The 2015 UWMP also analyzed three different hydrological conditions to determine the long-term reliability of water supplies: average/normal water year, single dry water year, and multiple dry water year periods. Table 23 shows projected supply and demand through 2040 under normal years. Supply is expected to exceed demand by 65,100 AF in 2020, with the excess declining slightly to 58,800 AF in 2040. Table 24 shows projected supply and demand through 2040 under single and consecutive dry years. As shown, the CCWD projects that it can adequately meet expected demand through 2040 even if multiple consecutive years of drought occur (CCWD 2016).
Table 23 Contra Costa Water District Supply/Demand Balance Normal Year (acre feet) 2020 2025 2030 2035 2040
Supply Total 228,800 237,700 247,000 249,200 249,800
Demand Total 163,700 170,400 177,600 185,000 191,000
Difference 65,100 67,300 69,400 64,200 58,800
Source: CCWD 2016
Table 24 Contra Costa Water District Supply/Demand Balance Multiple Years of Drought (acre feet)
2020 2025 2030 2035 2040
First Year Supply Total 191,000 198,500 206,400 208,200 208,500 Demand Total 163,700 170,400 177,600 185,000 191,000
Difference 27,300 28,100 28,800 23,200 17,500
Second Year Supply Total 164,100 170,500 177,600 185,000 191,000 Demand Total 163,700 170,400 177,600 185,000 191,000
Difference 400 100 0 0 0
Third Year Supply Total 163,700 170,400 177,600 185,000 191,000 Demand Total 163,700 170,400 177,600 185,000 191,000
Difference 0 0 0 0 0
Source: CCWD 2016
To account for the potential water shortage under severe drought conditions, the CCWD has adopted a Water Shortage Contingency Plan that establishes staged mandatory water use reductions to reduce water supply from 10 percent under Stage 1, with voluntary conservation, to 50 percent under Stage 4, with emergency conservation. The plan establishes prohibited end uses of water under each water shortage stage (CCWD 2016).
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Wastewater
The CCCSD collects and disposes of Pleasant Hill wastewater, which is treated at the CCCSD Treatment Plant in Martinez. The CCCSD system serves over 500,000 residents and 3,000 businesses in Central Contra Costa County and includes over 1,500 miles of underground pipeline. The CCCSD treatment plant treats an average of approximately 34 million gallons of wastewater per day and has a treatment capacity of 54 million gallons per day and 240 million gallons per day of wet weather flow. The CCCSD does not experience any major system constraints (CCCSD 2017b).
Stormwater
The site currently drains to storm drains in the adjacent roadway on Golf Club Road, where the flow joins with the Pleasant Hill stormwater system. Stormwater runoff is collected and disposed of by an integrated system of storm drains, inlets, curbside gutters, catch basins, drainage ditches, and manmade channels. Ultimately, stormwater that enters the City’s system drains to the Suisun Bay. The City of Pleasant Hill maintenance personnel inspect, clean, and maintain over 1,500 storm drains within the City and ensure inlets and drains are clear of debris to ensure stormwater flows freely (City of Pleasant Hill 2020a).
Solid Waste
Republic Services manages all trash and recycling services in Pleasant Hill. In 2018, 25,562 tons of solid waste was generated in Pleasant Hill and disposed of at a total of 15 different facilities (CalRecycle 2019a). Of all solid waste generated, 23,690 tons (over 92 percent) was sent to the Keller Canyon Landfill in Pittsburg, California. Table 25 shows the estimated remaining capacity and anticipated closure dates at Keller Canyon Landfill (CalRecycle 2019b).
Table 25 Estimated Landfill Capacities and Closure Dates Landfill Facility
Permitted Capacity
(cubic yards)
Remaining Capacity
(cubic yards) Anticipated Closure Date
Keller Canyon 75,018,280 63,408,410 2030
Source: CalRecycle 2019b
Other Utilities
Gas and electric utilities to the project site would be provided by PG&E or MCE. Telecommunication services, including telephone and internet services, are provided by Comcast, AT&T, and Wave Broadband. Infrastructure capable of supporting gas, electric and telecommunications is present at the project site and in the project vicinity.
Regulatory Setting
State of California
CALIFORNIA GREEN BUILDING STANDARDS CODE
In January 2020, the state of California adopted CALGreen that establishes mandatory green building standards for all buildings in California. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and indoor environmental quality. These standards include a mandatory set of guidelines,
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as well as more rigorous voluntary measures, for new construction projects to achieve specific green building performance levels.
Reducing indoor water use by 20 percent
Reducing wastewater by 20 percent
Recycling and/or salvaging 50 percent of nonhazardous construction and demolition debris Providing readily accessible areas for recycling by occupant City of Pleasant Hill
PLEASANT HILL GENERAL PLAN
The Community Development and Growth Management Elements of the Pleasant Hill General Plan contain goals, policies and programs related to utility systems and service. Applicable goals, policies and programs related to utilities are repeated below (City of Pleasant Hill 2003):
Community Development Goal 11. Ensure adequacy of water supply, sewage disposal, and solid waste services.
Community Development Policy 11A. Ensure that basic services are provided to proposed development, and that the provision of those services does not jeopardize service to existing uses.
Community Development Program 11.1. Consult with water providers and the Sanitary District prior to approving development.
Community Development Program 11.2. Continue to improve on recycling efforts, with the goal of attaining the mandated 50 percent diversion rate.
Growth Management Goal 2. Ensure an efficient regional and local transportation system that will meet the needs of the overall growth within the city and the region.
Growth Management Policy 2.17. Require all new development to contribute to or participate in the improvement of park, school, fire, police, sanitary, water, and flood control services in proportion to the demand generated by development’s occupants and users.
Growth Management Policy 2.18. Approve development projects only after finding that performance standards will be maintained following project occupancy. Project-specific mitigation measures required to maintain standards will be required of the project sponsor.
CITY OF PLEASANT HILL MUNICIPAL CODE
In addition to the General Plan, the PHMC contains policies relevant to utility services. Title 13 discusses utilities, including solid waste management, and Title 15 discusses stormwater.
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Impact Analysis
a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Water
The estimated usage for project operation would be approximately 7.3 million gallons per year (Appendix AQ) or approximately 19,895 gallons per day. Table 26 provides a summary of the proposed project’s estimated water use.
Table 26 Estimated Water Use
Land Use Total (gallons/year) Total (gallons/day)
Congregate Care (Assisted Living) 1,501,150 4,113
Day-Care Center 174,545 478
Medical Office Building 2,166,700 5,936
Retirement Community 3,419,280 9,368
Source: Appendix AQ
As discussed in Section 10, Hydrology and Water Quality, and below under criterion b, CCWD has adequate water supply to serve the project. However, the project site is in a low-pressure zone as designated by CCWD. To provide adequate water pressure to the project site, CCWD would require the installation of a water pump within the senior affordable housing structure on Parcel C. The water pump would not result in significant impacts due to its installation as it would be constructed at the same time as other mechanical equipment inside the senior affordable housing structure.
Wastewater
The project’s estimated wastewater generation for the structures on Parcels A and B would be approximately 7 million gallons per year (CAPCOA 2017), or approximately 18,000 gallons per day.
The project’s estimated wastewater generation for the structure on Parcel B would be approximately 2.5 million gallons per day, or approximately 7,000 gallons per day. A summary of wastewater generation by facility is provided in Table 27. The project would be served by connection to the municipal sewer system. Wastewater would be treated by the CCCSD located in Martinez approximately 3 miles north of the project site. The CCCSD has a total treatment capacity of approximately 54 mgd and currently treats an average of 34 mgd with a remaining capacity of 20 mgd (Central San 2020). Parcels A and B’s anticipated wastewater generation would be less than 1 percent of the CCCSD’s remaining capacity5
. If the proposed structure on Parcel B would be
5 Calculation: 18,096 gallons of wastewater per day divided by 20 million gallons unused treatment capacity = 0.09 percent
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constructed, the project site would have an anticipated wastewater generation less than 1 percent of the CCCSD’s remaining capacity6
.
Table 27 Estimated Wastewater Generation
Land Use Size Generation Rate*
Total
(gallons/year)
Total
(gallons/day)
Day Care Center (Adult) 24,718 sf 42,890 gallons/1,000 sf/year 1,060,155 2,905 Retirement Community 82 du 1,000 gallons/du/year 5,342,628 14,637 Elementary School 6,969 sf 28,997 gallons/1,000 sf/year 202,080 554 Medical Office Building 2,300 sf 125,481 gallons/1,000 sf/year 208,606 572 Congregate Care 36 du 65,154 gallons/du/year 2,345,544 6,426 Total 9,159,013 25,094
Notes: sf = square feet; du= dwelling unit
* Rates from CalEEMod (Appendix AQ)
Therefore, the project would not impact the treatment capacity of existing municipal wastewater treatment providers. Impacts to wastewater treatment facilities would be less than significant.
Stormwater
The project would continue to connect to the existing storm drain system operated and maintained by the City of Pleasant Hill. The project would result in a net increase of 0.6 acre of impervious surface. However, the project would include 1.0 acre of pervious surfaces including bio-retention basins, flow through planters, and landscaping. The project would be designed and engineered with drainage features appropriate to accommodate the project’s needs. As discussed in Section 10, Hydrology and Water Quality, the project would be required to comply with City requirements, including the replacement of an existing storm drain pipe on-site and implementing design BMPs.
The replaced storm drain pipe would serve to accommodate additional stormwater runoff from the project site. Impacts would be less than significant.
Electricity, Natural Gas, and Telecommunications
As discussed in Section 6, Energy, the project would not result in the wasteful, inefficient, or unnecessary consumption of energy. In addition, the project would not require the construction of new electric power, natural gas, or telecommunications facilities because it is located in an urban area already served by those utilities and would not require additional capacity.
Therefore, the project would not result in significant environmental impacts due to the construction of new utility facilities. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
6 Calculation: 25,094 gallons of wastewater per day divided by 20 million gallons unused treatment capacity = 0.13 percent
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b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Based on the project’s estimated wastewater generation, water demand can be estimated using an industry standard assumption that water use is approximately 120 percent of wastewater generation. Therefore, the project’s gross water demand would be approximately 32,000 gallons per day (approximately 0.1 acre-feet per day), or approximately 12 million gallons per year (approximately 37 acre-feet per year). The project would slightly increase demand for water in comparison to the existing conditions. The proposed project would demand water for faucets, toilets, landscape irrigation and additional water use related to day care, residential, and small medical facility building operations.
As shown in Table 23, according to the 2015 UWMP, the water supply is expected to grow and would be enough to meet demand out to 2040 under normal year scenarios (CCWD 2016). Under normal year scenarios, the project would represent 0.01 percent of annual water demand forecasted for 2030.7 Under normal year scenarios, sufficient water supplies would be available to serve the project from existing entitlements and resources. As shown in Table 24, according to the 2015 UWMP, the water supply would be sufficient to meet demand out to 2040 under all scenarios (CCWD 2016). The project would account for less than 0.01 percent of the city’s annual water demand forecasted for 2030. Therefore, sufficient water supplies are available to serve the project from existing entitlements and resources. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
The proposed project would generate solid waste during construction and operation. Handling of debris and waste generated during construction would be subject to PHMC Chapter 14.40, which would require the applicant to develop a Waste Management Plan and permit and would also require the project to divert at least 50 percent of construction and demolition waste. The 2019 CalGreen code requires that 65 percent of construction and demolition debris be diverted.
Construction activities would generate substantial waste; however, compliance with PHMC Chapter
14.40 would aid in reaching AB 939 goals and the City of Pleasant Hill’s diversion requirement.
Therefore, the project would not impair the attainment of solid waste reduction goals.
As noted above, solid waste from the project site would be collected by Republic Services and most likely sent to Keller Canyon Landfill. According to CalEEMod default values, the project would generate approximately 430 pounds of solid waste per day (approximately 0.22 tons) or 222,716 pounds of solid waste per year (approximately 111 tons). Table 28 provides a summary of solid waste generation for the project.
7 Calculation: 37 acre-feet per year divided by 247,000 acre-feet multiplied by 100% = 0.01 percent
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Table 28 Solid Waste Generation
Use Proposed Size Solid Waste Generation Factor
Expected Generation
lbs/day lbs/year
Congregate Care (Assisted Living) 36 du 0.91 tons/du/yr 0.1 65,520 Day-Care Center 90 students 0.18 tons/student/yr 89 32,400 Medical Office Building 2,260 sf 10.8 tons/1,000sf/yr 134 48,816 Retirement Community 82 du 0.46 tons/du/yr 207 75,440
Notes: du = dwelling units; sf = square feet; lbs = pounds. Figures rounded to nearest whole number.
