Agenda packet, regular meeting — Pleasant Hill City Council, August 1, 2022 (part 2 of 2)

WHEREAS, the applicant, Stratus Development Partners, submitted a Development Plan and Architectural Review Permit Amendment to amend Project Conditions of Approval related to the project public benefit, by replacing the utility off-site undergrounding provision, establish a minimum amount of artwork contribution and provide increased funds to be used for other public improvements and purposes throughout the City; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on August 1, 2022, regarding the proposed Development Plan Permit and Architectural Review Permit, at which time all interested parties were invited to provide comments on the proposal; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.90 of the PHMC, approves an amendment to Development Plan Permit PLN 18-0198 based upon the following findings and conditions of approval contained in Exhibit A:

1. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development. The proposed project’s environmental impacts have been reviewed and addressed previously by the project’s certified EIR. The proposed amendment does not physically affect or modify the project, as originally approved by the City Council. The proposed amendment would remove the requirement for off-site utility undergrounding, reduce the dedicated expenditure for on-site artwork, and incorporate an in-lieu fee that can be used for other City projects. Therefore, the project will remain non-detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development.

2. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or the City. As noted previously, the proposed project’s environmental impacts have been reviewed and addressed by the project’s certified EIR. The proposed amendment would remove the requirement for off-site utility undergrounding, reduce the dedicated expenditure for on-site artwork, and incorporate an in-lieu fee that can be used for other City projects. Therefore, the project will remain non-injurious or detrimental to adjacent properties or to property in the neighborhood or the City.

3. The proposed development is consistent with the policies and goals established by the General Plan. The project amendment is consistent with the following General Plan goals, policies and programs:

Community Development Goal CD 3: Generate thriving, attractive and cohesive development at vacant or underutilized sites (includes Community Development Policy 3A & 3B). The project amendment will ensure further that new development occurs on the project site – one that has been partially vacant and includes an underutilized, dilapidated building, and will increase the overall appearance of the site.

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Packet Pg. 275 Attachment: A - Proposed Resolution (Cambria Hotel Project Amendment) Cambria Hotel – Development Plan & Architectural Review Permit Amendment (PLN 18-0198)

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CD 4, Promote a city image that reflects the community’s diversity and high quality of life. The project amendment will result in additional resources that the City may use to improve the quality of life for residents of the City for appropriate City projects.

CD8.1, Require installation of public art, landscaping, and/or other public amenities in conjunction with all new public and private development and major rehabilitation or expansion of existing development. The proposed project amendment will continue to incorporate public art into the project, and the project will continue to include additional resources that the City may use to increase public amenities.

CD24.1, Require undergrounding of utilities in conjunction with installation or modification of public and private improvements. The applicant will continue to underground on-site utilities except for a pole at the northeast corner of the project site.

Economic Strategy, ES1: Promote the economic health of the downtown and the city as a whole. The project amendment will ensure the likelihood that the hotel will be completed and will attract people to the City who may patronize other existing City business, therebyimproving the downtown area and the overall health of the City.

Growth Management, GM1B. Support infill and redevelopment in existing urban areas and around key transit facilities. The project amendment will better ensure redevelopment of a site that is within proximity to key transit facilities.

4. The proposed development is architecturally compatible with other development in the vicinity, both inside and outside the district. The proposed amendment does not physically affect or modify the project design as originally approved by the Architectural Review and Planning Commissions and the City Council. The proposed amendment will reduce the amount of funds expended for artwork onsite, but does not remove the artwork requirement for the project. Thus, this finding made at the original approval is still valid and applicable to the project and the amendment.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Section 18.115 of the PHMC, approves an amendment to Architectural Review Permit PLN 18-0198 based upon the following findings and conditions of approval (Exhibit A):

Architectural Review Permit Findings

1. Ensure excellence of architectural design.

3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape.

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Packet Pg. 276 Attachment: A - Proposed Resolution (Cambria Hotel Project Amendment) Cambria Hotel – Development Plan & Architectural Review Permit Amendment (PLN 18-0198)

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4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation.

5. Ensure compliance with Citywide Design Guidelines and applicable provisions of the proposed PUD Concept Development Plan.

The proposed amendment does not physically affect or modify the project design as originally approved by the Architectural Review and Planning Commissions and the City Council. The proposed amendment will reduce the amount of funds expended for artwork onsite, but does not remove the artwork requirement for the project. Thus, all the necessary findings made at the original approval are still valid and applicable to the project and the amendment.

ARC Scope of Review
In approving an architectural review permit, the Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission shall consider the following factors:

A. Excellence of design
B. Height, bulk and coverage of buildings:

C. Colors, building materials, and types of building and installations:

D. Physical and architectural relation with existing and proposed structures in the area and to the site’s location within the City:

E. Site layout, orientation and location of buildings, and relationship with property boundaries and open areas:

F. Height, materials, colors and variations in boundary walls, fences, or screen planting:

G. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas:

H. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under PHMC § 18.60.090:

I. The extent of grading and its relationship to topography, as related to visual impacts:

The proposed amendment does not physically affect or modify the project design as originally approved by the Architectural Review and Planning Commissions and the City Council. The proposed amendment will reduce the amount of funds expended for artwork on-site, but does not remove the artwork requirement for the project. Thus, all the necessary findings made at the original approval are still valid and applicable to the project and the amendment.

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Packet Pg. 277 Attachment: A - Proposed Resolution (Cambria Hotel Project Amendment) Cambria Hotel – Development Plan & Architectural Review Permit Amendment (PLN 18-0198)

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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, makes the following findings related to CEQA:

1. None of the conditions trigger additional environmental review under CEQA Guidelines Section 15162 & 15163 , nor involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects on human beings disclosed in the previous CEQA documents. Further, there is no new information suggesting that mitigation measures or alternatives previously found to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, or that mitigation measures or alternatives that are considerably different from those analyzed in the prior EIR would substantially reduce one or more significant effects.

Changes to the previous CEQA documents are required to address these changes and new information, but none of these changes require preparation of a Subsequent or Supplemental EIR or Negative Declaration pursuant to Public Resources Code Sections 21090 and 21166 and CEQA Guidelines Sections 15162 and 15163. Thus, the previously certified EIR (SCH #2019049104) remains adequate to address the potential environmental effects of the project.

2. The EIR was presented to the City Council and reflects their independent judgement and analysis, and was reviewed and considered prior to approval of the project.

3. The EIR and all related records of proceedings upon which the decision is based shall be maintained and kept on file in the City of Pleasant Hill Public Works and Community Development Department in the City of Pleasant Hill City Hall, 100 Gregory Lane, Pleasant Hill, California.

4. The City Council has made a statement of overriding considerations and has adopted a mitigation monitoring and reporting program (MMRP) for the project and has incorporated the MMRP into the conditions of approval for the project.

The City Council approves the proposed project and directs the City Planner to file a Notice of Determination with the County Clerk of Contra Costa County in the manner required by law. [Signatures on the Following Page]

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ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

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Packet Pg. 279 Attachment: A - Proposed Resolution (Cambria Hotel Project Amendment) Cambria Hotel – Development Plan & Architectural Review Permit Amendment (PLN 18-0198)

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Exhibit A

CITY COUNCIL
CAMBRIA HOTEL – DEVELOPMENT PLAN & ARCHITECTURAL REVIEW

PERMIT AMENDMENT
PLN 18-0198

PROPOSED CONDITIONS OF APPROVAL
Project: Cambria Hotel
Application Number: PLN 18-0198
Location: 3131 and 3195 North Main Street and 1531 Oak Park Boulevard Review Date: August 1, 2022
The following conditions of approval were approved by the Pleasant Hill City Council. Any specific questions should be addressed to the Public Works & Community Development Department’s Planning Division.

Development Plan Permit & Architectural Review Permit Conditions of Approval

1. Project Description – Approval is to amend previously approved conditions of approval as noted below:
 Amend Approved Architectural Condition of Approval 1.2a. “Prior to building permit issuance, detailed plans for public art shall be submitted to the Architectural Review Commission for review and input prior to final approval by the Zoning Administrator, up to a limit of $75,000. The public art shall be completed/installed prior to building permit occupancy.” With the following modified condition of approval:
“Prior to building permit issuance, detailed plans for public art shall be submitted to the Architectural Review Commission for review and input prior to final approval by the Zoning Administrator, with a minimum amount of $25,000. The public art shall be completed/installed prior to building permit occupancy.”  Remove Engineering Condition of Approval – A.vii. - Offsite Improvements (Public Benefit Provision)
“Applicant shall underground all overhead PG&E power lines along the project frontage along North Main Street. This includes the pole at the northeast corner of the property. The undergrounding to the north shall extend north of the Oak Park Boulevard overpass.”
and replaced with the following:

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“Applicant shall underground all overhead PG&E power lines along the project frontage along North Main Street, except for the pole at the northeast corner of the property.”

2. Public Benefit – The financial component of the public benefit package is noted below, and shall be submitted to the City prior to issuance of certificate of occupancy:
 Bridge (at Library) Contribution - $25,000
 Affordable Housing Fund Contribution - $25,000
 Off-Site Utility Underground In-Lieu Payment - $425,000

3. Previous Conditions of Approval – All other project conditions of permit PLN 18-0198, shall remain and be applicable for proposed project.

4. Time Period. The Development Plan and Architectural Review Permits shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Development Plan and Architectural Review Permit is renewed by the City Council. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

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Packet Pg. 281 Attachment: A - Proposed Resolution (Cambria Hotel Project Amendment) Stratus Development Partners, LLC.
17 Corporate Plaza Drive, Suite 200
Newport Beach, California 92660
May 03, 2022Rev
Mr. Troy Fujimoto
City Planner
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Re: Undergrounding Off-Site Oak Park Boulevard Proposed In-Lieu-Fee. Public Benefits from Applicant number PLN 18-0198 for the Upper Select Service Hotel (the “Project”) located at 3131 and 3195 North Main Street and 1531 Oak Park Boulevard.

Dear Troy:

As a follow up regarding the Project’s necessity and request to remove the Off-Site Oak Park Blvd overpass undergrounding in order to move forward, please find:

1. A summary of the direct public benefits the Project will provide;

2. The Project’s benefits to the City of Pleasant Hill;

3. Proposed In Lieu Fee for the Off-Site Oak Park Blvd overpass undergrounding; and Per our discussion of the Conditions of Approval, the public benefits the Project would provide include:
 Art Install Fee: $25,000.00
 Affordable Housing Fee: $25,000.00
 Bridge at the Library : $25,000.00
 Proposed In Lieu Fee: $425,000.00
The Project’s numerous benefits to the City of Pleasant Hill include:

1. Significant favorable tax impact during the 18-months of construction activity generated by the Project’s construction sales taxes on materials and labor;

2. Project permitting and impact fees will generate over $2,200,000.00 to the City of Pleasant Hill, Mount Diablo Unified School District and Contra Costa County;

3. Project construction will generate approximately 275 individual local area jobs and tax revenue;

4. Project operations after opening will generate approximately 60 full time local individual jobs with a 1:10 multiplier for supporting industries;

5. Project operations will generate an estimated $850,000.00 of annual Transient Occupancy Tax for the City of Pleasant Hill; growing to over $1,000,000.00 by the third year of Project operations;

6. Project will provide incremental property tax revenues for the City of Pleasant Hill; and

7. The Project will provide significant additional tax revenues remitted on visitor spending. 91Riiit!

OEVELOPMENT I PARTNERS

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Packet Pg. 282 Attachment: B - Applicant Information & Development Plan Analysis (Cambria Hotel Project Amendment) Stratus Development Partners, LLC.
17 Corporate Plaza Drive, Suite 200
Newport Beach, California 92660
We appreciate your time and look forward to working together to then resume our building permit submittals and premobilization work and Project groundbreaking.

Thanks again,
Andrew Wood
Manager
Stratus Development Partners, LLC
cc. David Wood, Annette Higby
Siliiit!

OEVELOPM ENT I PA RTN ERS
C: 2

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Packet Pg. 283 Attachment: B - Applicant Information & Development Plan Analysis (Cambria Hotel Project Amendment) PHONE (925) 671-5209
FAX (925) 682-9327

CITY OF PLEASANT HILL
www.pleasanthilJ.ca.gov
l 00 Gregory Lane
Pleasant Hilii CA 94523

DEVELOPMENT PLAN ANALYSIS
Application Submittal
The following is an analysis of the required findings which must be made in order to grant a Development Plan Permit application. Please respond as fully as possible; insufficient information will likely result in processing delays of your application. If you need additional space to respond, please feel free to attach supplemental information.

I. The proposed development will not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity of the proposed development.

Analysis:
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2. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city.

Analysis:
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Packet Pg. 284 Attachment: B - Applicant Information & Development Plan Analysis (Cambria Hotel Project Amendment)

3. The proposed development is consistent with the policies and goals established by the general plan.

Analysis:
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4. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the district.

Analysis:
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Analysis completed by: t"\ d.c-..e tu /,JO c,d ---'-__._ ___ ---=--'------------------ Date:

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Packet Pg. 285 Attachment: B - Applicant Information & Development Plan Analysis (Cambria Hotel Project Amendment) RESOLUTION NO. 55-19

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

GENERAL PLAN AMENDMENT, DEVELOPMENT PLAN & ARCHITECTURAL REVIEW PERMIT (PLN 18-0198) FOR THE CAMBRIA HOTEL AT 3131 & 3195 NORTH MAIN STREET AND 1531 OAK PARK BOULEY ARD
WHEREAS, the applicant, Stratus Development Partners, submitted a General Plan Amendment, Planned Unit Development District Rezoning and Concept Plan, Development Plan and Architectural Review Permits application (PLN 18-0198) for a new hotel project at 3131 and 3195 North Main Street & 1531 Oak Park Boulevard, APN's 170-092-050, 054, 055, 057, 058, 059 ("the Project"); and
WHEREAS, A General Plan Amendment (PLN 18-0198) proposes to establish a new land use designation, Tourist Commercial, including conforming changes to the Development Potential table and add a new Community Development Program and Economic Strategy Goal and amend the existing General Plan Map to add this new designation; and WHEREAS, Planned Unit Development District (PUD) Permit PLN 18-0198 proposes to rezone an approximate 2.5 acre project site from the current RB Retail Business zoning district to PUD Planned Unit Development district and include a PUD Concept Plan; and WHEREAS, Development Plan Permit and Architectural Review Permit PLN 18-0198 proposes demolition of two existing commercial structures and development of a new hotel and associated site improvements to include parking areas, landscape areas and tree removals; and WHEREAS, in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., as further governed by the Guidelines to the California Environmental Quality Act, 14 California Code of Regulations §§ 15000, et seq., collectively, "CEQA"), the City of Pleasant Hill ("City") determined that an Environmental Impact Report ("EIR") should be prepared in order to analyze all potential adverse environmental impacts resulting from the Project; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Architectural Review Commission on July 18, 2019 and continued to the August 1, 2019 meeting date, regarding the proposed PUD rezoning, associated Concept Plan, and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, on August 1, 2019, the Architectural Review Commission adopted Resolution No. 02-19 Recommending approval of A Planned Unit Development District, Concept Plan, and Architectural Review Permit (PLN 18-0198) For The Project; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on August 13, 2019 regarding the proposed General Plan Amendment, PUD rezoning, associated Concept Plan, Development Plan and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and

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WHEREAS, on August 13, 2019, the Planning Commission adopted Resolution No.12-19 Recommending the City Council's Certification of the Final Environmental Impact Report, Adoption of Environmental Findings Pursuant to the California Environmental Quality Act and Adoption of a Mitigation Monitoring and Reporting Program; and WHEREAS, on August 13, 2019, the Planning Commission adopted Resolution No. 11- 19 Recommending approval of a General Plan Amendment, Planned Unit Development District, Concept Plan (Rezoning), Development Plan Permit, and Architectural Review Permit (PLN 18- 0198) For The Project; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on September 16, 2019 regarding the proposed General Plan Amendment, PUD rezoning, associated Concept Plan, Development Plan and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, on September 16, 2019, the City Council adopted Resolution No. _-19 approving a General Plan Amendment, Planned Unit Development District, Concept Plan (Rezoning), Development Plan Permit, and Architectural Review Permit (PLN 18-0198) for The Project; and
WHEREAS, on September 16, 2019, the City Council adopted Resolution No. _-19 certifying the Final Environmental Impact Report, Adoption of Environmental Findings Pursuant to the California Environmental Quality Act and Adoption of a Mitigation Monitoring and Reporting Program; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, the City has not received any comments or additional information that constituted substantial new information requiring recirculation under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pleasant Hill, approves the General Plan Amendment (Exhibit A) based on the following findings:

1. The proposed General Plan amendment is deemed to be in the public interest.

The proposed amendment does not have negative effects on the public interest. The amendment adds a new land use designation for tourist commercial uses that better designate sites that allow hotel uses. The proposed amendment will only affect the subject property that is already in an urban area and bordered by the Interstate.680

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freeway, the Oak Park Boulevard overpass and other commercial uses. The project includes public benefits including sidewalk improvements beyond the subject property, undergrounding of utility poles, improvement to the median within North Main Street, incorporation of public artwork, contribution of funds to the future public library or affordable housing. Lastly, the project will improve a site that is underutilized and will improve the landscaping and general appearance of the site.

2. The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected.

The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected as it would not substantively modify the existing provisions of the General Plan. More specifically, the proposed amendments would be consistent with the following goals and policies of the General Plan
a. Community Development Policy 2A - Encourage uses needed by the Community at appropriate locations. The site has been underutilized for many years at a key gateway location to the City. Having a high quality, tourist commercial project, with freeway frontage would be an appropriate location and the revenue generated from the project would help provide City services.
b. Community Development Goal 3 - Generate thriving, attractive and cohesive development at vacant or underutilized sites. The proposed amendment would establish a new land use on a partial vacant and underutilized site. The proposed amendment would potentially allow an attractive, thriving tourist commercial use where other commercial uses have not been successful.
c. Economic Strategy Goal 1 - Promote the economic health of the downtown and the city as whole. Designating and establish a tourist commercial land use will provide opportunities for lodging or other tourist uses to the City that will benefit the City through increased spending by tourist and provide increased customers for Downtown and the greater City commercial uses.
d. Economic Strategy Goal 2 - Create and maintain a dynamic and diverse economic base. Creating a new tourist commercial land use and designating an site that is partially vacant, with an underutilized building, would potentially allow a tourist use that would contribute to the economic base of the City, as a new use would likely result in increased City revenue that would help support City services.
e. Economic Goal 3 - Facilitate additional retail and commercial opportunities that meet local needs. The new tourist commercial land use will provide additional opportunities for visitor related uses that is currently underserved as there is no visitor specific land use type within the City. Currently, visitor related uses must compete with other commercial uses for available locations throughout the City. f. Economic Goal 4 - Enlarge the City's revenue base as necessary to sustain and support the community. The new tourist commercial land use will provide additional opportunities for visitor related uses, which including hotel uses, will enlarge and sustain the City's revenue base that will help support City services.

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g. Circulation Goal 5 - Reduce congestion and vehicle trips through land use planning. Designating this site, along a main corridor (N. Main Street and Interstate 680) and within proximity to the Pleasant Hill BART Station will help to reduce congestion and vehicle trips in neighborhoods and secondary corridors as access is available through primarily commercial corridors. h. Growth Management Goal I - Support land use patterns that are orderly and make more efficient use of the transportation system. The proposed tourist commercial use would be located along a main vehicle corridor (N. Main Street) and within proximity to the Pleasant Hill BART Station, both of which would make efficient use of the existing transportation system.

3. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety or welfare.

The Architectural Review Commission (ARC) assessed potential design-related impacts on July 18 and August 1, 2019 and recommended approval of the project with conditions of approval to both the Planning Commission and City Council. In addition, the Planning Commission assessed the proposed project on August 13, 2019 for potential land use related impacts and recommend mitigation measures to the City Council in the event that the Commission determines any portion of the project to be detrimental to the public health, safety or welfare. In addition, the proposed project will be required to comply with all City zoning codes, and to be compliant with the regulations of outside agencies including, but not limited to the Contra Costa County Fire Protection District, to further ensure that the project does not result in impacts detrimental to the public's health, safety or welfare. In general, the proposed amendment would add a new land use classification to better address certain commercial activities that are already located within the City and make conforming changes throughout the General Plan. Lastly, development of the site will locate a use that will help to generate increased City economic activities by allowing visitor additional lodging choices and will additionally provide increased revenue to the City that help achieve consistency with additional General Plan policies, programs and/or goals.

4. The proposed amendment has been processed in accordance with the applicable provisions of CEQA.

Pursuant to the California Environmental Quality Act (CEQA), the City of Pleasant Hill intends to certify an Environmental Impact Report (EIR) for this project. The Draft EIR prepared for this project was available for public review from April 17, 2019 through May 31, 2019 and the Final EIR prepared for this project is currently available for review at the Planning Division and on the City of Pleasant Hill webpage at www.pleasanthillca.org.

The Draft and Final EIR identifies potential project issues requiring ten (10) mitigation measures, collectively, in the following areas: Biological Resources, Air Quality, Hydrology/Water Quality, Geology & Soils, Cultural Resources, Noise and Hazards/Hazardous Materials. After mitigation, the project would not have any significant unavoidable impacts, nor impacts which would be cumulatively considerable.

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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.90 of the PHMC, approves Development Plan Permit PLN 18-0198 based upon the following findings and conditions of approval contained in Exhibit B and Concept Plan contained in Attachment 3 of the CC Staff Report:

1. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development. The proposed project's environmental impacts have been reviewed and addressed by the project's EIR. Traffic will not have a significant effect on the surrounding area and could result in less trips than other commercial uses. In addition, noise impacts will be minimized through the use of multiple solid walls and the building itself serving a buffer from traffic uses on nearby freeways and roads to the east. The project will incorporate strategies to minimize parking impacts, including incorporating a shuttle for users of the hotel. Therefore, the project will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development.

The project has adequate parking for the proposed use and will incorporate parking strategies, such as a shuttle for guests, minimizing spill over to adjacent streets and properties. In addition, noise impacts will be minimized through the use of multiple solid walls and the building itself serving a buffer from traffic uses on nearby freeways and roads to the east. Lastly, the building has been moved away from adjacent uses, solid walls and landscaping are proposed on the project perimeter providing increased separation between adjacent uses. Therefore, the project will not be injurious or detrimental to adjacent properties or to property in the neighborhood or the City.

3. The proposed development is consistent with the policies and goals established by the General Plan. The project is consistent with the following General Plan goals, policies and programs:

Community Development, CD2A. Encourage uses needed by the community at appropriate locations.

The proposed hotel is located within an existing Retail Business (RB) zoning district. It is located adjacent to an arterial street and interstate 680. The project includes methods to provide buffers (walls and landscaping) and moving the building away from adjacent uses to be sensitive to surrounding uses.

CD2.5, Allow intensification of commercial land use only when such a change can be reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints, noise, traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and (d) at least one of the following: provision of affordable housing pursuant to the policies in the City's Housing Element; or, provision of parkland, trails, or other community or recreation facilities or equivalent fonding for development of such fac ilities consistent with Community Development Goals 17, 18, and 19. The proposed project would not have any unmitigated significant impacts as noted in the EIR that has been prepared for the proj ect. The project wou ld feature a high-quality and attractive design as determined by the Architectural Review Commission, which would be compatible with the surrounding commercial development while taking into consideration nearby residential uses. The

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project proposes to make a monetary contribution to affordable housing and/or the proposed City bridge/library project.

CD 3: Generate thriving, attractive and cohesive development at vacant or underutilized sites (includes Community Development Policy 3A & 3B). The project proposes a new development on a project site that has been partially vacant and includes an underutilized building for many years and will increase the overall appearance of the site.

CD8. I, Require installation of public art, landscaping, and/or other public amenities in conjunction with all new public and private development and major rehabilitation or expansion of existing development.

The proposed project has been conditioned to include public art into the project.

CD22.3, Continue to enforce the tree protection provisions of the Zoning Ordinance. The proposed project would be required to comply with the applicable tree protection provisions of the Zoning Ordinance.

CD24. I, Require undergrounding of utilities in conjunction with installation or modification of public and private improvements. The applicant will underground all on-site utilities and will underground offsite utilities per direction by the City.

Economic Strategy, ES/: Promote the economic health of the downtown and the city as a whole. The hotel will attract people to the City that may patron other existing City business that will improve the downtown area and the overall health of the City.

ES2. /, Permit additional retail, commercial, and light industrial uses in appropriate locations, but require such uses to mitigate their impacts on schools, residential areas, and traffic. The project would allow for additional, viable commercial uses on a partially vacant infill site with an underutilized building.

Moreover, it would not result in significant impacts to residential areas or schools, as it would not include new dwelling units. The project would be required to mitigate, as feasible, all identified impacts as noted in the project conditions of approval and in the mitigation monitoring reporting program.

ES2.5, Create a mechanism to identify and create redevelopment/reuse opportunities that respond to the needs of specific potential commercial users. The project contemplates redeveloping a site that is partially vacant and includes an underutilized commercial building. The project would displace an existing restaurant, however, the hotel is likely to be a more reliable long-term use at the site.

ES4. I, Require fiscal impact analyses for major development proposals to assess citywide impacts and to identify any burden on the City such projects might create. The project is expected to significantly enhance the City's revenue due to the expected TOT (transient occupancy tax). The project site is partially undeveloped, which provides little in the way of revenue to the City. The project would substantially enlarge the City's economic, tax, and employment bases.

