Pleasant Hill City Council
September 12, 2022

1.1 City approval is based on and shall be in accord with the plans contained in the project file, dated, “ Approved January 24, 2022” except as they may be modified by these conditions and/ or direction from the Architectural Review Commission, Planning Commission or City Council. In summary, the project includes:

A new structure for the existing Choice in Aging adult day care facility.

A new structure for the existing Choice in Learning pre-school facility.

A new 82-unit affordable senior housing facility (3 & 4 stories).

Surface parking facility providing 127 spaces
New Landscape to include on- site Open Space and Private Landscape Areas

1.2 The applicant shall submit detailed plans, drawn to scale, to indicate the location, design, height, materials and colors of: ( 1) all retaining walls ( interior and perimeter) and ( 2) all perimeter fencing. In addition, the plan shall include any modifications to perimeter plant species in accordance with Architectural Review Commission direction. The plans shall be submitted for review and approval by the ARC prior to issuance of a Building Permit, but not prior to issuance of a Grading Permit.

1.3 Architectural Review Permit ( PLN 21- 0294) shall be null and void ifthe associated Development Plan Permit, Use Permit and Minor Subdivision is not approved by the City.

1.4 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, Planning Commission and/or City Council prior to building permit issuance or prior to building permit final.

1.5 When submitting final revised plans forissuance 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.

1.6 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.

1.7 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.

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

1.9 No structures and vegetation above three feet tall shall not be located in any sight distance zone (street corners and driveways).

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

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Packet Pg. 211 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

1.11 The tree protection plan noted on Plan Sheet L2.22, for preserved trees that are onsite and in close proximity of the project site, shall be executed prior to issuance of any permits and continued to be implemented during all construction activity phases. Lastly, the tree protection plan shall be implemented by a certified/licensed arborist.

1.12 The applicant shall maintain the health of proposed preserved trees at the site, up to and through completion of the project. As part of the maintenance, the applicant shall retain a licensed/certified tree arborist to monitor and ensure the health of the proposed preserved trees. ( i.e. watering, etc.)

1.13 Grading and construction operations 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 9:00 AM to 6:00 PM, with construction activity 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 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 Prior to issuance of a building permit final (and prior to issuance of a certificate of occupancy), the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

1.18 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.

1.19 The 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

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Packet Pg. 212 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

any federal, state or local law, including the requirements of the California Building Standards Code.

1.20 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.

1.21 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.

1.22 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.

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

1.24 No identification signage, or any other type of signage, is approved with Architectural Review Permit PLN 21-0294. In the event that the applicant/ property owner desires any such signage, a Sign Permit shall be submitted to the Planning Division in accordance with Chapter 18.60 of the Zoning Ordinance.

1.25 The applicant shall submit a revised site plan, drawn to scale, to indicate that all ground- mounted mechanical equipment is painted dark green, or be properly screened, and shall be in compliance with PG&E standards. All screening methods shall be included on a detailed elevation plan to include design, dimensions, material and color. The site plan, and detailed elevation plan shall be submitted to the Zoning Administrator for review and approval prior to the issuance of a building permit.

1.26 The property owner shall comply with City noise standards ( contained in Section

18.50.060A of the Zoning Ordinance) at all times.

1.27 The applicant shall incorporate Environmentally Sensitive ( Green Building Practices and Methods) components into the final plan sets in accordance with ARC approval. In addition, the applicant shall comply with all applicable Cal- Green

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Packet Pg. 213 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

requirements. The plans shall be submitted to the Zoning Administrator for review and approval prior to issuance of a building permit.

1.28 All conduit and cables shall be installed underground to the greatest extent possible.

All asphalt or concrete areas must be repaired and replaced, if required to be removed for the installation of underground facilities.

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 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

3.1 Compliance with all conditions of approval of Development Plan Permit, Use Permit and Minor Subdivision PLN 21-0294 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 attached Engineering Conditions of Approval.

3.3 The project shall comply with all required mitigation measures in the Mitigated Negative Declaration as noted in the associated Mitigation Monitoring Report & Program ( adopted by the City Council, on January 25, 2021, in association with the approval of City Council Resolution No. 8-21 for General Plan Amendment application no. PLN 18-0445).

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 Water-Efficient Landscaping Ordinance

5.1 Any new landscaping shall comply with the City of Pleasant Hill Water- Efficient Landscape Ordinance PHMC § 18.52. Compliance shall be documented prior to installation of any irrigation or landscaping and as noted in the ordinance.

5.2 An applicant subject to this chapter (under PHMC § 18.52.030) shall pay submittal fees in the amount established by resolution of the city council.

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Packet Pg. 214 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

5.3 Zoning administrator review. Water- efficient landscape plan approval, when applicable under PHMC § 18.52.030.A, B, C, D, or E, is reviewed in conjunction with a zoning approval, building permit, architectural review permit, development plan, planned unit development, use permit, or subdivision. The zoning administrator shall review each water- efficient landscape plan submittal for compliance with the provisions of this chapter and may withhold issuance of zoning approval for a building permit or grading permit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or does not otherwise comply with this chapter.

5.4 Submittal requirements. An applicant requesting zoning approval for any project that is subject to this chapter shall submit a water-efficient landscape application package prior to commencement of grading or construction. The landscape application package shall include:
a. Project information sheet, on a form prepared by the zoning administrator, identifying the applicant name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated.
b. Certifications as required in PHMC § 18.52.090 on forms prepared by the zoning administrator.
c. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan on forms prepared by the zoning administrator. d. Landscape and irrigation plan prepared in accordance with PHMC

18.52.060 and 18.52.070.
e. Maintenance schedule prepared consistent with the provisions of PHMC

18.52.100.
f. Soil management report prepared consistent with the provisions of PHMC

18.52.060.

Waiver for low water use landscapes. The zoning administrator may waive the requirement for submittal of the water efficient landscape worksheet required by this section; provided, that the landscape plan:
a. Does not include any water features with more than 100 square feet of total surface area.
b. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area.

5.5 The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following standards (the applicable best management practices):

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Packet Pg. 215 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

Required elements. The landscape plan shall address:
a. Plant Materials;
b. Irrigation system design;
c. Water features; and
d. Grading and soil preparation
The landscape plan shall be subject to the requirements of the landscape design certification form maintained by the zoning administrator, which shall be in substantially the form as set forth in Appendix C hereto.

5.6 The water- efficient landscape plan shall demonstrate that all the water- efficient landscape standards of PHMC § 18.52.060 have been met. The plan shall include details and specifications reflecting best management practices for water- efficient landscape design.
a. Planting plan. The planting plan shall include information identified in the certificate of compliance: landscape design form as maintained by the zoning administrator.
b. Irrigation plan. The irrigation plan shall include information identified in the certificate of compliance: landscape design form as maintained by the zoning administrator.
c. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES; PHMC Chapter 15.05) intended to implement storm water best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on- site retention and infiltration.

