Agenda packet — Pittsburg City Council, November 17, 2025 (part 1 of 3)

CITY OF PITTSBURG
AGENDA

NOVEMBER 17, 2025

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

SPECIAL MEETING

PLANNING COMMISSION APPEAL
5:30 PM

CLOSED SESSION
6:00 PM

REGULAR MEETING
7:00 PM

CITY COUNCIL

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING

Jelani Killings, Mayor/Chair
Dionne Adams, Vice-Mayor/Chair
Angelica Lopez, Council Member/Board Member
Juan Antonio Banales, Council Member/Board Member
Arlene Kobata, 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.

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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.

5:30 PM - SPECIAL MEETING FOR PLANNING COMMISSION APPEAL

1. Public Hearing on an Appeal of the Planning Commission’s Denial of a Use Permit for the Baby Yale Academy and City of the Lord Zion Cumberland, AP- 25-0054 (UP)

On August 12, 2025, the Planning Commission adopted Resolution No. 10277, denying an application filed by Lita Reeves requesting Use Permit approval to establish “Religious Assembly”, “Day Care, General”, and “Office, Business, and Administrative” uses within an existing multi-tenant commercial building located at 640, 650, and 670 Cumberland Street. The site is located within the Pedestrian Commercial (CP) Zoning District in Old Town Pittsburg, Assessor’s Parcel No. 085-171-004.

On August 20, 2025, Lita Reeves, pursuant to Pittsburg Municipal Code (PMC) Section 18.18.060, filed an appeal of the Planning Commission’s determination.
6:00 PM - CONVENE IN CLOSED SESSION

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Section 54957
City Attorney

3. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Section 54957.6 City Designated Representatives: Julie Mares, MRG, LLC
Unrepresented Employee(s): City Attorney

4. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Section 54957.6 City designated representatives: Maria Aliotti, Jennifer Brizel, Jordan Davis Employee organizations: Pittsburg Police Managers Group Unrepresented employees: Senior Executive Team
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

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PROCLAMATIONS
The standing proclamation(s) were published as part of the agenda. The proclamation(s) will be posted on the City's website and social media accounts as appropriate.

5. Inspire Pittsburg - People Who Care

6. National Homeless Awareness Month

PRESENTATIONS

7. Presentation by Contra Costa Health on the Coordinated Outreach Referral, Engagement (C.O.R.E.) Program

8. Update from Contra Costa County Fire Department

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)

CONSIDERATION

9. Adoption of a City Council Minute Order to Appoint Candidates to the Planning and Community Advisory Commissions

There is currently one (1) vacancy on the Planning Commission and one (1) vacancy on the Community Advisory Commission. Each term will be effective through February 28, 2028.

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10. Introduce and Waive First Reading of an ordinance to Adopt by Reference the 2025 California Building Code, Residential Code, Electrical Code, Fire Code, Wildland-Urban Interface Code, Mechanical Code, Plumbing Code, Historical Building Code, Green Building Standards Code, Existing Building Code, and Energy Code with State of California and Local Amendments

The California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24. These codes are commonly referred to as the California Building Code (Codes) and include building, plumbing, mechanical, electrical, fire, wildland-urban interface, energy, residential, historical, green standards, and existing building.

11. Introduction and Waiving of the First Reading of an Ordinance to Amend Pittsburg Municipal Code 2.04.020 to Increase City Council Salary

The ordinance, if adopted, would increase the City Council salary to an amount authorized by state law, effective after the November 2026 election.

12. Adoption of a City Council Resolution Authorizing Execution of a Consulting Services Agreement with Sandis Civil Engineers Surveyors Planners for Design of Project 2052- Delta De Anza Multimodal Trail Safety Improvements

Project 2052 - Delta De Anza Multimodal Trail Safety Improvements (Project) is the construction of safety and operational enhancements to the Delta De Anza Trail within the Pittsburg City limits and Bay Point. Adoption of this Resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with Sandis Civil Engineers Surveyors Planners (Sandis) for design of the Project.

13. Adoption of a City Council Resolution Appointing Darin Gale as City Manager and Authorizing the Mayor to Execute the Employment Agreement

Earlier this year, former City Manager Garrett Evans announced his retirement from the City of Pittsburg. The City Council appointed Assistant City Manager Maria Aliotti as Interim City Manager and retained an executive recruiting firm to conduct a recruitment for a permanent City Manager. This item is to appoint Mr. Gale as City Manager and authorize the Mayor to execute the Employment Agreement.

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

14. Minutes of November 03, 2025

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15. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Execute a Professional Services Agreement with Robertson-Bryan, Inc. for Energy Market Analysis Services
Robertson-Bryan, Inc. (RBI) has previously provided Pittsburg Power Company (PPC) with on-call professional services related to power market pricing, power scheduling, delivery assessment in the California energy market, support for the development of new energy projects, and the expansion of PPC. PPC seeks to enter into a new agreement with RBI for a term of up to five years with a total compensation amount not to exceed $200,000.

16. Resolution Approving the Application for and/or Execution of Grant Funds From the Ocean Protection Council Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 Proposition 84, Prop 68, Environmental License Plate Funds, Once Through Cooling, Greenhouse Gas Reduction Fund, or General Funds

On June 17, 2025, staff submitted a single-jurisdiction application to the Ocean Protection Council’s (OPC) Senate Bill (SB) 1 Grant Program to support development of the “City of Pittsburg Shoreline Adaptation Plan.” ("Plan") This Plan builds on the County’s regional work under SB 1, but focuses on Pittsburg’s unique shoreline conditions, assets, and community needs, which may not be fully addressed in the broader approach. Although Pittsburg is outside San Francisco Bay Conservation and Development Commission’s (BCDC) jurisdiction and not subject to SB 272 mandates, the City faces similar climate-related risks to those communities within BCDC’s jurisdiction, including sea level rise and shoreline vulnerability. With a low- lying shoreline, environmental justice considerations, and an economy closely tied to waterfront assets, staff determined a tailored planning approach would better support future development and investment along the Pittsburg waterfront. On September 30, 2025, the OPC awarded the City $400,000 to develop the Plan. The City would contribute $25,000 from the Waterfront Enterprise Fund to support development. The OPC funding falls under Track 1, which covers the pre-planning, data collection, and planning phases. Upon successful completion of Track 1 and Council recommendation, the City would be eligible to apply for Track 2 funding to support implementation and construction of adaptation projects identified in the Shoreline Adaptation Plan.

17. Adoption of a City Council Resolution Amending the Master Pay Schedule as Required by California Public Employees’ Retirement System

To comply with the California Public Employees’ Retirement System’s (CalPERS) interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5, the City will amend the single master pay schedule on the City’s website representing all previously approved actions on the individual classifications of the pay schedule. The single master pay schedule will be submitted to the City Council for approval each time any single MOU or compensation plan is brought to the City Council for approval.

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18. Adoption of a City Council Resolution to Approve the Master Joint Use Agreement between the City of Pittsburg and Pittsburg Unified School District

The City of Pittsburg (City) and the Pittsburg Unified School District (District) propose to enter into a Master Use Agreement for the joint use of each agency’s facilities. Under the agreement, the District and the City will be permitted to use each other’s facilities and active use areas for municipal recreational and educational purposes as long as the uses do not conflict with other events or activities.

19. Adoption of Two City Council Resolutions: (1) Authorizing the City Manager to Execute a Settlement Agreement with the Center for Biological Diversity; and (2) Requiring Subsequent Environmental Review under the California Environmental Quality Act for Potential Future Phases of the Pittsburg Technology Park Specific Plan

This is a request to adopt two resolutions: (1) authorizing the City Manager to execute a Settlement Agreement with the Center for Biological Diversity; and (2) requiring subsequent environmental review under the California Environmental Quality Act (CEQA) for potential future phases of the Pittsburg Technology Park Specific Plan.

20. Adoption of a City Council Resolution Declaring Property at 1000 Center Drive (APNs: 086-100-049; 086-100-050; 086-100-051; and 086-100-052) as Exempt Surplus Lands and Authorizing an Exchange Agreement with ADS III Holdings, LLC

The City of Pittsburg (“City”) owns four undeveloped properties totaling approximately 2.86 acres (collectively, the "Property") across from City Hall, adjacent to the Richard E. Arneson Justice Center. The City and ADS III Holdings, LLC (“ADS”), an affiliate of Discovery Builders, Inc., propose to exchange this City-owned property for a newly constructed single-family home to be deed-restricted for affordable housing. The proposed exchange advances the City’s affordable housing goals and facilitates the construction of a new Discovery Builders corporate headquarters in Pittsburg.

This action would declare the City’s parcels as exempt surplus land under Government Code Section 54221(f)(1)(C) and authorize the City Manager to execute a property exchange agreement with ADS.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required)

ADJOURNMENT TO DECEMBER 1, 2025

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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

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City Council Agency/Liaison/Subcommittee Assignments as of October 9, 2025

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings (Alt.) Standing Annual M. Aliotti Delta Diablo* Jelani Killings / Arlene Kobata (Alt.) Standing 2nd Wednesday 4:30 PM J. Samuelson East Co. Co. County Habitat Conservancy Arlene Kobata / Juan Banales (Alt.) Standing 4th Monday (Bi-Monthly) 2:00 PM J. Davis East County Water Management Juan Banales / Jelani Killings (Alt.) Standing Bi-Annual 1:00 PM J. Samuelson MCE Clean Energy Board Arlene Kobata / Angelica Lopez (Alt.) Standing 3rd Thursday 6:30 PM J. Davis TRANSPLAN / ECCRFFA Juan Banales / Dionne Adams (Alt.) Standing 2nd Thursday 6:30 PM J. Samuelson Tri-Delta Transit (2 reps)** Angelica Lopez & Dionne Adams / Jelani Killings (Alt.) Standing 4th Wednesday 4:00 PM J. Samuelson

LIASISON COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Jelani Killings / Dionne Adams (Alt.) Standing 3rd Thursday M. Aliotti Green Empowerment Zone Arlene Kobata / Jelani Killings (Alt.) Standing 3rd Friday (Bi-Monthly) 9:30 AM J. Davis Los Medanos Health Advisory Committee Arlene Kobata & Jelani Killings Ad Hoc As Needed M. Aliotti Mayor’s Conference Jelani Killings / Dionne Adams (Alt.) Standing 1st Thursday 6:30 PM M. Aliotti Pittsburg Police Activities League (PAL) Arlene Kobata & Angelica Lopez / Dionne Adams (Alt.) Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Juan Banales (Alt.) Standing Quarterly M. Aliotti

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Community and Economic Development Jelani Killings & Dionne Adams / Angelica Lopez (Alt.) Standing 2nd Wednesday 5:30 PM J. Davis Data Center and Hydrogen Jelani Killings & Angelica Lopez Ad Hoc As Needed J. Davis Development Agreement Jelani Killings & Dionne Adams Ad Hoc As Needed J. Davis Finance Management Juan Banales & Jelani Killings / Dionne Adams (Alt.) Standing 3rd Friday 5:00 PM M. Aliotti Infrastructure and Transportation Juan Banales & Dionne Adams / Angelica Lopez (Alt.) Standing 4th Thursday 5:30 PM J. Samuelson Tenant Protections Juan Banales & Angelica Lopez Ad Hoc As Needed S. Bellafronte Life Enrichment Dionne Adams & Angelica Lopez / Arlene Kobata (Alt.) Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Angelica Lopez & Jelani Killings Standing As Needed K. Simonton Public Safety Arlene Kobata & Angelica Lopez / Jelani Killings (Alt.) Standing 1st Wednesday 5:30 PM S. Albanese *Stipend of $170 per month
** Stipend of 100 per month

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

SUBJECT: Public Hearing on an Appeal of the Planning Commission’s Denial of a Use Permit for the Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP)

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

On August 20, 2025, Lita Reeves, pursuant to Pittsburg Municipal Code (PMC) Section

18.18.060, filed an appeal of the Planning Commission’s determination.

FISCAL IMPACT:

There would be no fiscal impact associated with the recommended action. All project improvements or upgrades to the existing facilities will be financed by the project applicant.

RECOMMENDATION:

Staff recommends the City Council open the de novo appeal hearing, take comment from the appellant (project applicant) and the public, close the appeal hearing, and move to adopt the attached resolution upholding the appeal and granting Use Permit

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approval to establish “Religious Assembly”, “Day Care, General”, and “Office, Business, and Administrative” uses within an existing multi-tenant commercial building located at 640, 650, and 670 Cumberland Street for Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP).

BACKGROUND:

On June 20, 2025, Lita Reeves filed Planning Application No. 25-0054, requesting approval to establish the following conditionally permitted land uses: "Day Care, General" at 640 Cumberland Street; "Religious Assembly" at 650 Cumberland Street; and "Office, Business, and Administrative" at 670 Cumberland Street. The applicant currently provides community services and youth programming through a registered nonprofit within the City of Pittsburg and surrounding communities and is seeking to expand their operations with this proposed project site.

On August 12, 2025, the Planning Commission held a duly noticed public hearing on the proposed project and considered testimony. After review and discussion by the Planning Commission, Commissioner Stokes made a motion to accept staff’s recommendation and adopt the proposed Resolution, approving the Use Permit application for Baby Yale Academy and City of the Lord Zion Cumberland. The motion failed to carry, as there was not a second motion to accept staff’s recommendation.

Upon further discussion, Commissioner Robinson made a motion to adopt a resolution denying the proposed Use Permit application based upon an inability to make all the requisite Use Permit findings in the affirmative, as further described in the “Analysis” section of this Staff Report. Commissioner Popova seconded this motion, and the Planning Commission voted 5-0-1, with Commissioner Stokes abstaining, denying the Use Permit application for Baby Yale Academy and City of the Lord Zion.

On August 20, 2025, the project applicant, Lita Reeves, filed an appeal of the Planning Commission’s determination.

SUBCOMMITTEE FINDINGS:

This item was not presented to a subcommittee.

STAFF ANALYSIS:

PROJECT DESCRIPTION:

Proposed Project:

The applicant proposes to occupy all three storefronts along Cumberland Street (640, 650, and 670) to support affiliated community-based operations, further detailed below.

640 Cumberland Street:

The approximately 3,500 square foot tenant space located at 640 Cumberland Street

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would be utilized as a “Day Care, General” facility by “Baby Yale Academy” for children aged 18 months to 12 years. The space includes large open areas that will be divided into classroom sections using temporary cubicle partitions. Two ADA-accessible restrooms are available within the proposed floor plan. Playground equipment would be installed and located near the entry for active play. Food preparation for the day care facility would take place within the kitchenette at 670 Cumberland. The day care proposes to operate Monday through Friday from 6:00 a.m. to 6:00 p.m. Child pick-up and drop-offs will be scheduled in staggered 15-minute intervals to minimize the proposed site’s potential traffic congestion.

650 Cumberland Street:

The approximate 1,000 square feet of tenant space at 650 Cumberland Street would be used as a Religious Assembly for “City of the Lord Zion Cumberland”, featuring non- fixed seating for up to 80 people. The applicant proposes installation of a raised stage for services. Programming would occur seven days per week, on a variable schedule between 8:00 AM and 8:00 PM. Services will not overlap with proposed day care operations.

670 Cumberland Street:

The tenant space at 670 Cumberland Street would serve as an “Office, Business, and Administrative” spaces for both the day care and religious assembly uses. There are three existing rooms within the tenant space, one of which would be used as a pastor’s office, and the remaining two as kitchenette and staff lounge areas.

The applicant is not proposing any interior or exterior building modifications at this time.

The proposed floor plan and business plan for Baby Yale Academy and City of the Lord Zion Cumberland are included as Attachments to this Staff Report.

CODE COMPLIANCE:

Pittsburg General Plan 2040: The project site is located in the Commercial Core Downtown Subarea of the City of Pittsburg’s 2040 General Plan and has a land use designation of Downtown Commercial. The Downtown Commercial land use designation is intended to be a walkable, mixed-use district with specialty retail, restaurants, service uses, and professional offices integrated with residential uses. The proposed uses are compatible uses within the Downtown Commercial Core, as they would contribute to existing pedestrian-oriented businesses also bringing in additional visitors, and encouraging community-service uses. Additional General Plan compliance is included in the Analysis Section of this Staff Report.