Circulation, CJ . I, Identify specific roadway segments where right-ofway widening, narrowing, or extension may be appropriate or will likely be needed to improve safety. The proposed project would include improvements to North Main Street to improve safety for vehicles in the area C6, Reduce congestion and vehicle trips through non-automobile transportation and public transit. The project proposes to include shuttle services (including access to Pleasant Hill BART) that would provide transportation options other than the use of an automobile. In addition, the project would increase sidewalks beyond the sites frontage, improving walkability in this area.

Growth Management, GM I B. Support infill and redevelopment in existing urban areas and around key transit facilities. The project is the redevelopment of a site that is within proximity near key transit facilities.

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GM2. 7, Require traffic impact studies (consistent with the CCTA 's Technical Procedures) as part of the application review process for development proj ects estimated to generate more than I 00 net new peak hour vehicle trips. A traffic impact study was conducted as part of this EIR in accordance with applicable thresholds and other requirements.

GM2. I 7, Require all new development to contribute to or participate in the improvement of park, school, fire, police, sanitary, water, and flood control services in proportion to the demand generated by the development 's occupants and users. The project applicant would be required to provide the City of Pleasant Hill all applicable development impact fees.

GM2. I 8, Approve development proj ects only after finding that performance standards will be maintained following proj ect occupancy. Project-specific mitigation measures required to maintain standards will be required of the proj ect sponsor. By redeveloping a partially underutilized and partially vacant site within the City's urbanized area, the project promotes the orderly and efficient use of land. The project would also be required to satisfy all applicable standards and requirements imposed by the City with respect to infrastructure and public services
Safety and Noise, SN3. I, Adopt and enforce the most recently state approved building code provisions necessary to promote seismic safety in structural designs, including regulations relating to grading and construction relative to seismic hazards, liquefaction potential, and development on sloping ground. The project will have to comply with applicable California Building Standards Code provisions.

SN4.2, Work with the Fire District to review development plans to assure adequacy of access for equipment, water supplies, construction standards, and vegetation clearance. The project is required to obtain fire and building department approval prior to issuance of any building permits.

SN6.2, Work with water suppliers and jurisdictional agencies during the environmental review process for new development to prevent contamination of water supplies. The proposed project would implement applicable storm water pollution prevention measures to protect water quality.

SN7. 7, Evaluate the impacts of vibration when considering proposed development near Interstate 680.

Implementation of the project would not result in exposure of persons to vibrations in excess of standards established in the local general plan or noise ordinance. The EIR includes a discussion on project impacts related to vibration on development in the area.

SN8.2, Enforce air pollution control measures during construction. The EIR includes an air quality analysis for construction emissions. Where necessary, mitigation measures are identified to reduce emissions to the extent feasible

4. The proposed development is architecturally compatible with other development in the vicinity, both inside and outside the district. The project's architecture has been reviewed by the Architectural Review Commission to ensure compatibility with surrounding commercial properties.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Section 18.115 of the PHMC, approves Architectural Review Permit PLN 18-0198 based upon the following findings and conditions of approval (Exhibit B) and Concept Plan contained in Attachment 3:

Architectural Review Permit Findings

1. Ensure excellence of architectural design. The project is a commercial building and structures that have architectural features that provide interest to the building. This includes the use of a porte-cochere at the front entrance, vertical elements that will

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provide architectural interest, varied roof types, canopies, faux canopies, a mix of high quality building materials (stone veneer and board and batten), and building projections. The proposed building elevations incorporate various building materials, and colors, that complement each other and are of high quality and long lasting.

2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located. The project incorporates a color palette that is generally neutral, tharwill not contrast with the surrounding development, and will be complementary to most other development in the surrounding area. No design/material/color elements proposed would be inconsistent with the surrounding development, as there is not established pattern in the immediate area. The project incorporates stone veneer, board and batten and stucco-siding, with trim-elements/contrasts.

The project proposes a drought-tolerant landscape design, with a mix of deciduous and evergreen trees, while preserving a significantly sized oak tree, that complements the site and is consistent with the existing mixed landscaping of the larger area. Lastly, the project includes perimeter landscaping and wall barriers on the western and southern edge of the property that will help to screen the site from adjacent properties.

The proposed landscape plan complements the new buildings, while preserving an existing significantly sized oak tree, and includes perimeter plantings that will provide visual buffering of the building from surrounding views. The plant palette is complementary with the remainder of the area through the use of deciduous and evergreen trees and drought-tolerant species. As the surrounding area is built-out and dominated by an urban landscape, the project would continue this type of landscape treatment and be compatible. Lastly, the proposed landscape plan includes new trees, water retention basins, complementary shrubs and ground cover and would increase the overall urban landscaping on the site.

4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation. The project does not propose to significantly alter the existing grade of the site. The project proposes to remove all trees at the property except for one significantly sized oak tree, however, the other trees are not outstanding specimens for preservation and conflicts with the proposed development of the site.

5. Ensure compliance with Citywide Design Guidelines and applicable provisions of the proposed PUD Concept Development Plan. As noted in. the Architectural Review Commission staff report, the project, as modified by the required conditions of approval, is consistent with applicable City-wide design guidelines and provisions of the proposed PUD Concept Plan.

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A. Excellence of design: The ARC has reviewed the proposed project and has determined that it is in substantial compliance with City-Wide Design Guidelines B. Height, bulk and coverage of buildings: The proposed project exceeds the allowed building height and floor area ratio for the existing RB-Retail Business zoning district.

The nature of a three and four story hotel will exceed these provisions, as other hotels in the City has, thus, this is consistent with other hotel development throughout the City. In addition, the applicant has incorporated project features to be sensitive to surrounding uses, such as moving the building away from adjacent uses, increased landscaping on the western edge and incorporated a three and four story stepped building design.

C. Colors, building materials, and types of building and installations: The Commission reviewed the proposed colors, building materials and types of buildings and with this approval noted consistency with City-Wide Design Guidelines.

D. Physical and architectural relation with existing and proposed structures in the area and to the site 's location within the City: The proposed projects architecture has been reviewed by the ARC for consistency with City-Wide Design Guidelines. In addition, the architecture of the proposed buildings are an improvement of the existing development on the property and other older surrounding commercial development.

E. Site layout, orientation and location of buildings, and relationship with property boundaries and open areas: The project includes the hotel building located away from adjacent properties to provide as much privacy and air and light access as possible. The remaining of the site is development with parking lot and landscaping, with increased landscaping along the western edge of the property to provide buffering.

F. Height, materials, colors and variations in boundary walls, fences, or screen planting:

The ARC reviewed and approved the proposed fences, walls and screening methods for the project, consistent with City-Wide Design Guidelines.

G. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas: The ARC reviewed and approved the proposed landscaping consistent with zoning provisions, the PUD Concept Plan and City-Wide Design Guidelines.

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H Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under P HMC § 18. 60. 090: The applicant has only provided conceptual signage for the property. Formal submittal of signs will be completed at a later date. The ARC also reviewed proposed exterior lighting to verify consistency with ordinance, PUD Concept Plan and City-Wide Design Guidelines provisions.

I. The extent of grading and its relationship to topography, as related to visual impacts:

The ARC reviewed the proposed grading for the project. As proposed the grading and topography is minimally modified from the existing condition and has been reviewed to ensure that drainage is not negatively affected.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 16th day of September, 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Flaherty, Harris, Rinn, Carlson
Noack
None
None
AT~
CAROL WU, City Clerk
..

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EXHIBIT A
Page9
Community Development Element
Land Use Pattern
Pleasant Hill is almost entirely built-out: only about 60 acres, or 1.5 percent, of land in the city, is available for new development. Therefore, future development is expected to consist primarily ofreuseofexistinglo~.

The new General Plan carries forward the 14 land use designations established in the 1990 plan, except that the Multifamily Low category has been split to create a new Multifamily Very Low designation, and the Neighborhood Business designation has been added (see the attached· General Plan Land Use map, adopted as part of this General Plan). In addition, a new land use designation has been created for tourist commercial uses. All development and redevelopment must be consistent witli these categories. Table CDJ shows how much land in the city falls into each designation, including vacant parcels. Maximum allowed density is expressed in units per net acre (which excludes righ~-of-way) for residential uses and floor area ratio (FAR) for nonresidential uses.

Table CDl. Development Potential
Existing Development General Plan Vacant Land
2002 Build.out 2002
Land Use Designation Allowed I
Densityt Additional
SF MF Comm. Parcels Acres PotentiaJS Parcels Acres
Units Units2 Sq.Fl Units Sq. Ft.

Single-family Low ~ 377· 2 399 316,4 87 17 26.3
Sin£}e-family Medium 3.1-4.5 3,948 130 378 4,()25 1,3555 116 28 11.3 Single-family Hil!'.h 4.6-6.9 4,177 30 63,417 4,203 796.0 35 7 5.6 Multifamily Very l.ow4 7-11.9 ~ 79.9 54
~ 79:6 1-0
Multifamily Low 12-19.9 45 1,736 823 50.3 30 1 0.3
Multifamily Medium 20-29.9 10 1,512 72,655 883 83.3 143 7 5.1 Multifamily Hil!'.h 30-40 8 396 93,012 13 16.6 310
Commercial & Retail 0.4 3 551 2,316~21 w 157.4 99 206,440 !8 6.6 2;g2.8,Q3 ™ 199,9 ~ 7:Q
Tourist Commercial 1.0 12112 ,? 2.5 108900 1 0.4
Neiidiborhood Busm~ 0.35 28 22.8
Office 0.4 3 193 832,217 97~ . 80.9 30 146,141 4 2.3
863;889 84.a ~
Mixed Use 12-40 285 290,509 237 95.9 363 40,075

0.4-.75FAR
Light Industrial 0.33 365,043 20 34.2
Park 26 154.8
OoenSoace 15 252.8
Semi-public & Inst 259,163 53 107.5 2 1.8
School 19 254.4
Total 8,571 4,835 4.304J!27 11,587 3,861.2 1,267 501,556 71 59.7 A,.,.,,,.•~ 1-.m 4Q,04.3

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Packet Pg. 296 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Sources: C.OUnty Assessor Data; City of Pleasant Hill Planning Department, Redevelopment Agency tUnits/ acre for residential uses; Floor Area Ratio for nonresidential uses; both for Mixed Use. 2'fownhomes, condominiums and mobile homes in multifamily and commercial categories are counted as multifamily units.
3Assumes residential on 25 percent of Mixed Use parcels; assumes an additional 250,000 sq. ft. of commercial and 50,000 sq. ft. of office at the Contra Costa Shopping Center under a specific plan; excludes other nonresidential redevelopment potential.
•New designation created by this General Plan.

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o Tourist Commercial provides for commercial retail and service uses oriented toward tourists and other visitors to the community. The designation includes hotels. motels and related facilities. and visitor-serving businesses. Project development shall have a Floor-Area Ratio maximum of 1.00.

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Community Development Goal 2. Maintain the historic balance among different types and intensities of residential development, commercial retail, office uses, and open space.

Community Development Policy 2A. Encourage uses needed by the community at appropriate locations.

Community Development Program 2.1. Amend the Zoning Ordinance to direct uses desired by the community to specific zoning districts.

Community Development Program 2.2. When making decisions regarding (1) intensification of residential zoning or land use designations or (2) changes in land use designations from commercial to residential, the City shall only permit such changes when the change in land use is reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints, noise, traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and ( d) at least one of the following: provisiQn of affordable housing pursuant to the policies in the City's Housing Element; provision of parkland or recreation facilities consistent with Community Development Goals 17, 18, and 19.

Community Development Program 2.3. Allow residential densities above the minimum established for a spe~ific land use designation only when the granting of a residential density above the minimum for the density range established by the General Plan for that land use category can be reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints, noise, traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and (d) at least one of the following: provision of City . of Pleasant Hill General Plan 2003 July 2003 13 Community Development affordable housing pursuant to the policies in the City's Housing Element; provision of parkland or recreation facilities consistent with Community Development Goals 17, 18, and 19.

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Packet Pg. 297 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Community Development Program 2.4. Allow changes in land use designation from residential to commercial only when the granting of such a change can be reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints. noise, traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and (d) at least one of the following: provision of affordable housing pursuant to the policies in the City's Housing Element; provision of parkland or recreation facilities consistent with Community Development Goals 17, 18, and 19. Community Development Program 2.5. Allow intensification of commercial land use only when such a change can be reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints, noise, -traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and (d) at least one of the fqllowing: provision of affordable housing pursuant to the policies in the City's Housing Element; provision of parkland or recreation facilities consistent with Community Development Goals 17, 18, and 19.

Communio• Development Program 2.5. The City shall encourage tourist commercial facilities in areas where traffic patterns are oriented to major arterial streets and highways.

Page40
Economic Strategy Goal S. Help local businesses and the City of Pleasant Hill capture visitor dollars that are otherwise lost to the larger regional area, thereby increasing revenue to local businesses and the City.

Economic Strategy SA. The City shall continue to promote Pleasant Hill as a visitor destination.

Economic Strategy SB. The City shall work with the local business community to develop programs to increase the development of the tourism industry in the area.

Economic Strategy SC. The City shall promote and facilitate hotel development within the city limits. The City's hotel development strategy shall include lodging types to meet the needs of a local visitor market attracted to the greater Central Contra Costa County region.

Economic Strategr 5.1. The Cit1• shall work with the local business community to identi6' potential tourism-oriented marketing and development opportunities.

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Packet Pg. 298 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) New General
Plan Designation
N
ExmBIT ~
GENERAL PLAN AMENDMENT w-y-s
TOURIST COMMERCIAL LAND USE DESIGNATION s
N.T.S.

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Packet Pg. 299 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Project:

Application Number:

Location:

Approval Date:

Exhibit B

CITY COUNCIL

CAMBRIA HOTEL
PLN 18-0198

CONDITIONS OF APPROVAL
Cambria Hotel
PLN 18-0198
3131 and 319 5 North Main Street and 15 31 Oak Park Boulevard September 16, 2019
The following conditions of approval were approved by the Pleasant Hill City Council. Any specific questions should be addressed to the Public Works & Community Development Department's Planning Division.

Project Conditions of Approval
Development Plan Permit (DP) Conditions of Approval

1. Project Description - Approval is based on, and shall be in accord with, information contained in the project file with plans and application stamped "Approved September 16, 2019." This approval is for a Development Plan Permit PLN 18-0198 for the development of a Cambria Hotel. The project includes a three and four story building with 132 parking space (including one motorcycle space and seven electric vehicle parking spaces. The hotel is approximately 95,957 square feet, including 155 guest rooms, lobby area, office, meeting rooms, fitness facility, laundry and other hotel supportive areas. The hotel also include an outdoor pool area that will be surrounded by a six foot tall wall. Review of the project also includes review of the parking lot and proposed landscaping for the site. This review will also include removal of all trees at the property except for one significantly sized oak tree that is located on the southwestern area of the property.

2. The project includes a General · Plan Amendment to establish a new land use overlay designation for visitor-serving uses with accompanying goals, policies, programs and updated standards, including allowing a floor area ratio of up to 100% for specified uses within the proposed overlay. The overlay designation is currently proposed for only the hotel project site.

The project also proposes to establish a Planned Unit Development District (Rezoning), including an associated Concept Plan for the proposed project.

3. Hours of Operation - The proposed hotel is proposed to be open 24 hours a day. The outdoor pool shall have hours of operation from 1 O:OOAM to 1 O:OOPM daily.

4. Exterior Speakers - Exterior loud speakers shall be prohibited, except for emergency or safety purposes.

5. Overnight Vehicles - Campers, trailers, motorhomes, or any other similar vehicles are not allowed on the construction site except when needed as sleeping quarters for a security guard.

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Conditions of Approval
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6. Construction Trailer - A construction trailer shall be allowed to be placed on the project site for daily administration/coordination purposes during the construction period.

7. Engineering Conditions of Approval - The project shall comply with all Engineering Division conditions of approval as noted in Attachment Engineering COA.

8. Mitigation Monitoring Program - The project shall implement and comply with the associated Mitigation Monitoring Program (Attachment 7 of the CC Staff Report).

9. Time Period. The Development Plan Permit shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

10. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the Development Plan permit and shall require review and approval by the decision-body that gave final approval to the original use permit.

Any minor changes shall require an application request from the operator/applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor.

11. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Development Plan permit approval becomes null and void.

12. Off-Site Improvements - No off-site improvements shall occur unless written authorization is received from the property owner and provided to the Zoning Administrator in advance of constructing the improvements.

13. Shuttle Services - The applicant shall include shuttle services to minimize parking demand, including services to and from the Pleasant Hill BART station.

14. Parking Space Reduction - Any reduction in the 132 space inventory of on-site parking spaces shall not occur without prior City approval.

15. Parking - The project shall comply with the following provisions:
a. Monitor project parking demand between 6 months and 1 year of occupancy. The parking monitoring shall include parking demand observations on a weekday and a weekend, establish the level of Transportation Network Companies (TNC, ex. Uber and Lyft) activity, and use of the proposed shuttle. This monitoring shall take into consideration the occupancy levels at the time of data collection and project parking demands with full occupancy.

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Conditions of Approval

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b. Should potential parking shortfalls be identified with full occupancy, implement additional parking demand management strategies, that could include:
o Valet Parking
o Employee Transit Passes
o Increased shuttle hours
o TNC Subsidies

16. Trees - Approval of Development Plan Permit PLN 18-0198, includes approval for removal of trees from the site, except for the large oak tree specimen, Tree #598 from the Joe McNeil arborist survey.

17. Trash Enclosure - The project trash enclosure shall be sized in coordination and to the approval of the local waste collection agency.

18. Lot Merger - Prior to building permit issuance, the applicant shall obtain approval of a lot merger for all lots on the property.

19. Noise Ordinance - The operator/applicant shall ensure that the facility strictly adheres to the City's Noise Ordinance (PHMC Chapter 9.15).

20. Water Efficient Landscape Ordinance - The project shall comply with the City's Water Efficient Landscape Ordinance, both prior to and after occupancy as appropriate. 21 . Other City Approvals - Development Plan Permit approval is subject to review and approval of a General Plan Amendment, Planned Unit Development District and ·an Architectural Review permit by the City Council.

22. Annotated Conditions of Approval - Prior to issuance of a building permit and prior to issuance of a certificate of occupancy, the developer shall submit to the Zoning Administrator an annotated list of these conditions demonstrating proof of compliance.

23. Construction and Demolition Debris Ordinance - Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.

24. Construction Hours - Construction and Grading hours shall be limited to 7:30AM to 7:00PM Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00AM to 6:00PM, with construction activity is prohibited on all Sundays and City holidays.

25. Indemnification - The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees ("indemnitees") from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the

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Conditions of Approval
Page4
processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

26. Outside Agencies - The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to the Contra Costa County Fire Protection District, PG&E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

27. Federal, State and Local laws - Owner/applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

28. Engineering Conditions - The project shall comply with the following Engineering Division conditions of approval and standard conditions of approval as noted in attached Attachment Engineering COA.

Planned Unit Development (PUD) - Concept Plan Conditions of Approval

1. The following modification shall be made to the PUD Concept Plan. a. The parking ratio for the development plan shall be 0.85 parking spaces for hotel room. b. A five foot tall wall on the southern edge of the property shall be as close as 15 feet from the property line. At that point, the maximum wall height is required to be no taller than three feet.

Architectural Review Permit (AR) Conditions of Approval (Recommended by the · Architectural Review Commission)

1.0 Plans

1.1 . The project shall substantially conform to the approved project plans, project narrative, colors and materials board, all dated approved on September 16, 2019, on file with the Planning Division, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Zoning Administrator if found to be in substantial conformance to the approved plans and exhibits.

1.2. The following shall be completed per the direction provided by the Architectural Review Commission:
a. Prior to building permit issuance, detailed plans for public art shall be submitted to the Architectural Review Commission for review and input prior to final approval by the

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Zoning Administrator, up to a limit of $75,000. The public art shall be completed/installed prior to building occupancy.
b. Prior to building permit issuance, plans shall note the location of four bicycle parking spaces.
c. Prior to building permit issuance, the applicant shall submit details of the provision of seven electric vehicle charging spaces and associated charging facilities within the parking lot. Three of the electric charging stations shall incorporate level 2 charging capability (CHAdeMO & SAE CCS compatible - DC Fast Charger). d. Prior to building permit issuance, plans shall demonstrate compliance with Section

18.55.070.D (motorcycle parking development standard).
e. Prior to building permit issuance, plans shall be provided that includes enhanced landscaping adjacent to exterior walkways and pedestrian level lighting (ex. Lighted bollards) at exterior walkways.
f. Prior to building permit issuance, final lighting plans are to be provided showing compliance with PUD and applicable City ordinance provisions and shall not have any dark areas within the parking lot.
g. The property line wall on the southern boundary shall be designed and completed prior to grading and building foundation completion.
h. Prior to building permit issuance, plans shall be revised to continue the trim band to the front of the building between the third and fourth levels. i. A revised landscape plan shall be provided that has Juniper Taylor Redcedar in place of the Italian Cypress trees.

J. The southern property line wall (five foot tall wall) shall be extended to within 15 feet of the North Main Street property line.

1.3. Trash enclosures shall be sized to accommodate all necessary containers. The trash bins shall be kept inside the enclosure except when being unloaded.

1.4. All roof top equipment shall be screened from views and be located below or at the height of the top of the building parapet/walls and roof top screening. Security cameras on buildings are not required to be screened.

1.5. All ducts, meters, air conditioning equipment and any other mechanical equipment, whether on a structure, on the ground or on the roof shall be screened from views from a person standing at ground level with materials architecturally compatible with the building.

Screening shall be completed prior to occupancy.

1.6. Ground mounted transformers shall be screened from views subject to review and approval by the Zoning Administrator.

1. 7. The project landscaping and irrigation shall be designed for recycled water use, if recycled water is available.

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1.8. The project shall be constructed to allow for future installation of a Photovoltaic (PV) system. Prior to building permit issuance, plans shall comply with following provisions:
i. Electrical conduit and cable pull strings shall be installed from the roof/attic area to the buildings main electrical panels;
1i. A conduit shall be provided near the electrical panel for the installation of an "inverter" required to convert the direct current output from the photovoltaic panels to alternating circuit.

1.9. No stockpiling of dirt shall occur without specific review and approval by the City.

1.10. The applicant shall implement construction best management practices, including the following, to reduce construction noise:
a. Locate stationary construction equipment as far from adjacent occupied buildings as possible.
b. Select routes for movement of construction related vehicles and equipment so that noise sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible. Include these routes in materials submitted to the City of Pleasant Hill for approval prior to the issuance of building permits. c. The property owner shall designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction. The telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Zoning Administrator. d. Additional best management practices may be required by the Building Division and/or City Engineer. All additional best management practices shall be reviewed and approved by the Building Division and/or City Engineer, prior to implementation.

1.11 . Any significant changes proposed to the exterior elevations prior to, or after issuance of a building permit shall be submitted to the Architectural Review Commission prior to building permit issuance or prior to building permit final.

1.12. A tree protection plan for preserved trees that are on-site and in close proximity of the project site shall be reviewed and approved prior to issuance of any permits and implemented during all construction activities. The tree protection plan shall be prepared by a certified/licensed arborist.

1.13. Grading and construction operations (if applicable) shall be limited to the hours of 7 :30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00AM to 6:00PM, with construction activity is prohibited on all Sundays and City holidays.

1.14. All construction plans, such as, but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement

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plans, and detailed drawings submitted to the Building Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits. Any change or modification to one particular plan shall require the corresponding revisions on all other applicable plans. The applicant shall be responsible for correcting any inconsistency that may occur through error or omission during plan preparation or construction.

1.15. Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code, General Plan, and applicable policy plans.

1.16. Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter

14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.

1.17. When submitting final revised plans for issuance of a building permit for any aspect of the project, the applicant must provide to the Zoning Administrator a copy of these conditions of project approval with a cover letter specifying how the plans address and comply with each of these conditions

1.18. Prior to issuance of a building permit final (certificate of occupancy), the applicant shall submit to the Zoning Administrator an annotated list of conditions of approval demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

1.19. The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to the Contra Costa County Fire Protection District, PG&E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

1.20. Owner/applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

1.21. As required to comply with applicable laws and regulations, if site disturbance commences between February 1 and August 31 , a pre-construction survey shall be conducted by a qualified wildlife biologist. If nests of either migratory birds or birds of prey are detected on or adjacent to the site, the applicant shall consult with the CDFW to determine the size of a suitable buffer in which no new site disturbance is permitted until August 31 , or the qualified biologist determines that the young are foraging independently. If more than 15 days elapses between the survey and site disturbance, the survey shall be repeated.

1.22. As required to comply with applicable laws and regulations, during all grading, trenching or excavation activities, a professional archaeologist shall be present to observe the work and

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should archeological materials be uncovered during grading, trenching or excavation activities, all work shall be stopped until a professional archaeologist has had an opportunity to evaluate the significance of the material and develop appropriate measures.

Recommendations made by the professional archeologist, as approved by the Planning Division, shall be implemented.

1.23. As required to comply with applicable laws and regulations, prior to issuance of grading, or building permits the project applicant shall submit to the Contra Costa Fire Protection District and the City a Phase I environmental site assessment report, (and a Phase II report if warranted .by the Phase I report) for the project site. The reports shall make recommendations for remedial action, if appropriate, and should be signed by a Registered Environmental Assessor, Professional Geologist, or Professional Engineer. The project shall comply with the recommendations.

1.24. The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees ("indemnitees") from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

1.25. Campers, trailers, motorhomes, or any other similar vehicles are not allowed on the construction site except when needed as sleeping quarters for a security guard.

1.26. A construction trailer shall be allowed to be placed on the project site for daily administration/coordination purposes during the construction period.

