Backend Network Switches - AMER $8,190.23 2 $16,380.46
PowerScale Accessories - AMER $370.24 1 $370.24
PowerScale Services - AMER $19,708.71 1 $19,708.71
PowerEdge R660 - [AMER_R660_15878] $12,687.77 5 $63,438.85 PowerSwitch S5224-ON - [AMER_S5224-ON_12925] $15,927.59 2 $31,855.18 Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$281,997.19
$0.00
$0.00
$120,174.54
$161,822.65
$14,968.60
$296,965.79
Special pricing may be available for qualified customers. Please contact your DFS Sales Representative for details.
Shipping Group Details
Shipping To
JITENDRA KANERIA
CITY OF PITTSBURG
65 CIVIC AVE
PITTSBURG, CA 94565-3814
(925) 252-4852
Shipping Method
Standard Delivery
Install At
CITY OF PITTSBURG
Solution Name:
16TB A300 | Video | 5yr MC+
Unit Price Quantity Subtotal
PowerScale A300 Promo
Estimated delivery if purchased today:
Nov. 06, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$36,866.27 4 $147,465.08
Description SKU Unit Price Quantity Subtotal
A300 - L3 - 240TB (15x16TB)/800GB SSD 210-AZWT - 4 -
Informational Purposes Only 800-BBQV - 4 -
Informational Purposes Only 800-BBQV - 4 -
800GB SSD 400-BMOI - 4 -
2x25GbE (SFP28) Back-end W/O OPTICS 590-TFHE - 4 -
2x25GbE (SFP28) W/O OPTICS 590-TFBK - 4 - OneFS Base License A3 12TB+ Tier 3 L3=ID 149-BBGL - 4 - SmartConnect Base License A3 Tier 3 L3 =ID 151-BBJQ - 4 - SmartQuotas Base License A3 Tier 3 L3 =ID 151-BBIX - 4 - HDFS for OneFS ($0.00) 151-BBEH - 4 - ISG Product (info) 379-BDPD - 4 - Dell Hardware Limited Warranty 876-9295 - 4 - Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 876-9779 - 4 -
Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 2 Years Extended 876-9783 - 4 -
Prosupport Plus Mission Critical 7x24 Technical Support and Assistance 5 Years 876-9861 - 4 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015 - 4 -
Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 4 - 5 Years ProSupport Plus Mission Critical OneFS Base 12TB Plus Software Support-Maint 854-6562 - 4 -
5 Years ProSupport Plus Mission Critical SmartConnect Base Software Support-Maint 854-7114 - 4 -
5 Years ProSupport Plus Mission Critical SmartQuotas Base Software Support-Maint 854-6897 - 4 -
5 Years ProSupport Plus Mission Critical HDFS for OneFS Software Support-Maint 849-6120 - 4 -
ProSupport Plus Mission Critical 4-Hour 7x24 Onsite Capacity Addon TB SSD LO Tier 5 Years 853-7637 - 4 -
None 825-6815 - 4 - None 825-6815 - 4 - ProDeploy Plus No Charge Training 300 812-4005 - 4 - ProDeploy Plus for PowerScale Node 829-3033 - 4 - Promo 800-BBUH - 4 - Transceiver/Optic/SFP28/SR/25Gbe/Qty 2 407-BCLU - 4 - OneFS Capacity A3 Tier 3 L3=CB 149-BBGI - 960 - SmartConnect Capacity License A3 Tier 3 L3=CB 151-BBJJ - 960 - SmartQuotas Capacity License A3 Tier 3 L3=CB 151-BBJU - 960 - 5 Years ProSupport Plus Mission Critical OneFS Capacity Software Support-Maint 854-6382 - 960 -
5 Years ProSupport Plus Mission Critical SmartConnect Capacity Software Support-Maint 854-5882 - 960 -
5 Years ProSupport Plus Mission Critical SmartQuotas Capacity Software Support-Maint 854-6244 - 960 -
ProSupport Plus Mission Critical 4-Hour 7x24 Onsite Capacity Addon 5 Years 854-3449 - 960 -
None 825-6815 - 4 - None 825-6815 - 4 - Unit Price Quantity Subtotal PowerScale Chassis - AMER
Estimated delivery if purchased today:
Nov. 06, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$2,778.67 1 $2,778.67
Description SKU Unit Price Quantity Subtotal
Base Chassis - Normal A-Series 210-BBFS - 1 -
Informational Purposes Only 800-BBQV - 1 -
ISG Product (info) 379-BDPD - 1 - Dell Hardware Limited Warranty 876-8976 - 1 - Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 876-8992 - 1 -
Prosupport Plus Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 2 Years Extended 876-8994 - 1 -
Prosupport Plus Mission Critical 7x24 Technical Support and Assistance 5 Years 876-8997 - 1 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015 - 1 -
Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 1 - Unit Price Quantity Subtotal Backend Network Switches - AMER
Estimated delivery if purchased today:
Oct. 31, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$8,190.23 2 $16,380.46
Description SKU Unit Price Quantity Subtotal
S4112F Dell Networking Switch 210-AWOS - 2 - S4112 Series User Guide 343-BBQL - 2 - S4112F Install Kit 750-ACVX - 2 -
DELL Switch, Dual Tray Kit for S4112F, 1U 750-ACVY - 2 - EMC GEN3 Switch Rail 22-31in Offset Kit, S4112F 750-ACWB - 2 - OS10 Enterprise Software, S4112F 528-CKSS - 2 - ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 3 Years 877-7469 - 2 -
ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 2 Years Extended 877-7471 - 2 -
ProSupport Plus Mission Critical 7x24 HW-SW Tech Support and Assistance 5 Years 877-7474 - 2 -
Dell Hardware Limited Warranty 877-7690 - 2 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015 - 2 -
Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 2 - Unit Price Quantity Subtotal PowerScale Accessories - AMER
Estimated delivery if purchased today:
Nov. 06, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$370.24 1 $370.24
Description SKU Unit Price Quantity Subtotal
Accessories Label BASE 210-AXGY - 1 -
Informational Purposes Only 800-BBQV - 1 -
Informational Purposes Only 800-BBQV - 1 -
Informational Purposes Only 800-BBQV - 1 -
ISG Product (info) 379-BDPD - 1 - PWCRD KIT for Normal Chassis 450-AJHP - 2 - 100G to 25G Breakout (4)SFP28 to (1)Q28 DAC 3M 470-AFFZ - 2 - Unit Price Quantity Subtotal PowerScale Services - AMER
Estimated delivery if purchased today:
Nov. 08, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$19,708.71 1 $19,708.71
Description SKU Unit Price Quantity Subtotal
PowerScale Services 210-AYWM - 1 - Edu Serv-Dell Tech PowerScale Administration On-Demand Training Expires 1YR 844-6859 - 2 -
Education Services - Dell EMC Proven Professional Exam Voucher Expire1YR 844-7852 - 2 -
ProDeploy Plus Add-On for PowerScale Enterprise Bundle 829-3027 - 1 - Unit Price Quantity Subtotal PowerEdge R660 - [AMER_R660_15878]
Estimated delivery if purchased today:
Nov. 16, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$12,687.77 5 $63,438.85
Description SKU Unit Price Quantity Subtotal
PowerEdge R660 Server 210-BEQQ - 5 -
Trusted Platform Module 2.0 V3 461-AAIG - 5 -
2.5" Chassis with up to 10 Hard Drives (SAS/SATA), 2CPU, PERC12 321-BHRZ - 5 -
Intel Xeon Gold 5415+ 2.9G, 8C/16T, 16GT/s, 22.5M Cache, Turbo, HT (150W) DDR5-4400 338-CHSS - 5 -
