Agenda packet — Pleasant Hill City Council, March 21, 2022 (part 2 of 2)

ORDINANCE NO.

OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ORDINANCE (Uncodified) ADOPTING A SPECIAL OR MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Pleasant Hill does ordain as follows:

ARTICLE 1. RECITALS.
(a) On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency.
(b) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. (c) To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.
(d) In accordance with AB 481, the proposed Policy will be made available on the Pleasant Hill Police Department’s website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use. (e) In accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
(f) This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.

8.2.a
Packet Pg. 182 Attachment: Proposed Ordinance (Ordinance re Military Equipment)

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ARTICLE 2. INCORPORATION OF RECITALS.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

ARTICLE 3. FINDINGS.

Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

ARTICLE 4. MILITARY EQUIPMENT USE POLICY ADOPTED.

In light of the findings in Article 3, and in accordance with AB 481, the Policy, attached hereto as Exhibit “A” and incorporated in full by reference, is hereby adopted by the City Council.

ARTICLE 5. SEVERABILITY.

Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

ARTICLE 6. NOT A CEQA PROJECT.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title

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Packet Pg. 183 Attachment: Proposed Ordinance (Ordinance re Military Equipment)

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14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

ARTICLE 7. EFFECTIVE DATE.

This ordinance, or a summary thereof, shall be posted on the three (3) official bulletin boards of the City of Pleasant Hill within 15 days of its passage and is to take effect thirty (30) days after its passage.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 21st day of March, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the___ day of ___________, 202_, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.2.a
Packet Pg. 184 Attachment: Proposed Ordinance (Ordinance re Military Equipment) Policy
706
POLICY 706 SPECIALIZED OR MILITARY EQUIPMENT
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specialized or military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Specialized or Military equipment – Includes but is not limited to the following:
 Unmanned, remotely piloted, powered aerial or ground vehicles.  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.  High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.  Tracked armored vehicles that provide ballistic protection to their occupants.  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
 Weaponized aircraft, vessels, or vehicles of any kind.  Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
 Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
 Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
 Any firearm or firearm accessory that is designed to launch explosive projectiles.  Noise-flash diversionary devices and explosive breaching tools.  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.  TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
 Kinetic energy weapons and munitions.
 Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Pleasant Hill Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specialized or military equipment. 706.3 SPECIALIZED OR MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the specialized or military equipment coordinator. The responsibilities of the specialized or military equipment coordinator include but are not limited to:

8.2.b
Packet Pg. 185 Attachment: Exhibit A - Policy 706 - Specialized or Military Equipment (Ordinance re Military Equipment) a. Acting as liaison to the governing body for matters related to the requirements of this policy. b. Identifying department equipment that qualifies as specialized or military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c. Conducting an inventory of all specialized or military equipment at least annually. d. Collaborating with any allied agency that may use specialized or military equipment within the jurisdiction of Pleasant Hill Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
f. Preparing the annual specialized or military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of specialized or military equipment, and how the Department will respond in a timely manner.
706.4 SPECIALIZED OR MILITARY EQUIPMENT INVENTORY
The attached Specialized or Military Equipment Inventory.pdf constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the specialized or military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specialized or military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the specialized or military equipment at issue (Government Code § 7071). The specialized or military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
a. Requesting specialized or military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for specialized or military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring specialized or military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of specialized or military equipment within the jurisdiction of this department. e. Using any new or existing specialized or military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of specialized or military equipment.
g. Acquiring specialized or military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS

8.2.b
Packet Pg. 186 Attachment: Exhibit A - Policy 706 - Specialized or Military Equipment (Ordinance re Military Equipment) Specialized or military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specialized military equipment is approved for use in accordance with this policy. Specialized or military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective specialized or military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a specialized or military equipment policy, the Chief of Police or the authorized designee should submit a specialized or military equipment report to the City Council for each type of specialized or military equipment approved within one year of approval, and annually thereafter for as long as the specialized or military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual specialized or military equipment report publicly available on the department website for as long as the specialized or military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of specialized or military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of specialized or military equipment.

Exhibit 1 – California Government Code § 7070(c) Military Equipment List Exhibit 2 – Equipment Inventory

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Packet Pg. 187 Attachment: Exhibit A - Policy 706 - Specialized or Military Equipment (Ordinance re Military Equipment) California Government Code § 7070(c) Military Equipment List

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

8.2.c
Packet Pg. 188 Attachment: Exhibit 1 - California Government Code 7070(c) Military Equipment List (Ordinance re Military Equipment) Attachment D: Qualifying Equipment Owned/Utilized by the Pleasant Hill Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA GC §7070(c)(1) Quantity Owned: 6 Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Product Descriptions:

DJI Mavic II Enterprise (3 owned): The Mavic II Enterprise is an advanced drone solution with a FLIR thermal imaging sensor. For use during search and rescue, policing, and firefighting support, it is designed to be a compact solution that is easily deployable with a 6.2 mile transmission range and 31 minutes flight time.

DJI Mavic Mini (3 owned): The Mavic mini is a lightweight, compact, foldable drone that is handheld and weighs only 8.8 oz. It is small and light enough to fly indoors, while still maintaining outdoor flight capabilities with a 2.5 mile transmission range and 31 minute flight time.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; traffic collision documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $35,000. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $5,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

Equipment Name: Explosive breaching apparatuses - CA GC §7070(c)(7) Quantity Owned: 1 Lifespan: Approximately 15 years
Equipment Capabilities: Allows specially trained Pleasant Hill Police Department officers to utilize a designed shotgun to defeat fortified locking mechanisms, such as door handles or hinges.

Product Description: Specially designed Remington 870 shotgun that is retrofitted with a spiked standoff breaching barrel that allows for the safe and effective firing of frangible copper rounds.

Compressed copper 12 gauge breaching rounds (50 owned): These 12 gauge shotgun rounds, which are restricted for law enforcement, military, or government use only, are manufactured using compressed copper. This design allows them to be fired into a locking mechanism or doors to defeat

8.2.d
Packet Pg. 189 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment) the mechanical system allowing for immediate entry by law enforcement personnel during a critical incident.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel, who are members of the Central County SWAT Team, encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment was approximately $800. Annual maintenance is conducted by Pleasant Hill Police Department personnel.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force and search and seizure. Various Pleasant Hill Police Department Policies on Use of Force, Search and Seizure and Firearms.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a Tactical Breaching Course.

Other Notes: None
Equipment Name: Specialized Ammunition - CA GC §7070(c)(10) Quantity Owned: Outlined below Lifespan: Approximately 10 years Equipment Capabilities: Allows for a specially trained Pleasant Hill Police Department officers to protect the community by enhancing their capability to accurately engage suspect(s) who present an immediate deadly danger to members of the community or public safety personnel.

Product Description:

Limited penetration .308 caliber rounds (400 owned): This hyper expanding hollow point bullet immediately deposits its energy within a very short distance, reducing the risk of over-penetration beyond its intended target.

Tactical Barricade .308 caliber rounds (300 owned): This tactical bullet is designed to reduce fragmentation and stays intact when striking a mid-level barricade. The minimal deflection and fragmentation further enhances accuracy and bystander safety.

Armor Piercing .308 caliber rounds (50 owned): This round is designed with a tungsten carbide core that does not break apart upon impact and transfers the residual energy to the target with the purpose of penetrating light armor.

Purpose/Authorized Uses: These specialized rounds are design for use in response to critical incidents that present an immediate threat of deadly force to members of the community or public safety personnel.

Fiscal Impacts: The initial cost for ammunition was approximately $2,000. Ongoing annual cost is estimated at less than $1000.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Authorized uses are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a 40-hour Rifle Marksmanship and Sniper/Observer Course. Users are regularly required to maintain marksmanship rifle qualification standards to remain members on the Central County SWAT Team.

Other Notes: None
Equipment Name: Flashbang grenades - CA GC Code §7070(c)(12) Quantity Owned: 20 Lifespan: Approximately 5 years

8.2.d
Packet Pg. 190 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment) Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through sound and light.

Product Description: The Defense Technology Low Roll Non-Reloadable Distraction Device produces 175 dB or sound output at 5 feet and 6-8 million candellas for 10 milliseconds.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment is estimated at $1200. Ongoing annual maintenance and replacement costs are estimated at $600.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST-certified Special Weapons and Tactics course.

Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA GC §7070(c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option.

Manufacturer Product Description:
40 mm launchers (6 owned): LMT Defense 40 mm launchers. These launchers are lightweight, versatile and used worldwide by police and corrections officers. 40 mm Direct Impact Foam round (50 owned): The Defense Technology 40mm Foam Round munition is a point-of-aim, point-of-impact direct-fire round.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $3,900. The ongoing costs for munitions will vary and departmental staff conduct maintenance.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Crowd Control.

Training Required: : Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

Equipment Name: Shotgun Less Lethal Launchers and Kinetic Energy Munitions - CA GC §7070(c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option Manufacturer Product Description:

Remington 870 shotgun (12 owned): Specially designed Remington 870 shotguns. 12 GA. Drag stabilized round (500 owned): Sock round munition is a point-of-aim, point-of-impact direct-fire round.

Purpose/Authorized Uses: The less lethal shotguns deploy Kinetic Energy Munitions that are intended for use as a less lethal use of force option.

Fiscal Impacts: Existing shotguns were repurposed as designated less lethal devices. The ongoing costs for munitions will vary and departmental staff conduct maintenance. Ongoing annual cost is estimated at less than $1000.

8.2.d
Packet Pg. 191 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment) Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department training and qualifications as required by law and policy.

Other Notes: None.

Qualifying Equipment known to be owned and/or utilized by agencies with which the Pleasant Hill Police Department collaborates for law enforcement purposes Equipment Name: Unmanned, remotely piloted, powered ground vehicles - CA GC §7070(c)(1) Quantity Owned/Sought: 0 owned Lifespan: Approximately 20 years Equipment Capabilities: Allows for a mechanical and robotic entry into confined spaces when physical entry by law enforcement personnel would pose a high risk to officer safety.

Product Description:

The AVATAR robot allows operators to safely inspect dangerous locations without physically entering a structure. It is quickly deployable, navigates various terrain (including stairs), has two-way audio capabilities, and allows the operator to visually inspect the location through a pan-tilt-zoom camera.

Purpose/Authorized Uses: This robot is used in response to critical incidents to enhance community and officer safety. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this robot.

Fiscal Impacts: No cost to City of Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use this equipment for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course.

Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of Pleasant Hill.

Equipment Name: Armored Personnel Carrier - CA GC §7070(c)(2) Quantity Owned/Sought: 0 owned Lifespan: Approximately 25 Years Equipment Capabilities: This rescue vehicle is NIJ Level IV certified and designed to withstand multiple strikes from .50 caliber ammunition while still maintaining operational capabilities.

Product Description:

The Lenco BearCat is the standard tactical rescue vehicle for the law enforcement community in the United States. The BearCatG3 version utilizes a heavier duty upgraded suspension with off-road (runflat) tires, rims, and increased ground clearance for emergency and natural disaster responses that traverse beyond traditional roadways. It seats up to 12 uniformed officers and the 4-door version with an open floor plan allows for easier rescue of injured persons during critical incidents.

Purpose/Authorized Uses: This vehicle is used in response to critical incidents to enhance community and officer safety, improve scene containment and stabilization, conduct community and officer rescues, and assist in the resolution of critical incidents. A watch commander or SWAT Commander,

8.2.d
Packet Pg. 192 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment) based on the specific circumstances of a given critical incident, shall only authorize the use of this vehicle.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use of this vehicle for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Members authorized to operate this vehicle have been trained by personnel who have successfully completed a 24-hour CA POST-certified Tactical Armored Vehicle Operations course.

Equipment Name: Tear gas and pepper balls - CA GC Code §7070(c)(12) Quantity Owned/Sought: 0 Lifespan: Approximately 10 years Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through the introduction of a chemical irritant impacting the eyes, nose, and skin.

Product Description:

Tear gas canisters: The Defense Technology Spede-Heat CS grenade and Flameless Tri-Chamber grenade were designed for barricade situations. Its applications in tactical situations are primarily to detect and/or dislodge hostile and violent barricaded subjects. The purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent and dangerous subjects.
40 mm Liquid CS Ferret round: The Defense Technology 40 mm Liquid Ferret round is used primarily by tactical teams and is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside closed area.
40 mm Direct Impact OC Foam round: The Defense Technology 40mm OC Crushable Foam Round munition is a point-of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder.

PepperBall rounds: The PepperBall projectile contains 2% PAVA and is designed for direct impact and area saturation, especially in confined, interior spaces.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when law enforcement personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST-certified Special Weapons and Tactics course. Chemical agent grenadiers must have completed a 40-hour CA POST-certified course.

8.2.d
Packet Pg. 193 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment) Equipment Name: Command and control vehicles - CA GC §7070(c)(5) Quantity Owned/Sought: 2 Lifespan: Approximately 15 years Equipment Capabilities: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Manufacturer Product Description: San Ramon Valley Fire Mobile Command Center / Martinez Police Department Mobile Command Center/Walnut Creek Bomb Squad.

Purpose/Authorized Uses: Generally to be used as a command post based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of motor vehicles.

Training Required: If applicable, drivers/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Equipment Name: Long Range Acoustic Device (LRAD) – CA GC §7070(c)(13) Quantity Owned/Sought: 1 Lifespan: Approximately 25 years Equipment Capabilities: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone.

The LRAD is primarily used as a communication device.

Manufacturer Product Description: Genasys Long range Acoustic Device (LRAD) – 100X Purpose/Authorized Uses: To safely communicate critical announcements and to deescalate critical incidents through the use of directed sound. To be used to issue announcement orders and can also be used to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of its use.

Training Required: The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.

8.2.d
Packet Pg. 194 Attachment: Exhibit 2 - Equipment Inventory (Ordinance re Military Equipment)

CITY COUNCIL STAFF REPORT
Meeting Date: March 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING AN AMENDED AND

RESTATED PREDEVELOPMENT LOAN AGREEMENT WITH

SATELLITE AFFORDABLE HOUSING ASSOCIATES TO
CONTRIBUTE $736,000 TOWARD SENIOR AFFORDABLE HOUSING
DEVELOPMENT AT 490 GOLF CLUB ROAD

SYNOPSIS
Satellite Affordable Housing Associates (“SAHA”), a non-profit affordable housing developer, is partnering with Choice in Aging (“CiA”), a non-profit corporation, to develop 82 units of affordable senior rental housing (“Housing Project”) on CiA’s property at 490 Golf Club Road.

The Housing Project will be on a mixed-use campus that provides wrap-around support services to seniors.

In November 2016, the City executed a $236,000 loan agreement to assist CiA (formerly Rehabilitation Services of Northern California or “RSNC”) with predevelopment costs associated with the Housing Project. CiA has since partnered with SAHA to manage the Housing Project’s development. In February 2020, the City Council made a preliminary commitment to provide an additional $500,000 loan for predevelopment costs toward the Housing Project.

The City has prepared an Amended and Restated Predevelopment Loan Agreement (“Amended Loan Agreement”) and related documents necessary to implement the $500,000 predevelopment loan and to transfer the original $236,000 loan from RSNC to SAHA, for a total predevelopment loan amount of $736,000.

DISCUSSION
Choice in Aging Campus
CiA and SAHA are partnering to develop the Aging in Place Campus (“Campus”) on a four-acre site at 490 Golf Course Road. The Campus will contain:
 Housing Project: An affordable senior housing development with 82 rental units. The City will require that not less than 30 units be affordable to extremely low-income households earning up to 30 percent of the Contra Costa County Area Median Income (“AMI”). SAHA

9.1 Packet Pg. 195
anticipates that the remaining units, aside from one manager unit, will be affordable to lowincome residents earning up to 80 percent AMI. Other public agencies financing the development will restrict the remaining units.
 CiA and CiL facilities, adult and child day care facilities (CiL – Choice in Learning, is a child day care facility that is operated by CiA, located within the campus).  Future Development that could contain medical offices and an assisted living facility.

City Commitment to Assist Affordable Housing
On November 14, 2016, the City executed a $236,000 loan agreement to assist CiA (under its former name RSNC) with predevelopment costs associated with the Housing Project. CiA has since partnered with SAHA to manage the Housing Project’s development.

On February 3, 2020, the City Council approved a preliminary commitment of $2,236,000 to SAHA from Low and Moderate Income Housing Asset Funds (“Housing Asset Funds”), broken out as follows:
a. The assignment and assumption of the $236,000 predevelopment loan agreement for funds previously disbursed to CiA;
b. $250,000 in predevelopment funds to be disbursed after SAHA has obtained approvals for a general plan amendment, planned unit development (rezoning), development plan, and environmental review required for the proposed development; c. $250,000 in predevelopment funds disbursed after SAHA has obtained approvals for a use permit, subdivision or parcel map and architectural review permit as required for the proposed development; and
d. $1,500,000 in construction funds disbursed after SAHA has secured all financing required to move forward with project construction.

City staff and consultants analyzed the proposed Housing Project before a commitment was made in February 2020. It was determined that the City’s commitment was a reasonable amount considering total development costs, affordability levels, and other factors.

The City has prepared an Amended Loan Agreement for a $736,000 predevelopment loan to fulfill its commitment under items a through c above. SAHA has obtained approvals under item b and the approvals listed under item c are pending. Loan funds will be dispersed as the above milestones are met pursuant to the terms of the Amended Loan Agreement.

Funding of the $1,500,000 construction loan under item d is subject to the City’s receipt of $1,000,000 in Housing Asset Fund deposits through the Pleasant Hill Successor Agency’s Recognized Obligation Payment Schedule (“ROPS”). City staff anticipates receiving this funding by June 2022, subject to California Department of Finance approval of the ROPS. A second

9.1 Packet Pg. 196
$1,500,000 loan agreement will be drafted and presented to City Council on a later date.

Amended Loan Agreement Terms
The $736,000 Amended Loan Agreement has a 55-year term and accrues simple interest at three percent per year. The loan will be repaid annually from residual receipts, or revenues net of certain operating costs and debt as defined in the Amended Loan Agreement. The loan proceeds may be used to reimburse actual third-party predevelopment costs incurred by SAHA, such as architectural fees, engineering fees, environmental studies, and entitlements.

CiA and SAHA entered into an Amended and Restated Memorandum of Understanding dated July 30, 2020 (“MOU”) that gives SAHA lead responsibility for development and financing of the Housing Project, as well as limited responsibility for the Commercial Project. The Amended Loan Agreement is therefore with SAHA and not CiA.

CiA and SAHA are in the process of subdividing CiA’s lot into three parcels. One of the three parcels will be ground leased to SAHA for the Housing Project (“Housing Site”), and SAHA currently has an option to ground lease the Housing Site from CiA once that separate parcel is created. The Amended Loan Agreement is secured by the following: First, SAHA is making an assignment to the City of all agreements, plans and specifications and approvals that SAHA enters into or obtains in furtherance of the Project, and second, SAHA is assigning its interest in the MOU and Option to Ground Lease with CiA to the City. In the event of a default by SAHA prior to the establishment of the separate Housing Site as a legal parcel, the City has the ability to step into the position of SAHA, and select a new developer to complete the project. Further, once the Housing Site is established as a separate legal parcel and the ground lease is recorded, the Amended Loan Agreement will be secured additionally by a leasehold deed of trust against the Housing Site. If SAHA defaults under the terms of the Amended Loan Agreement, the City will have the right to take over the ground lease and select a new developer to complete the Housing Project.

The Amended Loan Agreement includes an Amended and Restated Affordable Housing Regulatory Agreement (“Regulatory Agreement”) that restricts 30 units to be rented to extremely low-income households for 55-years.

Approval of the Amended Loan Agreement does not constitute approval of the proposed Property development, will which undergo the regular design review process.

FISCAL IMPACT
The Loan Agreement will approve a $500,000 expenditure from the City’s Housing Asset Fund, which is restricted for use on affordable housing activities pursuant to the California Health and Safety Code. The $236,000 loan that will be assigned from CiA to SAHA was previously expended. The Housing Asset Fund balance has approximately $1.7 million dollars available that is not committed to other projects.

9.1 Packet Pg. 197

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 Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution approving the Amended Loan Agreement.

ALTERNATIVES TO RECOMMENDED ACTION

1. Do not approve the resolution

2. Provide direction to staff.

ATTACHMENT(S):

1. Proposed Resolution
Exhibit A - Amended and Restated Predevelopment Loan Agreement Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Public Works and Community Development Director/Assistant City Manager
Approved by: June Catalano, City Manager

9.1 Packet Pg. 198
RESOLUTION NO. ____- 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

APPROVING AN AMENDED AND RESTATED PREDEVELOPMENT LOAN

AGREEMENT BETWEEN THE CITY OF PLEASANT HILL AND SATELLITE AFFORDABLE HOUSING ASSOCIATES TO CONTRIBUTE $736,000 TOWARD THE

CHOICE IN AGING SENIOR AFFORDABLE HOUSING DEVELOPMENT
WHEREAS, by adoption of Resolution No. 03-12 on January 9, 2012, the City of Pleasant Hill (“City”) elected to retain all housing assets and functions previously performed by the Pleasant Hill Redevelopment Agency (“Redevelopment Agency”) and transferred all housing related rights, powers, duties and obligations of the Redevelopment Agency to the City as the “Successor Housing Entity” to the Redevelopment Agency pursuant to California Health and Safety Code (“HSC”) Section 34176; and
WHEREAS, following dissolution of the Redevelopment Agency, any funds transferred to the Successor Housing Entity, together with any funds generated from former Redevelopment Agency housing assets, are to be maintained in a separate Low and Moderate Income Housing Asset Fund (“LMIHAF”) subject to the requirements of HSC Section 34176.1; and WHEREAS, Choice in Aging, a California non-profit corporation (“CiA”) owns that certain real property located at 490 Golf Club Road, Pleasant Hill, California (A.P.N. 153-030- 004-3) (the “Site”) that CiA desires to be developed with (a) a senior housing project consisting of approximately eight-two (82) multi-family rental units, of which not less than thirty (30) shall be affordable to extremely low income households (the “Housing Project”) and (b) a commercial project consisting of commercial office, health care, health care services, clinic and conference space dedicated to serving the senior community (the “Commercial Project”); and WHEREAS, the City previously entered into that certain Predevelopment Loan Agreement (the “Original Loan Agreement”) dated November 14, 2016 with Rehabilitation Services of Northern California, a California nonprofit corporation (predecessor by name change to CiA) pursuant to which the City agreed to advance to CiA an amount not to exceed Two Hundred ThirtySix Thousand Dollars ($236,000.00) (the "Original Loan"), to pay a portion of predevelopment costs for the Housing Project subject to the terms and conditions set forth in the Original Loan Agreement; and
WHEREAS, in furtherance of the development of the Housing Project, CiA entered into that certain “Amended and Restated Memorandum of Understanding by and between Satellite Affordable Housing Associates (“SAHA”) and CiA dated as of July 30, 2020 (the “MOU”), pursuant to which CiA and SAHA agreed that SAHA would have lead responsibility for development of the Housing Project, as well as limited responsibility for the Commercial Project; and
WHEREAS, the MOU anticipates that SAHA will establish a limited partnership in which SAHA or an affiliate of SAHA will serve as general partner (the “Partnership”) for purposes of securing low income housing tax credit financing for the development of the Housing Project, and that the Partnership will ground lease a portion of the Site (the “Housing Site”) from CiA; and

9.1.a
Packet Pg. 199 Attachment: Proposed Resolution (Satellite Affordable Housing Associates Loan Agreement) 2 WHEREAS, the MOU further declares that CiA will assign and SAHA will assume the Original Loan, and SAHA will pursue the Housing Project in a manner consistent with the Original Loan. In furtherance of the MOU, substantially concurrently herewith, CiA and SAHA entered into an Assignment and Assumption Agreement pursuant to which CiA assigned and SAHA assumed all the rights and responsibilities of the Original Loan Agreement; and WHEREAS, in furtherance of the Housing Project and consistent with the terms of the MOU, CiA and SAHA additionally entered into that certain Option to Ground Lease dated as of August 25, 2020 (the “Option”) pursuant to which CiA granted to SAHA an option to ground lease the Housing Site, pursuant to certain terms and conditions as more specifically set forth in the Option; and
WHEREAS, SAHA has continued to pursue the development of the Housing Project in a manner consistent with the terms of the Original Loan Agreement and the MOU; and WHEREAS, on February 4, 2020, the City Council made a preliminary commitment to provide SAHA with an additional Five Hundred Thousand Dollars ($500,000.00) in predevelopment funds (the “Additional Predevelopment Funds”) for costs associated with the Housing Project; and
WHEREAS, City and SAHA desire to enter into an Amended and Restated Predevelopment Loan Agreement (“Amended Loan Agreement”) to increase the Original Loan to include the Additional Predevelopment Funds, to provide the terms pursuant to which the Additional Predevelopment Funds will be disbursed, to amend the number of units that will be affordable for extremely low income households from twenty-seven to thirty, and to amend the security to be provided by SAHA to secure the loan to reflect those property and related interests that are held by SAHA, rather than the interest in real property held by CiA; and WHEREAS, on January 25, 2021, the City Council adopted Resolution No. 8-21 adopting the Final Mitigated Negative Declaration (“MND”) prepared for the 490 Golf Club Road project, referred to here as the Housing Project, adopting environmental findings pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), and approving a Mitigation Monitoring and Reporting Program.

WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and WHEREAS, staff evaluated the proposed project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and State CEQA Guidelines section 15162 and concluded that the MND fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Amended Loan Agreement, and therefore, no subsequent environmental impact report (“EIR”) or mitigated negative declaration is required; and

9.1.a
Packet Pg. 200 Attachment: Proposed Resolution (Satellite Affordable Housing Associates Loan Agreement) 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill:

Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.

Section 2. As the decision-making body for the Amended Loan Agreement, the City Council has reviewed and considered the MND, any oral or written comments received, and the administrative record prior to making any decision on the Amended Loan Agreement. City Council finds that the MND contains a complete and accurate reporting of all of the environmental impacts associated with 490 Golf Club Project aka Housing Project and the Amended Loan Agreement.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the MND and all related information presented to the City Council, the Council finds that, pursuant to State CEQA section 15162, no further environmental review is required Section 4. The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the Amended Loan Agreement as it:

A. will not result in substantial changes that would require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. will not result in substantial changes with respect to the circumstances under which the Amended Loan Agreement that would require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the MND documents were adopted.

Section 5. The City Council hereby approves the Amended Loan Agreement incorporated as Exhibit A to this resolution.

Section 6. The City Manager and/or their designee is authorized to take all actions necessary to effectuate the implementation of the Amended Loan Agreement.

9.1.a
Packet Pg. 201 Attachment: Proposed Resolution (Satellite Affordable Housing Associates Loan Agreement) 4 ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the day of 21st day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

9.1.a
Packet Pg. 202 Attachment: Proposed Resolution (Satellite Affordable Housing Associates Loan Agreement)

EXHIBIT A

AMENDED AND RESTATED PREDEVELOPMENT LOAN AGREEMENT

BETWEEN THE CITY OF PLEASANT HILL AND

SATELLITE AFFORDABLE HOUSING ASSOCIATES
[to be attached]

9.1.a
Packet Pg. 203 Attachment: Proposed Resolution (Satellite Affordable Housing Associates Loan Agreement) 1 AMENDED AND RESTATED PREDEVELOPMENT LOAN AGREEMENT
(Choice in Aging Senior Housing Development)
This Amended and Restated Predevelopment Loan Agreement (the "Agreement") is made as of ____________, 2022 ("Effective Date"), by and between the CITY OF PLEASANT HILL, a California municipal corporation, in its capacity as the Successor Housing Entity to the PLEASANT HILL REDEVELOPMENT AGENCY (the "City"), and SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California nonprofit corporation ("Borrower").

RECITALS
A. The City Council of the City of Pleasant Hill ("City Council") adopted Redevelopment Plans ("Redevelopment Plan") for the Pleasant Hill Commons and Schoolyard Redevelopment Projects ("Redevelopment Projects"). Until February 1, 2012, the Pleasant Hill Redevelopment Agency (“Redevelopment Agency”) was responsible for carrying out the Redevelopment Plans in accordance with the Community Redevelopment Law (Health and Safety Code, Section 33000 et seq.).

B. As part of its responsibility in carrying out the Redevelopment Plans, the Redevelopment Agency was required to deposit twenty percent (20%) of all tax increment revenues received by the Redevelopment Agency into a separate Low and Moderate Income Housing Fund (“LMIHF”), to be used for the purpose of increasing, improving and preserving the community’s supply of low-and moderate-income housing.

C. Pursuant to Assembly Bill 1X 26, adopted in 2011, the decision of the California Supreme Court in California Redevelopment Association et al. v. Ana Matosantos, et al., Assembly Bill 1484, adopted in 2012, and other subsequently adopted legislation (all, collectively, the “Dissolution Act”), all redevelopment agencies throughout the State were dissolved on February 1, 2012.

D. Pursuant to the authority provided in Health and Safety Code Section 34176, the City Council adopted Resolution No. 3-12, on January 9, 2012, electing to retain all the housing assets and functions previously performed by the Redevelopment Agency and transferring all housing related rights, powers, duties and obligations of the Redevelopment Agency to the City, as the “Successor Housing Entity” to the Redevelopment Agency. Following dissolution of the Redevelopment Agency, any funds transferred to the Successor Housing Entity, together with any funds generated from housing assets, are to be maintained in a separate Low and Moderate Income Housing Asset Fund (“LMIHAF”) created by the Successor Housing Entity. Pursuant to Health and Safety Code Section 34176.1, funds in the LMIHAF shall be used in accordance with the provisions of the Community Redevelopment Law relating to the LMIHF.

