Pinole City Council
March 18, 2025

CITY COUNCIL
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martínez-Rubin, Council Member
Devin T. Murphy, Council Member
Maureen Toms, Council Member

PINOLE CITY COUNCIL

MEETING AGENDA
March 18, 2025
5:00 PM
Attend in Person: PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below How to Submit Public Comments:

In Person:

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

Via Zoom:

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

From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor) • Speakers will be muted until their opportunity to provide public comment.

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

Written Comments:

All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting. Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

City Council
Agenda - March 18, 2025

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

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

If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected].

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

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

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

City Council
Agenda - March 18, 2025

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

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

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.

4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Gov. Code § 54957
Title: City Manager

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE COVERSHEET OF THE

AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff
F. City Attorney Report

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS

City Council
Agenda - March 18, 2025

A. Proclamations

1. American Red Cross Month

2. Developmental Disability Awareness Month

3. Nowruz
B. Presentations

1. ConFire Update by Chief Broschard

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on March 4, 2025.

B. Receive the March 1, 2025 – March 14, 2025 List of Warrants in the Amount of $1,160,911.17 and the March 14, 2025, Payroll in the amount of $534,480.33.

C. Second Read and Adoption of a Pinole Municipal Code Amendment related to (A) Housing Element Programs No. 4, 5 12 and 13, focusing on accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) and Regulatory Consistency; (B) Housing Element Program No. 4, to establish an Accessory Dwelling Unit Amnesty Program; and (C) Housing Element Programs No. 5-9, 10, 12 and 15, focusing on parking standards, affordable housing requirements, and administrative review processes. Action: Adopt Ordinance on Second Reading (David Hanham, Justin Shiu)
D. Adopt a Resolution to Amend the Master Salary Schedule Action: Adopt Resolution per Staff Recommendation (Stacy Shell, Charlene Davis)
E. Receive and File Annual Progress Report on Housing Element Implementation Action:

Receive Report (David Hanham, Justin Shiu)
F. Receive and File Housing Successor Annual Report for Fiscal Year 2023-24 Action:

Receive, file and submit to HCD (Lilly Whalen)
G. Resolution Affirming City and Community Values Action: Adopt Resolution per Staff Recommedation (Heather Bell)

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

None

City Council
Agenda - March 18, 2025

11. OLD BUSINESS
None

12. NEW BUSINESS
None

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6 Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

14. ADJOURNMENT to the Regular City Council Meeting of April 1, 2025 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, and on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda. _______________________
Heather Bell, CMC
City Clerk
POSTED: Thursday, March 13, 2025 at 4:30 pm

Pinole City Council Regular Meeting
Minutes – March 4, 2025

CITY COUNCIL MEETING

MINUTES
March 4, 2025

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Sasai called the Regular Meeting of the City Council to order at 5:00 p.m. and led the Pledge of Allegiance.

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

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.

Code § 87105.

A. COUNCILMEMBERS PRESENT
Cameron Sasai, Mayor
Anthony Tave, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Devin Murphy, Council Member
Maureen Toms, Council Member
B. STAFF PRESENT
Kelcey Young, City Manager
Heather Bell, City Clerk
Melissa Klawuhn, Police Chief
Eric Casher, City Attorney
Heba El-Guindy, Public Works Director
Lilly Whalen, Community Development Director
David Hanham, Planning Manager
Justin Shiu, Senior Planner
Roxane Stone, Deputy City Clerk

Pinole City Council Regular Meeting
Minutes – March 4, 2025

City Clerk Heather Bell announced the agenda had been posted on February 27, 2025 at 3:30 p.m. with all legally required written notices. A correction memo had been published and distributed for Item 10A and was available in the Council Chambers for public viewing.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda.

4. CONVENE TO A CLOSED SESSION:

Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Kelcey Young, City Attorney Eric Casher, Human Resources Director Stacy Shell and Gregory Ramirez, IEDA Employee Organizations: AFSCME Local 1, AFSCME Local 512 and the Pinole Police Employees Association (PPEA)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Property: 2100 San Pablo Avenue
Agency negotiators: City Manager Kelcey Young and City Attorney Eric Casher Negotiating party: Art Pakpour
Under negotiation: Price and Terms

PUBLIC COMMENTS OPENED
Lori Kauth reported she was working on the Rancho Project in collaboration with the Contra Costa County Historical Society, and as part of the project she had been assigned to the City of Pinole.

She understood Pinole resident Jeff Rubin, who passed away, had stored some historical information in his house and she had been led to believe the Faria House would be made into a history museum/event center. She now understood the City was moving ahead to dispose of the property to a developer. She referred to a 2022 Facebook post about the City having agreed to a history area at the Faria House and she asked about the status of allocated funds given her understanding that project was to be completed in 2023. She had spoken to Pinole citizens who wanted to know why there was no progress with the Faria House and why the property was for sale.

Council member Toms asked the City Attorney whether a response from the City Council could be provided given that this was also an item on the meeting agenda.

City Attorney Eric Casher reported the Mayor may direct or allow responses.

Mayor Sasai commented that since this was a Closed Session item related to Item 4B, he deferred to the City Attorney as to how much could be disclosed and noted that the commentor could also reach out to City staff for a response.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

City Attorney Casher confirmed the City Council had a confidential Closed Session item related to Item 4B to discuss the matter. Also, Consent Calendar Item 9G involved the same property where a decision would be further discussed, and there would be another opportunity for more public comment on this particular topic. The questions the speaker mentioned were noted and staff could provide a response at a later date.

Ms. Kauth reported a group of people were trying to access some of the history documents/memorabilia that were being stored in the garage of Mr. Rubin’s personal residence and they needed accessibility. She asked about the status of those documents going forward if the City had no history room.

Mayor Sasai thanked the speaker for the comments and reiterated the item would be discussed as part of the public meeting and as part of Item 9G later on the agenda.

Peter Murray also spoke to Item 4B as it related to the Faria House and excess properties beyond Quinlan Street in the City of Pinole, which had been considered at one time the most practical site for a History Museum. He spoke to the history of the City having convinced the Faria Sisters to sell the property so the City would benefit by having a greater and larger development on the site and one that would benefit the entire community. He highlighted the history of the Faria House and the promise to the Faria Sisters the house would be preserved and the City would create some kind of living museum for the community which was why the house had been moved from its original location. Generations of City Councils had been supportive of this effort and had put money into the project to accommodate that promise; however, the City was now considering the property as excess property, to be tossed aside. While a developer may save the property, the house could be demolished and replaced with something else that may impact the existing residents near Quinlan Street
Mr. Murray pointed out this was the 50th anniversary of the Pinole Historical Society. He could attest to the character of those who came before and worked to preserve the history of the community in a continuous process. One of the founders of the Pinole Historical Society, George Vincent, had passed in the last week and was someone who had been a historian for Pinole and Contra Costa County. He also referenced the Land Acknowledgement statement read into the record during each City Council meeting, which he described as history and noted that the Pinole Historical Society kept history, which was intertwined with the time when Native Americans were present on these lands up to the present.

Debbie Long also referenced Item 4B and the potential sale of the Faria House and noted it was actually two separate units; the land and the house itself. She assumed the value of the land would be used for housing but hoped the house itself could be preserved as a meeting area for the community and used to house some of the historical documents that had been referenced, like Applebee’s had done with school events. She asked the City Council to do everything it could to preserve the Faria House. If that meant it had to be sold at a price that allowed the developer to completely rehabilitate the property, so be it, since it would be a value to the community and a compromise since it could not be a museum but still sit as a reference point in Pinole’s history and working with the developer could actually incorporate some of that history.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Ms. Long asked the City Council to consider that possibility and also consider a restricted deed where the home could only be torn down in the event of a disaster, which would help everyone to follow this matter more easily while also taking into account promises made over the years. While the City would not have a history museum, it would have the history that had been promised years ago to the majority of the community.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 7:05 p.m., Mayor Sasai reconvened the meeting into open session. There was no reportable action from the Closed Session.

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Irma Ruport thanked the City Manager and staff for hosting the Measure I Workshop at the Senior Center, which had been well attended by members of the community. She commented on the number of projects that had been discussed and asked the City Council to prioritize the list of projects given that the receipt of sales taxes from Measure I would be limited. She also urged the City Council to be cautious about grants given they could be taken away by the current federal administration. She noted the City Council had borrowed from the reserves in the last year and urged the City Council to be conservative with its priorities and not consider special projects but consider what citizens needed and wanted to move the City forward. She reminded the City Council of its fiscal responsibility with a focus on safety, roads and maintenance. She further suggested workshops should be considered every month or every two months at the Senior Center from 9:00 to 11:00 a.m. on Saturdays.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Sasai thanked the community for attending the Grand Reopening of the Pinole Valley Park Soccer Field and thanked all participants involved in the event including the work of City Manager Kelcey Young, Communications Director Fiona Epps, the staff of Pinole Community Television (PCTV) and collaboration with the West Contra Costa County Youth Soccer League. (WCCYSL).

Mayor Sasai reported he had attended the League of California Cities East Bay Legislative Dinner and highlighted the electeds in attendance and the topics of discussion, which included transportation, housing and wildfire safety.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Mayor Sasai had also attended a meeting of the West Contra Costa Transportation Commission (WCCTC), which had adopted the Final Draft of the Richmond Parkway Transportation Plan, received a presentation from the Contra Costa Transportation Authority (CCTA) and provided feedback on the Countywide Transportation Plan.

Mayor Sasai thanked staff for the Measure I Workshop at the Senior Center, appreciated those in attendance, and although he had been unable to attend due to a family commitment, he was pleased to see the community involvement and participation in the community survey. He invited everyone to the WestCAT Community Open House at the Pinole Library on March 5, 2025, from 6:00 to 8:00 p.m., which would include light refreshments and an opportunity for the community to share any concerns and discuss the new initiative WestCAT Evolution.

Mayor Sasai further reported he would present the State of the City Address at the Bay Front Chamber of Commerce on March 13, 2025 at 7:30 a.m., at Leila by the Bay in the City of Hercules.

There may be another opportunity to present the State of the City Address after the budget season when more solid information would be available.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Toms reported she had attended the Police Officer of the Year Dinner, sponsored by the Elk’s Club, which had honored Police Officer of the Year Amy Eubanks, a second-generation recipient of the award with her father a two-time recipient in the cities of San Pablo and El Cerrito; along with several East Bay City Council members as part of the League of California Cities had met with Senator Jesse Arreguín to discuss his legislative priorities including a bill to relax some of the Brown Act requirements for committees; the Grand Reopening of the Pinole Valley Park Soccer Field; East Bay Wildfire Coalition, East Bay Regional Communications, East Bay Division of League of California Cities meetings and the Measure I Workshop, and briefed the Council on all discussions.

Council member Murphy commended City staff for making the Measure I Workshop a priority. He was pleased with the participation from the community and the continued opportunity to brainstorm the new vision for the City and consider new ways to come together and address the needs in the City. He had also attended a meeting of the Marin Clean Energy (MCE) Executive Committee, and briefed the Council on budget discussions, with the next MCE meeting on March 20, 2025 to discuss its budget, with more information on the MCE website or interested persons may reach out to him via email.

Council member Murphy had also attended an East Bay Economic Development Alliance Board of Directors meeting and highlighted presentations on the Bay Conservation and Development Commission (BCDC) Regional Shoreline Adaptation Plan and Contra Costa Economic Partnership, with more information on this presentation at cccpartnership.org/data. In addition, he highlighted his participation with the West Contra Costa Unified School District (WCCUSD) Systems for Change Collaborative and reported there was an opening for the Superintendent position for the WCCUSD. The WCCUSD Board of Directors would meet on March 12, 2025 to finalize the job description for the Superintendent position.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Council member Murphy also acknowledged Women’s History Month, highlighted the women who impacted his life and acknowledged members of the City’s leadership team. In particular, he provided the background and highlighted the life of his mother Dolores Hadiya Williams, who had a profound impact on those in her community during her life, was committed to improving the lives of others and had devoted her entire career to education and social justice. He lost his mother to brain cancer in the past month and emphasized his mother always instilled power and understanding in him. He emphasized the importance of Women’s History Month, with women having led and continuing to lead in so many ways in this world and he honored his mother as someone who had been a trailblazer in his life and in other lives. His mother’s life had been celebrated on February 22, 2025, and he would continue to celebrate her life through his actions on the City Council and through continued commitments to Equity, Diversity and Inclusion. He again recognized the many women who mattered and who were appreciated. He emphasized the importance of reflecting and taking action to create and continue to create equity in an everchanging world to promote and uplift women across the globe.

Mayor Pro Tem Tave reported the Grand Reopening of the Pinole Valley Park Soccer Field had been well received. He thanked staff for the great job and also recognized the collaboration with partners in the community. He had also attended the Measure I Workshop, appreciated the discussions and feedback from the community and appreciated staff’s hard work and participation.

Council member Martinez-Rubin reported she had attended the Police Officer of the Year Dinner, sponsored by the Elk’s Club; Grand Reopening of the Pinole Valley Park Soccer Field and thanked staff for identifying and executing the soccer field reopening; League of California Cities East Bay Division meeting and Measure I Workshop. She appreciated the input from participants to identify priorities and thanked everyone who had participated and staff for promoting the event.

She also invited all residents to join together for WestCAT’s Open House on March 5, 2025 from 6:00 to 8:00 p.m. at the Pinole Library. She wished everyone a Happy Mardi Gras and recognized March 5, 2025 as Ash Wednesday.