Source: CAPCOA 2017
Project generated waste would be less than 0.006 percent of Keller Canyon Landfill’s daily allowable waste limit of 3,500 tons per day (CalRecycle 2019b). Actual net waste generation could be lower as the current uses on the project site generate solid waste. The project would be required to comply with City and State plans and policies to reduce solid waste generation, including a requirement to divert at least 50 percent of solid waste and recyclables, as required by AB 939 and PHMC Chapter
14.40. The project’s incremental increase in solid waste would not adversely affect solid waste facilities.
LESS THAN SIGNIFICANT IMPACT
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Wildfire
Initial Study – Mitigated Negative Declaration 141
20 Wildfire
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted
emergency response plan or emergency
evacuation plan? □ □ □ ■
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks and
thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire? □ □ □ ■
c. Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that may
result in temporary or ongoing impacts to
the environment? □ □ □ ■
d. Expose people or structures to significant
risks, including downslopes or
downstream flooding or landslides, as a
result of runoff, post-fire slope instability,
or drainage changes? □ □ □ ■
Setting
The City of Pleasant Hill is not located within a fire hazard severity zone. However, west of the city limits is the Briones Regional Park. Briones Regional Park is within a high fire hazard severity zone (CAL FIRE 2007). The project site is located within an urbanized area of the City of Pleasant Hill and is surrounded by existing commercial and residential development. Furthermore, neither the project site nor the City of Pleasant Hill is identified as being within a high fire hazard severity zone (CAL FIRE 2007). The nearest high fire hazard severity zone is the Briones Regional Park, located approximately 2.9 miles west from the project site. The nearest Very High Fire Hazard Severity Zone is located approximately 6 miles west of the project site.
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Impact Analysis
a. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The project site is not in a CAL FIRE designated very high fire hazard severity zone and is located approximately 6 miles northeast of the nearest Very High Fire Hazard Severity Zone (Arc GIS 2019; CAL FIRE 2009). As such, project implementation would not impair an adopted emergency response plan or emergency evacuation plan; exacerbate wildfire risks; require the installation or maintenance of associated infrastructure that may exacerbate fire risk; or expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes in or near state responsibility areas or lands classified as very high fire severity zones. No impacts would occur.
NO IMPACT
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Initial Study – Mitigated Negative Declaration 143
21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Does the project:
a. Have the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory? □ ■ □ □
b. Have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)? □ □ ■ □
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly? □ ■ □ □
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? As discussed in Section 4, Biological Resources, the project would not substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife species population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; or reduce the number or restrict the range of a rare or endangered plant or animal with compliance with Mitigation Measure BIO-1. Biological Resources mitigation measures would reduce impacts to bird species to less than significant levels with implementation.
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As discussed in Section 5, Cultural Resources, and Section 7, Geology and Soils, no historical, archaeological, or paleontological resources were identified on site. Nevertheless, the potential for the recovery of buried cultural materials during development activities remains. Implementation of Mitigation Measure CR-1 would reduce impacts to previously undiscovered cultural resources to a less than significant level by providing a process for evaluating and, as necessary, avoiding impacts to any resources found during construction. As discussed in Section 18, Tribal Cultural Resources, the potential to discover unanticipated resources during development is a possibility. Mitigation Measure TCR-1 would provide steps to take in the event of an unanticipated discovery. With the implementation of Mitigation Measure TCR-1, impacts related to tribal cultural resources would be reduced to a less than significant level. Therefore, impacts to important examples of California history or prehistory would be less than significant with mitigations incorporated.
As noted throughout the Initial Study, most other potential environmental impacts related to the quality of environment would be less than significant or less than significant with implementation of mitigation measures.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Pursuant to CEQA Guidelines Section 15064(h)(3), cumulative impacts associated with some of the resource areas have been addressed in the individual resource sections above: Air Quality, Greenhouse Gases, Water Supply, and Solid Waste. As discussed in these sections, impacts (including cumulative impacts) would be less than significant or less than significant with mitigation incorporated in the case of air quality. Some of the other resource areas were determined to have no impact in comparison to existing conditions and therefore would not contribute to cumulative impacts, such as mineral resources and agriculture and forestry resources. As such, cumulative impacts in these issue areas would also be less than significant (not cumulatively considerable).
Other issues (e.g., aesthetics, hazards and hazardous materials) are site-specific by nature, and impacts at one location do not add to impacts at other locations or create additive impacts. The project would incrementally increase traffic compared to existing conditions. However, the project would provide necessary preschool and senior facilities to the City of Pleasant Hill. The population of seniors is expected to increase by 14 percent from 2010 to 2040 and the project (City of Pleasant Hill 2015). While the project would require a General Plan Amendment and rezone, the project would help to accommodate the expected population growth of seniors within the City of Pleasant Hill. Therefore, the project’s impacts would not be cumulatively considerable with implementation of mitigation measures.
LESS THAN SIGNIFICANT IMPACT
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c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
In general, impacts to human beings are associated with air quality, hazards and hazardous materials, and noise impacts. As discussed in Section 3, Air Quality, impacts related to architectural coatings and construction fugitive dust emissions would be reduced to less than significant levels with Mitigation Measure AQ-1. Mitigation Measure AQ-1 would require the contractor to implement fugitive dust BMPs to reduce fugitive dust emissions during project construction.
Impacts related to exposing sensitive receptors to substantial pollutant concentrations would be reduced to less than significant levels with Mitigation Measure AQ-2. Mitigation Measure AQ-2 would require Tier 4 engines and filters inside buildings to reduce sensitive receptors’ exposure to DPM. As discussed in Section 9, Hazards and Hazardous Materials, impacts related to groundwater, vapor, or soil contamination would not be significant as a result of project implementation and would not have a cumulatively considerable contribution to significant cumulative hazards impacts.
As discussed in Section 13, Noise, the project would generate significant impacts related to ambient noise or ground-borne vibration and would require implementation of Mitigation Measure AQ-2.
Mitigation Measure AQ-2 would reduce noise impacts to sensitive receptors on-site during project construction by requiring Tier 4 engines and limiting sensitive receptors’ outdoor activities during construction. Therefore, the project would not cause substantial adverse effects on human beings with mitigation implemented.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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References
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California Governor’s Office of Emergency Services (Cal OES). 2015. MyHazards database. http://myhazards.caloes.ca.gov/ (accessed June 2020).
California Native Plant Society (CNPS). Rare Plant Program. 2020. Inventory of Rare and Endangered Plants (online edition, v8-03 0.39). California Native Plant Society, Sacramento, CA. Available at: http://www.rareplants.cnps.org (accessed June 2020).
California Office of Environmental Health Hazard Assessment (OEHHA). 2015. Notice of Adoption of Air Toxics Hot Spots Program Guidance Manual for the Preparation of Health Risk Assessments 2015. Adopted March 6, 2015. https://oehha.ca.gov/air/crnr/notice-adoptionair-toxics-hot-spots-program-guidance-manual-preparation-health-risk-0 (accessed July 2015).
Central Contra Costa Sanitary District (CCSD). 2010. Collection System Master Plan Update: Final Report. Adopted May 25, 2010.
https://www.contracosta.ca.gov/DocumentCenter/View/34124/CCCSD-2010-CollectionSystem-Master-Plan-Update-PDF (accessed June 2020). ______. 2017a. Sewer System Management Plan. Revised July 26, 2019. https://www.centralsan.org/sites/main/files/file-attachments/ssmp_2017.pdf (accessed June 2020).
9.1.l
Packet Pg. 779 Attachment: Attachment K - Adopted Initial Study-Mitigated Negative Declaration (490 Golf Club Road Project) References
Initial Study – Mitigated Negative Declaration 149
______. 2017b. Comprehensive Wastewater Master Plan: Technical Executive Summary. Adopted June 2017. https://www.centralsan.org/sites/main/files/fileattachments/cwmp_technical_executive_summary.pdf (accessed June 2020). ______. 2020. Treatment Plant. https://www.centralsan.org/treatment-plant (accessed June 2020).
Contra Costa County Airport Land Use Commission (ALUC). 2020. Application Review – Choice in Aging Project; ALUC File#: AC20-0003. Letter to Jeff Olsen, City of Pleasant Hill.
September 1.
Contra Costa County Fire Protection District. 2018. Engineering and Plan Review Division. https://www.cccfpd.org/engineering-plan-review (accessed July 2020).
Contra Costa Clean Water Program (CCCWP). 2017 Stormwater C.3 Guidebook. May 2017. https://www.cccleanwater.org/userfiles/kcfinder/files/Stormwater_C3_Guidebook_7th_Edi tion_2017-05-12%281%29.pdf (accessed June 2020).
Contra Costa, County of. 2000. Buchanan Field Airport Policies. Adopted December 13, 2000. https://www.contracosta.ca.gov/DocumentCenter/View/856/Buchanan-Field-AirportPolicies?bidId= (accessed May 2020). ______. 2004. Ygnacio Valley Groundwater Basin, Bulletin 118. https://www.contracosta.ca.gov/DocumentCenter/View/34130/CDWR-2004_YgnacioValley-Bulletin-118-PDF (accessed June 2020). ______. 2005. Contra Costa County General Plan, Open Space Element. Adopted January 18, 2005. https://www.contracosta.ca.gov/DocumentCenter/View/30918/Ch8-ConservationElement?bidId= (accessed May 2020).
Contra Costa Health Services. 2020. Business Plan Program. https://cchealth.org/hazmat/businessplan/ (accessed May 2020).
Contra Costa Water District (CCWD). 2016. 2015 Urban Water Management Plan for the Contra Costa Water District. https://www.ccwater.com/DocumentCenter/View/2216/2015-UrbanWater-Management-Plan-PDF?bidId= (accessed June 2020).
Crocker, Malcolm J. Crocker (Editor). 2007. Handbook of Noise and Vibration Control Book, ISBN:
978-0-471-39599-7, Wiley-VCH, October.
Federal Emergency Management Agency. 2020. Flood Insurance Rate Map 06013C0277F. [map].
Tabular digital data and vector digital data. https://msc.fema.gov/portal/home (accessed June 2020).
Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.
September 2018. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/researchinnovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no0123_0.pdf (accessed May 2020).
HortScience |Bartlett Consulting. 2018. Preliminary Arborist Report: 490 Golf Club Road, Pleasant Hill, CA.
Intergovernmental Panel on Climate Change (IPCC). 2007. Summary for Policymakers. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.
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Packet Pg. 780 Attachment: Attachment K - Adopted Initial Study-Mitigated Negative Declaration (490 Golf Club Road Project) City of Pleasant Hill
490 Golf Club Road Project
150
Marin Clean Energy (MCE). 2019a. Press Releases. https://www.mcecleanenergy.org/news/pressreleases/two-more-cities-join-mce/ (accessed July 2020). ______. 2019bMCE 2020 Integrated Resource Plan. https://www.mcecleanenergy.org/wpcontent/uploads/2019/12/MCE-Integrated-Resource-Plan-2020_100319.pdf (accessed July 2020).
Mount Diablo Unified School District. 2020.Mt. Diablo Unified Local Control Accountability Plan 2019-2020. http://mdusd
ca.schoolloop.com/file/1516177890179/1400653419691/5224760199006136220.pdf (accessed September 2019). Pacific Gas & Electric Company (PG&E). 2019a. Company Profile. https://www.pge.com/en_US/about-pge/company-information/profile/profile.page (accessed May 2020).
Pleasant Hill, City of. 2003. City of Pleasant Hill General Plan 2003. Adopted July 21, 2003. https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/314/Current-General-Plan?bidId= (accessed May 2020).
______. 2015. City of Pleasant Hill Housing Element. Adopted April 2015. https://www.ci.pleasanthill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-ElementAugust?bidId= (accessed July 2020). ______. 2017a. General Plan Land Use Map. Amended April 17, 2017. https://www.ci.pleasanthill.ca.us/DocumentCenter/View/553/General-Plan-Map?bidId= (accessed July 2020). ______. 2017b. City Wide and Downtown Tenant Design Guidelines. Adopted 2017. https://www.ci.pleasant-hill.ca.us/138/Citywide-Downtown-Tenant-Design-Guidelin (accessed July 2020)
______. 2020a. Streets, Storm Drains, & Graffiti. https://www.ci.pleasant-hill.ca.us/170/StreetsStorm-Drains-Graffiti (accessed June 2020).
Pleasant Hill Recreation and Park District (PHRPD). 2020. Parks and Facilities. https://www.pleasanthillrec.com/31/Parks-Facilities (accessed June 2020).
San Francisco Bay Regional Water Quality Control Board (RWQCB). 2017. Water Quality Control Plan (Basin Plan). May 2017.
https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html (accessed June 2020).
United States Environmental Protection Agency (EPA). 2020. CO2e definition. https://www3.epa.gov/carbon-footprint-calculator/tool/definitions/co2e.html (accessed July 2020).
United States Fish and Wildlife Service (USFWS). 2020a. Information for Planning and Consultation.
Available at: https://ecos.fws.gov/ipac/ (accessed June 2020) ______. 2020b. Critical Habitat Portal. Available at:
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe0989 3cf75b8dbfb77 (accessed June 2020).