E. Choice in Aging, a California non-profit corporation (“CiA”) owns that certain real property located at 490 Golf Club Road, Pleasant Hill, California (A.P.N. 153-030-004-3) (the “Site”) that CiA desires to be developed with (a) a senior housing project consisting of approximately eight-two (82) multi-family rental units, of which not less than thirty (30) shall be affordable to extremely low income households, including parking and other associated amenities (the "Housing Project"); and (b) a commercial project consisting of commercial office, health

9.1.b
Packet Pg. 204 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 2 care, health care services, clinic, and conference space dedicated to serving the senior community (the “Commercial Project”).

F. City previously entered into that certain Predevelopment Loan Agreement (the “Original Loan Agreement”) dated November 14, 2016 with Rehabilitation Services of Northern California, a California nonprofit corporation (predecessor by name change to CiA) pursuant to which the City agreed to advance to CiA an amount not to exceed Two Hundred Thirty-Six Thousand Dollars ($236,000.00) (the "Original Loan"), to pay a portion of the predevelopment costs for feasibility studies, and the planning and development of the Housing Project, subject to the terms and conditions set forth in the Original Loan Agreement. The Original Loan is evidenced and repayable pursuant to a promissory note dated November 14, 2016 (the “Original Note”) and is secured by a deed of trust recorded against the Property in the Official Records of Contra Costa County as Document #2016-0273235-00 (the “Original Deed of Trust”).

G. In furtherance of the development of the Housing Project, CiA entered into that certain “Amended and Restated Memorandum of Understanding by and between Satellite Affordable Housing Associates and Choice in Aging (Proposed Mixed Use Development in Pleasant Hill, CA)” dated as of July 30, 2020 (the “MOU”) with Borrower, pursuant to which CiA and Borrower agreed that Borrower would have lead responsibility for development of the Housing Project, as well as limited responsibility for the Commercial Project. The MOU anticipates that Borrower will establish a limited partnership in which Borrower or an affiliate of Borrower will serve as general partner (the “Partnership”) for purposes of securing low income housing tax credit financing for the development of the Housing Project, and that the Partnership will ground lease a portion of the Site that is generally located in the area identified as Parcel “C” on the map attached hereto as Exhibit A (the “Housing Site”) from CiA. The MOU further declares that CiA will assign and Borrower will assume the Original Loan, and Borrower will pursue the Housing Project in a manner consistent with the Original Loan. In furtherance of the MOU, substantially concurrently herewith, CiA and Borrower entered into that certain Assignment and Assumption Agreement dated ________, pursuant to which CiA assigned and Borrower assumed all the rights and responsibilities of the Original Loan Agreement (the “Assignment and Assumption Agreement”).

H. In furtherance of the Housing Project and consistent with the terms of the MOU, CiA and Borrower additionally entered into that certain Option to Ground Lease dated as of August 25, 2020 (the “Option” or the “Option Agreement”) pursuant to which CiA granted to Borrower an option to ground lease the Housing Site, pursuant to certain terms and conditions as more specifically set forth in the Option.

I. Borrower has continued to pursue the development of the Housing Project in a manner consistent with the terms of the Original Loan Agreement and the MOU.

J. On February 4, 2020, the City Council made a preliminary commitment to provide Borrower with an additional Five Hundred Thousand Dollars ($500,000.00) in predevelopment funds (the “Additional Predevelopment Funds”) for costs associated with the Housing Project as more specifically described in the predevelopment budget attached hereto and

9.1.b
Packet Pg. 205 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 3 incorporated herein as Exhibit F (the “Predevelopment Costs”), to be disbursed at such time that Borrower has satisfied certain milestones in furtherance of the Housing Project.

H. City and Borrower desire to enter into this Amended and Restated Predevelopment Loan Agreement to increase the Original Loan to include the Additional Predevelopment Funds, to provide the terms pursuant to which the Additional Predevelopment Funds will be disbursed, to amend the number of units that will be affordable for extremely low income households from twenty-seven to thirty, and to amend the security to be provided by Borrower to secure the Loan to reflect those property and related interests that are held by Borrower, rather than the interest in real property held by CiA.

I. This Agreement does not authorize or enable (i) the funding of any additional funds other than the Loan provided for under this Agreement, (ii) the granting of discretionary approvals, or (iii) the construction of the Housing Project. Such actions may be authorized and will become possible only upon subsequent discretionary action of the City.

NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations, and in further consideration for the making of the Loan, the Borrower and City hereby agree as follows:

AGREEMENTS
ARTICLE 1.

LOAN TERMS

1.1 Amendment of Original Loan Agreement. The Original Loan Agreement is hereby amended, superseded and replaced in its entirety by this Agreement.

1.2 Loan.
(a) The City agrees to loan and the Borrower agrees to borrow an amount not to exceed a total of SEVEN HUNDRED THIRTY-SIX THOUSAND DOLLARS ($736,000.00) ("Loan"), subject to the conditions and terms of this Agreement. City and Borrower acknowledge that Two Hundred Thirty-Six Thousand Dollars ($236,000.00) of the Loan has already been disbursed to Borrower. The City shall make two additional disbursements of the Additional Predevelopment Funds of Two Hundred Fifty Thousand Dollars ($250,000.00) each to be used for Predevelopment Costs for a total of five hundred thousand ($500,000.000). The Loan shall be evidenced by and repayable in accordance with an amended and restated promissory note (the "Note") in substantially the form attached hereto as Exhibit B and incorporated herein by reference, which Note will amend, replace and supersede the Original Note. CiA and Borrower are in the process of pursuing a subdivision of the Site, to form the Housing Site for purposes of developing the Housing Project and to provide for the development of the Commercial Project on the remainder of the Site, and intend that upon subdivision of the Site, the Housing Site will be ground leased to Borrower pursuant to the terms of a Ground Lease in substantially the form as attached to the Option as Exhibit B (the “Ground Lease”).

Concurrently with the recordation of the Memorandum of Lease (as defined in the Ground Lease, Borrower shall record a leasehold deed of trust (the “Deed of Trust”) against the Housing

9.1.b
Packet Pg. 206 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 4 Site in substantially the form attached hereto as Exhibit C, which Deed of Trust shall secure the Note. The Borrower shall execute and deliver the Note and the Deed of Trust to the City prior to and as a condition to any further disbursement of the Loan, provided, however, that the Deed of Trust shall not be recorded against the Housing Site until such time that Borrower enters into the Ground Lease for the Housing Site. The Loan shall bear simple interest at the rate of three percent (3%) per annum, on the principal balance outstanding from time to time. (b) The Borrower covenants and agrees for itself, its successors, assigns, and every successor in interest to devote the Housing Project to an affordable housing project in accordance with the terms of an Amended and Restated Affordable Housing Regulatory Agreement, the form of which is attached hereto as Exhibit D (the “Regulatory Agreement”), and which will amend, replace and supersede the affordable housing regulatory agreement entered into pursuant to the Original Loan Agreement, and this Agreement for the period of time specified therein. The Borrower shall execute and deliver the Regulatory Agreement to the City prior to and as a condition to disbursement of any portion of the Loan, and the Regulatory Agreement shall be recorded against the Housing Site concurrently with recordation of the Ground Lease for the Housing Site.
(c) As additional consideration for entering into this Agreement, the Borrower shall assign to the City its rights and obligations with respect to certain agreements, plans and specifications and approvals, pursuant to the terms of an Assignment Agreement, the form of which is attached hereto as Exhibit E (the "Assignment Agreement") and incorporated herein by reference.
(d) As further additional consideration for entering into this Agreement, the Borrower shall enter into that certain Collateral Assignment of Memorandum of Understanding and Option to Ground Lease, the form of which is attached hereto as Exhibit F (the “Collateral Assignment”) and incorporated herein by reference.
(e) Upon execution and delivery by CiA and SAHA of the Collateral Assignment, the City shall execute and record such documents as are necessary to release the Property from the Original Deed of Trust and reconvey such Original Deed of Trust to CiA.1

1.3 Disbursement of Loan Funds. The City and Borrower acknowledge that the Original Loan Amount of Two Hundred Thirty-Six Thousand Dollars has been disbursed as of the date of this Agreement. City shall make two additional disbursements of the Additional Predevelopment Funds of Two Hundred Fifty Thousand Dollars ($250,000.00) each to be used for Predevelopment Costs.
(a) The first disbursement shall be made only upon satisfaction of each of the following conditions precedent:
(i) The loan shall be used only in accordance with the Section 1.6 below. The City shall disburse the loan funds to the borrower pursuant to the disbursement process set forth, provided that an initial disbursement of TWO HUNDRED FIFTY

1 The Original DOT (on CiA’s property) should be released when the MOU and Option are assigned to the City. The MOU and Option will serve as the collateral in lieu of the DOT lien on CiA’s property.

9.1.b
Packet Pg. 207 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 5 THOUSAND DOLLARS ($250,000.00) under this agreement (i.e., the first disbursement of the additional predevelopment funds) may occur within ten (10) days after satisfaction of all of the following conditions precedent:
(ii) The Borrower shall have executed and delivered to the City the Assignment Agreement (Exhibit E);
(iii) The Borrower shall have executed and delivered to the City the Collateral Assignment (Exhibit F), and CiA and Borrower shall both have executed and delivered to the City the Consent and Agreement of Choice in Aging in the form attached to the Collateral Assignment as Exhibit B.
(iv) The Borrower shall have executed, in recordable form where applicable, and delivered to the City the Note (Exhibit B), the Deed of Trust (Exhibit C) and the Regulatory Agreement (Exhibit D);
(v) The Borrower has obtained approvals for a general plan amendment, planned unit development (rezoning), development plan, and environmental review in accordance with the California Environmental Quality Act required for the proposed development of the Housing Project on the Site; and
(vi) The Borrower shall have delivered to the City a written request for such disbursement, together with copies of invoices or other documentation satisfactory to the City to evidence the actual Predevelopment Costs (as defined in Section 1.4, below) incurred by the Borrower, and that such Predevelopment Costs for which the funds are being disbursed are not less than Two Hundred Fifty Thousand Dollars.
(vii) In the event of any Default (as defined in Section 4.1, below) by the Borrower hereunder, following notice from the City and the expiration of any applicable cure periods, then the entire outstanding principal amount of the Note may, at the option of the City, become immediately due and payable, together with interest at the default interest rate set forth in Section 9 of the Note, commencing on the date of the Default and continuing until such time as all amounts due under the Note and the Deed of Trust are paid in full, or the Default has been cured, whichever occurs first.
(b) The second disbursement shall be made only upon satisfaction of each of the following conditions precedent:
(i) Borrower shall have satisfied all of the conditions precedent set forth in Section 1.2(d) above;
(ii) All representations and warranties made by the Borrower in this Agreement, the Note, Deed of Trust, Regulatory Agreement, Assignment Agreement, Collateral and any other related documents shall be true and correct as of the date of the proposed disbursement;
(iii) Borrower is not in Default under the terms of this Agreement or any other agreement relating to the Housing Site or the Housing Project;

9.1.b
Packet Pg. 208 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 6 (iv) Borrower has secured approvals for a use permit for the Housing Project, a parcel map for the Site that will, at a minimum, create a separate parcel for the Housing Site, and an architectural review permit for the Housing Project; (v) Borrower shall have entered into the Ground Lease, and recorded the Deed of Trust and Regulatory Agreement against the Housing Site; (vi) Delivery of a binding commitment by a title insurance company acceptable to the City to issue a lender’s policy of Title Insurance with any endorsements the City may reasonably require, insuring the City in the principal amount of the Loan, of the validity and priority of the Deed of Trust upon the Housing Site, subject only to liens and matters of record approved by the City in writing, and showing the Ground Lease to the Housing Site in the name of the Borrower.
(vii) Borrower shall have delivered to the City a written request for such second disbursement, together with copies of invoices or other documentation satisfactory to the City to evidence the actual Predevelopment Costs (as defined in Section 1.4, above) incurred by the Borrower, and that such Predevelopment Costs for which the funds are being disbursed are not less than Two Hundred Fifty Thousand Dollars.

1.4 City Not Liable. In no event shall the City be liable to Borrower or any other party, including but not limited to any lender, contractor or subcontractor, for any damage whatsoever which may result in whole or in part from any action or inaction of the City hereunder, including without limitation, failure or delay in funding any proceeds of the Loan, except to the extent of the City’s gross negligence or willful misconduct.

1.5 Term of Agreement. The term of this Agreement ("Term") shall commence upon the Effective Date and, unless earlier terminated as provided herein, shall remain in full force and effect for a period of fifty-five (55) years from the date of recordation of the Regulatory Agreement against the Housing Site.

1.6 Use of Funds. The Borrower shall use the proceeds of the Loan only to pay outof-pocket, third-party costs actually incurred by the Borrower, and approved by the City, for predevelopment costs for feasibility studies and the planning and development of the Housing Project on the Site, including without limitation predevelopment and entitlement costs of the Housing Project that are listed as eligible uses under the predevelopment budget attached hereto and incorporated herein as Exhibit G ("Predevelopment Costs").

1.7 Compliance with City, State and Federal Laws and Regulations. Borrower agrees at all times to observe and comply with, and to cause all of its employees, agents, subcontractors, or others working for or under Borrower to observe and comply with all local, state and federal laws and regulations that pertain to the construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Borrower, its subcontractors, and the work.

9.1.b
Packet Pg. 209 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 7 1.8 Repayment of Loan.
(a) All principal and interest on the Loan shall be due and payable pursuant to the terms of this Agreement upon the earlier of (i) the occurrence of any Default hereunder that remains uncured after the expiration of the applicable cure period, or (ii) Borrower’s abandonment of the Housing Project or sale or transfer of its interest in this Agreement, the Housing Project or any portion of the Housing Site, other than a transfer permitted under Section

4.02 of the Regulatory Agreement. Borrower hereby expressly acknowledges that upon expiration or earlier termination of this Agreement, Borrower shall not commit or allocate any additional Loan funds or expend any unexpended Loan funds and shall immediately return all remaining unexpended funds to the City.
(b) Borrower shall enter into the Ground Lease for the Housing Site with CiA on or before December 31, 2024. Borrower shall further secure financing with terms deemed reasonable in Borrower’s reasonable discretion, and in an amount sufficient to construct the Housing Project on the Site on or before December 31, 2024. City may, in its sole discretion, elect to extend either of these dates to allow Borrower additional time to enter into the Ground Lease secure the necessary financing, provided, however, that unless extended as provided herein, Borrower’s inability to satisfy such deadlines shall constitute a Default under this Agreement, and City may pursue any and all remedies available to it under this Agreement, including but not limited to its rights under the Deed of Trust, Assignment Agreement and the Collateral Assignment.
(c) In the event the Housing Project is constructed on the Housing Site, the Loan shall be repaid from the Residual Receipts from the Housing Project, as provided in the Note.

ARTICLE 2.

GENERAL REQUIREMENTS

2.1 Records. Borrower shall keep all records, accounts, documentation and all other materials relevant to the Housing Project for a period of not less than three (3) years from the date of termination of this Agreement. Upon reasonable prior notice to Borrower, the City shall have the right to inspect any and all records in connection with the Housing Project.

2.2 Report to City. Borrower shall file with the City periodic status reports on Borrower's progress on the development and construction of the Housing Project. Borrower shall submit the first status report to the City within one month following the Effective Date of this Agreement, and shall submit subsequent status reports every month thereafter during the Term of this Agreement or until development of the Housing Project is completed, whichever occurs first.

2.3 City Review and Inspections.
(a) Upon reasonable prior notice to the Borrower, but not less than fifteen (15) calendar days, the City may at any time during the term of this Agreement, inspect all accounting records pertaining to the planning and development of the Housing Project.

9.1.b
Packet Pg. 210 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 8 (b) The City may request any other information that it reasonably deems necessary to monitor compliance with the requirements set forth in this Agreement. Such information shall be promptly provided by the Borrower.

2.4 Audit.
(a) All records, accounts, documentation and other materials deemed by the City to be relevant to the planning and development of the Housing Project shall be accessible at any time to the authorized representatives of the City for the purpose of examination or audit. (b) Any expenditure from the Loan proceeds that is not authorized by this Agreement or that cannot be adequately documented shall be disallowed and must be reimbursed to the City or its designee by the Borrower. Expenditures not described in this Agreement shall be deemed authorized if the performance of such activities is approved in writing by the City prior to their commencement. Absent fraud or mistake on the part of the City, the determination by the City of the allowability of any expenditures shall be final.

2.5 Insurance and Indemnity.
(a) Indemnity. The Borrower and its successors and assigns shall defend, indemnify, protect and hold harmless the City and its elective and appointed boards, and its officers, attorneys, agents, volunteers and employees, from and against any and all liability, damages, costs, losses, claims, causes of action or expenses (the "Claims"), however caused, resulting from the gross negligence or willful misconduct of the Borrower (including any contractor or subcontractor of Borrower or any person or persons employed by or acting as agent for Borrower, its contractor or subcontractor) in connection with the performance of this Agreement or Borrower's (or subcontractor or any person or persons employed by or acting as agent for Borrower or subcontractor) predevelopment or planning for the Housing Project; except to the extent that any Claim arises out of the City’s gross negligence or willful misconduct. Borrower shall pay all reasonable costs of any necessary legal defense and all reasonable attorneys' fees of counsel approved by the City incurred in defending any Claim, whether or not actually filed in any court.
(b) Liability and Property Damage. As applicable, the Borrower, at its own costs and expense, shall at all times cause the Housing Site and the Housing Project to be insured against loss by fire, casualties, liabilities and contingencies, and in such amounts and for such periods as are reasonably acceptable to the City . Borrower, at its own costs and expense, shall also maintain automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment with combined bodily injury and property damage liability of $2,000,000. The City shall be named as additional insured and loss payee on all insurance policies. During any period of construction, Borrower shall also maintain or cause each and every contractor to maintain a builder's risk form of policy. Borrower shall not be required to maintain earthquake insurance if such insurance premiums are not economically feasible. (c) Workers' Compensation Insurance. As applicable, Borrower shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all

9.1.b
Packet Pg. 211 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 9 amendments thereto, and all similar applicable state or federal acts or laws; and shall indemnify, defend, protect and hold harmless the City, and its respective agents, officers and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the City, and its respective agents, officers and employees, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by Borrower under this Agreement.
(d) All insurance policies and renewals thereof shall be issued by carriers and under forms of policies satisfactory in all respects to the City. The policies shall stipulate that this insurance will operate as primary insurance and that no insurance held by the City will be called upon to contribute to a loss suffered by Borrower hereunder. (e) Borrower agrees to furnish any certificates of insurance evidencing the above-described policies as requested by the City. Such certificates must be approved by the City within ten (10) days of delivery, before any payments will be made under this Agreement.

If the City fails to approve such certificates within the aforementioned ten (10) day period, the certificates shall be deemed approved. Borrower shall provide City with immediate notice upon Borrower’s receipt of notice of cancellation or a material change in any insurance policy.

Borrower shall promptly file with the City a certified copy of the required new or renewal policy, and certificates for such policy.
(f) If, at any time during the term of this Agreement or any extension hereof, Borrower fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately and all payments due or that become due to Borrower will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefor have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall constitute an event of Default.
(g) Use of Insurance Proceeds. As applicable, any proceeds Borrower receives from insurance policies issued to Borrower and/or covering the Housing Project, and any proceeds received from any governmental agency due to a partial or complete condemnation of the Housing Project, shall be applied as follows: If Borrower collects insurance proceeds arising from a fire or other casualty, then the insurance proceeds shall be applied to restore, repair, or rebuild the damage to the Housing Project caused by such casualty if such restoration, repair or rebuilding is economically feasible. If such insurance proceeds are insufficient for such purposes, the City shall not make up the deficiency. If Borrower does not make repairs or cause such repairs to be made to restore the Housing Project to its pre-casualty condition, then any insurance proceeds collected for such damage or destruction shall be used to repay the Loan, subject to the rights of senior lenders approved by the City. If the Housing Project is subject to a partial condemnation or taking, then the proceeds received therefrom shall be applied to restore the Housing Project taken, provided the City determines that such restoration is economically feasible and no Default exists under the Loan, this Agreement, the Note or the Regulatory Agreement following the expiration of all applicable cure periods. If the Housing Project is subject to a total condemnation, or if the City determines that restoration of the Housing Project is not feasible following a partial condemnation, or if a Default exists then the proceeds from any

9.1.b
Packet Pg. 212 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 10 condemnation award or claim for damages shall be used first to repay the Loan, with the excess, if any, paid to Borrower, subject to the rights of senior lenders approved by the City.

2.6 Restrictions on Sale, Encumbrance, and Other Acts. Borrower shall not make any sale, encumbrance, hypothecation, assignment, pledge, conveyance or transfer (collectively, "Transfer") in any form of all or any part of, or any interest in, this Agreement, the Ground Lease, the Option, the Housing Site or the Housing Project, except with the prior written approval of the City, which shall not be unreasonably withheld, conditioned or delayed.

Borrower shall deliver to the City notice of intent to Transfer within thirty (30) business days of receipt of such notice, the City shall approve or deny any such proposed Transfer. Borrower shall give the City at least thirty (30) days' prior written notice of any desired transfer and of the proposed terms of such transfer.

2.7 Assignment of City Rights. The City retains the right at its sole discretion to assign all or part of its rights under this Agreement for the purpose of ensuring compliance and enforcement of the Borrower's duties and obligations hereunder. In addition, the City may designate an agent to act on its behalf in monitoring compliance and enforcing the provisions hereof.

2.8 Evidence of Financing. During the Term of this Agreement, Borrower shall submit to the City evidence satisfactory to the City that Borrower is using best efforts, given the Housing Project's site control and discretionary approvals, to secure all construction and development financing that is adequate to complete the planning, construction and development of the Housing Project.

2.9 Prevailing Wages. City makes no representation as to whether prevailing wages are required to be paid in connection with the Predevelopment Costs for the Housing Project. In the event that prevailing wages are required to be paid for the Predevelopment Costs pursuant to Labor Code Sections 1720 et seq. the Borrower shall and shall cause any contractors and subcontractors to pay prevailing wages in connection with the planning of the Housing Project, as those wages are determined pursuant to Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations (“DIR”) and comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the DIR. Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City against any claim for claims, losses, liabilities, damages (direct or consequential), compensation, fines, penalties, causes of action, administrative and judicial proceedings and orders, judgments, remedial action or requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred therewith (including but not limited to reasonable attorneys’ fees and costs) or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to Labor Code Section 1720 et seq. and implementing regulation or comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the DIR in connection with the planning and development of the Housing Project or any other work undertaken or in connection with the Site, if it is determined that the payment of prevailing wages is required and the Borrower or its contractor, subcontractor, assignees or transferees fails to pay such prevailing wages. Borrower in giving this indemnification acknowledges the provisions of Labor Code Section 1781 and specifically

9.1.b
Packet Pg. 213 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 11 waives any protection, rights or claims against the City that may accrue to the Borrower pursuant to Labor Code Section 1781.

ARTICLE 3.

REPRESENTATIONS AND WARRANTIES OF BORROWER

3.1 Representations and Warranties. The Borrower hereby represents and warrants to the City as follows:
(a) Organization. Satellite Affordable Housing Associates is a duly organized, validly existing California nonprofit corporation and is in good standing under the laws of the State of California.
(b) Authority of Borrower. The Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver this Agreement, the Note and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (c) Authority of Persons Executing Documents. This Agreement, the Note, the Deed of Trust, the Regulatory Agreement, the Assignment Agreement, the Collateral Assignment and all other documents or instruments executed and delivered, or to be executed and delivered, by the Borrower pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of the Borrower, and all actions required under the Borrower's respective organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement, the Note, the Deed of Trust, the Regulatory Agreement, the Assignment Agreement, the Collateral Assignment and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken (to the extent such actions are required as of the date of the executions and delivery of the abovenamed documents). (d) Valid Binding Agreements. This Agreement, the Note, the Deed of Trust, the Regulatory Agreement, the Assignment Agreement, the Collateral Assignment and all other documents or instruments which have been executed and delivered by the Borrower pursuant to or in connection with this Agreement constitute, or if not yet executed or delivered, will constitute when so executed and delivered, legal, valid and binding obligations of the Borrower enforceable by and against it in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting the rights of creditors generally and general principals of equity.
(e) No Breach of Law or Agreement. Neither the execution nor delivery of this Agreement, the Note, the Deed of Trust, the Regulatory Agreement, the Assignment Agreement or the Collateral Assignment by the Borrower or of any other documents or instruments executed and delivered, or to be executed and delivered by the Borrower, pursuant to this Agreement, nor the performance by the Borrower of any provision, condition, covenant or other term hereof or thereof, will conflict with or result in a breach of any statute, rule or

9.1.b
Packet Pg. 214 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 12 regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever, to the knowledge of Borrower, binding on the Borrower, or any provision of the organizational documents of the Borrower, or will conflict with or constitute a breach of or a default under any agreement to which the Borrower is a party, or will result in the creation or imposition of any lien upon any assets or property of the Borrower, other than liens established pursuant hereto.
(f) Compliance with Laws; Consents and Approvals. The planning and development of the Housing Project will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency as applicable. (g) Pending Proceedings. The Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower, or the Housing Project, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Borrower, materially and adversely affect the Borrower's ability to repay the Loan. (h) Financial Information. All financial data and information made available by the Borrower to the City fairly present the information contained therein. As of the date of this Agreement, there has not been any adverse, material change in the financial condition of the Borrower from that shown by any financial data or information provided to the City. (i) Sufficient Funds. With this Loan, the Borrower will use best efforts to hold or secure sufficient funds and/or binding commitments for sufficient funds to pay predevelopment expenses and all other costs for the planning and development of the Housing Project.

ARTICLE 4.

DEFAULTS AND REMEDIES

4.1 Event of Default. The following shall constitute an event of default (“Default”):
(i) a representation or warranty made or given in this Agreement, the Note, the Deed of Trust, the Regulatory Agreement the Assignment Agreement or the Collateral Assignment proves to be false or misleading; or (ii) material failure or delay by Borrower to perform any covenant, condition or provision of, or in the event of any other Default under, this Agreement, the Note, the Regulatory Agreement, the Deed of Trust, the Assignment Agreement, the Collateral Assignment or any other document affecting the Site or the Housing Project within the timeframes required by this Agreement.
(a) Borrower shall be in Default under this Agreement if it fails to perform any material term or condition of, or in the event of any other Default under, this Agreement, the Note, the Deed of Trust, the Regulatory Agreement or the Assignment Agreement, and after receipt of written notice of such failure to perform, fails to cure the breach within thirty (30) days of receipt of said notice, or in the event such breach cannot be cured within thirty (30) days, fails

9.1.b
Packet Pg. 215 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 13 to immediately commence and diligently prosecute such cure until said breach has been fully remediated, except that Borrower shall be in Default if it fails to enter into the Ground Lease or secure financing on or before the dates set forth in Section 1.8(b) of this Agreement, even if Borrower continues to diligently prosecute cure of such cure. If Borrower Defaults with regard to any provision of this Agreement, the City may terminate this Agreement and Borrower shall be liable to the City for repayment of all amounts due and owing under the Note and Deed of Trust plus any damages caused by such Default.
(b) Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

4.2 Remedies. Upon the happening of an event of Default, the non-defaulting party may pursue any remedy allowed at law or in equity, including but not limited to, accelerating payment under the Note, applying to any State court for specific performance of this Agreement or, for a Default by Borrower, any remedies available to City under the Deed of Trust, Assignment Agreement or Collateral Assignment, including but not limited to assuming all Agreements, Plans and Specification and Land Use Approvals for the Housing Project, including but not limited to the MOU and Option Agreement with CiA, which City may then utilize to complete the Housing Project, or assign to a third party assignee to be used for in furtherance of the Housing Project, as more specifically set forth in the Assignment Agreement and the Collateral Assignment. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative; and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same Default or any other Default by the other party.

ARTICLE 5.

MISCELLANEOUS PROVISIONS

5.1 Conflict of Interest. No employee, agent, consultant, director, officer, elected or appointed official or member of the City has or may obtain a personal or financial interest in or benefit from the Borrower, the Site or the Housing Project or in any contract or subcontract or agreement, or the proceeds thereof, relating to the Site or the Housing Project.

5.2 No Discrimination. The Borrower covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with respect to any or the planning or development work to be undertaken by the Borrower under this Agreement. All contracts made or entered into by the Borrower, its successors or assigns, as to any such work shall contain or be subject to substantially the nondiscrimination or nonsegregation clauses set forth in Health and Safety Code Section 33436.

9.1.b
Packet Pg. 216 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 14 5.3 No Member Liability. No member, official, director, employee or agent of the City shall be personally liable to Borrower in the event of any Default or breach by the City or for any amount which may become due to Borrower or on any obligations under the terms of this Agreement.

5.4 Legal Actions.
(a) In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions shall be instituted in the Superior Court of Contra Costa County, State of California. (b) In the event that any legal action is commenced by the Borrower against the City, service of process on the City shall be made by personal service upon the City Manager or City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by the City against the Borrower, service of process on the Borrower shall be made in such manner as may be provided by law.

5.5 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative; and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same Default or any other Default by the other party.

5.6 Entire Agreement; Amendment.
(a) This Agreement may be executed in duplicate originals, each of which shall be deemed to be an original.
(b) This Agreement, the exhibits and the documents referenced in this Agreement constitute the entire understanding and agreement of the parties, and supersede all negotiations or previous agreement between the parties with respect to all or any party of the subject matter hereof.
(c) This Agreement may be amended only by a writing signed by authorized representatives of the City and the Borrower; the City Manager shall be authorized to act on behalf of the City.

ARTICLE 6.