Intel Xeon Gold 5415+ 2.9G, 8C/16T, 16GT/s, 22.5M Cache, Turbo, HT (150W) DDR5-4400 338-CHSS - 5 -
No HBM 379-BFFD - 5 - Heatsink for 2CPU (less than or equal to 185W) 412-ABCJ - 5 - Performance Optimized 370-AAIP - 5 - 4800MT/s RDIMMs 370-AHCL - 5 - Unconfigured RAID 780-BCDS - 5 - PERC H965i Controller, Front 405-ABDN - 5 - Front PERC Mechanical Parts, rear load 750-ADWX - 5 - Power Saving BIOS Settings 384-BBBH - 5 - UEFI BIOS Boot Mode with GPT Partition 800-BBDM - 5 - 4 Very High Performance Fans for 2 CPU 384-BCUJ - 5 - Dual, Redundant(1+1), Hot-Plug Power Supply,1100W MM(100- 240Vac) Titanium 450-AKLF - 5 -
Riser Config 3, Full Height, 2x16 FH Slots (Gen5) 330-BBYZ - 5 - Motherboard supports ONLY CPUs below 250W. Cannot upgrade to CPUs 250W and above 329-BJJY - 5 -
iDRAC9, Enterprise 16G 528-CTIC - 5 - Broadcom 57504 Quad Port 10/25GbE,SFP28, OCP NIC 3.0 540-BCRX - 5 - Broadcom 5720 Dual Port 1GbE Optional LOM 540-BDKD - 5 - Standard Bezel 325-BEVE - 5 - Dell Luggage Tag 350-BCKC - 5 - BOSS-N1 controller card + with 2 M.2 480GB (RAID 1) 403-BCRU - 5 - BOSS Cables and Bracket for R660 470-AFMG - 5 - No Quick Sync 350-BBXM - 5 - iDRAC,Factory Generated Password 379-BCSF - 5 -
iDRAC Service Module (ISM), NOT Installed 379-BCQX - 5 - iDRAC Group Manager, Disabled 379-BCQY - 5 - Windows Server 2022 Standard,16CORE,FI,No Med,No CAL, Multi Language 634-BYJY - 5 - Windows Server 2022 Standard,16CORE,DF Recovery Image, Multi Lang, (Downgrade not included) 528-CSCP - 5 - Windows Server 2022 Standard,No Media,WS2019 Std Downgrade DF Media, Multi Language 528-CSCQ - 5 - Windows Server 2022 Standard,No Media, WS2019 Std Downgrade w/DVD Media,Multi Lang 634-BYLQ - 5 -
Cable Management Arm 770-BDMT - 5 - ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar 770-BECD - 5 -
No Systems Documentation, No OpenManage DVD Kit 631-AACK - 5 - PowerEdge R660 Shipping 340-DBXZ - 5 - PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow or 16xEDSFF 340-DBYC - 5 -
R660 Dell label (BIS) for 2.5" Chassis 343-BBTS - 5 -
PowerEdge R660 CE, CCC Marking 343-BBUB - 5 - ProSupport Plus Mission Critical 7x24 Technical Support and Assistance 5 Years 887-0988 - 5 -
ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 3 Years 887-0997 - 5 -
ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 2 Years Extended 887-0999 - 5 -
Dell Hardware Limited Warranty Plus On-Site Service 887-1076 - 5 - Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015 - 5 -
Dell Limited Hardware Warranty Plus Service, Extended Year(s) 975-3462 - 5 - ProDeploy Plus Dell Server R Series 1U/2U - Deployment 804-6750 - 5 - ProDeploy Plus Dell Server R Series 1U/2U - Deployment Verification 804-6751 - 5 - ProDeploy Plus No Charge Training 300 812-4005 - 5 - 16GB RDIMM, 4800MT/s Single Rank 370-AGZO - 40 -
960GB SSD SATA Mix Use 6Gbps 512 2.5in Hot-plug AG Drive, 3 DWPD 400-AZVM - 30 -
Power Cord - C13, 3M, 125V, 15A (North America, Guam, North Marianas, Philippines, Samoa, Vietnam) 450-AALV - 10 -
Jumper Cord - C13/C14, 4M, 250V, 12A (North America, Guam, North Marianas, Philippines, Samoa) 492-BBDG - 10 -
Unit Price Quantity Subtotal
PowerSwitch S5224-ON - [AMER_S5224-ON_12925]
Estimated delivery if purchased today:
Oct. 31, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$15,927.59 2 $31,855.18
Description SKU Unit Price Quantity Subtotal
Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE
QSFP28 ports, PSU to IO air, 2x PSU 210-APHT - 2 -
Dell EMC S52XX-ON Series User Guide 343-BBLP - 2 - OS10 Enterprise, S5224F-ON 634-BRWJ - 2 - Dell Hardware Limited Warranty 1 Year 818-4983 - 2 - ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch,1 Year 818-5025 - 2 -
ProSupport Plus Mission Critical:7x24 HW/SW Technical Support and Assistance, 5 Years 818-5032 - 2 -
ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch, 4 Years Extended 818-5033 - 2 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015 - 2 -
Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 2 - Info 3rd Party Software Warranty provided by Vendor 997-6306 - 2 - 5 Years ProSupport Plus OS10 Enterprise Software SupportMaintenance 848-8542 - 2 - Dell Networking Cable, QSFP28-4XSFP28, 25G, Passive Copper DAC, Breakout, 5 Meter 470-ADXU - 36 -
Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 450-AAFH - 2 - Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 450-AAFH - 2 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$281,997.19
$0.00
$0.00
$14,968.60
$296,965.79
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-aService offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the enduser and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
Resolution No. 23- Page 1 of 1 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Contract with Dell )
Technologies for the Refresh ) RESOLUTION NO. 23-
Of Public Safety Camera Server at the )
Police Department )
WHEREAS, the Police Department’s current Public Safety Camera infrastructure was procured in December 2014 which provided significant benefits including consolidation of multiple physical servers, saving energy and hardware costs, and enhanced security; and
WHEREAS, the Public Safety Camera Server is now over eight years old and has reached its end-of-life which impacts the system’s availability as it struggles to meet the needs of today’s workload; and
WHEREAS, Dell Technologies conducted an audit, identified issues and recommended a specification for replacement components. Dell Technologies has the required expertise in implementing and supporting server projects and is the recommended vendor to execute the refresh of the current Police Department’s Public Safety Camera Server.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City to execute the Contract with Dell Technologies for the purchase of servers, storage, software, network items and other products in an amount not to exceed $296,966; and allocates the funds from Measure M Surplus funds earmarked at the May 9, 2022 City Council Budget Workshop.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
254
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 Application for an Outdoor Equity Grants Funds
MEETING DATE: November 20, 2023
EXECUTIVE SUMMARY
The Recreation Department is pursuing the State of California Outdoor Equity Grants Program for recreational programming for youth and seniors. The Conservancy requires City Council approval prior to application for this funding.
