Pittsburg City Council
November 6, 2023

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
TANNER PACIFIC, INC.

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Tanner Pacific, Inc., a California corporation
(“Consultant”) (together referred to as the “Parties”) as of November 6, 2023 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2027 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Three Million, Six Hundred Eighty-Four Thousand, Two Hundred Thirty Dollars ($3,684,230), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement.

This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

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Consulting Services Agreement between
City of Pittsburg and Tanner Pacific, Inc.

November 6, 2023

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 236
Consulting Services Agreement between
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November 6, 2023

2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.

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Consulting Services Agreement between
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November 6, 2023

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with s
uch work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained b
y the City, its officers, officials,
employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 238
Consulting Services Agreement between
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November 6, 2023

$1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

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Consulting Services Agreement between
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November 6, 2023

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all lia bility, loss,
damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 240
Consulting Services Agreement between
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November 6, 2023

applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be determined to apply.

5.2 PERS Indemnification.

In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 241
Consulting Services Agreement between
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November 6, 2023

will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 242
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November 6, 2023

subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.

Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 243
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November 6, 2023

suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

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10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090
et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Consultant : Tanner Pacific, Inc.
274 Redwood Shores Pkwy
Suite 607
Redwood City, CA 94065
ATTN: William Tanner, CEO
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 245
Consulting Services Agreement between
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November 6, 2023

prior negotiations, representations, or agreements, either written or oral.

To the extent there are any inconsistencies between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistencies between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

The Parties have executed this Agreement as of the Effective Date.

CITY OF PITTSBURG CONSULTANT
____________________________ ______________________________ Garrett Evans, City Manager William Tanner, PE, CEO
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A

SCOPE OF SERVICES

Task 1: Pre-Construction Services
Constructability Review
 Review plans and specifications to ensure that the mechanical, electrical, and control configuration for the blowers are set up to provide for proper filter air scour during the backwash cycle so as not to damage the filter underdrains or media.
 A structural review of the plans and specifications.
 Suggested improvements to the project’s sequences and constraints to minimize duration of shutdowns utilizing recent project team experience keeping the City of Pittsburg WTP in operation while replacing the WTP’s five main pumps and associated MCCs, VFDs, and switch board.
 Recommendation of contract language that includes base bids and alternatives as identified by the City.
 Recommendation of language to include critical milestone dates for early completion of the hypochlorite and other chemical systems.  Recommended solutions to complications associated with filter media sampling and testing to ensure compliance with effective size and uniformity coefficient requirements of the installed media.
 Utilize project team experience to review the hypochlorite chemical feed system and provide insight as to how to make sure the system will function without vapor locking during hot weather.
 Draw on team experience to check material compatibility to ensure that the chemical feed system materials being specified are most compatible with the chemicals being conveyed to avoid material failure.
 Draw on team experience from recent projects to ensure that the specifications include language that ensures operations and maintenance personnel receive proper training on new systems during their shifts without disrupting plant operations.
 Review power outage impacts on WTP operations while taking electrical systems out of service and develop solutions to minimize or eliminate disruptions to impacted facilities.
 Ensure language is included in the contract documents to reduce the risk of bid protests and limit protest filing time periods.

Risk Assessment and Mitigation
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Task 2: CM Implementation Plan and Inspection Services

1. Team organization, structure, and responsibilities.

2. Project meeting structure, frequency, goals, and recommended attendees. ° Pre-Construction Meeting
° Weekly Progress Meetings
° Detailed Issue Meetings
° Project Coordination Meeting
° Start up and Commissioning Meetings

3. Contract Administration Protocols

4. QA/QC Procedures and Guidelines

5. Contract Compliance and Conflict Resolution

6. Risk Management and Assessment
Construction Contract Administration
 Submittals and RFIs
 Change Orders/Disputes
 Design Clarifications
 Progress Payments
 Record Drawings
 Operation and Maintenance Manuals
 Project Start up and
Commissioning
 Project Close Out
Construction Inspection Services
 Field inspections of work in progress and completed work (including documentation and evaluation).
 Reviewing testing results of materials performed by on-site or off-site e ntities (including documentation and evaluation).
 Identification of
and tracking the resolution of nonconforming work.
 Understanding the contractor’s sequencing and approach so we can anticipate the work m
ethods and intervene if we believe the contractor’s approach will r esult in unacceptable qu
ality.
 Working with the designers, contractor, and vendors to quickly facilitate submittal reviews, helping keep the project on schedule.
 Validating that the contractor has the equipment and manpower necessary to keep critical path activities moving. Working in a planned manner increases probability of quality outputs.
 Maintaining testing records.

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 Witnessing performance tests.
 Maintaining a preliminary deficiency list to track items through to final punch list.

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EXHIBIT B

COMPENSATION SCHEDULE
See Attachment A

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CITY OF PITTSBURG

WATER TREATMENT PLANT IMPROVEMENTS AND HYPOCHLORITE CONVERSION

TANNER PACIFIC LEVEL OF EFFORT
Total Hours Rate Total NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 592 150,664$
Principal 0 325.00$ -$
CM/RE 120 295.00$ 35,400$ 24 24 24 24 24
Assistant RE 204 235.00$ 47,940$ 40 60 40 40 24
Process (Stantec) 48 317.00$ 15,216$ 48
Mechanical 24 243.00$ 5,832$ 24
Structural (Stantec) 24 350.00$ 8,400$ 24
Civil 24 243.00$ 5,832$ 24
Finishes 8 243.00$ 1,944$ 8
Electrical 20 265.00$ 5,300$ 20
Inst & Controls/PCSI 20 265.00$ 5,300$ 20
Project Controls Specialist 100 195.00$ 19,500$ 40 20 8 16 16 13,380 3,293,230$
Principal 0 325.00$ -$
CM/RE 2120 295.00$ 625,400$ 40 40 40 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 Assistant RE 3680 235.00$ 864,800$ 40 80 80 120 120 120 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 120 120 120 120 120 80 40 Project Controls Specialist 1600 195.00$ 312,000$ 40 40 40 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 40 Scheduler 428 255.00$ 109,140$ 2 0 2 0 2 0 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 8888 Special Inspection and Mtls Testing (Kleinfelder) 156 225.32$ 35,150$ 12 12 12 12 12 12 12 12 12 12 12 12 12 Filter Media Testing (Kleinfelder) 40 210.00$ 8,400$ 20 20 Start-Up Commissioning 656 275.00$ 180,400$ 888888888 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 4 0 4 0 4 0 8 0 4 0 2 0 2 0 8 0 4 0 4 0 Lead Inspector 3980 243.00$ 967,140$ 20 40 120 120 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 120 120 80 Inspector 0 233.00$ -$
Elect/Controls/PCSI 720 265.00$ 190,800$ 10 10 16 16 16 20 20 40 40 40 40 20 20 24 24 24 24 24 40 40 40 24 24 24 40 20 20 20 Technical Advisor 0 325.00$ -$
804 197,620$
Principal 4 325.00$ 1,300$ 22
CM/RE 240 295.00$ 70,800$ 120 120
Assistant RE 240 235.00$ 56,400$ 120 120
Project Controls Specialist 240 195.00$ 46,800$ 120 120 Scheduler 24 255.00$ 6,120$ 16 8
Start-Up Commissioning 40 275.00$ 11,000$ 20 20
Technical Advisor 16 325.00$ 5,200$ 88
14,776 Project Total: 3,641,514$ 272 104 72 80 64 178 238 324 420 460 464 516 536 536 544 544 524 512 528 516 528 516 528 568 556 588 560 500 480 488 500 420 308 406 398 Total Hours:

Task 3 : Post Construction Services
Task 2: CM and Inspection Services
Task 1: Pre-Construction Services
Classification/Service
Closeout
2023 2024 2025 2026
Pre-Construction Construction Offline Cx Online Cx
Exhibit B - Compensation Schedule
Attachment A
November 6, 2023

DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 251

CITY OF PITTSBURG

WATER TREATMENT PLANT IMPROVEMENTS AND HYPOCHLORITE CONVERSION

TANNER PACIFIC LEVEL OF EFFORT
Total Hours Rate Total NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Principal 4 325.00$ 1,300$ 00000000000000000000000000000000022 CM/RE 2480 295.00$ 731,600$ 24 24 24 24 24 40 40 40 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 120 120 Assistant RE 4124 235.00$ 969,140$ 40 60 40 40 24 40 80 80 120 120 120 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 120 120 120 120 120 80 40 120 120 Process (Stantec) 48 317.00$ 15,216$ 48
Mechanical 24 243.00$ 5,832$ 24
Structural (Stantec) 24 350.00$ 8,400$ 24
Civil 24 243.00$ 5,832$ 24
Finishes 8 243.00$ 1,944$ 8
Electrical 20 265.00$ 5,300$ 20
Inst & Controls/PCSI 20 265.00$ 5,300$ 20
Project Controls Specialist 1940 195.00$ 378,300$ 4 02 0 8 1 61 64 04 04 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 06 04 0 1 2 0 1 2 0 Scheduler 452 255.00$ 115,260$ 2 0 2 0 2 0 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 8888 1 6 8 Special Inspection and Mtls Testing (Kleinfelder) 156 225.32$ 35,150$ 1 2 1 2 1 2 1 2 1 2 1 201 201 201 2 1 201 2 1 2 1 20 Filter Media Testing (Kleinfelder) 40 210.00$ 8,400$ 20 20 Start-Up Commissioning 696 275.00$ 191,400$ 888888888 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 1 6 4 0 4 0 4 0 8 0 4 0 2 0 2 0 8 0 4 0 4 0 2 0 2 0 Lead Inspector 3980 243.00$ 967,140$ 20 40 120 120 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 120 120 80 Inspector 0 233.00$ -$ 0000000000000000000000000 Elect/Controls/PCSI 720 265.00$ 190,800$ 10 10 16 16 16 20 20 40 40 40 40 20 20 24 24 24 24 24 40 40 40 24 24 24 40 20 20 20 Technical Advisor 16 325.00$ 5,200$ 000000000000000000000000000088 14,776 Project Total: 3,641,514$ 272 104 72 80 64 178 238 324 420 460 464 516 536 536 544 544 524 512 528 516 528 516 528 568 556 588 560 500 480 488 500 420 308 406 398 TPI Labor Total: $ 3,574,348
Subconsultant Labor Subtotal: $ 67,166
Mark Up (10%): $ 6,717
Subconsultant Labor Total: $ 73,882
Inspector Vehicle ($1,200/mo x 30 mo) 36,000$
Project Total Fee: $ 3,684,230

10. Inspector hourly rates are subject to California prevailing wage provisions.

6. The City of Pittsburg identified the po ssibility of using office space at the treatment plant. No costs for office space or a construction trailer are included in this proposal. The leasing of office space or renting of a trailer would be an additional cost that would include a standard mark-up of 10%.

Total Hours:

9. Services for coating inspections, provided by Bay Area Coatings, Inc. (BACC), can be made available at the City of Pittsburg's request. Hourly rates for coatings inspections shall be as follows: Reg: $115.20, OT: $162.50, Weekend: $191.00, Vehicle: $10.30, with a 4% escalation applied June 2024 and June 2025.

7. The hours shown for the two (2) inspectors are intended to provide coverage of the construction contractor's operations, ba sed on the assumption that multiple shifts will be required during shutdowns.

8. Abbreviations: "Offline Cx" is Offline Commissioning and "O nline Cx" is Online Commissioning.

1. Start of Services: November 1, 2023.

3. Budget is based on 2023-24 Billing Rates that will remain constant for the full period of Contract.

4. The proposed budget is based on a 30 month time frame specified within the RFP. Should the contract run longer or more effort be required, TPI and subs labor will be billed on a Time & Material basis in accordance with the current TPI rate sheet.

5. TPI rates include normal operating and office expenses such as telephone, computers, in-house reproduction., etc..

2. Start of Task 2 - Construction Phase CM Services: April 1, 2024. This is based on Notice to Proceed (NTP) for the construc tion contract.

Notes and Assumptions:

Classification/Service
20262023 2024 2025
November 6, 2023

DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 252
Consulting Services Agreement between
City of Pittsburg and Tanner Pacific, Inc.

November 6, 2023

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.

Tanner Pacific, Inc.

By:

CEO:
2784980.1
William Tanner, PE
DocuSign Envelope ID: D312C9F3-411B-4F5B-844C-73DD75DF6038 253

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 Execution of a Contract with Western States Oil for Bulk Gasoline Services MEETING DATE: November 6, 2023

EXECUTIVE SUMMARY
The City has various departments that require large quantities of fuel to carry out their responsibilities to maintain operations. Staff recommends authorizing execution of a fuel supply contract pursuant to an exception in the purchasing policy. If approved, the resolution will authorize a contract with Western States Oil of San Jose for a period of one year.

FISCAL IMPACT
Funding for Bulk Gasoline Services is available in the Fleet Maintenance and Marina Operations accounts. The contract amount includes $450,000 for Public Works and $600,000 for Marina Operations. The adopted Fiscal Year 2023/24 operating budget has sufficient funds for this agreement and no additional funds are being requested.

RECOMMENDATION
City Council adopt the attached resolution authorizing execution of a contract with Western States Oil for bulk gasoline services.

BACKGROUND
The Public Works Department is responsible for the operations and maintenance of the City’s vehicle and equipment fleet of predominantly gas-powered cars, trucks, and other equipment, including generators for the City’s water system. In addition, the City is responsible for marina operations, requiring large quantities of fuel to carry out their responsibilities, including fuel for the operation of fleet vehicles and resale at the Marina.

Staff previously conducted a competitive public bid process to establish the rate for purchasing bulk gasoline in the form of Cost per Gallon plus a mark-up for delivery, overhead, and other costs. Vendors are required to obtain and deliver fuel supplied by the 254
“Rack Supplier” with the lowest price currently available. Cost proposals from vendors generally give a price that is plus or minus the “rack” rate over the lowest available price, and the City pays the combined total per gallon. Western States Oil was the lowest, responsive, responsible bidder. The current contract with Western States expired on October 1, 2023.

Project 3118 Corporation Yard Fueling System Replacement was approved by City Council on September 19, 2022 (Resolution No. 22-14167). The project is currently in progress.

Fuel tanks at the Corporation yard have been removed, while the new tank is projected to be installed during Fiscal Year (FY) 2023/24. In addition, unlike prior years, the City cannot have a regular schedule of deliveries since the tank project is ongoing. Staff recommends entering into a contract with Western States Oil for a period of one year, while Project 3118 is completed, in compliance with an exception in the Purchasing Policy. The negotiated price with Western States Oil is competitive and fair market value as evidenced in Santa Clara County’s most recent bid documentation for bulk fuel purchasing. Although another supplier was the lowest bidder by a fraction of a penny, Western States Oil offered customers matching prices specified by the winning supplier.

If adopted, the resolution would authorize the City Manager to execute a contract for bulk gasoline services pursuant to an exception in the purchasing policy, without a competitive bid process, for a period of one year.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Western States Oil has provided satisfactory service delivering renewable diesel to city facilities for several years. Western States Oil has been supplying fuel to the City since the start of Project 3118 and is familiar with the variabilities that occur in quantity and frequency of deliveries. The negotiated price is fair market, as evidenced by the price obtained by Santa Clara County.

Staff recommends the City Council authorize the City Manager to execute a contract with Western States Oil for bulk gasoline services in the amount of $1,050,000 for a period of one year.

ATTACHMENTS: Resolution
Western States – City of Pittsburg Agreement
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst II 255
Resolution No. 23- Page 1 of 2 November 6, 2023

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

Authorizing Execution of a Contract with )
Western States Oil for Bulk Gasoline ) RESOLUTION NO. 23- Services )
WHEREAS, the City requires large quantities of fuel to carry out their responsibilities to maintain operations; and,
WHEREAS, Western States Oil has provided satisfactory services in delivering renewable diesel to City facilities for several years; and WHEREAS, staff previously conducted a competitive public bid process and Western States Oil was the lowest, responsive, responsible bidder; and WHEREAS, the negotiated price with Western States Oil is fair market value as evidenced by the price obtained by the County of Santa Clara; and WHEREAS, the current contract with Western States Oil expired on October 1, 2023; and
WHEREAS, Project 3118 Fueling System Replacement is in progress precluding the City from a regular schedule of deliveries; and
WHEREAS, Western States Oil has been supplying fuel to the City since the start of Project 3118 and is familiar with the variabilities that occur in quantity and frequency of deliveries; and
WHEREAS, staff recommends authorizing execution of a contract for bulk gasoline services for a period of one year with Western States Oil; and WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14317, which approved funding for gasoline fuel purchases for Fleet Maintenance and Marina as a part of the Fiscal Year 2023/24 Operating Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract with Western States Oil in the amount of $1,050,000.
256
Resolution No. 23- Page 2 of 2 November 6, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
257
1 CONTRACT WITH WESTERN STATES OIL
FOR

BULK GASOLINE SERVICES

THIS Contract (“Contract”) for supplying bulk gasoline fuel is made by and between the City of Pittsburg (“City”) and Western States Oil, a California limited liability company (“Vendor”) (together referred to as the “Parties”) as of October 1, 2023 (the “Effective Date”).

1. SCOPE OF WORK
Vendor shall supply BULK GASOLINE from October 1, 2023, through October 1, 2024. The VENDOR will be respo nsible for supplying fuel on a “keep -full” basis and delivering bobtail or truck and trailer loads to three (3) City locations as listed below:

Marina, 51 East Marina Blvd., Pittsburg, CA
Environmental Center, 2581 Harbor St., Pittsburg, CA

The fuel types for each location listed above are as follows:

LOCATION FUEL TYPE
Marina 87-OCTANE, 91-OCTANE Environmental Center 87-OCTANE

EXCEPTIONS: The Marina will be an exception to the “keep -full” requirement.

Fuel services at this location will be purchased by Marina staff on an “as-needed” basis.

Monitor: The V endor shall mo nitor all tank locations on a “keep -full” basis, deliver fuel and perform services to ensure adequate fuel at all times , with the exception of the Marina location. If, a t any time, the Vendor has reason to believe the delivery wi ll not be made, immediate not ification must be made to Public Works (925) 252-4936.

Delivery: The Vendor shall make delivery to all locations during regular business hours, excluding holidays, Monday through Friday, 7:00 AM to 3:00 PM. All documents, i.e., packing slip and daily rack sheet will be furnished to the City at the time of delivery and must be approved (signed) by an authorized person. The City will not accept any delivery without a copy o f the daily rack sheet.

DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 258
2 Delivery Locations and quantity shall be as follows:

LOCATION TANK CAPACITY ANNUAL AVG USE
Environmental Center *900 GAL 100,000 GAL
2581 Harbor St.

Contact: Bryan Ballardo 87-Octane
(925)252-4936
*New tanks will be i nstalled at this location in 2023/2024 . Tank Capacity and amount of gasoline per delivery are subject to change.

Harbor/Marina 10,000 GAL 82,000 GAL
51 Marina Boulevard **(6,000 GAL 87-Octane, 4,000 GAL 91-Octane) Suite E
Contact: 87-Octane 89,000 GAL
(925)252-4958 91-Octane 30,000 GAL
**Split capacity of tank

The City is exempt from Fed eral Excise Tax and an exemption form will be issued to the successful proposer(s) after award of the contract.

If replenishment is for a truck and trai ler quantity to be delivered to a truck and trailer location and the successful bidder elects to make d elivery in a vehicle of lesser capacity, he/she shall not charge more than the truck and trailer prices.

Only products of new manufacturer or distillati on will be accepted. No reclaimed products will be accepted. Products shall be seasonal blend with ap propriate vapor pressures.

All deliverie s shall be F.O.B. destination to delivery locations as required. No delivery charges shall be made.

During t he performance and upon completion of the services, the Vendor will ensure and leave the area clean and free of spillage and/or debris caused by t he service.

2. PRICE

Oil Price Information Service (OPIS) San Jose Daily Rack Average Price plus $.19354

The total compensation from October 1, 2023 to October 1, 2024 shall not exceed $1,050,000.00.

INVOICES
Invoices submitted by the Vendor for payment must reflec t the established purchase order number, requestor name and location, packing slip and daily rack DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 259
3 sheet. Marina invoicing must include all proper pre -pay ta xes and appropriate governmental fees associated with fuel purchases for resale to recreational boating public. Invoices contrary to this policy will be returned to the Vendor.

Payment will be made thirty (30) days after receipt of an accurate and true invoice.

Price must set forth a differential (+-) to the OPIS (Oil Price Information Service) daily rack average for San Jose for the type of fuel requested. The quoted adjustment is to include all delivery, handling or other vendor related charges.

The differential shall remain firm for the term of the Contract.

Invoice prices are t o be the daily OPIS daily rack average for the San Jose area +or- vendor quoted differential. Payment is made within 30 days after approved invoices have been received.

Vendor shall supply a copy of the OPIS daily rack average report for any give n time period during the term of the contract for pricing verification purposes.

Marina deliveries will include the daily rack price per delivery so as to a llow the Marina to get the retail price adjustment. If rack price is not available at the time of delivery, it must be supplied by the end of the delivery day.

Vendor shall pass along any and all rebates, allowances, or other price reduction incentives being offered, including any pass through incentives from refineries.

The Vendor agrees to receive and accept the prices shown as full compensation for furnishing all the materials and for doing all work contemplated and embraced in the order; also or all loss or damage arising out of the nature of the work aforesaid, or from the action of all elements, or from any unforeseen difficulties or obstructions which m ay arise or be encountered in the prosecution of work until its acceptance by the City, and for a ll risks of every description connected with work; also for all expenses incurred by or in conseque nce of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner according to the requir ements of the City’s inspection.

3. MATERIAL SAFETY DATA SHEETS
Vendor shall submit copies of the products’ current Material Safety Data Sheets (MSDS) to the City prior to commencement of deliveries.

4. FUEL TYPES
Vendor guarantees the Unleaded Gasoline Grades 87 -Octane and 91-Octane meet State of California Specifications and CARB Regulations. It is the Contractor’s respons ibility to ensure continued compliance with Federal, State DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 260
4 and Local gu idelines, regulati ons or requirements throughout the term of the Contract.

5. ASSIGNMENT OF RIGHTS OR OBLIGATIONS.

Except as noted hereunder, Vendor shall not assign, transfer or sell any rights or obligations resultin g from this solicitation without first obtaining the specific written consent of the City of Pittsburg.

6. ATTORNEY FEES
In the event a suit or action is instituted in connection with any controversy arising out of this cont ract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney’s fees and costs.

7. AUTHORITY OF THE CITY OF PITTSBURG
Subject to the power and authority of the City of Pittsb urg as provided in this contract, the City of Pittsburg shall in all cases determine the work, materials and supplies for which payment is to be made under this contract.

8. CANCELLATION OF THE CONTRACT
Without cause, the City of Pi ttsburg may cancel thi s c ontract at any time with thirty (30) day’s written notice to the supplier/contractor. With cause, the City of Pittsburg may cancel this contract at any time with ten (10) day’s written notice to the Proposer. Cancellation for cau se shall be at the dis cretion of the City of Pittsburg and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The success ful Proposer may not cancel this contract without prior writt en consent of the City Manager, City of Pittsburg.

9. COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE
PRACTICE ACT. Vendor agrees in accordance with Section 1735 and 1777.6 of California Labor Code, and the California Fai r Employment Practice Act (Sections 1410 -1433) that in the hiring of common or skilled labor for the performance of any w ork under this contract, or any subcontract hereunder, no Contractor, material supplier or vendor shall, by reaso n of race, color, nati onal origin or ancestry, or religion, discriminate against any person who is qualified and available to perform the work to which such employment relates.

10. COMPLIANCE WITH LAWS
Vendor shall comply with current federal, state, local and other laws applicable to the performance of this Contract.

11. CONTRACT INCORPORATION
This Contract embodies the entire contract between the City of Pittsburg and the Vendor. The parties shall not be bound by or be liable for any statement, DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 261
5 representation, promise, induc ement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The co mplete Contract shall include any required bond(s), purchase order and any written agreement which alter, amend or extend the contract. In th e event of any inconsistency between this Contract and a purchase order, the terms of this Contract shall govern.

12. FORCE MAJEURE
If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and with out fault or negligence of the Vendor, the Vendor shall notify the City of Pittsburg, in writing, within t wenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, and acts of any gove rnmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather.

13. LAWS GOVERNING CONTRACT
This Contract shall be in accordance with the laws of the State of California. The parties stipulate that this contract was entered into the County of Contra Costa, in State of California. The parties further stipulate that the County of Contra Costa, California, shall be the forum for any litigation resulting from a breach of this Contract.

14. SEVERABILITY
If any provisions or portion of any provision, of this Contract are held invalid, illegal or unenforce able, they shall be se vered from the Contract and the remaining provisions shall be valid and enforceable.

15. INDEMNIFICATION
The Vendor shall indemnify, defend and hold harmless City against and from any and all claims or suits for damages or injury arising from Vendor’s performance of this agreement or from any activity, work, or thing done, permitted or suffered by Vendor in conjunction with the performance of this contract, and shall further indemnify, defend and hold harmless City against and from any all claims or suits arising from any breach or default of any performance of any obligation of Vendor hereunder, and against and from all costs, attorney’s fees, expenses and liabilities related to any claim or any action of procee ding brought within the scope of this indemnification.