Pittsburg Municipal Code: The project site is located within the Pedestrian Commercial (CP) Zoning District which is intended to provide a vibrant destination area that caters to pedestrian shoppers and visitors in the Downtown Commercial Core. The Zoning District is intended to create a place for pedestrian-oriented activity by providing inviting, visually interesting, human-scale architecture, pedestrian-friendly storefronts,

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outdoor dining opportunities, and a limited number of public parking facilities.

Pursuant to Pittsburg Municipal Code (PMC) Section 18.52.010, the proposed “Day Care, General” use requires a Use Permit to operate within the Pedestrian Commercial Zoning District. Similarly, the proposed “Religious Assembly” use also requires Use Permit approval if the facility is capable of accommodating 50 or more seated persons, as determined in accordance with the Uniform Building Code (Commercial Limited Land Use Regulation L-110). The proposed “Office, Business, and Administrative” use is generally permitted by right in the Pedestrian Commercial Zoning District, provided it is not located adjacent to Railroad Avenue, which is the primary commercial corridor in Old Town Pittsburg (Commercial Limited Land Use Regulation L-174). However, this office use has been included in the current Use Permit application because it directly supports the associated Day Care and Religious Assembly uses, which do require Use Permit approval. Specifically, the office space provides shared support functions including additional restrooms, staff break areas, and a kitchenette serving both the Day Care and Religious Assembly uses.

Use Permit: In order for the City Council to uphold the appeal by the applicant and approve the Use Permit application, key findings must be made in the affirmative.

Use Permit Findings: In accordance with PMC Section 18.16.040, a Use Permit may be granted only if the Planning Commission can make findings that the proposed use:

1. is in accord with the objective of the Zoning Ordinance, the purposes of the land use district in which it is located and is appropriate to the specific location;

2. is not detrimental to the health, safety, and general welfare of the City;

3. will not adversely affect the orderly development of property within the City;

4. will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City;

5. is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and applicable Specific Plan;

6. will not create a nuisance or enforcement problem within the neighborhood;

7. will not encourage marginal development within the neighborhood;

8. will not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law;

9. is consistent with the City’s approved funding priorities; and

10. if located within the Pedestrian Commercial (CP) district, will support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian-oriented atmosphere along the primary downtown corridor.

For reference, the adopted summary minutes of the August 12, 2025, Planning Commission meeting are included as Attachment 7 to this Staff Report. In light of the Planning Commission’s decision not to recommend approval of the project, the applicant has submitted an appeal requesting City Council uphold the appeal.

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Staff was in support of the proposed project and recommended approval at the time it was presented to the Planning Commission and was able to make all required findings in the affirmative, including Finding J. While the Planning Commission determined that Finding J could not be made, staff continues to find that the project satisfies the intent and requirements of this Finding.

As such, Use Permit Finding J applies to projects located within the Pedestrian Commercial Zoning District and requires that such projects further the goals of creating a vibrant, economically prosperous, visually engaging, and pedestrian-oriented atmosphere along the primary downtown corridor.

The proposed Baby Yale Academy and City of the Lord Zion Cumberland religious facility would advance these goals by activating currently vacant tenant spaces, attracting families to the downtown area, and increasing pedestrian activity and visitors to the Commercial Core. Baby Yale Academy’s weekday pick-up period, generally occurring between 4:00 p.m. and 6:00 p.m., is anticipated to generate additional evening pedestrian presence, providing opportunities for families to patronize nearby restaurants and businesses before returning home. Religious activities, which are expected to occur primarily on weekends and intermittently during the week, would bring additional visitors to Old Town Pittsburg and further support local commerce.

Furthermore, the applicant has expressed a commitment to enhancing the visual quality of the project site by investing in future building frontage improvements along Cumberland Street (including planter boxes, and façade upgrades) and collaborating with Staff on the potential development of murals on the building’s blank side façades.

These proposed improvements would enhance the aesthetic character and contribute to the overall visual interest of the area, furthering compliance with Finding J.

As outlined in the Background and Analysis sections of the Planning Commission Staff Report (attached, dated August 12, 2025), the proposed uses are consistent with the project site’s General Plan and zoning designations. Approval of the project would result in the occupancy of currently vacant and underutilized commercial tenant spaces within the Downtown Commercial Core, thereby contributing to the area’s economic vitality and pedestrian activation. Furthermore, the applicant has indicated agreement with the proposed Conditions of Approval, which have been developed to address and mitigate potential project-related impacts, including traffic, noise, and land use compatibility.

Based on these considerations and the analysis above and in the Planning Commission Staff Report, staff concludes that the project, as proposed and as previously presented to the Planning Commission, is consistent with the purpose and intent of Finding J.

Accordingly, Staff recommends the City Council uphold the appeal by the project applicant and approve the project.

Environmental: The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1, “Existing Facilities,” of

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the CEQA Guidelines, section 15301. The proposed project qualifies for a Class 1 categorical exemption because the project site is an existing privately owned structure, and the applicant is not proposing any expansion of the existing structure. The proposed project would not have any significant effect on the environment and therefore, categorically exempt from the provisions of CEQA.

Public Notice: On or prior to November 7, 2025, a notice of the November 17, 2025 Public Hearing for the proposed project was posted at City Hall and at or near the project site; was delivered for posting at the Pittsburg Library; was posted on the “Public Notices” section of the City’s website and was mailed via first class or electronic mail to the applicant, to the property owner, to all owners of property within 300 feet of the project site, to local service agencies expected to provide services to the business, and to individuals who had previously filed written request for such notice, in accordance with PMC section 18.14.010 and Government Code section 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in the “Harbor and School Street”, “Marina Vista”, “The Village at New York Landing” “W. 8th Street” and “Downtown Pittsburg” neighborhoods.

The Public Hearing Notice is included as an attachment to this Staff Report.

ATTACHMENTS:

1. Proposed Resolution Approving Baby Yale Academy and City of the Lord Zion

2. Proposed Project Floor Plan

3. Proposed Project Business Plan

4. Appeal Submission

5. Planning Commission Staff Report dated August 12, 2025

6. Planning Commission Resolution No. 10277

7. Planning Commission Meeting Minutes from August 12, 2025

8. Public Hearing Notice/Vicinity Map

Report Prepared By: Kelsey Gunter, Associate Planner

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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Upholding an Appeal and Approving Use )
Permit Application for Baby Yale Academy ) RESOLUTION NO. 25- And City of the Lord Zion Cumberland to )
Establish “Religious Assembly,” “Day Care, )
General,” and “Office, Business, and )
Administrative” uses within an existing )
Multi-tenant commercial building located )
At 640, 650, and 670 Cumberland Street, )
AP-25-0054 (UP). )

WHEREAS, On June 20, 2025, Lita Reeves (applicant) filed Planning Application No. 25-0054, requesting approval to establish the following uses: "Day Care, General" at 640 Cumberland Street; "Religious Assembly" at 650 Cumberland Street; and "Office, Business, and Administrative" at 670 Cumberland Street. The applicant currently provides community services and youth programming through a registered nonprofit within the City of Pittsburg and surrounding communities and is seeking to expand their operations with this proposed project site; and

WHEREAS, the proposed project is governed by the applicable goals and policies of the Pittsburg General Plan, the Pittsburg Municipal Code (PMC); and

WHEREAS, on August 12, 2025, the Planning Commission held a public meeting to consider Use Permit Application No. 25-0054, at which time oral and/or written testimony was considered. Following discussion and deliberation, the Planning Commission voted 5-0-1 to adopt Resolution No. 10277, denying the request for Use Permit Approval to establish a “Religious Assembly”, “Day Care, General”, and “Office, Business, and Administrative” uses within an existing multi-tenant commercial building located at 640, 650, and 670 Cumberland Street for Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP); and

WHEREAS, on August 20, 2025, pursuant to PMC Section 18.18.060, Lita Reeves filed an appeal of the Planning Commission’s determination; and

WHEREAS, on or prior to November 7, 2025, a notice of the November 17, 2025, Public Hearing for the proposed project was posted at City Hall and at or near the project site; was delivered for posting at the Pittsburg Library; was posted on the “Public Notices” section of the City’s website and was mailed via first class or electronic mail to the applicant, to the property owner, to all owners of property within 300 feet of the project site, to local service agencies expected to provide services to the business, and to individuals who had previously filed written request for such notice, in accordance with PMC section 18.14.010 and Government Code section 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed

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residents in the “Harbor and School Street”, “Marina Vista”, “The Village at New York Landing” “W. 8th Street” and “Downtown Pittsburg” neighborhoods.

WHEREAS, on November 17, 2025, the City Council held a public hearing on the appeal of the denial of Use Permit Application for Baby Yale and City of the Lord Zion Cumberland to establish a “Religious Assembly,” “Day Care, General,” and “Office, Business, and Administrative” use within an existing multi-tenant commercial building located at 640, 650, and 670 Cumberland Street for Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP), at which time evidence from the prior Planning Commission public hearing was reviewed and additional oral and/or written testimony was considered.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby finds and determines as follows:

Section 1. Findings

Based on the City Council Staff Report entitled, “Appeal of the Planning Commission’s Denial for a Use Permit for the Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP)”, dated November 17, 2025, incorporated here by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

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

2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1, “Existing Facilities,” of the CEQA Guidelines, section 15301. The proposed project qualifies for a Class 1 categorical exemption because the project site is an existing privately owned structure, and the applicant is not proposing any expansion of the existing structure. The proposed project would not have any significant effect on the environment and therefore, categorically exempt from the provisions of CEQA.

3. The proposed Use Permit proposal:

a) Will be in accordance with the objectives of the Zoning Ordinance, the purpose of the land use district in which it is located and is appropriate to the specific location, in that and the CP (Pedestrian Commercial) District, which allows for conditionally permitted uses, such as day cares, religious assembly, and office spaces subject to Use Permit approval by the Planning Commission. The proposed uses would keep a transparent storefront and maintain the pedestrian-friendly nature of the Pedestrian Commercial Zoning District by bringing clientele and family to Old Town Pittsburg.

b) Will not be detrimental to the health, safety, and general welfare of the City, if conditions of approval are adopted, including, but not limited to the following: 1)

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adherence to the drop-off and pick-up schedule; 2) installation of a loading zone; 3) development of the project’s refuse disposal plan; and 4) compliance with all applicable local, regional, State and Federal regulations.

c) Will not adversely affect the orderly development of property within the City, in that the proposed uses are consistent with the 2040 General Plan and Pittsburg Municipal Code, which govern land use. Further the proposed uses will occupy an existing, vacant, commercial space, and the applicant is not proposing exterior building expansions or parking lot changes that would otherwise conflict with the City’s goals, policies, and development standards.

d) Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City. Occupancy of a vacant space in an active retail center will contribute positively to local revenue and vitality.

e) Will be consistent with the General Plan. The subject site has a land use designation of ‘Downtown Commercial’ which envisions a mix of commercial services in the Downtown areas. The three proposed uses will further the creation of a mix of commercial services in Old Town Pittsburg. Additionally, the proposed uses are in compliance with the General Plan, including Policies 9-P-3.5 and 2-P-3.5.

f) Will not create a nuisance or enforcement problem within the neighborhood, in that it will be required to meet performance standards, as set forth by PMC Chapter 18.82, which are intended to address ongoing safety, noise, odor, and maintenance concerns.

g) Will not encourage marginal development within the neighborhood, in that the proposed uses will occupy existing commercial spaces and the Use Permit proposal does not involve construction of a new building or building addition. The use will utilize appropriately sized, existing tenant spaces with adequate facilities.

h) Will not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law, in that the proposed uses have access to existing infrastructure, including fire, police, and water.

i) Will not be inconsistent with the City’s approved funding priorities, in that it does not require City funding.

j) If located within the Pedestrian Commercial (CP) district, will support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian-oriented atmosphere along the primary downtown corridor, in that the proposed use would result in the occupancy of currently vacant and underutilized commercial tenant spaces within the Downtown Commercial Core, thereby contributing to the area’s economic vitality and pedestrian activation. The proposed Baby Yale Academy and City of the Lord Zion Cumberland religious facility would advance Finding

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J’s goals by attracting families to the downtown area and creating increasing pedestrian activity within the Commercial Core. Baby Yale Academy’s weekday pick-up period, generally occurring between 4:00 P.M. and 6:00 P.M., is anticipated to generate additional evening pedestrian presence, providing opportunities for families to patronize nearby restaurants and businesses before returning home. Religious activities, which are expected to occur primarily on weekends and intermittently during the week, would bring additional visitors to Old Town Pittsburg and further support local commerce.

4. The Staff Report entitled, “Appeal of the Planning Commission’s Denial for a Use Permit for the Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP)” dated November 17, 2025, is referenced hereto as additional support for the findings.

Section 2. Decision

Based on the findings set forth above, the City Council hereby approves Use Permit Application No. 25-0054, subject to the following conditions:

City of Pittsburg Planning Division Conditions of Approval:

1. Conformity with Project Plans. The approved uses shall be operated in substantial conformity with the project plans submitted on June 17, 2025 (attached to the Staff Report) except as may be, hereinafter, modified. Any major changes to the project plans shall be subject to review and approval by the Planning Commission at the City Planner’s discretion.

2. Loading Zone Installation. The business operator shall work with the Engineering Division and obtain any necessary permits for the installation of yellow paint along the project site frontage to establish a loading zone, subject to Engineering Division approval.

3. Conformity with Proposed Pick-Up and Drop-Off Plan. The approved use shall be operated in substantial conformity with the proposed pick-up and drop-off plan to eliminate traffic congestion and related issues by staggering timeframes for families.

The applicant shall be responsible for ensuring the pick-up and drop-off plan is enforced and that no vehicular idling, illegal parking, or nuisances occur that are directly associated with the day care business operations. The approved pick-up and drop-off plan is approved as follows:

a. Staggered drop-off schedule with 10-15-minute time intervals per every three to five families in the morning hours between the hours of 6:00 A.M. and 9:00 A.M. b. Staggered pick-up schedule with 10-15-minute time intervals per every three to five families in the afternoon between the hours of 4:00 P.M. and 6:30 P.M. c. Encourage local families walk/bike/scoot their child to and from school.

4. License and Permitting. At all times during operation of the business, the

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business operator and all contracted workers shall maintain a City of Pittsburg Business License as well as all state-mandated licenses.

5. Landscaping. The business operator shall ensure the installation of permanent or semi-permanent planting areas in front of each tenant space subject to review and approval by the Planning Division. Landscaping shall be kept and maintained in a healthy, weed-free condition.

6. Bicycle Parking. The business operator shall install bicycle parking infrastructure with capacity for at least four bicycles. The infrastructure must be located on private property along the project frontage on Cumberland Street and must not obstruct or reduce accessibility of the existing sidewalk. Final placement and installation shall be field-verified to ensure full compliance with the Americans with Disabilities Act (ADA).

7. Refuse Disposal. Prior to Business License issuance, the applicant shall submit a refuse disposal plan to the City of Pittsburg’s Community and Economic Development Department and Public Works Department for review and approval. Refuse disposal plan shall indicate the location of refuse storage on refuse pick-up days, the location of refuse storage on non-pick-up days, and the frequency in which the applicant is requesting service from Mount Diablo Resource Recovery.

8. Site Maintenance. The business operator shall ensure that the site is maintained in a neat and clean manner at all times. Trash, debris, weeds and/or other unkempt shrubbery shall not be allowed to accumulate on or around the site, or on the street gutters and sidewalks. There shall be no outside storage of materials, supplies, bins, or other equipment related to the business operation. The site maintenance is subject to inspection by City staff.

9. Storage of Refuse. The business operator shall ensure that all refuse bins directly associated with the proposed use remain in compliance with the Pittsburg Municipal Code and Mount Diablo Resource Recovery Standards. There shall be no storage of trash receptacles within any alleyway or accessible path of travel on or adjacent to the project site that are directly associated with the project site. Refuse storage area must be screened from public view.

10. Maximum Occupancy. The number of people within the tenant space shall not exceed the maximum occupancy for the space.

11. Project Operations. The proposed business shall operate in substantial conformance with this Use Permit application, including the submitted Floor Plan and Business Plan documentation. Any proposed change in use is subject to review and approval by the City of Pittsburg Planning Commission.