______. 2020c. National Wetlands Inventory (NWI). Version 2. Updated May 1, 2020. Available at:
https://www.fws.gov/wetlands/Data/Mapper.html (accessed June 2020).
United States Geological Survey (USGS). 2016. Earthquake Outlook for the San Francisco Bay Region. https://pubs.usgs.gov/fs/2016/3020/fs20163020.pdf (accessed May 2020).
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Packet Pg. 781 Attachment: Attachment K - Adopted Initial Study-Mitigated Negative Declaration (490 Golf Club Road Project) References
Initial Study – Mitigated Negative Declaration 151
______. 2018. Walnut Creek, CA. [map]. Tabular digital data and vector digital data. https://ngmdb.usgs.gov/topoview/viewer/#15/37.9759/-122.0718 (accessed May 2020). ______. 2019. U.S. Landslide Inventory and Interactive Map. [map]. Tabular digital data and vector digital data.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c904 b456c82669d (accessed May 2020).
______. 2020. National Hydrography Dataset. Available at: https://nhd.usgs.gov/data.html (accessed June 2020
University of California Museum of Paleontology. 2019. UCMP specimen search portal. [database]. http://ucmpdb.berkeley.edu/.
List of Preparers
Rincon Consultants, Inc. and Fehr & Peers prepared this IS-MND under contract to the City of Pleasant Hill. Persons involved in data gathering analysis, project management, and quality control are listed below.
RINCON CONSULTANTS, INC.
Abe Leider, AICP CEP, Principal in Charge
Darcy Kremin, AICP, Project Manager
Leslie Trejo, Assistant Project Manager
Bill Maddux, Technical Services Program Manager
Steven Treffers, MHP, Senior Architectural Historian
Christopher Duran, M.A., RPA, Senior Archaeologist
Sherri Miller, Principal, Natural Resources
Anastasia Ennis, Associate Biologist
Audrey Brown, GIS Analyst
Dario Campos, Production Specialist
FEHR & PEERS
Bill Burton, PE, Senior Associate
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Packet Pg. 782 Attachment: Attachment K - Adopted Initial Study-Mitigated Negative Declaration (490 Golf Club Road Project) City of Pleasant Hill
490 Golf Club Road Project
152
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Packet Pg. 783 Attachment: Attachment K - Adopted Initial Study-Mitigated Negative Declaration (490 Golf Club Road Project) Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program 1
Mitigation Monitoring and Reporting Program
The Initial-Study Mitigated Negative Declaration for the 490 Golf Club Road Project (project) identifies the mitigation measures that will be implemented to reduce the impacts associated with the project. The California Environmental Quality Act (CEQA) requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6[a][1]). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Initial Study-Mitigated Negative Declaration specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight.
The mitigation monitoring table lists those mitigation measures that may be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The project applicant will have the responsibility for implementing the measures, and the various City of Pleasant Hill departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures.
9.1.m
Packet Pg. 784 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road Project) City of Pleasant Hill
490 Golf Club Road Project
2 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Air Quality
AQ-1: Fugitive Dust Control Best Management Practices (BMPs) The project construction contractor(s) shall
implement the following fugitive dust control
BMPs during site preparation and grading
activities, as recommended by the BAAQMD:
All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two
times daily.
All haul trucks transporting soil, sand, or
other loose material off-site shall be
covered.
All visible mud or dirt track-out onto
adjacent public roads shall be removed
using wet power vacuum street sweepers at
least once per day. The use of dry power
sweeping is prohibited.
All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
All roadways, driveways, and sidewalks to
be paved shall be completed as soon as
possible.
Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to five
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations). Clear signage shall be provided
for construction workers at all access points.
All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer’s
specifications. All equipment shall be
checked by a certified mechanic and
Implement fugitive dust control
measures;
Water exposed surfaces two times
a day;
Cover haul trucks;
Remove mud or dirt track-out onto
adjacent public roads;
Limit speeds to 15 miles per hour;
Pave roadways, driveways and
sidewalks as soon as possible;
Minimize idling times;
Maintain construction equipment;
and
Post sign with contact information,
and respond to concerns within 48
hours.
Noted on approved
plans for any
permit issuance
and throughout
construction
Periodically
throughout
construction
City of
Pleasant Hill
Building,
Engineering,
and Planning
Divisions and
On-site
Construction
Manager
9.1.m
Packet Pg. 785 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program 3
Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
determined to be running in proper
condition prior to operation.
A publicly visible sign with the telephone
number and person to contact at the City of
Pleasant Hill regarding dust complaints shall
be posted. This person shall respond and
take corrective action within 48 hours. The
BAAQMD’s phone number shall also be
visible to ensure compliance with applicable
regulations.
AQ-2: Reduce Risk of Exposure to Sensitive Receptors
The applicant shall require all construction
equipment to be equivalent to Tier 4 final
emissions standards. By requiring all
construction equipment to meet Tier 4 Final
emissions standards DPM emissions would be
reduced by approximately 80 percent for
sensitive receptors on the project site. This
would reduce the potential cancer risk to
approximately 10.1 in a million. Therefore, the
applicant shall also install high efficiency air
filters rated MERV 13 or greater on all HVAC
associated with structures that children and
senior citizens would occupy during project
construction. In addition, all children and
seniors on the project site shall be required to
stay inside during all construction activities, to
the extent feasible. The incorporation of Tier 4
Final complaint engines and the air filtration
would reduce potential risks to approximately 2
in a million.
All construction equipment shall be
equivalent to Tier 4 final emissions
standards; High efficiency air filters
rated MERV 13 or greater shall be
installed on all HVAC associated
with structures children and
seniors would occupy; To the
extent feasible, all children and
seniors shall stay inside during
project construction.
Prior to start and
throughout
construction
Periodically
throughout
construction
City of
Pleasant Hill
Building,
Engineering,
and Planning
Divisions and
On-site
Construction
Manager
9.1.m
Packet Pg. 786 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road City of Pleasant Hill
490 Golf Club Road Project
4 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Biological Resources
BIO-1: Nesting Bird Avoidance and Minimization Efforts
Activities related to the project, including, but
not limited to, vegetation removal, ground
disturbance, and construction and demolition
shall occur outside of the bird breeding season
(February 1 through August 31) if feasible. If
construction will commence during the breeding
season, then a pre-construction nesting bird
survey shall be conducted no more than 3 days
prior to initiation of ground disturbance and
vegetation removal. The nesting bird preconstruction survey shall be conducted within the disturbance footprint and a 250-foot buffer
where access can be authorized. The survey
shall be conducted by a biologist familiar with
the identification of avian species known to
occur in Contra Costa County.
If nests are found, an avoidance buffer (which is
dependent upon the species, the proposed
work activity, and existing disturbances
associated with land uses outside of the site)
shall be determined and demarcated by the
biologist with bright orange construction
fencing, flagging, construction lathe, or other
means to mark the boundary. All construction
personnel shall be notified as to the existence of
the buffer zone and to avoid entering the buffer
zone during the nesting season. No ground
disturbing activities shall occur within this buffer
until the avian biologist has confirmed that
breeding/nesting is completed, and the young
have fledged the nest. Encroachment into the
buffer shall occur only at the discretion of the
qualified biologist.
Limit all initial ground disturbing
activities, including tree removal,
to the time period between
February 1 and August 31.
A qualified biologist shall prepare a
pre-construction surveys if initial
site disturbance cannot be
conducted during the time
specified above.
The project proponent shall record
the results of protective measures
to document compliance with
applicable state and federal laws
and CDFW requirements pertaining
to protection of native birds.
Monitor ground
disturbing activities
schedule prior to
construction.
Review preconstruction survey
no more than two
weeks prior to
construction
Review record of
protective
measures upon
notice of located
active bird nests.
Once City of
Pleasant Hill
Planning
Division and
On-Site
Construction
Manager
9.1.m
Packet Pg. 787 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program 5
Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Cultural Resources
CR-1: Unanticipated Archaeological Resources
If archaeological resources are encountered
during ground-disturbing activities, work within
50 feet of the find shall be halted and an
archaeologist meeting the Secretary of the
Interior’s Professional Qualification Standards
for archaeology (NPS 1983) shall be contacted
immediately to evaluate the find. If necessary,
the evaluation may require preparation of a
treatment plan and archaeological testing for
CRHR eligibility. If the discovery proves to be
significant under CEQA and cannot be avoided
by the project, then data recovery excavation or
other appropriate measures, as recommended
by the qualified archaeologist, the City, and if
appropriate, local Native Americans shall be
used to mitigate any significant impacts to
archeological resources.
An archaeologist meeting the
Secretary of Interior’s Professional
Qualifications Standards for
archaeology shall monitor all
groundbreaking activities within
the project site. In the event that
cultural artifacts are encountered
during project construction, all
work in the vicinity of the find will
be halted until such time as the
find is evaluated by a qualified
archaeologist and local Native
American tribes.
Review of
construction
monitoring
activities during
construction.
Periodically
throughout
construction
activities.
City of
Pleasant Hill
Building,
Engineering,
and Planning
Divisions and
On-site
Construction
Manager
Geology and Soils
GEO-1: Geotechnical Design
To provide a more uniform subgrade and reduce
the potential for damaging differential
movement of building foundations, a moisture
conditioned, well blended engineered fill layer
at least three (3) feet thick shall be provided by
the project contractor below the building and
surrounding flatwork so that all building
foundations and surrounding flatwork have a
similar expansion potential. The compacted,
engineered fill layer work shall be performed
after demolition and before building
construction. The fill layer shall be located
below building foundations and surrounding
A qualified geotechnical
professional shall monitor
earthwork operations during the
replacement of three-feet thick
engineered fill on the site.
Prior to grading
permit issuance
Once City of
Pleasant Hill
Engineering
Division
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Packet Pg. 788 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road City of Pleasant Hill
490 Golf Club Road Project
6 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
flatwork and shall extend at least 5 feet beyond
building footprints and at least 3 feet beyond
exterior flatwork. A qualified geotechnical
professional shall be onsite during overexcavation and replacement to observe and test fill placement operations. The actual depth and
lateral extent of removal and replacement shall
be determined in the field by a qualified
geotechnical professional at the time of
earthwork operations. There are several
methods to determine the extent of removal
including conducting a pressure meter test or
flat plate dilatometer test, digging test pits, and
capturing electrical resistivity imaging, among
other methods. The City Engineer shall review
and approve the work prior to grading of the
project site.
Transportation
TRA-1: Construction Traffic Management Plan
To mitigate potential impacts and disruptions
during project construction, the applicant shall
submit a Construction Traffic Management Plan
for City review and approval. The plan shall
include, but not be limited to, the following:
A prohibition on all construction truck
activity during the period 30 minutes prior
to the beginning of school and 30 minutes
after the end of the school day.
The provision of flaggers at all on-site
locations where construction trucks and
construction worker vehicles conflict with
school vehicle, bicycle, or pedestrian traffic.
Preservation of emergency vehicle access.
Identification of approved truck routes in
communication with the City with the
The project applicant shall submit a
Construction Traffic Management
Plan for approval by the City.
Construction Traffic
Management plan
approved prior to
grading and
building permit
issuance and
throughout
construction
Periodically
throughout
construction
City of
Pleasant Hill
Building,
Engineering,
and Planning
Divisions and
on-site
construction
manager
9.1.m
Packet Pg. 789 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program 7
Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
prohibition of all truck activity on the
portion of Golf Club Road west of the
project’s driveway.
Location of staging areas and the location of
construction worker parking.
Identification of the means and locations of
the separation (i.e. fencing) of construction
areas and active preschool property.
Provision of a point of contact for City of
Pleasant Hill residents to obtain
construction information, have questions
answered and convey complaints.
Identification of the traffic controls and
methods proposed during each phase of
project construction. Provision of safe and
adequate access for vehicles, transit,
bicycles, and pedestrians. Traffic controls
and methods employed during construction
shall be in accordance with City of Pleasant
Hill standards and the requirements of the
Manual of Uniform Traffic Control Devices
(FHWA, 2009 MUTCD with Revisions 1 and
2, May 2012).
Provision of notice to relevant emergency
services, thereby avoiding interference with
adopted emergency plans, emergency
vehicle access, or emergency evacuation
plans.
Maintenance of bicycle and pedestrian
access along the project’s driveway for the
duration of project construction.
9.1.m
Packet Pg. 790 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road City of Pleasant Hill
490 Golf Club Road Project
8 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
TRA-2: Pedestrian Facilities
The project shall be designed to provide a clear
ADA pedestrian path of travel from Golf Club
Road to the project site. The project design shall
incorporate a crosswalk and curb ramps
crossing the vehicle path of travel on the
southwest corner of the project site.
The project design shall
incorporate a crosswalk and curb
ramps crossing the vehicle path of
travel on the southwest corner of
the project site.