2.0 Approval Time Limit

2.1 Architectural Review permit shall expire two (2) years from the effective approval date unless: a building permit is issued, substantial money is expended, and construction diligently pursued, or an occupancy permit is issued, or the Architectural Review Commission, or other hearing body which originally approved it, renews the approval. A renewal may be granted only if a written request is submitted by the applicant to the Zoning Administrator prior to expiration of the Architectural Review permit.

3.0 Related Conditions of Approval

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3.1. Compliance with all conditions of approval of Development Plan Permit PLN 18-0198 shall be completed, otherwise approval of this Architectural Review Permit shall be null and void.

3.2. The project shall comply with all Engineering Division conditions of approval as noted in Attachment Engineering Conditions of Approval.

3.3. The project shall comply with all required mitigation measures in the Environmental Impact Report as noted in the associated Mitigation Monitoring Report.

4.0 Building Design

4.1 Specific paint, siding, wall or roofing materials, finish textures, and windows or doors shall be in substantial compliance with Architectural Review Commission approved plans and conditions. Manufacturer specifications and samples of final color and materials selections may be required by the Zoning Administrator prior to issuance of building permits to verify compliance.

4.2 All building drainage gutters, down spouts, vents, and similar elements located on the exterior walls shall be shown on final building elevation drawings prior to building permit issuance and shall be completely concealed from view or shall be architecturally compatible with the exterior building design and color.

5.0 Landscaping

5.1. Stormwater water retention facilities shall be minimized to the greatest extent feasible to preserve existing mature trees at the eastern edge of the property.

5.2. Prior to building permit issuance, detailed plans shall be submitted to the Planning Division for review and approval.

5.3. All ground installed mechanical equipment shall be screened from views with methods to the approval of the Zoning Administrator.

5.4. The proposed landscaping shall comply with the City of Pleasant Hill Water-Efficient Landscape Ordinance. Compliance shall be documented prior to installation of any irrigation or landscaping and as noted in the ordinance (including funding for the peer review to ensure compliance).

5.5. The property owner shall enter into a Landscape Maintenance Agreement (LMA) with the City that includes a requirement for an annual report certifying that the project site is being maintained in compliance with the approved landscape plan. The report shall be prepared by a landscape professional and submitted annually to the Zoning Administrator commencing 12 months after initial building occupancy approval. The City will prepare the LMA upon request by the applicant. Lastly, upon review and approval by the City, the property owner shall record the LMA at the Contra Costa County Recorder's office and

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provide a copy of the recorded LMA to the Zoning Administrator prior to issuance of a Final Certificate of Occupancy or final building inspection, whichever is applicable.

5.6. The site shall be subject to annual compliance reviews by the Zoning Administrator from the approval date of Architectural Review Permit PLN 18-0198. Any trees/shrubs that are determined to be dead or dying by the City shall be replaced to the satisfaction of the Zoning Administrator by April 1 of each year.

5.7. Prior to issuance of building permits, detailed final landscape and irrigation plans shall be submitted to the Zoning Administrator for review and approval in accordance with direction from the Architectural Review Commission. Such plans shall be prepared and stamped by a California licensed landscape architect or other equally educated and experienced professional qualified to the satisfaction of the Zoning Administrator.

5.8. Landscape plans shall be scaled to a minimum of 1" = 20' and shall specify the following:
a. The location and size of all plant materials and shall include a plant legend specifying species type (botanical and common name), container size, and quantity of all plant materials;
b. Spacing for all trees shrubs, and ground covers;

5.9. Locations of all pavements and hardscape (vehicular and pedestrian), walls, fencing, buildings, roof overhangs and other structures, utility equipment (air conditioners, transformers, backflow prevention valves, etc.), property lines, and other pertinent site plan features.

5.10. All landscaping shall be installed in accordance with the plan approved by the Architectural Review Commission. Plant materials shall comply with the following:
a. Plant materials shall consist of a mix of evergreen and deciduous trees, shrubs and ground covers to provide design interest and serve as a protective measure against disease and insect infestation. Low maintenance plants are encouraged; b. Only live ground cover is allowed in high visibility and pedestrian areas. Exceptions may be approved by the zoning administrator to include, but not be limited to, decorative gravel beds, decomposed granite paths or pedestrian spaces and areas to be accented with shrubs;
c. All landscape planting areas shall be mulched or covered with bark chips or other similar material, unless growth of live ground covers would be impeded. Exposed soil is prohibited;
d. Drought tolerant species suitable for the Pleasant Hill area are encouraged; e. Plant material selections must consider the climatic conditions of the Pleasant Hill area.

Species particularly susceptible to, or potentially damaged by, disease, insects, winter

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freeze, summer heat, wind, and other climatic conditions are discouraged. Species exhibiting particular problems in the Pleasant Hill area may not be permitted and, as such, plant substitutions may be required by the Zoning Administrator.

5.11. Plant material size and spacing shall comply with the following:
a. Minimum tree size shall be a 50% mix of 24" box and 15 gallon. Minimum shrub size shall be 5 gallon. Smaller sized containers may be utilized for ground covers; b. Where plant materials are placed in two (2) or more rows, planting rows shall be staggered;
c. Evergreen trees required for screening purposes shall not be less than six (6) feet in height at time of planting;
d. Large shrubs required for screening purposes shall not be less than thirty (30) inches in height at time of planting. Spacing shall be between four (4) and six (6) feet on-center, as determined by the zoning administrator.
e. Ground covers shall be spaced such that full coverage is achieved at the end of eighteen (18) months.

5.12. Planting and staking details shall comply with the following:
a. Final landscape plans shall include planting and staking details in text and/or drawing form to insure proper installation and establishment of proposed plant materials; b. Soils shall be tested to identify existing soil conditions and necessary amendments. All planting pits shall be twice the diameter of the diameter of the root container; c. All trees shall be double-staked, except that twenty-four (24) inch or larger box trees may require guy wires or triple-staking as determined by the zoning administrator. Guy wires are prohibited within pedestrian traffic areas. Trees shall be protected from contact with any wire used in staking;
d. Provide root deflectors for all trees planted within 8 feet of paved surfaces; e. All planters in areas which have been compacted, such as adjacent to buildings and in parking lots, shall be de-compacted to the following depths: planters less than 3' wide shall have compaction relieved to a minimum depth of24" below subgrade; planters 3' to 1 O' wide shall have compaction relieved to a minimum depth of 18" below sub grade; planters more than 1 O' wide shall have compaction relieved to a minimum depth of 12" below subgrade;
f. Planters 1 O' or less in width in locations that will not allow nonnal percolation of 24 to 36 hours maximum (such as adjacent to buildings) shall have drain pipes connected to the storm drain system or shall have dry wells installed as determined necessary by the zoning administrator;
g. The finished grade of planter islands or wells shall have a crown with a 2% slope down to surrounding grade or top of curb. Planters adjacent to buildings where a crown can not be installed will require subdrains if adequate surface drainage will not be provided;

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5.13 . All landscaped areas shall be serviced by an automatic irrigation system. Irrigation plans shall comply with the following standards:
a. Valves and circuits shall be separate based on water use; b. Drip or bubbler irrigation systems are required for trees; c. Sprinkler heads must have matched precipitation rates within each control valve circuit; d. Serviceable check valves are required where elevation differential may cause low head drainage;
e. Sprinkler head spacing shall be designed for head-to-head coverage. The system should be designed to minimum runoff and overspraying onto non-irrigated areas; f. All irrigation systems shall be equipped with a controller capable of dual or multiple programming. Controllers must have multiple-cycle start capacity and a flexible calendar program;
g. Plans shall include a water budget including:
i. Estimated annual water use (in gallons) and the area (in square feet) irrigated. ii. Precipitation rates for each valve circuit.

5.14. Screening of all mechanical equipment, valves, transformers, air conditioning and heating units, or similar appurtenances shall be indicated on revised plans.

5.15. All parking lot landscape areas shall be protected from automobiles with a 6 inch high, poured in place, vertical concrete curb.

5.16. Berms shall be illustrated according to slope, width, height above surrounding grade, and landscaping. Landscape berms shall be coordinated for consistency with the grading plan.

5.17. All landscape areas shall be maintained in a healthy, thriving condition, free from weeds, trash, and debris.

5.18. During installation oflandscaping and irrigation, and prior to the issuance of an occupancy permit, the landscape architect or design professional responsible for preparing the final landscaping plans, or his/her designee, shall monitor installation and visit the site prior to completion of the landscape work. He or she will thereafter submit to the zoning administrator a written statement confirming: compliance with approved plans and conditions, and that the number of plants, their size and species installed on-site is in conformance with the plans.

6.0 Parking and Access

6.1 Any security gates or fences shall require details submitted to the Police Department, Contra Costa Fire Protection District, and Zoning Administrator for approval prior to issuance of building permits.

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Attachment - Engineering Conditions of Approval
NO "'j Department Submittal
CONDITIONS OF APPROVAL i Required, . ... Prior to:

PUBLIC WORKS - PROJECT SPECIFIC CONDITIONS
A. Off-Site Improvements: The PW/ENG Prior to
following off-site improvements Approval of
shall be constructed in c onjunction Improvement
with the development: Plans
i. Applicant shall remove and
replace existing sidewalk,
curb and gutter along the
project frontage on North
Main Street per current City
standards or per the direction
of the City Engineer.
ii. Applicant shall remove and
replace existing nonconforming sidewalk to
minimum 4' wide conforming
sidewalk, , curb and gutter on
Oak Park Blvd from Pleasant
Valley Drive to North Main
Street per c urrent City
standards or per direction of
the City Engineer.
iii. Applicant shall install new
street lights and associated
joint trench on Oak Park Blvd.
between North Main Street
and Pleasant Valley Drive.
iv. Applicant shall install new
"Stop Sign and Pavement
Marking" at all driveway exits.
v. Applicant shall remove
existing shrubs and
. landscaping and install new
landscaping on the North
Main Street median between
Task ~
Completion
. -·
Prior To
Occupancy

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CONDITIONS OF APPROVAL
Oak Park Blvd. south to the
southern City limit per the
direction of the City Engineer.
vi. Applicant shall furnish new
electrical connection to
illuminate the existing City's
gateway sign per the
direction of the City Engineer.
vii. Applicant shall underground
all overhead lines including
PG&E power lines along the
project frontage along North
Main Street. This includes the
pole at the northeast corner
of the property. The
undergrounding to the north
shall extend north of the Oak
Park Boulevard overpass.
viii. Applicant shall patch any
damaged or failed asphalt
pavement areas; Micro seal
and restripe North Main Street
(in both directions) along
project frontage and Oak
Park Blvd (between North
Main and Pleasant Valley
Drive) (in both directions) or
as directed by the City
Engineer.
ix. Applicant shall install new
bike lane signage and
markings on North Main
Street or as directed by the
City Engineer.
x. Applicant shall restripe and
make necessary signage
changes per the direction of
City's Traffic Engineer at Oak
Department Submittal
Required,
Prior to:

Task
Completion

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NO Department Submittal

CONDITIONS OF APPROVAL
Park Blvd. and North Main
Street intersections.

B. Site Distance Exhibit: Applicant PW /ENG
shall show site distance exhibit
showing adequate driver visibility
at any location where surface
improvements are anticipated to
exceed 30" high.

C. Geotechnical Report: PW /ENG
D.

Geotechnical engineer to provide
input as to the minimum setback for
the bio-retention areas from
building foundations and other site
improvements or if protective
linings and I or cut-off walls are
necessary. Bio-retention areas
cannot have any liners at the
bottom or the side of the basins.

Driveway: Running
individual driveways
exceed 113 max.
slope
shall
on PW/ENG
not
E. Traffic Mitigation Fee: Applicant shall PW /ENG
pay Traffic Mitigation Fee of $ -------
F.
[No. of Trips @ $ 291].

Net-Zero Runoff: Applicant shall PW /ENG
submit drainage calculations (25
year storm event, 1 hour duration,
zero net runoff) and storm water
control plan per Municipal Regional
Permit Provision C.3.
i. Hydrology and Hydraulic
Calculations shall be
provided for the design of the
Required,
Prior to:

Prior to
Approval of
Improvement
Plans
Prior to
Approval of
Improvement
Plans
Prior to
Approval of
Improvement
Plans
Prior to
Approval of
Improvement
Plans
Prior to
Approval of
Improvement
Plans
Task
Completion
Prior To
Occupancy
Prior To
Building
Obtaining
Building
Permit
Prior To
Occupancy

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CONDITIONS OF APPROVAL
on-site and off-site storm
drain system.

G. Cost Estimate: Applicant shall
provide cost estimate, and
Improvements Bonds for review
and approval.

Department
H. Public Improvements. All public PW /ENG
improvements shall conform to the
City of Pleasant Hill Standard Plans
and design requirements and as
approved by the City Engineer.

I. Grading Plan. The Grading Plan PW /ENG
shall be in conformance with the
recommendations of the
Geotechnical Report and the City
design standards & ordinances. In
case of conflict between the soil
engineer's recommendations and
City ordinances, the City Engineer
shall determine which shall apply.

J. Site Plan. On-site improvements PW /ENG
shall be designed in accordance
with the approved project plans,
K. Accessible Path of Travel. All PW /ENG
walkways from the public and
private sidewalks to the site shall be
as shown on the approved plans,
and shall be in conformance with
current California Building Code
and ADA requirements for
accessibility.

L. Vehicle Parking. All on-site and off- PW /ENG
site vehicle parking spaces shall
conform to the following:
a} A minimum 3' radius shall be
provided at curb returns and
Submittal
Required,
Prior to:

Improvement
Plans
Improvement
Plans
Prior to
Approval of
Improvement
Plans
Improvement
Plans and
Through
Completion
of
Improvement
s
Task
Completion
Prior To
Occupancy
Public Works
Improvement Public Works
Plans

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NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
curb intersections where
applicable.

Curbs at inside corners at the ends
of parallel parking bays shall be
rounded to a minimum 20' radius.

M. Striping Plan. A Striping Plan PW /ENG
showing all proposed striping within
public and private streets shall be
submitted for review and approval
by the City Enqineer.

N. Street Signs. Applicant/Developer PW /ENG
shall furnish and install street name
signs, traffic signs & traffic
pavement markings within
adjacent streets as required by the
City Engineer.

0. Signs and Pavement Markings. The PW /ENG
Applicant/Developer shall be
responsible for the following on-site
traffic signs and pavement
markings:
a) "No Dumping-Drains to Bay"
storm drain medallions shall
be placed on all public and
private storm drain inlets.
b) Applicant shall install "Stop"
sign and pavement markings
at drive exits or as directed
by the City Engineer.
c) Applicant shall install "No
Stopping Fire Lane, CVC
22500. l" sign and Red
Curb/stencil as directed by
the City Engineer.

P. Project signs. All proposed project PW /ENG
monument signs shall be placed on
private property. The signs should
ideally be located outside any
easement areas, but exceptions
can be made by the City Enqineer.

Required,
Prior to:

Improvement Public Works
Plans
Improvement Public Works
Plans and
Occupancy
Improvement Public Works
Plans and
Occupancy
Improvement Public Works
Plans

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NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
Any signage located in an
easement is subject to removal and
replacement at the expense of the
Applicant/property owner if
needed by the easement holder.

Q. Underground Utilities. All public PW /ENG
utilities shall be located and
provided within public utility
easements and sized to meet utility
company standards.

R. Trench Cut Street Restoration. PW /ENG
When one { 1) or more longitudinal
or three (3) or more transverse
trench cuts are required in a public
street, the Developer shall perform
a minimum two inch {2") grind and
asphalt concrete overlay of the
street to the satisfaction of the City
Engineer. Limits of the grind and
overlay to be performed will be
determined by the City Engineer
based on the location and
proximity of the trench cuts.

S. Utility Vaults. To the maximum PW /ENG
extent practicable, all utility vaults,
boxes and structures shall be
underground and placed in
landscape areas and screened
from public view. All utility vaults,
boxes and structures shall be shown
on landscape plans and approved
by the City Engineer and City
Planner prior to construction.

T. Underground Obstructions. Prior to PW /ENG
. demolition, excavation and
grading on any portion of the
project site, all underground
obstructions (i.e. debris, septic
Required,
Prior to:

Improvement Public Works
Plans
Acceptance Public Works
of
Improvement
s
Improvement Public Works
Plans
Grading/ Public Works
Sitework
Permit

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NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
tanks, fuel tanks, barrels, chemical
waste} shall be identified and
removed pursuant to Federal, State
and local regulations and subject
to the review and approval by the
City. Excavations shall be properly
backfilled using structural fill,
subject to the review and approval
of the City EnQineer.

U. Trash Capture. The project shall PW /ENG
incorporate full trash capture
measures such as inlet filters or
hydrodynamic separators to
address the requirements of
Provision C.10 of the current
Regional Water Quality Control
Board (RWQCB} Municipal
Regional Permit (MRP} to the
satisfaction of the City EnQineer.

V. Stormwater Treatment Measures PW /ENG
Maintenance Agreement.

Applicant/Developer shall enter
into an Agreement (on-site} with
the City of Pleasant Hill that
guarantees the property owner's
perpetual maintenance obligation
for all trash capture measures
installed as part of the project. The
Agreement shall be recorded
against the property and shall run
with the land.

W. Hydrology and Hydraulic PW /ENG
Calculations. Hydrology and
Hydraulic Calculations shall be
provided for the design of the onsite and off-site storm drain system.

X. Geotechnical Report and PW /ENG
Recommendations: The
Required,
Prior to:

Improvement Public Works
Plans
Improvement Public Works
Plans
Improvement Public Works
Plans
Improvement Public Works
Plans

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NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
Applicant/Developer shall provide
a site specific geotechnical report
prepared by a geotechnical
engineer. The geotechnical
engineer shall certify that the
project design conforms to the
report recommendations prior to
the approval of the Improvement
Plans. All report recommendations
shall be followed during the course
of qradinq and construction.

Y. Erosion Control During Construction. PW /ENG
Applicant/Developer shall include
an Erosion and Sediment Control
Plan with the Grading and
Improvement plans for review and
approval by the City Engineer. Said
plan · shall be designed,
implemented, and continually
maintained pursuant to the City's
NPDES permit between October ist
and April 15th or beyond these
dates if dictated by rainy weather,
or as otherwise directed by the City
Engineer.

Z. Construction Noise Management PW /ENG
Plan.

Applicant/Developer shall prepare
a Construction Noise Management
Plan, to be approved by the City
Engineer and Community
Development Director, which
identifies measures to be taken to
minimize construction noise on
surrounding developed properties.

The Plan shall include hours of
construction operation, use of
mufflers on construction
Required,
Prior to:
lmprovemen Public Works
t Plans and
Through
Completion
of
lmprovemen
ts
During Public Works
Construction
and Grading
Activities

8.1.c
Packet Pg. 319 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 21 ends

NO Department Submittal

CONDITIONS OF APPROVAL
equipment, speed limit for
construction traffic, haul routes and
identify a noise monitor. Specific
noise management measures shall
be included in the project plans
and specifications.

AA. Construction Hours. The contractor PW /ENG
shall limit development activities as
follows: ( 1 ) general construction
activities shall only occur between
the hours of 7:30 a.m. to 7:00 p.m.

Monday through Friday, except
that heavy equipment activities for
mass site grading and
improvements shall be further
limited to 9 a.m. to 4 p.m. Monday
thru Friday only, and shall be
prohibited on all weekend days
and City holidays. Construction
activity, limited to interior work is
permitted on Saturdays between
the hours of 9 a .m. and 6 p.m.
only. All Grading/Construction
activities (to include interior work on
the property) are prohibited on
Sundays and on City recognized
holidays. Lane closures within the
public streets shall be limited to
Monday - Friday between 9 a .m.
and 4 p.m. and major resurfacing of
Public Streets shall be done on the
weekends between 9:00 a.m. 6
p.m. or per direction of City
Engineer. Overtime inspection rates
will apply for all Saturday and/or
holiday work. A staging plan for
construction trucks and hauling
route shall be submitted for review
and approval. No staqinq of
Required,
Prior to:

During
Construction
Task
Completion
Public Works

8.1.c
Packet Pg. 320 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 22 ends

NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
construction trucks or equipment
are allowed on Oak Park Blvd. and
North main Street.

BB. Temporary Fencing. Temporary PW /ENG
Construction fencing shall be
installed along perimeter of all work
under construction to separate the
construction operation from the
public. All construction activities
shall be confined to within the
fenced area. Construction
materials and/or equipment shall
not be operated or stored outside
of the fenced area or within the
public right-of-way unless
approved in advance by the City
Engineer.

CC Damage/Repairs. The PW /ENG
Applicant/Developer shall be
responsible for the repair of any
damaged pavement, curb &
gutter, sidewalk, or other public
street facility resulting from
construction activities associated
with the development of the
project.

DD Root Barriers and Tree Staking. The PW /ENG
landscape plans shall provide
details showing root barriers and
tree staking meeting current City
specifications.

EE. Easements. The PW /ENG
Applicant/Developer shall acquire
easements, and/or obtain rights-ofentry from the adjacent property owners for any improvements on
their property. The easements
and/or riqhts-of-entrv shall be in
Required,
Prior to:

Through Public Works
Completion
of
Improvement
s
Occupancy Public Works
Approval of Planning
Landscape
Plan
Grading/
Sitework
Permit
Public Works

8.1.c
Packet Pg. 321 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 23 ends

NO Department Submittal Task
CONDITIONS OF APPROVAL Completion
writing and copies shall be
furnished to the City Engineer.

Ingress and egress easements,
emergency vehicle access
easements, storm drain easements,
water line easements, sanitary
sewer easements and joint use
parking easements will be required
as and to the extent needed,
between parcels. The easements
shall be subject to the approval of
the City Engineer.

FF. Occupancy Permit Requirements. PW /ENG
Prior to issuance of an Occupancy
Permit, the physical condition of the
project site shall meet minimum
health and safety standards
including, but not limited to the
following:
a) All construction equipment,
materials, or on-going work
shall be separated from the
public by use of fencing, barricades, caution ribbon,
or other means reasonably
approved by the City
Engineer.
b) All fire hydrants for the
building shall be operable
and easily accessible.

EASEMENTS
GG The Developer shall obtain PW /ENG
abandonment from all applicable
public agencies of existing
easements and right-of-ways that
will no longer be used, if any.

Required,
Prior to:

Occupancy Public Works
Approval of
Final Parcel
Map
Standard
Condition

8.1.c
Packet Pg. 322 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 24 ends

1 1.1

1.2 1.3

1.4 1.5
2 2.1

2.2 2.3

2.5 2.7

2.8 3

3.1 ENGINEERING DIVISION

STANDARD CONDITIONS OF APPROVAL
General
The Project shall comply with all applicable requirements of the Municipal Code.

Grading/Drainage Permits: Grading/Drainage permit(s) shall be obtained from the Public Works and Community Development Department for proposed earthwork that exceeds 200 cubic yards in volume, 3 feet in depth, or 2:1 slope.

Encroachment Permit: An encroachment permit shall be obtained from the Public Works and Community Development Department for all work in the public right-of-way.

The Developer shall pay all applicable City fees as established by City Council resolution and City ordinances.

Street and site design shall conform to the City of Pleasant Hill Public Works and Community Development Department Standards.

Fees (see fee schedule)
The Developer shall pay encroachment permit processing and inspection fees prior to the issuance of the encroachment permit.

The Developer shall pay a $10,000 deposit for the grading and improvement plan review at the time of plan submittal. The total fee (full cost recovery) shall be paid prior to issuance of the grading permit.

The Developer shall pay a $7,500 deposit for the grading inspection prior to issuance of the grading permit. The total fee (full cost recovery) shall be paid prior to issuance of a certificate of completion.

The Developer shall pay a $1,500 deposit for the stormwater quality and erosion control inspection prior to issuance of the grading permit. The total fee (full cost recovery) shall be paid prior to issuance of the certificate of occupancy.

The Developer shall pay third party review fees (cost plus 103) upon submittal of the plans or reports for review.

The Developer shall pay the Drainage Area fee established by the Contra Costa County Flood Control and Water Conservation District in accordance with regulations establishing the Drainage Area prior to issuance of a buildinQ permit.

BondinQ and AQreements
I. Bond amounts shall be based upon a Construction Estimate developed by the Developer's Civil Engineer or Contractor as reviewed and approved by the City.

Authority

1.02.030

15.10.030Cl 5

11.05.020
Various
Reso 87-00

11.05.050

15.10.080,

17.35.050,

17.20.070,
Reso 18-07

15.10.190
Reso 18-07

15.10.080
Reso 53-97
Reso 124-00
11 .05.090,

15.10.170,

17.35.070

8.1.c
Packet Pg. 323 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 25 ends

3.2 The Bond underwriter shall be licensed to do business in the State of California.

3.3 A Cash Bond or Letter of Credit from a Financial Institution approved by the City Attorney may be submitted in-lieu of a Bond.

3.4 A Performance Bond shall be submitted to the City prior to issuance of a grading permit as required by the City Engineer. The bond amount will account for all costs to construct the approved grading and drainage plan, to install and maintain erosion and sediment controls, and to implement pollution prevention best management practices during the course of construction.

3.5 A Performance Bond and Payment Bond shall be submitted to the City prior to issuance of an encroachment permit as required by the City Engineer. The bond amount shall be for the amount to restore the rightof-way to its former condition, and shall also include costs of work zone traffic control and restorinq the pavement delineation.

3.6 A Cash or Corporate Surety Bond in the amount of 503 of the estimated total grading work shall be submitted to the City prior to issuance of a qradinq permit.

3.11 The Developer shall repair, at its expense, any existing facility damaged by their construction activities. Work shall be completed prior to the issuance of a certificate of occupancv.
4 Grading

4.1 11. Recommendations cited in the final City approved geologic and geotechnical report and peer review shall be implemented in the project design and construction. The Developer shall mitigate all issues revealed in the report and by the City or peer review, subject to the City Engineer.