12. Signage. This Resolution does not permit any business signage. The business owner or operator shall be required to obtain all necessary permit(s) as part of a separate Sign Review Permit Application, which will be subject to review and approval

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by the Planning Division prior to installation.

13. Peace and Order. The business operator shall be responsible for maintaining the peace and order on the premises. All necessary steps shall be taken to ensure that customers refrain from incidents of violence that adversely impact the safety of the community. Should the business operator fail to control loitering, noise, illegal parking, public disturbances or incidents of violence, and in the event that the business necessitates an increased police presence, the Chief of Police may require the business owner to provide additional public safety measures, including but not limited to, video cameras, additional exterior lighting, reduced hours of operation, submittal of a written acknowledgment by customers/guests allowing the Pittsburg Police Department to enter the premises to conduct an inspection during games, or such other measures as determined necessary by the Chief of Police in their sole discretion. Any such required additional measures shall be at the business owner/operator’s sole expense.

14. The Operator and all clients of the business shall sign an affidavit acknowledging the type(s) of uses allowed within the Downtown Subarea and the CP District, either existing or proposed in the future.

City of Pittsburg – Building Division Conditions of Approval:

15. All new businesses must obtain both a City of Pittsburg Business License and a Certificate of Occupancy prior to commencing any business operations.

16. Work shall not commence prior to obtaining required building permits and approvals. Any construction, demolition, or tenant improvement work performed without proper City authorization may result in enforcement actions, delays, or additional permitting requirements.

17. On the cover sheet of the plan set, clearly indicate the applicable building design codes. The City of Pittsburg enforces the following codes: 2022 California Administrative Code (CAC); 2022 California Building Code (CBC); 2022 California Historical Building Code (CHBC); 2022 California Existing Building Code (CEBC); 2022 California Green Building Standards Code (CGBSC); 2022 California Mechanical Code (CMC); 2022 California Plumbing Code (CPC); 2022 California Electrical Code (CEC); 2022 California Energy Code (CEC Part 6); 2022 California Fire Code; Pittsburg Municipal Code; Reference CBC Section 107.

18. Verify that the Drawing Index listed on the cover sheet includes all plan sheets.

Reference CBC Section 107.

19. On the cover sheet, provide a complete Code Analysis, including: Proposed tenant use; Occupancy Group; Type of Construction; Separated or Nonseparated Mixed; Occupancies; Fire sprinkler status; Floor area (square footage); Number of stories; Occupant load; Reference CBC Sections 111, 302.1, 401, 503, 508, 601, 903, and 1004.1.

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20. Plans and specifications for commercial buildings and tenant improvements must be prepared by a licensed architect or engineer, except for interior alterations involving only non-bearing partitions. Licensed professionals must affix their stamp on the plans to indicate responsibility. Licensed mechanical, plumbing, and electrical contractors may design systems they are installing.

21. The Site Plan must show all code-compliant accessible parking spaces, access aisles, and an accessible route to all entrances and exterior ground-floor exits.

Accessibility design requirements include sidewalk and path width: minimum 48 inches; Walking surface slope: max 1:20 (5%); Ramp slope: max 1:12 (8.3%); Cross slope:
max 1:48 (2%); Curb ramp slope: max 1:12 (8.3%); Provide 36-inch-long detectable warning surfaces at vehicular crossing points.

22. Provide at least one accessible route from accessible parking/loading zones, public sidewalks, and public transportation stops to the accessible building entrance. If multiple routes are provided, all must be accessible.

23. At least one accessible route shall connect all accessible buildings, facilities, elements, and spaces on the same site.

24. All exterior and interior accessibility features shall be designed and built to comply with Chapter 11B of the 2022 California Building Code.

25. The following outside agency clearances must be obtained and submitted prior to permit issuance, if applicable: Delta Diablo Sanitation District; Contra Costa Water District; Contra Costa County Fire Protection District; School District Fee Payment; Contra Costa Environmental Health Department (CCCEH); Bay Area Air Quality Management District (BAAQMD) (Notification and compliance for demolition, especially where asbestos or lead-based paint may be involved.)

Contra Costa County Fire Protection District (CCCFPD) Conditions of Approval:

26. Changes of use or occupancy. Changes shall not be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code. (§102.3) CFC

27. Tenant Improvement Permit Required. The developer shall submit building construction plans and specifications for the subject project to the Fire District for review and approval.

28. The tenant improvement plans shall provide all interior and exterior proposed demolitions, modifications, or alterations. The description included a possible stage in the A-3 space, provide the dimensions of that stage in the Tenant Improvement plan set. After the tenant improvement plans are approved, plans and specifications for all

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deferred submittals shall be submitted, including, but not limited to the following. a. Private underground fire service water mains
b. Fire sprinklers
c. Standpipe (if applicable)
d. Fire alarm
e. Photovoltaic (if applicable)
f. Commercial kitchen hood extinguishing systems (if applicable)

All projects shall be submitted to the Fire District for review and approval prior to construction of the building or installation of the systems to ensure compliance with minimum requirements related to fire and life safety. Plan review and inspection fees shall be submitted at the time of plan review submittal. (105.4.1) CFC, (901.2) CFC, (107) CBC

29. Occupancy Separation Requirements. Mixed occupancy buildings shall comply with Section 508 of the California Building Code. (508) CBC

30. Adequate Water Supply. The developer shall provide an adequate and reliable water supply for fire protection as set forth in the California Fire Code. (507.1) CFC *Request a flow test from the Fire District office. Email the Fire District’s Permit Technicians at [email protected] to request an application and begin the request process.

31. Fire Sprinkler System Required. Based on the proposed plans provided, the project as proposed shall be protected with an approved automatic fire sprinkler system complying with the current, adopted edition of NFPA 13, as amended. Submit to this office for review and approval prior to installation. (903.2.6) CFC

Fire Safety and Site Maintenance during Construction

32. FCL Requirements. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits from the Fire District. (3401.4) CFC

33. Portable Generators. Portable generators used at construction sites shall comply with Section 1204. (3309) CFC

34. Abatement Maintenance. The owner shall cut down and remove all weeds, grass, vines, or other growth that is capable of being ignited and endangering property. (304.1.2) CFC

35. Portable Fire Extinguishers Required. All homes under construction shall be provided with not less than one approved portable fire extinguisher at each stairway on all floor levels, every storage shed, and next to any portable generator or energy system on site.

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36. Fire Apparatus Access during Construction. Fire apparatus access to the site shall be maintained at all times of grading and construction. a. Vehicles shall not block fire apparatus access. b. Trash/Rubbish shall no accumulate within the homes and shall be removed from buildings at the end of each shift of work. (3305.2.1-3305.2.2). c. Trash/Rubbish containers shall not be placed in a location that blocks fire apparatus access roads.
d. Smoking shall be prohibited except in approved areas. Signs shall be posted in accordance with Section 310. In approved areas where smoking is permitted, approved ashtrays shall be provided in accordance with Section 310. (3305.1) CFC e. Site Safety Director. In accordance with Chapter 33 the owner or on-site general contractor project manager, shall establish a fire prevention program that is applicable throughout all phases of construction. The developer shall provide the following information on the site safety director:
· Name and contact information of the project manager/site safety director. · Procedures for reporting emergencies.
· Smoking and cooking policies, designated areas to be used where approved, and signage locations in accordance with Section 3305.8. · Location and safety considerations for temporary heating equipment. · Hot work permit plans (if applicable).
· Plans for control of combustible waste material. · Locations and methods for storage and use of flammable and combustible liquids.
· Location of the building material during the phases of subdivision construction. · Provisions for site security.
f. Failure to comply with Chapter 33 of the California Fire Code will result in violations and possible fees.

Standard Conditions of Approval:

37. Other Agency Requirements. The applicant shall comply with all the requirements of the Community and Economic Development Department, Contra Costa County Fire Protection District, Contra Costa Environmental Health Department, Delta Diablo Sanitation District, and all other applicable local, state, and federal agencies. It is the responsibility of the applicant to contact each local, state, or federal agency for requirements that may pertain to this project.

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

39. Indemnification. Applicant agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person

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challenging the validity of this project approval, subsequent project approval, or other action arising out of, or in connection with, this project approval. The parties shall cooperate in defending such action or proceeding. The parties shall use reasonable efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel at applicant’s sole cost and expense.

Applicant may select its own legal counsel to represent applicant’s interests at applicant’s sole cost and expense. Applicant shall pay for City's costs of defense, whether directly or by timely reimbursement to City on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent responding to and defending the claim, action or proceeding.

40. Expiration of Approval. This Use Permit approval will expire on November 17, 2027 unless the use has been legally established prior to the expiration date, or a written request for an extension is filed with the Planning Division prior to the expiration date and is subsequently approved by the Planning Commission.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a special meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________
Jelani Killings, Mayor
ATTEST:

_______________________
Alice E. Evenson, City Clerk

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Attachment 2

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Attachment 3

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Attachment 4

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CITY OF PITTSBURG

PLANNING COMMISSION

STAFF REPORT
August 12, 2025

ITEM: Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP)

ORIGINATED BY: Lita Reeves, 670 Cumberland Street, Pittsburg, CA 94565

SUBJECT:

This is a public hearing on a request for approval of a Use Permit to establish a “Religious Assembly,” “Day Care, General,” and “Office, Business, and Administrative” use within an existing multi-tenant commercial building located at 640, 650, and 670 Cum berland.

The site is located within the Pedestrian Commercial (CP) Zoning District of the Old Town Pittsburg Downtown Area. Assessor’s Parcel No. 085-171-004.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt a Resolution approving Use Permit Application No. 25-0054, subject to conditions.

BACKGROUND:

The subject property is a multi -tenant commercial building located along Cumberland Street, originally constructed in 1947. Historically, the structure has accommodated a range of retail and commercial uses. Most recently, the tenant space at 670 Cumberland Street was approved for a boxing gym under Use Permit No. AP -21-1574. That use has since ceased, and all three tenant spaces fronting Cumberland Street are currently vacant. The building has undergone recent renovations, including updated exterior paint and interior improvements to all tenant suites.

On June 20, 2025, the applicant submitted Use Permit Application No. 25- 0054 requesting approval to establish the following uses: "Day Care, General" at 640 Cumberland Street; "Religious Assembly" at 650 Cumberland Street; and "Office, Business, and Administrative" at 670 Cumberland Street. The applicant currently provides community services and youth programming through a registered nonprofit and is seeking to expand their operations with this proposed project site.

PROJECT DESCRIPTION:

Existing Conditions: The subject property is an approximately 9,000 square- foot interior through lot, with frontages along Railroad Avenue and Cumberland Street . The parcel contains a one- story, multi -tenant commercial building that encompasses the entire parcel with zero-yard setbacks. There is no off-site street parking at the location, however street parking is available along both frontages. The proposed uses would occupy all three tenant spaces along Cumberland Street, as well as the middle space of the structure.

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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Surrounding Land Uses:

The project site is centrally located in Old Town Pittsburg, surrounded by a mix of commercial, institutional, and residential uses. Nearby businesses include professional offices, retail shops, churches, salons, and restaurants. Railroad Avenue and John Buckley Square are located one block west of the proposed project site.

North: Commercial Building (Current Use: Office, Business, Administrative) and privately owned, off-street parking facility
West: Adjoining Multi-Tenant Commercial Building with Primarily Personal Service uses
South: Steeltown Coffee and Tea; Mechanic’s Bank; Privately owned, off-street parking facility
East: Contra Costa Fire Protection District; Pineda’s Bar

Proposed Project:

The applicant proposes to use all three storefronts along Cumberland Street to support affiliated community-based operations, further detailed below.

640 Cumberland Street:

The approximately 3,500 square foot tenant space located at 640 Cumberland Street would be utilized as a “ Day Care, General” facility by “Baby Yale Academy” for children aged 18 months to 12 years. The space includes large open areas that will be divided into classroom sections using temporary cubicle partitions. Two ADA -accessible restrooms are available within the proposed floor plan. Playground equipment would be installed and located near the entry for active play. Food preparation for the day care facility would take place within the kitchenette at 670 Cumberland. The day care proposes to operate Monday through Friday from 6:00 AM to 6:00 PM. Child pick-up and drop-offs will be scheduled in staggered 15 -minute intervals to minimize the proposed site’s potential traffic congestion.

650 Cumberland Street:

The approximate 1,000 square feet of tenant space at 650 Cumberland Street would be used as a Religious Assembly for “City of the Lord Zion Cumberland”, featuring non-fixed seating for up to 80 people. The applicant proposes installation of a raised stage for services. Programming would occur seven days per week, on a variable schedule between 8:00 AM and 8:00 PM. Services will not overlap with proposed day care operations.

670 Cumberland Street:

The tenant space of 670 Cumberland Street would serve as an “ Office, Business, and Administrative” space for both the day care and religious assembly uses. There are three

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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existing rooms within the tenant space, one of which would be used as a pastor’s office, and the remaining two as kitchenette and staff lounge areas.

The applicant is not proposing any interior or exterior building modifications at this time.

The proposed floor plan and business plan for Baby Yale Academy and City of the Lord Zion Cumberland are included as Attachments 2 and 3 to this Staff Report.

CODE COMPLIANCE:

Pittsburg General Plan 204 0: The project site is located in the Commercial Core Downtown Subarea of the City of Pittsburg’s 204 0 General Plan and has a land use designation of Downtown Commercial. The Downtown Commercial land use designation is intended to be a walkable, mixed-use district with specialty retail, restaurants, service uses, and professional offices integrated with residential uses. The proposed uses are compatible uses within the Downtown Commercial Core, as they would contribute to a pedestrian-oriented, community -service use. Additional General Plan compliance is included in the Analysis Section of this Staff Report.

Pittsburg Municipal Code: The project site is located within the Pedestrian Commercial (CP) Zoning District which is intended to provide a vibrant destination area that caters to pedestrian shoppers and visitors in the Downtown Commercial Core. The Zoning District is intended to create a place for pedestrian-oriented activity by providing inviting, visually interesting, human- scale architecture, pedestrian- friendly storefronts, outdoor dining opportunities, and a limited number of (public) parking facilities.

The proposed “Office, Business, and Administrative” use is generally permitted by right in the Pedestrian Commercial Zoning District, provided it is not located adjacent to Railroad Avenue , which is the primary commercial corridor in Old Town Pittsburg (Commercial Limited Land Use Regulation L- 174). However, this office use has been included in the current Use Permit application because it directly supports the associated Day Care and Religious Assembly uses, which do require Use Permit approval.

Specifically, the office space provides shared support functions including additional restrooms, staff break areas, and a kitchenette serving both the Day Care and Religious Assembly uses. Due to this operational integration and physical connection between tenant spaces, staff recommends processing the office component as part of the overall entitlement package.

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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The proposed uses would keep a transparent storefront and maintain the pedestrian- friendly nature of the Pedestrian Commercial Zoning District by bringing clientele and families` to Old Town Pittsburg. The proposed project, if approved, would provide a community-serving and a youth- oriented use in the Pedestrian Commercial Zoning District in Oldtown Pittsburg.

Off-Street Parking: PMC Section 18.78.040 sets forth standards for off -street parking.

PMC Section 18.78.040(G)(3) specifies that nonresidential uses on properties located in the CP Zoning District shall not be subject to the minimum off-street parking and loading spaces required by Section 18.78.040. Therefore, no off-street parking is required for the proposed project. Street parking and public parking lots are located within walking distance of the proposed project site.

Despite there being no required off-street parking for the proposed use, and given the nature of the proposed use of a day care facility, staff has proposed to condition the project with a pick -up and drop- off plan to alleviate traffic related to the proposed use.

Another proposed Condition of Approval requires the applicant to install a n accessible loading zone at the project frontage, consistent with the City of Pittsburg’s Public Works Department standards and requirements. Loading zone would be used for ease of child pick-up and drop-off.

While no bicycle parking is required by the Municipal Code for uses that do not require automobile parking, staff has determined that bicycle parking infrastructure is necessary as part of this proposed project to further support a walkable and multi-modal downtown Pittsburg. Despite the applicant’s opposition to this requirement, a Condition of Approval remains in place requiring installation of four bicycle parking spaces, consistent with the goals of the Pedestrian Commercial Zoning District and the City ’s efforts to promote alternative transportation. This will be field verified to ensure compliance with ADA (Americans with Disabilities Act) accessibility.

