Pittsburg City Council
September 19, 2022

CITY OF PITTSBURG
AGENDA
SEPTEMBER 19, 2022

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

CLOSED SESSION
6:00 P.M.

REGULAR MEETINGS
7:00 P.M.

CITY COUNCIL

HOUSING AUTHORITY

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice- Mayor/Chair
Juan Antonio Banales, Council Member/Board Member
Jelani Killings, Council Member/Board Member
Marilyn “Merl” Craft, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts. All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov.

Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable. 6:00 P.M. - CONVENE IN CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Section 54956.9(d)(2):

Number of cases: One (1)
7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

2. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations

PROCLAMATIONS

3. National Hispanic Heritage Month

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)
2 HOUSING AUTHORITY

CONSIDERATION

4. Adoption of a Housing Authority Resolution Authorizing Acquisition of the Limited Partnership Interests in Gateway Mixed Use Development, a California Limited Partnership (the "Partnership"), a Capital Contribution to the Partnership to Pay- Off Existing Bond Debt, Substitution of Managing General Partner of the Partnership, and an Amendment to the Partnership Agreement Granting the Housing Authority Options to Acquire Both General Partners' Interests in the Partnership
The Housing Authority of the City of Pittsburg (Housing Authority) proposes to acquire the limited partners interests in the Gateway Mixed Use Development, a California limited partnership (the “Partnership”) (LP Interests), the administrative general partner of the Partnership interest (AGP Interest), and the managing general partner of the Partnership interest (MGP Interest).

CONSENT CALENDAR

5. Minutes of August 15, 2022

HOUSING AUTHORITY MEMBER REMARKS

ADJOURNMENT OF THE HOUSING AUTHORITY

CITY COUNCIL MEETING

PUBLIC HEARING

6. Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Amending the Zoning Map for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
This is a public hearing on a request for approval of: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential and 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Single-Family Residential) to PD (Planned Development) District (and associated PD Plan) for the Liberty Residential Subdivision Phase II Project located at 360 Central Avenue in the RS-5 (Single- Family Residential) district. Assessor's Parcel No. 086-151-002. For information purposes, this application also includes consideration of a Vesting Tentative Map for a 17-lot Major Subdivision and Design Review of landscape and architectural plans. On August 9, 2022, the Planning Commission adopted Resolution No. 10196 recommending approval of the proposal in its entirety.

7. Adoption of a City Council Resolution Approving the 2021-2022 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
3 The Housing and Community Development Act of 1974, as amended, requires all Community Development Block Grant (CDBG) entitlement jurisdictions to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) by September 30th of each year. The CAPER is a “report card” that documents how well the City met its goals during the period of July 1, 2021 through June 30, 2022 (Program Year) in helping low to moderate income residents of Pittsburg with a variety of services and improvements utilizing CDBG funds.

CONSIDERATION

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST

PITTSBURG GHAD II CONSENT CALENDAR

8. Minutes of August 15, 2022

9. Adoption of a Pittsburg Power Company Resolution Attesting the Veracity of the 2021 Power Content Label to the California Energy Commission The Power Source Disclosure (PSD) Program Regulations require that a publicly owned electricity retail supplier submit to the California Energy Commission (CEC) an attestation of the veracity of both the annual Power Source Disclosure Report and the Power Content Label (PCL) for the previous calendar year. For public agencies submitting board resolutions as attestation, in lieu of a requirement to provide a report from an auditor, the Board of Directors must attest to the Power Content Label in addition to the PSD report.

10. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

11. Adoption of a City Council Resolution to Accept Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation Project as Complete and Authorize the City Engineer to File a Notice of Completion
Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation Project (“the Project’) constructed 38 curb ramps in the neighborhoods located in the Willow Landing, Hillsdale, and Highland Meadows subdivisions. This Resolution will accept the construction contract as complete and authorize the City Engineer to file a notice of completion.
4 12. Adoption of a City Council Resolution Amending City’s Conflict of Interest Code Pursuant to the Political Reform Act, every local government is required to conduct a biennial review of its Conflict of Interest Code to determine its accuracy. As part of this year’s biennial review, City staff determined that the City’s Conflict of Interest Code must be amended to reflect new, reclassified and eliminated employee positions. Adoption of the resolution updating the City’s Conflict of Interest Code will ensure that the Code accurately reflects all of the designated positions within the City which are required, by state law, to disclose financial interests.

13. Adoption of a City Council Resolution to Authorize the Purchase of a 12,000 Gal. Aboveground Storage Tank from PME, Approve and Allocation Additional Funds for Project 3118, Corporation Yard Fueling System Replacement Project Project 3118, Corporation Yard Fueling System Replacement Project (the “Project”) is for the construction of a new Aboveground Storage Tank (AST) fueling system at the Environmental Center. This project consisted of the complete removal of the existing Underground Storage Tank (UST) at the Corporation Yard and installation of additional long-term monitoring wells that meet the requirements set by the CA Waterboard. In addition, this project will be installing the new AST at the Environmental Center designed by Trident Environmental and Engineering.

14. By Minute Order, Establish a Tobacco, Cannabis, and Alcohol Policy Review Ad Hoc Subcommittee and Appoint Two Subcommittee Members
The City Council will consider establishing an ad hoc subcommittee tasked with reviewing, providing direction, and making recommendations related to tobacco, cannabis, and alcohol policy options in Pittsburg, as well as appointing two committee members.

15. Adoption of a City Council Resolution Authorizing the City Attorney to Execute a Legal Services Agreement with Sher Edling LLP for PCBs litigation To initiate litigation against the Monsanto companies to seek monetary damages that would fund work required under the City’s stormwater permit, it is recommended that City Council authorize the City Attorney to execute a legal services agreement with the law firm Sher Edling, LLP.

16. By Minute Order, Select Appointments to Vacancies on the Measure M/P Citizens Oversight Committee
The Measure M/P Citizens Oversight Committee is comprised of three members of the Community Advisory Commission and two members from the business community that also live in Pittsburg. Five (5) openings exist on the Measure M/P Citizens Oversight Committee. Community Advisory Commissioners were asked to volunteer for the Committee, and staff has reached out to the business community. Four (4) appointments are ready to be made. 5 17. Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for Police Vehicle Equipment
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. If approved, the resolution authorizes execution of a contract with LEHR Inc., from Pittsburg, for equipment for new police vehicles from October 1, 2022 to September 20, 2023 in an amount not to exceed $380,000 and approve an option to extend the agreement for four additional one-year terms in the maximum amount of $250,000 annually, piggybacking off of a competitive bid process undertaken by County of Placer.

18. Adoption of a City Council Resolution Authorizing Execution of Contract for Bulk Gasoline Services
The City has various departments that require large quantities of fuel to carry out their responsibilities to maintain operations. Staff recommends authorizing execution of a fuel supply contract “piggybacking” on a competitive bidding process by the City of Oakland. If approved, the resolution will authorize a contract with Western States Oil of San Jose for a period of one year, with the option to extend.

19. Adoption of a City Council Resolution Authorizing Execution of Contract for Renewable Diesel
The City requires diesel fuel for vehicles and equipment to provide services to the public and to maintain operations. Staff recommends authorizing execution of a fuel supply contract “piggybacking” on a competitive bidding process by Santa Clara County. If approved, the resolution will authorize a contract with Western States Oil of San Jose for a period of one year, with the option to extend.

20. Adoption of City Council Resolution Allocating Funds and Awarding a Purchase Contract for a 2022 930M Wheel Loader
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including a wheel loader that needs replacement. If approved, this resolution will allocate funds and authorize a purchase contract for a new 2022 Caterpillar 930M Wheel Loader.

21. Adoption of a City Council Resolution to Authorize Execution of a First Amendment to Consulting Services Agreement with Sloan Sakai Yeung & Wong, LLP
Staff proposes a first amendment to a Consulting Services Agreement with the Sloan Sakai Yeung & Wong, LLP, to increase the compensation and extend the duration, for services in connection with labor negotiations. 6 22. A Resolution Approving a Consultant Agreement for Design of Project 5067 - Water Treatment Plant Filter Replacement
Project 5067 Water Treatment Plant Filter Replacement (the “Project”) is paramount to the City’s ability to continue providing high-quality drinking water to Pittsburg residents well into the future. The design will also include upgrade of the piping system as needed to accommodate the new filter installations.

23. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Agreement for Design Services for the Reviving the Heart of Pittsburg Pride Project
Reviving the Heart of Pittsburg Pride Project is a project that aims to beautify the Railroad Avenue corridor from Civic Avenue to 10th street through landscaping, art installation, park development and more, collectively known as “the Project”.

24. Adoption of City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a Towable Generator
The City’s towable generator was retired several years ago, and a replacement has not been purchased. The generator is a vital piece of equipment for use in emergency situations as well as projects and events. Staff recommends a new customized towable generator be purchased. If approved, this resolution will authorize a purchase contract with CD & Power for a new towable generator.

25. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Submit to the California State Lands an Amendment to Tidelands Lease No.

PRC 7643.1
In connection with a pending sale by USS-UPI, LLC (successor by conversion to USS-Posco Industries) (“UPI”) of certain property at 900 Loveridge Road adjacent to Tidelands property leased from the City, UPI has requested to amend Lease No. PRC 7643.1 to expand allowed uses of the Tidelands property. A lease amendment of this nature requires final approval by the California State Lands Commission.

26. Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for the Purchase of New Police Interceptor Vehicles The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. The City solicited bids from multiple vendors for replacement of vehicles that have lower reliability and are requiring more maintenance. If approved, the resolution authorizes the purchase of eleven (11) new vehicles from Future Ford of Concord.

27. Adoption of a City Council Resolution Approving the Contract Renewal Agreement with Axon Enterprise, Inc.

Staff Recommends approval of the Axon Enterprise Inc., five-year Contract Renewal Agreement to provide equipment and electronic media storage for the 7 Police Department for years 2022 through 2027.

28. Adoption of a City Council Resolution Authorizing Negotiation and Execution of Agreement with Motorola Solutions to Replace Police Radio System to Meet California Department of Justice Requirements
The Police Department is required to meet the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy to ensure the confidentiality of information from the California Law Enforcement Telecommunications System (CLETS). Compliance will require the Police Department to upgrade all radio systems to include encryption of all radio traffic.

All current radio equipment is at the end of its useful life and is no longer supported or serviced by Motorola. Encrypting our current equipment would not be prudent as current equipment will go out of service in 2023. If approved, the resolution will authorize the purchase of upgrading and encrypting all radio communication equipment.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required)
ADJOURNMENT to October 3, 2022
8 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). The full packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled citizens. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at 925-252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Streaming Media page.

Past meetings are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99. For more information, please contact the City Clerk’s office at 252-4850. 9 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2022 Updated August 15, 2022

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS STAFF ABAG Shanelle Scales-Preston / Holland White Alt. Standing Annual G. Evans Delta Diablo** Juan Banales / Shanelle Scales-Preston Alt. Standing 2nd Wednesday R. Abono East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing Monthly J. Davis East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual R. Abono MCE Clean Energy Board Shanelle Scales-Preston / Holland White Alt. Standing 4 Per Year D. Buchanan TRANSPLAN / ECCRFFA Holland White / Juan Banales Alternate Standing 2nd Thursday R. Abono Tri-Delta Transit (2 reps)*** S. Scales-Preston & Merl Craft / Jelani Killings Alt. Standing Last Wednesday R. Abono

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Merl Craft Alt. Standing 3rd Thursday *Rotational Mayor’s Conference Holland White / Shanelle Scales-Preston Alt. Standing 1st Thursday G. Evans School Districts Committee (2x2) Shanelle Scales-Preston & Merl Craft / Jelani Killings Alt. Standing 2nd Thursday G. Evans even months

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS STAFF
American Rescue Plan Act (ARPA) Holland White / S. Scales-Preston / Juan Banales Alt. Ad Hoc As needed G. Evans CAC CDBG Subcommittee S. Scales-Preston & Jelani Killings / Holland White Alt. Standing As needed M. Aliotti City Council Policy and Procedures Review Juan Banales & Merl Craft Ad Hoc As needed G. Evans City Infrastructure and Transportation (2) S. Scales-Preston & Juan Banales / Holland White Alt. Standing As needed R. Abono Community Services Subcommittee Merl Craft & Shanelle Scales-Preston / Juan Banales Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Juan Banales / Holland White Alt. Ad Hoc As needed G. Evans Economic Develop/Waterfront Subcommittee Jelani Killings & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Finance Subcommittee (1) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed P. Rodrigues Government Performance Subcommittee Holland White & Jelani Killings Ad Hoc As needed G. Evans Hills Committee Juan Banales & Jelani Killings / Merl Craft Alt. Ad Hoc As needed G. Evans Land Use Subcommittee (3) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Los Medanos Health Advisory Committee S. Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans My Brothers Keeper Subcommittee S. Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans Pittsburg Arts & Community Foundation Merl Craft & S. Scales-Preston / Jelani Killings Alt. Standing As needed G. Evans Pittsburg Police Activities League (PAL) Holland White & S. Scales-Preston / Jelani Killings Alt. Standing Monthly B. Addington Pittsburg Recognition Committee Holland White / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Power Company Advisory Holland White & S. Scales-Preston / Juan Banales Alt. Standing As needed D. Buchanan Public Safety Subcommittee Holland White & Shanelle Scales-Preston Standing As needed B. Addington Sister City Committee Jelani Killings & Holland White / Merl Craft Alt. Standing As needed K. Simonton *Rotational Staff as assigned by City Manager
**Stipend of $170 per month
***Stipend of $100 per month
10 11

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Resolution Authorizing Acquisition of the Limited Partnership Interests in Gateway Mixed Use Development, a California Limited Partnership (the "Partnership"), a Capital Contribution to the Partnership to Pay-Off Existing Bond Debt, Substitution of Managing General Partner of the Partnership, and an Amendment to the Partnership Agreement Granting the Housing Authority Options to Acquire Both General Partners' Interests in the Partnership
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The Housing Authority of the City of Pittsburg (Housing Authority) proposes to acquire the limited partners interests in the Gateway Mixed Use Development, a California limited partnership (the “Partnership”) (LP Interests), the administrative general partner of the Partnership interest (AGP Interest), and the managing general partner of the Partnership interest (MGP Interest).

FISCAL IMPACT
Up to an estimated $800,000 may be required for the cost to transfer the LP Interests, the AGP Interest, and the MGP Interest to the Housing Authority, to make the capital contribution, and to pay for miscellaneous costs related to the acquisition.

RECOMMENDATION
The Governing Board of Housing Authority authorize the acquisition of LP Interests, the AGP Interest, and the MGP Interest by the Housing Authority; a capital contribution to the Partnership to pay-off existing bond debt and related costs; substitution of managing general partner of the Partnership; and an amendment to the Partnership Agreement Granting the Housing Authority options to acquire both general partners' interests in the Partnership.
12 BACKGROUND
The former Redevelopment Agency of the City of Pittsburg (Agency) and Domus Development LLC, a California limited liability company (Domus) entered into a Disposition, Development, and Loan Agreement on November 21, 2005 (DDLA), which was subsequently amended from time to time, for the disposition of land, and the issuance of a loan to construct a mixed-use project consisting of 28 affordable rental units and 8,106 square feet of commercial space on the ground floor (Project). Domus' rights and obligations under the DDLA were assigned to the Partnership as of March 1, 2006.

The Housing Authority entered into a Purchase Option and Right of First Refusal Agreement, dated as of March 1, 2006 (Option/ROFR) with the Partnership, Domus and AHCDC Gateway, LLC, a California limited liability company in which the Housing Authority was given an option (Option) and right of first refusal to purchase the Project.

On January 17, 2012, the housing assets and efforts previously performed by the Agency were transferred to the Housing Authority by City Council Resolution 12-11753 and Housing Authority Resolution 12-261, pursuant to the Dissolution Act that dissolved the Agency on February 1, 2012.

The Housing Authority proposes to exercise the Option, to acquire the Project for Housing Authority purposes and maintain the affordability of the Project.

SUBCOMMITTEE FINDINGS
This item was not discussed in a subcommittee.

STAFF ANALYSIS
Staff retained Joel Rubenzahl, a Community of Friends (ACOF) consultant at Community Economics, who assisted with the negotiations. Alliant Tax Credit Fund 31-A, LTD., a Florida limited partnership, and its successors and/or assigns (Investor Limited Partner) and Alliant Tax Credit 31, LLC, a Florida limited liability company, and its successors and/or assigns (Administrative Limited Partner), referred to collectively as the “Limited Partners” of the Partnership, have agreed to sell their interests in the Partnership to the Housing Authority for $50,000.

The Housing Authority, after it acquires the LP Interests and in its capacity as the limited partner of the Partnership, and Domus, as the administrative general partner of the Partnership, propose to change the managing general partner of the Partnership to Spectrum Affordable Housing Corporation, a California nonprofit public benefit corporation, which has common staff and management with Domus . The administrative general partner of the Partnership has agreed to grant the Housing Authority an option to acquire its interest in the Partnership (AGP Interest) at any time starting on January 1, 2026 for $100 and the allocation of 99.99% of the Partnership's losses in calendar years 2022 and 2023 (and in years thereafter, if any, as long as it is a partner in the Partnership).

AHCDC Gateway LLC, a California limited liability company and managing general partner of the Partnership has agreed to grant the Housing Authority an option to acquire its interest in the Partnership (MGP Interest) at any time starting on January 1, 2026 for $100. 13 After the Housing Authority acquires the LP Interests and in its capacity as the limited partner of the Partnership, will make a capital contribution to the Partnership in an amount not to exceed $800,000 to pay off the existing bond loan on the Project and other related costs. Upon completion of the acquisition of all the LP Interests, AGP Interest and MGP Interest, the Housing Authority will own the Project.

In addition, the Housing Authority as the successor to the Agency as the lender under the loan made to the Partnership under the DDLA, approves the transfer in the interests of the Partnership as described above in this staff report.

Adding the Project to the Housing Authority’s assets will expand its operations and provide opportunities to the Housing Authority for revenue generation.

ATTACHMENTS: Resolution
Agreement to Transfer Partnership Interests of Gateway Mixed Use Development
Assignment and Assumption of Investor Limited Partner Interest and Administrative Limited Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development
Assignment and Assumption of Managing General Partner Interest and Third Amendment to the Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development
Fourth Amendment to the Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development
Report Prepared By: Maria M. Aliotti, Assistant City Manager 14

2196\02\3353377.1

BEFORE THE HOUSING AUTHORITY OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Acquisition of the Limited Partnership )
Interests in Gateway Mixed Use Development, a )
California Limited Partnership (the "Partnership"), ) RESOLUTION NO. 22- A Capital Contribution to the Partnership to Pay-Off )
Existing Bond Debt, Substitution of Managing )
General Partner of the Partnership, and an )
Amendment to the Partnership Agreement )
Granting the Housing Authority Options to Acquire )
Both General Partners' Interests in the Partnership )
WHEREAS, the Housing Authority of the City of Pittsburg (Housing Authority) entered into a Purchase Option and Right of First Refusal Agreement, dated as of March 1, 2006 (Option/ROFR) with the Gateway Mixed Use Development, a California limited partnership (Partnership), Domus Development, LLC, a California limited liability company (Domus) and AHCDC Gateway, LLC, a California limited liability company, in which the Housing Authority was given an option (Option) and right of first refusal to purchase the Gateway Mixed-Use Project, consisting of 28 affordable units and 8,106 square feet of commercial space, also known as Entrata (Project); and
WHEREAS, the former Redevelopment Agency of the City of Pittsburg (Agency) made a loan in the principal amount of $8,800,000 (Agency Loan) to the Partnership for the construction and permanent financing of the Project pursuant to the Disposition, Development and Loan Agreement between the Agency and Domus, dated as of November 21, 2005, as amended and assigned to the Partnership (DDLA); and WHEREAS, on January 17, 2012, the housing assets and efforts previously performed by the Agency were transferred to the Housing Authority by City Council Resolution 12-11753 and Housing Authority Resolution 12-261, pursuant to the Dissolution Act that dissolved the Agency on February 1, 2012; and WHEREAS, the Housing Authority proposes to acquire the Project for Housing Authority purposes and to maintain the affordability of the Project and therefore desires to exercise the Option; and
WHEREAS, the two limited partners of the Partnership have agreed to sell their interests in the Partnership (LP Interests) to the Housing Authority for $50,000 in 2022 pursuant to an Agreement to Transfer Partnership Interests of Gateway Mixed Use Development, a California Limited Partnership, and an Assignment and Assumption of Investor Limited Partner Interest and Administrative Limited Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of Gateway 15

2196\02\3353377.1
Mixed Use Development, a California Limited Partnership, substantially in the form on file with the Housing Authority Secretary (LP Acquisition Documents); and WHEREAS, the Housing Authority, after it acquires the LP Interests and in its capacity as the limited partner of the Partnership, and Domus, as the administrative general partner of the Partnership, desire to change the managing general partner of the Partnership to Spectrum Affordable Housing Corporation, a California nonprofit public benefit corporation, which has common staff and management with Domus pursuant to the Assignment and Assumption of Managing General Partner Interest and Third Amendment to the Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development (Third Amendment); and
WHEREAS, the administrative general partner of the Partnership has agreed to grant the Housing Authority an option to acquire its interest in the Partnership (AGP Interest) at any time starting on January 1, 2026 for $100 and the allocation of 99.99% of the Partnership's losses in calendar years 2022 and 2023 (and in years thereafter, if any, as long as it is a partner in the Partnership) pursuant to the Fourth Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, substantially in the form on file with the Housing Authority Secretary (Fourth Amendment); and
WHEREAS, the managing general partner of the Partnership has agreed to grant the Housing Authority an option to acquire its interest in the Partnership (MGP Interest) at any time starting on January 1, 2026 for $100 pursuant to the Fourth Amendment; and

WHEREAS, the Housing Authority, after it acquires the LP Interests and in its capacity as the limited partner of the Partnership, desires to make a capital contribution to the Partnership in an amount not to exceed $800,000 to pay off the existing bond loan on the Project and other related costs pursuant to the Fourth Amendment (the "Capital Contribution"); and
WHEREAS, by acquiring the LP Interests, the AGP Interest and the MGP Interests, the Housing Authority will own the Project.

NOW, THEREFORE, BE IT RESOLVED, the Governing Board of the Housing Authority of the City of Pittsburg hereby determines to acquire the LP Interests, the AGP Interest and the MGP Interest; after it acquires the LP Interests and as the limited partner of the Partnership, make the Capital Contribution; and after it acquires the LP Interests and as the limited partner of the Partnership, agree to the replacement of the managing general partner of the Partnership with Spectrum Affordable Housing Corporation.

BE IT FURTHER RESOLVED, the Governing Board of the Housing Authority hereby approves and appropriates up to $800,0000 for the cost to purchase the LP Interests, the AGP interest and the MGP Interest, to fund the Capital Contribution, and to pay for miscellaneous costs related to the acquisition.
16

2196\02\3353377.1
BE IT FURTHER RESOLVED, the Governing Board of the Housing Authority hereby approves the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto, substantially in the form on file with the Housing Authority Secretary. The Executive Director and Assistant Executive Director of the Housing Authority, acting alone, are each hereby authorized and directed to execute the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto on behalf of the Housing Authority. The Housing Authority Executive Director and Assistant Executive Director, acting alone, are each hereby authorized to modify the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto, subject to Housing Authority counsel review and approval, provided such modifications do not materially alter the business terms set forth in the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto. Copies of the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto when executed shall be placed on file in the office of the Housing Authority Secretary.

BE IT FURTHER RESOLVED, the Governing Board of the Housing Authority in its role as the successor to the lender of the Agency Loan hereby approves, pursuant to the DDLA, the transfers of the limited partner interests, managing general partner interest and administrative general partner interest in the Partnership as set forth in this Resolution.

BE IT FURTHER RESOLVED, the Governing Board of the Housing Authority Executive Director and Assistant Executive Director, acting alone, are each hereby authorized to execute such further documents and take such further actions as may be necessary or appropriate to carry out the Housing Authority’s obligations pursuant to the LP Acquisition Documents, the Third Amendment, the Fourth Amendment and all exhibits thereto.

PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Chair
ATTEST:
17

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Alice E. Evenson, Secretary
18 1
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development

AGREEMENT TO TRANSFER PARTNERSHIP INTERESTS
OF

GATEWAY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
This AGREEMENT TO TRANSFER PARTNERSHIP INTERESTS OF GATEWAY MIXED USE DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP (this “Agreement”) is made effective as of September 23, 2022 (the “Effective Date”), by and among the HOUSING AUTHORITY OF THE CITY OF PITTSBURG, a public body, corporate and politic (the “Buyer”), ALLIANT TAX CREDIT FUND 31-A, LTD., a Florida limited partnership, and its successors and/or assigns (the “Investor Limited Partner”), and ALLIANT TAX CREDIT 31, LLC, a Florida limited liability company, and its successors and/or assigns (the “Administrative Limited Partner”) (the Investor Limited Partner and the Administrative Limited Partner are hereinafter collectively referred to as the “Withdrawing Limited Partners”), GATEWAY MIXED USE DEVELOPMENT, a California limited partnership (the “Partnership”), AHCDC GATEWAY LLC, a California limited liability company (the “Managing General Partner”), DOMUS DEVELOPMENT, LLC, a California limited liability company, in its capacity as the co-general partner of the Partnership (the “Co-General Partner” and “Guarantor,” and together with the Managing General Partner, collectively, the “General Partners”), and NEWPORT PARTNERS, LLC, a California limited liability company (together with the Co-General Partner, collectively, “Guarantor” or “Guarantors”).

R E C I T A L S
WHEREAS, the Partnership is governed by that certain Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of March 1, 2006, as amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Amendment to Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of June 23, 2006 (collectively, the “Partnership Agreement”); WHEREAS, capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Partnership Agreement;
WHEREAS, the Partnership was formed to acquire, construct, develop, own and operate the Apartment Complex;
WHEREAS, pursuant to the Partnership Agreement, the Investor Limited Partner is the owner and a holder of all of the investor limited partner interests in the Partnership (the “ILP Interest”) and the Administrative Limited Partner is the owner and holder of all of the administrative limited partner interests in the Partnership (the “ALP Interest,” and together with the ILP Interest, collectively, the “Limited Partner Interests”); WHEREAS, Buyer desires to acquire ownership of the Limited Partner Interests; and WHEREAS, the Partnership, the General Partners, and Buyer intend to continue to operate the Apartment Complex as low-income rental housing following the Closing Date; and 19 2
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
WHEREAS, the Guarantors are guarantors under that certain Guaranty Agreement, dated as of March 1, 2006, made for the benefit of the Investor Limited Partner (the “ Guaranty”), and the Guarantors desire to reaffirm all of their obligations under the Guaranty to the extent still applicable;
NOW, THEREFORE, with the foregoing Recitals incorporated herein by reference and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

A G R E E M E N T

1. Closing. The closing of the transactions contemplated by this Agreement (the “Closing”) is anticipated to take place on or before September 30, 2022, but shall have an outside closing date of December 31, 2022, and shall be effective as of 11:59 p.m. on such day of Closing (the “Closing Date”).

