Agenda packet — Pittsburg City Council, July 1, 2024 (part 1 of 3)

CITY OF PITTSBURG
AGENDA
JULY 01, 2024

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

CLOSED SESSION
6:00 P.M.

REGULAR MEETING
7:00 P.M.

CITY COUNCIL

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice- Mayor/Chair
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
Shanelle Scales-Preston, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts.

All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:00 PM - CONVENE IN CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957 City Manager
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

3. New Employee Introductions

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

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

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

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

PUBLIC HEARING

4. Introduction and Waive First Reading of Five Ordinances Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the 2040 General Plan Land Use Map, AP-24-0033 (RZ)
This is a public hearing on a request to introduce and waive first reading of five ordinances approving amendments to the Zoning Map and establishing Limited Overlay Districts to implement the 2040 General Plan Land Use Map, as required 2 by Government Code Section 65860. The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Ordinance, which includes the City’s Zoning Regulations and Zoning Map.

The comprehensive update will include additional consistency amendments to fully implement 2040 General Plan land use designations, policies and implementation actions. Details specific to each proposed rezone site, including Assessor Parcel Numbers (APNs), acreage, existing and proposed zoning designations, map, and Overlay Plan(s) are attached as Exhibit A to each proposed ordinance.

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND

SUCCESSOR AGENCY CONSENT CALENDAR

5. Minutes of June 17, 2024

6. Adoption of a City Council Resolution Approving a List of On-Call Traffic Engineering Service Firms, Authorizing the City Manager to Enter into Agreements with Selected Firms and to Approve up to Two-One Year Extensions of the Agreements, and Authorizing the Public Works Director/City Engineer to Execute Task Orders
The Traffic Engineering Services On-Call List of pre-qualified firms will allow staff to engage services as they are needed for design, studies, and documentation. If adopted, this resolution will approve a list of qualified firms for On-Call Traffic Engineering Services, authorize the City Manager to enter into agreements with selected firms and to approve up to two one-year extensions of the executed agreements, and authorize the Public Works Director/City Engineer to execute Task Orders.

7. Adoption of a City Council Resolution Approving a List of On-Call Civil Engineering and Surveying Service Firms, Authorizing the City Manager to Enter into Agreements with Selected Firms and to Approve up to Two One-Year Extensions of the Agreements and Authorizing the Public Works Director/City Engineer to Execute Task Orders
The Civil Engineering and Surveying Services On-Call List of pre-qualified firms will allow staff to engage services as they are needed for design, studies, documentation, and surveying. If adopted, the resolution will approve a list of qualified firms for on-call civil engineering and surveying services, authorize the City Manager to enter into Agreements with selected firms and to approve up to two one-year extensions of the executed Agreements, and authorize the Public Works Director/City Engineer to execute Task Orders.
3 8. Adoption of a City Council Resolution Approving a List of On-Call Construction Material Testing, Environmental, Hazardous Material Testing, and Geotechnical Service Firms, Authorizing the City Manager to Enter into Agreements with Selected Firms and to Approve up to Two-One Year Extensions of the Agreements, and Authorizing the Public Works Director/City Engineer to Execute Task Orders
The Construction Material Testing, Environmental, Hazardous Material Testing, and Geotechnical Services On-Call List of pre-qualified firms will allow staff to engage services as they are needed for studies, documentation, reports, mitigation, sampling, monitoring, and testing. If adopted, the resolution will approve a list of qualified firms for on-call construction material testing, environmental, hazardous material testing, and geotechnical services, authorize the City Manager to enter into Agreements with selected firms and to approve up to two one-year extensions of the executed Agreements, and authorize the Public Works Director/City Engineer to execute Task Orders.

9. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract for Temporary Landscape Maintenance Assistance Public Works obtains the assistance of a landscape contractor during the peak growing season to sustain maintenance on high visibility roads and labor-intensive areas throughout the City, allowing these areas to remain safe, beautiful, and maintained. If approved, the resolution would authorize the City Manager to execute a contract with Allied Landscape (Allied) for temporary landscape maintenance assistance in the medians and rights-of-way.

10. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract for Urban Forest Management and Tree Inventory Services If approved, this resolution will authorize execution of a consulting services agreement for Urban Forest Management Plan (UFMP) and tree inventory services with Davey Resource Group, Inc. (Davey)

11. Adoption of a City Council Resolution Authorizing the City Manager to Execute a First Amendment to the Consulting Services Agreement with West Yost and Associate, Inc. for Engineering Services During Construction for Project 5067 – Water Treatment Plant Filter Improvements and Hypochlorite Conversion Project 5067 - Water Treatment Plant Filter Improvements and Hypochlorite Conversion (the “Project”) includes installation of six new water filters, conversion of an existing gaseous chlorine system to liquid hypochlorite (bleach), and upgrades to filter effluent pumping and underground WTP infrastructure. A construction agreement has been approved for the Project. City staff desire to retain the services of the design consultant West Yost and Associate, Inc (West Yost) for engineering services during construction.
4 12. Adoption of a City Council Resolution Awarding a Purchase Agreement for Base Rock Supply
The Public Works Department is responsible for the care and maintenance of City streets, facilities, and infrastructure. Large quantities of supplies are used to carry out responsibilities, including base rock. If approved, the resolution will authorize a purchase agreement with vendor Antioch Building Materials (ABM) in the amount of $100,000.

13. Adoption of a City Council Resolution Awarding Purchase Agreements for Asphalt Supplies
The Public Works Department maintains the City’s public streets and sidewalks. A variety of pavement management techniques utilizing asphalt are implemented to extend the useful life of roadways. If approved, the resolution will authorize Purchase Agreements with a primary supplier and secondary supplier totaling $150,000.

14. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Lease Agreement Between the City of Pittsburg and Morello Restaurant Solutions LLC at 1005 Center Drive
The City proposes to enter into a Lease Agreement with Cornelio Balingit dba Morello Restaurant Solutions LLC (Tenant) for the operation of a counter service restaurant at 1005 Center Drive (Premises).

15. Adoption of a Pittsburg Power Company Resolution Accepting $243,000 in Funds from Construction Trade Workforce Initiative and Authorizing the Executive Director to Execute a Contract Amendment with Open Opportunities Inc.

Pittsburg Power Company (PPC) is the managing partner and fiscal agent for Future Build, a pre-apprenticeship program providing East County residents with training in the building trades. The Construction Trades Workforce Initiative (CTWI) has made available to PPC funding to enhance the services offered to Future Build trainees. This item also includes a request to authorize the City Manager to execute an amendment to the existing agreement with Open Opportunities Inc. to increase the total compensation amount for the day-to-day operation of the program.

16. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Enter into a Contract with Contra Costa County Workforce Development Board for Future Build Cohorts 26 and 27 and Establishing the Future Build Budget for Fiscal Year 2024-2025
The Pittsburg Power Company (PPC) proposes to enter into a $300,000 contract (Contract 18-466-3) with the Contra Costa County Workforce Development Board (WDB) for Future Build Cohorts 26 and 27, to be held between July 1, 2024 and June 30, 2025, and establish the Future Build Budget for fiscal year 2024-2025. 5 17. Adoption of a Pittsburg Power Company Resolution Approving the 2024 Wildfire Mitigation Plan and Directing Staff to File the Wildfire Mitigation Plan with the Office of Energy Infrastructure Safety
State Law, Public Utilities Code Section 8387, requires all publicly and investor- owned electric utilities to file an annual Wildfire Mitigation Plan with the California Public Utilities Commission (OEIS). The Pittsburg Power Company (PPC), a joint powers authority, provides retail electricity service on Mare Island, Vallejo and is therefore, required by law to create and update annually a Wildfire Mitigation Plan as a means of enabling processes and procedures to help mitigate the chance of PPC’s facilities causing a wildfire. The Office of Energy Infrastructure Safety (OEIS) requires the Governing Board of the PPC to approve its 2024 Annual Wildfire Mitigation Plan (Plan).

18. Adoption of an Ordinance Amending Pittsburg Municipal Code Chapter 2.85 and Repealing Chapter 2.86
On July 17, 2024, the City Council introduced and waived further reading of an Ordinance amending Pittsburg Municipal Code Chapter 2.85 and repealing Chapter 2.86 to consolidate the Purchasing Policy and two chapters of the Pittsburg Municipal Code for efficiency and ease of reference, to revise provisions for clarification, and to correct and/or align with current state law and local policy and practice.

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

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO JULY 15, 2024
6 NOTICE TO PUBLIC

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

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

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

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

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

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

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 7 City Council Agency/Liaison/Subcommittee Assignments as of June 17, 2024

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings Alternate Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alternate Standing 2nd Wednesday 4:30 PM J. Samuelson East Co. Co. County Habitat Conservancy Angelica Lopez / Juan Banales Alternate Standing 4th Monday
Bi-Monthly 2:00 PM J. Davis
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alternate Standing Quarterly 7:00 PM D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alternate Standing 2nd Thursday 6:30 PM J. Samuelson Tri-Delta Transit (2 reps)** Shanelle Scales-Preston & Dionne Adams / Jelani Killings Alternate Standing 4th Wednesday 4:00 PM J. Samuelson

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Shanelle Scales-Preston / Jelani Killings Alternate Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Juan Banales / Jelani Killings Alternate Standing 1st Thursday 6:30 PM G. Evans Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alternate Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alternate Standing Quarterly M. Aliotti

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Budget Sustainability Juan Banales & Jelani Killings Ad Hoc As needed G. Evans Community and Economic Development Jelani Killings & Dionne Adams / Juan Banales Alternate Standing 2nd Wednesday 5:00 PM J. Davis Facilities Rental and Usage Jelani Killings & Dionne Adams Ad Hoc As needed G. Evans Finance Management Juan Banales & Jelani Killings / Shanelle Scales-Preston Alternate Standing 3rd Friday 4:00 PM P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc 4th Friday 4:00 PM J. Brizel Green Empowerment Zone Dionne Adams/ Jelani Killings Alternate Standing 3rd Friday Bi-
monthly 9:30 AM J. Davis
Infrastructure and Transportation Shanelle Scales-Preston & Dionne Adams / Juan Banales Alternate Standing 4th Thursday 5:30 PM J. Samuelson Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alternate Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Shanelle Scales-Preston & Jelani Killings Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Angelica Lopez / Jelani Killings Alternate Standing 1st Wednesday 5:30 PM S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month 8

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Introduction and Waive First Reading of Five Ordinances Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the 2040 General Plan Land Use Map, AP-24-0033 (RZ)
MEETING DATE: July 1, 2024

EXECUTIVE SUMMARY
This is a public hearing on a request to introduce and waive first reading of five ordinances approving amendments to the Zoning Map and establishing Limited Overlay Districts to implement the 2040 General Plan Land Use Map, as required by Government Code Section 65860. The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Ordinance, which includes the City’s Zoning Regulations and Zoning Map. The comprehensive update will include additional consistency amendments to fully implement the 2040 General Plan land use designations, policies and implementation actions.

Details specific to each proposed rezone site, including Assessor Parcel Numbers (APNs), acreage, existing and proposed zoning designations, map, and Overlay Plan(s) are attached as Exhibit A to each proposed ordinance.

FISCAL IMPACT
There is no impact to the General Fund if this is approved.

RECOMMENDATION
City Council open the public hearing; take public comment; close the public hearing and take the following action:

Introduce, waive further reading, and pass to second reading, five ordinances (Attachments 1 - 5) approving amendments to the Zoning Map and Establishing Limited Overlay Districts.
9 BACKGROUND
On April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), proposing five Zoning Map Amendments to implement new land use designations consistent with the 2040 General Plan Land Use Map, as required by Government Code Section 65860. See Attachment 1 for a Vicinity Map of the proposed Zoning Map Amendments.

The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Ordinance, which includes the City’s Zoning Regulations and Zoning Map. The comprehensive update will include additional consistency amendments to fully implement 2040 General Plan land use designations, policies and implementation actions. For reference, the proposed Zoning Map Amendments do not indicate a decision by the City to approve or disapprove any specific development project.

On June 11, 2024, the Planning Commission held a public hearing to consider the proposed Zoning Map Amendments. Following public testimony and deliberations, the Planning Commission adopted Resolution No. 10247 (Attachment 2), recommending City Council approval of the proposed Zoning Map Amendments.

PROJECT DESCRIPTION:

Rezone 1 (RZ 1):

This item includes a Zoning Map Amendment from IG-O (General Industrial with Limited Overlay District) and IG (General Industrial District), to IG-O (General Industrial with Limited Overlay District), CW-O (Waterfront Commercial with Limited Overlay District), IL-O (Limited Industrial with Limited Overlay District), RS-4-O/RS-5-O (Single Family Residential 4,000 - 5,000 Square Foot Minimum Lot Size with Limited Overlay District), RM-O/RH-O (Medium- to-High Density Residential with Limited Overlay District), and RH-O (High Density Residential with Limited Overlay District).

CW-O, IG-O, and IL-O Zoning District Overlays would allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure consistent with the 2040 General Plan Land Use Map.

RS-4-O/RS-5-O, RM- O/RH-O, and RH-O Zoning District Overlays would allow for various single and multi-family residential development patterns, including single family residential detached, single family residential attached, multi-family residential, and mixed-use residential development consistent with the 2040 General Plan Land Use Map.

The parcels that comprise the RZ 1 Zoning Map Amendment are located at the northwestern corner of the City limits, north of Willow Pass Road.

Details specific to the proposed RZ 1 Zoning Map Amendment, including APNs, acreage, existing and proposed zoning designations, map, and Overlay Plans can be found in Attachment 3 - Exhibit A.
10 Rezone 2 (RZ 2):

This item includes a Zoning Map Amendment from OS (Open Space District) to IL-O (Limited Industrial with Limited Overlay District) to allow for Employment Center Industrial (ECI) uses consistent with the 2040 General Plan Land Use Map on a 103.14-acre site located on the eastern half of the former Delta View Golf Course south of West Leland Road near 2222 Golf Club Road.

Details specific to the proposed RZ 2 Zoning Map Amendment, including APNs, acreage, existing and proposed zoning designations, map, and Overlay Plan can be found in Attachment 4 - Exhibit A.

Rezone 3 (RZ 3):

This item includes a Zoning Map Amendment from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map on a 11.59-acre site located at the western limits of the City, south of State Route 4 adjacent to Avila Road.

Details specific to the proposed RZ 3 Zoning Map Amendment, including APNs, acreage, existing and proposed zoning designations, and map can be found in Attachment 5 - Exhibit A. Land use and property development regulations for the proposed RZ 3 Zoning Map Amendment would follow those of the Community Commercial District in Chapter 18.52 of Pittsburg Municipal Code (PMC). For this reason, an Overlay Plan does not accompany the RZ 3 Zoning Map Amendment.

Rezone 4 (RZ 4):

This item includes a Zoning Map Amendment from CW (Waterfront Commercial District) and IG (General Industrial District) to CW-O (Waterfront Commercial with Limited Overlay District) to allow for waterfront commercial, technology and innovation, limited manufacturing, clean energy and infrastructure uses consistent with the 2040 General Plan Land Use Map on 22.78-acre site located north of East Third Street, at the intersection of Harbor and East Third Streets.

Details specific to the proposed RZ 4 Zoning Map Amendment, including APNs, acreage, existing and proposed zoning designations, map, and Overlay Plan can be found in Attachment 6 - Exhibit A.