D. Council Requests for Future Agenda Items: None
Mayor Sasai offered a motion, seconded by Council member Murphy for staff to return with a summary report to the City Council with a recap of the outcome of the Council Retreat including minutes of the meeting and a summary of the Council priorities that had been recorded, to be presented on a date certain of March 18, 2025.

City Manager Kelcey Young reported that during the Council Retreat it had been discussed that information would come back during the budget process. To add that now would delay other projects staff was working on.

Mayor Sasai asked whether a recap of the outcome of the Council Retreat and everything where the Council had reached consensus could be brought back in a report.

City Manager Young commented that some of those things would come back, as discussed during the Council Retreat. The future agenda item request would change the process that had been discussed and could delay other projects staff was working on, including bringing new staff onboard, working on the budget process and items being discussed in Closed Sesson.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Mayor Sasai again requested a recap of the shared priorities that had been discussed during the Council Retreat. It was important for the City Council and public to understand what had been discussed, which could inform decisions for the budget process.

City Manager Young explained if staff was to come back with the information for the March 18, 2025 City Council meeting it would delay other items scheduled for the same meeting and this was something that had not been discussed until now. She reported that the agenda for the March 18 meeting was packed. A short recap from the Council Retreat would be possible, but she requested continuing with the same process as previously discussed during the Council Retreat, to bring back a more comprehensive recap later.

Council member Martinez-Rubin preferred not to have staff do busy work now than have something integrated into the processes underway.

Mayor Pro Tem Tave asked whether the main sticking point for staff was the date certain for the item to return to the City Council. He asked if there was a way to see that information prior to going into the budget conversation.

City Manager Young expressed a preference that Council members make such requests prior to open City Council meetings and follow the Council Norms, where she could discuss whether staff was available. She noted the Council Retreat had been a two-day event, an Intern was working on compiling something and she again would have preferred a conversation prior to the open meeting to discuss when staff could return with such information and where they could all be in agreement. When asked when she could return with a recap, she confirmed the information could return as a basic summary for everyone to review in mid-April.

Council member Toms clarified she would vote no on the motion since it was getting into too much micromanaging; the topic had already been discussed and requiring a date certain return was the reason she would vote no.

ACTION: Motion by Mayor Sasai/Council member Murphy for staff to return with a summary report to the City Council with a recap of the outcome of the Council Retreat, including minutes of the meeting and a summary of the Council priorities that had been recorded, to be presented to the City Council at the second meeting of April.

Vote: Passed 3-2
Ayes: Sasai, Tave, Murphy
Noes: Toms, Martinez-Rubin
Abstain: None

Absent: None
Motion by Mayor Sasai, seconded by Council member Murphy for staff to prepare a resolution for City Council approval and direction to pursue the Clean California Designation, as presented by Caltrans at a prior City Council meeting.

Council member Murphy understood this was something staff was already working on.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

City Manager Young explained that staff would like for this particular item to come forward since this would be something interesting for the City; however, she commented on the current time constraints to try to move this item forward and she preferred the City Council wait until it had a discussion about the process for future agenda items that would be considered during the March 18 City Council meeting. She noted that City staff was a small team working six days a week, staff was overextended and the more future agenda items added the more challenging it became to be able to continue to work on those projects. Again, while this was something staff would like to work on and was something staff strongly supported, she asked that this request be tabled until staff was able to bring forward the discussion about the future agenda process.

Council member Murphy reiterated the future agenda item request and his understanding staff was already working on a resolution and the game plan was to bring it back.

City Manager Young clarified staff was not currently working on a resolution but wanted to take a look at which of the checkpoints as part of the Clean California Designation the City would be able to follow and staff wanted to be able to review the overall project, which was a much bigger piece than just a resolution. Staff would want to look at the resolution, the staff reports, and all other pieces. She did not have a timeframe when the item could return since the presentation had just recently been made and the City had just recently become fully staffed.

Mayor Pro Tem Tave asked how future agenda item requests were managed since he understood the work would fit into the current work load. He understood if a date certain was not identified it would be up to the City Manager to work in at some point. He understood the challenges with identifying a date certain for staff to get something done but asked how it was problematic.

City Manager Young described the process for a City to be able to get things done with a work plan and set priorities that were followed. When adding pieces to the work plan teams would end up ping-ponging, which was why the Council Retreat had been held to set priorities. She noted it was unusual for a Council to add items to the staff work load without taking some items off. She expressed concern with the fact that oftentimes with no set timelines, they were letting the community down. The community was expecting the City would get to these items and she was concerned with overpromising and not delivering. She wanted to make sure as a group that everything put on an agenda was something that was being done and being done together quickly, which was why she was pushing back since she felt they owed it to the community and each other and she owed it to the City Council.

Mayor Pro Tem Tave understood the work load and the limited resources and staff attached to it.

City Attorney Casher cautioned the discussion was getting far afield from the agenda item. This was not a discussion item but a request for future agenda items. There was a request for a specific future agenda item and he asked for a focus on that request. He confirmed the Council Procedures would be brought forward at the next City Council meeting where this item in particular would be discussed.

On the motion, Mayor Pro Tem Tave suggested it made sense to wait for the next meeting and have that discussion, but the City Council needed more conversation about how this conversation actually happened.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Mayor Sasai agreed to table the item for consideration at this time given the expected conversation during the March 18 City Council meeting.

E. City Manager Report / Department Staff
City Manager Young reported on the successful Pinole Valley Park Soccer Field Grand Reopening and announced the Community Services Department had received an award for the soccer field. She expressed her appreciation to the Public Works Department for filling potholes and removing graffiti and other items prior to the event. She too commented on the success of the Measure I Workshop and thanked everyone who participated and provided feedback with a recording of the session available on the City of Pinole Facebook Page. She added the Measure I survey was still live and available at pinolespeaks.com, with over 2,500 responses currently received. She also reported for the first time in years the Community Services Department had opened spring and summer camp registration.

City Manager Young announced she had been with the City for six months, would take a few days off prior to the budget season and would return on March 11, 2025, with City Clerk Bell to serve as Acting City Manager in her absence.

F. City Attorney Report: None
PUBLIC COMMENTS OPENED (Items 7D through 7F)
City Clerk Bell reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS
A. Proclamations

1. International Women’s History Day and Women’s History Month The City Council read into the record a proclamation recognizing March 8, 2025 as International Women’s History Day and March 2025 as Women’s History Month, with the proclamation presented to the City’s executive team which was now all female.

City Manager Young emphasized this moment was special and rare where the City of Pinole was currently comprised of an entirely female executive team, the first time this had happened in the City of Pinole. She recognized the City had an exceptional team regardless of gender. She was proud and humbled to recognize the team she had the honor to lead.

PUBLIC COMMENTS OPENED
City Clerk Bell reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

Pinole City Council Regular Meeting
Minutes – March 4, 2025

B. Presentations

1. Introduction of Police Chief Melissa Klawuhn

2. Introduction and Swearing in of Public Works Director, Heba El-Guindy City Manager Young introduced new Police Chief Melissa Klawuhn and new Public Works Director Heba El-Guindy to the City of Pinole; highlighted both of their backgrounds and experiences and welcomed them both to the City of Pinole. She thanked Commander Jeremy Crone for his service as Acting Police Chief during this time.

Police Chief Melissa Klawuhn thanked the City Manager and the City Council for the opportunity to serve as the Chief of Police, was excited and looked forward to working with everyone and stated she had already received a warm welcome from City staff and the Pinole Police Department.

City Clerk Bell presented the Oath of Office to new Public Works Director Heba El-Guindy.

Public Works Director Heba El-Guindy thanked the City Council for the opportunity to become a member of the City team. She was honored and excited to contribute to the City’s objectives and goals and looked forward to collaborations along the way.

PUBLIC COMMENTS OPENED
Deputy City Clerk Roxane Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

3. Northern California College Promise Coalition (NCCPC) Presentation Community Services Department Director Andrea Dwyer introduced Meredith Curry-Nunez, Executive Director and Janae Aptaker, Interim Director, Member Engagement & Strategy, Northern California College Promise Coalition (NCCPC), who provided a PowerPoint presentation on NCCPC, a cross sector collaboration of cities and programs that believed in and strived towards equity, collectively tackling large issues by concentrating on four different pillars including: policy, communities of practice, work force and campus partnerships. Each member of the coalition would come together and focus on tackling issues under that particular umbrella to advance opportunities for education equity for multiple marginalized students and underrepresented students.

The number of programs provided across the Northern California region, particularly Education Cities Initiative and CSA Coalition & CalKIDS, were highlighted. NCCPC hoped to grow the number of students being served and cross sector partnerships and welcomed the City of Pinole to partner and explore what it meant to be an Education City. Handouts with QR codes were provided. The City of Pinole was asked to connect with NCCPC.

Responding to questions from the City Council, Ms. Curry-Nunez clarified:

Pinole City Council Regular Meeting
Minutes – March 4, 2025

• CalKIDS was described as a child savings account, which could be seeded with funding from an outside source or a family member and which account builds when invested and was based on what had been seeded from the account when opened. These accounts were beneficial for Low-Income families, first generation students who did not have a culture of going to college and were not used to having accounts, with the challenge of how to pay for college. Child savings accounts were important since a small investment could change the attitude of someone’s worthiness to pursue avenues such as college.

CalKIDS had been programmed at the state level and was managed by the Treasurer’s Office, which managed the budget to seed and maintain the accounts. The Treasurer’s Office Team also helped to disseminate information about CalKIDS, which had been around for two years. Eligibility requirements were highlighted and more information was available at CalKIDS.org. NCCPC would act as a partner with the Treasurer’s Office to help ensure this resource gets to students and families. (Martinez-Rubin) • Clarified the accounts themselves were initially funded by the Treasurer’s Office through the CalKIDS Program through public funding. Information on the sources of funding and data on how accounts for newborns versus first to 12th graders, could be provided to the City Council at a later date. (Martinez-Rubin)
• All coalition members of which there were seventy, whether city offices, scholarship programs or education, or technology non-profits, served students and families in and outside Pinole in different ways, through scholarships, mentorships, internships and some were doing advocacy work. Members ensured students had access to resources as early as kindergarten to jobs after college. (Martinez-Rubin) • The Treasurer’s Office was creating a partnership with the state’s Cradle to Career Data System, which would be able to track some information, although that reporting was not available at this time. (Mayor Sasai)

PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED
The City Council thanked NCCPC for the presentation and encouraged NCCPC to stay in contact with the Community Services Director who was great with partnerships.

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the Regular City Council Meeting on February 4, 2025 and February 18, 2025.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

B. Receive the February 15, 2025 – February 28, 2025, List of Warrants in the Amount of $910,956.04 and the February 28, 2025, Payroll in the Amount of $517.097.55
C. FY 2024/25 Second Quarter Investment Report. Action: Receive Report (Markisha Guillory)
D. Fiscal Year (FY) 2024/25 Second Quarter CIP Status Report. Action: Receive Report (Faby Guillen)
E. Fiscal Year (FY) 2024/25 Second Quarter Strategic Plan Status Report. Action:

Receive Report (Kelcey Young)
F. FY 2025/26 Budget Development Process and Timeline. Action: Receive Report. (Markisha Guillory)
G. Authorize the City Manager to Sign a Non-Binding Letter of Intent to Purchase.

Action: Authorize the City Manager to Sign the Non-Binding Letter of Intent to Purchase to Explore Negotiations with Palm Plaza Development on 2100 San Pablo Avenue (Kelcey Young)

PUBLIC COMMENTS OPENED
Rafael Menis referenced Item 9C, and stated he had provided comments in writing in advance to the City Manager as she had requested. He expressed concern with the proportion of the City’s Section 115 Trust investments, as of Quarter 2 (Q2) located in equities, which was less noticeable for the non-section 115 Trust, which was mostly money-market funds, given the current and ongoing sharp drops in the stock market due to the recent implementation of tariffs and the likely continued volatility in the stock market from numerous different causes. He urged the City Council to consider the proportion of its funds in the Section 115 Trust, as allocated to equity, given the City’s top priority being safety above liquidity and yield and reconsider ideally before April, the allocation of funds given the current and likely to be ongoing drop in the equities market.

Lori Kauth referenced Item 9G and asked that the item be removed from the Consent Calendar until some of the questions raised during public comment had been addressed including the possible use of the Faria House and potential exclusion of the Faria House from the terms of the agreement of sale of the property, to ensure the house was not demolished as part of a proposal by the contractor, to safeguard the home and to address the potential loss of local history.