4.2 The Soils Reports shall include an evaluation of geological hazard (landslides, liquefaction, ground faulting, underground aquifers, etc.), and stability of the proposed development site including surrounding properties. The report shall include recommendations to correct identified hazards and to mitiqate impacts of the development.

4.3 The Developer's Civil Engineer shall submit on-site improvement plans, grading plans, and public improvement plans, utility plans and landscape plans for review and approval by the Public Works and Community Development Department prior to issuance of a grading permit. The plans must conform to the City's "Public Works and Community Development Standards for Public Improvements." The plans shall include, but not be limited to: drainage, frontage improvements, utilities, and earthwork.

4.4 The Developer's Civil Engineer shall submit an erosion control plan, including cost estimate, for review and approval by the Public Works and Community Development Department.

17.35.070Cl

17.35.070C3

15.10.170

11.05.090

11.05.090,

15.10.170
PW Std

15.10.070

8.1.c
Packet Pg. 324 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 26 ends

4.5 The Developer's contractor shall provide adequate dust control measures during grading.

4.6 The Developer's contractor shall implement erosion control measures as per the erosion control plan and incorporate guidelines and measures from the most current RWQCB/ ABAG manual for erosion and sediment control if grading work is not completed by October 15.

4.7 The Developer's Soils Engineer shall inspect and certify that grading work was performed in conformance with the approved grading plan and geotechnical investigation report.

4.8 The Developer's Civil Engineer shall certify that the actual pad elevation for each lot is in conformance with the approved grading plan.

4.9 Sub drains shall be shown on the qradinq plans.

4.10 Mylar as-built grading plans signed by the soils engineer shall be submitted to the Public Works and community Development Department prior to the issuance of a Certificate of Occupancy. 5 Drainaqe

5.1 Ill. Any stormwater facilities proposed shall be designed to accommodate access and maintenance. Stormwater facility design shall be subject to approval by the Public Works and Community Development Department prior to the issuance of Grading Permits.

5.2 The Developer shall prepare a drainage analysis prior to issuance of Grading Permits to determine rainfall runoff quantities and on-site storm drain flow. The analysis shall consider the 25 year 1 hour storm and shall account for upstream offsite tributary quantities. The analysis shall provide evidence of achieving "zero net runoff" for the 25 year storm event, to the maximum extent practicable, subject to the approval of the City Enqineer.

5.3 The Developer shall design and install improvements, including offsite improvements such as flap gates and head walls to minimize the occurrence of localized flooding. Improvements shall meet with the approval of the City Enqineer.

5.4 Storm water shall be discharged by gravity flow to an approved (city owned and maintained) storm drain system.

5.5 Storm drains carrying public runoff shall be routed only in roadway rightof-way unless otherwise approved by the City Enqineer.

5.6 Storm water runoff shall be calculated by Rational Method for the 25 year-6 hour and 100 year - 6 hour events.

5.7 Culverts shall be designed to convey 25 year - 6 hour event.

5.8 Minimum culvert size is 18 inches.

5.9 Enclosing (culverting) of natural drains, creeks or rivers is not permitted.

5.10 Minimum drainage easement width shall be 10 feet.

5.1 1 All drainaqe facilities shall be desiqned with "positive drainaqe".

15.10.280

15.10.110

15.10.110
PW Std
PW Std

15.05.050E

15.10.280,
PW Std C7
PW Std C7

17.35.020C

17.35.020C
PW Std C7
PW Std C7
PW Std C7
PW Std C7
PW Std C7
PW Std C7

8.1.c
Packet Pg. 325 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 27 ends

6 Utilities

6.1 IV. Developer shall obtain those permits required by other agencies having jurisdiction within the construction area.

6.2 Developer shall provide proof of service agreements and approved utility facility plans to the Public Works and Community Development Department prior to the approval of the improvement plans.

6.3 Underground utility connections shall be made by bore/jack methods unless the street overlay work can be coordinated so that it is concurrent with the project construction. Plans shall include details of receiviriq pits.

6.4 All utility facilities shall be placed underqround.

6.5 All utility facilities (including but not limited to, storm drains, water mains, sewer mains, gas, electric, telephone, cable TV) shall be located in utility easements.
7 Stormwater Pollution Prevention

7.1 V. If the project disturbs 1 acre or more of land, then the Developer shall obtain a Notice of Intent (NOi) to comply with State of California General Construction NPDES Permit. A copy of this NOi shall be submitted to the Engineering Division prior to issuance of a Grading Permit.

7.2 The Developer shall implement a water conservation irrigation system, appropriate landscape design, and proper operation and maintenance methods to reduce excess irrigation runoff, promote surface filtration, and minimize use of fertilizers, herbicides, and pesticides.

7.3 Drainage from impervious surfaces shall be routed through grassy swales, buffer strips, sand filter or other similar treatment BMP prior to discharge into the storm drainaqe system, to the maximum extent practicable.

7.4 Site and landscape design details shall incorporate concepts and techniques described in the "Start at the Source" site design guidance manual to the maximum extent practicable.

7.5 The booklet "Blueprint for a Clean Bay" shall be included in project plans and specifications prior to issuance of a Grading Permit. Project plans shall include a sheet entitled "Pollution Prevention, its Part of the Plan."

7.6 The Developer shall install "No Dumping - Drains to Bay" green and blue stainless steel markers (Almatek, or approved equivalent), on all existing and proposed storm drain inlets.

7.7 The Developer shall submit a Stormwater Pollution Prevention (SWPPP) for approval by the City Engineer, prior to approval of the improvement plans. The SWPPP will define Best Management Practices and site management processes (including, but not limited to, litter control, motor vehicle washing and maintenance: and storage of hazardous materials) to assure that pollutant discharges will not occur. The Developer shall implement the approved plan durinq construction. 11 .050.040,
PW Std C4
PW Std C4

11.050.120
PW Std C4
PW Std C4
RWQCB Reg
NP DES
Permit
Mandate
NP DES
Permit
Mandate
NP DES
Permit
Mandate
NP DES
Permit
Mandate
NP DES
Permit
Mandate
PW Std. C6C

8.1.c
Packet Pg. 326 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 28 ends

7.8 The Developer shall submit a Stormwater Control Plan (SCP) for approval by the City Engineer, prior to issuance of a certificate of occupancy.

The SCP shall meet the criteria set forth in the latest version of the Stormwater C.3 Guidebook and demonstrate that the project incorporates BMPs that minimize the effect of post-development runoff to the maximum extent practicable.

7.9 Stormwater treatment facilities shall be made accessible to the City and other public agencies, including, but not limited to, Central Contra Costa Sanitary District, Contra Costa Mosquito and Vector Control District, and Contra Costa County Fire Protection District. 8 Peer Review

8.1 VI. Third party peer reviews may be required as determined by the City Engineer. The review shall be performed at the Developer's expense and may include the review of the final soils report, grading, hydrology, lot closure calculations, improvement plans, erosion control plans, post construction pollution prevention plans, and field inspections of permitted work.

Developer shall submit a deposit to the City prior to the third party review.
9 Traffic

9.1 VII. Developer shall install on and off-site traffic mitigation · improvements as recommended and accepted by the City
Engineer.
10 Streets

10.1 Street layouts shall comply with Table 1 and Table 2 of the PW Std.

10.2 Concrete curbs and qutters shall be installed on all new streets.

10.3 ADA accessibility shall be provided in compliance with Title 24.

10.4 Concrete sidewalks shall be installed on both sides of street.

10.5 Street trees shall be provided every 30 feet (in right of way or on private property).

10.6 Streetliqhts shall be desiqned in conformance with Table 3 of the PW Std.

10.7 Bikeways shall be installed on new collector and arterial routes.

10.8 Traffic control shall be provided in compliance with Caltrans Stds.

10.9 Fences or sound wall shall be installed on dual frontaqe streets.

10.10 Fences or sound walls in Public Right-Of-Way shall conform to community development standards, color and material shall be approved by the ARC.
11 Miscellaneous

15.05.050

17.030.070,

15.10.080

17.25.040
PW Std C3
PW Std C3
PW Std C3
PW Std C3
PW Std C3
PW Std C3
PW Std C3
PW Std C3
PW Std C5
PW Std C5

8.1.c
Packet Pg. 327 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Cambria Hotel (PLN 18-0198)
Conditions of Approval

Page 29 ends

11.1 All projects requiring subdivision or development plan approval shall enter into a lighting and landscape district (if applicable) to assure long term funding and maintenance of landscaped improvements.

11.2 Trash/Recycling enclosures shall be designed with a cover and screening [if applicable).

11.3 The Developer shall submit a Waste Management Plan (WMP) as part of a building, demolition or encroachment permit for approval by the Chief Building Official. The WMP shall acknowledge that 503 of all construction and demolition debris shall be diverted, and shall include the applicable performance security.

PW Dept
Recommend
PW Dept
Recommend

14.40.050

8.1.c
Packet Pg. 328 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment)

CAMBRIA HOTEL

PUD DEVELOPMENT

CONCEPT PLAN
(ORDINANCE NO.XXX)

REVIEWED BY THE
ATTACHMENT3
(EXHIBIT A-1)

PLEASANT HILL ARCHITECTURAL REVIEW

COMMISSION

REVIEWED BY THE

PLEASANT HILL PLANNING COMMISSION

REVIEWED BY THE PLEASANT HILL CITY

COUNCIL

ADOPTED BY THE PLEASANT HILL CITY

COUNCIL

8.1.c
Packet Pg. 329 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) I. GENERAL PLAN CONSISTENCY
The Concept Plan is consistent with the City of Pleasant Hill General Plan as noted below:
a. Community Development Policy 2A - Encourage uses needed by the Community at appropriate locations .. The site has been underutilized for many years at a key gateway location to the City.

Having a high quality, tourist commercial project, with freeway frontage would be an appropriate location and the revenue generated from the project would help provide City services.
b. Community Development Goal 3 :_ Generate thriving, attractive and cohesive development at vacant or underutilized sites. The proposed amendment would establish a new land use on a partial vacant and . underutilized site. The propose~ amendment would potentially allow an attractive, thriving tourist commercial use where other commercial uses have not been successful.
c. Economic Strategy Goal 1 - Promote the economic health of the downtown and the city as whole. Designatjng and establish a tourist commercial land use will provide opportunities for lodging or other toUrist uses to the City that will benefit the City through increased spending by tourist and provide increased customers for Downtown and the greater City commercial uses. d. Economic Strategy Goal 2 - Create and maintain a' dynamic and diverse economic base.

Creating a new tourist commercial land use and designating an underutilized site, woul-0 potentially allow a tourist use that would contribute to the econoinic base of the City, as a new use would likely result in increased City revenue that would help support City services. e. Economic Goal 3 - Facilitate additional retail and commercial opportunities that meet local needs. The new tourist commercial land use will provide additiorial opportunities for visitor related uses that is currently underserved as there is no visitor specific land use type within the City. Currently, visitor related uses must compete with other commercial uses for available locations throughout the City.
f. Economic Goal 4 - Enlarge the City 's revenue base as necessary to sustain and support the community. The new tourist commercial land use will provide additional opportunities for visitor related uses, which including hotel uses, will enlarge and sustain the City's revenue base that will help support City services.
g. Circulation Goal 5 - Reduce congestion and vehicle trips through land use planning.

Designating this site, along a main corridor (N. Main Street and Interstate 680) and within proximity to the Pleasant Hill BART Station will help to reduce congestion and vehicle trips in neighborhoods and secondary corridors as access is available through primarily commercial corridors.
h. Growth Management Goal 1 - Support land use patterns that are orderly and make more efficient use of the transportation system. The pr.oposed tourist commercial use would be located along a main vehicle corridor (N. Main Street) and within proximity to the Pleasant' Hill BART Station, both of which would make efficient use of the existillg transportation system.

8.1.c
Packet Pg. 330 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment)

IL EXISTING SITE CONDITIONS
A. LOCATION
The project site consists of approximately 2.47 gross acres ofland on the west side of North Main Street south of Oak Park Blvd. in the City of Pleasant Hill.

Major streets in the vicinity of the project site are North Main Street to the west and Oak Park Blvd. to the North. The project site is located near the Interstate 680 Freeway, with the closest exits at Treat Blvd. (to the south).

B. EXISTING SITE FEATURES
The project site contains of an existing restaurant (Black Angus Steak.House); with the associated commercial improvements, and a parking lot. Because of this ·prior developm'ent, there is a significant amount of existing impervious ·surface on-site.

In addition, the project site contains a number of mature trees, both within the existing parking area and around the site's perimeter, including Oak, Pepper and other species. It also contains an existing sound wall to the west. Site topography is relatively flat.

C. AREA CONTEXT
The project site is substantially surrounded by urban uses. Along the south west portion is residential homes, along the northwest portion is retail, along the north portion is Oak Park Blvd. and along the east portion is North Main Street and Interstate 680.

D. SITEACCESS
Access to the project site is provided by two points of ingress/egress, the first driveway is located along the east side of the project from North Main Street and the second is located along· the north side from Oak Park Blvd.

III. CONCEPT PLAN REQUIREMENTS
A. USES
The project site shall be governed by the existing base Retail-Business zoning district regulations, except to the extent such regulations are modified pursuant to this PUD Development Concept Plan.

8.1.c
Packet Pg. 331 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Uses permitted within this PUD district shall be classified according to PHMC Section l8.25.020 (Use Classifications). Permitted, conditionally permitted and uses are set forth in Table 1 below.

SCHEDULE PUD XXX LAND USE PPermitted
REGULATIONS U Use Permit Required
T Temporary Use Permit Required
PUD
xxx Additional Use Reirulations
Automobile, vehicle/equipment sales and u
rentals.

Commercial recreational and u
entertainment
Eating and drinking establishments p See PHMC 18.25.070 With Live entertainment/dancing inside
of a }?uildinJ?.

TypeA p See PHMC 18.25.090 and PHMC
Chaoter 18.70
TypeB u See PHMC '1 s "".090 and PHMC
Chaoter l&.70
With up to 12 outdoor seats p See PHMC 18.25.070
With more than 12 outdoor seats u See PHMC l~.~~ Q70
With drive-through service u
Food and Beverage Sales p
Hotels p
Live entertainment
TypeC u See PHMC 18.25.090 and PHMC
Cha,oter lt1Q
All types, outside of a building u See PHMC 18.25.090 and PHMC Chaoter 18. 70
Motels p
Offices, general and medical p
Retail Sales p
With Enclosed or unenclosed u outdoor drop-off, display or storae,e of u.pods
Temporary Uses T See PHMC Section 18.25.020

8.1.c
Packet Pg. 332 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) B. DEVELOPMENT REGULATIONS
If hotel uses are constructed on the project site, then the identified development regulations set forth in-this Subsection (B) shall govern under this PUD district. To the extent a development regulation or other zoning standard or regulation is not set forth in this PUD Development Concept Plan, then the applicable standard or regulation under the RetailBusiness zoning district shall govern. If uses other than Hotel are constructed on the project site, then the development regulati~ns under the Retail-Business zoning district shall govern.
~cialized Development Regulations Governing Hotel:

Front Yard Setback:
• 11.5 feet.
• 1.7 feet for the Porte Cochere.

Corner Side Setback:
• 12 feet at the closet point.

Rear Yard Setback:
• 50 feet at the closet point.

Maximum building height: (2)
• 45.75 feet for main building
• 49 feetto top of roof
• 59 feet to top of architectural features
• 56 feet to height of architectural feature per measuring of roof height Maximum Number of Stories: 4
Minimum Site Landscaping: 20%
Davlililit Plane: 40° at the rear of the building
Planting Area and Additional Setbacks: 2' setback adjacent to Pleasant Court
Maximum Gross FAR: 0.90
Parking Lot Development Provisions
Parkine Space Dimensions: 8 feet wide by 14 feet long
Parking Lot Landscape Median Strip: None Prooosed
Wheel St9ps: None Prooosed
Perimeter Parking Lot Landscape Width: Down to 1.5 feet Minimum Landscape Planter Width: When planter have no trees, the width can have a 1.5 feet width
Overhang for both sides: Down to 4 feet
Notes:
(1) Measured from property line along North Main Street. (2) Building height is meruiured to the highest point of the building. (3) Additional height up to 59 feet may be allowed if the Architectural Review Commission determines the proposed design would provide for higher quality architecture, excellence in design, or other special features, which would further improve compatibility in relation to surrounding properties by reducing/minimizing the apparent height, scale and mass of the development.

8.1.c
Packet Pg. 333 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) C. PARKING AND CIRCULATION

1. Access to the project site shall be provided from North Main Street and Oak Park Blvd (attached as Exhibit A).

2. All driveways, loading and parking dimensional requirements shall conform to the Off-Street Parking and Loading Regulations contained in PHMC Chapter 18.55, except that Section 18.55.110 (E). shall not apply.

3. Parking for Hotel uses shall not exceed 0.83 on-site parltjng spaces for each guest room and one parking space for every 50 square feet of banquet seating· area if provided.

For purposes of Hotel uses, the parking standard set forth in this Subsection (C)(3) shall be the total amount of required parkin$ for the project, including any ancillary uses (e.g., health club, etc.) that occur within the hotel building. In the event that any mutually agreed upon amenities or other public benefits are built within the project site, the parking area may be reconfigured to accommodate such feature without triggering the need for approval ·of a minor adjustment or concept plan amendment.

4. Parking area lighting for Hotel uses shall be in accordance with the requirements of PHMC Section 18.55.140(B), except that the average illumination level shall be 0.5 to

1.0 foot candles, and the maximum illumination level shall not be limited so long as the other requirements of PHMC Section 18.55.140 (B) are met.

5. Parking area landscaping shall be in accordance with the requirements of PHMC Section 18.55.140 (C.), except that: landscaped tree wells shall be a minimum of 3 feet in clear width, regardless of auto overhang, provided that an approved root barrier is installed; and that a minimum of one tree per three spaces shall be distributed throughout the project site, and such number of trees shall include existing trees to remain.

6. Acljustments of less than 20% to any parkiruz lot development regulations set forth in this Subsection (C) (except for off-street and' loading requirements) shall be reviewed pursuant to PHMC Section 18.55.190 (Minor Adjustments to Parking Design Standards). Adjustments of greater than 20% ~hall be reviewed through the project's Development Plan Permit process subject to the findings prescribed in Section

18.55.190.

D. ARCHITECTURE AND SITE LAYOUT
Development on the project site shall: consist of architecture that is generally compatible with the surrounding land uses, substantially comply with this PUD Development Concept Plan and the City Wide Design Guidelines, and be reviewed and approved by the Zoning ·Administrator, Planning Commission and the Architectural Review Commission for purposes of determining substantial conformance witji the Conceptual Site Plan.

In general, development on the project site shall be in substantial conformance with the Conceptual Site Plan (attached as Exhibit A). Significant modifications to the Conceptual Site Plan shall require an amendm~nt to this PUD district. Provided, however, for Hotel uses, proposed changes to the circulation and access layout, parking

8.1.c
Packet Pg. 334 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) configuration, or landscaping and lighting plans shall not be treated as significant modifications so long as the proposed site plan satisfies the applicable development regulations set forth in this PUD Development Concept Plan.

E. LANDSCAPING AND FENCING
Landscaping and fencing on the project site shall: be generally compatible with the surrounding land uses, substantially comply with this PUD Development Concept Plan and the Citywide Design Guidelines, and be reviewed and approved by the Zoning Administrator and the Architectural Review Commission for purposes of determining substantial conformance with the Conceptual Site Plan.

Development on the project site shall seek to preserve the existing mature trees around the site's perimeter , to the extent reasonably practicable taking into consideration overal1 site planning needs relating to site layout, drainage and water quality issues.

F. NATURALRESOURCESANDFEATURES
As set forth in Subsection (E) above, in order to enhance sound buffering and the site's aesthetic features, development on the project site shall seek to preserve the existing mature trees around the site's perimeter, to the extent reasonably practicable talcing into consideration overall site planning needs relating to site layout, drainage and water quality issues.

The preservation and/or removal of on-site trees shall be governed by the City's Tree Protection Ordinance (PI-fMC Section 18.50.110) and shall conform to any conditions of approval imposed on development within the project site and the duly approved tree preservation and removal plans.

G. SIGNS
All on-site project identification signs shall satisfy the requirements set forth in PHMC Chapter 18.60, and shall be in substantial conformance with the Citywide Sign Design Guidelines.

H. HOTEL DESIGN GUIDELINES
In addition, a hotel project shall be substantially consistent with the following' design guidelines applicable to the PUD:

1. The four story portion of the building(s) may constitute between 65%-85% of the area of the uppermost floor of the building as determined by the Planning Commission and Architectural Review Commission through the Development Plan and Architectural Review process.

2. The landscape plan for the development should be designed to be comparable and compatible to surrounding properties and should incorporate a high level of quality consisting of mature trees, water-efficiency, and design that is complementary to the site and main buildings.

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Packet Pg. 335 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) IV. INFRASTRUCTURE
A. The project site is currently accessed through various public streets, including North Main Street & Oak Park Blvd. Transit (bus) service to the project site is generally accessible in the area through the local transit provider.

B. Adequate wet and dry utilities (including, without limitatio~ sewer, water and electricity) currently exist on the project site and in the vicinity and will continue to serve the project site.

C. All utility lines on the project site shall be installed underground in a location approved by the Pleasant Hill Public Works Department.

D. Utility trenching shall be located so as to avoid significant, adverse impacts on drainage patterns and protected tree roots. ·
V. SUSTAINABILITY AND OTHER PROJECT DESIGN FEATURES
Development on the project site shall integrate, as reasonably practicable, the following sustainability features:

A. Water use reduction measures to achieve a minimum 20% reduction in water use through efficient fixtures, water efficient landscaping and staff training and education B. Construction waste management with the goal of diverting a minimum of 50% of waste materials from landfill
C. Employ green housekeeping measures and provide green educational materials for customers
The project will achieve an interior noise level of 45 dBA in the form of sound-rated assemblies (i.e., windows, exterior doors, and walls), and/or other appropriate features/measures, all of which will be incorporated into construction documents, based upon recommendations of a qualified acoustical engineer, subject to City approval. • Construction equipment shall include, to the extent reasonably practicable: alternatively fueled equiJ?ment, engine retrofit technology, after-treatment products and add-on devices sucQ. as particulate filters.
• Inclusion of limitations on construction hours on the project site such that (i) no construction occurs on weekends, and (ii) weekday construction hours consist of 7:30 a.m. to 7:00 p.m.
• For Hotel/Transient Occupancy uses, the hours for any on-~ite pool and/or sports court shall be limited to 9:00 a.m. to 10:00 p.m.
• Additionally, the project will implement the following BAAQMD recommended Basic Construction Best Practices.
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two (2) times per day. • All haul trucks transporting soil, sand, or other loose material of-site shall be covered. • All visible mud or dirt track-out into adjacent public roads shall be removed using wet power

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Packet Pg. 336 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to fifteen (15) mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (56) mines (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator.
• Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. 1bis person shall respond and take corrective action within forty-eight ( 48) hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations.

To address daytime construction noise issues, the project will implement the following best practices:
• Equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mUfflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically -attenuating shields or shrouds, wherever feasible).
• Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction will be hydra~lically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.

However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust will be used; this muffler can lower noise levels from the exhaust by up to about 10 (dBA). External jackets on the tools themselves will be used where feasible, and could achieve a reduction of 5 dBA. Quieter procedures will be used, such as drills rather than impact equipment, whenever feasible.
• Stationary noise se.urces will be located as far from adjacent receptors as possible, and they will be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible.
• If there are persistent and on-going complaints, the effectiveness of noise attenuation measures will be assessed by taking noise measurements.

Prior to the issuance of a building permit, along with the submission of construction documents, the project sponsor will submit to the Building Department a list of procedures to respond to and track construction-related noise complaints. These will include, but not be limited to, the folloWing:
• A procedure for notifying the Building Division staff and Pleasant Hill Police Department; • A plan for posting signs on-site pertaining to permitted construction days and hours and complaint procedures and who to notify in the event of a problem; • A listing of telephone numbers (during regular construction hours and off-hours);

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Packet Pg. 337 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) • The designation of an on-site construction complaint manager for the project; • Notification of neighbors within 300 feet of the project construction area at least 30 days in advance of any extreme noise-generating activities about the estimated duration of the activity; and
• A preconstruction meeting shall be held with the job inspectors and the general contractor/on-site project manager to confirm that noise reduction practices (including construction hours, neighborhood notification, posted signs, etc.) are completed.

VI. ADMINISTRATION
The adoption of this PUD Development Concept Plan by the Pleasant Hill City Council establishes the development regulations for land use development of the project site. This Plan was adopted by ordinance. Any application for development that does not comply with this PUD Development Plan shall be approved unless this plan is ~ended in compliance with PHM:C Chapter 18.30
Development of the project site shall require approval of a Development-Plan & Architectural Review Permits. Said permits shall be approved so long as the proposed development application is in substantial conformance with the Conceptual Si~ Plan (attached as Exhibit 1). Minor amendments to this PUD are subject to review as per PHMC Section 18.30.080.