Rezone 5 (RZ 5):

This item includes a Zoning Map Amendment from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay District) to allow for limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map on a 0.90-acre site located at 2685 East Leland Road.

Details specific to the proposed RZ 5 Zoning Map Amendment, including APN, acreage, existing and proposed zoning designation, map, and Overlay Plan can be found in Attachment 7 - Exhibit A.
11 GENERAL PLAN/CODE COMPLIANCE:

The proposed Zoning Map Amendments are necessary to achieve consistency between the City’s Zoning Map and General Plan, as required by Government Code section 65860.

City of Pittsburg 2040 General Plan
Rezone 1 (RZ 1): Under the 2020 General Plan, the RZ 1 site was within the ‘Northwest River’ Subarea and had land use designations of Open Space and Industrial. The 2040 General Plan includes the RZ 1 site within the ‘North Central River’ Subarea and redesignated the site to: Employment Center Industrial, Industrial, Open Space, Medium Density Residential, High Density Residential, Very High Density Residential, Marina Commercial, Service Commercial and Park. Descriptions of each land use designation are provided below:

Properties within the ECI designation are intended to foster vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, business, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, data centers, technology and innovation, energy, hospitals and large-scale medical facilities, services, light and heavy automobile services, and supporting commercial uses.

Properties within the Industrial designation are intended to provide sites for manufacturing, wholesale, warehousing and distribution, commercial and business services, research and development, storage uses, agricultural, food and drug, and industrial processing; small restaurant and ancillary commercial uses are permitted subject to design standards.

Properties within the Open Space designation are sites with safety constraints, such as riparian corridors, sensitive habitats, and wetlands. No construction is allowed on land unsuitable for development due to safety constraints or protected natural resources.

Properties within the Medium Density Residential designation are intended to provide sites for one or two-story garden apartments, townhouses, and single-family residential (attached or detached).

Properties within the High Density Residential designation are intended to provide sites for a wide range of housing types from single-family attached units to multi-family complexes.

Properties within the Very High Density Residential designation are intended to provide sites for multi-family housing and attached single-family residential.

Properties within the Marina Commercial designation are intended to provide sites for waterfront-oriented uses, including recreational, visitor and community uses, business and professional services, offices, convenience sales, restaurants, public marketplaces, repair services, specialty retail (such as boat sales and repair), hotel/motel with a coastal orientation, recreational facilities, research and development, custom manufacturing, and marinas.
12 Properties within the Service Commercial designation are intended to provide sites for commercial business with potentially intense levels of noise or traffic, including automobile sales and services, building materials, nurseries, equipment rentals, contractors, wholesaling, warehousing, storage, and similar uses; offices, retail uses, restaurants, and convenience stores allowed as ancillary uses; residential uses permitted above ground floor commercial uses.

Properties within the Park designation are intended to provide sites for parks, recreation complexes, community fields, public golf courses, stadiums, greenways, local and regional trails.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the proposed RZ 1 Zoning Districts as implementing Zoning Districts for the land use designations described above.

Rezone 2 (RZ 2): Under both the 2020 and 2040 General Plans, the RZ 2 site remains within the ‘West Leland’ Subarea. Under the 2020 General Plan, the RZ 2 site had a land use designation of Park. The 2040 General Plan redesignated the entire RZ 2 site to Employment Center Industrial (ECI).

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the ECI land use designation.

Rezone 3 (RZ 3): Under both the 2020 and 2040 General Plans, the RZ 3 site remains within the ‘Southwest Hills’ Subarea. Under the 2020 General Plan, the RZ 3 site had land use designations of Open Space and Hillside Low Density Residential. The 2040 General Plan redesignated the entire RZ 3 site to Community Commercial.

Properties within the Community Commercial designation are intended to provide sites for commercial and community-serving businesses, including retail stores, eating and drinking establishments, commercial recreation and entertainment, service stations, financial, educational and social services.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CC (Community Commercial District) as an implementing Zoning District for the Community Commercial land use designation.

Rezone 4 (RZ 4): Under both the 2020 and 2040 General Plans, the RZ 4 site remains within the ‘Downtown’ and ‘Northeast River’ Subareas. Under the 2020 General Plan, the RZ 4 site had land use designations of Marine Commercial, Park and Industrial. The 2040 General Plan redesignated the entire RZ 4 site to Marina Commercial. 13 Properties within the Marina Commercial designation are intended to provide sites for waterfront-oriented uses, including recreational, visitor and community uses, business and professional services, offices, convenience sales, restaurants, public marketplaces, repair services, specialty retail (such as boat sales and repair), hotel/motel with a coastal orientation, recreational facilities, research and development, custom manufacturing, and marinas.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CW (Waterfront Commercial District) as an implementing Zoning District for the Marina Commercial land use designation.

Rezone 5 (RZ 5): Under both the 2020 and 2040 General Plans, the RZ 5 site remains within the ‘Loveridge’ Subarea. Under the 2020 General Plan, the RZ 5 site had a land use designation of Business Commercial. The 2040 General Plan redesignated the RZ 5 site to Employment Center Industrial (ECI).

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the ECI land use designation.

The proposed Zoning Map Amendments are consistent with the following 2040 General Plan Goals, Policies and Actions:
a. Goal-2-1: Promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites.
b. Policy 2-P-1.3: Ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations. c. Action 2-A-1.a: Update the City’s Zoning Ordinance and Subdivision Regulations to be consistent with the General Plan, including the General Plan Diagram. d. Goal-2-4: Promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents.
e. Policy 2-P-4.2: Encourage the development and intensification of employment centers, including high quality, professional office campuses, business parks, and industrial parks, along with innovation districts, related mixed-use development and open spaces. The centers shall be located in areas fully served by public facilities and services, located along major arterials with easy freeway access and with access from public transit, and accessible to bicyclists and pedestrians. 14 f. Goal 6-2: Facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City.
g. Policy 6-P-2.6: Facilitate the revitalization of existing shopping centers, business parks, industrial areas, and key corridors as needed in order to meet the economic development goals of the City.
h. Policy 6-P-2.7: Facilitate and encourage more efficient use of the City’s industrial and employment-generating land supply, creating higher employment densities and high-quality jobs, while discouraging the use of large sites and buildings with low intensity uses and other uses that may compromise the sustainability of these areas.
i. Policy 6-P-2.14: Encourage new businesses and project development under the Employment Center Industrial land use classification.
j. Action 6-A-2.a: Review, and update as necessary, zoning and other development regulations and application review and permitting process to ensure consistency with General Plan land use policies aimed at spurring job growth and economic development. Revisions may include increased flexibility regarding use types, business operations, site development standards, reduced parking standards near transit stations, or other changes intended to reduce impediments to development consistent with the goals of this General Plan.
k. Goal-2-17: To transform the NRG brownfield site into a vibrant community hub with diverse amenities, integrating river access, commercial and entertainment uses, high-quality jobs creation, a mix of housing types, and sustainable management of open spaces.
l. Policy 2-P-17.1: Support the remediation and revitalization of this site as a master- planned community with sustainable and resilient design that provides opportunities to work, live, and play and addresses Pittsburg’s jobs/housing balance, recreation, economic development, and public use needs.

Zoning:

Chapter 18.48 PMC sets forth procedures for amendments to the Zoning Map and Chapter

18.74 PMC sets forth procedures for approval of an Overlay Plan.

Proposed Zoning Map Amendments for RZ1, RZ 2, RZ 4 and RZ 5 sites include the use of Limited Overlay Districts. The purpose of the Limited Overlay District is to:

A. Allow for the establishment of control on an individual lot or group of individual lots that will supersede or supplement the requirements of the base district; B. Allow for flexibility from the normal land uses and regulations of the base district consistent with the general plan;
C. Ensure the preservation of specific features of a particular site or area; D. Ensure the preservation of the character of the area in proximity to a particular site; E. Provide specific development regulations in order to take advantage of the unique characteristics or location of a particular site or area that would be limited by the land use requirements of the base zoning district.
15 Pursuant to PMC section 18.74.060, an Overlay Plan shall be processed in accordance with Chapter 18.48 PMC at the same time as consideration of the Zoning Map Amendment to an Overlay District. Proposed Overlay Plans for RZ1, RZ 2, RZ 4 and RZ 5 sites are provided in Exhibit A of Attachments 3, 4, 6 and 7.

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

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

Required Findings – Overlay Plan: In order to approve an Overlay Plan, the City Council must determine, in accordance with PMC section 18.74.060, that the Overlay Plan:

1. Is necessary because there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district;

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulations of the base zoning district.

A full analysis of how the proposed Zoning Map Amendments meet the required findings is provided in Section 1 (Findings) of each Ordinance (Attachments 3 - 7).

Environmental Review: A Final Environmental Impact Report (FEIR) was prepared and certified in accordance with CEQA to evaluate the environmental impacts of approval and implementation of the 2040 General Plan. On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the FEIR in Resolution Nos. 24-14463 and 24- 14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).

The project analyzed in the FEIR was the City of Pittsburg’s 2040 General Plan which is a comprehensive update of the policies of the City’s 2020 General Plan and includes new or revised policies that address:
 Updates to the City’s Subareas, Land Use Map and Land Use Designations  Core Values of Sustainability Equity, Community Health and Environmental Justice  Commitment to Enhancing Community Character
 Mobility, Circulation, Active Transportation and Access to Regional Transportation  Support for Quality Education and Recreation Services and Opportunities  Business Attraction, Retention and Promotion
 Access to Parks, Recreation and Entertainment
 Commitment to Arts, Culture, Community Services and Resources  Safety and Resiliency Element, including Climate Adaptation  Inclusion of Measurable Implementation Actions
16  Updates to State Law (SB 1000, SB 743, AB 2923, AB 2097, etc.) The City has determined that no new or significant environmental effects, no substantial changes to circumstances or to previously identified significant effects, no significant revisions to mitigation measures and no new mitigation measures or alternatives would be associated with the proposed project. As described in Section 15162 (b), the Lead Agency (City of Pittsburg) has determined that an Addendum, consistent with Government Code Section 15164, is the appropriate course to address potential environmental impacts associated with the proposed project. The Addendum must be considered by the City Council for Planning Application No. AP-24-0033 (RZ).

See Attachment 8 for a link to the CEQA Addendum.

Public Notice: On or prior to June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall, the Pittsburg Library, the Marina Community Center, the Pittsburg Senior Center and on the “Public Notices” section of the City’s website. The City also sent the notice to local service agencies whose services might be affected by the proposed City-Initiated Zoning Map Amendments, and to individuals who had previously filed a written request for public hearing notices. Lastly, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits.

See Attachment 9 for the Public Hearing Notice.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
In order for the City Council to approve amendments to the Zoning Map, it must find that the Zoning Map Amendments are consistent with the objectives, policies, general land uses and programs specified in the General Plan; that there is a community need; that the amendments proposed would be in conformity with public convenience, general welfare and good zoning practice, and, in the case of an Overlay District, that the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed.

Staff believes the findings to support the proposed Zoning Map Amendments can be made because State law requires the City's Zoning Ordinance to be consistent with the General Plan. The proposed Zoning Map Amendments are consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

A. They will promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2-1) Check new GP Goals and policies.

B. They will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3). 17 C. They will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. They will support office, business, and industrial land uses that will improve the City’s employment base through high-quality, well-paid jobs that attract the technology, energy, and industrial sectors desired by the community (Policy 2-P-4.5).

E. They will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

F. They will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

The proposed Zoning Map Amendments would be consistent with the uses authorized in, and the regulations prescribed for, the land use districts for which they are proposed, in that allowable uses are permitted within the base District and the proposed individual Overlay Plans would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the base District.

The proposed Zoning Map Amendments would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendments would create additional employment opportunities within the City and generate property and sales taxes on vacant, underutilized sites to help contribute to the City’s revenue stream. The proposed Zoning Map Amendments would allow for employment-generating uses that follow the prescribed development standards and design guidelines in each individual Overlay Plan.

The proposed Zoning Map Amendments would be in conformity with the public convenience, general welfare, and good zoning practice, in that they will encourage development of employment and revenue-generating uses, which could help eradicate existing problems that come with blighted sites, such as illegal dumping and loitering.

ATTACHMENTS:

1. Vicinity Map

2. Planning Commission Resolution No. 10247

3. Ordinance for Rezone 1
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plans

4. Ordinance for Rezone 2
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

5. Ordinance for Rezone 3
a. Exhibit A – Zoning Map Amendment Description and Map

6. Ordinance for Rezone 4
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

7. Ordinance for Rezone 5
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

8. CEQA Addendum to 2040 General Plan FEIR

9. Public Hearing Notice
Prepared by: Alison Spells, Associate Planner
18 City-Initiated Zoning Map Amendments, AP-24-0033 (RZ) General Vicinity Map

RZ 1 Site
RZ 3 Site
RZ 5 Site
RZ 4 Site
RZ 2 Site
19 20

Page 1 of 10 ends

BEFORE THE PLANNING COMMISSION OF THE CITY OF PITTSBURG

In the Matter of:

Recommending City Council Approval of
Zoning Map Amendments to Implement
Land Use Designations Consistent with
the 2040 General Plan Land Use Map,
AP-24-0033 (RZ).
)
)
)
)
)

Resolution No. 10247

The Planning Commission DOES RESOLVE as follows:

Section 1. Background

A. On April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), proposing a series of Zoning Map Amendments to implement land use designations consistent with the 2040 General Plan Land Use Map, as required by Government Code Section 65860.

B. The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Ordinance, which includes the City’s Zoning Regulations and Zoning Map. The comprehensive update will include additional consistency amendments to fully implement the 2040 General Plan land use designations, policies and implementation actions.

C. The proposed Zoning Map Amendments do not indicate a decision by the City to approve or disapprove any specific development project.

D. The proposed Zoning Map Amendments are governed by the applicable goals and policies of the 2040 General Plan and the Pittsburg Municipal Code (PMC).

E. PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed zoning changes, and requires that the Planning Commission determine, prior to making its recommendation, that:

1. t he change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan;

2. in the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;

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

Page 2 of 10 ends

4. i ts adoption will be in conformity with public convenience, general welfare and good zoning practice.

F. On May 6, 2024, the City Council adopted Resolution Nos. 24-14464 and 24- 14463 certifying a Final Environmental Impact Report (FEIR) and adopting the 2040 General Plan, (State Clearinghouse No. 2022040427).

G. CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.

H. City staff prepared an Addendum for the proposed City-Initiated Zoning Map Amendments to determine whether and to what extent the FEIR for the 2040 General Plan remains sufficient to address the potential impacts of the proposed City-Initiated Zoning Map Amendments, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

I. Based on the analysis in the Addendum, staff determined that preparation of a supplemental or Subsequent EIR or ND was not required and that an Addendum provides the required environmental clearance under CEQA for the City-Initiated Zoning Map Amendments.

J. On Friday, May 31, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A, B and D, a “Notice of Public Hearing,” for the June 11, 2024, public hearing on this item was published in the East County Times.

K. On Friday, May 31, 2024, a “Notice of Public Hearing” was posted at City Hall, the Pittsburg Library, the Marina Community Center, the Pittsburg Senior Center and on the “Public Notices” section of the City’s website. The City also sent the notice to local service agencies whose services might be affected by the proposed City-Initiated Zoning Map Amendments, and to individuals who had previously filed a written request for public hearing notices. Lastly, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits.

L. On Tuesday, June 11, 2024, the Planning Commission held a public hearing on Planning Application No. AP-24-0033 (RZ), at which time additional oral and/or written testimony was considered.

