Fig. 1: Existing General Plan Designation
330
Exhibit A
General Plan Map Amendment
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
Fig. 2: Proposed General Plan Designation
331
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)
332
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
333
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)
334
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)
335
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) 336
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
337
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
338
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
339
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
340
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
341
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
342
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
343
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
344
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
345
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
346
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
347
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
348
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
349
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
350
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
351
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
352
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
353
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
354
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
355
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
356
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
3 357
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
358
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
359
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
360
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
361
362
363
364
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
365
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
366
LEGEND
SITE PLAN
SCALE: 1"=30'
CENTRAL AVENUE
3 COLLEEN CIRCLE (PRIVATE)
4 5
678
910
11 12
13 14
1516
17 PARCEL "B"
367
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) 368
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, 369
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, 370
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).
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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.
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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 373
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.
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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:
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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 376
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.
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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
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• 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 first 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 first 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 first 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 first 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 382
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 384
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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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
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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
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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.
388
Attachment 3
389
390
391
392
393
394
395
396
397
398
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
399
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 400
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
401
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
402
Attachment 5
Map of Surrounding Uses
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
Project Site
403
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
404
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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) 405
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 406
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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 407
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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 408
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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 409
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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 413
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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 414
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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 415
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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.
416
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
417
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
418
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
Design Review Guideline Meets Guideline?
Section I: Residential (Single Family/Duplex)
1.a: Reliefs and architectural treatments
should be provided on all building elevations
(360 degree architecture), i.e. 2”x4” (wood or
styrofoam/stucco) window and door reveal
treatment on all building elevations.
Yes. The proposed homes incorporate reliefs
and architectural treatments on all building
elevations.
1.b: Provide concrete and/or tile roof
material. Architectural grade composition
material may be used if rake treatment is
included or roof pitch, greater than 4:12 is
used.
Yes. The proposed homes incorporate tile
roof material.
1.c: Each dwelling unit should be provided
with complete front yard and corner-side yard
xerophytic landscaping and automatic
irrigation.
Yes. The proposed landscaping meets the
standards set forth in PMC Section
18.84.310.
1.d: Required front yards should vary in
depth unless otherwise stated for a proposed
PD (Planned Development) district.
N/A. This guideline does not appear to apply
to PD districts.
1.e: Decorative masonry walls should be
provided between all arterial streets and
future homes.
N/A. No homes are proposed along arterial
streets.
1.f: Roof slopes should be considered
greater than 4:12 unless inappropriate for
architectural style (i.e. Ranch Style, etc.).
Yes. The proposed homes will have a roof
slope of 5:12.
1.g: Provide articulated garage doors on all
garages.
Yes. The proposed homes will have
articulated garage doors.
419
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
1.h: Garage doors designs should not be
duplicated. Not less than four styles should
be used in a subdivision.
Yes. There are 12 different color schemes
that the applicant has provided; each has a
different garage door design and color.
1.i: Side-on garages are recommended
intermittently through-out the subdivision (70’
wide lots or greater).
N/A. Seventy-foot wide lots are not proposed
as part of the project.
1.j: Garage frontage should not occupy more
than 60% of allowable lot frontage.
Yes. The applicant has provided four
different floor plans, all of which have a
garage frontage of no more than 60% of the
allowable lot frontage.
1.k: Provide board-on-board fencing on all
side yards and rear yards (excluding side
yards and rear yards adjacent to major
thoroughfares), unless a view corridor is to be
maintained.
Yes. Six-foot-high, wood, board-on-board
fencing will be installed along side and rear
yards, with the exception of Lots 11 – 17,
which will have a rear-yard masonry wall;
Lots 1 and 10 will have a side yard masonry
wall.
1.l: The architectural treatments (such as
sidings, shingles, window, and door trims)
established on the front facades of each of
the approved house designs shall be carried
around to the sides and rear elevations of
the buildings, except that masonry veneer
treatments at the base of a structure need be
carried only partly around the side elevations,
to either the adjoining fence line or the
closest interior right angle joint.
Yes. Architectural treatments on the front
facades of all homes are carried around to
the sides and rear elevations of the buildings.
Section II. Neighborhood / Subdivision Design
2.a: Subdivision entry monuments should be
provided on new major subdivisions,
neighborhoods or villages, if appropriate.
N/A. Given the unique shape of the project
site, an entry monument is not proposed or
appropriate.
420
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
2.b: Perimeter wall and/or sound wall
pilasters should not be greater than 50 feet
on center.
Yes. The applicant will provide pilasters with
a decorative concrete cap at intervals of 25
feet or less. A decorative wall cap would also
be provided along each wall.
2.c: Sound walls exceeding 6 feet in height
and visible from the public right-of-way
should be treated with decorative features
consistent with the neighborhood design.
2.d: All masonry walls should include a wall
cap.
2.e: Retaining walls, exceeding three feet tall,
adjacent to a public right-of-way should be
constructed with the same materials as used
for the sound walls.
N/A. No retaining walls are proposed in the
plan set.
2.f: Masonry or sound walls should be
staggered when adjacent to public right of
ways.
N/A. No masonry or sound walls are adjacent
to the public right of way.
2.g: Single story units should be located on
corner lots whenever possible.
N/A. None of the 17 units are single-story.
2.h: Developer should select, at least one of
the schemes provided in Appendix 1 of the
DRDGs for screening all utility boxes,
transformers, backflow preventers, meters
and junction boxes.
Conditionally. A condition of approval would
require all utility boxes and/or transformers to
be undergrounded. Where undergrounding is
deemed infeasible or not recommended by
Pacific Gas & Electric (PG&E), utility boxes
and/or transformers would be masked by
either faux stone utility box covers or a
landscape screen.
2.i: Construct fence/walls at top-down slope
banks. Design fence at top of slope to take
advantage of potential views.
N/A. The site is relatively flat and will not
require fences/walls at top-down slope
banks.
421
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
2.j: Dwelling unit driveways should align with
on-coming street at three-way intersections
when possible.
N/A. The development does not include any
three-way intersections.
2.k: Existing trees which have greater than a
nine (9) inch trunk caliper should be
incorporated into the design of project.
There are five existing palm trees and seven
existing Callery Pear trees on the project site
which do not meet the definition of a
“protected tree.” To allow for sufficient
access, the five palm trees will be removed.
To allow for construction of a sidewalk, the
seven Callery Pear trees will be removed.
2.l: Landscaped portions of set-backs,
excluding sidewalk along public streets,
should not be less than the height of the
fence or sound wall.
Yes. Landscaped portions of front and side
yards are not less than the height of the
fences or sound walls.
2.m: Landscaping areas shall not be less
than three feet wide, between the curbs.
Yes. Landscaping areas are not less than
three ft. wide, between curbs.
2.n: Subdivision perimeter walls should be
minimized. Install wrought iron fencing at
open end of cul-de-sacs, parks and open
space.
N/A. Use of sound walls is required per
conditions of approval. No cul-de-sacs, parks
or open space is proposed as part of the
project.
Section VI. Green Building Design Guideline
6.A.1: Solar energy systems should be an
option to the homebuyer by the builder.
Conditionally. A condition of approval would
require the developer to 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.