Signage: The applicant is not proposing any exterior signage for the tenant space at this time. Signage associated with the proposed project would require a separate sign permit application that demonstrates consistency with the Old Town Design Guidelines. Any future exterior signage would be reviewed by staff for compliance with applicable guidelines prior to application for a Building Permit and installation.

Required Findings: In accordance with PMC Section 18.16.040, a Use Permit may be granted only if the Planning Commission can make findings that the proposed use:

A. is in accord with the objective of the Zoning Ordinance, the purposes of the land use district in which it is located and is appropriate to the specific location;

B. is not detrimental to the health, safety, and general welfare of the City;

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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C. will not adversely affect the orderly development of property within the City;

D. will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City;

E. is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable Specific Plan;

F. will not create a nuisance or enforcement problem within the neighborhood;

G. will not encourage marginal development within the neighborhood;

H. will not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law;

I. is consistent with the City’s approved funding priorities; and

J. if located within the Pedestrian Commercial (CP) district, will support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian- oriented atmosphere along the primary downtown corridor.

A full analysis of how the proposed project meets the required Use Permit findings is provided in the Resolution, Attachment 1.

Environmental: The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1, “Existing Facilities,” of the CEQA Guidelines, section 15301. The proposed project qualifies for a Class 1 categorical exemption because the project site is an existing private ly owned structure, and the applicant is not proposing any expansion of the existing structure. The proposed project would not have any significant effect on the environment and therefore categorically exempt from the provisions of CEQA.

If the proposed project is approved, Staff will file a Notice of Exemption with the Governor’s Office of Land Use and Climate Innovation (LCI) and Contra Costa County Clerk-Recorder’s Office.

Public Notice: On or prior to August 1, 2025, a notice of the August 12, 2025, Public Hearing for the proposed project was posted at City Hall and at or near the project site; was delivered for posting at the Pittsburg Library; was posted on the “Public Notices” section of the City’s website and was mailed via first class or electronic mail to the applicant, to the property owner, to all owners of property within 300 feet of the project site, to local service agencies expected to provide services to the bus iness, and to individuals who had previously filed written request for such notice, in accordance with

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

Page 6 of 8 ends

PMC section 18.14.010 and Government Code section 65091 . The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in the “Harbor and School Street”, “Marina Vista”, “The Village at New York Landing” “W. 8
th Street” and “Downtown Pittsburg” neighborhoods.

The Public Hearing Notice is included as Attachment 4 of this Report.

ANALYSIS:

Staff finds that the proposed use is compatible with surrounding land uses, aligns with the City of Pittsburg 2040 General Plan, and contributes to the vitality of Downtown Pittsburg.

The project introduces a range of community -serving uses , including early childhood education, faith- based services, and administrative operations within a pedestrian- oriented area of the City. By activating three currently vacant tenant spaces along Cumberland Street, the project enhances the mix of land uses in the Commercial Core and supports General Plan goals related to community enrichment and downtown revitalization. In particular, the proposed Day Care would support educational and family needs for youth between the ages of 18 months and 12 years, while the Religious Assembly use would offer a space for community worshiping services. The office component would provide the necessary operational support for both.

The proposed “Day Care, General” use is consistent with several goals and policies of the City of Pittsburg’s 2040 General Plan. Specifically, the project supports Policy 2- P-

1.1, which encourages maintaining an adequate supply of educational and recreatio nal opportunities for local youth. It also aligns with Policy 2-P-3.5, which states: “Support the development of cultural, educational, and entertainment facilities and events in the City’s centers to serve residents and visitors.” By establishing a licens ed childcare and early education facility within a walkable corridor of the Old Town area, the proposed use addresses a growing local need for child development services. The Day Care facility is expected to serve families in the surrounding community and bring regular foot traffic to Downtown Pittsburg, activating a vacant commercial space and contributing to the overall vitality of the area.

The proposed “Religious Assembly” use is consistent with General Plan Policy 9- P-3.5, which states: “Support the preservation, improvement, and development of community cultural facilities, including cultural centers, community centers, theaters, and libraries, that provide gathering places for cultural exploration, expression, and inspiration.” The project would establish a gathering space for worship, education, and cultural expression, helping to diversify the institutional and cultural uses within the C ommercial Core.

Because the space is capable of accommodating 50 or more seated persons, a Use Permit is required under Commercial Limited Land Use Regulation L-110, and staff finds the request appropriate and consistent with the surrounding land use context.

The proposed “Office, Business, and Administrative” use supports General Plan Goal 2- 5, which aims to promote and maintain Downtown as a vibrant destination featuring a mix

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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of uses, including offices, retail, restaurants, entertainment, and housing. The proposed office space is located in a pedestrian- oriented corridor and complements the desired diversity of uses envisioned in the Downtown area. Although the office use does not require a Use Permit under Commercial Limited Land Use Regulation L-174 because the site is not adjacent to Railroad Avenue, it has been included in the overall entitlement request. This is due to its direct and functional relationship with the Day Car e and Religious Assembly uses, which do require Use Permit approval by the Planning Commission. The office space will support both operations by providing shared restrooms, staff break areas, and a kitchenette. Its inclusion strengthens the operational cohesion of the project and supports the long-term goal of fostering walkable, mixed-use areas within the City’s historic core.

Together, the three uses foster a family-supportive environment, promote walkability, and fill a currently underutilized commercial space.

Staff finds that the proposed “Day Care, General,” “Religious Assembly,” and “Office, Business and Administrative” uses are consistent with the City’s 2040 General Plan goals and policies, as well as the applicable regulations of the Pittsburg Municipal Co de (Title 18 – Zoning Ordinance). The proposed uses are conditionally permitted within the Pedestrian Commercial Zoning District, and each use provides needed community - serving amenities. Furthermore, the project would bring active, productive use to three tenant spaces that are currently vacant. These uses would integrate into the existing commercial landscape, which includes a diverse mix of retail, dining, and personal services, such as restaurants, clothing stores, beauty salons, bookshops, and barber shops. The proposed project, if approved, would be compatible with both existing and allowed uses in the immediate Downtown area.

Additionally, staff finds that the proposed use would be in accord with the purposes of the land use district in which it is located and is appropriate to the specific location, in that the proposed uses are conditionally permitted within the Pedestrian Commercial Zoning District. The proposed use would not be detrimental to the health, safety, and general welfare of the City , rather, it would improve health and general welfare of the City’s residents. The use would not adversely affect the orderly development of property within the City, in that the proposed use is consistent with both the General Plan and Municipal Code. It would not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City , as the proposed business is privately operated. The use would not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law , in that the use would operate within an existing building with existing public services in place. The proposed use would support the goals of creating a vibrant, prosperous, visually interesting, and engaging community -oriented atmosphere within the immediate Downtown area.

ACTION REQUIRED:

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Planning Commission Staff Report
Baby Yale Academy and City of the Lord Zion Cumberland, AP-25-0054 (UP) August 12, 2025

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Move to adopt a Resolution, approving Use Permit application No. 2 5-0054, subject to the Conditions of Approval as specified in the proposed Resolution.

ATTACHMENTS:

1. Proposed Resolution

2. Proposed Project Floor Plan

3. Proposed Project Business Plan

4. Public Hearing Notice/Vicinity Map

Prepared by: Kelsey Gunter, AICP, Associate Planner

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Attachment 6
August 12, 2025 Page 1 of 4 Resolution No. 10277

BEFORE THE PLANNING COMMISSION OF THE CITY OF PITTSBURG

In the Matter of:

Denying a Use Permit Request to Establish )
a “Religious Assembly,” “Day Care, ) Resolution No. 10277 General,” and “Office, Business, and )
Administrative” use within an existing multi- )
tenant commercial building located at 640, 650,)
and 670 Cumberland Street, Pittsburg, CA for
)
“Baby Yale Academy and City of the Lord )
Zion Cumberland, AP-25-0054 (UP).” )

The Planning Commission DOES RESOLVE as follows:

Section 1. Background

A. On June 20, 2025, the applicant submitted Use Permit Application No. 25- 0054 requesting approval to establish the following uses: "Day Care, General" at 640 Cumberland Street; "Religious Assembly" at 650 Cumberland Street; and "Office, Business, and Administrative" at 670 Cumberland Street. This project is located within the Pedestrian Commercial (CP) Zoning District and Downtown General Plan Subarea.

Assessor’s Parcel No. 085-171-004.

B. The proposed project is governed by the 2040 Pittsburg General Plan and Pittsburg Municipal Code (PMC).

C. In accordance with PMC Section 18.16.040, a Use Permit may be granted only if specific findings are made relating to zoning consistency, community impact, orderly development, and conformance with General Plan policies.

D. The proposed use conforms with the applicable “ Downtown Commercial” General Plan designation and the applicable goals and policies of the City’s General Plan and Zoning Code.

E. The project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1, Existing Facilities) of the CEQA Guidelines.

F. On or prior to August 1, 2025, notice of the August 12, 2025, public hearing was posted at City Hall, near the proposed project site, and on the ‘Public Notices’ section of the City’s website; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies expected to provide services to the building, and to individuals who had previously filed written request for such notice, in accordance with Pittsburg Municipal Code (PMC) Section

18.14.010 and Government Code Section 65091.

G. On August 12, 2025, the Planning Commission held a public hearing on Planning Application No. 25-0054, at which time oral and/or written testimony was considered.

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August 12, 2025 Page 2 of 4 Resolution No. 10277
S
ection 2. Findings
A. B
ased on the Planning Commission Staff Report entitled, “Consideration of a Resolution Granting approval of a Use Permit to Establish a “Religious Assembly,” “Day Care, General,” and “Office, Business, and Administrative” use within an existing multi -tenant commercial building located at 640, 650, and 670 Cumber land Street, Pittsburg, CA for “Baby Yale Academy and City of the Lord Zion Cumberland, AP -25-0054 (UP),” dated August 12, 2025, 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 meeting, the Planning Commission finds that:

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

2. T
he Use Permit proposal:
a) W
ill be in accordance with the objectives of the Zoning Ordinance, the purpose of the land use district in which it is located and is appropriate to the specific location, in that and the CP (Pedestrian Commercial) District, which allows for conditionally permitted uses, such as day cares, religious assembly, and office spaces subject to Use Permit approval by the Planning Commission. The proposed uses would keep a transparent storefront and maintain the pedestrian- friendly nature of the Pedestrian Commercial Zoning District by bringing clientele and family to Old Town Pittsburg.
b) W
ill not be detrimental to the health, safety, and general welfare of the City, if conditions of approval are adopted, including, but not limited to the following: 1) adherence to the drop-off and pick-up schedule; 2) installation of a loading zone; 3) development of the project’s refuse disposal plan; and 4) compliance with all applicable local, regional, State and Federal regulations. c) W i
ll not adversely affect the orderly development of property within the City, in that the proposed uses are consistent with the 2040 General Plan and Pittsburg Municipal Code, which govern land use. Further the proposed uses will occupy an existing, vacant, commercial space, and the applicant is not proposing exterior building expansions or parking lot changes that would otherwise conflict with the City’s goals, policies, and development standards.
d) Will no
t adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City. Occupancy of a vacant space in an active retail center will contribute positively to local revenue and vitality.
e) Wi
ll be consistent with the G eneral Plan. The subject site has a land use designation of ‘ Downtown Commercial’ which envisions a mix of commercial services in the Downtown areas. The three proposed uses will further the creation of a mix of commercial services in Old Town Pittsburg. Additionally, the proposed Attachment 6

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August 12, 2025 Page 3 of 4 Resolution No. 10277
uses are in compliance with the General Plan, including Policies 9-P-3.5 and 2-P-

3.5. f) Wi
ll not create a nuisance or enforcement problem within the neighborhood, in that it will be required to meet performance standards, as set forth by PMC Chapter 18.82, which are intended to address ongoing safety, noise, odor, and maintenance concerns.
g) Wi
ll not encourage marginal development within the neighborhood , in that the proposed uses will occupy existing commercial spaces and the Use Permit proposal does not involve construction of a new building or building addition. The use will utilize appropriately sized, existing tenant spaces with adequate facilities. h) Wi
ll not create a demand for public services within the City beyond that of the ability of the City to meet in light of taxation and spending restraints imposed by law, in that the proposed uses have access to existing infrastructure, including fire, police, and water.
i) Wi
ll not be inconsistent with the City’s approved funding priorities, in that it does not require City funding.
j) I
f located within the pedestrian commercial (CP) district, will not support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian-oriented atmosphere along the primary downtown corridor. T he proposed use would not meet the intent of the CP district to promote an active and engaging downtown environment. The Pedestrian Commercial zoning district is designed to attract visitors, encourage visual interest, and foster pedestrian- oriented facilities and experiences. Uses such as day care centers or religious assembly facilities typically attract a limited and specific user base and operate on fixed schedules, which are unlikely to generate consistent foot traffic or incidental visits to surrounding businesses
B. T
he Staff Report entitled, “Consideration of a Resolution Granting approval of a Use Permit to Establish a “Religious Assembly,” “Day Care, General,” and “Office, Business, and Administrative” use within an existing multi -tenant commercial building located at 640, 650, and 670 Cumberland Street, Pittsburg, CA for “Baby Yale Academy and City of the Lord Zion Cumberland, AP -25-0054 (UP).” dated August 12, 2025, is referenced hereto as additional support for the findings.

S
ection 3. Decision
Based on the findings set forth above, the Planning Commission hereby denies Planning Application No. 25-0054, subject to the following conditions:

S
ection 4. Effective Date
T
his resolution shall take effect immediately upon its adoption.

Attachment 6

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August 12, 2025 Page 4 of 4 Resolution No. 10277
O n motion by Commissioner Robinson, seconded by Commissioner Foster , the foregoing resolution was passed and adopted the 12th day of August 2025, by the Planning Commission of the City of Pittsburg, California by the following vote:

AYES:

N
AYES: Foster, Kent, Popova, Robinson, Smith
ABST
AIN: Stokes
ABSEN
T:

I
hereby certify that the above Resolution No. 10277 was adopted by the Planning Commission of the City of Pittsburg on August 12, 2025. ___
_____________________________

JOHN FUNDERBURG, SECRETARY

PITTSBURG PLANNING COMMISSION
Attachment 6

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Attachment 7

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Attachment 7

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Attachment 7

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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:

T
IME:

PLACE:

November 17, 2025
5:30 P.M.

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

Baby Yale Academy and City of the Lord Zion Cumberland, AP-2 5-0045 (UP) This is a public hearing on a request for approval of an appeal of the Planning Commission's determination to deny a Use Permit to establish a “Religious Assembly,” “Day Care, General,” and “Office, Business, and Administrative” use within an existing multi-t enant commercial building located at 640, 650, and 670 Cumberland. The site is loc ated within the Pedestrian Commercial (CP) Zoning District of the Old Town Pittsburg Downtown Area. Assessor’s Parcel No. 085-171-004.

T
he proposed project is categorically exempt from the provisions of the CEQA Guidelines under Class 1, ‘Existing Facilities’ of the CEQA Guidelines, Section 15301, as the business would occupy an existi ng c
ommercial tenant space with no expansion of the building footprint or change in intensity of land use.

PROJECT PLANNER: Kelsey Gunter, (925) 252-4824 or [email protected] Why am I receiving this notice?
You are receiving this notice because you have either previously requested notifications from the Planning Division, or a project has been proposed in your neighborhood and all property owners within a minimum 300-foot radius of the project site are required to be notified under the Pittsburg Municipal Code.