MISCELLANEOUS

6.1 Notice. Any notice required or authorized under this Agreement shall be effective if, and only if, in writing and if, and only if, mailed, postage prepaid, by registered or certified mail, to the party in question at the address shown below:

9.1.b
Packet Pg. 217 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 15 Borrower: Satellite Affordable Housing Associates
1835 Alcatraz Ave.

Berkeley, CA 94703
Attn: Chief Executive Officer
City : City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attn: City Manager

6.2 No Waiver. No failure to enforce or delay in enforcing or exercising any right or remedy available under this Agreement shall impair the exercise of such right or remedy or the exercise of a similar right or remedy on a subsequent occasion.

6.3 Severability. Should any provision of this Agreement be found invalid by a court or other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of the remaining provisions which shall remain in force to the maximum extent possible.

6.4 Titles and Headings. The titles and headings in this Agreement are for convenience only and shall not be construed to affect the meaning or construction of any provision of this Agreement.

6.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6.6 Attorneys' Fees. The prevailing party shall be entitled to receive the amount of its legal expenses, including reasonable attorneys' fees, expert legal fees and other legal costs and expenses, in the event of any legal action brought under or to enforce the provisions of this Agreement.

6.7 Signs. During the development period, the City may place or require to be placed signs at the site of the Housing Project stating the City is providing financing. The signs shall indicate in a typeface and size commensurate with its funds that the City is a source of financing.

6.8 Force Majeure. In addition to specific provisions of this Agreement, performance by either party shall not be deemed to be in Default where delays or Defaults are due to war, acts of terrorism, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation or any other similar causes beyond the control or without the fault of the party claiming an extension of time to perform. Failure to obtain adequate financing for any component of the Housing Project shall not constitute grounds for an extension under this Section. An extension of time for any cause set forth in this Section will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) business days from the commencement of the cause and such extension of

9.1.b
Packet Pg. 218 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 16 time is not rejected in writing by the other party within ten (10) business days of receipt of the notice.

6.9 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager or his or her designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise.

6.10 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. [SIGNATURE PAGE FOLLOWS]

9.1.b
Packet Pg. 219 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) 17 IN WITNESS WHEREOF, the City and the Borrower have executed this Agreement as of the date first set forth above.

CITY:

CITY OF PLEASANT HILL, a California
municipal corporation, in its capacity as the
Successor Housing Entity to the PLEASANT

HILL REDEVELOPMENT AGENCY
By: __________________________________
June Catalano, City Manager
APPROVED AS TO FORM:

By: _____________________________
Janet Coleson,
City Attorney
ATTEST:
_________________________________
Carol W. Wu, City Clerk
BORROWER:

SATELLITE AFFORDABLE HOUSING

ASSOCIATES,
a California nonprofit corporation
By:________________________________
Susan Friedland, Chief Executive Officer

9.1.b
Packet Pg. 220 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit A 1

EXHIBIT A

MAP OF HOUSING SITE
[Parcel C in map attached behind this cover page]

9.1.b
Packet Pg. 221 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit A 2

9.1.b
Packet Pg. 222 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
1 EXHIBIT B

FORM OF AMENDED AND RESTATED PROMISSORY NOTE
[PREDEVELOPMENT LOAN]
(Choice in Aging Senior Housing Development)
Cumulative Total Not to Exceed _________________, 2022
$736,000.00 Pleasant Hill, California
For value received, Satellite Affordable Housing Associates, a California non-profit corporation ("Borrower" or “Maker”), promises to pay the CITY OF PLEASANT HILL, in its capacity as the Successor Housing Entity to the PLEASANT HILL REDEVELOPMENT AGENCY, or order ("City" or “Payee”), the total cumulative amount not to exceed SEVEN HUNDRED THIRTY-SIX THOUSAND DOLLARS ($736,000.00) (the "Loan"), or so much as may be disbursed by the City from time to time pursuant to Section 1.6 of the Agreement (defined in Section 1, below) for approved Predevelopment Costs, together with interest at the rate of three percent (3%) per annum, simple interest, accruing against the principal balance outstanding from time to time.

1. Purpose. This Note amends, restates and supersedes that certain Promissory Note in the principal amount of Two Hundred Thirty-Six Dollars ($236,000.00) dated November 14, 2016 and executed by Choice in Aging, a California non-profit corporation (formerly known as Rehabilitation Services of Northern California), Borrower’s predecessor in interest, in favor of the City (the “Original Note”).

2. Following dissolution of the Pleasant Hill Redevelopment Agency (“Redevelopment Agency”), the City elected to retain all housing related rights, powers, duties and obligations of the Redevelopment Agency. Following dissolution of the Redevelopment Agency, any funds transferred to the City, as the Successor Housing Entity, together with any funds generated from housing assets, are to be maintained in a separate Low and Moderate Income Housing Asset Fund (“LMIHAF”) created by the Successor Housing Entity. Pursuant to Health and Safety Code Section 34176.1, funds in the LMIHAF shall be used in accordance with the provisions of the Community Redevelopment Law relating to the LMIHF.

Borrower currently has an option to ground lease a portion of certain real property located at 490 Golf Club Road, Pleasant Hill, California (such portion, the “Housing Site”), pursuant to an Option to Ground Lease dated as of August 25, 2020 by and between Choice in Aging, a California nonprofit corporation (“CiA”), and Borrower (the “Option Agreement”) and shall enter into a ground lease for the Housing Site with Choice in Aging the current owner of the larger parcel located at 490 Golf Club Road. Borrower desires to develop the Housing Site with (a) a housing project consisting of approximately eight-two (82) multi-family rental units, of which not less than thirty (30) units shall be affordable to extremely low income households, including parking and other associated amenities ("Housing Project") to be rented to senior citizens.

9.1.b
Packet Pg. 223 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
2 Due to circumstances acknowledged by both the City and Borrower, and in furtherance of the Housing Project proposed to be developed on the Housing Site, substantially concurrently herewith, the City and Borrower have entered into that certain Amended and Restated Predevelopment Loan Agreement, dated ___________, 2022 (the "Agreement") whereby the City agreed to advance to the Borrower the Loan funds to pay a portion of the predevelopment costs for the planning and development of the Housing Project, subject to the terms and conditions set forth in the Agreement. The terms and conditions of the Agreement, which, among other things, allow for acceleration of this Note upon the occurrence of certain events of default, are hereby incorporated by reference. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.

3. Loan. This amended and restated promissory note (this "Note") evidences the Loan in the amount not to exceed SEVEN HUNDRED THIRTY-SIX THOUSAND DOLLARS ($736,000.00), representing funds advanced to the Borrower, from time to time, under the Agreement.

4. Security. Payment of this Note is secured by an assignment of Borrower’s interest in the “Amended and Restated Memorandum of Understanding by and between Satellite Affordable Housing Associates and Choice in Aging (Proposed Mixed Use Development in Pleasant Hill, CA)” dated as of July 30, 2020 (the “MOU”) and the Option Agreement pursuant to a “Collateral Assignment,” and an assignment of Borrower’s interest in certain agreements, plans and specifications and approvals to pursuant to the terms of an “Assignment Agreement”. The Assignment Agreement and Collateral Assignment are both more specifically described in the Agreement, and are both executed by Borrower concurrently herewith. The City acknowledges and agrees that in connection with development of the Housing Project, Borrower and CiA intend to subdivide the larger parcel located at 490 Golf Club Road, and that upon completion of such subdivision Borrower shall ground lease the Housing Site from CiA, and develop the Housing Project on the Housing Site. Concurrently with entering into the ground lease for the Housing Site and recording a memorandum thereof against the Housing Site, the security for this Note will be an amended and restated deed of trust, assignment of rents, security agreement and fixture filing (the “Deed of Trust”) from Borrower to City upon the Housing Project and Borrower shall record the Deed of Trust against the Housing Site in accordance with the terms of the Agreement.

5. Affordable Housing Project. The Housing Project shall consist of approximately eighty-two (82) residential apartment units (each a “Unit”), thirty (30) of which are made available and rented to persons or families whose income does not exceed thirty percent (30%) of the Area Median Income (the “Affordable Units”), and one (1) unrestricted Unit set aside for an onsite manager. For purposes hereof, “Area Median Income” shall mean the area median income for Contra Costa County as published by the California State Department of Housing and Community Development from time to time. The gross monthly rent for the Affordable Units shall not exceed one-twelfth of 30% of 30% of the Area Median Income, adjusted by household size appropriate for the Unit. The Housing Project shall be maintained and operated in accordance with that certain Amended and Restated Affordable Housing Regulatory Agreement by and between City and Borrower, dated ________________, 2022, and recorded concurrently with the Deed of Trust (“Regulatory Agreement”).

9.1.b
Packet Pg. 224 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
3 6. Maturity Date. All principal and interest due hereunder shall be due and payable in full upon the earlier of (i) the occurrence of any Default under the Agreement, the Note, the Deed of Trust or the Regulatory Agreement that remains uncured after the expiration of the applicable cure period, or (ii) Borrower’s abandonment of the Housing Project or sale or transfer of its interest in the Agreement, the Housing Project or any portion of the Site, other than a transfer permitted under Section 4.02 of the Regulatory Agreement; or (iii) fifty-five (55) years after the date hereof (the “Maturity Date”).

7. Repayment. Beginning at the end of Borrower’s first fiscal year following the issuance of a certificate of occupancy for the Housing Project, Borrower shall make annual payments of principal and interest to the City in an amount equal to the Residual Receipts Payment defined herein. The payments described hereinabove shall be paid to City no later than one hundred twenty (120) days after the end of Borrower’s fiscal year. Residual Receipts Payments received by City shall be credited first to accrued but unpaid interest, then to current interest due and owing, and lastly to principal.

A. The “Residual Receipts Payment” shall equal twenty-five percent (25%) of the Residual Receipts, as defined below. The Residual Receipts Payment as set forth herein constitutes the cumulative annual payment due to the City under this Note.

B. For the purposes of this Note, “Residual Receipts” shall mean the sum of money computed as follows:
i. All rents, revenues, consideration or income (of any form) derived by Borrower in connection with or relating to the ownership or operation of the Housing Project, including any net revenue derived from any refinancing of the Housing Project and any revenue from contributions, loans or grants which is not required to meet future project obligations (but excluding tenants’ security deposits, partner capital contributions and similar advances) less all of the following: all customary and reasonable costs and expenses in connection with the operation and maintenance of the Housing Project approved by City in the budget described below, including but not limited to premiums for property and liability insurance, utility services not paid directly by tenants, maintenance and repair, security services and payments for social/supportive services, asset management fees not to exceed $18,000 per year (subject to an annual 3% increase), a partnership management fee in the amount of $7,500 per year increased annually by 4%, deferred developer fee, provided that the aggregate developer fee does not exceed the maximum fee allowed by TCAC or pursuant to any other agreements entered into between the Borrower and City, property management fees not to exceed $65 per unit per month, increasing annually by up to 3%; payments of principal and interest due on financing from sources reviewed and approved in writing by City (including on development and deficit loans made by Borrower or any partner of Borrower); provided, however, that no such written approval from City shall be required with respect to development and deficit loans made by Borrower or any partner of Borrower to prevent a Default or other material breach under any of the additional borrower financing; amounts approved by City expended to restore the Housing Project after a casualty loss or condemnation; reasonable and customary cost for accounting and auditing the books and records of the Housing Project;

9.1.b
Packet Pg. 225 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
4 taxes; franchise tax filing fees; local, state and federal monitoring compliance fees; and deposits to Housing Project reserves approved by City or required by any other lender or the tax credit investor.
ii. Notwithstanding the generality of the foregoing, the following items are not expenses or deductible in computing Residual Receipts:
(a) Payment of any fees or expenses or of any portion of the Residual Receipts to Borrower, except as expressly provided in Section 6.B.i, above; (b) Income taxes imposed upon Borrower’s income; and
(c) Payment of interest on any indebtedness of Borrower to any affiliate of Borrower (individual or entity) or to any other third-party lender or partner not otherwise approved by City;
(d) Depreciation, cost recovery, amortization and similar items which do not involve the expenditure of cash.

8. Payment Location. Payment shall be made in lawful money of the United States to the City at 100 Gregory Lane, Pleasant Hill, CA 94523. The place of payment may be changed from time to time as the City may from time to time designate in writing.

9. The occurrence of any of the following shall constitute an event of default (“Default”) under this Note: (i) Borrower fails to pay any amount due hereunder within fifteen (15) days of its due date; (ii) Any other Default by Borrower under this Note, or any Default by Borrower under the Agreement, the Deed of Trust or the Regulatory Agreement after the expiration of applicable notice and cure periods; (iii) Borrower becomes insolvent or the filing or initiation of bankruptcy or insolvency proceedings by or against Borrower, whether voluntary or involuntary that is not dismissed within thirty (30) days of initiation, or if Borrower makes a general assignment for the benefit of creditors or states its inability to pay its debts as they mature; or (v) Borrower dissolves or liquidates.

Borrower shall not be considered in Default under this Note until the expiration of all notice and cure periods provided to Borrower. Upon the occurrence of any uncured event of Default, or at any time thereafter, at the option of the City hereof and without notice, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. However, this option may be exercised at any time following any such event, and the acceptance of one or more installments thereafter shall not constitute a waiver of City’s option. City’s failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event.

City’s failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.

10. Default Interest Rate. At all times when Borrower is in Default hereunder by reason of Borrower's failure to pay principal due under this Note or any amounts due under the

9.1.b
Packet Pg. 226 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
5 Deed of Trust securing this Note, the interest rate on the sums as to which Borrower is in Default (including principal, if City has elected to declare it immediately due and payable), shall be the lower of (i) Ten Percent (10%) per annum, or (ii) the highest rate then allowed by law, commencing as of the date of the Default until paid in full, or until the Default has been cured, whichever is applicable.

11. Waivers. Borrower and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.

12. Costs. Borrower agrees to pay immediately upon demand all reasonable costs and expenses of City including without limitation reasonable attorneys' fees:
(i) if after Default and the expiration of all notice and cure periods this Note is placed in the hands of an attorney or attorneys for collection; (ii) if after a Default hereunder or under the Agreement, the Deed of Trust or the Regulatory Agreement, City finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Borrower, any guarantor or any other party liable therefor or to the protection of its rights under this Note, the Agreement, the Deed of Trust, the Regulatory Agreement or other loan document executed in connection with the Housing Project; (iii) if Borrower seeks to have the Site abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of this Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court; or
(iv) if Borrower shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental entity, affecting the Site or the title thereto or the interest of the City under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, City shall be reimbursed by Borrower immediately upon demand for all reasonable costs, charges and reasonable attorneys’ fees incurred by City in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Site.

13. Notices. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested at the address stated in this Note or at such address as either party may designate by written notice.

14. Successors. This Note shall be binding upon Borrower, its successors, and assigns.

9.1.b
Packet Pg. 227 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit B
6 15. Governing Law. This Note shall be construed in accordance with and be governed by the laws of the State of California.

16. Severability. If any provision of this Note shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

IN WITNESS WHEREOF, Borrower has executed this Note as of the date first written above.

BORROWER:

Satellite Affordable Housing Associates, a
California nonprofit corporation
By:___________________________
Susan Friedland
Its: Chief Executive Officer

9.1.b
Packet Pg. 228 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
1 EXHIBIT C

FORM OF DEED OF TRUST
(Choice in Aging Senior Housing Development)
When Recorded Mail Document
To:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, California 94523
Attn: City Manager
Exempt from recording fees pursuant
to Government Code §27383
APN: 153-030-004 Space Above This Line For Recorder’s Use Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Choice in Aging Senior Housing Development)
This Deed of Trust is made as of _____________, 20__, among SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California non-profit corporation (“Trustor”), whose address is 1835 Alcatraz Avenue, Berkeley, California 94703, OLD REPUBLIC TITLE COMPANY, a California corporation (“Trustee”), and the CITY OF PLEASANT HILL, a California municipal corporation whose address is 100 Gregory Lane, Pleasant Hill, CA 94523 (“Beneficiary”).

For the purposes and upon the terms and conditions in this Deed of Trust, Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale and right of entry and possession, the following property and any interest therein (collectively, the “Trust Estate”): (a) Trustor’s leasehold interest in and to that certain real property in the City of Pleasant Hill, County of Contra Costa, State of California, described as set forth in Exhibit “A” attached hereto and incorporated herein by reference, as provided by that certain Ground Lease dated ___________, 20__ as may be amended from time to time, which was memorialized by a Memorandum of Ground Lease recorded as Document No. _______ on ________, as may be amended from time to time (“Ground Lease”), by and between Trustor and the fee owner of the property (“Real Property”); (b) all buildings and other improvements and structures now or hereafter located on the Real Property (collectively, the “Improvements” and together with the Real Property shall sometimes be referred to as the “Property”); (c) all existing and future leases, subleases, subtenancies, licenses, agreements and concessions relating to the use, occupancy or enjoyment of all or any part of the Property, together with any and all guaranties and other agreements relating to or made in connection with any of the foregoing (individually, a “Lease”, and collectively, the “Leases”); and (d) all rents, issues, income, revenues, royalties, profits, proceeds and earnings now or hereafter payable with respect to or otherwise derived from the ownership, use, management,

9.1.b
Packet Pg. 229 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
2 operation, leasing or occupancy of the Property, including, without limitation, cash or security deposited under any of the leases to secure the performance by the lessees of their obligations thereunder (collectively, the “Rents”).

1. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing the following obligations (the “Secured Obligations”): (a) payment of the sum of Seven Hundred Thirty-Six Thousand Dollars ($736,000) with interest thereon according to the terms of an amended and restated promissory note (the “Note”) dated _________, 20__, executed by Trustor in favor of Beneficiary or order and any extension or renewals thereof; (b) payment of such further sums as Trustor or the then record owner of the Property may borrow from Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; and (c) performance of each agreement of Trustor set forth herein or in the Amended and Restated Predevelopment Loan Agreement entered into by and between Trustor and Beneficiary dated __________, 20__ (the “Loan Agreement”), or the Amended and Restated Affordable Housing Regulatory Agreement entered into by and between Trustor and Beneficiary dated __________, 20__ (the “Regulatory Agreement”). Capitalized terms not defined herein are defined as set forth in the Loan Agreement.

2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary.

3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term “extended coverage,” and any other hazards for which Beneficiary requires insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall be reasonably acceptable to Beneficiary, the policies shall name Beneficiary as a loss payee or an additional insured, as applicable, the policies shall include Beneficiary as an additional insured, as applicable, and shall require 30 days’ prior notice to Beneficiary before the policy is modified or terminated.

4. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys’ fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the

9.1.b
Packet Pg. 230 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
3 Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (w) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (x) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (y) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this Deed of Trust; and (z) in exercising any such powers, pay allowable expenses, including attorneys’ fees.

6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate provided in the Note.

7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.

8. Reconveyance. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note or notes to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as “the person or persons legally entitled thereto.”

9. Assignment of Rents. Trustor hereby absolutely and unconditionally assigns to Beneficiary all of the rents, issues, profits, royalties, revenues, income and other benefits (collectively, the "Rents") derived from the Property, whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness secured hereby in such order as Beneficiary may determine in its sole discretion. This assignment of Rents is intended to create and shall be construed to create an absolute assignment to Beneficiary of all of Trustor’s right, title and interest in the Rents, the foregoing, so long as no default exists by Trustor in the payment of any indebtedness secured hereby, or in any other covenant contained herein, or in said note or notes or in any other document evidencing or securing such indebtedness, Trustor shall have the right to collect all Rents from the Property and to retain, use and enjoy the same. Upon the occurrence of such a default, without the necessity of demand or other notice to Trustor or any other act to enforce Beneficiary’s interest pursuant to this assignment, Trustor shall have no interest whatsoever in the Rents that are received by Trustor after a default, and all such Rents shall be received and held by Trustor in

9.1.b
Packet Pg. 231 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
4 constructive trust for Beneficiary and delivered promptly to Beneficiary, or to a court-appointed receiver for the Property, without the necessity for further notice to, or demand upon, Trustor. Upon the occurrence of such a default and at any time thereafter during the continuance thereof, Beneficiary may, at its option, send any tenant of the Property a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and (c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between Trustor and Beneficiary and Beneficiary with respect to the existence of a default or the rights of Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.

10. Default and Foreclosure. Subject to the rights of any senior lender, upon default by Trustor in payment or performance of any Secured Obligation, subject to any applicable cure period, Beneficiary may declare all sums secured immediately due and payable by delivery to Trustee of a declaration of default and demand for sale and of a notice of default and of a notice of sale, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note or notes and all documents evidencing expenditures secured by this Deed of Trust. Upon default of any obligation secured by this Deed of Trust and acceleration of all sums due, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3455.

11. Substitution of Trustee. Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee.

12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term “Beneficiary” shall mean the owner and holder,

9.1.b
Packet Pg. 232 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
5 including pledgees, of the secured note or notes, whether or not named as Beneficiary herein.

13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time reasonably require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.

15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Subject to the rights of any senior lender, Trustor hereby authorize and empower Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Subject to the rights of any senior lender, Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney-in-fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. Subject to the rights of any senior lender, the proceeds of any award payment or claim for damages, direct or consequential, in

9.1.b
Packet Pg. 233 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
6 connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Subject to the rights of any senior lender, Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Subject to the rights of any senior lender, Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may reasonably require. Notwithstanding the above, but subject to the rights of any senior lender, the Beneficiary shall release all insurance and condemnation proceeds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary determines that such restoration, repair or rebuilding is economically feasible. Subject to the rights of any senior lender, if such insurance proceeds shall be insufficient for such purposes, Trustor shall make up the deficiency. If the Housing Project is subject to a partial condemnation or taking, then subject to the rights of any senior lender, the proceeds received therefrom shall be applied to restore the Housing Project taken, provided the Beneficiary determines that such restoration is economically feasible and no default exists under the Loan Documents following the expiration of all applicable cure periods. If the Housing Project is subject to a total condemnation, or if Beneficiary determines that restoration of the Housing Project is not feasible following a partial condemnation, or if an uncured default exists then subject to the rights of any senior lender, the proceeds from any condemnation award or claim for damages shall be used first to repay all sums under the Note, with the excess, if any, paid to Trustor, subject to the rights of senior lenders.

16. Severability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.

17. Estoppel Certificate. Trustor shall, within 10 days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.

18. California Uniform Commercial Code Security Agreement; Fixture Filing. Trustor hereby grants Beneficiary a security interest in all personal property of Trustor located on the Property and wherever located and used in any way in connection

9.1.b
Packet Pg. 234 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

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Exhibit C
7 with or in any way relating to the Property, and whether now owned or hereafter in existence, acquired or created (including equipment, inventory, goods, documents, instruments, general intangibles, chattel paper, accounts, accounts receivable, deposit accounts and contract rights), and all fixtures of Trustor now owned or hereafter in existence, acquired or created on, of or relating to the Property, and all substitutions, replacements, additions, accessions and proceeds (including insurance proceeds) of all of the foregoing (collectively, the “Personal Property”). Beneficiary may file this Deed of Trust, or a reproduction hereof, in the real estate records or other appropriate index, as a financing statement for the Personal Property. Any reproduction of this Deed of Trust or of any other security agreement or financing statement shall be sufficient as a financing statement. In addition, Trustor shall execute and deliver to Beneficiary, upon Beneficiary's request, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this Deed of Trust in such form as Beneficiary may reasonably require to perfect a security interest with respect to the Personal Property. Trustor shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Beneficiary may reasonably require. Without the prior written consent of Beneficiary, Trustor shall not create or suffer to be created pursuant to the California Uniform Commercial Code any other security interest in the Personal Property.

Upon Trustor's breach of any covenant or agreement of Trustor contained in this Deed of Trust, including the covenants to pay when due all sums secured by this Deed of Trust, Beneficiary shall have the remedies of a secured party under the California Uniform Commercial Code and, at Beneficiary's option, may also invoke any remedies provided in this Deed of Trust as to the Personal Property. In exercising any of such remedies, Beneficiary may proceed against the Property and any of the Personal Property separately or together and in any order whatsoever, without in any way affecting the availability of Beneficiary’s remedies under the California Uniform Commercial Code or the remedies provided in the Deed of Trust. This Deed of Trust also covers goods which are or which are to become fixtures on the Property and constitutes and is filed as a fixture filing under the California Uniform Commercial Code.

19. Due-On-Sale or Encumbrance. Except as set forth in the Loan Agreement, and subject to the rights of any senior lender, if all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary’s option, declare all of the sums secured by this Deed of Trust to be immediately due and payable, and Beneficiary may invoke any remedies permitted by this Deed of Trust.
[Signature on following page]

9.1.b
Packet Pg. 235 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

DO NOT RECORD
Exhibit C
8 The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth.

TRUSTOR:

SATELLITE AFFORDABLE HOUSING ASSOCIATES,
a California non-profit corporation
By: ____________________________
Susan Friedland
Its: Chief Executive Officer

9.1.b
Packet Pg. 236 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit C
9 EXHIBIT A

PROPERTY LEGAL DESCRIPTION
[to be inserted] 2

2 Exhibit to be agreed following subdivision of the property; this legal description will be limited to that portion of the subdivided property on which the housing is to be constructed.

9.1.b
Packet Pg. 237 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit C
10 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
, Notary
Public
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

9.1.b
Packet Pg. 238 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
1 EXHIBIT D

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attn.: City Manager
Exempt from recording fees pursuant to
Government Code Sec. 27383

AMENDED AND RESTATED

AFFORDABLE HOUSING REGULATORY AGREEMENT
This Amended and Restated Affordable Housing Regulatory Agreement dated ______________________, 2022 (the “Regulatory Agreement”), is between the CITY OF PLEASANT HILL, a municipal corporation, in its capacity as the Successor Housing Entity to the Pleasant Hill Redevelopment Agency (the “City”) and SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California nonprofit corporation (“Borrower”).

RECITALS
A. The City intends to create affordable rental housing opportunities for persons and families of low income, very low income and extremely low income. The City and Rehabilitation Services of Northern California (predecessor by name change to CiA, defined below), the owner of the Property, previously entered into a Predevelopment Loan Agreement dated November 14, 2016 (the “Original Loan Agreement”), pursuant to which the City made a loan to Borrower for the purpose of paying a portion of the predevelopment costs for the planning and developing of an approximately 82-unit multi-family rental housing project (the “Housing Project”) to be developed on certain property owned by Borrower (the “Property”) as more particularly described in Exhibit “A”, attached hereto and incorporated herein by this reference, which shall include not less than 27 units that will be available at an affordable rent to persons and families of extremely low income levels, who quality as senior citizens under California Civil Code Section 51.3, as the same may be amended from time to time.

B. Under the Original Loan Agreement, the City provided Borrower with a loan in the amount of TWO HUNDRED THIRTY-SIX THOUSAND DOLLARS ($236,000) (the “Original Loan”).

As a condition of the Original Loan Agreement, the City entered into that certain Affordable Housing Regulatory Agreement recorded in the Official Records of the County of Contra Costa as Document No. 2016-0273234-00 (the “Original Regulatory Agreement”).

C. Choice in Aging, a California nonprofit corporation (“CiA”) has entered into a ground lease for the Property with Borrower. In furtherance of the Project, Borrower and City entered into that certain Amended and Restated Loan Agreement, dated _________, 2022 (the “Loan Agreement”),

9.1.b
Packet Pg. 239 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
2 pursuant to which the City agreed to increase the total amount to be loaned to Borrower for predevelopment costs associated with the Project to SEVEN HUNDRED THIRTY-SIX THOUSAND DOLLARS ($736,000.00), and Borrower has agreed to commit to restrict additional units to be affordable to extremely low income households as more specifically set forth herein.

D. This Regulatory Agreement supersedes and replaces the Original Regulatory Agreement in its entirety, and shall, subject to the terms and conditions set forth herein, require that not less than thirty (30) of the Housing Units included in the Housing Project shall be rented to Eligible Households, as defined herein for a minimum of fifty-five (55) years following the recordation of this Regulatory Agreement.

AGREEMENT
NOW THEREFORE, the parties acknowledge and agree as follows:

ARTICLE 1. ELIGIBLE HOUSEHOLDS

1.01 Households meeting the income restrictions as set forth in Section 2.01 shall be referred to as “Eligible Households.”
ARTICLE 2. AFFORDABILITY REQUIREMENTS FOR HOUSING PROJECT

2.01 Rent and Income Restrictions. From the date of recordation of this Regulatory Agreement, and for fifty-five (55) years thereafter, Borrower by and for itself and any successors in interest, hereby covenants and agrees that upon completion of the Housing Project, the Borrower shall limit the rental of thirty (30) of the Housing Units (the “Affordable Units”) to persons or families who qualify as senior citizens under California Civil Code Section 51.3, as the same may be amended from time to time, and whose income does not exceed 30% of the Area Median Income (the “Eligible Households”). One unit in the Housing Project shall be a manager’s unit and shall be unrestricted so long as said manager’s unit is occupied by an on-site property manager. For purposes hereof, “Area Median Income” shall mean the area median income for Contra Costa County as published by the U.S. Department of Housing and Urban Development (HUD). The gross monthly rent (excluding any supplemental rental assistance from the State of California, the federal government or any other public agency to those tenants or on behalf of those units) for the Affordable Units shall not exceed one-twelfth of 30% of 30% of the Area Median Income, adjusted by household size appropriate for the unit. Notwithstanding the foregoing, rent levels for the Affordable Units will be established based on those required by the California Tax Credit Allocation Committee (TCAC) for Low Income Housing Tax Credit projects for Eligible Households as defined herein. During such period the other requirements of this Article 2 shall apply.

2.02 Reporting Requirements. An annual report and annual income recertifications must be submitted to the City for each of the Affordable Units. The reports, at a minimum, shall include:

A. The number of persons per unit;
B. Tenant name and initial occupancy date;

9.1.b
Packet Pg. 240 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
3 C. Gross income per year as certified by Borrower;
D. Rent paid per month and percent of rent paid in relation to income.