6.A.2: For homes without solar energy
systems, green roofs or cool roofs, roofing
should include the following features:
a) A minimum of 300 square feet of
unobstructed roof area facing within
30 degrees of south.
b) South facing sloped roofs should be
at an angle of approximately 38
degrees.
422
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
6.A.3: The external design of homes should
feature up to date energy efficiency
technologies:
a) For infill housing, homes without solar
energy systems should be covered
with a cool roof.
b) Roof overhangs should be sized to
block the high summer sun but allow
the lower winter sun to enter windows.
Conditionally. The project is required to
meet the Residential Mandatory Measures
specified under the 2019 California Green
Building Standards Code, Part 11. A
condition of approval would be included
requiring the developer to implement
additional Residential Voluntary Measures,
including cool roofs for reduction of heat
island effect.
6.A.4: Deciduous trees of approved native
species should be planted to the south and
west of the home to shade the home during
summer and allow solar heat gain during
winter.
Yes. The proposed landscaping meets the
standards set forth in PMC Section
18.84.310.
6.A.5: Secure and convenient storage for at
least two bicycles should be provided.
Yes. The project would provide two, wall-
mounted bicycle racks in each garage for
secure parking.
6.A.6: Outdoor design and features should
maximize landscaping water conservation.
Yes. The project would provide drought-
tolerant landscaping, including shrubs,
drought-tolerant ground cover and bark.
6.B.1: Non-invasive, drought tolerant shade
trees should be planted in the landscaping
strips that are located between curb and
sidewalk such that tree canopies will shade
as much street surface as possible. Shade
trees should be selected and placed so that
they will not block solar access to
neighboring structures’ south-facing roofs.
Yes. Non-invasive, drought tolerant trees will
be used for landscaping and are placed to
shade as much street surface as possible.
6.B.2: Streetlights and street trees should be
spaced so that street lighting is not blocked
and made less effective by street trees.
N/A. As a Condition of Approval, the
Developer will provide a photometric graph
and table to determine the appropriate
streetlight spacing for the project.
423
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
6.B.3: Subdivisions should be designed to
maximize potential solar energy generation
Yes. The project includes, as part of options
package for buyers of single-family houses in
the subdivision, an option that offers pre-
wiring of the house for solar panels compliant
with the 2019 California Energy Code.
6.B.4: Subdivisions should be designed
around common open space areas that
promote neighborhood community building.
Such open spaces can include bicycle and
pedestrian only plaza spaces, community
garden spaces, or vegetated open space.
Privately maintained open space should total
¾ acres for every square mile or portion
thereof, with a minimum of ¾ acres for any
project greater than 12 acres No individual
privately maintained common open space
location should be smaller than ¼ acre.
N/A. No common open space areas are
provided as part of the proposed subdivision.
6.B.5: Vehicular Connectivity: Local streets
should form a well-connected network that
provides for safe, direct, and convenient
vehicular access.
Yes. Central Avenue is part of a well-
connected street network.
6.B.6: Bicycle/Pedestrian Connectivity:
Subdivisions should include a designated
pedestrian route interconnecting all internal
uses, site entrances, primary building
entrances, public facilities, and adjacent uses
to existing external bicycle and pedestrian
facilities and streets.
Yes. A Class II bike path is provided along
Central Avenue.
424
Attachment 8
Development Review Design Guidelines
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
6.B.7: New streetlight electrical grid systems
should be planned to supply future curbside
electric vehicle charging stations. A 220/240V
electrical supply should be extended to
curbside spaces. The conduit should connect
to an installed charging unit or an electrical
pedestal or a well where a charging station
may be installed in the future. Spacing of
charging units, pedestals, or wells should be
at least one per 50 potential curbside parking
spaces in residential subdivisions.
N/A. The project does not allow curbside
parking nor does the project consist of more
than 50 parking spaces.
425
Attachment 9
Applicable General Plan Goals and Policies
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
General Plan Goal/Policy Analysis
Land Use Element:
2-G-1: Maintain a compact urban form within the City’s
projected municipal boundary. Ensure that hillside lands not environmentally suitable for development are
maintained as open space.
Consistent. The proposed project would be constructed
on an infill site.
2-G-4: Provide a range of development intensities, with the highest intensities in Downtown and in areas
accessible to transit and services, and lower intensities in hillsides and at the City’s southern edge.
Consistent. 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).
2-G-5: Promote a diversity of housing types, including
opportunities for hillside estate development, as well as smaller lot, infill, and high-density housing.
Consistent. The proposed project would provide infill,
single family development on smaller lots ranging from
2,150 (smallest lot size) to 3,649 sq. ft. (largest lot size). 2-P-5: Undertake planned development as a means to
achieve high community design standards, not to
circumvent development intensity standards.
Consistent. The proposed project will utilize a PD zoning, in part, to achieve a high-quality design outcome.
Growth Management:
3-P-1: Allow urban and suburban development only in
areas where public facilities and infrastructure (police, fire, parks, water, sewer, storm drainage, and community
facilities) are available or can be provided.
Consistent. The proposed project will be built in an area where public facilities and infrastructure are already
available.
3-P-2: Prior to project approval, ensure that the existing and planned transportation system will have adequate
capacity to accommodate new urban development.
Consistent. Residents of the proposed development will
have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and
bicycle lanes.
3-P-5: As part of development review, require preparation of a traffic impact study for all development projects
expected to generate more than 100 net new peak hour
vehicle trips. Ensure that traffic impact studies are
prepared by professional transportation consultants
selected and hired by the City, but require that project proponents pay all fees associated with development of
such studies.
Consistent. 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.
3-P-13: Review and update the City’s transportation
impact fee schedule, requiring developers to pay the costs necessary to mitigate impacts of their development
projects on the local and regional transportation system.
Consistent. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development. Conditions of approval will require 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.
426
3-P-17: As part of development approval, ensure that safe and contiguous routes for pedestrians and bicyclists are provided within new development projects and on any
roadways that are impacted as a result of new
development.
Conditionally Consistent. Residents of the proposed
development will be able to utilize the existing Class II bicycle lane along Central Avenue.
Downtown Element
5-G-2: Promote the development and intensification of the Downtown commercial core as both a visitor destination
and a neighborhood retail center. Encourage a critical
mass of visitor-oriented retail businesses, such as gift shops and galleries, as well as neighborhood retail and personal services.
Consistent. 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.
5-G-4: Establish a Downtown population goal of at least 7,000 to provide vitality and support a vibrant
neighborhood commercial center.
Consistent. The proposed project will add approximately 55 people (17 units at 3.27 people/unit). The additional population will help further support a vibrant neighborhood commercial center.
Transportation Element
7-G-15: Encourage walking as a regular means of
transportation for people who live within a half-mile walk of school, work, or routine shopping destinations.
Consistent. The proposed project will encourage walking as a regular means of transportation due to the site’s
proximity to various amenities. 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.
7-P-2: Use the adopted Regional and Local
Transportation Impact Mitigation Fee ordinances to
ensure that all new development pays an equitable pro-
rata share of the cost of transportation improvements.
Consistent. The proposed project would be required to
pay all building permit and impact fees associated with residential development.