2. Purchase and Assignment of Limited Partner Interests. (a) Limited Partner Interests . Buyer agrees to purchase and the Withdrawing Limited Partners agree to sell each of their Limited Partner Interests, subject to the terms and conditions set forth herein.
(b) Purchase Price. The purchase price for the Limited Partner Interests is Fifty Thousand and No/100 Dollars ($50,000.00) (the “Interest Purchase Price”), the entire amount of which shall be paid in cash to the Withdrawing Limited Partners (or a designated affiliate of the Withdrawing Limited Partners) on or before the Closing Date. (c) Assignment of Limited Partner Interests. On the Closing Date, the Withdrawing Limited Partners shall assign their respective Limited Partner Interests to Buyer by an Assignment and Assumption of Investor Limited Partner Interest and Administrative Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of the Partnership (the “ Assignment”), in the form attached hereto as Exhibit A.

Pursuant to the Assignment, the Administrative Limited Partner shall convey its ALP Interest to Buyer, and the Investor Limited Partner shall convey its ILP Interest to Buyer, all in accordance with the terms and provisions set forth therein. Pursuant to the Assignment, all of the Withdrawing Limited Partners’ entire right to allocations of profits, gain, income, losses, and tax credits, and all items entering into the computation thereof, and to distributions of cash, however determined under the Partnership Agreement shall be assigned to Buyer, as of the Closing Date, and thereafter, notwithstanding anything to the contrary in this Agreement, the Withdrawing Limited Partners shall have no further interest or rights to fees, distributions, or payments as partners of the Partnership. Notwithstanding anything to the contrary contained in this Agreement, each Withdrawing Limited Partner hereby reserves all rights which such Withdrawing Limited Partner may now or hereafter have under the Partnership Agreement arising prior to the Closing Date, or under the Assignment attributable to the time and to the tax years each was a limited partner in the Partnership.
(d) Reserved.
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Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
(e) Development Fee. The Partnership, the General Partners, and Buyer each hereby covenants and agrees that as of the Effective Date, the Development Fee has been paid in full and that the outstanding amount of the Development Fee is $0.

3. Covenant to Maintain Affordability. From and after the Closing Date, the Partnership hereby covenants and agrees to operate and maintain, and the General Partners and Buyer each hereby covenants and agrees to cause the Partnership operate and maintain the Apartment Complex as a qualified low-income housing project throughout the Compliance Period and in compliance with all provisions of Section 42 of the Code and under applicable State law and, in furtherance of the foregoing, the Co-General Partner will provide the Administrative Limited Partner reports and other information reasonably required by the Administrative Limited Partner, on behalf of the Withdrawing Limited Partners, to confirm that the Apartment Complex is being operated and maintained as a qualified low-income housing project throughout the Compliance Period, promptly after any request therefor.

4. Covenant to Satisfy Tax Credit Obligations.
(a) From and after the Closing Date, the Partnership hereby covenants and agrees to satisfy, and the General Partners and Buyer each hereby covenants and agrees to cause the Partnership to satisfy (i) all requirements pursuant to and under Section 42 of the Code and under applicable State law that must be satisfied in order to receive and maintain the Housing Tax Credits for the Apartment Complex, (ii) all obligations pursuant to and under the Project Documents that must be satisfied in order to receive and maintain the Housing Tax Credits for the Apartment Complex, and (iii) any rules, regulations, policies or contractual obligations enforced by the Credit Agency and applicable to the Apartment Complex under Section 42 of the Code or applicable State law (collectively, the “Tax Credit Obligations”) through the end of the Compliance Period.
(b) From and after the Closing Date, the Partnership and the General Partners, each hereby covenants and agrees that if an audit of the Partnership occurs after the Closing Date for a tax year in which a Withdrawing Limited Partner was a partner in the Partnership, the Partnership will not make any election under the partnership audit rules created under the Bipartisan Budget Act of 2015 to shift underpayment liability at the Partnership level to a Withdrawing Limited Partner with respect to the year being audited for which such Withdrawing Limited Partner is not the responsible partner for such underpayment liability, notwithstanding any election previously made by the Partnership or the Partnership Representative with respect to such audit rules. Under no circumstances will Buyer assume or be assigned any underpayment liability for tax years when it was not a partner in the Partnership.

5. Indemnification. On the Closing Date, the Partnership, the Co-General Partner, and the Guarantor (collectively, the “Indemnitors”) shall enter into, for the benefit of the Withdrawing Limited Partners, a Post-Transfer Indemnification Agreement in the form attached hereto as Exhibit B (the “Indemnification Agreement”), pursuant to which the Indemnitors will, jointly and severally, indemnify, defend, protect, and hold harmless each of the Withdrawing Limited Partners, until the date that is three (3) years following the filing of a final tax return after the expiration of the Compliance Period, from and against any losses, increased tax liability, and/or indemnified claims on account of any liability arising out of, relating to, resulting from or in 21 4
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
connection with (a) any failure by the Partnership, the General Partners, the Guarantor, Buyer, or any of their respective affiliates to, from and after the Closing Date, satisfy the Tax Credit Obligations, and/or (b) any recapture or disallowance of any Housing Tax Credits arising out of, relating to, or in connection with, any events, actions or inactions from and after the Closing Date by the Partnership, the Co-General Partner, the Guarantor, Buyer, and/or any of their respective affiliates with respect to a Tax Credit Obligation, and (c) any liability or loss sustained by the Withdrawing Limited Partners arising from or in connection with any failure by any general partner of the Partnership under the Partnership Agreement, the Assignment, the Indemnification Agreement, or any Project Document, as set forth in more detail therein.

6. Release of Liability.
(a) As of the Closing Date, each of Buyer, the General Partners, and the Partnership (collectively, the “Buyer Releasing Parties”) hereby releases and forever discharges each Withdrawing Limited Partner and its and their respective partners, members, managers, shareholders, owners, successors, affiliates, employees, agents, representatives, attorneys and assigns (collectively, the “Withdrawing Limited Partner Released Parties”) from any and all actions, causes of action, losses, suits, obligations, damages, claims, liabilities and demands whatsoever which any Buyer Releasing Party ever had or now has against any of the Withdrawing Limited Partner Released Parties, directly or indirectly, whether known or unknown, relating in any manner to (a) the Partnership Agreement (including but not limited to the obligation to make capital contributions to the Partnership), and/or (b) the ownership, operation, financing and/or organization of the Partnership, and/or (c) the ownership, operation, financing and/or assignment of the Limited Partner Interests and/or the Apartment Complex; provided, however, that nothing set forth in this Section 6 shall in any way amend, modify, alter, reduce or compromise the obligations and liabilities of any of the Withdrawing Limited Partners or any of their respective affiliates under this Agreement or the Assignment, or affect any other rights of the Buyer Releasing Parties herein or therein. (b) As of the Closing Date, each Withdrawing Limited Partner and its respective partners, members, managers, shareholders, owners, successors, affiliates, employees, agents, representatives, attorneys and assigns (collectively, the "Withdrawing Limited Partner Releasing Parties”) hereby releases and forever discharges each of Buyer, the General Partners, and the Partnership and its respective partners, members, managers, shareholders, owners, successors, affiliates, employees, agents, representatives, attorneys and assigns (collectively, the “Buyer Released Parties”) from any and all actions, causes of action, losses, suits, obligations, damages, claims, liabilities and demands whatsoever which any Withdrawing Limited Partner Releasing Party ever had or now has against any of the Buyer Released Parties, directly or indirectly, whether known or unknown, relating in any manner to (a) the Partnership Agreement (including but not limited to the obligation to make capital contributions to the Partnership), and/or (b) the ownership, operation, financing and/or organization of the Partnership, and/or (c) the ownership, operation, financing and/or assignment of the Limited Partner Interests and/or the Apartment Complex; provided, however, that the foregoing release shall not apply with respect to any actions, causes of action, losses, suits, obligations, damages, claims, liabilities, and demands arising out of or related to the fraud, gross negligence, material misrepresentation, willful or criminal misconduct, other bad acts, or 22 5
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
material breach of fiduciary duty of any of the Buyer Released Parties and other similar obligations the Buyer Released Parties may have with respect to the Withdrawing Limited Partners under the Partnership Agreement, which obligations shall survive the assignment and transfer of the Limited Partner Interests hereunder and shall apply to all periods of time that a Withdrawing Limited Partner was a partner of the Partnership, notwithstanding the assignment and transfer of the Limited Partner Interests hereunder. (c) FOR THE FOREGOING PURPOSES, EACH OF THE

PARTNERSHIP, THE GENERAL PARTNERS, THE GUARANTOR, BUYER, AND THE

WITHDRAWING LIMITED PARTNERS HEREBY SPECIFICALLY WAIVES THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAW OF ANY OTHER STATE, TERRITORY OR JURISDICTION.

SECTION 1542 PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”

EACH OF THE PARTNERSHIP, THE GENERAL PARTNERS, THE GUARANTOR,

BUYER, AND THE WITHDRAWING LIMITED PARTNERS HEREBY SPECIFICALLY

ACKNOWLEDGES THAT IT HAS CAREFULLY REVIEWED THIS SECTION AND

DISCUSSED ITS IMPORT WITH LEGAL COUNSEL AND THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL PART OF THIS AGREEMENT.

Partnership
Initials
Managing GP Initials Co-GP Initials Guarantor Initials Buyer Initials Administrative Limited
Partner’s Initials
Investor Limited Partner’s
Initials

7. Third Party Approvals. The General Partners represent and warrant that, as of the Closing Date, they will have obtained all necessary consents from third parties, including Lenders, as are required under the Project Documents, for the execution of this Agreement and closing of the transactions contemplated hereunder (collectively, the “Third Party Approvals”) The Withdrawing Limited Partners represent and warrant that they have obtained any required consents from their respective partners and/or any applicable third parties necessary to effectuate the transfer of the Partnership Interests.

8. Withdrawing Limited Partners’ Conditions to Closing. The obligation of the Withdrawing Limited Partners to convey their respective Limited Partner Interests pursuant to the terms of this Agreement at Closing is subject to the fulfillment of the following conditions to the Withdrawing Limited Partners’ satisfaction, prior to or at the Closing:
23 6
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
(a) The representations and warranties of Buyer set forth in Section 11 hereof shall be true and correct in all material respects on the date hereof and as of the Closing Date;
(b) The representations and warranties of the General Partners set forth in Section 13 hereof shall be true and correct in all material respects on the date hereof and as of the Closing Date;
(c) Buyer, the General Partners, and the Partnership shall have executed and delivered the Assignment to the Withdrawing Limited Partners; and (d) Buyer shall have paid the Interest Purchase Price to the Withdrawing Limited Partners on or before the Closing Date.

9. Buyer’s Conditions to Closing. The obligation of Buyer to purchase the Limited Partner Interests at Closing is subject to the fulfillment of the following conditions to Buyer’s satisfaction, prior to or at the Closing:
(a) The representations and warranties of the Withdrawing Limited Partners set forth in Section 12 hereof shall be true and correct in all material respects on the date hereof and as of the Closing Date;
(b) The Third Party Approvals shall have been obtained; and (c) The Withdrawing Limited Partners, the Partnership, and the General Partner shall have executed and delivered the Assignment to Buyer.

10. Continuation of the Partnership. The parties hereby agree that the Partnership shall continue and shall not be dissolved because of the purchase and assignment of the Limited Partner Interests. The Co-General Partner, on behalf of the Partnership, will deliver to the Withdrawing Limited Partners, any federal and state tax returns of the Partnership for the 2022 Fiscal Year, together with all tax information required to be delivered by the General Partners to the Withdrawing Limited Partners pursuant to Section 13.5B of the Partnership Agreement for such Fiscal Year, including, without limitation, a copy of Schedule K-1, in each case, as and when due under the Partnership Agreement.

11. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Withdrawing Limited Partners as follows:
(a) Neither the execution nor the delivery of this Agreement, the incurrence of the obligations set forth in this Agreement, the consummation of the transactions herein contemplated, nor the compliance with the terms of this Agreement will conflict with, or result in a breach of, any of the terms, conditions, or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan agreement, lease, or other agreement or instrument to which Buyer is a party or by which such party may be bound.
24 7
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
(b) Buyer is a public body, corporate and politic duly organized and validly existing under the laws of the State of California and has the power, legal capacity, and authority to execute and enter into this Agreement and to execute all other documents and to perform all other acts as may be necessary in connection with the performance of this Agreement, and this Agreement is, and the other documents and instruments required to be executed by Buyer in connection with the transactions contemplated hereby upon execution shall be, the valid, legal and binding obligations of Buyer.
(c) No additional approval or consent is necessary in connection with the execution of this Agreement by Buyer, or the performance of Buyer’s obligations under this Agreement.
(d) To the best of Buyer's knowledge, no other Person has any claim to the Interest Purchase Price delivered to the Withdrawing Limited Partners. (e) Buyer has received independent tax and legal advice from attorneys and/or accountants of its choice with respect to the advisability of executing this Agreement and consummating the transactions described herein.
(f) Buyer has had access to the books and records of the Partnership and has made such investigation of the facts pertaining to the Partnership, the Apartment Complex, to this Agreement, and all of the matters pertaining thereto, as it deems necessary. (g) Buyer will not take any action that would interfere with the performance of this Agreement by any other party or that would adversely affect any of the rights provided for herein.
(h) Buyer, and each person or entity owning, directly or indirectly, an interest in Buyer is not (i) currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation, (ii) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, (iii) an Embargoed Person (as hereinafter defined), or (iv) a person or entity that is affiliated with or acting for or on behalf of, a person or entity described in clauses (i) through (iii) of this subsection if an entity existing in the United States is prohibited from doing business with such affiliated person or entity. To Buyer’s knowledge, none of the funds or other assets of Buyer constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, and to Buyer’s knowledge, no Embargoed Person has any interest of any nature whatsoever in Buyer (whether directly or indirectly). The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., the Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders regulations promulgated thereunder. 25 8
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development

12. Representations and Warranties of the Withdrawing Limited Partners. (a) Each of the Withdrawing Limited Partners hereby represents and warrants to Buyer as follows:
(i) Each of the Withdrawing Limited Partners owns its respective Limited Partner Interest, and as of the Closing such Limited Partner Interest shall be, free and clear of all liens, charges, encumbrances and other interests of any kind by or through the Administrative Limited Partner or the Investor Limited Partner, as applicable (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws) and has not otherwise assigned, transferred or in any way disposed of any portion of such Limited Partner Interests at any time since its acquisition.
(ii) Neither the execution nor the delivery of this Agreement, the incurrence of the obligations set forth in this Agreement, the consummation of the transactions herein contemplated, nor the compliance with the terms of this Agreement will conflict with, or result in a breach of, any of the terms, conditions, or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan agreement, lease, or other agreement or instrument to which such party is a party or by which such party may be bound.
(iii) Such party has the corporate, limited liability company, or partnership, as applicable, right, power, legal capacity and authority to execute and enter into this Agreement and to execute all other documents and to perform all other acts as may be necessary in connection with the performance of this Agreement.
(iv) Each of the Withdrawing Limited Partners has or will obtain any necessary approvals or consents in connection with the execution of this Agreement by each Withdrawing Limited Partner, and the performance of each Withdrawing Limited Partner’s obligations under this Agreement.
(b) The Administrative Limited Partner hereby represents and warrants to Buyer as follows:
(i) The Administrative Limited Partner will not take any action on behalf of the Withdrawing Limited Partners that would interfere with the performance of this Agreement by any other party or that would adversely affect any of the rights provided for herein. (ii) As of the date hereof, the Administrative Limited Partner has no actual knowledge of any outstanding obligations or amounts owed by the General Partners or the Partnership to the Withdrawing Limited Partners other than payment of the Interest Purchaser Price at Closing in accordance with this Agreement.

13. Representations and Warranties of the General Partners. The General Partners each hereby represents and warrants to the Withdrawing Limited Partners as follows:
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Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
(a) Neither the execution nor the delivery of this Agreement, the incurrence of the obligations set forth in this Agreement, the consummation of the transactions herein contemplated, nor the compliance with the terms of this Agreement will conflict with, or result in a breach of, any of the terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan agreement, lease, or other agreement or instrument to which such party is a party or by which such party may be bound.
(b) There are no amounts owed by the Withdrawing Limited Partners to the General Partner or any of its affiliates.
(c) The General Partner has the right, power, legal capacity and authority to execute and enter into this Agreement and to execute all other documents and to perform all other acts as may be necessary in connection with the performance of this Agreement. (d) No additional approval or consent, including the approval or consent of any lender or credit agency, is necessary in connection with the execution of this Agreement by the General Partner, or the performance of the General Partner’s obligations under this Agreement, except for any such approval or consent as shall be obtained as of the Closing Date. (e) The General Partner will not take any action that would interfere with the performance of this Agreement by any other party or that would adversely affect any of the rights provided for herein.
(f) No interest of the General Partner in the Partnership has been pledged, assigned, conveyed or transferred in whole or in part, and the General Partner owns its interest in the Partnership free and clear of all liens and encumbrances. (g) There is no litigation, action, proceeding, investigation or claim pending or, to the best of the General Partner’s knowledge, threatened against or involving the Partnership, or any interest of any of the parties to the Partnership, or which questions the validity of the Partnership Agreement, and, to the best of the General Partner’s knowledge, after due inquiry, there is no fact or circumstance which could give rise to any such litigation, action, proceeding, investigation or claim.
(h) No Person or entity other than the Partnership, those Persons holding indirect interests through the General Partners, or, to the best knowledge of the General Partner, the Withdrawing Limited Partners, holds any equity or ownership interest in the Apartment Complex, and no Person except the Partnership has the right to any proceeds, after payment of all indebtedness, from the sale, refinancing or leasing of the Apartment Complex, and the Partnership, except to the extent protected by insurance and excluding any risk borne by the lenders, shall bear the risk of loss if the Apartment Complex is destroyed, condemned or diminished in value.

14. Default and Remedies.
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Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
(a) If any Withdrawing Limited Partner fails to perform any of its obligations under this Agreement, then Buyer may do all or any of the following as its sole and exclusive remedy: (i) terminate its obligation to purchase the Limited Partner Interests, or (ii) bring an action for specific performance of such Withdrawing Limited Partner’s obligation to sell its Limited Partner Interest pursuant to this Agreement. Such remedies shall be cumulative and not exclusive and shall be in addition to any and all other remedies Buyer may have pursuant to this Agreement, at law or in equity. Without limiting the generality of the foregoing, such remedies shall not limit Buyer’s ability to enforce any indemnification or other obligation hereunder, nor limit Buyer in bringing an action for violation of the representations and warranties made hereunder.
(b) If Buyer fails to perform any of its obligations under this Agreement, then the Withdrawing Limited Partners may (i) terminate their obligation to sell the Limited Partner Interests, or (ii) bring an action for specific performance of Buyer’s obligation to buy the Limited Partner Interests or perform such unperformed obligation required pursuant to this Agreement. Such remedies shall be cumulative and not exclusive and shall be in addition to any and all other remedies the Withdrawing Limited Partners may have pursuant to this Agreement, at law or in equity. Without limiting the generality of the foregoing, such remedies shall not limit the Withdrawing Limited Partners’ ability to enforce any indemnification or other obligation hereunder, nor limit the Withdrawing Limited Partners in bringing an action for violation of the representations and warranties made hereunder.

15. Notices. Any notice, demand or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be delivered personally to the party or to an officer of the party to whom the same is directed, deposited with Federal Express or another reliable overnight courier service for next day delivery, or sent by regular, registered or certified mail, or sent by electronic mail or facsimile, addressed to the person to whom directed at the following address, or to such other address as such party may from time to time specify by notice to the parties. Any such notice shall be deemed to be delivered, given and received for all purposes as of the date so delivered, if delivered personally, or if sent by the manner specified in this Section 15, as of the date of delivery. Any party may from time to time specify a different address by choice to the other parties.
(a) If to Buyer:

Housing Authority of the City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attention: Executive Director
Telephone No.: (925) 252-4034
Facsimile No.:

Email: [email protected]
(b) If to the Partnership and/or the General Partners and/or Guarantors:

AHCDC Gateway LLC
c/o Affordable Housing CDC, Inc.
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Gateway Mixed Use Development
9 Cushing, Suite 275
Irvine, CA 92618
Attention: Joe Stalzer
Telephone No.: (949) 923-7815
Facsimile No.: (949) 388-2158
Email:
and
Domus Development, LLC
9 Cushing, Suite 200
Irvine, CA 92618
Attention: Monique Hastings
Telephone No.: (949) 923-7800
Facsimile No.: (949) 585-0449
Email:
and
Newport Partners, LLC
9 Cushing, Suite 200
Irvine, CA 92618
Attention: Monique Hastings
Telephone No.: (949) 923-7800
Facsimile No.: (949) 585-0449
Email:
(c) If to the Administrative Limited Partner:
c/o Alliant Asset Management Company, LLC
26050 Mureau Road, Suite 200
Calabasas, CA 91302
Attention: Brian Goldberg
Telephone No.: (818) 668-6800
Facsimile No.: (818) 668-2828
Email: [email protected]
with a copy to:

Alliant Asset Management Company, LLC
26050 Mureau Road, Suite 200
Calabasas, CA 91302
Attention: General Counsel
Telephone No.: (818) 668-6800
Facsimile No.: (818) 668-2828
Email: [email protected]
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(d) If to the Investor Limited Partner:
c/o Alliant Capital, Ltd.
26050 Mureau Road, Suite 200
Calabasas, CA 91302
Attention: Brian Goldberg
Telephone No.: (818) 668-6800
Facsimile No.: (818) 668-2828
Email: [email protected]
with a copy to:

Alliant Asset Management Company, LLC
26050 Mureau Road, Suite 200
Calabasas, CA 91302
Attention: General Counsel
Telephone No.: (818) 668-6800
Facsimile No.: (818) 668-2828
mail: [email protected]

16. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties, their successors and permitted assigns.

17. Merger and Integration. This Agreement, together with the Exhibits and Schedules hereto, and any documents specifically referred to herein and executed in connection with this Agreement, contain the sole and entire understanding and agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, and agreements between and among them respecting the subject matter hereof, whether oral or written.

18. Termination; Modification and Waiver. This Agreement may not be terminated or otherwise amended, changed, modified or supplemented without the express written agreement of each of the parties to this Agreement, nor shall there be any waiver or estoppel by the parties to this Agreement, except by a written instrument signed by each of the parties to this Agreement.

No waiver, express or implied, by any party to this Agreement of any default hereunder shall be deemed a waiver of any other or succeeding default hereunder.

19. Construction of Agreement. Every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any party. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the person or persons may require.

Section and other headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. 30 13
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development

20. Headings. Section and other headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof.

21. Severability. Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the Agreement.

22. Survival. All of the terms and provisions of this Agreement shall survive and remain in effect after the Effective Date and shall survive Closing.

23. Advice of Counsel; Agreement to be Bound. As evidenced by its execution of this Agreement hereinbelow, each party hereto represents and warrants that such party has read and fully understands the terms and provisions of this Agreement, has had an opportunity to review this Agreement with legal counsel, has executed this Agreement based upon such party’s own judgment and advice of independent legal counsel, and agrees, on behalf of itself, and its permitted successors and assigns to be bound to each of the terms and provisions set forth herein.

24. Costs and Fees. Each party shall pay its own legal fees and expenses incidental to the execution of this Agreement and the consummation of the transactions contemplated hereby.

The Partnership shall pay all applicable transfer taxes and impositions payable to any municipal, county, state or federal authority or instrumentality which are assessed or imposed with respect to the transfer of the Limited Partner Interests contemplated hereby.

25. Professional Fees. In the event that any court or arbitration proceeding is brought under or in connection with this Agreement, the prevailing party in such proceeding (whether at trial or on appeal) shall be entitled to recover from the other party all costs, expenses and fees incurred by such party including without limitation, attorneys’ fees, accountants’ fees, expert- witness fees, and other related expenses incident to any such proceeding.

26. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and instruments and perform such additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby. The Co-General Partner shall be responsible for filing any required amendments to the Certificate.

27. Time of Essence. The parties hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof.

28. Business Days. If the time for the performance of any act, giving of notice, or making any payment falls on a Saturday, Sunday, or legal holiday, such time for performance shall be extended to the next business day.

29. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Delivery of a counterpart of this Agreement by facsimile transmittal, in portable 31 14
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
document format (PDF) or by any other commonly utilized electronic means shall be effective as delivery of a manually executed original counterpart of this Agreement.

30. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles.

31. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT

MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT

NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS

REPRESENTED, EXPRESSLY OR OTHERWISE THAT SUCH OTHER PARTY

WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE

FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER

PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY,

AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
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[Signatures commence on the following page.]
32 S - 1
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
IN WITNESS WHEREOF, the undersigned have acknowledged and executed this Agreement as of the Effective Date.

BUYER:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG,
a public body, corporate and politic
By:

Garrett Evans, Executive Director
PARTNERSHIP:

GATEWAY MIXED USE DEVELOPMENT,
a California limited partnership
By: AHCDC Gateway LLC,
a California limited liability company,
its managing general partner
By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By:

Joe Stalzer, Executive Director
By: DOMUS DEVELOPMENT, LLC,
a California limited liability company,
its co-general partner
By: MNJ Development, LLC,
a California limited liability company,
its member
By: Newport Partners, LLC,
a California limited liability company,
its member
By: ______________________________
Michael Limb, Manager
[Signatures continue on the following pages.]
33 S - 2
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
MANAGING GENERAL PARTNER:

AHCDC GATEWAY LLC,
a California limited liability company
By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By:

Joe Stalzer, Executive Director
CO-GENERAL PARTNER AND GUARANTOR:

DOMUS DEVELOPMENT, LLC,
a California limited liability company
By: MNJ Development, LLC,
a California limited liability company,
its member
By: Newport Partners, LLC,
a California limited liability company,
its member
By: ______________________________
Michael Limb, Manager
GUARANTOR:

NEWPORT PARTNERS, LLC,
a California limited liability company
By: ______________________________
Michael Limb, Manager
[Signatures continue on the following page.]
34 S - 3
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development
WITHDRAWING LIMITED PARTNERS:

INVESTOR LIMITED PARTNER:

ALLIANT TAX CREDIT FUND 31-A, LTD.,
a Florida limited partnership
By: Alliant GP 31-A, LLC,
a Florida limited liability company,
its general partner
By:

Brian Goldberg, President
ADMINISTRATIVE LIMITED PARTNER:

ALLIANT TAX CREDIT 31, LLC,
a Florida limited liability company
By: Alliant Capital, Ltd.,
a Florida limited partnership,
its sole member
By: WDAGP, LLC,
a Delaware limited liability company,
its general partner
By:

Brian Goldberg, President
[End of signature pages.]
35 A - 1
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development

EXHIBIT A

ASSIGNMENT AND ASSUMPTION OF INVESTOR LIMITED PARTNER INTEREST

AND ADMINISTRATIVE LIMITED PARTNER INTEREST
AND

SECOND AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP
OF

GATEWAY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
[Attached]
36 B - 1
Agreement to Transfer Partnership Interests
Gateway Mixed Use Development

EXHIBIT B

POST-TRANSFER INDEMNIFICATION AGREEMENT
[Attached]
37 1
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development

ASSIGNMENT AND ASSUMPTION OF INVESTOR LIMITED PARTNER INTEREST

AND ADMINISTRATIVE LIMITED PARTNER INTEREST
AND

SECOND AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP
OF

GATEWAY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
This ASSIGNMENT AND ASSUMPTION OF INVESTOR LIMITED PARTNER

INTEREST AND ADMINISTRATIVE LIMITED PARTNER INTEREST AND SECOND

AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED

PARTNERSHIP OF GATEWAY MIXED USE DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP, is made effective as of _________, 2022 (the “Effective Date”), by and among ALLIANT TAX CREDIT FUND 31-A, LTD., a Florida limited partnership (the “Investor Limited Partner”), ALLIANT TAX CREDIT 31, LLC, a Florida limited liability company (the “Administrative Limited Partner”) (the Investor Limited Partner and the Administrative Limited Partner are hereinafter collectively referred to as the “Assignors”), the HOUSING AUTHORITY OF THE CITY OF PITTSBURG, a public body, corporate and politic (the “Assignee”), GATEWAY MIXED USE DEVELOPMENT, a California limited partnership (the “ Partnership”), AHCDC GATEWAY LLC, a California limited liability company (the Managing General Partner”) and DOMUS DEVELOPMENT, LLC, a California limited liability company, in its capacity as the co-general partner of the Partnership (the “Co-General Partner” and “Guarantor” and together with the Managing General Partner, collectively, the “General Partners” ”), and NEWPORT PARTNERS, LLC, a California limited liability company (together with the Co-General Partner, collectively, “Guarantor” or “ Guarantors”) and together with the Partnership and General Partners, collectively, the “Non-Assigning Parties”).