ADA Plans
approved prior to
grading or building
permit issuance
and installed prior
to any occupancy
Once City of
Pleasant Hill
Engineering
Division
TRA-3: Emergency Vehicle Access
The project shall be designed to provide a
second point of access for emergency vehicles
other than the current Golf Club Road driveway.
The applicant shall work with the Contra Costa
Fire Protection District to identify and construct
a second point of access to the project site. If a
second point of access cannot be constructed,
then the applicant shall obtain a variance from
the Contra Costa County Fire Protection District
allowing for the development’s provision of only
a single point of access prior to project
construction.
The project shall be designed to
provide a second point of access
for emergency vehicles other than
the current Golf Club Road
driveway; or obtain a variance from
the Contra Costa County Fire
Protection District, which provides
service within the City of Pleasant
Hill, allowing for the development’s
provision of only a single point of
access.
Plans approved
prior to grading or
building permit
issuance and
maintained during
construction
Once City of
Pleasant Hill
Engineering
Division;
Contra Costa
Fire Protection
District
9.1.m
Packet Pg. 791 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program 9
Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Tribal Cultural Resources
TCR-1: Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native
American origin that may be considered tribal
cultural resources are identified during
construction, all earth disturbing work within 50
feet of the find must be temporarily suspended
or redirected until an archaeologist has
evaluated the nature and significance of the find
and in consultation with the on‐site Native
American monitor. If the archaeologist and
Native American monitor determine that the
resource is a tribal cultural resource and thus
significant under CEQA, a mitigation plan shall
be prepared and implemented in accordance
with state guidelines and in consultation with
Native American groups. The plan would include
avoidance of the resource or, if avoidance of the
resource is infeasible, the plan would outline
the appropriate treatment of the resource in
coordination with the appropriate Native
American tribal representative(s).
An on-site Native American
monitor and qualified archaeologist
shall monitor all groundbreaking
activities within the project site. In
the event that tribal cultural
artifacts are encountered during
project construction, all work
within 50-feet of the find will be
halted until such time as the find is
evaluated by a qualified
archaeologist and local Native
American tribes.
If the find is determined to be
significant under CEQA, a
mitigation plan shall be prepared
and implemented.
Throughout
construction
Ongoing
during ground
disturbance
and
throughout
construction
City of
Pleasant Hill
Planning
Division and
on-site
Construction
Manager
9.1.m
Packet Pg. 792 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road City of Pleasant Hill
490 Golf Club Road Project
10 This page intentionally left blank.
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Packet Pg. 793 Attachment: Attachment L - Approved Mititation Monitoring and Reporting Program (490 Golf Club Road City of Pleasant Hill
3300 N. MAIN STREET, PLEASANT HILL, CALIFORNIA 94523 PHONE (415) 944-3270 July 31, 1989
Ms. Sarah M. Zimmerman
President
Fountainhead Montessori School
115 Estates Drive
Danville, CA 94526
Dear Ms. Zimmennan:
On July t6, 1989, the Zoning .Administrator approved Conditional Use Application No. 517-89 for a Montessori School to be located at 490 Golf Club Road with the following findings and conditions:
Findings:
1. 'lbe use is appropriate to the lot, location, and the neighborhood as access and parking are sufficient to meet their needs, it is isolated from other uses, and it complements the neuro-care rehabilitation center operation.
2. 'lbe use is innocuous as there shouid be no noise problem.
Conditions:
1. The maximum enrollment shall be for 90 children, ages 2-6 years.
2. The operation shall be between 7 a. m. and 6 .p. m. , Monday through Friday.
3. All sign shall be reviewed by the Architectural Review Commission.
4. The applicant shall comply with all requirements of the Building Deparbnent.
5. The fencing plan for the backyard play area shall be returned to Staff for review.
An appeal of the decision or conditions of the Zoning .Administrator must be filed with the City within ten days of the date of the action.
Sincerely,
fJ-ct-•v'V) (_ fvi.Cf~•~'\..--.
Dennis C. Mesick
Zoning .Administrator
DCM/bjd
9.1.n
Packet Pg. 794 Attachment: Attachment M - Zoning Administrator Approval Letter UP 517-89 (490 Golf Club Road Project) Jeff Olsen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Christine Schneider <[email protected]>
Wednesday, April 14, 2021 9:58 AM
Jeff Olsen
Dino Angelosante; Jill Suitos-Novak; Richard Broad; Mark Seedall CCWD comment letter on the Choice in Aging Project, 490 Golf Club Road, PLN 18-0445--in response to the proposed meeting on 5/6/21
Choice in Aging Project PLN 18-0445.pdf; Choice in Aging Notice-490 Golf Club Road_ 040721.pdf
Hi Jeff-CCWD is in receipt of the City's latest Notice for an Application Coordination Team Meeting, to be held on Thursday, May 6, 2021 (attached). I have reviewed this new Notice and don't see anything that would affect any of the comments that we made in or letter dated August 27, 2020 (also attached). As stated below, please let us know if there have been substantive changes since 8/27/2020 or if there are changes as a result of the comments made at this Application Coordination Team Meeting on May,. -Otherwise, our comments are still completely applicable and we will wait to hear from you on any future changes that could alter (or not alter) these comments.
Thank you, Christine
From: Christine Schneider
Sent: Wednesday, October 28, 2020 1:44 PM
To: Jeff Olsen <[email protected]>
Cc: Colleen Knutson <[email protected]>; Dino Angelosante <[email protected]> Subject: FW: CCWD comment letter on the Choice in Aging Project Hi Jeff-the Contra Costa Water District (District) is in receipt of the City of Pleasant Hill's Notice of Public Hearing for the Architectural Review Commission for this Project. While there may be changes to the proposed project as a result of this Commission Hearing, the District.does not expect to comment at this time, as nothing should have changed between the date of our comment letter (8/27/2020, see below and attached). If there have been substantive changes since 8/27/2020, please let us know. Otherwise, we will wait to hear from you on any future changes that could alter (or not) the District's comments.
Thank you, Christine
From: Christine Schneider
Sent: Thursday, August 27, 2020 4:59 PM
To: Jeff Olsen <[email protected]>
Cc: Colleen Knutson <cknutson@ __ ccwater.co(!l>; Dino Angelosante <[email protected]> Subject: CCWD comment letter on the Choice in Aging Project Hi Jeff-please see attached comment letter for the Choice in Aging Project. We have tried to be as comprehensive as possible and have solicited all comments from all of our departments here at CCWD.
However, since we don't have a copy of an updated arborist report, we can'tcomment on the three trees that are on the property line between the canal and the project site. I believe that they are OK to be removed, based on the previous arborist report. If you want to send me the new arborist report (when you get it) I'm happy to look at it.
Please let me know if you have any questions.
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Packet Pg. 795 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Thanks, Christine
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Packet Pg. 796 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project)
CONTRA COSTA
WATER DISTRICT
August27,2020
BOARD OF DIRECTORS
Lisa M. Borba, AICP
PRESIDENT
Connstance Holdaway
VlCE PRESIDENT
Erneato A. Avila, P.E.
Bette Boatmun
John A. Burgh
GENERAL MANAGER
Stephen J, Welch, P.E., S.E.
Sent via Hard Copy and Email: [email protected] Jeff Olsen, Associate Planner
Public Works and Community Development Department
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Subject: Choice in Aging Project (#PLN 18-0445)
Dear Mr. Olsen:
The Contra Costa Water District (CCWD/ District) is in receipt of the City of Pleasant Hill's request for comments related to the abovementioned project (APN # 170-082-009). The Proposed Project includes a General Plan Amendment, Specific Plan/Planned Unit Development (rezoning} proposed by Choice in Aging, and Satellite Affordable Housing Associates (SAHA), to modify a portion of the project site1s existing Semi-Public and Institutional General Plan designation to a General Plan designation of Multi-Fa-mily Residential, and a Rezoning request to change the current R-7 Single Family Residential -High Density zoning district to a PUD Planned Unit District/Specific Plan. The project also includes other permits such as a Development Plan permit, a Use Permit, an Architectural Review Permit, and a Minor Subdivision. The APN is 153-030-004.
More specifically, the applicant intends to develop the single-parcel (4-acre) project site into three legal parcels, and demolish/construct the scope of the pr~ject In seven phases:
Phase 1: Existing Choice in Learning use would temporarily relocate to another portion of the current project site to accommodate phase 2.
Phase 2: Construction of the proposed 82-unit senior housing facility (by SAHA), to include a commur:iity room and two elevators, that would consist of both three and four~story sections.
Phase 3: Construct a new preschool facility to include drop"off area and outdoor play area. Two classrooms would accommodate up to 90 children.
Phase 4: Demolish and consolidate temporary Choice in Learning and Choice in Aging spaces. After Choice in Learning is built, Choice In Aging will demolish the western portion of their existing spaces, and consolidate Choice In Aging's services to make room for the new Choice In Aging building.
Phase 5: Choice in Aging's program space will be enlarged to accommodate two shifts in the Adult Day Health Care program, a room for the mid-to-late Alzheimer's program, language-specific program
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Packet Pg. 797 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff Olsen, Associate Planner
City of Pleasant Hill
August 27, 2020
Pagel
rooms, physical and occupational therapy, etc. The new building would consist of both one and twostory sectlons. Administrative offices, conference rooms, etc. wiU be on the second floor. • Phase 6: Demolish remaining Choice in Aging building, and courtyard open space, and replace it with a fawn, gazebo, therapeutic gardens, and outdoor terraces for Choice in Aging. • Phase 7: Future medical clinic and assisted living construction. In the event of available financing, Choice in Aging will continue the planning and construction of a future medical clinic and three-story assisted living facility.
The project site is located entirely within the service boundary of the CCWD. The, District will provide treated (potable) water services to the Project (per CCWD Code of Regulations Section 5). The following are the Djstrict's comments:
1) The proposed development is at an elevation In a low pressure area, which means that it may not receive standard water pressure. Further evaluation is needed by CCWD ofthe finished floor elevations. If the pressure is below the District1s standard pressure range, the District's Board of Directors will need to approve whether or not service can be provided to this project through a Moqified Pressure Service Agreement {MPSA). Approval of a MPSA will require the private installation-and maintenance of a District approved booster pump that boosts pressure within the District's standard pressure range.
2) As stated above, there is a proposed medical clinic that is part of a future phase. AU services should have Reduced Pressure Devices installed during the first phase so that adequate backflow protection doesn't become an issue at a later date.
3) Water service may require abo~e ground backflow prevention devices, which could reduce water pressure to below standard. Proper planning ·is necessaty to ensure backflow prevention devices are located appropriately.
4) Existing water infrastructure will need to be evaluated and any modifications will need to be designed and constructed at the Developer's/Owner's expense. 5) Each premise ~o be provided domestic service will require its own service connection and meter. 6) A separate meter for landscape Irrigation may be required. 7) A separate ffre service may be required for each building or premise. 8) Relocation and/or abandonment of CCWD facilities may be required which will require a quitclaim of the existing easements. Easements for proposed facilities may also be required. 9) Relocation of public facilities must be performed by District forces.
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Packet Pg. 798 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff OlsenJ Associate Planner
City of Pleasant Hill
August 27, 2020
Page3
10) The State Water Resources Control Board (SWRCB) mandates certain separation requirements of water mains that are parallel to and/or crossing sewer and storm drains. Grading and/or utility plans should be developed to comply with all separation criteria mandated in SWRCB Section 64572.
11) The California Residential Code requires Installation of an approved automatic fire sprinkler system in all new residential structures that are submitted to the Building Department after December 31, 2010. Appropriate backflow prevention is required for all services where sprinkler systems are installed.
12) Further information and answers to a number of frequently asked questions regarding water service and District regulations can be found on the District's web site at ww«,ccwater.com.
Should you require any further clarification on the District's comments, please contact Cindy Sweeney/Engineering Department at 925-688-8014.
s~
Christine Schneider
Senior Planner
CS:ck
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Packet Pg. 799 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff Olsen
From:
Sent:
To:
Cc:
Subject:
Bradley Olazo < [email protected]>
Monday, April 19, 2021 3:54 PM
Jeff Olsen
Attachments:
Michelle Cordis; Jeff Carlton; [email protected]; [email protected] FC District Comments - 490 Golf Club Rd: Choice in Aging - Satellite Affordable Housing - Choice in Learning Project - Architectural, Development, and Use Permit FCD Comments - Notice of a City Council Public Hearing - 490 Golf Club Road; 2021-0121 - DA 89 Fee Calc.pdf
Hello Jeff,
The Contra Costa County Flood Control and Water Conservation District (FC District) has received the request for comments for the Choice in Aging - Satellite Affordable Housing - Choice in Learning Project located at 490 Golf Club Road in the city of Pleasant Hill (APN 153-030-004) and dated April 7, 2021. We have previously commented on this project on August 25, 2020, October 12, 2020, December 14, 2020, and most recently on January 21, 2021. I've attached our most recent comments for reference.