7-P-34: As part of development approval, ensure that safe and contiguous routes for pedestrians and bicyclists are provided within new development projects and on any
roadways that are impacted as a result of new
development.
Consistent. There is an existing Class II bicycle lane
along Central Avenue.
Resource Conservation Element
9-G-7: Comply with Regional Water Quality Control Board regulations and standards to maintain and improve the
quality of both surface water and groundwater resources.
Consistent. The proposed project will comply with
conditions of approval requiring submittal of a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board for coverage under the
Construction general Permit. Additionally, in accordance with the Memorandum of Understanding executed with
the City on May 16, 2016, and amended December 12,
2019, the applicant will use offsite mitigation credits in lieu of constructing low impact development (LID) stormwater facilities within the project site.
9-P-22: Continue working with the Regional Water Quality Control Board in the implementation of the National
Pollutant Discharge Elimination System (NPDES), with
specific requirements established in each NPDES permit. 427
Health and Safety Element
10-G-8: Ensure that new development mitigates impacts
to the City’s storm drainage capacity from storm water
runoff in excess of runoff occurring from the property in its undeveloped state.
Consistent. The project will comply with conditions of
approval requiring implementation of a Storm Water
Control Plan in compliance with the requirements set forth in the City’s most current NPDES permit.
10-P-39: Strive to maintain a ratio of 1.8 sworn police officers per 1,000 residents.
Consistent. The project site will be annexed into the
City’s CFD 2005-1 for police and other emergency
services
Public Facilities Element
11-G-2: Continue to implement water conservation
policies to ensure adequate supplies of water in the
future.
Consistent. The proposed project is required to meet the 2019 California Green Building Standards Code, Part 11.
Residential Mandatory Measures sections 4.303 and
4.304 require water conserving plumbing fixtures and
fittings and water efficient landscaping.
11-P-7: Ensure that new residential, commercial, and
industrial development equitably shares costs associated with providing water services to areas of urban expansion within the Planning Area.
Consistent. The proposed project will equitably share the costs associated with providing water and wastewater
services to the subdivision through payment of the
Pittsburg Facilities Reserve Charge.
11-P-18: Ensure that new residential, commercial, and
industrial development equitably share costs associated with providing wastewater services to areas of urban
expansion within the Planning Area.
Noise Element
12-P-6: Ensure that new noise-sensitive uses, including schools, hospitals, churches, and homes, in areas near
roadways identified as impacting sensitive receptors by producing noise levels greater than 65 dB CNEL (Figure
12-1), incorporate mitigation measures to ensure that
interior noise levels do not exceed 45 dB
CNEL.
Consistent. The proposed project will provide sound
walls along the north and south property lines and will also comply with conditions of approval requiring 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.
Housing Element
P-1.1 B: Ensure there is an adequate supply of mixed use and residentially zoned land of appropriate densities to accommodate existing and anticipated housing needs
through 2022. Rezone vacant/underutilized land that is
deemed appropriate for mixed use or residential/higher- density residential use.
Consistent. The project site being rezoned is vacant,
underutilized, and appropriate for higher-density
residential use given its proximity to schools, parks,
transit, and commercial amenities.
P-1.2: Encourage the construction of both high end and
moderate-income housing in the southern foothills,
downtown, along the waterfront, and throughout Pittsburg to provide above moderate-income housing opportunities
in the community and to increase economic activity within the city.
Consistent. The proposed project will provide market-
rate housing near the Downtown and increase demand for
economic activity in nearby shopping centers.
428
P-1.5: Encourage the construction of accessory dwelling units or “second units” that allow extended families to live near each other, increase the affordable and rental
housing stock, and provide income assistance to
homeowners.
Consistent. The proposed project will provide two single- family homes with accessory dwelling units that would
allow extended families to live near each other, increase the affordable and rental housing stock, and provide
income assistance to homeowners.
P-1.6: Meet Pittsburg’s fair share regional housing needs [allocation].
Consistent. The proposed project will help attain the
City’s Regional Housing Needs Allocation for moderate
and above-moderate income households
P-5.1: Enhance the quality and variety of new home
designs and home additions to ensure an attractive living environment.
Consistent. The proposed project will comply with the
City of Pittsburg Development Review Design Guidelines
(DRDGs) and conditions of approval requiring
construction of quality home designs to ensure future
residents will enjoy an attractive living environment.
429
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 City Council Resolution Approving the Installation of Speed Humps on Manville Avenue
MEETING DATE: October 3, 2022
EXECUTIVE SUMMARY
The City’s Traffic Calming Policy includes specific criteria to be used when considering the implementation of speed humps to calm traffic on local streets. If the City Council approves the proposed speed humps on Manville Avenue between Madoline Street and Riverview Drive, installation can be scheduled this fiscal year.
FISCAL IMPACT
The engineer’s estimate for this work is $45,000 to be funded by Project 2039 (2022/2023 Citywide Traffic Calming Project) approved in the Five-Year Capital Improvement Program (CIP) for Fiscal Years 2022/23 through 2026/27.
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution approving the installation of speed humps on Manville Avenue between Madoline Street and Riverview Drive.
BACKGROUND
On May 17, 2004, the City Council adopted Resolution 04-10078 approving the current Traffic Calming Policy, which includes the use of speed humps where certain criteria are met.
On February 7, 2022, a resident submitted an application for speed humps on Manville Avenue between Madoline Street and Riverview Drive.
On March 31, 2022, City staff evaluated the City’s Traffic Calming Policy criteria for installing speed humps on Manville Avenue between Madoline Street and Riverview Drive and determined that all criteria and warrants have been met. 430
On June 8, 2022, the City’s Engineering Division presented to the Community Advisory Commission (CAC). The CAC recommends that the City Council approve the installation of speed humps on Manville Avenue between Madoline Street and Riverview Drive.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Staff has verified all criteria that warrants the installation of speed humps on Manville Avenue, between Madoline Street and Riverview Drive. The criteria used in creating this recommendation is summarized in the attached Exhibit I – Speed Hump Investigation Report.
ATTACHMENTS: Resolution
Exhibit I- Manville Avenue Speed Hump Investigation Report Exhibit II – Manville Avenue Speed Hump Layout
Report Prepared By: Nhat Phan, Associate Engineer
431
Exhibit I – Manville Avenue Speed Hump Investigation Report City of Pittsburg
Engineering Department
65 Civic Ave, Pittsburg CA 94565
Phone: (925) 252-4930
Speed Hump Request Investigation
Street Name: Manville Avenue Posted Speed: 25 mph Limits: Between Madoline Street and Riverview Drive
Initial Petition Submitted and Verified Yes No No. Of Signatures: Exempt Residential local or collector street Yes No Local Collector No Bus Route Yes No
Improved streets with curb and gutter Yes No
Posted speed limit of 25 or 30 MPH Yes No Posted: 25 15% of traffic must be at least 6 MPH Yes No Critical Speed: 35 greater than the existing speed limit
The average daily traffic is more than 500 Yes No A.D.T: 525 and no more than 3000 vehicles per day
Street with a grade equal or less than Yes No Grade: 1% 5 percent
Street segment 750’ or longer Yes No Length: 1300 Ft Two Other Traffic Calming Strategies Yes No 1.) targeted police enforcement Deemed Ineffective 2.) radar speed feedback trailer All Preliminary Warrants Met Yes No The installation of speed humps shall not unduly affect response times of emergency services as determined by the City Traffic Engineer.