Section 2. Findings

A. Based on the Planning Commission staff report entitled, “Resolution 22

Page 3 of 10 ends

Recommending City Council Approval of Zoning Map Amendments to Implement the City of Pittsburg 2040 General Plan (“Envision Pittsburg”) Land Use Map, AP- 24-0033 (RZ),” dated June 11, 2024, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the Planning Commission finds that:

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

2. City staff prepared an Addendum for the proposed City-Initiated Zoning Map Amendments to determine whether and to what extent the FEIR for the 2040 General Plan remains sufficient to address the potential impacts of the proposed City-Initiated Zoning Map Amendments, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.). Based on the analysis in the Addendum, staff determined that preparation of a supplemental or Subsequent EIR or ND was not required and that an Addendum provides the required documentation under CEQA for the proposed City-Initiated Zoning Map Amendments.

Zoning Map:

3. Pursuant to Pittsburg Municipal Code (PMC) section 18.16.020, before the Planning Commission makes its recommendation on an application for (1) a change of zoning district applicable to the subject property or (2) a change in the text of a land use regulation, it shall make specific written findings in accordance with PMC 18.48.030.

4. The proposed City-Initiated Zoning Map Amendments are consistent with the objectives, policies, general land uses and programs specified in the 2040 General Plan in that:

a. They will promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and
distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2- 1).

b. They will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing
plans, ordinances, and regulations (Policy 2-P-1.3).

Page 4 of 10 ends

c. They will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

d. They will support office, business, and industrial land uses that will improve the City’s employment base through high- quality, well-paid jobs that attract the technology, energy, and industrial sectors desired by the community (Policy 2-P-

4.5).

e. They will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development
objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

f. They will encourage new businesses and project
development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

5. The proposed City-Initiated Zoning Map Amendments and associated Overlay Plans are compatible with the uses authorized in, and the regulations prescribed for, the land use districts for which they are proposed, in that allowable uses are permitted within the base District and the proposed individual Overlay Plans would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the base District.

6. There is a community need for the proposed City-Initiated Zoning Map Amendments in that they would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities and encouraging employment growth as it improves the jobs/housing balance. The proposed City-Initiated Zoning Map Amendments would create additional employment opportunities within the City and generate property and sales taxes on vacant, underutilized sites to help contribute to the City’s revenue stream. The proposed City-Initiated Zoning Map Amendments would allow for employment-generating uses that follow the prescribed development standards and design guidelines in each individual Overlay Plan.

7. The proposed City-Initiated Zoning Map Amendments would be in conformity with the public convenience, general welfare, and good zoning practice, in that they will encourage development of employment and revenue-generating uses, which could help eradicate existing problems that come with blighted sites, such as illegal dumping and loitering.

Page 5 of 10 ends

B. The Staff Report entitled, “Resolution Recommending City Council Approval of Zoning Map Amendments to Implement the City of Pittsburg 2040 General Plan (“Envision Pittsburg”) Land Use Map, AP-24-0033 (RZ),” dated June 11, 2024, is referenced hereto as additional support for findings.

Section 3. Decision

Based on the findings and the authority set forth above, the Planning Commission hereby recommends that the City Council adopt an ordinance and resolution to amend the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance), section 18.04.020, as described below:

A. Rezone Site 1 (RZ 1) from IG-O (General Industrial with Limited Overlay District) and IG (General Industrial District), to IG-O (General Industrial with Limited Overlay District), CW-O (Waterfront Commercial with Limited Overlay District), and IL-O (Limited Industrial with Limited Overlay District), RS-4-O/RS-5-O (Single Family Residential 4,000 - 5,000 Square Foot Minimum Lot Size with Limited Overlay District), RM-O/RH-O (Medium-to-High Density Residential with Limited Overlay District), and RH-O (High Density Residential with Limited Overlay District) to allow for Employment Center Industrial (ECI) and various single and multifamily development patterns consistent with the 2040 General Plan Land Use Map on a site located at the northwest corner of the City limits, north of Willow Pass Road, as substantially presented in Exhibit A of this resolution;

B. Rezone Site 2 (RZ 2) from OS (Open Space District) to IL-O (Limited Industrial with Limited Overlay District) to allow for Employment Center Industrial (ECI) uses consistent with the 2040 General Plan Land Use Map on an approximately 103.14-acre site located on the eastern half of the former Delta View Golf Course south of West Leland Road near 2222 Golf Club Road, as substantially presented in Exhibit B of this resolution;

C. Rezone Site 3 (RZ 3) from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map on an approximately 11.59-acre site located at the western limits of the City, south of State Route 4 adjacent to Avila Road, as substantially presented in Exhibit C of this resolution;

D. Rezone Site 4 (RZ 4) from CW (Waterfront Commercial District) and IG (General Industrial District) to CW-O (Waterfront Commercial with Limited Overlay District) to allow for waterfront commercial, technology and innovation, limited manufacturing, clean energy and infrastructure uses consistent with the 2040 General Plan Land Use Map on an approximately 22.78-acre site located north of East Third Street, at the intersection of Harbor and East Third Streets, as substantially presented in Exhibit D of this resolution; and 25

Page 6 of 10 ends

E. Rezone Site 5 (RZ 5) from CW (Waterfront Commercial District) and IG (General Industrial District) to CW-O (Waterfront Commercial with Limited Overlay District) and IG-O (General Industrial with Limited Overlay District) to allow for limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map on an approximately 0.90-acre site located at 2685 East Leland Road, as substantially presented in Exhibit E of this resolution.

Section 4. Effective Date
This resolution shall take effect immediately upon its adoption.

On motion by Commissioner Foster, seconded by Commissioner Gordon , the foregoing resolution was passed and adopted the 11th day of June, 2024, by the Planning Commission of the City of Pittsburg, California by the following vote:

AYES: Kobata, Robinson, Foster, Gordon
NAYES: None
ABSTAIN: None
ABSENT: Smith, Stokes, Popova
I hereby certify that the above Resolution was adopted by the Planning Commission of the City of Pittsburg on June 11, 2024.
______________________________________

JOHN FUNDERBURG, SECRETARY

PITTSBURG PLANNING COMMISSION
26 Ordinance No. 24- Page 1 of 6 July 1, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District )
To Implement the 2040 General Plan )
Land Use Map for a Site Located at )
The Northwestern Corner of City Limits ) ORDINANCE NO. 24- As Specified in the Proposed Overlay )
Plan (RZ 1), AP-24-0033 (RZ). )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s zoning ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the RZ 1 area located at the northwestern corner of the City Limits, north of Willow Pass Road; and
WHEREAS, RZ 1 consists of the following Zoning Map Amendments: Areas currently designated IG-O (General Industrial with Limited Overlay District), OS (Open Space District) and IG (General Industrial District), would be rezoned to IG-O (General Industrial with Limited Overlay District), CW-O (Waterfront Commercial with Limited Overlay District), IL-O (Limited Industrial with Limited Overlay District), RS-4-O/RS-5-O (Single Family Residential 4,000 - 5,000 Square Foot Minimum Lot Size with Limited Overlay District), RM-O/RH-O (Medium-to-High Density Residential with Limited Overlay District), and RH-O (High Density Residential with Limited Overlay District); and
WHEREAS, RZ 1 consists of the following allowable uses: CW-O, IG-O, and IL-O Zoning District Overlays in RZ 1 would allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure consistent with the 2040 General Plan Land Use Map. RS-4-O/RS-5-O, RM- O/RH-O, and RH-O Zoning District Overlays in RZ 1 would allow for various single and multi-family residential development patterns, including single family residential detached, single family residential attached, multi-family residential, and mixed-use residential development consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating parcels within the RZ 1 area from “Open Space” and “Industrial” to “Open Space”, “Medium Density Residential”, “High Density Residential”, “Very High Density Residential”, “Marina Commercial”, “Employment Center Industrial”, “Industrial”, and “Park”, and certified the Final Environmental Impact Report (“FEIR”) under City Council Resolution Nos. 24-14464 and 24-14463; and
WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making 27 Ordinance No. 24- Page 2 of 6 July 1, 2024
its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the RZ 1 area and the associated RZ 1 Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) 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;

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.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that the Overlay Plan:

1. is necessary because there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district;

2. conforms to the general plan; and

3. generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the RZ 1 area, at which time oral and/or written testimony was considered.
28 Ordinance No. 24- Page 3 of 6 July 1, 2024
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 entitled, “Ordinance Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the City of Pittsburg 2040 General Plan Land Use Map, AP-24-0033 (RZ),” dated July 1, 2024, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

A. It will promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2-1).

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. It will support office, business, and industrial land uses that will improve the City’s employment base through high-quality, well-paid jobs that attract the technology, energy, and industrial sectors desired by the community (Policy 2- P-4.5).

E. It will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14). 29 Ordinance No. 24- Page 4 of 6 July 1, 2024

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that the proposed residential, commercial, industrial, and employment center industrial uses are permitted within the proposed Overlay Plan Districts. The proposed Limited Overlay for the RZ 1 area would require that all allowed uses and development standards follow the proposed Overlay Plan.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of Envision Pittsburg by expanding business opportunities in the technology sector and encouraging employment growth as it improves the jobs/housing balance. The proposed zoning map amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed zoning map amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the overlay plan.

4. The proposed Overlay Plan is necessary because there is a community need for housing, commercial development, waterfront access, and employment and technology uses. There are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

5. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple residential, commercial, industrial and executive technology use options for the project site while still providing site development and operational controls through the zoning administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

6. The proposed Overlay Plan generally complies with the land use and development regulations of the base zoning districts, in that it will encourage development of housing, workforce employment, commercial entertainment and recreational opportunities, and revenue-generating uses consistent with the base district Use Classifications.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code [PRC] §§ 21080).

On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the Final Environmental Impact Report (FEIR) in City Council Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).

CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified Environmental Impact Report (EIR) or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.
30 Ordinance No. 24- Page 5 of 6 July 1, 2024
Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

There are no substantial changes proposed by the Zoning Map Amendment or the circumstances in which the proposed Zoning Map Amendment would be undertaken that would require major revisions of the prior certified FEIR. The proposed Zoning Map Amendment does not require preparation of a new subsequent or supplemental EIR due to: 1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Rather, all the impacts associated with the proposed Zoning Map Amendment are within the envelope of impacts addressed in the prior certified FEIR. Therefore, staff determined that preparation of a supplemental or Subsequent EIR or ND was not required and that an Addendum provides the required documentation under CEQA for the proposed Zoning Map Amendment.

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to rezone the proposed RZ 1 area with accompanying Overlay Regulations, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective 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 California Government Code.
31 Ordinance No. 24- Page 6 of 6 July 1, 2024
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on_________, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
32 Attachment 3 - Exhibit A
RZ 1 Zoning Map Amendment
Rezone 1 (RZ 1):

This item includes a Zoning Map Amendment from General Industrial with a Limited Overlay (IG-O ) and General Industrial (IG), to General Industrial with a Limited Overlay (IG
-O), Waterfront Commercial with a Limited Overlay (CW -O), Limited Industrial with a Limited Overlay (IL-O), Single Family Residential 4,000 - 5,000 square foot minimum lot size with a Limited Overlay (RS -4-O/RS-5-O), Medium-to-High Density Residential with a Limited Overlay (RM-O /RH-O), and High Density Residential with a limited Overlay (RH-O ) Districts.

CW-O, IG
-O, and IL-O Zoning District Overlays would allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure c
onsistent with the 2040 General Plan Land Use Map.

RS
-4-O/RS-5-O, RM- O/RH-O, and RH -O Zoning District Overlays would allow for various single and multi-f amily residential development patterns, including single family residential detached, single family residential attached, multi -family residential, and m ixed-
use residential development consistent with the 2040 General Plan Land Use Map.

The proposed
RZ 1 sites total approximately 868 acres and are within the North Central River Subarea, located at the northwest corner of the City limits, north of Willow Pass Road.

Details specific
to the proposed RZ 1 Zoning Map Amendment, including existing and proposed Zoning designations, parcel sizes, and locations
can be found in the table below.
33 Zoning Map Amendment
RZ 1
APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
096-100-031 231 General Industrial with
Limited Overlay (IG-O);
Open Space (OS);
Governmental and
Quasipublic (GQ)
General Industrial with Limited Overlay
(IG-O); Open Space (OS); Governmental
and Quasipublic (GQ); Single Family
Residential 4,000 - 5,000 square foot
minimum lot size with a Limited Overlay
(RS-4-O/RS-5-O); Medium-to-High
Density Residential with a Limited
Overlay (RM-O/RH-O), High Density
Residential with a limited Overlay (RH-O)
Historical use as former fill
area, and no current use.
096-100-032 497 Open Space (OS);
General Industrial (IG),
Governmental and
Quasipublic (GQ)
Open Space (OS); Governmental and
Quasipublic (GQ); Waterfront Commercial
with a Limited Overlay (CW-O); Limited
Industrial with a Limited Overlay (IL-O)
Cooling water canal and three
cooling towers (not in use); is
the western portion of former
Power Plant industrial area.
096-100-033 24 General Industrial (IG) Waterfront Commercial with a Limited Overlay (CW-O); Limited Industrial with a
Limited Overlay (IL-O)
Formerly used as the Power
Plant industrial area. Industrial
structures exist on site.
096-100-034 116 General Industrial (IG);
Governmental and
Quasipublic (GQ)
Governmental and Quasipublic (GQ);
Waterfront Commercial with a Limited
Overlay (CW-O); Limited Industrial with a
Limited Overlay (IL-O); Single Family
Residential 4,000 - 5,000 square foot
minimum lot size with a Limited Overlay
(RS-4-O/RS-5-O); High Density
Residential with a limited Overlay (RH-O)
Formerly used as a tank farm.
34 Zoning Map Amendment
RZ 1

OS
– Open Space GQ - Governmental & Quasipublic IG – General Industrial IG-O –
General Industrial with a Limited Overlay CS-O Service Commercial with a Limited Overlay CW –
Waterfront Commercial Single-Family Residential, 5,000 square foot lot minimum Fig. 1: Existing Zoning Districts
RZ 1
Site
35 Zoning Map Amendment
RZ 1
OS
– Open Space GQ - Governmental & Quasipublic RH-O High Density Residential with a Limited Overlay RS-4-O/RS-5-O
Single-Family Residential, 4,000 - 5,000 square foot lot minimum IL-O –
Limited Industrial with a Limited Overlay IG-O – General Industrial with a Limited Overlay CW-O –
Waterfront Commercial with a Limited Overlay Willow Creek

RM-O/RH
-O – Medium to High Density Residential with a Limited Overlay IG – General Industrial IL-O
IL-O
IL-O
IL-O
IG-O RS-4-O
/RS-5-O
RS-4-O/
RS-5-O
OS
CW-O
RH-O
RM-O/
RH-O
Fig. 2: Proposed Zoning Districts
RZ 1
Site
36 Rezone 1
CW-O Land Use Regula�ons
Waterfront Commercial with Limited Overlay (CW-O) District CW-O District Land Use Regulations
Land Use Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to Pittsburg Municipal Code (PMC) Section 18.52 .010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the CW -O District and prescribe applicable review procedure, and conditionally issue approval.

CW-O District Property Development Regulations
Property Development Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to PMC Section 18.52.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the CW -O District, prescribe applicable review procedure, and conditionally issue approval.