FISCAL IMPACT
If awarded, the resolution will authorize maximum allocation of up to $900,000 in grant funds to the Fiscal Year 2024-25 Recreation Department grant budget under Fund 299- 42191 (Miscellaneous Grants – Recreation). No additional expenditure from the General Fund is required for the receipt of the grants since no matching funds are required.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City of Pittsburg to apply for the Outdoor Equity Grants Program.
BACKGROUND
The Outdoor Equity Grants Program (OEP) will increase the ability of residents in underserved communities, with an emphasis on students eligible for free or reduced-price meals, foster youth, and students of limited English proficiency, to participate in outdoor experiences at State parks and other public lands. OEP’s focus is on providing funding for transportation, logistics, program operations, and capacity costs associated with reaching historically underserved urban and rural communities throughout California.
OEP grants will improve the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world.
255
Eligible applicants are public agencies and non-profits with 501(c)3 status. As administrator of the program, the California Department of Parks and Recreation developed guidelines for local agencies to apply and reviews the applications in a competitive grant process.
Programs begin on July 1, 2024 dependent upon the OEP funds receiving full authorization by the State Legislature.
SUBCOMMITTEE FINDINGS
This item was discussed at the Life Enrichment Subcommittee on November 16, 2023.
STAFF ANALYSIS
As outlined in Objective 1 of the City of Pittsburg’s Youth and Young Adult Services Master Plan (YYASMP), affordable childcare is a need for underserved families in the community.
As stated in the YYASMP, many school age children lack supervision during the hours of 3:00 p.m. and 7:00 p.m. Staff further determined that the Senior Center could serve as a central gathering place in the community with access to outdoor programs.
The identified program, Park Play Days, will provide multigenerational programming for youth ages 4-12 during the summer months and partnership with the Senior Center.
Activities in the community will include:
• Teaching participants about the community’s environment. • Taking educational walks in the community to discover nature in action.
The Program also includes coordinated nature trips with the Senior Center to Regional and State Parks for nature activities, fishing, nature walks, and other exploratory efforts.
If awarded, this grant would allow for programs to be offered at low-to-no-cost for residents.
This resolution, if approved, will authorize staff to prepare an application to the State Department of Parks and Recreation for the Outdoor Equity Grants Program and designates the City Manager as the City’s representative for purposes of grant administration.
ATTACHMENTS: Resolution
Report Prepared By: Sam Alley, Recreation Coordinator – Youth & Young Adult Services 256
Resolution No. 23- Page 1 of 2 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Application for )
Outdoor Equity Grants Program ) RESOLUTION NO. 23-
Grant Funds )
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the filing of an application for the Park Play Days Program; and
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, the sufficient funds to complete the program(s); and
2. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criteria response; and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
257
Resolution No. 23- Page 2 of 2 November 20, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
258
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept the Plans and Specifications and Awarding Project 1801 Frontage Road Living Green Trail
MEETING DATE: November 20, 2023
EXECUTIVE SUMMARY
Project 1801 - Frontage Road Living Green Trail (the “Project”), will construct a Class I trail, and parkway improvements along Frontage Road from Dover Way to Chelsea Way.
Adoption of this resolution will accept the plans and specifications for the Project and authorize the City Manager to award a construction contract to Grade Tech, Inc.
FISCAL IMPACT
The proposal from GradeTech, Inc is $1,439,050.66 (Base Bid) and $106,983.00 (Add Alternate#1 Bid) for a Total Bid of $1,546,033.66. Funding for construction will be provided by the Clean California Local Grant Program (CCLGP) in the amount of $1,354,000.00 and the American Rescue Plan Act (ARPA) Grant contribution of $841,589.00 for a total project budget of $2,166,250.00.
RECOMMENDATION
City Council adopt the attached resolution to accept the plans and specifications and authorize the City Manager to execute a construction contract for the Project with Grade Tech, Inc, for a total amount of $1,546,033.66.
Staff recommends that the City Council allocate a construction contingency of $154,600.00 for any unanticipated costs and contract change orders.
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.
259
BACKGROUND
On February 1, 2022, staff applied for the Clean California Local Grant Program for the construction of a Class I pedestrian and bike trail on an unused parcel along Frontage Rd. parallel to State Route 4 from Dover Way Chelsea Way.
On August 1, 2022, the City Council adopted Resolution No. 22-14145, accepting the grant in the amount of $1,354,000.00.
On December 12, 2022, the City Council adopted Resolution No. 22-14220 allocating matching funds of $812,250.00 from the ARPA for a total project budget of $2,166,250.00.
On November 7, 2022, the City Council adopted Resolution No. 22-14203, authorizing the City Manager to execute a consultant agreement with Sandis Engineers Surveyors and Planners for the Project design for a total fee amount of $247,420.00.
On November 2, 2023, three construction bids were received by Kerex Engineering, McGuire and Hester, and GradeTech, Inc. The bids received have been checked for arithmetic errors, completeness, and conformance with the bid requirements. The bid submitted by GradeTech, Inc. was the lowest responsive, responsible bidder with a total bid (base bid plus add alternate#1 bid) of $1,546,033.66.
SUBCOMMITTEE FINDINGS
This item was presented to the Land Use Subcommittee on November 19, 2021.
STAFF ANALYSIS
The Clean California Grant Program, administered by the California Department of Transportation, provides $296 million in assistance to communities for the reduction of waste, enhancement of public spaces, reduction of urban heat island effect, improvement of public health, improvement of cultural and community connection, and advancement of equity for underserved communities.
The trail will serve as a model greenspace for future green spaces around the City and will feature educational signage to promote proper waste disposal, recycling, green infrastructure, and active transport. The pedestrian trail will have bioswale features and drought tolerant vegetation and trees to treat stormwater and reduce urban heat island effects. The site will also have benches for seating, trash receptacles, water fountains, pet waste stations, and lighting.
260
Project Funding: Clean California Local Grant 1,354,000 ARPA Match 812,250
Funding Total: 2,166,250
Project Expenditures:
Design: Design Consultant Services 310,500
(Code 2122) Outreach & Design Consultant 20,000
Subtotal: 330,500
Miscellaneous:
(Code 1399) Advertising 248
Subtotal: 248
Construction: Estimated Construction Contract 1,589,531 (Code 2281) Contingency (~10%) 158,953
Subtotal: 1,748,484
Wages/Benefits: Staff Time for Design Management 20,000 (Code 1101) Staff Time for Construction Management 20,000 Subtotal: 40,000
Admin Overhead: Staff Time for Design Management 20,000 (Code 2372) Staff Time for Construction Management 20,000 Subtotal: 40,000
Estimated Expenditures Total: 2,159,232
Projected Remaining Funds: 7,018
Project Budget Summary
Living Green Pittsburg - Trail and Community Outreach Project Project 1801
ATTACHMENTS: Resolution
Report Prepared By: Tyler Hensley, Associate Engineer
261
Resolution No. 23- Page 1 of 2 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting the Plans and Specifications )
and Awarding Project 1801- ) RESOLUTION NO. 23-
Frontage Road Living Green Trail )
WHEREAS, Project 1801- Frontage Road Living Green Trail (the “Project”), will construct a Class I trail, and parkway improvements along Frontage Road from Dover Way to Chelsea Way; and
WHEREAS, the Project is funded by $1,354,000.00 from the Clean California Local Grant Program and $841,589.00 provided from the American Rescue Plan Act (ARPA) funding the City’s grant contribution for a total project budget of $2,166,250.00; and WHEREAS, on November 7, 2022, the City Council adopted Resolution No. 22- 14203, authorizing the City Manager to execute a consultant agreement with Sandis Engineers Surveyors and Planners for the Project design; and WHEREAS, on November 2, 2023, staff advertised the Project for construction and GradeTech Inc was the lowest responsive, responsible bidder with a total bid (Base Bid and Add Alternate#1 Bid) in the amount of $1,546,033.66.