Where can I get more information about this project? What can I do if I have comments on the project?
The complete file for this project is available for public inspection; please contact the project planner listed above to make necessary arrangements. 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
Assistant Director of Community and
Economic Development
Attachment 8

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Project Title: Baby Yale Academy and City of the Lord Zion Cumberland; AP-2 5-0045 Location: 640, 650, 67 0 Cumberland Street, Pittsburg, CA 94565

NOTICE OF PUBLIC HEARING
City of Pittsburg
Community and Economic Development Department -
Planning Division
65 Civic Avenue
Pittsburg, CA 94565
Project
Site
Attachment 8

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NATIONAL HOMELESS AWARENESS MONTH
November 2025

WHEREAS, the month of November is recognized as Homelessness Awareness Month in the United States; and
WHEREAS, there are approximately 2,118 homeless individuals in Contra Costa County based on the 2025 Point-In-Time Count; 840 sheltered and 1,278 unsheltered; and WHEREAS, Pittsburg had 73 people who were unsheltered; and WHEREAS, the purpose of this proclamation is to educate the public about the many reasons people are homeless and to encourage support for homeless assistance service providers and programs; and
WHEREAS, the Contra Costa County Health Services – manages the Coordinated Outreach Referral Engagement (C.O.R.E) program which serves as the entry point to the County’s coordinated system by engaging unsheltered individuals, assessing their needs, and connecting them to shelter, health, and housing resources and Bay Area Community Services – administers the Delta Landing facility which provides 172 units of interim housing with on-site healthcare, housing navigation and case management; and WHEREAS, the City of Pittsburg is dedicated to assisting people who are experiencing homelessness through community collaboration and partnerships.

NOW, THEREFORE, I, Jelani Killings, on behalf of the City Council of the City of Pittsburg, do hereby proclaim November 2025 as Homelessness Awareness Month and recognize Bay Area Community Services and C.O.R.E. for their efforts in addressing homelessness in Pittsburg.

____________________________________________________________________________________________________________________________________________________ Alice E. Evenson, City Clerk
____________________________________________________________________________________________________________________________________________________ Jelani Killings, Mayor

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Maria A. Aliotti - Interim City Manager

SUBJECT: Adoption of a City Council Minute Order to Appoint Candidates to the Planning and Community Advisory
Commissions

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

There is currently one (1) vacancy on the Planning Commission and one (1) vacancy on the Community Advisory Commission. Each term will be effective through February 28, 2028.

FISCAL IMPACT

There is no fiscal impact.

RECOMMENDATION

Staff recommends appointing candidates to the open seats.

BACKGROUND

In July 2025, a member of the Planning Commission resigned, prompting the opening of an application period to fill the vacancy. The recruitment window ran from July 18 to August 31, 2025, closing at 5:00 p.m.

Subsequently, in August 2025, a resignation also occurred on the Community Advisory Commission.

To streamline the appointment process for both commissions, candidates who applied

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during the initial recruitment period are considered for both vacancies.

SUBCOMMITTEE FINDINGS

This item was not discussed at a subcommittee.

STAFF ANALYSIS

Twelve (12) applications were received by the deadline. Interviews were held on November 3, 2025. Out of the 12 applicants, two (2) withdrew their application, five (5) were interviewed, and five (5) did not attend the interview.

The City Council interviewed the following 5 applicants:

1. Jomari Fernandez

2. Jennifer Ingram

3. Brian Sanchez

4. Sonja Shephard

5. Bruce Smargiasso

The appointments made to the commissions will be effective through February 28, 2028.

Report Prepared By: Melaine Venenciano, Director of City Clerk Services

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

SUBJECT: Introduce and Waive First Reading of an ordinance to Adopt by Reference the 2025 California Building Code, Residential Code, Electrical Code, Fire Code, Wildland-Urban Interface Code, Mechanical Code, Plumbing Code, Historical Building Code, Green Building Standards Code, Existing Building
Code, and Energy Code with State of California and Local Amendments

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

FISCAL IMPACT

There is no fiscal impact to rescinding and adopting Pittsburg Municipal Code Title 15, “Buildings and Construction.”

RECOMMENDATION

City Council introduce, waive further reading, and pass to second reading the attached Ordinance repealing Chapters 15.08, 15.16, 15.18, 15.20, 15.21, 15.22, 15.26, 15.28,

15.32, 15.60, and 15.64 of the Pittsburg Municipal Code, and adopting the 2025 California Building Code, Residential Code, Electrical Code, Fire Code, Wildland-Urban

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Interface Code, Mechanical Code, Plumbing Code, Historical Building Code, Green Building Standards Code, Existing Building Code, and Energy Code with State of California and Local Amendments.

BACKGROUND

The 2025 California Codes will take effect statewide on January 1, 2026. Building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated. These Codes apply to all occupancies in the State of California as annotated. Each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference.

This is the first reading of an ordinance to repeal existing sections, and adopt sections of the Pittsburg Municipal Code as follows:

1. The 2025 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building Standards Commission, based upon the 2024 International Building Code as published by the International Code Council;

2. The 2025 California Electrical Code, California Code of Regulations, Title 24, Part 3, California Building Standards Commission, based upon the 2023 National Electrical Code as published by the National Fire Protection Association;

3. The 2025 California Mechanical Code, California Code of Regulations, Title 24, Part 4, California Building Standards Commission, based upon the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

4. The 2025 California Plumbing Code, California Code of Regulations, Title 24, Part 5, California Building Standards Commission, based upon the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

5. The 2025 California Historical Building Code, California Code of Regulations, Title 24, Part 8 as published by the California Building Standards Commission;

6. The 2025 Green Building Standards Code, California Code of Regulations, Title 24, Part 11, California Building Standards Commission as published by the International Code Council;

7. The 2025 California Existing Building Code, California Code of Regulations, Title 24, Part 10, California Building Standards Commission based upon the 2024 International Existing Building Code;

8. The 2025 Residential Code, California Code of Regulations, Title 24, Part 2.5, California Building Standards Commission, based upon the 2024 International Residential Building Code as published by the International Code Council;

9. The 2025 California Fire Code, California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 based on the 2024 International Fire Code published by the International Code Council;

10. The 2025 California Wildland-Urban Interface Code, California Code of Regulations, Title 24, Part 7 and Appendices (based on the 2024 International

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Wildland-Urban Interface Code published by the International Code Council); and

11. The 2025 California Energy Code, Title 24, Part 6, California Building Standards Commission as published by the International Code Council.

The City may establish more restrictive building standards as reasonably necessary because of local climatic, geological, or topographical conditions. The proposed amendments are based upon these tangible conditions and essentially similar to amendments adopted in the past and currently in effect.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

Adoption of this ordinance establishes standards and allows the City to enforce the building codes as adopted by the State Building Standards Commission. These are the standards governing property development, building construction, and maintenance.

ATTACHMENTS: Ordinance

Report Prepared By: Shelby Rose, Chief Building Official

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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Ordinance Repealing Pittsburg Municipal Code ) Chapters 15.08, 15.16, 15.18, 15.20, 15.21, 15.22, )

15.26, 15.28, 15.32, 15.60,15.64 and Adopting the ) ORDINANCE NO. 25- 2025 California Building, Residential, Electrical, Fire ) Wildland-Urban Interface, Mechanical, Plumbing, ) Historical Building, Green Building Standards, Existing) Building, and Energy Codes By Reference With Local )
Amendments )

WHEREAS, the California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24; and

WHEREAS, these codes are commonly referred to as the California Building Code ("Codes") and include building, plumbing, mechanical, electrical, fire, energy, residential, historical, and green standards; and

WHEREAS, the 2025 California Codes will take effect statewide on January 1, 2026; and

WHEREAS, building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated; and

WHEREAS, these codes apply to all occupancies in the State of California as annotated; and

WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code §17922 and Government Code §50022.2); and

WHEREAS, the City may establish more restrictive building standards as reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, the proposed amendments are based upon these tangible conditions and past practice, and

WHEREAS, adoption of this ordinance formalizes the City’s participation in enforcing the building codes as adopted by the State Building Standards Commission. This will provide necessary clarification regarding the adopted regulations governing property development, building construction and maintenance; and

WHEREAS, the City has provided notice of, and taken all actions necessary for, the proposed adoption by reference of certain uniform State codes as set forth in this Ordinance and as required by Government Code Section 50022.1 et seq.

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WHEREAS. on October 7, 2025, the Contra Costa County Board of Supervisors in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District introduced Ordinance No. 2025-14 and Ordinance No. 2025-14 and made express findings in support of technical amendments to the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code based upon climatic, topographical, and geological conditions ("Findings"), as a first step in adopting the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code with technical amendments, and is anticipated to adopt the 2025 California Fire Code 2025 California Wildland-Urban Interface Code with technical amendments by adopting Ordinance No. 2025- 14 and Ordinance No. 2025-15 and Findings on November 18, 2025, in advance of the City of Pittsburg's adoption of this Ordinance.

NOW, THEREFORE, the City Council of the City of Pittsburg DOES ORDAIN as follows:
(Language different from the 2022 adopted code shown in bold italic, eliminated language shown in strikethrough.)

SECTION 1. PRIOR ENACTMENTS REPEALED

All prior enactments of the City, which conflict with this Ordinance, are hereby repealed, effective upon the date on which this Ordinance becomes effective and operative.

SECTION 2. CONTINUING EFFECT

2.1 Notwithstanding Section 1 of the Ordinance, and solely for the purposes of this Section 2.1, this Ordinance shall be construed as a continuation of said prior enactments as the same may have been heretofore amended from time to time, and compliance therewith prior to the effective date hereof shall be deemed to be compliance with this Ordinance unless provided otherwise herein.

2.2 Except as specifically or by necessary implication required to the contrary by this Ordinance, no right or entitlement granted, or obligation imposed, or action or proceeding commenced or taken pursuant to a prior resolution or ordinance repealed or modified hereby shall be deemed to be invalidated, waived, terminated or otherwise affected by the enactment hereof.

SECTION 3. EFFECT OF ENACTMENT

Except as specifically provided herein, nothing contained in this Ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

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SECTION 4. FINDINGS

4.1 The International Code Council (ICC) is a private organization which has been in existence for at least three (3) years.

4.2 The 20222025 California Building Codes, the 20222025 California Fire Code, the California Building Standards Code, and the California Fire Code Standards published by said organization, are a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

4.3 The California Building Codes and the California Fire Code have been printed and published as a code in books form within the meaning of Section 50022.2 et seq., of the California Government Code and said code has been adopted and amended by the California Building Standards Commission into the California Code of Regulations (CCR) as Title 24, 20222025 edition.

4.4 That one (1) copy of the 20222025California Building Codes based on the 20212024 International Building Codes and one (1) copy of the 20222025California Fire Code based on the 20212024 International Fire Code have been on file for use and examination by the public in the office of the Building Official prior to adoption of this Ordinance.

4.5 That the sections of the International Building Codes and California Building Code Standards may be referred to by the same number used in said published compilation preceded by the words “City of Pittsburg International Building Code Section” or “International Building Code Section” or “Building Code Section”. Said amendments to the California Building Standards Code under the California Building Codes shall be referred to in the same manner as listed above for ease of application.

4.6 That the sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words "City of Pittsburg California Fire Code Section" or "California Fire Code Section" or "Fire Code Section". Said amendments to the California Building Standards Code under the California Fire Code shall be referred to in the same manner as listed above for ease of application.

4.7 Pursuant to Section(s) 17958.5(a) and (b) as well as Section 17958.7 of the California Health and Safety Code, the Section contained herein shall be submitted as the "Findings of Need" with regard to the specific California Building Codes and California Fire Code Ordinance Amendments adopted by the City of Pittsburg and addressed herein.

Additional requirements and standards herein are necessary to properly protect the health, safety, and welfare of the existing and future residents as well as workers of the City of Pittsburg. Under the provisions of Section 17958.7 of the Health and Safety Code, local amendments shall be based on climatic, geological, or topographical conditions. The "Findings of Need" contained herein shall address each of these situations and shall present the local situation which singularly or in combination cause the established amendments to be adopted.

Each such modification is identified as to which section such finding refers.

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4.7.1 Life Safety: That the additional requirements and standard established herein are needed to properly protect the health, safety, life and limb, and welfare of existing and future residents, workers, and guests of the City of Pittsburg.

4.7.2 That these changes and modifications to the standards published in the California Building Codes and California Fire Code are reasonably necessary because of local climatic, geological, and topographical conditions. The following are hereby adopted as non-inclusive specific findings in respect to such local conditions and refer to amendments made to the California Building Codes, California Code of Regulations, Title 24, and International Fire Code as more particularly set forth below.

4.7.3 Pursuant to Section 17958.7(c), the changes or modifications are substantially equivalent to changes or modifications that were previously filed by City of Pittsburg and were in effect as of September 30, 2025. Furthermore, the building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7.

4.7.2.1. Climatic Conditions:

1. Precipitation and Relative Humidity

Conditions:

Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to occasional drought.

Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.

Impact:

Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.

Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a

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magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Temperature

Conditions:

Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F.

Impact:

High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials.

This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day.

High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.

3. Winds

Conditions:

Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons.

However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are
experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.

Impact:

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Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross- ventilation efforts.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

4.7.2.2 Topographic Conditions:

Development has occurred and continues to occur in Pittsburg at a rapid pace. Traffic congestion occurs during certain peak business hours, weekends, and on holidays along main thoroughfares. (Information provided by the Transportation Engineering Division of the Public Works Department).

The distance between fire stations, and the response time in our city compared to the time when flashover generally occurs creates a need for on-site fire suppression capability in all structures, and the need for specific turning radius and turnaround requirements for fire apparatus. In order to accommodate fire equipment during emergency response, we find that fire apparatus roads, grades, turning radius and turnaround dimensions are required as set forth herein.

Conditions:

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Vegetation: The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District. Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development.

Surface Features: The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.

Buildings, Landscaping and Terrain: Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts unsuccessful.

4.7.2.3 Geological Conditions:

Pittsburg, CA has a very high earthquake risk, with a total of 3,904 earthquakes since 1931. The USGS database shows that there is a

97.98% chance of a major earthquake within 50km of Pittsburg, CA within the next 50 years. The largest earthquake within 30 miles of Pittsburg, CA was a 6.0 Magnitude in 2014.

Pittsburg, CA has a very high earthquake risk. Within the 20 miles of the City of Pittsburg, there are four (4) earthquake faults; the Concord Fault, Clayton Fault, Davis Fault, and the Kirby Hills

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Fault. There are also other faults in the immediate adjacent areas.

In the event of a severe earthquake, these faults present the potential for catastrophic damage including fire, damage to roadways, and other impairments of emergency apparatus (Fault information from California Division of Mines and Geology). This finding supports our modifications to the California Building Codes and the California Fire Codes.

Seismicity

Conditions:

Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.

The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo, Pinole, Hercules and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch, and Pittsburg, Brentwood, and Oakley and the unincorporated communities community of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron, and Marsh Creek and Morgan Territory.

Because of the size of the Contra Costa County Fire Protection District (304 733 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil

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refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the district. There are 2 major rail lines which run through the district. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings.

Impact:

A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.

Soil Conditions

The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. Throughout the Fire District, the topography and development growth has created a network of older, narrow roads.

These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program.

During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is

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anticipated that during an earthquake, several of these roads would be practically impassable. This finding supports our modifications to the California Design Building Codes and the California Fire Codes

Impact (Fire Specific):

The above logical geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire
Protection district. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/ or debris blocking the roadways.

4. Climatic conditions (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingles covering could result in conflagrations.

SECTION 5. California Building Code

Chapter 15.08 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced adopted in its entirety to read as follows:

“Chapter 15.08
California Building Code
Sections:

15.08.010 Adoption.

15.08.040 Amendments to Appendix Chapter 1, Administration.

15.08.010 Adoption.

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A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the building code of the city the 20222025 California Building Code (CBC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 20212024 International Building Code published by the International Code Council.)

B. One copy of the CBC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CBC as set forth in this chapter. In addition, all subsequent supplements to the CBC and related publications are adopted by reference.

15.08.040 Amendments to Appendix Chapter 1, Administration.

Set forth below are the local amendments, additions, and deletions to the administrative portion of the 20222025 California Building Code. Chapter and section numbers used herein are those of Chapter 1 of the 20222025 California Building Code.

Section 107.5, Retention of Construction Documents, is hereby amended to read:

Section 107.5 Retention of Construction Documents. The Building Division of the City of Pittsburg shall maintain an official copy, which may be on microfilm or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit. “Building Division” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings. Except for plans of a common interest development as defined in Section 1351 of the Civil Code, plans need not be retained after 180 days of completion for:

(a) Single or multiple dwellings not more than two stories and basement in height.