R E C I T A L S
WHEREAS, the Partnership is governed by that certain Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of March 1, 2006, as amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Amendment to Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of June 23, 2006 (collectively, the “Partnership Agreement”); WHEREAS, pursuant to the Partnership Agreement, the Investor Limited Partner is the owner and holder of all of the investor limited partner interests in the Partnership (the “ILP Interest”) and Administrative Limited Partner is the owner and holder of all of the administrative limited partner interests in the Partnership (the “ALP Interest,” and together with the ILP Interest, collectively, the “Assigned Interests”);
WHEREAS, Section 10.1 of the Partnership Agreement permits Assignors to make assignments of the Assigned Interests to Assignee;
38 2
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development
WHEREAS, Section 10.2 of the Partnership Agreement authorizes the substitution of Assignee as a Substituted Partner;
WHEREAS, the Investor Limited Partner wishes to assign the ILP Interest to Assignee, as of the Effective Date, and Assignee wishes to accept such assignment of the ILP Interest for the consideration and upon the terms and conditions hereinafter set forth; WHEREAS, the Administrative Limited Partner wishes to assign the ALP Interest to Assignee, as of the Effective Date, and Assignee wishes to accept such assignment of the ALP Interest for the consideration and upon the terms and conditions hereinafter set forth; WHEREAS, Assignee is willing to undertake all of the remaining obligations of the Investor Limited Partner under the Agreement (the “ ILP Obligations”) and all of the remaining obligations of the Administrative Limited Partner under the Partnership Agreement (the “ALP Obligations,” and together with the ILP Obligations, collectively, the “Obligations”); and WHEREAS, the Non-Assigning Parties desire to acknowledge such under-taking of the respective Obligations by Assignee and to release the respective Assignors from the Obligations.

NOW, THEREFORE, with the foregoing Recitals incorporated herein by reference and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

A G R E E M E N T

1. Capitalized terms used but not defined herein shall have the respective meanings attributed thereto in the Partnership Agreement.

2. The Investor Limited Partner hereby assigns to Assignee and Assignee hereby accepts from the Investor Limited Partner, one hundred percent (100%) of the Investor Limited Partner’s right, title and interest in and to the ILP Interest. The ILP Interest consists of the Investor Limited Partner’s entire right to allocations of profits, gain, income, losses, and tax credits, and all items entering into the computation thereof, and to distributions of cash, however denominated under the Partnership Agreement from and after the Effective Date.

3. In consideration of the assignment effected hereby, Assignee hereby assumes and agrees to discharge all of the ILP Obligations.

4. The Administrative Limited Partner hereby assigns to Assignee and Assignee hereby accepts from the Administrative Limited Partner, one hundred percent (100%) of the Administrative Limited Partner’s right, title, and interest in and to the ALP Interest. The ALP Interest consists of the Administrative Limited Partner’s entire right to allocations of profits, gain, income, losses, and tax credits, and all items entering into the computation thereof, and to distributions of cash, however denominated under the Partnership Agreement from and after the Effective Date.

5. In consideration of the assignment effected hereby, Assignee hereby assumes and agrees to discharge all of the ALP Obligations.
39 3
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development

6. The Non-Assigning Parties hereby (i) acknowledge the assignment of the Assigned Interests and assumption by Assignee of the respective Obligations pursuant to this agreement, and (ii) release Assignors from all of their respective Obligations. Accordingly, from and after the Effective Date, Assignee shall be responsible for all of the obligations of the Assignors under the Partnership Agreement.

7. By its execution hereof, Assignee hereby agrees to become a Substituted Partner of the Partnership and, subject to the foregoing provisions of this agreement, agrees to be bound (to the same extent as Assignors were bound) by the Project Documents, and by the provisions of the Partnership Agreement as they relate to the Assignors or the respective Assigned Interests.

8. Assignee is hereby admitted for all purposes of the Partnership Agreement.

9. The Investor Limited Partner represents, warrants and covenants to Assignee that (i) the Investor Limited Partner is the sole owner of the ILP Interest, free and clear of all liens, charges, encumbrances and other interests of any kind by or through the Investor Limited Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws), (ii) the Investor Limited Partner is free to effect the assignment of the ILP Interest as provided herein, and (iii) the Investor Limited Partner will take no action inconsistent with or in derogation of the assignment of the ILP Interest effected hereunder.

10. Assignee represents, warrants and covenants to the Investor Limited Partner that Assignee is free to acquire the ILP Interest as provided herein and such acquisition does not violate any law or constitute a default under any agreement to which Assignee is a party or by which Assignee is bound.

11. The Administrative Limited Partner represents, warrants and covenants to Assignee that (i) the Administrative Limited Partner is the sole owner of the ALP Interest, free and clear of all liens, charges, encumbrances and other interests of any kind by or through the Administrative Limited Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws), (ii) the Administrative Limited Partner is free to effect the assignment of the ALP Interest as provided herein, and (iii) the Administrative Limited Partner will take no action inconsistent with or in derogation of the assignment of the ALP Interest effected hereunder.

12. Assignee represents, warrants and covenants to the Administrative Limited Partner that Assignee is free to acquire the ALP Interest as provided herein and such acquisition does not violate any law or constitute a default under any agreement to which Assignee is a party or by which Assignee is bound.

13. The parties hereto hereby confirm the continuing validity and enforceability of the Partnership Agreement, acknowledging that Assignee shall succeed to all rights and obligations of Assignors thereunder as of the Effective Date. This provision shall be construed to amend the Partnership Agreement to the extent necessary to reflect the admission of the Assignee to the Partnership and to give effect to the other provisions of this agreement. 40 4
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development

14. The parties agree that the assignment of the Assigned Interests, the admission of the Assignee to the Partnership and the other transactions effected hereby shall be effective for all purposes as of the Effective Date.

15. The parties hereto agree to cooperate in good faith to effect any further amendments to the Partnership Agreement or Project Documents and to take such other steps as may be necessary or appropriate in order to more fully reflect and further evidence the assignment of the Assigned Interests and the other transactions effected hereby.

16. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

Delivery of a counterpart of this agreement by facsimile transmittal, in portable document format (PDF) or by any other commonly utilized electronic means shall be effective as delivery of a manually executed original counterpart of this agreement.

17. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT

MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT

NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS

REPRESENTED, EXPRESSLY OR OTHERWISE THAT SUCH OTHER PARTY

WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE

FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER

PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY,

AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
[Remainder of this page is intentionally left blank.]
[Signatures commence on the following page.]
41 S - 1
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development
IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed as of the Effective Date.

ASSIGNORS:

INVESTOR LIMITED PARTNER:

ALLIANT TAX CREDIT FUND 31-A, LTD.,
a Florida limited partnership
By: Alliant GP 31-A, LLC,
a Florida limited liability company,
its general partner
By:

Brian Goldberg, President
ADMINISTRATIVE LIMITED PARTNER:

ALLIANT TAX CREDIT 31, LLC,
a Florida limited liability company
By: Alliant Capital, Ltd.,
a Florida limited partnership,
its sole member
By: WDAGP, LLC,
a Delaware limited liability company,
its general partner
By:

Brian Goldberg, President
[Signatures continue on the following pages.]
42 S - 2
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development
ASSIGNEE:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG,
a public body, corporate and politic
By:

Garrett Evans, Executive Director
PARTNERSHIP:

GATEWAY MIXED USE DEVELOPMENT,
a California limited partnership
By: AHCDC Gateway LLC,
a California limited liability company,
its managing general partner
By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By:

Joe Stalzer, Executive Director
By: DOMUS DEVELOPMENT, LLC,
a California limited liability company,
its co-general partner
By: MNJ Development, LLC,
a California limited liability company,
its member
By: Newport Partners, LLC,
a California limited liability company,
its member
By: ______________________________
Michael Limb, Manager
[Signatures continue on the following pages.]
43 S - 3
Assignment of Limited Partner Interests and LPA Amendment Gateway Mixed Use Development
MANAGING GENERAL PARTNER:

AHCDC GATEWAY LLC,
a California limited liability company
By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By:

Joe Stalzer, Executive Director
CO- GENERAL PARTNER AND GUARANTOR:

DOMUS DEVELOPMENT, LLC,
a California limited liability company
By: MNJ Development, LLC,
a California limited liability company,
its member
By: Newport Partners, LLC,
a California limited liability company,
its member
By: ______________________________
Michael Limb, Manager
GUARANTOR:

NEWPORT PARTNERS, LLC,
a California limited liability company
By: ______________________________
Michael Limb, Manager
[End of signature pages.]
44 Assignment and Assumption of Managing General Partner Interest and Third Amendment to LPA Gateway Mixed Use Development
151575443.1
2196\02\3359273.2

ASSIGNMENT AND ASSUMPTION OF MANAGING GENERAL PARTNER

INTEREST
AND

THIRD AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP
OF

GATEWY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
This ASSIGNMENT AND ASSUMPTION OF MANAGING GENERAL PARTNER

INTEREST AND THIRD AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP OF GATEWAY MIXED USE
DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP, is made effective as of September 23, 2022 (the “Effective Date ”), by and among HOUSING AUTHORITY OF THE CITY OF PITTSBURG, a public body, corporate and politic (the “Limited Partner”), GATEWAY MIXED USE DEVELOPMENT, a California limited partnership (the “Partnership”), AHCDC GATEWAY LLC, a California limited liability company (the “Managing General Partner ” or “Assignor”), SPECTRUM GP LLC, a California limited partnership (the “New Managing General Partner” or “Assignee”) and DOMUS DEVELOPMENT, LLC, a California limited liability company (the “Co-General Partner”).

R E C I T A L S
WHEREAS, the Partnership is governed by that certain Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of March 1 , 2006, as amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership, dated as of June 23, 2006, as further amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership dated as of September __, 2022 (collectively, the “Partnership Agreement”); WHEREAS, pursuant to the Partnership Agreement, the Assignor is the owner and holder of all of the managing general partner interests in the Partnership (the “MGP Interest” or the “Assigned Interest”);
WHEREAS, Section 11.1 of the Partnership Agreement permits the Assignor to make assignments of the Assigned Interest to the Assignee;
45 2
2196\02\3359273.2
WHEREAS, the Assignor wishes to assign the MGP Interest to the Assignee as of the Effective Date, and the Assignee wishes to accept such assignment of the MGP Interest for the consideration and upon the terms and conditions hereinafter set forth; WHEREAS, the Assignee wishes to assume the MGP Interest and is willing to undertake all of the remaining obligations of the Assignor under the Partnership Agreement (the “ MGP Obligations”); and
WHEREAS, the parties desire to acknowledge such undertaking of the MGP Obligations by the Assignee and to release the Assignor from the MGP Obligations.

NOW, THEREFORE, with the foregoing Recitals incorporated herein by reference and made a part hereof, and in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the respective undertakings and agreements hereinafter set forth, the parties hereby agree as follows:

A G R E E M E N T

1. Capitalized terms used but not defined herein shall have the respective meanings attributed thereto in the Partnership Agreement.

2. The Assignor hereby assigns to the Assignee and the Assignee hereby accepts from the Assignor one hundred percent (100%) of the Assignor’s ’s right, title and interest in and to the MGP Interest. The MGP Interest consists of the Assignor’s entire right to allocations of profits, gain, income, losses, and tax credits, and all items entering into the computation thereof, and to distributions of cash, however denominated under the Partnership Agreement from and after the Effective Date.

3. In consideration of the assignment effected hereby, the Assignee hereby assumes and agrees to discharge all of the MGP Obligations and is hereby admitted for all purposes of the Partnership Agreement.

4. The parties hereby (i) acknowledge the assignment of the MGP Interest and assumption by the New Managing General Partner of the MGP Interest and the MGP Obligations pursuant to this agreement and (ii) release the Managing General Partner from all of the MGP Obligations as of the Effective Date. Accordingly, from and after the Effective Date, the New Managing General Partner shall be responsible for all of the obligations of the Managing General Partner under the Partnership Agreement from and after the Effective Date.

5. The Managing General Partner represents, warrants and covenants to the Assignee that (i) the Managing General Partner is the sole owner of the MGP Interest, free and clear of all liens, charges, encumbrances, security interests or claims of third parties of any kind or description by or through the Managing General Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws); (ii) subject to obtaining the Third Party Approvals, the Managing General Partner is free to effect the assignment of the MGP Interest as provided herein and such assignment does not constitute a default under any agreement to which the Managing General Partner is a party or by which the Managing 46 3
2196\02\3359273.2
General Partner is bound; and (iii) the Managing General Partner will take no action inconsistent with or in derogation of the assignment of the MGP Interest effected hereunder.

6. The New Managing General Partner represents, warrants and covenants to the Managing General Partner that the New Managing General Partner is free to acquire the MGP Interest as provided herein and such acquisition does not violate any law or constitute a default under any agreement to which the New Managing General Partner is a party or by which the New Managing General Partner is bound.

7. The parties hereto hereby confirm the continuing validity and enforceability of the Partnership Agreement, acknowledging that the New Managing General Partner shall succeed to all rights and obligations of the Managing General Partner thereunder as of the Effective Date.

This provision shall be construed to amend the Partnership Agreement to the extent necessary to reflect the admission of the New Managing General Partner to the Partnership and to give effect to the other provisions of this agreement.

8. The parties agree that the assignment of the MGP Interest, the admission of the New Managing General Partner to the Partnership and the other transactions effected hereby shall be effective for all purposes as of the Effective Date.

9. The parties hereto agree to cooperate in good faith to effect any further amendments to the Partnership Agreement or Project Documents and to take such other steps as may be necessary or appropriate in order to more fully reflect and further evidence the assignment of the MGP Interest and the other transactions effected hereby.

10. This instrument may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties have not signed the original or the same counterpart.

11. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY

HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO

REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS

REPRESENTED, EXPRESSLY OR OTHERWISE THAT SUCH OTHER PARTY WOULD

NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER,

AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN

INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
[Remainder of this page is intentionally left blank.]
[Signatures commence on the following page.]
47 4
2196\02\3359273.2
IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed and delivered as a sealed instrument as of the Effective Date.

LIMITED PARTNER:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG,
a California public body, corporate and politic
By:

Name: Garrett Evans
Its: Executive Director
PARTNERSHIP:

GATEWAY MIXED USE DEVELOPMENT,
a California limited partnership
By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By:

Joe Stalzer, Executive Director
By: Domus Development, LLC,
a California limited liability company,
its Administrative general partner
By:
[Signatures continue on the following page.]
48 5
2196\02\3359273.2
MANAGING GENERAL PARTNER AND ASSIGNOR:

AHCDC GATEWAY LLC,
a California limited liability company

By: Affordable Housing CDC, Inc.,
a California nonprofit public benefit corporation,
its sole member
By: ______________________________
Joe Stalzer, Executive Director
[Signatures continue on the following page.]
49 6
2196\02\3359273.2
CO- GENERAL PARTNER:

DOMUS DEVELOPMENT, LLC,
a California limited liability company

By: ______________________________
[Signatures continue on the following pages.]
50 7
2196\02\3359273.2
NEW MANAGING GENERAL PARTNER AND ASSIGNEE:

SPECTRUM GP LLC,
a California limited liability company

By: ______________________________
[End of signature pages.]
51 1
___________ Amendment
Gateway Mixed Use Development
151575443.1
2196\02\3359895.2

FOURTH AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP
OF

GATEWAY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
This FOURTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT

OF LIMITED PARTNERSHIP OF GATEWAY MIXED USE DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP (the “Amendment”), is made effective as of September __, 2022 (the “Effective Date ”), by and among HOUSING AUTHORITY OF THE CITY OF PITTSBURG , a public body, corporate and politic (the “Limited Partner”), GATEWAY MIXED USE DEVELOPMENT, a California limited partnership (the “Partnership”), SPECTRUM GP LLC, a California limited liability company (the “ Managing General Partner”), and DOMUS DEVELOPMENT, LLC, a California limited liability company (the “Co-General Partner”).

R E C I T A L S
WHEREAS, the Partnership is governed by that certain Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of March 1, 2006 (the “ Original Agreement”), as amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Amendment (the “First Amendment”) to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership dated as of June 23, 2006, and as further amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership dated as of ____________________, 2022 (the “Second Amendment”; collectively with the Original Agreement and the First Amendment, the “Partnership Agreement”);
WHEREAS, pursuant to the Second Amendment, the Housing Authority of the City of Pittsburg acquired the ILP Interest and ALP Interest from the Investor Limited Partner and the Administrative Limited Partner, respectively, of the Partnership (collectively, the “Limited Partner Interests”); and
WHEREAS, the Administrative General Partner desires to grant the Limited Partner and its affiliates (the “Buyer”) the option to purchase the Administrative General Partner’s administrative general partner interest (the “AGP Interest”) in the Partnership, subject to certain terms and conditions, as hereinafter provided; and
WHEREAS, the Managing General Partner desires to grant the Buyer the option to purchase the Managing General Partner’s managing general partner interest (the “MGP Interest”) in the Partnership, subject to certain terms and conditions, as hereinafter provided. 52 2
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NOW, THEREFORE, with the foregoing Recitals incorporated herein by reference and made a part hereof, and in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the respective undertakings and agreements hereinafter set forth, the parties hereby agree as follows:

A G R E E M E N T

1. Capitalized terms used but not defined herein shall have the respective meanings attributed thereto in the Partnership Agreement.

2. Contemporaneously with the execution and delivery of this Amendment, the Investor Limited Partner shall make a capital contribution to the Partnership in the amount of $__________, for the purpose of (i) fully repaying the outstanding principal of and all accrued and unpaid interest on the Bond Loan, and any reconveyance fee or other costs, to the Bond Lender, and (ii) funding the Partnership Management Fee for the first nine months of 2022. The repayment of the Bond Loan shall be effectuated by the Partnership by wire transfer to the Bond Lender in the amount of $__________ and the Partnership shall establish Partnership reserves in the approximate amount of $__________ when refunded to the Partnership from the reserves held by the Bond Lender.

3. The Administrative General Partner hereby grants the Buyer the option to purchase (the “AGP Purchase Option”) the Administrative General Partner’s AGP Interest in the Partnership, after December 31, 2025, for the consideration of (i) One Hundred Dollars ($100.00), and (ii) the allocation of ninety-nine and ninety-eight hundredths percent (99.98%) of the tax losses generated by the Partnership for the Fiscal Years 2022 and 2023 (and in any subsequent Fiscal Year in which tax losses are generated) to the Administrative General Partner by the Partnership, such tax losses being the tax losses previously allocable to the Investor Limited Partner Interest. (a) The Buyer shall deliver written notice to the Administrative General Partner of the Buyer’s exercise of the AGP Purchase Option (the “AGP Purchase Option Notice”). Notice may be delivered at any time beginning December 1, 2024, but must provide at least one year’s notice of the effective date of transfer of the AGP Interest. Notice shall state that the Buyer is exercising its option and provide an estimated closing date no earlier than January 1, 2026 (i.e., a closing date not less than one year after the delivery of such notice). Notice shall state the entity that will purchase the AGP Interest. Such entity will be the Buyer or an affiliate of the Buyer. (b) The Administrative General Partner shall assign its AGP Interest to the Buyer by executing and delivering that certain Withdrawal of Administrative General Partner and Assignment and Assumption of Administrative General Partner Interest and _____ Amendment to Amended and Restated Agreement of Limited Partnership of the Partnership (the “Assignment”), in the form attached hereto as Exhibit A; provided, however, that the effective date of the Assignment shall be subject to (i) obtaining all Third Party Approvals therefor (as hereinafter provided) and (ii) if management is also being transferred, obtaining all Third Party Approvals for the transfer of management of the Apartment Complex from the Administrative General Partner’s Affiliate, Domus Management Company (the “Management Agent”), to the entity designated by 53 3
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the Buyer, and shall not be prior to the effective date of such transfer of management after not less than thirty (30) days’ notice of transfer has been provided to the Management Agent under the Management Agreement (as hereinafter defined).
(c) The Buyer and the Administrative General Partner shall work together to obtain the consent of all third parties under the Project Documents, including, without limitation, all applicable state agencies, and all Lenders, as applicable, to the transactions contemplated in this Agreement (collectively, the “Third Party Approvals”). The Administrative General Partner agrees to timely deliver to the Buyer upon request all information reasonably necessary for the preparation of the requests to be submitted in order to obtain the Third Party Approvals. (d) As used herein, the term “Management Agreement” means the management agreement dated January 1, 2022, between the Management Agent and the Partnership, which notwithstanding any contrary provision of the Management Agreement shall remain in effect through the effective date of the Assignment, as determined pursuant to Section 3(b) hereof.
(e) Nothing herein shall affect the Limited Partner’s rights under the Partnership Agreement or the Management Agreement to require the replacement of the Management Agent for cause prior to the exercise of the AGP Purchase Option; provided, however, that each of the Administrative General Partner and the Managing General Partner shall have the option to withdraw as a general partner of the Partnership effective contemporaneously with such replacement.

4. The Managing General Partner hereby grants the Buyer the option to purchase (the “MGP Purchase Option”) the Managing General Partner’s MGP Interest in the Partnership, after December 31, 2025, for the consideration of One Hundred Dollars ($100.00). (a) The Buyer shall deliver written notice to the Managing General Partner of the Buyer’s exercise of the MGP Purchase Option (the “MGP Purchase Option Notice”). Notice may be delivered at any time beginning December 1, 2024, but must provide at least one year’s notice of the effective date of transfer of the MGP Interest. Notice shall state that the Buyer is exercising its option and provide an estimated closing date no earlier than January 1, 2026 (i.e., a closing date not less than one year after the delivery of such notice). Notice shall state the entity that will purchase the MGP Interest. Such entity will be the Buyer or an affiliate of the Buyer. (b) The Managing General Partner shall assign its MGP Interest to the Buyer by executing and delivering that certain Withdrawal of Managing General Partner and Assignment and Assumption of Managing General Partner Interest and _____ Amendment to Amended and Restated Agreement of Limited Partnership of the Partnership (the “Assignment”), substantially similar to the form attached hereto as Exhibit A; provided, however, that the effective date of the Assignment shall be subject to (i) obtaining all Third Party Approvals therefor (as hereinafter provided) and (ii) if management is also being transferred, obtaining all Third Party Approvals for the transfer of management of the Apartment Complex from the Management Agent to the entity designated by the Buyer, and shall not be prior to the effective date of such transfer of management 54 4
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after not less than thirty (30) days’ notice of transfer has been provided to the Management Agent under the Management Agreement.
(c) The Buyer and the Managing General Partner shall work together to obtain the Third Party Approvals. The Managing General Partner agrees to timely deliver to the Buyer upon request all information reasonably necessary for the preparation of the requests to be submitted in order to obtain the Third Party Approvals.

5. Notwithstanding any contrary provision hereof, it is intended that the assignment of the AGP Interest and the MGP Interest shall be effectuated contemporaneously and, if so, the AGP Purchase Option Notice and MGP Purchase Option Notice may be given by the Buyer pursuant to the same written notice, all parties shall cooperate to obtain the Third Party Approvals and the assignments of the AGP Interest and MGP Interest may be made pursuant to the same instrument.

6. The Administrative General Partner represents, warrants and covenants to the Buyer that (i) the Administrative General Partner is the sole owner of the AGP Interest, free and clear of all liens, charges, encumbrances, security interests or claims of third parties of any kind or description by or through the Administrative General Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws); (ii) subject to obtaining the Third Party Approvals, the Administrative General Partner is free to effect the assignment of the AGP Interest as provided herein and such assignment does not constitute a default under any agreement to which the Administrative General Partner is a party or by which the Administrative General Partner is bound; and (iii) the Administrative General Partner will take no action inconsistent with or in derogation of the transfer and assignment of the AGP Interest to the Buyer.

7. The Managing General Partner represents, warrants and covenants to the Buyer that (i) the Managing General Partner is the sole owner of the MGP Interest, free and clear of all liens, charges, encumbrances, security interests or claims of third parties of any kind or description by or through the Managing General Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws); (ii) subject to obtaining the Third Party Approvals, the Managing General Partner is free to effect the assignment of the MGP Interest as provided herein and such assignment does not constitute a default under any agreement to which the Managing General Partner is a party or by which the Managing General Partner is bound; and (iii) the Managing General Partner will take no action inconsistent with or in derogation of the transfer and assignment of the MGP Interest to the Buyer.

8. The Buyer represents, warrants and covenants to the Administrative General Partner that the Buyer is or will be free to acquire the AGP Interest as provided herein and such acquisition does not violate any law or constitute a default under any agreement to which the Buyer is a party or by which the Buyer is bound.
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9. In order to effectuate the allocation of the tax losses generated by the Partnership as contemplated in this Agreement, Section 9.1G of the Partnership Agreement is hereby modified and amended as follows:
“Notwithstanding the foregoing, tax losses for the Fiscal Years 2022 and 2023 and for any tax losses thereafter previously allocable to the Partners with the Limited Partner Interests shall be allocable to the Administrative General Partner, such tax losses constituting 99.98% of the tax losses of the Partnership for each of such Fiscal Years and all items entering into the calculation thereof. The foregoing allocation of losses to the Administrative General Partner shall continue through the effective date of the Administrative General Partner’s withdrawal from the Partnership pursuant to the Assignment.”
In the event that the Limited Partner provides project-based Section 8 to the Project for all or a substantial portion of the residential rental units of the Project, all income associated with the project-based Section 8 for such units for the Fiscal Year in which Section 8 income is provided will be specially allocated to the Investor Limited Partner and in any subsequent Fiscal Year thereafter tax losses shall be allocated as originally provided in the Partnership Agreement.

10. The parties hereto hereby confirm the continuing validity and enforceability of the Partnership Agreement; provided, however, that the parties hereto agree that Sections 3.4, 3.8.

3.10, 3.11, 3.13, 3.14, 4.1 through 4.3, 7.4 and 9.2A(ix) of the Partnership Agreement shall no longer be applicable and the Limited Partner shall not enforce any provisions of the Guaranty Agreement. This provision shall be construed to amend the Partnership Agreement to the extent necessary to give effect to the other provisions of this Agreement.

11. The parties hereto agree to cooperate in good faith to effect any further amendments to the Partnership Agreement or Project Documents and to take such other steps as may be necessary or appropriate in order to more fully reflect and further evidence the allocation of losses to the Administrative General Partner, the assignments of the AGP Interest and MGP Interest and the other transactions effected hereby.

12. This instrument may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties have not signed the original or the same counterpart.

13. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY

HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO

REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS

REPRESENTED, EXPRESSLY OR OTHERWISE THAT SUCH OTHER PARTY WOULD

NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER,

AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN 56 6
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INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
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IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed and delivered as a sealed instrument as of the Effective Date.