WHEREAS, staff recommends that the City Council accept the plans and specifications for the Project; and
WHEREAS, staff recommends that the City Manager be authorized to execute an agreement in the amount of $1,546,033.66 with GradeTech, Inc. for construction of the Project; and
WHEREAS, staff further recommends establishing a construction contingency in the amount of $154,600.00 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer 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.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the plans and specifications, authorizes the City Manager to execute a construction contract with GradeTech,Inc, authorizes a construction contingency in the amount of $154,600.00, authorizes the City Engineer 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.
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Resolution No. 23- Page 2 of 2 November 20, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
263
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 Purchase and Sale Agreement between the City of Pittsburg and Humewood Inc.
MEETING DATE: November 20, 2023
EXECUTIVE SUMMARY
The City is proposing to enter into a Purchase and Sale Agreement (PSA) with Humewood Inc. for the purchase of 2362 Dover Way, Pittsburg, also known as Assessor’s Parcel Number 087-352-010 (Property).
FISCAL IMPACT
The purchase price of the Property could be as much as $580,000 (Purchase Price). The Purchase Price is conditional upon the completion and findings of a home, pest, and leadbased paint inspection reports. The anticipated costs related to the purchase such as closing costs, required lead-based paint testing, and rehabilitation work needed so that the Property may be suitable for leasing is approximately $35,000.
Staff is proposing to spend no more than $615,000 of Permanent Local Housing Allocation (PLHA) grant funds to purchase and rehabilitate the Property.
RECOMMENDATION
City Council adopt the Resolution approving the PSA and allocating up to $615,000 for the purchase and rehabilitation of the Property.
BACKGROUND
In September 2017, the California Legislature approved Senate Bill 2, known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act established the PLHA program administered by the California Department of Housing and Community Development (HCD). 264
The PLHA provides a permanent source of funding to cities and counties to help meet the need for affordable housing and increase the supply of affordable housing units. Under the PLHA, funding is provided through formula grants to entitlement jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant program over a 5-year funding period, as well as through a competitive grant program for nonentitlement jurisdictions.
PLHA grant funds are to help increase the supply of housing for households at or below 60 percent of area median income (AMI). On April 17,2023, City Council Resolution 23-14276 authorized the City Manager to purchase properties with PLHA grant funds and transfer the properties to the Housing Authority of the City of Pittsburg (Housing Authority) for affordable housing purposes, and Housing Authority Resolution 23-366 authorized the Housing Authority to accept properties from the City. The Housing Authority will record regulatory agreements on the properties, ensuring that the properties will remain affordable for 55 years and lease them to Housing Choice Voucher recipients.
On August 21, 2023, City Council Resolution 23-14362 authorized the purchase of properties that fulfilled a set of criteria. Typically, the process in which the City purchases properties consists of consideration of the item in a City Council closed session meeting where price and terms would be discussed. Once authorization is given, staff would make an offer and conduct a site visit to inspect the condition of the property to determine the extent of the rehabilitation needed to make the property suitable for rental. Because of scheduling, this process could take as much as four weeks. Due to the real estate market, four weeks could result in lost opportunities because the seller will likely have accepted an offer already. City Council Resolution 23-14362 authorized the purchase of properties not yet identified so long as they meet the following criteria:
• The property is residential and has up to four bedrooms; • A structural pest control inspection report for the property must be available, reviewed by the Chief Building Inspector, and the Chief Building Inspector must determine the condition of the property is acceptable in light of the estimated purchase price;
• Staff and Chief Building Inspector must complete a site visit and evaluate the condition of the property and estimated rehabilitation cost; and • The purchase price, including closing costs and rehabilitation, will not exceed $650,000 in total.
SUBCOMMITTEE FINDINGS
The potential purchase of the Property was discussed in the Life Enrichment Subcommittee on October 26, 2023.
STAFF ANALYSIS
The Property is 1,349 square feet and has four bedrooms and two bathrooms. Because the Property is less than one mile from an elementary school and middle school, and is approximately one and a half mile from the high school, the Property is well suited for a family.
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The Housing Authority serves a population whose income is below 60 percent AMI, making the purchase of the Property to be leased to Housing Choice Voucher recipients the appropriate use of the PLHA grant funds.
ATTACHMENTS: Purchase and Sale Agreement
Resolution
Report Prepared By: Maria M. Aliotti, Assistant City Manager 266
Resolution No. 23- Page 1 of 2 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Purchase and Sale Agreement )
between the City of Pittsburg and ) RESOLUTION NO. 23-
Humewood Inc. )
WHEREAS, in September 2017, the California Legislature approved Senate Bill 2, known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing; and WHEREAS, the Act established the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD); and
WHEREAS, the PLHA provides a permanent source of funding to cities and counties to help meet the need for affordable housing and increase the supply of affordable housing units; and
WHEREAS, PLHA grant funds are to help increase the supply of housing for households at or below 60 percent of area median income (AMI); and WHEREAS, on April 17,2023, City Council Resolution 23-14276 authorized the City Manager to purchase properties with PLHA grant funds and transfer the properties to the Housing Authority of the City of Pittsburg (Housing Authority) for affordable housing purposes, and Housing Authority Resolution 23-366 authorized the Housing Authority to accept properties from the City.
WHEREAS, the Housing Authority will record regulatory agreements on the properties, ensuring that the properties will remain affordable for 55 years and lease them to Housing Choice Voucher recipients; and
WHEREAS, on August 21, 2023, City Council Resolution 23-14362 authorized the purchase of properties that fulfilled a set of criteria:
The property is residential and has up to four bedrooms; A structural pest control inspection report for the property must be available, reviewed by the Chief Building Inspector, and the Chief Building Inspector must determine the condition of the property is acceptable in light of the estimated purchase price;
Staff and Chief Building Inspector must complete a site visit and evaluate the condition of the property and estimated rehabilitation cost; and The purchase price, including closing costs and rehabilitation, will not exceed $650,000 in total; and
WHEREAS, the City is proposing to enter into a Purchase and Sale Agreement (PSA) with Humewood Inc. for the purchase of 2362 Dover Way, Pittsburg, also known as Assessor’s Parcel Number 087-352-010 (Property); and
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Resolution No. 23- Page 2 of 2 November 20, 2023
WHEREAS, the Property is 1,349 square feet and has four bedrooms and two bathrooms. Because the Property is less than one mile from an elementary school and middle school, and is approximately one and a half mile from the high school, the Property is well suited for a family; and
WHEREAS, the Housing Authority serves a population whose income is below 60 percent AMI, making the purchase of the Property to be leased to Housing Choice Voucher recipients the appropriate use of the PLHA grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the PSA and allocates up to $615,000 of PLHA grant funds for the purchase and rehabilitation of the Property.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
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1 PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“this Agreement”) is entered into as of November 21, 2023 (the “Effective Date”), by and between Humewood Inc. (“Seller”) and the City of Pittsburg, a municipal corporation, (“City” or ”Buyer”). Seller and City are collectively referred to herein as the “Parties.”