The annual reports and annual income recertifications submitted by Borrower shall be in the form as provided by City.

Annual income recertifications shall also contain those documents used to certify eligibility. City may from time to time during the term of this Regulatory Agreement request additional or different information and Borrower shall promptly supply such information in the reports required hereunder. Borrower shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by the City with respect to all matters covered by this Regulatory Agreement. Borrower, at such time and in such forms as City may require, shall furnish to City statements, records, reports, data and information pertaining to matters covered by this Regulatory Agreement. Upon reasonable advance request for examination by City, Borrower, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Regulatory Agreement. Borrower shall permit City to audit, examine and make excerpts or transcripts from these records at City’s sole cost.

City acknowledges that Borrower may be required to comply with certain reporting requirements as a condition to any Tax Credit Financing that may be obtained by Borrower for the Housing Project. City hereby agrees that, so long as said reporting requirements remain in effect, and Borrower fully complies with any such reporting requirements and provides a copy of all such reports to the City, Borrower will be deemed to have complied with the reporting requirements under this Article 2.

ARTICLE 3. PROVISION OF SERVICES AND MAINTENANCE OF PROPERTY

3.01 Maintenance. During the duration of this Regulatory Agreement, Borrower shall keep the Property in good condition, order and repair and shall not commit waste or permit impairment, demolition or deterioration of the Property; shall comply with all applicable state and federal regulations addressing the physical condition of the Property and buildings located on the Property and all applicable standards of the City of Pleasant Hill including but not limited to building standards, planning regulations, and utilities code; shall complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed and to pay when due all claims for labor performed and materials furnished; shall maintain the buildings in a habitable condition; and do all other acts which from the character or use of the Property may be reasonably necessary. City shall have the right to inspect the Property during normal business hours, provided Borrower and the occupant are given reasonable notice prior to any such inspection.

If, at any time, Borrower fails to maintain the Property, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of thirty (30) days from the date of written notice from City to Borrower, City may perform the necessary corrective maintenance, and Borrower shall pay such costs as are reasonably incurred for such maintenance. The City shall have the right to place

9.1.b
Packet Pg. 241 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
4 a lien on the Property should Borrower not reimburse City for such costs within sixty (60) days following City’s written demand to Borrower for reimbursement of such costs. Borrower, on behalf of itself its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Property to perform such maintenance during normal business hours after receipt of written notice from City as hereinabove described and Borrower’s failure to cure or remedy such failure within thirty (30) days of such notice. Any such entry shall be made only after reasonable notice to Borrower, and City shall indemnify and hold Borrower harmless from any claims or liabilities pertaining to any such entry by City.

ARTICLE 4. NO TRANSFERS

4.01 Permitted Transfers. Notwithstanding any other provision of this Regulatory Agreement to the contrary, City approval of an assignment or transfer of this Regulatory Agreement, the Loan, the Loan Agreement, or conveyance of the Property or any part thereof pursuant to Section 4.02 shall not be required in connection with any of the following (the “Permitted Transfers”):
(a) The conveyance or dedication of any portion of the Property to City or other appropriate governmental agency, or the granting of easements or permits, to facilitate the construction of the Housing Project;
(b) Any requested assignment for purposes of financing the construction of improvements upon the Property;
(c) Any mortgage, deed of trust, or other form of conveyance for all or any portion of any additional financing obtained by Borrower for the Housing Project, but Borrower shall notify City in advance of any such mortgage, deed of trust or other form of conveyance for financing pertaining to the Property;
(d) Any mortgage, deed of trust or other form of conveyance for restructuring or refinancing of any amount of indebtedness described in subsection (c) above; (e) A sale or transfer resulting from or in connection with a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a person or persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation; (f) Transfer of the Project to a tax credit partnership (a “Tax Credit Partnership”) in which (i) the original Borrower, or an entity owned or controlled by Borrower, serves as a manager or general partner, or (ii) a tax credit investor that is obligated to make capital contributions serves as the limited partner;
(g) (A) Sale, transfer, conveyance or pledge of limited partnership interests in the Tax Credit Partnership, or (B) the appointment by the partners of the Tax Credit Partnership of an additional or substitute co-general partner of managing general partner in accordance with

9.1.b
Packet Pg. 242 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
5 the partnership agreement of the Tax Credit Partnership; provided the Tax Credit Partnership delivers prior written notice thereof to the City;
(h) The transfer (A) of an interest in and/or of a partner in the Tax Credit Partnership to another existing partner of the Tax Credit Partnership, or (B) of an interest in a general partner of the Tax Credit Partnership to an affiliate of any general partner, or (C) of an interest in a general partner of the Tax Credit Partnership so long as such transfer, together with any prior transfer of an interest or interests in such general partner, do not result in more than fortynine percent (49%) of the interest in such general partner having been transferred since the date hereof;
(i) The lease of residential units at the Housing Project to Eligible Households; (j) Transfer of the Housing Project or partnership interests in the Tax Credit Partnership to a general partner of the Tax Credit Partnership at the end of the fifteen-year tax credit initial compliance period;
(k) The transfer of the partnership interest of a limited partner of the Tax Credit Partnership to another party, or the redemption of the limited partner of the Tax Credit Partnership’s interest in the Tax Credit Partnership provided that, prior to any such transfer, such limited partner of the Tax Credit Partnership has paid in full its capital contribution to the Tax Credit Partnership as and to the extent required in the Tax Credit Partnership’s partnership agreement;
In the event of a transfer by Borrower under subparagraphs (a) through (k), inclusive, above, not requiring City’s prior approval, Borrower nevertheless agrees that at least thirty (30) days prior to such assignment it shall give written notice to City of such transfer and satisfactory evidence that the transferee has assumed the obligations of this Regulatory Agreement, if applicable.

4.02 City Consideration of Requested Transfer. The City agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 4.02, provided (a) the Borrower delivers written notice to the City requesting such approval, and (b) the proposed assignee or transferee possesses comparable operational experience and capability, and comparable net worth and resources, as the proposed transferor or assignor, and (c) the assignee or transferee assumes the obligations of the Borrower under this Regulatory Agreement in a form which is reasonably acceptable to the City. Such notice shall be accompanied by evidence regarding the proposed assignee’s or purchaser’s qualifications and experience and its financial commitments and resources sufficient to enable the City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 4.02 and other criteria as reasonably determined by the City. The City shall approve or disapprove the request within thirty-five (35) days of its receipt of the Borrower’s notice and all information and materials required herein. In no event, however, shall the City be obligated to approve the assignment or transfer of the Loan, Promissory Note or Deed of Trust pursuant to this Section 4.02, except to an approved transferee or assignee of the Borrower’s rights in and to the Housing Project.

9.1.b
Packet Pg. 243 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
6 4.03 Successors and Assigns. This Regulatory Agreement shall run with the land, and all of the terms, covenants and conditions of this Regulatory Agreement shall be binding upon the Borrower and the permitted successors and assigns of the Borrower. Whenever the term “Borrower” is used in this Regulatory Agreement, such term shall include any other permitted successors and assigns as herein provided. In the event of a transfer or assignment under this Article 4, all rights and obligations of the transferor Borrower shall be assumed by the transferee Borrower and the transferor Borrower shall have no further obligation or liability under this Regulatory Agreement.

ARTICLE 5. MANAGEMENT

5.01 During the term of this Regulatory Agreement, Borrower shall promptly notify the City in the event there is any change in the property management company managing the Housing Project. Borrower shall submit a copy of such agreement to the City, provided the City shall not have the right to approve or disapprove such agreement except to ensure compliance of such agreement with the provisions of this Regulatory Agreement.

ARTICLE 6. NO DISCRIMINATION

6.01 Borrower covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Borrower itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Notwithstanding the above, with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to this Section.

ARTICLE 7. NONDISCRIMINATION CLAUSES

7.01 All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clauses:

A. In deeds: Borrower herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,

9.1.b
Packet Pg. 244 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
7 tenure or enjoyment of the land herein conveyed, nor shall the Borrower himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.

Notwithstanding the foregoing, with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above.

B. In leases: The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.

C. In contracts: There shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land.

9.1.b
Packet Pg. 245 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
8 ARTICLE 8. NO IMPAIRMENT OF LIEN

8.01 No violation or breach of the covenants, conditions, restrictions, provisions or limitation contained in this Regulatory Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted under the Loan Agreement and this Regulatory Agreement; provided, however, that any successor of Borrower to the Property shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

ARTICLE 9. GENERAL

9.01 Notices to City. Notices required to be sent to the City hereunder shall be sent by certified mail, return receipt requested, to the following address as may change from time to time:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attn.: City Manager

9.02 Notices to Borrower. Notices required to be sent to Borrower hereunder shall be sent by certified mail, return receipt requested, to the following address as may change from time to time:

Satellite Affordable Housing Associates
1835 Alcatraz Avenue
Berkeley, CA 94703
Attn.: Chief Executive Officer

9.03 Duration. The covenants set forth in Articles 1, 2 and 3 herein shall be covenants running with the land until fifty-five (55) years from the date of recordation of this Regulatory Agreement against the Property. The covenants set forth in Articles 6 and 7 shall be covenants running with the land in perpetuity. All the covenants contained herein shall inure to the benefit of the City of Pleasant Hill and its successors and assigns and are enforceable by the City of Pleasant Hill or its successors or assigns, without regard to whether the City is an owner of any land or interest to which such covenants relate. The City and such aforementioned parties, in the event of any breach of any such covenants contained herein, following the expiration of all applicable notice and cure periods shall have the right to exercise all of its rights and remedies allowed by law and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants and agreements established in this Regulatory Agreement, without regard to technical classification and designation, shall be binding upon all parties having any right, title, or interest in the Property, or any portion thereof and on their heirs, successors in interest and assigns until the covenants terminate. The parties agree that all future deeds or transfers of interest shall show the applicable restrictions of this Regulatory Agreement

9.1.b
Packet Pg. 246 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
9 and, during the duration of this Regulatory Agreement, any transfer of the Property shall be subject to the terms and conditions of this Regulatory Agreement.

9.04 Successors and Assigns. Borrower, by and for itself and each successor to any interest in the Property, hereby specifically acknowledges and agrees to be bound by the covenants contained herein.

9.05 Amendment. This Regulatory Agreement may be amended only in writing by the City and the owner of the Housing Project.

9.06 Non-Liability of Officials and Employees of the City and the Borrower. No member, official or employee of the City shall be personally liable to the Borrower, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Borrower or its successors, or on any obligations under the terms of this Regulatory Agreement.

9.07 Relationship Between City and Borrower. It is hereby acknowledged that the relationship between the City and the Borrower is not that of a partnership or joint venture and that the City and the Borrower shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, the City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Improvements. The Borrower agrees to indemnify, hold harmless and defend the City from any claim made against the City arising from a claimed relationship of partnership or joint venture between the City and the Borrower with respect to the development, operation, maintenance or management of the Property or the Housing Project.

9.08 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager or his or her designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise.

9.09 Counterparts. This Regulatory Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Regulatory Agreement is executed in three (3) originals, each of which is deemed to be an original.

9.10 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Regulatory Agreement or of any of its terms. References to section numbers are to sections in this Regulatory Agreement, unless expressly stated otherwise.

9.11 Interpretation. As used in this Regulatory Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Regulatory Agreement shall be interpreted as though prepared jointly by both parties.

9.1.b
Packet Pg. 247 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
10 9.12 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Regulatory Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Regulatory Agreement.

9.13 Modifications. Any alteration, change or modification of or to this Regulatory Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

9.14 Severability. If any term, provision, condition or covenant of this Regulatory Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Regulatory Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

9.15 Computation of Time. The time in which any act is to be done under this Regulatory Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any, act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.

9.16 Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Regulatory Agreement, and in signing this Regulatory Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Regulatory Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Regulatory Agreement, and, they have freely signed this Regulatory Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Regulatory Agreement, and without duress or coercion, whether economic or otherwise.

9.17 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Borrower of each and every obligation and condition of this Regulatory Agreement.

9.18 Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Regulatory Agreement including, but not limited to, releases or additional agreements.

9.19 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Regulatory Agreement, nor shall any such member, official or employee participate in any decision relating to the Regulatory Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.

9.1.b
Packet Pg. 248 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
11 9.20 Governing Law. This Regulatory Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Contra Costa County.

9.21 Date of Regulatory Agreement. The date of this Regulatory Agreement shall be the date set forth in the first paragraph hereof.

Date:__________________

CITY OF PLEASANT HILL
_____________________________________
City Manager
“CITY”
APPROVED AS TO FORM:
______________________________
City Attorney

SATELLITE AFFORDABLE HOUSING

ASSOCIATES,
a California nonprofit corporation
By:

Susan Friedland
Its: Chief Executive Officer
“BORROWER”

9.1.b
Packet Pg. 249 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
12 1345199v1 05026/0036
EXHIBIT A to

AFFORDABLE HOUSING REGULATORY AGREEMENT
Legal Description of Property
[to be inserted]3

3 Exhibit to be agreed following subdivision of the property; this legal description will be limited to that portion of the subdivided property on which the housing is to be constructed.

9.1.b
Packet Pg. 250 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
13 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me, , Notary Public
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

9.1.b
Packet Pg. 251 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit D
14 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me, , Notary Public
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

9.1.b
Packet Pg. 252 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit E
1 EXHIBIT E

ASSIGNMENT OF AGREEMENTS, PLANS AND SPECIFICATIONS,
AND APPROVALS ("ASSIGNMENT")
FOR VALUE RECEIVED, the undersigned, SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California nonprofit corporation (collectively, the "Borrower"), hereby assigns and transfers to the CITY OF PLEASANT HILL, a California municipal corporation (the "City"), all of its right, title and interest in and to:
(1) All architectural, design, engineering, and construction contracts and Housing Project agreements, and any and all amendments, modifications, supplements, addenda and general conditions thereto (collectively "Agreements"), heretofore or hereafter entered into by any Contractor (as defined below); (2) All plans and specifications, shop drawings, working drawings, amendments, modifications, changes, supplements, general conditions and addenda thereto (collectively "Plans and Specifications") heretofore or hereafter prepared by any Contractor (as defined below); and
(3) All Land Use Approvals, building permits, and other governmental approvals of any nature obtained for the Housing Project (collectively, the "Land Use Approvals").

This Assignment is made pursuant to the terms of the Amended and Restated Predevelopment Loan Agreement, dated as of ___________________, 2022, entered into between the Borrower and the City (the "Agreement"). Capitalized terms used but not defined in this Assignment shall have the meanings set forth in the Agreement. The Site with respect to which the City has made the Loan to the Borrower under Section 1.1 of the Agreement is described in Exhibit A attached to this Assignment.

For purposes of this Assignment, the term "Contractor" means any architect, construction contractor, engineer or other person or entity entering into Agreements with the Borrower and/or preparing Plans and Specifications for the Borrower with respect to the Housing Project.

The Borrower hereby irrevocably appoints the City as its attorney-in-fact (which agency is coupled with an interest) to, upon the occurrence of default or an event which, with notice or the passage of time or both would constitute a default under the Agreement, demand, receive, and enforce any and all of the Borrower's rights with respect to the Plans and Specifications, Agreements, Land Use Approvals, and perform any and all acts in the name of the Borrower or in the name of the City with the same force and effect as if performed by the Borrower in the absence of this Assignment.

The Borrower represents and warrants to the City that no previous assignment(s) of its rights or interest in or to the Plans and Specifications, Agreements and Land Use Approvals have

9.1.b
Packet Pg. 253 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit E
2 been made. So long as the City holds or retains any security interest under the Agreement, the Borrower agrees not to assign, sell, pledge, transfer, mortgage, or hypothecate (without written approval of the City Manager) its rights or interest in the above-referenced documents to any entity other than a lender except in accordance with the Agreement and related documents referred to therein.

This Assignment is made to secure: (1) payment to the City of all sums now or hereafter owing under the Agreement dated as of the date hereof made by the Borrower to the order of the City, and any and all additional advances, modifications, extensions, renewals and amendments thereof; and (2) performance by the Borrower of all its obligations under the Agreement.

This Assignment shall be governed by the laws of the State of California, except to the extent that federal laws preempt the laws the State of California, and the Borrower consents to the jurisdiction of any Federal or State Court within the State of California having proper venue for the filing and maintenance of any action arising hereunder and agrees that the prevailing party in any such action shall be entitled, in addition to any other recovery, to reasonable attorneys' fees and costs.

This Assignment shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns, and successors-in-interest of the Borrower and the City; provided, however, this shall not be construed and is not intended to waive the restrictions on assignment, sale, transfer, mortgage, pledge, hypothecation or encumbrance by the Borrower contained in the Agreement.

Attachment No. 1 and the Architect's/Engineer's Consent is attached hereto and incorporated herein by reference.

9.1.b
Packet Pg. 254 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit E
3 BORROWER:

SATELLITE AFFORDABLE HOUSING
ASSOCIATES, a California nonprofit
corporation
By:___________________________
Susan Friedland
Its: Chief Executive Officer
CITY:

CITY OF PLEASANT HILL, a California
municipal corporation
By:___________________________
City Manager

9.1.b
Packet Pg. 255 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit E
4 ARCHITECT'S/ENGINEER'S CONSENT
The undersigned architect and/or engineer (collectively referred to as "Architect") hereby consents to the foregoing Assignment of Agreements, Plans and Specifications, and Approvals ("Assignment"), of which this Architect's/Engineer's Consent ("Consent") is a part, and acknowledges that there presently exists no unpaid claims presently due to the Architect except as disclosed to the City arising out of the preparation and delivery of the Plans and Specification to the Borrower and/or the performance of the Architect's obligations under the Agreements, as the term "Agreements" is defined in the Assignment.

Architect agrees that if, at any time, the City, as the owner of the Site, or, pursuant to its rights under the Agreement, elects to undertake or cause the completion of construction of the improvements on the Site, in accordance with the Plans and Specifications, and gives Architect written notice of such election; then so long as the Architect has received, receives or continues to receive the compensations called for under the Agreements, the City may, at its option, use and rely on the Plans and Specifications for the purposes for which they were prepared, and Architect will continue to perform its obligations under the Agreements for the benefit and account of the City in the same manner as if performed for the benefit or account of the Borrower in the absence of this Assignment.

Architect further agrees that, in the event of a breach by the Borrower of the Agreements, or any agreement entered into with Architect in connection with the Plans and Specifications, so long as the Borrower's interest in the Agreements and Plans and Specifications is assigned to the City, Architect will give written notice to the City at the address shown below of such breach.

The City shall have thirty (30) days from the receipt of such written notice of default to remedy or cure said default; provided, however, nothing herein shall require the City to cure said default or to undertake completion of construction of the improvements.

Architect warrants and represents that it/he/she has no knowledge of any prior assignment(s) of any interest in either the Plans and Specifications and/or the Agreements.

Except as otherwise defined herein, the terms used herein shall have the meanings given them in the Assignment or the Agreement, as applicable.

9.1.b
Packet Pg. 256 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit E
5 Executed on __________________, 20__.

ARCHITECT:
_____________________________
Architect's Address:
_______________________ By: ________________________
_______________________ Its: _______________________
_______________________
City’s Address:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attention: City Manager

9.1.b
Packet Pg. 257 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
1 EXHIBIT F

FORM OF COLLATERAL ASSIGNMENT OF

MEMORANDUM OF UNDERSTANDING AND OPTION TO GROUND LEASE

COLLATERAL ASSIGNMENT
(MEMORANDUM OF UNDERSTANDING AND OPTION TO GROUND LEASE)

THIS COLLATERAL ASSIGNMENT (MEMORANDUM OF UNDERSTANDING AND OPTION TO GROUND LEASE) (this "Assignment") is made as of __________, 2022, by SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California non-profit corporation ("Assignor"), in favor of CITY OF PLEASANT HILL, a California municipal corporation ("City").

RECITALS
A. Pursuant to the terms of that certain Amended and Restated Predevelopment Loan Agreement dated as of ____________, 2022, between Assignor and City (the "Loan Agreement"), City has agreed to provide a loan to Borrower in the maximum principal amount of Seven Hundred Thirty-Six Thousand Dollars ($736,000) (the "Loan"). The Loan is, or will be, evidenced by that certain Amended and Restated Promissory Note [Predevelopment Loan] dated as of ____________, 2022 (the "Note") executed by Assignor to the order of City in the face principal amount of Seven Hundred Thirty-Six Thousand Dollars ($736,000). The City is making the Loan to Assignor to fund certain predevelopment costs incurred in connection with the development of a senior housing development consisting of approximately eighty-two (82) multi-family rental units, of which not less than thirty (30) shall be affordable to extremely low income households, including parking and other amenities (the “Housing Project”) on a portion of that certain property located at 490 Golf Club Road, Pleasant Hill, California (APN 153-030- 004-3) (the “Site”), which property is currently owned by Choice in Aging, a California nonprofit corporation (“CiA”).

B. In furtherance of the development of the Housing Project, CiA entered into that certain “Amended and Restated Memorandum of Understanding by and between Satellite Affordable Housing Associates and Choice in Aging (Proposed Mixed Use Development in Pleasant Hill, CA)” dated as of July 30, 2020 (the “MOU”) with Assignor, pursuant to which CiA and Assignor agreed that Assignor would have lead responsibility for development of the Housing Project. The MOU anticipates that Assignor will establish a limited partnership in which Assignor or an affiliate of Assignor will serve as general partner (the “Partnership”) for purposes of securing low income housing tax credit financing for the development of the Housing Project, and that the Partnership will ground lease a portion of the Site that is generally located in the area identified as Parcel “C” on the map attached hereto as Exhibit A (the “Housing Site”) from CiA.

C. In furtherance of the Housing Project and consistent with the terms of the MOU, CiA and Assignor additionally entered into that certain Option to Ground Lease dated as of

9.1.b
Packet Pg. 258 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
2 August 25, 2020 (the “Option” or the “Option Agreement”) pursuant to which CiA granted to Borrower an option to ground lease the Housing Site, pursuant to certain terms and conditions as more specifically set forth in the Option.

D. It is a condition of City making the Loan and entering into the Loan Agreement that this Assignment is executed by Assignor and delivered to City. It is further a condition of City that the Consent and Agreement of CiA (the ("Consent") be obtained in the form and content set forth as Exhibit B hereto, and that the executed Consent be attached hereto by Assignor and delivered to City together with the executed Assignment.

NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce City to make the Loan and enter into the Loan Agreement, Assignor hereby agrees in favor of City as follows:

1. Collateral Assignment. In order to induce City to make the Loan and enter into the Loan Agreement, Assignor hereby collaterally assigns to City, and grants to City a lien and security interest in and to, any and all of Assignor's rights, interests, claims, privileges and entitlements of any type or nature whatsoever under the MOU and the Option (“Assignor’s Rights”), for the purpose of securing (i) the payment of all indebtedness and the performance of all obligations of Borrower under the Loan Agreement, the Note and all other Loan Documents, as the same may be amended, extended, renewed or modified from time to time, and (ii) all future obligations of Borrower to City which are evidenced by written document(s) which recite that they are an obligation of Borrower secured by this Assignment.

2. Exercise of Assignor's Rights. So long as no Default (as defined in Section 5.1 below) has occurred and is continuing, Assignor shall be entitled to exercise all of the Assignor's Rights, subject to the provisions in this Assignment and in the Loan Agreement. Upon the occurrence of a Default, Assignor shall have no right to exercise any of the Assignor's Rights, and City shall have the absolute right to do so.

3. Covenants. Assignor covenants and agrees as follows:

A. At Assignor's sole cost to: (i) perform all covenants, representations, terms, obligations and agreements of Assignor under the MOU and the Option Agreement so as to protect Assignor's Rights and otherwise prevent a default by Assignor thereunder; (ii) enforce, or secure the performance by the other parties (i.e., other than Assignor), if any, to the MOU and Option Agreement, of the covenants, representations, terms, obligations and agreements contained in the MOU and Option Agreement; (iii) except as prohibited by any other provision hereof, enforce and secure all remedies available to Assignor under the MOU and Option Agreement; (iv) give prompt notice to City and deliver to City complete copies of any notice of default with respect to the MOU or the Option Agreement, whether the default be of CiA, Assignor or any other party to the MOU or Option Agreement; and (vi) execute and record such additional assignments of the Assignor's Rights, in form and substance reasonably acceptable to City, as City may reasonably request.

9.1.b
Packet Pg. 259 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
3 B. Except with City’s prior written consent, not to: (i) execute any other transfer, assignment, or further encumbrance of the Assignor's Rights; (ii) create, suffer or permit any release, abatement or reduction of the material obligations and duties of CiA or any other party to the MOU or Option Agreement or any material right of Assignor under the MOU or Option Agreement with respect to the Housing Project or the Site, or excuse any material delay or failure of performance of any of the obligations, terms, covenants, agreements, undertakings, representations, or warranties of CiA or any other party to the MOU or Option Agreement; or (iv) terminate, modify or amend the MOU or Option Agreement or in any manner release or discharge CiA or any other party to the MOU or Option Agreement from any material obligations, covenants, conditions, terms, undertakings, representations, warranties or agreements to be performed by such party under the MOU or Option Agreement. Any such attempted action without City’s prior written consent shall be null and void.

4. Representations and Warranties. Assignor represents and warrants as of the date hereof that:

A. The MOU and the Option Agreement are both in full force and effect and is enforceable in accordance with its terms (except to the extent enforceability may be affected or limited by applicable bankruptcy, insolvency or other similar debtor relief laws and by general principles of equity), and to the best of Assignor's knowledge and belief, no breach or default, or event which would constitute such a breach or default after notice or the passage of time, or both, of any of the terms, covenants, obligations, undertakings, representations, warranties, agreements or conditions exist with respect to the MOU or the Option Agreement; and B. Assignor's Rights have not been encumbered, transferred or assigned to any person or entity.

5. Default and Remedies.

A. Default. "Default" shall mean (i) the existence of any “Default” as defined in Section 4.1 of the Loan Agreement, or (ii) a breach of any covenant, agreement, term, condition, obligation, representation, warranty or undertaking of Assignor contained in this Assignment which breach is not cured within thirty (30) days after written notice to Assignor and Borrower from City, or (iii) a breach of any covenant, agreement, term, condition, obligation, representation, warranty or undertaking of Assignor under the MOU or the Option Agreement which breach is not cured within thirty (30) days after written notice to Assignor from CiA.

Notwithstanding the above, any cure period stated above may be shortened or eliminated by City if City in good faith deems it necessary to exercise any remedy under Section 5.2 below before the expiration of the thirty (30) day period stated above in order to prevent a termination or loss of rights under the MOU or the Option Agreement.

B. Remedies. In addition to any and all remedies contained in the Loan Agreement, in the event of a Default, City shall have the rights and remedies set forth below and may exercise such rights and remedies at Assignor's sole cost and expense prior to, simultaneously with or subsequent to the exercise of any rights and remedies under the Loan Agreement either in person or by its agent, with or without bringing any action or proceeding or having a receiver appointed by a court, without regard to the adequacy of the security for the

9.1.b
Packet Pg. 260 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
4 obligations secured by this Assignment and the Loan Agreement and without releasing either Borrower or Assignor from any obligations under this Assignment and the Loan Agreement:
i. if CiA is in default thereunder, beyond any notice and cure periods, sue for enforcement of the MOU or Option Agreement and to settle and compromise the same; and
ii. perform all acts required of Assignor under the MOU and/or the Option Agreement; and
ii. act in Assignor's place and stead under the MOU and/or Option Agreement in all respects, including but not limited to, the making of all elections on behalf of Assignor and the giving of notices on behalf of Assignor. Assignor hereby irrevocably appoints City as Assignor's true and lawful attorney in fact to do all acts and execute any and all documents necessary or convenient to accomplish the foregoing.

C. Notice. Until City notifies CiA that the Loan is paid in full, CiA and all other parties to the MOU and Option Agreement are hereby irrevocably authorized and notified to rely upon and comply with (and shall be fully protected in so doing) any notice or demand by City for the performance of any of the City's or such other party's undertakings under the MOU and Option Agreement, and the City and all other parties to the MOU and Option Agreement shall have no duty to inquire as to whether any Default has actually occurred or is then existing.

6. Exculpation and Indemnification. This Assignment shall not cause City to be responsible or liable for performing any of the terms, agreements, undertakings, obligations, representations, warranties, covenants or conditions of the MOU or the Option Agreement. City shall not, directly or indirectly, be liable to Assignor or any other person as a consequence of: (a) the exercise of the rights, remedies or powers granted to City in this Assignment; (b) the failure or refusal of City to perform or discharge any obligation, duty or liability of Assignor under the MOU or the Option Agreement or by reason of this Assignment; or (c) any loss sustained by Assignor or any third party resulting from any act or omission of City in managing the Housing Project, the MOU or the Option Agreement after a Default; and no such liability shall be asserted or enforced against City, all such liability being expressly waived and released by Assignor.

Assignor hereby indemnifies and holds City harmless from and against any and all such liability, loss, damage, cost or expense (including reasonable attorneys' fees) which City might incur or suffer under the MOU or the Option Agreement or by reason of this Assignment, and of and from any and all claims and demands whatsoever, which may be asserted against City by reason of any alleged undertakings, obligations, representations, warranties, conditions, covenants or agreements contained in the MOU or the Option Agreement, except to the extent caused by the gross negligence or willful misconduct of City. Should City incur or suffer any liability, loss, damage, cost or expense (including attorneys' fees) under the MOU or Option Agreement or by reason of this Assignment, or in the defense of any such claims or demands, the amount of such liability, loss, damage, cost, expense and reasonable attorneys' fees shall be secured by this Assignment, and Assignor agrees to pay the same to City upon demand by City.