Peter Murray, also speaking to Item 9G, asked what the City Council was allowed to share from the Closed Session and whether there was anything the community could be made aware of with regards to the status of the Faria House. He reiterated this was the 50th anniversary of the Pinole Historical Society, which was comprised of volunteers. The Pinole Historical Society put a lot of time and effort collecting the City’s history with Native Americans, settlers and all of their history interwoven from past to present. He also highlighted the educational work of the Pinole Historical Society where local school children had been taught about Pinole’s history, which was important to keeping the City’s history alive. He again asked the City Council to share what it could from the Closed Session.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Irma Ruport asked whether the Letter of Intent to Purchase contained in Item 9G was available to the public for review. She understood Item 9G would allow staff and the developer the opportunity to continue negotiations and she asked that the process also include the City Attorney given past history with some unsuccessful real estate transactions. She sought more of a team effort with the City Attorney to guide everyone to do the right thing with the contract. During City Council meetings on July 18, 2023 and September 19, 2023, by a 4-1 vote with Council member Martinez-Rubin voting no, the City Council voted to sell the Faria House and there were no grants available for a museum. She had information about the past history for a museum, emphasized the City could never afford the costs then and now to maintain the house, and she had been opposed to the City preserving the Faria House since it involved taxpayer money. She did not like the way it was coming across given former Council member Pete Murray was well aware of the history of the property since as a member of an Ad-Hoc Subcommittee in 2020 when the thenCity Council voted not to maintain the property since it could not afford to maintain it. She had recorded history about the Faria House, the City Council had the same information and she emphasized the taxpayers could never afford to maintain the property. While sad, this had been discussed previously, the Pinole Historical Society never had a conversation about a museum with the taxpayers, this issue had been well documented and the City could not continue the downward spiral of losing taxpayer monies.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Tave/Council member Murphy to adopt Consent Calendar Items 9A through 9G, as shown.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None

10. PUBLIC HEARINGS
A. First Read of a Pinole Municipal Code Amendment Related to (A) Housing Element Programs No. 4, 5, 12 and 13, Focusing on Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and Unit and Lot Split Projects Proposed Under Senate Bill 9 (SB 9) and Regulatory Consistency; (B) Housing Element Program No. 4, to Establish an Accessory Dwelling Unit Amnesty Program; and (C) Housing Element Programs No. 5-9, 10, 12 and 15, Focusing on Parking Standards, Affordable Housing Requirements and Administrative Review Processes. Action: Conduct Public Hearing and Waive First Reading of Ordinance. (David Hanham, Justin Shiu)
Planning Manager David Hanham introduced the item and Senior Planner Justin Shiu presented an extensive PowerPoint presentation on the Pinole Municipal Code (PMC) Amendments for Housing Element Implementation, as shown on the agenda description. As the City Clerk previously reported, an addendum to Item 10A had been provided to the City Council and included Planning Commission recommendations to Chapters 17.10, 17.32 and 17.48, which were also highlighted at this time.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Staff recommended the City Council conduct the first read and consider adoption of an ordinance consisting of the PMC Amendments related to Housing Element Programs and schedule the second read and adoption for March 18, 2025.

Responding to questions from the City Council, Community Development Director Lilly Whalen and Messiers Hanham and Shiu clarified the following:
• The minimum acceptable size for a bedroom was 70 square feet per Building Code standards regardless of lot size or size of dwelling. (Martinez-Rubin) • The ADU Amnesty Program clarified how violations would be addressed if applicable and would refer to substandard housing conditions identified in Health and Safety Code Section 17920.3 of the State Amnesty Ordinance. As examples, if exposed wiring, plumbing and heating did not work, the unit would not function as a local unit. (Murphy) • As part of the ADU Amnesty Program, a request for a free consultation would involve a confidential meeting with staff to review eligibility and provide information and guidance on the application process. As an example, a resident may approach staff to pursue the Amnesty Program where staff could schedule a one-on-one meeting to allow the resident a safe place to identify interest in the program and staff would not immediately consider a code enforcement case. The point was to bring people to the table to review potential units. An optional third-party inspector may be considered to ensure compliance. Certain office hours where the City Offices could be open could also be considered to allow a resident to come in to speak with staff in a conference room. (Murphy) • Chapter 17.32 Affordable Housing Requirements, the addition of a park fee waiver on additional affordable units beyond the minimum requirement only applied if a housing development included affordable housing units beyond the minimum requirement of 15 percent of the base units. (Murphy)
• The proposed PMC amendments were intended to be consistent with the adopted Housing Element, with all programs based on state law, which the City negotiated with the State Department of Housing and Community Development (HCD) as part of the certification of the City’s Housing Element. (Toms)
The City Council thanked staff for all of their hard work to ensure the City was in compliance with state law.

PUBLIC HEARING OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC HEARING CLOSED
ACTION: Motion by Council members Martinez-Rubin/Toms to conduct the first read and consider adoption of an ordinance consisting of the PMC Amendments related to Housing Element Programs and schedule the second read and adoption for March 18, 2025.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None

11. OLD BUSINESS: None

12. NEW BUSINESS
A. FY 2024/25 Mid-Year Budget Review (Second Quarter Financial Report). Action:

Adopt a Resolution (Markisha Guillory)
City Manager Young thanked Accountant Maria Mata and Communications Director Fiona Epps for their assistance in the presentation of the Fiscal Year (FY) 2024/25 Mid-Year Budget Review (Second Quarter Financial Report) and also thanked the City Council for submitting questions before hand.

City Manager Young provided a PowerPoint presentation which included an overview of the purpose for the Mid-Year Budget Review; budget highlights – General Fund and Non-General Funds; General Fund Budget Overview; General Fund Revenue, Expenditure Fund Equipment Reserve Fund, Recreation Fund, Building and Planning Fund, Growth Impact Fund, Cable Access TV Fund and Information Systems Fund Budget Summaries and a Summary of Proposed Adjustments.

In terms of the next steps, the staff recommendation was for the City Council to receive the FY 2024/25 Second Quarter (Mid-Year) Financial Report and adopt a resolution authorizing related budget adjustments.

Council member Toms thanked the City Manager for the heads up in discussing the Mid-Year Budget with her prior to the meeting and for providing a thorough staff report that answered many questions.

Council member Murphy thanked City staff, the City Manager and Finance Director Markisha Guillory for the hard work on the Mid-Year Budget.

Council member Martinez-Rubin also thanked staff for the staff report and information provided.

Responding to questions from the City Council, City Manager Young clarified:
• Page 282 of 320 of the agenda packet, FY 2024/25 Second Quarter Financial Report General Fund Overview, the second paragraph of this section which read: At its meeting on June 25, 2024, the City Council adopted the FY 2024/25 budget, which included the use of the General Fund’s unassigned fund balance to fund several Council-directed initiatives as well as several capital improvement projects. The FY 2024/25 adopted budget includes the use of General Fund (including Measure S 2006 and 2014) unassigned fund balance for a net deficit of $9 million, would be clarified with the Finance Director to ensure accuracy. (Martinez-Rubin)

Pinole City Council Regular Meeting
Minutes – March 4, 2025

• Page 282 of 320 of the agenda packet, FY 2024/25 Second Quarter Financial Report General Fund Overview, the fourth paragraph of this section which read: The City is projecting to end FY 2024/25 with a net deficit of $9 million, with total revenues projected at $28.7 million and expenditures at $33.9 million, and an estimated ending fund balance of $2.4 million, if all one-time initiatives and capital projects were to be completed within FY 2024/25. The table below summarizes the General Fund budget to actuals through the second quarter, was clarified. The City did not have a deficit, there was no alarm and at most was at a shortfall of around $500,000, as referenced on Page 16 of the PowerPoint presentation. Clarified the way the City structured its Capital Improvement Plan (CIP) projects was to front load them, estimate costs and put them in initially but they were not necessarily funded. It was not a true deficit if the City chose not to move forward with those projects. There were things the City would have to continue to evaluate and monitor, although the City had additional revenue sources that could be explored. (Murphy) • If the City were to start fresh with no CIP projects and redo this budget season with no expectations, other than what had been discussed during the Council Retreat and what had to be done, the total amount of funds available was unknown at this time, but there was room to explore some of that and there were some projects the City could look at and provide feedback. (Mayor Pro Tem Tave)
• Summary of Proposed Adjustments as reflected on Page 16 of the PowerPoint presentation was again clarified with many of the projects in the CIP not funded. Staff would have to review the funds that were committed to CIP projects to see how it would impact the net result as shown in the Summary of Proposed Adjustments, with staff clarifying many CIP projects were underfunded to sufficiently complete the project, some larger projects were not funded at all and some projects were fully funded, but in the City Manager’s opinion were projects that should be deferred and this could be a useful conversation as part of the continued budget process. (Mayor Pro Tem Tave) • Acknowledged most roofs on City facilities were close to failure. COVID-19 had caused challenges in budgeting certain items and costs for repairs had risen drastically. The City Manager suggested a need to be almost surgical with priorities and decide what could be done to stop the bleeding, what could be done to get ready for the next big thing and ensure City buildings were in shape and not causing larger failures. And, what could be done to tackle something like roads that would make the biggest impact for the community.

Then continue community engagement and get feedback from the community on the next big thing. The City Manager was confident this deeper conversation could be done in three months and she had ideas to put the City in the right direction quickly. (Mayor Pro Tem Tave)
• Acknowledged the suggestion the Finance Subcommittee was the place to dig into these issues. (Murphy)
• Acknowledged the need to identify the basis for supporting certain projects. (MartinezRubin)

PUBLIC COMMENTS OPENED

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Rafael Menis reported he had submitted some of his comments in advance to the City Manager and had received partial replies. He offered the following additional comments on the FY 2024/25 Mid-Year Budget:
- Page 287 of 320 of the agenda packet, Property Tax, noted the Q2 revenue for this year was substantially higher than prior year Q2s and asked whether that was a result of real property taxes being shifted over into the property tax segment proper with the dissolution of the Successor Agency or whether there were other causes. - Pages 303 and 304 of 320 of the agenda packet, Refuse Management Fund (Fund 213), asked why the fund projection before and after adjustments would end at a fund balance deficit and whether the City planned to reallocate funds from the General Fund to cover that deficit.
- Page 316 of 320 of the agenda packet, there appeared to be a percentage change for Fund 276, Growth Impact Fund of 12.4 million percent, he thought, and suggested that was because of the revenue adjustment and was curious as to why that fund was carried forward as revenue rather than as fund balance since it seemed to potentially be an area of concern in the financial controls. He wanted to understand why that happened to avoid if from happening again, and
- Page 296 of 320 of the agenda packet, noted the interdepartmental adjustments negative as a percentage of the amended budget.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Martinez-Rubin/Toms to receive the FY 2024/25 Second Quarter (Mid-Year) Financial Report and adopt a resolution authorizing related budget adjustments.

Vote: Passed 5-0
Ayes: Sasai, Tave, Martinez-Rubin, Murphy, Toms
Noes: None
Abstain: None

Absent: None

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Rafael Menis reported on the COVID-19 rate in the State of California based on the latest wastewater surveillance data, with the rate having decreased to a rate of 3.49 per 100,000 as opposed to a rate of 4.46 per 100,000 the last time this subject had been discussed. While a decline, it was still relatively elevated and he continued to encourage people who were immunocompromised, elderly and at greater risk from COVID-19 to wear masks in indoor crowded settings, get vaccinated and receive booster shots.

Mr. Menis also spoke about honor and commented that recently the President and Vice President of the United States had ambushed an ally, President Vladimir Zelenskyy of Ukraine, having berated and insulted him in the Oval Office for not surrendering to Russia and for not being willing to give lots of monetary resources to the United States for no security guarantees in return. He found this to be a question of honor since the United States had signed the Budapest Agreement in the early 1990s when Ukraine voluntarily got rid of its nuclear weapons in return for guarantees from the United Kingdom, the United States and Russia, saying they were giving up these weapons, putting the country at risk and in return Russia agreed not to invade.

Mr. Menis noted the United States and United Kingdom would then back Ukraine if Russia were to invade. Now, the current administration was saying they were not going to honor past agreements, were saying might makes right and demanded money for something the country already agreed they would back them on and which he found to be dishonorable and a disgrace to the United States.

Anthony Vossbrink asked the Mayor and City Council whether they would consider closing the meeting in honor of late long-time resident/historian/educator, George Vincent, who recently passed away. Mr. Vincent taught for over 30 years at Ellerhorst Elementary School and was a Co-Founder of the Pinole Historical Society.

Mr. Vossbrink also echoed the comments made by former Mayors and Council members Murray and Long, with respect to their comments about doing something to save the Faria House, and asked the City Council to consider whether the home could be moved, fenced, or converted into a multi-purpose residence. He also asked about the status of the caretaker’s house and the area behind the Adobe Trail where renovations to the trail were to be done. The area remained in rubble and disrepair and was not suitable for pedestrians. In addition, the condition of Pinole Dog Park was a concern and recyclable trash bins remained to be provided in some City parks. He otherwise reported witnesses had seen members of the Public Works Department loading recyclables into one large garbage bag and tossing it into the back of a pickup truck to take to the Corporation Yard to be treated as garbage as opposed to being processed as recyclables.

Mayor Sasai thanked the public commenter for the suggestion to adjourn the meeting in memory of George Vincent and Council member Martinez-Rubin who was close to the Vincent Family, who had given him a note to consider the family’s space at this time.

14. ADJOURNMENT to the Regular Meeting of March 18, 2025 in Remembrance of Amber Swartz.

At 9:58 p.m., Mayor Sasai adjourned the meeting to the Regular City Council Meeting of March 18, 2025 in Remembrance of Amber Swartz.

Pinole City Council Regular Meeting
Minutes – March 4, 2025

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:

CITY COUNCIL
REPORT 9.C.

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: SECOND READ AND ADOPTION OF A PINOLE MUNICIPAL CODE AMENDMENT RELATED TO (A) HOUSING ELEMENT PROGRAMS NO. 4, 5 12 AND 13, FOCUSING ON ACCESSORY DWELLING UNITS (ADUS),

JUNIOR ACCESSORY DWELLING UNITS (JADUS), AND UNIT AND LOT SPLIT PROJECTS PROPOSED UNDER SENATE BILL 9 (SB 9) AND
REGULATORY CONSISTENCY; (B) HOUSING ELEMENT PROGRAM NO. 4, TO ESTABLISH AN ACCESSORY DWELLING UNIT AMNESTY PROGRAM; AND (C) HOUSING ELEMENT PROGRAMS NO. 5-9, 10, 12 AND 15,

FOCUSING ON PARKING STANDARDS, AFFORDABLE HOUSING
REQUIREMENTS, AND ADMINISTRATIVE REVIEW PROCESSES.