“Request for Speed Humps” petition Yes No %: 90 on file and addresses verified with 67%
approval.
NOTES:_____________________________________________________________________ ____________________________________________________________________________ Investigation Completed By: Nhat Phan Date: 6/3/2022 Priority Score (PS)= V+AR
V: 10
AR: 0.1
PS: 10.1
432
© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS P-1
Exhibit II - Manville Avenue Speed Hump Layout
433
Resolution No. 22- Page 1 of 1 October 3, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a City Council Resolution ) RESOLUTION NO. 22- Approving the Installation of Speed )
Humps on Manville Avenue )
WHEREAS, on May 17, 2004, the City Council adopted Resolution 04-10078 approving the City’s current Traffic Calming Policy; and WHEREAS, on February 7, 2022, the City received an application for the installation of speed humps along the entire length of Manville Avenue; and WHEREAS, on March 31, 2022, staff evaluated the City’s Traffic Calming Policy criteria for installing speed humps on Manville Avenue between Madoline Street and Riverview Drive and determined that all criteria and warrants had been met; and WHEREAS, on June 8, 2022, staff presented to the Community Advisory Commission, and they recommended the City Council approve the installation of speed humps on Manville Avenue between Madoline Street and Riverview Drive.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the installation of speed humps on Manville Avenue between Madoline Street and Riverview Drive.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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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 City Council Resolution Authorizing City Manager to Execute a Contract for New Chevrolet Vehicles
MEETING DATE: October 3, 2022
EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. Purchasing new vehicles is necessary to replace vehicles that have lower reliability and are requiring more maintenance. If approved, the resolution authorizes the purchase of 2 new Chevrolet Tahoe vehicles from California Automotive Retailing Group, Inc. dba Dublin Chevrolet, “piggybacking” off a competitive bid process undertaken by County of Alameda.
FISCAL IMPACT
Funding for the vehicles, totaling $111,931.20 will come from the Public Works Department’s Fleet budget (Fund 611-43201) previously approved by the City Council for FY 2022-23. No new funds are requested.
RECOMMENDATION
City Council adopt the attached resolution to authorize the City Manager to execute the purchase of two 2023 Chevrolet Tahoe SUV’s totaling $111,931.20 from Dublin Chevrolet.
BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of more than 200 cars, trucks, heavy equipment and other equipment. The fleet includes police patrol cars, sedans, motorcycles, heavy-duty trucks and construction equipment, as well as light- and medium-duty trucks, vans, sport utility vehicles, and other pieces of equipment such as compressors and mowers. The entire fleet has a replacement value of approximately $6 million.
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Staff identified specific vehicles and equipment designated for purchase during FY 2022/23 based on highest priority for City operations, immediate need, and length of time required for delivery. If approved, the 2 vehicles will replace those in lesser condition in the Police Department’s fleet.
In order to save valuable time and take advantage of pricing obtained through competitive bidding by the County of Alameda, staff is proposing to “piggyback” on the contract with California Automotive Retailing Group, Inc. dba Dublin Chevrolet (“Dublin Chevrolet”) with the terms and pricing established by the County of Alameda in its contract with this vendor.
The County of Alameda conducted a competitive process that opened on June 16, 2021 and closed on July 27, 2021. Upon review Alameda County selected Dublin Chevrolet as the lowest, responsible responsive bidder for Chevrolet vehicles to meet their specifications, thusly awarding the firm with Master Contract Number 901979. The Contract between Dublin Chevrolet and Alameda County ends on September 30, 2024.
If adopted, the resolution would authorize the City Manager to execute a contract for the Chevrolet Tahoe vehicles at the same price obtained by the County of Alameda through a competitive bid process, with an agreed-upon cost difference for shipping and specialized parts. There are sufficient funds in the City’s FY 2022-23 Fleet Budget to accommodate this purchase.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Staff recommends the City Council approve the attached resolution authorizing the City Manager to execute a contract with California Automotive Retailing Group, Inc. dba Dublin Chevrolet in the amount of $111,931.20 for two new 2022 Chevrolet Tahoe SUV’s for the Police Department.
ATTACHMENTS: Resolution
County of Alameda – Dublin Chevrolet Contract
Agreement Pittsburg – Dublin Chevrolet
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 436
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing Execution of a )
Contract to Purchase New ) RESOLUTION NO. 22-
Chevrolet Tahoe Vehicles )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s fleet of vehicles and equipment; and, WHEREAS, from time to time vehicles and equipment become old or worn to the point where they are no longer able to provide optimum service to the City or are too costly to maintain; and,
WHEREAS, these vehicles and equipment must routinely be replaced to provide City staff with adequate equipment to provide the best and most cost-effective services to the public; and
WHEREAS, County of Alameda has undertaken a competitive bidding process equivalent to or better than the requirements in City’s Purchasing Policy and has awarded a contract to Dublin Chevrolet as its vendor for Chevrolet Vehicle Purchases; and WHEREAS, Dublin Chevrolet was the lowest responsive, responsible bidder for all 2023 Chevrolet models and specifications; and
WHEREAS, City seeks to “piggyback” on the County of Alameda contract for Vehicle Purchases, specifically Master Contract No. 901979; and WHEREAS, sufficient funds for this purchase are available in the previously approved Fleet Budget for Fiscal Year 2022/23.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to execute a contract with Dublin Chevrolet in the amount of $111,931.20 to purchase two new 2023 Chevrolet Tahoe Utility vehicles for the Police Department.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_______________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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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 City Council Resolution to Accept the Program for Arterial System Grant for Traffic Signal Synchronization, Allocate Matching Funds, and Authorize Execution of the Grant Agreement
MEETING DATE: October 3, 2022
EXECUTIVE SUMMARY
The Metropolitan Transportation Commission (MTC) recently approved a $111,900 grant award to the City through its Program for Arterial System Synchronization (PASS) to improve travel time along the Buchanan Road, Railroad Avenue, and West Leland Road corridors. This Resolution accepts the grant, allocates matching funds, and authorizes execution of an agreement between MTC and the City.
FISCAL IMPACT
Under MTC grant guidelines, the $111,900 grant award requires local matching funds in the amount of $16,684. Sufficient funds are available for re-allocation from Project 2233 - Traffic Signal Modification, which is an appropriate use of these funds. No new fund allocations are requested.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the $111,900 PASS Grant, re-allocate $16,684 from Project 2233 – Traffic signal Modification, and authorize the City Manager to execute a funding agreement and other documentation necessary to receive the grant.
BACKGROUND
On May 12, 2022, staff applied for FY 2022/23 PASS Grant funding to synchronize traffic signal timings along the Buchanan Road, Railroad Avenue, and West Leland Road corridors.
On July 8, 2022, MTC notified the City that the PASS Grant application was approved in the amount of $111,900.
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SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
Staff and a traffic design consultant will use PASS Grant funds to evaluate and address the inefficiencies of traffic signal timings during peak commute hours along the Buchanan Road, Railroad Avenue, and West Leland Road travel corridors. Traffic counts, installation of GPS clocks, and traffic modifications will be made to a total of 35 traffic signal intersections.