16. CONTRACTOR’S/VENDOR’S LICENSING LAWS
For the duration of the Contract, Vendor shall be licensed in accordance with the state and federal law, in cluding the Department of Transportation . Failure to comply with this prov ision shall subject Vendor to the penalties imposed by such laws.

DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 262
6 17. BUSINESS LICENSE
If the scope of work in this Contra ct includes performing services or installation on City of Pittsburg property, the Vendor must obtain a City of Pittsburg Business License upon execution of this contract.

18. PERMITS OR LICENSES
The Vendor shall procure all permits and licen ses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

19. CLEANUP COST
All compensation paid to Vendor by City shall include costs for cleanup during performance and upon completion of work on this project.

20. COOPERATION BETWEEN VENDORS
The City of Pittsburg reserves the right to contract for and perform other or additional work on or near the work covered by th is Contract. When separate contracts are let within the limits of any one project, each Vendor shall conduct his or her work so as not to interfere with or hinder the progress or completion of the work b eing performed b y other Vendors. Vendors working on the same project shall cooperate with each other as directed. Each Vendor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and save h armless the City of Pittsburg from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him or her because of the presence and operations of other Vendors working within the limits of the same project.

21. COORDINATION WITH AGENCIES
Vendor shall coordinate its activities with the proper regulatory agencies and have its representative on site at the proper times.

22. DAMAGE
The Vendor shall be held responsible for any breakage, loss of the Cit y’s equipment or supplies throu gh negligence of the Vendor or his or her employee while working on the City of Pittsburg’s premises. The Vendor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged.

The Vendor shall immediately report to the City of Pittsburg any damages to the premises resulting from services performed under this contract. Failure or refusal to promptly restore or replace such damaged property will be a breach of this contract.

23. EXCUSED FOR NON-PERFORMANCE
Either party shall be absolved from its obligations under this contract when and to the extent that performance is delayed or prevented (and in the City of Pittsburg’s DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 263
7 case when and to the extent that its needs for the articles, materials or work to be supplied hereunder is red uced or eliminated) by reasons of acts of God, fire, explosion, war, riots, strikes, labor disputes, or governmental laws, orders or regulations.

24. DEFAULT
If Vendor or Sub -vendor shall breach any provisions hereof or sh all become insolvent, enter voluntary or involuntary bankruptcy or receivership proceeding or make an assignment for the benefit of creditors, the City of Pittsburg shall have the right (without limiting any other rights or remedies which it may have hereunder or by operation of law) to t erminate this contract by written notice to Vendor whereupon the City of Pittsburg shall be relieved of all further obligation hereunder except the obligation to pay the reasonable value of Vendor’s prior performance (at not exceeding the contract rate), a nd Vendor shall be lia ble to the City of Pittsburg for all costs incurred by the City of Pittsburg in completing or procuring the completion of performance in excess of the contract price herein specified. The City of Pitts burg’s performance in excess of the contract price herein specified. The City of Pittsburg ’s right to require strict performance of any obligation hereunder shall not be affected by any previous waiver, forbearance or course of dealing. Time is of the es sence hereof. Unless otherwise provided herein or req uired by law, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with r espect to, or measured by the ar ticles sold or materia l or work furnished hereunder on the wages, salaries or other remunerations paid to person s employed in connection with the performance of this contract; and Vendor shall indemnify and hold harmless the City of Pittsburg from any liab ility and expense by r eason of Vendor’s failure to pay such taxes or contributions.

25. INSURANCE REQUIREMENTS
On execution of the Contract, Vendor must PROVIDE the City of Pittsburg w ith the Certificates of Insurance proving coverage as specified and nam ing the Additional Ins ured by endorsement. Failure to furnish the required certificates within the time allowed may result in withdrawal of the award.

(a) Indemnification:

(i.) VENDOR agrees to accept all responsibility for loss or damage to any pers on or entity, and to d efend, indemnify, hold harmless and release the CITY OF PITTSBURG , its officers, agents and employees, from and against any and all actions, claims, damages, disab ilities or expenses including attorney’s fees and witness costs that ma y be asserted by an y person or entity, arising out of or in connection with the tortious acts or errors or omissions of VENDOR hereunder, whether or not there is concurrent passive or a ctive negligence on the part of the CITY OF PITTSBURG , but excluding li ability due to the sol e negligence or DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 264
8 willful misconduct of CITY OF PITTSBURG. This indemnification obligation is not limited in any way by an y limitation on the amount of type of dama ges or compensation payable to or for VENDOR or its agents under worker ’s compensation acts, disability benefits acts, or other employee benefits acts.

(ii.) VENDOR shall be liable to the CITY OF PITTSBURG for any loss or damage to CITY OF PITTSBURG property arising from or in connection with VENDOR’S performance hereunder. With respect to the performance of work under this Agreement, VENDOR shall maintain and shall require all of its sub -vendors to maintain insurance as described below.

(b) Worker’s c ompensation insurance with statutory limits as required by the Labor Co de of the State of Cal ifornia. Said policy shall be endorsed with the following specific language: This policy shall not be canceled or materially changed without first giving (30) da ys prior written notice to the CITY OF PITTSBURG.

(c) Commercial or C omprehensive General L iability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $ 2,000,000 combined single limit for e ach occurrence and $ 4,000,000 in the aggregate. Said insurance shall i nclude, but not be lim ited to: premises and operations liability, independent contractor’s liability, and personal injury liability.

(d) Automobile liability insurance covering bodil y injury and property damage in an amount no less than $1,000,000 combi ned single limit for e ach occurrence.

Said insurance includes coverage for owned, hired, and non-owned vehicles.

(e) Ea ch said comprehensive or commercial general liability and automob ile liability insurance policy shall be endorsed with the following specific language:

(i.) CITY OF PITTSBURG , its officers and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Contract.

(ii.) The inclusion of more tha n one insured shall no t operate to impair the rights of one insured against another, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the com pany’s liability.

(iii.) The insurance provided herein is primary coverage to CITY OF PITTSBURG with respect to any insurance or self -insurance programs DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 265
9 maintained by the CITY OF PITTSBURG and no insurance held or owned by CITY OF PITTSBURG shall be called upon to contribute to a loss.

(iv.) This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to CITY OF PITTSBURG.

(f) Professional liability (Errors and Omissions) Ins urance for all activit ies of the VENDOR arising out of or in connection with this Agreement is an amount no less than $500,000 combined single limit for each occurrence endorsed with t he following specific language: “This policy shall not be canceled or m aterially changed with out first giving thirty (30) days prior written notice to CITY OF PITTSBURG.”

(g) DOCUMENTATION: The following documentation shall be submitted to the City of Pittsburg.

(i.) Properly executed Certificates of Insurance clearly e videncing all coverage’s, limits, and endorsements required above. Said certificates shall be submitted prior to the execution of this Agreement.

(ii.) Signed copies of the specifi ed endorsements for each policy. Said endorsement copies shall be submitted within thirty (30) days of execution of this Agreement.

(iii.) Upon CITY OF PITTSBURG’S written request, certified copies of insurance policies. Said policy copies shall be submitted within thirty (30) days of CITY OF PITTSBURG’S request.

(h) Policy Obligations: VENDOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements.

26. PREVAILING WAGES
Vendor shall pay not less than the said prevailing rates of wages to all workers employed by him in the performance of the contract. Pursuant to provisions of Section 1770, et seq., of the Labor Code o f the State of California, the Ve ndor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations.

27. PROTECTION OF PUBLIC
Adequate warning devices, barricades, guards, flagmen, or other necessary precautions sha ll be taken by the Vendor to give advice and reasonable protection, safety and warning to persons and vehicular traffic concerned in t he area.

28. REJECTION OF WORK
DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 266
10 Vendor agrees that the City of Pittsburg has the right to make all final determinations as to whether the work has been satisfactorily completed.

29. INDEPENDENT CONTRACTOR
The Vendor is an independent contractor retained by the City to perform the work described herein. All pers onnel employed by the Vendor, including Sub-vendors and personnel of said Sub-vendors approved by the City, are not and shall not be deemed to be employees or agents, including the provision of Work er’s Compensation. The City shall not, under any circumst ances, be liable to Vendor for any person or persons acting for him/her for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken to this agreement.

30. GUARANTEE
Vendor performing work shall guarantee that the work meets the requirements as set forth herein.

31. SAFETY
All equipment and materials shall comply with Federal, State and Local safety rules and regulations including OSHA.

32. ATTORNEY’S FEES
In the event that it becomes necessary for either pa rty to bring a lawsuit to enforce any of the provisions of this contract, the parties agree that a court of competent jurisdiction may determine and fix a reasonable attorney ’s fee to be paid by the prevailing party.

The Parties have executed this Contract as of the Effective Date.

CITY OF PITTSBURG WESTERN STATES OIL

____________________________ ______________________________ Garrett Evans, City Manager Robin Jackson, Director of Sales

Approved as to Form:

____________________________
Donna Mooney, City Attorney

DocuSign Envelope ID: 183AF834-BA18-41F0-85AA-87088332F975 10/17/2023
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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 Accepting the Plans and Specifications, Allocating Additional Funds, and Awarding Project 5080—HDPE Water Main Reducer Emergency Repair
MEETING DATE: November 6, 2023

EXECUTIVE SUMMARY
Project, 5080—HDPE Water Main Reducer Emergency Repair (the “Project”) will repair a section of water main pipe that failed at a transition from a 20” ductile iron valve to an 18” HDPE main at the intersection of Buchanan Road and Quercus Lane. If adopted, this resolution will accept the project plans and specifications, allocate additional funds, and authorize the City Manager to award a construction contract to Gold Coast Pipelines, Inc.

FISCAL IMPACT
The proposal from Gold Coast Pipelines, Inc. is $84,810. Funding for construction will be provided by the $65,300 of Water Operations Funds previously allocated to the Project with the adoption of the 5-Year Capital Improvement Program (Resolution No. 23-14318) and the additional $44,700 of Water Operations Funds allocated with this Resolution.

If approved, the total project budget will be $110,000.

The Budget Summary is attached to this report.

RECOMMENDATION
City Council adopt the attached Resolution to accept the plans and specifications, allocate an additional $44,700 of Water Operations Funds, and award a contract with Gold Coast Pipelines, Inc. in the amount of $84,810 for construction of the Project.

Staff recommends that the City Council allocate a construction contingency of $8,500 for any unanticipated costs and contract change orders.
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Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.

BACKGROUND
On June 19, 2023, the City Council adopted Resolution No. 23-14318 adopting the 5-year Capital Improvement Program, and allocating $65,300 from Water Operations Funds to the Project.

On July 24, 2023, staff advertised the project for construction bids.

On Tuesday, August 8, 2023, construction bids were received and Gold Coast Pipelines, Inc. was the lowest responsive, responsible bidder with a base bid of $84,810.

Staff received one bid proposal for project construction. The bid has been checked for arithmetical errors, completeness, and conformance with the bid requirements.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
An HDPE reducer was used to transition a 20” valve to the 18” HDPE main and the break occurred where the reducer fused to a short section of 18” HDPE main. This reduction point is an area of higher pipe pressure and potential turbulent flow, especially if the internal beads at the fused pipe joints remained in place.

The water main is currently non-operational, leaving the water delivery system vulnerable in the event of another water break. To restore the looped water system in this area it is important that the broken water main reducer is repaired with this Project.

To repair this failed section of pipe this Project will install a ductile iron reducer and replace 18 feet of 18” HDPE with one section of 16” ductile iron pipe to shift the transition from ductile iron pipe to HDPE downstream of the reducer, where flow can be more laminar.

ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Gabriel Piña, Associate Engineer
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Resolution No. 23- Page 1 of 2 November 6, 2023

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

Accepting the Plans and Specifications )
Allocating Additional Funds and )
Awarding a Contract for Project 5080, ) RESOLUTION NO. 23- HDPE Water Main Reducer Emergency )
Repair )
WHEREAS, Project 5080—HDPE Water Main Reducer Emergency Repair (the “Project”) will repair a section of water main pipe that failed at a transition from a 20” ductile iron valve to an 18” HDPE main; and
WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14318 adopting the 5-Year Capital Improvement Program allocating $65,300 to the Project; and WHEREAS, on July 24, 2023, staff advertised the Project for bids; and WHEREAS, on August 8, 2023, Project construction bids were received and Gold Coast Pipelines, Inc. was the lowest responsive, responsible bidder with a base bid in the amount of $84,810; and
WHEREAS, staff recommends that the City Council accept the plans and specifications; and
WHEREAS, staff recommends that the City Council allocate an additional $44,700 from Fund 501, Water Operations Fund; and
WHEREAS, staff recommends that the City Council award a contract with Gold Coast Pipelines, Inc. in the amount of $84,810 for the construction of the Project; and WHEREAS, staff further recommends establishing a construction contingency in the amount of $8,500 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.
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Resolution No. 23- Page 2 of 2 November 6, 2023 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the plans and specifications, allocates an additional $44,700 from Fund 501, Water Operations Fund, and awards a construction contract with Gold Coast Pipelines, Inc. Be it further resolved, that the City Council authorizes a construction contingency in the amount of $8,500, authorizes the City Engineer or his designee to approve contract change orders for this Project for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
271
Budget Summary
Project 5080 — HDPE Water Main Reducer Emergency Repair Project Funding
Water Operations Fund (Reso 23-14318) $65,300
Water Operations Fund $44,700
Funding Total $110,000
Project Expenditures:
(Code 2122) Design Consultant $5,240
Subtotal $5,240
Miscellaneous:
(Code 1399) Advertising $750
Subtotal $750
Construction: Construction $84,810
Construction Contingency $8,500
Subtotal $93,310
Staff Time:
(Code 1101) Staff Costs $5,350
Subtotal $5,350
Admin:
(Code 2372) Overhead Costs $5,350
Subtotal $5,350
Estimated Total Expenditures $110,000
272

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 Fifth Amendment to the Exclusive Negotiating Rights Agreement (ENRA) with Discovery Builders, Inc. for Development at Stoneman Park
MEETING DATE: November 6, 2023

EXECUTIVE SUMMARY
On December 15, 2008, the City Council adopted Resolution No. 08-11133, approving an ENRA between the City and Discovery Builders, Inc. (the “Developer”) to evaluate the potential for development of City-owned property in the area of Stoneman Park, at the southern terminus of John Henry Johnson Parkway (“Property”). This Fifth Amendment would extend the ENRA term for 20 years from the date of execution in order to allow both parties additional time needed to study the development potential of the Property and evaluate a potential exchange of land, as well as possible necessary interaction with the Department of General Services.

FISCAL IMPACT
There is no fiscal impact to the General Fund budget with the extension of this Fifth Amendment to the ENRA. City staff and legal costs incurred as a result of further negotiation under the ENRA will be reimbursed by the developer in accordance with the terms of a Reimbursement Agreement executed between the City and Developer on March 5, 2010.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving the Fifth Amendment to the ENRA to extend the ENRA term for 20 years from the date of the Fifth Amendment execution.
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BACKGROUND
The City of Pittsburg currently owns a significant amount of vacant and underutilized land at the in the Stoneman Park area, at the southern terminus of John Henry Johnson Parkway, generally comprised of undeveloped open space with hiking trails, as well as a small model airplane field and an approximately 0.5-acre facility for firearms training and non-firearms training of public safety officers.

The subject property was conveyed to the City of Pittsburg by the federal government in the 1960s. Within the conveyance document is a stipulation that the property be used for recreational/open space purposes. If the City or a third party wish to develop a portion of the restricted property for residential purposes, the City must identify, and the U.S. Department of General Services must approve, a plan for mitigating the loss of recreational land.

On December 15, 2008, by adoption of City Council Resolution No. 08-11133, the City and Discovery Builders, Inc., entered into a 36-month ENRA for proposed residential development on the subject properties. On December 19, 2011, the Council adopted Resolution No. 11-11749, extending the ENRA to December 15, 2014, and making other minor amendments. On November 17, 2014, the Council adopted Resolution No. 14-12293, extending the ENRA to December 15, 2017. On August 21, 2017, the City Council adopted Resolution No. 17-13366, extending the ENRA to December 15, 2020, and specifying the parcels under consideration. On December 16, 2019, the City Council adopted Resolution No. 19-13734, approving the Fourth Amendment to the ENRA and extending the term of the ENRA from twelve years to fifteen years.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
This Fifth Amendment would extend the ENRA term for 20 years from the date of execution of the Amendment, and also allow the City Manager to approve a one-time, six-month extension. This request is being made in order to afford additional time to complete environmental review, negotiate land exchange requirements with the Department of General Services, as well as to continue to negotiate the terms of a development agreement that would facilitate the fulfillment of the stated ENRA objectives. This Fifth Amendment would also better define the term “Agreement,” as it is used within the ENRA.

ATTACHMENTS:

1. Resolution

2. Proposed Fifth Amendment to the ENRA

3. ENRA (with previous amendments)
Report Prepared By: Jordan Davis, Director of Community and Economic Development 274
Resolution No. 23- Page 1 of 2 November 6, 2023

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

Approving the Fifth Amendment to the )
Exclusive Negotiating Right Agreement ) RESOLUTION NO. 23- with Discovery Builders, Inc., for )
Development at Stoneman Park )
WHEREAS, the City of Pittsburg wishes to further the development of quality residential development throughout the City; and

WHEREAS, there is significant undeveloped land around Stoneman Park, specifically at the southern terminus of John Henry Johnson Parkway; and WHEREAS, on December 15, 2008, the City Council adopted Resolution No. 08-11133, approving an Exclusive Negotiating Rights Agreement (ENRA) between the City and Discovery Builders, Inc. (“Developer”), in an effort to determine the suitability of exchanging developable property around the Delta View Golf Course for parkland areas in the Southwest Hills subarea of Pittsburg; and
WHEREAS, on December 19, 2011, the City Council adopted Resolution No. 11-11749, approving the First Amendment to the ENRA extending the term of the ENRA from three years to six years and approving minor clarifications regarding the requisite pro forma submittal and the disposition of the Good Faith Deposit established by the original ENRA; and
WHEREAS, on November 17, 2014, the City Council adopted Resolution No. 14-12293, approving the Second Amendment to the ENRA and extending the term of the ENRA from six years to nine years; and
WHEREAS, on August 21, 2017, the City Council adopted Resolution No. 17- 13366, approving the Third Amendment to the ENRA and extending the term of the ENRA from nine years to twelve years in order to afford additional time to complete environmental review, negotiate land exchange requirements with the Department of General Services, as well as to continue to negotiate the terms of a development agreement that would facilitate the fulfillment of the stated ENRA objectives; and WHEREAS, on December 16, 2019, the City Council of the City of Pittsburg adopted Resolution No. 19-13734, approving the Fourth Amendment to the ENRA and extending the term of the ENRA from twelve years to fifteen years in order to afford additional time to complete environmental review, negotiate land exchange requirements with the Department of General Services, as well as to continue to negotiate the terms of a development agreement that would facilitate the fulfillment of the stated ENRA objectives; and
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Resolution No. 23-_____ Page 2 of 2 November 6, 2023 WHEREAS, the City and the Developer have determined that their mutual interests would be best served by amending the ENRA to further extend the negotiating period in order to allow both parties additional time needed to study the development potential of the Property and evaluate a potential exchange of land, as well as possible necessary interaction with the Department of the General Services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the Fifth Amendment to the ENRA between the City and the Developer and authorizes the City Manager to execute the ENRA Amendment on behalf of the City Council.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
276
FIFTH AMENDMENT TO ENRA Page 1 of 8 November 7, 2023

STONEMAN PARK

FIFTH AMENDMENT TO THE

EXCLUSIVE NEGOTIATION RIGHTS AGREEMENT
THIS FIFTH AMENDMENT (“Fifth Amendment”) to the 2008 Exclusive Negotiating Rights Agreement (the “ENRA”) between the CITY OF PITTSBURG , a municipal corporation (the “City”), and DISCOVERY BUILDERS, INC., a California corporation (the “Developer”), is made and entered into as of November 7, 2023, by and between the City and Developer on the terms and conditions set forth below.

WHEREAS, on December 15, 2008, the City Council of the City of Pittsburg adopted Resolution No. 08-11133, approving the ENRA in an effort to determine the suitability of exchanging developable property around the parkland areas in the Southwest Hills subarea of Pittsburg; and
WHEREAS, on December 19, 2011, the City Council of the City of Pittsburg adopted Resolution No. 11-11749, approving the First Amendment to the ENRA extending the term of the ENRA from three years to six years and approving minor clarifications regarding the requisite pro forma submittal and the disposition of the Good Faith Deposit established by the original ENRA; and
WHEREAS, on November 17, 2014, the City Council of the City of Pittsburg adopted Resolution No. 14-12293, approving the Second Amendment to the ENRA and extending the term of the ENRA from six years to nine years; and WHEREAS, on August 21, 2017, the City Council of the City of Pittsburg adopted Resolution No. 17-13366, approving the Third Amendment to the ENRA and extending the term of the ENRA from nine years to twelve years in order to afford additional time to complete environmental review, negotiate land exchange requirements with the Department of General Services, as well as to continue to negotiate the terms of a development agreement that would facilitate the fulfillment of the stated ENRA objectives; and
WHEREAS, on December 16, 2019, the City Council of the City of Pittsburg adopted Resolution No. 19-13734, approving the Fourth Amendment to the ENRA and extending the term of the ENRA from twelve years to fifteen years in order to afford additional time to complete environmental review, negotiate land exchange requirements with the Department of General Services, as well as to continue to negotiate the terms of a development agreement that would facilitate the fulfillment of the stated ENRA objectives; and
WHEREAS, the City and the Developer have determined that their mutual interests would be best served by amending the ENRA to further extend the negotiating period in order to allow both parties additional time need to study the development potential of the Property and evaluate a potential exchange of land, as well as possible necessary interaction with the Department of the General Services. 277
FIFTH AMENDMENT TO ENRA Page 2 of 8 November 7, 2023

STONEMAN PARK
NOW, THEREFORE, Consultant and City do mutually agree as follows:

1. Existing Exclusive Negotiating Rights Agreement. The City and Developer entered into an ENRA on December 15, 2008, as subsequently amended. The ENRA relates to certain real property in the City limits commonly known as the Pittsburg Stoneman Park referenced in this Fifth Amendment to the ENRA and generally depicted in Exhibit “A” attached thereto (hereafter referred to as the “Property”). The Property is located south of West Leland Road and John Henry Johnson Parkway and consists of significant undeveloped property.

2. Negotiating Period. Section 1.2 of the ENRA is amended to read as follows:

The negotiating period under this ENRA (the “Negotiating Period”) shall be twenty (20) years from the date of this ENRA, subject to extension as provided below. If, during the Negotiating Period, negotiations with the Developer have progressed sufficiently to the point where there is a draft Agreement (as further clarified below) that, in the judgment of the City Manager, warrants initiation or continuation of the environmental review process required by the California Environmental Quality Act (“CEQA”), then the City Manager may grant one extension of the Negotiating Period, but in no event shall such extension exceed six (6) months. The Developer understands that such extension in no way obligates the City to approve an Agreement at the end of the environmental review process.

3. Agreement. The Parties have also determined that clarification is needed of the language in the ENRA related to the term “Agreement”. To this end, Recital C of the December 15, 2008, ENRA is amended as follows:

C. The City has selected the Developer as the master developer with which to negotiate terms for development of the Project. The purpose of this ENRA is to establish procedures and standards for the negotiation by the City and the Developer of an agreement allowing for the acquisition by Developer of the Property and/or an agreement to exchange the Property for undeveloped lands owned by the Developer (the “Agreement”). As more fully set forth in Section 4.1, this ENRA in itself does not obligate the City to sell the Property or any portion thereof to the Developer, nor does this ENRA grant the Developer the right to purchase or develop the Property.

4. Continued Applicability of the ENRA. Except as specifically set forth herein, the ENRA shall continue in full force and effect.

5. Effective Date. This Fifth Amendment shall be effective as of the date first written above.
278
FIFTH AMENDMENT TO ENRA Page 3 of 8 November 7, 2023

STONEMAN PARK
WHEREFORE, the Parties have executed this Fifth Amendment to the ENRA on or as of the date first written above.

CITY:

CITY OF PITTSBURG,
a municipal corporation
By:

Name: Garrett Evans
Its: City Manager
APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
DEVELOPER:

DISCOVERY BUILDERS, INC.,
a California corporation
By:

Name: Albert D. Seeno, III
Its: Chief Executive Officer
279

EXHIBIT A
FIFTH AMENDMENT TO ENRA Page 4 of 8 November 7, 2023

STONEMAN PARK

EXHIBIT A
New Parcel 3 of Parcel Map Waiver No. 22-08 (attached) and generally shown in the image below:
280

EXHIBIT A
FIFTH AMENDMENT TO ENRA Page 5 of 8 November 7, 2023

STONEMAN PARK
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EXHIBIT A
FIFTH AMENDMENT TO ENRA Page 6 of 8 November 7, 2023

STONEMAN PARK
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EXHIBIT A
FIFTH AMENDMENT TO ENRA Page 7 of 8 November 7, 2023

STONEMAN PARK
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EXHIBIT A
FIFTH AMENDMENT TO ENRA Page 8 of 8 November 7, 2023

STONEMAN PARK
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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 an Ordinance Amending the Zoning Map for the LMK Petro Project from RS-6 to CC and adopting specific land use and development regulations.