LIMITED PARTNER:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG ,
a public body, corporate and politic
By:

Garrett Evans
Executive Director
PARTNERSHIP:

GATEWAY MIXED USE DEVELOPMENT,
a California limited partnership
By: Spectrum GP LLC,
a California limited liability company,
its managing general partner
By:

By: Domus Development, LLC,
a California limited liability company,
its co- general partner
By:

MANAGING GENERAL PARTNER:

SPECTRUM GP LLC,
a California limited liability company

By: ______________________________
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CO-GENERAL PARTNER:

DOMUS DEVELOPMENT, LLC,
a California limited liability company

By: ______________________________
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BUYER:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG,
a public body, corporate and politic

By: ______________________________
Garrett Evans
Executive Director
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EXHIBIT A

FORM OF ASSIGNMENT
WITHDRAWAL OF ADMINISTRATIVE [MANAGING] GENERAL PARTNER AND ASSIGNMENT AND ASSUMPTION OF ADMINISTRATIVE [MANAGING] GENERAL

PARTNER INTEREST
AND
__________ AMENDMENT TO AMENDED AND RESTATED

AGREEMENT OF LIMITED PARTNERSHIP
OF

GATEWAY MIXED USE DEVELOPMENT,

A CALIFORNIA LIMITED PARTNERSHIP
This WITHDRAWAL OF ADMINISTRATIVE [MANAGING] GENERAL PARTNER AND ASSIGNMENT AND ASSUMPTION OF ADMINISTRATIVE [MANAGING] GENERAL PARTNER INTEREST AND __________ AMENDMENT TO AMENDED

AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF GATEWAY MIXED USE DEVELOPMENT, A CALIFORNIA LIMITED PARTNERSHIP, is made effective as of _________, 202_ (the “Effective Date”), by and among HOUSING AUTHORITY OF THE CITY OF PITTSBURG , a public body, corporate and politic (the “Limited Partner”), GATEWAY MIXED USE DEVELOPMENT, a California limited partnership (the “Partnership”), SPECTRUM GP LLC, a California limited liability company (the “Managing General Partner”), DOMUS DEVELOPMENT, LLC, a California limited liability company (the “Administrative General Partner”), and [CITY AFFILIATE SPE, a California limited liability company] (the “New AGP”). R E C I T A L S
WHEREAS, the Partnership is governed by that certain Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of March 1 , 2006, as amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership, dated as of June 23, 2006, as further amended by that certain Assignment of Investor Limited Partner Interest and Administrative Limited Partner Interest and Second Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership dated as of __________ __, 2022, and as further amended by that certain Third Amendment to Amended and Restated Agreement of Limited Partnership of Gateway Mixed Use Development, a California Limited Partnership dated as of September __, 2022 (collectively, the “Partnership Agreement”); WHEREAS, pursuant to the Partnership Agreement, the Administrative General Partner is the owner and holder of all of the administrative general partner interests in the Partnership (the “AGP Interest” or the “Assigned Interest”);
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WHEREAS, pursuant to the Partnership Agreement, the Administrative General Partner granted to the Buyer the AGP Purchase Option;
WHEREAS, the Buyer has determined that the AGP Purchase Option shall be exercised by the New AGP;
WHEREAS, Section 11.1 of the Partnership Agreement permits Assignor to withdraw and make assignments of the Assigned Interest to Assignee;
WHEREAS, the Administrative General Partner wishes to withdraw from the Partnership as of the Effective Date, and the Managing General Partner wishes to accept such withdrawal of the Administrative General Partner and the assignment of the AGP Interest for the consideration and upon the terms and conditions hereinafter set forth; WHEREAS, the Administrative General Partner wishes to assign the AGP Interest, and the New AGP wishes to assume the AGP Interest and is willing to undertake all of the remaining obligations of Administrative General Partner under the Partnership Agreement (the “AGP Obligations”).

NOW, THEREFORE, with the foregoing Recitals incorporated herein by reference and made a part hereof, and in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the respective undertakings and agreements hereinafter set forth, the parties hereby agree as follows:

A G R E E M E N T

1. Capitalized terms used but not defined herein shall have the respective meanings attributed thereto in the Partnership Agreement.

2. The Administrative General Partner hereby withdraws from the Partnership and the Managing General Partner hereby accepts the Administrative General Partner’s withdrawal from the Partnership. The Administrative General Partner further assigns one hundred percent (100%) of the Administrative General Partner’s right, title and interest in and to the AGP Interest to the New AGP, and the New AGP hereby accepts the AGP Interest.

3. In consideration of the assignment effected hereby, (i) the New AGP shall or has paid to the Administrative General Partner One Hundred Dollars ($100.00), and (ii) the Partnership has allocated ninety-nine and ninety-nine hundredths percent (99.99%) of all losses of the Partnership for the Fiscal Years 2022 and 2023 to the Administrative General Partner. Subject to the foregoing, all of the Administrative General Partner’s entire right to allocations of profits, gain, income, losses, and tax credits, and all items entering into the computation thereof, and to distributions of cash, however denominated under the Partnership Agreement, shall be assigned to the New AGP as of the Effective Date, and, thereafter, the Administrative General Partner shall have no further interest or rights to fees, distributions, or payments as a partner of the Partnership. 62 6
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4. The parties hereby (i) acknowledge the assignment of the AGP Interest and assumption by the New AGP of the AGP Interest and the AGP Obligations pursuant to this agreement and (ii) release the Administrative General Partner from all of the AGP Obligations as of the Effective Date. Accordingly, from and after the Effective Date, the New AGP Partner shall be responsible for all of the obligations of the Administrative General Partner under the Partnership Agreement which arise from and after the Effective Date.

5. The Administrative General Partner represents, warrants and covenants to the Managing General Partner, the Partnership and the New AGP that (i) the Administrative General Partner is the sole owner of the AGP Interest, free and clear of all liens, charges, encumbrances, security interests or claims of third parties of any kind or description by or through the Administrative General Partner (other than those imposed by the terms of the Partnership Agreement, loans, or applicable federal and state securities laws); (ii) subject to obtaining the Third Party Approvals, the Administrative General Partner is free to effect the assignment of the AGP Interest as provided herein and such assignment does not constitute a default under any agreement to which the Administrative General Partner is a party or by which the Administrative General Partner is bound; and (iii) the Administrative General Partner will take no action inconsistent with or in derogation of the assignment of the AGP Interest effected hereunder.

6. The New AGP represents, warrants and covenants to the Administrative General Partner that the New AGP is free to acquire the AGP Interest as provided herein and such acquisition does not violate any law or constitute a default under any agreement to which the Managing General Partner or the New AGP is a party or by which the Managing General Partner or the New AGP is bound.

7. The parties hereto hereby confirm the continuing validity and enforceability of the Partnership Agreement, acknowledging that the New AGP shall succeed to all rights and obligations of the Administrative General Partner thereunder as of the Effective Date. This provision shall be construed to amend the Partnership Agreement to the extent necessary to reflect the admission of the New AGP to the Partnership and to give effect to the other provisions of this agreement.

8. The parties agree that the assignment of the AGP Interest, the withdrawal of the Administrative General Partner from the Partnership, the admission of the New AGP to the Partnership and the other transactions effected hereby shall be effective for all purposes as of the Effective Date.

9. The parties hereto agree to cooperate in good faith to effect any further amendments to the Partnership Agreement or Project Documents and to take such other steps as may be necessary or appropriate in order to more fully reflect and further evidence the assignment of the AGP Interest and the other transactions effected hereby.

10. This instrument may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties have not signed the original or the same counterpart. 63 7
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11. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY

HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO

REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS

REPRESENTED, EXPRESSLY OR OTHERWISE THAT SUCH OTHER PARTY WOULD

NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER,

AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN

INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
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IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed and delivered as a sealed instrument as of the Effective Date.

LIMITED PARTNER:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG ,
a California public body, corporate and politic
By:

Name:

Its: Executive Director
PARTNERSHIP:

GATEWAY MIXED USE DEVELOPMENT,
a California limited partnership
By: Spectrum GP LLC,
a California limited liability company,
its managing general partner
By:

By: Domus Development, LLC,
a California limited liability company,
its Administrative general partner
By:

MANAGING GENERAL PARTNER:

SPECTRUM GP LLC,
a California limited liability company

By: ______________________________
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[Signatures continue on the following page.]
CO-GENERAL PARTNER:

DOMUS DEVELOPMENT, LLC,
a California limited liability company

By: ______________________________
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NEW AGP:
[CITY AFFILIATE SPE],
[a California limited liability company]

By: ______________________________
[End of signature pages.]
67 Housing Authority Minutes 1 of 2 August 15, 2022

CITY OF PITTSBURG

HOUSING AUTHORITY MEETING MINUTES
DATE: August 15, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

CALL TO ORDER
Chair White called the meeting of the Housing Authority to order at 8:09 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, California.

ROLL CALL
Members Craft and Herring were absent and excused.

PRESENTATION

8. Pittsburg Housing Authority Department Overview

CONSENT CALENDAR
Wolfgang Croskey, Pittsburg, commented on Item 12 on the Consent Calendar.

On Motion by Member Floyd, seconded by Member Banales, to adopt and carried by the following vote:

AYES: Banales, Floyd, Killings, Scales-Preston, White
ABSENT: Craft, Herring

9. Minutes of May 16, 2022 and June 20, 2022

10. Disbursement List of May 31, 2022 and June 30, 2022 68 Housing Authority Minutes 2 of 2 August 15, 2022

11. Adoption of a Housing Authority Resolution Approving the Section 8 Management Assessment Program Certification for Fiscal Year End June 30, 2022

12. Adoption of a Housing Authority Resolution Approving the Pittsburg Chamber of Commerce 2022-2023 Lease and Common Area Maintenance Offset

HOUSING AUTHORITY MEMBER REMARKS
There were no Housing Authority Member remarks.

ADJOURNMENT
The Housing Authority was adjourned at 8:40 P.M.

Respectfully submitted,
Alice E. Evenson, Secretary
69 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Amending the Zoning Map for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
This is a public hearing on a request for approval of: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential and 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Single-Family Residential) to PD (Planned Development) District (and associated PD Plan) for the Liberty Residential Subdivision Phase II Project located at 360 Central Avenue in the RS-5 (Single- Family Residential) district. Assessor's Parcel No. 086-151-002. For information purposes, this application also includes consideration of a Vesting Tentative Map for a 17-lot Major Subdivision and Design Review of landscape and architectural plans. On August 9, 2022, the Planning Commission adopted Resolution No. 10196 recommending approval of the proposal in its entirety.

FISCAL IMPACT
One-time revenues related to construction permits and other development fees and exactions (as outlined in the proposed Conditions of Approval) are anticipated with this proposal. There is no impact to the General Fund if this project is approved.

RECOMMENDATION
City Council open the public hearing; take public comment; close the public hearing; then:
(1) adopt a resolution (Attachment 1) approving a General Plan Map amendment, Vesting Tentative Map for a Major Subdivision and Design Review; and (2) introduce, waive further reading, and pass to second reading, an ordinance (Attachment 2) approving a Zoning Map amendment for the project. A condition of approval for the project has been included making approval of the General Plan Map amendment, Vesting Tentative Map for a Major Subdivision and Design Review contingent upon City Council adoption of the ordinance approving the Zoning Map amendment (and associated PD Plan) for Liberty Residential Subdivision Phase II.
70 BACKGROUND
On September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential, 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square-foot minimum lot size) to PD (Planned Development), 3) a Vesting Tentative Map for a 17-lot Major Subdivision; and 4) Design Review.

The Planning Commission held a public hearing to consider Mr. Parsons’ project on August 9, 2022. Following public testimony and deliberations, the Planning Commission unanimously adopted Resolution No. 10196 (Attachment 3), recommending the City Council adopt an ordinance and resolution to approve Liberty Residential Subdivision Phase II, subject to conditions.

Existing Conditions: The parcel is 1.8 acres, designated Low Density Residential and currently zoned RS-5 (Single-Family Residential – 5,000 Square Foot Minimum Lot Size).

The 1.8-acre parcel is located south of Central Avenue, directly behind a 0.65-acre parcel containing an existing, 10,206 square-foot (sq. ft.) church (Hamilton Memorial). The property is located within the Old Town Gateway subarea of the Railroad Avenue Specific Plan (RASP).

The 1.8-acre parcel is vacant and undeveloped. The land is flat and contains seasonal grasses, five palm trees along the east and west perimeter, and seven Callery Pear trees along the east property line near the entrance of the project site. There is a wood fence along the east property line providing separation from the adjacent residential subdivision ‘Terra Nova.’ There is an eight-foot sound wall along the west property line providing separation from the adjacent residential subdivision ‘Liberty Phase I.’ Currently, two free- standing blockades are placed on the east and west side of the existing church building to prevent access to the site from Central Avenue. The south side (rear) of the property is not secured with fencing and contains a remnant Union Pacific Railroad (UPRR) spur track easement which has been quitclaimed to the applicant.

See Photos of the Project Site in Attachment 4.

The project site is approximately one-half-mile from the Pittsburg Center Bay Area Rapid Transit (BART) station and is within a quarter mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387). Additionally, the project site is within one half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, and the Downtown commercial core.

See Map of Surrounding Land Uses in Attachment 5.

Proposed Project: The proposed project would subdivide a 1.8-acre parcel into 17 lots for single-family residential development, similar to adjacent Liberty Phase I subdivision. Four approvals are requested for this project: 1) a General Plan Map Amendment, 2) a Zoning Map Amendment, 3) a Vesting Tentative Map for a Major Subdivision and 4) Design Review. Each approval is discussed in detail below.
71 1. General Plan Map Amendment:

The proposed General Plan Map Amendment would change the parcel’s current land use designation from Low Density Residential, which limits construction to a maximum of 7 dwelling units per acre (du/ac), to Medium Density Residential which allows for the construction of a maximum of 14 du/ac.

See Exhibit A of Attachment 1 (Resolution) for the proposed General Plan Map Amendment.

2. Zoning Map Amendment:

The proposed Zoning Map Amendment would rezone the 1.8-acre project site from RS-5 District to PD (Planned Development) District. The land uses allowed in the proposed PD District would be the same as those allowed in the RS-4 (Single-Family Residential) District.

Specific development regulations for the proposed PD District, as shown in the PD Plan, would be:

Min. Lot Size: 2,000 sq. ft.

Min. Lot Width: 40 ft.

Min. Front Yard (fronting on private street): 4 ft.

Min. Corner Side Yard (next to private street): 4 ft.

Min. Interior Side Yard: 4 ft.

Min. Rear Yard: 4 ft.

Max. Encroachment into a Required Yard: 1 foot
Max. Lot Coverage: 60 percent
Max. Building Height: 28 ft.

The proposed development regulations in the PD Plan (listed above) are the same standards that were approved for the adjacent Liberty Phase I project completed in 2021.

See Exhibit A of Attachment 2 (Ordinance) for the proposed Zoning Map Amendment and PD Plan (Development Regulations).

3. Vesting Tentative Map for a Major Subdivision:

The proposed Major Subdivision would subdivide the 1.8-acre parcel into 17, single-family residential lots. The proposed lot sizes range from 2,150 (smallest lot size) to 3,649 sq. ft. (largest lot size), yielding a density of approximately 9.45 du/ac.

Access: A single, 20-foot wide, two-way private street off Central Avenue (Colleen Circle) would provide access to the proposed subdivision. A four-and-a-half-foot sidewalk is proposed along the interior of the proposed subdivision. In the northeast portion of the project site, the sidewalk would transition to the opposite side of the private street via a four- foot-wide crosswalk with Americans with Disabilities Act (ADA)-compliant curb returns and lead out to Central Avenue. Hamilton Memorial Church has secured an easement from Discovery Builders, Inc. to access the church using Colleen Circle. No improvements to Central Avenue are required as part of this project. Currently, a remnant UPRR spur track easement, which has been quitclaimed to the applicant, crosses the rear property line through proposed lots 11 – 15.

Off-Street Parking: Each residence within the proposed subdivision would include a two-car garage, which satisfies the requirement for off-street parking pursuant to PMC Chapter 72 18.78. An additional eight guest parking spaces would be provided in the northern section of the subdivision adjacent to proposed lots 1 and 17. No parking would be allowed on Colleen Circle.

Bicycle Facilities: A Class II bicycle lane exists along Central Avenue. The applicant has proposed two, wall-mounted bicycle racks in the garage of all 17 residences.

Infrastructure/Utilities: The proposed project would be connected to existing utility providers in the City. Water services would be provided by the Contra Costa Water District and treated in the City’s water treatment facilities. As part of Liberty Phase I, the applicant installed a new segment of waterline for the city on Central Avenue intended to serve both Liberty Phase I and Phase II residential subdivisions. Therefore, the proposed project is compliant with the 2015 Water System Master Plan, as amended. A Condition of Approval will require the applicant to evaluate the existing, receiving storm and sewer facilities for adequate capacity and provide the results to the city to identify any service or supply problems. If any service or supply problems arise, the applicant agrees to cover the cost for installation of additional facilities required to be constructed to accommodate the proposed project.

Stormwater: In accordance with the Memorandum of Understanding (MOU) executed with the city on May 16, 2016, and amended December 12, 2019, the applicant proposes to utilize offsite mitigation credits in lieu of constructing low impact development (LID) stormwater facilities within the project site. The applicant will be required to annex the project site into Community Facilities District (CFD) 2016-1, for the continuous maintenance of offsite stormwater treatment facilities constructed at Carion Court, as a Condition of Approval. Additionally, the applicant will install full trash capture devices in all stormdrain inlets within the project area.

Prior to recording the Final Map, the applicant will be required to annex the project site into CFD 2005-1 (Public Safety Services), CFD 2007-1 (Park Maintenance) and CFD 2014-1 (Railroad Avenue Specific Plan).

See Exhibit B of Attachment 1 (Resolution) for the proposed Major Subdivision 9550 and Vesting Tentative Map.

4. Design Review:

Pursuant to PMC 18.36.100, Design Review is required for Major Subdivisions in single- family land use districts and PD districts.

Architectural Plans: The architectural plans for the proposed subdivision include four, two- story, single-family residence models with three exterior design options and 12 total color schemes. The house model designs are characterized by a mixture of hipped and gable- end roofs with concrete tile roofing material, stucco siding and simulated stone veneer or horizontal lap siding and windows with faux shutters or wrought iron railings.

The proposed single-family residence models (Plans 1 – 4) would range from 1,814 to 2,487 sq. ft. in total living area. The proposal includes eight (8) Plan 1, four (4) Plan 2, four (4) Plan 3 and one (1) Plan 4 floor plans. All of the 17 proposed lots would include a concrete pathway leading up to a front porch/patio area ranging in size from 29 to 96 sq. ft.

Plan 1. The floor plan for the eight, Plan 1 single-family residences shows a 419 sq. ft., two- car garage with two wall-mounted bicycle racks, a family or ‘great’ room, a ‘nook’ or dining 73 room, a kitchen with appliances, pantry and half bathroom or ‘powder’ room on the first floor.

On the second floor, the Plan 1 floor plan shows three bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft or optional fourth bedroom.

Plan 2. The floor plan for the four, Plan 2 single-family residences shows a 416 sq. ft., two- car garage with two wall-mounted bicycle racks, a living room (with a storage area under the stairs), a dining room, a kitchen with appliances and half bathroom or ‘powder’ room on the first floor. On the second floor, the Plan 2 floor plan shows four bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft. Two of the four Plan 2 homes would also include an approximately 280 sq. ft. Accessory Dwelling Unit (ADU) to meet the city’s affordable housing requirements in PMC Chapter 18.86. Both ADUs would be equipped with an exterior entry door and include a ‘studio-style’ living room/bedroom, kitchenette and bathroom. Buyers of the two Plan 2 homes with the ADU would have the option of placing a lockable interior door leading from the living room of the main dwelling unit to the ADU. Should the buyer of the Plan 2 homes with the ADU choose to remove the optional interior door to the ADU, the space would be constructed as a wall.

Plan 3. The floor plan for the four, Plan 3 single-family residences shows a 436 sq. ft., two- car garage with two wall-mounted bicycle racks, a living room, a ‘nook,’ a dining room, a kitchen with appliances and a half bathroom or ‘powder’ room on the first floor. On the second floor, the Plan 3 floor plan shows four bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft.

Plan 4. The floor plan for the single, Plan 4 single-family residence shows a 420 sq. ft., two- car garage with two wall-mounted bicycle racks, a family or ‘great’ room, a dining room, a kitchen with appliances, pantry and half bathroom or ‘powder’ room on the first floor. On the second floor, the Plan 4 floor plan shows four bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft.

Green Building Features: Each proposed single-family residence would be equipped with an air conditioning unit and solar panels compliant with 2019 California Energy Code. Solar panels would be installed at the time of final occupancy through a separate permit.

Additionally, the proposed project would include cool roofs and pre-wire for electric vehicle charging.

Refuse: Each proposed single-family residence would be equipped with an approximately 8 sq. ft. concrete trash pad and the ability to accommodate three bins (refuse, recyclables, organics) at the curb in the front of each residence. All bins would be sized to ensure compliance with requirements of Senate Bill 1383 (2016).

Landscaping: The Landscape and Fencing Plan indicates front yard landscaping would be installed for each proposed lot. For proposed lots 5 and 6, which are on the corner, there would be corner-side landscaping. Additional landscaping is shown along the east property line and surrounding the guest parking areas adjacent to proposed lots 1 and 17. Each proposed lot would include shrubs, drought-tolerant ground cover and bark. Shrubs would include one-gallon containers of Manzanita, Spanish Lavender, Red Sage and Dwarf Germander and five-gallon containers of Noell Grevillea, Variegated Mock Orange and Shiny Xylosma. Additionally, each proposed lot would have at least one, 15-gallon container with the street tree (Chinese Pistache) and one 15-gallon container with a California native accent tree (Cercis Occidentalis, Western Redbud or California Redbud). The existing, five palm trees along the east and west perimeter of the project site would be removed to allow 74 for sufficient access. The existing, seven Callery Pear trees along the east property line near the entrance of the project site would also be removed to allow for construction of the proposed sidewalk. Because the existing palm and Callery Pear trees do not meet the definition of “protected tree” in PMC section 18.84.835(F), a tree removal permit is not required.

Fencing: Each proposed lot would be fully fenced with a six-foot, board-on-board, wood fence with steel posts and include a latched yard gate.

Sound Walls: Two separate, eight-foot sound walls would also be constructed on the project site. There is an existing, eight-foot sound wall along the entire length of the west property line which currently separates the project site from the adjacent Liberty Phase I Subdivision.

One of the two proposed sound walls would be located along the entire length of the southern property line to separate proposed lots 11 – 14 from the railroad. The second proposed sound wall would be located along the southern property line of the existing Hamilton Memorial Church parcel, providing separation between the church and the proposed Liberty Phase II Subdivision. According to the schematic in the plans, both sound walls would be treated with decorative features consistent with neighborhood design.

See Exhibit C of Attachment 1 (Resolution) for the proposed Project Plans, including the Landscaping and Fencing Plan and Garbage Collection Exhibit.

GENERAL PLAN/CODE COMPLIANCE:

Pittsburg General Plan 2020
The project site is located in the East Central subarea of the General Plan and is currently designated Low Density Residential. The Low Density Residential designation is intended to provide sites for single family development with a density of 1 to 7 du/ac.

Although it is consistent with several General Plan goals and policies, the proposed project is a single-family development with a density of 9.45 du/ac which exceeds the parcel’s existing General Plan land use designation.

To address this inconsistency, the applicant is requesting the parcel be redesignated to Medium Density Residential. If the proposed General Plan Amendment is approved, the maximum density for the project site would increase from 7 du/ac to 14 du/ac, which would allow for a maximum of 25.2 dwelling units on the 1.8-acre project site. The applicant is proposing a total of 17 dwelling units on the project site, which is less than the maximum that would be permitted.

Railroad Avenue Specific Plan
The proposed project is located within the Railroad Avenue Specific Plan (RASP) area.

Together, the RASP and the General Plan provide a framework to guide future development within the RASP boundary. The RASP was adopted in 2009 to implement the goals for the Railroad subarea of the General Plan. The RASP envisions a vibrant, walkable, mixed-use, and transit-oriented activity center around the Pittsburg Center BART Station.

The proposed project is located within the Old Town Gateway subarea of the RASP and has a RASP land use classification of Low Density Residential. The Old Town Gateway subarea is located at the northern edge of the RASP area, between the Burlington Northern Santa 75 Fe and the Union Pacific Railroad tracks. The Old Town Gateway subarea is intended to provide a transition from the RASP area to Old Town Pittsburg.

The RASP states that “continuing to allow residential and commercial development in this sub-area will allow for future projects that provide shopping or employment opportunities in the space between the Specific Plan Area and Old Town.” RASP Land Use Policy 3-P-3 is also applicable to the proposed project in that it encourages additional housing opportunities, including affordable housing, within one-half mile of the BART Station.

Zoning: The project site is in the RS-5 District. This zoning district is intended implement the General Plan land use designation. PMC section 18.50.105 requires a 5,000 sq. ft. minimum lot size in the RS-5 District which translates to a maximum density of 8.7 du/ac.

Therefore, the current RS-5 zoning allows for a maximum of 15.7 dwelling units on the 1.8- acre project site.

To provide for small-lot development and additional flexibility for this property, the applicant is requesting the parcel be rezoned to a PD District which is allowed pursuant to PMC section 18.62.010(D). Rezones to PD Districts must be accompanied by a “PD Plan” that include specific land use and development regulations for the rezoned properties. The City Council has approved similar PD rezones and PD plans for past subdivisions such as the adjacent Liberty Phase I Subdivision, ‘Vista Del Mar’ in the San Marco area, ‘Clipper Cove’ west of Downtown, and ‘Waterstone’ / ‘Belle Harbor’ across from Pittsburg High School.

If the rezone from RS-5 to PD is approved, the development regulations proposed in the PD Plan would reduce the minimum lot size for the 1.8-acre project site to 2,000 sq. ft. This would allow for a maximum of 39.2 dwellings on the 1.8-acre project site. However, the applicant is proposing 17 dwelling units on the project site, which is less than half of what would be allowed.

Development Review Design Guidelines
The proposed project is subject to the city’s Development Review Design Guidelines (DRDG), adopted by the Planning Commission through Resolution No. 9864.

The DRDG sections that apply to this development are Sections I (Residential - Single Family/Duplex) and II (Neighborhood/Subdivision Design), which are intended to encourage good design for all residential dwelling units and neighborhoods/ subdivisions and Section VI (Green Building Design Guidelines), which are intended to encourage the use of green building design attributes, such as those that conserve energy and water use and promote clean local air quality.

In addition to demonstrating compliance with the city’s DRDGs, new development with certain RASP land use classifications must comply with specific RASP design and development policies and standards. These additional RASP development standards (intensity, height, setback, parking and landscaping) only apply to properties within the RASP area with the following land use classifications: Transit Oriented Development (TOD) – High, TOD – Medium, TOD – Residential, Community Commercial and Business Commercial. It is important to note, the project site has a RASP land use classification of Low Density Residential and therefore does not fall within a land use classification subject to additional RASP design and development standards.
76 Inclusionary Housing Requirements
The purpose of PMC Chapter 18.86 (Inclusionary Housing) is to implement General Plan policies by establishing minimum requirements, incentives, and alternative measures to ensure safe, decent and affordable housing for all segments of the city’s population, regardless of household income, can be provided. Pittsburg General Plan Housing Element Policy 1.5 encourages construction of Accessory Dwelling Units (ADUs) or “second units” to allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners.