The proposed improvements will help reduce traffic congestion, travel times, and greenhouse gas emissions (GHG). The grant will also help improve travel time reliability and traffic safety.
ATTACHMENTS: Resolution
PASS FY 22/23 Joint Funding Agreement
Report Prepared By: Nhat Phan, Associate Engineer
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Resolution No. 22- Page 1 of 1 October 3, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a City Council Resolution to Accept )
the Program for Arterial System (PASS) Grant ) RESOLUTION NO. 22- for Traffic Signal Synchronization, Allocate )
Matching Funds, and Authorize Execution of )
the Grant Agreement ) WHEREAS, the City has been awarded a PASS Grant in the amount of $111,900 for Traffic Signal Synchronization on Buchanan Road, Railroad Avenue, and West Leland Road (the “Project”); and
WHEREAS, the Project will improve travel time during peak commute hours along three major arterial corridors, by means of traffic counts, installation of GPS clocks, and traffic modifications at 35 traffic signalized intersections; and WHEREAS, the PASS Grant requires that the City allocate matching funds in the amount of $16,684 for a total project budget of $111,900.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the PASS Grant in the amount of $111,900, re-allocates $16,684 from Project 2233 - Traffic Signal Modification, and authorizes the City Manager to execute the grant agreement on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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September 12, 2022
Nhat Phan
Associate Engineer
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
RE: PASS FY 22/23 Joint Funding Agreement
Dear Mr. Phan:
This letter, effective as of July 8, 2022 (“Effective Date”) is the agreement between the City of Pittsburg (“AGENCY”) and the Metropolitan Transportation Commission (“MTC”) for developing and implementing traffic signaling coordination plans for the Program for Arterial System Synchronization (PASS) FY 22/23 project, which will be jointly funded by MTC and AGENCY (“the Agreement”). AGENCY’s application for the FY 22/23 PASS cycle submitted May 12, 2022, is incorporated herein by this reference.
1. It is agreed that with funding under this Agreement, MTC will engage its consultant, TJKM Transportation Consultants (“Consultant”), to perform all the services specified in Attachment A, Scope of Work, according to the schedule in Attachment B, Project Payment Schedule, both attached hereto and incorporated herein by this reference.
2. Work will be performed under the direction of Robert Rich or a designated representative (herein "Project Manager") who will approve a work plan prior to Consultant beginning work.
3. Consultant will be compensated for its services in accordance with Attachment B, Project Payment Schedule, attached hereto and incorporated herein by this reference. The maximum amount payable to Consultant, including (as applicable) labor, supervision, applicable surcharges such as taxes, insurance, and fringe benefits, indirect costs, overhead, profit, subcontractors costs (including mark-up), travel, equipment, materials and supplies, and expenses shall not exceed one hundred four thousand, seven hundred dollars ($104,700) (“Maximum Payment”). 472
MTC/City of Pittsburg
PASS FY 22/23 Joint Funding Agreement
MTC shall furnish nine (9) GPS clocks that AGENCY shall install and configure at the project locations identified in Attachment A, Scope of Work.
MTC shall invoice AGENCY for its local match contribution for the Project in the amount of sixteen thousand, six hundred eighty-four dollars ($16,684) billable in lump sum upon the first month after the start of work by Consultant. AGENCY shall pay MTC fully upon receipt of an invoice in the amount stated above within thirty (30) days of receipt. MTC’s invoice shall be mailed to:
Attention: Nhat Phan,
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
4. The term of the Agreement shall begin on the Effective Date and conclude on June 30, 2023, unless MTC terminates this agreement earlier as provided below.
5. MTC may terminate the Agreement without cause upon three (3) days’ prior written notice. In the event of early termination, MTC shall reimburse AGENCY in an amount equal to its proportional share of the funds that were unused towards the Project. AGENCY shall submit an invoice requesting reimbursement for unused funds electronically via email to MTC at [email protected] or in writing and delivered or mailed to MTC as follows:
Attention: MTC Accounting Section
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA 94105
Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, approved by the Project Manager or a designated representative.
6. Except for invoices submitted by MTC, all notices or other communications to either party by the other shall be deemed given when made in writing and delivered, mailed, emailed, or faxed to such party at their respective addresses as follows:
To MTC: Attention: Robert Rich
Metropolitan Transportation Commission
375 Beale Street, Suite 800
San Francisco, CA 94105
Email: [email protected]
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MTC/City of Pittsburg
PASS FY 22/23 Joint Funding Agreement
To AGENCY: Attention: Nhat Phan,
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Email: [email protected]
7. To the maximum extent permitted by law, AGENCY shall indemnify, keep and hold harmless MTC and its commissioners, directors, officers, agents, and employees (“MTC Indemnified Parties”) against any and all demands, claims, suits or actions arising out of any of the following:
A. Any injury or death to persons or property or pecuniary, financial or economic losses that may occur, or that may be alleged to have occurred, arising from the performance of this Agreement by AGENCY caused by any breach of the Agreement or negligent act or omission or willful misconduct of AGENCY or its officers, employees, subconsultants or agents; or
B. Any allegation that materials or services provided by AGENCY under this Agreement infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual- property or proprietary right of any third party.
AGENCY further agrees to defend any and all such claims, actions, suits or other legal proceedings and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered against any of the MTC Indemnified Parties, AGENCY shall, at its expense, satisfy and discharge the same.
The provisions set forth in this Article are intended to be applied to the fullest extent allowed under the law and, if any portion of it is found to be void or unenforceable, the remainder is to be severable and enforceable. This indemnification shall survive termination or expiration of this Agreement.
8. Any claim or controversy concerning the interpretation, application, or implementation of this Agreement between MTC and AGENCY that cannot be resolved through the informal, good faith efforts of the parties may, by specific agreement of the parties, be submitted to alternative dispute resolution (that is, mediation or arbitration) with the parameters for such dispute resolution being agreed to by the parties at the time. If a dispute is not resolved through discussion or the parties do not agree to alternative dispute resolution, either party may pursue available legal remedies in a California State or Federal court of competent jurisdiction.
AGENCY must file a government claim pursuant to Government Code section 910 et seq. in order to initiate a civil action. The prevailing party in any dispute shall be entitled to payment of its attorneys’ fees and costs. This section shall survive the termination or expiration of the Agreement.
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PASS FY 22/23 Joint Funding Agreement
9. All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of California applicable to agreements made and to be performed within the State.
10. This Agreement constitutes the complete agreement between the parties and supersedes any prior written or oral communications. Any amendment of the Agreement must be in writing, specifically identified as an amendment to the Agreement, and signed by both AGENCY and the Executive Director of MTC, or his designated representative. The Project Manager is not a designated representative, for purposes of approving an amendment.
If you agree, please sign this letter in the space provided below.