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Packet Pg. 338 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) Exhibit A

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Packet Pg. 339 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) I
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Packet Pg. 341 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) 12:00PM
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Packet Pg. 344 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment) I
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Packet Pg. 345 Attachment: C - City Council Resolution No. 55-19 (Cambria Hotel Project Amendment)

CITY COUNCIL STAFF REPORT
Meeting Date: September 16, 2019
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. ___-19, A

RESOLUTION OF FINDINGS AND CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT (SCH# 2019049104), AND

ADOPTING A MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE PROJECT, INTRODUCTION OF ORDINANCE
NO. ____ APPROVING A PUD REZONING AND PUD CONCEPT PLAN
AMENDMENT, AND ADOPTION OF RESOLUTION NO. ____-19

APPROVING A GENERAL PLAN AMENDMENT, DEVELOPMENT
PLAN PERMIT, AND ARCHITECTURAL REVIEW PERMIT (PLN 18-
0198) FOR A NEW CAMBRIA HOTEL, INCLUDING SITE
IMPROVEMENTS AT 3131 AND 3195 NORTH MAIN STREET AND 1531 OAK PARK BOULEVARD (ASSESSOR PARCEL NUMBERS 170-092-050, 054, 055, 057, 058, 059)

SYNOPSIS
This is a public hearing to consider recommendations from the Architectural Review Commission and the Planning Commission to certify the Final Environmental Impact Report, approve a General Plan Amendment, adopt an ordinance approving a Planned Unit Development District (PUD) and Concept Plan, and approve related land use entitlements (Development Plan, Architectural Review Permit) for the Cambria Hotel (“Project”) and related site improvements. The site is proposed to be rezoned from the existing RB-Retail Business zoning district to a PUD (Planned Unit Development District). The Architectural Review Commission and Planning Commission both recommend approval of the project.

DISCUSSION
Project Description
The City Council is holding a public hearing to consider recommendations concerning PLN 18- 0198, consisting of a General Plan Amendment, Development Plan Permit, Architectural Review Permit, and PUD and Concept Plan (Rezoning) for a Cambria Hotel submitted by Stratus Development Partners. The Architectural Review Commission (ARC) and Planning Commission (PC) have held public hearings on the matter and both recommend approval to the City Council.

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Packet Pg. 346 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) The Architectural Review and Development Plan Permits are for a three and four story, approximate 49 foot tall building with architectural features up to 59 feet tall, 95,957 square feet hotel building, including 155 guest rooms, lobby area, office, meeting rooms, fitness facility, laundry and other hotel supportive areas. The hotel also includes an outdoor pool area that will be surrounded by a six foot tall wall. Review of the project also includes review of the parking lot and proposed landscaping for the site. This review will also include removal of all trees at the property except for one significantly sized oak tree that is located in the southwestern area of the property.

Note: PHMC Section 18.30.060.D (PUD/PPD) of the Zoning Ordinance: A development plan, architectural review permit, and/or any associated permits may be submitted for review concurrently with a PUD plan. In a concurrent submittal, the City Council shall be the final decision-maker on all applications after considering recommendations from the PC and/or ARC.

The applicant has elected to submit all related entitlement applications concurrently; consequently, the City Council will consider the ARC and PC recommendations as part of the requested project.

The proposed PUD “Concept Plan” is based on the development standards for the Retail Business Zoning District and addresses the following:

1. Land use schedule defining land use categories.

2. Development regulations.

3. Design guidelines/criteria, including landscaping.

4. General Plan consistency.

The City is also proposing to amend the General Plan to establish a new land use overlay designation for visitor-serving uses with accompanying goals, policies, programs, and updated standards including allowing a floor area ratio of up to 100% for specified uses within the proposed overlay. The overlay designation is currently proposed for only the hotel project site.

Background
The site is comprised of several existing parcels located at the southern gateway to Pleasant Hill, with direct frontage on North Main Street, facing toward the 680 Freeway. It is located within the Commercial and Retail General Plan land use designation and within the Retail Business (RB) zone district. The site is currently developed with a Black Angus Restaurant (recently vacated), parking lot, vacant space, and an approximately 2,500 square foot building. Adjacent uses include a mortuary to the south (Walnut Creek); two single family residences to the west (Walnut Creek); Oak Park Boulevard to the north and North Main Street to the east.

Initially, the applicant made a presentation to the Planning Commission in April 2018 to introduce the project. Subsequently, the proposed project has had three study sessions with either the Planning Commission (July 2018) or Architectural Review Commission (April and September 2018). The applicant also conducted a community meeting at the Pleasant Hill Library to gain additional feedback from the public. Lastly, a public scoping meeting on the project was held by the Planning Commission in September 2018.

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Packet Pg. 347 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) Through these public meetings, various issues have been raised by both the public and by Commissioners. The issues raised include concerns regarding the proposed height/number of stories, the architectural treatment of the rear of the building, privacy for adjacent residential uses, traffic, parking, noise, lighting, construction related impacts, preservation of the existing large oak tree, drainage, and area flooding concerns. As a result of the input received, revisions were made to the project and presented to the Architectural Review Commission for consideration of a recommendation to the Planning Commission and City Council.

The Architectural Review Commission reviewed the proposed project at its July 18, 2019 meeting.

At the meeting, the Commission discussed the project and collected public input. Comments and direction were provided to the applicant and the item was continued to the August 1, 2019 ARC Meeting. At that meeting, the Commission reviewed the proposed modifications and recommended approval of the Architectural Review Permit and proposed Planned Unit Development District (Rezoning) and Concept Plan.

The Planning Commission reviewed the proposed project at its August 13, 2019 meeting. At the meeting, the Commission discussed the project and received public input. The Commission reviewed the proposed project, considered the Architectural Review Commission recommendations, and recommended approval to the City Council, which included the proposed General Plan Amendment, Rezoning/Planned Unit Development & Concept Plan, Development Plan, Architectural Review Permit, and Environmental Impact Report and associated Mitigation Measures.

Since the recommendation by the Planning Commission, additional public comments have been received on the proposed project (Attachment 17). Both comments are related to concerns with this, and recent projects, that have not provided a public good as part of the project approval.

Analysis
A. General Plan Amendment
The site’s current General Plan designation is Commercial and Retail. As defined in the General Plan, Commercial and Retail includes shopping centers, banks, hotels, personal services, entertainment and cultural venues, restaurants, auto sales and service, and ancillary offices. This land use designation has an allowed density, in this case, floor area ratio, of up to 0.40.

To accommodate the proposed project, a General Plan Amendment is proposed. The General Plan Amendment would establish a new land use type, Tourist Commercial. It would be defined as noted below:

Tourist Commercial provides for commercial retail and service uses oriented toward tourists and other visitors to the community. The designation includes hotels, motels and related facilities, and visitor-serving businesses. Project development shall have a Floor-Area Ratio maximum of 1.00.

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Packet Pg. 348 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) In addition, the amendment would make conforming changes to the Development Potential table contained in the General Plan and add a new Community Development Program and Economic Strategy Goal, all contained in Exhibit A of Attachment 1.

Adoption of this amendment would allow the proposed project to be better consistent with the General Plan and would better define the land use classification when hotel projects that have higher floor area ratio’s (FAR) are proposed. The land use classification will better identify areas where the City desires to accommodate visitor centric uses. The land use classification would allow commercial uses that provide benefits to the City in terms of the potential revenue that could be generated from visitors of these use types. Further detail of the projects consistency with various General Plan Goals, Policies and Programs is contained in Attachment 1.

B. Conformance with the Zoning Ordinance
The project site is currently zoned RB-Retail Business, which allows a hotel as a permitted use.

The applicant is proposing to rezone the project site to a PUD to provide site specific development standards for the project. A summary of the projects consistency with the current RB-Retail Business zoning district and the proposed development standards contained in the PUD Concept Plan, are provided later in this staff report.

C. Proposed Operations
As with any other hotel, it would operate 24 hours a day, seven days a week. The hotel would have special hours of operations related to the outdoor pool, which would be open 10:00AM to 10:00PM on a daily basis. The project includes a solid six foot tall wall around the outdoor pool area. This, in combination with the perimeter solid wall around the larger project site, will minimize noise effects to surrounding properties.

D. PUD Concept Plan
The proposed PUD “Concept Plan” addresses the following:

1. Land use schedule defining land use categories.

2. Development regulations.

3. Design guidelines/criteria, including landscaping.

4. General Plan consistency.

The project site is currently zoned RB (Retail Business). A hotel use is a permitted use for the existing zoning district. The applicant is proposing to rezone the site to a PUD to facilitate the project. The PUD proposes various modifications to site development standards related to setbacks, number of stories, building height, floor area ratio, site landscaping, and parking development provisions.

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Packet Pg. 349 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) Attachment 13 contains a table that provides development standards of the current RB-Retail Business zoning district and the proposed standards through the PUD Concept Plan.

PUD Special Findings for Size
The proposed project site is approximately 2.5 acres in size. Establishment of a Planned Unit Development District (PUD) is required to be on a minimum site of four acres. The City may approve a PUD on a site with no less than two acres; however, a finding that special site characteristics exists is required. To address the finding, the special site characteristics that exists for this site are as follows:
 The site is located at the southern end of the City and is primarily surrounded on two sides by the City of Walnut Creek and major thoroughfares on the other two. Thus, the site is constrained that minimizes the opportunity to be larger than the proposed size.
 The nature of the city limits and the adjacent roadways results in a project site that is relatively shallow and long. Thus, allowing development standard deviations would result in an improved project that can better be considerate to adjacent uses.

Additional findings for the proposed PUD and rezoning can be found in Attachment 3.

Fencing/Walls
The project proposes various fencing and walls as summarized below:
 The applicant proposes to construct a five foot tall concrete masonry unit (CMU) wall on the southern boundary. Based on direction from the ARC, the wall has been extended to be approximately 15 feet back of the property line (until that point, it could be no taller than three feet). Thus, the Concept Plan is proposed to be amended to allow this extension as it would normally be required to be five feet tall outside of the 25 foot front yard setback.
 The applicant proposes to add a one foot (height) extension, where appropriate, and to construct a new seven foot tall CMU wall (where no wall currently exists) on the western property boundary to provide additional privacy and separation to properties to the west.  The project proposes to have a six foot tall masonry wall surrounding the outdoor pool area.

One of the comments letters, in response to the Draft EIR, noted concerns about not having a barrier (solid wall) to separate the uses to the south from construction activity. While the project proposes a five foot tall wall, the timing of construction is not noted, thus, the ARC recommended a condition that the property line wall on the southern edge of the site to be designed and completed prior to grading and building foundation completion. This would help to reduce noise and visual impacts as the majority of construction continues at the site.

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Packet Pg. 350 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) Parking
As noted in the Development Regulations table in Attachment 13, the project proposes 132 parking spaces for the proposed project (the project originally had 133 spaces, but due to comments from the Architectural Review Commission, the site was reduced to one less parking space to allow increased landscaping and improved circulation).

In addition, the site is located within a priority development area (PDA). As noted in the zoning ordinance, sites within a PDA are allowed to have a 15% reduction in required parking. This reduction is allowed primarily since PDA’s are within proximity to transit services, in this case, the Pleasant Hill BART Station. This, in combination with shuttle services proposed by the applicant, is expected to satisfy parking demand. The traffic impact assessment report reviewed parking and noted that parking was sufficient for the site. The report also recommends the following:
 Monitor project parking demand between 6 months and 1 year of occupancy. The parking monitoring shall include parking demand observations on a weekday and a weekend, establish the level of Transportation Network Companies (TNC, ex. Uber and Lyft) activity, and use of the proposed shuttle. This monitoring shall take into consideration the occupancy levels at the time of data collection and project parking demands with full occupancy.
 Should potential parking shortfalls be identified with full occupancy, implement additional parking demand management strategies, that could include:
o Valet Parking
o Employee Transit Passes
o Increased shuttle hours
o TNC Subsidies
The proposed concept plan notes a request to allow a parking ratio of 0.83 per room, however, staff recommends that this number be modified to 0.85 per room. A summary of other parking development provisions is provided below:

Parking Development Provisions
• Electric Vehicle Facilities - Seven electric vehicle (EV) parking spaces are proposed; however, it is not clear if all seven spaces would have the necessary electric charging equipment. Thus, staff recommends that all seven EV spaces be required to have the necessary electric charging equipment.
• Parking Lot Lighting - The project plans include new, updated, outdoor lighting for the parking lot. The existing parking lot lighting on the site does not comply with current lighting standards that limit off-site light spillage. Thus, the new parking lot lighting, in compliance with current City ordinance provisions would result in less off-site light spillage and would better protect the night sky. In responding to comments from the ARC on site plan design, the project included moving parking lot light fixtures. With the

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Packet Pg. 351 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) movement of parking lot lighting, dark areas within the parking lot were created. Thus, staff recommends that parking lot lighting be revised to ensure no dark areas in the parking lot for safety and security purposes and that compliance with the zoning ordinance is completed.
• Other Provisions – As noted in the proposed PUD standards, other provisions related to parking space dimensions, landscape widths, landscape entrance median, etc. are not in compliance with standard parking provisions. To provide adequate parking, maximize space within the site and result in a high-quality development, these adjustments to standards are proposed as part of the PUD.

Compensating Benefits
When considering a General Plan Amendment one of the findings is that the amendment is deemed to be in the public interest. In addition, approval of a PUD is justified in part due to compensating benefits of the PUD plan. The proposed project includes the following to satisfy both provisions:

Public Art - The City General Plan includes a Program (Community Development Program

8.2) and the City Wide Design Guidelines recommends the installation of public artwork for large/major projects. As proposed, no art is included. Consequently, staff recommends requiring submittal of a public art plan for ARC review and approval prior to building permit issuance. The Architectural Commission supported the installation of artwork as part of the project conditions of approval.

Public Infrastructure Improvements – The project will include making landscape related improvements (including new lighting for City Identification Signs) within the median of North Main Street and the applicant will be extending the sidewalk along Oak Park Boulevard beyond their frontage, in a western direction towards Pleasant Valley Drive.

Undergrounding of Utility Poles – The project will improve the appearance of a portion of North Main Street by undergrounding existing overhead utility poles.

Improved Utilization of the Property – The project will improve an existing underutilized property, a portion which is vacant, and improve the landscaping at the site and include a new hotel that will provide additional lodging options to visitors of the City and providing improved City revenues to be used throughout the City, to the benefits of the residents of Pleasant Hill.

Monetary Contribution – The applicant is making a $50,000 dollar contribution to the City to be used for either the City of Pleasant Hill affordable housing programs or for a potential future pedestrian bridge near the future City library.

E. Engineering Comments

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Packet Pg. 352 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) The Engineering Division has provided conditions of approval related to the project. Many of the conditions are related to public right-of-way improvements that are located within frontage areas of the project site. This includes provisions related to undergrounding existing above-ground utility lines. The applicant is willing to underground all of the poles except for the pole at the northeast corner of the property (closest to the Oak Park Boulevard overpass).

The applicant is concerned that the difficulty to relocate/underground this pole and resulting costs would be prohibitive to complete, thus, is requesting that this pole not be relocated/undergrounded. The Architectural Review Commission did not recommend removal of the pole at the northeast corner of the property; however, the Planning Commission recommended that the same pole be removed from the site, and at a minimum be place on the northern side of Oak Park Boulevard, before the overpass. Thus, staff is requesting direction from the City Council.

A summary of the engineering related conditions of approval include the following (Engineering Conditions of Approval):
 Extension of a current ADA and City-compliant sidewalk extending east to Pleasant View Drive.
 Two street lights along Oak Park Boulevard, westerly past the property frontage.  New landscaping to be planted within the median of North Main Street.

CEQA
Pursuant to the California Environmental Quality Act (CEQA), the City of Pleasant Hill intends to issue an Environmental Impact Report (EIR, SCH#2019049104) for this project. The Draft Environmental Impact Report (DEIR) prepared for this project (Attachment I-2) was available for public review from April 17, 2019 through May 31, 2019 at the Planning Division and on the City of Pleasant Hill webpage at www.pleasanthillca.org. The Draft EIR has identified potential project issues requiring mitigation in the following areas: Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise. After mitigation measures are incorporated, the project would not have any significant unavoidable impacts, nor impacts which would be cumulatively considerable.

The Final EIR and associated Mitigation Measure Monitoring and Reporting Program (MMRP) were also prepared for the project. Multiple public comments/responses were received and included in the Final EIR. The proposed Final EIR is included as Attachment 6 & 7.

Summary of Environmental Impact Report
The EIR concludes that no significant unavoidable environmental impacts would result from the project. While the EIR identified various potentially significant environmental effects, these were all reduced to a less than significant level with incorporation of mitigation measures:

Air Quality Impacts

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Packet Pg. 353 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) The EIR identifies standard mitigation for air quality impacts during construction activities.

Biological Impacts
The EIR requires preconstruction breeding bird surveys prior to ground disturbance or tree removal during the nesting season. In addition, tree removal and replacement plans are required and submitted as part of the current submittal application.

Cultural Resource Impacts
The EIR identifies standard mitigation measures for cultural resource protection (i.e. monitoring, discovery procedures, reporting, etc.).

Geology
The EIR notes that the project will be required to meet standard storm water and run-off mitigation requirements (i.e. obtain applicable permits from the State Water Resources Control Board, incorporate best management practices, prepare a Storm water Pollution Prevention Program (SWPPP) and submit a Storm water Management Program (SWMP) to ensure proper treatment of storm water during construction activities.

Hazardous Materials
The project is expected to comply with State and Local provisions related to asbestos, lead-based paint and mold if any is found on the site prior to any demolition of existing structures.

Noise Impacts
To ensure the project would not generate noise levels in excess of standards established by the City, particularly during construction activities, standard mitigation measures are proposed i.e. specific standards for operating equipment, locate noise generating uses as far away from sensitive receptors as possible, minimize idling equipment, limit noise producing construction activities during the week. In addition, roof top equipment is required to be screened to be an effective noise barrier.

The EIR also includes an alternatives analysis including evaluation of the following project alternatives: no project/no build; reduced height hotel and retail development option. The retail development option and the proposed hotel project (not reduced height hotel) are tied as the most environmentally superior options. The EIR also notes that the retail development option, would generally have increased impacts compared to the proposed project.

Since all of the impacts of the proposed project can be reduced to a less than significant level and no significant unavoidable impacts remain, findings rejecting alternatives are not required. The proposed CEQA findings are included in a separate resolution as Attachment 2.

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Packet Pg. 354 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) Public Comments Associated with CEQA Document (EIR)
The City received multiple comment letters on the prepared Draft and Final Environmental Impact report (EIR). The comments and responses to these comments are provided in the Final EIR (Attachment 7).

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, in the City Clerk’s office, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page and are available in the City Clerk’s office. In addition, a notice of the public hearings and a Notice of Availability of the DEIR, was mailed to each residence and/or owner of properties within 500 feet (+/-) of the project site. Notices were also sent to all applicable/required public and private agencies. In addition, notice for the public hearing was posted at the site, posted on the City’s Changeable Message Board at City Hall and additional notice was published in the Contra Costa Times Newspaper on August 26, 2019.

RECOMMENDED CITY COUNCIL ACTION
Conduct the public hearing and introduce the proposed ordinance, adopt the proposed resolution certifying the project EIR as adequate and complete and adopt the proposed resolution approving the project subject to the recommended findings and conditions.

ALTERNATIVES TO RECOMMENDED ACTION

1. Introduce the proposed ordinance and/or adopt proposed resolution with modifications.

2. Provide further direction to staff pertaining to the proposed ordinance and/or proposed resolution and continue consideration to a subsequent City Council Meeting.

3. Do not introduce the proposed ordinance and/or adopt the proposed resolution.

ATTACHMENT(S):
1 – Proposed Resolution – Project
Exhibit A – General Plan Amendment & Map
Exhibit B – Proposed Conditions of Approval
2 – Proposed Resolution – CEQA
3 – Proposed Draft PUD Ordinance
Exhibit A-1 – PUC Concept Plan and Exhibit A-2 Rezoning Map

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Packet Pg. 355 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment) 4 – Project Plans
5 – Applicant Information, including Photo Simulations
6 – Draft Environmental Impact Report (DEIR)
Exhibit A – Appendices
7 – Final Environmental Impact Report (FEIR) & Mitigation Monitoring Reporting Program 8 – July 18, 2019 Architectural Review Staff Report (no attachments) 9 – August 1, 2019 Architectural Review Staff Report (no attachments) 10 – Architectural Review Commission Resolution No. 2-19 11 – August 13, 2019 Planning Commission Staff Report (no attachments) 12 – Planning Commission Resolution No. 11-19 and No. 12-19 13 – Proposed Development Standards Table Comparison
14 - Development Plan Analysis
15 - Public Hearing Notice
16 – Location Map
17 - Public Comments (excluding those on the Environmental Impact Report) Prepared by: Troy Fujimoto, Acting City Planner
Approved by: June Catalano, City Manager

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Packet Pg. 356 Attachment: D - September 16, 2019 City Council Staff Report (Cambria Hotel Project Amendment)

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Attachment: E - Project Plans (Cambria Hotel Project Amendment) OFFICE KITCHEN GYM BREAKFAST STORAGE MEETING ROOM PRE-FUNCTION ELECT/DATA WOMEN MEN SERVICE MECHANICAL LAUNDRY EMPLOYEES ELECT ENG. OFFICE G.R. G.R. G.R. G.R. G.R. G.R. G.R. G.R.

UP STAIRS
UP STAIRS MEETING ROOM MEETING ROOM BAR F. R. ROOM LOUNGE CHECK IN LUGGAGE MEETING ROOM GUEST LAUNDRY JAN. STORAGE COLD STORAGE POOL EQUIP. LOCKERS G.R. G.R. CAMBRIA HOTEL NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 1 COVER SHEET CAMBRIA HOTEL PLEASANT HILL, CALIFORNIA SITE PLAN WDID# _______________________

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Attachment: E - Project Plans (Cambria Hotel Project Amendment) NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 NOTES 2 ’ ·· ···· · · · · ·· · · ····· 8.1.e Packet Pg. 370
Attachment: E - Project Plans (Cambria Hotel Project Amendment) OFFICE KITCHEN GYM BREAKFAST STORAGE MEETING ROOM PRE-FUNCTION ELECT/DATA WOMEN MEN SERVICE MECHANICAL LAUNDRY EMPLOYEES ELECT ENG. OFFICE G.R. G.R. G.R. G.R. G.R. G.R. G.R. G.R.

UP STAIRS
UP STAIRS MEETING ROOM MEETING ROOM BAR F. R. ROOM LOUNGE CHECK IN LUGGAGE MEETING ROOM GUEST LAUNDRY JAN. STORAGE COLD STORAGE POOL EQUIP. LOCKERS G.R. G.R. CAMBRIA HOTEL NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 5 HORIZONTAL CONTROL PLAN 8.1.e Packet Pg. 373
Attachment: E - Project Plans (Cambria Hotel Project Amendment) KITCHEN BREAKFAST STORAGE LAUNDRY G.R. G.R. G.R. G.R.

UP STAIRS LOUNGE GUEST LAUNDRY JAN. STORAGE COLD STORAGE G.R. NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 GRADING PLAN 6 8.1.e Packet Pg. 374
Attachment: E - Project Plans (Cambria Hotel Project Amendment) OFFICE KITCHEN GYM BREAKFAST STORAGE ELECT/DATA WOMEN MEN SERVICE MECHANICAL LAUNDRY EMPLOYEES ELECT ENG. OFFICE G.R. G.R. G.R. G.R. G.R. G.R. G.R. G.R.

UP STAIRS F. R. ROOM LOUNGE CHECK IN LUGGAGE GUEST LAUNDRY JAN. STORAGE COLD STORAGE LOCKERS G.R. G.R. NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 GRADING PLAN 7 8.1.e Packet Pg. 375
Attachment: E - Project Plans (Cambria Hotel Project Amendment)

OFFICE MEETING ROOM PRE-FUNCTION
UP STAIRS MEETING ROOM MEETING ROOM BAR LOUNGE CHECK IN LUGGAGE MEETING ROOM POOL EQUIP. NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 GRADING PLAN 8 8.1.e Packet Pg. 376
Attachment: E - Project Plans (Cambria Hotel Project Amendment)

PRE-FUNCTION
UP STAIRS MEETING ROOM MEETING ROOM BAR LOUNGE POOL EQUIP. NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 GRADING PLAN 9 8.1.e Packet Pg. 377
Attachment: E - Project Plans (Cambria Hotel Project Amendment) OFFICE KITCHEN GYM BREAKFAST STORAGE MEETING ROOM PRE-FUNCTION ELECT/DATA WOMEN MEN SERVICE MECHANICAL LAUNDRY EMPLOYEES ELECT ENG. OFFICE G.R. G.R. G.R. G.R. G.R. G.R. G.R. G.R.