(b) Garages and other structures appurtenant to buildings described under subdivision (a).

(d) Any one-story building where the span between bearing walls does not exceed 25 feet.

The exemption in this subdivision does not apply to a steel frame or concrete building.

Section 109.4 is hereby added to read:

Section 109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

Section 109.5, Related Fees, is hereby amended to read:

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Section 109.5 “Fees” Reinspection’s. If reinspection’s are required, fees for the same may be assessed in accordance with Section 109.

To obtain a re-inspection, the permittee shall pay any assessed re-inspection fee. In those instances where the building official has assessed a re-inspection fee, the building inspector shall perform no additional inspections of the work until the required fee has been paid.”

SECTION 6. California Electrical Code

Chapter 15.16 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced adopted in its entirety to read as follows:

“Chapter 15.16
California Electrical Code

Sections:

15.16.010 Adoption.

15.16.020 Electrical permit – Applicant qualifications.

15.16.040 Amendments, additions, and deletions to the National Electrical Code.

15.16.050 Violation – Penalty.

15.16.060 Small residential rooftop solar energy system review process.

15.16.070 Expedited electric vehicle charging station permitting.

15.16.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the electrical code of the city the 20222025 California Electrical Code (CEC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 20212023 National Electrical Code published by the National Fire Protection Association).

B. One copy of the CEC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CEC as set forth in this chapter. In addition, all subsequent supplements to the CEC and related publications are adopted by reference.

15.16.020 Electrical permit – Applicant qualifications.

No permit shall be issued to any person to do or cause to be done any electrical work regulated by this chapter, unless such applicant qualifies under one of the following conditions:

A. Applicant possesses a valid, unexpired, and unrevoked electrical contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or

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B. Applicant is the bona fide owner of the premises, which premises consists of a single-family dwelling, duplex, or a single unit in a condominium complex used exclusively for living purposes, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

15.16.040 Amendments, additions, and deletions to the 20212023 National Electrical Code.

Set forth below are the local amendments, additions, and deletions to the 20222025 California Electrical Code. Chapter and section numbers used herein are those of the 20212025 California Electrical Code.

Section 89.108.8, Appeals Board, is replaced by Section 113, Board of Appeals, of Appendix Chapter 1 of the 20222025 California Building Code.

Article 100, Definitions, is hereby amended by the addition of the following words or phrases:

“CITY” or “THE CITY” shall refer to the City of Pittsburg as the text requires.

“CITY COUNCIL” shall refer to the City Council of the City of Pittsburg.

“ELECTRICAL CONTRACTOR” shall refer to a contractor in possession of a valid license issued in accordance with the provisions of the California Contractors State License Board.

“ELECTRICAL INSPECTOR” shall refer to the Building Official of the City of Pittsburg or his or her authorized representative.

“ELECTRICAL WORK” shall refer to the installation, construction, maintenance, and repair of electrical equipment.

“PERSON” shall refer to a natural person, his or her heirs, executors, administrators, or assignees, and also includes a firm, partnership, or corporation, its or their successors or assignees, or the agent of any of the aforesaid.

“SINGLE FAMILY DWELLING” shall refer to a residential building containing one or two dwelling units.

15.16.050 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.

15.16.060 Small residential rooftop solar energy system review process.

A. The following words and phrases as used in this section are defined as follows:

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“Electronic submittal” means the utilization of one or more of the following:

1. E-mail.

2. The Internet.

3. Facsimile.

“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. (Note: Your city may adopt an ordinance that modifies the checklists and standards found in the California Solar Permitting Guidebook due to unique climatic, geological, seismological, or topographical conditions.)

D. The checklist shall be published on the city’s Internet website. The applicant may submit the permit application and associated documentation to the city’s Building Division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. (Or, if the city will not accept electronic signature, the reasons for the inability to accept electronic signatures must be described.)

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E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground, and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. (Note: A separate fire inspection may be performed if your city does not have an agreement in place with your local fire authority to conduct a fire safety inspection on behalf of the fire authority.) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

15.16.070 Expedited electric vehicle charging station permitting.

A. The ordinance codified in this section shall be known as the city of Pittsburg electric vehicle charging station permit expediting ordinance. The terms, phrases, and words used in this section shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

B. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this section.

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C. Expedited Review Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

D. Electronic Submittals. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

E. Association Approval. Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

F. Permit Application Processing. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city-adopted checklist, and are consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

G. Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life- safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code Section 65850.7, the city may require the applicant to apply for a use permit.”

SECTION 7. Historical Building Code

Chapter 15.18 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced adopted in its entirety to read as follows:

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“Chapter 15.18
Historical Building Code
Sections:

15.18.010 Adoption.

15.18.020 Violation – Penalty.

15.18.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the historical code of the city the 20222025 California Historical Building Code (CHBC), California Code of Regulations, Title 24, Part 8 (as published by the California Building Standards Commission).

B. One copy of the CHBC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CHBC as set forth in this chapter, in addition, all subsequent supplements to the CHBC and related publications are adopted by reference.

15.18.020 Violation – Penalty.

SECTION 8. California Fire Code

Chapter 15.20 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced adopted in its entirety to read as follows:

“Chapter 15.20
California Fire Code

15.20.010 Adoption.

15.20.020 Enforcement.

15.20.040 Amendments.

15.20.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the fire code of the city the 20222025 California Fire Code

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(California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 (based on the 20212024 International Fire Code published by the International Code Council).

B. One copy of the CFC is on file with the city clerk for use and examination by the public, along with changes, additions and deletions relating to sections of the CFC as set forth in this chapter. In addition, all subsequent supplements to the CFC and related publications are adopted by reference.

15.20.020 Enforcement.

A. The provisions of this chapter shall be enforced by the Contra Costa County fire protection district (district) under the direction of the fire chief and/or the chief building official of the city.

The fire chief or his duly authorized agents may issue citations for violations of the district ordinances as adopted by the city in the same manner as a county or city is authorized to do so by Chapter 5-C (commencing with Section 853.5, Title 3, Part 2) of the Penal Code.

B. A report of the fire activities within the city shall be made annually and transmitted to the city manager by the Contra Costa County fire protection district. It shall contain all proceedings under this code, with such statistics as the fire chief deems necessary.

15.20.040 Amendments.

Chapter and section numbers used below are those of the 20222025 California Fire Code.

A. Chapter 1, Scope and Administration.

Section 101.1 is amended to read:

101.1 Title. This code is the Fire Code of the Contra Costa County Fire Protection District and is hereinafter referred to as “this code.”

Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

Section 105.5 is amended to read:

105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.6360.

Section 105.5.33 is amended to read:

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105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public, fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:

105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent

Section 105.5 is amended by adding Sections105.5.52 through 105.5.63 to read:

105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber, or plywood in excess of 200 cubic feet (6 m3).

Section 105.5 is amended by adding Sections 105.5.55 through 105.5.63 to read:

105.5.55 Asbestos removal. A permit is required to conduct asbestos- removal operations regulated by Section 3319

105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations.

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105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees

105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19, and Chapter 56 of this code

105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site and are effective as long as site conditions have not changed.

Section 105.5.60 is added to read:

105.5.60 Five year sprinkler test. An operational permit is required to engage in the business of conducting the five-year test of an automatic fire sprinkler systems or standpipe, in accordance with NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems), 2013 California Edition.

105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy.

105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.

105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.

105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:

105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.2925.

Section 105.6.25 is amended by adding Sections105.6.2526 through 105.6.2930 to read:

105.6.2526 Access for Fire Apparatus. Plans shall be submitted, and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.

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105.6.2627 Construction, Substantial Alteration, Additions of a Building for Which a Building Permit is Required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration.

105.6.2728 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

105.6.2829 Water Supply for Fire Protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.

105.6.2930 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.

105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District, Fire Department to incorporate all of the work that the applicant or the applicant’s agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is added to read:

112.4 Violation Penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with health and safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit the continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.

B. Chapter 2, Definitions.

Section 202 is amended by adding the following definitions to read:

Administrator. Shall mean the Fire Chief

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Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and t he environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

Wrecking Yard. An area that stores or dismantles salvaged vehicles.

Board of Directors. The Contra Costa County Board of Supervisors as the governing body of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District.

Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Combustible Material. Rubbish, litter, or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.

Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.

Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.

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Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.

Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department

Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained, and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control.

The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the county, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.

Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.

Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

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Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction, which is or when dry may become a fire hazard. See combustible material.

Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size.

Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water- flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and easements.

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area, and the total new gross floor area is 5,000 square feet or greater.

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Temporary Fire Department Access Road for Construction. An approved temporary roadway for emergency vehicle uses during construction of residential subdivision projects. A temporary, all-weather roadway constructed and maintained for the purpose of providing fire apparatus access to buildings, structures, or portions of a site under development until such time as the permanent fire apparatus access road is installed and approved. Temporary access roads shall be designed, constructed and maintained to support the imposed loads of fire apparatus, provide the required width and vertical clearance, and remain clear and unobstructed at all times during construction.

Temporary Fire Department Access Road for Construction of One (1) Residential (R3) Unit.

A temporary roadway for emergency vehicle uses during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.

Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.

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Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight.

2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous.

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

C. Chapter 3, General Precautions Against Fire.

Section 304.1.2 is amended to read:

304.1.2 Vegetation. Hazards created by the growth of weeds, grass, vines, trees, or other growth capable of being ignited and endangering property shall be mitigated in accordance with Section 320.

Section 304.3.5 is added, to read:

304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1, is amended to read:

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Hazard Control.

324.1 Subsurface Fires.

324.1.1 Peat Fire. It is the duty of each person, firm corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any

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subsurface fire involving peat or vegetable material at the owner’s own cost and expense.

324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)

Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards,

325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.

325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling

Automobile Wrecking Yard

325.3 Requirements.

325.3.1 Permits. An operational Fire code permit is required as in Section 105.6.53.

325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.

325.3.3 Welding and Cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.

325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials.

Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.

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325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4- A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.

325.3.6 Tire Storage. Tires shall be stored in racks or in a manner as approved by the fire code official.

325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.

325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.

325.3.8 Burning Operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.

325.3.9 Motor Vehicle Fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.

325.3.9.1 Mitigation of Leaking Fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.

325.3.10 Fuel Tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks.

325.3.10.1 Repair of Vehicle Fuel Tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind is prohibited.

325.3.11 Lead Acid Batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

D. Chapter 4, Emergency Planning and Preparedness.

Section 401.5 is added to read:

401.5.1 Nuisance Fire Alarm fee. A fee may be charged for false and/or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:

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401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 401.11 is added to read:

401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2 Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

E. Chapter 5, Fire Service Features.

Section 503.1.1 is amended to read:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension to 250 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.

3.1.2 or 903.3.1.3.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.

Section 503.1.4 is added to read:

503.1.4 Access to Open Spaces. When access to open land or space, or to fire trail systems maintained for public or private use, is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access must be approved by the fire code official.

Section 503.1.5 is added to read:

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503.1.5 Existing Fire Trail Systems Shall Be Maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

Section 503.2.1 is amended by adding the following exception:

Exception: A minimum sixteen (16) foot wide driveway is acceptable for access to one or two single-family dwellings.

Section 505.3 is added to read:

505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

Section 506.2.1 is added to read:

506.2.1 Knox Box upgrade. All current businesses and occupancies with current Knox Boxes shall upgrade their lockbox to the eCore Technology by December 31, 2028.

F. Chapter 6, Building Services and Systems.

Section 605.3.1 is added to read:

605.3.1 Spark Arrestors. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2

H. Chapter 9, Fire Protection Systems.

Section 901.6.3 is amended to read:

901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third-party electronic record keeping service as chosen by the fire district.

Section 902 is amended to add:

Substantial Addition or Expansion.

Section 902.1 is amended to add:

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Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area, and the total new gross floor area is 5,000 square feet or greater.

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof area removed or replaced within a one- year period.

Section 903.2.1.1 is amended to read:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists:

1. The fire area exceeds 5000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas containing Group A-3 occupancies and intervening floors of the building where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than four-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

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2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety, to read:

903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility.

3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.9.1 is amended to read:

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.3 is amended to read:

903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet

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2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4•hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20

Section 903.2.4 is amended in its entirety to read:

903.2.4 Group F.

903.2.4. Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).

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Section 903.2.4.4 is added to read:

903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read:

903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 10,000 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls less than 4-hour fire-resistance rating without openings.

Section 903.2.8 is amended to read:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily ma nufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is amended to read:

903.2.8.1.1 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either a substantial addition or alteration occurs.

Section 903.2.9 is amended to read:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

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2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeding 2,500 square feet. commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.10.1 is amended in its entirety to read:

903.2.10 Group S-2.

903.2.10.1 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code where either of the following conditions exists:

1. Where the fire area of the enclosed garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other occupancy groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:

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Section 903.2.10.3 Group S-2 Low Hazard Storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 20222025 California Building Code and 20222025 California Fire Code without local amendment.

Section 903.3.1.1.4 is added to read:

903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner ‘and/or the occupant to upgrade the system.

Section 903.3.1.3 is amended to read:

903.3.1.3 Sprinkler Systems for One- and Two- family dwellings. Automatic sprinkler systems for one- and two- family dwellings shall be permitted to be installed in accordance with sections 903.3.1.3.1

903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum of R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 903.3.5.3 is added to read:

903.3.5.3 Non-permissible Water Supply Storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5. for Automatic Sprinkler Systems. Water Supply for automatic sprinkler systems shall not be supplied by swimming pools or ponds.

Section 903.3.9 is amended to read:

903.3.9. Floor control valves. Individual floor control valves and waterflow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.

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Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:

903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 and 903.6.2 are added to read:

903.6.1 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition or expansion occurs, and the total fire gross floor area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or expansions alterations shall comply with Section 903.2.8.1.1.

903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 912.5 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard). R-3 occupancies shall be considered a relative hazard of 4 (lowest hazard).

Section 907.4.4 is added to read:

907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.5.

Section 907.5.2.3.1 is amended to read:

907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

Page 94 of 355 ends

1. Sanitary facilities including restrooms, bathrooms, shower rooms and locker rooms.

2. Corridors, hallways, aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms.

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:

907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.

Exception: Monitoring by a UL listed central station is not required for:

1. Single and multiple station smoke alarms required by section 907.2.11.

Page 95 of 355 ends

2. Group I-3 occupancies shall be monitored in accordance with section 907.2.6.3.4.

3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two- family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with a local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added to read:

907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added to read:

907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

I. Chapter 10, Means of Egress.

Section 1028.5.1 is added to read:

1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather and shall terminate at a public way as defined in the California Building Code.

J. Chapter 33, Fire Safety During Construction and Demolition.

Section 3303.1.2 is added to read:

3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.

Section 3303.1.3 is added to read:

3303.1.3 Site Security Requirements. Site security requirements include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

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2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols

4. Detection check points located throughout the buildings for fire watch and patrol verification

5. Security camera coverage throughout the site with motion detection notifications

6. Identify measures taken to prevent tampering with security cameras and motion sensors

7. Necessary lighting throughout the project site

Section 3319 Asbestos Removal is added to read:

3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets and similar equipment.

2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.

3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

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3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.

• 3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required.

Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high.

Chapter 41 Temporary Heating and Cooking Operations

Section 4104.2 is amended to read:

4104.2 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exceptions:

1. Residential occupancies

2. Where buildings, balconies and decks ae protected by an automatic sprinkler system.

3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 ½ pounds.

K. Chapter 50, Hazardous Materials – General Provisions.

Section 5001.5.1 is amended to add item 10 and 11 to read as follows:

101. Fire Department related safety equipment

A2. Fire alarm control panel (FACP)

B3. Sprinkler riser

C4. Fire Department Connection (FDC)

D5. Knox Box location

E6. Gas valve shutoff

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F7. Electrical main shutoff

G8. Water shutoff

H9. Elevator equipment room

10. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment

11. A Site Fire/Explosion/Hazardous material Release Analysis Assessment. A Fire Protection engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility.

Refer to NFPA 550 & 551 for references.

Section 5001.5.3 is added to read:

5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMMIS), and other information must be stored at a readily accessible location, as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:

5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

L. Chapter 56, Explosives and Fireworks.

Section 5601.1.3 is added to read:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited within the jurisdiction or District.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

1. 3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience, pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions as allowed by Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and the Health and Safety Code Division 11.