Very truly yours,
Therese W. McMillan
Executive Director
Accepted and Agreed to this:
Date: __________________
Garrett Evans, City Manager
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MTC/City of Pittsburg
PASS FY 22/23 Joint Funding Agreement
ATTACHMENT A
SCOPE OF WORK
The services to be performed by Consultant shall consist of services requested by the Project Manager or a designated representative including, but not limited to, the following scope excerpted from Deliverable 1B (Final Scope, Schedule and Budget) for AGENCY’s FY 22/23 PASS project:
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PASS FY 22/23 Joint Funding Agreement
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PASS FY 22/23 Joint Funding Agreement
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PASS FY 22/23 Joint Funding Agreement
ATTACHMENT B
PROJECT PAYMENT AND SCHEDULE
Payment for Consultant's services shall be due in the firm fixed amounts indicated below, upon acceptance by Project Manager of the following deliverables or milestones, described in detail in Attachment A:
Task Deliverables Due Date Amount MTC
Share
AGENCY
Share
1A Draft Scope of Work, Schedule, and Budget Aug 2022 $5,235 $4,581 $654 1B Final Scope of Work, Schedule, and Budget Sep 2022 $5,235 $4,581 $654 2A Draft Existing Conditions Report Nov 2022 $31,410 $27,484 $3,926 2B Final Existing Conditions Report Dec 2022 $10,470 $9,162 $1,308 3A Draft Recommendations Report Jan 2023 $15,705 $13,742 $1,963 3B Revised Recommendations Report Feb 2023 $10,470 $9,162 $1,308 4 Preliminary Implementation and Fine Tuning May 2023 $15,705 $13,742 $1,963 4A Draft Project Report with Benefit-Cost Analysis Jun 2023 $5,235 $4,581 $654 4B Final Project Report with Benefit-Cost Analysis Jun 2023 $5,235 $4,581 $654 Total Consultant Services $104,700 $91,616 $13,084
GPS Clocks n/a $7,200 $3,600 $3,600
Total $111,900 $95,216 $16,684
MTC shall submit an invoice to AGENCY for the total AGENCY Share amount upon start of work by Consultant.
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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 City Council Resolution Authorizing Agreements between the California Department of Transportation (Caltrans) and the City of Pittsburg for Project 2018-03 - BART Pedestrian and Bicycle Connectivity
MEETING DATE: October 3, 2022
EXECUTIVE SUMMARY
This Resolution will authorize the City Manager to execute a Project Specific Pedestrian and Bicycle Maintenance Agreement, Amendment No.1 of Freeway Maintenance Agreement, and a State Highway Relinquishment Agreement between Caltrans and the City of Pittsburg for Project 2018-03 - BART Pedestrian and Bicycle Connectivity (the “Project”).
FISCAL IMPACT
There is no fiscal impact with the authorization of these agreements. Once the pedestrian and bicycle pathways are complete, the City will assume responsibility for their continued maintenance.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute a Project Specific Pedestrian and Bicycle Maintenance Agreement, Amendment No.1 of Freeway Maintenance Agreement, and a State Highway Relinquishment Agreement between Caltrans and the City of Pittsburg for Project 2018-03 - BART Pedestrian and Bicycle Connectivity.
BACKGROUND
The Project will improve pedestrian and bicycle access to the Pittsburg Center BART Station. It includes construction of:
A Class l trail in the green space on the west side of Railroad Avenue from the Delta DeAnza Trail to Highway 4
A Class l trail in the existing BART parking lot located on Bliss Avenue to Railroad Avenue
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A Class I trail with parking on the south side of California Avenue from Railroad Avenue to Harbor Street
Class IV bicycle lanes on Railroad Avenue from 17th Street to California Avenue On January 22, 2019, preliminary engineering funds were approved for the Project, and the E-76 Authorization to Proceed with Design was issued.
On June 11, 2019, staff received and evaluated four Statements of Qualifications (SOQ) for design engineers. Harrison Engineering Inc. was ranked as the most qualified based on the SOQ submitted.
On December 16, 2019, the City Council adopted Resolution 19-13732 authorizing the City Manager to execute an agreement for project design with Harrison Engineering Inc.
Between December 18, 2019, to September 5, 2022, staff and design consultants coordinated with Caltrans to develop the Amendment No. 1 Freeway Maintenance Agreement, Project Specific Pedestrian and Bicycle Maintenance Agreement, and State Highway Relinquishment Agreement. These agreements are prepared specifically to define the City of Pittsburg’s and Caltrans’ maintenance responsibilities for pedestrian and bicycle pathway improvements constructed with the Project.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
Staff recommends the City Council authorize the City Manager to sign the Project Specific Pedestrian and Bicycle Maintenance Agreement, Amendment No.1 Freeway Maintenance Agreement, and State Highway Relinquishment Agreement for the BART Pedestrian and Bicycle Connectivity Project.
Once all agreements have been signed, Caltrans will finalize approval of design plan submittals and authorize release of funding for the Project.
ATTACHMENTS: Resolution
Project Specific Pedestrian and Bicycle Maintenance Agreement Amendment No.1 to Freeway Maintenance Agreement
State Highway Relinquishment Agreement
Report Prepared By: Nhat Phan, Associate Engineer
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Resolution No. 22- Page 1 of 1 October 3, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a City Council Resolution Authorizing )
the City Manager to Execute Agreements Between ) RESOLUTION NO. 22- the California Department of Transportation and )
the City of Pittsburg for Project 2018-03 BART ) Pedestrian and Bicycle Connectivity____________)
WHEREAS, Project 2018-03 BART Pedestrian and Bicycle Connectivity (the “Project”) is for the construction of pedestrian/bicycle trails and bicycle lanes around the Pittsburg Center BART Station to provide better access; and WHEREAS, these agreements are prepared specifically to define the City of Pittsburg’s and the California Department of Transportation’s (Caltrans) maintenance responsibilities for pedestrian and bicycle pathway improvements constructed with the Project; and
WHEREAS, once all agreements are signed, Caltrans will finalize approval of design plan submittals and authorize the release funding for Project construction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to enter into a Project Specific Pedestrian and Bicycle Maintenance Agreement, Amendment No. 1 of Freeway Maintenance Agreement, and a State Highway Relinquishment Agreement between Caltrans and the City of Pittsburg for Project 2018-03 - BART Pedestrian and Bicycle Connectivity.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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CC-04-PM23.0/24.4
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1 PROJECT SPECIFIC PEDESTRIAN AND BICYCLE MAINTENANCE AGREEMENT
WITH CITY OF PITTSBURG
THIS AGREEMENT is made effective on ____________________, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Pittsburg; hereinafter referred to as “ CITY”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Permit Number __________________ w ill be executed between CITY and STATE to construct Bay Area Rapid Transit (BART, not a party to this Agreement) Pedestrian and Bicycle Connectivity Project along side State Route (SR) 4 , hereinafter referred to as “PROJECT”, and
2. The PROJECT will construct pedestrian and bicycle paths between Railroad Avenue and Har bor Street and from eastbound onramp between Railroad Avenue and existing BART parking facility on Bliss Avenue, hereinafter referred to as “PATH”, and
3. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a M aintenance Agreement , and
4. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Encroachment Permit Number __________________, and
5. There is an existing Freeway Maintenance Agreement(s), with CITY dated October 17, 2006. This Agreement is not meant to replace or supersede the earlier agreement(s).
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of plan drawings and Exhibits B delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.