MEETING DATE: November 6, 2023

EXECUTIVE SUMMARY
On October 2, 2023, the City Council held a public hearing on the appeal by Shashi Sharma of the Planning Commission's Determination to Not Recommend for City Council Approval of the LMK Petro Project. The Council voted 3-0-1 to introduce and waive further reading of Ordinance No. 23-1511, to change the zoning of the property for the LMK Petro Project from RS-6 to CC and adopt specific land use and development regulations.

FISCAL IMPACT
One-time revenues related to construction permits and other development fees and exactions are anticipated with this project. There is no fiscal impact associated with the recommended action.

RECOMMENDATION
City Council move to adopt Ordinance No. 23-1511, approving amendments to change the zoning of the property for the LMK Petro Project from RS-6 to CC and adopting specific land use and development regulations.

BACKGROUND
On October 2, 2023, the City Council held a public hearing, and introduced and waived further reading of Ordinance No. 23-1511 (Amending Title 18 of the PMC related the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section

18.04.020, to change the zoning of the property for the LMK Petro Project from RS-6 to CC and adopting specific land use and development regulations, with no further changes.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
304

STAFF ANALYSIS
After the City Council holds a public hearing and introduces an ordinance on a given matter, approval of the matter is formalized by City Council adoption of the ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS:

1. Ordinance No. 23-1511
Exhibit D – Zoning Map Amendment
Prepared by: Maurice Brenyah-Addow, Senior Planner
305
Ordinance No. 23 - Page 1 of 5 November 6, 2023

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

Amending the Zoning )
Designations from RS-6 to CC )
and adopting specific land use and ) ORDINANCE NO. 23-
development regulations for the )
“LMK Petro Project”________________ )
WHEREAS, on September 15, 2016, Shashi Sharma, on behalf of LMK Petro, filed Planning Application No. 16-1189, requesting approval of: 1) General Plan Amendment (GP) to change the site’s land use designation from Low Density Residential (LDR) to Community Commercial (CC); 2) Rezone from Residential Single-Family 6,000 Square Foot (sq. ft.) Minimum Lot Size (RS-6) to Community Commercial (CC); 3) Use Permit pursuant to CC zoning regulations to allow for the operation of a gas station with a convenience store with ABC license to sell beer and wine, and car wash, as accessory uses on the project site; and 4) Design Review for new construction. The project has undergone several reviews by staff and was also presented to the Planning Commission at a study session on August 8, 2017; and
WHEREAS, the proposed project is governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); and WHEREAS, pursuant to PMC section 17.16.100, an applicant may request that two or more applications for separate discretionary approvals, including zoning amendments under Title 18 of this Code, requested, or required in conjunction with a project be consolidated; and
WHEREAS, the project is subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code 21000-21189) and the State CEQA guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387); and
WHEREAS, the proposed project is subject to the California Environmental Quality Act (CEQA), and the State CEQA Guidelines (Public Resources Code section 21080).

Pursuant to the provisions of the State CEQA Guidelines, an Initial Study was prepared for the project. Based on the analysis in the study, the City Planner determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a Mitigated Negative Declaration was prepared; and WHEREAS, on October 24, 2022, a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was distributed to the public for a 30-day review, in accordance with CEQA Guidelines section 15105(b). Public distribution of the NOI consisted of delivery to the County Clerk’s Office, posting on the City’s website, and on November 10, 2022, 306
Ordinance No. 23 - Page 2 of 5 November 6, 2023 direct mailing to all interested parties and owners/occupants of the properties directly contiguous with the project, in accordance with CEQA Guidelines section 15072; and WHEREAS, on or prior to December 2, 2022, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the December 13, 2022, public hearing on this item was posted at City Hall and at and near the project site; was delivered to the Pittsburg Library; was mailed via first class mail to the applicant and property owner, to owners of property located within 300 feet of the project site, and to local service agencies anticipated to provide services to the business; and was mailed via first class mail or email to individuals and organizations who had previously filed written request for such notice. A copy of the notice was also placed on the “Public Notices” page of the city website on December 2, 2022. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on December 13, 2022, the Planning Commission considered the Initial Study prepared for the project and held a public hearing on Planning Application No. AP 16-1189 (GP, RZ, UP, DR), at which time oral and/or written testimony was considered; and
WHEREAS, On December 13, 2022, the Planning Commission voted 4-1-1 to adopt Resolution No. 10214 and not recommend to the City Council the adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as proposed, and approval of the LMK Petro Use Permit and Design Review applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with alcoholic beverage sales for “LMK Petro, AP-16-1189 (GP, RZ, UP, DR).”
WHEREAS, on December 22, 2022, Shashi Sharma, on behalf of LMK Petro, pursuant to PMC 18.18.969 filed an appeal of the Planning Commission’s determination; and
WHEREAS, on or prior to September 22, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the October 2, 2023, public hearing on this item was posted at City Hall and at and near the project site; was delivered to the Pittsburg Library; was mailed via first class mail to the applicant and property owner, to owners of property located within 300 feet of the project site, and to local service agencies anticipated to provide services to the business; and was mailed via first class mail or email to individuals and organizations who had previously filed written request for such notice. A copy of the notice was also placed on the “Public Notices” page of the city website on September 22, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and
WHEREAS, in accordance with PMC section 18.48.050, before adoption of an ordinance, the City Council shall make findings that the proposed regulation or map 307
Ordinance No. 23 - Page 3 of 5 November 6, 2023 amendment is consistent with the policies of the General Plan and notice and hearing provisions of this title; and
WHEREAS, documents and other materials constituting the record of the proceedings upon which the City’s decision and its findings are based, are located at the City of Pittsburg Planning Division; and
WHEREAS, on October 2, 2023, the City Council held a duly-noticed public hearing on the appeal by Shashi Sharma of the Planning Commission's Determination to Not Recommend for City Council Approval of the LMK Petro Project; AP-16-1189 (GP, RZ, UP, DR).

NOW, THEREFORE, the City Council does ORDAIN as follows:

Section 1. Findings
A. Based on the City Council Staff Report dated August 7, 2022, and entitled, “Public Hearing on Appeal of the Planning Commission’s Decision to Not Recommend City Council Adoption of an Initial Study and Mitigated Negative Declaration for a General Plan Map and Zoning Map Amendment, as Proposed, and Approval of the LMK Petro Use Permit and Design Review Applications for an Automobile Service Station with an Automated Car Wash, and Convenience Store with Alcoholic Beverage Sales for LMK Petro; Adoption of Three City Council Resolutions for: 1) Adoption of a Initial Study and Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act 2) Mitigation Monitoring and Reporting Program, and 3) General Plan Amendment; and Introduction and Waive First reading of One City Council Ordinance Amending the Zoning Map for the LMK Petro Project, AP-16-1189 (GP, RZ, UP, DR)”, and based on all written and oral testimony presented at the meeting, the City Council finds that:

1. The Mitigated Negative Declaration adopted for this project was prepared in compliance with Public Resources Code section 21000 et seq.

2. A Mitigation and Monitoring Reporting Program was prepared in compliance with CEQA.

Zoning Map Amendment

3. The requested zoning map amendment is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, in that:
a. It will facilitate development on an infill site, thereby helping the City maintain a compact urban form (Goal 2-G-1).
308
Ordinance No. 23 - Page 4 of 5 November 6, 2023 b. It will incentivise the use of infill land and revitalize an underutilized site (Goal 2-G-6).
c. It will maintain views of the southern hills (2-P-70). d. It will allow development in an area where public facilities and infrastructure are already available (Policy 3-P-1).
e. It meets Goals 2-G-1, 2-G-6, 3-G-4, 3-P-1, 4-P-3, and 12-G-1, as it is an infill development located on an underutilized site, on a site that is currently served by public facilities and infrastructure, that complies will all required development standards and expected to serve communities in the Buchanan Planning Subarea.

4. Attracting more businesses to further economic development in the City directly addresses a major community need.

5. The requested zoning map amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will facilitate improvement of an underutilized site and provide automobile servicing, cleaning and convenience sales and services to the surrounding community.

Section 2. Decision
Based on the findings and the authority set forth above, the City Council hereby:
1) Amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning of the property for the LMK Petro Project from RS-6 to CC and adopting specific land use and development regulations, as substantially presented in “Exhibit D” of this ordinance.

Section 3. Severability
If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 4. Publication
The ordinance shall be posted and published in accordance with the California Government Code.
309
Ordinance No. 23 - Page 5 of 5 November 6, 2023 The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on October 2, 2023, and was adopted and ordered published at a meeting of the City Council held on November 6, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
310
Exhibit D
Zoning Map Amendment
LMK Petro, AP-16-1189 (GP, RZ, UP, DR)

Community Commercial Government & Quasi Public General Industrial

High Density Residential Medium Density Residential Low Density Residential Fig. 1: Existing Zoning Districts

Project Site
311
Exhibit D
Zoning Map Amendment
LMK Petro, AP-16-1189 (GP, RZ, UP, DR)

CC - Community Commercial GQ – Government & Quasi Public IG - General Industrial

RH- High Density Residential RM - Medium Density Residential RS - Low Density Residential

Fig. 2: Proposed Zoning Change

Project Site
312
Office of the City Manager
65 Civic Avenue
Pittsburg, CA 94565
MEMO: November 6, 2023
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
RE: Adoption of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi- family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law

EXECUTIVE SUMMARY
On October 2, 2023, the City Council held a public hearing on a City-initiated request for adoption of two Ordinances for the Objective Design Standards 2023 Project: 1) adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) amending the Zoning Map for certain multi-family housing and mixed-use development projects to further housing production consistent with State law. The City Council introduced and waived further reading of two Ordinances approving the Objective Design Standards 2023 Project. The Ordinance is now ready for City Council adoption.

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the proposed ordinances.

Staff believes the adoption of the ODS would result in high-quality development throughout the City, furthering property values and thus, the City’s property tax revenue. The Project would also likely reduce staff time related to processing multi-family housing and mixed-use development projects.

RECOMMENDATION
City Council move to adopt two Ordinances approving a Zoning Map Amendment and a Zoning Text Amendment for Objective Design Standards 2023.

BACKGROUND
On May 9, 2023, the Planning Commission held a public hearing and unanimously adopted Resolution No. 10229, recommending City Council approval of the Project. On October 2, 2023, the City Council held a public hearing and introduced and waived further reading of two Ordinances to approve a Zoning Amendment and a Map Amendment for the Objective Design Standards 2023 Project.
313

SUBCOMMITTEE FINDINGS
In November of 2022, a proposal to establish a City-wide overlay to implement objective design standards for qualifying projects was presented to the City’s Land Use Subcommittee. Potential concerns identified by the Subcommittee included building massing and “cookie-cutter-like” architectural design. Subsequently, the City scheduled a second Land Use Subcommittee Hearing in April of 2023, to further discuss the proposed standards. Based on feedback and comments staff presented a set of regulations, now titled “Objective Design Standards 2023” with the addition of a new chapter to address the previously raised concerns. Chapter 5, entitled “Massing and Façade Articulation Standards”, provides additional objective standards to address potential clustering or semblance among adjacent structures. The Subcommittee members remarked that the addition of Chapter 5 addressed the previously raised concerns and were overall supportive of seeing the project move forward.

STAFF ANALYSIS
After the City Council holds a public hearing and introduces an Ordinance on a given matter, approval of the matter is formalized by City Council adoption of the Ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The Ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS

1. Ordinance Adding Article XXI of Chapter 18.84 to the Pittsburg Municipal Code o Exhibit A Objective Design Standards 2023

2. Ordinance Amending the Zoning Map, for Certain Multi-Family Housing and Mixed- Use Development Projects, to Further Housing Production Consistent with State Law o Exhibit A Objective Design Standards 2023 Overlay Map (Rezone) Prepared by: Kelsey Gunter, Associate Planner
314
Ordinance No. 23- Page 1 of 4 November 6, 2023

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

Approving Objective Design Standards 2023 )
Adding Article XXI to Chapter 18.84 the ) ORDINANCE NO. 23- Pittsburg Municipal Code )
WHEREAS, the California Legislature has passed, and the Governor has signed a number of laws in recent years aimed at increasing the production of housing; and WHEREAS, California Government Code Section 65913.4, as added by Senate Bill 35 of 2017, and as amended since, sets forth a ministerial approval process requiring objective design standards for specified residential housing projects; and WHEREAS, staff has drafted a set of objective design standards to be applicable as set forth in an overlay district in compliance with state law; and WHEREAS, the proposed amendments are governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); and WHEREAS, PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to zoning text amendments; and WHEREAS, on or prior to April 28, 2023, notice of the May 9, 2023, Planning Commission public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091; and
WHEREAS, on May 9, 2023, the Planning Commission held the hearing to consider proposed Resolution Recommending City Council adoption of an Ordinance Approving Objective Design Standards 2023, Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code, and amending the Zoning Map, for certain multi-family housing and mixed-use development projects, to further housing production consistent with state law, AP-22-0117 (RZ) and voted to adopt Resolution No.10229, recommending City Council approval of adding Article XXI to Chapter 18.84 of Title 18; and WHEREAS, in order to adopt zoning text amendments, and in accordance with PMC sections 18.16.020 and 18.48.030, the City Council must find that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;
315
Ordinance No. 23- Page 2 of 4 November 6, 2023

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice; and
WHEREAS, on or prior to September 8, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the September 18, 2023 public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on October 2, 2023, the City Council held a duly noticed public hearing on the Planning Commission’s recommendation for the City Council to approve the proposed amendment to Title 18; and
WHEREAS, this amendment of the municipal code is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the state CEQA Guidelines, section 15061, in that the activity in question consists of zoning text amendments that would not result in a physical impact on the environment.

NOW, THEREFORE, the City Council does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporate by reference.

B. Based on the City Council Staff Report dated October 2, 2023, and entitled, “Introduction and Waive First reading of Two Ordinances for Objective Design Standards 2023: Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code and Amending the Zoning Map for Certain Multi-family Housing and Mixed- use Development Projects to Further Housing Production Consistent with State Law”, and based on all written and oral testimony presented at the meeting, the City Council finds that:

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

2. The proposed amendments are consistent with the objectives, policies, general land uses and programs in the General Plan. Most specifically, Land Use Element (LUE) Goal 2-P-2 which directs the City to update the City’s Zoning Ordinance and Subdivision Regulations for consistency with the General Plan.
316
Ordinance No. 23- Page 3 of 4 November 6, 2023

3. The proposed amendments are compatible with uses and regulations of the land use district for which they are proposed, in that the proposed amendments would allow consistency with recently adopted or enacted legislation on Objective Design Standards by the state.

4. There is a community need for the proposed amendments in that they make PMC Title 18 more current to administering land use policies within the City of Pittsburg.

5. The proposed changes would be in conformity with the public convenience, general welfare, and good zoning practice, in that it removes ambiguities to make it clear and easier for both staff and the general public to understand and use as a guide in planning and processing development applications.

SECTION 2. Amendment. PMC Title 18 is hereby amended to add Article XXI to Chapter

18.84 as set forth below:

Article XXI. Objective Design Standards

18.84.980 Purpose.

The purpose of this article is to establish objective design standards, in compliance with state law, that protect and promote public health, safety, welfare and community aesthetics consistent with the goals, objectives and policies in the General Plan. This article establishes an application and review process for residential or mixed-use projects qualifying for ministerial approval under state law that further housing production.

18.84.985 Applicability.

A. Objective design standards shall apply to proposed development as identified in Objective Design Standards 2023.

B. The objective design standards shall be implemented through an overlay of zones.

C. Any applicant for a proposed development may select either to comply with the objective design standards or Title 18, Chapter 18.36.

18.84.990 Application Requirements.

Application requirements are set forth in Objective Design Standards 2023.

18.84.995 Standard of Review.

Proposed development subject to objective design standards and ministerial approval shall be considered in compliance with state law and requirements set forth in Objective Design Standards 2023.

SECTION 3. Approval and Adoption. The City Council hereby approves and adopts Objective Design Standards 2023 attached as, “Exhibit A” to this Ordinance. 317
Ordinance No. 23- Page 4 of 4 November 6, 2023
SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 5. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

SECTION 6. Publication. The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on October 2, 2023, and was adopted and ordered published at a meeting of the City Council held on November 6, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
318
Objective Design Standards 2023
Final Draft
July 2023
319
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320
Table of Contents
Section 1: Introduction 1

1.010 Purpose 1

1.020 Objective Design Standards 1

1.030 Applicability 1

1.040 Relationship to the City of Pittsburg General Plan 5

1.050 Relationship to Title 18 (Zoning) 5

1.060 Permits and Procedures 7
Section 2: ODS Zone Standards 19

2.010 Purpose 19

2.020 ODS Overlay Map 19

2.030 Overview of ODS Zones 19

2.040 T3 Neighborhood (T3N) 29

2.050 T4 Neighborhood (T4N) 33

2.060 T4 Main Street (T4MS) 37

2.070 T5 Neighborhood (T5N) 41

2.080 T5 Main Street (T5MS) 45

2.090 Allowed Uses 49
Section 3: Site Standards 51

3.010 Purpose 51

3.020 Screening 52

3.030 Parking 54

3.040 Large Sites 59
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Section 4: Building Types 65

4.010 Purpose 65

4.020 Building Types 65

4.030 Overview of Building Types 69

4.040 Duplex Side-by-Side 70

4.050 Duplex Stacked 72

4.060 Cottage Court 74

4.070 Multiplex Small 76

4.080 Multiplex Large 78

4.090 Townhouse 80

4.100 Courtyard Building Small 82

4.110 Courtyard Building Large 84

4.120 Main Street Building 86
Section 5: Massing and Facade Articulation Standards
89 5.010 Purpose 89

5.020 Overview of Façade and Design Standards 89

5.030 Massing and Composition 90

5.040 Tripartite Facade Articulation 91

5.050 Architectural Recession(s) 92

5.060 Windows and Openings 93
Section 6: Frontage Types 95

6.010 Purpose 95

6.020 Frontage Types 95

6.030 Overview of Frontage Types 96

6.040 Porch Projecting 98

6.050 Porch Engaged 99

6.060 Dooryard 100

6.070 Stoop 101

6.080 Forecourt 102

6.090 Shopfront 103

6.100 Terrace 104

6.110 Gallery 105
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Section 7: Civic Space Types 107

7.010 Purpose 107

7.020 Civic Space Types 107

7.030 Overview of Civic Space Types 108

7.040 Pocket Park/Plaza 109

7.050 Playground 110

7.060 Passage 111

7.070 Greenway 112

7.080 Plaza 113
Section 8: Definitions 115

8.010 Purpose 115

8.020 Definitions 115

8.030 Measurement Methods 133
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Quick Code Guide for Developments Less Than Five Acres
The following graphic is intended as a summary guide.

Identify your zone , see
Section 2
(ODS Zone Standards)
a. Select your building type(s) Table C of the ODS zone b. Comply with building placement standards Table E of the ODS zone c. Comply with building form and height
standards
Table D of the ODS zone
d. Select from allowed uses Title 18, Division III. Base District Regulations
e. Comply with parking standards Table G of the ODS zone f. Select your frontage type Table F of the ODS zone
Identify your building type
standards , see
Section 4 (Building Types)
g. Comply with the standards Tables A-F of the building type 1 This process shall be applied to each design site.

Determine your Maximum Zoning Envelope1
1 Apply your frontage type(s) ,
see
Section 6 (Frontage Types)
a. Based on your selected frontage type(s),
comply with the standards
Tables A-C of the frontage type
Connect Ground Floor to Adjacent Streetscape2
Identify your approval
procedure, see Subsection

1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
Proceed to Approval Process3
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Identify Large Sites, see
Subsection 3.050 (Large Sites)
a. Comply with the standards Subsection 3.050 (Large Sites) Design your Design Sites1
Quick Code Guide for Developments Over Five Acres with Widths along Front or Side Street Over 800 Feet
The following graphic is intended as a summary guide.

Identify your zone , see
Section 2
(ODS Zone Standards)
a. Select your building type(s) Table C of the ODS zone b. Comply with building placement standards Table E of the ODS zone c. Comply with building form and height
standards
Table D of the ODS zone
d. Select from allowed uses Title 18, Division III. Base District Regulations
e. Comply with parking standards Table G of the ODS zone f. Select your frontage type Table F of the ODS zone
Identify your building type
standards , see
Section 4 (Building Types)
g. Comply with the standards Tables A-F of the building type 1 This process shall be applied to each design site.

Determine your Maximum Zoning Envelope1
2 Apply your frontage type(s) ,
see
Section 6 (Frontage Types)
a. Based on your selected frontage type(s),
comply with the standards
Tables A-C of the frontage type
Connect Ground Floor to Adjacent Streetscape3
Identify your approval
procedure, see Subsection

1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
Proceed to Approval Process4
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1.010 Purpose
This Article XXI, Chapter 18.84 (City of Pittsburg Objective Design Standards), shall hereafter be referred to as the "ODS." The ODS implements the City of Pittsburg's General Plan vision through the application of ODS zones and standards that reflect a context-specific approach based upon the City of Pittsburg's distinct development patterns.

1.020 Objective Design Standards
The ODS sets forth the standards for neighborhood design, building form, and uses within ODS zones. These standards reflect the community's vision for implementing the intent of the City of Pittsburg General Plan to facilitate housing production and specifically infill housing production, through development that reinforces the character and scale of the City's walkable centers, neighborhoods, and corridors.

1.030 Applicability

1. Rules for Construction of Language. The following general rules for construction of language apply to the text of this ODS:

A. Tenses and Numbers. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary.

B. Applicable. The applicable standards of this ODS apply so as to not require stating the phrase "and all applicable standards" throughout this ODS.

C. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items or provisions apply; (2) "Or" indicates that the connected items or provisions may apply; and (3) "Either/or" indicates that the connected items or provisions apply singly but not in combination.

Section 1: Introduction
Subsections:

1.010 Purpose

1.020 Objective Design Standards

1.030 Applicability

1.040 Relationship to the City of Pittsburg General Plan

1.050 Relationship to Title 18 (Zoning)

1.060 Permits and Procedures
1 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 327

2. ODS Implementation.

A. This ODS apply to proposed development as identified in Table 1.030.A (Applicability).

B. The standards in this ODS are implemented through an overlay of zones, see Figure 2.020.1 (ODS Overlay Map) for zones established in this ODS.

C. Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing .

However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter

18.84 (Objective Design Standards). This shall not apply to projects eligible under Senate Bill 35.

D. The standards in this ODS prevail unless stated otherwise. See Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) for reference.

Table 1.030.A: Applicability
Development Type ODS Applies
Objective Residential Development 1
Single-Unit Residential No
Two-Unit Residential Yes
Multi-Unit Residential Yes
Affordable Housing 2 Yes
Objective Mixed-Use Development 1
At least 2/3 of square footage designated for residential units Yes At least 2/3 of square footage designated for Affordable Housing 2 Yes Less than 2/3 of square footage designated for residential units No Other Development
Non-Residential No
Non-Objective Residential Development 3 No
Non-Objective Mixed-Use Development 3 No
1 Includes Transitional and Supportive Housing, Emergency Shelters, and Farmworker Housing meeting all eligibility criteria and specific protections by development type per the Government Code.
2 "Affordable Housing" refers to projects that contain the minimum percentage of affordable housing units to be eligible for Senate Bill 35 streamlining. See Government Code §65913.4(a) 3 Development that does not comply with objective General Plan, zoning, and subdivision standards of the City of Pittsburg
2 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.030: Applicability 328

3. Requirements. As required by Table 1.030.A (Applicability), the standards in this ODS apply to all proposed development and improvements within ODS zones as identified below.

A. General
(1) A design site is a portion of land within a parcel, delineated from other design sites and/or parcels to accommodate no more than one building type. From the allowed types in the ODS zone, and in compliance with the listed standards, the following shall be selected for each design site:
(a) Only one primary building type per design site is allowed, except an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit, in compliance with Section 18.50.315 (Design and Development Standards) in Title 18 (Zoning) of the Municipal Code, may be included within a design site in addition to the primary building type. Parcels with enough land area to meet the ODS zone standards for minimum design site width and depth may have multiple design sites;
(b) At least one private frontage type; and
(c) At least one use type.
(2) Building types and frontage types not listed in the ODS zone's standards are not allowed in that zone.
(3) Uses. Refer to the underlying zone for the allowed uses and standards in Title 18, Division III.

Base District Regulations.
(4) New buildings and their improvements are subject to the City of Pittsburg local standards for Fire Safety and Building Safety.