UP STAIRS
UP STAIRS MEETING ROOM MEETING ROOM BAR F. R. ROOM LOUNGE CHECK IN LUGGAGE MEETING ROOM GUEST LAUNDRY JAN. STORAGE COLD STORAGE POOL EQUIP. LOCKERS G.R. G.R. NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 C.3 TREATMENT PLAN 11 ABBREVIATIONS: LEGEND 8.1.e Packet Pg. 379
Attachment: E - Project Plans (Cambria Hotel Project Amendment) NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 C.3 TREATMENT REPORT & DETAILS 12 ’ FLOW-THROUGH PLANTER REM TOP HAT TRASH FILTER C3 BIO-RETENTION BASINS 8.1.e Packet Pg. 380
Attachment: E - Project Plans (Cambria Hotel Project Amendment) NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 TYPICAL SECTIONS 13 8.1.e Packet Pg. 381
Attachment: E - Project Plans (Cambria Hotel Project Amendment) NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 CONSTRUCTION DETAILS 14 UTILITY TRENCH BACKFILL DETAIL 6" SPILL CURB w/ GUTTER STANDARD 6" CURB & GUTTER CURB OPENING ACO DRAIN DETAIL (S100K)ADA RAMP GROOVING DETAIL RAISED TRUNCATED DOME DETAILS RAMP DETAIL AT DRIVEWAY ENTRY CURB THROUGH DRAIN DEEPENED WALL ADJACENT TO BIO-RETENTION BASIN DEEPENED CURB AT C3 BIO-RETENTION BASINS 8.1.e Packet Pg. 382
Attachment: E - Project Plans (Cambria Hotel Project Amendment) NO. REVISIONS BY CITY OF PLEASANT HILL A.P.N. 170-092-050 APP DATE SITE PLAN R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-19 MICHAEL E. MILANI DESIGN: KRA/RK DRAWN: KRA/RK CHECKED: KRA/MEM DESIGNED UNDER THE DIRECTION OF: CALIFORNIA DATE JOB NO: SCALE: DATE: OF SHEETS 15 SHEET CONTRA COSTA COUNTY 3131 N. MAIN STREET AS SHOWN AUG 2019 1200 CAMBRIA HOTELA.P.N. 170-092-054 & -055 A.P.N. 170-092-057 THRU -059 CITY CONSTRUCTION DETAILS 15 8.1.e Packet Pg. 383
Attachment: E - Project Plans (Cambria Hotel Project Amendment)

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CITY OF PLEASANT HILL

NOTICE OF

PUBLIC HEARING

CITY COUNCIL
CAMBRIA HOTEL PROJECT – AMENDMENT TO DEVELOPMENT PLAN &

ARCHITECTURAL REVIEW PERMIT
(PLN 18-0198)
3131 & 3195 NORTH MAIN STREET & 1531 OAK PARK BOULEVARD NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will conduct a public hearing to consider an amendment to the previously approved Development Plan & Architectural Review Permits (PLN 18-0198) that was approved by the City Council, for a proposed Cambria Hotel and associated site improvements, (applicant:

Stratus Development Partners), which included a General Plan Amendment, Planned Unit Development (Rezoning) Concept Plan, Development Plan Permit, Architectural Review Permit, including adjustments to development standards and certification of an Environmental Impact Report. The site, located at 3131 & 3195 North Main Street and 1531 Oak Park Boulevard (Assessor Parcel Numbers 170-092-050, 054, 055, 057, 058, 059) and project is for a proposed three and four-story 155-room hotel (approximate 49 foot tall building with architectural features up to 59 feet tall) and associated parking, landscaping, and amenities on an approximately 2.5-acre site. The amendment would not include any changes to the proposed project, except a request to modify a proposed public benefit of the project for undergrounding of off-site utilities along North Main Street and modify the contribution to artwork, with an in-lieu public benefit financial contribution to the City.

Pursuant to State CEQA Guidelines Section 15080, a Draft Environmental Impact Report was prepared for the project by the lead agency (City of Pleasant Hill), and circulated for public review between April 17, 2019 and May 31, 2019.

The certified Final Environmental Impact Report and other related project information is available for review at the Planning Division counter, City of Pleasant Hill, City Hall (100 Gregory Lane) and may also be viewed on the City’s website at www.pleasanthillca.org.

THE PUBLIC HEARING will be held by the City Council starting at 7:00 p.m. on Monday, August 1, 2022. Please check the City’s website or posted agenda for information regarding whether the hearing will be held virtually and/or at City Hall at 100 Gregory Lane, Pleasant Hill, CA. More information on how to participate, including providing live comments during the meeting, will be provided on the posted City Council meeting agenda..

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing. For information, call Troy Fujimoto, at 925-671-5224 or [email protected].

Troy Fujimoto
Zoning Administrator

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Packet Pg. 389 Attachment: F - Public Notice (Cambria Hotel Project Amendment)

CITY COUNCIL STAFF REPORT
Meeting Date: August 01, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING A FIRST

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

DESIGN SERVICES WITH RUGGERI-JENSEN-AZAR FOR THE
DIABLO VISTA WATER SYSTEM 12” MAIN REPLACEMENT PHASE

II PROJECT

SYNOPSIS
Authorizing the City Manager to execute a first amendment to the Professional Services Agreement with Ruggeri-Jensen-Azar (RJA) to complete the project design for the Diablo Vista Water System (DVWS) 12” Main Replacement, Phase II Project.

DISCUSSION
Background
The City of Pleasant Hill (City) operates a non-potable water system, the Diablo Vista Water System (DVWS), which supplies irrigation water to approximately 475 homes within the City.

Water is supplied to the DVWS by the Diablo Vista Pump Station (DVPS), which draws water from an untreated canal operated by Contra Costa Water District (CCWD). The existing 12" water main has begun to leak and fail, and replacement of the piping is needed to continue to provide reliable service to the water system.

On February 7, 2017, the City Council authorized the City Manager to execute a Professional Services Agreement with RJA in the amount of $197,521 for professional design services for the 2017 Storm Drain Facility and Water Line Improvement Projects, a portion of which included the design for the DVWS 12” Water Main Replacement Project. Due to budget concerns; needed Contra Costa Water District and East Bay Regional Park permits; as well as the acquisition of a necessary easement through private property, the project was broken into two phases. Phase I, completed in 2018, replaced approximately 1,200 linear feet of 12" pipe in the public right-of-way along Stevenson Drive, Marvin Drive and Oakvue Road. Phase II, currently under design, will remove and replace approximately 700 linear feet of 12" water main from the DVPS (located on the Contra Costa Canal) to Stevenson Drive, and from Oakvue Road to Roberta Drive (through private property) including all valves, laterals and necessary appurtenances. Staff has obtained the necessary easements from the affected property owners at 83 Roberta Drive, however physical constraints located in the easement area will require a design change to complete the pipe

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installation. The DVWS Advisory Committee approved the additional design costs at their June 2022 meeting, and the project was also approved as part of the FY2022/2027 Capital Improvement Program.

Analysis
The original Phase II design called for the “open cut” method of removing and replacing the existing 12” water main. Staff inspections of the new pipeline alignment revealed several physical construction constraints along the easements through the private properties located on 310 Oakvue Road and 83 Roberta Drive, making the “open cut” method not viable. Staff has determined that a “pipe burst” method of constructing the new water main will be more cost effective and still provide a quality result for the system. This design change, along with the increase in overall costs since the project design began in 2017 has resulted in an increase in costs to complete the Phase II design.

Staff has reviewed RJA’s additional cost proposal in the amount of $76,400 for final design services for the DVWS 12” Main Replacement, Phase II project. Given the amount of additional work needed to revise and complete the design, and the increase in overall costs since the project began, staff believes RJA’s proposal is reasonable and will fully satisfy the City’s needs.

FISCAL IMPACT
RJA’s additional proposal in the amount of $76,400 for the final design services will be funded with Fund 82 monies. The Finance Department has confirmed that these funds are available.

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 resolution.

ALTERNATIVES TO RECOMMENDED ACTION
None Recommended
ATTACHMENT(S):

Proposed Resolution
First Amendment to Agreement
Exhibit A – Cost Proposal Detail
Professional Services Agreement
Prepared by: Ann James, Maintenance Superintendent

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Approved by: June Catalano, City Manager

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RESOLUTION NO. ___-22

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

AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL

CONSTRUCTION MANAGEMENT SERVICES WITH RUGGERI-JENSEN-AZAR (RJA)

WHEREAS, the City has adopted the FY 2022-2027 Capital Improvement Plan which includes the Diablo Vista Water System 12” Main Replacement Phase II (“Project”) as a desired and funded project; and
WHEREAS, the Project provided for the installation of a new 12" water main from the Diablo Vista Pump Station located on the Contra Costa Canal to Stevenson Drive, and from Oakvue Road to Roberta Drive including all valves, laterals and necessary appurtenances; and WHEREAS, the City and RJA (“Consultant”) entered into an Agreement for Professional Services (“Agreement”) for professional design services on February 7, 2017; and WHEREAS, Consultant has submitted a cost proposal to provide additional professional design services for the Project that are needed to complete the Project as requested by the City beyond the original Agreement scope; and
WHEREAS, City and Consultant wish to amend the Agreement to compensate and complete the additional construction management services for the Project.

NOW, THEREFORE, by the City Council of the City of Pleasant Hill that the City Manager is authorized to execute the First Amendment to Agreement for Professional Services with RJA in the form attached hereto.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 1
st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Exhibit A-Cost Proposal Detail (RJA First Amendment to the Agreement)

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Attachment: Exhibit A-Cost Proposal Detail (RJA First Amendment to the Agreement)

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CITY COUNCIL STAFF REPORT
Meeting Date: August 01, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE

AGREEMENT WITH SWINERTON MANAGEMENT AND

CONSULTING FOR PROJECT, CONSTRUCTION, AND PROJECT
MANAGEMENT SERVICES AND RESOLUTION NO. ___-22

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH

AMENDMENT TO THE AGREEMENT WITH BOHLIN CYWINSKI

JACKSON FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE

NEW LIBRARY

SYNOPSIS
The City entered into a professional services agreement with Swinerton Management and Consulting (“Swinerton”) in November 2017 for Project and Construction Management Services related to the new Pleasant Hill Library (“Library”). The City executed a professional services agreement with Bohlin Cywinski Jackson (BCJ) for Design and Construction Administration of the Library effective October 2017. The City would like to amend Swinerton’s Agreement with this Fourth Amendment to add scope and budget and authorize Swinerton to provide Tesla solar (photovoltaic) system management, technology/low voltage equipment management, services related to extended construction duration, and additional testing and inspection services for the new library project. The City would like to amend BCJ’s Agreement with this Fifth Amendment to increase scope and budget and authorize BCJ to provide additional construction phase structural engineering services, services related to extended construction duration, design revisions, additional FF&E services, and switchgear redesign for the new library project.

DISCUSSION
Background
The City entered into a professional services agreement with Swinerton Management and Consulting (Swinerton) in November 2017 for Project and Construction Management Services related to the Library. The City executed Amendment No. 1 (effective December 2019) for Program Management work to ensure that the entire program (library, infrastructure improvements, park, and residential project) was well-coordinated and executed with consistency and efficiency; Amendment No. 2 (effective October 2020) was approved to engage a Special Inspection and Testing Agency to provide material testing of major building components

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(reinforced concrete, structural and miscellaneous steel welding, soil compaction testing); and Amendment No. 3 (effective February 2021) was approved to engage a Commissioning Agent to manage testing, training, and commissioning of building systems.

The City executed a professional services agreement with Bohlin Cywinski Jackson (BCJ) for design and construction administration of the Library effective October 2017. The City executed Amendment No. 1 (effective August 2018) to reorganize the budget; Amendment No. 2 (effective January 2019) to include an allowance for design services for the Recreation and Park District portion of the shared parking lot and landscaping design services related to infrastructure improvements on Oak Park Boulevard and Monticello Avenue; and Amendment No. 3 (effective October 2019) for construction documents and construction administration for the Recreation and Park District portion of the shared parking lot, creation of a stormwater pollution prevention plan (SWPPP), and additional bio-swale design; and Amendment No. 4 (effective October 2020) to authorize BCJ to provide expanded design services related to furniture, fixtures, and equipment (FF&E), donor wall and donor graphics, sculptural log objects, and irrigation design for the new library project.

Analysis
During the course of construction of the new library, significant issues related to Covid-19 and supply chain disruption created impacts to design specifications, component fabrication, and work in the field. Both Swinerton and BCJ worked diligently to mitigate these disruptions, including extensive construction re-sequencing, and changes to product specifications to materials and products that would be available. In addition, the City has added scope to the project, which has required additional work by Swinerton and BCJ, but which has been added at no increase to the approved project budget.

Swinerton Management and Consulting
Extended Construction Duration:

There were significant impacts to the project during construction beyond control of the contractor, totaling 498 days of individual time impacts. Through the significant hard work, Swinerton successfully reduced the time impacts to 119 days. The City, supported by Swinerton, further negotiated and reduced the Contractor’s cost of the time extension by 20 percent. The total of 119 days resulted in an extended construction duration of four months, requiring Swinerton to be on site full-time four months longer than the construction duration in its Agreement. Swinerton has agreed to reduce its four-month contract extension time and overhead cost by 30 percent.

Tesla Solar (Photovoltaic) System:

The bid documents for the Pleasant Hill Library included a project with infrastructure for a future Photovoltaic (Solar) System, but not the system itself. The City added the Tesla solar panel system to the project following start of construction. Swinerton’s contract scope of work does not include the substantial effort to manage the Tesla system on the City’s behalf.

Swinerton has spent a significant amount of time coordinating with the City, Tesla, and the design and construction team to accommodate adding the system to the project.

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Technology/Low Voltage Equipment:

The original intent was for the City to procure an outside vendor to specify and purchase technology/low voltage systems (data, telecom, audio-visual, security, fire alarm monitoring, etc.) and install it independently from the construction contract and management of the construction work. The City was not able to procure a vendor for this work, and in early 2021 requested that Swinerton work with the City, County Library, and Contractor to specify, manage, procure, and install the low voltage equipment.

Additional Testing and Inspection Services:

Amendment No. 2 to Swinerton’s contract included $163,667 for Testing and Inspection Services for Consolidated Engineering Labs (CEL), plus a Contingency of $41,000 for additional unforeseen testing and inspection services by CEL. During the project, the City elected to utilize $38,500 of this contingency to procure additional Geotechnical Engineering services required for the project through CEL. CEL did an excellent job of minimizing additional unforeseen testing and inspection services, going above the original $163,667 by only $12,483. However, with only $2,500 remaining in the contingency, there is a shortfall of $9,983, which must be added to CEL’s contract to complete its scope for testing and inspection services.

Bohlin Cywinski Jackson
Additional Construction Phase Structural Engineering:

BCJ coordinated several issues with consulting structural engineers Rutherford + Chekene to provide additional services during the construction phase. Structural input was provided to aid the General Contractor in re-sequencing, and to respond to field installations and conflicts, and engineering for Furniture, Fixtures and Equipment. New work was needed to provide structural design for the new fence in the service yard. This included layout coordination, footing design, and steel details.

Extended Construction Duration:

There were significant impacts to the project during construction beyond control of the contractor, totaling 498 days of individual time impacts. Through significant effort, the project team, successfully reduced time impacts to 119 days. The total of 119 days resulted in an extended construction duration of four months, requiring BCJ to extend its services longer than the construction duration in its Agreement. Due to the efficiency of doing its contract scope of work over a longer period of time, BCJ reduced its monthly fee for this four-month extension by 27 percent.

Design Revisions:

There were a number of design revisions:
 Coordination of Tesla rooftop solar PV array, including Tesla’s re-design of its system, and subsequent addition of roof conduits, and coordination with the building design and field conditions
 Bird First Glass review and resolution
 Card Reader substitution
 Carpet out of sequence coordination and research
 Parking lot light pole revised footing design and coordination

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 Coordination of moisture barrier omission with City and Geotechnical Engineer  Newly defined riparian zone
Furniture, Fixtures, and Equipment (FF&E):

The following revisions related to FF&E were required:
 Due to COVID-19 restrictions, two additional presentations were done in addition to the showroom tours listed in the original proposal.
 An additional meeting was provided to gather all furniture finishes and fabrics for review by the Steering Committee. This was scheduled at City Hall to minimize the risk of exposure due to the COVID-19 pandemic.
 A new custom print station was needed in the Community Tech Zone. The printer and scanner were moved to the Tech Zone, and the request was made to design a custom table to match the Tech Carrels.
 BCJ solicited pricing from multiple vendors for Custom Millwork and revised the scope through many rounds of pricing to bring final costs into alignment with budget. BCJ also split-out the packages to fast-track final invoices to be used by the Friends of the Library for the Lesher Grant.
 Due to supply chain issues and the project’s schedule goals, BCJ performed additional work in the process, strategy, and implementation of FF&E.

Switchgear Redesign:

BCJ’s Electrical Engineer, Integral Group redesigned the main switchgear to accommodate the installed PG&E feeders. Work included reviewing drawings and equipment submittals to determine a solution, reviewing possible solutions with the equipment manufacturer, and determining what work could be done in the field while maintaining UL listings.

Summary:

Swinerton has very effectively served the City as the Project and Construction Manager for the new Library, and as a consulting Program Manager for the overall Oak Park Project, including coordination with Contra Costa County and the Pleasant Hill Recreation and Park District on behalf of the City. BCJ has effectively served the City as its Architect for design and construction administration of the new Library. After the project was initially bid, the Contractor submitting the lowest bid included an error in its bid documents. The City Attorney determined that the error required the City to re-bid the project. The second, re-bid process required significant effort, which Swinerton and BCJ performed at no additional cost to the City. The re-bid resulted in a bid that was $800,000 less than the previous low bid, resulting in significant savings to the City.

Swinerton has submitted a proposal to the City to amend its Agreement to perform the additional Project and Construction Management Services sought by the City. City staff have determined that engaging Swinerton for this work is the most efficient and cost-effective means to meet the City’s need for these services.

BCJ has submitted a proposal to the City to amend its Agreement to perform the additional Design and Construction Administration Services sought by the City. City staff have determined that engaging BCJ for this work is the most efficient and cost-effective manner to meet the City’s need for these services.

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FISCAL IMPACT
The total budget of Swinerton’s current Amended and Restated Agreement with the City is$1,727,662. Swinerton’s additional services for $249,874 total as follows:

Tesla Solar (Photovoltaic) System Management $ 36,783
Technology/Low Voltage Equipment Management $ 29,748
Extended Construction Duration $173,360
Additional Testing and Inspection Services $ 9,983
Total $249,874
City staff believes that this is a fair cost for this fourth amendment. If approved, the new total budget for Swinerton subsequent to the fourth amendment would be $1,977,536.

The total budget of BCJ’s current Amended and Restated Agreement with the City is $3,819,849.

BCJ’s additional services for $149,485 total as follows:

Additional Construction Phase Structural Engineering $ 17,155 Extended Construction Duration $ 62,430
Design Revisions $ 31,720
Furniture, Fixtures and Equipment $ 33,000
Switchgear Redesign $ 5,180
Total $149,485
City staff believes that this is a fair cost for this fifth amendment. If approved, the new total budget for BCJ subsequent to the fifth amendment would be $3,969,334.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolutions authorizing the City Manager to execute contract amendments with Swinerton Management and Consulting, and with Bohlin Cywinski Jackson.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolutions and provide direction to staff.

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ATTACHMENT(S):
 Resolution _-22 Authorizing the City Manager to execute a Fourth Amendment to The Professional Services Agreement with Swinerton Management and Consulting  Exhibit 1 – Fourth Amendment to Agreement with Swinerton Management and Consulting for Professional Services for Project and Construction Management Services  Resolution _-22 Authorizing the City Manager to execute a Fifth Amendment to the Design Services Agreement with Bohlin Cywinski Jackson
 Exhibit 1 – Fifth Amendment to Agreement with Bohlin Cywinski Jackson for Professional Services for Design and Construction Administration
Prepared by: Ananthan Kanagasundaram, City Engineer
Reviewed by: June Catalano, City Manager
Approved by: June Catalano, City Manager

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RESOLUTION NO. ___-22

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

AUTHORIZINGTHECITYMANAGERTOEXECUTEAFOURTHAMENDMENTTO

THE PROFESSIONAL SERVICES AGREEMENT WITH SWINERTON

MANAGEMENT AND CONSULTING REGARDING THE NEW LIBRARY
WHEREAS, the City adopted the FY 2020-2025 Capital Improvement Plan (“CIP”) which included the New City Library (“Project”) (MK-4); and WHEREAS, theCity and Swinerton Management andConsulting (“Consultant”) entered into anAgreementforProfessional ServicesforProject andConstruction Managementservices of the Project in November 2017; and
WHEREAS, City and Consultant entered into a First Amendment to the Professional Services Agreement on December 16, 2019, to ensure that the entire program (library, infrastructure improvements, park, and residential project) was well-coordinated and executed with consistency and efficiency; and
WHEREAS, City and Consultant entered into a Second Amendment to the Professional Services Agreement on October 5, 2020, to engage a Special Inspection and Testing Agency to provide material testing of major building components; and WHEREAS, City and Consultant entered into a Third Amendment to the Professional Services Agreement on February 11, 2021, to engage a Commissioning Agent to manage testing, training, and commissioning of building systems; and
WHEREAS,theCitywould liketoamendtheprofessionalservicesagreementwith Swinertonto increase the scope and budget ($249,874) and authorize Swinerton to provide Tesla solar (photovoltaic) system management, technology/low voltage equipment management, services related to extended construction duration, and additional testing and inspection services for the new library project, as reflected in the proposed Amendment No. 4 attached tothis resolution asExhibit 1; and
WHEREAS, City staff believes that it would be advantageous to have Swinerton perform this work andthatthe costproposal isreasonable;
NOW,THEREFORE,BEITRESOLVED, bytheCityCounciloftheCityofPleasantHill that the CityManager is authorized to execute an Amendment No. 4 to the professional services agreement with Swinerton in substantially similarform tothat attached asExhibit l.

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Packet Pg. 424 Attachment: Proposed Resolution - Swinerton (Fourth Amendment to Agreement with Swinerton and Fifth Amendment to Agreement with BCJ) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

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Packet Pg. 425 Attachment: Proposed Resolution - Swinerton (Fourth Amendment to Agreement with Swinerton and Fifth Amendment to Agreement with BCJ)

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FOURTH AMENDMENT TO AMENDED AND RESTATED

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PLEASANT HILL

AND SWINERTON MANAGEMENT AND CONSULTING

1. Parties and Date.

This Fourth Amendment to the Amended and Restated Agreement for Professional Services (the “Fourth Amendment”) is made and entered into as of August 1, 2020, by and between the City of Pleasant Hill, a municipal organization organized under the laws of the State of California with its principal place of business at 100 Gregory Lane, Pleasant Hill, CA 94523 (“City”) and Swinerton Management and Consulting with its principal place of business at 260 Townsend St. San Francisco, CA 94107 ("Consultant").

2. Recitals.

2.1 Background. The City and Consultant entered into a professional services agreement dated November 20, 2017 (“Agreement”) to obtain project and construction management services from the Consultant for design and construction of the new Pleasant Hill Library. The City and Consultant executed a First Amendment to the professional services Agreement inApril 2018 to clarify thescopeof work, whichtogetherwiththeoriginalAgreement constitutetheAmended andRestated Agreement for Professional Services (“Amended and Restated Agreement”). A First Amendment to the Amended and Restated Agreement was executed on December 16, 2019 for Program Management (library & infrastructure improvements). A Second Amendment to the Amended and Restated Professional Services Agreement was executed on October 5, 2020 to add Special Testing and Inspection services to provide material testing of major building components. A Third Amendment to the Amended and Restated Professional Services Agreement was executed on February 11, 2021 to engage a Commissioning Agent to manage testing, training, and commissioning of building systems.

2.2 Amendment Purpose. The City and Consultant desire to include additional scope to provide Tesla solar (photovoltaic) system management, technology/low voltage equipment management, services related to extended construction duration, and additional testing and inspection services for the new library project. This Fourth Amendment brings total compensation under the Amended and Restated Agreement to $1,977,536, as set forth herein.

Now, therefore, the parties agree as follows:

1. Scope ofServices Expanded. Consultant shall perform the additional scope of work described in Attachment #1.

2. Compensation Expanded. Consultant shall be compensated in an amount not to exceed $1,977,536 as shown below:

Type of Service Amount
Basic Services $950,000
Allowance for Reimbursable Expenses $30,000
Allowance for Additional Services $20,000
First Amendment to Amended and Restated Agreement
Extended Schedule Scope $57,600
Construction Management for Other Agencies $56,640

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Packet Pg. 426 Attachment: Exhibit 1 - Fourth Agreement Amendment - Swinerton Management & Consulting (Fourth Amendment to Agreement with

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Multi-site Construction Coordination $94,840
Program Management for Oak Park Properties Projects $273,426 Total Compensation following First Amendment to Amended and Restated Agreement $1,482,506
Second Amendment to the Amended and Restated Agreement
Special Inspection & Testing $163,667
City Contingency for unforeseen and added scope $41,000 Total Compensation following Second Amendment to Amended and Restated Agreement
$1,687,173
Third Amendment to the Amended and Restated Agreement
Commissioning Services $35,208
City Contingency for unforeseen and added scope $5,281
Total Compensation following Third Amendment to Amended and Restated Agreement
$1,727,662
Fourth Amendment to the Amended and Restated Agreement
Tesla Solar (Photovoltaic) System Management $36,783
Technology/Low Voltage Equipment Management $29,748
Extended Construction Duration $173,360
Additional Testing and Inspection Services $9,983
Total Compensation following Fourth Amendment to Amended and Restated Agreement
$1,977,536

3. Continuing Effect of Agreement. Except as amended by the Fourth Amendment to the Amended and Restated Agreement, all other provisions of the Amended and Restated Agreement remain in full force and effect and shall govern the actions of the Parties. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Amended and Restated Agreement as amended by this Fourth Amendment.

4. Severability. If any portion of this Fourth Amendment to the Amended and Restated Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page]

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Packet Pg. 427 Attachment: Exhibit 1 - Fourth Agreement Amendment - Swinerton Management & Consulting (Fourth Amendment to Agreement with

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SIGNATURE PAGE FOR

FOURTH AMENDMENT TO

AMENDED AND RESTATED AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN

THE CITY OF PLEASANT HILL AND

SWINERTON MANAGEMENT AND CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment to the Amended and Restated Professional Services Agreement as of the date first written above.