The Zoning Administrator shall be responsible for administering the provisions of this Overlay District and shall have authority to review and approve the permitted uses and determine if specific uses are consistent with the objectives and provisions of the CW-O District.

CW-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices
Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center A facility providing for the storage of networked computer servers and related hardware equipment typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

Energy A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Medical Offices
and Medical
Testing
Offices of state -licensed firms or organizations that provide human physical and psychological health services and resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning ser vices, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and
Development
Services and
Production

Research and Development Services establishments are primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory.

Research and Development Productions establishments are primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Limited. Establishment engaged in the fabrication, assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.

Custom. Establishment primarily engaged in on- site production of goods by hand manufacturing involving the use of hand tools and small -scale equipment. This classification may include the incidental direct sale to consumers of only those products produced on- site. Typical uses include ceramic studio, candle- making, boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

With Exterior Storage. Storage and handling of goods and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility.

38 Rezone 1
IG-O Land Use Regula�ons

General Industrial with Limited Overlay (IG-O) District IG-O District Land Use Regulations
Land Use Regulations for the IG -O District shall be the same as those of the base General Industrial (IG) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the IG-O District and prescribe applicable review procedure, and conditionally issue approval.

IG-O District Property Development Regulations
Property Development Regulations for the IG -O District shall be the same as those of the base General Industrial (IG ) District pursuant to P MC Section 18.54.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IG-O District, prescribe applicable review procedure, and conditionally issue approval.

IG-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, sec retarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

A facility providing for the storage of networked computer servers and related hardware equipment typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Financial Offices Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 39 Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

40 Rezone 1
IL-O Land Use Regula�ons

1 Limited Industrial with Limited Overlay (IL-O) District IL-O District Land Use Regulations
Land Use Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the IL-O District and prescribe applicable review procedure, and conditionally issue approval.

IL-O District Property Development Regulations
Property Development Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to PMC Section 18.54 .115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O District, prescribe applicable review procedure, and conditionally issue approval.

IL-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Financial Offices Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 41 Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Hospitals and
Large-Scale
Medical Facilities
Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out -patient treatment, as well as training, research, and administrative services for patients and employees.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

42 Rezone 1
RM-O/RH-O Land Use Regula�ons

1 Medium-to-High Density Residential with Limited Overlay (RM-O/RH-O) District RM-O/RH-O District Land Use Regulations
Land Use Regulations for the RM-O/RH-O District shall be the same as those of the base Medium and High-Density Residential Districts pursuant to Pittsburg Municipal Code (PMC) Section

18.50.010, with the addition of Mixed-Use Development and Live-Work Unit Development, as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the RM-O/RH-O District and prescribe applicable review procedure, and conditionally issue approval.

RM-O/RH-O District Property Development Regulations
Property Development Regulations for the RM-O/RH-O District shall be the same as those of the base Medium and High Density Residential Districts pursuant to PMC Section 18.50.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within Article II and/or Article III of PMC Chapter 18.36. The Zoning Administrator shall review the package and provide a determination for consistency with the RM-O/RH-O District, prescribe applicable review procedure, and conditionally issue approval.

RM-O/RH-O Additional Land Use Regulations
Use
Classifications
Definitions
Mixed-Use
Development

Integrated development consisting of Residential, Commercial, and/or Industrial Activities. Development may or may not be contained in a single building.

Live-Work Unit
Development

Development which contains separate residential and non -residential areas intended for both residential and non- residential uses concurrently and shares a common wall or floor with direct access between the residential and non-residential areas.

Non-residential areas shall be considered “Flex Space.” Flex Space is generally on the first floor of a Live- Work unit and provides an opportunity for c ommercial use with or without public access, which may be utilized by the resident of the live-work unit or may be independently rented or leased.

43 Rezone 1
RH-O Land Use Regula�ons

1 High Density Residential with Limited Overlay (RH-O) District RH-O District Land Use Regulations
Land Use Regulations for the RH-O District shall be the same as those of the base High-Density Residential Districts pursuant to Pittsburg Municipal Code (PMC) Section 18.50.010, with the addition of Mixed-Use Development and Live-Work Unit Development, as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the RH-O District and prescribe applicable review procedure, and conditionally issue approval.

RH-O District Property Development Regulations
Property Development Regulations for the RH -O District shall be the same as those of the base High Density Residential District pursuant to PMC Section 18.50.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within Article II and/or Article III of PMC Chapter 18.36. The Zoning Administrator shall review the package and provide a determination for consistency with the RH-O District, prescribe applicable review procedure, and conditionally issue approval.

RH-O Additional Land Use Regulations
Use
Classifications
Definitions
Mixed-Use
Development

Integrated development consisting of Residential, Commercial, and/or Industrial Activities. Development may or may not be contained in a single building.

Live-Work Unit
Development

44 Ordinance No. 24- Page 1 of 6 July 1, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District ) ORDINANCE NO. 24- to Implement the 2040 General Plan )
Land Use Map on a 103.14-Acre Site )
Located at 2222 Golf Club Road, AP- )
24-0033 (RZ). )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s Zoning Ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 103.14-acre property from OS (Open Space) to IL-O (Limited Industrial with Limited Overlay) District to allow for Employment Center Industrial (“ECI”) uses and to establish a Limited Overlay District; and WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 103.14-acre property from “Park” to “ECI,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including a 103.14-acre portion of the former Delta View Golf Course property designated as ECI; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 103.14- acre property and the associated Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
45 Ordinance No. 24- Page 2 of 6 July 1, 2024 WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) 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;

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, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC section 18.74.060) that the Overlay Plan:

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the 103.14-acre property, at which time oral and/or written testimony was considered.

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.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Employment Center Industrial’. This land use designation is intended to foster “vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, business, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, data centers, technology and innovation, energy, hospitals and large-scale medical facilities, services, light and heavy automobile services, and supporting commercial uses.” Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the Employment Center Industrial land use designation. The proposed Overlay District would be consistent with the intent of the ECI land use designation in that the proposed allowable uses within the overlay would include technology-focused, employment-generating uses.

The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that employment center industrial uses, such as laboratories, custom 47 Ordinance No. 24- Page 4 of 6 July 1, 2024 and limited manufacturing, and research and development, are permitted within the Limited Industrial (IL) District. The proposed Limited Overlay for the 103.14-acre property would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the IL District.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the technology sector and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Zoning Map Amendment would facilitate the use of a portion of a defunct golf course and help the City achieve its Economic Development Objectives, by enhancing the assessed value of the land and creating additional employment opportunities. Approval of this amendment would assist in facilitating the development of a technology-focused business park, a public convenience development for the area on an underutilized parcel. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue-generating uses, which could help eradicate existing problems that come with blighted sites, such as illegal dumping and loitering.

5. The proposed Overlay Plan is necessary because there is a community need for employment and technology uses and there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

6. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple industrial and executive technology use options for the project site while still providing site development and operational controls through the zoning administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

7. The proposed Overlay Plan generally complies with the land use and development regulations of the base zoning district, in that it will encourage development of employment and revenue-generating uses consistent with the Industrial Use Classification.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080).

On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the FEIR in Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).
48 Ordinance No. 24- Page 5 of 6 July 1, 2024 CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.

Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 103.14-acre site located at 2222 Golf Club Road from OS (Open Space) to IL-O (Limited Industrial with Limited Overlay), with accompanying Overlay Plan, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

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

SECTION 5. Severability.

The ordinance shall be posted and published in accordance with California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on _______________, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
50 Attachment 4 - Exhibit A
RZ 2 Zoning Map Amendment
Rezone 2 (RZ 2):

This item includes a Zoning Map Amendment from OS (Open Space) to IL -O (Limited Industrial with Limited
Overlay District) to allow for E mployment Center Industrial (E CI) uses consistent with the 2040 General Plan Land Use Map on a 103.14-acre site located on the eastern half of the former Delta View Golf Course south of West Leland Road near 2222 Golf Club Road.

APN Total Approximate
Acreage
Existing Zoning Proposed
Zoning
Current Use
095-160-001 2.97 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
095-150-032 13.24 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
095-160-002 20.50 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
094-080-046 66.43 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
51 Zoning Map Amendment
RZ 2
CC -
Community Commercial GQ - Government & Quasi Public IL-O - Limited Industrial RM - Medium
Density Residential OS – Open Space RS - Low Density Residential Unincorporated
Fig. 1: Existing Zoning District
RZ 2
Site
52 Zoning Map Amendment
RZ 2

CC -
Community Commercial GQ – Government & Quasi Public IL-O - Limited Industrial RM - Medium
Density Residential OS – Open Space RS - Low Density Residential Fig. 2: Proposed Zoning District
Unincorporated
RZ 2
Site
53 Rezone 2
IL-O Land Use Regula�ons
Limited Industrial with Limited Overlay (IL-O) District IL-O Permitted Uses:

Use Classifications Definitions
Administrative, Business, and
Professional Offices
Establishment engaged in the provision of executive,
management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support,
insurance, investment, legal, secretarial, accounting,
graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Energy A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy
conversion, and energy distribution equipment.

Government/Public Offices Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of
vehicles.

Medical Offices and Medical Testing Offices of state-licensed firms or organizations that provide human physical and psychological health services and
resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning services, optometrists, or
acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and Development Services
and Production
Research and Development Services establishments are
primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research
laboratory.

Research and Development Productions establishments
are primarily engaged in the research, development,
testing, and controlled production and wholesale of high- technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not
include uses that may be objectionable by reason of
production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include
54 biotechnology, film, and nontoxic electronic and computer component manufacturers.

Manufacturing (Custom and Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including
incidental and related processing, storage, wholesaling and distribution.

Limited. Establishment engaged in the fabrication,
assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.

Typical uses include ceramic studio, candle-making,
boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.

Warehouse and Distribution (Interior
and Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide
storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Establishments under this
classification may sort, package and label products for distribution, but do not display merchandise or
accommodate walk-in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

With Exterior Storage. Storage and handling of goods
and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility.

The Zoning Administrator shall be responsible for administering the provisions of this Overlay and shall have authority to review and approve the permitted uses and determine if specific uses are consistent with the objectives and provisions of the IL-O zone.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division for review and conformity with the standards and design review guidelines listed below. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O zone and approval.

IL-O Site Design:

The IL-O Project Site Area is approximately 76.38 acres and is bisected by the Contra Costa Canal into two major areas as depicted in Figure No. 1: Site Plan Concept. The approximately

22.05-acre area north of the canal is named Phase 1 and includes future development of a data center and corresponding PG&E and/or Pittsburg Power Company (P PC) substation. The approximately 54.33-acre area south of the canal is designated for future Phases 2 and 3 and designed to accommodate the permitted uses described above. 55 3

Carefully planned site design is an important element of all development projects. Site design should help ensure well-functioning and safe circulation around the site and establish aesthetically pleasing developments. Controlled truck site ingress and egress and services areas located at the rear of buildings or screening from public view should be considered. Additionally, articulated building façades and integrated landscape treatments should also be considered.

Estimated Development Capacity:

Size (AC) Development
Capacity (Sq. Ft.)
Phase 1 22.05 347,740
Phase 2 29.29 368,551
Phase 3 25.04 392,567
Total 76.38 1,108,858

IL-O Property Development
Regulations:

Property Development Regulations Feet
Minimum lot area (sq. ft.) 5,000
Minimum lot width 70
Minimum yards –
Minimum Front Setback 10
Minimum Side Setback 10
Minimum Side Setback (adjacent to an R or
residential PD district) 10
Minimum Corner side Setback 10
Minimum Rear Setback 10
Minimum Rear Setback (adjacent to an R or
residential PD district) 10
Maximum front yard (ft.) –
Maximum height1 of structure(s) 99
Minimum height of structure(s) –
Maximum lot coverage 60%
Maximum FAR 0.5
Minimum site landscaping 7%

1 Height shall be calculated from the proposed finished grade to top of roof membrane. This excludes screening and architectural facades, i.e., parapet.
56 IL-O Design Standards:

Building Form/Massing
The shape, size, proportions, and articulation of buildings contribute to the character of the Project Site Area. Designing appropriate attributes for these elements will help buildings blend into the natural character of the Project Site Area and minimize the buildings’ perceived size.

Appropriate attributes for a building’s design elements that are visible from a public viewing area should include:
• Articulated building facades as well as varying colors and materials to reduce the visual bulk of the building.
• Accentuated entrances through projected or recessed massing or features such as an overhang.
• Variation in roof lines or parapet heights. Note: Height shall be calculated from the proposed finished grade to top of roof membrane.
• Architectural accents such as cornices, trim around windows, grooves in walls, and accent bands can be used to create visual variation along building facades.

Materials, Colors and Textures
Building materials, colors and textures should be used to add visual interest to buildings while blending with the natural character of the Project Site Area.

Building materials and color applications include the following:
• Exterior building materials should include one or more of the following: smooth concrete, textured concrete, masonry block with textured or sandblasted finishes, glass and curtainwall glazing systems, natural and/or manufactured stone, or limited metal panel systems.
• Primary exterior building colors are encouraged to be light and warm tones. Darker and more intense colors should be utilized for accents and to accentuate entrances. • Materials changes should occur at intersecting planes, preferably at the corners of wall plane changes or where architectural elements intersect. Material changes can also occur elsewhere within wall planes.
• Materials or color applications should terminate at a logical point in relation to architectural features or massing.
• Multiple buildings in a development should have complementary materials and color palettes.

Functional Elements
Security fencing of 8-feet in height or higher may be installed at the perimeter of the property line of each development project.

Where incorporated in landscape design, walls and fences should be designed to complement building materials and colors where feasible.

Guard stations are permitted at the entrances to private drives.

57 5

Buffering and Screening
Rooftop, ground equipment, and truck docks shall be screened from the view of adjacent residential districts. Screening materials shall be consistent with building facades and may include fencing landscaping.

Landscape Design
Landscaping is a required component for the Project Site Area. Landscape design is intended to enhance site development with aesthetically pleasing and drought-tolerant landscaping. • Landscaping should be used to soften the appearance of buildings and provide a buffer with open areas and the roadway.
• Landscaping should blend with the natural environment. • Planting selection shall follow City requirements and consist of predominantly drought- tolerant plants.
• Use landscaping as part of storm water management best management practices (BMPs)
• Ground cover should be designed to have 100 percent coverage within one year.

Fire prevention is a key element of the landscape design and the continued maintenance of the Project Site Area. Landscaping shall be designed, installed, and maintained in accordance with Pittsburg Municipal Code (PMC) Chapter 15.20 - California Fire Code, an amended version of the 2022 California Fire Code (CFC).

The southern and eastern perimeter of Phase 3 is within a State Responsibility Area (SRA) and is classified as a High Fire Hazard Severity Zone (FHSZ), see Figure No. 2. Additional measures required for this area are specified in the CFC.

Signs
Signage in the Project Site Area shall be subject to Title 19 PMC Sign Regulations. The purpose of Title 19 PMC is to provide standards to promote and protect life, health, property and the public welfare by controlling the design, colors, quality of materials, construction, size, location, placement and maintenance of signs and sign structures.

IL-O Conformity Determinations and Development Application:

Applicant must submit a development application to the Planning Department for review and conformity with the standards and design review guidelines for the IL-O zone. The Zoning Administrator shall review development application packages and provide a determination for consistency and approval. Pursuant to PMC section 18.18.050, the decision of the Zoning Administrator can be appealed to the Planning Commission.