B. Site Standards. Section 3 (Site Standards)
(1) Screening. The standards of Subsection 3.020 (Screening) apply to all new elements specified in Subsection 3.020 (Screening) for:
(a) All new development;
(b) Additions over 25 percent of the existing floor area of primary building; (c) Reconstruction or reconfiguration of existing primary building that includes a remodel affecting more than 25 percent of existing floor area;
(d) Replacement of existing fencing or screening; and/or (e) Installation of new equipment (e.g, HVAC, backflow preventer, etc.) (2) Landscaping and Tree Standards.
(a) Landscaping Standards. Refer to Article VII. Landscaping, Irrigation and Hydroseeding of Title 18 (Zoning) for applicable standards.
(b) Tree Standards. Refer to Article XIX. Tree Preservation and Protection of Title 18 (Zoning) for applicable standards
3 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.030: Applicability 329
(3) Parking. The standards of Subsection 3.030 (Parking) apply to the following:
(a) New development;
(b) Changes in land use; and/or
(c) Changes in intensity of buildings or structures made after the effective date of this ODS that cause an increase or decrease of 25 percent or greater in:
i. Gross floor area;
ii. Seating capacity;
iii. Units; and/or
iv. Parking spaces.
(d) Parking lot and access shall be redesigned in compliance with Subsection 3.030 (Parking) when additional parking of at least 25 percent from existing is proposed. (4) Large Site Standards. The standards of Subsection 3.040 (Large Sites) apply to new development on a project of at least five acres in area and at least 800 feet in length along the front or side street as follows:
(a) Design Sites
i. New buildings are required to be designed in compliance with the design site width and depth standards of the ODS zone.
ii. This ODS does not require the recordation of design site lines. The design site width and depth standards are for the purpose of consistently achieving pedestrian-oriented and scaled buildings.
(b) Blocks and Thoroughfares
i. Development sites shall be divided into new blocks in compliance with Subsection

3.040.7 (Block Size).
ii. New thoroughfares are required to form blocks in compliance with Table 3.040.7 (Block Size).
iii. When designing a new thoroughfare or retrofitting an existing thoroughfare, the standards in Roadway Standard Details of the City Council Resolution 07-10785, City Standard Details and Specifications, apply.
(c) Applying Zones for Developments over 20 acres.
i. Developments shall apply at least two zones using only the zones established in Section 2 (ODS Zone Standards) and in compliance with Table 3.040.B (Available Zones by General Plan Land Use Designation).
(d) Civic Space Types. See Section 7 (Civic Space Types).

C. Building Type Standards. The standards of Section 4 (Building Types) apply to the following:
(1) New buildings (except public safety buildings); and (2) Additions over 50 percent of the existing floor area of primary building (except public safety buildings).
4 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.030: Applicability 330
D. Frontage Type Standards. The standards of Section 6 (Frontage Types) apply to the following:
(1) New buildings;
(2) Existing buildings within 30 feet of the front or side street or public open space; (3) Private property improvement on existing building within 30 feet of a front or side street; and (4) Modification of pedestrian entrance(s) on existing building within 30 feet of a front or side street.

E. Civic Space Type Standards. The standards of Section 7 (Civic Space Types) apply to the following:
(1) Development sites larger than three acres are required to create new civic space(s) in compliance with Section 7 (Civic Space Types).

F. Nonconforming Situations. The standards of Chapter 18.76 (Nonconforming Uses and Structures) in Title 18 (Zoning) apply to all nonconforming situations G. Permits and Procedures. Applications for development are to be processed in compliance with the procedures identified in Subsection 1.060 (Permits and Procedures) .

1.040 Relationship to the City of Pittsburg General Plan This ODS implements the City's General Plan vision through a palette of ODS zones described in Section 2 (ODS Zone Standards). This ODS is applied to walkable environments, existing or new. Walkable is described as an environment that is pedestrian-oriented in nature, with a variety of housing choices, where bicycling and walking are viable daily options because services, retail, or restaurants are within 2,000 linear feet of most residences in the development.

1.050 Relationship to Title 18 (Zoning)
Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) identifies the relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) only for parcel(s) mapped with ODS zones subject to Article XXI, Chapter 18.84 (Objective Design Standards). All other content in Title 18 (Zoning) not identified in the table continue to apply. 5 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.050: Relationship to Title 18 (Zoning) 331
Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) Title 18 (Zoning) Article XXI, Chapter 18.84 (Objective Design Standards) Division/Chapter Description Status
Division I General Provisions Superseded by Chapter 1 (Introduction), except as noted otherwise.

Division II Administration Superseded by Subsection 1.060 (Permits and Procedures), except as noted otherwise.

Division III Base District Regulations
Chapter 18.50 Residential Districts:

RM, RMD, RH, RHD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.

Chapter 18.52 Commercial Districts:

CC, CN, CP, CS, CSD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.

Chapter 18.53 Mixed Use Districts:

M
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.

Chapter 18.62 Planned Development Districts:

PD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.

Division IV Overlay District Regulations
Chapter 18.74 Residential and Commercial Districts:

RM-O, RMD-O, CS-O
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.

Division V General Land Use Regulations
Chapter 18.78 Off-Street Parking and Loading Superseded by Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone, and Subsection 3.030 (Parking), except as noted otherwise.

Chapter 18.80 Development Standards for All Uses

18.80.010 Building Projections Superseded by Table E (Building Placement) of the ODS zone

18.80.015 Flag Lot Superseded by Table C (Building Types and Design Site Size) of the ODS zone

18.80.025 Mechanical and Utility
Equipment
Superseded by Subsection 3.020 (Screening), except as
noted otherwise.

18.80.050 Street Line, Minimum length Superseded by Table E (Building Placement) of the ODS zone Chapter 18.84 Special Land Use Regulations Applicable to Specific Uses Article IV. Fences and Walls Superseded by Subsection 3.020 (Screening), except as noted otherwise.

All Divisions within Title 18 (Zoning) apply unless specified by this table. 6 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.030: Applicability 332

1.060 Permits and Procedures

1. Procedures for Applications Filed Under Senate Bill 35 A. Applicability
(1) This Subsection applies to housing development projects applying for approval under Government Code §65913.4 and replaces the City's procedures for reviewing discretionary applications.
(2) Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing . However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter 18.84 (Objective Design Standards). (3) This Subsection shall remain in effect for the same period as Senate Bill 35 provisions contained in Government Code §65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this Subsection shall remain in effect only until January 1, 2026, and as of that date is repealed.
(4) The California Environmental Quality Act (CEQA) does not apply to projects eligible under Senate Bill 35.
(5) The Department of Housing and Community Development is charged with developing guidelines for implementing Senate Bill 35. These procedures may change if required by changes in those guidelines or in Government Code §65913.4.

B. Definitions. Terms defined in Government Code §65913.4 shall apply to this Subsection and shall control in the event of a conflict between definitions in this ODS and definitions in Government Code §65913.4.

C. Application Filing
(1) Preliminary Application Filing . An applicant shall file a notice of intent to submit a Senate Bill 35 application in the form of a preliminary application consistent with Government Code §65941.1.
(a) Form. A preliminary application shall be filed on a form provided by the City with the required fee. If the City has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.
(b) Timeline. Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full Senate Bill 35 application, provided scoping consultation has concluded consistent with Subsection 1.060.1.C.(1).(c) (Scoping Consultation). 7 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 333
(c) Scoping Consultation
i. Upon receipt of the preliminary application, the City shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The City shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within 30 days of preliminary application submittal. The formal notice shall be consistent with Government Code §65913.4(b).
ii. If, within 30 days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the City shall commence scoping consultation within 30 days of receiving that response. iii. Scoping consultation shall be conducted consistent with Government Code §65913.4(b).

If, after scoping consultation is concluded, a development is not eligible for Senate Bill 35 streamlining, the City shall provide written documentation as required by Government Code §65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.
(2) Full Application . If the development remains eligible to apply under Senate Bill 35 after scoping consultation consistent with Government Code §65913.4(b) has concluded, an applicant may file a full Senate Bill 35 application on a form provided by the City with the required fee.

D. Completeness Review . The City shall review an application for compliance consistent with Subsection 1.060.1.E (Compliance Review); there shall be no separate or additional time frame for completeness review. Only the items necessary to determine compliance with the provisions contained in Government Code §65913.4(a) shall be required.

E. Compliance Review
(1) Scope of Review. The Review Authority’s scope of review is limited to all of the provisions contained in Government Code §65913.4(a) and the objective standards in effect at the time of preliminary application submittal.
(2) Review Time frames and Review Authority
(a) Consistency Review . The Zoning Administrator or his/her designee shall determine if the application complies with all of the provisions contained in Government Code §65913.4(a) and applicable objective standards within the following time frames:
i. Within 60 calendar days of application submittal for applications that include 150 or fewer housing units.
ii. Within 90 calendar days of application submittal for applications that include 151 or more housing units.
(b) Design Review or Public Oversight . Any design review or public oversight (i.e., Planning Commission review) to determine if the application complies with all of the provisions contained in Government Code §65913.4(a) and applicable objective standards shall occur within the following time frames:
i. Within 90 calendar days of application submittal for applications that include 150 or fewer housing units.
ii. Within 180 calendar days of application submittal for applications that include 151 or more housing units.
8 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 334
(3) Compliance Determination
(a) Compliant Application. If the application complies with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the City shall complete any design review or public oversight and any subdivision approval within the time frames listed in this Subsection 1.060.1.E (Compliance Review). Only objective design and subdivision standards may be applied. See Subsection 1.060.1.F (Decision on Project). (b) Non-Compliant Application. If the application does not comply with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the Review Authority shall make the following determination:
i. If the application does not comply with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the Review Authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.
ii. Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for Senate Bill 35 streamlining, and the City shall review it for compliance with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards subject to the same timelines in this Subsection. iii. Project Ineligible. If the project is ineligible for Senate Bill 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.

F. Decision on Project
(1) Project Approval and Findings. The Review Authority shall approve the application if the Review Authority finds that the proposed development is compliant with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, including objective subdivision standards.
(2) Conditions of Approval. The Review Authority may impose conditions of approval provided those conditions of approval are objective and broadly applicable to development within the City.

G. Post-decision Procedures
(1) Subsequent Permits. Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this Subsection, and that public improvement is located on land owned by the City , the Review Authority shall process any approvals needed as required by Government Code §65913.4(h)(3).
9 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 335
(2) Post-Approval Modifications
(a) Post-Approval Modification Request. An applicant or the City may request a modification to an approved development if that request is made prior to the issuance of the final building permit.
(b) Applicability of Objective Standards to Modifications. The Review Authority shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:
i. The total number of residential units or total square footage of construction changes by 15 percent or more; or
ii. The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid. (c) Post-Approval Modification Review Time frame and Decision. The Review Authority shall determine if the modification is consistent with objective planning standards and issue a decision on the applicant’s modification request within 60 days after submittal unless design review is required, in which case a decision shall be made within 90 days. (3) Expiration. An application approved consistent with this Subsection shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income consistent with Government Code §65913.4(f).
(4) Extension. At the discretion of the Review Authority, a one-year extension may be granted consistent with Government Code §65913.4(f)(3).
10 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 336

2. Procedures for applications filed consistent with the Housing Accountability Act A. Applicability
(1) This Subsection applies to housing development projects as defined by Government Code §65589.5(h)(2).
(2) Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing . However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter 18.84 (Objective Design Standards). (3) This Subsection shall remain in effect for the same period as provisions contained in the Government Code §65589.5 (Housing Accountability Act). Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in the Housing Accountability Act are deemed null and void.

B. Definitions. Terms defined in Government Code §65589.5 shall apply to this Subsection and shall control in the event of a conflict between definitions in this ODS and definitions in Government Code §65589.5.

C. Application Filing
(1) Preliminary Application Filing (Optional). An applicant may file a preliminary application consistent with Government Code §65941.1.
(a) A preliminary application shall be filed on a form provided by the City with the required fee. If the City has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.
(b) Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.
(2) Full Application. An applicant may file a full application for a housing development without filing a preliminary application. The full application shall be filed on a form provided by the City with the required fee.

D. Conflicting Procedures. This Subsection provides additional procedures that shall be followed for applicable projects. If conflicts occur between the City's procedures and the procedures of this Subsection, this Subsection shall control.
11 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 337
E. Completeness Review
(1) Preliminary Application. If a preliminary application is filed, the preliminary application shall be deemed complete when the preliminary application containing all of the information listed in the preliminary application form is submitted. If all listed information is not provided, the City shall request the missing information from the applicant.
(2) Full Application
(a) Once a full application is submitted, the City shall inform the applicant in writing within 30 calendar days of submittal or resubmittal that the application is complete or incomplete and the additional information required consistent with Government Code §65943. Only information requested in the City's application forms can be requested. If the City does not provide written notification within this time frame, the application shall be deemed complete. The City shall review each resubmittal within the 30-day period and cannot request information that was not listed in the first incompleteness letter. (b) If an applicant receives written notification that the application is incomplete, and a preliminary application was submitted for the housing development, the applicant shall submit the information needed to complete the application within 180 calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this time frame, the preliminary application shall expire and have no further force or effect.
(c) If a second determination of incompleteness is provided, the applicant shall be able to appeal the decision to the City Council. The City shall make a decision on the appeal no later than 60 calendar days after receipt of the applicant’s written appeal. The initial appeal may be to the Planning Commission, but in that case the City Council shall still make a decision within 60 days. If the decision on the appeal is not made within this time frame, the application shall be deemed complete.

F. Compliance Review
(1) Scope of Review
(a) Housing Development with a Preliminary Application Submittal. A housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:
i. A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction. ii. A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. iii. Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent with CEQA. 12 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 338
iv. The housing development has not commenced construction within 2.5 years following the date of the housing development’s final approval (as defined in Government Code §65589.5(o)(1)(D)).
v. The number of residential units or square footage of construction proposed changes by 20 percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.
(b) Housing Development without a Preliminary Application Submittal. A housing development shall be subject to objective standards in effect when the application was deemed complete.
(2) Review Time frames
(a) Applications for housing development containing 150 or fewer units shall be reviewed for compliance with applicable objective standards within 30 calendar days of being deemed complete.
(b) Applications for housing development containing more than 150 units shall be reviewed for compliance with applicable objective standards within 60 calendar days of being deemed complete.
(3) Review Authority. The Review Authority shall be the Review Authority consistent with the City's procedures for the full application; however, if the Director of Planning & Building or his/her designee is not the Review Authority, the Director of Planning & Building or his/her designee may serve as the Review Authority, if necessary, to comply with Review Timelines described in Subsection 1.060.2.F.(2) (Review Time frames).
(4) Compliance Determination
(a) The Review Authority shall identify the specific standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.
(b) A housing development is considered in compliance with this ODS, and shall not require a Zoning Map Amendment, if the housing development complies with objective General Plan standards but the zoning for the housing development site is inconsistent with the General Plan.
(5) Limited Hearings/Meetings. If a housing development complies with applicable objective standards, the City shall not conduct more than five public hearings (including continuances), workshops, or similar meetings after the full application is complete in connection with the approval of the housing development consistent with Government Code §65905.5. Meetings required by CEQA are exempt from the limit.
13 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 339
G. Findings and Decision
(1) Findings
(a) If the proposed housing development complies with applicable objective General Plan, zoning, and subdivision standards and criteria, including design review standards, the Review Authority may only deny the housing development or conditionally approve the housing development at a lower density if the Review Authority makes written findings supported by a preponderance of the evidence in the record that:
i. The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and
ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
(b) If the housing development includes 20 percent of units affordable to very low or low- income households, 100 percent of units affordable or moderate or middle income households, or an emergency shelter, the Review Authority shall approve the housing development unless the Review Authority makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code §65589.5(d).
(2) Decision Time frames. The Review Authority shall approve or deny the housing development within the following applicable period:
(a) 90 days from Environmental Impact Report certification; (b) 60 days from Environmental Impact Report certification for an affordable housing development consistent with Government Code §65950(a)(3); (c) 60 days from adoption of a Negative Declaration; or (d) 60 days from determination of CEQA exemption.

H. Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (i.e., Housing Accountability Act, Government Code §65589.5). 14 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 340
Figure 1.060.A: Process for Developments Eligible for Senate Bill 35 Streamlining with 150 units or Fewer (Government Code §65913.4)
Does the development have 150 units or fewer?
An applicant electing to use SB 35 streamlining submits a preliminary application.

Yes No
Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
60-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code § 65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 90-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
See Figure 1.060.2
Written explanation of standards
that aren’t complied with (within
required time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under
other local process
Scoping consultation conducted per Gov Code §65913.4(b).

After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.

After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
15 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 341
Figure 1.060.B: Process for Developments Eligible for Senate Bill 35 Streamlining with 151 units or More (Government Code §65913.4)
An applicant electing to use SB 35 streamlining submits a preliminary application.

Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
90-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code § 65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 180-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
Written explanation of standards that
aren’t complied with (within required
time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under SB
35 (or other local process)
Does the development have 151 units or more?
Yes No See Figure 1.060.1
Scoping consultation conducted per Gov Code §65913.4(b).

After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.

After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
An applicant electing to use SB 35 streamlining submits a preliminary application.

Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
90-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code § 65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 180-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
Written explanation of standards that
aren’t complied with (within required
time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under SB
35 (or other local process)
Does the development have 151 units or more?
Yes No
Scoping consultation conducted per Gov Code §65913.4(b).

After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.

After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
16 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 342
Figure 1.060.C: Process for Developments Eligible for Housing Accountability Act (HAA) Protection (Government Code §65589.5)
Is it a preliminary application (per Gov Code
§65941.1)?
An applicant submits a development application eligible for protection under the HAA.

Yes No
Development shall be subject
to objective standards in effect
when application deemed
complete
Development shall only be
subject to objective standards
in effect at time of complete
preliminary application
submittal
Applicant submit a full application
within 180 days from preliminary
application submittal
Jurisdiction has 30 days to
review for completeness. Is it a
complete application per Gov
Code §65943?
Yes NoApplication deemed complete
Jurisdiction does NOT provide
completeness letter within 30 days
Jurisdiction provides completeness
letter within 30 days
Does the
development have
150 units or fewer?
Yes No
Applicant submits specific
information requested
Jurisdiction has 30 days from
deemed complete to review for
compliance
Jurisdiction has 60 days from
deemed complete to review for
compliance
If a preliminary application
was submitted, and applicant
does NOT submit required
information within 180 days of
receipt of completeness letter,
preliminary application expires
Upon a second incompleteness
determination, applicant may
appeal. Decision on appeal
within 60 daysIf in compliance, OR if review
NOT completed with time
frame, development deemed in
compliance
No more than five hearings/
meetings may be held before
decision
Final decision within 60 days of CEQA
exemption determination, MND adoption,
or EIR certification for affordable housing
developments; 90 days after EIR certification
for all other residential developments
If not in
compliance,
jurisdiction
identifies
and explains
reason(s) for non-
compliance in
writing. Applicant
resubmits.

Application deemed complete
Is it a preliminary application (per Gov Code
§65941.1)?
An applicant submits a development application eligible for protection under the HAA.

Yes No
Development shall be subject
to objective standards in effect
when application deemed
complete
Development shall only be
subject to objective standards
in effect at time of complete
preliminary application
submittal
Applicant submit a full application
within 180 days from preliminary
application submittal
Jurisdiction has 30 days to
review for completeness. Is it a
complete application per Gov
Code §65943?
Yes No
Jurisdiction does NOT provide
completeness letter within 30 days
Jurisdiction provides completeness
letter within 30 days
Does the
development have
150 units or fewer?
Yes No
Applicant submits specific
information requested
Jurisdiction has 30 days from
deemed complete to review for
compliance
Jurisdiction has 60 days from
deemed complete to review for
compliance
If a preliminary application
was submitted, and applicant
does NOT submit required
information within 180 days of
receipt of completeness letter,
preliminary application expires
Upon a second incompleteness
determination, applicant may
appeal. Decision on appeal
within 60 daysIf in compliance, OR if review
NOT completed with time
frame, development deemed in
compliance
No more than five hearings/
meetings may be held before
decision
Final decision within 60 days of CEQA
exemption determination, MND adoption,
or EIR certification for affordable housing
developments; 90 days after EIR certification
for all other residential developments
If not in
compliance,
jurisdiction
identifies
and explains
reason(s) for non-
compliance in
writing. Applicant
resubmits.
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344

2.010 Purpose
This Section provides zones and standards to implement the City of Pittsburg General Plan to generate and support the variety of physical character of the intended development.

2.020 ODS Overlay Map
The zones established in this Section are mapped on Figure 2.020.1 (ODS Overlay Map). In addition to identifying the zoning for each parcel, Figure 2.020.1 (ODS Overlay Map) identifies specific urban design requirements.

2.030 Overview of ODS Zones
Table 2.020.A (Overview of ODS Zones) provides an overview of each ODS zone and its intent. This information is to show how the broader transects have been applied, and as qualitative background information on the intended physical character, allowed range of uses, and direction for the detailed standards in each ODS zone. See referenced Subsection(s) for standards.

Section 2: ODS Zone Standards
Subsections:

2.010 Purpose

2.020 ODS Overlay Map

2.030 Overview of ODS Zones

2.040 T3 Neighborhood (T3N)

2.050 T4 Neighborhood (T4N)

2.060 T4 Main Street (T4MS)

2.070 T5 Neighborhood (T5N)

2.080 T5 Main Street (T5MS)

2.090 Allowed Uses
19 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 345
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.1 ODS Overlay Map
Figure 2.020.2 ODS Overlay Map - Area 1
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
20 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.010: Purpose W Leland Rd W Leland Rd
Bailey RdBailey Rd
Willow Pass RdWillow Pass Rd
346
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.1 ODS Overlay Map
Figure 2.020.3 ODS Overlay Map - Area 2
Figure 2.020.5 ODS Overlay Map - Area 4
Figure 2.020.4 ODS Overlay Map - Area 3
California Delta HwyCalifornia Delta Hwy
21 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones Railroad AveRailroad Ave
Loveridge RdLoveridge RdCrestview DrCrestview Dr
N Parkside DrN Parkside Dr
W 10th StW 10th St
W Leland Rd W Leland Rd
E Leland Rd E Leland Rd
Buchanan RdBuchanan Rd
E 14th StE 14th St
Harbor StHarbor St
347
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.2 ODS Overlay Map - Area 1
California Delta HwyCalifornia Delta Hwy
W Leland RdW Leland Rd
Bailey RdBailey Rd W Leland RdW Leland Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
22 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 348
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.3 ODS Overlay Map - Area 2
Railroad AveRailroad Ave
W 10th StW 10th St
E 10th StE 10th St
E 14th StE 14th St
Harbor StHarbor St
Power AvePower Ave
N Parkside DrN Parkside Dr
California Delta HwyCalifornia Delta Hwy
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
23 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 349
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.4 ODS Overlay Map - Area 3
Railroad AveRailroad Ave
E 14th StE 14th St
Harbor StHarbor St
Power AvePower Ave
California Delta HwyCalifornia Delta HwyW Leland RdW Leland Rd E Leland RdE Leland Rd
Buchanan RdBuchanan Rd
Loveridge RdLoveridge Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
24 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 350
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.5 ODS Overlay Map - Area 4
California Delta HwyCalifornia Delta Hwy
Pittsburg-Antioch HwyPittsburg-Antioch Hwy
Loveridge RdLoveridge Rd
E Leland RdE Leland Rd
Buchanan RdBuchanan Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
25 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 351
T4 Neighborhood 2.050
Zone Abbreviation
T4N
Intent
A walkable neighborhood environment of small-to-medium
footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks
Up to 4 Stories
Less Urban
Table 2.030.A: Overview of ODS Zones
T3 Neighborhood 2.040
Zone Abbreviation
T3N
Intent
A walkable neighborhood environment of small-to-medium
footprint, low-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Medium-to-Large Front Setbacks
Medium-to-Large Side Setbacks
Up to 3 Stories
26 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 352
Table 2.030.A: Overview of ODS Zones (Continued)
T4 Main Street 2.060
Zone Abbreviation
T4MS
Intent
A walkable district of medium footprint, moderate intensity, mixed-use buildings and housing choices, supporting
neighborhood-serving ground floor retail, food and services.

Desired Form
Mostly Block-Scale Buildings
Primarily Attached Buildings
Medium Building Footprint
Small-to-None Front Setbacks
Small-to-None Side Setbacks
Up to 3 Stories
T5 Neighborhood 2.070
Zone Abbreviation
T5N
Intent
A walkable neighborhood environment with medium-to-large footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.

Desired Form
Primarily Block-Scale Buildings
Primarily Attached Buildings
Medium-to-Large Building Footprint
Small Front Setbacks
Small Side Setbacks
Up to 5 Stories
27 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 353
Table 2.030.A: Overview of ODS Zones (Continued)
T5 Main Street 2.080
Zone Abbreviation
T5MS
Intent
A walkable district of medium-to-large footprint, mixed-use buildings and housing choices, supporting neighborhood- serving ground floor retail, food and services.

Desired Form
Block-Scale Buildings
Primarily Attached Buildings
Medium-to-Large Building Footprint
Small-to-None Front Setbacks
Small-to-None Side Setbacks
Up to 5 Stories
More Urban
28 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 354

2.040 T3 Neighborhood (T3N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

Table 2.040.A Intent
A walkable neighborhood environment of small-to-medium
footprint, low-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
29 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 355
Table 2.040.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Duplex Side-by-Side 60' min. 110' min.

Duplex Stacked 50' min. 100' min.

Cottage Court 90' min. 120' min.

Townhouse 25' min. 100' min.

Design Site
Each design site shall have only one primary building type.

Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Subsection 3.040 (Large Sites).

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.

Table 2.040.C Building Form
Primary Building
Stories 3 max.

To Highest Eave/Parapet 35' max.

Overall 40' max.

Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.

Common entries may be set at grade in compliance with
local and federal accessibility standards.

Habitable Space on Ground Floor along front facade
Depth 12' min. Cottage Court
30' min. All Other Building
Types
Ground Floor Clear Height
Residential Uses 9' min.