RECITALS
A. Seller is the owner of certain real property located at 2362 Dover Way, Pittsburg California 94565, also known as Assessor’s Parcel Number 087-352-010 (the “Property”) and as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.
B. The City and the State of California Department of Housing and Community Development (HCD) executed the Standard Agreement effective August 16, 2022.
C. Pursuant to the Standard Agreement, the City is receiving Permanent Local Housing Allocation (PLHA) grant funds for the acquisition and rehabilitation of foreclosed or vacant homes and apartments.
D. On August 21, 2023, City Council Resolution 23-14362 authorized staff to purchase of properties so long as they meet the defined criteria.
E. Buyer has made an offer and Seller has agreed to accept $580,000 (the “Purchase Price”) for the purchase of the Property.
F. Buyer agrees to purchase the Property, and Seller agrees to sell the Property to Buyer, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, Seller and Buyer hereby agree as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full.
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2 2. PURCHASE AND SALE.
2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer hereby agrees to purchase the Property from Seller.
2.2 Purchase Price. The Purchase Price for the Property to be paid by Buyer to Seller is $580,000. The Purchase Price is conditional and may be reduced based on the findings in the home, pest, and lead-based paint reports (collectively, the “Reports”), including any updated Reports prepared prior to the closing due to additional repairs performed by the Seller. If the City reduces the Purchase Price (Reduced Purchase Price) due to the Reports, the Seller will have an opportunity consider the Reduced Purchase Price. The Seller will notify the City in writing of its decision. If the Reduced Purchase Price is accepted, both parties will work to close escrow, The Purchase Price will be paid in immediately available funds to Seller on the Closing Date (defined below) at the address of Seller as provided in Section 10.8 of this Agreement.
3. ESCROW.
3.1 Escrow Account. Seller has opened or will open an escrow account (the “Escrow”) maintained by First American Title Company (the “Title Company”), 191 Sand Creek Road, Suite 150, Brentwood CA 94513, Denisse Hernandez (the “Escrow Holder”). Escrow Holder shall perform all escrow and title services in connection with this Agreement.
3.2 Opening of Escrow. Within seven (7) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Title Company will be deemed the “Opening of Escrow” and Title Company will give written notice to the Parties of such occurrence.
3.3 Buyer’s Deposit. Within fourteen (14) business days after the Opening of Escrow, the Buyer shall deposit WRITTEN AMOUNT ($) in Escrow (“Deposit”).
3.4 Satisfaction of Due Diligence Contingency. Buyer shall have the right, in its sole discretion, to terminate this Agreement for any reason prior to the expiration of the Due Diligence Contingency Period (as defined in Section 5(a) below) and receive a full refund of the Deposit. Buyer hereby agrees to provide written notice to Seller prior to the expiration of the Due Diligence Contingency Period if Buyer disapproves any due diligence items or approves all due diligence items (“Approval Notice”). If Buyer disapproves any items through the delivery of the Approval Notice to Seller before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate and all amounts deposited by Buyer into escrow will be returned to Buyer, and neither party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof.
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3 4. PROPERTY DISCLOSURE REQUIREMENTS.
4.1 Condition of Title/Preliminary Title Report. Title Company shall deliver a Preliminary Title Report for the Property (the “Preliminary Report”) to Buyer within three (3) days after the Opening of Escrow. Buyer shall have until the end of the Due Diligence Contingency Period to approve the condition of title to the Property. If Buyer delivers the Approval Notice, Buyer agrees to take title to the Property subject to the following “Permitted Exceptions:” (a) standard printed exceptions in the Preliminary Report; (b) general and special real property taxes and assessments constituting a lien not yet due and payable; and (c) the Schedule B exceptions to the title referenced in the Approval Notice.
4.2 Third-Party Inspection Report. Seller shall provide buyer with a completed third-party inspection report regarding the condition of the Property, including any structure on the property, pests, and any other material information typically included in the report. If such a report does not exist, the Buyer may, in its sole cost, retain the services of a third-party inspector to prepare a report.
4.3 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller agrees to make all necessary disclosures required by law.
5. CLOSING AND PAYMENT OF PURCHASE PRICE.
5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur no later than thirty (30) days after the expiration of the Due Diligence Contingency Period (“Closing Date”). In the event the Closing has not occurred within ninety (90) days after the Opening of Escrow due to a delay beyond the Buyer’s control, then Close of Escrow may be extended up to an additional thirty (30) days (the “Extension Period”). If Close of Escrow has not occurred by the end of the Extension Period, Seller or Buyer may elect to terminate this Agreement.
Unless otherwise: (i) the Property shall be delivered “AsIs” in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by close of escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first delivering to Seller written notice to remove the items within three (3) days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller. 271
4 5.2 Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer's written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date:
(a) Buyer will have thirty (30) days from Opening of Escrow (the “Due Diligence Contingency Period”) to review and either approve or disapprove, in Buyer’s sole and absolute discretion, the economic viability of the purchase of the Property for Buyer’s intended use and all matters related thereto, including but not limited to physical inspections and to conduct any studies or evaluations of the Property. If the Buyer must obtain an inspection from a third-party inspector, the Due Diligence Contingency Period will be extended until the inspection report is completed and submitted to the Buyer. Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession not later than two (2) business days following the execution and delivery of this Agreement. All physical inspections must be coordinated with Seller’s representative. (b) Seller has performed all obligations to be performed by Seller pursuant to this Agreement.
(c) Seller's representations and warranties herein are true and correct in all material respects as of the Closing Date. (d) The Title Company is irrevocably committed to issue a CLTA Title Policy to Buyer, effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price subject only to the Permitted Exceptions.
5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller's obligation to sell and convey the Property to Buyer are subject to the satisfaction of the following conditions or Seller's written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date:
(a) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before Closing Date.
(b) Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.
5.4 Conveyance of Title. Seller will deliver marketable fee simple title to Buyer at the Closing, subject only to the Permitted Exceptions.
5.5 Deliveries at Closing.
(a) Deliveries by Seller. Seller shall deposit into the Escrow for delivery to Buyer at Closing: (i) a grant deed; (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); (iii) a 272
5 California Franchise Tax Board form 590 to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131; (iv) such resolutions, authorizations, or other documents or agreements relating to Seller as shall be reasonably required by Title Company, and (v) all other documents required by this Agreement to complete the Closing.
(b) Deliveries by Buyer. Buyer shall deposit into the Escrow at Closing immediately available funds in the amount equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) the escrow fees and recording fees; and (iii) the cost of the Title Policy; (iv) such resolutions, authorizations, or other documents or agreements relating to Buyer as shall be reasonably required by Title Company, and (v) all other documents required by this Agreement to complete the Closing.