CITY OF PLEASANT HILL SWINETON MANAGEMENT & CONSULTING
By: By:

June Catalano
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

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Packet Pg. 428 Attachment: Exhibit 1 - Fourth Agreement Amendment - Swinerton Management & Consulting (Fourth Amendment to Agreement with ATTACHMENT 1

LIBRARY ADDITIONAL SERVICES
Consultant together with its subconsultants will provide the following Library Additional Services:

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Packet Pg. 429 Attachment: Exhibit 1 - Fourth Agreement Amendment - Swinerton Management & Consulting (Fourth Amendment to Agreement with RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE

DESIGN SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON REGARDING

THE NEW LIBRARY
WHEREAS, the City adopted the FY 2020-2025 Capital Improvement plan (“CIP”) which included the New City Library (“Project”) (MK-4); and WHEREAS, the City of Pleasant Hill executed a professional services agreement with Bohlin Cywinski Jackson (BCJ) for design and construction administration services for the new Pleasant Hill community library effective October 16, 2017; and WHEREAS, the City executed Amendment No. 1 to the professional services agreement effective August 1, 2018, to reduce the allowance for modeling and eliminate the allowance for surveys, and move those funds into the City Contingency for Additional Services Not Covered Under Basic Services; and
WHEREAS, the City executed Amendment No. 2 to the professional services agreement effective January 29, 2019, to increase the allowance for materials, designs, and renderings not covered under basic servicesto include an allowance for additional design servicesfor aportion of the shared parking lot on future Recreation and Park District property and landscaping design servicesonOakParkBoulevard andMonticelloAvenue; and
WHEREAS, the City executed Amendment No. 3 to the professional services agreement effective October 17, 2019, to reorganize the budget as well as authorize BCJ to perform additional work related to an extended project duration; construction documents and construction administration fortheRecreation and Park District portion ofthe shared parking lot; creation of a stormwater pollution prevention plan (SWPPP); and additional bio-swale design; and
WHEREAS,the City executed Amendment No. 4 to the professional services agreement effective September 23, 2020, to authorize BCJ to provide expanded design services related to furniture, fixtures, and equipment (FF&E), donor wall and donor graphics, sculptural log objects and irrigation design for the new library project; and
WHEREAS, theCitywould like to amend itsprofessional services agreement withBCJto increase scope and budget ($149,485) and authorize BCJ to provide additional construction phase structural engineering services, services related to extended construction duration, design revisions, additional FF&E services, and switchgear redesign for the new library project, as reflected in the proposed Amendment No. 5 attached tothisresolution asExhibit 1; and WHEREAS, the City’s project management consultants, Swinerton Management and Consulting, and City staff believe that it would be advantageous to have BCJ perform this work andthatthe costproposal isreasonable;

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Packet Pg. 430 Attachment: Proposed Resolution - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth Amendment to NOW, THEREFORE,BEITRESOLVED, bytheCityCouncil oftheCityofPleasant Hill that the City Manager is authorized to execute an Amendment No. 5to the professional services agreement withBCJin substantially similarform to that attached asExhibit l.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

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Packet Pg. 431 Attachment: Proposed Resolution - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth Amendment to

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AMENDMENT NO. 5

TO THE DESIGN SERVICES AGREEMENT

BETWEEN

THE CITY OF PLEASANT HILL
AND

BOHLIN CYWINSKI JACKSON

1. Parties and Date.

This Amendment No. 5 to the Design Services Agreement is made and entered into as of August 1, 2022, by and between the City of Pleasant Hill, a municipal organization organized under the laws of the State of California with its principal place of business at 100 Gregory Lane, Pleasant Hill, CA 94523 (“City”) and Bohlin Cywinski Jackson, an S-Corporation, with its principal place of business at 49 Geary Street, Suite 300, San Francisco, California 94108 (“Architect”). City and Architect are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Background. The City and Architect have entered into an agreement entitled “City of Pleasant Hill Design Services Agreement” dated October 16, 2017, as amended by Amendment No. 1, dated August 1, 2018, Amendment No. 2 dated January 29, 2019, Amendment No. 3 dated October 17, 2019, and Amendment No. 4 dated September 23, 2020 (collectively, the “Agreement”), for the purpose of retaining the services of the Architect to provide professional design and construction administration services for the new Pleasant Hill Library Project (“Project”).

2.2 Amendment Purpose. The City and Architect desire to amend the Agreement, increase the budget, and authorize the Architect to provide additional construction phase structural engineering services, services related to extended construction duration, design revisions, additional furniture, fixtures and equipment (“FF&E”) services, and switchgear redesign for the new library project.

2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section

3.37 of the Agreement.

3. Terms.

3.1 Amendment. In accordance with Section 3.8 of the Agreement, Architect shall perform the Library Additional Services as specified in Attachment 1, attached hereto and incorporated herein by this reference.

3.2 Fee Schedule Revised. In accordance with Section 3.10 of the Agreement, Architect shall be compensated for the Library Additional Services in the total not-to-exceed amount of One Hundred Forty-Nine Thousand Four Hundred Eighty-Five Dollars ($149,485). The fee schedule for the Agreement (Exhibit "B" to the Agreement) shall be updated as specified in Attachment 2, attached hereto and incorporated herein by this reference.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this

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Packet Pg. 432 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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Amendment No. 5.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

3.5 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]

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Packet Pg. 433 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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SIGNATURE PAGE FOR
AMENDMENT NO. 5

TO THE DESIGN SERVICES AGREEMENT

BETWEEN

THE CITY OF PLEASANT HILL
AND

BOHLIN CYWINSKI JACKSON
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 as of the date first written above.

CITY OF PLEASANT HILL BOHLIN CYWINSKI JACKSON
By: By:

June Catalano
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

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Packet Pg. 434 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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ATTACHMENT 1

LIBRARY ADDITIONAL SERVICES
Architect together with its subconsultants will provide the following Library Additional Services:

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Packet Pg. 435 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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Attachment 2
EXHIBIT “B”

FEE SCHEDULE
(Revised per Amendment No. 5)

1. FEE SCHEDULE
The not-to-exceed Total Compensation amount of the Agreement shall be $3,969,334. The compensation is composed of three elements: fees for basic services and associated expenses; an allowance for materials, designs, and renderings not covered under basic services; a City contingency for additional services not covered under basic services; and an allowance for nonlibrary additional services.

Fees for Basic Services and Associated Expenses
The fees for basic services and associated expenses shall be billed on a fixed fee basis as a percentage of completion per phase as shown below. Associated expenses include local travel, long-distance travel, and reproduction for internal use of Architect and its Consultants.

PHASE:

Consultant: Programming/
Community
Engagement
Schematic
Design
Design
Development
Construction
Documents
(for Permit
and Contract)
Bid Phase Construction
Phase
Close-out
Phase
TOTAL:

Bohlin Cywinski Jackson
Architect
$44,000 $212,000 $306,000 $420,000 $31,000 $430,000 $34,000 $1,477,000 Margaret Sullivan Studios
Program, Comm. Engagement,
Interior Des. Collaboration
$38,000 $35,000 $15,000 $4,000 $92,000
Integral Group
Mechanical / Electrical Eng.
$24,625 $117,875 $136,800 $3,925 $95,025 $15,000 $393,250 Rutherford & Chekene
Structural Engineering
$2,000 $18,000 $80,000 $136,000 $3,000 $55,000 $3,500 $297,500 Einwiller Kuehl
Landscape Architect
$14,000 $25,000 $36,000 $72,000 $9,000 $24,000 $8,000 $188,000 Sherwood Design
Civil Engineering
$6,000 $18,000 $59,000 $72,000 $3,000 $17,000 $2,000 $177,000 The Fire Consultants
Code Consulting
$4,800 $3,200 $6,000 $14,000
TBD Consultants
Cost Estimating
$3,500 $14,000 $18,200 $29,400 $65,100
Charles Salter Associates
Acoustical Engineering
$4,000 $7,500 $9,500 $1,000 $5,500 $27,500
Auerbach Glasow French
Lighting Design
$7,000 $36,000 $42,000 $3,000 $35,000 $2,000 $125,000
Expenses $16,000 $9,000 $7,000 $16,000 $1,000 $20,000 $1,600 $70,600 PHASE TOTALS: $123,500 $371,425 $685,775 $943,700 $54,925 $681,525 $66,100 $2,926,950

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Packet Pg. 436 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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Allowance for Materials, Designs, and Renderings Not Covered under Basic Services The table below illustrates the individual components of the allowance for materials, designs, and renderings not covered under basic services. The Architect must obtain written approval in advance from the City before making expenditures for allowances and requesting payment for such from the City.

Allowances Amount
#1: Modeling (physical & daylight) $15,000
#2: FF&E Design Services $25,000
#3: Renderings (photo-realistic, x3) $30,000
#4: Signage & Graphics (beyond code required) $50,000
Irrigation Design $20,000
Total of Allowances $140,000
City Contingency for Additional Services Not Covered Under Basic Services A City Contingency is included in the Agreement to compensate the Architect for any Additional Services (those beyond Basic Services) that it performs. The Architect must obtain written approval in advance from the City before making any expenditures on additional services and requesting payment for such from the City.

City Contingency for Add. Scope Amount
Add. Serv. #1: Additional Site Analysis $46,000
Add. Serv. #2: Add. Conceptual Design Exploration $76,000 Add. Serv. #3: Hydrology (17515AX04) $32,520
Add. Serv. #4: Sewer Realignment $8,800
Add. Serv. #5: Extended Project Duration $74,000
Add. Serv. #6: Creation of stormwater pollution prevention plan (SWPPP) $17,600 Add. Serv. #7: Additional bio swale design $27,700
Add. Serv. #8: Parking/Struct./EIR photo $45,300
Add. Serv. #9: EIR support (see above #8)
Add. Serv. #10: Additional FFE and Construction support $38,000 Total of City Contingency (Add. Serv.) $365,920

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Packet Pg. 437 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

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Allowance for Non-Library Additional Services
A separate allowance for non-library additional services is included in the agreement to compensate Architect for any Additional Services that it performs related to the Project but Allowance for Non-Library Additional Services Amount
Non-Library Add. Serv. #1: Non-Library - Rec and Park SD and DD $35,000 Non-Library Add. Serv. #2: Oak Park & Monticello Streetscape Design $40,000 Non-Library Add. Serv. #3: Non-Library - Rec and Park CD and CA $59,250 Total of Allowances for Non-Library Additional Services $134,250 FFE and Expanded Design and Construction Support Services FFE and Expanded Design and Construction Support Services Amount Design development of FFE program, procurement and quality assurance $150,788 Design, coordination and installation observation for the Donor Wall $22,115 Additional graphics and signage design for the donor naming opportunities $24,260 Design development and coordination support for the sculptural log objects $35,638 Construction documentation and coordination for irrigation design $19,928 Total of FFE and Expanded Design and Construction Support Services $252,729 Not-to-Exceed Total Compensation
The not-to-exceed Total Compensation of the Agreement is composed of fees for basic services and associated expenses; an allowance for materials, designs, and renderings not covered under basic services; a City contingency for additional services not covered under basic services; and an allowance for non-library additional services, as illustrated below.

Fees for Basic Services and Associated Expenses $2,926,950 Allowance for Materials, Designs, and Renderings Not Covered Under Basic Services $140,000 City Contingency for Additional Services Not Covered Under Basic Services $365,920 Allowance for Non-Library Additional Services $134,250
FFE and Expanded Design and Construction Support Services $252,729 Additional construction phase services (structural, duration, design, FF&E, switchgear) $149,485 TOTAL COMPENSATION $3,969,334

8.3.d
Packet Pg. 438 Attachment: Exhibit 1 - Fifth Agreement Amendment - Bohlin Cywinski Jackson (Fourth Amendment to Agreement with Swinerton and Fifth

CITY COUNCIL STAFF REPORT
Meeting Date: August 01, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE LETTER OPPOSING SB 932 (PORTANTINO) GENERAL PLANS: CIRCULATION ELEMENT: BICYCLE AND PEDESTRIAN
PLANS

SYNOPSIS
SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plan would create unfunded mandates for costly improvements to local transportation infrastructure without providing funding for implementation and would expose many local governments to new legal risks that may result in litigation costs to defend and settle. Staff recommends that the City Council send a letter of opposition to the Assembly Committee on Appropriations and bill author, Senator Portantino.

DISCUSSION
Background
Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. Existing Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element, which must consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. The legislative body, upon any substantive revision of the circulation element, is required to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. “Users of streets, roads, and highways” are defined to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

Analysis
As described in the Assembly Committee on Transportation’s June 2022 analysis, the bill:

1. Would require the legislative body of a city or county, upon the next substantive revision

8.4 Packet Pg. 439
of the circulation element occurring on or after January 1, 2025, to develop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle plans, pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan.

2. Would require a city or county to begin implementation of the plan within two years of the date of adoption of the modified circulation element that includes the bicycle, pedestrian and traffic calming plans.

3. Would require the revised circulation element for any urbanized area to include the following:
a. The bicycle plans, pedestrian plans, and traffic calming plans to address all of the following:
i. Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians, as defined. ii. Use evidence-based strategies to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device, as defined.
iii. Establish traffic calming measures around schools and parks, and within business activity districts, as defined.
b. A county or city to begin implementation of the modified circulation element plan within two years of the date of adoption of the plan.
i. Requires a city or county to complete implementation of the plan for a multimodal transportation network and the construction of any related infrastructure within 25 years of the date of adoption of the modified circulation element.
ii. Provides that a city or county shall have an additional 10 years to complete implementation if the circulation element contains measures that decrease traffic fatalities by at least 20% within the first 5 years of its implementation period, and the city or county implements those measures within those 5 years.

4. Provides that a city or county shall not be required to comply with the requirements of the bill upon making a written finding based on substantial evidence that its failure to comply with the requirements of the bill are the result of unforeseen circumstances outside of the control of the city or county.

5. Provides that, from January 1, 2025 through January 1, 2028, the failure by a city or county to comply with the requirements of the bill creates a cause of action for bicyclists,

8.4 Packet Pg. 440
pedestrians, and users of any other form of micromobility device injured as a result of a collision with a motor vehicle within the right-of-way of safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians, as defined, in the following counties:
a. Alameda
b. Contra Costa
c. Los Angeles
d. Orange
e. Riverside
f. Sacramento
g. San Bernardino
h. San Diego
i. San Francisco
j. Santa Clara

6. Defines the following:
a. “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
b. “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code. c. “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
d. “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code.
e. “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.

7. States the intent of the Legislature to create an annual grant program, and an appropriation, to be awarded to any county or city that shows implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other micromobility device injuries and fatalities, in order to incentivize any county or city with few financial resources to take small, affordable steps towards fulfilling its traffic and street safety goals.

According to the Senate Appropriations Committee:

1. There are “[u]nknown significant local costs for cities and counties to update circulation elements and to develop and implement bicycle, pedestrian, and traffic calming plans for any urbanized areas within their jurisdiction. The bill includes ‘local fee disclaimer’ language indicating that the bill’s costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. (local funds)”

8.4 Packet Pg. 441

2. There are “[u]nknown court cost pressures due to increased workload for the judicial branch to adjudicate court filings generated by the new cause of action created by this bill. (Trial Court Trust Fund, General Fund)”

3. There are “[u]nknown, major cost pressures to establish, administer, and fund a grant program to provide resources to cities and counties to offset their costs for updating circulation elements, as specified in the bill. (General Fund)” The League of California Cities recommends local agencies send letters of opposition as SB 932 would create unfunded mandates for costly improvements to local transportation infrastructure without providing funding for implementation and expose many local governments to new legal risks that may result in litigation costs to defend and settle. The timeframes in SB 932 do not account for existing funding gaps, much less the additional capital costs of the improvements the bill mandates.

It is more appropriate to solicit local government input and planning for incorporation into the state’s active transportation plans, which are not required to be updated, rather than creating the new private right of action. Every dollar that goes toward defending against litigation is one fewer dollar available for improving our local streets and roads.

Finally, SB 932 does not contain a funding mechanism despite the Legislature proposing $1.5 billion in the state budget for active transportation projects. SB 932 should be amended to create a grant program tied to the $1.5 billion allocated for these projects.

Staff recommends that the City Council approve the proposed letter of opposition to SB 932, unless amended.

FISCAL IMPACT
There is no fiscal impact to the City to send a letter of opposition.

PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Send the proposed letter of opposition to the Assembly Committee on Appropriations and bill author, Senator Portantino.

ALTERNATIVES TO RECOMMENDED ACTION
Do not send a letter of opposition.

8.4 Packet Pg. 442
Give direction to staff to amend the letter of opposition.

ATTACHMENT(S):

Proposed Letter of Opposition
Text of SB 932
Prepared by: Danielle K. Habr, Principal Management Analyst/City Clerk Reviewed by: Ananthan Kanagasundaram, City Engineer, and Ethan Bindernagel, Community Development Director/Assistant City Manager Approved by: June Catalano, City Manager

8.4 Packet Pg. 443
Mayor and Council
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
August 1, 2022
The Honorable Chris Holden
Chair, Assembly Committee on Appropriations
1021 O Street, Suite 8220
Sacramento, CA 95814
RE: Opposition (unless amended) to SB 932 (Portantino): General plans: circulation element:
bicycle and pedestrian plans and traffic calming plans (As amended June 20, 2022) Dear Assembly Member Holden,
The City of Pleasant Hill must respectfully oppose unless amended SB 932 (Portantino), which would create unfunded mandates for costly improvements to local transportation infrastructure without providing funding for implementation. This bill would expose many local governments to new legal risks that may result in litigation costs to defend and settle.

Local agencies support active transportation projects and have been leading the charge to improve local streets and roads, while also retrofitting them to improve safety for all roadway users.

According to the California Transportation Commission, during just the first two and a half fiscal years when SB 1 (Beall, 2017) funds were available, cities and counties reported spending $1.5 billion to complete over 3,100 projects.

Despite the significant progress that local governments have made to develop active transportation projects in their communities, SB 932 takes a top-down approach that dictates both the type of improvements required and the timing for implementing such improvements. The timeframes in SB 932 do not account for existing funding gaps, much less the additional capital costs of the improvements the bill mandates.

Recent amendments to SB 932 would create new legal risks for the largest ten counties and the cities located within those jurisdictions that fail to meet the bill’s arbitrary implementation timeframes. The provisions of SB 932 upend design immunity in the Tort Claims Act (Government Code § 890) that prohibit a local government from being sued for negligence. SB 932 would create a mandatory duty and thus would establish the concept of “dangerous conditions” for local streets and roads that may jeopardize a city’s liability coverage after being recategorized as very high risk due to the provisions of SB 932.

8.4.a
Packet Pg. 444 Attachment: Proposed Letter of Opposition (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Simply put, this would establish a new private right of action that would require significant dollars dedicated toward defending against litigation and would diminish those funds available for improving our local streets and roads. Ironically, SB 932 would effectively force the City to cut its annual budget on capital improvement projects and programs to the detriment of public safety in order to combat costly litigation and settle claims.

Senate Bill 932 creates capricious implementation timelines, exposes cities to liability, and lacks an adequate funding mechanism to pay for necessary improvements. The City has identified over $129 million in unfunded projects and programs for the improvement of streets, bicycle and pedestrian facilities, and traffic signals. Absent the creation of a grant program, the City would be unable to fund these mandatory infrastructure improvements.

Finally, the Legislature is proposing $1.5 billion in the state budget for active transportation projects, but neglects to provide a funding mechanism for these improvements. Senate Bill 932 should be amended to create a grant program tied to the $1.5 billion allocated for these projects.

For these reasons, the City Pleasant Hill opposes, unless amended, SB 932.

Sincerely,
Michael G. Harris, OD
Mayor
cc: Members, Assembly Committee on Appropriations, [email protected] The Honorable Anthony Portantino, Senator
Jay Dickenson, Chief Consultant, Assembly Committee on Appropriations Daniel Ballon, Fiscal Consultant, Assembly Minority Caucus League of California Cities, [email protected]
Sam Caygill, East Bay Division, Cal Cities, [email protected]

8.4.a
Packet Pg. 445 Attachment: Proposed Letter of Opposition (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN SENATE MAY 4, 2022
AMENDED IN SENATE MARCH 23, 2022
SENATE BILL No. 932
Introduced by Senator Portantino
February 7, 2022
An act to amend Sections 65300.5 and 65302 of the Government Code, relating to land use.
legislative counsel
’s digest
SB 932, as amended, Portantino. General plans: circulation element:
bicycle and pedestrian plans and traffic calming plans.

Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substantive revision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways

96 8.4.b
Packet Pg. 446 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. Existing law defines “users of streets, roads, and highways” to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

This bill would require the legislative body, upon the next any substantive revision of the circulation element, on or before June 30, 2024, after January 1, 2025, to develop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle and pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.

This bill would require a county or city to begin implementation of the plan within 2 years of the date of adoption of the plan. The bill would allow a county or city to have 20 25 years to implement the plan.

This bill would increase the 20-year 25-year implementation period based on whether the measures introduced by a county or city work to reduce its percentage of traffic violence within a specified period of time. The bill would allow a county or city that fails to comply with the implementation provisions due to unforeseen circumstances to be exempt from the provisions upon a written finding, as specified.

Commencing January 1, 2024, 2025, this bill would allow a person injured within the right-of-way right-of-way, in specified areas, in a collision with a motor vehicle to have a cause of action for failure to comply with these provisions against specified counties. The bill would make this cause of action inoperative after January 1, 2028.

This bill would state the intent of the Legislature to create an annual grant program, relating to the above provisions, to award funding to any county or city upon a showing of its implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other human-powered transportation micromobility device, as defined, injuries and fatalities, as provided. The bill would define various terms for its purposes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.
96 SB 932 —
2 —

8.4.b
Packet Pg. 447 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65300.5 of the Government Code is line 2 amended to read:
line 3 65300.5. (a)  In construing the provisions of this article, the line 4 Legislature intends that the general plan and elements and parts line 5 thereof comprise an integrated, internally consistent and compatible line 6 statement of policies for the adopting agency.
line 7 (b)  The Legislature intends that the provisions of this article, line 8 as stated in paragraph (4) of subdivision (g) of Section 65302, line 9 support and encourage communities in reaching the state’s line 10 environmental and climate objectives. Climate change causes line 11 catastrophic threats to lives, property, and resources in California, line 12 and continues to affect all parts of the Californian economy and line 13 environment. This provision is intended to encourage measures line 14 that enable communities to adapt to the impacts of climate change line 15 including, but not limited to, higher average temperatures, line 16 decreased air and water quality, the spread of infectious and line 17 vectorborne diseases, other public health impacts, extreme weather line 18 events, sea level rise, flooding, heat waves, wildfires, drought, and line 19 community planning and zoning development. and drought. line 20 SEC. 2. Section 65302 of the Government Code is amended line 21 to read:
line 22 65302. The general plan shall consist of a statement of line 23 development policies and shall include a diagram or diagrams and line 24 text setting forth objectives, principles, standards, and plan line 25 proposals. The plan shall include the following elements:
line 26 (a)  A land use element that designates the proposed general line 27 distribution and general location and extent of the uses of the land line 28 for housing, business, industry, open space, including agriculture, line 29 natural resources, recreation, and enjoyment of scenic beauty, line 30 education, public buildings and grounds, solid and liquid waste line 31 disposal facilities, greenways, as defined in Section 816.52 of the line 32 Civil Code, and other categories of public and private uses of land. line 33 The location and designation of the extent of the uses of the land line 34 for public and private uses shall consider the identification of land line 35 and natural resources pursuant to paragraph (3) of subdivision (d). 96 — 3 — SB 932

8.4.b
Packet Pg. 448 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 The land use element shall include a statement of the standards of line 2 population density and building intensity recommended for the line 3 various districts and other territory covered by the plan. The land line 4 use element shall identify and annually review those areas covered line 5 by the plan that are subject to flooding identified by flood plain line 6 mapping prepared by the Federal Emergency Management Agency line 7 (FEMA) or the Department of Water Resources. The land use line 8 element shall also do both of the following:
line 9 (1)  Designate in a land use category that provides for timber line 10 production those parcels of real property zoned for timberland line 11 production pursuant to the California Timberland Productivity Act line 12 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 line 13 of Division 1 of Title 5).
line 14 (2)  Consider the impact of new growth on military readiness line 15 activities carried out on military bases, installations, and operating line 16 and training areas, when proposing zoning ordinances or line 17 designating land uses covered by the general plan for land, or other line 18 territory adjacent to military facilities, or underlying designated line 19 military aviation routes and airspace.
line 20 (A)  In determining the impact of new growth on military line 21 readiness activities, information provided by military facilities line 22 shall be considered. Cities and counties shall address military line 23 impacts based on information from the military and other sources. line 24 (B)  The following definitions govern this paragraph:
line 25 (i)  “Military readiness activities” mean all of the following:
line 26 (I)  Training, support, and operations that prepare the members line 27 of the military for combat.
line 28 (II)  Operation, maintenance, and security of any military line 29 installation.
line 30 (III)  Testing of military equipment, vehicles, weapons, and line 31 sensors for proper operation or suitability for combat use. line 32 (ii)  “Military installation” means a base, camp, post, station, line 33 yard, center, homeport facility for any ship, or other activity under line 34 the jurisdiction of the United States Department of Defense as line 35 defined in paragraph (1) of subsection (e) of Section 2687 of Title line 36 10 of the United States Code.
line 37 (b)  (1)  A circulation element consisting of the general location line 38 and extent of existing and proposed major thoroughfares, line 39 transportation routes, terminals, any military airports and ports, 96 SB 932 —
4 —