Non-Residential Uses 10' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.

Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.040.1
Figure 2.040.2
30 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.040: T3 Neighborhood (T3N) 356
Table 2.040.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 15' min. 25' max.

Side Street (Facade Zone) 15' min. 25' max.

Side 7' min.

Rear 20' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.

Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.

No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 10 feet.

Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:

Front 60% min. exclusive of setbacks
Side Street 50% min. exclusive of setbacks
Table 2.040.E Frontages
Allowed Frontage Types Standards
Porch Projecting 6.040
Porch Engaged 6.050
Dooryard 6.060
Stoop 6.070
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.040.3
31 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.040: T3 Neighborhood (T3N) 357
Front Street (Narrowest Side)
Side Street
min.
min.min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.040.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,000 sf 0 min.
≥ 1,000 sf 1.5 min. per 1,000 sf above first
1,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 45' min.

Side Street 25' min.

Side 5' min.

Rear 5' min.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.

Driveway
Curb Cut/Width
One-Way 12' max.

Two-Way Not Allowed
Curb cut width may exceed allowed max. width along alley.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Driveway access on corner design sites required from side street or rear.

Figure 2.040.4
32 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.040: T3 Neighborhood (T3N) 358

2.050 T4 Neighborhood (T4N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

Table 2.050.A Intent
A walkable neighborhood environment of small-to-medium
footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
33 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 359
ROW Line
Key
ROW Line
Table 2.050.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Multiplex Small 60' min. 110' min.

Townhouse 18' min. 100' min.

Courtyard Building Small 100' min. 150' min.

Design Site
Each design site shall have only one primary building type.

Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.

Table 2.050.C Building Form
Primary Building
Stories 4 max.

To Highest Eave/Parapet 45' max.

Overall 50' max.

Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.

Common entries may be set at grade in compliance with
local and federal accessibility standards.

Habitable Space on Ground Floor along front facade
Depth 30' min.

Ground Floor Clear Height
Residential Uses 9' min.

Non-Residential Uses 10' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.

Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW/ Design Site Line
Key
Figure 2.050.1
Figure 2.050.2
34 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.050: T4 Neighborhood (T4N) 360
Table 2.050.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 10' min. 20' max.

Side Street (Facade Zone) 10' min. 20' max.

Side 5' min.

Rear 20' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.

Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.

No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 8 feet.

Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:

Front 65% min. exclusive of setbacks
Side Street 55% min. exclusive of setbacks
Table 2.050.E Frontages
Allowed Frontage Types Standards
Porch Projecting 6.040
Porch Engaged 6.050
Dooryard 6.060
Stoop 6.070
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.050.3
35 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.050: T4 Neighborhood (T4N) 361
Front Street (Narrowest Side)
Side Street
min.
min.min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.050.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,500 sf 0 min.
≥ 1,500 sf 1.5 min. per 1,000 sf above first
1,500 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 40' min.

Side Street 20' min.

Side 5' min.

Rear 5' min.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.

Driveway
Curb Cut/Width
One-Way 10' max.

Two-Way Not Allowed
Curb cut width may exceed allowed max. width along alley.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Driveway access on corner design sites required from side street or rear.

Figure 2.050.4
36 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.050: T4 Neighborhood (T4N) 362

2.060 T4 Main Street (T4MS)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

Table 2.060.A Intent
A walkable district of medium footprint, moderate intensity, mixed-use buildings and housing choices, supporting
neighborhood-serving ground floor retail, food and services. 37 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 363
Table 2.060.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Courtyard Building Small 100' min. 140' min.

Block-Scale
Townhouse 18' min. 100' min.

Main Street Building 25' min. 100' min.

Design Site
Each design site shall have only one primary building type.

Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.

Table 2.060.C Building Form
Primary Building
Stories 3 max.

To Highest Eave/Parapet 35' max.

Overall 40' max.

Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.

Common entries may be set at grade in compliance with
local and federal accessibility standards.

Habitable Space on Ground Floor along front facade
Depth 30' min.

Ground Floor Clear Height
All Uses 12' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.

Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.060.1
Figure 2.060.2
38 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.060: T4 Main Street (T4MS) 364
Table 2.060.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 0' min. 10' max.

Side Street (Facade Zone) 0' min. 10' max.

Side 0' min.

Rear 10' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.

Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.

Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 5 feet, but shall not encroach within public ROWs.

Upper stories Architectural Features on Front and Side
Street are allowed to encroach within public ROWs with a 10' min. of clearance.

Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:

Front 80% min. exclusive of setbacks
Side Street 70% min. exclusive of setbacks
Table 2.060.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Stoop 6.070
Forecourt 6.080
Shopfront 6.090
Terrace 6.100
Gallery 6.110
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.

ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.060.3
39 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.060: T4 Main Street (T4MS) 365
Front Street (Narrowest Side)
Side Street
min.
min.min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.060.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 0.75 min. per unit
2 or More Bedrooms 1.25 min. per unit
Allowed Non-Residential Uses per Building
≤ 3,00 sf 0 min.
≥ 3,000 sf 1.5 min. per 1,000 sf above first
3,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 30' min.

Side Street 10' min.

Side 0' min.

Rear 5' min.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.

Driveway
Curb Cut/Width
One-Way 10' max.

Two-Way 14' max.

Curb cut width may exceed allowed max. width along alley.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Driveway access on corner design sites required from side street or rear.

Figure 2.060.4
40 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.060: T4 Main Street (T4MS) 366

2.070 T5 Neighborhood (T5N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

Table 2.070.A Intent
A walkable neighborhood environment with medium-to-large footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
41 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 367
Table 2.070.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Multiplex Large 60' min. 110' min.

Block-Scale
Townhouse 18' min. 60' min.

Courtyard Building Large 110' min. 180' min.

Design Site
Each design site shall have only one primary building type.

Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.

Table 2.070.C Building Form
Primary Building
Stories 5 max.

To Highest Eave/Parapet 60' max.

Overall 65' max.

Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.

Common entries may be set at grade in compliance with
local and federal accessibility standards.

Habitable Space on Ground Floor along front facade
Depth 30' min.

Ground Floor Clear Height
Residential Uses 9' min.

Non-Residential Uses 12' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.

Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW Line
ROW/ Design Site Line
Key
Figure 2.070.1
Figure 2.070.2
42 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.070: T5 Neighborhood (T5N) 368
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.

Table 2.070.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 10' min. 15' max.

Side Street (Facade Zone) 10' min. 15' max.

Side 5' min.

Rear 15' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.

Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.

No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 8 feet.

Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:

Front 75% min. exclusive of setbacks
Side Street 65% min. exclusive of setbacks
Table 2.070.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Stoop 6.070
Forecourt 6.080
Terrace 6.100
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.070.3
43 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.070: T5 Neighborhood (T5N) 369
Front Street (Narrowest Side)
Side Street
min.
min.min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.070.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,500 sf 0 min.
≥ 1,500 sf 1.5 min. per 1,000 sf above first
1,500 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 35' min.

Side Street 15' min.

Side 5' min.

Rear 5' min.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.

Driveway
Curb Cut/Width
One-Way 10' max.

Two-Way 14' max.

Curb cut width may exceed allowed max. width along alley.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Driveway access on corner design sites required from side street or rear.

Figure 2.070.4
44 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.070: T5 Neighborhood (T5N) 370

2.080 T5 Main Street (T5MS)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.

Table 2.080.A Intent
A walkable district of medium-to-large footprint, mixed-use buildings and housing choices, supporting neighborhood- serving ground floor retail, food and services.
45 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.080: T5 Main Street (T5MS) 371
Table 2.080.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
Block-Scale
Courtyard Building Large 90' min. 170' min.

Main Street Building 25' min. 100' min.

Design Site
Each design site shall have only one primary building type.

Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.

Table 2.080.C Building Form
Primary Building
Stories 5 max.

To Highest Eave/Parapet 60' max.

Overall 65' max.

Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.

Common entries may be set at grade in compliance with
local and federal accessibility standards.

Habitable Space on Ground Floor along front facade
Depth 30' min.

Ground Floor Clear Height
All Uses 14' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.

Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.080.1
Figure 2.080.2
46 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.080: T5 Main Street (T5MS) 372
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.

Table 2.080.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 0' min. 5' max.

Side Street (Facade Zone) 0' min. 5' max.

Side 0' min.

Rear 10' min.

Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.

Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.

Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 5 feet, but shall not encroach within public ROWs.

Upper stories Architectural Features on Front and Side
Street are allowed to encroach within public ROWs with a 10' min. of clearance.

Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:

Front 80% min. exclusive of setbacks
Side Street 70% min. exclusive of setbacks
Table 2.080.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Forecourt 6.080
Shopfront 6.090
Terrace 6.100
Gallery 6.110
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.080.3
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.080: T5 Main Street (T5MS) 373
Front Street (Narrowest Side)
Side Street
min.
min.min. min.

ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.080.F OnVehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 0.75 min. per unit
2 or More Bedrooms 1.25 min. per unit
Allowed Non-Residential Uses per Building
≤ 5,00 sf 0 min.
≥ 5,000 sf 1.5 min. per 1,000 sf above first
5,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 40' min.

Side Street 30' min.

Side 0' min.

Rear 5' min.

Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.

Driveway
Curb Cut/Width
One-Way 10' max.

Two-Way 14' max.

Curb cut width may exceed allowed max. width along alley.

Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.

Driveway access on corner design sites required from side street or rear.

Figure 2.080.4
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2.090 Allowed Uses
Refer to the underlying zone for the allowed uses and standards in Title 18, Division III. Base District Regulations.
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3.010 Purpose
This Section provides standards to ensure that new development accomplishes the following:

1. Makes a positive contribution to the development pattern of the area;

2. New or altered structures are compatible with the design and use of existing structures on neighboring properties;

3. Respects the existing conditions of neighboring properties; and

4. Does not adversely affect neighboring properties, with "adversely affect" meaning to impact in a substantial, negative manner the habitability of these properties.

Section 3: Site Standards
Subsections:

3.010 Purpose

3.020 Screening

3.030 Parking

3.040 Large Sites
51 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 377

3.020 Screening

1. Intent. This Subsection provides standards for screening, fences, and walls for the protection of property, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment.

2. Height Standards for Screening. Except for wall- and ground-mounted equipment that is not visible from the public right-of-way or abutting design sites, all equipment shall comply with the following:

A. Screening Height Maximums. Screening shall not exceed the maximums identified in Table 3.020.A (Maximum Height Allowed).

B. Screening Height Measurement. Screening height shall be measured as the vertical distance between the finished grade at the base of the screen and the top edge of the screen material.

Table 3.020.A: Maximum Height Allowed
ODS zone Item Maximum Height Allowed
Front Side St. Side Rear
T3N Fences 3' max. 3' max. 6' max. 6' max.

Free Standing Walls 3' max. 3' max. 6' max. 6' max.

Mechanical Equipment 1 X X 6' max. 6' max.

Refuse Storage Areas X X 6' max. 6' max.

Landscaping 2 4' max. 4' max. No max. No max.

T4N Fences 3' max. 3' max. 6' max. 6' max.

Free Standing Walls 3' max. 3' max. 6' max. 6' max.

Mechanical Equipment 1 X X 6' max. 6' max.

Refuse Storage Areas X X 6' max. 6' max.

Landscaping 2 4' max. 4' max. No max. No max.

T4MS Fences X X 6' max. 6' max.

Free Standing Walls X X 6' max. 6' max.

Mechanical Equipment 1 X X 6' max. 6' max.

Refuse Storage Areas X X 6' max. 6' max.

Landscaping 2 3' max. 3' max. No max. No max.

T5N Fences 3' max. 3' max. 6' max. 6' max.

Free Standing Walls 3' max. 3' max. 6' max. 6' max.

Mechanical Equipment 1 X X 6' max. 6' max.

Refuse Storage Areas X X 6' max. 6' max.

Landscaping 2 4' max. 4' max. No max. No max.

T5MS Fences X X 6' max. 6' max.

Free Standing Walls X X 6' max. 6' max.

Mechanical Equipment 1 X X 6' max. 6' max.

Refuse Storage Areas X X 6' max. 6' max.

Landscaping 2 3' max. 3' max. No max. No max.
1 Max. allowed height may be exceeded to the highest point of the equipment 2 Excludes trees
Key X = Item Not Allowed
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3. Courtyard Screening
A. Fences, walls and other screening installed to create a courtyard without a roof shall be set back a minimum of 10 feet from the front property line or back of sidewalk, whichever is the least.

4. Equipment Screening
A. The following mechanical equipment is exempt from screening:
(1) Free-standing or roof-mounted solar equipment; and
(2) Vents less than two feet in height.

B. For new installation or relocation of existing mechanical equipment, the equipment shall be screened.
(1) Roof-Mounted Equipment. Building parapets or other architectural elements in the building’s architectural style shall screen roof-mounted equipment. (a) New buildings shall be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building; and
(b) For existing buildings with no parapet less than two feet in height, mechanical equipment shall be surrounded on all sides by an opaque screen wall as tall as the highest point of the equipment. The wall shall be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. (2) Wall- and Ground-Mounted Equipment
(a) Equipment and screening shall be in compliance with the setbacks of the ODS zone. (b) Screening shall be architecturally compatible and include matching paint, finish, and trim cap of the building.

5. Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured.

6. Barbed Wire and Razor Wire. Barbed wire and razor wire screening are not allowed. 53 Site Standards
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7. Safety. Fences, walls, and other screening and landscaping, whether provided in compliance with the provisions of this Subsection or provided in addition to those provisions, are subject to review by the Traffic Engineer in the following areas to ensure that visibility is maintained:

A. Within 10 feet of the point of intersection of:
(1) A vehicular access way or driveway and a street; and/or (2) A vehicular access way or driveway and a sidewalk.

B. Within 20 feet of the point of intersection of two or more vehicular access ways, including driveways, alleys, or streets.

C. As used in this Subsection, "point of intersection" is measured from the face of curb or if none, from the edge of pavement.

8. Maintenance. Fences, walls, and other screening shall be maintained erect and in a state of good repair.

A dilapidated, dangerous, or unsightly fence or wall shall be repaired, replaced, or removed, as the situation may warrant.

3.030 Parking

1. Intent. This Subsection prescribes standards for motor vehicle and bicycle parking areas, access drives, and standards for reducing motor vehicle trips per capita to and from development. These standards are intended to ensure that new development accomplishes the following:

A. Consistency with the intended physical character of walkable environments; B. Provision of bicycle parking to increase bicycle trips and reduce motor vehicle trips per capita; and C. Appropriately limits, screens, and landscapes motor vehicle parking areas to protect and enhance the environmental and visual quality of the community, enhance privacy, attenuate noise, and control dust.

2. Parking Categories
A. On-site parking. On-site parking is allowed in all ODS zones per Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone subject to the standards in this Subsection .

B. Off-site parking. Off-site parking is only allowed in developments of at least 5 acres per Subsection 3.040 (Large Sites) .

3. Bicycle Parking Standards. Bicycle parking shall be provided in compliance with Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone.

4. General Vehicular Parking Standards
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A. Sharing of On-Site Parking. Sharing of parking between different uses and developments is allowed.

B. Sharing of Non-Residential Parking Required. If on-site parking spaces for non-residential uses are provided, such spaces shall be made available for use by the general public during at least one of the following time periods:
(1) Monday through Friday, 8 AM to 5 PM; or
(2) Monday through Friday, 5 PM to 11 PM and all day on Saturday and Sunday.

5. Number of Motor Vehicle Parking Spaces Required
A. Required Spaces. The minimum number of on-site parking spaces required is listed in Table F (On- Site Vehicular and Bicycle Parking) of the ODS zone.
(1) Parking Spaces for the Handicapped shall meet the requirements of the California Administrative Code (Title 24, Part 2, Chapter 2-71).

B. Required Number of Parking Spaces
(1) When calculating the required number of parking spaces, numbers shall be rounded down to the closest whole number.
(2) Parking systems that stack individual vehicles are counted as three spaces for every horizontal space identified.
(3) Calculating Required Parking for a Mixed-Use Development. For a building with residential and non-residential uses, shared parking shall be calculated as follows. The sum of the required parking for the two use types as stated in Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone shall be divided by the factor listed in Table 3.030.A (Shared Parking Factor for Two Uses). The required number of parking spaces shall be rounded up to the closest whole number.

Table 3.030.A: Shared Parking Factor for Two Uses
Residential Lodging Office Retail
Residential 1.0 1.1 1.4 1.2
Lodging 1.1 1.0 1.7 1.3
Office 1.4 1.7 1.0 1.2
Retail/
Commercial

1.2 1.3 1.2 1.0
C. Exception in the Event of Changes of Use or Alterations to Existing Buildings or Structures. If an existing building or structure is altered or existing land uses are changed, the existing number of parking spaces on a property may be retained, even if the resulting building, structure or land use would ordinarily be subject to a lower maximum parking allowance.

6. Electric Vehicle Charging. Electric vehicle charging facilities shall be provided in compliance with CA Green Standards Building Code, Title 24, Part 11.
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7. Traffic-Reducing Parking Standards
A. Carshare Parking Spaces
(1) Carshare parking spaces shall be provided in the amounts specified in Table 3.030.B (Required Carshare Parking Spaces).

Table 3.030.B: Required Carshare Parking Spaces
Residential Uses Carshare Parking Spaces Required
0-49 units None
50-100 units 1
101 or more units 2 + 1 per additional 200 units
Office/Research & Development Uses Carshare Parking Spaces Required ≤ 10,000 sf None
> 10,000 sf 1 per 10,000 sf
(2) The required carshare space(s) shall be made available, at no cost, to a carshare service for purposes of providing carshare services to its members. At the election of the property owner, the carshare spaces may be provided:
(a) On the design site; or
(b) On another off-street site within 1,000 feet of the design site. (3) Required carshare space or spaces shall be designed in a manner that will make the spaces accessible to non-resident subscribers from outside the building as well as building residents. (4) If no carshare service can make use of the dedicated carshare parking spaces, the spaces may be occupied by non-carshare vehicles; provided, however, that upon 90 days of advance written notice to the property owner from a carshare service, the property owner shall terminate any non-carsharing leases for such spaces and shall make the spaces available to the carshare service for its use of such spaces.

B. Carpool Spaces. If parking is provided at a development, parking spaces reserved for use by carpool/vanpool vehicles shall be designated in preferred locations (including, but are not limited to, closest to building entries). The locations of these spaces shall be approved by the City. The minimum number of carpool spaces required is listed in Table 3.030.C (Required Carpool Parking Spaces).

Table 3.030.C: Required Carpool Parking Spaces
Office/Research & Development Uses Carpool Parking Spaces Required ≤ 40 parking spaces None
> 40 parking spaces 10% of the total number of spaces
Other Uses Carpool Parking Spaces Required
All Other Uses None
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C. Parking Costs Unbundled from the Cost of Other Goods and Services (1) Residential Uses. All off-street parking spaces accessory to residential uses in structures of four dwellings or more shall be leased or sold separately from the rental or purchase fees for dwellings for the life of the dwellings, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwellings. (2) Non-Residential Uses. All off-street parking spaces accessory to non-residential uses shall be leased or sold separately from the rental or purchase fees for non-residential building space for the life of the building, such that potential renters or buyers have the option of renting or buying building space at a price lower than would be the case if there were a single price for both the building space and the parking space.
(3) Exception. Off-street parking spaces accessory to retail uses are not required to be leased or sold separately from retail space and may be offered to shoppers and other visitors free of charge for stays of up to two hours.

8. Parking Spaces, Design and Layout
A. Access. On-site parking areas shall be accessed per the following:
(1) Parking shall be designed with an appropriate means of vehicular access to a street or to an alley to cause the least interference with traffic flow.
(2) Ingress to and egress from parking spaces shall be from an on-site aisle or driveway, directly from the front, side street, public alley, or rear lane. (3) On-site loading space(s) is not required.

B. Driveways
(1) Access to Driveways
(a) Driveway access to and from developments of two or fewer dwelling units onto public streets shall be where practical by forward motion of the vehicle; and (b) Driveway access to and from developments of three or more dwelling units onto public streets shall be by forward motion of the vehicle.
(c) Minimum 30 feet separation between driveways for all uses except developments of two or fewer dwelling units.
(d) Driveways shall comply with the Contra Costa County fire protection district for access road and fire lanes.
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(2) Number of Driveways. Table 3.030.D (Number of Driveways) specifies the maximum number of driveways for a development site based on the amount of lot frontage along arterial streets.

Table 3.030.D: Number of Driveways
Lot Frontage Maximum Number of Driveways
Up to 150' 1
150' to 299' 2
Each additional 300' 1
(3) Driveways shall be setback from design site lines as follows:
(a) Minimum two feet from side design site lines; and/or (b) No less than the minimum rear parking setback per the ODS zone. (4) Driveways shall extend to and include the area between the design site line and the edge of the street pavement.

C. Aisles. Table 3.030.E (Aisle Widths) specifies the minimum dimensions for a aisles based on the angle for the parking spaces.
(1) Driveways shall comply with the Contra Costa County Fire Protection District for access road and fire lanes.

Table 3.030.E: Aisle Widths
Angle of Parking Space One-Way Traffic Two-Way Traffic
90 degrees 25' min. 25' min.
60 degrees 16' min. 23' min.
45 degrees 12' min. 22' min.
30 degrees 11' min. 21' min.
0 degrees 12' min. 24' min.

D. Parking Space Dimensions. Table 3.030.F (Parking Space Dimensions) specifies the minimum dimensions for parking spaces.

Table 3.030.F: Parking Space Dimensions
Use Width Depth
Residential 10' min. 20' min.

Non-Residential 9' min. 18' min.

All (Parallel Spaces) 10' min. 22' min.

E. Tandem Parking. Tandem parking is allowed in all ODS zones for all uses, subject to on-site management.

F. Identification as to Purpose and Location. On-site parking areas of four or more spaces shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features. 58 Site Standards
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G. Materials
(1) All parking area and driveway specifications to follow those specified by the Engineering Division of the City of Pittsburg.
(2) Parking area surfacing materials shall comply with all applicable Contra Costa County Fire Protection District Standards and City of Pittsburg Standard Details and Specifications.

H. Location
(1) On-site Parking. Location of on-site parking is regulated by the required setbacks in Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone and the following:
(a) Parking lots shall be separated at least by five feet from buildings to make room for a sidewalk, landscaping, and/or other planting between the building and the parking area; and (b) The required separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.
(2) Off-site Parking. Location of Off-site parking is regulated by the required plan in Subsection

3.030.9 (Off-site Parking Plan)
I. Size of Parking Lot. Parking lots larger than 10,000 square feet in size shall be broken down into smaller parking areas with planted landscape areas with a minimum width of 15 feet between them to minimize the perceived scale of the total field of stalls.

9. Off-site Parking Plan.

A. All Off-site Parking Plans shall comply with the following standards:
(1) A maximum of 150 feet of distance between parking and building entrances. 59 Site Standards
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3.040 Large Sites

1. Developments of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to be designed per standards identified in Items A through G.

2. Developments over 20 acres are required to be designed per standards identified in Items A through H.

A. Civic Space Required
(1) A minimum of 10 percent of the total development area, after subtracting street right-of-ways, is required, meeting or exceeding standards per Item D (Standards and Formula for Dedication of Land) in Section 17.32.020 (Park Dedication).
(2) See Section 7 (Civic Space Types) for allowed types.

B. Streets.
(1) Streets are to be applied to create walkable neighborhoods with redundant routes for vehicular, bicycle, and pedestrian circulation.
(2) New streets are required to meet the standards in Roadway Standard Details of the City Council Resolution 07-10785, City Standard Details and Specifications.

C. Alleys
(1) Existing alleys may be removed if street access is provided to the design sites on those blocks in compliance with the access standards of the ODS zone.
(2) Alleys may be added in compliance with Roadway Standard Details of the City Council Resolution 07-10785, City Standard Details and Specifications and in compliance with Table 3.040.A (Block Size).

D. External Connectivity
(1) The arrangement of streets shall provide for the alignment and continuation of existing or proposed streets into adjoining lands where the adjoining lands are undeveloped and intended for future development, or where the adjoining lands are undeveloped and include opportunities for such connections.
(2) Street rights-of-way shall be extended to or along adjoining property boundaries to provide a roadway connection or street stub for development, in compliance with Table 3.040.A (Block Size), for each direction (north, south, east, and west) in which development abuts vacant land. (3) Right-of-way stubs shall be identified and include a notation that all stubs are to connect with future streets on adjoining property and be designed to transition in compliance with Roadway Standard Details of the City Council Resolution 07-10785, City Standard Details and Specifications.
(4) New dead-end streets and cul-de-sacs are not allowed, except when the grade of the new street exceeds 15 percent.
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E. Block Size (New Blocks and Blocks to be Modified)
(1) Individual block lengths and the total block perimeter shall be in compliance with the standards in Table 3.040.A (Block Size).
(2) If a block contains multiple ODS zones, the most intense ODS zone is to be used to establish the standards for block size.
(3) Blocks shall be a minimum width to result in two halves of developable design sites in compliance with the design site depth standards for the allowed building types in the ODS zone.

A single half is allowed when adjoining an existing half-block. (4) Blocks may be uniquely shaped in compliance with the standards in Table 3.040.A (Block Size Standards).