(c) Closing. Upon Closing, Escrow Holder shall: (i) record the grant deed; (ii) disburse to Seller the Purchase Price, less Seller’s share of any escrow fees, costs and expenses; (iii) deliver to Buyer the Non-Foreign Affidavit, the California Certificate and the original recorded grant deed; (iv) pay any commissions and other expenses payable through escrow; and (v) distribute to itself the payment of escrow fees and expenses required hereunder.
(d) Closing Costs. Buyer will pay escrow fees typically paid by a buyer (including the costs of preparing documents and instruments) and recording fees.
Buyer will pay title insurance and title report costs and Seller will pay all governmental conveyance fees and all transfer taxes. All other costs and fees shall be paid in accordance with custom and practice in Contra Costa County. (e) Pro-Rations. At the close of escrow, the Escrow Agent shall make the following prorations: (i) property taxes will be prorated as of the Close of Escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that constitutes a lien on the Property at the Close of Escrow will be assumed by Buyer. Buyer, as a government agency, does not pay ad valorem taxes.
6. REPRESENTATIONS, WARRANTIES AND COVENANTS.
6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct as of the Closing Date provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Buyer in writing and Buyer will have five (5) business 273
6 days thereafter to determine if Buyer wishes to proceed with Closing. If Buyer determines it does not wish to proceed, then the terms of Section 6.2 will apply. (a) Authority. Seller is a California corporation, in existence and in good standing under the laws of the State of California . Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller.
(b) Encumbrances. Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any Agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest prior to the Close of Escrow, as long as this Agreement is in force.
(c) There are no agreements affecting the Property except those which have been disclosed by Seller. There are no agreements which will be binding on the Buyer or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice.
The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of escrow of this Agreement and shall not be deemed merged into the deed upon closing.
6.2 Buyer’s Representations and Warranties. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to Buyer’s actual knowledge any such statement becomes untrue prior to Closing, Buyer shall so notify Seller in writing and Seller shall have at least five (5) business days thereafter to determine if Seller wishes to proceed with Closing. (a) Buyer is a public agency, lawfully formed, in existence and in good standing under the laws of the State of California. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by official representative of the Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer. (b) Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. 274
7 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder.
7. REMEDIES In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Buyer reserves the right to either (a) seek specific performance from Seller or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller, whereupon Seller shall cause Escrow Holder to return to Buyer any and all sums placed into the Escrow by Buyer, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither party shall have any further obligations or liabilities hereunder. In the event of a breach or default under this Agreement by Buyer, if such breach or default occurs prior to Close of Escrow, Seller reserves the right to either (a) seek specific performance from Buyer or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Buyer is able to perform; or (iii) to terminate this Agreement upon written notice to Buyer.
Buyer’s Initials Seller’s Initials
8. BROKERS. Buyer represents that no real estate broker has been retained by Buyer in the purchase of the Property or the negotiation of this Agreement. Buyer represents that any real estate broker retained by Seller in the sale of the Property or negotiation of this Agreement shall be paid solely by Seller. Seller shall indemnify, hold harmless and defend Buyer from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out of Seller’s conduct.
9. ASSIGNMENT. Neither Seller nor Buyer may assign its rights or delegate its duties under this Agreement to any other party without the express written consent of the other, which consent may not be withheld for unreasonably. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement.
10. MISCELLANEOUS.
10.1 Attorneys’ Fees. If any party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other 275
8 remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing party” shall mean the party determined by the court to most nearly prevail and not necessarily the party in whose favor a judgment is rendered.
10.2 Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting party.
10.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow.
10.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns.
10.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
10.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof any cannot be amended or modified except by a written instrument executed and delivered by the parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any party is relying upon in entering this Agreement that are not fully expressed herein.
10.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein.
10.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either party desires or is required to give to the other party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery 276
9 service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the party’s address as set forth below:
To Buyer: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attn: Executive Director
To Seller: Humewood Inc.
851 Van Ness-2nd Floor
San Francisco, CA 94109
Att: Craig Morris
To Agent: Cliff Olson
[email protected]
To Title Company:
Any such communication shall be deemed effective upon personal delivery, on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable, or by delivery of electronic mail. Any party may change its address by notice to the other party. Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice.
10.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement.
10.10 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day.
10.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed.
10.12 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement.
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10 10.13 Waivers. Any waiver by any party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any party. Consent by any party to any act or omission by another party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance.
10.14 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement.
10.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between parties is effective, executed, or delivered, as of the Effective Date.
10.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
SIGNATURES ARE ON THE FOLLOWING PAGE.
278
11 IN WITNESS WHEREOF, this Agreement is executed by Buyer and Seller as of the Effective Date.
Seller:
Humewood Inc.
By: __________________________
Name
Its ____________
By: __________________________
Name
Its ____________
Buyer:
City of Pittsburg, a municipal corporation By:______________________________ Garrett Evans
City Manager
Attest:
__________________________________
City Clerk
Reviewed as to Form:
__________________________________
City Attorney
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- A-1 -
Exhibit A
Property Description
Real property in the City of Pittsburg, County of Contra Costa, State of California, described as follows: LOT 470, AS SHOWN ON THE MAP OF SUBDIVISION 4324,
CITY OF PITTSBURG, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, FILED DECEMBER 30, 1975, IN MAP BOOK 181, PAGE 21, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 087-352-010
280
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 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 Multifamily Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law
MEETING DATE: November 20, 2023
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. This item has been continued from the November 6, 2023, City Council hearing. 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 281
reading of two Ordinances to approve a Zoning Amendment and a Map Amendment for the Objective Design Standards 2023 Project.
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 City 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 MixedUse 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
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Ordinance No. 23- Page 1 of 4 November 20, 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;
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Ordinance No. 23- Page 2 of 4 November 20, 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 of the City of Pittsburg 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 Mixeduse 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.
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Ordinance No. 23- Page 3 of 4 November 20, 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 285
Ordinance No. 23- Page 4 of 4 November 20, 2023
Objective Design Standards 2023 attached as, “Exhibit A” to this Ordinance.
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 20, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
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Objective Design Standards 2023
Final Draft
July 2023
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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
2 Connect Ground Floor to Adjacent Streetscape
Identify your approval
procedure, see Subsection
1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
3 Proceed to Approval Process
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Identify Large Sites, see
Subsection 3.050 (Large Sites)
a. Comply with the standards Subsection 3.050 (Large Sites) 1 Design your Design Sites
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
3 Connect Ground Floor to Adjacent Streetscape
Identify your approval
procedure, see Subsection
1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
4 Proceed to Approval Process
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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
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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
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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
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(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).
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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
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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
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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
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(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.
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(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).
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(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).
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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.
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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
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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.
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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 lowincome 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
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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
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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
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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?
Application deemed complete 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
If in compliance, OR if review within 60 days
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 noncompliance 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
If in compliance, OR if review within 60 days
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 noncompliance in
writing. Applicant
resubmits.