The Liberty Residential Subdivision Phase I project, approved in 2018, complied with the city’s Inclusionary Housing requirements by requiring 10 percent of all single-family homes within the subdivision to include an ADU. Each unit was subject to a “Secondary Unit Regulatory Agreement and Declaration of Restrictive Covenants” (Affordable Housing Agreement).

The Affordable Housing Agreements for the Liberty Phase I project detailed specific occupancy regulations and rent restrictions for each unit. For instance, in the Agreement, each Liberty Phase I ADU is restricted, in that, if rented, can only be occupied by households whose gross income does not exceed 30 percent of the Area Median Income (AMI) for Contra Costa County. The agreement explains that this covenant runs with the land in perpetuity and clarifies that future purchasers of the six lots that include the ADUs are responsible for meeting obligations in the Agreement.

Requiring 10 percent of all new residential units to include a secondary, lower-income unit is consistent with what the City required for the Liberty Phase I, Greystone, Waterstone, Alves Ranch and Tuscany Meadows projects, and is consistent with direction provided to Planning Staff by the City Council and the City Manager related to strategies used to incorporate affordable housing into these market-rate projects.

Given that Liberty Phase II is an infill development adjacent to Liberty Phase I, staff recommends the 10 percent Inclusionary Housing requirement continue to be utilized to meet the requirements of PMC Chapter 18.86. Therefore, the applicant is proposing that two of the 17 proposed single-family residences include ADUs subject to Affordable Housing Agreements with the City. This will be included as a condition of approval for the project.

See Exhibit D of Attachment 1 (Resolution) for Conditions of Approval.

Required Finding – General Plan Map Amendment: In order to adopt a general plan amendment, the City Council must determine, in accordance with Government Code section 65358, that the amendment would be in the public interest.

Required Findings – Zoning Map Amendment: In order to approve zoning changes, the City Council must determine, in accordance with PMC section 18.48.030, that:

A. the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; B. in the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed; 77 C. a community need is demonstrated for the change proposed; and D. its adoption would be in conformity with public convenience, general welfare and good zoning practice.

Required Findings – Vesting Tentative Map for a Major Subdivision: In order to approve a Vesting Tentative Map for a Major Subdivision, the City Council must determine, in accordance with PMC section 17.20.060(c), that:

A. the proposed map is consistent with the general plan and any applicable specific plan, or other applicable provision of PMC;
B. the site is physically suitable for the type of development; C. the site is physically suitable for the proposed density of development; D. the design of the subdivision or the proposed improvements would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
E. the design of the subdivision or the type of improvements would not cause serious public health problems; and
F. the design of the subdivision or the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Required Findings – Design Review: In order to grant Design Review approval for a project, the City Council must determine, in accordance with PMC section 18.36.220.B, that:

A. the structure conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;
B. the structure would be protected against exterior and interior noise, vibrations and other factors that may tend to make the environment less desirable; C. the exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;
D. the structure is in harmony with proposed developments on land in the general area; and
E. the application conforms with the criteria set forth in any applicable City adopted Design Guidelines.

A full analysis of how the proposed project meets the required General Plan Map amendment, Vesting Tentative Map for a Major Subdivision and Design Review findings is provided in Section 2 (Findings) of the Resolution (Attachment 1). A full analysis of how the proposed project meets the required findings for a Zoning Map Amendment is provided in Section 2 (Findings) of the Ordinance (Attachment 2).
78 Environmental Review: The proposed project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines.

Government Code section 65457(a) provides that any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980, is exempt from the requirements of CEQA. This exemption is also codified in the CEQA Guidelines, section 15182(c).

The proposed project is consistent with the RASP and Environmental Impact Report (EIR) which was adopted and certified by the City Council on November 2, 2009, in Ordinance No. 09-1319 and Resolution No. 09-11303. The proposed project falls within the boundaries of the RASP. A primary purpose of the RASP is to facilitate the development of new housing near the Pittsburg Center BART station. The proposed project is entirely residential, would consist of 17, single-family homes, along with a private road and other improvements, in close proximity to the Pittsburg Center BART station. The proposed project would advance the RASP’s goal of developing livable, low-density housing near public transit and within walking distance of new retail and commercial developments around the BART station.

CEQA provides a streamlined review process for projects consistent with existing zoning, a general plan, or a specific/community plan for which an EIR has been certified. The RASP EIR studied the environmental impacts associated with the anticipated buildout of approximately 1,845 new residential units and 988,449 sq. ft. of new commercial floor area within the RASP area. Since its inception in 2009, staff estimates that just 20 percent of the anticipated buildout of new residential units has been achieved. The proposed General Plan and Zoning Map Amendments would help implement many of the goals and policies in the RASP.

Additionally, the project site is less than five acres, surrounded on all sides by urban uses and is located in a disturbed area with little to no value as habitat for endangered, rare or threatened species. The project site is in an infill location and of a modest size. Compliance with General Plan and RASP policies, requirements in the PMC and project Conditions of Approval would ensure that any impacts to traffic, noise, air and water quality would be less than significant.

If the proposed project is approved, Planning Staff would file a Notice of Determination (NOD) with the Governor’s Office of Planning and Research (OPR) State Clearinghouse and Contra Costa County Clerk-Recorder’s Office pursuant to CEQA Guidelines, section 15094.

See Attachment 6 for the CEQA Substantial Conformance Memo.

Public Notice: On or before Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A, B and D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall and at or near the project site; was delivered for posting at the Pittsburg Library; was posted on the “Public Notices” section of the City’s website and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who 79 had previously filed written request for such notice. In addition, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in the “Harbor and School Street” neighborhood.

See Attachment 7 for the Public Hearing Notice.

SUBCOMMITTEE FINDINGS
Not applicable

STAFF ANALYSIS
Staff believes that the City Council can make the required findings to approve of the proposed project. The staff-recommended findings are provided in Section 2 (Findings) of Attachment 1 (Resolution) and Attachment 2 (Ordinance) and summarized below.

General Plan Map Amendment

The proposed General Plan Map Amendment of the project site from Low Density Residential to Medium Density Residential would be in the public interest, in that the proposed land use change would facilitate quality residential development, promote the reuse and revitalization of a dilapidated property, help the city maintain a compact urban form, and promote a diversity of housing types and densities near the Pittsburg Center BART station. The proposed project would also enhance the visual quality of the area and increase the number of residents within the area that naturally monitor the streetscape and one another, enhancing community safety.

See Attachment 8 for the Consistency Analysis with General Plan Goals and Policies.

Zoning Map Amendment
The proposed Zoning Map Amendment of the project site from RS-5 to PD would be consistent with the objectives, goals, and policies in the General Plan and RASP in that, among other reasons provided in the resolution in Attachment 1, the project would: a) provide medium intensity, single-family residential development near Downtown and in an area accessible to transit and services, b) expand Pittsburg’s housing diversity by providing higher-density single-family development on smaller lots, c) promote the development and intensification of the Downtown Commercial Core as a neighborhood retail center by increasing the demand for retail and other amenities, d) encourage walking as a regular means of transportation due to the parcel’s proximity to various amenities, e) provide sound walls along the south and west property lines to mitigate noise along Central Avenue and the UPRR, f) provide two single-family homes with ADUs that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners, and g) be consistent with the PD zoning of immediately adjacent properties.

Vesting Tentative Map for a Major Subdivision
The proposed Vesting Tentative Map, subdividing the parcel into 17, single-family residential lots would be consistent with the objectives, goals, and policies in the General Plan and RASP in that, the project site is adjacent to underutilized and vacant properties identified in Figure 2.2 of the RASP as “Opportunity Sites” that have recently been 80 transformed. The project site is physically suitable for the type and density of the proposed development in that it is flat, vacant/undeveloped site. The design of the proposed subdivision and accompanying improvements would not have a significant impact on the environment, injure fish or wildlife or their habitat, or pose a significant risk to human health in that the project site is less than five acres, surrounded on all sides by urban uses and is located in a disturbed area with little to no value as habitat for endangered, rare or threatened species. The proposed subdivision would not cause serious health problems in that the project site is located between two, recent single-family residential subdivisions.

The design of the proposed subdivision would not conflict with easements for access through or use of property within the proposed subdivision, in that the UPRR spur track easement on the property has been quitclaimed.

Design Review
The proposed project would conform with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality, in that the proposed house models would feature an attractive architectural design characterized by a mixture of hipped and gable-end roofs with high-quality, concrete tile roofing material; stucco siding with horizontal trim, corbels, and simulated stone veneer; and a mixture of single-hung and sliding glass windows with faux shutters, or decorative wrought iron railings. Residential front yards would feature drought-tolerant plants and blooming street trees that would provide seasonal color throughout the subdivision.

See Attachment 9 for the Consistency Analysis with Development Review Design Guidelines.

ATTACHMENTS:

1. Resolution
a. Exhibit A – General Plan Map Amendment
b. Exhibit B – Vesting Tentative Map for Major Subdivision c. Exhibit C – Project Plans
d. Exhibit D – Conditions of Approval

2. Ordinance
a. Exhibit A – Zoning Map Amendment and PD Plan

3. Planning Commission Resolution No. 10196

4. Photos of Project Site

5. Map of Surrounding Uses

6. Substantial Conformance Memo

7. Public Hearing Notice

8. General Plan Goals and Policies – Consistency Analysis

9. Development Design Review Guidelines – Consistency Analysis Report Prepared by: Alison Hodgkin, Associate Planner
81 Resolution No. 22- Page 1 of 9 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Resolution Approving a General Plan Map ) RESOLUTION NO. 22- Amendment, Vesting Tentative Map, and )
Design Review for a 17-Lot, Single-Family )
Residential Subdivision at 360 Central )
Avenue, for “Liberty Residential Subdivision )
Phase II, AP-21-1599 (GP, RZ, SUBD, DR).” )
WHEREAS, on September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting: 1) a General Plan map amendment to change the parcel’s land use designation from ‘Low Density Residential’ to ‘Medium Density Residential,’, 2) a Zoning Map amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square-foot minimum lot size) to PD (Planned Development), 3) a Vesting Tentative Map for a 17-lot Major Subdivision and 4) Design Review on a 1.8-acre parcel located at 360 Central Avenue. Assessor's Parcel No. 086-151-002; and WHEREAS, the proposed project is governed by the applicable goals and policies of the Pittsburg General Plan, the Pittsburg Municipal Code (PMC), and the City’s adopted Design Review and Development Guidelines (DRDGs; Planning Commission Resolution No. 9864); and
WHEREAS, the proposed project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines (Public Resources Code section 21080); and WHEREAS, under Government Code section 65358, the City Council, upon recommendation of the Planning Commission, may amend the City’s General Plan, in whole or in part, if it finds that the amendment would be in the public interest. No more than four general plan amendments to each required element may be adopted within one calendar year. In this calendar year so far, the City Council has not adopted any amendments to the General Plan Land Use Element; and
WHEREAS, pursuant to PMC section 17.20.060(c), the City Council, upon recommendation of the Planning Commission, may approve a tentative map if it finds that: a) the proposed map is consistent with the General Plan and any applicable specific plan, or other applicable provision of the PMC; b) the site is physically suitable for the type of development; c) the site is physically suitable for the proposed density of development; d) the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; e) the design of the subdivision or the proposed improvements will not cause serious health problems; and f) the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; and
WHEREAS, pursuant to PMC section 18.36.230, the City Council, upon 82 Resolution No. 22- Page 2 of 9 September 19, 2022
recommendation of the Planning Commission, may grant design review approval if it finds that: a) the structure conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality; b the structure will be protected against exterior and interior noise, vibrations and other factors that may tend to make the environment less desirable; c) the exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value; d) the structure is in harmony with proposed developments on land in the general area; and e) the application conforms with the criteria set forth in any applicable City adopted design guidelines; and
WHEREAS, on September 19, 2022, after conducting a duly-noticed public hearing, the Planning Commission adopted Resolution No. 10196, recommending approval of the requested General Plan Map amendment, Zoning Map amendment, Vesting Tentative Map and Design Review; and
WHEREAS, on or prior to Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.B, C and D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice; and WHEREAS, on September 9, 2022, the City Council held a duly-noticed public hearing to: 1) introduce and waive further reading of an ordinance approving the proposed Zoning Map amendment; and 2) adopt this resolution approving the General Plan Map amendment, Vesting Tentative Map, and Design Review, at which time oral and/or written testimony was considered.

NOW THEREFORE, the City Council of the City pf Pittsburg does resolve as follows:

Section 1. Authority
A. Article XI, Section 7 of the California Constitution confers on cities the authority to regulate land use within their jurisdictions under the police power and to make and enforce ordinances to protect the public health, safety and welfare. Aesthetic reasons alone justify exercise of the police power (Metromedia, Inc. vs. City of San Diego [1980] 264 C3d 848, 164 CR 510).

B. The General Plan is the single most important planning document and represents the most comprehensive statement of the city’s interests and welfare (Government Code section 65300; Citizens of Goleta Valley vs. Board of Supervisors [1990] 52 CA3d 553, 276 CR 410). In general, all land use decisions must be consistent with the general plan. Consistency exists between a city’s land use action and the general plan when a city has officially adopted such a plan, and the various land uses approved are compatible with the objectives, 83 Resolution No. 22- Page 3 of 9 September 19, 2022
policies, general land uses and programs specified in the plan (Lesher Communications, Inc. vs. City of Walnut Creek [1990] 52 C3d 531, 277 CR1).

C. The Subdivision Map Act (Government Code section 66410, et seq.) vests in cities the power to regulate and control the design and improvement of subdivisions within their boundaries (Government Code section 66411). “Improvement” is broadly defined to include any specific improvement or type of improvement, the installation of which is necessary to ensure consistency with the general plan (Government Code section 66419[b]).

D. A city may not approve a tentative map unless it finds that the proposed subdivision, together with the provisions of its design and improvement, is consistent with the General Plan (Government Code section 66473.5).

Section 2. Findings
A. Based on the City Council staff report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. All recitals above are true and correct and are incorporated herein by reference.

General Plan Map Amendment:

2. The proposed amendments to the General Plan are in the public interest, in that the proposed land use change will facilitate quality residential development, promote the reuse and revitalization of a dilapidated site, help the City maintain a compact urban form, and promote a diversity of housing types and densities near the Pittsburg Center BART Station. The proposed project will also enhance the visual quality of the area and increase the number of residents within the area that naturally monitor the streetscape and one another, enhancing community safety.

Vesting Tentative Map:

3. The proposed Vesting Tentative Map is consistent with the General Plan, in that:
a. The proposed project will be developed on an infill site, thereby helping the City maintain a compact urban form within the City’s projected municipal boundary (Goal 2-G-1).
b. The proposed project will provide medium intensity single-family 84 Resolution No. 22- Page 4 of 9 September 19, 2022
residential near the Downtown and in an area accessible to transit and services (Goals 2-G-4 and 3-G-3). The project site is within a half-mile distance of the Pittsburg Center BART Station and a quarter-mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387).
c. The proposed project will expand Pittsburg’s housing diversity by providing single-family development on smaller lots ranging from approximately 2,000 to 4,200 square feet (Goal 2-G-5 and Housing Goal G-1).
d. The proposed project will utilize a Planned Development (PD) zoning, in part, to achieve a high-quality design outcome (Policy 2-P- 5).
e. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development (Policy 3- P-1, 3-P-13, and 7-P-2). The proposed project will comply with conditions of approval requiring payment of the Facilities Reserve Charge, Local Traffic Mitigation Fee (LTMF), and Regional Transportation Development Impact Mitigation Fee (RT-DIM) in accordance with the Pittsburg Municipal Code.
f. The proposed project will promote the public health, safety, and general welfare in that it requires the Developer to: a) pay fees to finance unmet local and regional traffic improvement needs; b) annex the site into the City’s Community Facilities District (CFD) 2007-1 for park maintenance; c) annex the site into the City’s CFD 2016-1 for maintenance of off-site stormwater facilities; d) annex the site into the City’s CFD 2005-1 for police and other emergency services; e) annex the site into the City’s CFD 2014-1 for Railroad Avenue Specific Plan improvements and f) annex the site into the City’s CFD 2017-1 for fire facilities and fire safety and emergency services. g. The proposed project will be built in an area where public facilities and infrastructure are already available (Policy 3-P-1). h. The existing transportation system has adequate capacity to accommodate the proposed project (Policy 3-P-2). Residents of the proposed project will have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and bicycle lanes.
i. The Developer was not required to prepare a traffic impact study because the proposed project is expected to generate under 100 net new peak hour trips (Policy 3-P-5).
85 Resolution No. 22- Page 5 of 9 September 19, 2022
j. The proposed project will provide safe and contiguous routes for pedestrians and bicyclists (Policy 3-P-17, 7-P-34, and 7-P-40) in that there is an existing Class II bicycle lane along Central Avenue. k. The proposed project focuses single-family residential on a site that has been designated as a Priority Development Area under the Metropolitan Transportation Commission and Association of Bay Area Government’s FOCUS Program (Policy 3-P-18 and Housing Policy P-1.1 D).
l. The proposed project will promote the development and intensification of the Downtown commercial core as neighborhood retail center by increasing the demand for retail and other amenities (Goal 5-G-2).
m. The proposed project will encourage walking as a regular means of transportation due to the site’s proximity to various amenities (Goal 7-G-15). The project site is within a half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, the Pittsburg Center BART Station, and the Downtown commercial core.
n. The proposed project will include bicycle racks in each garage for secure bicycle parking (Policy 7-P-45).
o. The Developer was not encouraged to dedicate a public park because the proposed development includes less than 150 units (Policy 8-P-16).
p. The Developer will equitably share the costs associated with providing water and wastewater services to the proposed project through payment of the Pittsburg Facilities Reserve Charge (Policy 11-P-7 and 11-P-18).
q. The proposed project will include sound walls along the north and south perimeter and provide upper-floor windows of residences adjacent to the UPRR tracks (homes on Lots 11-14) to be upgraded to a Sound Transmission Class (STC) rating of 32. The proposed sound walls and upper-story windows will help ensure interior noise levels do not exceed 45 dB CNEL (Policy 12-P-6).
r. The proposed Zoning Map amendment is for a project site that is vacant, underutilized, and appropriate for higher-density residential use given its proximity to schools, parks, transit, and commercial amenities (Housing Element Policy P-1.1 B).
s. The proposed project will provide market-rate housing near in the 86 Resolution No. 22- Page 6 of 9 September 19, 2022
Downtown and increase demand for economic activity in nearby shopping centers (Housing Policy P-1.2).
t. The proposed project will provide two, single-family homes with Accessory Dwelling Units (ADUs) that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners (Housing Policy P-1.5).
u. The proposed project will help attain the City’s Regional Housing Needs Allocation for moderate and above-moderate income households (Policy P-1.6).
v. The proposed project will comply with conditions of approval requiring construction of quality home designs to ensure future residents will enjoy an attractive living environment (Housing Goal G- 5 and Policy P-5.1).

4. The project site is physically suitable for the type of development proposed in that the site is flat and surrounded by existing infrastructure, minimizing the amount of work and investment needed to extend utilities and services to the site.

5. The project site is physically suitable for the proposed density of development, in that the site is flat and surrounded by existing, established development. Further, the site is located within one-half mile of the Pittsburg Center BART Station, and less than a quarter-mile from two existing bus routes, making it an appropriate location for a medium-density residential development, as defined by the City’s General Plan.

6. The design of the proposed subdivision and accompanying improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, in that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines (Public Resources Code section 21080).

7. The design of the subdivision and type of improvements proposed will not cause serious public health problems, in that the Phase I Environmental Site Assessment revealed no evidence of hazardous substances or petroleum products in connection with the project site.

8. The design of the subdivision and type of improvements proposed will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that there are no existing public access easements on the site. The proposed Vesting Tentative Map includes a new private street that will connect the development to existing public roadways, and the new private street will be of 87 Resolution No. 22- Page 7 of 9 September 19, 2022
sufficient width to accommodate automobile and emergency vehicle access into and around the site.

Design Review:

9. The proposed project conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality, in that the proposed house models feature an attractive architectural design characterized by a mixture of hipped and gable-end roofs with high-quality, concrete tile roofing material; stucco siding with horizontal trim, corbels, and simulated stone veneer; and a mixture of single-hung and sliding glass windows with faux shutters, or decorative wrought iron railings. The proposed project will also provide an attractive outdoor environment for residents. The Developer will install a variety of colorful, drought-tolerant landscaping and a decorative, masonry sound wall with wall caps and simulated stone veneer at each wall pilaster. Residential front yards will feature drought-tolerant plants and blooming street trees that will provide seasonal color throughout the subdivision.

10. The proposed project will be protected against exterior and interior noise, vibrations and other factors which may tend to make the environment less desirable, in that the project will be built to standard building codes that dictate maximum noise levels for the interiors of residential units.

11. The exterior design of the proposed project is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value. Rather, the proposed project will enhance the neighborhood’s appearance and value, in that it will result in a highly attractive environment utilizing a variety of compatible house and front yard landscape designs. The proposed project will add value to the community by attracting additional residential and commercial investment in the area.

12. The proposed project is in harmony with proposed developments on land in the general area, in that there are no proposed developments in the immediate vicinity of the project site.

13. The proposed project will substantially conform to all applicable Development Review Design Guidelines (DRDG, Planning Commission Resolution No. 9864) for single-family development.

B. The City Council Staff Report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, is referenced hereto as additional support for findings. 88 Resolution No. 22- Page 8 of 9 September 19, 2022
Section 3. Decision
Based on the findings and the authority set forth above, the City Council hereby takes the following actions:

A. Amends General Plan Figure 2-2 (Land Use Diagram) to change the land use designation of the project site, from Low Density Residential to Medium Density Residential as substantially presented in Exhibit A of this resolution; B. Modifies other Land Use Element tables and charts as necessary to reflect the change in land use acreages and maintain internal consistency with the General Plan document;
C. Approves Vesting Tentative Map 9550 (Exhibit B) subdividing the project site into 17 lots for detached single-family homes, subject to the conditions as substantially presented in Exhibit C of this resolution; and D. Approves design review of the accompanying architectural and landscape plans (Exhibit D), subject to the conditions as substantially presented in Exhibit C of this resolution.

Section 4. The Improvements are Reasonably Necessary to Meet the Needs of the Public Arising as a Result of the Subdivision
An improvement imposed as a condition of approval of a tentative map is valid to the extent that it is not excessive. An improvement is not considered excessive if it is reasonably necessary to meet public needs arising as a result of the subdivision. (Government Code section 66465.4 (a), (b).) As an additional finding, the City Council hereby finds that the improvements and requirements described in section 3, above, are reasonably necessary to meet the needs of the public arising as a result of the Liberty Residential Development, as further described in sections 2, 3, and 4 of this resolution.

Section 5. Effective Date
This resolution shall take effect immediately upon its adoption. 89 Resolution No. 22- Page 9 of 9 September 19, 2022
Section 6. Adoption
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
90 Exhibit A
General Plan Map Amendment
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Fig. 1: Existing General Plan Designation

91 Exhibit A
General Plan Map Amendment
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Fig. 2: Proposed General Plan Designation

92 BY APP DATEREVISIONSNO.
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
20079 PROJECT #:

SHEET INDEXLEGEND

ABBREVIATIONS

DESCRIPTION
C2
C4
SHEET No.