The required information that must be included in the development application, pursuant to PMC section 18.36.210 includes:

58 1) Site plan showing:
a. General location of property;
b. Property boundaries;
c. Existing topography and proposed grading (for property no less than 10 acres, a contour interval no greater than five feet and a horizontal map scale of one-inch equals 50 feet or larger shall be used; for property larger than 10 acres, a contour interval no greater than 10 feet and a horizontal map scale of one-inch equals 100 feet or larger shall be used);
d. All existing and proposed structures, the height of each structure and number of dwelling units in each structure;
e. All existing and proposed signs;
f. Location and approximate height of all adjacent structures on abutting sites; g. Location, dimensions, and quantity of existing and proposed off-street parking, with a statement indicating whether it conforms to applicable regulations; h. Existing and proposed vehicular and pedestrian ways, and trails, with grades, widths, and types of improvements;
i. Proposed vehicular access between site and public street; j. Locations, names, and widths of abutting streets;
k. Existing and proposed utilities;
l. Existing and proposed recreational facilities;
m. Existing and proposed storm drainage facilities;
n. Location of existing trees on the site;
o. Locations and heights of existing and proposed retaining walls; p. Locations and dimensions of trash disposal areas;
q. Roof overhangs;
r. Distances between buildings and from building walls to property lines; s. Proposed street names;
t. Handicap facilities;

2) Architectural drawings showing:
a. Floor plans at one-eighth inch or one-quarter inch equals one foot zero inches; b. Four elevations (or more if necessary) to include all sides of development at no less than one-eighth inch equals one foot zero inches;

3) Landscaping plan, including plant names and sizes, and an irrigation plan;

4) A recent photograph of the site itself and of adjacent properties showing the current condition of the properties;

5) Color and texture chips of actual samples of materials;

6) Additional information which may be requested by the Zoning Administrator including but not limited to the following:

a. Recent photographs of sight line profiles in sufficiently large scale, taken from commonly used vantage points in the city (shopping centers, road intersections, scenic lookouts, etc.) with the outline of the proposed structure in proper scale and perspective superimposed on it;
59 7

b. Architectural drawings showing the locations, size, color, shape and type of illumination of each proposed sign;

7) Other information as determined by the Zoning Administrator.

The Zoning Administrator shall consider the development application for approval and integrate it with the land use approval process, detailed below. If the Zoning Administrator can make the following findings, they shall approve the development application administratively without public notice and without the need to hold a public hearing:
a) The project complies with all applicable development standards identified in this Overlay Zone (IL-O) and the 2040 General Plan, and the Pittsburg Municipal Code. b) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development.
c) The proposed uses are in compliance with this Overlay Zone (IL-O), the 2040 General Plan and Pittsburg Municipal Code.
d) The project consists of repair work only, is consistent with a permitted use of this Overlay Zone (IL-O) and has a maximum footprint of 10,000 square feet or less.

The Zoning Administrator, or the Planning Commission in the case of an appeal, shall make written findings for its decision.

60 Figure No. 1: Site Plan Concept
61 9

Figure No. 2: Fire Hazard Severity Zone Map
62 Ordinance No. 24- Page 1 of 6 July 1, 2024

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

Amending the Zoning Map to Implement )
the 2040 General Plan Land Use Map )
on a 11.59-Acre Site Located at 101 ) ORDINANCE NO. 24- Avila Road, AP-24-0033 (RZ) )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s Zoning Ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 11.59-acre property from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 11.59-acre property from “Open Space” and “Hillside Low Density Residential” to “Community Commercial,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including the 11.59-acre site located at 101 Avila Road designated as Community Commercial; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 11.59- acre property; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; 63 Ordinance No. 24- Page 2 of 6 July 1, 2024 posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) 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;

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.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment for the 11.59-acre property, at which time oral and/or written testimony was considered.

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.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Community Commercial’. This land use designation is intended to “provide sites for commercial and community-serving businesses, including retail stores, eating and drinking establishments, commercial recreation and entertainment, service stations, financial, educational and social services.” Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CC (Community Commercial District) as an implementing Zoning District for the Community Commercial land use designation.
64 Ordinance No. 24- Page 3 of 6 July 1, 2024 The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. It will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that commercial and community-serving businesses are permitted within the Community Commercial (CC) District. Land use and property development regulations for the 11.59-acre site would follow those of the CC District in Chapter 18.52 of Pittsburg Municipal Code (PMC).

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the property development standards and design guidelines in Chapter 18.52 PMC.

4. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue-generating uses consistent with the Community Commercial Use Classification.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080). On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the FEIR in Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).
65 Ordinance No. 24- Page 4 of 6 July 1, 2024 CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 11.59-acre site located at 101 Avila Road from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

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

SECTION 5. Severability.

The ordinance shall be posted and published in accordance with California Government Code.

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
67 Attachment 5 - Exhibit A
RZ 3 Zoning Map Amendment

Page 1 of 3 ends

Rezone 3 (RZ 3):

This item includes a Zoning Map Amendment from OS-O (Open Space - Limited Overlay ) and HPD
(Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map on a 11.59- acre site located at the western limits of the C ity, south of State Route 4 adjacent to Avila Road.

Table 3: RZ 3
APN Total Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
091-020-018 11.59 Open Space with a
Limited Overlay (OS-
O) and Hillside
Planned District (HPD)
Community
Commercial (CC)
Recreational
Vehicle
Storage;
portion vacant
Note: Land use and property development regulations for the RZ 3 Zoning Map Amendment would follow those of the Community Commercial District in Chapter 18.52 of Pittsburg Municipal Code (PMC). 68 Zoning Map Amendment
RZ 3

Page 2 of 3 ends

CC - Community Commercial GQ - Government & Quasi Public OS - Open Space

HPD – Hillside Planned District PD – Planned Development RS - Low Density Residential

Fig. 1: Existing Zoning Districts

RZ 3
Site
69 Zoning Map Amendment
RZ 3

Page 3 of 3 ends

CC - Community Commercial GQ – Government & Quasi Public OS – Open Space

HPD – Hillside Planned District PD – Planned Development RS - Low Density Residential Fig. 2: Proposed Zoning District

RZ 3
Site
70 Ordinance No. 24- Page 1 of 6 July 1, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District to) ORDINANCE NO. 24- Implement the 2040 General Plan Land )
Use Map on a 22.78-Acre Site Located )
at the Intersection of Harbor and East )
Third Streets, AP-24-0033 (RZ). )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s zoning ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 22.78-acre site located at the intersection of Harbor Street and East Third Street, identified as the RZ 4 site; and WHEREAS, RZ 4 consists of rezoning all parcels involved from CW (Waterfront Commercial) to CW-O (Waterfront Commercial with Limited Overlay District), to establish an overlay district to allow for waterfront commercial, technology and innovation, limited manufacturing, clean energy and infrastructure uses within the Rezone 4 area, consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating parcels within the RZ 4 area from “Park”, “Marine Commercial”, and “Industrial” to “Marina Commercial”, and certified the Final Environmental Impact Report (“FEIR”) under City Council Resolution Nos. 24-14464 and 24-14463; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the RZ 4 area and the associated RZ 4 Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; 71 Ordinance No. 24- Page 2 of 5 July 1, 2024
posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) 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;

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.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that the Overlay Plan:

2. conforms to the general plan; and

3. generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the RZ 4 area, at which time oral and/or written testimony was considered.

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. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that the proposed commercial and employment generating uses are permitted within the proposed Overlay Plan District. The proposed Limited Overlay for the RZ 4 area would require that all allowed uses and development standards follow the proposed Overlay Plan.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the technology sector and encouraging employment growth. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for pedestrian-friendly and employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Overlay Plan is necessary because there is a community need for commercial development, waterfront access, and employment and technology uses.

There are special or unique characteristics of the site or improvements that require 73 Ordinance No. 24- Page 4 of 5 July 1, 2024
land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

5. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple commercial, industrial and executive technology use options for the project site while still providing site development and operational controls through the Zoning Administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code [PRC] §§ 21080).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to rezone the proposed RZ 4 area with accompanying Overlay Regulations, as depicted in Exhibits A and B of this Ordinance.

SECTION 4. Effective Date.

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

SECTION 5. Severability.

SECTION 6. Publication.

The ordinance shall be posted and published in accordance with California Government Code.

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
75 Attachment 6 - Exhibit A
RZ 4 Zoning Map Amendment
Rezone 4 (RZ 4):

This item includes a Zoning Map Amendment from Waterfront Commercial (CW) and General Industrial (IG) to Waterfront Commercial with a Limited Overlay (CW -O) District to allow for waterfront commercial, technology and innovation, limited
manufacturing, clean energy and infrastructure uses consistent with the 2040 General Plan Land Use Map on 22.78-acre site located north of East Third Street, at the intersection of Harbor and East Third Streets.

APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
073-010-002 0.54 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-003 1.99 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-004 1.58 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-005 0.29 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-008 0.29 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-014 4.32 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-015 13.77
Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
76 Zoning Map Amendment
RZ 4
Fig. 1 Existing Zoning Districts
CW -
Waterfront Commercial IG - General Industrial CP – Pedestrian Commercial RMD – Downtown
Medium Density Residential RS-5 - Low Density Residential, 5,000 Square Foot Lot Minimum

RZ 4
Site
CW
IG
77 Zoning Map Amendment
RZ 4
Fig. 2 Proposed Zoning Districts
CW-O -
Waterfront Commercial with a Limited Overlay RS-5 - Low Density Residential, 5,000 Square Foot Lot Minimum RMD
– Downtown Medium Density Residential IG - General Industrial CW-O
RZ 4
Site
78 Rezone 4
CW-O Land Use Regula�ons

Waterfront Commercial with a Limited Overlay (CW-O) District CW-O District Land Use Regulations
Land Use Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to Pittsburg Municipal Code (PMC) Section 18.52.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

CW-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment, and renewable energy structures, including solar panels and battery facilities.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

80 Ordinance No. 24- Page 1 of 6 July 1, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District ) ORDINANCE NO. 24- to Implement the 2040 General Plan )
Land Use Map on a 0.90-Acre Site )
Located at 2685 East Leland Road, )
AP-24-0033 (RZ). )
WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 0.90-acre property from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay) District to allow for Employment Center Industrial (“ECI”) uses and to establish a Limited Overlay District; and WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 0.90-acre property from “Business Commercial” to “ECI,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and
WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including the 0.90-site located at 2685 East Leland Road designated as ECI; and
WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 0.90- acre property and the associated Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
81 Ordinance No. 24- Page 2 of 6 July 1, 2024 WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) 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;

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.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC section 18.74.060) that the Overlay Plan:

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the 0.90-acre property, at which time oral and/or written testimony was considered.

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.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Employment Center Industrial’. This land use designation is intended to foster “vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, business, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, data centers, technology and innovation, energy, hospitals and large-scale medical facilities, services, light and heavy automobile services, and supporting commercial uses.” The proposed Overlay District would be consistent with the intent of the ECI land use designation in that the proposed allowable uses within the overlay would include limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map.

The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that Employment Center Industrial uses, such as laboratories, custom and limited manufacturing, and research and development, are permitted within the Limited Industrial (IL) District. The proposed Limited Overlay for the 0.90-acre 83 Ordinance No. 24- Page 4 of 6 July 1, 2024 property would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the IL District.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the manufacturing sector and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Zoning Map Amendment would help the City achieve its Economic Development Objectives, by enhancing the assessed value of the land and creating additional employment opportunities. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue- generating use, which could help eradicate existing problems that come with vacant, underutilized and blighted sites, such as illegal dumping and loitering.

5. The proposed Overlay Plan is necessary because there is a community need for light industrial uses and there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

6. The proposed Overlay Plan conforms to the 2040 General Plan, as described in Section 1(B)(1)(A – F) of this ordinance, and because it encourages new businesses under the ECI land use classification and provides increased flexibility regarding use types consistent with General Plan Policy 6-P-2.14 and Action 6-A-2.a.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080).

CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.
84 Ordinance No. 24- Page 5 of 6 July 1, 2024 Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 0.90-acre site located at 2685 East Leland Road from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay), with accompanying Overlay Plan, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

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

SECTION 5. Severability.

The ordinance shall be posted and published in accordance with California Government Code.

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
86 Attachment 7 - Exhibit A
RZ 5 Zoning Map Amendment
Rezone 5 (RZ 5):

This item includes a Zoning Map Amendment from CS (Service Commercial) to IL-O (Limited Industrial
with Limited Overlay District) to allow for limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map on a 0.90- acre site located at 2685 East Leland Road.

APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
088-152-017 0.90 Service
Commercial (CS)
Limited Industrial
with a Limited
Overlay (IL-O)
Vacant
commercial
building
87 Zoning Map Amendment
RZ 5
CC -
Community Commercial/ GQ - Government & Quasi Public IL-O - Limited Industrial CS
– Service Commercial
RH
- High Density Residential RM - Medium Density Residential RS - Low Density Residential Fig. 1: Existing Zoning District
RZ 5
Site
88 Zoning Map Amendment
RZ 5
CC -
Community Commercial/ GQ – Government & Quasi Public IL-O - Limited Industrial CS
– Service Commercial
RH- High Density Residential RM
- Medium Density Residential RS - Low Density Residential Fig. 2: Proposed Zoning District
RZ 5
Site
89 Rezone 5
IL-O Land Use Regula�ons
Limited Industrial with a Limited Overlay (IL-O) District IL-O District Land Use Regulations
Land Use Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

IL-O District Property Development Regulations
Property Development Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to PMC Section 18.54 .115, unless superseded by any applicable Condition of Approval, Specific Plan, Mas ter Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O District, prescribe applicable review procedure, and conditionally issue approval.

IL-O Additional Land Use Regulations
Use Classifications Definitions
Administrative, Business, and
Professional Offices

Establishment engaged in the provision of executive,
management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, sec retarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.
90 2

Government/Public Offices Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Hospitals and Large -Scale Medical
Facilities
Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out -patient treatment, as well as training, research, and administrative services for patients and employees.

Medical Offices and Medical Testing Offices of state -licensed firms or organizations that provide human physical and psychological health services and
resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning ser vices, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and Development Services
and Production

Research and Development Services establishments are
primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory.

Research and Development Productions establishments are primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology
electronic, industrial, or scientific products or commodities within an enclosed bui lding, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.

Limited Custom Manufacturing

Limited Custom Manufacturing Industrial Activities include the small-scale production of artisan and/or custom products. This activity typically includes the production of finished parts or products by hand, involving the use of hand tools and small - scale equipment within enclosed buildings. Limited Custom Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification includes, but is not limited to, the production of:

A. Light Food Processing: Beverages (including alcoholic) and food (excluding the production of highly pungent,
odor-causing items, such as vinegar and yeast) within
an establishment totaling ten thousand (10,000) square
feet or less of floor area;
B. Cameras and photographic equipment;
C. Custom sign-making;
D. Custom clothing;
E. Custom furniture building and refinishing;
F. Professional, scientific, measuring, and controlling instruments;
G. Musical instruments;
91 3

H. Medical, dental, optical and orthopedic instruments and appliances, and similar items; and
I. Handicraft, art objects, and jewelry.

Light Manufacturing Light Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling,
packaging, or treatment of components or products, primarily from previously prepared materials, and typically within enclosed buildings. Light Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties.