5.7 A landscape water audit shall be completed as specified in this section to ensure that the installed landscape meets the requirements of this chapter. a. Audit required. The city landscape irrigation auditor or an independent third party certified irrigation system auditor shall have an audit completed within 30 days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall have an auditing rate of one in seven lots or approximately 15% of the project.
b. Repair or correction. The city or independent third part y certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this chapter. This shall include, but is not limited to, all items listed on the certificates of compliance required for the project. The applicant or property owner shall repair or correct the noncompliance issues and the site shall be re-audited for compliance within 30 days of receipt of report from certified irrigation system auditor.

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Packet Pg. 216 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

5.8 Prior to final permit inspection or issuance of a certificate of occupancy, as applicable, for the project, the applicant shall submit completed certificates of compliance, on forms prepared by the zoning administrator, that the landscape has been designed and installed in accordance with the approved water-efficient landscape plan submittal and the requirements of this chapter. Required certificates of compliance shall include the following:
a. Design. The licensed landscape architect, licensed landscape contractor or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the certificate of compliance:
landscape design sheet, certifying the landscape has been designed to comply with the criteria of this section. ( See Appendix C.) b. Landscape installation. Applicant shall complete the certificate of compliance: landscape installation sheet, certifying the landscape has been installed, as specified in the landscape plans, and complies with this section.

See Appendix D.)
c. Irrigation installation. The certified irrigation system auditor shall complete the certificate of compliance: landscape installation sheet certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this section. (See Appendix D.)
d. Maintenance. The maintenance contractor/ person for a landscape project( s) involving more than one single-family residence, or the property owner/ resident for a landscape project for an individual single- family residence, shall complete the certificate of compliance: landscape maintenance sheet, certifying the landscape maintenance contractor/ person responsible for maintenance agrees to manage the property using less water than the maximum applied water allowance. ( See Appendix E.)

5.9 Applicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the certification of compliance specified pursuant to PHMC § 18.52.090 and shall specify, at a minimum:
a. An annual landscape maintenance schedule including at least the following:
routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating turf areas; topdressing with compost, replenishing mulch; seasonal pruning; weeding in all landscape areas; and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

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Packet Pg. 217 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

b. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. c. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable.

5.10 Model homes. All new model homes for a single- family residential subdivision or phase of a subdivision shall have front and corner ( street) side yards that are landscaped in accordance with the provisions of this chapter. At least one of the model homes shall include interpretive or informational signage highlighting for visitors the water- efficient landscape principles incorporated into the site landscaping. Signage shall include information about the site water use as designed per the city ordinance; specify who designed and installed the water- efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems and rainwater catchment system. The developer shall make available, to visitors, brochures or other written or graphic media that informs visitors and potential buyers about the principles of water- efficient landscapes, including but not limited to those principles that are described in this chapter.

5.11 Architectural guidelines. This chapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “ Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative.

5.12 Providing information. For a landscape project subject to this chapter under PHMC

18.52.030. A through D, the property owner/ resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant or owner at transfer of ownership or maintenance responsibility:
a. Irrigation controller map;
b. Programming table; and,
c. Annual maintenance schedules based on a water budget.

5.13 For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

6.0 General Landscape

6.1 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.

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Packet Pg. 218 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

6.2 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;
c. 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.

6.3 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 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.

6.4 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 5gallon. 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;

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Packet Pg. 219 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

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.

6.5 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 of 24" below subgrade; planters 3' to 10' wide shall have compaction relieved to a minimum depth of 18" below subgrade; planters more than 10' wide shall have compaction relieved to a minimum depth of 12" below subgrade;
f. Planters 10' or less in width in locations that will not allow normal 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 cannot be installed will require sub- drains if adequate surface drainage will not be provided;

6.6 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;

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Packet Pg. 220 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

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 over-spraying onto nonirrigated 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.

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

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

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

6.10 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.

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

6.12 During installation of landscaping 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.

6.13 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 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.

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Packet Pg. 221 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

6.14 The site shall be subject to annual compliance reviews by the Zoning Administrator from the approval date of Architectural Review Permit PLN 21-0294. 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.

7.0 Parking and Access

7.1 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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Packet Pg. 222 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

Engineering Conditions of Approval
490 Golf Club Road – CiA/SAHA
NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
PUBLIC WORKS – PROJECT SPECIFIC CONDITIONS
A. Improvements at Golf Club
Road. Applicant shall construct
new storm drain pipe at Golf Club
Road as generally shown on the
Vesting Tentative Map to the
satisfaction of the City Engineer.

Design shall be per City standards
and requirements.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
B. Site Improvements.

1. Applicant shall be
responsible for submittal
to the City construction
drawings, including but
not limited to, site
demolition plan, grading
plan, site improvement
plan, off-site improvement
plans, joint trench plan,
site lighting plan,
landscape and irrigation
plan, erosion control plan,
fencing plan, signing &
striping plan, and
construction details.

2. Proposed sanitary sewer
manhole at the southwest
area of the site shall be
located outside of
proposed crosswalk.

3. Pedestrian circulation and
walkways shall meet all
ADA requirements.

4. Crosswalk and curb ramps
shall be in alignment with
each other ( not skewed).

5. All on-site improvements
shall conform to existing
PW/ENGR Improvement Plans Approval of
Improvement
Plans

7.7.d
Packet Pg. 223 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
and proposed conditions
along all project
boundaries.

C. Adjacent Site Improvements.

1. Applicant shall provide
vehicular pavement,
parking, pedestrian
walkway, stormwater
treatment, landscaping
and irrigation along the
entry drive located on the
adjacent property as
generally shown on the
Vesting Tentative Map, to
the satisfaction of the City
Engineer.

2. Applicant shall provide
standard driveway at
connection to existing
adjacent Diablo Valley
College overflow parking
lot and provide
accessible pedestrian
connection across this
driveway.

3. Applicant shall obtain
written authorization
from the adjacent
property owner for access
and construction of
improvements. Copies of
authorizations shall be
submitted to the City.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
D. Phased Improvements.

1. Applicant shall submit a
phasing plan for review
and approval.

2. Pedestrian access and
circulation shall be
provided at each phase of
PW/ENGR Improvement Plans Approval of
Improvement
Plans

7.7.d
Packet Pg. 224 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
construction meeting
ADA requirements.

3. Emergency vehicle
access and circulation
shall be provided at each
phase of construction to
the satisfaction of the Fire
District.

4. Construction vehicle
access, circulation and
parking shall be separated
from employee/patron
vehicular access, to the
extent possible at each
phase of construction.

5. Stormwater treatment and
trash capture shall be
constructed with the
corresponding phase of
improvements being
treated. Temporary
facilities will not be
allowed.