RECOMMENDATION
Staff recommends the City Council waive the second reading and adopt an Ordinance (Attachment A) amending the Pinole Municipal Code related to (A) Housing Element Programs No. 4, 5 12 and 13, focusing on accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) and Regulatory Consistency; (B) Housing Element Program No. 4, to establish an Accessory Dwelling Unit Amnesty Program; and (C) Housing Element Programs No. 5-9, 10, 12 and 15, focusing on parking standards, affordable housing requirements, and administrative review processes.

BACKGROUND
The 2023-2031 Housing Element includes programs that prescribe amendments to the Municipal Code to implement the Housing Element’s objectives. Specifically, these amendments are needed to update provisions in the existing Zoning Ordinance to advance the Housing Element’s programs and to ensure the zoning code is consistent with State housing legislation and current regulatory procedures.

REVIEW AND ANALYSIS
At its regularly scheduled meeting on March 4, 2025, the City Council held a duly noticed public hearing to introduce and conduct the first reading of an Ordinance. This Ordinance (Attachment A) proposes amendments to Pinole Municipal Code Chapters 17.10, 17.12, 17.24,

17.32, 17.48, and 17.70; and the addition of Chapter 17.71 (Attachment B). These amendments aim to support Housing Element implementation and ensure regulatory consistency. A presentation and staff report were provided during the hearing (see Attachment

C for the staff report from the March 4 meeting).

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

ATTACHMENTS
A. Ordinance
B. Municipal Code Amendments - Compiled
C. 3-4-25 Staff Report

1 ORDINANCE NO. XXXX-XX
AN ORDINANCE OF THE CITY OF PINOLE AMENDING CHAPTERS 17.10, 17.12, 17.24, 17.32,

17.48, AND 17.70 OF THE PINOLE MUNICIPAL CODE AND ADDING CHAPTER 17.71 TO THE

PINOLE MUNICIPAL CODE
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code establishes general regulations on land uses and development standards within the City; and WHEREAS, the City of Pinole 2023-2031 Housing Element contains programs identifying various zoning ordinance amendments; and
WHEREAS, implementation of Housing Element programs requires amendments revising text in the PMC; and
WHEREAS, amendments to the municipal code are required for accessory dwelling unit and junior accessory dwelling unit regulations to reflect current State Law for these units under California Government Code Sections 66310 to 66342; and
WHEREAS, amendments to the municipal code are required to incorporate regulations and procedures for urban lot splits and unit development proposed under Senate Bill 9 (SB9) and reflect the provisions of California Government Code Sections Section 65852.21 and 66411.7; and WHEREAS, the City of Pinole Residential Design Criteria and Guidelines, adopted November 20, 2007, contains subjective guidelines for review of single family residential development; and WHEREAS, a ministerial review process is required for the review of unit development proposed under SB 9 and subjective guidelines cannot be used to approve projects; and WHEREAS, it is desirable to maintain aspects of the Residential Design Criteria and Guidelines by creating objective design standards based on subjective guidelines where possible; and WHEREAS, objective standards would apply uniformly to the underlying single family residential districts, which include R-1 and LDR, and thereby would be applicable to SB 9 unit development projects; and
WHEREAS, amendments related to ADUs, JADUs, SB 9 projects, and objective design standards, including regulatory consistency and clarifications, are made to Chapters 17.12, 17.24, and

17.70 and Chapter 17.71 is created as a new chapter; and WHEREAS, amendments to the municipal code are made to PMC Chapters 17.10, 17.32, and

17.48 regarding parking, affordable housing, general application processing to implement Housing

ATTACHMENT A

2 Element programs and to clarify requirements, reduce ambiguities, and improve internal consistency of the Zoning Code; and
WHEREAS, the proposed revisions to amend the Zoning Code are attached hereto as Attachment B; and
WHEREAS, the State laws concerning ADU amnesty (AB 2533) took effect on January 1, 2025; and
WHEREAS, the City proposed the establishment of an ADU Amnesty Program and amendments to Chapter 17.70 to implement the requirements under State law to provide a path to legalize previously unpermitted ADUs pursuant to State law requirements; and WHEREAS, the Planning Commission held duly noticed public hearings related to the proposed Zoning Code amendment on December 9, 2024, January 27, 2025, and February 24, 2025; and WHEREAS, the Planning Commission recommended adoption of the proposed amendments; and
WHEREAS, the City Council held a duly noticed public hearing related to the proposed Zoning Code amendment on March 4, 2025; and
WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed amendments; and WHEREAS, on March 18, 2025, the City Council waived the second reading of the ordinance; and
NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:

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

Section 2. Amendment of Municipal Code and Specific Plan. The Pinole Municipal Code is hereby amended with amendments to Chapters 17.10, 17.12, 17.24, 17.32, 17.48, and 17.70 of the Pinole Municipal Code and addition of Chapter 17.71, as set forth in Attachment B, attached hereto and incorporated herein.

Section 3. CEQA. Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment;

3 Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

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

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on March 4, 2025, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on March 18, 2025.
__________________
Cameron Sasai, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:

4 ______________________________
Eric S. Casher, City Attorney

ATTACHMENT B. MUNICIPAL CODE AMENDMENTS
SET A. Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9)

1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]

2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]

3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]

4. Pinole Municipal Code Chapter 17.71 SB9 Urban Lot Split and Unit Development [New Chapter]
SET B. Accessory Dwelling Unit Amnesty Program

5. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
SET C. Parking standards, affordable housing requirements, and administrative review processes.

6. Pinole Municipal Code Chapter 17.10 General Application Processing Procedure [Amendment]

7. Pinole Municipal Code Chapter 17.32 Affordable Housing Requirements [Amendment]

8. Pinole Municipal Code Chapter 17.48 Parking and Loading Requirements [Amendment]

1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]
Section 17.12.150 included (excerpt of Chapter 17.12 Entitlements).

Text to be removed shown in strikeout text.

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17.12.150 COMPREHENSIVE DESIGN REVIEW.

A. Purpose. The purpose of comprehensive design review is to provide a process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. This comprehensive design review is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses, or multi-family residential development will constitute suitable development and will not result in a detriment to the City of Pinole or to the environment.

B. Applicability. A comprehensive design review permit is required for the following items:

1. New single-family and multi-family residential development, except for unit development under Government Code section 65852.21, as amended and renumbered from time to time (also known as SB 9);

2. New non-residential development (e.g., commercial, office, industrial, public/quasi-public);

3. Additions to existing multi-family and non-residential structures equal to or greater than 500 square feet; and

4. Any item not listed in Section17.12.150.C, for which the Community Development Director determines that a comprehensive design review permit is required.

C. Exemptions. The following structures and activities are exempt from comprehensive design review. However, such structures may require additional permits, such as a building permit, and plan check to ensure compliance with adopted Building Code and related construction code standards and applicable Zoning Code provisions and public works encroachment permits.

1. Accessory dwelling units and junior accessory dwelling units, regardless of size.

2. Additions to a single-family home of less than 500 square feet when consistent with the City of Pinole Residential Design Criteria and Guidelines.

3. Additions to multi-family and non-residential structures less than five hundred (500) square feet in size.

4. Accessory structures consistent with the provisions of this title.

5. Installation of signs.

6. Repairs and maintenance to the site or existing structures that do not add to, enlarge, or expand the area occupied by the structure or the gross floor area of the structure.

7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure (e.g., tenant improvements).

8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).

9. Alteration or maintenance of public park and recreation facilities.

10. Unit development under SB 9 (Government Code section 65852.21).

D. Approving Authority. The designated approving authority for comprehensive design review is the Planning Commission. Comprehensive design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance). Comprehensive actions include, but are not limited to, new construction and wholesale redevelopment of existing sites.

E. Application Content. The application for a comprehensive design review shall be on a form prepared as prescribed by the Community Development Director.

F. Public Hearing/Notice. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal of an application for a comprehensive design review in accordance with Section 17.10.050 (Public Hearing and Public Notice).

G. Approval Findings. A comprehensive design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:

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

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

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

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

A. Considerations. In conducting comprehensive design review, the designated approving authority shall consider the following:

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

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

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

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

B. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for comprehensive design review to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

C. Permit Issuance. The final action on comprehensive design review by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).

D. Appeals. Appeal of the approving authority's action on the request for a comprehensive design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).

E. Expiration. All approved comprehensive design review permits are subject to the provisions set forth in Section

17.10.100 (Permit Time Limits, Extensions and Expiration). (Ord. 2020-01, § 3, 2020: Ord. 2012-07, § 3, 2012: Ord. 2010-02 § 1 (part), 2010)

2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]
Full Chapter included.

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CHAPTER 17.24

DEVELOPMENT STANDARDS BY ZONING DISTRICT
Sections:

17.24.010 Purpose.

17.24.020 Development standards.

17.24.030 Additional standards for multi-family zoning districts.

17.24.040 Objective design standards for single family zoning districts.

17.24.010 PURPOSE.

The purpose of this chapter is to establish development standards for lot area, allowed density, building setbacks, height, and lot coverage as appropriate for each of the city's base zoning districts as listed in Table 17.18.020-1 (Zoning Districts).

These standards, along with other development standards (e.g., fences and walls, parking, sign standards) listed in Article III (Site Planning Standards) are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. (Ord. 2010-02 § 1 (part), 2010)

17.24.020 DEVELOPMENT STANDARDS.

Table 17.24.020-1 (Development Standards for City of Pinole Base Zoning Districts) includes lot area, allowed density, building setbacks, height, and lot coverage requirements for each of the city's base zoning districts. Additional site planning requirements (e.g., landscaping, lighting) are listed in Article III (Site Planning Standards). Development within the city is also subject to compliance with all adopted Uniform Building and Fire Codes. Qualifying single family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines. Zoning district names for the zoning district symbols used in the table are as follows:

LDR = Low Density Residential Zoning District
R-1 = Suburban Residential Zoning District
R-2 = Medium Density Zoning District
R-3 = High Density Zoning District
R-4 = Very High Density Zoning District
R = Rural Zoning District
RC = Regional Commercial Zoning District
RMU = Residential Mixed Use Zoning District
CMU = Commercial Mixed Use Zoning District
OPMU = Office Professional Mixed Use Zoning District
OIMU = Office Industrial Mixed Use Zoning District
OS = Open Space Zoning District
PR = Parks and Recreation Zoning District
PQI = Public Quasi-Public Institutional Zoning District SPBCA = San Pablo Bay Conservation Zoning District
TABLE 17.24.020-1:

DEVELOPMENT STANDARDS FOR CITY OF PINOLE BASE ZONING DISTRICTS Development
Standard\Zoning District LDR R-1 R-2 R-3 R-4 R RC RMU CMU OPMU OIMU OS PR PQI SPBCA Lot Area ( minimum square
footage/unit) 43,560 6,000 3,000 1,500 N/A 5 ac.(1) 5,000 N/A N/A N/A N/A N/A N/A N/A N/A Allowed Density (units per acre)
Minimum Density 0.21 1.1 10.1 20.1 35.1 N/A N/A 20.1 20.1 20.1 N/A N/A N/A N/A N/A Maximum Density 1.0 10.0 20.0 35.0 50.0 0.2 N/A 35.0 30.0 30.0 N/A N/A N/A N/A N/A Setback (minimum distance between structure and property line in feet) Front Yard 20 20 0 0 0 30 0 0 0 0 0 0 10 0 10
Side Yard 10 (2) 5 (3) 5 5 5 15 0 0 0 10 10 0 10 10 10
Side Yard for Second
Story 15 12 10 5 5 15 0 0 0 10 10 0 10 10 10

Street Side Yard 15 (4)
10 (4) 10 10 10 20 0 10 10 10 10 0 10 0 10
Rear Yard 20 (4) 20
(4) 15 15(5)
15 (5) 30 0
15 (5)
15 (5) 15 (5) 15 (5) 0 10 10 10
Distance Between Buildings (minimum feet)
For Dwelling Purposes 6 6 6 6 0 6 0 0 0 0 0 N/A N/A N/A N/A Accessory Buildings (6) 6 6 3 3 3 6 6 6 6 6 6 6 6 6 6
Building Height (maximum feet)
Primary Buildings 35 35 35 35 50 35 50 50 50 50 50 35 35 40 35 Accessory Buildings 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Floor Area Ratio
(maximum ratio of building
to lot square footage)
N/A N/A N/A N/A N/A N/A 0.40 N/A N/A N/A N/A N/A N/A N/A N/A Notes:
(1) The approving authority may approve lots less than five (5) acres in size and reduced setbacks for clustering of units to preserve open space or other resources as part of comprehensive design review. (2) The combined side yard setbacks shall not be less than twenty (20) feet. (3) Within required side yards, at least one (1) side shall provide four (4) feet of unobstructed surface to allow unobstructed access between the front and rear yards.
(4) Listed setback distance or twenty percent (20%) of lot width in side yard and twenty percent (20%) of lot depth in rear yard, whichever is less.
(5) If abutting non-residential property, there is no minimum rear yard setback. (6) See additional development standards for accessory structures in Chapter17.30. (Ord. 2010-02 § 1 (part), 2010)

17.24.030 ADDITIONAL STANDARDS FOR MULTI-FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following development standards apply to multifamily residential development in the Medium Density Residential (R-2), High Density Residential (R-3), Very High Density Residential (R-4), and mixed use zoning districts including residential uses.