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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
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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
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2.010: Purpose
W Leland Rd
Bailey Rd
Willow Pass Rd
314
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 Hwy
21 ODS Zone Standards
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2.030: Overview of ODS Zones
Railroad Ave
Crestview DrLoveridge Rd
N Parkside Dr
W 10th St
E Leland Rd
Buchanan Rd
E 14th St
Harbor St
315
Figure 2.020.2 ODS Overlay Map - Area 1
California Delta Hwy
W Leland Rd
Bailey Rd
W 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
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Figure 2.020.3 ODS Overlay Map - Area 2
Railroad Ave
W 10th St
E 10th St
E 14th St
Harbor St
Power Ave
N Parkside Dr
California 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
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Figure 2.020.4 ODS Overlay Map - Area 3
Railroad Ave
E 14th St
Harbor St
Power Ave
California Delta Hwy
W Leland Rd
E Leland Rd
Buchanan Rd
Loveridge 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
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Figure 2.020.5 ODS Overlay Map - Area 4
California Delta Hwy
Pittsburg-Antioch Hwy
Loveridge Rd
E Leland Rd
Buchanan 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
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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
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2.030: Overview of ODS Zones
320
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
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2.030: Overview of ODS Zones
321
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 neighborhoodserving 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
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2.030: Overview of ODS Zones
322
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.
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023 29 323
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
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2.040: T3 Neighborhood (T3N)
324
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
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.040: T3 Neighborhood (T3N)
325
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
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2.040: T3 Neighborhood (T3N)
326
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.
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023 33 327
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
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2.050: T4 Neighborhood (T4N)
328
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
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.050: T4 Neighborhood (T4N)
329
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
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2.050: T4 Neighborhood (T4N)
330
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.
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023 37 331
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
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2.060: T4 Main Street (T4MS)
332
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
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.060: T4 Main Street (T4MS)
333
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 2023
2.060: T4 Main Street (T4MS)
334
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.
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023 41 335
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 2023
2.070: T5 Neighborhood (T5N)
336
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
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.070: T5 Neighborhood (T5N)
337
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 2023
2.070: T5 Neighborhood (T5N)
338
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 neighborhoodserving ground floor retail, food and services. 45 ODS Zone Standards
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.080: T5 Main Street (T5MS)
339
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
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2.080: T5 Main Street (T5MS)
340
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
47 ODS Zone Standards
Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023
2.080: T5 Main Street (T5MS)
341
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
48 ODS Zone Standards
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2.080: T5 Main Street (T5MS)
342
2.090 Allowed Uses
Refer to the underlying zone for the allowed uses and standards in Title 18, Division III. Base District Regulations.
49 ODS Zone Standards
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343
50 ODS Zone Standards
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344
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
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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 Equipment1 X X 6' max. 6' max.
Refuse Storage Areas X X 6' max. 6' max.
Landscaping2 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 Equipment1 X X 6' max. 6' max.
Refuse Storage Areas X X 6' max. 6' max.
Landscaping2 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 Equipment1 X X 6' max. 6' max.
Refuse Storage Areas X X 6' max. 6' max.
Landscaping2 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 Equipment1 X X 6' max. 6' max.
Refuse Storage Areas X X 6' max. 6' max.
Landscaping2 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 Equipment1 X X 6' max. 6' max.
Refuse Storage Areas X X 6' max. 6' max.
Landscaping2 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 (OnSite 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 Half Block 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
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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
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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
364
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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 Street2
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.
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4.050: 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
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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 Street2
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.
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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-moderateintensity 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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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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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 mediumsized, 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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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 Space2
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 Street Side 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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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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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 Street Side 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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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 BlockScaled 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-tomoderate-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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Table 4.090.C Building Size and Massing
Height T3N/T4N T4MS/T5N
Stories 3 max.
Main Body1
Width per Townhouse 18' min.; 25' max.
Depth per Townhouse 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.
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
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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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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 Location1 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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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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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 Location1 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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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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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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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
1Building length includes main body and wings, as measured along street or civic space.
Key R = Required N = Not Required A = Allowed - = Not Allowed Final Draft - July 2023 City of Pittsburg Objective Design Standards 2023 89 383
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
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5.030: Massing and Composition Massing and Facade Articulation Standards 384
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 onestory 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
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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
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5.050: Architectural Recession(s) Massing and Facade Articulation Standards 386
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 squareor 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 Gallery
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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
Setback ROW Street
Setback ROW Street
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
Setback ROW Street
Setback ROW
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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 sidewalkfacing 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
Setback ROW Street
Setback ROW Street
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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)
Setback ROW Street
Setback ROW Street
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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
Setback ROW Street
Setback ROW Street
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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
ROW Sidewalk Street
ROW Sidewalk 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 7.040 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
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:
a. The frontage line in the case of a design site having a single frontage line; b. The shortest frontage line in the case of a corner design site with two frontage lines, neither of which are adjacent to a thoroughfare or a design site with independent frontage; 119
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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 nonresidential 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-ofway.
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 Naturalto-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.
Turf. 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.
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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X, 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
URTYARD 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
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(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
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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
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Definitions
City of Pittsburg Objective Design Standards 2023 Final Draft - July 2023 This page intentionally left blank
436
Ordinance No. 23- Page 1 of 2 November 20, 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
437
Ordinance No. 23- Page 2 of 2 November 20, 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 of the City of Pittsburg 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 20, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
438
Pittsburg Objective Design Standards
ODS Overlay Map
Attachment 2 Exhibit A
439
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 Three Ordinances Terminating Development Agreements Between the City of Pittsburg and 1) SEECON Built Homes, Inc. for the Greystone Place Project, 2) Discovery Homes, Inc. for the Belle Harbor (Waterstone) Subdivision Project, and 3) Forecast Land Development LLC for the Liberty Subdivision Project
MEETING DATE: November 20, 2023
EXECUTIVE SUMMARY
In May 2023, staff conducted an annual review of compliance for Development Agreements and concluded that the Greystone Place, Belle Harbor, and Liberty Subdivision residential projects have been fully constructed, all conditions of approval have been satisfied and that the Development Agreements can be terminated. State law requires Development Agreements to be terminated by using the same procedure to enter into the agreement.
The ordinances are now ready for City Council adoption.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
RECOMMENDATION
City Council to take the following actions:
1. Move to adopt Ordinance No. 23-1514, terminating the Development Agreement for the Greystone Place Project.
2. Move to adopt Ordinance No. 23-1515, terminating the Development Agreement for the Belle Harbor (Waterstone) Subdivision Project.