We ha\le no additional comments at this time, but we would like to note that to obtain an accurate estimate of the Drainage Area 89 fees due for this project, the-developer should submit to us a document showing the pre-project and post-project impervious surface (e.g. stormwater control plan).
Let me know if you have questions.
Thanks,
Bradley Olazo I Engineering Technician
Contra Costa County Public Works: Flood Control & Water Conservation District 255 Glacier Drive, Martinez, CA 94553
p: 925.313.2308 I e: [email protected] I ccc ublicworks.org 1 9.1.o
Packet Pg. 800 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff Olsen
From: Bradley Olazo < [email protected]>
Sent: Tuesday, August 25, 2020 9:57 AM
To: Jeff Olsen
Cc:
Subject
Michelle Cordis; Jeff Carlton; [email protected]; [email protected] FC District Comments - 490 Golf Club Rd: Choice in Aging - Satellite Affordable Housing - Choice in Learning Project
Attachments: 2020-08 DA 89 Fee Estimate.pdf
Hello Jeff,
The Contra Costa County Flood Control and Water Conservation District (FC District) has received the request for comments for the Choice in Aging - Satellite Affordable Housing - Choice in Learning Project located at 490 Golf Club Road in the city of Pleasant Hill (APN 153-030-004). We understand this project consists of subdividing the 4.04-acre parcel into 3 legal lots for the construction of an adult day healthcare, montessori preschool, senior affordable housing center, assisted living housing units, a medical clinic, and hospice. We submit the following comments for this development:
Conditions of Approval (COA):
1. Prior to the city recording the final map, the applican shall pay the Drainage Area 89 (DA 89) fees.
General Comments:
2. This project is located in DA 89 for which drainage fees are due in accordance with Flood Control Ordinance No. 2002-40. By Ordinance, all building permits or subd. i ion maps lied in this area are subject to the provisions of the drainage fee ordinance. Effective January 1, 2020, the current fee in this drainage area is $0.85 per quare foot of newly er ated impervious surface.
3. The District is not the approving local agency for this project as defined by the Subdivision Map Act. As a special district, the FC District has an independent authority to collect drainage fees that is ot restricted by the Subdivision Map Act~ The District reviews the drainage fee rate every year the ordinance is in effect, and adjusts the rate annually on January 1 to account for inflation. The drainage fee rate does not vest at the time of tentative map approval. The drainage fees due and payable will be based on the fee in effect at the time of fee collectio .
4 The DA 89 Fee for this project is estimated to be $127,705 based off the copy of the application, the project description, and the provided project plans we received on A gust 4, 2020. The project will be subdivided into 3 parcels which will each have different land uses. Based off the provided documents, Parcel A will be developed as a senior housing center with 82 units and was charged the multi-family residential SD rate for units with an average size less than 2500 sq-ft, Parcel Bis potentially planned for a medical clinic, assisted living building, and hospice, and was charged at the SD commercial rate, and Parcel C will be developed as an adult day healthcare and a Montessori preschool, and was charged the SD office-medium rate. The drainage area fee for this lot should be collected prior to filing the final map. Please refer to the attached calculation sheet for a summary of the fee estimate and the table below for the assumed land uses.
Parcel Size Land Uses Fees
IA 1y84 Adult Day Healthcare and Mortessori Pnaschoof S 61.590.32 IB 0.69 Assisted Ufino Housin.:, Units. Medical Clinic. HosO:c-e S 25.906.05 ,C 1.46 Senior Affordab?e Housing S 40.208.40 Totaf DA 89 Fee fstimate: $, 127.705
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Packet Pg. 801 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project)
5. The developer may be eligible for credit against their drainage area fees for existing impervious surface area on the property. The develo er's engineer should submit a worksheet, which includes a scalable map1 that calculates the ded ction of fees for the existing i pervious su ace and the total amount of credit requested.
6. We recommend that the City condition the developer to design and construct storm drain facilities to adequately collect and convey stormwater entering or originating within the development to the nearest adequate man-made drainage facility or natural watercourse, without diversion of the watershed.
7. The developer should be required to submit hydrology and hydraulic calculations to the City that prove the adequacy of the in-tract drainage system and the downstream drainage system. We defer review of the local drainage to the City. However, the FC District is available to provide technical review under our Fee-for-Service program.
8. The applicant should be required to comply with the current National Pollutant Discharge Elimination System (NPDES} requirements under the City Stormwater Management and Discharge Control Ordinances and the C.3 Guidebook. We support the State's goal of providing best management practices to achieve the permanent reduction or elimination of stormwater pollutants and downstream erosion from new development. The FC District is available to provide technical assistance for meeting these requirements under our Fee-for-Service program:
If you have questions, please contact me at 925-313-2308 or by e-mail at Bradle 1.0lazo .us. 1 hanks,
Bradley Olazo I Engineering Technician
Contra Costa County Public Works: Flood Control & Water Conservation District 255 Glacier Drive, Martinez, C 94553
p: 925.313.2308 I e: Bradley Olazo(aJpw cccounty.us I ccg>ublicworks.org 2 9.1.o
Packet Pg. 802 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff Olsen
From: Bradley Olazo <[email protected]>
Sent: Monday, October 12, 2020 6:05 PM
To: Jeff Olsen
Cc:
Subject:
Michelle Cordis; Jeff Carlton; [email protected]; [email protected] FCD Comments - 490 ·Golf Club Road IS/MND
Attachments:
Hi Jeff,
2020.,08 DA 89 Fee Estimate.pdf; FC District Comments - 490 Golf Club Rd: Choice in Aging - Satellite Affordable Housing - Choice in Learning Project The Contra Costa County Flood Control and Water Conservation District (FC District) has reviewed the Initial Study - Mitigated Negative Declaration (IS/MND) dated September 2020 and prepared by the City of Pleasant Hill (City) with the assistance of Rincon Consultants, Inc. for the Choice in Aging - Satellite Affordable Housing - Choice in Learning Project located at 490 Golf Club Road in the city of Pleasant Hill (APN 153-030-004). We submit the following comments:
General Comments
Comments #1 - #4 are repeat comments from the attached e-mail sent on 8/25/2020
1. This project is located within Drainage Area 89 (DA. 89), for which a drainage fee is due in accordance with Flood Control Ordinance Number 2002-40. By ordinance, all building permits or subdivision maps filed in this area are subject to the provisions of the drainage fee ordinance. Effective January 1, 2020, the current fee in this drainage area is $0.85 per square foot of newly created impervious surface. The City should collect the drainage area fee for this lot prior to filing the final map.
2. The FC District is not the approving local agency for this project as defined by the Subdivision Map Act. As a special district, the FC District has an independent authority to collect drainage fees that is not restricted by the Subdivision Map Act. The FC District reviews the drainage fee rate every year the ordinance is in effect and adjusts the rate annually on January 1 to account for inflation. The drainage fee rate does not vest at the time of tentative map approval. The drainage fees due and payable will be based on the fee in effect at the time of fee collection.
3. The DA 89 Fee for this project is estimated to be $127,705 based off the copy of the application, the project description, and the provided project plans we received on August 4, 2020. The project will be subdivided into 3 parcels which will each have different land uses. Based off the provided documents, Parcel A will be developed as a senior housing center with 82 units and was charged the multi-family residential SD rate for units with an average size less than 2500 sq-ft, Parcel Bis potentially planned for a medical clinic, assisted living building, and hospice, and was charged at the SD commercial rate, and Parcel C will be developed as an adult day healthcare and a Montessori preschool, and was charged the SD office-medium rate. The drainage area fee for this lot should be collected prior to filing the final map. Please refer to the attached calculation sheet for a summary of the fee estimate and the table.below for the assumed land uses.
Parcel Size Land Uses Fees
A t84 Adult Dsv Hea!'thcare and Moriessori Preschoo! $ 61,590.32 B 0.69 Assisted LMno Housino Units_ Medical Clinie. Hosc-;ce $ 25 906.05 C 1~46 Se.nior Affnrdabte Housing s 40.208.40 .
Total DA 89 Fee Estimate: $ 127.706
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Packet Pg. 803 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project)
4. The developer may be eligible for credit against their drainage area fees for existing impervious surface area on the property. The developer's engineer should submit a worksheet, which includes a scalable map, that calculates the deduction of fees for the existing impervious surface and the total amount of credit requested.
Comments on the 15/MND
Our review of the document focused on the Hydrology section and Utilities section. Our comments pertaining to those specific sections are below:
5. The Hydrology Section (Page 87-88) notes that onsite bioretention basins and other low impact development strategies will be used to mitigate the increased stormwater flows resulting from this project, and would ensure that post project flows would not exceed the existing conditions. If the applicant has submitted hydrology calculations to the City that demonstrates the amount of runoff that would be generated by the project would not exceed the pre-project conditions, we recommend that be referenced or cited in the document.
Please note that the FC District does not recommend the use of bioretention areas sized to meet Contra Costa Clean Water Program C.3 requirements for mitigating peak flows. We recommend that onsite detention of the project's flows be mitigated without accounting for storage within the bioretention basins.
6. The Utilities Section (Page 141) notes that the project drains offsite into existing drainage facilities on Golf Club Road. If there was a hydrology and hydraulics study done that verifies the adequacy of the in-tract drainage system and the downstream drainage system, we recommend that be referenced or cited in the document.
We appreciate the opportunity to comment on developments within the City and welcome continued coordination. If you have any questions, please contact me.
Thanks,
Bradley Olazo I Engineering Technician
Contra Costa County Public Works: Flood Control & Water Conservation District 255 Glacier Drive, Martinez, CA 94553
p: 925.313.2308 I e: [email protected] I cccpublicworks.org 2 9.1.o
Packet Pg. 804 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Jeff Olsen
From:
Sent:
To:
Cc:
Don Avelar <[email protected]>
Thursday, April 29, 2021 6:12 AM
Jeff Olsen
Rashida Kamara; Melody Reebs
Subject: #PLN 18-0445 Choice in Aging-Satellite Affordable Housing-Choice in learning Project Good morning Jeff,
Sorry for the late response, Due to Covid, been mostly working from home .
The only comment I have is our Paratransit does provide service to this site.
Question: Is there a designated area for Paratransit drop off and pick up? Don
Don Avelar
Chief Service Scheduler
Phone; 925-680-2085
Mobile: 925--250-8395
Email: [email protected]
2477 Arnold Industrial Way
Concord. Ca 94520
www.cccta.org
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Packet Pg. 805 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Contra·Costa County
May 6, 2021
Mr. Olsen
Public Works and Community Development Dept.
City of Pleasant HHI
100 Gregory Ln.
Pleasant Hill. CA 94523
Fire Protection District
Subject: Choice in Aging, Choice in Learning and Satellite Affordable Housing 490 GoH Club Rd. Pleasant Hill
Project # PLN 18-0445
CCCFPD Project No.: P-2020-03730
Dear Mr. Olsen.
We have reviewed the land use permit application to demolish an existing building complex in phases and construct in phase 1, a 6,969 square foot, single story, type V-8 construction, 1-4 facility, a 24,718 square foot, 2 story. type V-B construction. 1-4 facility, and a 68,528 square foot. 4 story, type V-A construction, R-2 affordable senior housing with 82 units.
Phase 2 ~ constn,Jction is a 2,260 square foot, single story clinic and a 24,300 square foot, 3 story, unknown type construction, R-2.1 occupancy assisted living facility with an unknown number of units.
It appears that the 4 story, type V-A, 68,528 square foot R-2 affordable senior housing may not comply with the CBC Table 506.2.
Modifications to the buildings will require Tenant Improvement plans to be submitted and approved by the Fire District
The following Is required for Fire District approval In accordance with the 2019 California Fire Code (CFC). the 2019 California Building Code (CBC), the 2019 California Residential Code (CRC), and Local and County Ordinances and adopted standards:
1. Access shall comply with Fire Qistrict requirements.
If the R-2 constructed during phase 2 of construction contains more than 18 dwelling units (for a total of more than 100 units on the site) a second access point shall be required before phase 2 construction begins. (CFC §D106.1, 503.2.2).
Provide e~ergency apparatus access roadways with all-weather (paved) driving surfaces of not less than 20-feet unobstructed width. and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access shall have a minimum outside turning radius of 45 feet, and must be capable of supporting the imposed fire apparatus loading· of 37 tons. Acc&ss roadways shall not exceed 20% grade. Grades exceeding 16% shall be constructed of grooved concrete per the attached Fire District standard. (503) CFC 4005 Port Chicago Highway,~-# 250 • Concord, California 94520 • Telephone (925) 941-3300 • Fax (925) 941-3309 www.cccfpd.org
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Packet Pg. 806 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) Buildings that meet the foUowing criteria shall comply with Aerial Fire Apparatus Access.