A. Open Space Requirements for Multi-Family Residential.

1. Multi-family, attached dwelling units that are all or partially located at ground level shall have not less than eighty (80) square feet of private open space.

2. Not less than twenty percent (20%) of the total lot area of multiple-family residential projects shall be provided as improved, private or semi-private useable open space and not less than three hundred (300) square feet of improved useable open space per dwelling unit shall be provided in each multi-family development project.

3. Not less than thirty percent (30%) of the total lot area of multiple-family residential projects shall be provided as improved, landscaped open space.

B. Screening and Vegetation for Multi-Family Residential. Projects within multi-family residential zoning districts shall include vegetative screening at the project perimeter to ensure the privacy of existing and future homeowners. The city shall determine the location and extent of vegetative screening required based on site conditions and surrounding existing and planned land uses. Where required, such vegetative screening shall be maintained in a healthy and vigorous condition.

Areas used as vegetative screening shall not be counted as open space. (Ord. 2010-02 § 1 (part), 2010)

17.24.040 OBJECTIVE DESIGN STANDARDS FOR SINGLE FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following objective development standards apply to applicable residential development in single family residential zoning districts.

A. Applicability

1. The project consists of constructing a primary dwelling unit, such as single family residence or a duplex, or modifying an existing structure to create a primary dwelling unit; and

2. The project is located in the Low Density Residential (LDR) or Single Family Residential (R-1) zoning district.

B. Design Standards

1. Units shall be designed with an entry feature or outdoor living area, such as a porch or courtyard, when located on a lot adjacent to the street, and include a path to the sidewalk/street.

2. Projects resulting in the creation of a two-story dwelling shall step back the second floor wall plane at least five (5) feet from the first floor wall plane on at least two sides. On corner lots, the second floor wall plane shall be stepped back at least five (5) feet from the first floor wall plane along street frontages.

3. Two-story designs shall provide visual separation between the two stories by incorporating projections, reliefs, accents, roof forms, decks, balconies, and/or variation in materials between the two stories.

4. Unit design shall minimize the appearance of long blank walls by including design features on each building face at intervals of no less than fifteen (15) feet. Such features may include changes in the wall plane, inclusion of different materials, windows, doors, openings, and/or architectural detailing.

5. Consistent materials and colors shall be applied for each type of architectural detail, including door trim, window trim, window sills, shutters, and fascia, when such architectural details are located in more than one location on the building facade. For example, when white, wood window trim is used at one location on the building, any window trim used at other locations shall be white, wood window trim.

6. Windows shall be offset so that they are not lined up with windows of adjoining structures, or windows shall include non-transparent glazing to obscure direct views into adjoining structures.

3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

Text updates following Planning Commission in highlight.

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.

17.70.010 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 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 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 single-family 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)

17.70.30 PERMIT REQUIREMENTS.

A. Application Review

1. All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) require review and approval through the plan check process, pursuant to the requirements of Section 17.12.030 (Plan Check). a. Applications for ADUs and JADUs shall be ministerially reviewed by the City within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lotcomplete application is submitted.
b. If the permit application to create an ADU or JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling. The application to create the ADU or JADU shall still be considered ministerially without discretionary review or a hearing.

B. All plan check applications for ADUs and JADUs shall include, but are not limited to, the following:

1. A completed building permit application;

2. Proof of ownership of the property or permission from the property owner;

3. SiteA plot plan showing the location of any and all easements, structures, parking for both the primary and accessory dwelling units, other improvements, and trees over four (4) inches in diameter;

4. Floor plan showing the square footage of the structure, the floor area, the lot, and the percentage of the lot area covered by the foundations of the accessory and primary dwelling units;

5. Elevations showing all sides of the ADU or changes being made to the single-family home in order to add an ADU or JADU;

6. Colors and materials board, or aesthetic details noted in plan sets;

7. Such other information which the Community Development Director determines is necessary to evaluate the proposed project.

8. Completed declaration of restrictions, including a notarized property owner signature on the form as

required in Section17.70.050, signed and ready for recordation.

89. Address assignment application for the proposed unit. 910. Permit applications required by the Public Works Department to serve the proposed unit, which may include but is not limited to sewer lateral and encroachment permits. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.040 PERFORMANCE STANDARDS.

An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall meet all of the applicable zoning regulations for the specific zoning district in which it is located, except as provided in this chapter. An ADU or JADU that conforms to the requirements of this chapter, and any other applicable development standards and regulations contained in Title 17 Zoning Code, shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use which is consistent with the existing general plan and zoning designations for the lot. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or JADU.:

Notwithstanding the following performance standards for ADUs and JADUs, and the requirements of the underlying zoning districts, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the class of ADUs and JADUs specified under Government Code Section 66323 and in accordance with the criteria and requirements provided therein.

A. Unit Types and FacilitiesDefinitions.

1. Accessory Dwelling Unit (ADU)
a. An ADU shall consist of complete independent living facilities including permanent facilities for sleeping, living, eating, cooking, and sanitation. The ADU shall include independent heating and cooling controls, its own kitchen and sink and standard built-in or freestanding appliances, its own bathroom with bathtub or shower, and a separate exterior entrance. b. The ADU may either be within an existing structure, attached to the primary dwelling, or detached from the primary dwelling.

2. Junior Accessory Dwelling Unit (JADU). A JADU shall consist of a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. ADUs and JADUS may not be sold separately from the primary residential dwelling on the lot.

C. Maximum Number of ADUs and JADUs. Any of the following shall be permitted in a residential or mixed-use zone:

1. One (1) ADU and one (1)or JADU per lot with a proposed or existing single-family dwelling.

2. One (1) detached, new construction, ADU that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The proposal may be combined with a JADU, for one (1) ADU and one (1) JADU on the single-family lot. The ADU shall not exceed eight hundred (800) square feet and sixteen (16) feet high.

23. Within existing multi-family dwelling structures, a number of ADUs based onat least one (1) ADU and not more than twenty-five percent (25%) of the number of existing multi-family dwelling units, with a minimum of one (1) ADU allowed, if all of the following apply:
a. The unit is within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. b. The unit complies with state building standards for dwellings.

34. Not more than two (2) ADUs Multiple ADUs, not to exceed either of the numbers established below, that are located on a lot that has an existing multi- family dwelling, but are detached from that multi-family dwelling and are subject to a height limits and of sixteen (16) feet and four (4) foot rear and side yard setbacks under this Chapter. a. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot; or
b. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

D. Development Standards and Requirements for Accessory Dwelling Units.

1. Maximum floor area for attached or detached ADUs.
a. Fifty percent (50%) of the existing living area of the primary dwelling unit, with a limit of eight hundred fifty (850) square feet for an ADU with one or fewer bedrooms or one thousand (1,000) square feet for an ADU with two (2) or more bedrooms.
b. Where fifty percent (50%) of the existing living area does not allow for an eight hundred (800) square foot ADU, an ADU of up to eight hundred (800) square feet may be allowed;

2. Setbacks.

a. New ADUs shall have a minimum setback of four (4) feet from the side and rear property lines, and setbacks shall be sufficient for fire and safety;
b3. No setback shall be required for an existing legal structure that is converted to an ADU; c4. Detached ADUs shall not be less than six (6)eight (8) 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; d. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

3. Height
a. Detach ADUs shall not exceed sixteen (16) feet in height, unless the ADU is located within an existing structure. i. The maximum allowable height shall be eighteen (18) feet if the lot is within a half-mile walking distance of a transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code;
ii. The maximum allowable height shall be eighteen (18) feet if the detached ADU is located on a lot with a multistory, multifamily building.
b. Attached ADUs shall not exceed the maximum allowable height of the zoning district;.

4. Exterior Access and Design.
a. The ADU shall have its own exterior access, and no.
b. Any exterior stairs to a second story attached ADU shall be located behind the residence. If location behind the residence is not possible due to site constraints, the project shall include at least one of the following features to obscure visibility shall be visible from the public right-of-way; incorporate screening into the architectural design; addition of trees or landscaping as screening; and/or use of colors on the stairway that match those used on the structure where the stairs are attached to minimize contrasts. c. Attached ADUs shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.
d. No passageway shall be required in conjunction with the construction of an ADU. A passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.;

5. Location. 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;.

6. The ADU should be compatible with the primary dwelling unit, and should use similar style, materials, and colors;

7. No passageway shall be required in conjunction with the construction of an ADU;

8. If ADUs are rented, rental must be for terms longer than thirty (30) days; and

9. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

6. Rentals. Any rental of ADUs must be for terms longer than thirty (30) days.

E. Development Standards and Requirements for Junior Accessory Dwelling Units.

1. The JADU shall be constructed within the walls of the proposed or existing single-family residence and shall not exceed five hundred (500) square feet.

2. The owner shall occupy the primary residence or JADU.

3. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

4. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

5. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Modifications to the exterior of the residence in order accommodate a proposed JADU shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the

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 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 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 lot split 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. 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

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

project meets state requirements for transit
service for the development type proposed
and State provision used.

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 17.48.100.B.1 and 17.48.100.B.2 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)

CITY COUNCIL
REPORT 10.A.

DATE: MARCH 4, 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: FIRST READ OF A PINOLE MUNICIPAL CODE AMENDMENT RELATED TO (A) HOUSING ELEMENT PROGRAMS NO. 4, 5, 12, AND 13, FOCUSING ON

ACCESSORY DWELLING UNITS (ADUS), JUNIOR ACCESSORY DWELLING

UNITS (JADUS), AND UNIT AND LOT SPLIT PROJECTS PROPOSED UNDER SENATE BILL 9 (SB 9) AND REGULATORY CONSISTENCY; (B) HOUSING ELEMENT PROGRAM NO. 4, TO ESTABLISH AN ACCESSORY DWELLING UNIT AMNESTY PROGRAM; AND (C) HOUSING ELEMENT
PROGRAMS NO. 5-9, 10, 12, AND 15, FOCUSING ON PARKING

STANDARDS, AFFORDABLE HOUSING REQUIREMENTS, AND
ADMINISTRATIVE REVIEW PROCESSES.

RECOMMENDATION
Conduct a first read and consider adoption of an ordinance (Attachment A) consisting of the Municipal Code Amendments (Attachment B) related to Housing Element Programs and schedule second read and adoption for March 18, 2025.

BACKGROUND
The 2023-2031 Housing Element contains programs identifying amendments to the Municipal Code to implement the Housing Element. The Housing Element identifies certain provisions in the existing zoning ordinance that need to be updated to be consistent with current text and regulatory procedures in State law related to housing legislation. Although the City abides by requirements under State and federal law where there are inconsistencies and provides information about current regulations when inquiries are received, proposed revisions to the municipal code and City policy documents would minimize potential confusion and provide greater clarity on requirements. Additionally, the adoption of proposed revisions would further the implementation of the Housing Element programs.

The City Council previously reviewed the first set of Municipal Code Amendments related to Housing Element Program Implementation on November 19, 2024. The Municipal Code Amendments presented under this item contain the final sets of amendments (listed below as Amendment Sets "A," "B," and "C"), which include the following and implement various programs from the City of Pinole 2023-2031 Housing Element:

Amendment Set A: Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) (Housing Element Programs 4, 5, 12, and 13)

Attachment C

Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
Amendment Set C: Parking standards, affordable housing requirements, and administrative review processes (Housing Element Program 5-9, 10, 12 and 15) General zoning regulations are found in Title 17, Zoning of the Pinole Municipal Code (i.e., Zoning Code), where most regulations related to land use and zoning standards are contained.

Most revisions identified in the Housing Element programs relate to this portion of the Municipal Code.

Amendment Set A: Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) (Housing Element Programs 4, 5, 12, and 13) This set of proposed amendments, reviewed by the Planning Commission on December 9, 2024, consists of amendments to sections of the Municipal Code regarding ADUs and JADUs, SB 9 projects and the design guidelines for single-family residential development.

ADU and JADU Projects
The Zoning Code sets standards and requirements for ADUs and JADUs under Chapter

17.70. Local ADU and JADU regulations must comply with California Government Code Sections 66310 to 66342, which establish State standards for these units. Recent State updates have prioritized increasing ADU and JADU production. The proposed amendments to Chapter 17.70 align local ADU requirements with current State law and implement Housing Element Program 4: Facilitate ADU Production.

SB 9 Projects
SB 9, adopted in 2021 and later amended by SB 450 in 2024, established ministerial approval processes for lot splits and unit development in single-family residential zoning districts. These changes, codified under California Government Code Sections 65852.21 and 66411.7, enable the creation of up to two primary dwelling units on a single-family residential parcel and/or the division of one lot into two. State law standards supersede local zoning where conflicts arise, enhancing feasibility for these projects.

Ministerial review limits evaluation to objective standards, excluding subjective guidelines or discretionary decisions. Currently, the City lacks a dedicated Zoning Code chapter for SB 9 projects, relying instead on direct implementation of State law. The proposed amendments will establish a new Zoning Code chapter specifically addressing SB 9 standards and processes, providing greater clarity and consistency for local implementation.

Design Guidelines for Single-Family Residential Development The City of Pinole Residential Design Criteria and Guidelines, adopted in 2007, contains

subjective guidelines for evaluating single-family residential development. However, SB 9 projects must be reviewed solely against objective standards, rendering subjective design guidelines inapplicable for these proposals. The proposed amendments ensure alignment with this requirement.