3. Move to adopt Ordinance No. 23-1516, terminating the Development Agreement for the Liberty Subdivision Project.
440
BACKGROUND
On November 6, 2023, the City Council held a public hearing, and introduced and waived further reading of Ordinance Nos. 23-1514, 23-1515, and 23-1516, terminating Development Agreements for the Greystone Place, Belle Harbor, and Liberty Subdivision residential projects respectively and authorized the City Manager to execute the documents necessary to terminate the Development Agreements with no further changes.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
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. 23-1514
2. Ordinance No. 23-1515
3. Ordinance No. 23-1516
Prepared by: Maurice Brenyah-Addow, Senior Planner
441
Ordinance No. 23-1514 Page 1 of 3 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Terminating a Development )
Agreement with Seecon Built ) ORDINANCE NO. 23-1514
Homes Inc. for Greystone Place )
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Pittsburg has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, state law at California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and governs development agreements (“DAs”) between certain public entities and developers of private property within a public entity’s jurisdiction; and
WHEREAS, a Development Agreement between the City of Pittsburg, California, and Seecon Built Homes Inc., was executed on October 5, 2015, to develop the “Greystone Place” project located on Harbor Street between Atlantic Avenue and Stoneman Avenue; and
WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration, approval, amendment, and termination of development agreements; and
WHEREAS, Government Code Section 65865.1 requires cities to conduct a periodic review of active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the terms of the Development Agreement (“Periodic Review”); and
WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substantial evidence, that a developer has complied in good faith with, and fully performed, the terms and conditions of the Development Agreement, the City may terminate the agreement; and
WHEREAS, the last periodic review of the Greystone Place Project Development Agreement was conducted, and on May 1, 2023, the City Council determined that the developer was in compliance with the terms of the Development Agreement; and WHEREAS, on or prior to October 27, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the November 6, 2023, public hearing on this item was posted at City Hall; was delivered to the Pittsburg Library; was noticed in the East County Times. A copy of the notice was also placed on the “Public Notices” page of the city website on October 27, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and 442
Ordinance No. 23-1514 Page 2 of 2 November 20, 2023
WHEREAS, on November 6, 2023, the City Council held a duly noticed public hearing on the Ordinance Terminating a Development Agreement with Seecon Built Homes Inc for the Greystone Place Project.
NOW, THEREFORE, the City Council of the City of Pittsburg 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 incorporated by reference.
B. Based on the City Council Staff Report dated November 6, 2023, and entitled, “Introduction of an Ordinance Terminating a Development Agreement Between the City of Pittsburg and SEECON Built Homes, Inc. for the Greystone Place Project”, and based on all written and oral testimony presented at the meeting, the City Council finds that the Developer has completed the project and fully complied with all relevant terms and conditions and therefore the DA can be terminated.
SECTION 2. Termination. The Development Agreement Between the City of Pittsburg, California and SEECON Built Homes, Inc. for the Greystone Place Project is hereby terminated.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 4. 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 5. 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 November 6, 2023, and was adopted and ordered published at a meeting of the City Council held on November 20, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
443
Ordinance No. 23-1515 Page 1 of 3 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Terminating a Development )
Agreement with Discovery ) ORDINANCE NO. 23-1515
Homes Inc. for the Belle Harbor )
(Waterstone) Subdivision Project )
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Pittsburg has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, state law at California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and governs development agreements (“DAs”) between certain public entities and developers of private property within a public entity’s jurisdiction; and
WHEREAS, a Development Agreement between the City of Pittsburg, California and Discovery Homes, Inc., was executed on July 22, 2016, to develop the “Belle Harbor (Waterstone) Subdivision” project located at 500 School Street, at the southeast corner of Harbor Street and School Street; and
WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration, approval, amendment, and termination of development agreements; and
WHEREAS, Government Code Section 65865.1 requires cities to conduct a periodic review of active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the terms of the Development Agreement (“Periodic Review”); and
WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substantial evidence, that a developer has complied in good faith with, and fully performed, the terms and conditions of the Development Agreement, the City may terminate the agreement; and
WHEREAS, the last periodic review of the Belle Harbor (Waterstone) Subdivision Development Agreement was conducted, and on May 1, 2023, the City Council determined that the developer was in compliance with the terms of the Development Agreement; and
WHEREAS, on or prior to October 27, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the November 6, 2023, public hearing on this item was posted at City Hall; was delivered to the Pittsburg Library; was noticed in the East County Times. A copy of the notice was also placed on the “Public Notices” page of the city website on October 27, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and 444
Ordinance No. 23-1515 Page 2 of 3 November 20, 2023
WHEREAS, on November 6, 2023, the City Council held a duly noticed public hearing on the Ordinance Terminating a Development Agreement with Discovery Homes Inc for the Belle Harbor (Waterstone) Subdivision Project.
NOW, THEREFORE, the City Council of the City of Pittsburg 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 incorporated by reference.
B. Based on the City Council Staff Report dated November 6, 2023, and entitled, “Introduction of an Ordinance Terminating a Development Agreement Between the City of Pittsburg and Discovery Homes, Inc. for the Belle Harbor (Waterstone) Subdivision project, and based on all written and oral testimony presented at the meeting, the City Council finds that the Developer has completed the project and fully complied with all relevant terms and conditions and therefore the DA can be terminated.
SECTION 2. Termination. The Development Agreement Between the City of Pittsburg, California and Discovery Homes, Inc. for the Belle Harbor (Waterstone) Subdivision project is hereby terminated.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 4. 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 5. Publication. The ordinance shall be posted and published in accordance with the California Government Code.
445
Ordinance No. 23-1515 Page 3 of 3 November 20, 2023
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on November 6, 2023, and was adopted and ordered published at a meeting of the City Council held on November 20, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
446
Ordinance No. 23-1516 Page 1 of 3 November 20, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Terminating a Development )
Agreement with Forecast Land ) ORDINANCE NO. 23-1516
Development LLC for the Liberty )
Subdivision Project )
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Pittsburg has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, state law at California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and governs development agreements (“DAs") between certain public entities and developers of private property within a public entity’s jurisdiction; and
WHEREAS, a Development Agreement between the City of Pittsburg, California and Forecast Land Investment, LLC, was executed on June 28, 2018, for the Liberty Subdivision project located at 350 Central Avenue (south of the intersection of Central Avenue and Moose Way); and
WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration, approval, amendment, and termination of development agreements; and
WHEREAS, Government Code Section 65865.1 requires cites to conduct a periodic review of active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the terms of the Development Agreement (“Periodic Review”); and
WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substantial evidence, that a developer has complied in good faith with and fully performed, the terms and conditions of the Development Agreement, the City may terminate the agreement; and
WHEREAS, the last periodic review of the Liberty Subdivision Development Agreement was conducted, and on May 1, 2023, the City Council determined that the developer was in compliance with the terms of the Development Agreement; and WHEREAS, on or prior to October 27, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public 447
Ordinance No. 23-1516 Page 2 of 3 November 20, 2023
Hearing” for the November 6, 2023, public hearing on this item was posted at City Hall; was delivered to the Pittsburg Library; was noticed in the East County Times. A copy of the notice was also placed on the “Public Notices” page of the city website on October 27, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on November 6, 2023, the City Council held a duly noticed public hearing on the Ordinance Terminating a Development Agreement with Forecast Land Development LLC for the Liberty Subdivision Project.
NOW, THEREFORE, the City Council of the City of Pittsburg 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 incorporated by reference.
B. Based on the City Council Staff Report dated November 6, 2023, and entitled, “Introduction of an Ordinance Terminating a Development Agreement Between the City of Pittsburg and Forecast Land Development LLC for the Liberty Subdivision” Project, and based on all written and oral testimony presented at the meeting, the City Council finds that the Developer has completed the project and fully complied with all relevant terms and conditions and therefore the DA can be terminated.
SECTION 2. Termination. The Development Agreement Between the City of Pittsburg, California and Forecast Land Development LLC for the Liberty Subdivision Project is hereby terminated.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 4. 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 5. Publication. The ordinance shall be posted and published in accordance with the California Government Code.
448
Ordinance No. 23-1516 Page 3 of 3 November 20, 2023
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on November 6, 2023, and was adopted and ordered published at a meeting of the City Council held on November 20, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
449