E. Parking.

1. Parking layout shall be
consistent with the layout
shown on the approved
Vesting Tentative Map.

2. Parking design and
striping shall be in
conformance with City
requirements.

3. Parallel parking shall
have angled curbs in lieu
of perpendicular curbs at
ends of parking bays to
allow for vehicular
movement into and out of
parking stalls.

PW/ENGR Improvement Plans Approval of
Improvement
Plans

7.7.d
Packet Pg. 225 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion

4. Use of wheel stops are
discouraged. Widen
sidewalks adjacent to
parking stalls to allow for
2’ vehicular overhang.

F. Trash Room. Drainage interior of
the trash room shall be connected
to the sanitary sewer and not the
storm drain system.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
G. Site Grading.

Runoff shall be collected on-site
and not drain to adjacent
properties.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
H. Parcel Map.

Applicant shall submit a parcel
map for recordation in
conformance with the approved
Vesting Tentative Map,
Subdivision Map Act and City
ordinances.

Applicant shall provide parcel
map submittals, cost estimate,
and Improvements Bonds for
review and approval per
approved Vesting Tentative Map
and Conditions of Approval
herein.

PW/ENGR Parcel Map Parcel Map
I. On-Site Easements.

1. Applicant shall dedicate
easements, including but
not limited to, public
sidewalk easements,
public utility easements,
emergency vehicle access
easements, storm drain
easements, private access
and utility easements,
private reciprocal parking
easements, waterline
PW/ENGR Parcel Map Parcel Map

7.7.d
Packet Pg. 226 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
easements, sanitary sewer
easements, and storm
treatment facility
easements, to the extent
needed.

2. Applicant shall dedicate
private storm easement( s)
over the overland release
path at all lots and parcels
accepting runoff from
upstream lots.

3. Applicant shall dedicate
private storm easement( s)
over storm drain pipes and
structures conveying
runoff from upstream
lots/parcels.

4. Applicant shall dedicate
storm drain treatment
easements over all
stormwater treatment
areas.

5. Public utility easements
adjacent to private streets
shall be dedicated as
Public Utility Easements.

6. Applicant shall obtain
easements as necessary
from the adjacent
property owner over the
entry drive including but
not limited to, emergency
vehicle access easement
EVAE), private access
and utility easement
PAUE), private
reciprocal parking
easement ( RPE).

All easements shall be subject to
approval of the City Engineer.

7.7.d
Packet Pg. 227 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
J. Geotechnical Report.

1. The Applicant shall
provide a site specific
geotechnical report
prepared by a
geotechnical engineer.

2. The geotechnical
engineer shall certify that
the project design
conforms to the report
recommendations prior to
the approval of the
Grading and
Improvement Plans. All
report recommendations
shall be followed during
the course of grading and
construction.

3. 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 / or cut-off walls are
necessary.

PW/ENGR Improvement Plans Improvement
Plans
K. Site Plan. On-site improvements
shall be designed in accordance
with the approved project plans,
Conditions of Approval herein,
and in conformance with the
Geotechnical Report and the City
design standards & ordinances.

In case of conflict between the
soil engineer’ s recommendations
and the City ordinances, the City
Engineer shall determine which
shall apply.

PW/ENGR Improvement Plans Approval of
Improvement
Plans

7.7.d
Packet Pg. 228 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
L. Public Improvements.

All required public
improvements as specified in the
project approvals shall conform
to the City of Pleasant Hill
Standard Plans and design
requirements and as approved by
the City Engineer.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
M. Grading Plan. The Grading Plan
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.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
N. Ownership and Maintenance.

Applicant shall submit an
Ownership & Maintenance
Exhibit. All improvements within
the project boundary shall be
privately owned and maintained.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
O. Demolition. Applicant shall
remove existing structures,
pavement, fencing, loading dock,
lighting, trees, vegetation, field
inlet, signage, improvements and
utilities within the project limits
except those noted to remain.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
P. Signs and Pavement Markings.

The Applicant/Developer shall be
responsible for on- site and offsite traffic signs and pavement markings to the satisfaction of the
City Engineer, including but not
limited to:

1. “ No Dumping- Drains to
Bay” storm drain
PW/ENGR Improvement Plans Acceptance of
Improvements/
Occupancy

7.7.d
Packet Pg. 229 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
medallions shall be
placed on all public and
private storm drain inlets.

2. Emergency vehicle
access.

3. No parking signage and
striping.

4. Accessible parking
signage and striping.

Q. Retaining Walls. All retaining
walls including footings shall be
constructed onsite and shall not
encroach onto adjacent private
properties.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
R. Underground Utilities. All
public utilities shall be located
underground and provided within
public utility easements and sized
to meet utility company standards.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
S. Hydrology and Hydraulic
Calculations. Hydrology and
Hydraulic Calculations shall be
provided for design of the storm
drain system. Calculations shall
be for the 25- year storm event, 6-
hour duration, and zero net runoff
post- construction peak and
volume values shall not exceed
pre- construction peak and volume
values).

PW/ENGR Improvement Plans Approval of
Improvement
Plans
T. Stormwater Treatment.

1. The project shall
incorporate storm water
treatment measures to
address the requirements
of Provision C.3 of the
current Regional Water
Quality Control Board
RWQCB) Municipal
Regional Permit ( MRP)
PW/ENGR Improvement Plans Approval of
Improvement
Plans

7.7.d
Packet Pg. 230 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
to the satisfaction of the
City Engineer.

2. Depth of stormwater
treatment basins shall be
designed to minimum
depths as required by the
calculations and per the
recommendations set forth
in the Stormwater C.3
Guidebook. Basins shall
be a maximum depth of 18
inches.

3. Applicant shall submit
calculations for all
stormwater treatment
areas, including selftreating areas meeting the
recommendations set
forth in the Contra Costa
County Stormwater C.3
Guidebook.

4. Side slopes of treatment
areas shall be 3:1
maximum.

5. Stormwater treatment
basins shall not include
impervious liners along
the bottom of the basins.

Impervious liners are
allowed only along the
sides of the basins per the
City of Pleasant Hill
requirements.

6. Drawdown time of
treatment areas shall be in
conformance with vector
control requirements.

7. Hydromodification will
be required if the postconstruction impervious
surface area exceeds the
pre- construction

7.7.d
Packet Pg. 231 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
impervious surface area.

Hydromodification
measures shall be shown
on the improvement
plans.

U. Trash Capture. The project shall
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 Engineer.

PW/ENGR Improvement Plans Acceptance of
Improvements/
Occupancy
V. Trash Capture / Stormwater
Treatment Measures
Maintenance Agreement.

Property owner shall enter into an
Agreement with the City of
Pleasant Hill that guarantees the
property owners’ perpetual
maintenance obligation for all
stormwater treatment and trash
capture measures installed as part
of the project. The Agreement
shall be recorded against the
property and shall run with the
land.