Aerial Fire Apparatus Access is required where the vertical distance between grade plane and the highest roof surface exceeds 30 feet as measured in accordance with Appendix D, Section 105 of the 2019 CFC. Aerial access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the Immediate vicinity of the building or portion thereof. At least one of the required routes shall be located within ·a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. Overhead utility and power lines shall not be located over the ~erial fire apparatus access road or between the aerial fire apparatus roa~ and building.
A construction traffic management plan will be required to ensure that the occupied buildings traffic and construction traffic do not impede Fire Department Access.
2. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC
Access roadways of 28 feet or greater, but less than 36-feet unobstructed width shall have NO PARKING - FIRE LANE signs po~ted, allowing for par~ing on one side only or curbs painted red with the words NO PARKING-FIRE LANE clearly marked. (22500.1) eve, (503.3) CFC
3. Provide emergency escape and rescue openings in Group R o~upancies of type V construction. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening. Such openings shall open directly into a public way or to a yard or court that opens to a public way.
Landscaping, signage and other obstructions must not hinder the positioning of firefighting ground ladders from apparatus access to the rescue windows.
4. New buildings shall have approved radio coverage for emergency responders. An emergency responder radio coverage system shall be installed when the conditions of CFC 510.4.1 are not met. Testing shall be conducted and the results submitted to the Fire · District prior to the building final. (510.1) CFC
5. Access gates for Fire District apparatus shall be a minimum of 20-feet wide. Access gates shall slide horizontally or swing inward and shall be located a minimum of 30 feet from the street. Electrically operated gates s~II be equipped with a Knox Company key-operated switch. Manually operated gates shall be equipped with an approved Fire District lock.
Contact the Fire District for information on ordering the key-operated switch. (D103.f>) CFC.
6. The developer shall provide an adequate and reliab1e water supply for fire protection with a minimum fire flow of 2375 GPM. Required flow must be delivered from not more than 3 hydrants flowing simultaneously for a duration of 120 minutes while maintaining 20-pounds residual pressure in the main. (507.1), (B105) CFC
7. The developer shall provide hydrants of the East Bay type in compliance with Chapter 5 and Appendix B and C of the California Fire Code. (C103.1) CFC
8. A land development permit is required for access and water supply review and approval prior to submitting building construction plans. '-
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Packet Pg. 807 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) The developer shall submit a minimum of two (2) copies of full size, scaled site improvement plans indicating:
All existing or proposed hydrant locations,
Fire apparatus access,
Aerial fire apparatus access,
A construction traffic management plan
Elevations of building,
Size of building and type of construction,
Striping and signage plan
Provide drawings for paths from the public way to under emergency escape and rescue openings showing a proposed clear path and clear space under these openings that allow for the placement of ground ladders at a climbing angle of 70 to 75 degrees and a minimum of 18"' clearance from the base of the ladder to any obstruction ($ee attached ground ladder access ~tandard).
This Is a separate submittal from the bui/dlna. c:onstructlon. plans. These plans shall be approved prio;to submitting building plans for review. (501.3) CFC
9. Emergency apparatus access roadways and hydrants shall be Installed, in service, and inspected by the Fire District prior to construction or combustible storage on site. (501.4) CFC
Note: A temporary aggregate base or asphalt grinding_s roadway is not considered an all-weather surface for emergency apparatus access. The first lift of asphalt concrete paving shall be installed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 37 tons.
10. The developer shall provide traffic signal pre-emption systems (Opticom) on any new or modified traffic signals Installed with this development. (21351) eve ·
11. 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
12. The owner or the owner's authorized agent shall be responsible for the development, implementation and maintenance of a written plan establishing a fite prevention program at the project site applicable throughout all phases of the co_nstruction. The plan shall be made available for review by the fire code official upon request. (Ch.33) CFC
13. The fire prevention program superintendent shall develop and maintain an approved prefire plan in cooperation with the fire chief. The fire chief and fire code official shall be notffied of changes affecting the utilization of information contained in such prefire plans. (Ch.33} CFC
14. The developer shall submit a minimum of two (2) complete sets of building construction plans and specifications of the subject project, including pl'ans for any of the following required deferred submittats, to the Fir~ District for review and approval prior to construction 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
• Private underground fire service water mains
• Fire sprinklers
e Fire pump if applicable
• Standpipe
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Packet Pg. 808 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project) • Fire alarm
• Carbon Dioxide Systems
• Energy System for generator if applicable
• Commercial kitchen hood extinguishing systems
• Emergency Responder Radio Coverage System {ERRCS)
Our preliminary review comments shall not be construed to encompass the complete project.
Additional plans and specifications may be required after further review.
If you have any questions regarding this matter, please contact this office at (925) 941-3300.
Sincerely,
1 L/ 1~5)!_
Todd Schiess
Fire Inspector I
cc: Choice in Aging
490 Golf Club Rd.
Pleasant Hill, CA 94523
[email protected]
Satellite Affordable Housing Associates
1835 Alcatraz Ave.
Berkeley, CA 94703
[email protected]
File: 490 GOLF CLUB RD-PLN-P-2020..03730-REV1
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Packet Pg. 809 Attachment: Attachment N - Comments from Outside Agencies (490 Golf Club Road Project)
CITY OF PLEASANT HILL
NOTICE OF PUBLIC HEARING
** MEETING TO BE HELD VIA TELECONFERENCE **
CITY COUNCIL
490 GOLF CLUB ROAD PROJECT
ARCIDTECTURAL REVIEW PERMIT, DEVELOPMENT PLAN PERMIT,
USE PERMIT AND MINOR SUBDMSION PLN 21-0294
490 GOLF CLUB ROAD
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council (CC) will conduct a public hearing on a proposed Architectural Review Permit, Development Plan Permit, Use Permit and Minor Subdivision PLN 21-0294 submitted by the applicants (Choice In Aging/Choice In Leaming and Satellite Affordable Housing Association). More specifically, the applicant intends to subdivide the single-parcel site into three legal parcels, and demolish/re-construct the scope of the project in seven phases. The design components of the proposed Architectural Review Permit are consistent with the recently approved PUD Concept/Specific Plan and includes site improvements such as new landscape, tree preservation where applicable, parking, site lighting, and retention basin areas. The proposed Architectural Review Permit and Development Plan Permit indicate that a total of 127 on-site parking spaces would be provided (collectively) for all three proposed parcels. Secondly, the Use Permit request includes relocation and expansion of the existing Choice in Aging ( adult day care facility) and Choice in Leaming (Montessori pre-school facility- day care, general) uses on the site. Lastly, the proposed project includes the construction of a new 82-unit ( 4-story) affordable senior housing project that would have a resulting proposed density of approximately 73 dwelling units per net acre. On November 18, 2021, the Architectural Review Commission made a recommendation to approve the Architectural Review Permit to the PC and on December 14, 2021, the Planning Commission made a recommendation to approve the project to the CC. As a result, the CC is being requested to consider the ARC and PC's recommendation to approve the proposed Architectural Review Permit, Development Plan Permit, Use Permit and Minor Subdivision.
The four acre project site ( consisting of one legal parcel) is located on the north side of Golf Club Road at 490 Golf Club Road; Assessor Parcel Number 153-030-004; currently zoned PUD Planned Unit Development District- Ordinance No. 942.
The City previously adopted a Draft Initial Study/Negative Declaration and Mitigation Monitoring and Reporting Program, consisting of nine mitigation measures for the project when the initial approval of the General Plan Amendment and PUD Rezoning occurred for the proposed project.
Please note that pursuant to City Council Resolution No. 63-21, options for observing the City Council meeting and for participating in public comment regarding the meetings have changed. The City Council will participate remotely via teleconferencing.
THE PUBLIC HEARING will be held by the City Council starting at 7:00 p.m. on Monday, January 24, 2022, via Teleconferencing. More information on how to participate, including providing live comments during the meeting will be provided on the posted City Council Agenda.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing. All interested parties are invited to participate in the hearing and provide comments on the proposed project.
For information on this matter, please call or email Jeff Olsen, Associate Planner at (925) 671-5206 or jolsenG pleasanthillca.org
Troy Fujimoto
Zoning Administrator
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Packet Pg. 810 Attachment: Attachment O - Public Hearing Notice (490 Golf Club Road Project)
CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___ AMENDING CHAPTER 9.45 OF THE PLEASANT HILL MUNICIPAL
CODE TO PROHIBIT THE SALE OF FLAVORED TOBACCO
PRODUCTS AND ELECTRONIC SMOKING DEVICES
SYNOPSIS
On December 20, 2021, the City Council considered the introduction of an ordinance amending Pleasant Hill Municipal Code Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) to prohibit the sale of flavored tobacco products and electronic smoking devices. After conducting a public hearing, the City Council directed staff to bring back the proposed ordinance for consideration at a subsequent meeting with the following modifications:
Add exemptions for pipe tobacco and cigars;
Clarify the definition of flavored tobacco products.
The City Council also requested a presentation from the Police Department on flavored tobacco products and electronic smoking devices and directed staff to conduct community business outreach prior to re-introducing the ordinance.
The proposed ordinance with the requested modifications is presented for City Council consideration and adoption.
DISCUSSION
The proposed ordinance, which amends Chapter 9.45 of the Pleasant Hill Municipal Code, would make the following changes:
Amend Sections 9.45.030 (“Definitions”), 9.45.050 (“Smoking prohibition”), 9.45.100 (“Vending machines”), Section 9.45.110 (“Distribution of free samples and coupons), and Section 9.45.120 (“Out-of-package sales”) of Article I (“Regulation of Smoking”)
o Amendments to these sections are intended to provide internally consistent definitions between the City’s general smoking regulations and the proposed flavored tobacco and electronic smoking device regulations. These amendments
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include the deletion of the term “electronic smoking device retailer” as well as references to “electronic smoking device retailer” and “electronic smoking device paraphernalia,” which would no longer be applicable in light of the proposed provisions prohibiting the sale of flavored tobacco products and electronic smoking devices in the City.
o Further clarifying changes are made to the definition of “characterizing flavor,” which is defined to mean a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.
Amend Article II (“Restricting the Advertising and Promotion of Tobacco Products, Electronic Smoking Devices and Electronic Smoking Device Paraphernalia to Minors”)
o Modifies and adds definitions to this article and removes references to “electronic smoking devices” and “electronic smoking device paraphernalia” to provide consistency between the City’s restrictions on advertising and promotion of tobacco products and the proposed provisions prohibiting the sale of flavored tobacco products and electronic smoking devices in the City. Amend Sections 9.45.300 (“Retailer license requirement – Generally”), 9.45.310 (“Retailer license – Application procedure”), 9.45.340 (“Retailer license – Display”), and Section 9.45.360 (“Retailer license – Suspension”) of Article III (“Retail Licenses”)
o Amendments to these sections would limit current retail license requirements to the sale or offer for sale of tobacco products. Clarifies that a retailer’s license may be suspended if the chief of police finds that the licensee or his or her employee has violated any law regulating the sale or distribution of tobacco products, electronic smoking devices or electronic smoking paraphernalia. Add Article IV “Sales of Flavored Tobacco Products and Sales of Electronic Smoking Devices Prohibited”
o This new article to Chapter 9.45 of the Pleasant Hill Municipal Code would:
Ban the sale of flavored tobacco products (e.g., menthol generally and flavors connected with non-cigarette tobacco products such as smokeless tobacco and e-cigarettes). Per Council direction, the proposed ordinance includes an exemption for loose leaf tobacco and cigars. The definition of “loose leaf tobacco,” which tracks the language of state law (see Senate Bill 793), is cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including rollyour-own cigarettes.
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Ban the sale of all electronic smoking devices (e.g., electronic pipe, electronic hookah, or vape pen), including any component, part, or accessory of the electronic smoking device, regardless of nicotine content or flavor of the substance.
Exempt tobacco products approved by the FDA as a tobacco cessation product or for other therapeutic purposes.
Provide an exception for “adult-only” hookah tobacco businesses with valid retailer’s licenses obtained from the City.
The proposed ordinance also contains a six-month enforcement delay in order to provide adequate time to encourage retailers to voluntarily comply with the new restrictions.
FISCAL IMPACT
Negligible. There may be some additional costs associated with enforcement of the new provisions. However, it is anticipated that existing police and/or code enforcement staff could absorb the additional work.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
At the Council’s direction, in January 2022, staff began an outreach process to local retailers on potential flavored tobacco and electronic smoking device regulations. Staff identified the four businesses in the City that sell exclusively or predominantly tobacco and/or vaping products, and contacted each of those businesses by phone and email. Staff informed these retailers of the City’s proposed vaping ordinance, shared the date and time of the January 24th City Council meeting, and answered their questions about the proposed ordinance.
RECOMMENDED CITY COUNCIL ACTION
Introduce by title only, waive further reading, and approve first reading of proposed ordinance amending Pleasant Hill Municipal Code Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) to prohibit the sale of flavored tobacco products and electronic smoking devices.