TOPOGRAPHIC SURVEY & DEMOLITION PLAN
C1TITLE SHEET

SECTIONS & DETAILS
C3

PRELIMINARY GRADING, DRAINAGE & UTILITY PLAN

SITE PLAN
SCALE: 1"=30'

VICINITY MAP

NOT TO SCALE
3 COLLEEN CIRCLE (PRIVATE)

GENERAL

FACILITIES
NOTES
TRC
1920 OLD MIDDLEFIELD WAY
MOUNTAIN VIEW, CA 94043
(650) 967-2365

LIGHTHOUSE DESIGN
1781 VINEYARD DRIVE, SUITE 212
ANTIOCH, CA 94509
(925) 757-4259

LIBERTY DEVELOPERS, LLC
4021 PORT CHICAGO HIGHWAY
CONCORD, CA 94520
(925) 682-6419

APEX CIVIL ENGINEERING & LAND SURVEYING
817 ARNOLD DRIVE, SUITE 50
MARTINEZ, CA 94553
(925) 476-8499

THOMAS BAAK & ASSOCIATES
1620 NORTH MAIN STREET, SUITE 4
WALNUT CREEK, CA 94596
(925) 933-2583

OWNER/DEVELOPER

CIVIL ENGINEER

SOILS ENGINEER

JOINT TRENCH DESIGN

LANDSCAPE ARCHITECT

BENCHMARK

BASIS OF BEARINGS
LIBERTY PHASE II ~ VESTING TENTATIVE MAP ~ 08-02-2022

CENTRAL AVENUE
4 5
678910
11 12
13 14
151617
PARCEL "A"
PARCEL "A"
PARCEL "A" COLLEEN CIRCLE (PRIVATE)
Exhibit B - AP-21-1599 (GP, RZ, SUBD, DR)
93 BY APP DATEREVISIONSNO.
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
20079 PROJECT #:

AC TI R-VALUE STREET NAMEAB
553" COLLEEN CIRCLE10"

STRUCTURAL PAVEMENT SECTIONS

CONC DESCRIPTIONAB
CONCRETE DRIVEWAYS 6.0"

CONCRETE SECTIONS
REBAR
#3 BARS @ 18" O.C. BOTH WAYS6.0"
ASB
---

TYPICAL LOT DETAIL

NOT TO SCALE
TYPICAL 26.5' STREET SECTION (PRIVATE)

COLLEEN CIRCLE

SECTION B-B

NOT TO SCALE
TYPICAL 29.5' PRIVATE ACCESS & UTILITY EASEMENT

SECTION A-A

NOT TO SCALE

SECTION F-F

NOT TO SCALE

SECTION G-G

NOT TO SCALE
PUE5'
TYPICAL 25.0' STREET SECTION (PRIVATE)

COLLEEN CIRCLE

SECTION C-C

NOT TO SCALE

SECTION H-H

NOT TO SCALE

TYPICAL STREET SECTION WITH PARKING (PRIVATE)

COLLEEN CIRCLE

SECTION E-E

NOT TO SCALE

TYPICAL STREET SECTION WITH PARKING (PRIVATE)

COLLEEN CIRCLE

SECTION D-D

NOT TO SCALE
TYPICAL 29.5' PRIVATE ACCESS & UTILITY EASEMENT

SECTION I-I

NOT TO SCALE
94 BY APP DATEREVISIONSNO.
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
20079 PROJECT #:

BENCHMARK

BASIS OF BEARINGS
GENERAL DEMOLITION NOTES:

DEMOLITION KEY LEGEND

CENTRAL AVENUE (PUBLIC)
95 BY APP DATEREVISIONSNO.
817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
20079 PROJECT #:

DRAINAGE SYSTEM SUMMARY
STRUCTURE #GRATE

ELEVATION

FLOW LINE

ELEVATION
SECTIONS NOTE:

REFER TO SHEET C2

FOR ALL SECTIONS

KEY LEGEND
CB-1TC 28.5612"FL 26.33 IN
EX.12"FL 26.33 OUT

COLLEEN CIRCLE (PRIVATE)

CENTRAL AVENUE (PUBLIC)

SEWER SYSTEM SUMMARY
STRUCTURE #
SSMH-126.02±
RIM

ELEVATION

FLOW LINE

ELEVATION
8"FL 17.23 IN
EX. 8"FL 16.98 THRU
SSMH-231.55±8"FL 23.58 THRU
SSMH-332.60±8"FL 25.40 IN
8"FL 25.23 OUT
SSMH-432.88±8"FL 25.88 OUT
CB-310"FL 27.28 THRUG 31.5
NOTES CB-2TC 31.80
10"FL 27.14 IN
12"FL 27.14 OUT
EX.SSMH26.80±8"FL 18.00 IN
EX. 8"FL 17.75 THRU
SSMH-532.16±8"FL 24.29 IN
8"FL 24.12 OUT
SSMH-633.14±8"FL 26.14 OUT
CB-410"FL 27.35 THRUG 31.8
CB-510"FL 27.49 OUTG 32.0
EX.CBTC 29.15EX.12"FL 26.82 THRU
CB-6EX.12"FL 27.10 OUTTC 32.11

COLLEEN CIRCLE (PRIVATE)
96 LIBERTY II

PITTSBURG, CA
AFFECTED SHEETS INDICATE DELTA 1 NOTE
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.
1 07/06/22 PLANNING REVISION
DESIGN REVIEW BOOKLET INCLUDES:

Exhibit C
Project Plans
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) 97 X X X
3 2
1 4
5 6
7 8
9 10
11 12
13 14
15 16
17 CENTRAL AVENUE

COLLEEN CIRCLE
1 TWO
STORY
3 TWO
STORY
4 TWO
STORY
8 47.1%
4 23.5%
1 5.9%
COUNT

PERCENT
PLAN#
100.0%
TOTAL HOMES: 17
TOTAL PERCENT:
2 TWO
STORY
4 23.5%

DISTRIBUTION TABLE

LIBERTY PHASE II - MASTER PLOTTING PLAN

PITTSBURG , CA

DISCOVERY
DESIGN
GROUP
July 7, 2021

COLLEEN CIRCLE
1 07/06/22 PLANNING REVISION
98 Elevation A
Elevation B
Elevation C
Front Elevations
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 1
1 2
99 First Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 1
3 BEDROOMS
2-1/2 BATHS
LOFT OR OPT. BEDROOM 4
1 Plan Notes:

Wall-mounted bicycle
storage
1 1
Concrete pathway2
Concrete trash pad (7' min.)3
2 3
100
Second Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 1
3 BEDROOMS
2-1/2 BATHS
LOFT OR OPT. BEDROOM 4
Opt. Bedrm. 4
101
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right Roof Plan 'A'
RearLeft
Elevations - 'A'
Plan 1
1 07/06/22 PLANNING REVISION
102
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right Roof Plan 'B'
RearLeft
Elevations - 'B'
Plan 1
1 07/06/22 PLANNING REVISION
103
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right Roof Plan 'C'
RearLeft
Elevations - 'C'
Plan 1
1 07/06/22 PLANNING REVISION
104
Front Elevations
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 2
1 2
Elevation A
Elevation B
Elevation C
105
First Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.
1 Plan Notes:

Wall-mounted bicycle
storage
1 1
Exterior entry door2
Door to living shall be tight fitting to the frame
and sill. Door shall be solid core with
weather-stripping and lockable from the main
living area.
3 Two-burner electric
cooktop
4 Stainless steel sink
with garbage disposal
5Electrical receptacle
6 ACCESSORY DWELLING UNIT
Upper microwave shelf
with receptacle
7 9
8 5
7 6
4 2
3 8
Undercounter
refrigerator
Base cabinet with
tile countertop
9 10Concrete pathway
Concrete trash pad (7' min.)11
10 11
Plan 2
4 BEDROOMS WITH ATTACHED
1 BEDROOM ADU
3-1/2 BATHS
LOFT
1 07/06/22 PLANNING REVISION
106
Second Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 2
4 BEDROOMS WITH ATTACHED
1 BEDROOM ADU
3-1/2 BATHS
LOFT
1 07/06/22 PLANNING REVISION
107
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'A'
RearLeft
Elevations - 'A'
Plan 2
1 07/06/22 PLANNING REVISION
108
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'B'
RearLeft
Elevations - 'B'
Plan 2
1 07/06/22 PLANNING REVISION
109
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'C'
RearLeft
Elevations - 'C'
Plan 2
1 07/06/22 PLANNING REVISION
110
Front Elevations
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 3
1 2
Elevation A
Elevation B
Elevation C
111
First Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 3
4 BEDROOMS
2-1/2 BATHS
LOFT
1 Plan Notes:

Wall-mounted bicycle
storage
1 1
Concrete pathway
2 Concrete trash pad (7' min.)3
2 3
112
Second Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 3
4 BEDROOMS
2-1/2 BATHS
LOFT
113
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'A'
Rear Left
Elevations - 'A'
Plan 3
1 07/06/22 PLANNING REVISION
114
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

RightRoof Plan 'B'
Rear Left
Elevations - 'B'
Plan 3
1 07/06/22 PLANNING REVISION
115
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

RightRoof Plan 'C'
Rear Left
Elevations - 'C'
Plan 3
1 07/06/22 PLANNING REVISION
116
Elevation A
Elevation B
Elevation C
Front Elevations
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 4
1 2
117
First Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 4
4 BEDROOMS
2-1/2 BATHS
LOFT
1 Plan Notes:

Wall-mounted bicycle
storage
1 1
Concrete pathway
Concrete trash pad (7' min.)3
2 2
3 118
Second Floor Plan
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Plan 4
4 BEDROOMS
2-1/2 BATHS
LOFT
119
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'A'
RearLeft
Elevations - 'A'
Plan 4
1 07/06/22 PLANNING REVISION
120
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'B'
Rear
Elevations - 'B'
Plan 4
1 07/06/22 PLANNING REVISION
Left
121
D a t e 10/15/21

DISCOVERY
DESIGN

GROUP, LLC

PITTSBURG, CA

LIBERTY II
Discovery Builders Inc.

Right
Roof Plan 'C'
Rear
Elevations - 'C'
Plan 4
1 07/06/22 PLANNING REVISION
Left
122
123
124
125
3 2
1 45
6 7 8 9 10
11 12
13 14
15 16 17
P1PRELIMINARY LANDSCAPE AND FENCING PLAN

SITE PLAN

YARD GATES,
TYP.
20'
40'
0'
SCALE: 1"=20'-0"
10'

LIBERTY PHASE II

PITTSBURG, CALIFORNIA
TOTAL
SHEET
TOTAL
OF
C:\Users\Michael\appdata\local\temp\AcPublish_6592\EXH_Liberty_PH2_Prelim.dwg Oct 25, 2021-12:42 pm 2 OCTOBER 25, 2021

MICHAEL

SHU LAR
,
No. 4 8 9 8
Date
Renewal Date

LICENSED

LANDSCAPE

ARCH I T E C T
Exp. 05.31.22
Signature

AI NROFILAC
FO
ETATS
306 Canyon Falls Dr. Folsom, CA 95630
www.msladesign.com
LANDSCAPE ARCHITECTURE, Inc.
916.989.3372

PRELIMINARY

EXISTING CHURCH

CENTRAL AVENUE

COLLEEN CIRCLE

COLLEEN CIRCLE

PROPOSED TREES

SYMBOL BOTANICAL/ COMMON NAME
TREES
15 GALLON CONTAINERS

PISTACIA CHINENSIS 'KEITH DAVEY' CHINESE PISTACHE
California Native Accent Tree: Cercis Occidentalis,
Western Redbud or California Redbud
YARD GATES, TYP.

WOOD FENCING, TYP.

WOOD FENCING, TYP.

LANDSCAPE AREAS, SEE TYPICAL
LOT PLANS.

LANDSCAPE AREAS, SEE TYPICAL
LOT PLANS.

MASONRY WALL

MASONRY
WALL
NOTE:

SEE SHEET P2 FOR FENCE AND

WALL DETAILS
126
P2

GOOD NEIGHBOR WOOD FENCE WITH STEEL POSTS AND GATE DETAIL NTS
6'
HINGE, TYP.

HOUSE
WALL
2"x4" BRACE BOARD
(TOP AND BOTTOM OF GATE)

WOOD FENCE
BOARDS
4"x6" PRESSURE TREATED
DOUG FIR WOOD POST (TYP.)
LATCH
2"x4" DIAGONAL

BRACE BOARD
48"
2 3/8" SCH 20 GALV. STEEL
POSTS

TYPICAL LOT PLAN
1"x6" FENCE
BOARDS
2"x8" PTCT KICK
BOARD

FINISH GRADE
2"x4" DADO

TOP RAIL
2"x4" DADO

BOTTOM RAIL
8' O.C. TYP.
2 3/8" SCH 20 GALV. STEEL
POSTS
1"x6" POST COVER
2"x4" POST FRAMES
8" DIA x 24" DEEP

CONCRETE PIERS

TOP VIEW

SIDE VIEW

LIBERTY PHASE II

PITTSBURG, CALIFORNIA
TOTAL
SHEET
TOTAL
OF
C:\Users\Michael\appdata\local\temp\AcPublish_6592\EXH_Liberty_PH2_Prelim.dwg Oct 25, 2021-12:42 pm 2 OCTOBER 25, 2021

MICHAEL

SHU LAR
,
No. 4 8 9 8
Date
Renewal Date

LICENSED

LANDSCAPE

ARCH I T E C T
Exp. 05.31.22
Signature

AI NROFILAC
FO
ETATS
306 Canyon Falls Dr. Folsom, CA 95630
www.msladesign.com
LANDSCAPE ARCHITECTURE, Inc.
916.989.3372

PRELIMINARY

TYPICAL FRONT YARD PLANTING
1"=8'-0"

CORNER LOT INTERIOR LOT

SALVIA GREGGII 'FURMANS RED'/ RED SAGE

GREVILLEA X 'NOELLII'/ NOELL GREVILLEA

SYMBOL BOTANICAL/ COMMON NAME
SHRUBS
1 GALLON CONTAINERS

XYLOSMA CONGESTUM/ SHINY XYLOSMA

ROSA CARPET RED'/ RED CARPET ROSE

TEUCRIUM FRUTICANS 'VARIEGATED'/ DWARF GERMANDER
5 GALLON CONTAINERS

PROPOSED PLANTS

SYMBOL BOTANICAL/ COMMON NAME
TREES
15 GALLON CONTAINERS

PISTACIA CHINENSIS 'KEITH DAVEY' CHINESE PISTACHE

ARCTOSTAPHYLOS UVA-URSI 'POINT REYES'/ PROSTRATE MANZANITA

LAVANDULA STOECHAS/ SPANISH LAVENDER

PITTOSPORUM TOBIRA VARIEGATA/ VARIEGATED MOCK ORANGE

LAGERSTROEMIA DYNAMITE'/ CRAPE MYRTLE

ACCENT TREE

STREET TREE

YARD GATES YARD GATES

CONCRETE WALK

CONCRETE WALK

CHINESE PISTACHECRAPE MYRTLE MANZANITA SPANISH LAVENDER

RED SAGE DWARF GERMANDER NOELL GREVILLEA VARIEGATED MOCK ORANGE

CARPET ROSE

XYLOSMA

MASONRY WALL SCHEMATIC
NTS

CMU BLOCK PILASTER WITH

SPLIT-FACE FINISH AND PRECAST
STONE CAP.

BASALITE REGAL WALL CAP
(CONTINUOUS BETWEEN PILASTERS).

BASALITE REGAL WALL CAP
(CONTINUOUS BETWEEN

PILASTERS)
8x8x16 CMU MASONRY BLOCK WITH

SPLIT-FACE FINISH

DECORATIVE CONCRETE PILASTER CAP

DECORATIVE CONCRETE

PILASTER CAP
8x8x16 CMU MASONRY BLOCK

WITH SPLIT-FACE FINISH

ELEVATION SECTION
127
LEGEND

SITE PLAN
SCALE: 1"=30'

CENTRAL AVENUE
3 COLLEEN CIRCLE (PRIVATE)
4 5
678
910
11 12
13 14
1516
17 PARCEL "B"
128

CONDITIONS OF APPROVAL

Planning Conditions

1. Conformity with Project Plans
The project shall be constructed in substantial conformity with the Vesting Tentative Map for Subdivision 9550 (Sheets 1 through 4) dated August 2, 2022; the Landscape Plans dated October 25, 2021 (Sheets P-1 and P-2); the Master Plotting Plan dated July 7, 2022; the Architectural and Street Elevation Plans dated October 15, 2021, revised July 6, 2022, except as hereinafter may be modified.

Any major changes to the project plans shall be subject to review and approval by the Planning Commission at the City Planner’s discretion.

2. Contingent Approval
Approval of the Vesting Tentative Map and Design Review is contingent upon City Council adoption of an ordinance approving: 1) a General Plan Map Amendment changing the parcel’s land use designation from Low Density Residential to Medium Density Residential and 2) a Zoning Map Amendment rezoning the project site from RS-5 (Single-Family Residential) District to PD (Planned Development) District and accompanying PD Plan specifying land use and development regulations for the rezoned property.

3. Final Plot Plans
Final plot plans shall be in substantial conformity with the Master Plotting Plan noted above. Minor plot plan rearrangements may be made subject to review and approval by the Planning Division. The Developer shall ensure that:

a) rearrangements shall not result in more than two of the same Plan 1, 2, 3, and 4 house models being located next to one another.
b) where two of the same house models are placed next to one another, a different elevation (either A, B, or C) and different color scheme shall be applied to each house model.
c) all individual plot plans submitted to the Planning Division for review shall note the proposed house plan, elevation, and color scheme, and whether the house plan has been reversed.

4. Final Architectural Plans
Final Architectural Plans shall reflect the following modifications, subject to review and approval by the Planning Division:

a) Horizontal lap siding, board and batten siding, stone/brick veneer, and ledger details, where indicated on front elevations, shall be extended around all adjacent sides. All base trim details (including brick or stone veneer or stucco pop-outs), located along the bottom portion of the first floor and that wrap around the corner to the left or right side elevation of the house, shall extend all the way to the point at which the fence line intersects the respective side Exhibit D
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) 129
wall and to the foundation line, where applicable. Siding, veneer, or ledger details shall be wrapped around all exposed sides of porch pillars. Trim details shall be included between stucco and lap siding or veneer transitions, where appropriate.

5. Additional Green Building Features
The project is required to meet the Residential Mandatory Measures specified under the 2019 California Green Building Standards Code. In addition to those measures, the project shall implement the following Residential Voluntary Measures:

a) A4.106.5 Cool roof for reduction of heat island effect b) A4.106.8 Pre-wire electric vehicle (EV) charging for new construction

6. Pre-Wiring Option for Photovoltaic Panels
The Developer shall include, as part of the options package for buyers of single- family houses in the subdivision, an option that offers pre-wiring of the house for photovoltaic (solar) panels compliant with the 2019 California Energy Code. The construction drawings for each plan shall include appropriate electrical and roof framing details as necessary to reflect the option for pre-wiring the houses for roof- mounted photovoltaic panels. The Developer shall maintain and make available to all potential buyers, in each sales office, a brochure or list of vendors and installers of solar panels for residential use. A copy of the vendor list/brochure shall be provided to the Planning Division, prior to issuance of the first building permit for construction of a single-family residence.

7. Final Landscape Plans
Final Landscape Plans shall reflect the following modifications, subject to review and approval by the Planning Division:

a) Pre-emergent herbicide and a weed barrier shall be provided for all planting areas. Planting areas shall receive a three-inch layer of light brown bark mulch dressing.
b) Mailbox cluster units shall have a black finish.

8. Installation of Landscaping and Irrigation
Prior to occupancy of the houses by residents, the Developer shall complete installation of landscaping and automatic irrigation systems in street landscape areas and front and corner side yards of respective lots, in accordance with Article VII (Landscaping, Irrigation and Hydroseeding) of PMC Chapter 18.84, or other applicable water efficient landscape ordinance, subject to approval by the Community and Economic Development Department. The Developer shall provide the irrigation system controller map, programming table, and annual maintenance schedules to new owners upon sale/transfer of ownership of the residential property from the Developer to the buyer. Typical front yard landscaping shall include a minimum of one street tree and one smaller ornamental tree per lot, 130
along with a combination of shrubbery and ground cover. If required landscaping is not completed prior to final inspection and occupancy, the Developer shall post a bond to assure that the work is completed to the satisfaction of the City.

9. Water-Efficient Model Home
At least one of the model houses built in the development shall demonstrate water- efficient landscaping techniques in accordance with Article 7 of Chapter 18.84 of the Zoning Ordinance. The Developer shall make available to potential buyers brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in PMC Chapter 18.84, Article VII.

10. Street Lights and Spacing
The Developer shall provide a photometric graph and table to determine the appropriate street light spacing for the project. An approved lighting software program that clearly indicates the Average Luminance/Minimum Luminance Uniformity ratio of the roadway within the project area is to be used for the lighting calculations (see City Standard Detail T-1 for details). The Developer shall install single-head decorative luminaire poles with LED decorative (“Acorn”) post top light fixtures (as specified on Sheet T-5 of the City of Pittsburg Traffic and Lighting Details), with a height not to exceed 15 feet, throughout the subdivision in accordance with the photometric graph and table.

11. AC Unit Placement
Air conditioning units shall be placed along the wall in the rear or side yards with a minimum of three feet unobstructed access around the unit, except that one side of the unit may have less than a three-foot separation between the unit and a wall of the house.

12. Rooftop Equipment
Roof vents shall be painted the same color as roofing material to which they are adjacent. Downspouts, side vents, attached utility boxes, and hose bibs shall be painted the same color or colors as the surface or surfaces to which they are adjacent.

13. Address Identification
The Developer shall install, on each residence, minimum four-inch high, block style numbers that contrast with the building façade for address identification purposes.

The numbers shall be a satin black finish and located directly below façade lighting. The construction drawings submitted for each house model shall identify the location of the address box or number(s) on the house façade, along with a detail or keynote that describes how the house number will be illuminated or made identifiable from the street or shared driveways, as applicable.

14. Refuse Management Plan
The Developer shall prepare a Refuse Management Plan to promote the safe, 131
efficient, and timely pickup of refuse by Mt. Diablo Resource Recovery. The Plan shall specify: 1) the designated areas for placement of refuse carts; 2) the designated pickup days and timeframes; 3) parking restrictions along designated pickup areas; and 4) the procedure for green waste pickup by the homeowner association’s landscape contractor. The Plan shall be submitted to and approved by the Planning Manager prior to issuance of the first building permit. The Developer shall provide each prospective home buyer with a disclosure advising them of Refuse Management Plan.

Each proposed single-family residence shall provide a concrete trash pad. All 17 proposed lots shall be able to accommodate three bins (refuse, recyclables, organics) at the curb in the front of each residence. All bins shall be sized to ensure compliance with requirements of Senate Bill 1383 (2016).

15. Housing Affordability
The Developer is required to construct two Accessory Dwelling Units (ADUs) within the project pursuant to PMC Section 18.86.080, which will allow extended families to live near each other, increase the City’s affordable housing stock, and provide opportunities for homeowners to generate additional income consistent with Housing Element Policy P-1.5 and General Plan policies 8-P-1, 8-P-2, 8-P-11.

A covenant shall be recorded limiting the amount of rent that may be charged for each ADU, consistent with the terms and conditions set forth in the Affordable Housing Agreement. Prior to the City’s issuance of the first Certificate of Occupancy, the Developer agrees to enter into an Affordable Housing Agreement with the City consistent with applicable law, including Pittsburg Municipal Code Chapter 18.50.

The Developer agrees that the ADUs referenced in this Section shall not be built or otherwise allowed on adjoining lots without the prior written approval of the City Manager.

16. East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan
The Developer is required to obtain permit coverage under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“ECCC HCP/NCCP”). The Developer shall complete an ECCC HCP/NCCP Planning Survey Report (PSR) for the Project. The PSR shall be submitted to and approved by the Planning Manager prior to issuance of the first building permit.

17. Windows
The Developer is required to provide sound walls and upper-floor windows of residences adjacent to the Union Pacific Railroad tracks (homes on Lots 11, 12, 13, and 14) to be upgraded to a Sound Transmission Class (STC) rating of 32. The proposed sound walls and upper-story windows will help ensure interior noise levels do not exceed 45 dB CNEL (Policy 12-P-6).
132

18. RASP EIR Mitigation Measures
The developer shall comply with the environmental impact mitigation measures identified below.

a) AQ-1.1 Implement dust control measures. To reduce particulate matter emissions during construction, the City shall ensure that all development proposed under the Railroad Avenue Specific Plan complies with the dust control strategies developed by BAAQMD. These dust control strategies shall include:
i. Cover all trucks hauling construction and demolition debris from the site;
ii. Water all exposed or disturbed soil surfaces at least twice daily; iii. Use watering to control dust generation during demolition of structures or break-up of pavement;
iv. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; v. Sweep daily (with water sweepers) all paved parking areas and staging areas during the earthwork phases of construction; vi. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
vii. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);
viii. Limit traffic speeds on unpaved roads to 15 mph;
ix. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and
x. Replant vegetation in disturbed areas as quickly as possible.

b) AQ-1.2 Reduce emissions from heavy-duty diesel-powered equipment. The City shall ensure that all development proposed under the Railroad Avenue Specific Plan implements measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment during demolition and construction:
i. Keep all construction equipment in proper tune in accordance with manufacturer’s specifications.
ii. Use late model heavy-duty diesel-powered equipment at the Project Site to the extent that it is readily available in the San Francisco Bay Area.
iii. Use diesel-powered equipment that has been retrofitted with after- treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area.
iv. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the Project Site to the extent that it is readily available and cost effective in the San Francisco Bay Area (this does not apply to diesel-powered trucks traveling to and from the site.
133
v. U tilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area.
vi. Limit truck and equipment idling time to five minutes or less. vii. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible.

c) AQ-6.1 Develop and implement a plan to reduce operational air emissions. Prior to approval of building entitlements and permits, the project developers shall be required to demonstrate to the City that stationary source emissions reduction measures have been included to reduce operational emissions resulting from development in the project area to the maximum extent practicable. A plan for reducing stationary sources shall be approved by City staff. The plan shall include measures such as, but not limited to, incorporating energy-saving appliances for heating and air conditioning units and energy efficient lighting.

d) NO-1.1 Implement construction best management practices to reduce construction noise. The construction contractor(s) shall implement the following measures during the construction under the Railroad Avenue Specific Plan:
i. Restrict construction activities to the hours of 8:00 a.m. to 5:00 p.m. ii. Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically attenuating shields or shrouds, wherever feasible).
iii. Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or iv. electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.

However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to 10 dBA. External jackets on the tools themselves shall be used where feasible, and this could achieve a reduction of 5 dBA. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible.
v. Construction contractor shall use “quiet” gasoline-powered compressors or other electric-powered compressors and use electric rather than gasoline or diesel-powered forklifts for small lifting.
vi. Stationary noise sources, such as temporary generators, shall be located as far from adjacent receptors as possible, and they shall 134
be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. vii. Erect temporary plywood noise barriers around the construction site, to shield adjacent uses.
viii. Prohibit trucks from idling along residential streets serving the construction site.

e) NO-3.1 Implement site and architectural design measures to reduce noise levels for new residential development with ambient noise levels greater than 65 dBA CNEL. Per the General Plan, new development located near a roadway that produces noise levels greater than 65 dBA CNEL (measured at the façade of a proposed residential use) shall be required to have an acoustical analysis prepared by a qualified acoustical engineer to ensure that all feasible site planning and architectural design measures were incorporated to reduce interior noise levels to a maximum of 45 dB CNEL.

Measures to achieve acceptable noise levels include adjusting the configuration of the proposed residential buildings and placing exterior living areas such as patios and balconies away from high traffic roadways.

Recommendations from the acoustical study must be incorporated into building and site design and submitted to the City for approval prior to issuance of a building permit.

f) BIO-1 Conduct a nesting bird survey within the Specific Plan Area.

Project applicants shall be required to comply with the following activities prior to construction during the nesting season, March 1st to August 1st. Outside the specified time period, no mitigation would be required.

1. Between March 1st and August 1st, the applicant shall have a qualified biologist conduct nest surveys 30 days prior to any demolition/construction activities that are within 500 feet of potential nest trees. A pre-construction survey report shall be submitted to (California Department of Fish and Wildlife, CDFW) and the City of Pittsburg that includes, at a minimum: (1) a description of the methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited, and persons contacted; and (2) a map showing the location(s) of any bird nests observed on the project site. This report shall be consistent with the requirements from the East Contra Costa County (Habitat Conservation Plan). If no active nests of the Migratory Bird Treaty Act, California Department of Fish and Game, or U.S. Fish and Wildlife Service protected species are identified then no further mitigation is required.

2. Should active bird nests be located in the survey area, the applicant, in consultation with the City of Pittsburg and CDFW, shall delay construction in the vicinity of active nest sites during the breeding season (March 1st through August 1st) while the nest is occupied with adults and/or young.
135

3. A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. If the construction cannot be delayed, avoidance shall include the establishment of a non- disturbance buffer zone around the nest site. The size of the buffer zone will be determined in consultation with the CDFW but will be a minimum of 100 feet. The buffer zone shall be delineated by highly visible temporary construction fencing.

4. No intensive disturbance (e.g., heavy equipment operation associated with construction or use of cranes) or other project related activities that could cause nest abandonment or forced fledging, shall be initiated within the established buffer zone of an active nest between March 1st and August 1st.

5. If demolition/construction activities are unavoidable within the buffer zone, the project applicant shall retain a qualified biologist to monitor the nest site to determine if construction activities are disturbing the adult or young birds. If abandonment occurs the biologist shall consult with CDFG or USFWS for the appropriate salvage measures.

This could include taking any nestlings to a local wildlife rehabilitation center.

6. Trees that support active nests which are to be removed shall only be removed during the non-breeding, non-nesting season.

g) CR-1 Treatment of unexpected paleontological resources. Should paleontological resources be identified at project construction sites during any phase of construction, the construction contractor/supervisor shall cease operation at the site of the discovery and immediately notify the City of Pittsburg Planning Department. The project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less- than-significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the City of Pittsburg Planning Department shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.

Engineering Conditions

Engineering Fees and Deposits:

19. Major Subdivision Map Processing Fee
The Developer shall pay the subdivision map processing fee according to the following amounts as applicable to the project:

136
1st – 3rd Final Map Check 4th Final Map Check+
5-50 lots $4,000 $4,000 + $800/ea. additional map check 51-150 lots $4,500 $4,500 + $1,065/ea. additional map check 151 or more $5,000 $5,000 + $1,330/ea. additional map check

50% of this fee shall be submitted with the first plan submittal. The remaining balance shall be paid in full to the Engineering Division prior to the City Council’s approval of the final map.

20. Improvement Plan Check Fee
The total improvement plan review fee is 4.5% of the engineer’s estimate for the cost of improvements. An initial payment of 50% of the estimated total improvement plan review fee is to be submitted to the Engineering Division with the engineer’s estimate with the first plans submittal. The remainder of the fee shall be due payable prior to the issuance of an Engineering Site Development Permit.

21. Improvement Inspection Fee
The Developer shall pay an Improvement Inspection Fee according to the following rates as applicable to the project:

Percent of Engineer’s Estimate Total Estimated Project Costs

7.5% > $500,000
5% $500,001 - $5 million

4.6% $5 million<

The Improvement Inspection Fee shall be due payable prior to the issuance of an Engineering Site Development Permit.