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2. Snap caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Sections 5601.1.3 to 5601.1.3.3 are added to read:

5601.1.3.1 Definitions. “Responsible party” means any of the following:

1. A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.

2. A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

Exception: If a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.

5601.1.3.2 Responsible party liability. A responsible party shall maintain, manage and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.

5601.1.3.3 Infraction arrest and citation. Any Fire Official and any City, County, or State Peace Officer, shall have and are hereby vested with the authority to arrest any person who violates the following provisions of the Code and other codes and indicated, punishable as an infraction or an administrative citation.

Section 5601.2.2 is amended to read:

5601.2.2 Sale and retail display. No person Persons shall not construct a retail display nor offer for sale any explosives, explosive materials, or fireworks on highways, sidewalks, public property or in Group A or E occupancies within the jurisdiction.

Exception: Snap Caps and Party Poppers classified by the State Fire Marshall as pyrotechnic devices.

Section 5601.2.4 is amended to read:

Page 100 of 355 ends

5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicated a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1 Chapter 6. See Section 5608.

Section 5601.9 is added to read:

5601.9 Prohibited and Limited Acts. The storage of explosive materials is prohibited in any central business district and in all zoning districts except districts zoned for industrial or agricultural uses. In districts where the storage of explosive materials is permitted, the quantities of explosives and distances shall be in accordance with California Fire Code Section 5601.8.

M. Chapter 57, Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:

5703.3.1 Facility Site Fire/Explosion/Hazardous Material Release Analysis Assessment.

A fFire Protection eEngineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read:

5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected aAbove-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, central business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 500 gallons (1892.706 L) for Class I or II liquids, or 1,000 gallons (3785.412 L) for Class III liquids.

Section 5706.2.4.4 is amended to read:

Page 101 of 355 ends

5706.2.4.4 Locations where above-ground tanks are prohibited. The Sstorage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural use.

Exception: Above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision.

N. Chapter 58, Flammable Gases and Flammable Cryogenic Fluids.

Section 5806.2 is amended to read:

5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with section 5806.3 or 5806.4.

O. Chapter 61, Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended in its entirety to read:

6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A or Group B occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:

6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

P. Chapter 80, Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems.

NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations.

Page 102 of 355 ends

Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Q. Appendix B, Fire-Flow Requirements for Buildings.

Section B105.2 is amended to read:

TABLE B105.2
Required Fire-Flow for Buildings Other
Than One- and
Two-Family Dwellings, Group R-3 and R-4
Buildings and Townhouses

AUTOMATIC SPRINKLER

SYSTEM (DESIGN

STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate

For SIJ: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

R. Appendix C, Fire Hydrant Locations and Distribution.

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Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read:

TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and J)

The heading of the fourth column of Table C102.1 to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT. (d,f,g,i)

Footnotes “i” and “j” are added to Table C102.1, to read:

i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.

j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

S. Appendix D, Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,00075,000 pounds (34,47334,050 kg). in accordance with CalTrans Design Standard HS-20-44.

Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.

Section D103.1 is deleted in its entirety.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000-pound (19 958 kg) traction load. The grooves in the concrete surface shall be 1/2 inch (13 mm) wide by 1/2 inch (13 mm) deep and 1 1/2 inch (38 mm) on center and set at a 30-to-45-degree angle across the width of the roadway

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surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13716 mm) outside.

Figure D103.1 is amended to read:

Figure D103.1

Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround

Table D103.4 is amended to read:

Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH
(feet)

MINIMUM
WIDTH
(feet)

TURNAROUNDS REQUIRED
0-150 20a None required
151 - 750 20a 100-foot Hammerhead, SO-foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with
figure D103.1
Over 750 Special approval requiredb

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a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.

b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6096 mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5 to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Criteria 10 is added to Section D103.5, to read:

10. At the discretion of the Fire District, a Click2Enter system shall be installed for emergency access.

Section D103.6 is amended to read:

D103.6 Signs, Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING—FIRE LANE” signs.

1. Roadways 20 feet wide. Fire lane signs shall be posted on both sides of the road.

2. Roadways 21 to 28 feet wide. Fire lane signs shall be posted on one side of the road, as determined by the fire code official.

3. Emergency evacuation routes. As adopted by the local governing body as part of the local emergency evacuation plan, fire lane signs shall be posted as designated by the fire code official, regardless of roadway width.

4. Enforcement. Fire lane restrictions established under this section shall be enforceable by both the fire code official and local law enforcement. Local law enforcement agencies are authorized to issue citations, order the removal of vehicles, and take other enforcement actions necessary to maintain fire

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apparatus access roads clear of obstructions. Vehicles parked in violation of this section may be cited and towed at the owner’s expense.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted in its entirety.”

SECTION 9. CALIFORNIA WILDLAND-URBAN INTERFACE CODE

Chapter 15.21 of Title 15 of the City of Pittsburg Municipal Code is hereby added in its entirety to read as follows:

“Chapter 15.21

CALIFORNIA WILDLAND-URBAN INTERFACE CODE

Sections:

15.21.010 Adoption.

15.21.040 Amendments.

15.21.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the Wildland-Urban Interface of the city the 2025 California Wildland-Interface Code (CWUIC), California Code of Regulations, Title 24, Part 7, and Appendices (based on the 2024 International Wildland-Urban Interface Code published by the International Code Council.)

B. One copy of the CWUIC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the

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CWUIC as set forth in this chapter. In addition, all subsequent supplements to the CWUIC and related publications are adopted by reference.

15.21.040 Amendments.

Set forth below are the local amendments, additions, and deletions to the 2025 California Wildland-Urban Interface Code. Chapter and section numbers used herein are those of the 2025 California Wildland-Urban Interface Code.

Section 1.1 – General

Section 1.1.2 is amended to read:

1.1.2 Purpose. The purpose of this code is to (1) establish minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in all Fire Hazard Severity Zones in State Responsibility Areas (SRA), and Local Responsibility Areas (LRA) designated as a Very High and High Fire Hazard Severity Zone, (2) increase the ability of buildings located in any Fire Hazard Severity Zone within State Respon sibility Areas (SRA), Local Responsibility Area (LRA), or Wildland-Urban Interface (WUI) Areas to resist the intrusion of flames or burning embers projected by a vegetation fire, and (3) contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.

SECTION 101—SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read:

101.1 Title. These regulations shall be known as the California Wildland -Urban Interface Code of Contra Costa County, the Crockett -Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereinafter referred to as “this code.”

101.3.1 Application. New buildings and structures with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this code as “applicable buildings,” as well as new buildings and structures accessory to those applicable buildings, located in any of the following:

1. All lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA).

2. Lands in Local Responsibility Area (LRA) identified by the State Fire Marshal as High or Very High Fire Hazard Severity Zone.

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3. Land designated as a High or Very -High Fire Hazard Severity Zone by cities and other local agencies.

4. Land designated as a Wildland-Urban Interface Area by cities and other local agencies.

Exceptions:

A. Group U occupancy accessory buildings of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

B. Group U occupancy agricultural buildings, as defined in Section 202 of the California Building Code of any size located at least 50 feet (15 240 mm) from an applicable building.

C. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

D. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the requirements of that section.

101.5 – Additions or alterations.

1. Additions or alterations shall be permitted to be made to any existing building or structure without requiring the existing building or structure to comply with the requirements of this code, provided that the addition or alteration conforms to all applicable requirements of this code that apply to a new building or structure.

Exceptions:

1. The existing building or structure must meet any provisions of this code that expressly apply to an existing building or structure retroactively.

2. If a substantial addition or substantial alteration is made to any existing building or structure, the existing building or structure, and the substantial addition or substantial alteration, must comply with all requirements of this code.

2. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code, nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration: (a) will cause the existing building or structure to become structurally unsafe or overloaded; (b) will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; (c) will create a fire hazard; (d) will reduce required fire resistance; or (e) will otherwise create conditions dangerous to human life.

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Section 202 (Definitions) of WUIC Chapter 2 (Definitions) is amended by adding the following two new definitions, to read:

Substantial Addition. Any change to an existing building or structure that meets both of the following criteria:
(a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and
(b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.

Substantial Alteration. Any change to an existing building or structure that meets both of the following criteria within a one-year period:
(a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the building or structure; and
(b) The removal and replacement of fifty percent or more of the area of the building or structure’s roof.

Section 508 is added to read:

Section 508 - Non-Combustible Fences in Wildland -Urban Interface Fire Areas is added to Chapter 5 (Special Building Construction Regulations), to read:

508.1 Scope. This section applies to:

1. Unless an exception applies, new residential subdivisions must satisfy the fencing requirements of Sections 508.2 and 508.3, if the subdivision meets both of the following criteria: (a) the subdivision includes 30 or more dwelling units; and (b) any portion of the subdivision is located within or abuts a designated Wildland- Urban Interface Area.

508.2 General Requirement.

All fencing regulated by this section shall be constructed of non -combustible materials, or materials approved for a minimum one-hour fire-resistance rating. For purposes of this requirement, fencing includes fence posts, rails, pickets, panels, post caps, gates, decorative features, and appurtenances.

508.3 Location.

1. If a lot or any portion of a lot is located within a Wildland -Urban Interface Area, all perimeter fencing within that lot and all fencing within 30 feet of a structure on that lot or an adjacent lot shall comply with Section 508.2.

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2. Any fencing that abuts a Wildland-Urban Interface Area shall comply with Section 508.2, even if the lot on which the fencing is located is not within a Wildland-Urban Interface Area.

3. Any fencing located within five feet of a structure on any lot must comply with Section 508.2, regardless of whether any portion of the lot is located within or adjacent to a Wildland-Urban Interface Area.

508.4 Exception. Temporary fencing for construction or erosion control is not required to comply with this Section 508, provided it is removed within 180 days of installation.

SECTION 10. GREEN BUILDING STANDARDS CODE

Chapter 15.22 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety adopted to read as follows:

“Chapter 15.22

GREEN BUILDING STANDARDS CODE

Sections:

15.22.010 Adoption.

15.22.020 Violation – Penalty.

15.22.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the green building code of the city the 20222025 California Green Building Standards Code (CGBSC), California Code of Regulations, Title 24, Part 11 (as published by the California Building Standards Commission).

B. One copy of the CGBSC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CGBSC as set forth in this chapter. In addition, all subsequent supplements to the CGBSC and related publications are adopted by reference.

15.22.020 Violation – Penalty.

SECTION 11. CALIFORNIA RESIDENTIAL CODE

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Chapter 15.26 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety adopted to read as follows:

“Chapter 15.26

CALIFORNIA RESIDENTIAL CODE

Sections:

15.26.010 Adoption.

15.26.020 Violation – Penalty.

15.26.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the residential code of the city the 20222025 California Residential Code (CRC), California Code of Regulations, Title 24, Part 2.5 (based upon the 20212024 International Residential Code as published by the International Code Council).

B. One copy of the CRC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CRC as set forth in this chapter. In addition, all subsequent supplements to the CRC and related publications are adopted by reference.

15.26.020 Violation – Penalty.

SECTION 12. CALIFORNIA MECHANICAL CODE

Chapter 15.28 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety adopted to read as follows:

“Chapter 15.28

CALIFORNIA MECHANICAL CODE

Sections:

15.28.010 Adoption.

15.28.020 Applicant qualifications – Mechanical permit.

15.28.030 Adoption, Appendix Chapter 1, Administration.

15.28.040 Amendments, additions and deletions to the mechanical code.

15.28.050 Violation – Penalty.

15.28.010 Adoption.

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A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the mechanical code of the city the 2022 2025 California Mechanical Code (CMC), California Code of Regulations, Title 24, Part 4, and Appendices (based on the 2021 2024 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials).

B. One copy of the CMC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CMC as set forth in this chapter. In addition, all subsequent supplements to the CMC and related publications are adopted by reference.

15.28.020 Applicant qualifications – Mechanical permit.

No permit shall be issued to any person to do or cause to be done any mechanical installations or related work regulated by this chapter unless such applicant qualifies under one of the following conditions:

A. Applicant possesses a valid, unexpired, and unrevoked mechanical contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or

B. Applicant is the bona fide owner of the premises, which premises consists of a single-family dwelling, duplex or single unit in a condominium complex used exclusively for living purposes, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

15.28.030 Adoption, Appendix Chapter 1, Administration.

Appendix Chapter 1, Administration, 20222025 California Building Code (Code of Regulations, Title 24, Part 2, Volume 2) is hereby adopted as the administrative chapter for the mechanical code for the city of Pittsburg.

15.28.040 Amendments, additions, and deletions to the mechanical code.

Set forth below are the local amendments, additions, and deletions to the 20222025 California Mechanical Code. Chapter and section numbers used herein are those of the 20222025 California Mechanical Code.

Appendix Chapter 1 is hereby adopted as the administrative chapter for this code.

Reference is made to the Appendix Chapter 1, Administration, of the 20222025 California Building Code, which is based on the 20212024 International Building Code as published by the International Code Conference and amended by the city of Pittsburg. Where there is a conflict between administrative requirements of each code, the administrative requirements of the building code shall prevail.

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Section 101.0, Title. The first sentence of Section 101.1 is hereby amended to read:

Section 101.1 This ordinance may be cited and shall be known as the “Mechanical Code of the City of Pittsburg.”

Section 104.5, Permit Issuance, is hereby amended to read:

Section 104.5.1 Applicant Qualifications. No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

A. Applicant possesses a valid, unexpired, and unrevoked plumbing contractor’s license issued to him/her under the applicable provisions of the Business and Professions Code of the state; or

B. Applicant is the bona fide owner of the property, which property consists of a single-family dwelling, duplex or single unit in a condominium complex used exclusively as a dwelling, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

Section 203, Definition of Terms, is hereby amended to read:

ADMINISTRATIVE AUTHORITY shall mean the City Building Official of the City of Pittsburg or his or her duly authorized representative.

“CITY OF” or “THE CITY” shall refer to the City of Pittsburg as the text may require. “CITY COUNCIL” shall refer to the City Council of the City of Pittsburg.

15.28.050 Violation – Penalty.

SECTION 13. CALIFORNIA PLUMBING CODE

Chapter 15.28 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entiretyadopted to read as follows:

“Chapter 15.32

CALIFORNIA PLUMBING CODE

Sections:

15.32.010 Adoption.

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15.32.020 Permit – Applicant qualifications – Plumbing permit.

15.32.030 Backflow prevention valve.

15.32.040 Adoption, Appendix Chapter 1, Administration.

15.32.050 Amendments, additions, and deletions to the Uniform Plumbing Code.

15.32.060 Violation – Penalty.

15.32.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the plumbing code of the city the 20222025 California Plumbing Code (CPC), California Code of Regulations, Title 24, Part 5, and Appendices (based on the 202124 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials).

B. One copy of the CPC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CPC as set forth in this chapter. In addition, all subsequent supplements to the CPC and related publications are adopted by reference.

15.32.020 Permit – Applicant qualifications – Plumbing permit.

No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

A. Applicant possesses a valid, unexpired, and unrevoked plumbing contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or

15.32.030 Backflow prevention valve.

All buildings and structures shall be protected from backflow of sewage by installing an approved type of backflow valve or device installed at the required sewer cleanout on the lower end of the building drain. The installation of this device shall be approved by the building official.

15.32.040 Adoption, Appendix Chapter 1, Administration.

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15.32.050 Amendments, additions, and deletions to the Uniform Plumbing Code.

Set forth below are the local amendments, additions, and deletions to the 20222025 California Plumbing Code. Chapter and section numbers used herein are those of the 20222025 California Plumbing Code.

Reference is made to the Appendix Chapter 1, Administration, of 20222025 California Building Code, which is based on the 20212024 International Building Code as published by the International Code Conference and amended by the city of Pittsburg. Where there is a conflict between administrative requirements of each code the administrative requirements of the building code shall prevail.

Section 101.0, Title. The first sentence of Section 101.0 is hereby amended to read:

Section 101.0, Title. This ordinance may be cited and shall be known as the “Plumbing Code of the City of Pittsburg.”