PW/ENGR Parcel Map Parcel Map
W. Patch Pave. Applicant shall
patch pave any damaged or failed
pavement areas, slurry seal and
restripe Golf Club Road within
limits of work, as directed by the
City Engineer.

PW/ENGR Improvement Plans Acceptance of
Improvements/
Occupancy
X. Regulatory Agency Permitting.

Applicant shall be responsible to
obtain all necessary permits from
appropriate regulatory agencies,
such as the U.S. Army Corps of
Engineers, State Department of
PW/ENGR Grading Permit
Issuance / Final Map
Prior to Grading
Permit Issuance
and Final Map
Recordation

7.7.d
Packet Pg. 232 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
Fish and Wildlife, and State
Regional Water Quality Control
Board, for construction of project
improvements. Applicant shall
submit to the City copies of all
such approvals and permits or
show that such permits are not
necessary.

Y. Grading Permit. Applicant shall
obtain a grading permit for all onsite improvements, issued through the Public Works Department.

PW/ENGR Construction Prior to
commencement
of work
Z. Encroachment Permit.

Applicant shall obtain an
encroachment permit for all
improvements within the public
right- of-way, issued through the
Public Works Department.

PW/ENGR Construction Prior to
commencement
of work
AA. Traffic Control Plan.

Closing of any existing public
right- of-way vehicular or
pedestrian pathway and/or
sidewalk during construction
shall be implemented through a
Traffic Control Plan and shall be
done with the goal of minimizing
the impact on vehicular and
pedestrian circulation. The
Traffic Control Plan is subject to
review and approval of the City
Engineer.

PW/ENGR Construction Start of
Construction
and On- going
as needed
BB. Erosion Control During
Construction.

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
PW/ENGR Improvement Plans Ongoing

7.7.d
Packet Pg. 233 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
to the City’ s NPDES permit
between October 1st and April
15th or beyond these dates if
dictated by rainy weather, or as
otherwise directed by the City
Engineer.

CC. Construction Noise
Management 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
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.

PW/ENGR Improvement Plans Ongoing
DD. Construction Hours. The
Subdivider’s contractor 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 5
p.m. Monday thru Friday only,
and shall be prohibited on all
weekend days and City
holidays. Construction activity,
PW/ENGR During Construction Ongoing

7.7.d
Packet Pg. 234 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
limited to interior work is
permitted on Saturdays between
the hours of 9 a.m. and 6 p.m.
only. All Grading/Construction
activities are prohibited on
Sundays and on City recognized
holidays. 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
parking nor staging of
construction trucks or equipment
are allowed on Golf Club Road,
nor other neighboring streets.

EE. Temporary Fencing.

Temporary 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.

PW/ENGR Construction Ongoing
FF. Notification to Adjacent
Property Owners. Applicant
shall notify all adjacent property
owners of construction. Copies of
notifications shall be furnished to
the City Engineer.

PW/ENGR Construction Prior to
Issuance of
Grading Permit
GG. Traffic Mitigation Fee:

Applicant shall pay Traffic
Mitigation Fee as applicable at
time of building permit issuance.

PW/ENGR Building Permit Prior to
Issuance of
Building Permit

7.7.d
Packet Pg. 235 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
HH. Improvement Agreement.

Applicant shall enter into an
Improvement Agreement with
the City guaranteeing all
proposed improvements per the
City ordinances and City
Standard Conditions of
Approval.

PW/ENGR Final Map Final Map
II. Trench Cut Street Restoration.

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.

PW/ENGR Construction Acceptance of
Improvements/
Occupancy
JJ. Utility Vaults. To the maximum
extent practicable, all utility
vaults, boxes and structures shall
be underground and placed in
landscape areas and screened
from public view. All above
ground vaults, boxes and
structures shall be 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.

PW/ENGR Improvement Plans Approval of
Improvement
Plans
KK. Underground Obstructions.

Prior to demolition, excavation
and grading on any portion of the
project site, all underground
PW/ENGR Grading Permit Prior to
Construction of
Improvements

7.7.d
Packet Pg. 236 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

NO. CONDITIONS OF

APPROVAL
Department Submittal Required,
Prior to:

Task
Completion
obstructions ( i.e. debris, septic
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 Engineer.

LL. Damage/Repairs. The Applicant
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.

PW/ENGR Construction Acceptance of
Improvements/
Occupancy

7.7.d
Packet Pg. 237 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

PUBLIC WORKS DEPARTMENT

STANDARD CONDITIONS OF APPROVAL

1. General Authority Required

1.1 The Project shall comply with all applicable requirements of the City’ s Municipal Code.

1.02.030 X

1.2 Grading/ Drainage Permits: Grading/ Drainage permit(s) shall be obtained from the Public Works Department for the
proposed earthwork in excess of 200 cubic yards.

15.10.030C15 X

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

11.05.020 X

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

Various X

1.5 Street and Site design shall conform with City of Pleasant Hill Public Works Standards.

Reso 87-00 X

1.6 Applicant/ Developer is responsible for lighting and landscape maintenance through Lighting and Landscaping
Maintenance Assessment Districts or any other method of maintaining the lighting and landscaping approved as part of this project. Applicant/ Developer shall provide any exhibits required for the annexation. In addition,
Applicant/ Developer shall pay all administrative costs and fees associated with processing the annexation.

X
2 Fees (see fee schedule).

2.1 The Developer shall pay encroachment permit plan check and inspection fees prior to the commencement of
construction.

11.05.050 X

2.2 The Developer shall pay grading permit plan check, issuance and inspection fees prior to the issuance of the grading permit.

11.05.050,

15.10 090,

15.10.100
X

2.3 The Developer shall pay subdivision improvement plan and final map plan check fees upon submittal of the plans for review. The Developer shall pay inspection fees prior to the approval of the final map.

17.35.050,

17.20.070
X

2.4 The Developer shall pay third party review fees (cost plus 10%) upon submittal of the plans or reports for review.

15.10.080 X

7.7.d
Packet Pg. 238 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

2.5 Traffic mitigation fees shall be paid in accordance with the Traffic Mitigation Fee Ordinance. Fee shall be paid prior to issuance of building permits except for residential
development. Fees for a residential development shall be paid prior to the issuance of a certificate of occupancy.

Ord 779 X

2.6 Drainage Area fees established by the Contra Costa County Flood Control and Water Conservation District shall be paid in accordance with regulations establishing the Drainage Area. Payment shall be made prior to the issuance of a
building permit.

Reso 53-97
Reso 124-00
X
3 Bonding and Agreements

3.1 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.

11.05.090,

15.10.170,

17.35.070
X

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

17.35.070C1 X

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.

17.35.070C3 X

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

15.10.170 X

3.5 A Performance Bond and Payment Bond shall be submitted to the City prior to issuance of encroachment permits as required by the City Engineer or designee. The bond
amount shall include costs of work zone traffic control including restoring the pavement delineation.