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2 2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A , or B by a mutual written execution of the exhibit.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
4. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in according with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
5. The maintenance functions assigned to CITY, at CITY’s expense, with regards to PATH are as follows:
5.1. PATH PAVEMENT
CITY shall perform PATH pavement repair and replacement, crack sealing, pothole patching, pavement resurfacing (overlay), emergency pavement maintenance as a result of normal wear and tear and public use of the PATH.
CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle travel along the entire length of PATH, and is solely responsible for all PATH improvements, all fences, guard railing, drainage facilities at grade , curb and gutter, new Americans with Disabilities A ct (ADA) compliance curb and ramp, crosswalk treatment, non-STATE standard materials, slope and structural section pavement of PATH located and constructed within STATE’s right of way.
5.2. LITTER AND GRAFFITI
CITY shall perform cleanup , debris and litter removal and sweeping operations necessary to maintain the width limits of the PATH as shown in Exhibit A, in a neat and clean usable condition, free of litter, debris and graffiti. Litter, debris and graffiti include, but not limited to, all sand, paper, garbage, refuse, and other items resulting from public access. Graffiti removal should be complied to State Maintenance Manual Volume No.1 Chapter D1.06.
5.3. VEGETATION CONTROL
CITY shall perform vegetation control of all vegetative material growing within the designated width limits of the PATH as shown on Exhibit A, including treatment by means of brush control and tree trimming.
5.4. SIGNS
CITY shall maintain all signing placed on or immediately adjacent to PATH for the purpose of warning or regulating PATH traffic.
5.5. STRIPING
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3 CITY shall maintain all striping and pavement marking required for the direction and operation of PATH traffic.
5.6. SAFETY DEVICES
The maintenance, repair, replacement and cleaning of PATH safety devices such as bollards, gates, surveillance cameras, cleaning guide posts and markers are the CITY’s responsibility.
5.7. PATH LIGHTING
CITY shall operate and maintain the lighting that illuminates PATH including lighting at mixing areas, handrails, light fixtures and replacing bulbs. CITY shall be responsible for electricity costs associated with lighting PATH and for the conduit and circuitry accessible from the path surface.
5.8. DRAINAGE
CITY shall maintain all drainage facilities built for PATH. These duties include but not limited to preventing drainage obstructions and maintaining worn/damaged drainage facilities.
5.9. RETAINING WALLS FOR PATH
CITY will perform debris removal, cleaning and painting to keep retaining wall structures for the PATH as shown in Exhibit A free of debris, dirt and graffiti. The structural maintenance, including inspection, maintenance, and any emergency work for the retaining walls shall lie with CITY at CITY’s expense.
5.10. LANDSCAPED AREAS
CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.
5.11. ROADWAY SECTION – CALIFORNIA AVENUE
CITY will maintain, at CITY’s expense, all portions of city streets, appurtenant structures, drainage facilities, and bordering areas, within the designated areas on the attached maps marked EXHIBIT “A.” CITY will maintain, at CITY’s expense, a safe facility for travel along entire length of the roadways by providing sweeping, graffiti and debris removal when necessary, and all signing and striping and pavement markings required for the direction and operation of the roadways.
5.12. EXISTING WATER IRRIGATION SUPPLY LINE
CITY will maintain, at CITY’s expense, existing 4” irrigation wate r supply line underneath path pavement, irrigation valves and valve boxes located along the north side of adjacent Bliss Avenue properties as shown in Exhibit A.
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4 5.13. ACCESS
The STATE reserves its unrestricted right to use all areas within the STATE right of way for future construction, reconstruction, expansion, or modification, including inspection and maintenance purposes. STATE will have the use of PATH as a service road for its operations and maintenance vehicles. State will be responsible for any repair and/or replacement for damages incurred to PATH and PATH components as a result of its use of PATH as a service road.
6. STATE shall maintain fences adjacent to PATH that separates PATH and the state highway.
7. LEGAL RELATIONS AND RESPONSIBILITIES
7.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
7.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
7.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
8. PREVAILING WAGES:
8.1. Labor Code Compliance - If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; 487
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5 or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work s. Work performed by CITY 'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
8.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
9. INSURANCE -
9.1. SELF-INSURED - CITY is self insured.
CITY agrees to deliver evidence of self-insured
coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self -insurance letter (“Letter of Self -Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self -Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self- Insurance shall be attached hereto and incorporate as Exhibit B.
9.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY ‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
10. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
11. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 10 above.
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6 PARTIES are empowered by Street s and Highways Code Section 114 and 130 to enter into this Agreement and ha ve delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF PITTSBURG STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
HOLLAND BARRETT WHITE
CITY Mayor
Initiated and Approved
By: ___________________________
GARRETT EVANS
CITY Manager
By: _____________________________
LEAH BUDU Date
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
ALICE E. EVENSON
CITY Clerk
By: __________________________
DONNA MOONEY
CITY Attorney
489
EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
490
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INDEX OF SHEETS
SHEET NO.
1 2
3 4
5 6
7 LEGEND
TITLE
TITLE SHEET (T-1)
TYPICAL SECTIONS (X-1)
TYPICAL SECTIONS (X-2)
CALIFORNIA AVENUE LAYOUT (L-1)
CALIFORNIA AVENUE LAYOUT (L-2)
BLISS A VENUE LAYOUT (L-3)
RAILROAD AVENUE LAYOUT (L-4)
V/T/Za
AREA WITHIN CALTRANS R/W
TO BE MAINTAINED BY THE CITY
CAL TRANS R/W LINE
LIGHTING
VIDEO CAMERA
BORDER LAST REVISED 7/1/2010 CALTRANS WEB SITE IS: HTTP//WWW.DOT.CA.GOV/
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PROJECT SPECIFIC PEDESTRIAN AND BICYCLE MAINTENANCE
AGREEMENT WITH CITY OF PITTSBURG ON
STATE H GHWAY
IN CONTRA COSTA COUNTY
IN PITTSBURG BETWEEN
RAILROAD AVENUE AND HARBOR STREET
FEDERAL PROJECT NO. CML 5127(036)
CITY CONTRACT NO. 201 8-03
OCTOBER 1 ST, 2021
10 � '1
RELATIVE BORDER SCALE 0 2 3 USERNAME =>
DWG FILE => IS IN INCHES
Dist COUNTY
04 cc
SAN
SA
ROUTE
04 MODOC
LASSEN
SANTA
BARBARA
POST MILES SHEET TOTAL
TOTAL PROJECT No. SHEETS
23.0-24.4 1 7
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INYO
TULARE
KERN
SAN BERNARDINO
LOCATION MAP
RIVERSIDE
SAN DIEGO IMPERIAL
VICINITY MAP
NOT TO SCALE
EXHIBIT A
CITY OF PITTSBURG ENGINEERING DIVISION 65 CIVIC AVENUE PITTSBURG, CA 94565 CONTRACT No. 2018-03
PROJECT ID 0421000238
UNIT 0000 PROJECT NUMBER & PHASE 0421000238
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492
493
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495
496
497
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF PITTSBURG STATEMENT OF
SELF INSURANCE
498
P . O . B o x 6 7 * W a l n u t C r e e k , C A 9 4 5 9 7 * ( 9 2 5 ) 9 4 3 - 1 1 0 0 * F a x ( 9 2 5 ) 9 4 6 - 4 1 8 3 Page 1 FY 2022-2023
MUNICIPAL POOLING AUTHORITY
GENERAL & AUTO LIABILITY
DECLARATIONS
Subject to the terms of the Memorandum of Coverage, we agree with the Member to provide the coverages as described in these Declarations.