Planning Commission Review
The Planning Commission held a public hearing on December 9, 2024 to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

Further Revisions
The amendments in Set A were originally scheduled and noticed for City Council review at the January 21, 2025 meeting. On January 21, prior to the scheduled meeting, staff received a letter from the California Housing Defense Fund (CalHDF) expressing concerns that the proposed Accessory Dwelling Unit (ADU) ordinance (Chapter 17.70) may not fully comply with state law in certain aspects. The letter further recommended that the City address these issues before moving forward with adoption (Attachment D).

In response, the item was removed from the January 21 agenda to allow additional time for a thorough evaluation of the comments and consideration of potential revisions.

Staff has made additional revisions to the proposed Chapter 17.70, with changes highlighted in Attachment B. These revisions include incorporating references to Government Code Section 66323 to clarify categories of ADU/JADUs established by state law that qualify for ministerial approval, provided they meet specified criteria.

Additionally, language stating that detached ADUs must 'appear secondary in nature' has been removed, as it could be interpreted as a subjective restriction on ADU development.

On February 24, 2025, staff shared the draft revisions with the California Housing Defense Fund (CalHDF), which expressed appreciation for the updates related to Section 66323. CalHDF also recommended clarifying that Section 66323 applies to both ADUs and JADUs and suggested removing deed restriction requirements. The deed restrictions in question—(1) prohibiting the separate sale of an ADU or JADU from the primary residential unit, (2) requiring that ADUs be rented for terms longer than 30 days, and (3) mandating that an owner occupy either the primary residence or JADU if a JADU exists on the property—are already codified in state law and local ordinance. Requiring homeowners to go through a separate deed restriction process would therefore be redundant.

Staff found these recommendations reasonable and has incorporated them into the proposed municipal code amendments, as detailed in the Review and Analysis section.

The revised ordinance reflects all recommended changes from CalHDF (Attachment B).

Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
The second set of amendments, reviewed by the Planning Commission on February 24, 2025, concerns the ADU/JADU Amnesty Program as described in Housing Element Program 4. The program is an essential strategy to ensure safe and adequate housing in Pinole by allowing unpermitted ADUs and JADUs to be recognized as legal housing without the risk of code enforcement actions. It includes significant fee reductions and provides assistance to property owners in determining necessary improvements to achieve compliance.

Adoption of the Amnesty Program reinforces the City’s commitment to addressing housing needs and improving safety. The Program aligns with California Assembly Bill (AB) 2533 and supports the City’s Housing Element Program 4: ADU Amnesty Program. This initiative is a vital component of the City’s strategy to ensure safe and adequate housing by providing a pathway for legalizing unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Key Provisions of AB 2533:

1. Eligibility Extension: Applies to units constructed before January 1, 2020.

2. Health and Safety Focus: Limits enforcement to violations that pose risks under Health and Safety Code §17920.3.

3. Amnesty Pathway: Requires local jurisdictions to offer programs that include public notification, optional third-party inspections, and reduced penalties.

4. Enforcement Delay Option: Grants up to five years for property owners to address code violations for eligible units.

Planning Commission Review
The Planning Commission held a public hearing on February 24, 2025 to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

Amendment Set C. Parking standards, affordable housing requirements, and administrative review processes. (Housing Element Program 5-9, 10, 12 and 15)
The final set of proposed amendments, reviewed by the Planning Commission on January 27, 2025, addresses several outstanding Housing Element program items. These include the reduction of minimum parking requirements, modifications to parking standards, enhancements to affordable housing incentives, and streamlining the review process for certain permits, such as lot consolidation and parking reductions/shared parking. Additionally, revisions have been incorporated into modified chapters to clarify requirements, reduce ambiguities, and improve the internal consistency of the Zoning Code Planning Commission

The Planning Commission held a public hearing on January 27, 2025, to consider the proposed amendments and recommended that the City Council consider the adoption of the amendments (Attachment E).

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

These revisions address Housing Element Programs 4, 5-9, 10, 12, 13, and 15, with the relevant program text and portions impacted by the revisions highlighted in Attachment C.

The target timeline for completing all revisions is within two years of the Housing Element’s adoption, by April 2025.

Proposed revisions are summarized below:

Amendment Set A: Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9) (Housing Element Programs 4, 5, 12, and 13) Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Revisions to Existing Chapter]

1. Updates to the existing chapter to align with recent changes in State law.

2. Throughout the chapter, revised text to incorporate recent State law updates for ADUs and to provide greater clarity.

3. In 17.70.040(H), established an “Operations” section to consolidate requirements for ADU use, previously located in the Declaration of Restrictions section.

4. In 17.70.040(H), clarified details on mandated allowances for separate sales and conveyances of ADUs developed by qualified nonprofit corporation, as permitted under State law. Jurisdictions may adopt a local ordinance allowing separate sales and conveyances more generally through new provisions in Government Code 66342, but this is not a requirement and has not been included as a part of these update.

5. In 17.70.040(D), updated primary building setback distance numbers to align with standards for accessory structures.

6. In 17.70.040(D), revised exterior stair visibility requirements for improved clarity.

7. In 17.70.040(D), replacement of subjective design language with objective standards, specifying colors and materials for attached ADUs.

8. In 17.70.040, added reference to Government Code Section 66323 for categories of ADUs and JADUs under State law that require building permit issuance where certain criteria and requirements under State law are met. Removed language about detached ADUs appearing "secondary in nature".

9. Removed existing 17.70.050 Declaration of Restrictions.

Chapter 17.71 SB 9 Urban Lot Split and Unit Development [Addition of a New Chapter]

1. Introduction of a new chapter to incorporate SB 9 provisions based on State law.

2. Explanation of the permit process for SB 9 projects.

3. Clarification of “single-family residential zoning” as LDR and R-1 zones in Pinole, referencing their classification under Chapter 17.18.020, allowance for single-family residential

in Chapter 17.20.020, and exclusion of multifamily residential.

4. Addition of front and structural setback distance requirements, drawing from existing standards in the Zoning Code for LDR and R-1 zones. A qualifier specifies these standards apply unless they physically preclude the units, consistent with SB 9.

5. Specification of a ministerial-only tree removal permit process for SB 9 projects.

6. Inclusion of references to new objective design standards, proposed for addition to Chapter 17.24.

Section 17.12.150 Comprehensive Design Review [Revisions to Existing Chapter]

1. In 17.12.150(C), clarified JADUs, like ADUs, are exempt from Comprehensive Design Review.

2. In 17.12.150(C), removed square footage text in the addition exception, as Administrative Design Review under 17.12.080 applies to all single-family additions regardless of size (e.g., less than or greater than 500 square feet). This edit reduces ambiguity and enhances consistency within the Zoning Code.

3. In 17.12.150(B) and (C), included references to SB 9 units to ensure alignment with updated standards.

Section 17.24.040 Objective Design Standards for Single Family Districts [Revisions to Existing Chapter]

1. In new section 17.24.040, incorporated objective design standards based on existing subjective Residential Design Criteria and Guidelines for single-family residential districts.

Since subjective guidelines can no longer be applied to ministerial reviews under SB 9, guidelines that could be converted to objective standards are proposed to maintain the intent of the original guidelines. Objective standards for SB 9 projects must be uniformly applicable to the underlying zoning district. To address this, a section for objective design standards for single-family residential districts was added to Chapter 17.24: Development Standards by Zoning District.

2. Presentation of objective design standards for consideration. While establishing these standards based on Residential Design Criteria and Guidelines is not mandatory, their inclusion would ensure alignment with existing design principles. If these standards are not adopted, SB 9 unit development would rely solely on the objective standards outlined in the new Chapter 17.71 and other applicable sections of the Zoning Code.

Amendment Set B: Accessory Dwelling Unit Amnesty Program (Housing Element Program 4)
The draft ordinance in Attachment B, to establish an Amnesty program for ADUs and JADUs, complies with state law, provides a structured framework for the legalization of unpermitted ADUs and JADUs in Pinole and aligns with both state law and Pinole’s housing goals by limiting amnesty eligibility to units built and occupied before January 1, 2020. Under the revised state law, the City cannot deny a permit for an unpermitted ADU or JADU constructed before January 1, 2020, based upon a determination that the ADU or JADU is in violation of state or local building standards that apply to ADUs and/or JADUs, unless the City makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard as defined by Health and Safety Code Section 17920.3.

To prioritize public safety, enforcement delays are only granted when a violation does not pose

a risk to public health and safety, as defined under Health and Safety Code §17920.3. For example, a ceiling height slightly below the local building code requirement (e.g., 7 feet instead of 7 feet 6 inches) may not necessitate immediate correction if it does not affect structural integrity, habitability, or safety. In contrast, violations such as faulty wiring, inadequate fire egress, or unsafe plumbing require immediate correction, as they present direct threats to health and safety.

To assist homeowners, the program provides support, including a self-assessment checklist, online resources, confidential consultations, and notification of optional third-party inspections to help property owners address potential issues before submitting an application. By doing so, it also advances the City’s Housing Element goals of promoting safe, legal, and affordable housing options. A draft checklist is being prepared and will be maintained by the Building Official, with an example provided in Attachment G. The Building Official will have the discretion to amend the checklist as needed. Additionally, in alignment with standard Public Works requirements, property owners applying for ADU Amnesty must demonstrate compliance with the City’s sewer lateral inspection program, as outlined in Pinole Municipal Code Chapter 13.30.

The ordinance introduces specific features designed to simplify and encourage participation.

The Amnesty Permit includes two City inspections to assess compliance with health and safety standards. If corrections are needed, owners will receive clear guidance on the required improvements and must file permits (if required) to complete these upgrades. Additionally, enforcement delays of up to five years will be offered to allow non-compliant units time to meet standards without facing immediate penalties or displacement, although delays will be revoked if additional violations occur. To further support compliance, the City will provide free consultations, online tools, and a detailed checklist to guide property owners through the process.

The program’s implementation is structured to ensure broad accessibility and understanding.

Public outreach will inform residents of their rights and program benefits, including the availability of pre-application third-party inspections and enforcement delay options. To participate, property owners must provide documentation proving construction and occupancy, such as utility bills or rental agreements, along with site and floor plans. Applications will be accepted until January 1, 2030, and all enforcement delays will conclude by January 1, 2035.

New state housing laws concerning ADU amnesty (AB 2533) took effect on January 1, 2025.

Any application submitted before the effective date of this proposed ordinance update will be processed in compliance with the effective date of State law.

By legalizing unpermitted units, the program brings substantial benefits to the City and its residents. It increases the availability of affordable housing by incorporating previously unpermitted units into the City’s housing inventory. It enhances safety by ensuring compliance with health and safety standards, reducing risks to occupants and neighbors. Furthermore, it encourages voluntary compliance, minimizing the need for costly enforcement actions and fostering collaboration between the City and property owners.

ADU/JADU Amnesty Program Process
The following provides a step-by-step guide to the draft Ordinance’s requirements.

Step 1: Owner Determines Eligibility
• Verify Construction Date: The unpermitted ADU/JADU must have been constructed before January 1, 2020.
• Confirm Use and Safety Standards: The unit must currently function as a dwelling (e.g., includes a kitchen, bathroom, and sleeping area) and must not pose a risk to public health or safety as defined by Health and Safety Code §17920.3.

Step 2: Owner conducts Self-Assessment
• Complete the Self-Assessment Checklist to evaluate eligibility and identify potential health and safety concerns. The checklist helps owners determine whether the unit meets program criteria before submitting an application to the City.

Step 3: Optional Third-Party Inspection
• Property owners may independently hire a licensed contractor or inspector to perform a confidential, third-party inspection of the unit. The report can help address potential issues before submitting an application.

Step 4: Request a Free Consultation
• Schedule a confidential meeting with City staff in the Planning Division to review eligibility, gather program information, and receive guidance on the application process.

Step 5: Submit an Application
• Complete the Amnesty Permit Application and provide required documentation, including:
o Proof of construction and occupancy (e.g., utility bills, rental contracts, or notarized affidavits).
o Site plan showing the unit's location on the property. o Floor plan of the unit with dimensions, entrances, and windows. • Pay the administrative fees as established by the City Council.

Step 6: City Inspections
• The Amnesty Permit includes two inspections by a City Building Inspector:
o Inspection 1: An initial review of the unit to identify health and safety violations. o Inspection 2: A follow-up inspection after corrections have been completed, if necessary.
o Additional inspections are available at the City’s hourly inspection rate.

Step 7: Address Violations (If Applicable)
• If corrections are needed to meet health and safety standards:
o File appropriate building permits with the City.
o Complete required improvements under the guidance of City staff.

Step 8: Enforcement Delay (If Requested)
• If additional time is needed to complete corrections:
o Submit a Request for Enforcement Delay for up to five years. o The City will grant delays only if violations do not pose immediate health or safety risks.

Step 9: Final Approval
• Once all requirements are met, the unit will be granted amnesty and deemed compliant with applicable City and state standards.

Step 10: Program Deadlines
• Applications must be submitted by January 1, 2030.
• All enforcement delays will end by January 1, 2035.

In conclusion, the draft ADU/JADU Amnesty Program is a vital initiative that aligns with state law and the City’s Housing Element Program 4. It ensures safe, legal housing while supporting the City’s broader goals of affordability and community well-being.

Amendment Set C. Parking standards, affordable housing requirements, and administrative review processes (Housing Element Program 5-9, 10, 12 and 15)
Chapter 17.10. General Application Processing Procedure [Revisions to Existing Chapter]

1. In Table 17.10.060-1, added the lot consolidation permit type and set approval at the Community Development Director level for ministerial review. Codifies and clarifies existing procedure for lot consolidation, and addresses Housing Element programs (Programs 8 and 15).