7. Miscellaneous.

9.1.b
Packet Pg. 261 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
5 A. Notices. Any notices required to be sent under this Assignment shall be sent or delivered in accordance with the requirements of and to the addresses set forth in Section 6.1 of the Loan Agreement.

B. Successors and Assigns. The terms of this Assignment shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

C. Further Assurances. The parties hereto shall, upon the request of any party, execute, acknowledge and deliver such further instruments and perform such other acts as may be necessary, desirable or proper to carry out the purposes of this Assignment.

D. Attorneys' Fees. If any action or proceeding is brought by any party to enforce or construe a provision of this Assignment, the unsuccessful party or parties in such action or proceeding, whether or not such action or proceeding is settled or prosecuted to final judgment, shall pay all reasonable attorneys' fees and costs incurred by the prevailing party.

E. Time. Time is of the essence of each term of this Assignment.

F. Headings. All headings appearing in this Assignment are for convenience only and shall be disregarded in construing this Assignment.

G. Law. This Assignment shall be governed by, and construed in accordance with, the laws of the State of California, except to the extent Federal laws preempt the laws of the State of California.

H. Waiver. No exercise of any right or remedy hereunder shall preclude the exercise of any other right or remedy or the later exercise of the same right or remedy. Waivers and approvals under this Assignment shall be in writing, and unless otherwise expressly stated waivers and approvals shall apply only to the specific circumstances addressed.

I. Termination of Assignment. Upon the performance of all obligations secured by this Assignment, this Assignment shall be void and of no effect; but the affidavit of any officer of City stating that any such obligations have not been performed shall be conclusive evidence of the validity, effectiveness and continuing force of this Assignment, and any person may, and is hereby authorized to, rely upon any such affidavit.

J. Other Security. City may take or release other security for the performance of the obligations secured by this Assignment and City may release any party primarily or secondarily liable for the performance of any such obligations and may apply any other security held by City in connection with the Loan to the satisfaction of such obligations all without prejudice to any of City's rights under this Assignment.

K. Estoppel Certificate. Within ten (10) business days after request by City, Assignor shall deliver to City, and to any party designated by City, an estoppel certificate executed by Assignor, in recordable form, certifying that this Assignment and the Subdivision Improvement Agreement are in full force and effect, that there are no defaults under the Subdivision Improvement Agreement or specifically setting forth any claimed defaults, as the case may be, and any other information reasonably requested by City.

9.1.b
Packet Pg. 262 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
6 L. Entire Agreement; Incorporation. This Assignment contains or expressly incorporates by reference the entire and exclusive agreement of the parties (except for any applicable provisions in the Loan Agreement) with respect to the matters contemplated herein, and this Assignment shall not be amended or modified in any way except by written instrument which is executed by all parties hereto. Exhibits A and B each as attached to this Assignment, are incorporated into and made a part of this Assignment.

M. Severability. If any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and the remaining provisions hereof shall not in any way be impaired, and there shall be substituted for the invalid, illegal or unenforceable clause, the most comparable provision which is valid, legal or enforceable, it being intended that all of the parties' respective rights and obligations hereunder shall be enforceable to the fullest extent permitted by law.

N. Counterparts. This Assignment and the attached Consent may be executed in any number of counterparts which shall constitute one agreement. Counterpart signature pages may be compiled into one or more original documents for recordation or otherwise. [Remainder of Page Left Intentionally Blank]

9.1.b
Packet Pg. 263 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
7 IN WITNESS WHEREOF, Assignor have executed this Assignment in favor of City as of the date first above written.

Assignor:

SATELLITE AFFORDABLE HOUSING
ASSOCIATED, a California non-profit corporation
By: ________________________________
Name: Susan Friedland
Its: Chief Executive Officer
Consented to and acknowledged by:

City:

CITY OF PLEASANT HILL, a California
municipal corporation
By:
_______________________________
_
June Catalano, City Manager

9.1.b
Packet Pg. 264 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F 8

EXHIBIT A

MAP OF HOUSING SITE
[Parcel C in map attached behind this cover page]

9.1.b
Packet Pg. 265 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F 9

9.1.b
Packet Pg. 266 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
10 EXHIBIT B

CONSENT AND AGREEMENT OF CHOICE IN AGING
This Consent and Agreement of Choice in Aging (this "Consent") is made by CHOICE IN AGING, a California non-profit corporation ("CiA") and is attached to that certain Collateral Assignment (Memorandum of Understanding and Option Agreement) dated as of __________, 2022 (the "Assignment"), made by SATELLITE AFFORDABLE HOUSING ASSOCIATES, a California non-profit corporation ("Assignor"), in favor of CITY OF PLEASANT HILL, a California municipal corporation ("City"). All capitalized terms used, but not defined, in this Consent shall have the same meanings as in the Assignment. CiA hereby agrees with City as follows:

1. Consent to Collateral Assignment. CiA hereby consents to the Assignment. CiA acknowledges and agrees that the Assignment to City is for security, and that City is not assuming and shall not be required to assume any obligations under the MOU or the Option Agreement by virtue of the Assignment, including without limitation by virtue of (i) any actions taken by City to cure any default of Assignor under the MOU or Option Agreement, or (ii) any predevelopment or development activities undertaken by City in furtherance of the Housing Project in the event of a default under the Loan Agreement or the Assignment, it being City’s intention in such event to assign the rights under the MOU and the Option Agreement to a third party. Following a Default under the Assignment and failure to cure by Assignor, City may, at its option, assume, perform and abide by all of the terms of the MOU and Option Agreement to be done, kept and performed by Assignor. Without limiting CiA’s rights to require performance of the covenants and conditions contained in the MOU and the Option Agreement, City shall not be liable to CiA or any other person for any default or breach by Assignor under the MOU or Option Agreement.

2. Transfers Following Default and Rights of City. Assignor’s granting of the Assignment to City, and any assumption of the MOU and Option Agreement by City or a third party designated by City following a Default by Assignor, shall not constitute a violation of any provision of the MOU or the Option Agreement; provided, any such third party designated by the City must have reasonable prior experience with design and construction oversight of affordable housing projects in Contra Costa County (or in another nearby county reasonably acceptable to CiA), as well as prior experience with the City’s review and permitting process for affordable housing projects. In connection with or following a Default by Assignor under the Assignment, CiA shall not unreasonably withhold its approval to any proposed assignment and assumption of Assignor's rights and obligations under the MOU and Option Agreement; provided the assignee agrees, in writing for the benefit of CiA, to assume, to perform and to abide by all of the terms, covenants and conditions of the MOU and Option Agreement to be done, kept and performed by Assignor.

3. Extension of MOU and Option Terms. Upon assumption of Assignor’s rights and obligations under the MOU and the Option Agreement by City or any third party assignee designated by City in accordance with this Consent, the deadline for Assignor to receive commitments for all financing necessary to construct the Housing and begin construction as set

9.1.b
Packet Pg. 267 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
11 forth in Section 10.A(v) of the MOU, and the expiration date of the Option Term as set forth in Section 2(a) of the Option Agreement shall both automatically and without any further action by the parties be extended to December 31, 2025.

4. Estoppel; Further Amendments. CiA certifies to City that (i) the MOU and the Option Agreement are both in full force and effect and have not been amended, (ii) there are no currently effective notices of default given or received by any party under either the MOU or the Option Agreement, and to CiA’s actual knowledge there are no events or conditions that would constitute a default under either the MOU or the Option Agreement with the giving of notice or the passage of time or both, and (iii) as of the date of this Consent, Assignor has fully satisfied all of its current obligations required under both the MOU and the Option Agreement. Any future amendments to the MOU or the Option Agreement will require the written consent of City. As used herein, the “knowledge” or “actual knowledge” of CiA means the current actual knowledge of Debbie Toth.

5. Notice and Cure Right. CiA shall send a copy of any notice of default or similar statement with respect to the MOU or the Option Agreement to City at the same time such notice or statement is sent to Assignor. In the event of any act or omission by Assignor which would give CiA the right to exercise any of its rights or remedies under the MOU or the Option Agreement, CiA shall not exercise any such right or make any such claim until it has given City written notice of such act or omission and has given City the following applicable cure period to remedy such default: (i) with respect to monetary defaults, fourteen (14) days after the expiration of Assignor's cure period with respect to such monetary default; or (ii) with respect to nonmonetary defaults, sixty (60) days after the expiration of Assignor's cure period with respect to such nonmonetary default, provided that if City commences a cure of such nonmonetary default within the prescribed period, and thereafter diligently pursues such cure to completion, the cure period shall be extended for a period not to exceed an additional ninety (90) days, to provide City sufficient time to complete such cure. Nothing in this Consent, however, shall be construed as a promise or undertaking by City to cure any default of Assignor.

All notices to City shall be given to the following address (or any other address of which City has notified CiA in writing) by certified mail or commercial courier (in each case, with proof of, delivery requested):

City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attn: City Manager
CiA: Choice in Aging
490 Golf Club Road
Pleasant Hill, CA
Attn: Debbie Toth

9.1.b
Packet Pg. 268 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit F
12 Executed on __________________, 2022.

CHOICE IN AGING,
a California non-profit corporation
By: ______________________________
Its: ______________________________

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Packet Pg. 269 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement) Exhibit G
1 EXHIBIT G

PREDEVELOPMENT COSTS AND BUDGET
The following are the Predevelopment Costs approved by the City to be paid with proceeds of the Loan. Any costs in addition to those set forth below shall be subject to approval by the City.

ARCHITECTURAL FEES
Architecture $260,000
ARCHITECTURAL FEES TOTAL $260,000

ENGINEERING & ENVIRONMENTAL
Survey and Civil Engineering $75,000
Geotechnical Engineering $10,000
Enviro Assessment & Testing $5,000
Arborist $5,000
ENGINEERING & ENVIRONMENTAL TOTAL $95,000

OTHER COSTS
Entitlements $144,000
Community Engagement $1,000
OTHER COSTS TOTAL $145,000

GRAND TOTAL
$500,000

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Packet Pg. 270 Attachment: Exhibit A - Amended and Restated Predevelopment Loan Agreement (Satellite Affordable Housing Associates Loan Agreement)

CITY COUNCIL STAFF REPORT
Meeting Date: March 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO. __-22 AND INTRODUCE ORDINANCE NO. ____ FOR ADOPTION OF CITYWIDE

RESIDENTIAL OBJECTIVE DESIGN STANDARDS AND RELATED

ORDINANCE AMENDMENTS

SYNOPSIS
This proposal is to adopt Citywide Residential Objective Design Standards and various amendments to the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18) to enact these standards. The proposal is necessary in order to comply with changes to State law that limit design review of certain qualifying residential projects to the application of objective design standards. The Architectural Review and Planning Commissions reviewed the proposed standards and recommended approval to the City Council.

DISCUSSION
Part of the residential streamlining enacted by the State relates to design and development review for certain qualifying project proposals. Revision of the City’s existing guidelines to incorporate new objective design standards ensures that the aesthetics of qualifying housing development projects eligible for streamlined review pursuant to State law will complement the existing character of Pleasant Hill. Revising existing standards provides the City a unique opportunity to incorporate new standards that may further enhance the City’s design character.

The Architectural Review Commission (ARC) held a study session on July 1, 2021, to discuss potential revisions (and additions) of objective design standards. The Commission provided input and feedback on draft standards that were prepared in collaboration with City staff and the City’s consultant (Mintier Harnish). The draft was prepared after careful review of the existing Citywide Design Guidelines and conversion of applicable residential guidelines into objectively worded design standards. The Commission provided extensive input and feedback on potential revisions to staff and the City consultant.

At the November 18, 2021 ARC meeting, City staff and the consultant revised the proposed objective design standards based on input at the study session. The Commission recommended approval of the standards to the Planning Commission and City Council but could not come to consensus on three standards discussed later in the staff report.

9.2 Packet Pg. 271
At the January 11, 2022 Planning Commission (PC) meeting, the revised objective design standards and the accompanying proposed ordinance amendment were presented and reviewed.

The PC recommended approval of the design standards and ordinance amendment with specific recommendations on the design guidelines that did not achieve consensus at the ARC meeting.

Analysis
A. Citywide Residential Objective Design Standards
The existing 2017 Citywide Residential Design Guidelines provide applicants and City staff design guidance for proposed residential development projects. Used in conjunction with the Zoning Ordinance, this document provides a common basis for the evaluation of design during the project approval process. The current Design Guidelines incorporate subjective language and provide design recommendations using words such as “should” and “encourage” that leave room for interpretation. Standards that are written objectively use words like “shall” and “must”; they involve no personal or subjective judgement.

The process of converting select guidelines applicable to single-family and multifamily development to objective design standards included an analysis of the existing Design Guidelines to identify existing subjective language (words such as “should,” and “encourage”). Staff, in coordination with the City consultant, then drafted new objective design standards using less permissive language to create measurable, “yes-or-no” standards. Both the design guidelines and new objective design standards will apply to all residential projects; however, for those projects that qualify for expedited, ministerial review pursuant to State law, the objective design standards will be the only design criteria applicable. There is an exception to this rule: applicants seeking exceptions to any applicable objective design standards must forgo streamlined review and abide by the City’s discretionary design review process. The project would then be subject to the review and approval of the Architectural Review Commission.

The primary changes as part of the creation of the objective design standards focused on several existing topical areas where the City previously adopted design guidelines in 2017. Where applicable, objective design standards were converted to objective, quantifiable, standards. Below is an example of an existing Scale and Massing Design Guideline and the new equivalent Design Standard:

9.2 Packet Pg. 272
As part of this conversion process, not all design guidelines translated cleanly to objective design standards, which left some sections within the Citywide Design Guidelines and Objective Design Standards (2021) document without equivalent design standards. The topical areas that do include design standards are:
 Accessory Dwelling Units
 Infill Projects
 Subdivision
 Hillside Residential
 Environmental Sustainability
 Public Improvements
 Signs
A strike-out version of the Design Guidelines and Standards are provided that includes proposed new text in blue and pink and proposed strike-out text in red (Attachment B) and a clean version is provided as Attachment C.

B. Zoning Ordinance Amendment
To ensure compliance with objective design standards, all applicable residential projects that qualify for streamlined review pursuant to state law will be reviewed by the City Planning staff. Qualifying residential projects that comply with the Objective Design Standards will advance without the requirement for discretionary approval to the Building Permit application process, while qualifying residential projects that fail to meet Existing Design Guideline
 Architectural elements of new
residential buildings should be designed
to reduce the mass of large structures
and provide a pedestrian scale to the
buildings.
 The scale of the building should relate
to the pedestrian with complementary
ground floor elements including, but not
limited to, canopies, porches, awnings,
and through the use of varied pavement
surfaces.
 Rooflines and pitch of new residential
buildings and additions should be
harmonious and consistent with the
building as well as to surrounding
development.

New Equivalent Design Standard
Structures shall be vertically (height) and
horizontally (depth) articulated along the
front elevations. Vertical articulations
shall include a change in total height of a
minimum of two feet, or a change in roof
pitch or form, or the inclusion of a gable
or dormer, and such articulation shall
occur at intervals of a maximum of 15 feet.

Horizontal articulations shall include a
change of wall plane by a minimum depth
of two feet at intervals of a maximum of 20
feet.

9.2 Packet Pg. 273
the Objective Design Standards must complete the ARC review process, as specified in the Pleasant Hill Zoning Ordinance. The proposed zoning ordinance amendments are summarized below:

Schedule 18.20.030 – Development Regulations for Residential Districts The proposed amendment would add a new development regulation reference in the development schedule for compliance with Objective Design Standards to ensure compliance occurs for residential development.

Section 18.20.040.K – Citywide Objective Design Standards The proposed amendment would add a new subsection clarifying that objective design standards apply to all residential projects, including eligible streamlined residential projects. This new section also clarifies that qualifying residential projects are eligible for streamlined, ministerial review pursuant to State law. Due to the ongoing evolution of State law regarding the types of residential projects that qualify for streamlined review and approval, the eligible types of residential projects are likely to change from time to time.

Section 18.115.010.B – Architectural Review Permits
This amendment would add language to ensure that review for compliance with objective design standards would occur as part of the Architectural Review Permit process.

Architectural Review Commission
The ARC reviewed the proposed standards and provided recommendations on the proposed design standards at both a study session and a public hearing. The Commission recommended approval of the proposed guidelines; however, the ARC could not reach consensus on the following design standards, and the four Commissioners present split on including, removing, or modifying the standards, as summarized below:
 Single Family Residential Objective Design Standard - 2aii. Front-loaded garages shall be recessed a minimum of 18 inches from the front wall plane of the residence habitable space.

Some of the Commissioners felt strongly that garages should not be required to be offset from the front wall plane, while others believed they should either be offset or recessed.  Single Family Residential Objective Design Standard - 4a. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall

9.2 Packet Pg. 274
occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

The Commission was split on whether to keep this standard or to remove it. Those favoring its inclusion believed that the standard would provide building articulation and increase architectural interest. Those advocating removal thought the standard was too restrictive on the architect’s creativity.
 Multi-Family Residential Objective Design Standard - 19a. Parking shall be prohibited between the structure front and the street
Commissioners in favor of removing this standard believed that parking in front of a building is necessary in certain residential settings, such as senior housing projects, and that parking in front of a building can be a good location for guest parking (as opposed to parking for residents). Those in favor of retaining the standard noted its alignment with both the existing citywide parking design guidelines and fundamental principles of planning that discourage parking in front. They also noted the conflict in direction that would arise between the parking guidelines and standards if the proposed parking standard were removed.

Other comments from the Commission included advocating for inclusion of greater sustainability provisions and requirements of landscaping that required no water. Other ARC members also expressed their disfavor with the requirements of design standards as an impediment to professional creativity.

Planning Commission
The Planning Commission reviewed the proposed residential objective design standards and recommended approval to the City Council. At the meeting, additional discussion was held on the standards that did not achieve consensus at ARC. Based on this discussion, the Commission recommended the following:
 Remove Single Family Residential Objective Design Standard - 2aii., Front-loaded garages shall be recessed a minimum of 18 inches from the front wall plane of the residence habitable space.
 Retain Single Family Residential Objective Design Standard - 4a., Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

9.2 Packet Pg. 275
 Retain Multi-Family Residential Objective Design Standard - 19a., Parking shall be prohibited between the structure front and the street
Various Commissioners also noted that graphics would be helpful for users of the objective designs standards. The latest version includes various graphics, photos and exhibits (Attachment B).

CEQA
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed design and development standards when applied to relevant projects will undergo separate CEQA review.

FISCAL IMPACT
None

Notice of the meeting was also provided in the East Bay Times Newspaper published on February 21 and March 7, 2022, displayed on an A-Frame at the Police Station, displayed on the City Hall changeable message board sign, and on the City’s web page. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt Resolution and Introduce Ordinance

ALTERNATIVES TO RECOMMENDED ACTION

1. Do not adopt the Resolution and do not introduce the Ordinance.

2. Continue the item to a later date with direction provided to Staff.

ATTACHMENT(S):

Attachment A Proposed City Council Resolution
Attachment B Residential Objective Design Standards (Contained within Citywide Design Guidelines), as proposed to be amended by the Architectural Review & Planning Commission, (strike-out and underline version) Attachment C Residential Objective Design Standards (clean version) Attachment D Proposed Ordinance (strike-out and underline version)

9.2 Packet Pg. 276
Attachment E Proposed Ordinance (clean version)
Attachment F Planning Commission Resolution No. 03-22
Attachment G Architectural Review Commission Resolution No. 04-21 Attachment H Public Hearing Notice
Attachment I Public Comments
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Community Development Director Approved by: June Catalano, City Manager

9.2 Packet Pg. 277

RESOLUTION NO. __ - 22

A RESOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, ADOPTING

CITYWIDE RESIDENTIAL OBJECTIVE DESIGN STANDARDS THAT WILL BE

CONTAINED WITHIN THE EXISTING CITY OF PLEASANT HILL

CITYWIDE DESIGN GUIDELINES
WHEREAS, the City of Pleasant Hill staff initiated amendments to adopt Citywide Residential Objective Design Standards; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend and add provisions related to objective design standards; and WHEREAS, the City wishes to establish objective design standards that can be applied to residential projects throughout the City, including qualifying residential projects that are eligible for limited and streamlined City review pursuant to state law; and WHEREAS, in light of the state legislature’s adoption of several bills signed into law by the governor to address the statewide housing crisis, including but not limited to, Senate Bill (SB) 9, SB 330, SB 35, SB 167, AB 678 and Assembly Bill 1515, among others, there is now a need for the City to adopt additional residential objective residential development standards applicable to projects that qualify for expedited and streamlined review pursuant to state law; and WHEREAS, adoption of Citywide Objective Design Standards would provide clear direction to design professionals, property owners, and homeowners, when making design and land use applications; and
WHEREAS, City staff has proposed Objective Design Standards for inclusion within the existing Citywide Design Guidelines applicable to all residential projects throughout the City; and WHEREAS, the Architectural Review Commission held a study session on July 1, 2021, to consider the proposed objective design standards; and WHEREAS, after notice thereof having been duly, regularly, and lawfully given, a public hearing on the proposed Objective Design Standards was held by the Architectural Review Commission on November 18, 2021, where all interested persons might appear and be heard, and the Architectural Review Commission adopted Resolution No. 04-21 recommending approval to the Planning Commission and City Council; and
WHEREAS, after notice thereof having been duly, regularly, and lawfully given, a public hearing on the proposed Objective Design Standards was held by the Planning Commission on January 11, 2022, where all interested persons might appear and be heard and the Planning Commission adopted Resolution No. 03-22 recommending approval to the City Council; and

9.2.a
Packet Pg. 278 Attachment: A - Proposed Resolution (Citywide Residential Objective Design Standards - Ordinance) 2 WHEREAS, after notice thereof having been duly, regularly, and lawfully given, a public hearing on the proposed Objective Design Standards was held by the City Council on March 21, 2022, where all interested persons might appear and be heard.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill approves the Residential Objective Design Standards as noted in Attachment B of the March 21, 2022 City Council Staff Report and based on the following findings:

1. The City Council finds that the Citywide Residential Objective Design Standards included in the Citywide Design Guidelines will preserve and enhance residential neighborhoods.

2. The City Council finds that the Citywide Residential Objective Design Standards included in the Citywide Design Guidelines will promote variety, excellence and compatibility with existing development for new and significantly remodeled residential developments.

3. The City Council finds that the Citywide Residential Objective Design Standards included in the Citywide Design Guidelines will improve the general appearance of the City by providing design standards for residential projects that reflect the design preferences of the City.

4. This Project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined with certainty that there is no possibility that the proposed project could have a significant impact on the environment as it does not directly approve any physical development.

ADOPTED by the City Council, City of Pleasant Hill, on the 21st day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
_____________________________________
DANIELLE HABR, City Clerk

9.2.a
Packet Pg. 279 Attachment: A - Proposed Resolution (Citywide Residential Objective Design Standards - Ordinance) 1 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s City of Pleasant Hill
City Wide Design Guidelines and Objective Design Standards 2017 Residential Guidelines | 2021 Residential Objective Design Standards Residential Design Guidelines
Adopted by City of Pleasant Hill City Council Resolution No. 68-17 Residential Objective Design Standards
Adopted by City of Pleasant Hill City Council Resolution No. _____ Please note that these Guidelines and Standards are used in conjunction with the City of Pleasant Hill Zoning Ordinance, and General Plan and Public Works Standards

9.2.b
Packet Pg. 280 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 2 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Contents
I. INTRODUCTION................................................................................................................. 4 A. Purpose of City-Wide Design Guidelines......................................................................... 4 B. Purpose of City-Wide Objective Design Standards.......................................................... 5 C. Design Guidelines & Objective Design Standards Considerations................................... 5 D. How to Use the City-Wide Design Guidelines and Objective Design Standards .............. 6 E. Frequently Asked Questions (FAQ)................................................................................. 7 F. Organization.................................................................................................................... 9 II. RESIDENTIAL....................................................................................................................11 A. Single-Family Residential ...............................................................................................11

1. Single-Family Site Planning Design Guidelines...........................................................11

2. Single-Family Site Planning Objective Design Standards............................................14

3. Scale and Mass Design Guidelines.............................................................................16

4. Scale and Mass Objective Design Standards..............................................................17

5. Building Architecture and Appearance Design Guidelines...........................................17

6. Building Architecture and Appearance Objective Design Standards ...........................20

7. Accessory Dwelling Units Design Guidelines ..............................................................22

8. Landscaping Design Guidelines..................................................................................22

9. Landscaping Objective Design Standards...................................................................26

10. Fences and Walls Design Guidelines..........................................................................27

11. Fences and Walls Objective Design Standards...........................................................28

12. Lighting Design Guidelines .........................................................................................29

13. Lighting Objective Design Standards ..........................................................................30

14. Infill Design Guidelines ...............................................................................................30

15. Subdivision Design Guidelines....................................................................................33

16. Hillside Residential Design Guidelines ........................................................................37

17. Environmental Sustainability Design Guidelines .........................................................39 B. Multi-Family Residential .................................................................................................43

1. Site Planning Design Guidelines .................................................................................43

2. Site Planning Objective Design Standards..................................................................45

3. Scale and Mass Design Guidelines.............................................................................46

4. Scale and Mass Objective Design Standards..............................................................48

5. Architecture/Appearance Design Guidelines...............................................................50

6. Architecture/Appearance Objective Design Standards................................................54

9.2.b
Packet Pg. 281 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 3 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

7. Environmental Sustainability Design Guidelines .........................................................56

8. Private Open Space Design Guidelines ......................................................................60

9. Private Open Space Objective Design Standards .......................................................61

10. Common Open Space/Amenities Design Guidelines ..................................................61

11. Common Open Space/Amenities Objective Design Standards ...................................62

12. Landscaping Design Guidelines..................................................................................62

13. Landscaping Objective Design Standards...................................................................68

14. Fences and Walls Design Guidelines..........................................................................69

15. Fences and Walls Objective Design Standards...........................................................69

16. Lighting Design Guidelines .........................................................................................70

17. Lighting Objective Design Standards ..........................................................................72

18. Circulation and Parking Design Guidelines .................................................................73

19. Circulation and Parking Objective Design Standards ..................................................78

20. Service Facilities and Utilities Design Guidelines ........................................................80

21. Service Facilities and Utilities Objective Design Standards.........................................83

22. Public Improvements Design Guidelines.....................................................................83

23. Signage Design Standards .........................................................................................84 C. Drainage and Stormwater Requirements........................................................................84

1. Drainage Design Guidelines .......................................................................................84 III. STREETSCAPE AND GATEWAYS....................................................................................86 A. Streetscape ....................................................................................................................86 B. Gateways .......................................................................................................................89

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Packet Pg. 282 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 4 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s I. INTRODUCTION
The City of Pleasant Hill incorporated as a City in 1961. Its history goes further back than that, as it was farmland and orchards before residential and commercial uses started to spring up.

Over the course of many years, the City has developed into many distinctive neighborhoods and areas, with different characteristics. In part, design guidelines and objective design standards help to ensure that these areas of the city maintain their character while allowing updates that will keep things current. Through the use of City-Wide Design Guidelines and Objective Design Standards, the City can help to ensure that future development will occur in ways that will enhance and contribute to the overall appearance of the City.

A. Purpose of City-Wide Design Guidelines
These Design Guidelines are intended to inspire thoughtful interpretation and response to design opportunities, while promoting and reinforcing the physical image of residential and commercial areas of the City of Pleasant Hill. The design guidelines use permissive language such as “should” or “may,” and are not intended to replace existing standards (e.g., Public Works Standards) or establish new mandatory requirements for the Zoning Ordinance, for or the General Plan or Public Works standards, all All the regulations of those documents remain applicable and of which contain requirements that must be adhered to when designing projects. However, the Design gGuidelines are intended to encourage quality, well- designed development throughout Pleasant Hill that enhances existing neighborhoods, creates identity, and improves the overall quality of life within the City. The guidelines are intended to promote a desired level of future development in Pleasant Hill that:

1. Preserves the sense of a small-scale, small-town community and maintains the surrounding environment.

2. Contributes to a positive physical image and identity and preserves the surrounding environment.

3. Provides design assistance to the development community, architects/designers and property owners.

4. Promotes high-quality development that stimulates investment in and strengthening of the economic vitality of all areas of Pleasant Hill.

5. Facilitates the development of projects that establish a sense of place while complementing the character of traditional design established within the existing neighborhood and the City.

6. Implements the goals, objectives, and policies of the Pleasant Hill General Plan.

7. Maintains and enhance property values and pride of ownership.

The guidelines are intended to promote a desired level of future development in Pleasant Hill that: These Residential Guidelines are meant for use by homeowners, developers, and architects in achieving a superior quality design of new construction and additions to existing buildings. The guidelines do not seek to impose an overriding style, colors or theme. The goal of the guidelines is to promote quality designs that have been carefully considered that have well integrated building features and architectural elements. These guidelines complement required development standards per found in the City’s Zoning Code and Public Works StandardsGeneral Plan, among other documents. These guidelines will be revised in the future as policy, technology, and techniques evolve.

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Packet Pg. 283 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 5 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s B. Purpose of City-Wide Objective Design Standards
The purpose of Objective Design Standards is to provide developers with a clear understanding of the City’s expectations for all residential project design. The design standards are written as objective requirements that use “shall” and “will” statements to confer mandatory compliance, opposed to the more permissive language found in the design guidelines. Accordingly, all residential projects shall comply with each objective design standard. Importantly, the design standards regulate site and structure design only. All residential projects are required to comply with all applicable building permit requirements, zoning ordinance requirements, development standards (e.g., ingress/egress, height and setbacks, drainage, etc.), and all other applicable City, County and State provisions.