Table 3.040.A: Block Size
Zone
Length Perimeter Length Perimeter
Without Passage Passage Required1
T3N 600' max. 2,000' max. 800' max. 2,400' max.

T4N 600' max. 2,000' max. 800' max. 2,400' max.

T4MS 450' max. 1,600' max. N/A N/A.

T5N 500' max. 1,800' max. N/A N/A
T5MS 450' max. 1,600' max. N/A. N/A
1 In compliance with the standards for a Passage in Subsection 7.060 (Passage) Figure 3.040.1 Block Size
Block Length
Block HalfBlock Half
Key
Block Perimeter Design Site
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F. Off-site Parking. Off-site parking is allowed, per standards in Subsection 3.030 (Parking) .

G. Stormwater Management
(1) Integrated Design
(a) Stormwater management is required through a system that is integral to the streetscapes and/or the civic and open space(s) in the development.
(b) The area(s) used for stormwater management is to be designed for both seasonal temporary on-site retention of stormwater and as public open space for the neighborhood(s) accessible to the public.
(c) The stormwater management area(s) may connect with those of adjacent development(s).

Figure 3.040.2 Stormwater Management Diagram

Key
Potential Area for Stormwater Management
Planted Swale
Civic Space Graded to also Accommodate Stormwater
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H. Applying ODS zones for Developments over 20 acres
(1) Developments shall apply at least two ODS zones using only the ODS zones established in Section 2 (Zone Standards) and in compliance with Table 3.040.B (Available Zones by General Plan Land Use Designation).
(a) Open sub-zones are allowed, but do not count as a second ODS zone. (2) Organization of zones.
(a) Low-intensity ODS zones (T3N, and T4N) shall be mapped around neighborhood streets, and open space.
(b) High-intensity ODS zones (T4MS, T5N, and T5MS) shall be mapped around a main street, civic or open space, transit stop, or civic building locations suitable for greater intensities. (c) Transitions between zones shall occur within the block or across alleys along the adjacent prevailing slope.

Table 3.040.B: Available Zones by General Plan Land Use Designation Zone Land Use Designation
Residential Downtown Mixed Use Commercial

MD HD MD HD CC D G
P/BP
BART
Railroad
Ave. SPA

D C M PI R S
T3N
T4N
T4MS
T5N
T5MS
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4.010 Purpose
This Section provides the standards for development of individual building types to achieve the intended physical character of each zone, offer housing choices and affordable housing opportunities, and incubate small businesses as amenities within walkable neighborhoods.

4.020 Building Types

1. Building types are used to articulate size, scale, and intensity according to the intent of each zone.

2. Building types are categorized into two groups: House-Scale Buildings and Block-Scale Buildings. See Figure 4.020.1 (Example of House-Scale and Block-Scale Buildings) for reference.

A. House-Scale Buildings. Buildings that are the size of a house, typically ranging in footprint from as small as 25 feet up to 80 feet in width overall; and
B. Block-Scale Buildings. Buildings that are individually as large as most or all of a block or, when arranged together along a street, appear as long as most or all of a block.

3. The design site size standards for each building type are set in each zone to generate pedestrian-oriented buildings within the overall intended physical character of each zone. The design site size standard identifies the range of design site sizes on which the given building type is allowed to be built.

4. Certain building types have additional standards beyond the zone standards to further calibrate the type for its context.

Section 4: Building Types
Subsections

4.010 Purpose

4.020 Building Types

4.030 Overview of Building Types

4.040 Duplex Side-by-Side

4.050 Duplex Stacked

4.060 Cottage Court

4.070 Multiplex Small

4.080 Multiplex Large

4.090 Townhouse

4.100 Courtyard Building Small

4.110 Courtyard Building Large

4.120 Main Street Building
65 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 391

5. Each design site shall have only one primary building type, except as follows, and in compliance with all standards:

A. The Cottage Court may consist of up to nine individual buildings. See Subsection 4.040 (Cottage Court);
B. More than one primary building type is allowed on a parcel that identifies proposed multiple design site lines that meet the standards of this Subsection. See Figure 4.020.2 (Example of Multiple Design Sites on One Parcel).
(1) Examples
(a) A parcel large enough to accommodate multiple design sites but smaller than the size of a block; or
(b) A parcel large enough to create one or more new blocks. See Subsection 3.050 (Large Sites) for standards.

6. On-site open space. The standards identify only the required type (private or common) and amount. For example, if the type only has standards for private open space, common open space is not required for that building type. The identified amount is for the entire building unless specified otherwise.

7. Parking may be designed as tuck-under, detached garage(s), podium or subterranean, in compliance with the zone standards for parking placement.

8. Wings are required to be smaller in size and height than the main body to visually reduce the overall size of a building. To further this objective, the standards specify the amount that wings are required to be offset from the main body so that their facades are not aligned.

9. The maximum number of units identified for each building type is dependent on the design site being large enough to accommodate the zone's standards (e.g., parking). These standards implement the Pittsburg General Plan and do not allow more residential density than what is allowed by the applicable General Plan Land Use category.

10. Individual designs may vary from the diagrams for each building type in compliance with the standards of this Section.

11. New buildings and their improvements are subject to the City's local standards for Fire Safety and Building Safety.
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Figure 4.020.1 Example of House-Scale and Block-Scale Buildings House-Scale Buildings
Main body only Main body only
Main body with side and rear wings Main body with rear wing Block-Scale Buildings
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Figure 4.020.2 Example of Multiple Design Sites on One Parcel Front Street
Side Street
One parcel
Front Street
Side Street
One parcel proposed for three design sites. Each design site is sized in compliance with the width and depth standards in Table C (Building Types and Design Site Size) of the ODS zone.

Front Street
Side Street
One parcel with three resulting primary buildings in compliance with required setbacks. Individual design sites are not required to be recorded as new parcels.

Larger examples of this approach are parcels that are large enough to make new block(s). See Subsection 3.050 (Large Sites) for standards.

Key
Parcel Line
Design Site Line
Primary Building Type
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4.030 Overview of Building Types
Table 4.030.A (Building Types Overview) provides an overview of the allowed building types in each zone. The names of the building types are not intended to limit uses within a building type. For example, a Duplex may have non-residential uses within it as allowed by the zone. See referenced Subsection(s) for standards.

Table 4.030.A: Overview of Building Types
Zones
Private Frontage
Type
Specific
Standards
T3N T4N T4MS T5N T5MS
Duplex Side-by-Side 4.040 P X X X X
Duplex Stacked 4.050 P X X X X
Cottage Court 4.060 P X X X X
Multiplex Small 4.070 X P X X X
Multiplex Large 4.080 X X X P X
Townhouse 4.090 P P P P X
Courtyard Building
Small

4.100 X P P X X
Courtyard Building
Large

4.110 X X X P P
Main Street Building 4.120 X X P X P
Key P = Allowed O = Allowed Only in Open Sub-Zone or Side Street X = Not Allowed 69 Building Types
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.030: Overview of Building Types 395
70 Building Types
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.040: Duplex Side-by-Side

4.040 Duplex Side-by-Side
Table 4.040.A Description
A small-to-medium-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two side-by-side units, both facing the street and within a single building massing. The type has the appearance of a single-unit house and is scaled to fit within lower-intensity neighborhoods.

Table 4.040.B Number of Units
Units per Building 2 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory.

Example of Duplex Side-by-Side
Example of Duplex Side-by-Side
Example of Duplex Side-by-Side
396
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.040: Duplex Side-by-Side ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Spaces
Key
BUILDING TYPE: POCKET NEIGHBORHOOD
BUILDING TYPE: DUPLEX, SIDE-BY-SIDE
Front Street
Side Street
Alley access required if alley exists
BUILDING TYPE: DUPLEX, SIDE-BY-SIDE
Front Street
Side Street
Alley access required if alley exists
Table 4.040.C Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 48' max.

Depth 36' max.

Wing(s)1
Width 15' max.

Depth 24' max.

Separation between Wings 10' min.

Offset from Main Body facade along
Front Street, Side Street, or Civic
Space
5' min. if 2 stories;
0' min. if 1 story
1 In compliance with Table E (Building Placement) of the ODS zone
Table 4.040.D Pedestrian Access
Main Entrance Location Front Street 2
Each unit shall have an entry facing the street on or within 15' of the front facade.
2 On corner design sites, each unit shall front a different street.

Table 4.040.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.040.F Open Space
Common Open Space
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open yard.

Required open space shall be located behind the main body of the building.

Table 4.040.G Miscellaneous
Fencing
Fencing only allowed around or between individual buildings and shall not exceed 36" in height.

Visibility shall be maintained through the fencing.
397
72 Building Types
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.050: Duplex Stacked

4.050 Duplex Stacked
Table 4.050.A Description
A small-to-medium-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two stacked units, both facing the street and within a single building massing. The type has the
appearance of a single-unit house and is scaled to fit within lower-intensity neighborhoods..

Table 4.050.B Number of Units
Units per Building 2 max.

Buildings per Design Site 1 max.

General Note: Photos on this page are illustrative, not regulatory.

Example of Duplex Stacked
Example of Duplex Stacked
Example of Duplex Stacked
398
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.050: Duplex Stacked Table 4.050.G Miscellaneous
Fencing
Fencing only allowed around or between individual buildings and shall not exceed 36" in height.

Visibility shall be maintained through the fencing.

ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Spaces
Key
BUILDING TYPE: POCKET NEIGHBORHOOD
BUILDING TYPE: DUPLEX, STACKED
Front Street
Alley access required if alley exists
Side Street
BUILDING TYPE: DUPLEX, STACKED
Front Street
Side Street
Alley access required if alley exists
Table 4.050.C Building Size and Massing
Height
Stories 2.5 max.

Main Body1
Width 36' max.

Depth 48' max.

Wing(s)1
Width 15' max.

Depth 24' max.

Separation between Wings 10' min.

Offset from Main Body facade along
Front Street, Side Street, or Civic
Space
5' min. if 2 stories;
0' min. if 1 story
1 In compliance with Table E (Building Placement) of the ODS zone
Table 4.050.D Pedestrian Access
Main Entrance Location Front Street 2
Each unit shall have an entry facing the street on or within 15' of the front facade.
2 On corner design sites, each unit shall front a different street.

Table 4.050.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.050.F Open Space
Common Open Space
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open space.

Required open space shall be located behind the main body of the building.
399

4.060 Cottage Court
Example of Cottage Court
Example of Cottage Court
Example of Cottage Court
Table 4.060.A Description
A group of three to nine small, detached, House-Scale
Buildings arranged to define a shared court open to and visible from the street. The shared court is common open space becoming an important community-enhancing
element. The type is scaled to fit within low-to-moderate- intensity neighborhoods and in non-residential contexts.

Synonym: Bungalow Court
Table 4.060.B Number of Units
Units per Cottage 1 max.

Cottages per Design Site 3 min.; 9 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.060: Cottage Court 400
Table 4.060.C Building Size and Massing
Height
Stories 1.5 max.

Main Body
Width 32' max.

Depth 32' max.

Separation between Cottages 7' min.

Table 4.060.D Pedestrian Access
Shared court shall be accessible from front street.

Pedestrian Path Setbacks from
Building Entrance
6' min.

Main entrance to units required from shared court.

Units on a corner may enter from the side street.

Pedestrian connections shall connect all buildings to the public ROW, shared court, and parking areas.

Table 4.060.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Spaces may be individually accessible by the units and/or common parking area(s) at rear or side of design site.

Table 4.060.F Open Space
Common Open Space
Width 15' min.

Depth 60' min. (3-4 units)
70' min. (5-9 units)
Required setbacks and driveways do not count toward open space.

Table 4.060.G Miscellaneous
Fencing
Fencing only allowed around or between individual buildings and shall not exceed 36" in height.

Visibility shall be maintained through the fencing.

Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Common Open Spaces
Key
BUILDING TYPE: POCKET NEIGHBORHOOD
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.060: Cottage Court 401

4.070 Multiplex Small
Example of Multiplex Small
Example of Multiplex Small
Example of Multiplex Small
Table 4.070.A Description
A small-to-medium-sized, detached, House-Scale Building that consists of three to six side-by-side and/or stacked units, typically with one shared entry or individual entries along the front. The type has the appearance of a medium- sized, single-unit house and is scaled to fit within low- to moderate-intensity neighborhoods.

Table 4.070.B Number of Units
Units per Building 3 min.; 6 max.

Buildings per Design Site 1 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.070: Multiplex Small 402
Table 4.070.C Building Size and Massing
Height
Stories 3 max.

Main Body
Width 48' max.

Depth 48' max.

Wing(s)1
Width 20' max.

Depth 20' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.
1Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Table 4.070.D Pedestrian Access
Main Entrance Location Front Street
Each unit may have an individual entry.

Table 4.070.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.070.F Open Space
Common Open Space 2
Width 15' min.

Depth 15' min.

Required setbacks and driveways do not count toward open space.

Required common open space shall be located behind the
main body of the building.
2 Common open space is not required if the building is within 800' of public open space
Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
Side StreetSide Street
BUILDING TYPE: MULTIPLEX SMALL
BUILDING TYPE: MULTIPLEX SMALL
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.070: Multiplex Small 403

4.080 Multiplex Large
Example of Multiplex
Example of Multiplex
Example of Multiplex
Table 4.080.A Description
A medium-to-large-sized, detached, House-Scale Building that consists of seven to 12 side-by-side and/or stacked units, typically with one shared entry. The type is scaled to fit within moderate-intensity neighborhoods.

Synonym: Mansion Apartment
Table 4.080.B Number of Units
Units per Building 7 min.; 12 max.

Buildings per Design Site 1 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.080: Multiplex Large 404
Table 4.080.C Building Size and Massing
Height T5N
Stories 3.5 max.

Main Body1
Width 60' max.

Depth 60' max.

Wing(s)1
Width 30' max.

Depth 30' max.

Separation between Wings 15' min.

Offset from Main Body 5' min.
1Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Table 4.080.D Pedestrian Access
Main Entrance Location Front Street
Units located in the main body shall be accessed by a
common entry along the front street.

On corner design sites, units in a wing may enter from the side street.

Table 4.080.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.080.F Open Space
Common or Private open space is not required.

Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
Side StreetSide Street
BUILDING TYPE: MULTIPLEX
At smaller scale (1"=50', others are 1"=40')
BUILDING TYPE: MULTIPLEX
At smaller scale (1"=50', others are 1"=40')
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.080: Multiplex Large 405

4.090 Townhouse
Example of Neighborhood Townhouse
Example of Neighborhood Townhouse
Example of Neighborhood Townhouse
Table 4.090.A Description
A small-sized, typically attached, House-Scaled or Block- Scaled Building with a rear setback. Each Townhouse
consists of one unit. As allowed by the zone, the type
may also be detached with minimal separations between
buildings. The type is typically located within low-to- moderate-intensity neighborhoods.

Synonym: Rowhouse
Table 4.090.B Number of Units
House-Scale T3N/T4N
Units per Townhouse 1 max.

Townhouses per Design Site 1 max.

Townhouses per Run 2 min.; 5 max.

Block-Scale T4MS/T5N
Units per Townhouse 3 max.

Townhouses per Design Site 1 max.

Townhouses per Run 4 min.; 8 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.090: Townhouse 406
Table 4.090.C Building Size and Massing
Height T3N/T4N T4MS/T5N
Stories 3 max.3 max.

Main Body1
Width per Townhouse 18' min.; 25' max.18' min.; 25' max.

Depth per Townhouse 50' max.50' max.

Width per Run 125' max. 200' max.

Wing(s)1
Width 14' max. 14' max.

Depth 14' max. 14' max.

Separation between Wings 10' min.10' min.
1 Height is limited to 1 story less than main body and 10' less to highest eave/parapet.

Table 4.090.D Pedestrian Access
Main Entrance Location Front Street
Each unit shall have an individual entry facing a street.

Table 4.090.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.090.F Open Space
Private Open Space
Width 8' min.

Depth 8' min.

Required setbacks and driveways do not count toward open space.

Required private open space shall be located behind the main body of the building.

Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
BUILDING TYPE: TOWNHOUSE- Neighborhood
BUILDING TYPE: TOWNHOUSE- Neighborhood
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
81 Building Types
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.090: Townhouse 407

4.100 Courtyard Building Small
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard
Table 4.100.A Description
A detached, House-Scale Building that consists of up
to 16 attached and/or stacked units, accessed from a
shared courtyard. The shared court is common open
space and takes the place of a rear setback. The type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods.

Synonym: Courtyard Apartment
Table 4.100.B Number of Units
Units per Building 10 min.; 16 max.

Buildings per Design Site 1 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.100: Courtyard Building Small 408
Table 4.100.C Building Size and Massing
Height
Stories 3 max.

Main Body1
Width 100' max.

Depth 100' max.

Table 4.100.D Pedestrian Access
Main Entrance Location 1 Courtyard or Street
1 The main entry of ground floor units shall be directly off of a courtyard or street, whichever is closer.

Table 4.100.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.100.F Open Space
Common Open Space L-shaped U-shaped
Width 20' min. 25' min.

Depth 30' min. 50' min.

Courtyard(s) shall be accessible from the front street.

Multiple courtyards are required to be connected via a
Passage through or between buildings.

Building shall define at least three walls of the courtyard.

Front of courtyard not defined by building shall be defined by 2'-6" to 5' tall wall with entry gate/door.

BUILDING TYPE: COURTYARD APARTMENT, Neighborhood
Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
BUILDING TYPE: COURTYARD APARTMENT, Neighborhood
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.100: Courtyard Building Small 409

4.110 Courtyard Building Large
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard
Example of Neighborhood Courtyard
Table 4.110.A Description
A detached, House-Scale Building that consists of up
to 24 attached and/or stacked units, accessed from a
shared courtyard. The shared court is common open
space and takes the place of a rear setback. The type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods.

Synonym: Courtyard Apartment
Table 4.110.B Number of Units
Units per Building 18 min.; 24 max.

Buildings per Design Site 1 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.110: Courtyard Building Large 410
Table 4.110.C Building Size and Massing
Height
Stories 5 max.

Main Body1
Width 120' max.

Depth 150' max.

Table 4.110.D Pedestrian Access
Main Entrance Location 1 Courtyard or Street
1 The main entry of ground floor units shall be directly off of a courtyard or street, whichever is closer.

Table 4.110.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.110.F Open Space
Common Open Space
Width 30' min.

Depth 50' min.

Courtyard(s) shall be accessible from the front street.

Multiple courtyards are required to be connected via a
Passage through or between buildings.

Building shall define at least three walls of the courtyard.

BUILDING TYPE: COURTYARD APARTMENT, LARGE
BUILDING TYPE: COURTYARD APARTMENT, LARGE
Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 4.110: Courtyard Building Large 411

4.120 Main Street Building
Example of Main Street Building
Example of Main Street Building
Example of Main Street Building
Table 4.120.A Description
A small-to-large-sized, Block-Scale Building, typically attached, but may be detached. The type is intended to
provide a vertical mix of uses with ground-floor retail, office, or service uses and upper-floor service or residential uses.

The type makes up the primary component of neighborhood and downtown main streets, therefore being a key
component to providing walkability.

Table 4.120.B Number of Units
Units per Building Unrestricted
Buildings per Design Site 1 max.

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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20234.120: Main Street Building 412
BUILDING TYPE: MIXED-USE
BUILDING TYPE: MIXED-USE
Table 4.120.C Building Size and Massing
Height T4MS T5MS
Stories 3 max. 5 max.

Main Body
Width 100' max. 200' max.

Depth 100' max. 200' max.

Table 4.120.D Pedestrian Access
Distance between Entries to
Ground Floor Shops
40' max.

Upper floor units shall be accessed by a common
entry along the front or side street.

Ground floor shops shall have individual entries along
the front or side street.

Ground floor units allowed along side streets are
required to be at least 30' from the front street.

Table 4.120.E Vehicle Access and Parking
Driveway and parking location shall comply with
standards in Table F (On-Site Vehicular and Bicycle
Parking) of the ODS zone.

Table 4.120.F Open Space
Common or private open space is not required.

Front Street
Front Street
Alley access required if alley exists
Alley access required if alley exists
Side Street
Side Street
ROW/ Design Site Line
Building Setback Line
Building
Key
ROW/ Design Site Line
Building Setback Line
Frontage
Private Open Space
Key
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414
Section 5: Massing and Facade
Articulation Standards
Subsections:

5.010 Purpose

5.020 Overview of Façade and Design Standards

5.030 Massing and Composition

5.040 Tripartite Facade Articulation

5.050 Architectural Recession(s)

5.060 Windows and Openings

5.010 Purpose
This Section provides standards intended to promote a pedestrian-scaled built environment by reducing the perceived mass of large buildings while allowing for creativity and innovation.

5.020 Overview of Façade and Design Standards
Table 5.020.A (Massing and Facade Articulation Standards Overview) provides an overview of the standards.

Table 5.020.A: Massing and Facade Articulation Standards Overview Standard
Building Length1
< 75' 75' to <100' 100'to <150' ≥150'

5.030 (Massing and Composition) N R R R

5.040 (Tripartite Facade Articulation) N R R R

5.050 (Architectural Recession(s)) N N R R

5.060 (Windows and Openings) N N R R
1 Building length includes main body and wings, as measured along street or civic space.

Key R = Required N = Not Required A = Allowed - = Not Allowed 89 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 415
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Elevation
Table 5.030.A Description
Standards for the articulation of building facades to ensure that new development is harmonious in scale with existing development.

Table 5.030.B Applicability
Buildings ≥75' long
Table 5.030.C General Character
New facades and facade modifications along a street
or civic space shall be designed to appear as multiple
buildings no greater than 75' in length and not repeating the same massing and composition.

Building facades shall be arranged in an orderly
composition of window bays/ openings based on
prevalent patterns of 3, 5 or 7 bays.

Facades shall be designed in an orderly symmetrical or
asymmetrical composition.

The pattern shall be visually expressed through the
spacing of openings, physical recesses, projections or
other techniques.

The pattern may include the ground floor and its
mezzanine.

5.030 Massing and Composition
3, 5, 7-bay facade
composition
Symmetric facade
composition
Asymmetric facade
composition
Figure 5.030.A: Diagram of Massing and Composition
90 Massing and Facade Articulation Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20235.030: Massing and Composition Massing and Facade Articulation Standards
416

5.040 Tripartite Facade Articulation
Table 5.040.A Description
This Subsection prescribes standards for the articulation of building facades to maintain visual quality. For new building facades, tripartite articulation is required, which is a method of visually organizing a building facade into three sections: a base, a middle and a top.

Table 5.040.B Applicability
Buildings ≥75' long
Table 5.040.C General Character
Combinations of colors, materials, and massing may be used to visually express a base, middle, and top.

New facades and facade modifications along a street or civic space shall be designed to visually express a base, middle, and top:

Building Base. The base shall be a minimum of one story in height. For buildings taller than 3 stories the base may be up to 2-stories tall.

Building Middle. The middle shall be a minimum of one- story in height.

Building Top. The top may include multiple stories
including building stepbacks but should not exceed the
height of the building's middle. Parapets, cornices and entablatures may be used to articulate the top.
@Bc to clean up
Figure 5.040.A: Diagram of Tripartite Facade Articulation 91 Massing and Facade Articulation Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 5.040: Tripartite Facade Articulation 417
Table 5.050.A Description
New facades and renovations along a street or civic space shall be designed to modulate the apparent size and scale of a building by recessing a portion(s) of the facade. Recessions shall be articulated using one or more frontage types to create a semi-public space, such as a forecourt or dooryard.

Table 5.050.B Applicability
Buildings ≥100' long
Table 5.050.C General Character
Frequency Minimum one recession every 75' in
facade length
Width 10' min.

Depth 10' min.

If ground floor is recessed, recession shall extend from ground to sky

5.050 Architectural Recession(s)
Figure 5.050.A: Diagram of Architectural Recessions
92 Massing and Facade Articulation Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20235.050: Architectural Recession(s) Massing and Facade Articulation Standards
418
Elevation
Plan
Elevation
Plan
Chamfer profile bay
window
Square profile bay
window

5.060 Windows and Openings
Table 5.060.A Description
This Subsection describes standards for the composition of window bays and openings.

Table 5.060.B Applicability
Buildings ≥100' long
Table 5.060.C General Character
New facades and facade modifications shall be designed
to include an orderly composition of window bays and
openings.

All building facades shall be designed to include square- or vertically-oriented windows and openings, including
groupings of windows and openings, coordinated with
the building facade composition as per Subsection 5.03
(Massing and Composition).

Location of balconies when used should be coordinated
with windows and doors on the facade, and with the
composition of bays on the building facade.

Buildings at least 100' in length along the street are required to include projected or recessed window bays.

Bay windows shall have either a square or a chamfer profile.

Figure 5.060.A: Diagram of Windows and Openings
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6.010 Purpose
This Section provides the standards for frontage types. Frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (setback or building).

6.020 Frontage Types

1. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a Porch may be used by non-residential uses including, but not limited to, a restaurant or office, as allowed by the zone.

2. Each building is required to include at least one private frontage type along the front street or adjacent civic space. Buildings with entries along a side street are required to include at least one private frontage type on those facades. The Cottage Court Building Type is only required to have frontages facing the court.

3. The habitable space on ground floor along front facade with a minimum depth as identified in Table D (Building Form) of the ODS zone, is required to be habitable/occupiable space in compliance with this Subsection.