This classification includes, but is not limited to, the production or assembly of:

A. Production apparel manufacturing;
B. Computer and electronic products;
C. Pharmaceutical production;
D. Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such
as vinegar and yeast) with more than ten thousand
(10,000) square feet of floor area;
E. Electrical equipment, appliances, and components;
F. Furniture and related products;
G. Pharmaceutical production; and
H. Sporting and athletic goods.

Warehouse and Distribution (Interior
and Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Estab lishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk-in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

92 AAtt
1 Planning Application No. AP -24-0033 (RZ), City -Initiated Zoning Map Amendments
CEQA Addendum
to the Final Environmental Impact Report for the
Pittsburg 2040 General Plan Update (SCH# 2022040427) adopted by the Pittsburg City Council on May 6, 2024, under Resolution No s. 24-14463 and 24-14464.

Prepared by Alison Spells, Associate Planner
June 2024
Original Project
The City of Pittsburg (City) adopted the 2040 General Plan Update Final Environmental Impact Report (FEIR) on May 6, 2024, under Resolution Nos. 24-14463 and 24-14464.

Proposed Project

The project analyzed in this Addendum
includes City-Initiated Zoning Map Amendments
(proposed “project”) in ﬁve distinct areas of the City. Pursuant to Government Code 65860, the City is required to ensure consistency between land use designations in the 2040 General Plan and the Zoning Map.

Addendum to the 2 024 FEIR
This Addendum addresses the potential for any environmental impacts associated with the proposed project.

An Addendum is deﬁned by CEQA as follows:
15164. Addendum to an EIR or Negative Declaration
a. The lead agency or responsible agency shall prepare an addendum to a previously certiﬁed EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
c. An addendum need not be circulated for public review but can be included in or attached to the ﬁnal EIR or adopted negative declaration.

Attachment 8
93 AAtt
2 d. The decision making body shall consider the addendum with the ﬁnal EIR or adopted negative declaration prior to making a decision on the project.

e. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s ﬁndings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

Section 15164 (b) speciﬁcally indicates an Addendum may be prepared if none of the conditions described in Section 15162 do not exist requiring a subsequent Negative Declaration, as described below:

15162. Subsequent EIRs and Negative Declarations

a) When an EIR has been certiﬁed or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new signiﬁcant environmental effects or a substantial increase in the severity of previously identiﬁed signiﬁcant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new signiﬁcant environmental effects or a substantial increase in the severity of previously identiﬁed signiﬁcant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certiﬁed as complete or the Negative Declaration was adopted, shows any of the following:

A. The project will have one or more signiﬁcant effects not discussed in the previous EIR or negative declaration;

B. Signiﬁcant effects previously examined will be substantially more severe than shown in the previous EIR;

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more 94 AAtt
3 signiﬁcant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more signiﬁcant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

In this case, none of the conditions described in Section 15162 (a) exist, as described in this Addendum.

The City has determined that no new or signiﬁcant environmental effects, no substantial changes to circumstances or to previously identiﬁed signiﬁcant effects, no signiﬁcant revisions to mitigation measures and no new mitigation measures or alternatives would be associated with the proposed project. As described in Section 15162 (b), the Lead Agency (City of Pittsburg) has determined that an Addendum, consistent with Section 15164, is the appropriate course to address potential environmental impacts associated with the proposed project.

2040 General Plan Environmental Impact Report
On May 6, 2024, the Pittsburg City Council certiﬁed the Final Environmental Impact Report (Program FEIR) (SCH# 2022040427). The project analyzed in the Program FEIR is the City of Pittsburg 2040 General Plan (Envision Pittsburg), which is a comprehensive update of the policies of the City’s 2020 General Plan and includes new or revised policies that address:

• Updates to the City’s Subareas, Land Use Map and Land Use Designations • Core Values of Sustainability and Equity, Community Health and Environmental Justice
• Commitment to Enhancing Community Character
• Mobility, Circulation, Active Transportation and Access to Regional Transportation • Support for Quality Education and Recreation Services and Opportunities • Business Attraction, Retention and Promotion
• Access to Parks, Recreation and Entertainment
• Commitment to Arts, Culture, Community Services and Resources • Safety and Resiliency Element, including Climate Adaptation • Inclusion of Measurable Implementation Actions
• Updates to State Law (SB 1000, SB 743, AB 2923, AB 2097, etc.)

95 AAtt
4 The FEIR identiﬁed potentially signiﬁcant impacts to the following elements : air quality, greenhouse gas emissions, climate change and energy, noise, transportation and circulation, and utilities and service systems . As discussed in the 2040 General Plan DEIR and this Addendum, these impacts are minimized to the greatest extent feasible through General Plan Policies and Actions.

The FEIR is available here:
https://www.pittsburgca.gov/home/showpublisheddocument/16112/638485347808600000

Checklist Analysis of Project Revision
The following sections assess the proposed project according to the checklist contained in Appendix G of the 2023 CEQA Guidelines and the degree to which, if any, the proposed project would change the ﬁndings of the 2040 General Plan FEIR.

1. Aesthetics

2040 General Plan D EIR Findings
Chapter 3, Section 1 , Aesthetics and Visual Resources, of the 20 40 General Plan DEIR evaluates the aesthetic effects resulting from General Plan implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 20 40 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the c itywide effects of implementation would not:
• Have a substantial adverse effect on a scenic vista;
• Substantially damage scenic resources;
• Substantially degrade the existing visual character or quality of public views and surroundings in non-urbanized areas;
• Conﬂict with applicable zoning and other regulations governing scenic quality in urbanized areas; and
• Create new sources of substantial light or glare which would adversely affect day or nighttime views in the area.

Mitigation Required: None.

Proposed Project Impacts
The proposed project do es not include any textual changes or map changes that would result in a new effect on the visual character or scenic quality throughout the C ity because the physical form of new development will be largely unchanged in terms of basic parameters related to building bulk, mass and siting; therefore, there would be no new or substantially more severe impacts on the existing visual character and quality throughout the City compared to those analyzed in the 20 40 General Plan FEIR. The proposed project 96 AAtt
5 will allow for development consistent with the General Plan, which was anticipated and analyzed in the 2040 General Plan DEIR.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to aesthetics, substantially increase the severity of previously identiﬁed aesthetics impacts, or result in any new signiﬁcant impacts on aesthetics. Furthermore, new projects that could contribute to light and glare impacts would be required to go through the City's design review process and project-level CEQA analysis once project-speciﬁc information is available. Therefore, the impacts of the proposed project are less than signiﬁcant and no new mitigation would be required.

2. Agricultural and Forest Resources

2040 General Plan DEIR Findings
Chapter 3, Section 2 , Agricultural and Forest Resources, of the 2040 General Plan DEIR evaluates the effects to agricultural and forestry resources resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:
• Result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use; • Conﬂict with existing zoning for agricultural use, or a Williamson Act contract; • Conﬂict with existing zoning for, or cause rezoning of, forest land or timberland; • Result in the loss of forest land or conversion of forest land to non-forest use; and • Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use.

Mitigation Required: None.

Proposed Project Impacts
The proposed project does not include any textual changes or map changes that would result in a new effect on the agricultural or forest resources throughout the City because no forest lands, timber lands or Farmland (Prime Farmland, Unique Farmland, or Farmland of Statewide Importance) are located or designated within the Pittsburg Planning Area.

Therefore, there would be no new or substantially more severe impacts to agricultural and forest resources throughout the City compared to those analyzed in the 2040 General Plan FEIR. The proposed project will allow for development consistent with the General Plan which was anticipated and analyzed in the 2040 General Plan DEIR. 97 AAtt
6 Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to agricultural and forest resources, substantially increase the severity of previously identiﬁed agricultural and forest resources impacts, or result in any new signiﬁcant impacts on agricultural and forest resources. Therefore, the impacts of the proposed project are less than signiﬁcant and no new mitigation would be required.

3. Air Quality

2040 General Plan DEIR Findings
Chapter 3, Section 3 , Air Quality, of the 2040 General Plan DEIR evaluates the air quality effects of growth resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

While t he 2040 General Plan FEIR concluded that the citywide effects of General Plan implementation would not conﬂict with or obstruct implementation of any applicable air quality plans, it also identiﬁed that implementation could potentially:

• Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard;
• Expose sensitive receptors to substantial pollutant concentrations; and • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

However, implementation of 2040 General Plan goals, policies, and actions and compliance with the required air quality regulatory framework would reduce potential air quality impacts associated with future operational emissions, reduce the exposure to sensitive receptors to pollutant concentrations and address potential conﬂicts in land uses that could result in odor complaints.

Mitigation Required: Minimized to the greatest extent feasible through 2040 General Plan Policies and Actions.

Proposed Project Impacts
The proposed project was developed to implement the adopted 2040 General Plan land use designations and does not include any changes to 2040 General Plan goals, policies or implementation actions for regulatory framework concerning air quality impacts, nor does the proposed project change any development regulations in Pittsburg Municipal Code with regard to air quality, emissions, health risks, or odors. 98 AAtt
7 Conclusion
The proposed project
would not alter the conclusions of the 2040 General Plan FEIR with respect to air quality, substantially increase the severity of previously identiﬁed air quality impacts, or result in any new signiﬁcant impacts on air quality because the project implements 2040 General Plan policies designed to reduce air quality emissions and would not result in any changes that would increase air quality emissions. No new mitigation would be required.

4. Biological Resources

2040 General Plan DEIR Findings
Chapter 3, Section 4 , Biological Resources, of the 2040 General Plan DEIR evaluates the impacts to biological resources resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

Chapter 3, Section 4, of the 2040 General Plan DEIR included discussion of Biological Resources and found potential impacts could occur from General Plan implementation but that such impacts would be reduced to less. than. signiﬁcant because all future development and infrastructure projects are required to comply with:

• 2040 General Plan Policies and Actions,
• Applicable federal site-speciﬁc biological resources assessments • Title 18 of the Pittsburg Municipal Code (“Zoning Ordinance”), including requirements for Geotechnical Investigations and development of Geotechnical Reports,
• CEQA,
• provisions of the California Building Standards Commission and California Building Code,
• Regional Water Quality Control Board Regulations, including requirements for development of project-speciﬁc Storm Water Pollution Prevention Plans, and • California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law).

Based on these requirements, the 2040 General Plan FEIR concluded that implementation of the 2040 General Plan would not:

• Have a substantial adverse effect, either directly or through habitat modiﬁcations, on any species identiﬁed as a candidate, sensitive, or special status species in local or regiona plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service;

99 AAtt
8 • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identiﬁed in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service; •
Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, ﬁlling, hydrological interruption, or other means;
• Interfere substantially with the movement of any native resident or migratory ﬁsh or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
• Conﬂict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
• Conﬂict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

Mitigation Required: None.

Proposed Project Impacts
The proposed project does not involve any changes to land use designations, land use regulations, development standards, or any other regulations developed for the protection of biological resources in the City. In addition, the proposed project would not allow development on land not allowed for development under the adopted General Plan assessed in the 2040 General Plan EIR, and therefore, would not result in additional biological resources impacts beyond those identiﬁed in the 2040 General Plan EIR.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to biological resources, substantially increase the severity of previously identiﬁed biological resource impacts or result in any new signiﬁcant impacts on biological resources because the project implements 2040 General Plan policies designed to protect biological resources and would not result in any changes that would lead to a substantial adverse effect on biological resources. No new mitigation would be required.

5. Cultural and Tribal Resources

2040 General Plan DEIR Findings
Chapter 3, Section 5, Cultural and Tribal Resources, of the 2040 General Plan DEIR evaluates the impacts to cultural and tribal resources resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

100
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9 While the 2040 General Plan does not directly propose any adverse changes to any historic, tribal cultural or archaeological resources, future development allowed under the General Plan could affect known historic, tribal cultural or archaeological resources or unknown historic, tribal cultural or archaeological resources which have not yet been identiﬁed.

As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the City’s 2040 General Plan, Municipal Code, and other applicable State and local regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA.

The 2040 General Plan includes policies and actions which, when combined with adopted CEQA review requirements, would ensure that adverse effects on signiﬁcant tribal cultural, historic and archaeological resources are reduced to a less than signiﬁcant level.

Based on these requirements, the 2040 General Plan FEIR concluded that implementation of the 2040 General Plan would not:

• Cause a substantial adverse change in the signiﬁcance of a historical resource pursuant to Section 15064.5;
• Cause a substantial adverse change in the signiﬁcance of an archaeological resource pursuant to Section 15064.5;
• Disturb any human remains, including those interred outside of formal cemeteries; or
• Cause a substantial adverse change in the signiﬁcance of a tribal cultural resource, d e ﬁ n e d i n P u b l i c R e s o u r c e s C o d e S e c t i o n 2 1 0 7 4 a s e i t h e r a s i t e , f e a t u r e , p l a c e , cultural landscape that is geographically deﬁned in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
o Listed or eligible for listing in the California Register of Historical Resources, o r i n a l o c a l r e g i s t e r o f h i s t o r i c a l r e s o u r c e s a s d e ﬁ n e d i n P u b l i c R e s o u r c e s Code Section 5020.1(k)
o A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be signiﬁcant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivisio n (c) of Public Resources Code Section 5024.1, the lead agency shall consider the signiﬁcance of the resources to a California Native American tribe.

Mitigation Required: None.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to historic, tribal cultural or archaeological resources, would not substantially increase the severity of previously identiﬁed historic, tribal cultural or archaeological resources impacts, or result in any new signiﬁcant historic, tribal cultural or archaeological resources impacts. No new mitigation would be required.

6. Geology and Soils

2040 General Plan DEIR Findings
Chapter 3, Section 6, Geology and Soils, of the 2040 General Plan DEIR evaluates the impacts to geology and soil resources resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

Chapter 3, Section 6, Geology and Soils, of the 2040 General Plan DEIR included discussion of geology and soil resources and found potential impacts could occur from General Plan implementation but that such impacts would be reduced to less. than. signiﬁcant because all future development and infrastructure projects are required to comply with:

• 2040 General Plan Policies and Actions,
• Title 18 of the Pittsburg Municipal Code (“Zoning Ordinance”), including requirements for Geotechnical Investigations and development of Geotechnical Reports,
• CEQA,
• provisions of the C alifornia Building Standards Commission and California Building Code,
• Regional Water Quality Control Board Regulations, including requirements for development of project-speciﬁc Storm Water Pollution Prevention Plans, and • California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law).

Based on these requirements, t he 2040 General Plan FEIR concluded that implementation of the 2040 General Plan would not:

• Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
o Rupture of a known earthquake fault, as delineated on the most recent 102
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11 AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42;
o Strong seismic ground shaking;
o Seismic-related ground failure, including liquefaction; or o Landslides.
• Result in substantial soil erosion or the loss of topsoil; • Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse;
• Be located on expansive soil, as deﬁned in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property; • Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water; or
• Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Mitigation Required: None.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to geology, soils, and seismicity, substantially increase the severity of previously identiﬁed signiﬁcant effects on geology, soils, and seismicity, or result in any new signiﬁcant impacts because the project implements General Plan policies designed to reduce geologic, seismic, and erosion risks and would not result in any changes that would lead to increased geologic, seismic, or erosion risks. No new or substantially more severe impacts would occur, and no new mitigation would be required.

