6649-002t 2
IN WITNESS WHEREOF, the Unions have caused this Partial Release to be executed and effective from and after _____________, 20___.
UNIONS:
By:
Business Manager, UA Local 159
By:
Business Manager, IBEW Local 302
By:
Business Manager, Sheet Metal
Workers Local 104
By:______________________________________
Business Manager, Sprinkler Fitters
Local 483
___________________________________
By: President
District Council of Iron Workers of the
State of California and Vicinity
DocuSign Envelope ID: 0B34B89A-3EE7-4F99-8CC5-1E98C5CB02CF
Pinole Shores II (CUP 23-05 & DR 23-12)
836–848 San Pablo Avenue
City Council Meeting – September 15, 2026
APPEAL OF PLANNING
COMMISSION DENIAL OF
ENTITLEMENT EXTENSION
PURPOSE OF TODAY’S ITEM
• Council to receive staff report
• Conduct public hearing
• Provide direction on appeal of Planning Commission’s
August 10, 2026 denial
Receive Staff
Report and
Presentation
Conduct
Public Hearing
Appellant/Applicant
presentation (10
minutes)
Public Comment
Appellant/Applicant
Rebuttal (5
minutes)
Council
Discussion
and Direction
Resolution at
Next Meeting
BACKGROUND OF THE SITE &
REDEVELOPMENT HISTORY
• Former Anthony Auto Wreckers site; blighted parcel
targeted for redevelopment since 1999
• Environmental cleanup completed; site restricted to
industrial, commercial, or office uses
• Redevelopment Agency dissolution → property
transferred to City
• Development and Disposition Agreement (DDA)
executed with GRP Shores in May 2022 for purchase
and development
3 1993
2026
SUMMARY OF APPROVED ENTITLEMENTS
June 10, 2024: Approved Reso 24-02
Approved one 43’-tall tilt-up 119,228 sq ft
light-industrial/wholesale distribution building:
• Comprehensive Design Review (DR 23-12)
• Conditional Use Permit (CUP 23-05)
• Parcel Map consolidation
• Expires June 10,
2026
4 May 8, 2023: Approved Reso 23-04
Approved two 43’-tall 117,943 sq ft
wholesale/office distribution buildings
• Comprehensive Design Review (DR 21-19)
• Conditional Use Permit (CUP 23-03)
• Parcel Map consolidation
PROJECT TIMELINE & EXTENSION REQUEST
5 DR/CUP Approval
June 10, 2024
Extension Filed
May 8, 2026
DR/CUP Expires IF
Extension not filed or
permit not pulled: PMC
17.10.100
June 10, 2026
PC Hearing on
Extension
August 10, 2026
Appeal filed of Denial
August 19, 2026
CC Hearing on Appeal
September 15, 2026
STAFF RECOMMENDATION TO PLANNING
COMMISSION
6 • Staff recommended approving
the extension which would have
granted entitlements through
June 10, 2027
• Staff recommended extension
findings could be made:
• No changed land-use or permit
circumstances
• Applicant demonstrated diligent
pursuit
PMC 17.10.100 PERMIT TIME LIMITS, EXTENSIONS, AND
EXPIRATION.
C. Permit Extensions.
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.
PLANNING COMMISSION DENIES
EXTENSION
7 Multi-year delays and
lack of visible
progress
Insufficient steps
toward building permit
issuance
No identified tenant →
doubts about market
readiness
No updated plans
presented; unclear
substantive progress
PC majority believed
diligent pursuit was
not demonstrated
Additional concerns
about community
character, truck
impacts, EJ policies,
City revenue timing
6:1
vote
denial
Summary of Concerns:
Resolution 26-08
APPEAL FILED
• Appeal timely filed August 19, 2026 by
Applicant/Appellant (GRP Shores LLC)
• Supplemental materials and
amended Appeal filed September
8, 2026
• Request: Council to reverse PC denial
and grant an extension to June 10,
2027
8
DE NOVO HEARING
• This appeal hearing is de novo
• Council is not limited to reviewing whether the Planning Commission erred; instead, the Council reconsiders the matter as if it is being heard for the first time, with full authority to evaluate the application, the evidence, the appeal materials, and the record independently. • The Council may consider all testimony, documents, and analysis presented during this appeal hearing without being bound by the Planning Commission’s prior decision. • At the conclusion of the hearing, the City Council may provide direction to staff on the following options:
• Direct staff to prepare a resolution upholding the appeal, reversing the Planning Commission denial, and granting the extension.
• Direct staff to prepare a resolution denying the appeal, affirming the Planning Commission’s decision. • Staff will return with the appropriate resolution at the next City Council meeting for adoption on the consent calendar, consistent with the Council’s direction. 9
LEGAL FRAMEWORK – PMC 17.10.100
• Extension may be granted if:
1. The original permit findings
can still be made and there are
no changed circumstances; or
2. There has been diligent
pursuit to exercise the permit.
10 Findings To Grant
Extension:
The original permit
original permit
findings can still be
made, and no
changed
circumstances
Diligent pursuit has
been demonstrated. OR
WHAT DOES IT MEAN TO “EXERCISE” A
PERMIT?
11 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.
Condition of
Approval #6 in
Resolution 24-02:
“Entitlements shall be
considered exercised
when a building
Permit is issued for
the first building.”
APPEAL GROUNDS SUMMARIZED
12 Planning Commission
exceeded its authority
regarding the DDA
Attempt to impose a
diesel-truck ban was
unlawful
Applicant met all
requirements for an
extension under city
code
Entitlements are
legally tolled under
state law and the DDA
City is contractually
obligated to cooperate
and grant the
extension
Staff report clerical
errors are not valid
grounds for denial
DOCUMENTS FOR REVIEW
• Appeal Staff Report
• Contains links to previous Planning Commission staff reports:
• 2024 entitlement approval: https://pinoleca.portal.civicclerk.com/event/116/files/report/297 • 2026 extension request: https://pinoleca.portal.civicclerk.com/event/1084/files/report/999 • Attachment A: PC Resolution 24-02 (contains condition regarding exercise of permit) • Attachment B: PC Resolution 26-08 (denied extension)
• Attachment C: Draft PC Minutes (August 10, 2026)
• Attachment D: Appeal received August 19, 2026
• Attachment E: Supplemental Appeal and Attachments received September 8, 2026 13
STAFF RECOMMENDATION
• At the conclusion of the hearing, the City Council may provide direction to staff on the following options:
• Direct staff to prepare a resolution upholding the appeal, reversing the Planning Commission denial, and granting the extension.
• Direct staff to prepare a resolution denying the appeal, affirming the Planning Commission’s decision.
• Staff will return with the appropriate resolution at the next City Council meeting for adoption on the consent calendar, consistent with the Council’s direction. 14
City of Pinole
THANK YOU