22. Grading Plan Check Deposit
The total Grading Plan Review Fee is 2.5% of the engineer’s estimated cost for grading, or it may be based upon cubic yards of earth disturbance as set forth in the City’s Master Fee Schedule. An initial payment of 50% of the estimated total Grading Plan Review Fee is to be submitted to the Engineering Division with the engineer’s estimate with the first plans submittal. The remainder of the fee shall be due payable prior to issuance of a Grading Permit.

23. Grading Inspection Fee
The Grading Inspection Fee is 3% of the engineer’s estimated for the cost of grading. The Grading Inspection Fee may also be based upon an approved engineer’s estimate of total cubic yards, according to the current schedule of grading fee charges as set forth in the City’s Master Fee Schedule.

24. In Lieu Parkland Dedication Fee
The Developer shall pay an In-Lieu Parkland Dedication Fee equivalent to providing five acres of park area per one thousand persons residing within the new 137
development and shall be based on the fair market value of developed parkland, or as established with separate agreement as approved by the City Engineer.

25. Facility Reserve Charge
The Developer shall pay the City of Pittsburg Facilities Reserve Charge (PMC Chapters 13.08, 13.12 and 13.24) (the “FRC”) to the Engineering Division, for water and sewer service in the amounts in effect when the applicant obtains a building permit.

26. Local Traffic Mitigation Fee
The Developer shall pay the Local Transportation Mitigation Fee (PMC Chapter

15.90) (the “LTMF”) amount in effect when the applicant obtains a building permit.

The Developer understands that the LTMF is reviewed and adjusted annually to the current Construction Cost Index (CCI) and may be increased at the City Council’s discretion based on revised cost estimates for roadway and transit facilities and other factors that demonstrate an increase is needed to offset traffic impacts caused by the proposed development. The LTMF is calculated by dividing the total fee share of improvement costs by the total number of Dwelling Unit Equivalencies (“DUE”) in the City, as described in PMC Chapter 15.90 and the Pittsburg Local Transportation Mitigation Fee Program Update, copies of which are available from the City.

27. Regional Traffic Mitigation Fee
The Developer shall pay the Regional Transportation-Development Impact Mitigation Fee (PMC Chapter 15.103) (the “RTDIM”) amount in effect when the Developer obtains a building permit. The RTDIM will be automatically increased or decreased on January 1 of each year based on the percent change in the Engineering News-Record Construction Costs Index – San Francisco Bay Area, between September 1 and September 1 of the preceding two calendar years.

28. Sanitary Sewer CCTV Inspection Deposit
The Developer shall pay the sanitary sewer CCTV inspection deposit as set forth in the City’s Master Fee Schedule. The current deposit amount is $1,000 for the first 1,000 linear feet of sewer main, plus $1.50/linear foot of additional sewer pipe.

29. Storm Drain CCTV Inspection Deposit
The Developer shall pay the storm drain CCTV inspection deposit as set forth in the City’s Master Fee Schedule. The current deposit amount is $1,000 for the first 1,000 linear feet of storm drain main, plus $1.50/linear foot of additional storm- drain pipe.

30. Geographical Information System
The Developer shall pay the Geographic Information System fee as set forth in the City’s Master Fee Schedule. The current fee is $114/dwelling unit for residential use.

138

31. NPDES Plan Review Fee
The Developer shall pay a National Pollutant Discharge Elimination System (“NPDES”) plan review fee for review of stormwater control plans and processing of closeout agreements and/or review of Storm Water Pollution Prevention Plans (“SWPPP”). The current fee is:

• $3,933 for the first 10,000 sf up to 1st acre
• Add additional $145/acre for projects greater than 1 acre, up to the first 5 acres
• Add additional $32/acre for projects greater than 5 acres

32. NPDES Site Inspection Deposit
The Developer shall pay an NPDES inspection deposit for city staff’s inspection of C.3 compliant facilities constructed, and/or inspection of construction site for compliance with Best Management Practices in accordance with the City’s Municipal Regional Stormwater NPDES Permit. The current rate is:

• $15,000 for the first 10,000 sf up to 1st acre
• $30,000 for projects greater than 1 acre

This deposit shall remain in place for the duration of the first year of the proposed project. If the proposed project is completed prior to the project’s one-year anniversary, the remaining balance of the deposit will be returned to the Developer.

33. Supplemental Studies
If additional engineering studies are deemed necessary by the City Engineer, i.e. geotechnical, structural, hydraulic, etc., or expedited reviews are requested by the Developer, the Developer shall pay for all costs related to the extra work. The costs may include the preparation of special studies, additional staff time, and/or reviews of the special studies if studies are prepared by the applicant’s engineer.

Engineering Submittals:

34. Electronic Submittals
The Developer shall submit electronic, pdf. files of the engineering plans to the Engineering Division for review and approval through the Accela permitting portal.

The plans shall be prepared by a registered civil engineer, to include but not be limited to the following:

• Site Plan
• D emolition Plan
• Grading and Drainage Plan
• Utilities Plan
• Landscaping and Irrigation Plan
• Joint Trench and Photometric Plan
139
• Signing and Striping Plan
• Offsite Improvements Due to Project Impacts

35. Final Map
The Developer shall submit the Final Map with closure calculations, prior to City Council’s approval of each Final Map, Improvement, or Grading Plans.

36. Geotechnical Report
The Developer shall submit a current Geotechnical Report that supports the design features incorporated into the proposed project including, but not limited to, grading activities, compaction requirements, utility construction, slopes, retaining walls, and roadway sections. The Geotechnical Report shall be submitted to the Engineering Division for review prior to the approval of any civil plans and/or the issuance of an Engineering Permit.

37. Record Drawings
Before project acceptance, the Developer shall submit a complete set of record drawings to the Engineering Division, in an acceptable electronic format, that is AutoCAD compatible (including Final Maps, Grading Plans, Improvement Plans, Landscaping, Irrigation Plans, etc.).

National Pollutant Discharge Elimination System (NPDES):

38. Permit Coverage under the State General Construction Permit The Developer shall submit a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board for coverage under the Construction general Permit, and a copy of the Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall identify Best Management Practices (BMPs) appropriate to the uses conducted on-site to effectively prohibit the entry of pollutants into storm water runoff. The SWPPP shall also include measures to prevent soil, dirt, and debris from entering the storm drain system, in accordance with California Stormwater Quality Association’s (CASQA’s) construction handbook.

39. Stormwater Offsite Compliance
In accordance with the Memorandum of Understanding executed with the City on May 16, 2016, and amended December 12, 2019, the Developer chooses to use offsite mitigation credits in lieu of constructing Low Impact Development (LID) stormwater facilities within the project site.

40. Full Trash Capture Device. The Developer shall install full trash capture devices, approved by the San Francisco Regional Water Quality Control Board, in all inlets within the project area. These devices shall be maintained in perpetuity by the Developer.

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Utilities:

41. Capacity Evaluation
The Developer shall evaluate the existing, receiving storm, sewer, and water facilities for adequate capacity and provide the results to the City to identify any service or supply problems. The cost for installation of additional facilities required to be constructed to accommodate the project shall be borne by the Developer.

Traffic and Site Improvements:

42. Parking
The Developer understands that on-site street parking will not be permitted to maintain fire truck and emergency access.

43. Curb Ramps
The Developer shall provide ADA compliant curb returns.

44. Walls
The Developer shall install sound walls proposed at the railroad tracks and between the church and homes. Walls to be 8’ tall.

45. Traffic Plan
The Developer shall include pavement striping, red curbs, signage, and dimensions of parking lot in plans.

Site Design Conditions:

46. Sidewalks
The Developer shall provide 4.5’ wide sidewalks throughout the subdivision.

47. Retaining Walls
The Developer shall construct retaining walls made from concrete block, gravity concrete, or similar material when walls are required between lots.

48. Sump Area Drainage
The Developer shall provide a safe release of drainage from sump areas, without conveying water over private property, allowing water to drain without damaging private or public improvements in the event of blockage of the storm drain system.

49. Water Conveyance
The Developer shall provide proper water line size to meet the domestic and fire protection demands for the proposed subdivision.

50. Fire Hydrants
The Developer shall provide fire hydrant locations approved by Contra Costa County Fire Prevention District.

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51. Water Sampling Station
The Developer shall provide a water sampling station as required by the City of Pittsburg Public Works Department.

52. Utility Parcel Dedication
The Developer shall create and dedicate utility parcels to the City rather than utility easements between lots.

53. Water Use Calculations
The Developer shall provide estimated water use calculations to show compliance with the City’s water efficient landscape ordinance.

Engineering Exactions (CFD inclusion):

54. Annexation Documentation for CFD 2005-1
Community Facilities District 2005-1 is for Public Safety Services, the fee will provide funding for an increase of police coverage in the area. The rate of the CFD 2005-1 fee is subject to City Council Resolution No. 05-10342. The Developer shall deliver written approval in a manner acceptable to the City Engineer, that the owner of the parcel is electing to annex the subject property into the 2005-1 Public Safety Services Community Facilities District (CFD 2005-1), prior to the recordation of the Final Map.

55. Annexation Documentation for CFD 2007-1
Community Facilities District 2007-1 is for Park Maintenance. The rate of the CFD 2007-1 fee is subject to City Council Resolution No. 07-10698. The Developer shall deliver written approval in a manner acceptable to the City Engineer, that the owner of the parcel is electing to annex the subject property into the 2007-01 Park Maintenance Community Facilities District (CFD 2007-1), prior to the recordation of the Final Map.

56. Annexation Documentation for CFD 2014-1
Community Facilities District 2014-1 is for the Railroad Avenue Specific Plan (RASP) area. The rate of the CFD fee is subject to City Council Resolution No. 14- 12094. The Developer shall pay the one-time CFD fee for Community Facilities District (CFD 2014-1), prior to issuance of any building permits.

Fees are assessed on a per lot basis depending on each lot’s distance from the Bay Area Rapid Transit (BART) station within the RASP area for the fiscal year rates in place at time of building permit. Lots located within one-quarter mile of the BART station are located in Tax Zone 1. Lots located between one-quarter mile and one-half mile of the BART station are located in Tax Zone 2. Lots located beyond one-half mile of the BART station are located in Tax Zone 3. Lots that straddle the Tax Zone boundaries shall pay the higher of the Tax Zone fees.

Therefore, lots 11, 12, 13, 14, 15, 5 and 6 are located fully or partially within Tax Zone 2. The remaining lots (17, 16, 4, 3, 2, 1, 7, 8, 9 and 10) are located fully within Tax Zone 3.
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57. Annexation Documentation for CFD 2016-1
Community Facilities District 2016-1 is for the continuous maintenance of offsite stormwater treatment facilities constructed at Carion Court. The rate of the CFD 2016-1 fee is subject to City Council Resolution 16-13160. The Developer shall deliver written approval in a manner acceptable to the City Engineer, that the owner of the parcel is electing to annex the subject property into the Maintenance of Project Facilities Community Facilities District (CFD 2016-1), prior to the recordation of the Final Map.

58. Annexation Documentation for CFD 2017-1
Community Facilities District 2017-1 is for fire facilities and fire safety and emergency services. The rate of the CFD 2017-1 fee is subject to City Council Resolution No. 17-13311. The Developer shall deliver written approval in a manner acceptable to the City Engineer, that the owner of the parcel is electing to annex the subject property into the 2017-1 Fire Facilities and Fire Safety and Emergency Services Community Facilities District (CFD 2017-1), prior to the recordation of the Final Map.

Fire Conditions

59. The Contra Costa County Fire Protection District has development impact fees established in City of Pittsburg. Proposed projects within the development impact areas will need to pay the fees prior to Building Permit issuance.

60. Access as shown appears to comply with Fire District requirements.

Provide emergency apparatus access roadways with all-weather (paved) driving surfaces of not less than 20-feet unobstructed width, and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access shall have a minimum outside turning radius of 45 feet, and must be capable of supporting the imposed fire apparatus loading of 37 tons. (503) CFC

61. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC

Access roadways of 28 feet or greater, but less than 36-feet unobstructed width shall have NO PARKING - FIRE LANE signs posted, allowing for parking on one side only or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC

62. The Developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 1000 GPM. Required flow must be delivered from not more than 1 hydrant flowing for a duration of 120 minutes while maintaining 20-pounds residual pressure in the main. (507.1), (B105) CFC 143

63. The Developer shall provide hydrants of the East Bay type in compliance with Chapter 5 and Appendix B and C of the California Fire Code. (C103.1) CFC.

64. A Land Development Permit is required for access and water supply review and approval prior to submitting building construction plans.

The Developer shall submit a minimum of two (2) copies of full size, scaled site improvement plans indicating:

All existing or proposed hydrant locations,
Gates, fences, retaining walls, bio-retention basins, any obstructions to access.

Fire apparatus access,
Size of largest home and type of construction,
Striping and signage plan to include "NO PARKING-FIRE LANE" markings.

This is a separate submittal from the building construction plans. These plans shall be approved prior to submitting building plans for review. (501.3) CFC

65. Emergency apparatus access roadways and hydrants shall be installed, in service, and inspected by the Fire District prior to construction or combustible storage on site. (501.4) CFC

Note: A temporary aggregate base or asphalt grindings roadway is not considered an all-weather surface for emergency apparatus access. The first lift of asphalt concrete paving shall be installed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 37 tons.

66. The homes as proposed shall be protected with an approved automatic fire sprinkler system complying with the 2016 edition of NFPA 13D / R or Section R313.3 of the 2019 California Residential Code. Submit a minimum of two (2) sets of plans to this office for review and approval prior to installation. (903.2) CFC, (R313.3) CRC, Contra Costa County Ordinance 2019-37.

67. The Developer shall provide traffic signal pre-emption systems (Opticom) on any new or modified traffic signals installed with this development. (21351) CVC

68. Development on any parcel in this subdivision shall be subject to review and approval by the Fire District to ensure compliance with minimum requirements related to fire and life safety. Submit three (3) sets of plans to the Fire District prior to obtaining a building permit. (501.3) CFC

69. The owner or the owner's authorized agent shall be responsible for the development, implementation and maintenance of a written plan establishing a fire prevention program at the project site applicable throughout all phases of the construction. The plan shall be made available for review by the fire code official upon request. (Ch.33) CFC
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The fire prevention program superintendent shall develop and maintain an approved prefire plan in cooperation with the fire chief. The fire chief and fire code official shall be notified of changes affecting the utilization of information contained in such prefire plans. (Ch.33) CFC

Standard Conditions

70. Standard Conditions of Development
The Standard Conditions of Development, as adopted by the Pittsburg Planning Commission by Resolution No. 8931, shall apply as conditions of approval for this project as applicable. Where there is a conflict between the Standard Conditions and the project-specific conditions identified in this resolution, the specific conditions of this resolution shall govern.

71. Design of Storm Drain, Water, and Sewer Facilities The design and construction of storm drain, water, and sewer facilities shall be in accordance with PMC Section 17.28.020.

72. Compliance with PMC Title 12, 13, and 15
All site development shall comply with PMC Title 12 (Streets, Sidewalks, and Utilities), Title 13 (Water and Sewers), and Title 15 (Buildings and Construction) as determined by the City Engineer. Issuance of a site development permit will be required whereby specific engineering requirements will be made as conditions of approval.

73. Undergrounding of Utilities
All utility boxes and/or transformers shall be undergrounded. Where undergrounding is deemed infeasible or not recommended by Pacific Gas & Electric (PG&E), utility boxes and/or transformers shall be masked by either faux stone utility box covers or a landscape screen. Screening mechanism shall be approved by the Planning Manager prior to installation.

74. Other Agency Requirements
The Developer shall comply with all the requirements of the Community Development Department and all other applicable local, state, and federal agencies.

75. Indemnification
Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person challenging the validity of this project approval, subsequent project approval, or other action arising out of, or in connection with, this project approval. The parties shall cooperate in defending such action or proceeding. The parties shall use reasonable efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel at developer’s sole cost and 145
expense. Developer may select its own legal counsel to represent developer’s interests at developer’s sole cost and expense. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement to City on a monthly basis.

Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent responding to and defending the claim, action or proceeding.

76. Vesting Tentative Map Expiration
The conditional approval of the Vesting Tentative Map expires 36 months after the adoption of this resolution, in accordance with PMC section 17.20.070(a). The expiration of the map terminates all proceedings and no final or parcel map may be filed without first processing a new tentative map. An extension of approval may be granted by the Planning Commission upon application to the Planning Division before the map expiration date.

77. Design Review Approval Expiration
The conditional Design Review approval of the Vesting Tentative Map for Subdivision 9550, Landscape Plans, Master Plot Plan, and Architectural Plans, and Street Elevations will expire 24 months after the adoption of this resolution, unless a building permit or grading permit has been issued or a written request for extension is filed with the Planning Division prior to the expiration date and subsequently approved by the Planning Commission. The approval shall be valid for no more than six months from the date of building or grading permit issuance unless work is commenced and diligently pursued prior to the expiration of the building or grading permit.
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Ordinance No. 22- Page 1 of 6 September

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Ordinance Approving a Zoning Map ) ORDINANCE NO.

Amendment for a 17-Lot, Single-Family )
Residential Subdivision at 360 Central )
Avenue, for “Liberty Residential )
Subdivision Phase II, AP-21-1599 (GP, )
RZ, SUBD, DR).” )
The PITTSBURG City Council DOES ORDAIN as follows:

SECTION 1. Recitals.

A. On September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting approval of: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential, 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square-foot minimum lot size) to PD (Planned Development), 3) a Vesting Tentative Map for a 17-lot Major Subdivision; and 4) Design Review. The project site is located at 360 Central Avenue. Assessor Parcel Number 086-151-002.

B. The proposed project is governed by the applicable goals and policies of the Pittsburg General Plan, the Pittsburg Municipal Code (PMC), and the City’s adopted Design Review and Development Guidelines (DRDGs; Planning Commission Resolution No. 9864).

C. The proposed project statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines. Government Code section 65457(a) provides that any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980, is exempt from the requirements of CEQA. This exemption is also codified in the CEQA Guidelines, section 15182(c).

D. Pursuant to PMC sections 18.16.02 and 18.48.030, the City Council, upon recommendation of the Planning Commission, may approve a zoning map amendment if it finds that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice.

E. On August 9, 2022, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10196, recommending approval of the proposal in its entirety, including the requested Zoning Map Amendment. 147
Ordinance No. 22- Page 2 of 6 September 19, 2022 F. On or prior to Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice.

G. On September 19, 2022, the City Council held a duly-noticed public hearing to: 1) introduce and waive further reading of this ordinance approving the proposed Zoning Map Amendment; and 2) adopt a resolution approving the proposed General Plan Map Amendment, Vesting Tentative Map and Design Review, at which time oral and/or written testimony was considered.

SECTION 2. Findings.

A. Based on the City Council Staff Report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. All recitals above are true and correct and are incorporated herein by reference.

Zoning Map Amendment:

2. The proposed amendment to the Zoning Map is consistent with the objectives, policies, general land uses, and programs specified in the General Plan in that:
a. The proposed project will be developed on an infill site, thereby helping the City maintain a compact urban form within the City’s projected municipal boundary (Goal 2-G-1).
b. The proposed project will provide medium intensity single-family residential near the Downtown and in an area accessible to transit and services (Goals 2-G-4 and 3-G-3). The project site is within a half-mile distance of the Pittsburg Center BART Station and a quarter-mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387).
c. The proposed project will expand Pittsburg’s housing diversity by providing single-family development on smaller lots ranging from 148
Ordinance No. 22- Page 3 of 6 September 19, 2022 approximately 2,000 to 4,200 square feet (Goal 2-G-5 and Housing Goal G-1).
d. The proposed project will utilize a Planned Development (PD) zoning, in part, to achieve a high-quality design outcome (Policy 2-P-5). e. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development (Policy 3-P-1, 3-P-13, and 7-P-2). The proposed project will comply with conditions of approval requiring payment of the Facilities Reserve Charge, Local Traffic Mitigation Fee (LTMF), and Regional Transportation Development Impact Mitigation Fee (RT-DIM) in accordance with the Pittsburg Municipal Code.
f. The proposed project will promote the public health, safety, and general welfare in that it requires the Developer to: a) pay fees to finance unmet local and regional traffic improvement needs; b) annex the site into the City’s Community Facilities District (CFD) 2007-1 for park maintenance; c) annex the site into the City’s CFD 2016-1 for maintenance of off-site stormwater facilities; d) annex the site into the City’s CFD 2005-1 for police and other emergency services; e) annex the site into the City’s CFD 2014-1 for Railroad Avenue Specific Plan improvements and f) annex the site into the City’s CFD 2017-1 for fire facilities and fire safety and emergency services.
g. The proposed project will be built in an area where public facilities and infrastructure are already available (Policy 3-P-1).
h. The existing transportation system has adequate capacity to accommodate the proposed project (Policy 3-P-2). Residents of the proposed project will have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and bicycle lanes.
i. The Developer was not required to prepare a traffic impact study because the proposed project is expected to generate under 100 net new peak hour trips (Policy 3-P-5).
j. The proposed project will provide safe and contiguous routes for pedestrians and bicyclists (Policy 3-P-17, 7-P-34, and 7-P-40) in that there is an existing Class II bicycle lane along Central Avenue. k. The proposed project focuses single-family residential on a site that has been designated as a Priority Development Area under the Metropolitan Transportation Commission and Association of Bay Area Government’s FOCUS Program (Policy 3-P-18 and Housing Policy P-1.1 D). l. The proposed project will promote the development and intensification of the Downtown commercial core as neighborhood retail center by 149
Ordinance No. 22- Page 4 of 6 September 19, 2022 increasing the demand for retail and other amenities (Goal 5-G-2). m. The proposed project will encourage walking as a regular means of transportation due to the site’s proximity to various amenities (Goal 7-G- 15). The project site is within a half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, the Pittsburg Center BART Station, and the Downtown commercial core.
n. The proposed project will include bicycle racks in each garage for secure bicycle parking (Policy 7-P-45).
o. The Developer was not encouraged to dedicate a public park because the proposed development includes less than 150 units (Policy 8-P-16). p. The Developer will equitably share the costs associated with providing water and wastewater services to the proposed project through payment of the Pittsburg Facilities Reserve Charge (Policy 11-P-7 and 11-P-18). q. The proposed project will include sound walls along the north and south perimeter and provide upper-floor windows of residences adjacent to the UPRR tracks (homes on Lots 11-14) to be upgraded to a Sound Transmission Class (STC) rating of 32. The proposed sound walls and upper-story windows will help ensure interior noise levels do not exceed 45 dB CNEL (Policy 12-P-6).
r. The proposed Zoning Map amendment is for a project site that is vacant, underutilized, and appropriate for higher-density residential use given its proximity to schools, parks, transit, and commercial amenities (Housing Element Policy P-1.1 B).
s. The proposed project will provide market-rate housing near in the Downtown and increase demand for economic activity in nearby shopping centers (Housing Policy P-1.2).
t. The proposed project will provide two, single-family homes with Accessory Dwelling Units (ADUs) that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners (Housing Policy P-1.5). u. The proposed project will help attain the City’s Regional Housing Needs Allocation for moderate and above-moderate income households (Policy P-1.6).
v. The proposed project will comply with conditions of approval requiring construction of quality home designs to ensure future residents will enjoy an attractive living environment (Housing Goal G-5 and Policy P-5.1).

3. The proposed amendment to the Zoning Map is compatible with the uses 150
Ordinance No. 22- Page 5 of 6 September 19, 2022 authorized in, and the regulations prescribed for, the land use district for which it is prepared, in that the land uses allowed in the proposed ‘PD District’ will be the same as those allowed in the ‘RS-4 (Single-Family Residential) District’ and the development regulations for the proposed ‘PD District’ will be those specified in the PD Plan in Exhibit B of this resolution.

4. There is a community need for the proposed zoning change, in that the amendment will facilitate occupancy of a long-standing vacant site in accordance with the City’s housing goals calling for development of a variety of housing types, densities, and prices to balance the City’s housing stock and to meet Pittsburg’s regional fair share housing needs for people of all income levels. Providing 57 small-lot, market-rate residential units along with six income-restricted accessory units at the site will provide diverse housing options for residents and create an opportunity for more residents to utilize the Pittsburg Center BART Station and other public transit opportunities.

5. The proposed zoning amendment will be in conformity with public convenience, general welfare, and good zoning practice, in that the amendment will facilitate development of a long-standing vacant site, which could help to eradicate existing problems that come with vacant sites, such as illegal dumping and loitering. Additionally, the proposed project will add additional residents to the area who may frequent the established and potential commercial uses envisioned along Railroad Avenue. In addition, the site’s proximity to both the Pittsburg Center BART Station and two existing bus routes presents an opportunity for more residents to utilize public transit opportunities.

SECTION 3. Decision.

Based on the findings and the authority set forth above, the City Council hereby:

A. Amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for the project site from RS-5 District to ‘PD’ District and adopting specific land use and development regulations as substantially presented in Exhibit A of this resolution.

SECTION 4. Effective Date
This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Publication.

The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption.
151
Ordinance No. 22- Page 6 of 6 September 19, 2022 The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on September 19, 2022, and was adopted and ordered published at a meeting of the City Council held on October 3, 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
152
Attachment 2 – Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Fig. 1: Existing Zoning

153
Attachment 2 – Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Fig. 2: Proposed Zoning

154
Attachment 2 – Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Purpose and Applicability
The purpose of this PD Plan is to establish land use and development regulations for a 17-unit, single-family residential subdivision on a 1.8-acre site located 360 Central Avenue (APN:
086-151-002).

Land Use Regulations
The land uses allowed in the PD (Planned Development) District (shown in Figure 2) shall be the same as those allowed in the RS- 4 (Single-Family Residential) District (Pittsburg Municipal Code [PMC] Chapter 18.50).

Development Regulations
Except as indicated in the table at right, all development regulations of the PD District shall be the same as those of the RS-4 District. Use and development of the property would also comply with Article 3 (Performance Standards), Article 5 (Home Occupations) of PMC Chapter 18.50 and with the Off-Street Parking Requirements of PMC Chapter 18.78.

PD Development Regulations
Min. Lot Size 2,000 sq. ft.

Min. Lot Width 40 ft.

Min. Front Yard
(fronting on private road) 4 ft.

Min. Corner Side Yard
(next to private road) 4 ft.

Min. Interior Side Yard 4 ft.

Min. Rear Yard 4 ft.

Max. Encroachment into a Required Yard 1 ft.

Max. Lot Coverage 60%
Max. Building Height 28 ft.

155
Attachment 3
156
157
158
159
160
161
162
163
164
165
Attachment 4
Photos of Site and Surroundings
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Above: View of entrances to Project Site from Central Avenue looking south

Above and Below:

East entrance to Project Site from
Central Avenue

Above and Below:

West entrance to Project Site from
Central Avenue

166

Above: View of entrance to Project Site from Central Avenue looking west toward Railroad Avenue

Above: View of entrance to Project Site from Central Avenue looking east toward Harbor Street 167

Above: View of Project Site from Union Pacific Railroad looking north toward Hamilton Memorial Church (to remain) and Central Ave
Below: View of Project Site from southern property line looking north toward Hamilton Memorial Church (to remain) and Central Avenue

168

Below: View of Project Site from northern property line (southside of Hamilton Memorial Church) looking south toward Union Pacific Railroad

Below: View of vacant property from Hamilton Memorial Church looking north across Central Avenue

169
Attachment 5
Map of Surrounding Uses
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Project Site

170
Attachment 5
Map of Surrounding Uses
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Project Site Income-Restricted Developments ¼ mile radius of Project Site

171

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Letter Report
August 1, 2022
Alison Hodgkin, Associate Planner
City of Pittsburg, Planning Division
65 Civic Avenue
Pittsburg, CA 94565
RE: CEQA Environmental Documentation for the Liberty Subdivision Phase II Dear Ms. Hodgkin :

FirstCarbon Solutions (FCS) has reviewed the proposed Liberty Subdivision Phase II application to determine the appropriate level of environmental review required under the California Environmental Quality Act (CEQA). As documented below, given the available information, FCS determined that the project is consistent with the Railroad Avenue Specific Plan (RASP) and the existing environmental analysis sufficiently addresses the requirements of CEQA.