8.4.b
Packet Pg. 449 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 and other local public utilities and facilities, all correlated with the line 2 land use element of the plan.
line 3 (2)  (A)  Commencing January 1, 2011, upon any substantive line 4 revision of the circulation element, the legislative body shall line 5 modify the circulation element to plan for a balanced, multimodal line 6 transportation network that meets the needs of all users of streets, line 7 roads, and highways for safe and convenient travel in a manner line 8 that is suitable to the rural, suburban, or urban context of the line 9 general plan.
line 10 (B)  Upon the next any substantive revision of the circulation line 11 element on or after June 30, 2024, January 1, 2025, the legislative line 12 body shall develop or update the plan for a balanced, multimodal line 13 transportation network required by subparagraph (A), and shall line 14 ensure the plan includes the following for any urbanized area, as line 15 defined in Section 21071 of the Public Resources Code, area within line 16 the scope of the general plan:
line 17 (i)  The development of and implementation of bicycle plans, line 18 pedestrian plans, and traffic calming plans for which line 19 implementation shall commence no later than two years from the line 20 date the circulation element is modified. The modified circulation line 21 element The bicycle plans, pedestrian plans, and traffic calming line 22 plans shall address all of the following:
line 23 (I)  Use evidence-based strategies intended to eliminate traffic line 24 fatalities, with an emphasis on fatalities of bicyclists, pedestrians, line 25 and users of any other form of human-powered transportation. line 26 (II)
line 27 (I)  Identify safety corridors and any land or facility that line 28 generates high concentrations of bicyclists or pedestrians, as those line 29 terms are defined in Section 22358.7 of the Vehicle Code, and line 30 include safety measures specific to those areas. pedestrians. line 31 (II)  Use evidence-based strategies to develop safety measures line 32 specific to those areas that are intended to eliminate traffic line 33 fatalities, with an emphasis on fatalities of bicyclists, pedestrians, line 34 and users of any other form of micromobility device in the areas line 35 identified in subclause (I).
line 36 (III)  Establish traffic calming measures around schools and line 37 parks, and within business activity districts, as defined in Section line 38 22358.9 of the Vehicle Code. districts.
96 — 5 — SB 932

8.4.b
Packet Pg. 450 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (ii)  (I)  A county or city shall begin implementation of the line 2 modified circulation element plan within two years of the date of line 3 adoption of the plan.
line 4 (II)  A county or city shall complete implementation of the plan line 5 for a multimodal transportation network, including all bicycle line 6 plans, pedestrian plans, and traffic calming plans iterated in the line 7 modified circulation element, and the construction of any related line 8 infrastructure, within 20 25 years of the date of adoption of the line 9 modified circulation element.
line 10 (III)  A county or city shall have an additional 10 years to line 11 complete implementation if the circulation element contains line 12 measures that decrease traffic fatalities by at least 20 percent within line 13 the first 5 years of its implementation period, and the county or line 14 city implements those measures within those 5 years. line 15 (IV)  A county or city shall not be required to comply with the line 16 requirements of this clause upon making a written finding based line 17 on substantial evidence that its failure to comply with the line 18 requirements of this clause are the result of unforeseen line 19 circumstances outside of the control of the county or city. line 20 (iii)  (I)  Beginning January 1, 2024, 2025, failure by a county line 21 or city to comply with the requirements of this subparagraph shall line 22 create a cause of action for bicyclists, pedestrians, and users of line 23 any other form of human-powered transportation micromobility line 24 device injured within the right-of-way in the areas identified in line 25 subclause (I) of clause (i) in a collision with a motor vehicle in line 26 high injury areas in the Counties of Alameda, Contra Costa, Los line 27 Angeles, Orange, Riverside, Sacramento, San Bernardino, San line 28 Diego, San Francisco, and Santa Clara. For the purposes of this line 29 subdivision, “high injury areas” means:
line 30 (ia)  The 10 locations within a county or city that have the line 31 highest rate of incidents of injuries to bicyclists, pedestrians, and line 32 users of any other form of human-powered transportation. line 33 (ib)  If less than 10 locations, the locations within a county or line 34 city that, when combined, account for 50.1 percent or more of all line 35 incidents of injuries to bicyclists, pedestrians, and users of any line 36 other form of human-powered transportation.
line 37 (II)  This clause shall become inoperative on January 1, 2028. line 38 (iv)  For the purposes of this subparagraph, the following line 39 definitions shall apply:
96 SB 932 —
6 —

8.4.b
Packet Pg. 451 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (I)  “Business activity district” has the same meaning as defined line 2 in Section 22358.9 of the Vehicle Code.
line 3 (II)  “Land facilities that generate high concentrations of line 4 bicyclists or pedestrians” has the same meaning as described in line 5 Section 22358.7 of the Vehicle Code.
line 6 (III)  “Micromobility device” means a bicycle, electric bicycle, line 7 or motorized scooter as those terms are defined and described in line 8 Division 1 (commencing with Section 100) of the Vehicle Code. line 9 (IV)  “Safety corridor” has the same meaning as defined in line 10 Section 22358.7 of the Vehicle Code.
line 11 (V)  “Urbanized area” has the same meaning as defined in line 12 Section 21071 of the Public Resources Code.
line 13 (C)  For purposes of this paragraph, “users of streets, roads, and line 14 highways” mean bicyclists, children, persons with disabilities, line 15 motorists, movers of commercial goods, pedestrians, users of public line 16 transportation, and seniors.
line 17 (c)  A housing element as provided in Article 10.6 (commencing line 18 with Section 65580).
line 19 (d)  (1)  A conservation element for the conservation, line 20 development, and utilization of natural resources, including water line 21 and its hydraulic force, forests, soils, rivers and other waters, line 22 harbors, fisheries, wildlife, minerals, and other natural resources. line 23 The conservation element shall consider the effect of development line 24 within the jurisdiction, as described in the land use element, on line 25 natural resources located on public lands, including military line 26 installations. That portion of the conservation element including line 27 waters shall be developed in coordination with any countywide line 28 water agency and with all district and city agencies, including line 29 flood management, water conservation, or groundwater agencies line 30 that have developed, served, controlled, managed, or conserved line 31 water of any type for any purpose in the county or city for which line 32 the plan is prepared. Coordination shall include the discussion and line 33 evaluation of any water supply and demand information described line 34 in Section 65352.5, if that information has been submitted by the line 35 water agency to the city or county.
line 36 (2)  The conservation element may also cover all of the line 37 following:
line 38 (A)  The reclamation of land and waters.
line 39 (B)  Prevention and control of the pollution of streams and other line 40 waters.
96 — 7 — SB 932

8.4.b
Packet Pg. 452 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (C)  Regulation of the use of land in stream channels and other line 2 areas required for the accomplishment of the conservation plan. line 3 (D)  Prevention, control, and correction of the erosion of soils, line 4 beaches, and shores.
line 5 (E)  Protection of watersheds.
line 6 (F)  The location, quantity, and quality of the rock, sand, and line 7 gravel resources.
line 8 (3)  Upon the next revision of the housing element on or after line 9 January 1, 2009, the conservation element shall identify rivers, line 10 creeks, streams, flood corridors, riparian habitats, and land that line 11 may accommodate floodwater for purposes of groundwater line 12 recharge and stormwater management.
line 13 (e)  An open-space element as provided in Article 10.5 line 14 (commencing with Section 65560).
line 15 (f)  (1)  A noise element that shall identify and appraise noise line 16 problems in the community. The noise element shall analyze and line 17 quantify, to the extent practicable, as determined by the legislative line 18 body, current and projected noise levels for all of the following line 19 sources:
line 20 (A)  Highways and freeways.
line 21 (B)  Primary arterials and major local streets. line 22 (C)  Passenger and freight online railroad operations and ground line 23 rapid transit systems.
line 24 (D)  Commercial, general aviation, heliport, helistop, and military line 25 airport operations, aircraft overflights, jet engine test stands, and line 26 all other ground facilities and maintenance functions related to line 27 airport operation.
line 28 (E)  Local industrial plants, including, but not limited to, railroad line 29 classification yards.
line 30 (F)  Other ground stationary noise sources, including, but not line 31 limited to, military installations, identified by local agencies as line 32 contributing to the community noise environment. line 33 (2)  Noise contours shall be shown for all of these sources and line 34 stated in terms of community noise equivalent level (CNEL) or line 35 day-night average sound level (Ldn). The noise contours shall be line 36 prepared on the basis of noise monitoring or following generally line 37 accepted noise modeling techniques for the various sources line 38 identified in subparagraphs (A) to (F) of paragraph (1), inclusive. 96 SB 932 —
8 —

8.4.b
Packet Pg. 453 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (3)  The noise contours shall be used as a guide for establishing line 2 a pattern of land uses in the land use element that minimizes the line 3 exposure of community residents to excessive noise. line 4 (4)  The noise element shall include implementation measures line 5 and possible solutions that address existing and foreseeable noise line 6 problems, if any. The adopted noise element shall serve as a line 7 guideline for compliance with the state’s noise insulation standards. line 8 (g)  (1)  A safety element for the protection of the community line 9 from any unreasonable risks associated with the effects of line 10 seismically induced surface rupture, ground shaking, ground line 11 failure, tsunami, seiche, and dam failure; slope instability leading line 12 to mudslides and landslides; subsidence; liquefaction; and other line 13 seismic hazards identified pursuant to Chapter 7.8 (commencing line 14 with Section 2690) of Division 2 of the Public Resources Code, line 15 and other geologic hazards known to the legislative body; flooding; line 16 and wildland and urban fires. The safety element shall include line 17 mapping of known seismic and other geologic hazards. It shall line 18 also address evacuation routes, military installations, peakload line 19 water supply requirements, and minimum road widths and line 20 clearances around structures, as those items relate to identified fire line 21 and geologic hazards.
line 22 (2)  The safety element, upon the next revision of the housing line 23 element on or after January 1, 2009, shall also do the following:
line 24 (A)  Identify information regarding flood hazards, including, line 25 but not limited to, the following:
line 26 (i)  Flood hazard zones. As used in this subdivision, “flood line 27 hazard zone” means an area subject to flooding that is delineated line 28 as either a special hazard area or an area of moderate or minimal line 29 hazard on an official flood insurance rate map issued by FEMA. line 30 The identification of a flood hazard zone does not imply that areas line 31 outside the flood hazard zones or uses permitted within flood line 32 hazard zones will be free from flooding or flood damage. line 33 (ii)  National Flood Insurance Program maps published by line 34 FEMA.
line 35 (iii)  Information about flood hazards that is available from the line 36 United States Army Corps of Engineers.
line 37 (iv)  Designated floodway maps that are available from the line 38 Central Valley Flood Protection Board.
96 — 9 — SB 932

8.4.b
Packet Pg. 454 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (v)  Dam failure inundation maps prepared pursuant to Section line 2 6161 of the Water Code that are available from the Department of line 3 Water Resources.
line 4 (vi)  Awareness Floodplain Mapping Program maps and 200-year line 5 flood plain maps that are or may be available from, or accepted line 6 by, the Department of Water Resources.
line 7 (vii)  Maps of levee protection zones.
line 8 (viii)  Areas subject to inundation in the event of the failure of line 9 project or nonproject levees or floodwalls.
line 10 (ix)  Historical data on flooding, including locally prepared maps line 11 of areas that are subject to flooding, areas that are vulnerable to line 12 flooding after wildfires, and sites that have been repeatedly line 13 damaged by flooding.
line 14 (x)  Existing and planned development in flood hazard zones, line 15 including structures, roads, utilities, and essential public facilities. line 16 (xi)  Local, state, and federal agencies with responsibility for line 17 flood protection, including special districts and local offices of line 18 emergency services.
line 19 (B)  Establish a set of comprehensive goals, policies, and line 20 objectives based on the information identified pursuant to line 21 subparagraph (A), for the protection of the community from the line 22 unreasonable risks of flooding, including, but not limited to:
line 23 (i)  Avoiding or minimizing the risks of flooding to new line 24 development.
line 25 (ii)  Evaluating whether new development should be located in line 26 flood hazard zones, and identifying construction methods or other line 27 methods to minimize damage if new development is located in line 28 flood hazard zones.
line 29 (iii)  Maintaining the structural and operational integrity of line 30 essential public facilities during flooding.
line 31 (iv)  Locating, when feasible, new essential public facilities line 32 outside of flood hazard zones, including hospitals and health care line 33 facilities, emergency shelters, fire stations, emergency command line 34 centers, and emergency communications facilities or identifying line 35 construction methods or other methods to minimize damage if line 36 these facilities are located in flood hazard zones. line 37 (v)  Establishing cooperative working relationships among public line 38 agencies with responsibility for flood protection. 96 SB 932 — 10 —

8.4.b
Packet Pg. 455 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (C)  Establish a set of feasible implementation measures designed line 2 to carry out the goals, policies, and objectives established pursuant line 3 to subparagraph (B).
line 4 (3)  Upon the next revision of the housing element on or after line 5 January 1, 2014, the safety element shall be reviewed and updated line 6 as necessary to address the risk of fire for land classified as state line 7 responsibility areas, as defined in Section 4102 of the Public line 8 Resources Code, and land classified as very high fire hazard line 9 severity zones, as defined in Section 51177. This review shall line 10 consider the advice included in the Office of Planning and line 11 Research’s most recent publication of “Fire Hazard Planning, line 12 General Plan Technical Advice Series” and shall also include all line 13 of the following:
line 14 (A)  Information regarding fire hazards, including, but not limited line 15 to, all of the following:
line 16 (i)  Fire hazard severity zone maps available from the Office of line 17 the State Fire Marshal.
line 18 (ii)  Any historical data on wildfires available from local agencies line 19 or a reference to where the data can be found.
line 20 (iii)  Information about wildfire hazard areas that may be line 21 available from the United States Geological Survey. line 22 (iv)  General location and distribution of existing and planned line 23 uses of land in very high fire hazard severity zones and in state line 24 responsibility areas, including structures, roads, utilities, and line 25 essential public facilities. The location and distribution of planned line 26 uses of land shall not require defensible space compliance measures line 27 required by state law or local ordinance to occur on publicly owned line 28 lands or open space designations of homeowner associations. line 29 (v)  Local, state, and federal agencies with responsibility for fire line 30 protection, including special districts and local offices of line 31 emergency services.
line 32 (B)  A set of goals, policies, and objectives based on the line 33 information identified pursuant to subparagraph (A) for the line 34 protection of the community from the unreasonable risk of wildfire. line 35 (C)  A set of feasible implementation measures designed to carry line 36 out the goals, policies, and objectives based on the information line 37 identified pursuant to subparagraph (B), including, but not limited line 38 to, all of the following:
line 39 (i)  Avoiding or minimizing the wildfire hazards associated with line 40 new uses of land.
96 — 11 — SB 932

8.4.b
Packet Pg. 456 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (ii)  Locating, when feasible, new essential public facilities line 2 outside of high fire risk areas, including, but not limited to, line 3 hospitals and health care facilities, emergency shelters, emergency line 4 command centers, and emergency communications facilities, or line 5 identifying construction methods or other methods to minimize line 6 damage if these facilities are located in a state responsibility area line 7 or very high fire hazard severity zone.
line 8 (iii)  Designing adequate infrastructure if a new development is line 9 located in a state responsibility area or in a very high fire hazard line 10 severity zone, including safe access for emergency response line 11 vehicles, visible street signs, and water supplies for structural fire line 12 suppression.
line 13 (iv)  Working cooperatively with public agencies with line 14 responsibility for fire protection.
line 15 (D)  If a city or county has adopted a fire safety plan or document line 16 separate from the general plan, an attachment of, or reference to, line 17 a city or county’s adopted fire safety plan or document that fulfills line 18 commensurate goals and objectives and contains information line 19 required pursuant to this paragraph.
line 20 (4)  Upon the next revision of a local hazard mitigation plan, line 21 adopted in accordance with the federal Disaster Mitigation Act of line 22 2000 (Public Law 106-390), on or after January 1, 2017, or, if a line 23 local jurisdiction has not adopted a local hazard mitigation plan, line 24 beginning on or before January 1, 2022, the safety element shall line 25 be reviewed and updated as necessary to address climate adaptation line 26 and resiliency strategies applicable to the city or county. This line 27 review shall consider advice provided in the Office of Planning line 28 and Research’s General Plan Guidelines and shall include all of line 29 the following:
line 30 (A)  (i)  A vulnerability assessment that identifies the risks that line 31 climate change poses to the local jurisdiction and the geographic line 32 areas at risk from climate change impacts, including, but not limited line 33 to, an assessment of how climate change may affect the risks line 34 addressed pursuant to paragraphs (2) and (3).
line 35 (ii)  Information that may be available from federal, state, line 36 regional, and local agencies that will assist in developing the line 37 vulnerability assessment and the adaptation policies and strategies line 38 required pursuant to subparagraph (B), including, but not limited line 39 to, all of the following:
line 40 (I)  Information from the internet-based Cal-Adapt tool. 96 SB 932 — 12 —

8.4.b
Packet Pg. 457 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (II)  Information from the most recent version of the California line 2 Adaptation Planning Guide.
line 3 (III)  Information from local agencies on the types of assets, line 4 resources, and populations that will be sensitive to various climate line 5 change exposures.
line 6 (IV)  Information from local agencies on their current ability to line 7 deal with the impacts of climate change.
line 8 (V)  Historical data on natural events and hazards, including line 9 locally prepared maps of areas subject to previous risk, areas that line 10 are vulnerable, and sites that have been repeatedly damaged. line 11 (VI)  Existing and planned development in identified at-risk line 12 areas, including structures, roads, utilities, and essential public line 13 facilities.
line 14 (VII)  Federal, state, regional, and local agencies with line 15 responsibility for the protection of public health and safety and line 16 the environment, including special districts and local offices of line 17 emergency services.
line 18 (B)  A set of adaptation and resilience goals, policies, and line 19 objectives based on the information specified in subparagraph (A) line 20 for the protection of the community.
line 21 (C)  A set of feasible implementation measures designed to carry line 22 out the goals, policies, and objectives identified pursuant to line 23 subparagraph (B), including, but not limited to, all of the following:
line 24 (i)  Feasible methods to avoid or minimize climate change line 25 impacts associated with new uses of land.
line 26 (ii)  The location, when feasible, of new essential public facilities line 27 outside of at-risk areas, including, but not limited to, hospitals and line 28 health care facilities, emergency shelters, emergency command line 29 centers, and emergency communications facilities, or identifying line 30 construction methods or other methods to minimize damage if line 31 these facilities are located in at-risk areas.
line 32 (iii)  The designation of adequate and feasible infrastructure line 33 located in an at-risk area.
line 34 (iv)  Guidelines for working cooperatively with relevant local, line 35 regional, state, and federal agencies.
line 36 (v)  The identification of natural infrastructure that may be used line 37 in adaptation projects, where feasible. Where feasible, the plan line 38 shall use existing natural features and ecosystem processes, or the line 39 restoration of natural features and ecosystem processes, when line 40 developing alternatives for consideration. For purposes of this 96 — 13 — SB 932

8.4.b
Packet Pg. 458 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 clause, “natural infrastructure” means using natural ecological line 2 systems or processes to reduce vulnerability to climate change line 3 related hazards, or other related climate change effects, while line 4 increasing the long-term adaptive capacity of coastal and inland line 5 areas by perpetuating or restoring ecosystem services. This line 6 includes, but is not limited to, the conservation, preservation, or line 7 sustainable management of any form of aquatic or terrestrial line 8 vegetated open space, such as beaches, dunes, tidal marshes, reefs, line 9 seagrass, parks, rain gardens, and urban tree canopies. It also line 10 includes systems and practices that use or mimic natural processes, line 11 such as permeable pavements, bioswales, and other engineered line 12 systems, such as levees that are combined with restored natural line 13 systems, to provide clean water, conserve ecosystem values and line 14 functions, and provide a wide array of benefits to people and line 15 wildlife.
line 16 (D)  (i)  If a city or county has adopted the local hazard line 17 mitigation plan, or other climate adaptation plan or document that line 18 fulfills commensurate goals and objectives and contains the line 19 information required pursuant to this paragraph, separate from the line 20 general plan, an attachment of, or reference to, the local hazard line 21 mitigation plan or other climate adaptation plan or document. line 22 (ii)  Cities or counties that have an adopted hazard mitigation line 23 plan, or other climate adaptation plan or document that substantially line 24 complies with this section, or have substantially equivalent line 25 provisions to this subdivision in their general plans, may use that line 26 information in the safety element to comply with this subdivision, line 27 and shall summarize and incorporate by reference into the safety line 28 element the other general plan provisions, climate adaptation plan line 29 or document, specifically showing how each requirement of this line 30 subdivision has been met.
line 31 (5)  Upon the next revision of the housing element on or after line 32 January 1, 2020, the safety element shall be reviewed and updated line 33 as necessary to identify residential developments in any hazard line 34 area identified in the safety element that do not have at least two line 35 emergency evacuation routes.
line 36 (6)  After the initial revision of the safety element pursuant to line 37 paragraphs (2), (3), (4), and (5), the planning agency shall review line 38 and, if necessary, revise the safety element upon each revision of line 39 the housing element or local hazard mitigation plan, but not less line 40 than once every eight years, to identify new information relating 96 SB 932 — 14 —

8.4.b
Packet Pg. 459 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 to flood and fire hazards and climate adaptation and resiliency line 2 strategies applicable to the city or county that was not available line 3 during the previous revision of the safety element. line 4 (7)  Cities and counties that have flood plain management line 5 ordinances that have been approved by FEMA that substantially line 6 comply with this section, or have substantially equivalent line 7 provisions to this subdivision in their general plans, may use that line 8 information in the safety element to comply with this subdivision, line 9 and shall summarize and incorporate by reference into the safety line 10 element the other general plan provisions or the flood plain line 11 ordinance, specifically showing how each requirement of this line 12 subdivision has been met.
line 13 (8)  Before the periodic review of its general plan and before line 14 preparing or revising its safety element, each city and county shall line 15 consult the California Geological Survey of the Department of line 16 Conservation, the Central Valley Flood Protection Board, if the line 17 city or county is located within the boundaries of the Sacramento line 18 and San Joaquin Drainage District, as set forth in Section 8501 of line 19 the Water Code, and the Office of Emergency Services for the line 20 purpose of including information known by and available to the line 21 department, the agency, and the board required by this subdivision. line 22 (9)  To the extent that a county’s safety element is sufficiently line 23 detailed and contains appropriate policies and programs for line 24 adoption by a city, a city may adopt that portion of the county’s line 25 safety element that pertains to the city’s planning area in line 26 satisfaction of the requirement imposed by this subdivision. line 27 (h)  (1)  An environmental justice element, or related goals, line 28 policies, and objectives integrated in other elements, that identifies line 29 disadvantaged communities within the area covered by the general line 30 plan of the city, county, or city and county, if the city, county, or line 31 city and county has a disadvantaged community. The line 32 environmental justice element, or related environmental justice line 33 goals, policies, and objectives integrated in other elements, shall line 34 do all of the following:
line 35 (A)  Identify objectives and policies to reduce the unique or line 36 compounded health risks in disadvantaged communities by means line 37 that include, but are not limited to, the reduction of pollution line 38 exposure, including the improvement of air quality, and the line 39 promotion of public facilities, food access, safe and sanitary homes, line 40 and physical activity.
96 — 15 — SB 932

8.4.b
Packet Pg. 460 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 (B)  Identify objectives and policies to promote civic engagement line 2 in the public decisionmaking process.
line 3 (C)  Identify objectives and policies that prioritize improvements line 4 and programs that address the needs of disadvantaged communities. line 5 (2)  A city, county, or city and county subject to this subdivision line 6 shall adopt or review the environmental justice element, or the line 7 environmental justice goals, policies, and objectives in other line 8 elements, upon the adoption or next revision of two or more line 9 elements concurrently on or after January 1, 2018. line 10 (3)  By adding this subdivision, the Legislature does not intend line 11 to require a city, county, or city and county to take any action line 12 prohibited by the United States Constitution or the California line 13 Constitution.
line 14 (4)  For purposes of this subdivision, the following terms shall line 15 apply:
line 16 (A)  “Disadvantaged communities” means an area identified by line 17 the California Environmental Protection Agency pursuant to line 18 Section 39711 of the Health and Safety Code or an area that is a line 19 low-income area that is disproportionately affected by line 20 environmental pollution and other hazards that can lead to negative line 21 health effects, exposure, or environmental degradation. line 22 (B)  “Public facilities” includes public improvements, public line 23 services, and community amenities, as defined in subdivision (d) line 24 of Section 66000.
line 25 (C)  “Low-income area” means an area with household incomes line 26 at or below 80 percent of the statewide median income or with line 27 household incomes at or below the threshold designated as low line 28 income by the Department of Housing and Community line 29 Development’s list of state income limits adopted pursuant to line 30 Section 50093 of the Health and Safety Code.
line 31 SEC. 3. It is the intent of the Legislature to create an annual line 32 grant program, and an appropriation thereof, to be awarded to any line 33 county or city for the purposes of meeting the requirements of line 34 Section 65302 of the Government Code, as amended by this act, line 35 upon a showing of its implementation of timely and effective line 36 short-term efforts to mitigate bicycle, pedestrian, and other line 37 human-powered transportation injuries and fatalities. micromobility line 38 device injuries and fatalities, as that term is defined in subclause line 39 (III) of clause (iv) of subparagraph (B) of paragraph (2) of line 40 subdivision (b). It is the intent of the Legislature that the creation 96 SB 932 — 16 —

8.4.b
Packet Pg. 461 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans) line 1 of this grant program will incentivize any county or city with few line 2 financial resources to take small, affordable steps towards fulfilling line 3 its traffic and street safety goals.
line 4 SEC. 4. No reimbursement is required by this act pursuant to line 5 Section 6 of Article XIIIB of the California Constitution because line 6 a local agency or school district has the authority to levy service line 7 charges, fees, or assessments sufficient to pay for the program or line 8 level of service mandated by this act, within the meaning of Section line 9 17556 of the Government Code.

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96 — 17 — SB 932

8.4.b
Packet Pg. 462 Attachment: Text of SB 932 (Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans)

Pleasant Hill City CouncilAugust 1, 2022

Pleasant Hill City Council
August 1, 2022