11.05.090 X

3.6 A Cash bond of $1000 shall be submitted to the City prior to issuance of grading permits.

11.05.090,

15.10.170
X

3.7 Faithful Performance and Material Bond shall be submitted to the City for new public improvements in compliance with Subdivision Agreement requirements and prior to
recordation of the final map or parcel map.

17.35.070B X

3.8 Maintenance (Guarantee and Warranty) Bond: Developer shall provide a bond or other acceptable financial
assurance to the City at the completion of construction of

17.35.070D X

7.7.d
Packet Pg. 239 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

the permitted public improvements. The bond amount shall be in the amount of 15 percent of the approved
improvement construction estimate. The Bond shall be held for one year following completion and acceptance of the improvements. The purpose of the assurance is to correct defective work and to resolve outstanding labor and
material payment claims.

3.9 The Developer shall enter into a Subdivision Improvement Agreement with the City prior to recordation of the final map.

17.35.060 X

3.10 If subdivision improvement construction deferment is warranted (as determined by the City Engineer and City
Attorney), the Developer shall enter into a Deferred
Improvement Agreement with the City. The deferred
improvement agreement shall be recorded with the final or parcel map.

17.35.040 X

3.11 Agreement work scope shall be approved by the City Engineer. Agreement forms shall be approved by the City Attorney and shall be recorded at the Office of the Contra Costa County Recorder with the final map.

17.35.040,

17.35.060
X

3.12 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
occupancy.

PW Std X

3.13 The record map and as-built construction and grading drawings shall be provided to the City on mylar and in a CAD file format compatible with the City’s system, prior to release of subdivision improvement bonds.

17.35.100 X
4 Grading

4.1 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.

15.10.070 X

4.2 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
mitigate impacts of the development.

15.10.070 X

7.7.d
Packet Pg. 240 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

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 Department prior to issuance of a grading permit. The plans must conform to the City's Public Works Standards for Public Improvements." The plans shall include, but not be limited to: drainage, frontage improvements, utilities, and earthwork.

15.10.100 X

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

15.10.070 X

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

15.10.280 X

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

15.10.280 X

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.

15.10.110 X

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.

15.10.110 X

4.9 Grading on hillside land where unstable soils have been identified will be restricted to the time period between April 15 and October 15.

15.10.230 X

4.10 The Developer's contractor shall limit grading operations from 7:30 a.m. to 7:00 p.m. daily, except Sunday when grading is prohibited.

15.10.200 X

4.11 The Developer's contractor shall limit construction of the building from 7:30 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m., during Saturday and Sunday.

UBC X

4.12 Subdrains shall be shown on the grading plans. PW Std X

4.13 Mylar as-built grading plans signed by soils engineer shall be submitted to the Public Works Department prior to the
issuance of a Certificate of Occupancy.

PW Std X
5 Drainage

7.7.d
Packet Pg. 241 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

5.1 Any stormwater facilities proposed shall be designed to accommodate access and maintenance. Stormwater
facility design shall be subject to approval by the
Department of Public Works prior to the issuance of any grading permits.

15.05.050E X

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 6 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 Engineer.

15.10.280,
PW Std C7
X

5.3 The Developer shall design and install improvements, including off site improvements such as flap gates and head walls to minimize the occurrence of localized flooding.

Improvements shall meet with the approval of the City
Engineer.

PW Std C7 X

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

17.35.020C X

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

17.35.020C X

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

PW Std C7 X

5.7 Culverts shall be designed to convey 25 year - 6 hour event. PW Std C7 X

5.8 Minimum culvert size is 18 inches. PW Std C7 X

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

PW Std C7 X

5.10 Minimum drainage easement width shall be 10 feet. PW Std C7 X

5.11 All drainage facilities shall be designed with “positive drainage”.

PW Std C7 X
6 Utilities

6.1 Other agencies: obtain those permits required by other agencies having jurisdiction within construction area.

11.050.040,
PW Std C4
X

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

PW Std C4 X

6.3 Underground Utility Connections shall be made by bore/jack methods unless the street overlay work can be coordinated

11.050.120 X

7.7.d
Packet Pg. 242 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

so that it is concurrent with the project construction. Plans shall include details of receiving pits.

6.4 All utility facilities shall be placed underground. PW Std C4 X

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 and dedicated as such on the Final Map.

PW Std C4 X
7 Stormwater Pollution Prevention

7.1 If the project disturbs 1 acre of land or more 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 Department prior to issuance of a grading permit.

RWQCB Reg X

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.

NPDES
Permit
Mandate
X

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 drainage system, to the maximum extent practicable.

NPDES
Permit
Mandate
X

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.

NPDES
Permit
Mandate
X

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.”
NPDES
Permit
Mandate
X

7.6 All permitted project storm drain inlets shall be imprinted with No Dumping Drains to Bay” by embossing, placement of
thermoplastic stencil, or placement of markers.

NPDES
Permit
Mandate
X

7.7 The Developer shall submit a Stormwater Pollution Prevention SWPPP) for approval by the City Engineer, prior to approval of the Final Map. 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 PW Std. C6C X

7.7.d
Packet Pg. 243 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

that pollutant discharges will not occur. The Developer shall implement the approved plan during construction.

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.

15.05.050 X

7.9 The Developer shall submit an Operations and Maintenance O&M) Plan for all stormwater treatment and detention
facilities for approval by the City Engineer, prior to the issuance of a Certificate of Occupancy. The O&M Plan shall be implemented by the Developer during construction and until the ownership and maintenance of the stormwater
facilities are transferred to a City approved maintenance entity.

15.05.050 X

7.10 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.

15.05.050 X
8 Peer Review

8.1 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.

17.030.070,

15.10.080
X
9 Traffic

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

17.25.040 X
10 Streets

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

PW Std C3 X

7.7.d
Packet Pg. 244 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

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

PW Std C3 X

10.3 ADA accessibility shall be provided in compliance with Title

24. PW Std C3 X

10.4 Concrete sidewalks shall be installed on both sides of street. PW Std C3 X

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

PW Std C3 X

10.6 Streetlights shall be designed in conformance with Table 3 of the PW Std.

PW Std C3 X

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

PW Std C3 X

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

PW Std C3 X

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

PW Std C5 X

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.

PW Std C5 X
11 Miscellaneous

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

PW Dept
Recommend
N/A

11.2 Trash/ Recycling enclosures shall be designed with a cover and screening.

PW Dept
Recommend
X

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 50% of all construction and
demolition debris shall be diverted, and shall include the applicable performance security.

14.40.050 X
12 Floodplain Development

12.1 All projects located within the AE (100 Year) Flood Zone shall conform to all FEMA regulations and City of Pleasant Hill ordinances for work within the floodplain.