C. Design Guidelines & Objective Design Standards and Considerations The following are the main design principles of the City- Wide Design Guidelines and Objective Design Standards. All of the individual design components provided in the document ultimately support the City’s desired design principles of the City. While the design guidelines in this document support the following design principles, All of the following principles are supported by Design Guidelinesthe objective design standards contained herein may not but may not be supported by subsequent Design Standards.

1. Aesthetics – High quality design composition and details to enhance an existing site and surrounding neighborhood.

2. Scale – Relationship between the human experience and the built and natural environment.

3. Context – Design related to the surrounding environment.

4. Pattern – Composition of design and functional elements with the neighborhood.

5. Massing – Design of structures related to surrounding structures to provide optimal visual harmony.

6. Topography – Relationship of the structure to the existing site topography.

7. Circulation/Connectivity – Pedestrian, bicycle, auto, and other connections within neighborhoods and the City.

8. Climate – Design to respond to the local climate and seasonal changes, through the use of passive and active solutions towards energy conservation.

9. Water Conservation – Landscape and site planning to more efficiently use water and reduce runoff.

10. Sustainability – Short and long-term impacts to reduce maintenance/repair while extending the useful life.

11. Environmental Sensitivity – Incorporate design solutions and materials that will preserve natural resources.

12. Open Space – Incorporate development that maintains and creates open spaces.

9.2.b
Packet Pg. 284 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 6 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s D. How to Use the City-Wide Design Guidelines and Objective Design Standards

1. General
These Design Guidelines are intended to be used to generally influence the design of development/redevelopment of land uses throughout the City. The Design Guidelines are a policy document that guide development in Pleasant Hill. By contrast, Tthe Objective Design Standards are intended to be used as a regulatory framework that, when used in conjunction with the development applicable standards in the Pleasant Hill Zoning Ordinance, to regulate governs the design of qualifying residential projects. The Pleasant Hill General Plan defines the community vision and establishes a framework to guide decision-making about development, land use, resource management, public safety, public services, and general community well- being. Both the Pleasant Hill Zoning Ordinance and City-Wide Design Guidelines and Objective Design Standards are implementing tools that implement of the General Plan and are applicable to both new projects or and improvements to existing projects (remodels and renovations). The City’s zoning codes rules and objective design standards (e.g., minimum yard setbacks, maximum building heights, etc.) are the required development standards regulations(i.e. minimum yard setbacks, maximum building heights, etc.), while the design guidelines are thereflect City’s policy andpolicy preferences and recommendations that influence help to guide the design of structures, landscape, etc. at the time that awhen an applicant proposes property proposes building and site improvements.

The Design Guidelines should be used as a starting point for the creative design process and should not be looked upon as the only viable solution for design. Owners should strive to be creative and innovative and should look beyondtry to avoid plain or disjointed architectural and landscape treatments.

While the Design Guidelines incorporate specific design recommendations, the designer should incorporate recommendations while keeping in mind the needs of their specific project. Individual design recommendations should not be incorporated into proposals for the sole purpose of satisfying a guideline; the effect on the overall project design should also be considered.

2. Design Guidelines and the Relationship to Architectural Design Review Process for Design Guidelines
Applicants are strongly encouraged to consult tThe Design Guidelines are meant to be utilized prior to beginning the design review process. The Guidelines should be used during the initial design stage before plans are submitted to the City for design review for a project. and submitting a project to the City for review. Once submitted for review, the City Planning Staff will review the project and will work with the applicant to refine the project proposal by providing offering design input and recommendations that may be forwarded to the Architectural Review Commission (ARC). Incorporating components of design guidelines does not guarantee an approved projectproject approval; however, substantial compliance with all, or a majority, of, the applicable design guidelines will increase the probability of a successful outcome project approval with few, or noif any, further revisions.

During the design stage, applicants should use these Gguidelines should be used to encourageachieve the highest level of design quality, while and should consider providing the guidelines’ flexibility intended to foster creativity for projects in response to existing conditions. An applicant may request a study session can be requested beforewith the City’s ARC to receive preliminary feedback.

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Packet Pg. 285 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 7 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s While projects should be designed to incorporate many of the design recommendations provided in the following pages to follow, above all else, the City’s design review process will always encourage any project that containsapplicants to seek superior design solutions. The Design Guidelines are not meant too not seek to suppress creative, new, and or innovative design;, rather, but meant they are intended to support and achievinge good design.

Lastly, a successful project can also be impacted by the level, skill, and talent of the designer who creates the proposal and the craftsmen that construct the project. This means having plans prepared by a licensed professional, having a complete design application submitted to the City, and hiring a professional and competent construction team.

3. Objective Design Standards and the Relationship to Architectural Design Review Process for Design Standards
The objective dDesign sStandards contained in this document offer are clear design direction and are applicable to all residential development projects citywide. The objective dDesign sStandards contain objective language that avoids personal or subjective judgement. Further, these standards are applicable to those residential projects that qualify under meant to satisfy State law and provide a for streamlined approval reviewprocess for qualifying residential projects. As part of this processPursuant to State law, certain qualifyingcertain qualified projects that meet all the objective dDesign sStandards within in this document based on proposed typology (single-family vs. multi-family) can move forwardare not subject to the City’s ministerially without ddiscretionary review processor action (check with the City Planning Division for applicability). Those projects that qualify for streamlined review pursuant to State law will be subject only to the City’s ministerial process (i.e., the City’s Building Permit application process). The Planning Division shall review qualified projects Tto ensure verify compliance with all the objective dDesign sStandards, qualifying projects shall be reviewed by the Architectural Review Commission (ARC) and the Planning Division.

Certain Qualifying projects that comply can move forward to the Building Permit application, while qualifying Those projects that do not qualify for streamlined review, or any applicant who elects not to pursue a streamlined review process for a qualified project, do not meet the Design Standards shall complete be subject to the ARC review process, as specified in Section 18.115.040 (A) of the Pleasant Hill Zoning Ordinance.

E. Frequently Asked Questions (FAQ)
The following are frequently asked questions that users may have when designing a project.

1. What is the purpose of this document?
The purpose of this document is to provide design guidance, direction, and applicable objective design standards (for qualifying projects) to those proposing residential development applications to the City.

2. When should I use theseis Design Guidelines and Objective Design Standards document?
You should use Tthese Gguidelines and standards should be used for for any project that incorporates physical changes to a property. This can range from a new accessory structure, to the smallest building addition or landscape change, to a large apartment complex. In addition, the gGuidelines and standards should be used

9.2.b
Packet Pg. 286 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 8 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s during the early stages of the design process. More specifically, an applicant should review the Design Guidelines and Objective Design Standards prior to the creation of project plans for review by the City. Staff suggests contacting , and also or meeting with City planning staff for preliminary feedback prior to formal plan submittal.

3. How What is the best way to use these Guidelinesthis document for my project? Since the document is separated into different topics and sections, the first step is to identify what kind of project you are working on (i.e. single-family residential, multifamily residential, etc.) and refer to the relevant section of the Design Guidelines document. In addition, while there are many recommendations in the document, it is not always beneficial or possible to incorporate all of them into your project. The preferred option would be to incorporate recommendations that relate and improve your project.

4. Are these Guidelines required?
The Design Guidelines reflect the policies of the General Plan. While no individual guideline is specifically required of any project, the Guidelines collectively are presented to assist the designer in creating a proposal that is consistent with the Zoning Code and the General Plan. In addition, since these Guidelines are endorsed by the City, it is expected that if the project incorporates design recommendations that improve the project, it will receive a higher level of support during the City design review process.

5. Are these Guidelines relevant to my small project?
Yes. There are design recommendations that can be incorporated into the smallest building addition, new fence, or landscape change. For example, a small building addition could incorporate a design recommendation to include an awning or provide a complementary roof and material design that will match the remainder of the structure, or a landscape modification could include a deciduous tree that is planted on the south end of the home to help provide shade during the warm summer months, but allow sunlight to come through during the cooler winter months.

6. Are these Standards required?
The Objective Design Standards are applicable to all residential projects. If your project qualifies for streamlined review pursuant to State law, these standards alone apply to your project (the City’s Design Guidelines do not). Alternatively, if your project does not qualify for (or you elect not to pursue) streamlined review pursuant to State law, your project design should be consistent with both the Objective Design Standards and Design Guidelines. Further, your non-qualified residential project is subject to the applicable permitting process(es) outlined in the Pleasant Hill Zoning Ordinance.

7. This document contains a lot of information, where do I begin? The document is broken up into different sections. If you are a homeowner, a good place to begin would be within the single-family residential portion of the document. If there are specific issues that you are struggling with, there is a table of contents that will help to direct you. For example, if you are looking at doing landscape changes, there are landscape guidelines for single-family residential and that would be the appropriate location to begin.

8. Do I have to incorporate every Design Guideline component mentioned?

9.2.b
Packet Pg. 287 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 9 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s No. Consider the design components that are relevant to your project

9. Do I have to incorporate every Objective Design Standard component mentioned? Yes, the applicable objective design standards must be applied to your project typology (i.e., single-family vs. multi-family).

10. If I use the recommendations contained in the Design Guidelines, does this mean an automatic approval of my proposal?
No. However, submitting a proposal that reflects the Design Guidelines will increase the likelihood that your project it will put your project in a better position to be approved by the City if the project incorporates design components that are recommended by the Cityis viewed favorably by the City through the design review process.

11. What are the benefits of using these Guidelines?
The benefits include a potentially improved design, potential energy cost saving, or less long-term maintenance. In addition, using the recommendations contained in the Design Guidelines document could result in a higher greater level of support from the City.

12. Is there anything else that I need to know?
In addition to the City-Wide Design Guidelines and Objective Design Standards, Don’t forget that there are also applicable building codes, City Engineering provisions, outside agency requirements requirements (such as thee.g., County Fire District, the water district, PG&E, etc.), City Engineering provisions, and zoning ordinances regulations that must be followed. Remember that that These Design Guidelines offer additional are meant for design instruction that should be incorporated into your project, while the Design Standards purposes and to provide additional information that goes beyond the hard and fast requirements and regulations of the building code and Zoning Ordinanceregulations that residential projects must satisfy. . Additional information on the building code is available through the City’s Building Division, City Engineering provisions through the City’s Engineering Division, and zoning regulations information on the Zoning Ordinance is is available through online the Planning Divisionat
https://www.pleasanthillca.org/55/Services.. Any permit submittal (i.e. Building Permit, Zoning Permit, etc.) will be routed to each of these three City Divisions the Building, Engineering, and Planning divisions and reviewed accordingly; many applications will also be routed to relevant outside agencies for their comments.

Alternatively, prior to making a formal submittal, a potential applicants may contact any of these City Ddivisions or any outside agenciesy to discuss a conceptual plans and identify, prior to a formal submittal, to address potential issues.

F. Organization
The document is organized in sections according to the following categories:

1. Single-Family Residential (includes guidelines and objective standards)

2. Multi-Family Residential (includes guidelines and objective standards)

3. Streetscape and Gateways (includes guidelines)
Topics include site planning, building massing and scale, architecture and appearance, landscape, fences and walls, open space, utilities, circulation, and streetscape design.

9.2.b
Packet Pg. 288 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 10 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Design Guideline Graphics
Graphics and photos are provided throughout the document to provide the reader a greater understanding of the specific design guideline. Graphics and photos are provided for illustrative purposes of a specific guideline and do not necessarily represent an overall design preference (i.e. a photo describing a specific roof style does not also represent a City preference for related architecture, building size, or landscaping).

9.2.b
Packet Pg. 289 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 11 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s II. RESIDENTIAL
A. Single-Family Residential
Single-family residential uses are lots or parcels containing single-family detached units or attached housing (such as a duet or duplex).

1. Single-Family Site Planning Design Guidelines
Structure/home location of a building on its lot has an impact on the site and on user functionality of the building and its interplay between building and site. Location and appearance of the site entry is critical to the image of a home, either by reinforcing the architecture of the building or breaking down the appearance. a. To enhance the character of the development, the layout should preserve existing natural site features such as topography, views, and vegetation. Public views of such features should be preserved and incorporated into development proposals.
b. Integrate new single-family residential developments into the surrounding environment. Find a balance between new and older homes that respects both interests.
c. A walkway from the front door to the street can be welcoming. d. New dwellings should have a strong relationship to the street. e. Set back garages or de- emphasize garages from the front of the dwelling. (See Figure 1.e,f)
f. Encourage variable setbacks, while still complying with Zoning Ordinance setback requirements, for front facing elevations of homes and garages to create a visually interesting streetscape.

Figure 1.(e, f) (Graphics and Photos are provided for illustrative purposes only) g. Site plan designs should take into account position regarding sun patterns and similar impacts to onsite and adjacent buildings. Buildings should not be sited to obstruct one another. (See Figure 1.g)

9.2.b
Packet Pg. 290 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 12 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 1.g
h. Design and orient buildings so that sunlight directly enters the home during some part of the day year-round.
i. Direct line-of-site between dwelling units, specifically bedrooms and bathrooms should be minimized.
j. New homes should minimize the loss of existing mature trees on-site, using thoughtful and creative design.
(i) Removal of existing heritage or protected trees is limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in situations that renders the site undevelopable, or in other exception cases as noted Pleasant Hill Municipal Code (PHMC) Section 18.50.110.
(ii) An arborist report is required to be submitted with any project resulting in loss of heritage or protected trees and is subject to peer review. (iii) Encroachment into existing tree canopies should be minimized. (iv) Any encroachment into/beneath a heritage or protected tree canopy should include an arborist report to ensure that new construction does not negatively impact the long-term survivability of the tree.
(v) Balance the needs of the property owner with the City’s goals of mature tree preservation.

Trees are determined to be mature based on different standards including species, health, and age of tree.
k. New two-story homes or additions, when adjacent to single-family dwellings, should transition appropriately to respect the privacy of adjacent single-story buildings. Second- story features should minimize any potential impacts on adjacent sites in regards to privacy and/or shadowing to the greatest extent possible. (See figure 1.k)

9.2.b
Packet Pg. 291 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 13 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 1.k
l. New homes and building additions should be sensitive to existing structures and minimize obstruction of existing outward views where possible. m. Projects should be designed to minimize impervious surfaces and incorporate landscape elements to reduce runoff. Pervious pavements can help to reduce runoff.
n. Stormwater impacts need to be addressed in the early stages of project design as they often have an impact on site design. See City Engineering website for additional information -http://www.ci.pleasant-hill.ca.us/379/NPDES-Program. o. Urban Creek Guidelines.
(i) A larger setback should be provided for structures when located near deeper creeks (Per PHMC Section 18.50.150).
(ii) Development near and adjacent to creeks should minimize impacts to existing drainage facilities
(1) Proposed improvements should not diminish the capacity of the creek. (2) Proposed improvements should not increase flooding potential. (3) Runoff should be detained on-site prior to discharge into the creek. (4) Proposed improvements should not cause an increase in erosion or cause instability of the creek banks.
(5) Outfalls to creeks should minimize creek erosion.
(iii) Development adjacent to creeks should minimize impacts to the riparian habitat.
(1) Improvements should be kept away from riparian corridors. (iv) Improvements within creeks are discouraged; however, when proposed, should be limited to outfalls, infrastructure improvements, and landscaping approved by local, state, and regional agencies.

9.2.b
Packet Pg. 292 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 14 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (v) Creek stabilization should incorporate soil bio-engineering and plant-based methods.
(1) Creek improvements should require minimal maintenance. (vi) Access for the maintenance and monitoring of creeks should be provided. (vii) Improvements within creeks should be designed for longevity.

2. Single-Family Site Planning Objective Design Standards a. Site Placement.
(i) Projects with two or more structures shall be staggered with a minimum twofoot variation measured from the front setback with the intent of providing a varied street elevation. varied so that front setbacks of adjacent homes and garages differ by a minimum of two feet and a maximum of six feet. (ii) Front-loaded garages shall be recessed a minimum of 18 inchesfour feet from the front wall plane of the residence habitable space. b. Site Development.
(i) Residences shall have a front entry sited from parallel to within 45 degrees of parallel, to the street.
(ii) Front entries shall include a covered projection (porch) with a minimum area of 20 square feet and a maximum of 100 square feet, as measured from the supporting elements. Porches may be a combination of projection and recess but shall not be completely recessed within the building footprint. At minimum, the entry doorway shall be covered within one foot of either side of the door and three feet of the face. A porch may encroach a maximum of 20 percent into the front setback. (See figures 2.b.ii)
Figure 2.b.ii

9.2.b
Packet Pg. 293 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 15 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 2.b.ii
(iii) Vehicle charging facilities shall be housed within a garage or screened from view from the street by a fence or landscaping.
c. Utility and Service Areas.
(i) Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence and a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping. (see figure 2.c.i)
Figure 2.c.i

9.2.b
Packet Pg. 294 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 16 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.
(iii) Utility and mechanical equipment shall not obstruct pedestrian pathways.

3. Scale and Mass Design Guidelines
The size and scale of a new structure should relate to the scale of other buildings in the immediate neighborhood, thus, creating visual unity. The following design guidelines apply to scale and mass of single-family residences:
a. Architectural elements of new residential buildings should be designed to reduce the mass of large structures and provide a pedestrian scale to the buildings. b. The scale and mass of new single-family residential buildings or additions should be harmonious and visually compatible with the physical condition of the existing neighborhoods.
c. The scale and mass of new infill buildings should transition appropriately to the street and adjacent smaller structures. (See Figure 3.c) d. Rooflines and pitch of new residential buildings and additions should be harmonious and consistent with the building as well as to surrounding development.

Figure 3.c
e. The scale of the building should relate to the pedestrian with complementary ground floor elements including, but not limited to, canopies, porches, awnings, and through the use of varied pavement surfaces. (See Figure 3.e)

9.2.b
Packet Pg. 295 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 17 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.e

4. Scale and Mass Objective Design Standards
a. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

5. Building Architecture and Appearance Design Guidelines It is sometimes the little details that are often ignored that can elevate the appearance of a home from good to great. It is the desire of the City to not have plain/undistinguished buildings, rather to encourage interesting details that are the hallmark of great neighborhoods.
a. New homes should convey a small-town feel, emphasizing the pedestrian scale and entrance over the vehicular, stepping back two-story buildings from the street, and visually breaking up facades into smaller components. b. Individual expression is encouraged while still maintaining balance with the surrounding neighborhood
c. Buildings should be designed to reinforce the relationship to streets. (i) This can be accomplished through the use of front porches and windows at the front of the building.
(ii) De-emphasize the garage through the use of side access garages, stepping it back from the main building facade, being located at the rear, etc.

9.2.b
Packet Pg. 296 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 18 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s d. Structures should be visually and architecturally pleasing by varying the height, color, setback, materials, texture, trim and roof shape, and landscape. e. Facades should be varied and articulated to provide visual interest to the street and pedestrians.
f. Buildings should include architectural details that may include, but not limited to:
porches, bay windows, balconies, railings, fascia boards, and trim to enhance the character of the building. (See Figure 5.f)
Figure 5.f
g. Building materials and colors should enhance the neighborhood and be compatible to the neighborhood.
(i) Colors should be carefully selected to complement the overall design composition.
(ii) To help reduce the appearance of bulk, building body colors should be lighter than trim colors.
h. No building façade should consist of an unarticulated blank wall or an unbroken series of doors.
i. Recessed windows should be used where appropriate.
j. Architecture should treat the structure entirely and finish appropriately on all sides of the building to provide continuity. (See Figure 5.j)

9.2.b
Packet Pg. 297 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 19 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 5.j
k. For most architectural styles, the number of colors on the exterior should be minimized with additional contrasting color for accents. l. Building additions/renovations should blend with the remainder of the building and not appear “added” on.
m. Building Features.
(i) High quality doors and windows should be used with style and placement that is consistent with the architectural design of the building. (ii) Building features, such as lighting fixtures, mailboxes, and address numbers, should be placed with care.
(iii) Shutters and vents placed, sized, scaled to the building. n. Roofs (See Figure 5.n)
(i) Roof materials should relate to the design and architectural style of the building.
(ii) Roofs materials should have texture and relief.

9.2.b
Packet Pg. 298 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 20 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 5.n

6. Building Architecture and Appearance Objective Design Standards a. Architectural Appearance.
(i) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent property line.
(ii) All facades of the structure shall include at least two of the following architectural details:
(1) Porches, decks, and/or balconies with railings.
(2) Building materials such as masonry, tile, shingle, or other materials other than stucco that add decorative or textural qualities to the building. (3) Accessories that may include, but not be limited to:
• Pot shelfs;
• Landscape trellises;
• Decorative accent tiles;
• Wood grain texture finish false shutter;
• Gable end vents and corbels; or
• Window Awnings.
(4) Variation in wall plains by incorporating a projected feature such as a bay window or other projected feature with a minimum depth of four inches. (5) Decorative trim that projects a minimum of three-quarters of an inch from the wall plane.
(ii) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.
b. Materials.
(i) Accessory structures shall be constructed of the same materials, colors, roof type as the primary structure. (see figures 6.b.i)

9.2.b
Packet Pg. 299 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 21 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 6.b.i

9.2.b
Packet Pg. 300 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 22 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Windows shall be recessed by a minimum of two inches from the wall plane or shall include wood, metal, or engineered wood trim with a minimum width of three inches and minimum depth of three-quarters of an inch. (iii) Single family subdivisions with two or three units shall provide a minimum of two-color schemes. Single family subdivisions with more than three residential structures shall provide a minimum of three-color schemes and shall not use a single-color scheme on more than 40 percent of the residential structures. Structures shall incorporate a color scheme that contains a maximum of four distinct colors per building. A color scheme is defined as (body one and/or body two, trim, and a contrasting accent color).

Adjacent structures shall not use the same color scheme.

7. Accessory Dwelling Units Design Guidelines
Recent State laws have further encouraged the creation of second dwelling units throughout the State of California. New laws will allow attached and detached accessory structures at larger sizes that could have an effect on residential neighborhoods, particularly related to massing, privacy, air, and light intrusion. Thus, to provide guidance for these types of structures, the following should be considered when designing attached or detached accessory dwelling units:
a. The attached or detached accessory dwelling unit shall be designed to be compatible with the main residence, through the use of complementary colors, materials and overall design.
b. Attached or detached accessory dwelling units should be considerate to neighboring properties by placing windows in locations that would minimize privacy impacts, particularly when an attached accessory dwelling unit is located on the second level of the residence.
c. Taller detached accessory dwelling units and attached building additions to accommodate accessory dwelling units should be located away from adjacent properties to the greatest extent feasible to minimize light, air, and privacy impacts.
d. Exterior access to the accessory dwelling unit should be screened from public views.

8. Landscaping Design Guidelines
Landscaping is an integral component of any project. Landscaping should complement good architectural design and help create a finished project. The following design guidelines apply to landscaping for single-family residences:
a. Landscaping should be an integral part of the overall site design. (See Figure

8.a)
b. Landscaping should be used to complement good design, not hide substandard architecture.
c. Select landscape materials and plants that are appropriate in scale and function with the site and for the site conditions.

There are no Accessory Dwelling Unit Objective Design Standards.

9.2.b
Packet Pg. 301 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 23 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 8.a
d. Heritage and protected trees are required to be preserved for the community’s enjoyment subject to Pleasant Hill Municipal Code (PHMC) Section 18.50.110. (i) Heritage trees are those that have been enrolled in the City’s Heritage Tree Program and must have a trunk diameter of 16 inches or more or any tree grouping in the City with at least one tree of this diameter. (per Municipal Code Section 18.50.110.E.).
(ii) Protected trees are identified as a native or indigenous tree with a trunk diameter 9 inches or greater at a height of 54 inches from the ground, or any non-native tree with a trunk diameter greater than 18 inches at a height of 54 inches from the ground (per Municipal Code Section 18.50.110.A.). e. Existing heritage and protected trees should be preserved to the greatest extent possible as per PHMC Section 18.50.110. In addition, the loss of mature trees should be minimized where possible.
(i) Removal of existing heritage and protected trees should be limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in cases that renders the site not developable, or in other exception cases as noted in PHMC Section 18.50.110.
(ii) New structures should be designed to avoid conflict with existing heritage and protected trees where possible.
(iii) Any loss of heritage or protected trees require an arborist report as part of the project request and may be peer reviewed for accuracy by the City. (iv) Replacement of removed trees should be replaced at a higher ratio than the number removed. In addition, native and indigenous trees should be replaced with like trees, while non-native trees may be replaced by a broader palette of tree species.

9.2.b
Packet Pg. 302 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 24 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s f. Plant material should be sited to respect lighting and allow emergency apparatus access. Trees and large shrubs should be sited to avoid potential damage to overhead lines or underground utilities.
g. Trees should be sited to respect solar access to photovoltaic (PV) facilities. h. In areas of natural predominance, trees should be planted in a random manner where possible. (See Figure 8.h)
Figure 8.h
i. Native, drought tolerant plant materials and other plant species which are well adapted to local climatic conditions should be strongly considered as they can preserve water resources and can better achieve compliance with the City’s water efficient landscape requirements (PHMC Chapter 18.52 of the Zoning Ordinance).
j. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space." k. Landscape plans should maximize the use of shade (deciduous) trees to provide cooling during the warm summer season. (See Figure 8.k)

9.2.b
Packet Pg. 303 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 25 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 8.k
l. Deciduous trees should be planted 20’-40’ apart on the south and west side of buildings for maximum solar protection during the summer and gain during the winter. (See Figure 8.l)
Figure 8.l
m. The scale and nature of landscaping materials should be appropriate to the site, structures, and neighborhood.
n. When selecting plant materials, the following design guidelines should be followed:
(i) When replacing existing mature trees, new trees should be 36–48-inch box size to quickly replace the lost tree canopy or smaller trees should be planted in numbers that replace the lost tree canopy.
(ii) Trees species and sizes should be selected that best fits the planting areas.

9.2.b
Packet Pg. 304 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 26 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Shrubs species and sizes should be selected that best fit the planting environment. (iv) Ground cover should be planted using spacing and sizes that will accomplish ground coverage within a short amount of time. o. Landscaping should avoid creating a green wall of vegetation (typically greater than three feet in height) at the front yard.
p. Hardscape should be minimized in the front yard.
(i) At least 50% of the front yard should have live landscaping consistent with Zoning Ordinance provisions (PHMC Section 18.20.040.G.). q. Air conditioning/mechanical equipment should be placed out of view from the public right-of-way through the use of landscaping or walls/fences (PHMC Section 18.50.090).
(i) Where possible, air conditioning and mechanical equipment should be located on the north and east sides to minimize stress on the systems during warmer months.
r. Landscaping should be selected and planted in a way that will avoid costly and repeated maintenance and discourages weeds and other invasive growth from affecting the original landscape plan.
s. Sight distance zones are to be kept clear in compliance with City requirements (PHMC Section 18.50.100 & 18.55.130).

9. Landscaping Objective Design Standards
a. New development shall plant a minimum of one tree along the street frontage.

Trees shall be a minimum box size of 24 inches at the time of planting. b. The front yard shall not exceed a maximum of 50 percent of pavement or hardscape. (see figure 9.b)
Figure 9.b

9.2.b
Packet Pg. 305 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 27 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s c. A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with Zoning Ordinance provisions (PHMC Section

18.20.040.H).
d.c.Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks. e.d. All areas not occupied by structures or pavement shall be landscaped.

Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches.

10. Fences and Walls Design Guidelines
Fences and walls are often used to delineate property boundaries. Good design of fences and walls can add to the appearance of the property while affording the privacy that owner’s desire.
a. The design of fences and walls should be architecturally compatible with the primary structure. (See figure 10.a)
b. Front yard fences should have a transparent appearance, such as the use of picket, rail, grid or wire type of fencing. (Chain-link fences are discouraged.) c. The design of fences and walls in the front yard should create a visual openness.

Fences and walls that isolate the front of the dwelling from the streetscape are strongly discouraged.

9.2.b
Packet Pg. 306 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 28 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s f. Landscaping should be used as part of the design of the fence or wall to soften and screen large masses of blank wall surface area.

Figure 10.e
g. Fences and walls taller than 3 feet are prohibited within all vision triangles (street corners and driveway entrances) (PHMC Section 18.50.100 & 18.55.130) Fences, mailboxes, walls, and other landscape structures are prohibited in the public right-of- way.
h. To keep scenic corridors in its natural appearance, the use of walls and fences should be minimized to preserve scenic corridors along designated corridors.

11. Fences and Walls Objective Design Standards
a. Walls and fences shall not be placed in the street frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
b. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. (see figure 11.b)

9.2.b
Packet Pg. 307 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 29 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 11.b
c. Chain-link fences are prohibited.

12. Lighting Design Guidelines
Lighting in single-family neighborhoods can add to the appearance of a home through accent lights but can also negatively impact a site and the surrounding environment with too much light that may cause light spillage and glare. a. Lighting should be provided in balance with neighborhood concerns. b. Lighting should be located and designed to minimize glare and spillage onto adjacent properties. (See Figure 12.b) and should be consistent with the maximum allowed foot-candle levels cited in Section 18.55.140b of the Zoning Ordinance.
c. Lighting should be used for accent, not attract attention to a site. d. Light fixtures should be compatible, in-scale, and placed appropriately on the building.

9.2.b
Packet Pg. 308 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 30 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 12.b
e. Exterior light fixtures should incorporate full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixtures.
f. Each situation is different as the effect of accent lighting may be minimized due to the existing built environment.

13. Lighting Objective Design Standards
a. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins.

Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.

14. Infill Design Guidelines
Larger homes and additions are becoming more common in the City. Many are located in older neighborhoods, which were developed at a time when smaller homes were common and styles were more modest in their outward appearance.

Larger homes should not be allowed to overwhelm their neighbors and should maintain the neighborhood context. The general scale and character of the neighborhood should be respected.