These Declarations and the underlying Memorandum of Coverage are issued under and pursuant to the terms, conditions, covenants and stipulations of the Joint Exercise of Powers Agreement dated April 1, 2005 between the Members stated herein and Municipal Pooling Authority (MPA) and any amendments thereto. MPA provides $1 million in primary coverage, including the member’s Self-Insured Retention (SIR) while the CARMA excess pool provides $29 million in excess coverage, including MPA’s $1 million SIR. All terms and conditions of said Agreement are incorporated herein by reference. In the event that any provision of this Memorandum of Coverage is in conflict or inconsistent with the Joint Exercise of Powers Agreement, the terms and conditions of such Joint Exercise of Powers Agreement shall prevail and take precedence to the extent of such conflict or inconsistency.
MEMBERS: Municipal Pooling Authority, and
Cities of Antioch; Brentwood; Clayton; El Cerrito: Gilroy; Hercules; Lafayette; Manteca; Martinez; Oakley ; Orinda; Pinole; Pittsburg; Pleasant Hill; San Pablo; San Ramon; Walnut Creek ; and Towns of Danville and Moraga
COVERAGE PERIOD: July 1, 2022 through June 30, 2023
PRIMARY LIABILITY: MUNICIPAL POOLING AUTHORITY
POLICY # MPA22-23
TYPE OF COVERAGE LIMIT OF COVERAGE
PER OCCURRENCE
A. Bodily Injury or Property Damage:
Member SIR:
$1,000,000.00
See Below
B. Personal Injury:
Member SIR
$1,000,000.00
See Below
C. Public Officials Errors & Omissions:
Member SIR (All)
$250,000.00
$25,000.00
MEMBERS SIR
PER OCCURRENCE
Cities of Manteca & Walnut Creek $100,000.00
Cities of Antioch & Gilroy $50,000.00
Cities of Martinez, Oakley, Pinole,
Pittsburg & Pleasant Hill $25,000.00
Cities of Brentwood, Hercules & San Pablo;
Town of Moraga
$10,000.00
Cities of Clayton, El Cerrito, Lafayette,
Orinda & San Ramon; Town of Danville
$5,000.00
499
P . O . B o x 6 7 * W a l n u t C r e e k , C A 9 4 5 9 7 * ( 9 2 5 ) 9 4 3 - 1 1 0 0 * F a x ( 9 2 5 ) 9 4 6 - 4 1 8 3 Page 2 FY 2021-2022
EXCESS LIABILITY: California Affiliated Risk Management Authorities (CARMA) POLICY NUMBER: CARMA 2023-GL
TYPES OF COVERAGE LIMIT OF COVERAGE
PER OCCURRENCE
Bodily Injury, Personal Injury, Property Damage,
Employment Liability, and Errors & Omissions:
MPA Self-Insured Retention
$29,000,000.00
$1,000,000.00
THESE DECLARATIONS, TOGETHER WITH THE MEMORANDUM OF COVERAGE FOR
GENERAL & AUTO LIABILITY, ANY ENDORSEMENTS ATTACHED THERETO, AND THE JOINT EXERCISE OF POWERS AGREEMENT, COMPLETE THE COVERAGE PROVIDED.
LIABILITY CLAIMS
SERVICING ORGANIZATION:
Municipal Pooling Authority
P.O. Box 67
Walnut Creek, CA 94597
(925) 943-1100 FAX: (925) 946-4183
ISSUED BY:
Linda Cox, Chief Administrative Officer
500
501
California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 70063874
Certificate Holder: State of California
Department of Transportation District 4
111 Grand Avenue
Oakland, CA 94623
Covered Party: MPA-City of Pittsburg
Description of
Covered Activity:
As respects the Agreement CC-04-PM23.0/24.4 between State of California and the City of Pittsburg regarding the construction of the Bay Area Rapid Transit Pedestrian and Bicycle Connectivity Project alongside SR 4; The State of California, its officers, agents, and employees are additional covered parties with regard to any negligent acts or omissions of City of Pittsburg, its officers, agents, and employees, as pertains to Agreement CC-04-PM23.0/24.4.
Memorandum of
Coverage Number: CARMA 2022-GL Effective Date: 7/1/2022 Expiration Date: 7/1/2023 Limits: $4,000,000 (per occurrence)
Excess of: $1,000,000
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 8/31/2022
Renewal: Y esUnderlying Certificate Issued: Y es
Authorized Representative Signature:
70063874 | CARMA | 22/23 GL $4MM LIMITS | Danielle Davis | 8/31/2022 4:27:14 PM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. 502
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Agreement 04-2872
1 STATE HIGHWAY
RELINQUISHMENT AGREEMENT
This AGREEMENT, executed from effective from _____(date)_____, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Pittsburg, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction.
2. CALTRANS intends to relinquish to CITY that portion of State Route 4 consisting of Class I Bikeway south of California Avenue between Railroad Avenue and Harbor Street as shown in Exhibit A, which is attached to and made a part of this agreement, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on non- motorized transportation facilities. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office.
3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair.
4. CALTRANS and CITY, collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this AGREEMENT constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73.
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2 2. To accept ownership, including all of CALTRANS’s current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.
3. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Environmental Disclosure Memo dated May 4, 2022. CITY has received and reviewed a copy of the above-referenced Environmental Disclosure Memo. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials.
SECTION II
CALTRANS AGREES:
1. To relinquish, upon the approval of the CTC’s Resolution of Relinquishment, the RELINQUISHED FACILITIES.
2. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording.
3. Upon CITY’s specific request, to transfer to CITY’s within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information.
SECTION III
IT IS MUTUALLY AGREED:
1. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
2. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC.
3. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, 505
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3 maintain, add, remove, or modify CALTRANS’ facilities retained in those RELINQUISHED FACILITIES.
4. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Environmental Disclosure Memo dated May 4, 2022, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment.
5. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Environmental Disclosure Memo dated May 4, 2022, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment.
6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT.
7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
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4 8. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto.
9. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder’s Office except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement.
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5 CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CITY OF PITTSBURG
Associate Engineer: Nhat Phan
Phone Number: (925) 252-4857
E-mail: [email protected]
Billing Address: 65 Civic Avenue CA 94565
CALTRANS
Project Manager: Samuel Woldesemayat
Phone Number: (510) 290-7202
E-mail: [email protected]
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6 SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
By:
Helena (Lenka) Culik-Caro
Deputy District Director, Design
VERIFICATION OF FUNDS &
AUTHORITY:
By: ________________________________
Jeffrey Kuehnel
District Budget Manager
APPROVED AS TO FORM AND
PROCEDURE:
By: ________________________________
Meera Danday
Attorney
CITY OF PITTSBURG
By:
Name
Title
ATTEST:
By:
Name
Title
APPROVED AS TO FORM AND
PROCEDURE:
By:
Name
Title
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7 EXHIBIT A – Relinquishment Map
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8 511
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9 512
513
514
515
516