7. Greenhouse Gas Emissions, Climate Change and Energy

Chapter 3, Section 7, Greenhouse Gas Emissions, Climate Change and Energy, of the 2040 General Plan DEIR evaluates the effects of growth on greenhouse gas emissions, climate change and energy, resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General 103
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12 Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that citywide effects of implementation would have a significant and unavoidable impact on greenhouse gas emissions and conflict with or obstruct implementation of any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. However, the 2040 General Plan’s proposed land use plan and policy framework would provide for future development that would support placement of land uses in proximity to each other and to transit ; reduce vehicle trips; and address potential health-related impacts associated with new development, amongst others. All future development and infrastructure projects within the City would be subject to the 2040 General Plan goals, policies, and actions, which would contribute to the reduction of GHG impacts.

The 2040 General Plan FEIR also concluded that citywide effects of implementation would not result in a signiﬁcant impact due to wasteful, inefficient, or unnecessary consumption of energy resources, or conﬂict with or obstruct a state or local plan for renewable energy or energy efficiency.

Mitigation Required: Minimized to the greatest extent feasible through General Plan Policies and Actions.

Proposed Project Impacts
The proposed project would not result in an increase in growth beyond that allowed by the adopted 2040 General Plan assessed in the 2040 General Plan DEIR, or change any land use designations, development standards, and regulations designed to reduce GHG emiss ions and energy consumption.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to GHG emissions and energy consumption, substantially increase the severity of previously identiﬁed signiﬁcant effects on GHG emissions and energy consumption, or result in any new signiﬁcant impacts because the project implements General Plan policies and actions designed to reduce GHG emissions and energy consumption and would not result in any changes that would increase GHG emissions or energy consumption. No new or substantially more severe impacts would occur, and no new mitigation would be required.

8. Hazards and Hazardous Materials

2040 General Plan DEIR Findings
Chapter 3, Section 8 , Hazards and Hazardous Materials, of the 2040 General Plan DEIR evaluates the impacts of hazards and hazardous materials resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance 104
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13 criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:

• Create a signiﬁcant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials;
• Create a signiﬁcant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment;
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; • Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a signiﬁcant hazard to the public or the environment; • For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area; • Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or
• Expose people or structures, either directly or indirectly, to a signiﬁcant risk of loss, injury or death involving wildland ﬁres.

Mitigation Required: None.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to hazards and hazardous materials, substantially increase the severity of previously identiﬁed hazards and hazardous waste impacts, or result in any new signiﬁcant hazards and hazardous waste impacts because the project implements General Plan policies designed to reduce these hazards and would not result in any changes that would lead to increased hazards or releases of hazardous materials into the environment. No new or substantially more severe impacts would occur, and no new mitigation would be required.

105
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14 9. Hydrology and Water Quality

2040 General Plan DEIR Findings
Chapter 3, Section 9, Hydrology and Water Quality, of the 2040 General Plan DEIR evaluates the hydrology and water quality effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:

• Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.
• Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
• Conﬂict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
• Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
o Result in substantial erosion or siltation on- or off-site; o Substantially increase the rate or amount of surface runoff in a manner which would result in ﬂooding on- or offsite;
o Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff;
o Impede or redirect ﬂood ﬂows.
• In ﬂood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.

Mitigation Required: None.

Proposed Project Impacts
The proposed project does not approve any speciﬁc development project and therefore would not change the severity of impacts to hydrology and water quality. The proposed project does not change any land use designations, land use regulations, development standards, or other regulations designed to reduce hydrology and water quality impacts.

Through implementation of 2040 General Plan policies and actions, Pittsburg Municipal Code requirements related to stormwater management and discharge control (Chapter

13.28 PMC) and grading, erosion and sediment control (Chapter 15.88 PMC), compliance with mandatory federal and state regulations, and compliance with the existing regulations 106
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15 for the Kirker Creek-Frontal Suisun Bay Estuaries, Suisun Bay Estuaries, Suisun Bay Islands, and Markley Canyon-San Joaquin River watersheds, impacts to drainage patterns and water quality would be mitigated to a less than signiﬁcant level.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to hydrology and water quality, substantially increase the severity of previously identiﬁed hydrology or water quality impacts, or result in any new signiﬁcant hydrology or water quality impacts because the project implements General Plan policies designed to reduce hydrology and water quality impacts and would not result in any changes that would lead to increased hydrology and water quality impacts. No new mitigation would be required.

10. Land Use and Planning/Population and Housing

2040 General Plan DEIR Findings
Chapter 3, Section 10, Land Use Planning and Population/Housing, of the 2040 General Plan DEIR evaluates the land use planning and population/housing effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:

• Physically divide an established community;
• Cause a signiﬁcant environmental impact due to a conﬂict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect;
• Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure); or • Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.

Mitigation Required: None.

Proposed Project Impacts
The proposed project is intended to achieve consistency between the City’s recently adopted 2040 General Plan and the City’s Zoning Map. The proposed project does not involve changes to land use designations, policies, or action programs of the General Plan, nor does it modify any provisions of the City’s Zoning Ordinance (PMC Title 18) pertaining to land use and planning and population/housing. No new mitigation would be required. 107
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16 Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to land use and planning or population/housing, substantially increase the severity of previously identiﬁed land use and planning or population/housing impacts or result in any new signiﬁcant land use and planning or population/housing impacts because the project implements General Plan policies designed to reduce land use and planning and population/housing impacts and would not result in any changes that would lead to increased land use and planning or population/housing impacts. No new mitigation would be required.

11. Mineral Resources

2040 General Plan DEIR Findings
Chapter 3, Section 1 1, Mineral Resources, of the 2040 General Plan DEIR evaluates the mineral resources effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:

• Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state; or
• Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, speciﬁc plan or other land use plan.

Mitigation Required: None.

Proposed Project Impacts
The proposed project would have no impact on mineral resources because the project would not change 2040 General Plan policies protecting mineral resources and would carry forward current regulations related to mineral resources.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to mineral resources, substantially increase the severity of previously identiﬁed mineral resources impacts or result in any new signiﬁcant impact on mineral resources because the project implements General Plan policies designed to protect mineral resources and would not result in any changes that would result in the loss of availability of a known mineral resource or important mineral resource recovery site. No new mitigation would be required.

108
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17 12. Noise

2040 General Plan DEIR Findings
Chapter 3, Section 1 2, Noise, of the 2040 General Plan DEIR evaluates the noise effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:

• Generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; • Generate excessive groundborne vibration or groundborne noise levels; or • For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels.

The 2040 General Plan FEIR concluded that citywide effects of implementation would result in an increase in construction noise sources. However, the proposed 2040 General Plan includes policies and actions that are intended to reduce noise associated with construction noise. Speciﬁcally, Policy 13 -P-1.7 would reduce noise associated with construction noise.

Mitigation Required: Minimized to the greatest extent feasible through General Plan Policies and Actions.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to noise, substantially increase the severity of previously identiﬁed noise impacts, or result in any new signiﬁcant impacts because the proposed project implements General Plan policies designed to reduce potential noise impacts in the City and would not result in any changes that would increase noise impacts. No new mitigation would be required.

109
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18 13. Public Services and Recreation

2040 General Plan DEIR Findings
Chapter 3, Section 13 , Public Services and Recreation , of the 2040 General Plan DEIR evaluates impacts to Public Services and Recreation resulting from General Plan implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not result in:

• Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause signiﬁcant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
o Fire Protection;
o Police Protection;
o Schools;
o Parks; and
o Other public facilities.
• An increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or
• If it includes recreational facilities or requires the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

Mitigation Required: None.

Proposed Project Impacts
Future build out under the proposed project would be consistent with maximum allowable densities and intensities established by the 2040 General Plan. No aspect of the proposed project would substantially increase the demand for public services and recreational facilities beyond what was analyzed in the 2040 General Plan EIR.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to public services or recreation, substantially increase the severity of previously identiﬁed public service and recreation impacts, or result in any new signiﬁcant impacts because the project implements General Plan policies designed to provide adequate public services, facilities, and recreational opportunities in the City and would not result in 110
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19 any changes that would negatively affect agencies' ability to provide adequate public services, facilities, and recreational opportunities. No new mitigation would be required.

14. Transportation and Circulation

2040 General Plan DEIR Findings
Chapter 3, Section 1 4, Transportation and Circulation, of the 2040 General Plan DEIR evaluates the transportation and circulation effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would:

• Conﬂict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b), • Conﬂict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, • Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), or • Result in inadequate emergency access.

However, implementation of 2040 General Plan goals, policies, and actions, the City’s Active Transportation Plan and the City’s Sustainability Plan would reduce vehicle travel and vehicle miles traveled (VMT) through encouraging non-vehicle transportation modes, expanding transit services, and developing TDM program requirements including measures to reduce VMT associated with any new development. Additionally, future development would be required to comply with the City’s design standards, Traffic Impact Analysis Guidelines, Traffic Mitigation Impact Fee Program, the Highway Safety Manual, as well as traffic investigations and the City’s Neighborhood Traffic Calming Program.

Mitigation Required: Minimized to the greatest extent feasible through General Plan Policies and Actions.

111
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20 Conclusion
The project would not alter the conclusions of the 2040 General Plan FEIR with respect to transportation or traffic, substantially increase the severity of previously identiﬁed transportation or traffic impacts or result in any new signiﬁcant transportation or traffic impacts. This is because the project implementation of
General Plan policies are designed
to provide for all modes of travel and would not result in any changes that would result in a conﬂict with policies/plans for all modes of travel or an increase in VMT. No new or substantially more severe impacts would occur, and no new mitigation would be required.

15. Utilities and Service Systems

2040 General Plan DEIR Findings
Chapter 3, Section 15, Utilities and Service Systems, of the 2040 General Plan DEIR evaluates the impacts to utilities and service systems resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

While the 2040 General Plan FEIR concluded that citywide effects of implementation would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunication facilities, it also identiﬁed that implementation would h ave a signiﬁcant and unavoidable impact on the sufficien cy of water supplies available to serve the City and reasonably foreseeable future development during normal, dry and multiple dry years.

Mitigation Required: Minimized to the greatest extent feasible through General Plan Policies and Actions.

Proposed Project Impacts
Future buildout resulting from the proposed project would be consistent with maximum allowable densities and intensities established by the 2040 General Plan, because these standards are carried forward into the zoning provisions of Pittsburg Municipal Code. As future development and infrastructure projects are considered by the City, each project would be evaluated for conformance with the 2040 General Plan, Municipal Code, and other applicable regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. Therefore, the proposed project would not result in additional impacts to utilities and service systems, including wastewater treatment.

Conclusion
The proposed project would not alter the conclusions of the 2040 General Plan FEIR with respect to this resource or result in any new signiﬁcant utilities and service systems impacts. No new mitigation would be required.

112
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21 16. Wildﬁres

2040 General Plan DEIR Findings
Chapter 3, Section 16, Wildﬁres, of the 2040 General Plan DEIR evaluates the wildﬁre effects resulting from implementation by providing information about the environmental and regulatory setting, the signiﬁcance criteria, any applicable 2040 General Plan policies and implementation programs, the analysis methodology, and a detailed environmental impact evaluation.

The 2040 General Plan FEIR concluded that the citywide effects of implementation would not:
• Substantially impair an adopted emergency response plan or emergency evacuation plan,
• Due to slope, prevailing winds, and other factors, exacerbate wildﬁre risks, and thereby expose project occupants to pollutant concentrations from a wildﬁre or the uncontrolled spread of a wildﬁre.
• Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate ﬁre risk or that may result in temporary or ongoing impacts to the environment.
• Expose people or structures to signiﬁcant risks, including downslope or downstream ﬂooding or landslides, as a result of runoff, post-ﬁre slope instability, or drainage changes.

Mitigation Required: None.

Conclusion
No aspect of the proposed project would alter the conclusions of the 2040 General Plan FEIR with respect to wildﬁres, substantially increase the severity of previously identiﬁed wildﬁre impacts, or result in any new signiﬁcant wildﬁre impacts. The proposed project would not result in an increase in development or density in very high ﬁre hazard severity zones. The impact associated with exposing people or structures to a signiﬁcant risk of loss, injury, or death involving wildland ﬁres would remain less than signiﬁcant. No new mitigation would be required.

113
65 Civic Avenue
Pittsburg, CA 94565
P: (925) 252-6900
F: (925) 252-4814
pittsburgca.gov
Community and Economic Development Department – Planning Division

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

DATE:

July 1, 2024
TIME: 7:00
p.m.

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

City-Initiated Zoning Map Amendments, AP-24-0033 (RZ)
This is a public hearing on a city-initiated request for approval of five Zoning Map Amendments to implement new land use designations consistent with the 2040 General Plan Land Use Map, as required by Government Code Section 65860. The Pittsburg City Council adopted the 2040 General Plan and certified the Final Environmental Impact Report on May 6, 2024, under Resolution Nos. 24 - 14464 and 24-14463.

The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Ordinance. The comprehensive update will include additional consistency amendments to fully implement the 2040 General Plan land us e designations, policies and implementation actions.

The proposed Zoning Map Amendments do not indicate a decision by the City to approve or disapprove any specific development project. All pending and future projects located on proposed rezone sites will be required to process individual development applications with the Department of Community and Economic Development and under
go environmental review consistent with the California
Environmental Quality Act (CEQA).

Details specific to each proposed Zoning Map Amendment, including existing and proposed Zoning designations, parcel sizes, locations and map exhibits are available at the following location:
• OneDrive link: City-Initiated Zoning Map Amendments AP-24-0033 (RZ) • OneDrive website address: https://tinyurl.com/22wtwv58 Environmental Determination
A Final Environmental Impact Report (FEIR) was prepared and certified in accordance with CEQA to evaluate the environmental impacts of approval and implementation of the 2040 General Plan. On May 6, 2024, the Pittsburg City Council certified the FEIR in Resolution Nos. 24 -1446 3 and 24-14464,
making the required findings under CEQA (State Clearinghouse No. 2022040427). An Addendum to the certified FEIR has been prepared in accordance with CEQA Guidelines Section 15164 to address the proposed City -Initiated Zoning Map Amendments. The Addendum must be considered by the City Council for Planning Application No. AP -24-0033 (RZ).

PROJECT PLANNER:

Alison Spells, (925) 252-6987 or [email protected] Attachment 9
114
City-Initiated Zoning Map Amendments, AP-24-0033 (RZ)
City Council Public Hearing Notice

Why am I receiving this notice?

Noticing requirements in Pittsburg Municipal Code (PMC) Section 18.14.020 for amendments to the Zoning Ordinance, including the Zoning Map, require compliance with California Government Code Section 65090, which allows the City to provide Notice of the Public Hearing in any manner it deems necessary or desirable. Government Code Section 65091(4) requires the City to publish the Notice of the Public Hearing in the East County Times at least 10 days prior to the public hearing. In addition, the City also posted the notice at City Hall, the Pittsburg Library, the Marina Community Center, the Pittsburg Senior Center and on the “Public Notices” section of the City’s website. The City also sent the notice to local service agencies whose services might be affected by the proposed City-Initiated Zoning Map Amendments, and to individuals who had previously filed a written request for public hearing notices.

Lastly, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits.

Where can I get more information about this project?

The complete file for this project is available for public inspection ; please contact the project planner listed
above to make necessary arrangements. Any persons requiring additional accommodation to review this notice, including visually impaired persons, may contact Alison Spells at (925) 252-6987.

What can I do if I have comments on the project?

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

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

_________________________________

JOHN FUNDERBURG, SECRETARY

PITTSBURG PLANNING COMMISSION
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Combined Agency/City Council Minutes Page 1 of 4 June 17, 2024

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES

DATE: June 17, 2024

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

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

Mayor Banales called the regular meeting to order at 7:07 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA

ROLL CALL

Member Lopez and Member Scales-Preston were absent and excused.