The following are design guidelines with respect to infill development:
a. Design Principles
(i) Reinforce prevailing neighborhood home orientation and entry patterns. (ii) Respect the scale and character of homes in the neighborhood.

9.2.b
Packet Pg. 309 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 31 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Design homes to respect their immediate neighbors. (iv) Preserve mature landscaping.
b. Design Techniques
(i) Utilization of similar roof forms and pitches.
(ii) Use of similar scale entries.
(iii) Keeping first floor eave heights similar to neighboring homes (iv) Use first floor roof elements to break up two story walls. (See Figure 14.b(iv)) The use of such elements helps to break up the massing of large unadorned second-story walls and provides additional architectural interest. (v) Limiting second floor area and volume.
(vi) Setting back second floor walls from first floor walls below. ( See figure

14.b(vi))
Figure 14.b (iv)

9.2.b
Packet Pg. 310 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 32 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 14.b (vi)
(vii) Setting back second floor walls from first floor walls below. (See Figure

14.b(vi)) Design windows that are harmonious and respect the character of the neighborhood. (viii) New homes and additions to existing structures should be located to minimize
(viii) blockage of sun access to living spaces and actively used outdoor areas of adjacent homes. (See Figure 14.b(viii))

9.2.b
Packet Pg. 311 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 33 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 14.b (viii)
(ix) Second floor windows should be designed to preserve the privacy of adjacent properties where possible.
(x) New development should be considerate of existing outward views.

While development preferences and style changes over time, change evolves and occurs gradually. Thus, drastic changes from the existing environment cannot always be supported.

15. Subdivision Design Guidelines
New residential subdivisions are an opportunity to develop large pieces of property.

The goal should be to set a framework for the entire area that creates a sense of community and preserves the surrounding environment. Designs for new subdivisions should provide high-quality site, architectural, and landscape design plans that promote a sense of community. Site planning of new subdivisions should link the subdivisions’ various components to each other. In addition to the other There are no Infill Objective Design Standards.

9.2.b
Packet Pg. 312 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 34 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s design guidelines, the following are specific to new single-family residential subdivisions:
a. Existing mature trees should be preserved on-site to the greatest extent possible to maintain the City’s existing urban forest.
(i) Removal of existing heritage or protected trees is limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in situations that renders the site undevelopable, or in other exception cases as noted in Pleasant Hill Municipal Code (PHMC) Section 18.50.110.
(1) Any loss of mature trees requires an arborist report as part of the project request and should be peer reviewed for accuracy by the City. (ii) Buildings and roadways should be sited to save as many mature trees as possible
(iii) When mature trees are removed, the amount of replacement trees should be adequate to replace the lost canopy.
(iv) Incorporate tree protection measures to save significant sized trees. (v) Incorporate designs that ensure the long-term longevity of trees. b. The circulation system should be logical, predictable, and not confusing. Streets should connect to adjacent neighborhoods to provide access to schools, parks, and community centers.
(i) Pedestrian paths, trails, etc. should be provided throughout the entire community without dead ends.
c. New streets (public and private) are required to meet all City standards (as per Public Works Standards).
(i) Non-arterial streets should minimize width to the greatest extent possible. (ii) New streets should be designed to accommodate alternative modes of transportation.
(iii) Connect to the existing street network.
d. Sidewalks should be incorporated as per Public Works Standards. e. Street patterns that create long uninterrupted walls at the property line should be avoided.
f. Traffic calming devices can be incorporated into the project on a case-by-case basis.
g. Varied front yard setbacks (as allowed by the Zoning Code) should be used throughout the subdivision. (See Figure 15.g)

9.2.b
Packet Pg. 313 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 35 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.g
h. Corner lots should be bigger than inside lots to avoid penalizing development of the lots.
i. Mass grading should be minimized, especially in hillside areas, to the greatest extent possible and as per PHMC Section 18.35.040.B.).
j. Subdivisions that back up to non-residential uses and arterial streets should incorporate landscape buffers, fencing, or deeper yards to mitigate potential noise, aesthetics and land use compatibility impacts to the greatest extent possible.
k. Homes should employ varying color combinations and architecture to provide variety within the subdivision. Three different models/architectural packages should be submitted for subdivisions.
l. New subdivisions should physically connect to adjacent neighborhoods. m. Lighting should be sited appropriately to enhance a projects appearance and for safety reasons.
(i) Use alternative fixtures/luminares for illumination rather than typical streetlights including pedestrian scale lighting where appropriate. (See Figure

15.m(i))
(ii) Public street lighting fixtures are required to be approved by the City prior to installation.
(iii) Minimize night sky pollution.

9.2.b
Packet Pg. 314 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 36 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.m(i)
n. Landscaping
(i) Visual focal points such as fountains, sculpture, and public art are strongly encouraged in larger subdivisions. (See Figure 15.n(i)) Figure 15.n(i)
(ii) Design and material elements of walls and fences should be consistent in style throughout the subdivision.
(1) Open space areas should have easy access, clear visibility, and not hidden by buildings and structures.
(2) Provide adequate visitor parking.

There are no Subdivision Objective Design Standards.

9.2.b
Packet Pg. 315 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 37 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

16. Hillside Residential Design Guidelines
Hillside areas of the City (areas that have an average slope of greater than 15%) include unique features, scenic views, and the sloping topography. Hillside development should minimize impacts on the natural, native environment and be sensitive to the impacts of development on the hillside. The following design guidelines apply to development within hillside areas of the City. a. New structures and additions are strongly encouraged to be designed to relate to the existing topography and surroundings and minimize the structures mass and bulk.
(i) Projects should be designed to avoid disturbing natural slopes and preserve existing open spaces and scenic views.
(ii) Development should follow existing contours (i.e., structures should be “stepped” on hillsides).
b. Development on hillsides should have an adequate buffer from the peak of hilltops and other prominent natural features. (See Figure 16.b) Figure 16.b
c. Grading and fill should be minimized for hillside developments [Pleasant Hill Municipal Code (PHMC) Section 18.35.040.B]. (See Figure 16.a(ii))

9.2.b
Packet Pg. 316 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 38 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 16.a(ii)
d. Drainage patterns should be preserved or improved to the greatest extent possible.
e. Hillside structures should be clustered together to provide maximum open space. (See Figure 16.e)
Figure 16.e
f. Landscaping should be native and drought tolerant species (except immediately adjacent to residential structures, PHMC Section 18.35.050.C) and relate to the existing vegetation in the area.

9.2.b
Packet Pg. 317 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 39 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s g. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space." h. Use of fences should be minimized. When proposed, an open design is encouraged.
i. Use of retaining walls should be minimized with designs that are low in height and reduced in bulk and mass. The maximum height of retaining walls should be limited to 4 feet in height. If greater heights are needed, appropriately spaced terracing should be implemented in the design.
j. Use of colors in the hillside should be neutral without causing sharp contrast. k. Use of exterior lighting in the hillside should be minimized. (i) Lighting should be minimized where possible and should only be used for safety reasons.
(ii) Use alternative fixtures/luminares sources for illumination rather than typical streetlights including pedestrian scale lighting where appropriate. (iii) Public street lighting fixtures are required to be approved by the City prior to installation.
l. Use of pervious materials is encouraged to reduce surface runoff. m. Building and landscape materials that reduce fire hazards should be used throughout hillside developments.
n. Utilities, transformers and other mechanical equipment should be designed to be shielded from public views as per PHMC Section 18.50.090. o. Larger land area is needed in the hillsides compared to comparable development in areas that are flat.

17. Environmental Sustainability Design Guidelines
Building “green” is an environmentally responsible construction technique that continues to be accepted and demanded, not only in the region, but for the nation.

Building responsibly provides benefits for people and the environment in the name of preservation of natural resource, reduced impacts on the environment, and long-term lower maintenance and utility costs.
a. Green Building Techniques
(i) Using landscape to reduce energy costs.
(1) Use of trees to cool buildings in the summer.
(2) Use of deciduous trees to take advantage of shade during the summer and allow the sun to shine through during winter months. (3) Refer to the previous Landscape section for additional recommendations.

There are no Hillside Residential Objective Design Standards.

9.2.b
Packet Pg. 318 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 40 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Using recycled materials, low energy bulbs and low flow fixtures, energy efficient appliances, windows, tankless water heaters, etc. (iii) Recycle and reuse materials from the existing structure. (iv) Using higher quality, long lasting materials that result in reduced maintenance and greater longevity. (See Figure 17.a(iv))
Figure 17.a(iv)
(v) Implement advanced building techniques and materials, including some listed below:
(1) Use of web floor trusses.
(2) Consider the use of recycled steel material, rather than lumber. (3) Use of structural insulated panels (SIP).
(4) Use engineered lumber.
(5) Use of cool roofs.
(vi) Installing attachments and pre-wiring for solar energy in new construction. (vii)Ensure equipment used to harness the energy of the sun is located in the most opportune location to make use of the full extent of natural energy. (1) Trees should be sited to respect solar access to solar cell facilities. (2) Solar cells should be sited in positions that will allow the greatest extent of sunlight exposure. (See Figures 17.a(vii)1 and 17.a(vii)2)

9.2.b
Packet Pg. 319 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 41 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 17.a(vii)1
Figure 17.a(vii)2
(viii) Projects should incorporate electric/alternative fuel vehicle charging facilities within new/remodeled development projects, consistent with zoning ordinance requirements. Furthermore, the vehicle charging facilities should be located close to the garage’s electrical panel and should “blend in” with the house design/color to provide architectural compatibility. (Per PHMC Section 18.55.070A)
(ix) Follow recommendations included in the United States Green Building Council for Green Building and encourage projects to be compatible with Leadership in Energy and Environmental Design (LEED) standards. b. Water Efficient Landscaping

9.2.b
Packet Pg. 320 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 42 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Ensure compliance with City Water Efficient Landscape Ordinance provisions (Per PHMC Chapter 18.52).
(ii) Protect and keep native soils and vegetation in its existing state to decrease the need to replant.
(iii) Reuse plant materials from the site if appropriate. (iv) The use of native plants that requires less irrigation.
(iv) Use of irrigation systems that effectively use water resources. (v) Provide for on-site water catchment/retention to reduce the need for water. (vi) Use lighter colored paving materials and open grid paving systems. (1) Use colors that reflect, rather than absorb heat.
(2) Consider decomposed granite or crushed rock instead of asphalt where appropriate.

There are no Environmental Sustainability Objective Design Standards.

9.2.b
Packet Pg. 321 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 43 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s B. Multi-Family Residential
Multi-Family residential uses include multiple dwelling units and include townhouses, condominiums, and apartment complexes. The following design guidelines apply to multi- family residential uses.

1. Site Planning Design Guidelines
Multi-family developments are characterized by higher density residential buildings comprised of attached units and common facilities such as parking, open space, and recreation areas. Site planning includes managing the building’s relationship to the street, placement of the buildings, location of common facilities, open space, and parking. The following design guidelines apply to site planning for multi-family developments:
a. Setback patterns within the immediate vicinity should be maintained. b. Buildings should be placed in a manner that maximizes solar access during cooler months and limits it during warmer months.
c. Buildings should be oriented to promote privacy to the greatest extent possible.

Figure 1.d,e,m
d. Buildings should be sited to maximize areas for open space and common space areas. (See Figure 1.d,e,m)
e. Buildings, roadways, and parking should be sited to preserve existing heritage, protected, and mature trees subject to Pleasant Hill Municipal Code (PHMC) Section 18.50.110. (See Figure 1.d,e,m)
(i) Removal of existing heritage and protected trees should be avoided except circumstances where the tree is dead or dying, poses a life/safety hazard, in cases that renders the site not developable, or in other exceptional cases as noted in PHMC Section 18.50.110).

9.2.b
Packet Pg. 322 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 44 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) An arborist report is required for any project that results in loss of heritage and protected trees and the report is subject to peer review by the City. (iii) Encroachment into existing tree canopies should be minimized to the greatest extent possible.
(iv) Any encroachment into/beneath a tree canopy requires an arborist report to ensure that new construction does not negatively impact the long-term survivability of the tree.
(v) Removed trees should be replaced with quality species trees at a number that the site can reasonably accommodate. Native and indigenous trees should be replaced with like trees, while non-native trees may be replaced by a broader palette of tree species.

Trees are determined to be mature based on different standards including species, health, and age of tree.
f. Buildings and structures should be sited to allow maximum sunlight onto private and community open spaces.
g. Buildings should be sited so that sunlight directly enters each dwelling unit during some part of the day year-round.
h. New buildings/structures should be sensitive to existing structures and minimize obstruction of existing outward views where possible.
i. Buildings should relate to the street and be located on the site to reinforce street frontages.
j. All building entries should be prominent and visible. k. Uses should be buffered from incompatible development through the use of increased setbacks, fencing, and landscape screening.
l. Vehicular gated projects are discouraged.
m. Common facilities should be centrally located on the project site. (See Figure

1.d,e,m)
n. Open space areas should have easy access and clear visibility. o. Stormwater impacts need to be addressed in the early stages of project design as they often have an impact on site design. See City Engineering website for additional information -http://www.ci.pleasant-hill.ca.us/379/NPDES-Program. p. ADA requirements need to be addressed in the early stages of project design as they often have an impact on site design.
(i) Compliance with current California Building Code (CBC) and American with Disabilities Act (ADA) requirements is required
(ii) CBC and ADA requirements affect various project areas including common areas and most exterior areas.
q. Urban Creek Guidelines
(i) A larger setback should be provided for structures when located near deeper creeks per PHMC Section 18.50.150.

9.2.b
Packet Pg. 323 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 45 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Development near and adjacent to creeks should minimize impacts to existing drainage facilities.
(1) Proposed improvements should not diminish the capacity of the creek. (2) Proposed improvements should not increase flooding potential. (3) Runoff should be detained on-site prior to discharge into the creek. (4) Proposed improvements should not cause in increase in erosion or cause instability of the creek banks.
(5) Outfalls to creeks should minimize creek erosion.
(iii) Development adjacent to creeks should minimize impacts to the riparian habitat.
(1) Improvements should be kept away from riparian corridors. (iv) Improvements within creeks are discouraged; however, when proposed should be limited to outfalls, infrastructure improvements, and landscaping approved by local, state, and regional agencies.
(v) Creek stabilization should incorporate soil bio-engineering and plant-based methods.
(vi) Creek improvements should require minimal maintenance. (1) Access for the maintenance and monitoring of creeks should be provided.
(vii)Improvements within creeks should be designed for longevity.

2. Site Planning Objective Design Standards
a. Structures shall be sited from parallel to within 45 degrees of parallel, to the street.
b. Corner structures that face two public streets shall include entries that are sited from parallel within 45 degrees of parallel, to each street. (see figure 2.b)

9.2.b
Packet Pg. 324 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 46 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 2.b
c. All entries facing a public street shall have a pedestrian pathway that connects to the public sidewalk or a public street.
d. All public property that fronts a project shall be improved to current Public Works standards and specifications. Projects shall install and dedicate street improvements including, but not limited to curb and gutter, sidewalk, driveway aprons, street paving, storm drainage facilities, sewer and water, fire protection, undergrounding of utilities and street lighting.

3. Scale and Mass Design Guidelines
The overall size, shape, scale, and massing of a new building can impact the surrounding neighborhood. The overall form of a new building should incorporate as much variety as possible and avoid large expanses of flat wall or roof. Design techniques can be used to minimize the size of multi-family structures, in keeping with a small-town feel.
a. Buildings should be articulated to help minimize the appearance of bulk and provide a more pedestrian scale. (See Figure 3.a)

9.2.b
Packet Pg. 325 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 47 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.a
b. Overall height of new structures should be in scale with other buildings in the neighborhood.
c. Appropriate buffers and transitions should be used when locating multi-story buildings adjacent to single story buildings. (See Figure 3.c) Figure 3.c
d. Facades of horizontal buildings should be broken into smaller components through use of vertical elements or recessing of the building. e. Long rooflines should be broken up and provided with articulation. (See Figure.

3.e)

9.2.b
Packet Pg. 326 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 48 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.e

4. Scale and Mass Objective Design Standards
a. Structures shall be vertically and horizontally articulated along all facades that face or will be visible from a public street. Horizontal articulations, including change in total height of a minimum of two feet, change in roof pitch or form, or inclusion of a gable or dormer, shall occur at intervals of a maximum of 20 feet. b. Second floor balconies shall not be positioned along any side elevation within 10 feet of an adjacent multifamily property line or within 20 feet of an adjacent single-family property line.
c. Vertical articulations shall include a change in wall plane by a minimum depth of two feet at a maximum interval of 30 feet, incorporating a projection or recess with a minimum width of two feet and a minimum height of eight feet and a minimum depth of two feet, or stepping back the floors above the ground floor by a minimum of two feet. (see figure 4.c.i and 4.c.ii) An illustrative example of how a finished products would incorporate these vertical articulations is shown in figure 4.c.ii.

9.2.b
Packet Pg. 327 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 49 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 4.c.i
Figure 4.c.ii

9.2.b
Packet Pg. 328 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 50 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 4.c.iii

5. Architecture/Appearance Design Guidelines
The following design guidelines are intended to promote a high-quality appearance of multi-family buildings.
a. New multi-family buildings should be designed with pedestrian scale architecture, emphasizing the pedestrian entrance over the vehicular, stepping back multilevel buildings from the street, and visually breaking up facades into smaller components. (See Figures 5.a)

9.2.b
Packet Pg. 329 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 51 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figures 5.a
b. Designs should be visually appealing and include varied facades and pleasing exterior elevations.
(i) Special architectural treatment should occur at the ends/corners of buildings. (See Figures 5.b(i))
(ii) Structures should have varying height, color, setback, materials, texture, landscaping, trim and roof shape.
(iii) Facades should be varied and articulated to provide visual interest to the street and pedestrians.

9.2.b
Packet Pg. 330 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 52 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figures 5.b(i)
c. Building materials and colors should be complementary to the surrounding area.

Appropriate colors should be used to better blend with the surrounding area. d. To help reduce the appearance of bulk, building body colors should be lighter than trim colors.
e. The use of foam for trim should be minimized and only used when natural materials are not feasible.
f. No building façade should consist of an unarticulated blank wall or an unbroken series of garage doors.

9.2.b
Packet Pg. 331 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 53 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s g. Windows should be recessed to the building façade to provide increased visual interest to the building.
h. The finished architecture should treat the whole structure and finish appropriately on all sides to provide continuity. (See figure 5.h)
Figure 5.h
i. Windows should be appropriately sized, spaced, and composed on the building. j. Architectural features (such as awnings, shutters, tile, and metal elements) should be used on the exterior to provide increased visual interest to the building where appropriate. (See Figure 5.j)
Figure 5.j
k. Roof materials should relate to the design and architectural style of the building. l. Plans submitted to the City should be prepared by a licensed professional.

9.2.b
Packet Pg. 332 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 54 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

6. Architecture/Appearance Objective Design Standards
a. Windows located on upper floors within 15 feet of an adjacent structure shall utilize one or more of the following techniques to minimize privacy impacts on adjacent properties and/or structures:
(i) Use clerestory windows located at a minimum height of 5 feet measured from the finished floor;
(ii) Use of non-transparent or frosted glazing; (see figure 6.a.ii) Figure 6.a.ii
(iii) Installation of permanent architectural screens or louvers in front of windows; and/or (see figure 6.a.iii)
Figure 6.a.iii

9.2.b
Packet Pg. 333 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 55 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iv) Position the window so that it is not in line or directly face a window on an adjacent structure.

Figure 6.a.iv
b. For structures of four or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features (i) Incorporate a change in wall material in addition to a change in wall plane of at least one inch in depth at the transition between the two materials. (ii) Treat the ground floor with materials such as stone, concrete, or other similar masonry or cementitious materials that are distinct from the remainder of the structure.
(iii) Set back the top floor(s) of the structure a minimum of 5 feet from the remainder of the building façade.
(iv) Incorporate a horizontal feature such as a bellyband or belt course. (see figure 6.b.iv)

9.2.b
Packet Pg. 334 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 56 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 6.b.iv
c. Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.

7. Environmental Sustainability Design Guidelines
Building “green” is an environmentally responsible construction technique that continues to be accepted and demanded, not only in the region, but for the nation.

Building responsibly provides benefits for people and environment in the name of preservation of natural resource, reduced impacts on the environment, and long-term lower maintenance and utility costs.
a. Using landscape to reduce energy costs.
(i) Use of trees to cool buildings in the summer.
(ii) Use of deciduous trees to take advantage of shade during the summer and allow the sun to shine through during winter months.

9.2.b
Packet Pg. 335 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 57 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Refer to landscape section for additional landscape recommendations b. Using recycled materials, low wattage bulbs, low flow fixtures, energy efficient appliances, windows, tankless water heaters, etc.
c. Recycle and reuse materials from the existing structure. d. Using higher quality, long lasting materials that result in reduced maintenance and the need to use new materials less frequently.
e. Quality Insulation in buildings can better moderate inside temperatures. f. Implement advanced building materials and techniques, including some listed below:
(i) Use of advanced framing design.
(ii) Consider the use of recycled steel material, rather than lumber. (iii) Use of structural insulated panels (SIP).
(iv) Use engineered lumber.
(v) Use of cool roofs. (See Figures 7.f (v))
Figures 7.f(v)
g. Installing attachments and pre-wiring for solar energy in new construction. h. Ensure equipment used to harness the sun is located in the most opportune location to make use of the full extent of natural energy. (i) Trees should be sited to respect solar access to photovoltaic (PV) facilities. (ii) Solar cells should be sited in positions that will allow the greatest extent of sunlight exposure. (See Figure 7.h (ii))

9.2.b
Packet Pg. 336 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 58 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 7.h(ii)
i. Follow recommendations included in the United States Green Building Council for Green Building and encourage projects to be compatible with Leadership in Energy and Environmental Design (LEED) standards.
j. Achieve “ENERGY STAR” certification through the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE). k. Projects should incorporate electric/alternative fuel vehicle parking spaces and facilities within new development projects, consistent with Zoning Ordinance requirements. Furthermore, private vehicle charging facilities should be located close to the garage’s electrical panel and should “blend in” with the house design/color to provide architectural compatibility.
l. Water Efficient Landscaping
(i) Minimize disruption to existing native soils and vegetation to decrease the need to replant.
(ii) Reuse plant materials from the site if appropriate. (iii) The use of native plants that require less irrigation. (iv) Use of irrigation systems that effectively use water resources. (v) Provide for on-site water catchment/retention to reduce the need for water. (vi) Ensure compliance with City Water Efficient Landscape Ordinance requirements.
(vii)Consider decomposed granite or crushed rock instead of asphalt where appropriate.
m. Provide shade at hardscape areas (See Figure 7.l)
n. Use less paving, lighter colored paving materials, and open grid paving systems.

9.2.b
Packet Pg. 337 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 59 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 7.l
There are no Environmental Sustainability Design Standards.

9.2.b
Packet Pg. 338 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 60 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

8. Private Open Space Design Guidelines
A major component of multi-family developments is private open space. Private open spaces are areas that are connected to multi-family units and usually are defined as patios, balconies and decks. They are especially important since residents of multifamily developments do not have a yard or other open spaces that are common with single-family residences. Private open space areas should be usable and in areas that will have an appropriate level of privacy.

Common storage needs are often overlooked, yet storage areas can be critical in making private open space work for residents. The following design guidelines are to be used for private open space:
a. Well designed and adequately sized private open spaces should be provided for each unit consistent with Pleasant Hill Municipal Code (PHMC) Section

18.20.040.E. (See Figure 8.a,b,c)
b. Each unit should have some amount of private open space. (See Figure 8.a,b,c) c. Private open space should be easily accessible from individual units. (See Figure

8.a,b,c)
d. Balcony walls should be designed to allow outward visibility. e. e. Fencing and walls should be provided to define private open spaces and to enhance security and privacy. (See Figure 8.a,b,c
f. Design and orientation of open space areas should provide shelter to noise and traffic of adjacent streets or other uses.

Figure 8.a,b,c

9.2.b
Packet Pg. 339 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 61 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

9. Private Open Space Objective Design Standards
a. Each unit shall include a minimum of 48 square feet of private open space with a minimum horizontal dimension of six feet in either direction (width/depth). This requirement is exempt if the unit is directly adjacent to a common open space area.
b. Ground floor private open spaces shall be separated from common areas by an opaque fence or wall between three and seven feet in height.

10. Common Open Space/Amenities Design Guidelines
Shared outdoor area and amenities are intended for use by all residents and should be created with this in mind. Such areas should have easy access from any dwelling unit in the project and should include clear boundaries so that residents and visitors understand what is common and what is private. These areas should be designed for use at night as well as during the day. The following design guidelines apply to the design of common open space and amenities:
a. Common open space and amenities should have access from any dwelling unit in the project.
b. The amount of space and amenities should be larger in size and quantity in proportion to the size of the project.
c. Open spaces should be provided as large components rather than unusable fragments. (See Figure 10.c)
Figure 10.c

9.2.b
Packet Pg. 340 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 62 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s d. Open space areas should be designed to take advantage of sunlight and open air.
e. Projects should provide common amenities to enhance the livability of the project, including, but not limited to pools, exercise rooms, play facilities, and community rooms.
f. Play areas should be centrally located and designed in a manner that allows for adult supervision and child safety.

11. Common Open Space/Amenities Objective Design Standards a. Developments shall provide amenities as follows:
(i) Two to five dwelling units shall provide one amenity. (ii) Six to 15 dwelling units shall provide two amenities. (iii) Sixteen to 30 dwelling units shall provide three amenities. (iv) Thirty-one or more dwelling units shall provide one additional amenity for each 20 units or fraction thereof.
b. Approved amenities include:
(i) Childcare: Playroom, playground, or tot lot with play structures (ii) Fitness and Wellness: Fitness center, pool (indoor or outdoor), spa, sports courts, meditation rooms, yoga/spin studio.
(iii) Outdoor Passive Recreation: Cabanas/daybeds, firepits, Ccommunity garden, courtyard/patio area, rooftop deck, al fresco dining area with BBQ. (iv) Pet-Friendly Amenities: Dog Park or run, self-service pet grooming. (v) Home Office: Conference rooms, co-working spaces, conference call booths, printing services, Wi-Fi lounge.
(vi) Entertainment: Private event space, game room, sports lounge, theater.

12. Landscaping Design Guidelines
Landscaping is a critical component that complements good architectural design to create a finished product. A variety of plantings should be selected and provided appropriately for their intended use. The following design guidelines apply to landscape design:
a. Landscaping should be used as a unifying element within a project to obtain a cohesive appearance and to help achieve compatibility of a new project with its surroundings. (See Figures 12a, 12b)
b. Landscaping should be used to complement good design, not hide substandard architecture. (See Figures 12a, 12b)

9.2.b
Packet Pg. 341 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 63 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 12.a
Figure 12.b
c. Select landscape materials and plants that are appropriate in scale and function with the site and for the site conditions.
d. Landscape should generally have a logical tiered system. e. Heritage and protected trees should be preserved for the community’s enjoyment to the greatest extent possible.
(i) Heritage trees are defined as any tree enrolled in the City’s Heritage Tree Program and with a trunk diameter of 16 inches or more or any tree grouping

9.2.b
Packet Pg. 342 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 64 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s in the City with at least one tree of this diameter [per Pleasant Hill Municipal Code (PHMC) Section 18.50.110.E].
(ii) (ii) Protected trees are identified as a native or indigenous tree with a trunk diameter 9 inches or greater at a height of 54-inches from the ground, or any non-native tree with a trunk diameter greater than 18 inches at a height of 54- inches from the ground (as per PHMC Section 18.50.110.A). f. Existing, mature trees should be preserved to the greatest extent possible and incorporated within the overall landscaping plan.
(i) New structures should be designed to not impact existing mature trees to the greatest extent possible.
(ii) Arborist reports should be provided for new development with existing heritage and protected trees at the site.
(iii) An arborist report is required for any project resulting in loss of mature trees and the report may be subject to peer review for accuracy by the City. (iv) Incorporate tree protection measures to save heritage and protected sized trees. (v) Incorporate designs that ensure the long-term longevity of trees. g. Provide landscaping that supports solar gains. (See Figure 12.g) (i) Providing shade trees to help cool buildings during summer months. (ii) Planting deciduous trees 20’-40” apart on the south and west sides of buildings to shade during the summer and allow sunlight through during winter months.
(iii) Use 1/3 evergreen trees for winter structure and variety. (iv) Trees should be sited to respect solar access to photovoltaic (PV) facilities.

Figure 12.g
h. Hardscape areas should be naturally shaded.

9.2.b
Packet Pg. 343 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 65 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s i. Landscaping should be incorporated into projects to create an inviting and comfortable environment for residents. (See Figure 12.i) Figure 12.i
j. Landscaping should avoid creating a green wall of vegetation (typically greater than three feet in height) at the front yard.
k. Landscape and hardscape elements should define useful public and private spaces. (See Figure 12.k)
Figure 12.k

9.2.b
Packet Pg. 344 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 66 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s l. Seating options in landscaped areas should be provided. m. Visual focal points such as fountains, sculpture, and art are strongly encouraged to be integrated into landscaping. (See Figure 12.m)
Figure 12.m
n. Walls in alleys abutting residential uses should be screened with landscaping such as clinging vines. Landscape areas adjacent and between garages in alleyloaded residential areas are encouraged. (See Figure 12.n) Figure 12.n

9.2.b
Packet Pg. 345 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 67 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s o. Up-lighting should be provided to highlight and accentuate special or significant landscape elements.
p. Vines and climbing plants integrated upon buildings, trellises, and perimeter walls are encouraged.
q. Structural soil should be used in planting areas that are small and constrained. r. Landscaping should be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces.
s. Plant material should be sited to respect lighting and allow emergency apparatus access. Trees and large shrubs should be sited to avoid potential damage to overhead lines or underground facilities
t. Utilize landscaping to provide screening of above ground equipment, trash facilities, and parking lots.
(i) Where possible, air conditioning and mechanical equipment should be located on the north and east sides to minimize stress during warmer months. u. Vines and climbing plants integrated upon buildings, trellises, and perimeter walls are encouraged. (See Figure 12.u)
Figure 12.u
v. When selecting plant materials, the following design guidelines should be followed:
(i) When replacing existing mature trees, new trees should be 36–48-inch box size to quickly replace the lost tree canopy or smaller trees should be planted in numbers that replace the lost tree canopy.
(ii) Trees species and sizes should be selected that best fit the planting areas. (iii) Shrub’s species and sizes should be selected that best fit the planting environment.
(iv) Ground cover should be planted using spacing and sizes that will accomplish ground coverage within a short amount of time.
w. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space."