15.15 X

7.7.d
Packet Pg. 245 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

7.7.d
Packet Pg. 246 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING A REQUEST TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE
ALLOCATION OF 2022 BRIDGE INVESTMENT PROGRAM GRANT
FUNDS

SYNOPSIS
The purpose of this item is to consider adopting a Resolution to authorize the City Engineer to request the allocation of Bridge Investment Program grant funds. The City is submitting a grant proposal to rehabilitate or replace the Grayson Creek Bridge at Elinora Drive, which will assist the City in maintaining a safe and efficient transportation network.

DISCUSSION
Background
The Bridge Investment Program (BIP) grant is a U.S. Department of Transportation (USDOT) federal-aid program. The BIP is part of the Bipartisan Infrastructure Law (BIL), which was enacted as part of the Infrastructure Investment and Jobs Act. The BIP provides $2.4 billion in 2022 grant funding to improve bridge conditions and the safety, efficiency, and reliability of the movement of people and goods over bridges.

The BIP has two components: Large Bridge Projects (over $100 million) and Bridge Projects (up to $100 million). Grant funds may be used for planning, design and construction for qualifying bridges, which are listed on the National Bridge Inventory (NBI).

The City owns and maintains 34 bridges. There are 16 long-span bridges and 18 short-span bridges. The California Department of Transportation (Caltrans) inspects the long-span bridges every 24 to 48 months through a federally mandated program. Caltrans provides the City with each bridge inspection report, which identifies needed repairs. The City hires a consultant to inspect the short-span bridges. Licensed engineers with expertise in structures conduct all of the City’s bridge inspections.

BIP grant funds may be used for bridge replacement, rehabilitation, preservation, and protection.

Selection of bridge award evaluates bridge safety needs, how to improve a bridge with a

7.8 Packet Pg. 247
sufficiency rating less than 80 for which the City would anticipate a “poor” condition within the next three years, and bridges that require compliance with current design standards.

Analysis
The Grayson Creek Bridge at Elinora Drive meets the requirements for BIP grant funds for bridge replacement or rehabilitation. The Caltrans inspection report shows overall that the bridge is in “fair” condition, but that the bridge is considered structurally deficient with a corresponding sufficiency rating of 63.1 (below 80). Other qualifying bridges with sufficiency ratings below 80 include: the Grayson Creek Bridge at Milburn Drive (sufficiency rating of

79.0); Monument Boulevard Bridge at Walnut Creek Flood Control Channel (71.9); and Norse Drive Bridge at Contra Costa Canal (78.5). The Grayson Creek Bridge at Elinora Drive was selected for the BIP application because it has the lowest sufficiency rating of all grant-eligible bridges.

The application for grant funds includes preliminary engineering, environmental analysis, and construction. If the application is successful, construction is anticipated to begin in 2025.

FISCAL IMPACT
Rehabilitation or replacement of the Grayson Creek Bridge at Elinora Drive is estimated to cost $3,250,000. Eligible project costs may account for 90% of the total cost for off-system bridges.

The required local match funding is $325,000, which represents 10% of the grant amount. The local match may be met by re-prioritizing projects identified in the Citywide Bridge Maintenance Program (M-5) and allocating resources from the Traffic Mitigation Fund (06).

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
Staff recommends adopting the proposed Resolution.

ALTERNATIVES TO RECOMMENDED ACTION
If the City Council chooses not to adopt the proposed Resolution, staff will not proceed with the USDOT grant application.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Deirdre Castillo, Senior Civil Engineer

7.8 Packet Pg. 248
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, Acting City Manager

7.8 Packet Pg. 249
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING A REQUEST TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE ALLOCATION OF 2022 BRIDGE INVESTMENT PROGRAM GRANT FUNDS WHEREAS, the Bridge Investment Program (BIP) grant is a U.S. Department of Transportation (USDOT) federal-aid program and is part of the Bipartisan Infrastructure Law (BIL), which was enacted as part of the Infrastructure Investment and Jobs Act; and WHEREAS, the USDOT is the agency designated to evaluate, program, and administer BIP funds; and
WHEREAS, USDOT announced a call-for-project to local agencies, including the City of Pleasant Hill, inviting them to submit grant proposals to request BIP funds for the Fiscal Year 2022-2023; and
WHEREAS, the City of Pleasant Hill is eligible to request funds to rehabilitate or replace the Grayson Creek Bridge at Elinora Drive (Project); and WHEREAS, the cost of the Project is estimated to be $3,250,000, which includes a local match of $325,000 (10%).

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City of Pleasant Hill declares it is eligible to request an allocation of BIP grant funds pursuant to Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act; and furthermore, be it
RESOLVED, that the City Engineer is authorized to request for BIP grant funds; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be included in the application to USDOT. [Signatures on the Following Page]

7.8.a
Packet Pg. 250 Attachment: Proposed Resolution (Bridge Investment Program Grant Application) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 12th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

7.8.a
Packet Pg. 251 Attachment: Proposed Resolution (Bridge Investment Program Grant Application)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

ENGINEER TO SUBMIT A REQUEST TO THE METROPOLITAN
TRANSPORTATION COMMISSION FOR THE ALLOCATION OF 2022

ONE BAY AREA GRANT FUNDS AND AUTHORIZING THE CITY TO

PARTNER WITH THE CONTRA COSTA TRANSPORTATION

AUTHORITY ON A COUNTYWIDE MULTI-AGENCY GRANT
PROPOSAL UNDER THE 2022 ONE BAY AREA GRANT PROGRAM

SYNOPSIS
The purpose of this item is for the City Council to consider adopting a resolution authorizing the following actions:

1. Authorizing the City Engineer to submit a request to the Metropolitan Transportation Commission for the allocation of 2022 One Bay Area Grant funds; and

2. Authorizing the City to partner with the Contra Costa Transportation Authority on a countywide multi-agency grant proposal under the 2022 One Bay Area Grant Program.

The Contra Costa Transportation Authority is the sponsoring and leading local agency.

DISCUSSION
Background
The One Bay Area Grant (OBAG) guides how MTC distributes federal transportation funds from the Federal Highway Administration to projects and programs that improve safety, spur economic development, and help the Bay Area meet climate change and emission goals.

Pursuant to the Metropolitan Transportation Commission Resolution No. 4505, OBAG Cycle 3 is for four years from 2022 to 2026. The City of Pleasant Hill is eligible under the Smart Signals component of OBAG. The Smart Signal fund has $28.4 million available to jurisdictions.

OBAG Cycle 3 call-for-project was announced on May 20, 2022. The grant proposal submittal deadline is September 15, 2022. A local match of 11.47% is required. OBAG has a Smart Signals component, which requires an Authority-led countywide multi-agency effort. The Contra Costa Transportation Authority (CCTA) is the sponsoring and leading local agency. CCTA is leading an effort to prepare a grant proposal for a Countywide Smart Signals Project to upgrade traffic signal systems and communication technologies throughout its 19 cities/towns and

7.9 Packet Pg. 252
unincorporated communities, and transit agencies. The City of Pleasant Hill is invited to partner with CCTA, and to support and collaborate with CCTA. Within the Pleasant Hill city limits, the project study area includes 15 city-owned traffic signals on two street corridors, namely Contra Costa Boulevard and Monument Boulevard (Exhibit A). As a participating local agency, the City of Pleasant Hill is eligible to request an allocation of OBAG grant to fund improvements within the Pleasant Hill city limits.