ALTERNATIVES TO RECOMMENDED ACTION
1. Introduce the proposed ordinance with modifications.
2. Provide further direction to staff regarding the proposed ordinance and continue consideration to a subsequent City Council meeting.
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3. Do not introduce the proposed ordinance.
ATTACHMENT(S):
Proposed Ordinance – Redline
Prepared by: Janet E. Coleson, City Attorney
Approved by: June Catalano, City Manager
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1 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PLEASANT HILL AMENDING
CHAPTER 9.45 (“TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES”)
OF THE PLEASANT HILL MUNICIPAL CODE TO PROHIBIT THE SALE OF FLAVORED
TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES
WHEREAS, the U.S. Center for Disease Control and Prevention estimates that approximately 480,000 people die each year in the United States due to smoking, and more than 16 million people are living with disease caused by smoking;1and WHEREAS e-cigarette use among youth in the United States has skyrocketed to what the U.S. Surgeon General and the U.S. Food and Drug Administration (“FDA”) have called “epidemic” levels; and
WHEREAS, studies have shown that electronic smoking devices contain high levels of toxic chemicals; and
WHEREAS, the U.S. Surgeon General has reported a more than a 900% increase in the use of electronic smoking devices among middle school and high school students between 2011 and 2015;
2 and
WHEREAS, federal data shows that e-cigarette use among middle and high school students more than doubled from 2017 to 2019, with five million youths reportedly having used e-cigarettes in 2019; and
WHEREAS, state data shows that one in eight California high school students currently use tobacco products, with the most used product among all students being electronic smoking devices and flavored tobacco products; and
WHEREAS, electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products; and WHEREAS, the liquid nicotine solutions consumed in electronic smoking devices are marketed in a variety of flavors that appeal to youth including cotton candy, bubble gum, and fruit; and
WHEREAS, the FDA and the U.S. Surgeon General have stated that flavored tobacco products in electronic smoking devices help establish smoking habits in youth that can lead to long-term addiction;3and
1 U.S. Department of Health and Human Services. “The Health Consequences of Smoking—50 Years of Progress. A Report of the Surgeon General” (2014). https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf 2 Office of the Surgeon General. “Surgeon General’s Advisory on E-cigarette Use Among Youth” (2018). https://ecigarettes.surgeongeneral.gov/documents/surgeon-generals-advisory-on-e-cigarette-use-among-youth-2018.pdf 3 Id.
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Packet Pg. 815 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 2 WHEREAS, traditional tobacco products including cigarettes, cigarillos, and chewing tobacco are also sold in flavors (such as menthol and wintergreen) that appeal to young people, with data from the National Youth Tobacco survey indicating that over two-fifths of U.S. middle school and high school smokers report using flavored cigarillos or flavored cigarettes; and WHEREAS, the smoking of tobacco and the use of electronic cigarettes are forms of air pollution and area danger to public health as well as a material public nuisance; and WHEREAS, a local prohibition against the sale of flavored tobacco products and against the sale of all electronic smoking devices is an effective means to reduce the availability of these products to youth, thereby protecting the public health by discouraging tobacco initiation and continued use; and
WHEREAS, the federal Family Smoking Prevention Tobacco Control Act, enacted in 2009, prohibited candy and fruit-flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely to have tried these products than older smokers; and
WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority; and WHEREAS, State law contains various tobacco control laws including: the prohibition against the sale or furnishing of tobacco products and smoking paraphernalia to minors (Cal. Pen.
Code, § 308); the sale or furnishing of electronic smoking devices to minors (Cal. Health & Safety Code, § 119405); and the sale of loose or single cigarettes; and WHEREAS, State law requires tobacco retailers check the identification of tobacco purchasers who appear to be under 21 years of age (Cal. Bus. & Prof. Code, § 22956); and WHEREAS, State law prohibits the sale or distribution of free or nominal-cost cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such products) on public grounds or on private grounds that are open to the public (Cal. Health & Safety Code, § 118950); and
WHEREAS, most recently in August 2020, the California Legislature passed and Governor Newsom signed into law Senate Bill 793 (SB 793), a broad legislation prohibiting the sale of most flavored tobacco products (codified at Cal. Health & Safety Code, § 104559.5); and WHEREAS, Section 104559.5(g) also specifically allows adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by state law, and provides that a stricter local ordinance shall govern in the case of any inconsistency between the local ordinance and state law; and
WHEREAS, while SB 793 has been placed on the November 8, 2022 ballot through a qualifying referendum, municipalities continue to retain the authority to adopt local ordinances restricting the sale of flavored tobacco and/or electronic cigarettes; and
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Packet Pg. 816 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 3 WHEREAS, federal law also expressly grantsstate and local governments the right to enact measures that are more restrictive than those in the federal law; 4 and
WHEREAS, despite local, state, and federal efforts to limit youth access to tobacco, flavored tobacco products and electronic smoking devices, minors are still able to access these products; and
WHEREAS, the failure of retailers to comply with tobacco control laws and other smoking laws, particularly laws prohibiting sale to minors, presents an imminent threat to the public health, safety, and welfare of the residents of Pleasant Hill; and WHEREAS, flavored tobacco products, including liquid solutions for electronic smoking devices and traditional flavored products, are commonly sold to young people by California retailers. For example, statewide, California retailers violate the federal prohibition against underage tobacco sales at a rate of 19.1%.5 Convenience stores have a violation rate of 25.3%, while small markets have a rate of 24.8%;
6 and
WHEREAS, the accessibility of these products in retailers such as vape shops, pharmacies, and convenience stores, and lower costs of some of the products relative to conventional cigarettes made possible by social media promotion from retailers and coupons, discounts, and other promotional materials make these products more easily available to youth; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City of Pleasant Hill has a substantial interest in promoting compliance with federal, state, and local laws prohibiting the sale or furnishing tobacco products and electronic cigarette products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through adult misconduct; and
WHEREAS, in 2019, Contra Costa County adopted Ordinance No. 2019-34 prohibiting, in unincorporated county areas, the sale of (1) any e-liquid or electronic smoking device that is required to obtain, but has not yet obtained, a premarket review order from the FDA pursuant to the federal Family Smoking Prevention and Tobacco Control Act, and (2) any flavored tobacco product or menthol cigarette; and
WHEREAS, in January 2020, the Governing Board of the Mt. Diablo Unified School District adopted Resolution No. 19/20-32 opposing the use and sale of e-cigarettes and electronic vaping devices, agreeing to adopt district policies and take other actions to prohibit such devices, and urging cities within the school district to prohibit the sale, manufacture, and distribution of
4 21 U.S.C. § 387p(a)(1) (2009).
5 California Department of Public Health, California Tobacco Control Program. “California Tobacco Facts and Figures 2019” (2019).
6 Id.
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Packet Pg. 817 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 4 flavored tobacco products and electronic vaping devices due to the harmful impacts on public health including on both youth and adult smokers; and
WHEREAS, the City seeks to ensure compliance with state laws relating to tobacco retailing and discourage violations of tobacco-related laws, particularly those that prohibit the sale or distribution of smoking and tobacco products to minors; and WHEREAS, based upon the recitals above, the City Council finds that the proposed amendments to Pleasant Hill Municipal Code Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) are necessary for the protection of the public health, safety, and welfare.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. Section 9.45.030 (“Definitions”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended by revising the definition of “electronic smoking device” as shown in underline/strike-through as follows:
Electronic smoking device means any electronic and/or battery-operated device or delivery system, the use of which may resemble traditional smoking and that can be used to deliver to a person in aerosolized or vaporized form, nicotine, tetrahydrocannabinol, or any other cannabinoid, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vape pen. an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. The term Electronic smoking device includes any component, part, or accessory of such a device, including but not limited to a cartridge, that is used during the operation of the device. such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor.
Section 2. Section 9.45.030 (“Definitions”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended by revising the definition of “smoking” as shown in underline/strike-through as follows:
Smoking means engaging in an act that generates smoke, such as, for example: inhaling, exhaling, burning, igniting, operating, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation. the carrying, holding or operating of a lighted or heated pipe, cigar, cigarette, electronic smoking device, or any other kind of smoking or vaporizing equipment. Smoking also means the lighting, operating, emitting, or exhaling of the smoke, fumes or vapor of a pipe, cigar, cigarette, electronic smoking device, or other kind of smoking or vaporizing equipment.
Section 3. Section 9.45.030 (“Definitions”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended by revising the definition of “tobacco product” as shown in underline/strike-through as follows:
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Packet Pg. 818 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 5 Tobacco product means:
1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and.
2. Notwithstanding any provision of subsection (1) of this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. Any electronic smoking device that contains nicotine or can be used to deliver nicotine in aerosolized or vaporized form.
3. Any component, part, or accessory of a tobacco product, whether or not it is sold separately.
4. Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.
Section 4. Section 9.45.030 (“Definitions”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended by deleting the definition of “electronic smoking device retailer” as shown in strike-through as follows:
Electronic smoking device retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration electronic smoking devices and/or electronic smoking device paraphernalia. Electronic smoking device retailing shall mean the doing of any of these things. This definition is without regard to the quantity of electronic smoking devices and/or electronic smoking device paraphernalia sold, offered for sale, exchanged, or offered for exchange.
Section 5. Section 9.45.030 (“Definitions”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended to include the following definitions, but shall remain otherwise unchanged:
Adult means an individual twenty-one years of age or older.
Adult only business means any retailer or business that allows entry only by adults onto the entire premises of the business or retailer, or that require minors to be accompanied by a parent, guardian, or another adult in order to enter the entire premises of the business or the retailer. Adult only business does not include any retailer or business that only prohibits minors from entering certain sections, divisions, or a part of the premises that is marked or
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Packet Pg. 819 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 6 otherwise restricted as adult only and allows minors to otherwise enter the remainder of its premises unaccompanied by a parent, guardian or another adult.
Characterizing flavor means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product, that is perceivable by an ordinary consumer by either the sense of taste or smell, other than the taste or aroma of tobacco. Characterizing flavor includinges, but is not limited to, a tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
Cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
Constituent means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
Consumer means a person who purchases a tobacco product for consumption and not for sale to another.
Distinguishable means perceivable by an ordinary consumer by either the sense of smell or taste.
E-liquid means any substance that is intended to be consumed in aerosolized or vaporized form using an electronic smoking device, regardless of the nicotine content of the substance.
Flavored tobacco product means any tobacco product that contains a constituent that imparts a characterizing flavor. Menthol cigarettes are included in the definition of a flavored tobacco product for the purposes of this chapter. A tobacco product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored tobacco product.
Hookah means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
Hookah tobacco business means a tobacco retailer, a smoking lounge or bar that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories, or the serving of those products and accessories for onsite smoking.
Labeling means written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging.
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Packet Pg. 820 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 7 Loose leaf tobacco consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
Little cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. Little cigar includes, but is not limited to, any tobacco product known or labeled as “small cigar” or “little cigar.”
Menthol cigarettes means cigarettes as defined by federal law that have a characterizing flavor of menthol, mint, or wintergreen, including cigarettes advertised, labeled, or described by the manufacturer as possessing a menthol characterizing flavor.
Package or packaging means a pack, box, carton, or container of any kind, or any wrapping, in which a tobacco product is sold or offered for sale to a consumer.
Person means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
Shisha tobacco product means a tobacco product smoked or intended to be smoked in a hookah. Shisha tobacco product includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. Shisha tobacco product does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, marijuana, or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. Smoke includes, but is not limited to, tobacco and marijuana smoke and gases, particles, e-liquids, and vapors from electronic smoking devices as defined in this chapter. Any vapor produced during vaporization of marijuana for medical purposes in a multi-unit residence is not included within this definition.
Section 6. Subsection B of Section 9.45.050 (“Smoking prohibition”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended as shown in strike-through as follows:
B. Places of employment. In addition to the prohibitions on the use of tobacco in places of employment set forth in California Labor Code section 6404.5, within the city of Pleasant Hill, no employer shall knowingly or intentionally permit, and no person shall engage in, the use of any electronic smoking device in an enclosed space at a place of employment.
Enclosed space includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. For purposes of this subsection B and
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Packet Pg. 821 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 8 in order to determine compliance with the requirements of California Labor Code section 6404.5:
Place of employment does not include an electronic smoking device retailer, provided there is no smoking of any tobacco product in other than an enclosed area in or attached to any electronic smoking device retailer and the enclosed area shares no common air space, ventilation, air conditioning or heating system with the remainder of said retailer.
Place of employment does not include an enclosed area in or attached to any tobacco retailer, provided the enclosed area shares no common air space, ventilation, air conditioning or heating system with the remainder of said retailer.
Section 7. Section 9.45.100 (“Vending machines”) of the Pleasant Hill Municipal Code is hereby repealed and reserved. The deleted text is shown in strikeout below:
9.45.100 Reserved. Vending machines.
Neither cigarette nor electronic smoking device or electronic smoking device paraphernalia vending machines may be installed, utilized or operated on or within any premises in the city.