9.2.b
Packet Pg. 346 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 68 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s x. Encourage the use of alternative sources of water (rainwater, recycled) where possible for irrigation.
y. Landscaping should emphasize native and water-efficient plants. z. Irrigation
(i) Automatic sprinkler controls with rain sensors should be installed to ensure that landscape areas would be watered adequately.
(ii) Sprinkler heads and risers should be protected from dogs, movers, gardeners, and car bumpers. Pop-up heads should be used near curbs and sidewalks.
(iii) The landscape irrigation system should be designed to prevent run-off and overspray.
(iv) Irrigation should use drip and low flow systems to minimize use of water. (v) Irrigation should be designed consistent with the City Water Efficient Landscape requirements of the Zoning Ordinance (PHMC Chapter 18.52). aa. To ensure successful and attractive landscaping on multi-family sites, landscape plans should be prepared by a landscape designer, licensed landscape architect, or other qualified professional.

13. Landscaping Objective Design Standards
a. Pedestrian pathways, hardscapes, front setbacks, and parking areas shall be shaded, with minimum 24-inch box shade trees at intervals of a maximum of 30 feet. A minimum of 50 percent of the trees selected shall be of deciduous variety. b. All areas not occupied by structures or pavement shall be landscaped.

Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches.
c. Trees shall be planted along the street frontage at intervals of a maximum of 30 feet and a minimum of 50 percent shall be of deciduous variety. A deciduous tree shall be provided in the rear yard or along a side yard to the west of the primary structure. Trees shall be a minimum box size of 24 inches at the time of planting. d. A maximum of 25 percent of the front yard area shall be paved or hardscaped. e. Landscaping shall be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces with a minimum height of six inches.
f. Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks. g. Development adjacent to creeks shall position structures along setbacks opposite the creek setback, so that open yard areas, rather than structures, are positioned along creek setbacks.
h. Creek stabilization shall incorporate soil bio-engineering and plant-based methods.

9.2.b
Packet Pg. 347 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 69 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

14. Fences and Walls Design Guidelines
Fences and walls are used to demarcate private space and public space, while creating visual openness and visual interest. The following are design guidelines for fences and walls:
a. The design of fences and walls should be architecturally compatible with the primary structures.
b. Walls with public views should be decorative, include vertical elements, and change in elevation. (See Figure 14.b)
Figure 14.b
c. Solid walls and fences are discouraged unless used to demarcate private spaces, separate from adjacent uses, or provide sound separation from busy streets.
d. Fences and wall should not be placed within the public right-of-way.

15. Fences and Walls Objective Design Standards
a. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.
b.a. Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet. (see figure 15.a)

9.2.b
Packet Pg. 348 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 70 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.a
c.b.Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
d.c.Chain-link fences are prohibited.

16. Lighting Design Guidelines
Lighting can serve dual purposes - to enhance the appearance of the project when the sun goes down, and also to provide safety and security. However, lighting can also be intrusive to neighbors and residents as well as to the neighborhood when too bright or inappropriately directed.
a. Lighting levels should be minimized to preserve the night (dark) sky. b. Dark areas within pedestrian and vehicular areas should be avoided for safety purposes.
c. Light fixture design should be compatible and relate to the design and the use of the principal structure on the site.
(i) Pedestrian, vehicular, and wall lighting fixtures should complement each other and the architecture of the building.
(ii) Light fixtures should complement the main structures and not attract attention.
d. Lighting plans should be designed in conjunction with the landscape plan. e. Height of the light poles should be appropriate for the project and the surrounding environment.

9.2.b
Packet Pg. 349 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 71 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) As a general rule, the height of the light poles should be lower than the main building height. (See Figure 16.d(i, ii))
(ii) Pedestrian scale lighting should be appropriate to the setting. (See Figure

16.d (I, ii)
Figure 16.e(I,ii)
f. l Parking lot lighting should be in scale with the project yet provide adequate lighting for safety and visibility purposes.
g. Parking lot lighting should incorporate full cutoff fixtures designed to be consistent with Zoning Ordinance provisions - PHMC Section 18.55.140. (See Figure 16.g)
h. Shield light sources to prevent any glare or direct illumination on adjacent properties. (See figure 16.f)

9.2.b
Packet Pg. 350 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 72 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 16.g
Figure 16.g
i. Wall pack glare should be shielded and minimized.
j. All pedestrian and vehicular areas should be well-lit for safety and security. k. Subtle illumination to enhance the architectural form of a building is encouraged.

17. Lighting Objective Design Standards
a. All entryways, porch areas, pedestrian pathways, parking areas, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Lighting shall use light emitting diodes (LEDs) with a maximum

9.2.b
Packet Pg. 351 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 73 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s temperature of 3000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in Subsection 18.55.140(b) of the Zoning Ordinance. A photometric plan shall be provided to show compliance.
b. Light fixtures that are not used for security and safety purposes shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited unless necessary for security and safety purposes.

18. Circulation and Parking Design Guidelines
a. Circulation. On-site circulation is provided to connect residents to common facilities, such as parking lots, mailboxes, trash enclosures, other project amenities, other dwelling units, and to points outside the project. Vehicular circulation is important to minimize conflicts between pedestrian and vehicular uses, and to minimize the amount of paving in projects. The following are design guidelines for on-site circulation:
(i) Vehicular
(1) Site access and internal circulation should promote safety, efficiency and convenience. Conflicts between vehicles and pedestrians should be avoided (per PHMC Section 18.55.100).
(2) Continuous circulation is encouraged, with dead-end driveways minimized.
(3) Site access points should be minimized and located as far as possible from street intersections.
(4) Decorative pavement should be used at entries and pedestrian crosswalks.
(5) In the isolated instances that security gates are incorporated into a project, adequate queuing space and turn-around area should be provided to prevent blockage of adjacent streets.
(6) Parking lot design should conform to standards identified in the Zoning Ordinance [Pleasant Hill Municipal Code (PHMC) Chapter 18.55]. (ii) Pedestrian
(1) Facilitate pedestrian access and circulation. Entry design should incorporate sidewalks on both sides of the driveway.
(2) Direct access from public streets should be provided to entries. (See Figure 18.b (2))

9.2.b
Packet Pg. 352 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 74 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(2)
(3) Access is encouraged to adjacent uses.
(4) When in close proximity to trails and other established pedestrian paths, direct access should be provided.
(5) Pedestrian walkways should be safe, visually attractive, and well defined by landscaping and lights. Use of decorative pavement is encouraged in hardscape areas, at a minimum it should be used to delineate crossings. (See Figure 18.b (5))

9.2.b
Packet Pg. 353 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 75 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(5)
(6) Walkways should be at least 4 feet clear in width.
(7) Circulation should take into account CBC & ADA requirements in the early stages of project design.
b. Parking. Parking is an important issue that needs to be properly addressed in multi-family housing development. Large parking spaces can dominate a site and consume open space possibilities; however, it is needed in adequate amounts as part of a successful development. Parking areas should be safe and secure and allow easy access from housing units.
(i) Parking areas should be well-designed and safe, located away from public views.
(ii) Parking lots should be sited at the rear or side of the site to allow a majority of the dwelling units to front the street. (See figure 11.b(ii)) (iii) Garages/carports should be architecturally integrated with the main building and be architecturally consistent with the style/design. (iv) d. Multiple small parking lots should be built in-lieu of one large lot. (See Figure 18.b(iv))

9.2.b
Packet Pg. 354 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 76 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(ii, iv)
(v) When parking lots are along the street frontage, they should be screened with landscaping.
(1) Trees and shrubs should be planted to soften the impact of parking areas and provide shade for parking to the greatest extent possible. (See Figure

18.b (v.1))
Figure 18.b(v.1)
(vi) Perimeter landscaping should be provided around parking lots as per Pleasant Hill Municipal Code (PHMC) Section 18.50.140.
(vii) Trees should be provided to allow for 50% canopy coverage of parking lots at tree maturity to the greatest extent possible. (See Figure 18.b(vii)) (viii) Landscape islands should be a minimum of four feet wide to allow adequate spacing for trees. (PHMC 18.55.140.C)

9.2.b
Packet Pg. 355 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 77 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(vii)
(ix) Trees should be located to avoid contact with vehicle overhang and car doors.
(x) When parking structures are proposed, blank and unarticulated walls should be avoided or decorated with artwork and/or vegetation. (See Figure 18.b(x)) (xi) Parking lots should be sited in proximity to dwelling units to allow for casual surveillance.

Figure 18.b((x)

9.2.b
Packet Pg. 356 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 78 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (xii)The number of driveways should be minimized and located an adequate, safe distance from street corners.
(xiii) Driveway entrances (from streets) should receive special landscape and paving treatments to break up paving expanses and to define the site entrance. (See Figure 18.b(xiii))
Figure 18.b(xiii)
(xiv)Parking spaces off of main vehicular entryways should be at least one car length (15’ minimum) away from the street to allow safe ingress and egress for the first parking space.
(xv) Accessible parking spaces will be required to comply with current requirements.
(xvi)Parking lots should be drained to landscape or other filtering solutions to minimize polluted runoff.

19. Circulation and Parking Objective Design Standards
a. Parking shall be prohibited between the structure front and the street. Any other parking areas that are visible from the street shall be screened by landscaping or fencing with a minimum height of six feet.
b. Parking areas shall be oriented to interior common spaces, structure entries, and windows and shall not be separated from these areas by a fence, wall, or landscaping in excess of three feet in height.
c.b.Parking spaces located off main vehicular entryways shall be a minimum of 20 feet away from the street to allow safe ingress and egress for the first parking space. (see figure 19.b)

9.2.b
Packet Pg. 357 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 79 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 19.b
d.c.Projects with more than 10 units shall provide a minimum of two parking areas.

No more than 60 percent of the parking stalls may be sited in a single parking area unless in a multi-level structure.
e.d. Exterior facing walls of parking structures shall be articulated with artwork, natural ventilation, and/or landscaping at minimum intervals of 10 feet.

The articulation shall occupy a minimum area of 16 square feet of wall surface area.

9.2.b
Packet Pg. 358 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 80 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 19.d
f.e. Carports shall use a color scheme from a structure within the development. g.f. Parking areas shall be lined with 24-inch box shade trees planted every 30 feet, on average.
h.g. Perimeter landscaping shall be provided around parking lots as per PHMC Section 18.50.140.
i.h. Parking areas, excluding those with carport-mounted solar panels, shall include one tree for every three stalls. Trees shall be a minimum of 24-inch box size at the time of planting.
j.i. Parking areas shall be interconnected and shall use shared driveways accessing the development.
k.j. All structures, amenities, parking areas, building entries, and common spaces shall be connected by pedestrian pathways with a minimum width of four feet. l.k. Pedestrian pathways shall be connected to the public sidewalk along each street frontage.

20. Service Facilities and Utilities Design Guidelines
An important part of multi-family residential projects that is often overlooked is the siting of service facilities and utilities. They should not be treated as after thoughts, but should be designed to enhance or at least not negatively impact the overall site plan. The following are
a. Locate service facilities and drives away from public streets and nearby residential uses. Place service uses in the least visible areas.

9.2.b
Packet Pg. 359 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 81 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s b. Provide access for service vehicles and separate from other on-site circulation patterns when possible.
c. Fully screen all service facilities from the public street and adjoining properties.

Screening should match the design and material of the main building. d. When new transformers are required within public views and within the front yard setback, they should be undergrounded. In all other locations it should be screened from views consistent with Pleasant Hill Municipal Code (PHMC) Section 18.50.090. (See Figure 20.d)
Figure 20.d
e. Mechanical Equipment
(i) Mechanical equipment should be sited in side and rear yard areas of the project, hidden from public views or designed to be located within the associated building (i.e. Fire District risers) to avoid a “tacked on” appearance.
(ii) Locate mechanical equipment away from on-site and adjacent uses to not cause noise problems.
(iii) Fully screen roof top equipment from public views as per PHMC Section

18.50.090. (See Figure 20.e(iii,iv,v))
(iv) Screening for roof top equipment should use architecture that matches the overall building design. (See Figure 20.e(iii,iv,v))
(v) Avoid multiple roof screens; all equipment should be within one cohesive screen. (See Figure 20.e(iii.iv,v))

9.2.b
Packet Pg. 360 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 82 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 20.e(iii, iv, v)
f. Trash and Recycling Facilities
(i) All multi-family projects should provide for adequate storage of trash and recyclable materials in enclosed areas (PHMC Section 18.50.070). Typically, for any enclosed area, 40% of the floor space should be allocated for trash, 40% for recycling, and 20% for organics. Where an enclosure contains both carts and bins, an area that is 150% of the sum of bin and cart footprints is recommended.
(ii) Trash enclosures should be conveniently accessible by collection trucks and sufficient space provided to move bins and carts as needed by users. (iii) Enclosures should be in rear and side yards.
(iv) Provide a pad durable enough (i.e. reinforced concrete pad, reinforced paving) to withstand garbage collection activities in front of and within enclosures.
(v) Enclosures should be located within close proximity (within 300 feet) of each unit for user convenience.
(vi) Trash enclosures should screen trash containers on all 4 sides to the full height of the container, consistent with PHMC Section 18.50.070. Enclosure gates should be equipped with a mechanism (i.e. self-latching/self-closing gates) to secure the doors in the open and closed position. Enclosure should be covered to prevent storm water contamination
(vii)The style, material, and color of enclosures should be similar to those of the main structure. (See Figure 20.f(vii))

9.2.b
Packet Pg. 361 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 83 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 20.f(vii)

21. Service Facilities and Utilities Objective Design Standards a. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. Trash, recycling, and organic waste bins and dumpsters (trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited. Refuse enclosures shall be painted the same colors as a residential structure within the development. Refuse enclosures shall screen trash containers on all four sides to the full height of the container, consistent with PHMC Section 18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.
b. Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from the street by landscaping with a minimum height of six feet.
c. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping.
d. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.
e. Utility and mechanical equipment shall not obstruct pedestrian pathways.

22. Public Improvements Design Guidelines
When a new project is proposed within the City, it can be reasonably expected that construction will also occur within public property (roads, easements, trails, etc.).

When this occurs, the private developer is responsible to repair any damage. It is also the expectation that improvements will occur along all frontages related to the project boundaries and any relevant areas that will be impacted by the proposed development.

9.2.b
Packet Pg. 362 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 84 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s a. All public property that fronts a project should be improved to current standards. (i) Improvements include streets, sidewalks, and landscaping. (ii) ADA improvements are required.
(iii) Street widening may occur when deemed appropriate for an area. (iv) New lighting and signage may also be required.
b. Improvements can be required further away from the project site. (i) Lane widening to accommodate traffic increases.
(ii) A new or modified traffic signal at nearby intersections.

23. Signage Design Standards
Please see the City Sign Design Guidelines section contained in the Non-Residential Design Guidelines for further guidance in regards to signs.

C. Drainage and Stormwater Requirements
The City of Pleasant Hill has various creeks that run through the City limits. Because of this, large portions of the City are susceptible to flooding during the rainy season. The flooding threat can be minimized by designing projects that allow rainfall to absorb back into the ground rather than rolling off of impervious surfaces. In addition, recent requirements by the State have made the reduction of stormwater runoff and polluted runoff a priority for development projects. This helps to reduce flooding impacts as well as keeping water that flows into environmentally sensitive areas as clean as possible.

The following are design guidelines with regard to drainage and stormwater runoff:

1. Drainage Design Guidelines
a. Development and redevelopment projects will be required to incorporate drainage elements in site design as specified in the Subdivision Ordinance, National Pollutant Discharge Elimination System (NPDES) permit, Pleasant Hill Municipal Code (PHMC) Section 15.05 Stormwater Management and Drainage Requirements, and Public Works Standards. See City Engineering website for additional information - http://www.ci.pleasant-hill.ca.us/379/NPDES-Program. (i) Proposals should consider existing topography, soil types, existing drainage pattern, and creeks.
(ii) Drainage facilities should be low maintenance.
b. Projects should be designed to minimize impervious surfaces, allowing infiltration of stormwater.
(i) Pervious pavement materials should be considered. Turf block, gravel, unit pavers, porous asphalt, and pervious concrete are encouraged.

There are no Public Improvement Objective Design Standards.

There are no Sign Objective Design Standards.

9.2.b
Packet Pg. 363 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 85 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Shared driveways and reduced width should be considered. c. Projects should maximize and preserve existing open space. Development layouts should be clustered or arranged to maximize open space. d. Projects should incorporate landscape elements to reduce pollution from urban runoff.
(i) Runoff should be routed into landscaped areas for treatment and detention. (See Figure 1.d (i,ii))
(ii) (ii) Landscaped areas should incorporate appropriate species. (See Figure

1.d (i,ii)) Some trees species for consideration can include, but are not limited to, Western Redbud, Raywood and California Ash, Box Elder, Hybrid Laurel, Victorian Box, Japanese Black Pine, Strawberry Tree, Catalina Cherry, Big Leaf Maple, Buckeye, Red Alder, White Alder, Black Walnut, Western Cottonwood, Red Willow, Elderberry, and California Bay Laurel. (iii) (Irrigation should be efficient.

Figure 1.d(I, ii)
(iv) Refuse areas should be located away from roofs and inlets, and should be covered or screened.
(v) Medians should be level or concave to contain and capture runoff. (See Figure 1.d (v))
Figure 1.d(v)

9.2.b
Packet Pg. 364 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 86 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s e. Drainage facilities should be integrated into landscaping, but also be identifiable. (i) Dry swales and infiltration planters should be lined or covered with cobbles that blend in with the landscape.

III. STREETSCAPE AND GATEWAYS
A. Streetscape
Streets are an integral part of any community and play a role in the appearance of a city.

Streets serve many purposes including connecting people and places, providing buffers between uses, serving as an exercise tool for bikers and joggers. Streets play an important role in strengthening neighborhood interaction and livability.

Streets can be a benefit as mentioned above and can also be a detriment by bringing traffic, air pollution, and congestion to a city. To ensure that the streets of Pleasant Hill continue to be an asset to the City, the following streetscape guidelines will help to maintain and improve streets:

1. Scenic Corridor/Routes – As designated within the City of Pleasant Hill General Plan a. Maintain a 50-foot setback for new development.
b. Encourage development/improvements that enhance the scenery of the area. (i) Encourage landscaping that is appropriate to the planting area without radically altering the existing vegetation.
(ii) Encourage landscaping that reflects the natural history and culture of the area, and Pleasant Hill in general.
c. Support improvements that enhance the scenery and open vistas along scenic corridors.

2. Arterial Streets
a. Arterial streets carry the bulk of traffic through the City. Arterials provide direct service to major traffic generators and connect to the freeway system. Arterials typically have higher speeds and because of the traffic loads, are often susceptible to traffic and congestion. Arterials mainly serve vehicles; however, alternative modes of transportation can be thoughtfully integrated with design while not impacting traffic flow.
b. To maintain existing flow of traffic, additional ingress and egress points are discouraged.
c. Bus turnouts should be provided to maintain efficiency of arterial streets. (See Figure 2.c)

9.2.b
Packet Pg. 365 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 87 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 2.c
d. Traffic light signals should be synchronized.
e. Adequate buffers between sidewalks and roadways should be maintained through a four-foot landscape strip between the street and sidewalk. f. Wide medians should be provided as space allows.
(i) Medians should consist of more than paint striping. (See Figure 2.f (i)) Figure 2.f(i)

3. Collector Streets
a. Collector streets are used as connectors between arterial streets that serve the City in general, and local streets that serve neighborhoods. Collector streets connect adjacent neighborhoods and carry through-traffic city-wide. b. Alternative modes of transportation should be thoughtfully integrated and designed within collector streets.
c. Landscaping should be integrated along collectors especially when located within residential areas. (See Figure 3.c)

9.2.b
Packet Pg. 366 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 88 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.c
d. Larger street setbacks should be incorporated along collector streets.

4. Local Streets
a. Local streets are an integral component of neighborhoods and function primarily to provide access to destinations both inside and outside the neighborhood.

Local streets should function to serve multiple modes of transportation including vehicle, pedestrian, bicycle, and other alternative modes of transportation. Local streets should be designed for use mainly by the neighborhood and encourage reduced speeds, rather than allow for high traffic speeds, congestion, and short cuts to get from one point to another.
b. b. When improvements at a site occur, new sidewalks should be provided to create a safer and better pedestrian network throughout neighborhoods as per Public Works Standards.
c. Street trees should be incorporated when sidewalks are rebuilt or added to a site. d. Streetlights should be minimized on local streets; however, should be used when addressing safety concerns.

5. General Streetscape Guidelines
a. Street Trees
(i) Street trees should be of a species without intrusive roots and consume minimal amounts of water. In addition, street trees should be appropriate for their location. If the tree is to be located in a tight median, the tree selected should be smaller.
(ii) (ii) When planting street trees, the minimum size should be 24 inch box. (1) Smaller sizes may be appropriate in small or tight planting areas or when availability issues arise.
b. Sidewalks

9.2.b
Packet Pg. 367 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 89 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Sidewalks located on wider streets should be separated from the roadway with a landscape strip. (See Figure 5.b (i))
(ii) New sidewalks installed at infill locations should match the existing sidewalks in the immediate area.

Figure 5.b(i)
c. Current and relevant CBC/ADA requirements are required to be satisfied with every project.

B. Gateways
Gateways are visual design features that allow residents and visitors to recognize when one is entering a special place or area. Well-designed gateways help to establish, strengthen, and provide an identity to the City, and will help to identify when someone is in the City of Pleasant Hill. The City of Pleasant Hill currently has gateway treatments at certain locations in the City

1. City identification signs should represent the City of Pleasant Hill - its history and present.

2. Gateway treatments should represent the identity of the City of Pleasant Hill on arterial streets and on major trails that enter and exit the City.

3. City gateways should use appropriate signage, landscaping, artwork, architectural features, and appropriate scale.

4. Sites at prominent gateway locations should provide additional landscape treatments and design amenities (including artwork) to help identify the transition into the City.

5. Utilities should be under-grounded to not detract from prominent gateway locations.

6. City designed projects should implement additional gateways features at prominent locations that help to create a sense of entry into the City.

7. When near gateways, service yards, storage areas, and parking lots should be screened.

9.2.b
Packet Pg. 368 Attachment: B - Residential Object Design Standards (Strikeout and Underlined Version) (Citywide Residential Objective Design Standards - 1 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s City of Pleasant Hill
City Wide Design Guidelines and Objective Design Standards 2017 Residential Guidelines | 2021 Residential Objective Design Standards Residential Design Guidelines
Adopted by City of Pleasant Hill City Council Resolution No. 68-17 Residential Objective Design Standards
Adopted by City of Pleasant Hill City Council Resolution No. _____ Please note that these Guidelines and Standards are used in conjunction with the City of Pleasant Hill Zoning Ordinance, General Plan and Public Works Standards

9.2.c
Packet Pg. 369 Attachment: C - Residential Objective Design Guidelines - Clean Version (Citywide Residential Objective Design Standards - Ordinance) 2 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Contents
I. INTRODUCTION................................................................................................................. 4 A. Purpose of City-Wide Design Guidelines ......................................................................... 4 B. Purpose of City-Wide Objective Design Standards.......................................................... 5 C. Design Guidelines & Objective Design Standards Considerations................................... 5 D. How to Use the City-Wide Design Guidelines and Objective Design Standards .............. 6 E. Frequently Asked Questions (FAQ)................................................................................. 7 F. Organization.................................................................................................................... 9 II. RESIDENTIAL....................................................................................................................10 A. Single-Family Residential ...............................................................................................10

1. Single-Family Site Planning Design Guidelines...........................................................10

2. Single-Family Site Planning Objective Design Standards............................................13

3. Scale and Mass Design Guidelines.............................................................................15

4. Scale and Mass Objective Design Standards..............................................................16

5. Building Architecture and Appearance Design Guidelines...........................................16

6. Building Architecture and Appearance Objective Design Standards ...........................19

7. Accessory Dwelling Units Design Guidelines ..............................................................21

8. Landscaping Design Guidelines..................................................................................21

9. Landscaping Objective Design Standards...................................................................25

10. Fences and Walls Design Guidelines..........................................................................26

11. Fences and Walls Objective Design Standards...........................................................27

12. Lighting Design Guidelines .........................................................................................28

13. Lighting Objective Design Standards ..........................................................................29

14. Infill Design Guidelines ...............................................................................................29

15. Subdivision Design Guidelines....................................................................................32

16. Hillside Residential Design Guidelines ........................................................................36

17. Environmental Sustainability Design Guidelines .........................................................38 B. Multi-Family Residential .................................................................................................42

1. Site Planning Design Guidelines .................................................................................42

2. Site Planning Objective Design Standards..................................................................44

3. Scale and Mass Design Guidelines.............................................................................45

4. Scale and Mass Objective Design Standards..............................................................47

5. Architecture/Appearance Design Guidelines...............................................................49

6. Architecture/Appearance Objective Design Standards................................................53

9.2.c
Packet Pg. 370 Attachment: C - Residential Objective Design Guidelines - Clean Version (Citywide Residential Objective Design Standards - Ordinance) 3 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

7. Environmental Sustainability Design Guidelines .........................................................55

8. Private Open Space Design Guidelines ......................................................................59

9. Private Open Space Objective Design Standards .......................................................60

10. Common Open Space/Amenities Design Guidelines ..................................................60

11. Common Open Space/Amenities Objective Design Standards ...................................61

12. Landscaping Design Guidelines..................................................................................61

13. Landscaping Objective Design Standards...................................................................67

14. Fences and Walls Design Guidelines..........................................................................68

15. Fences and Walls Objective Design Standards...........................................................68

16. Lighting Design Guidelines .........................................................................................69

17. Lighting Objective Design Standards ..........................................................................71

18. Circulation and Parking Design Guidelines .................................................................72

19. Circulation and Parking Objective Design Standards ..................................................77

20. Service Facilities and Utilities Design Guidelines ........................................................79

21. Service Facilities and Utilities Objective Design Standards.........................................82

22. Public Improvements Design Guidelines.....................................................................82

23. Signage Design Standards .........................................................................................83 C. Drainage and Stormwater Requirements........................................................................83

1. Drainage Design Guidelines .......................................................................................83 III. STREETSCAPE AND GATEWAYS....................................................................................85 A. Streetscape ....................................................................................................................85 B. Gateways .......................................................................................................................88

9.2.c
Packet Pg. 371 Attachment: C - Residential Objective Design Guidelines - Clean Version (Citywide Residential Objective Design Standards - Ordinance) 4 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s I. INTRODUCTION
The City of Pleasant Hill incorporated as a City in 1961. Its history goes further back than that, as it was farmland and orchards before residential and commercial uses started to spring up.

However, the Design Guidelines are intended to encourage quality, well-designed development throughout Pleasant Hill that enhances existing neighborhoods, creates identity, and improves the overall quality of life within the City. The guidelines are intended to promote a desired level of future development in Pleasant Hill that:

1. Preserves the sense of a small-scale, small-town community and maintains the surrounding environment.

2. Contributes to a positive physical image and identity and preserves the surrounding environment.

3. Provides design assistance to the development community, architects/designers and property owners.

4. Promotes high-quality development that stimulates investment in and strengthening of the economic vitality of all areas of Pleasant Hill.

5. Facilitates the development of projects that establish a sense of place while complementing the character of traditional design established within the existing neighborhood and the City.

6. Implements the goals, objectives, and policies of the Pleasant Hill General Plan.

7. Maintains and enhance property values and pride of ownership.

The guidelines are intended to promote a desired level of future development in Pleasant Hill that: These Residential Guidelines are meant for use by homeowners, developers, and architects in achieving a superior quality design of new construction and additions to existing buildings. The guidelines do not seek to impose an overriding style, colors or theme. The goal of the guidelines is to promote quality designs that have been carefully considered that have well integrated building features and architectural elements. These guidelines complement required development standards found in the City’s Zoning Code and Public Works Standards, among other documents. These guidelines will be revised in the future as policy, technology, and techniques evolve.

9.2.c
Packet Pg. 372 Attachment: C - Residential Objective Design Guidelines - Clean Version (Citywide Residential Objective Design Standards - Ordinance) 5 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s B. Purpose of City-Wide Objective Design Standards
The purpose of Objective Design Standards is to provide developers with a clear understanding of the City’s expectations for all residential project design. The design standards are written as objective requirements that use “shall” and “will” statements to confer mandatory compliance, opposed to the more permissive language found in the design guidelines. Accordingly, all residential projects shall comply with each objective design standard. Importantly, the design standards regulate site and structure design only. All residential projects are required to comply with all applicable building permit requirements, zoning ordinance requirements, development standards (e.g., ingress/egress, height and setbacks, drainage, etc.), and all other applicable City, County and State provisions.

C. Design Guidelines & Objective Design Standards Considerations The following are the main design principles of the City-Wide Design Guidelines and Objective Design Standards. All of the individual design components provided in the document ultimately support the City’s desired design principles. While the design guidelines in this document support the following design principles, the objective design standards contained herein may not.