Section 103.3, Permit Issuance, is hereby amended to read as follows:

Section 103.3 Permit Issuance.

103.3.1 Applicant Qualifications. No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

C. Applicant possesses a valid, unexpired and unrevoked plumbing contractor’s license issued to him/her under the applicable provisions of the Business and Professions Code of the state; or

D. Applicant is the bona fide owner of the property, which property consists of a single- family dwelling, duplex or single unit in a condominium complex used exclusively as a dwelling, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

Section 203, Definition of Terms, is amended by adding:

ADMINISTRATIVE AUTHORITY shall mean the City Building Official of the City of Pittsburg or his or her duly authorized representative.

“CITY OF” or “THE CITY” shall refer to the City of Pittsburg as the text may require.

“CITY COUNCIL” shall refer to the City Council of the City of Pittsburg.

15.32.060 Violation – Penalty.

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SECTION 13. CALIFORNIA EXISTING BUILDING CODE

Chapter 15.60 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entiretyadopted to read as follows:

“Chapter 15.60

CALIFORNIA EXISTING BUILDING CODE

Sections:

15.60.010 Adoption.

15.60.020 Violation – Penalty.

15.60.010 – Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the existing building code of the city the 20222025 Existing Building Code (CEBC), California Code of Regulations, Title 24, Part 10 (based upon portions of the 20212024 International Existing Building Code published by the International Code Council).

B. One copy of the CEBC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CEBC as set forth in this chapter. In addition, all subsequent supplements to the CEBC and related publications are adopted by reference.

15.60.020 Violation – Penalty.

SECTION 15. CALIFORNIA ENERGY CODE

Chapter 15.64 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entiretyadopted to read as follows:

“Chapter 15.64

CALIFORNIA ENERGY CODE

Sections:

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15.64.010 Adoption.

15.64.020 Violation – Penalty.

15.64.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the energy code of the city the 20222025 California Energy Code, California Code of Regulations, Title 24, Part 10 (as published by the California Building Standards Commission).

B. One copy of the California Energy Code is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the California Energy Code as set forth in this chapter. In addition, all subsequent supplements to the California Energy Code and related publications are adopted by reference.

15.64.020 Violation – Penalty.

SECTION 16. Effective Date. This Ordinance shall become effective thirty (30) days following its passage and adoption; provided, however, that the portion of this Ordinance adopting the Fire Code with local amendments shall become effective on the later of the effective date of (a) the Board's adoption of Ordinance No. 2025-14 and Ordinance No. 2025-15 or (b) this Ordinance.

SECTION 17. SEVERABILITY

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the meaning portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsection, subdivision, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 18. PUBLICATION

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

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The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on, November 17, 2025, and was adopted and ordered published at a meeting of the City Council held on ___________, 202_, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________
Jelani Killings, Mayor
ATTEST:

_______________________
Alice E. Evenson, City Clerk

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Maria M. Aliotti - Interim City Manager

SUBJECT: Introduction and Waiving of the First Reading of an Ordinance to Amend Pittsburg Municipal Code 2.04.020 to Increase City Council Salary

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

The ordinance, if adopted, would increase the City Council salary to an amount authorized by state law, effective after the November 2026 election.

FISCAL IMPACT

If adopted, the City Council salary will be increased from $500 per month to $1,600 per month. This increase has no fiscal impact on the Fiscal Year 2025-26 budget but will be included in the subsequent budgets.

RECOMMENDATION

Introduce and Waive the first reading of an Ordinance to amend Pittsburg Municipal Code 2.04.020 to increase the City Council salary.

BACKGROUND

State law establishes the maximum salary for general law city councils and when salary adjustments may become effective. Government Code Section 36516 authorizes a city council to receive a salary based on population.

The last time the City Council salary was increased was on August 21, 1995 by

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Ordinance 95-110. At that time, it was determined that the population was between 50,000 and 75,000, and established a salary of $500 per month, commencing December 1, 1995.

On June 29, 2023, SB 329 was signed by the Governor and amended Government Code Section 36516. The legislative history indicates the reason for the amendment was because the salary for general law city councils has not been increased since 1984 and that it was believed that allowing cities to adjust compensation for inflation may help city councils become more diverse. Subsection (a) of Government Code Section 36516 was amended to read as follows:

(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) (A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

According to current State law, any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. Finally, State law also states that a change in compensation does not apply to a council member during the council member’s term of office. However, adjustment of the compensation of all members of a council serving staggered terms may be adjusted whenever one or more members of the city council

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becomes eligible for a salary increase by virtue of the council member beginning a new term of office.

SUBCOMMITTEE FINDINGS

This item was discussed in the Finance Management Subcommittee meeting on September 19, 2025.

STAFF ANALYSIS

The City’s compensation to its City Council has not been increased for three decades.

This table compares the 16 general law cities in Contra Costa County. Pittsburg has the third highest population but its City Council compensation is third lowest.

During the September subcommittee meeting, it was recommended that the City Council consider increasing the compensation for City Council members from $500 to $1,600 per month. The recommended amount recognizes that while Pittsburg, by law, may compensate up to $1,900, its population is at the lower end of the range of 75,000 to 100,000.

Any salary increase will be effective December 6, 2026, which is after the November 2026 election, the beginning of a pay period, and the elected City Council Members’ terms would commence December 7, 2026.

ATTACHMENTS: Ordinance

Report Prepared By: Melaine Venenciano, Director of City Clerk Services

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Ordinance No. 25- Page 1 of 3 November 17, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Amending Pittsburg Municipal Code Chapter) ORDINANCE NO. 25-

2.04.020 to Increase City Council Salary )

WHEREAS, State law regulates the maximum compensation for City Council Members of general law cities and when those salary adjustments become effective; and

WHEREAS, Government Code Section 36516 authorizes a city council to receive a specified salary based on population as shown by the U.S. Census or California Department of Finance; and

WHEREAS, the last time the City Council salary was increased was on August 21, 1995 by Ordinance 95-110, when the population was between 50,000 and 75,000, which established a salary of $500 per month, commencing December 1, 1995; and

WHEREAS, on June 29, 2023, SB 329 was signed by the Governor and amended Government Code Section 36516. The reason for the amendment was because the compensation schedule for general law cities has not been adjusted since 1984 and allowing cities to adjust compensation for inflation may help city councils become more diverse; and

WHEREAS, Subsection (a) of Government Code Section 36516 was amended to read as follows:

(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) (A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the

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Ordinance No. 25- Page 2 of 3 November 17, 2025

last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

WHEREAS, pursuant to State law, a change in compensation does not apply to a council member during the council member’s term of office. However, the law provides that the prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office; and

WHEREAS, staff recommends the salary increase become effective December 6, 2026, which is after the November 3, 2026 election, complying with State law.

WHEREAS, the City finds that adjusting councilmember salaries would account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows: (new language in bold italic, deleted language in strikethrough)

SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. Amendment. Chapter 2.04.020 Salaries – Designated is hereby amended to read as follows.

A. This section is enacted under Government Code Section 36516, which authorizes a city council to provide by ordinance that each member of the council may receive a salary based upon the population of the city.

B. The latest estimate of population of the city of Pittsburg exceeds 50,000. The California Department of Finance determined the population of Pittsburg is 76,374 as of 2025.

C. Under the authority of Government Code Sections 36516 and 36516.6 each member of the city council may shall receive a salary of $500.00 $1,600 per month. The salary is payable beginning December 6, 2026.

SECTION 3. Severability.

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

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Ordinance No. 25- Page 3 of 3 November 17, 2025

SECTION 4. Publication.

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

The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on November 17, 2025, and was adopted and ordered published at a meeting of the City Council held on ____________, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

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: Maria M. Aliotti - Interim City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing Execution of a Consulting Services Agreement with Sandis Civil
Engineers Surveyors Planners for Design of Project 2052- Delta De Anza Multimodal Trail Safety Improvements

MEETING DATE: November 17, 2025

EXECUTIVE SUMMARY

FISCAL IMPACT

The total compensation for the Agreement is $495,000. Funding will be provided from the current approved Project budget. No additional funds are being requested.

RECOMMENDATION

City Council adopt the Resolution authorizing the City Manager to execute the Agreement with Sandis for design of the Project for an amount not to exceed $495,000.

BACKGROUND

On July 15, 2022, the City submitted the One Bay Area Grant (OBAG 3) application for the Project and was selected through a competitive process administered by the Metropolitan Transportation Commission (MTC) to receive $4,427,000 in federal funding.

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On May 1, 2023, the City Council approved Resolution No. 23-14283 accepting the MTC OBAG 3 grant for the Project.

On June 19, 2023, the City Council approved Resolution No. 23-14318 adopting the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28 which created the Project.

On January 21, 2025, the City Council approved Resolution No. 25-14588 authorizing the City Manager to execute a Funding Agreement between the City of Pittsburg and East Bay Regional Park District (EBRPD) to accept $582,406 from EBRPD for the Project.

On March 28, 2025, staff received notification from California Department of Transportation (Caltrans) that preliminary engineering funds were approved for the Project and the E-76, Authorization to Proceed with design, was issued.

SUBCOMMITTEE FINDINGS

This item was not presented at a subcommittee meeting.

STAFF ANALYSIS

The City advertised a Request for Qualifications (RFQ) for design services for the Project and received six Statements of Qualifications (SOQs) from consulting firms. The SOQs were evaluated by staff. Based on ratings of the proposals received and a comprehensive cost proposal review and fee negotiations, staff recommends awarding the design contract to Sandis. The scope of the design services includes preparation of concept plans and conducting community outreach to identify desired improvements for enhanced trail crossings. Based on the information gathered from the outreach effort, Sandis will prepare biddable construction documents that align within the project budget.

The improvements to be considered include, but are not limited to, wayfinding signage, protected green bike lanes, rectangular rapid flashing beacons, raised/high visibility crosswalks, bulb-outs, pedestrian lighting, and upgrades to the trail’s existing pavement.

The Pittsburg Move Active Transportation Plan identified Delta De Anza Trail as a priority corridor. Improvements to the trail will help create a well-connected and attractive transportation network that will increase travel by walking or bicycling.

While the Project extends beyond Pittsburg's city limits, the City will administer the entire project and Contra Costa County will cover the match requirement (11.47%) for improvements in its jurisdiction. A Memorandum of Understanding between Pittsburg and Contra Costa County will be presented to City Council for consideration at a future City Council meeting.

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ATTACHMENTS: Resolution
Consulting Services Agreement

Report Prepared By: SM Saklaen, Senior Civil Engineer

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Resolution No. 25- Page 1 of 2 November 17, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing City Manager to Execute Consulting )
Services Agreement with Sandis Civil Engineers )
Surveyors Planners for Design of Project ) RESOLUTION NO. 25- 2052 - Delta DeAnza Multimodal Trail Safety )
Improvements )

WHEREAS, Project 2052 - Delta De Anza Multimodal Trail Safety Improvements (Project) is the construction of safety and operational enhancements to the Delta De Anza Trail (Class I) within the Pittsburg city limits and Bay Point; and

WHEREAS, on July 15, 2022, the City submitted the One Bay Area Grant (OBAG 3) application for the Project and was selected through a competitive process administered by the Metropolitan Transportation Commission (MTC) to receive $4,427,000 in federal funds; and

WHEREAS, on May 1, 2023, the City Council approved Resolution No. 23- 14283, accepting the MTC OBAG 3 grant for the Project; and

WHEREAS, on June 19, 2023, City Council approved Resolution No. 23-14318, adopting the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28 which created the Project; and

WHEREAS, on January 21, 2025, the City Council approved Resolution No. 25- 14588, authorizing the City Manager to execute a Funding Agreement between the City of Pittsburg and East Bay Regional Park District (EBRPD) to accept $582,406 from EBRPD for the Project; and

WHEREAS, on March 28, 2025, staff received notification from California Department of Transportation (Caltrans) that preliminary engineering funds were approved for the Project and the E-76, Authorization to Proceed with design, was issued; and

WHEREAS, the City advertised a Request for Qualifications for design services, a process required by Caltrans, for the Project and received and evaluated six Statements of Qualifications from consulting firms; and

WHEREAS, based on ratings of the received submittals and a comprehensive cost proposal review and fee negotiations, staff recommends awarding the design contract to Sandis Civil Engineers Surveyors Planners (Sandis).

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Resolution No. 25- Page 2 of 2 November 17, 2025

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with Sandis.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Jelani Killings, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

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Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

Page 1 of 13 ends

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND

SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS

Project 2052 - Delta De Anza Multimodal Trail Safety Improvements

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and Sandis Civil Engineers Surveyors Planners, a California corporation (“Consultant”) (together referred to as the “Parties”) as of November 18, 2025 (the “Effective Date”).

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

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

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

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. There shall be no change in Consultant’s project manager or members of the project team, as listed in the approved Cost Proposal, without prior written approval by the City’s contract administrator. 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. Consultant shall be fully responsible to City for the negligent acts and omissions of its employees, agents, or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by Consultant.

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

Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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Consulting Services Agreement between November 18, 2025 City of Pittsburg and Sandis Civil Engineers Surveyors Planners

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1.5 Federal Requirements. This Agreement is funded, in whole or in part, with federal funds. Consultant must comply with the requirements set forth in Exhibit C, Federal Requirements, which is attached hereto and incorporated herein by reference.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Four Hundred Ninety-Five Thousand Dollars ($495,000) for services to be performed and reimbursable expenses incurred under this Agreement, which is based on the Parties’ final negotiated Cost Proposal, attached hereto and incorporated herein as Exhibit B (“Cost Proposal”). This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement. (See also Section 2.2 of Exhibit C.)

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

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

Invoices shall contain the following information, unless waived by the City Manager or his or her designee:

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

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

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

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section

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

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

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

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. (See also Section 2.8 of Exhibit C.)

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 Cost 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 Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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Consultant is a sole proprietor and does not have any employees and will not have any employees during the Term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

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

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

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 provide coverage 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
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employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.

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

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

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

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

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

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

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

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

4.4 All Policies Requirements.

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

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

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

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

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

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

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

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

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

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

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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 Indemnification. 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 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.

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and 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.

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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 satisfactorily performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, except that which is expressly identified in Consultant’s approved Cost 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;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 4 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code § 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 4 years after final payment under the Agreement.

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Section 10 MISCELLANEOUS PROVISIONS.

10.1 Dispute Resolution. The Parties will attempt to resolve any disputes arising from or pertaining to this Agreement by informal negotiations, conducted in face-to-face meetings of the principal representatives of the Parties if possible. If the Parties are unable to resolve a dispute in whole or in part through informal negotiations, the Parties will seek to resolve the matters remaining in dispute through mediation with a qualified, neutral mediator that is acceptable to each party, and at a mutually agreed-upon date, time, and location. Sufficiently in advance of the mediation to allow meaningful time for review, the Parties will provide each other and the mediator any documents or information that are reasonably necessary to resolve the matter to be mediated, subject to limitations applicable to confidential and privileged documents and information. The Parties will share the cost of the mediation equally, but each party will bear its own costs to prepare for and participate in the mediation, including its own legal costs.

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

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

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

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

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

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10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

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

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

Consultant: Sandis Civil Engineers Surveyors Planners 1700 S. Winchester Blvd., Suite 200
Campbell, CA 95008
ATTN: Nate Dickinson, PE

City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

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

10.11 Integration. This Agreement, including Exhibit A (Scope of Services), Exhibit B (Cost Proposal), and Exhibit C (Federal Requirements), represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or Docusign Envelope ID: CE5FAE2F-81C0-4891-AA87-0BEBAC07CEFB

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agreements, either written or oral. To the extent there are any inconsistences between this Agreement and the Exhibits, the Agreement shall control.

Exhibit A Scope of Services
Exhibit B Cost Proposal
Exhibit C Federal Requirements

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

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

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

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

CITY OF PITTSBURG CONSULTANT: SANDIS CIVIL

ENGINEERS SURVEYORS

PLANNERS

____________________________ ______________________________ Maria M. Aliotti, Interim City Manager Nate Dickinson, PE

Date: ________________________ Date: _________________________

Approved as to Form:

____________________________
Donna Mooney, City Attorney

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Pittsburg City CouncilNovember 17, 2025

Pittsburg City Council
November 17, 2025