PLEDGE OF ALLEGIANCE

Mayor Banales led the Pledge of Allegiance.

CITY MANAGER REPORTS/REMARKS

City Manager Evans thanked staff for all the hard work that was put in to ensure the City hosted Mayor’s Conference was a success.

Assistant City Manager Aliotti gave an update on Community events.

PUBLIC COMMENTS

Greg Osorio, Pittsburg, thanked staff for their help and collaboration on a successful Juneteenth event that was held on Saturday, June 15th.

Nicole Arrington, Pittsburg, asked that the City encourage Contra Costa County Elections Office to continue counting signatures for the rent control petition that was deemed insufficient. She also asked for the City to adopt a Resolution to stop the Pittsburg/Antioch Train Station from being closed in Antioch and moved to Oakley.

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Combined Agency/City Council Minutes Page 2 of 4 June 17, 2024

COMMITTEE REPORTS

Vice Mayor Killings attended the Public Safety Subcommittee.

COMBINED CITY COUNCIL, PITTSBURG POWER COMPANY, SUCCESSOR AGENCY

AND SOUTHWEST PITTSBURG GHAD II CONSIDERATION

5. Adoption of a City Council Minute Order to Approve City Goals and Priorities for Fiscal Year 2024-2025

Bruce Ohlson, Pittsburg, asked for the following to be included as part of the goals for the Public Works Department. Class 4 bike facilities (sidewalk) on N. Park Blvd, marked bike lane all corners of W. Leland Road, marked bike lane on Railroad Ave towards Kirker Pass Road and marked bike lane on San Marco Blvd towards Highway 4.

Motion by Vice Mayor Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

6. Introduction and Waive Further Reading of an Ordinance Amending Pittsburg Municipal Code Chapter 2.85 and Repealing Chapter 2.86

Motion by Member Adams, seconded by Vice Mayor Killings to introduce and waive further reading of the ordinance Amending the Pittsburg Municipal Code Chapter 2.85 and Repealing Chapter 2.86 and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

7. Adoption of a City Council Resolution for Approval of the City of Pittsburg’s Operating Budget for Fiscal Year 2024-25 and Appropriation of Funds for Fiscal Year 2024-25

Motion by Vice Mayor Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

8. Adoption of a GHAD II Resolution for Approval of the Budget for Fiscal Year 2024 -25 for the Southwest Pittsburg Geological Hazard Abatement District II (GHAD II) and Appropriation of Funds for Fiscal Year 2024-25

Motion by Vice Mayor Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

9. Adoption of a Pittsburg Power Company Resolution for Approval of the Budget for Fiscal Year 2024-25 for the Pittsburg Power Company (PPC) and Appropriation of Funds for Fiscal Year 2024-25

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Combined Agency/City Council Minutes Page 3 of 4 June 17, 2024 Motion by Vice Mayor Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

10. Adoption of a Successor Agency for the Redevelopment Agency of the City of Pittsburg Resolution for Approval of the Budget for Fiscal Year 2024-25 for the Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) and Appropriation of Funds for Fiscal Year 2024-25

Motion by Member Adams, seconded by Vice Mayor Killings and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

CONFLICT OF INTEREST STATEMENT

There were no conflict of interest statements.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR

On Motion by Member Adams, seconded by Vice Mayor Killings and adopted by the following vote:

AYES: Adams, Killings, Banales
ABSENT: Lopez, Scales-Preston

11. Minutes of May 20, 2024 and June 3, 2024

12. Adoption of a City Council Minute Order to Direct Review of the City’s Conflict of Interest Code

13. Adoption of a City Council Resolution Requesting the Consolidation of the Municipal Election with Other Elections to be Held on Tuesday, November 5, 2024 General Election Date for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Levying a Charge and Establishing Word Limitation for Candidates’ Statements

14. Adoption of a City Council Resolution Approving Revisions to the City’s Investment Policy

15. Adoption of a City Council Resolution Approving the Appropriations Limit for the 2024-25 Fiscal Year in Accordance with Proposition 111 and Article XIII (B)

16. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract with Thatcher Company of California, Inc. for Water Treatment Plant Chemical Supply – Liquid Chlorine

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Combined Agency/City Council Minutes Page 4 of 4 June 17, 2024

17. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract with Chemtrade Chemicals for Water Treatment Chemical Supply – Aluminum Sulfate

18. Adoption of a City Council Resolution to Authorize City Manager to Execute a Contract with Univar USA, Inc. for Water Treatment Plant Chemical Supply – Sodium Hydroxide

19. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract with Neo Solutions, Inc. for Water Treatment Plant Chemical Supply – Cationic Polymer

20. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract with International Dioxcide for Water Treatment Plant Chemical Supply – Sodium Chlorite

21. Adoption of a City Council Resolution to Authorize the City Manager to Negotiate and Execute a Loan Agreement for Energy Efficiency Improvements and Adoption of a Pittsburg Power Company Resolution Allocating Funds

22. Adoption of a City Council Resolution Reallocating Funds, Establishing a Measure M Reserve, and Establishing a Youth Fund

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS

There were no requests for Future Agenda Items.

COUNCIL MEMBER REMARKS

Council Members Adams thanked staff and Mr. Greg Osorio for a great Juneteenth event.

ADJOURNMENT

The meeting was adjourned at 8:27 P.M. to July 01, 2024.

Respectfully submitted,

Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving a List of On-Call Traffic Engineering Service Firms, Authorizing the City Manager to Enter into Agreements with Selected Firms and to Approve up to Two-One Year Extensions of the Agreements, and Authorizing the Public Works Director/City Engineer to Execute Task Orders
MEETING DATE: July 1, 2024

EXECUTIVE SUMMARY
The Traffic Engineering Services On-Call List of pre-qualified firms will allow staff to engage services as they are needed for design, studies, and documentation. If adopted, this resolution will approve a list of qualified firms for On-Call Traffic Engineering Services, authorize the City Manager to enter into agreements with selected firms and to approve up to two one-year extensions of the executed agreements, and authorize the Public Works Director/City Engineer to execute Task Orders.

FISCAL IMPACT
There are no fiscal impacts associated with approving the proposed On-Call Traffic Engineering Services List. Every On-Call Agreement will have a fee limit of $500,000 and no Task Order will exceed $250,000, unless amended by City Council. Costs for each Task Order will be paid from capital project budgets or operational budgets approved by the City Council.

RECOMMENDATION
City Council adopt the attached resolution approving the list of recommended firms for on- call traffic engineering services, authorize the City Manager to enter into Agreements with the selected firms and to approve up to two one-year extensions of the executed Agreements, and authorize the Public Works Director/City Engineer to execute Task Orders. 120

BACKGROUND
On June 20, 2022, City Council adopted Resolution No. 22-14111, approving a list of qualified firms to provide engineering services on an on-call basis. The agreements for those services expired on April 20, 2024.

On March 28, 2024, staff posted the Traffic Engineering Services Request for Qualifications on the City’s website. The City received statement of qualifications (SOQ) from 9 firms prior to the April 23, 2024, deadline.

A sample Consulting Services Agreement is attached to this staff report.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
A list of pre-qualified consultants streamlines the process for engaging local firms to provide on-call services for City projects, which prevents unnecessary delays in project completion.

Staff reviewed and scored each SOQ across parameters including understanding of the scope of work; demonstrated firm and professional staff technical skill, experience, performance, and approach; familiarity with city, county, and state procedures; firm and professional staff references/satisfaction of clients; completeness and quality of proposal; and rates for services.

Staff recommends that the two highest scoring firms from the review be approved for the On-Call Traffic Engineering Services List. Duties performed by the selected firms under the On-Call Traffic Engineering Services Agreement may include, but not be limited to, assisting staff with processing documentation related to the City’s Five-Year Capital Improvement Program, preparing construction documents, preparing reports, and performing applicable studies.

The City Manager shall be authorized to enter into an Agreement with each firm listed on the On-Call Traffic Engineering Services List. If approved, the On-Call Traffic Engineering Services List will be valid for two years, and the City Manager shall be authorized to approve up to two one-year extensions of the executed Agreements.

The Public Works Director/City Engineer shall be authorized to execute Task Orders pursuant to the On-Call Agreements.

Each Agreement will set forth a rate schedule established at the time of contract execution.

The City will provide a Task Order, pursuant to the Agreement, when a specific task is identified and a consultant is selected from the approved on-call list. The “not to exceed” fee for a Task Order will be negotiated at the time that each Task Order is assigned. 121
Multiple task orders may be issued over the specified term of the Agreement, though the City will not be under any obligation to issue any Task Orders or to utilize any agreement to its limits.

The City, at its discretion, may use consultants from the approved on-call list or may issue additional requests for proposals and qualifications. Consultants on the approved on-call list will not be restricted from submitting proposals for future City requests for proposals or requests for qualifications, however, a separate proposal will be required to be considered in the selection process.

ATTACHMENTS: Resolution
On-Call Traffic Engineering Services List
Sample Consulting Services Agreement
Report Prepared By: Gabriel Piña, Associate Engineer
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Resolution No. 24- Page 1 of 2 July 1, 2024

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

Approving a List of On-Call Traffic )
Engineering Service Firms, Authorizing the )
City Manager to Enter Into Agreements with) RESOLUTION NO. 24- Selected Firms and to Approve up to )
Two-One Year Extensions of the )
Agreements, and Authorizing the Public )
Works Director/City Engineer to Execute )
Task Orders )
WHEREAS, on June 20, 2022, City Council adopted Resolution No. 22-14111, approving a list of qualified firms to provide engineering services on an on-call basis. The previous on-call agreements expired on April 20, 2024; and WHEREAS, the City has a need for continuing traffic engineering services to augment City staff; and
WHEREAS, on March 28, 2024, staff posted the Traffic Engineering Services Request for Qualifications on the City’s website; and
WHEREAS, staff received statement of qualifications from 9 firms prior to the April 23, 2024, deadline; and
WHEREAS, staff reviewed and scored the statement of qualifications received and compiled a list of the two most qualified firms; and
WHEREAS, staff recommends that the City Manager be authorized to execute Agreements with firms on the On-Call Traffic Engineering Services List; and WHEREAS, staff recommends that the City Manager be authorized to approve up to two-one year extensions of the executed Agreements; and WHEREAS, staff recommends that the Public Works Director/City Engineer be authorized to execute Task Orders; and

WHEREAS, staff may issue multiple Task Orders pursuant to the fully executed Agreement over the term of the Agreement; and
WHEREAS, each On-Call Agreement will have a maximum compensation of $500,000, with no individual Task Order to exceed $250,000, unless amended by City Council; and
WHEREAS, Task Orders will be funded by capital or operational projects or from the City’s adopted budget.
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Resolution No. 24- Page 2 of 2 July 1, 2024 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves a list of qualified firms for On-Call Traffic Engineering Services, authorizes the City Manager to enter into Agreements with selected firms and to approve up to two one-year extensions of the executed Agreements, and authorizes the Public Works Director/City Engineer to execute Task Orders.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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2024 On-Call Civil Traffic Engineering Services
Firm Name Location
Fehr & Peers, Inc. Walnut Creek
W-Trans Oakland
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City of Pittsburg
Exhibit A On-Call Request for Qualifications

Exhibit A
Sample Consulting Services Agreement
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On-Call Traffic Engineering Consulting Services Agreement 2024 between City of Pittsburg and <XXXXXXXX>

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ON-CALL TRAFFIC ENGINEERING CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PITTSBURG AND
<NAME OF CONSULTANT>

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and <____________>, a <state>
<corporation/limited liability company> (“Consultant”) (together referred to as the “Parties”) as of <____________>, 20<___> (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Task Orders issued during the term of this Agreement, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Scope of Services. Consultant is expected to perform the following services as specified in Task Orders issued during the term of this agreement:

Assist staff with reviewing or preparing documentation, including:

1. Tasks Generally Associated with Traffic Operations
a. Prepare traffic impact study reports.
b. Perform traffic demand modeling.
c. Prepare traffic operation analysis.
d. Review and recommend adjustment to traffic signal timing plan. e. Evaluate and provide traffic signal coordination plan. f. Develop traffic simulation models.
g. Develop design alternatives for roadway reconfiguration. h. Perform traffic demand / capacity analyses, corridor operation studies, traffic delay studies, and origin – destination studies. i. Perform parking demand studies.

2. Tasks Generally Associated with Traffic Safety
a. Perform traffic safety analyses.
b. Evaluate the need for traffic control devices.
c. Evaluate the need and develop alternatives for traffic calming measures. d. Evaluate roadway lighting conditions and needs for improvement. e. Perform safety studies related to intersections, pedestrians, bicyclists, and school sites.
f. Perform roadside safety analyses.

3. Other Related Tasks
a. Perform traffic counts (manually, by machine, and/or by video recording). b. Prepare technical reports.
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c. Attend public meetings and prepare presentations.

1.2 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on <_______>, 20<__>.

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

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

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

Section 2. COMPENSATION. The Consultant shall be paid for the actual fees, costs, and expenses for all time and materials required and expended, pursuant to the rate schedule incorporated in Task Orders issued per this Agreement. A total not-to- exceed amount of compensation will be determined by the Task Order(s) issued. In no event shall total compensation exceed the amount of the Task Order, without City’s prior written approval. Unless authorized by amendment to this Agreement, executed by the Parties, no Task Order shall exceed $250,000. The total compensation during the term of this agreement shall not exceed $500,000. The not-to-exceed dollar amount is not a guarantee that the City will issue Task Orders for that full amount to the Consultant or that City will enter into a Task Order with Consultant but is merely a limit of potential City expenditures pursuant to a Task Order under this Agreement.

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

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

Separate invoices shall be submitted for each Task Order. Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:

 A unique invoice number;
 The beginning and ending dates of the billing period;  A Task Summary identifying the scope of services performed including project name, number, or Task Order name/description  Detail of Charges including, where appropriate, labor (by sub- category), travel, materials, equipment, supplies, subcontractor charges, and miscellaneous expenses (include title, number of hours, and hourly rate billed).
 An Invoice Summary containing the original Task Order amount, the amount of prior billings, the total due this period, the balance available under the Task Order, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The Consultant’s signature.
 Invoices shall be addressed to:

City of Pittsburg
Engineering Division
Attn: Lydia Blakley
65 Civic Avenue
Pittsburg, CA 94565

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

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

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2.4 Reimbursable Expenses. Reimbursable expenses, if any, are to be specified and included in the total compensation authorized per Task Order. Expenses not listed in the approved Task Order are not chargeable to or reimbursable by City.

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

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

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

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

4.2 Commercial General and Automobile Liability Insurance.

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

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

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.

b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.

c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

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4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 per occurrence or claim, $4,000,000 aggregate covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.

d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:

a. Certificate of Liability Insurance in the amounts specified in this Agreement; and

b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

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

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

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

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

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

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

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

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Requirement. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and 133

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expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.

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

Section 6. STATUS OF CONSULTANT.

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

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

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Section 7. LEGAL REQUIREMENTS.

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

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

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

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

8.5.1 Immediately terminate the Agreement;

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

8.5.3 Retain a different consultant to complete the work described in the Task Orders issued during the term of this Agreement not finished by Consultant.

8.5.4 Charge Consultant the difference between the cost to complete the work described in the Task Orders issued during the term of this Agreement that are unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or 136

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Pittsburg City CouncilJuly 1, 2024

Pittsburg City Council
July 1, 2024