Section 8. Section 9.45.110 (“Distribution of free samples and coupons”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is hereby amended as shown in strike-through as follows:
No person, firm, association or corporation in the business of selling or otherwise distributing cigarettes, electronic smoking devices or electronic smoking device paraphernalia or other tobacco products for commercial purposes, or agent or employee thereof, shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute, any of the following on or in a public street, sidewalk, park, playground or building: (A) any cigarette or other tobacco or smoking product, including any smokeless tobacco product, electronic smoking device or electronic smoking device paraphernalia; or (B) coupons, certificates, or other written material which may be redeemed for tobacco products or electronic smoking devices or electronic smoking device paraphernalia without charge.
Section 9. Section 9.45.120 (“Out-of-package sales”) of Article I (“Regulation of Smoking”) of Chapter 9.45 of the Pleasant Hill Municipal Code is hereby amended as shown in underline/strike-through as follows:
No person shall sell or offer for sale any cigarettes, electronic smoking devices or electronic smoking device paraphernalia, or smokeless tobacco product not in the original packaging provided by the manufacturer.
Section 10. Article II (“Restricting the Advertising and Promotion of Tobacco Products, Electronic Smoking Devices and Electronic Smoking Device Paraphernalia to Minors”) of Chapter
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Packet Pg. 822 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 9 9.45 of the Pleasant Hill Municipal Code is amended as shown in underline/strike-through as follows:
Article II. Restricting the Advertising and Promotion of Tobacco Products, Electronic Smoking Devices and Electronic Smoking Device Paraphernalia to Minors
9.45.200 Purpose.
The purpose of this article is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco and electronic smoking device users and by discouraging actions that promote the unlawful sale of tobacco products, electronic smoking devices and electronic smoking device paraphernalia to minors, as well as the unlawful purchase or possession of tobacco products, electronic smoking devices and electronic smoking device paraphernalia by minors.
9.45.210 Definitions.
This article incorporates the definitions set forth in PHMC § 9.45.030. In addition, as used in this article:
Advertising display sign means a sign, billboard, signboard, poster, placard, freestanding sign, pennant, banner, graphic display, mural, or similar device that is used to advertise or promote a product. It includes a sign which is temporary or permanent, placed on or affixed to the ground, sidewalk, a pole or post, fence, or a building, or displayed in the window or door of a commercial establishment.
Chief of police means the city chief of police or his or her designee.
Mobile billboard means an advertising display sign which is placed on or affixed to a vehicle if the vehicle is parked within a public right-of-way or on private property and is used primarily to advertise a product. (See Prohibited signs, PHMC § 18.60.060.) Offering for sale means that tobacco products, electronic smoking devices or electronic smoking device paraphernalia are actually sold and/or displayed in the retail establishment.
Promotion means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand that calls the public’s attention to the product brand.
Publicly visible location means an outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or a location inside a commercial establishment that is in or adjacent to a window or doorway and is visible from any street, sidewalk, or other public thoroughfare. To be considered publicly visible, an inside location must be within one foot of a window or doorway.
Self-service display means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public
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Packet Pg. 823 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 10 without the assistance of the retailer or employee of the retailer and a direct person-toperson transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
9.45.220 Administration.
This article shall be administered by the chief of police. The chief may develop guidelines to ensure implementation of this article.
9.45.230 Restrictions on the advertising of tobacco products, electronic smoking devices and electronic smoking device paraphernalia – Exceptions.
A. Restriction. No person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of tobacco products, electronic smoking devices or electronic smoking device paraphernalia on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of: a public or private elementary, middle or secondary school; or a public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts).
B. Exceptions. Subsection A of this section does not apply to advertising or promotion for tobacco products, electronic smoking devices or electronic smoking device paraphernalia which are:
1. Located inside a commercial establishment, unless the advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;
2. On vehicles, other than mobile billboards;
3. On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, electronic smoking devices or electronic smoking device paraphernalia, so long as the sign does not promote any brand of tobacco product, electronic smoking device or electronic smoking device paraphernalia; or
4. On tobacco product, electronic smoking device or electronic smoking device paraphernalia packaging.
9.45.240 Sale and distribution of promotional items related to tobacco products or electronic smoking devices prohibited.
A. No manufacturer, distributor, or retailer of tobacco products, electronic smoking devices or electronic smoking device paraphernalia may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item or service to a minor which bears the
9.2.a
Packet Pg. 824 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 11 brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product, electronic smoking device or electronic smoking device paraphernalia.
B. No person in the business of selling or otherwise distributing tobacco products, electronic smoking devices or electronic smoking device paraphernalia for commercial purposes shall, in the course of such business, distribute, or direct, authorize or permit any agent or employee to distribute, any of the following on a public street or sidewalk, in a public park or playground, or on any other public ground or in a public building: (1) a cigarette or other tobacco product, electronic smoking device or electronic smoking device paraphernalia; or (2) a coupon, certificate, or other written material which may be redeemed for tobacco products, electronic smoking devices and/or electronic smoking device paraphernalia without charge.
9.45.250 Self-service displays prohibited.
It is unlawful for a person to sell, permit to be sold, offer for sale, or display for sale any packaged tobacco product, electronic smoking device or electronic smoking device paraphernalia by means of a self-service display, rack, counter top or shelf that allows a self-service customer access to a packaged tobacco product, electronic smoking device or electronic smoking device paraphernalia. All packaged tobacco products, electronic smoking devices and electronic smoking device paraphernalia shall be offered for sale exclusively by means of seller assistance. Packaged tTobacco products, electronic smoking devices and electronic smoking device paraphernalia shall be located exclusively in a locked case, located behind counters out of reach from customers, or in a similar location that is inaccessible to customers, requiring seller assistance for the customer to obtain access to the products.
9.45.260 Violations.
A. Chief of police review. A private citizen or a city officer or employee may submit a written complaint to the chief of police concerning any advertising or promotion prohibited by this article. The chief will review and, if determined to be appropriate, act upon the complaint in a timely manner. The chief may serve written notice requiring correction of any violation of this article upon the person responsible for the business or for the advertising display sign or promotion or self-service display prohibited by this article. Any notice issued shall specify a date by which the violation must be corrected. The notice shall be served by (1) personal service or by (2) certified and first class mail.
B. Correction. The person responsible shall correct the violation within the time specified in the notice.
C. Each display and each day a separate offense. Each separate display of advertising or promotion prohibited by this article is considered a separate violation. Each day a violation continues is considered a separate violation.
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Packet Pg. 825 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 12 D. Each business location a separate entity. For purposes of determining liability, each individual franchise or business entity is deemed a separate entity.
9.45.270 Additional remedies – Disclaimers.
A. Intent as to additional legal restrictions and remedies. Nothing in this article is intended to alter the obligations or restrictions that apply to any person under any other law governing signs, billboards, advertising or any other matter covered by this article. The remedies set forth in this article are not exclusive. If any action prohibited by this article is also unlawful under any other law, the penalties and remedies under other laws may be pursued in addition to those provided in this chapter.
B. Disclaimers. By prohibiting the advertising or promotion of the products regulated herein in outdoor or publicly visible locations, prohibiting the distribution of certain promotional items and self-service displays of enumerated products, the city is only promoting the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
Section 11. Section 9.45.300 (“Retailer license requirement – Generally”) of Article III (“Retail Licenses”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended as shown in strike-through as follows:
A. License required. It is unlawful for a person or retailer who, within the last 12 months, has been determined to be in violation of a provision of this chapter, or applicable state or federal law governing the sale and distribution of any tobacco product, electronic smoking device or electronic smoking device paraphernalia, to sell or offer for sale any tobacco product, electronic smoking device or electronic smoking device paraphernalia within the city without first obtaining and maintaining a retailer’s license from the city.
It is unlawful for any retailer who is required to have a retailer’s license pursuant to this article to sell or offer for sale any tobacco products, electronic smoking devices or electronic smoking device paraphernalia if the license has been suspended under PHMC § 9.45.360.
A retailer’s license shall be obtained from the chief of police.
B. Term of license – Obligation to maintain. A license is valid for three years, and a person or retailer subject to this license requirement must maintain the license during the three-year period. If there are no further violations of any laws regulating the sale or distribution of tobacco products, electronic smoking devices or electronic smoking device paraphernalia in that three-year period, a retailer’s license will no longer be required.
Section 12. Section 9.45.310 (“Retailer license – Application procedure”) of Article III (“Retail Licenses”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended as shown in strike-through as follows:
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Packet Pg. 826 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 13 An application for a retailer’s license shall be submitted in the name of the person or retailer who, following a finding of violation as specified in PHMC § 9.45.300, proposes to conduct retail tobacco, electronic smoking device or electronic smoking device paraphernalia sales on the business premises. The application shall be signed by the person or retailer or its authorized agent.
The application shall be submitted on a form provided by the city and shall contain the following information:
A. The name, address, and telephone number of the applicant; B. The business name, address, and telephone number where the tobacco product, electronic smoking device or electronic smoking device paraphernalia is to be sold; and C. Such other information as the chief of police determines is reasonably necessary for implementation of this article.
Section 13. Section 9.45.340 (“Retailer license – Display”) of Article III (“Retail Licenses”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended as shown in strikethrough as follows:
The license must be prominently displayed at the location where tobacco products, electronic smoking devices or electronic smoking device paraphernalia retail sales are conducted.
Section 14. Section 9.45.360 (“Retailer license – Suspension”) of Article III (“Retail Licenses”) of Chapter 9.45 of the Pleasant Hill Municipal Code is amended as shown in strikethrough as follows:
A. Suspension of license. In order to discourage violations of law, a retailer’s license may be suspended if the chief of police finds that the licensee or his or her employee has violated any law regulating the sale or distribution of tobacco products, electronic smoking devices or electronic smoking paraphernalia. (See PHMC § 9.45.300.A.) The chief may suspend the license only after giving the licensee notice and a reasonable opportunity to be heard on the matter. The chief shall put his or her findings in writing.
B. Time period of suspension.
1. The first time that the chief finds a violation occurred, the license to sell tobacco products, electronic smoking devices and/or electronic smoking device paraphernalia may be suspended for up to 60 days.
2. After the second time that the chief finds a violation occurred within a 12-month period, the license to sell tobacco products, electronic smoking devices and/or electronic smoking device paraphernalia may be suspended for up to 120 days.
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Packet Pg. 827 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 14 3. After the third and each subsequent time that the chief finds a violation occurred within a 12-month period, the license to sell tobacco products, electronic smoking devices or electronic smoking device paraphernalia may be suspended for up to one year.
C. Appeal of suspension. A decision of the chief to suspend a retailer’s license may be appealed to the city manager or his or her designee.
Section 15. Article IV entitled “Sales of Flavored Tobacco Products and Sales of Electronic Smoking Devices Prohibited” is hereby added to Chapter 9.45 of the Pleasant Hill Municipal Code to read as follows:
“Article IV. Sales of Flavored Tobacco Products and Sales of Electronic Smoking Devices Prohibited
9.45.400 Sale or offer for sale of flavored tobacco products prohibited.
A. No person or tobacco retailer shall sell, or offer to sell, any flavored tobacco product.
B. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has:
1. Made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor; or
2. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
D. The provisions of this section shall not apply to loose leaf tobacco or cigars.
9.45.410 Sale or offer for sale of electronic smoking devices and electronic smoking device paraphernalia prohibited.
No person or tobacco retailer shall sell, or offer to sell, any electronic smoking device or electronic smoking device paraphernalia.
9.45.420 Exemption.
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Packet Pg. 828 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 15 Notwithstanding any other provision of this article, hookah tobacco businesses with valid retailer’s licenses issued pursuant to this chapter shall be exempt from the requirements of this chapter provided that such businesses qualify as an adult only business and operate in accordance with all relevant state and local laws relating to the sale of tobacco products and tobacco paraphernalia.
9.45.430 Public nuisance.
Any violation of this article is hereby declared a public nuisance.
9.45.440 No conflict with federal or state law.
Nothing in this article shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.
9.45.450 Enforcement.
The city may enforce this article by any means authorized in PHMC Chapter 1.25, including an administrative citation under PHMC Chapter 1.35.” Section 16. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 17. Any provision of the Pleasant Hill Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
Section 18. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because its provisions will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)), and it can be seen with certainty that there is no possibility that the ordinance will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
Section 19. This Ordinance shall be effective 30 days following its adoption by the City Council. However, until (____ six months after the effective date) the City will not enforce those portions of the Ordinance prohibiting the sale of flavored tobacco products or electronic smoking devices.
Section 20. Within fifteen days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.
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Packet Pg. 829 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco) 16 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill on the __th day of _________ 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the ______th day of ________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
______________________________________
DANIELLE K. HABR, City Clerk
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Packet Pg. 830 Attachment: Proposed Ordinance - Redline (Ordinance Prohibiting Flavored Tobacco)