2. In Table 17.10.060-1, added ADU/JADU and SB9 project review bodies as a clarification in this table reflecting existing procedures described in other Zoning Code chapters.

3. In Table 17.10.060-1, corrected Community Development Director approval role in Administrative Design Review and Temporary Use Permit by striking out “ZA” (Zoning Administrator). The Zoning Administrator is not required for these types and the Community Development Director may provide final approval, as described in the more detailed review procedures for the respective permit types in Chapter 17.12 Entitlements.

Chapter 17.32. Affordable Housing Requirements [Revisions to Existing Chapter]

1. In 17.32.020(A), revised wording to provide clarification and additional detail explaining the existing affordable housing requirements.

2. In 17.32.020(B), added language clarifying that the applicability of affordable housing to residential subdivisions resulting in the eventual development of four units does not necessarily apply to SB9 projects. An exemption is added for SB 9 projects as the original text assumed four lot residential subdivisions.

3. In 17.32.020(B), added the option for an agreement to develop affordable housing as another method to provide alternative methods of compliance.

4. In 17.32.020(E), added reference to relevant definitions contained in state law.

5. In Table 17.32.020-1, revised wording to clarify existing affordability requirements.

6. In 17.32.040(B), revised the granting of design modification incentives from “City Council” to the “approval authority of the project”. Added reference to Chapter 17.38 Density Bonus and State Density Bonus Law for density bonus projects. In general, density bonus projects are lowered from City Council to Planning Commission per Housing Element programs and modification of approval authority language to be “approval authority of the project” minimizes potential for inconsistencies (Program 15).

7. In 17.32.040(B), added a waiver of park impact fees for additional affordable units provided above and beyond the minimum 15% inclusionary requirement as specified in Housing Element programs(Programs 6, 8, and 9).

8. In 17.32.050, added new language to create objective standards for ensuring affordable units are the same size and quality as market rate units.

9. In 17.32.050, changed the approval of affordable housing agreements from City Council to City Manager. Approval of an affordable housing project would have been considered by the approval authority of the project, and the preparation and signing of the affordable housing agreement can be processed as an administrative task. The modification is consistent with the Housing Element program to expedite the permitting and review process through reducing the necessary levels of approval (Program 15).

10. In 17.32.060(B) and 17.32.090, changed the approval authority for “Alternative Methods of Compliance” and “Adjustments” from Planning Commission (or City Council) to the “approving authority of the project.” This minimizes potential inconsistencies with review processes described in other Zoning Code chapters.

11. In 17.32.070(C), added language to require a preference be given to households that live or work in Pinole when selecting tenants for affordable units.

Chapter 17.48. Parking and Loading Requirements [Revisions to Existing Chapter]

1. In 17.48.040(B), revised the loading berth standards text so that the text instead references the existing Zoning Code section, which contains more detailed requirements and standards.

2. In 17.48.040(B), resolved ambiguity in parking space and aisle dimension requirements between the standards in the existing figure and the text description by removing the brief text description and referencing the figure, which contains more details.

3. In 17.48.040(B), added a provision to clarify how proposed modifications to aisle width requirements can be considered. The City Engineer and Fire Department will evaluate and consider applicable standards and requirements related to maintaining safety and access.

4. In Table 17.48.050-1, modified multifamily residential minimum parking requirements to line up with general parking requirements otherwise applicable to multifamily residential density bonus projects under State Density Bonus Law (Government Code Section 65915(p)(1)). Reduction of parking standards addresses Housing Element programs (Program 12).

5. Multifamily residential parking per Studio unit stays the same at 1 space but guest parking requirements are removed (Program 12).

6. Multifamily residential parking per 1-bedroom unit reduced from 1.5 spaces to 1 space per unit. The guest parking requirement is removed (Program 12).

7. Multifamily residential parking per 2-3 bedroom unit reduced from 2 spaces to 1.5 spaces.

The guest parking requirement is removed (Program 12).

8. Multifamily residential parking per 4+ bedroom unit stays the same as the minimum spaces would be less restrictive State Law, which is 2.5 units per dwelling. Th guest parking requirement is removed (Program 12).

9. Removed covered parking requirement, which implements an option to remove parking constraints per Housing Element programs (Program 12).

10. Removed guest parking requirement, which implements an option to remove parking constraints per Housing Element programs (Program 12).

11. In Table 17.48.050-1, revised minimum senior unit parking requirement to 1 space per unit regardless of bedrooms (previously 1 space or 2 spaces depending on the number of bedrooms). The revision is based on minimum parking standards for senior units under State Density Bonus standards when providing affordable units. Included a parking waiver derived from State Density Bonus standards for senior housing (GC 65915(p)(3)(b)), which addresses the Housing Element program to reduce parking for senior housing (Program 10).

12. In Table 17.48.050-1, updated formatting and text for single family dwelling units.

13. In Table 17.48.050-1, added reference to Chapter 17.71 (proposed in the second set of Zoning Code amendments) for parking standards specific to SB 9 projects (Program 12).

14. In 17.48.060(A) and (B), changed the permit type of shared parking and reduced parking applications from Conditional Use Permits to Administrative Use Permits, as specified in Housing Element programs (Program 12).

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

ATTACHMENTS
A. Ordinance
B. Municipal Code Amendments - Compiled
C. Housing Element Programs Associated with Revisions
D. CalHDF letter 1.21.25
E. PC Staff Report and Resolutions
F. ADU Amnesty Checklist Example

1 ORDINANCE NO. XXXX-XX
AN ORDINANCE OF THE CITY OF PINOLE AMENDING CHAPTERS 17.10, 17.12, 17.24, 17.32,

17.48, AND 17.70 OF THE PINOLE MUNICIPAL CODE AND ADDING CHAPTER 17.71 TO THE

PINOLE MUNICIPAL CODE
WHEREAS, Pinole Municipal Code (“PMC”) Title 17 Zoning Code establishes general regulations on land uses and development standards within the City; and WHEREAS, the City of Pinole 2023-2031 Housing Element contains programs identifying various zoning ordinance amendments; and
WHEREAS, implementation of Housing Element programs requires amendments revising text in the PMC; and
WHEREAS, amendments to the municipal code are required for accessory dwelling unit and junior accessory dwelling unit regulations to reflect current State Law for these units under California Government Code Sections 66310 to 66342; and
WHEREAS, amendments to the municipal code are required to incorporate regulations and procedures for urban lot splits and unit development proposed under Senate Bill 9 (SB9) and reflect the provisions of California Government Code Sections Section 65852.21 and 66411.7; and WHEREAS, the City of Pinole Residential Design Criteria and Guidelines, adopted November 20, 2007, contains subjective guidelines for review of single family residential development; and WHEREAS, a ministerial review process is required for the review of unit development proposed under SB 9 and subjective guidelines cannot be used to approve projects; and WHEREAS, it is desirable to maintain aspects of the Residential Design Criteria and Guidelines by creating objective design standards based on subjective guidelines where possible; and WHEREAS, objective standards would apply uniformly to the underlying single family residential districts, which include R-1 and LDR, and thereby would be applicable to SB 9 unit development projects; and
WHEREAS, amendments related to ADUs, JADUs, SB 9 projects, and objective design standards, including regulatory consistency and clarifications, are made to Chapters 17.12, 17.24, and

17.70 and Chapter 17.71 is created as a new chapter; and WHEREAS, amendments to the municipal code are made to PMC Chapters 17.10, 17.32, and

17.48 regarding parking, affordable housing, general application processing to implement Housing

ATTACHMENT A

2 Element programs and to clarify requirements, reduce ambiguities, and improve internal consistency of the Zoning Code; and
WHEREAS, the proposed revisions to amend the Zoning Code are attached hereto as Attachment B; and
WHEREAS, the State laws concerning ADU amnesty (AB 2533) took effect on January 1, 2025; and
WHEREAS, the City proposed the establishment of an ADU Amnesty Program and amendments to Chapter 17.70 to implement the requirements under State law to provide a path to legalize previously unpermitted ADUs pursuant to State law requirements; and WHEREAS, the Planning Commission held duly noticed public hearings related to the proposed Zoning Code amendment on December 9, 2024, January 27, 2025, and February 24, 2025; and WHEREAS, the Planning Commission recommended adoption of the proposed amendments; and
WHEREAS, the City Council held a duly noticed public hearing related to the proposed Zoning Code amendment on March 4, 2025; and
WHEREAS, after close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by city staff, the staff report, and all other pertinent documents regarding the proposed amendments; and NOW THEREFORE, BE IT RESOLVED, pursuant to the findings stated herein, that the City Council of the City of Pinole does ordain as follows:

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

Section 2. Amendment of Municipal Code and Specific Plan. The Pinole Municipal Code is hereby amended with amendments to Chapters 17.10, 17.12, 17.24, 17.32, 17.48, and 17.70 of the Pinole Municipal Code and addition of Chapter 17.71, as set forth in Attachment B, attached hereto and incorporated herein.

Section 3. CEQA. Pursuant to Title 14 of the California Administrative Code, the City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons under Section 15061 (b)(3), it is not a project which has the potential for causing a significant effect on the environment;
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby

3 declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

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

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on March 4, 2025, the City Council passed this ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on March 4, 2025.
__________________
Cameron Sasai, Mayor
ATTEST:
______________________________
Heather Bell, City Clerk
APPROVED AS TO FORM:
______________________________
Eric S. Casher, City Attorney

ATTACHMENT B. MUNICIPAL CODE AMENDMENTS
SET A. Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and unit and lot split projects proposed under Senate Bill 9 (SB 9)

1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]

2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]

3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]

4. Pinole Municipal Code Chapter 17.71 SB9 Urban Lot Split and Unit Development [New Chapter]
SET B. Accessory Dwelling Unit Amnesty Program

5. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
SET C. Parking standards, affordable housing requirements, and administrative review processes.

6. Pinole Municipal Code Chapter 17.10 General Application Processing Procedure [Amendment]

7. Pinole Municipal Code Chapter 17.32 Affordable Housing Requirements [Amendment]

8. Pinole Municipal Code Chapter 17.48 Parking and Loading Requirements [Amendment]

1. Pinole Municipal Code Section 17.12.150 Comprehensive Design Review [Amendment]
Section 17.12.150 included (excerpt of Chapter 17.12 Entitlements).

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

17.12.150 COMPREHENSIVE DESIGN REVIEW.

A. Purpose. The purpose of comprehensive design review is to provide a process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. This comprehensive design review is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses, or multi-family residential development will constitute suitable development and will not result in a detriment to the City of Pinole or to the environment.

B. Applicability. A comprehensive design review permit is required for the following items:

1. New single-family and multi-family residential development, except for unit development under Government Code section 65852.21, as amended and renumbered from time to time (also known as SB 9);

2. New non-residential development (e.g., commercial, office, industrial, public/quasi-public);

3. Additions to existing multi-family and non-residential structures equal to or greater than 500 square feet; and

4. Any item not listed in Section17.12.150.C, for which the Community Development Director determines that a comprehensive design review permit is required.

C. Exemptions. The following structures and activities are exempt from comprehensive design review. However, such structures may require additional permits, such as a building permit, and plan check to ensure compliance with adopted Building Code and related construction code standards and applicable Zoning Code provisions and public works encroachment permits.

1. Accessory dwelling units and junior accessory dwelling units, regardless of size.

2. Additions to a single-family home of less than 500 square feet when consistent with the City of Pinole Residential Design Criteria and Guidelines.

3. Additions to multi-family and non-residential structures less than five hundred (500) square feet in size.

4. Accessory structures consistent with the provisions of this title.

5. Installation of signs.

6. Repairs and maintenance to the site or existing structures that do not add to, enlarge, or expand the area occupied by the structure or the gross floor area of the structure.

7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure (e.g., tenant improvements).

8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).

9. Alteration or maintenance of public park and recreation facilities.

10. Unit development under SB 9 (Government Code section 65852.21).

D. Approving Authority. The designated approving authority for comprehensive design review is the Planning Commission. Comprehensive design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance). Comprehensive actions include, but are not limited to, new construction and wholesale redevelopment of existing sites.

E. Application Content. The application for a comprehensive design review shall be on a form prepared as prescribed by the Community Development Director.

F. Public Hearing/Notice. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal of an application for a comprehensive design review in accordance with Section 17.10.050 (Public Hearing and Public Notice).

G. Approval Findings. A comprehensive design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:

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

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

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

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

A. Considerations. In conducting comprehensive design review, the designated approving authority shall consider the following:

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

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

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

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

B. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for comprehensive design review to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

C. Permit Issuance. The final action on comprehensive design review by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).

D. Appeals. Appeal of the approving authority's action on the request for a comprehensive design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).

E. Expiration. All approved comprehensive design review permits are subject to the provisions set forth in Section

17.10.100 (Permit Time Limits, Extensions and Expiration). (Ord. 2020-01, § 3, 2020: Ord. 2012-07, § 3, 2012: Ord. 2010-02 § 1 (part), 2010)

2. Pinole Municipal Code Chapter 17.24 Development Standards by Zoning District [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

CHAPTER 17.24

DEVELOPMENT STANDARDS BY ZONING DISTRICT
Sections:

17.24.010 Purpose.

17.24.020 Development standards.

17.24.030 Additional standards for multi-family zoning districts.

17.24.040 Objective design standards for single family zoning districts.

17.24.010 PURPOSE.

The purpose of this chapter is to establish development standards for lot area, allowed density, building setbacks, height, and lot coverage as appropriate for each of the city's base zoning districts as listed in Table 17.18.020-1 (Zoning Districts).