4. Accessibility is provided through the allowed private frontage types for each zone. This requirement does not apply when base floor elevation (BFE) exceeds three feet from existing grade.

5. Private frontage types not listed in Table F (Frontages) of the ODS zone are not allowed in that zone.

6. Each building may have multiple private frontage types in compliance with the allowed types in Table F (Frontages) of the ODS zone.

7. Each private frontage type shall be located in compliance with the facade zone per Table E (Building Placement) of the ODS zone.

8. Standards are stated for the front and side street facades of a design site.

Section 6: Frontage Types
Subsections:

6.010 Purpose

6.020 Frontage Types

6.030 Overview of Frontage Types

6.040 Porch Projecting

6.050 Porch Engaged

6.060 Dooryard

6.070 Stoop

6.080 Forecourt

6.090 Shopfront

6.100 Terrace

6.110 Galler y
95 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 421

9. In addition to the ODS zone's standards, each private frontage is further refined through these standards to calibrate the type for its context.

6.030 Overview of Frontage Types
Table 6.030.A (Overview of Frontage Types) provides a summary of the allowed private frontage types in each ODS zone. See referenced Subsection(s) for standards.

Key P = Allowed X = Not Allowed
Table 6.030.A: Overview of Frontage Types
Zones
Private Frontage
Type
Specific
Standards
T3N T4N T4MS T5N T5MS
Porch Projecting 6.040 P P X X X
Porch Engaged 6.050 P P X X X
Dooryard 6.060 P P P P P
Stoop 6.070 P P P P X
Forecourt 6.080 X X P P P
Shopfront 6.090 X X P X P
Terrace 6.100 X X P P P
Gallery 6.110 X X P X P
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Table 6.040.A Description
The main facade of the building is set back from the front design site line with a covered structure encroaching
into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line.

Table 6.040.B Size
Width, Clear 15' min.1
Depth, Clear 8' min.

Height, Clear 8' min.

Stories 2 stories max.

Finish Level above Sidewalk 1' min.2
Pedestrian Access Width 3' min.
1 Reduce to 8' min. and maximum 1 story when applied to Cottage Court Building Type
2 Common entries may be set at grade per local and federal accessibility standards.

Table 6.040.C Miscellaneous
Porch shall be open on three sides and have a roof. Clear glass may be installed between the porch columns if the minimum size of individual panes is 1'.

6.040 Porch Projecting
Example of a Projecting Porch
Setback
Setback
ROW
ROW
Street
Street
ROW/ Design Site Line Setback Line
Key
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Table 6.050.A Description
A portion of the main facade of the building projects into the front setback to create an area for a covered structure that projects from the rest of the facade that is set back.

The resulting yard may be defined by a fence or hedge to spatially define the edge of the street. The Porch may be one or two stories and may have two or three adjacent
sides that are engaged to the building with at least one side open.

Table 6.050.B Size
Width, Clear 15' min.

Depth, Clear 8' min.

Height, Clear 8' min.

Stories 2 stories max.

Finish Level above Sidewalk 1' min.1
Pedestrian Access Width 3' min.

Encroachment area of building facade
Depth 6' max.

Width2 1/3 min. of overall
building facade.
1 Common entries may be set at grade per local and federal accessibility standards.
2 Encroachment width may not exceed width of Porch (A).

Table 6.050.C Miscellaneous
Porch shall be open on two sides and have a roof. Clear glass may be installed between the porch columns if the minimum size of individual panes is 1'.

6.050 Porch Engaged
Example of an Engaged Porch
ROW StreetSetback
ROW StreetSetback
ROW/ Design Site Line Setback Line
Key
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Table 6.060.A Description
The main facade of the building is set back from the front design site line, which is defined by a low wall or hedge, creating a small private area between the sidewalk and
the facade. Each Dooryard is separated from adjacent
Dooryards. The Dooryard may be raised or at grade.

Table 6.060.B Size
Depth, Clear 6' min.

Length 15' min.

Distance between Glazing 4' max.

Depth of Recessed Entries 3' max.

Pedestrian Access Width 3' min.

Height of Dooryard Fence/Wall
above Finish Level
3' max.

Table 6.060.C Miscellaneous
Each Dooryard shall provide access to only one ground floor entry.

6.060 Dooryard
Example of a Dooryard
ROW/ Design Site Line Setback Line
Key
ROW StreetSetback
ROWSetback
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Table 6.070.A Description
The main facade of the building is near the front design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk- facing rooms. Stairs or ramps from the Stoop may lead
directly to the sidewalk or may be parallel to the sidewalk.

Table 6.070.B Size
Width, Clear 4' min.

Depth, Clear 3' min.

Finish Level above Sidewalk 1' min.1
Depth of Recessed Entries 8' max. Ω
1 Common entries may be set at grade per local and federal accessibility standards.

Table 6.070.C Miscellaneous
Entry doors shall be covered or recessed to provide shelter from the elements.

Gates are not allowed.

6.070 Stoop
Example of a Stoop
ROW/ Design Site Line Setback Line
Key
ROW StreetSetback
ROW StreetSetback
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Table 6.080.A Description
The main facade of the building is at or near the front design site line and a portion is set back, extending the public realm into the design site to create an entry court or shared garden space for housing, or an additional shopping or
restaurant seating area within retail and service areas.

Table 6.080.B Size
Width, Clear 15' min.

Depth, Clear 15' min.

Ratio, Height to Width 2:1 max.

Other frontages, awnings, and
balconies may encroach into all
sides of the Forecourt.

Max. 1/2 width of
Forecourt
Table 6.080.C Miscellaneous
Forecourts may be utilized to group several entries at a common elevation in compliance with the zones' ground
floor finish level standards.

The proportions and orientation of a Forecourt shall be in compliance with the diagram below for solar orientation and user comfort.

6.080 Forecourt
Example of a Forecourt with Shopfronts
ROW/ Design Site Line Setback Line
Key
width (w)
h<2w
height (h)
ROW StreetSetback
ROW StreetSetback
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Table 6.090.A Description
The main facade of the building is at or near the front design site line with at-grade entrance from the sidewalk. The type is intended for service, retail, or restaurant use and includes substantial glazing between the Shopfront base and the ground floor ceiling. This type may include an
awning that overlaps the sidewalk.

Table 6.090.B Size
Distance between Glazing 2' max.

Ground Floor Glazing between
Sidewalk and Finished Ceiling
Height
75% min.

Depth of Recessed Entries 5' max.

Shopfront Base 6" min.; 2' max.

Table 6.090.C Awning (Allowed/Not Required)
Depth 5' min.

Setback from Curb 2' min.

Height, Clear 10' min.

6.090 Shopfront
Example of a Shopfront
ROW/ Design Site Line Setback Line
Key
ROW/Setback Street
ROW/Setback Street
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Table 6.100.A Description
The main facade is at or near the front design site line with steps leading to an elevated area providing pedestrian
circulation along the facade to connect multiple entrances.

The type is used for retail, service, office uses, or housing to provide outdoor areas along the sidewalk and/or to
accommodate an existing or intended grade change.

Table 6.100.B Size
Depth of Terrace 8' min. residential
10' min. non-residential
Finish Level above Sidewalk 3' max.

Distance between Stairs 25' max.

Table 6.100.C Miscellaneous
May be utilized to group several entries at a common
elevation in compliance with the zones' ground floor finish level standards.

Ramps are required to be integrated along the terrace to connect multiple entrances of the building(s).

6.100 Terrace
Example of a Terrace with low-wall seating
ROW/ Design Site Line Setback Line
Key
ROW StreetSetback
ROW StreetSetback
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Table 6.110.A Description
The main facade of the building is set back from the
front design site line and an at-grade covered structure, articulated with colonnade or arches, overlaps the
sidewalk. The type may be one or two stories. When used in nonresidential settings, the Shopfront Type is included; when used in residential settings, Stoops, Dooryards, and Forecourts may be included as allowed by the zone.

Table 6.110.B Size
Depth, Clear 8' min.

Ground Floor Height, Clear 12' min.

Upper Floor Height, Clear 9' min.

Height 2 stories max.

Setback from Curb 18" min. (clear)
Table 6.110.C Miscellaneous
Habitable Space
Galleries shall also follow the standards of the Shopfront, see Subsection 6.090 (Shopfront).

Galleries shall have a consistent depth across the entire front and/or side street facade.

Galleries are allowed to project over the sidewalk in the public ROW.

The second story of the Gallery may be covered.

6.110 Gallery
Example of a two-story Gallery with an uncovered second story ROW/ Design Site Line Setback Line
Key
SidewalkROW Street
SidewalkROW Street
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7.010 Purpose
This Section establishes the standards applicable to new civic spaces. These standards supplement the standards for each zone. Civic space is land in the public realm (publicly or privately owned) for civic gathering purposes.

7.020 Civic Space Types

1. As required by Subsection 3.040 (Large Sites), design sites of least five acres are required to set aside a minimum area of 10 percent of the design site as civic space. One or more civic spaces may be used to meet the required area.

2. Each civic space is described as to its purpose and intent along with standards and characteristics regarding general physical character, uses, size and location. Characteristics are considered standards unless stated otherwise.

3. Public access and visibility is required along public parks, natural open spaces, and civic uses, including creeks and drainages and stormwater management areas, and shall be fronted by:

A. Single-loaded frontage streets (those with development on one side and open space on the other); B. Bike and pedestrian paths; or
C. Other methods of frontage that provide similar access and visibility to the open space allowed in the zone. Such access may be provided through public easements or other similar methods.

Section 7: Civic Space Types
Subsections:

7.010 Purpose

7.020 Civic Space Types

7.030 Overview of Civic Space Types

7.040 Pocket Park/Plaza

7.050 Playground

7.060 Passage

7.070 Greenway

7.080 Plaza
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4. The facades on building design sites attached to or across a street from a civic space shall be designed as a "front" on to the civic space. See Figure 7.020.1 (Building Frontage Adjacent to a Civic Space) for reference.

7.030 Overview of Civic Space Types
Table 7.030.A (Overview of Civic Space Types) provides a summary of the allowed civic space types by zone.

See referenced Subsection(s) for standards.

Key P = Allowed X = Not Allowed
Building Frontage
Building adjacent to Civic Space
Figure 7.020.1 Building Frontage Adjacent to a Civic Space Table 7.030.A: Overview of Civic Space Types
Zones
Private Frontage
Type
Specific
Standards
T3N T4N T4MS T5N T5MS
Pocket Park/Plaza 7.04 0 P P P P P
Playground 7.050 P P P P P
Passage 7.060 P P P P P
Greenway 7.070 P P X X X
Plaza 7.080 X X P P P
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Table 7.040.A Description
A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining.

Table 7.040.B Size and Location
Size 50' x 50' min.

Street required on one of the Pocket Park/Plaza's sides Facades on design sites attached to or across a street shall "front" on to the Pocket Park/Plaza.

7.040 Pocket Park/Plaza
Figure 7.020.1 Building Frontage Adjacent to a Civic Space Examples of a Pocket Park/Plaza
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Table 7.050.A Description
A small-scale space designed and equipped for the
recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets.

An open shelter, play structures, or interactive art and fountains may be included. Playgrounds may be included
within all other civic space types.

Table 7.050.B Size and Location
Size 40' x 60' min.

7.050 Playground
Examples of a Playground
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Table 7.060.A Description
A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another
public sidewalk. The pathway is lined by non-residential Shopfronts and/or residential ground floors and pedestrian entries as required by the zone.

Table 7.060.B Size and Location
Size 15' min. clear width between or
through buildings
Ground floor facades shall be in compliance with facade zone in Table E (Building Placement) and frontages allowed in Table F (Frontages) of the ODS zone.

7.060 Passage
Examples of a Passage
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Table 7.070.A Description
A multiple-block long linear space for community gathering and strolling for nearby residents and employees, defined by a tree-lined street on at least one side, sometimes
forming a one-way couplet on its flanks and by the fronting buildings across the street. Greenways serve an important role as a green connector between destinations.

Table 7.070.B Size and Location
Size 2 continuous blocks in length min.

Width 50' min.

Shall front at least one street

7.070 Greenway
Examples of a Greenway
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Table 7.080.A Description
A community-wide focal point primarily for civic purposes and commercial activities.

Table 7.080.B Size and Location
Size 100' x 100' min.

Street required one of the Plaza's sides
Facades on design sites attached to or across a street shall "front" on to the Plaza.

7.080 Plaza
Examples of a Plaza
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8.010 Purpose
This Section provides definitions for specialized terms and phrases used in this ODS. All other applicable definitions in Title 18 (Zoning) apply.

8.020 Definitions
A. Definitions
Abutting. Having a common property line or district boundary, or separated by a private or public street or easement.

Access or Service Drive. A public or private way of paving or right-of-way of not more than 30 feet affording means of access to property.

Access Frontage or Service Road or Street. A public or private street or right-of-way of not less than minimum standards as specified by the subdivision ordinance of the City affording means of access to property.

Adjacent. Sharing a common design site line, or having design site lines separated only by an alley.

Adjacent Buildings. Two or more buildings located upon adjacent design sites.

Alley. A public or private way to be used primarily for vehicular access to the back or side of a design site of real property that otherwise abuts a street.

Apartment, Efficiency. A dwelling unit in a multi-unit building, consisting of not more than one habitable room, excluding the kitchen or kitchenette and sanitary facilities, of a total floor area of not more than 400 square feet.

Applicant. Any individual, firm, or any other entity that applies to the City for the applicable permits to undertake any construction or development within the City.

Section 8: Definitions
Subsections:

8.010 Purpose

8.020 Definitions

8.030 Measurement Methods
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Architectural Feature. Exterior building element intended to provide ornamentation to the building massing including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fixtures, canopies, and balconies.

Attached Building or Structure. Any building or structure which is structurally a part of or has a common wall and/or continuous roof with a primary building or structure, except where such connection is a breezeway or walkway incidental to and not a necessary part of the construction of the primary building.

Awning. A roof or cover which projects from a wall of a building over a window or door, made of canvas, aluminum, or similar material, which may be fixed in place or be retractable.

B. Definitions
Basement. A story whose floor is more than 12 inches, but not more than half of its story height below the average level of the adjoining finished grade (as distinguished from a “cellar,” which is a story more than one-half below such level). A basement, when used as a dwelling, shall not be counted as a story for purposes of height measurement.

Bathroom. A room that contains all of the following features: a bathtub or shower, a washbowl, and a toilet.

Bay. Any division of a building between vertical lines or planes, especially the entire space included between two adjacent supports.

Bay Window. An architectural projection from the building cantilevered from the facade, consisting of one or more stories in height, containing at least 60 percent glass area.

Block. An area of land separated from other areas by adjacent streets, railroads, rights-of-way, public areas, or the subdivision boundary.

Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.

Block Length. The horizontal distance from the right-of-way on one end of the block to the right-of-way on the other end along the same street.

Block Perimeter. The aggregate of all sides of a block bounded by the abutting rights-of-way.

Block-Scale, Building. A building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.

Buildable Area. The horizontal area in which a building is allowed to be constructed.

Building Elevation. The exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.

Building Entrance. A point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.

Building Facade. The exterior wall of a building adjacent to a street, the front or side along a private street, or civic space.

1. Building Facade, Front. The exterior wall of a building adjacent to a street or civic space.

2. Building Facade, Side Street. The exterior wall of a building adjacent to a side street.

3. Building Facade, Interior Side. The exterior wall of a building adjacent to the interior design site line(s).
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4. Building Facade, Rear. The exterior wall of a building opposite the front.

Building Form. The overall shape and dimensions of a building.

Building Frontage. The facade(s) along the front and side street of the design site.

Building Frontage, Principal. The facade along the front of the design site, typically the narrower of sides and identified by an address.

Building, Primary. The building that serves as the focal point for all activities related to the principal use of the design site.

Building, Setback. See "Setback, Building."
Building Type. A structure defined by its combination of configuration, disposition, and function.

C. Definitions
Ceiling Height, Ground Floor. The height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms which include, but are not limited to: bathrooms, closets, utility rooms, and storage spaces.

Ceiling Height, Upper Floor(s). The height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms which include, but are not limited to:
bathrooms, closets, utility rooms, and storage spaces.

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. A cellar shall not be counted as a story, for the purpose of height standards.

Center. Concentration of ground floor shopping, restaurants, and services, with additional offices and housing located above, within a Walkable Urban context.

Chamfered Corner. An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, 45 degree angle creating a beveled edge to the building rather than a 90 degree corner.

Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.

Civic Building. A structure operated by governmental or not-for-profit organizations and limited to civic and related uses.

Civic Space. An outdoor area dedicated for public gathering and civic activities. See Section 7 (Civic Space Types).

Common Courtyard. An entry court, forecourt, or courtyard shared by multiple residential units or commercial spaces.

Common Open Space. An entry court, forecourt, courtyard, or other on-site open space shared by multiple residential units or non-residential units.

Common Space (syn. Common Area). A portion of a development held in common and/or single ownership, is not reserved for the exclusive use or benefit of an individual tenant or owner, and is available for use by all persons who reside or work in the building or on the design site. 117
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Communication Equipment Building. A building housing operating electrical and mechanical equipment necessary for the conduct of a communications business with or without personnel.

Communications Tower. Any structure which supports an antenna.

Community Center. A multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of the property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, design site map, or condominium plan. The condominium may be commercial, industrial, residential, or any combination. [ Civil Code §783, §1351(f)].

Corner Element. A physical distinction in a building at the corner of two streets or a street and public space.

Corner Entry. An entrance located on the corner of a building.

Cottage Court. See Subsection 4.060 (Cottage Court).

Council. The City Council of the City of Pittsburg.

Courtyard (syn. Court). An unroofed area that is completely or partially enclosed by walls or buildings on at least two sides and often shared by multiple residential units or non-residential units, not including off-street parking.

Courtyard Building, Large. See Subsection 4.110 (Courtyard Building Large).

Courtyard Building, Small. See Subsection 4.100 (Courtyard Building Small).

Coverage

1. Coverage, Accessory Structures. The sum of the footprint area of all structures on a design site.

2. Coverage, Building. The floor area of the largest story of a building divided by the total design site area.

3. Coverage, Design Site. The portion of the design site expressed as a percentage that is covered in buildings or other structures.

Co-working Space. A facilitated environment which may contain shared facilities including, but not limited to: conference rooms, reception services, phones, and other business amenities. Work spaces are used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community and to reduce duplicated costs by sharing facilities. The uses shall have externally observable attributes similar to uses allowed in the zone in which that they are located. Equipment is limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment. Such space located in a research & development building may use equipment consistent with research & development uses. Co-working space may be interchangeably referred to as “incubator space."
Cul-de-sac. A street which connects to another public street only at one end and is not planned for later extension.

Crawl Space. A shallow unfinished uninhabitable space beneath the floor or under the roof of a building, that provides access to utility, structural, and other building components not readily accessible from the habitable portions of the building.
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D. Definitions
Dangerous or Objectionable Elements. Any land or building structure used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or elements in such manner or in such amount as to adversely affect the surrounding area or adjoining premises.

Days. Calendar days unless this ODS specifies otherwise.

Defensible Space. A public, private, or semi-private residential environment whose physical characteristics—building layout and site plan—function to allow inhabitants themselves to become key agents in ensuring their security.

Department. Pittsburg's Planning Department.

Depth, Ground-Floor Space. The distance from the street-facing facade to the rear interior wall of the ground-floor space available to an allowed use.

Depth-to-Height Ratio. The relationship of the depth of a space measured perpendicular to a building divided by the average height of the buildings adjacent to the space.

Design Site. A portion of land within a parcel, delineated from other design sites and/or parcels to accommodate no more than one building type. The main purpose of a design site is to allow a parcel large enough to contain more than one building type to contain multiple building types while not requiring the legal subdivision of the parcel into additional parcels.

1. Design Site, Corner. A design site located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the design site is considered an interior design site.

2. Design Site, Flag. A design site not meeting minimum design site frontage standards and where access to a public or private street is provided by means of a long, narrow driveway between abutting design sites.

3. Design Site, Interior. A design site abutting only one street.

4. Design Site, Through. A design site with two or more frontage lines that do not intersect.

Design Site Area. The total square footage or acreage of horizontal area included within the design site lines.

Design Site Coverage. See "Coverage."
Design Site Depth. The horizontal distance between the front design site line and rear design site line of a design site measured perpendicular to the front design site line.

Design Site Line. The perimeter and geometry of a design site demarcating one design site from another.

1. Design Site Line, Front. One of the following:
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c. The frontage line generally perceived to be the front design site line in the case of a corner design site with three or more frontage lines, none of which are adjacent to a thoroughfare or a design site with independent frontage;
d. The frontage line adjacent to a thoroughfare in the case of a corner design site with two or more frontage lines, one of which is adjacent to a thoroughfare; e. The frontage line adjacent to a design site with independent frontage in the case of a corner design site with two or more frontage lines, one of which is adjacent to a design site with independent frontage; or
f. The frontage line adjacent to the front design site line of an adjacent design site in the case of a through design site.

2. Design Site Line, Rear. That design site line opposite the front design site line.

3. Design Site Line, Side. Design site lines connecting the front and rear design site lines.

Design Site Width. The horizontal distance between the design site lines measured perpendicular to the front design site line.

Detached. Separate or unconnected.

Development Site. The parcel(s) or portion(s) thereof on which proposed structures and improvements are to be constructed.

Diligently Pursued. Continued with constant or appropriate effort.

Display. An item or arrangement of items indoors that is not attached to a window, door or wall.

Disposition, Formal. Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.

Disposition, Informal. Composed in an informal character with a mix of formal and natural characteristics.

Disposition, Natural. A preservation of the existing natural condition or a composition of elements arranged as they would appear in nature, with irregular shapes and asymmetry.

Distance Between Entries. The horizontal distance between entrances to a building or buildings, measured parallel to the facade.

Dooryard. See Subsection 6.060 (Dooryard).

Drive-Through Service. Any business that either by design or operation provides services or products directly to occupants of a motor vehicle, except gasoline service stations.

Driveway. A vehicular lane within a design site, or shared between two design sites, usually leading to a garage, other parking, or loading area.

Dwelling, Group Living (syn. Co-housing). Dwellings designed for occupancy of groups living together and having a central dining facility.

E. Definitions
Elevated Ground Floor. A ground floor situated above the grade plane of the adjacent sidewalk.

Encroachment. Any architectural feature, structure, or structural element—including, but not limited to, a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace, or deck—that breaks the plane 120
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of a vertical or horizontal regulatory limit by extending: into a setback, beyond the build-to-line into the public frontage, or above a height limit.

Entry. An opening, including, but not limited to, a door, passage, or gate, that allows access to a building.

1. Entry, Primary. The opening that allows access to a building directly from the sidewalk along the front facade.

2. Entry, Service. An entrance located toward or at the rear of the building intended for the delivery of goods and removal of refuse.

Established Landscape. The point in time at which plants have developed roots into the soil adjacent to the root ball.

Establishment Period. The first year after installing a plant in a landscape.

External Employees. An employee who does not reside at his or her place of employment.

F. Definitions
Facade. See "Building Facade."
Facade Zone. The area between the minimum and maximum setback lines along the front of a design site and along the side street of a corner design site where the building facade is required to be placed.

The zone standards identify the minimum amount of facade to be placed in the facade zone. See Subsection 8.030 (Measurement Methods).

Facility. An improvement, structure, or building that is designed and used for a particular purpose.

Finish Level, Ground Floor. Height difference between the finished floor on the ground floor and the adjacent sidewalk. In the case of a terrace frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street. Standards for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in multi-unit buildings.

Flex Space. A room or group of internally connected rooms designed to accommodate an evolution of use over time in response to an evolving market demand. Typically designed to accommodate future commercial uses, while accommodating less intense short-term uses, including, but not limited to, residential or live/work, until the commercial demand has been established.

Flood Hazard. The threat of overflow stormwaters having the capability to flood lands or improvements, transport or deposit debris, scour the surface soil, dislodge or damage structures, or erode the banks of channels.

Floor Coverage. See “Coverage."
Floorplate. An area measurement in square feet of either the gross or the rentable floor area of a typical floor in a building.

Floorplate, Non-residential. The square footage area measurement of a floorplate dedicated to non- residential uses.

Floorplate, Residential. The square footage area measurement of a floorplate dedicated to residential uses.

Flow Rate. The rate at which water flows through pipes and valves, measured in gallons per minute or cubic feet per second.

Footprint Area. The total square footage contained within a footprint. 121
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Footprint, Building. The outline of the area of ground covered by the foundations of a building or structure.

Forecourt. See Subsection 6.080 (Forecourt).

Freestanding Wall. A wall that is separate from a building and supported by independent means.

Front. See "Design Site Line, Front."
Front Loaded. (Front Access). Design sites that provide vehicular access from the front of the design site.

Frontage, Private. The area between the building facade and the back of the sidewalk abutting a street (public or private) or public open space.

Frontage, Public. The area between the on-street parking and the back of the sidewalk.

Frontage Line. The design site line(s) of a design site fronting a street (public or private) or a civic space.

Frontage Type. A physical element configured to connect the building facade to the back of the sidewalk abutting a street or public open space depending on the intended physical character of the zone.

Furniture Area. An area of space that allows for the placement of furniture without restricting the movement of pedestrians.

G. Definitions
Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

Gallery. See Subsection 6.110 (Gallery).