PROJECT UNDERSTANDING
Regional and Local Setting
The project site is located in the City of Pittsburg (City). The City is located in eastern Contra Costa County in the San Francisco Bay Area and is part of the Sacramento-San Joaquin River Delta area. The approximately 1.08-acre project site (78,559 square feet) is located on Assessor’s Parcel Number (APN) 086-151-002.

The City is located within an urbanized area, with residential, commercial, public, and light industrial uses in the eastern and central parts of the City, and heavy industrial uses in the northeastern portion. Regional access to the project area is provided from the east by State Route (SR) 4 (the California Delta Highway), locally from the north by Harbor Street, and locally from the east by East 14th Street. The areas adjoining and surrounding the project site include low-density residential areas with single-family homes to the east, west, and south, and a church and commercial areas to the north. The Union Pacific Railroad forms the southern border of the project site.

Project Description
The proposed project includes the construction of 17 new single-family homes with related access roads and landscaping. The site is bounded on the west by the 57-unit Liberty Phase I development and on the east by the 35-unit Terra Nova residential subdivision. To the north, there is a 0.65-acre parcel with an existing church (Hamilton Memorial) and beyond, Central Avenue. The site is currently vacant; the 0.65-acre parcel containing the church is not a part of the proposed project and was separated from the project site by Parcel Map Waiver (PMW) 22-07, recorded on June 22, 2022.

Attachment 6
CEQA Substantial Conformance Memo
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) 172
2 Letter Report
The site is covered with a gravel and dirt parking lot, as well as vacant, disturbed areas.

The project proposes to rezone the property from RS-5 (Residential, 5,000 square feet) to PD (Planned Development, 2,000 square feet), allowing for the development of medium-density residential dwellings on 17 lots, ranging from 2,150 square feet to 3,724 square feet in size, with a gross density of

9.45 dwelling units per gross acre (du/acre). The subdivision would be accessed from Central Avenue via a 20-foot wide, two-way street along the east and west sides of the existing Hamilton Memorial Church building.

Project runoff would be conveyed via storm drains to be located along the east and west borders of the subdivision to existing inlet in Central Avenue. The proposed project would be connected to existing utility providers in the City. Water services would be provided by the Contra Costa Water District and treated in the City’s water treatment facilities. Garbage pickup services would be provided by Pittsburg Disposal Services. Solid waste would be transported to Potrero Hills Landfill, and industrial non- recyclables transported to Keller Canyon Landfill. The City and the Delta Diablo Sanitation District would provide sewer services.

Project Site History
Dolans Pittsburg Lumber occupied the site from 1975 to approximately 2010; since that time the site has been fully developed and occupied by several different religious denominations, most recently Hamilton Memorial Church. Topographic contours in the project area have largely remained consistent over the years.

BACKGROUND AND LEGAL STANDARDS
The project area is located in the City’s RASP area, in the Old Town Gateway subarea. The RASP designates land use on the project site as low density residential, and the site is zoned RS-5.

The RASP Environmental Impact Report (RASP EIR) analyzed the physical impacts of demolition, construction and development consistent with RASP implementation, which includes the project area.

The RASP EIR addressed impacts related to aesthetics, agriculture, air quality, biological resources, cultural resources, greenhouse gas emissions, hazardous materials, hydrology and water quality, land use, noise, population, public services, utilities, and transportation. The City certified the RASP EIR on July 6, 2009, pursuant to Resolution No. 09-11250 and subsequently adopted the RASP on August 11, 2009. The RASP EIR is a program EIR, pursuant to CEQA Guidelines Section 15168.

CEQA Guidelines Section 15168 provides that after a public agency certifies a program EIR (such as for a general plan or other comprehensive land use plan like the RASP), later activities must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that the later activity is within the scope of the program EIR, no new environmental document is required under CEQA. (State CEQA Guidelines § 15168(c)(2).) Whether a supplemental EIR or other environmental document must be prepared is a factual question and depends 173
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on an analysis of the subsequent activity being within the scope of the prior analysis. Multiple provisions in CEQA and the CEQA Guidelines specifically discuss additional environmental review requirements and address the requisite analysis when a later activity is consistent with the analysis in a certified EIR.

Public Resources Code Section 21166 CEQA Guidelines Sections 15162 and 15163 Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 provide that the agency shall not prepare a subsequent or supplemental EIR unless the agency determines, on the basis of substantial evidence, that certain conditions exist that will lead to a new significant impact or substantial increase in the severity of a previously identified impact, or that a new or previously rejected mitigation measure or alternative would substantially reduce significant effects.

CEQA Guidelines Section 15182
In addition to the limitations on additional review for activities within the scope of a program EIR, CEQA also includes a specific exemption for projects that are consistent with a specific plan.

Pursuant to CEQA Guidelines Section 15182, a public agency need not prepare an EIR or negative declaration for a residential project that conforms to a specific plan for which an environmental document has been prepared. CEQA Guidelines Section 15182 specifically states:
a) Exemption. Where a public agency has prepared an EIR on a specific plan after January 1, 1980, no EIR or negative declaration need be prepared for a residential project undertaken pursuant to and in conformity to that specific plan if the project meets the requirements of this section. b) Scope. Residential projects covered by this section include but are not limited to land subdivisions, zoning changes, and residential planned unit developments. c) Limitation. This section is subject to the limitation that if after the adoption of the specific plan, an event described in Section 15162 should occur, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the Lead Agency has filed a Notice of Determination on the specific plan as reconsidered by the subsequent EIR or supplement to the EIR.

CONSISTENCY ANALYSIS
The project site is located in the northern region of the RASP , in a subarea called Old Town Gateway, approximately 0.5-mile from the Pittsburg Center Bay Area Rapid Transit (BART) station site on California Avenue. As part of the proposed project, the applicant is requesting: (1) a General Plan Map Amendment to change the existing general plan designation of the parcel from low to medium density residential and (2) a Zoning Map Amendment to rezone the parcel from RS-5 to PD. The proposed 17 lots would result in a density of 9.45 du/acre, which would be consistent with the medium-density residential range of 7.0 to 174
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14.0 du/acre. As such, the proposed project is consistent with the RASP and, if the General Plan Map Amendment to medium-density residential is adopted, the City of Pittsburg General Plan.

Table 1: Allowed Versus Proposed Uses
Existing Regulations Proposed Development Consistent
General Plan Designation
Low Density Residential
(1 to 7 du/ac)
Medium-Density
Residential: (7 to 14 du/ac)
Yes, with approval of GP
Map Amendment
Zoning RS-5 Planned Development Yes, with approval of
Zoning Map Amendment
Lot Size 5,000 square feet 2,150 sf (minimum) to
3,724 sf (maximum)
Yes, with approval of PD
Plan
Density Low Density Residential
classification allows up to

12.6 single and multi-
family units on a 1.8-acre
site
Medium Density
Residential classification
allows up to 25.2 single
and multi-family units on a

1.8-acre site
Yes, with approval of GP
Map Amendment

ENVIRONMENTAL IMPACTS
The RASP EIR analyzed potentially significant impacts from RASP implementation. The RASP EIR was a program EIR in that it studied a plan for the future development of the RASP area, rather than, for example, a specific development on a particular parcel for which a developer sought land use entitlements. However, as explained in Section 2.1 of the RASP EIR, “In the future, this program-level EIR may be supplemented by further project-level environmental review if it is determined that an individual development project could potentially have one or more site-specific impacts on the environment that will not be mitigated by the measures contained herein and by complying with policies set forth in the Pittsburg General Plan and the Railroad Avenue Specific Plan.” Overall, the RASP EIR estimated that the proposed land uses in the RASP area would result in approximately 1,845 new residential units and 988,449 square feet of new commercial floor area within the approximately 97 acres of project area closest to the BART station (Civic Center and Transit Village subareas). Additionally, the RASP EIR assumed that there would be approximately 262 residential units and 78,650 square feet of commercial development within the High School Village area, specifically the area located adjacent to California Avenue. The RASP EIR did not assume or evaluate growth within the Old Town Gateway subarea; however, the underlying land use designation of low density residential remained consistent with what was assumed and evaluated in the City General Plan EIR.

The RASP EIR also presumed a 25 percent buildout of the assumed development potential by 2015 and 100 percent buildout by 2030, with the caveat that the 2015 assumption may be aggressive due to 175
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market conditions at the time of EIR preparation. To date there have been 379 (202 multifamily and 177 single-family) units built in the project area, including the adjacent Liberty Phase I subdivision, which was approved on June 18, 2018, and completed construction in October 2021.

Upon review of the proposed project’s technical information (available from the City on request) it was determined that the proposed project’s impacts would be mitigated to a less than significant level through implementation of mitigation measures included in the Mitigation Monitoring and Reporting Plan (MMRP) previously approved by the City in Resolution 09-11250 and outlined in Table 2 below. The following is a brief explanation of each resource area studied in the RASP EIR. • Transportation/Traffic: The intersections and roads impacted by RASP implementation as analyzed in the RASP EIR are outside the project area. Overall, the RASP EIR found that only two of the 16 studied intersections would not satisfy the Traffic Service Objectives in the East County Action Plan for the RASP in the year 2015 and that in year 2030, SR-4 would not meet those objectives. The RASP EIR concluded that RASP implementation would not have any significant impact on the transportation system in the City. The proposed development is an implementation action of the RASP and would not have any additional impacts on circulation systems in the project area. Egress from the proposed development would be clearly marked with stop signs; therefore, no new road hazards would be added. • Air Quality: The RASP EIR analyzed the RASP’s full development potential, including the project site. To reduce potential air quality impacts, RASP EIR Mitigation Measure (MM) AQ-1.1, MM AQ-

1.2, and MM AQ-6.1 would be required to be implemented as a part of this proposed project. The RASP EIR found that RASP implementation would have a significant and unavoidable impact due to mobile sources of air pollutants that would generate emissions of reactive organic gases, nitrous oxide, and particulate matter. The proposed project would contribute those air pollutants during construction, as well as during operation from vehicles traveling to and from the site. As previously discussed, the proposed project would maintain the existing buildout potential envisioned in the RASP EIR. The proposed 17 lots would result in a density of 9.45 du/ac, which would be consistent with the General Plan, if the proposed General Plan Map Amendment redesignating the parcel to medium density residential is approved. As a result, the construction emissions that would occur from development of the proposed project would not exceed that envisioned by the RASP EIR, and operational emissions associated the operation of vehicles, building electricity, and the use of area-source equipment such as landscaping tools would not exceed that envisioned by the RASP EIR. Therefore, the proposed project would be consistent with the RASP and General Plan and by extension the BAAQMD’s AQP . Subsequent health and odor impacts to sensitive receptors would therefore not exceed those envisioned by the RASP EIR. As such, the proposed project’s impacts are within the scope of impacts addressed in the RASP EIR, are adequately analyzed in the RASP EIR, and no further analysis is needed. • Noise: The project area is surrounded by residential uses and a high school. As such, the proposed project would implement MM NO-1.1 and MM NO-3.1 as outlined in Table 2, below, to ensure that it would not have a significant impact from construction or operation. The proposed project 176

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would not generate excessive vibration and would not substantially increase ambient noise levels.

The proposed project would develop the project site with residential uses, consistent with the surrounding land uses. As such, the proposed project would be consistent with existing uses, and project impacts are adequately discussed in the RASP EIR. Furthermore, implementation of MM NO-3.1 would ensure that potential noise impacts from railroad activity of traffic noise levels would be reduced to less than significant by ensuring that the interior noise levels will be maintained in accordance with acceptable standards. In addition, the proposed project is not located within 2 miles of a public or private airport and therefore, airport noise impacts would be less than significant. No further analysis is needed.
• Cultural Resources: The project area does not contain any historical structures. A records search conducted at the Northwest Information Center (NWIC) at Sonoma State University on July 7, 2022, determined that no known historic or archaeological resources exist on the project site or within a 0.5-mile radius. A field survey of the site conducted on July 25, 2022 did not identify any resources in the portions of the site not covered by asphalt. Grading and other ground-disturbing activities would be required during project construction. If any historical, archaeological, or paleontological resources are encountered inadvertently during construction, standard federal and State regulations would apply and dictate their proper identification and treatment. NWIC records search results and pedestrian survey photographs are available at the City upon request. • Hazardous Materials: A Phase I Environmental Site Assessment (Phase I ESA) prepared by TRC, dated October 15, 2020 found no evidence of contamination on-site and no need for any further investigation. The Phase I report is available at the City upon request. • Biological Resources: Based on a July 28, 2022, field survey, there are two landcover types on the project site- urban (northern portion of the site) and ruderal (southern portion of the site). A few scattered burrows were observed toward the southern end of the project site but showed no signs of activity. There are numerous ornamental trees within and adjacent to the project site that provide suitable habitat for a variety of species of nesting birds. Construction activities that occur during the avian nesting season could disturb nesting sites for bird species protected under the Migratory Bird Treaty Act (MBTA) or the Fish and Game Code. Birds protected under the MBTA, or California Fish and Game Code are considered sensitive during the active nesting period. The RASP EIR analyzed the RASP’s full development potential, including the project site. To reduce potential impacts to biological resources, RASP EIR MM BIO-1 would be required to be implemented as a part of this project if project construction is initiated during the nesting season (March 1-August 1, as identified in Mitigation Measure BIO-1). Additionally, the project site falls within the boundaries of the East Contra Costa County HCP/NCCP (HCP/NCCP) and is identified with both urban and ruderal land covers. As such, the proposed project would need to adhere to the requirements outlined in the HCP/NCCP as part of site development. HCP/NCCP requirements generally entail the preparation of a Planning Survey Report application which may require additional species- specific mitigation (e.g., burrowing owl, based on the ruderal habitat and burrows present), and subsequent development fees, if applicable.
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• Public Services: Analysis in the RASP EIR shows that the City could provide adequate public services to the RASP area without significant impacts. Although RASP implementation would require an increased level of police, fire protection, and emergency response services, the increased level would not trigger the need for construction of new facilities that could adversely affect the physical environment. As such, the proposed project would not require the construction of new fire or police facilities that would impact the environment. Project implementation would increase the number of schoolchildren in the area. The project applicant would contribute Senate Bill 50 school impact fees as discussed in the RASP EIR, which would mitigate the impacts to a less than significant level. The proposed project’s impacts were adequately analyzed in the RASP EIR and as such, additional environmental analysis is not needed. • Utilities: As noted above, utilities would be provided by the City. The RASP EIR concludes that the storm drain system has enough capacity to accommodate the increased load from proposed development above existing conditions. Sewer services in the RASP area are provided by the City and the Delta Diablo Sanitation District. Within the RASP area, the sewer main that crosses west to east was determined adequately sized to serve planned development. Solid waste is disposed of at the Potrero Hills Landfill, and industrial non-recyclables are transported to Keller Canyon Landfill. As determined in the RASP EIR, both landfills have sufficient means to accommodate the increased amount of waste produced by the proposed project. Finally, the RASP EIR states that the Contra Costa Water District provides raw water for the City that is treated in the City’s water treatment facilities. Water booster pumps may be necessary to accommodate higher-density, vertical development, but the proposed project would have sufficient supply and adequate water pressure without additional infrastructure. Therefore, the proposed project’s potential impacts are adequately covered by the RASP EIR, and no additional analysis is needed. • Climate Change: As previously discussed, the proposed project would maintain the existing buildout potential envisioned in the RASP EIR. The proposed 17 lots would result in a density of

9.45 du/acre, which would maintain consistency with the proposed medium-density residential range of 7.0 to 14.0 du/acre. As a result, the construction greenhouse gas (GHG) emissions that would occur from development of the proposed project would not exceed that envisioned by the RASP EIR, and operational GHG emissions associated the operation of vehicles, building electricity, and the use of area-source equipment such as landscaping tools would not exceed that envisioned by the RASP EIR. Moreover, the proposed project would incorporate green building practices as required by the City that are more stringent than what was in effect at the time the RASP EIR analyzed the potential GHG emissions generated from buildout of the project site. As such, he proposed project’s potential impacts are adequately covered by the RASP EIR, and no additional analysis is needed.
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Table 2: Relevant Project Impacts and Mitigation Measures Section Impact Mitigation/Improvement Measure
Air Quality
Air Quality Impact AQ-1: Construction
activities under the proposed
project could cause emissions
of dust or contaminants from
equipment exhaust that could
contribute to existing air
quality violations or expose
sensitive receptors to
pollutant concentrations. This
would be a temporary but
potentially significant impact.

AQ-1.1: Implement dust control measures. To reduce particulate matter emissions during construction, the City shall ensure that all development proposed under the Railroad Avenue Specific Plan complies with the dust control strategies developed by BAAQMD.

These dust control strategies shall include:
• Cover all trucks hauling construction and demolition debris from the site;
• Water all exposed or disturbed soil surfaces at least twice daily; • Use watering to control dust generation during demolition of structures or break-up of pavement;
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; • Sweep daily (with water sweepers) all paved parking areas and staging areas during the earthwork phases of construction; • Provide daily clean-up of mud and dirt carried onto paved streets from the site;
• Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.

AQ-1.2: Reduce emissions from heavy-duty diesel-powered equipment. The City shall ensure that all development proposed under the Railroad Avenue Specific Plan implements measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment during demolition and construction:
• Keep all construction equipment in proper tune in accordance with manufacturer’s specifications.
• Use late model heavy-duty diesel-powered equipment at the Project Site to the extent that it is readily available in the San Francisco Bay Area.
• Use diesel-powered equipment that has been retrofitted with after-treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area. • Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the Project Site to the extent that it is readily available and cost effective in the San Francisco Bay Area (this does not apply to diesel-powered trucks traveling to and from the site.
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Section Impact Mitigation/Improvement Measure
• Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area.
• Limit truck and equipment idling time to five minutes or less. • Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible.

Impact AQ-5: Cumulative
construction emissions could
result in emissions of dust and
particulates, which could
exceed Regional air quality
standards. However,
development projects
proposed under the
cumulative scenario would be
required to implement
measures to control
construction Emissions.

Mitigation Measures AQ-1.1 and AQ-1.2 would reduce individual projects’ contributions to those impacts to a less than significant level.

Impact AQ-6: Since
operational emissions from
the proposed project would
be individually significant,
operational emissions would
also be cumulatively
considerable.

AQ-6.1: Develop and implement a plan to reduce operational air emissions. Prior to approval of building entitlements and permits, the project developers shall be required to demonstrate to the City that stationary source emissions reduction measures have been included to reduce operational emissions resulting from development in the project area to the maximum extent
practicable. A plan for reducing stationary sources shall be approved by City staff. The plan shall include measures such as, but not limited to, incorporating energy-saving appliances for heating and air conditioning units and energy efficient lighting.

Noise
Noise NO-1: Development under the
Railroad Avenue Specific Plan
would expose existing
sensitive receptors adjacent to
the proposed uses to
temporary increases in noise
levels associated with
construction. This would result
in a potentially significant
impact.

NO-1.1: Implement construction best management practices to reduce construction noise. The construction contractor(s) shall implement the following measures during the construction under the Railroad Avenue Specific Plan:
• Restrict construction activities to the hours of 8:00 a.m. to 5:00 p.m.
• Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically attenuating shields or shrouds, wherever feasible).
• Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or 180

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Section Impact Mitigation/Improvement Measure
electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.

However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to 10 dBA. External jackets on the tools themselves shall be used where feasible, and this could achieve a reduction of 5 dBA.

Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible.
• Construction contractor shall use “quiet” gasoline-powered compressors or other electric-powered compressors and use electric rather than gasoline or diesel-powered forklifts for small lifting.
• Stationary noise sources, such as temporary generators, shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. • Erect temporary plywood noise barriers around the construction site, to shield adjacent uses.
• Prohibit trucks from idling along residential streets serving the construction site.

NO-3: The Railroad Avenue
Specific Plan proposes
residential land uses in areas
where ambient noise levels
currently exceed acceptable
levels for new residential uses.

This is a potentially significant
impact of the project.

NO-3.1: Implement site and architectural design measures to reduce noise levels for new residential development with ambient noise levels greater than 65 dBA CNEL. Per the General Plan, new development located near a roadway that produces noise levels greater than 65 dBA CNEL (measured at the façade of a proposed residential use) shall be required to have an acoustical analysis prepared by a qualified acoustical engineer to ensure that all feasible site planning and architectural design measures were incorporated to reduce interior noise levels to a maximum of 45 dB CNEL. Measures to achieve acceptable noise levels include adjusting the configuration of the proposed residential buildings and placing exterior living areas such as patios and balconies away from high traffic roadways. Recommendations from the acoustical study must be incorporated into building and site design and submitted to the City for approval prior to issuance of a building permit.

Biological
Resources
D1: While nesting activities
were not observed during the
surveys in the Specific Plan
Area, existing trees could
support nesting birds in the
future. Construction activities
associated with future projects
BIO-1: Conduct a nesting bird survey within the Specific Plan Area.

Project applicants shall be required to comply with the following activities prior to construction during the nesting season, March 1st to August 1st. Outside the specified time period, no mitigation would be required.
(a) Between March 1st and August 1st, the applicant shall have a qualified biologist conduct nest surveys 30 days prior to any 181

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Section Impact Mitigation/Improvement Measure
could result in the
disturbance to nesting birds.

This would be considered a
potentially significant impact.
demolition/construction activities that are within 500 feet of potential nest trees. A pre-construction survey report shall be submitted to (California Department of Fish and Wildlife, CDFW) and the City of Pittsburg that includes, at a minimum: (1) a description of the methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited, and persons contacted; and (2) a map showing the location(s) of any bird nests observed on the project site. This report shall be consistent with the requirements from the East Contra Costa County (Habitat Conservation Plan). If no active nests of the Migratory Bird Treaty Act, California Department of Fish and Game, or U.S. Fish and Wildlife Service protected species are identified then no further mitigation is required.
(b) Should active bird nests be located in the survey area, the applicant, in consultation with the City of Pittsburg and CDFW, shall delay construction in the vicinity of active nest sites during the breeding season (March 1st through August 1st) while the nest is occupied with adults and/or young.

A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. If the
construction cannot be delayed, avoidance shall include the establishment of a non-disturbance buffer zone around the nest site. The size of the buffer zone will be determined in consultation with the CDFW but will be a minimum of 100 feet. The buffer zone shall be delineated by highly visible temporary construction fencing.
(c) No intensive disturbance (e.g., heavy equipment operation associated with construction or use of cranes) or other project related activities that could cause nest abandonment or forced fledging, shall be initiated within the established buffer zone of an active nest between March 1st and August 1st. (d) If demolition/construction activities are unavoidable within the buffer zone, the project applicant shall retain a qualified biologist to monitor the nest site to determine if construction activities are disturbing the adult or young birds. If
abandonment occurs the biologist shall consult with CDFG or USFWS for the appropriate salvage measures. This could
include taking any nestlings to a local wildlife rehabilitation center.
(e) Trees that support active nests which are to be removed shall only be removed during the non-breeding, non-nesting
season.

Cultural Resources
Cultural
Resources
E.3: It is possible that intact
paleontological resources
could be adversely affected by
CR-1: Treatment of unexpected paleontological resources. Should paleontological resources be identified at project construction sites during any phase of construction, the construction 182

12 Letter Report
Section Impact Mitigation/Improvement Measure
the earth-moving
development of the Specific
Plan Area. Impacts on
paleontological resources are
therefore considered
potentially significant.
contractor/supervisor shall cease operation at the site of the discovery and immediately notify the City of Pittsburg Planning Department. The project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less- than- significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the City of Pittsburg Planning Department shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.

CONCLUSION
The City has complied with the provisions and is implementing the steps outlined in the RASP and the RASP EIR. Pursuant to CEQA Guidelines Section 15168(c)(4), the City used “a written checklist . . . to determine whether the environmental effects of the project’s site-specific operations were evaluated in the RASP EIR.” Pursuant to Section 15168(c)(2), the City evaluated whether further environmental review was required per the provisions of Section 15162(a). The City considered various technical studies prepared by environmental consultants hired by the City and the applicant (including geotechnical studies, Phase I studies, stormwater retention, drainage, and proposed site and landscaping plans).

The proposed project would be consistent with the assumptions for the project site as analyzed in the RASP EIR, and the proposed project would not result in any new significant impacts or increase the severity of any significant impacts identified in the RASP EIR. The circumstances under which the proposed project would be undertaken have not substantially changed such that new or more severe impacts would occur. Finally, there is no new information of substantial importance indicating new or more significant adverse environmental impacts. Therefore, no further environmental analysis is required.
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City of Pittsburg
Community and Economic Development Department – Planning Division 65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4920 | Fax: (925) 252-4814

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Pittsburg will conduct a public hearing on:

DATE: September 19, 2022

TIME: 7:00 p.m.

PLACE: City Council Chamber at City Hall
65 Civic Avenue, Pittsburg, California
Concerning the following matter:

Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) This is an application filed by Louis Parsons of Discovery Builders, Inc., requesting approval of : 1) a General Plan map amendment to change the site’s land use designation from ‘Low Density Residential’ to ‘Medium Density Residential,’ 2) a Zoning map amendment to rezone the site from RS-5 (Residential Single Family, 5,000 Square Foot Minimum Lot Size) to PD (Planned Development), 3) a major subdivision/vesting tentative map to subdivide the parcel into 17 lots for single-family residential development and 4) design review on a 1.8- acre site located at 360 Central Avenue. Assessor’s Parcel No. 086- 151-002.

Environmental Determination
The project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the CEQA Guidelines.

PROJECT PLANNER: Alison Hodgkin, (925) 252-6987 or [email protected] Why am I receiving this notice?
You are receiving this notice because you have either previously requested notifications from the Planning Division, or a project has been proposed in your neighborhood and all property owners within a minimum 300-foot radius of the project site are required to be notified under the Pittsburg Municipal Code.

Where can I get more information about this project?
The complete file for this project is available for public inspection; please contact the project planner listed above to make necessary arrangements.

What can I do if I have comments on the project?
Comments or objections to the project can be made by writing or through e-mailed testimony prior to the meeting or provided orally during the meeting. Written comments citing the project name may be emailed to the project planner listed above or may be mailed or delivered to Pittsburg Planning Division, 65 Civic Avenue, Pittsburg, CA 94565.

Pursuant to Section 65009 of the California Government Code, if you challenge this matter in court, you may be limited to those issues you or someone else raised at the public hearing described in this notice, or in written correspondence on the matter delivered to this agency at, or prior to the public hearing. Any written correspondence delivered to the Planning Division before the hearing body’s action on the matter will become a part of the administrative record.
_______________________________

JOHN FUNDERBURG
, SECRETARY

PITTSBURG PLANNING COMMISSION
Para información en
español:
(925) 252-4920
Attachment 7
184

Project Title: Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) Location: 360 Central Avenue, APN 086-151-002

NOTICE OF PUBLIC HEARING

City of Pittsburg
Community Development Department - Planning Division
65 Civic Avenue
Pittsburg, CA 94565
185
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)