These standards, along with other development standards (e.g., fences and walls, parking, sign standards) listed in Article III (Site Planning Standards) are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. (Ord. 2010-02 § 1 (part), 2010)

17.24.020 DEVELOPMENT STANDARDS.

Table 17.24.020-1 (Development Standards for City of Pinole Base Zoning Districts) includes lot area, allowed density, building setbacks, height, and lot coverage requirements for each of the city's base zoning districts. Additional site planning requirements (e.g., landscaping, lighting) are listed in Article III (Site Planning Standards). Development within the city is also subject to compliance with all adopted Uniform Building and Fire Codes. Qualifying single family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines. Zoning district names for the zoning district symbols used in the table are as follows:

LDR = Low Density Residential Zoning District
R-1 = Suburban Residential Zoning District
R-2 = Medium Density Zoning District
R-3 = High Density Zoning District
R-4 = Very High Density Zoning District
R = Rural Zoning District
RC = Regional Commercial Zoning District
RMU = Residential Mixed Use Zoning District
CMU = Commercial Mixed Use Zoning District
OPMU = Office Professional Mixed Use Zoning District
OIMU = Office Industrial Mixed Use Zoning District
OS = Open Space Zoning District
PR = Parks and Recreation Zoning District
PQI = Public Quasi-Public Institutional Zoning District SPBCA = San Pablo Bay Conservation Zoning District
TABLE 17.24.020-1:

DEVELOPMENT STANDARDS FOR CITY OF PINOLE BASE ZONING DISTRICTS Development
Standard\Zoning District LDR R-1 R-2 R-3 R-4 R RC RMU CMU OPMU OIMU OS PR PQI SPBCA Lot Area ( minimum square
footage/unit) 43,560 6,000 3,000 1,500 N/A 5 ac.(1) 5,000 N/A N/A N/A N/A N/A N/A N/A N/A Allowed Density (units per acre)
Minimum Density 0.21 1.1 10.1 20.1 35.1 N/A N/A 20.1 20.1 20.1 N/A N/A N/A N/A N/A Maximum Density 1.0 10.0 20.0 35.0 50.0 0.2 N/A 35.0 30.0 30.0 N/A N/A N/A N/A N/A Setback (minimum distance between structure and property line in feet) Front Yard 20 20 0 0 0 30 0 0 0 0 0 0 10 0 10
Side Yard 10 (2) 5 (3) 5 5 5 15 0 0 0 10 10 0 10 10 10
Side Yard for Second
Story 15 12 10 5 5 15 0 0 0 10 10 0 10 10 10

Street Side Yard 15 (4)
10 (4) 10 10 10 20 0 10 10 10 10 0 10 0 10
Rear Yard 20 (4) 20
(4) 15 15(5)
15 (5) 30 0
15 (5)
15 (5) 15 (5) 15 (5) 0 10 10 10
Distance Between Buildings (minimum feet)
For Dwelling Purposes 6 6 6 6 0 6 0 0 0 0 0 N/A N/A N/A N/A Accessory Buildings (6) 6 6 3 3 3 6 6 6 6 6 6 6 6 6 6
Building Height (maximum feet)
Primary Buildings 35 35 35 35 50 35 50 50 50 50 50 35 35 40 35 Accessory Buildings 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Floor Area Ratio
(maximum ratio of building
to lot square footage)
N/A N/A N/A N/A N/A N/A 0.40 N/A N/A N/A N/A N/A N/A N/A N/A Notes:
(1) The approving authority may approve lots less than five (5) acres in size and reduced setbacks for clustering of units to preserve open space or other resources as part of comprehensive design review. (2) The combined side yard setbacks shall not be less than twenty (20) feet. (3) Within required side yards, at least one (1) side shall provide four (4) feet of unobstructed surface to allow unobstructed access between the front and rear yards.
(4) Listed setback distance or twenty percent (20%) of lot width in side yard and twenty percent (20%) of lot depth in rear yard, whichever is less.
(5) If abutting non-residential property, there is no minimum rear yard setback. (6) See additional development standards for accessory structures in Chapter17.30. (Ord. 2010-02 § 1 (part), 2010)

17.24.030 ADDITIONAL STANDARDS FOR MULTI-FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following development standards apply to multifamily residential development in the Medium Density Residential (R-2), High Density Residential (R-3), Very High Density Residential (R-4), and mixed use zoning districts including residential uses.

A. Open Space Requirements for Multi-Family Residential.

1. Multi-family, attached dwelling units that are all or partially located at ground level shall have not less than eighty (80) square feet of private open space.

2. Not less than twenty percent (20%) of the total lot area of multiple-family residential projects shall be provided as improved, private or semi-private useable open space and not less than three hundred (300) square feet of improved useable open space per dwelling unit shall be provided in each multi-family development project.

3. Not less than thirty percent (30%) of the total lot area of multiple-family residential projects shall be provided as improved, landscaped open space.

B. Screening and Vegetation for Multi-Family Residential. Projects within multi-family residential zoning districts shall include vegetative screening at the project perimeter to ensure the privacy of existing and future homeowners. The city shall determine the location and extent of vegetative screening required based on site conditions and surrounding existing and planned land uses. Where required, such vegetative screening shall be maintained in a healthy and vigorous condition.

Areas used as vegetative screening shall not be counted as open space. (Ord. 2010-02 § 1 (part), 2010)

17.24.040 OBJECTIVE DESIGN STANDARDS FOR SINGLE FAMILY ZONING DISTRICTS.

In addition to the development standards listed in Table 17.24.020-1, the following objective development standards apply to applicable residential development in single family residential zoning districts.

A. Applicability

1. The project consists of constructing a primary dwelling unit, such as single family residence or a duplex, or modifying an existing structure to create a primary dwelling unit; and

2. The project is located in the Low Density Residential (LDR) or Single Family Residential (R-1) zoning district.

B. Design Standards

1. Units shall be designed with an entry feature or outdoor living area, such as a porch or courtyard, when located on a lot adjacent to the street, and include a path to the sidewalk/street.

2. Projects resulting in the creation of a two-story dwelling shall step back the second floor wall plane at least five (5) feet from the first floor wall plane on at least two sides. On corner lots, the second floor wall plane shall be stepped back at least five (5) feet from the first floor wall plane along street frontages.

3. Two-story designs shall provide visual separation between the two stories by incorporating projections, reliefs, accents, roof forms, decks, balconies, and/or variation in materials between the two stories.

4. Unit design shall minimize the appearance of long blank walls by including design features on each building face at intervals of no less than fifteen (15) feet. Such features may include changes in the wall plane, inclusion of different materials, windows, doors, openings, and/or architectural detailing.

5. Consistent materials and colors shall be applied for each type of architectural detail, including door trim, window trim, window sills, shutters, and fascia, when such architectural details are located in more than one location on the building facade. For example, when white, wood window trim is used at one location on the building, any window trim used at other locations shall be white, wood window trim.

6. Windows shall be offset so that they are not lined up with windows of adjoining structures, or windows shall include non-transparent glazing to obscure direct views into adjoining structures.

3. Pinole Municipal Code Chapter 17.70 Accessory Dwelling Units and Junior Accessory Dwelling Units [Amendment]
Full Chapter included.

Text to be removed shown in strikeout text.

Text to be added shown in bold and underline.

Text updates following Planning Commission in highlight.

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.

17.70.010 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 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 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 single-family 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)

17.70.30 PERMIT REQUIREMENTS.

A. Application Review

1. All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) require review and approval through the plan check process, pursuant to the requirements of Section 17.12.030 (Plan Check). a. Applications for ADUs and JADUs shall be ministerially reviewed by the City within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lotcomplete application is submitted.
b. If the permit application to create an ADU or JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling. The application to create the ADU or JADU shall still be considered ministerially without discretionary review or a hearing.

B. All plan check applications for ADUs and JADUs shall include, but are not limited to, the following:

1. A completed building permit application;

2. Proof of ownership of the property or permission from the property owner;

3. SiteA plot plan showing the location of any and all easements, structures, parking for both the primary and accessory dwelling units, other improvements, and trees over four (4) inches in diameter;

4. Floor plan showing the square footage of the structure, the floor area, the lot, and the percentage of the lot area covered by the foundations of the accessory and primary dwelling units;

5. Elevations showing all sides of the ADU or changes being made to the single-family home in order to add an ADU or JADU;

6. Colors and materials board, or aesthetic details noted in plan sets;

7. Such other information which the Community Development Director determines is necessary to evaluate the proposed project.

8. Completed declaration of restrictions, including a notarized property owner signature on the form as

required in Section17.70.050, signed and ready for recordation.

89. Address assignment application for the proposed unit. 910. Permit applications required by the Public Works Department to serve the proposed unit, which may include but is not limited to sewer lateral and encroachment permits. (Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

17.70.040 PERFORMANCE STANDARDS.

An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall meet all of the applicable zoning regulations for the specific zoning district in which it is located, except as provided in this chapter. An ADU or JADU that conforms to the requirements of this chapter, and any other applicable development standards and regulations contained in Title 17 Zoning Code, shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use which is consistent with the existing general plan and zoning designations for the lot. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or JADU.:

Notwithstanding the following performance standards for ADUs and JADUs, and the requirements of the underlying zoning districts, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the class of ADUs and JADUs specified under Government Code Section 66323 and in accordance with the criteria and requirements provided therein.

A. Unit Types and FacilitiesDefinitions.

1. Accessory Dwelling Unit (ADU)
a. An ADU shall consist of complete independent living facilities including permanent facilities for sleeping, living, eating, cooking, and sanitation. The ADU shall include independent heating and cooling controls, its own kitchen and sink and standard built-in or freestanding appliances, its own bathroom with bathtub or shower, and a separate exterior entrance. b. The ADU may either be within an existing structure, attached to the primary dwelling, or detached from the primary dwelling.

2. Junior Accessory Dwelling Unit (JADU). A JADU shall consist of a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. ADUs and JADUS may not be sold separately from the primary residential dwelling on the lot.

C. Maximum Number of ADUs and JADUs. Any of the following shall be permitted in a residential or mixed-use zone:

1. One (1) ADU and one (1)or JADU per lot with a proposed or existing single-family dwelling.

2. One (1) detached, new construction, ADU that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The proposal may be combined with a JADU, for one (1) ADU and one (1) JADU on the single-family lot. The ADU shall not exceed eight hundred (800) square feet and sixteen (16) feet high.

23. Within existing multi-family dwelling structures, a number of ADUs based onat least one (1) ADU and not more than twenty-five percent (25%) of the number of existing multi-family dwelling units, with a minimum of one (1) ADU allowed, if all of the following apply:
a. The unit is within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. b. The unit complies with state building standards for dwellings.

34. Not more than two (2) ADUs Multiple ADUs, not to exceed either of the numbers established below, that are located on a lot that has an existing multi- family dwelling, but are detached from that multi-family dwelling and are subject to a height limits and of sixteen (16) feet and four (4) foot rear and side yard setbacks under this Chapter. a. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot; or
b. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

D. Development Standards and Requirements for Accessory Dwelling Units.

1. Maximum floor area for attached or detached ADUs.
a. Fifty percent (50%) of the existing living area of the primary dwelling unit, with a limit of eight hundred fifty (850) square feet for an ADU with one or fewer bedrooms or one thousand (1,000) square feet for an ADU with two (2) or more bedrooms.
b. Where fifty percent (50%) of the existing living area does not allow for an eight hundred (800) square foot ADU, an ADU of up to eight hundred (800) square feet may be allowed;

2. Setbacks.

a. New ADUs shall have a minimum setback of four (4) feet from the side and rear property lines, and setbacks shall be sufficient for fire and safety;
b3. No setback shall be required for an existing legal structure that is converted to an ADU; c4. Detached ADUs shall not be less than six (6)eight (8) 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; d. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure.

An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

3. Height
a. Detach ADUs shall not exceed sixteen (16) feet in height, unless the ADU is located within an existing structure. i. The maximum allowable height shall be eighteen (18) feet if the lot is within a half-mile walking distance of a transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code;
ii. The maximum allowable height shall be eighteen (18) feet if the detached ADU is located on a lot with a multistory, multifamily building.
b. Attached ADUs shall not exceed the maximum allowable height of the zoning district;.

4. Exterior Access and Design.
a. The ADU shall have its own exterior access, and no.
b. Any exterior stairs to a second story attached ADU shall be located behind the residence. If location behind the residence is not possible due to site constraints, the project shall include at least one of the following features to obscure visibility shall be visible from the public right-of-way; incorporate screening into the architectural design; addition of trees or landscaping as screening; and/or use of colors on the stairway that match those used on the structure where the stairs are attached to minimize contrasts. c. Attached ADUs shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.
d. No passageway shall be required in conjunction with the construction of an ADU. A passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.;

5. Location. 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;.

6. The ADU should be compatible with the primary dwelling unit, and should use similar style, materials, and colors;

7. No passageway shall be required in conjunction with the construction of an ADU;

8. If ADUs are rented, rental must be for terms longer than thirty (30) days; and

9. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

6. Rentals. Any rental of ADUs must be for terms longer than thirty (30) days.

E. Development Standards and Requirements for Junior Accessory Dwelling Units.

1. The JADU shall be constructed within the walls of the proposed or existing single-family residence and shall not exceed five hundred (500) square feet.

2. The owner shall occupy the primary residence or JADU.

3. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

4. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

5. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Modifications to the exterior of the residence in order accommodate a proposed JADU shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the