General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: bicycle sales, service, and rental; bookstores, except adult bookstores; apparel and accessories; bakeries; and food stores.

Glazing. Openings in a building in which glass is installed.

Grade. The finished ground level at any point along the exterior walls of a structure. Where walls are parallel to and within five feet of a sidewalk, alley or other public way, the level above ground shall be measured at the elevation of the sidewalk, alley or public way. Also see "Grade, Finished." Grade, Finished. The final ground surface elevation after the completion of grading or other site preparation related to a proposed development that conforms to an approved Grading Permit or Building Permit. In cases where substantial fill is proposed, "finished grade" shall be established by the Director consistent with design sites in the immediate vicinity and shall not be, nor have been artificially raised to gain additional building height. Also see "Grade." Grade, Pre-Development. The grade of a design site prior to any site improvements related to the proposed development.

Grading. Earthwork performed to alter the natural contours of an area.

Green Building Practices. A whole-systems approach to the design, construction, and operation of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices including, but not limited to, those described in the LEED™ rating system recognize the relationship between natural and built environments 122
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and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive environment.

Greenway. See Subsection 7.070 (Greenway).

Ground Floor. The floor of a building located nearest to the level of the ground around the building.

Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.

Ground Floor Ceiling Height. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms including, but not limited to: bathrooms, closets, utility rooms, and storage spaces.

Gross Parking Area. The total area of parking space and drive included on a design site.

Gross Residential Acreage. The total area, measured in acres, included within the design site lines of a residential development.

Guest House. A detached structure accessory to a single dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

H. Definitions
Habitable Space. The portion of a building that is suitable for human occupancy.

Hardscape. Paving, decks, patios, and other hard, non-porous surfaces.

Height

1. Height, Number of Stories. The number of stories in a structure allowed above adjacent finished grade. See "Stories."

2. Height, Overall. The vertical distance between adjacent finished grade and the highest part of the structure directly above.

3. Height, Highest Eave/parapet. The vertical distance between adjacent finished grade and the highest eave or parapet of the building.

High Water-use or Non-drought-Tolerant Plant. A plant that will require regular irrigation for adequate appearance, growth, and disease resistance.

House-Scale Building. A building that is the size of a small-to-large house and detached from other buildings, typically ranging from 24 feet to as large as 80 feet overall, including wings.

I. Definitions
Impervious. The area of any surface that prevents the infiltration of water into the ground including, but not limited to, roads, parking areas, concrete, and buildings.

Improved. An area which has been paved or planted and is permanently maintained as such.

Improvement. The product of any modification to a site structure or building, not including maintenance or repairs.

Infill. The development of vacant land that was bypassed by earlier waves of development and is now largely surrounded by developed land.
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Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system, characteristics, and management practices.

Irrigated Landscape Area. An entire design site less the building footprint, driveways, non-irrigated portions of parking lots, and other hardscape areas. Landscape areas encompass all portions of a development site to be improved with planting and irrigation. They include water bodies including, but not limited to, fountains, swimming pools, and ponds. Natural open spaces without irrigation systems are not included.

J. Definitions
No specialized terms beginning with the letter J are defined at this time.

K. Definitions
No specialized terms beginning with the letter J are defined at this time.

L. Definitions
L-Shaped (syn. Ell). A horizontal form for the main body of a building or a massing composition, also referred to as an "Ell" which is an extension at a right angle to the length of a building.

Landing. A level area at the top or bottom of a staircase or between one flight of stairs and another.

Landscaping. Flowers, shrubs, trees, or other decorative material of natural origin.

LEED™ Rating System. The most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System, or other related LEED™ rating system, approved by the U.S. Green Building Council.

Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-unit dwelling or multiple-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1. Complete kitchen space and sanitary facilities; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

Living Area. The interior habitable area of a dwelling unit, including basements and attics, but not including garages or any accessory structure.

Loading Dock(s). A platform where cargo from vehicles can be loaded or unloaded.

Loading Spaces, Off-street. Permanently improved and maintained areas on the design site dedicated to loading and unloading of materials, equipment, and merchandise.

Lodging. See “Bed and Breakfast” or “Hotel or Motel."
Lot. See "Design Site."
Low-Water-Use or Extra Drought-Tolerant Plant. A plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance.

M. Definitions
Main Body. The primary massing of a primary building.

Main Facade. The front facade of a building.
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Main Street Building. See Subsection 4.120 (Main Street Building).

Major. Having a greater size, scope, effect, characteristic, or quality relative to the other corresponding sizes, scopes, effects, characteristics, or qualities; or being the greater of two or more.

Massing. The overall shape or arrangement of the bulk or volume of a building and structures.

Median. A planted or paved area which separates two roadways or divides a portion of a road into two or more lanes.

Minor. Having a lesser size, scope, effect, characteristic, or quality relative to the average size, scope, effect, characteristic, or qualities; or being the lesser of two or more.

Mixed-Use. Multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.

Mobile Home. A vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation, and which is in excess of 8 feet in width and in excess of 40 feet in length.

Moderate Water-Use or Semi-Drought-Tolerant Plant. A plant that can survive throughout the year with occasional irrigation.

Multiplex, Large. See Subsection 4.080 (Multiplex Large).

Multiplex, Small. See Subsection 4.070 (Multiplex Small).

Multi-Unit Building. A residential, non-residential, or mixed-use building in which there exists three or more separate units with direct exterior access and in which there are appurtenant shared facilities.

Distinguishing characteristics of a multi-tenant building or use may, but need not, include common ownership of the real property upon which the building or use is located, common wall construction, and multiple occupant use of a single structure.

N. Definitions
Neighborhood Center. A walkable environment that provides a mix of civic, institutional, and/or commercial uses.

New Construction. Structures for which the "start of construction" commenced on or after the effective date of this ODS.

Nonconforming Design Site. A design site that was legally created before the effective date of this ODS and does not comply with the minimum area, depth, width, or other applicable standards of the zone it is located.

Nonconforming Site Improvement. A site improvement (e.g., fences, landscaping, parking, walls, etc.) that conformed to the standards of the previous zoning that lawfully existed before the effective date of this ODS and does not conform to the present standards of the zone in which it is located.

Non-Street Frontage. Building facades that do not face a street or civic space. 125
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O. Definitions
ODS Zone (syn. Transect Zone). One of several zones mapped on the ODS Overlay Map. See Figure

2.020.1 (ODS Overlay Map).

Off-Street Parking. The area(s) located on a design site available for temporary storage of passenger vehicles, including a public or private parking lot where parking is the principal use of the property.

Open Space. See “Civic Space."
Open Space Easement. See “Scenic Easement or Open Space Easement." Open Structure. An accessory structure having a roof constructed of lattice or other roof material which allows light and air to pass through a minimum of 50 percent of the roof surface. Additionally, the sides of an open structure consist only of support posts and decorative or functional elements including, but not limited to, braces and railings such that light and air can pass through a minimum of 75 percent of each side. Open structures include but are not limited to trellises, trellis-like patio covers, and other shade structures. Play structures do not qualify as open structures, but are regulated as minor or major accessory structures.

Oriel Window (syn. Upper Story Bay Window). A window that projects from the building facade or elevation, located on upper floors and may extend for multiple stories.

Outdoor Storage Building. A building used primarily for storage of goods and materials, and uninhabitable.

Overhead Doors. Doors constructed in horizontally hinged Subsections that are equipped with hardware that rolls the Subsections into an overhead position, clear of the opening.

P. Definitions
Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Parcel, Nonconforming. A legally created parcel which does not conform with current standards for area, width, frontage or other such standards for the zone in which the parcel is located because of annexation or amendments to the title.

Park and Recreational Area, Public. Include playgrounds, public gardens, outdoor sports grounds, indoor sports structures within a park area, tot lots, passive park areas, and other areas of use to the general public for recreation or outdoor diversions, not including commercial recreation facilities (see “Commercial Recreation Facility.”)
Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

Parkway. That portion of a public right-of-way located between the outermost curb-lane driving lane and the farthest edge of the right-of-way.

Passage. See Subsection 7.060 (Passage).

Passageway. A pathway unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Path of Travel. A continuous, unobstructed way of pedestrian passage. 126
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Patio Cover. A one story, roofed structure, not more than 12 feet in height above adjacent finished grade, used only for recreational and/or outdoor living purposes, that may be attached or detached as an accessory structure to the primary building.

Pedestrian Shed. An area centered on a destination including, but not limited to, a civic space, civic building, or main street. Its size is limited by an average distance that may be traversed at an easy walking pace in a given amount of time from its center to its edge, about 1,500 feet. Pedestrian sheds are used for planning Walkable Urban areas.

Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians that typically includes most of the following elements:

1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2. Visibility into buildings at the street level;

3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

5. Signs oriented and scaled to the pedestrian rather than the motorist; and/or

6. Pedestrian orientation may also include: design amenities related to the street level including, but not limited to, awnings, paseos, and arcades; landscaping and street furniture.

Pedestrian-Oriented Businesses. General commercial businesses that allow customers to park once and complete multiple transactions and visits on foot in a context that encourages people to walk instead of drive.

Pedestrian-Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.

Pennant. Any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, in a series of three or more, designed to move in the wind.

Playground. See Subsection 7.050 (Playground).

Plaza. See Subsection 7.080 (Plaza).

Plot Plan. A plan for an individual residential design site within an approved subdivision. At a minimum, the plot plan shows the design site property lines with metes and bounds; street address; driveways; grading; proposed locations for structures; public and private improvements (e.g., utility service laterals); retaining walls; trees; and measurements to locate these improvements within the design site.

Podium. A continuous projecting base or pedestal under a building often occupied by parking.

Podium Top. A flat, elevated and open area above a podium that can be used as common area.

Pocket Park/Plaza. See Subsection 7.040 (Pocket Park/Plaza). 127
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Porch. A covered shelter projecting in front of the entrance of a building.

1. Porch, Engaged. See Subsection 6.050 (Porch Engaged).

2. Porch, Projecting. See Subsection 6.040 (Porch Projecting).

Pre-Development Grade. The grade of a design site prior to any site improvements related to the proposed development.

Premises. An area of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit.

Primary Building. See "Building, Primary."
Primary Living Space. A space within the primary building that is designed as a living room, dining room, or bedroom.

Private Open Space. The area required for each unit in some building types, provided as outdoor yard areas, patios, decks, and balconies, but excluding stairs, entrance decks, and/or landings. Does not include required setbacks.

Private Street. Any street not a public street.

Public Property. Any property publicly owned outside of the designated public right-of-way.

Public Street. A street for which the right-of-way is owned by or offered for dedication to the public and accepted by the City.

Q. Definitions
No specialized terms beginning with the letter Q are defined at this time.

R. Definitions
Rear. Opposite of front.

Rear-Loaded (syn. Rear Access). Vehicular access from the rear of the design site.

Recessed Entry. An entrance to a building that is set back from the facade of the building.

Recreational Area. Areas of active play or recreation including, but not limited to, sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

Relocation. The act or process of moving a structure or object from one property to another property or to a different location on the same property.

Renovation

1. A structural change to the foundation, roof, floor, or exterior of load-bearing walls of a facility, or the extension of an existing facility to increase its floor area.

2. Alteration of an existing facility including, but not limited to, significantly changing its function, even if such renovation does not include any structural change to the facility.

3. Remodeling of the building interior or exterior.

Residential. Premises used primarily for human habitation.

Residential Development. Any development that consists entirely of dwellings.

Right-of-Way (ROW). Land dedicated to transportation purposes and/or use by the general public. 128
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Rowhouse. See Subsection 4.090 (Townhouse).

Runoff. Water which is not absorbed by the soil to which it is applied. Runoff usually occurs when water is applied at too great a precipitation rate, when water is applied to saturated soils, or when water is applied to a steep slope.

S. Definitions
Satellite Dish Antenna. Parabolic or spherical antenna whose purpose is to receive and/or transmit radio communication signals to and/or from satellites.

Scenic Easement or Open Space Easement. An easement granted to the public whereby the owner relinquishes or limits the right to construct improvements on the land.

Second Unit. See “Dwelling, Second Unit.”
Semi-Public Utility Building. A building owned or operated by a non-profit organization, private institution, or foundation, and used to provide utility services to its members or those persons it serves.

Service Entries. Building access for service providers.

Service Facilities. On-site facilities that support grounds maintenance, landscaping, and minor repair service relative to a primary use.

Setback. The distance by which a structure, parking area, or other development feature is separated from a design site line, other structure, or development feature

1. Setback, Front. An area extending across the full width of the design site between the front design site line and the primary structure.

2. Setback, Rear. An area extending the full width of the design site between a rear design site line and the primary structure.

3. Setback, Side. An area between a side design site line and the primary structure extending between the front and rear setback.

Setback, Building. The mandatory clear distance between a design site line and a building.

Setback, Parking. The mandatory clear distance between a design site line and parking.

Setback, Non-Street Frontage. Any side or rear setback not contiguous to a public right-of-way. Such setback shall be measured laterally from the nearest part of that portion of a primary building facing said side or rear setback toward the nearest point of the design site line.

Shared Parking. Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shopfront. See Subsection 6.090 (Shopfront).

Shopfront Base. A very low wall , that does not include glass, between the display window(s) of a shopfront and the adjacent sidewalk.

Sidewalk. A paved area along a street intended exclusively for pedestrian use and often installed between a street and design site frontages.

Single-Loaded, Building. A building containing dwellings and/or commercial units without common hallways for access to the dwellings and/or units.

Site Plan. A base sheet that includes the basic information that will appear on all plans including, but not limited to, natural features, roads, buildings, or other structures to remain on-site. 129
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Special Architectural Elements. Church spires; belfries cupolas and domes; monuments; corner or entry towers on residential units; and other similar architectural elements.

Street, Front. Street located along the front design site line of a parcel.

Street, Side. Street located along a design site line of a parcel that is not along the front design site line.

Stoop. See Subsection 6.070 (Stoop).

Storefront. The majority portion of a shopfront frontage that consists of the display window and/or entrance and its components, including windows, doors, transoms, and sill pane.

Story. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade for more than 50 percent of the total perimeter, such basement or cellar shall be considered a story.

1. Story, First. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.

2. Story, Half (syn. Attic Story). A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. The half story is identified by the ".5" in the description of maximum height (e.g., 2.5). A half-story is considered a story when its top wall plates, on at least two opposite exterior walls, are four feet or more above the floor of such story.

3. Story, Mezzanine. A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story when it covers more than one-third of the area of the story directly underneath said mezzanine story.

Street. A public or permanent private thoroughfare which affords a primary means of access to design site(s).

1. Street, Front. Street located along the front design site line.

2. Street, Side. Street located along a design site line that is not the front design site line Street Frontage. The lineal length of that portion of a design site abutting a street.

Street Frontage, Principal. The length of the property line of any one premise parallel to and along the public right-of-way which it borders and which is identified by an officially assigned street address.

Street Tree. A tree planted in open spaces, parkways, sidewalk areas, easements, streets, and rights-of- way.

T. Definitions
Tandem Parking. A parking space deep enough to allow two cars to park, one behind the other.

Terrace. See Subsection 6.100 (Terrace).

Thoroughfares. A way for use by vehicular, pedestrian, and bicycle traffic that provides access to design sites and open spaces, and that incorporates vehicular lanes and public frontages.

Townhouse. See Subsection 4.090 (Townhouse).

Transect. A cross-Subsection of the environment showing a range of different habitats. The Natural- to-Urban Transect of the human environment is divided into multiple transect zones that describe the physical form and character of a place according to the intensity of its land use and urbanism.

Transect Zone. See "ODS Zone."
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Transit Station. A design site or structure used for the purpose of parking, loading, and unloading freight and passengers from train or bus transportation. May include parking facilities and other commercial amenities to service transit passengers.

Transit Stop. A location where buses stop to load and unload passengers, excluding a stop that is only utilized by a school bus route operated seasonally or only during school hours for the intended purpose of serving students. A transit stop may or may not include a shelter or a pullout.

Tur f. A surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, kikuyugrass, seashore paspalum, St. Augustinegrass, zoysiagrass, and buffalo grass are warm-season grasses.

U. Definitions
Understory. The smaller trees and shrubs below the canopy of large trees.

Unit. See "Dwelling Unit."
Upper Floor. A floor in a building containing habitable space that is located above the ground floor.

Usable Open Space. Common or private open space, excluding the following:

1. Required front setbacks;

2. Areas devoted to parking, driveways, and maneuvering areas;

3. Open space at grade less than 10 feet in its minimum dimension; and

4. Patios, balconies, or decks less than five feet in their minimum dimension.

V. Definitions
Visitability. A basic level of accessibility that enables persons with disabilities to visit others in their dwellings by providing at least one accessible means of egress/ingress for each residential unit.

W. Definitions
Walkable Neighborhood Center. A Walkable Urban environment that provides a concentrated mix of civic, institutional, and/or commercial uses.

Walkable/Walkability. The condition when an area is highly interconnected to other areas and appeals to pedestrians for recreational walking or for walking to work, transit, errands, shopping, or restaurants.

Walkway. A paved way located on one or more design sites, used for pedestrian traffic, and used exclusively by the design site owner(s), their guests, and invitees.

Wall Plane. A vertical surface defined by the facades of buildings.

Water Table, Architectural Feature. A horizontal projecting string-course of masonry, molding, or a ledge placed so as to divert rainwater from a building.

Width-to-Height Ratio. The ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building.

Wing. A structure of at least five feet in depth physically attached to, and secondary to, the main body of a primary building.

X. Definitions
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No specialized terms beginning with the letter Y are defined at this time.

Y. Definitions
Yard. See "Setback."
Z. Definitions
Zero Design Site Line. A building or structure that is placed on the property line.

Zone. See “Transect Zone."
Zone Map. The zoning map(s) of the City of Pittsburg, California, together with all amendments.

Zoning Administrator. The duly designated and appointed zoning administrator of the City of Pittsburg.

Zoning Code. The Zoning Ordinance of the City of Pittsburg specified in Title 18. 132
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8.030 Measurement Methods

1. Primary Building within Facade Zone
A. Applicability. The facade zone standards apply to new primary buildings and their additions along the front and side street of a design site.

B. Methodology. The required amount is expressed in the zone standards as a percentage. The percentage is calculated as follows through an example for the front facade zone. The same approach is to be applied to the side street, using the minimum front and rear building setbacks. (1) Identify the width of design site (e.g., 50 feet) and apply required front and side building setbacks (e.g., 5 feet and 5 feet).
(2) Subtract the horizontal length between each side setback and the adjacent side design site line from the total width of the design site. The result is the net buildable width of the design site (e.g., 40 feet).
(3) Multiply the required minimum percentage in the zone standards (e.g., 50 percent) by the net buildable width of the design site (e.g., 50 feet).The result is the minimum length, in feet, of building facade that shall be placed in or abutting the facade zone (e.g., 20 feet). 133
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Figure 8.030.1: Applying the Required Amount to the Facade Zone A. Abutting Facade Only B. Within Facade Zone Only
C. Abutting and Within Facade Zone D. Abutting and at Front of Facade Zone Key
Front Street Side Street
Facade Zone 50% min.1 50% min.1
Buildable Area
1 This is an example. See Subsection 5 of the zone for the standard.

Side Street
Front Street
Side Street
Front Street
Side Street
Front Street
Side Street
Front Street
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Figure 8.030.2: Determining the Required Amount Subject to the Facade Zone Example Calculation
50' Design Site Width
- 5' Side Setback
- 5' Side Setback
= 40' Net Buildable Width
40' Net Buildable Width
x Zone Standard (e.g., 50%)
= 20' Required In or Abutting the Facade Zone
Key
Width of Design Site
Depth of Design Site
Setback to be Subtracted from Design Site Width
Setback to be Subtracted from Design Site Depth
Side Street
Front Street

2. Measuring Building Types
A. Methodology. Measurement of width and depth.
(1) Main Body. The width and depth of the main body shall be measured as follows:
(a) The width shall be parallel to the front.
(b) The depth shall be perpendicular to the front.
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Figure 8.030.3:

Main Body
Key
Width
Depth
BUILDING TYPE: DUPLEX, STACKED
Side Street
Front Street
(2) Wings and Ancillary Structures. The width and depth of wings and ancillary structures, shall be measured as follows:
(a) The width shall be the greater of the two dimensions of the footprint. (b) The depth shall be the lesser of the two dimensions of the footprint.

BUILDING TYPE: DUPLEX, STACKED
Side Street
Front Street
Figure 8.030.4:

Wings and Ancillary Structures
Key
Width
Depth
(3) Open Space(s). The width and depth of open spaces shall be measured as follows:
(a) The width shall be parallel to the front
(b) The depth shall be perpendicular to the front.
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BUILDING TYPE: DUPLEX, STACKED
Side Street
Front Street
Figure 8.030.5:

Open Space(s)
Key
Width
Depth
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(4) Courtyard(s). The width and depth of courtyards shall be measured as follows:
(a) The width shall be parallel to the front; unless the courtyard is a secondary courtyard accessed directly from a side street.
(b) If a secondary courtyard is accessed directly from the side street, the width shall be parallel to the side street.
(c) The depth shall be perpendicular to the width.

Figure 8.030.6:

Courtyard(s)
Key
Width
Depth
Front Street
BUILDING TYPE: COURTYARD APARTMENT, LARGE
(5) Width-to-Height Ratio. Measurement of width-to-height ratio and depth-to-height ratio of forecourts.
(a) The width and depth of forecourts shall be measured per Figure 10 (Width-to-Height Ratio). (b) The height of forecourts shall be a measurement of the vertical plane of the building that defines the forecourt.

Figure 8.030.7:

Width-to-Height Ratio
Key
Width
Height
h < 2w
138
Definitions
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20238.030: Measurement Methods 464
(6) Highest Eave/Top of Parapet.
(a) Height, Overall. The vertical distance between adjacent finished grade and the highest part of the structure directly above.
(b) Height, Top of Parapet. The vertical distance between adjacent finished grade and the top of the parapet of the primary building.
(c) Height, Highest Eave. The vertical distance between adjacent finished grade and the highest eave of the primary building.
(d) Highest Eave Measurement. The measurement is to bottom of the eave assembly. (e) Eave. The edge of the roof that overhangs the face of the adjoining wall. The bottom of the eave can range from exposed rafters to a finished horizontal surface. 139
Definitions
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 8.030: Measurement Methods 465
Parapet
Figure 8.030.11: Subsection Detail of Highest Eave for Pitched Roof Figure 8.030.8: Top of Parapet and Flat Roof Figure 8.030.9: Subsection Detail of Top of Parapet and Flat Roof Figure 8.030.10: Highest Eave for Pitched Roof
See Figure 8.030.11
(Subsection Detail)
See Figure 8.030.9
(Subsection Detail)
Key
Height, Overall
Top of Parapet
Roof Structure
Highest Eave Measurement
Eave Assembly
Dormer
140
Definitions
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20238.030: Measurement Methods 466
141
Definitions
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467
142
Definitions
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468
Ordinance No. 23- Page 1 of 2 November 6, 2023

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

Amending the Zoning Map to Establish )
a Citywide Limited Overlay for Objective ) ORDINANCE NO. 23- Design Standards 2023 )
WHEREAS, the California Legislature has passed, and the Governor has signed a number of laws in recent years aimed at increasing the production of housing; and WHEREAS, California Government Code Section 65913.4, as added by Senate Bill 35 of 2017 and as amended since, sets forth a ministerial approval process requiring objective design standards for specified residential housing projects; and WHEREAS, staff has drafted a set of Objective Design Standards to be applicable as set forth in a limited Citywide overlay district in compliance with state law; and WHEREAS, on or prior to April 28, 2023, notice of the May 9, 2023, Planning Commission public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091; and
WHEREAS, On May 9, 2023, the Planning Commission held a duly noticed public hearing to consider proposed, “Resolution Recommending City Council adoption of an Ordinance Approving Objective Design Standards 2023, Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code, and amending the Zoning Map, for certain multi-family housing and mixed-use development projects, to further housing production consistent with state law, AP-22-0117 (RZ)”, and voted to adopt Resolution No.10231, recommending City Council approval; and
WHEREAS, on or prior to September 8, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the September 18, 2023, public hearing on this item was posted at City Hall; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091. A copy of the notice was also placed on the “Public Notices” page of the City website on September 8, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and
WHEREAS, on October 2, 2023, the City Council held a duly noticed public hearing on the Planning Commission’s recommendation for the City Council to approve the proposed amendment to the Zoning Map to establish a Citywide Limited Overlay for Objective Design Standards 2023; and
469
Ordinance No. 23- Page 2 of 2 November 6, 2023
WHEREAS, this Zoning Map amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the state CEQA Guidelines, section 15061, in that the activity in question consists of zoning overlay related to objective design standards text amendments that would not result in a physical impact on the environment.

NOW, THEREFORE, the City Council does ORDAIN as follows:

SECTION 1. Zoning Map Amendment Approval and Adoption. The Zoning Map is hereby amended to add the Objective Design Standards 2023 Limited Overlay Map, attached as “Exhibit A” to this Ordinance.

SECTION 2. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

SECTION 4. Publication. The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on October 2, 2023, and was adopted and ordered published at a meeting of the City Council held on November 6, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
470
Pittsburg Objective Design Standards
ODS Overlay Map
Attachment 2 Exhibit A
471