Analysis
Within the Pleasant Hill city limits, the estimated project cost is $970,000. On behalf of the City of Pleasant Hill, CCTA will request $859,000 in OBAG Cycle 3 funds. The City of Pleasant Hill is required to provide a local match of $111,000, which represents 11.47% of the project cost.

All cost estimates are preliminary and will be finalized by CCTA. If awarded an OBAG grant, CCTA will execute all project administration, contracting, financing, accounting, and implementation. The City of Pleasant Hill will be eligible for reimbursement on project expenses, such as staff time and construction inspection time incurred less the portion on City local match of $111,000.

FISCAL IMPACT
The Countywide Smart Signals Project is estimated to cost $970,000. The OBAG grant will fund $859,000, which represents 88.53% of the project cost. The required local match is $111,000, which represents 11.47% of the project cost. The local match may be met by re-prioritizing other CIP projects or contributions from Measure K and Traffic Mitigation Fund (06).

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
Staff recommends the City Council adopt the proposed resolution:

1. Authorizing the City Engineer to submit a request to the Metropolitan Transportation Commission for the allocation of 2022 One Bay Area Grant funds; and

2. Authorizing the City to partner with the Contra Costa Transportation Authority on a countywide multi-agency grant proposal under the 2022 One Bay Area Grant Program.

The Contra Costa Transportation Authority is the sponsoring and leading local agency.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may choose not to adopt a Resolution authorizing the City Engineer to submit a request to MTC for 2022 OBAG funds and partner with CCTA. Staff does not recommend this alternative as it will preclude the City of Pleasant Hill from applying for OBAG funds and forestall an opportunity for the City to partner with CCTA and improve traffic signal systems in Pleasant

7.9 Packet Pg. 253
Hill.

ATTACHMENT(S):

Proposed Resolution
Exhibit A - Project Location Map
Prepared by: Philip Ho, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, Acting City Manager

7.9 Packet Pg. 254
RESOLUTION NO. -22

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

AUTHORIZING THE CITY ENGINEER TO SUBMIT A REQUEST TO THE

METROPOLITAN TRANSPORTATION COMMISSION
FOR THE ALLOCATION OF 2022 ONE BAY AREA GRANT FUNDS AND

AUTHORIZING THE CITY TO PARTNER WITH CONTRA COSTA TRANSPORTATION

AUTHORITY ON A COUNTYWIDE MULTI-AGENCY GRANT PROPOSAL
UNDER THE 2022 ONE BAY AREA GRANT PROGRAM
WHEREAS, the One Bay Area Grant guides how Metropolitan Transportation Commission distributes federal transportation funds from the Federal Highway Administration to projects and programs that improve safety, spur economic development, and help the Bay Area meet climate change and emission goals; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is the regional transportation planning agency for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, MTC is the designated Metropolitan Planning Organization (MPO) for the nine-county San Francisco Bay Area region; and
WHEREAS, MTC is the designated recipient for federal funding administered by the Federal Highway Administration (FHWA) assigned to MTC for the programming and administration of One Bay Area Grant (OBAG) Cycle 3 funds; and WHEREAS, the Contra Costa Transportation Authority (CCTA) is leading an effort to prepare a Countywide Smart Signals multi-agency grant proposal. CCTA invited the City of Pleasant Hill to partner with CCTA, and to support and collaborate with CCTA. CCTA is the sponsoring and leading local agency; and
WHEREAS, within the Pleasant Hill city limits, the grant proposal study area includes a total of 15 city-owned traffic signals on two major street corridors. The project will upgrade the traffic signal systems and communication technologies on these corridors, and will benefit the City of Pleasant Hill, as well as Contra Costa County and Caltrans; and WHEREAS, within the Pleasant Hill city limits, the Countywide Smart Signals Project estimated cost is $970,000. The required local match fund is about $111,000 which represents

11.47% of the project cost. On behalf of Pleasant Hill, the Contra Costa Transportation Authority will request OBAG funds of $859,000, which represents 88.53% of the project cost; and WHEREAS, as a participating local agency, the City of Pleasant Hill is eligible to request the OBAG funds to fund improvements in Pleasant Hill; and

7.9.a
Packet Pg. 255 Attachment: Proposed Resolution CCTA (OBAG CCTA Smart Signals) WHEREAS, if awarded an OBAG grant, the Contra Costa Transportation Authority will execute all project administration, contracting, financing, accounting, and implementation. The City of Pleasant Hill will be eligible for reimbursement on project expenses such as consultant fee, staff time, and construction inspection time incurred less the portion of local match of up to $111,000.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City of Pleasant Hill declares it is eligible to request an allocation of 2022 One Bay Area Grant funds; and furthermore, be it
RESOLVED, that the City Engineer is authorized to submit a request for an allocation of 2022 One Bay Area Grant funds; and furthermore, be it
RESOLVED, that the City is authorized to partner with the Contra Costa Transportation Authority on a multi-agency-agency grant proposal under the 2022 One Bay Area Grant Program.

The Contra Costa Transportation Authority is the sponsoring and leading local agency; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, county association of governments, as the case may be, of Contra Costa County for submission to US Department of Transportation.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 12th of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

7.9.a
Packet Pg. 256 Attachment: Proposed Resolution CCTA (OBAG CCTA Smart Signals) AMG Presentation

7.9.b
Packet Pg. 257 Attachment: Exhibit A - Project Location Map (OBAG CCTA Smart Signals)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ADOPTING THE 2022 LOCAL

ROADWAY SAFETY PLAN FINAL REPORT, ADOPT RESOLUTION
NO. ___-22 AUTHORIZING THE CITY MANAGER TO EXECUTE
PROGRAM SUPPLEMENT AGREEMENT NO. 00000A074, AND ADOPT
RESOLUTION NO. ___-22 AUTHORIZING THE CITY MANAGER TO
EXECUTE STATE MASTER AGREEMENT NO. 04-5375S21 FOR

STATE-FUNDED PROJECTS

SYNOPSIS
The purpose of this item is for the City Council to consider the following actions:

1. Adopt the proposed resolution adopting the 2022 Local Roadway Safety Plan Final Report; and

2. Adopt the proposed resolution authorizing the City Manager to execute Program Supplement Agreement No. 0000A074 for the 2022 Local Roadway Safety Plan; and

3. Adopt the proposed resolution authorizing the City Manager to execute State Master Agreement No. 04-5375S21 for State-Funded Projects.

The Local Roadway Safety Plan Final Report presents potential roadway hazard locations citywide and an action plan to prioritize and implement improvements for all modes of transportation. An adopted Local Roadway Safety Plan is required for the City of Pleasant Hill to be eligible to pursue current and future federal, State, and regional grant funds.

DISCUSSION
Background
Federal regulations require that the City of Pleasant Hill prepares and adopts a Local Road Safety Plan (LRSP) in support of the Strategic Highway Safety Plan (SHSP) mandate, a statewide approach to improve roadway safety. The SHSP addresses the 4E’s of traffic safety:

Engineering, Enforcement, Education, and Emergency Services.

The State of California, Department of Transportation (Caltrans), allocated a State grant to assist local agencies in preparing their Local Roadway Safety Plans. On June 9, 2022, staff requested the

7.10 Packet Pg. 258
allocated State grant and secured $80,000 to prepare an LRSP. The City is required to provide a local match of $8,000, which represents 10% of the project cost. On July 1, 2022, staff issued a Request for Proposals to three engineering firms, and received two proposals. Staff selected Advanced Mobility Group (AMG). On August 1, 2022, the City Council authorized the City Manager to execute a Professional Services Agreement with AMG for $40,000. On August 3, 2022, the City Manager executed an Agreement with AMG.

For the City to administer the State-funded LRSP, Caltrans requires the City to execute a Program Supplement Agreement (PSA) specific to LRSP. In addition, Caltrans requires the City to execute a new State Master Agreement (SMA) for State-Funded Projects.

Analysis
The Local Roadway Safety Plan is a data-driven citywide traffic safety plan. LRSP creates a framework to systematically evaluate and identify safety issues, create an action plan, and prioritize implementation. LRSP offers a proactive approach to addressing safety and affirming agency responsiveness. LRSP provides a framework for community stakeholder input, and facilitates local agency partnerships and collaboration. The Local Roadway Safety Plan Final Report presents potential roadway hazard locations and an action plan to prioritize and implement multi-modal transportation improvements citywide.

As a part of LRSP, the City conducted community outreach and held two virtual stakeholder meetings on August 10 and August 24, 2022. The LRSP Report reflects the City’s response to stakeholder concerns and comments. The LRSP Report identifies potential roadway hazards on street corridors and intersections citywide. It presents an action plan and prioritizes project implementation. The Local Roadway Safety Plan Final Report is the finished product of traffic engineering analyses, and reflects the transportation safety needs and values of stakeholders and the community at large.

The City is required to execute Caltrans Program Supplement Agreement (PSA) No. 00000A074 for LRSP. A PSA is a project-specific Agreement that formalizes the financial responsibilities and provisions for LRSP. It identifies the type and amount of State and local funds used to finance LRSP. It includes project-specific provisions and defines the City’s responsibilities in project execution. An executed PSA is required for Caltrans to reimburse the City. Since PSA is administrative in nature, staff recommends that the City Council authorize the City Manager to execute the PSA. This will streamline the grant administration and accounting process, and allow the City to receive reimbursement in a timely manner.

For the City to receive State grant funds and administer State-funded projects, Caltrans requires that the City executed State Master Agreement (SMA) No. 04-5375S21 for State-Funded Projects.

An SMA defines the general terms and conditions that the City must meet. It includes all phases of project execution including administration, financing, contracting, implementation, maintenance, compliance, and reporting. Since the SMA contains Caltrans standard provisions that apply to all local agencies, the SMA is routinely executed by local agencies with no customization or modifications. The SMA No. 04-5375S21 supersedes the prior SMA No. 04-000373, which was executed on June 7, 1999. Since the SMA is administrative in nature, staff recommends that the

7.10 Packet Pg. 259
City Council authorize the City Manager to execute the SMA. This will streamline the grant administration process, and allow the City to expedite State-funded projects.

FISCAL IMPACT
The adoption of the Local Roadway Safety Plan Final Report, the authorization of the City Manager to execute a Program Supplement Agreement, and the authorization of the City Manager to execute a State Master Agreement will have no adverse financial impacts. The required local match of $8,000 is available in Measure K, Pedestrian and Bicycle Program (MK-3).

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
Staff recommends the City Council take the following actions:

1. Adopt the proposed resolution adopting the 2022 Local Roadway Safety Plan Final Report; and

2. Adopt the proposed resolution authorizing the City Manager to execute Program Supplement Agreement No. 00000A074 for the 2022 Local Roadway Safety Plan; and

3. Adopt the proposed resolution authorizing the City Manager to execute State Master Agreement No. 04-5375S21 for State-Funded Projects.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decide not to adopt a resolution to adopt the Local Roadway Safety Plan Final Report. Staff does not recommend it, as the City will remain ineligible to pursue current and future federal, State, and regional grants.

The City Council may decide not to authorize the City Manager to execute Program Supplement Agreement No. 0000A074 for the Local Roadway Safety Plan. Staff does not recommend it, as it will preclude the City from streamlining the project administration and accounting process and from receiving grant reimbursements in a timely manner.

The City Council may decide not to authorize the City Manager to execute State Master Agreement No. 04-5375S21 for State-Funded Projects. Staff does not recommend it, as it will preclude the City from being eligible to administer State-funded projects including the Local Roadway Safety Plan.

ATTACHMENT(S):

Local Roadway Safety Plan Project Summary

7.10 Packet Pg. 260
Proposed Resolution – Adopting the Local Roadway Safety Plan Final Report Exhibit 1 - 2022 Local Roadway Safety Plan Final Report Proposed Resolution – Authorizing the City Manager to Execute a Program Supplement Agreement
Exhibit 1 - Program Supplement Agreement No. 00000A074 for Local Roadway Safety Plan
Proposed Resolution – Authorizing the City Manager to Execute a State Master Agreement Exhibit 1 - State Master Agreement No. 04-5375S21 for State-Funded Projects Prepared by: Philip Ho, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, Acting City Manager

7.10 Packet Pg. 261

LOCAL ROADWAY SAFETY PLAN

SUMMARY
September 7, 2022
Project Name 2022 Local Roadway Safety Plan (LRSP)
Project Limits City of Pleasant Hill - citywide
Project Description A study to evaluate and identify transportation safety hazards and issues. Create an action plan. Prioritize
implementation. Outreach to community
stakeholders.

Project Cost $80,000
State Grant Funding Agency Caltrans, District 4
LRSP State Grant $80,000
Local Matching Fund $8,000 or 10% of the Project Cost
Primary Problem Project Solves LRSP identifies potential roadway hazards on street corridors and at hot spots. Establishes an Action Plan.

Prioritizes implementation.

Secondary Problem Project Solves LRSP facilitates local agency partnerships and collaboration.

Lead Agency City of Pleasant Hill
Is Project in General Plan No.

Is a Conceptual Plan Available? No. It is outside the scope of LRSP.

Is additional ROW required? No.

Project Type Transportation Study. Multi-modal.

Traffic Safety Priority Essential.

Remarks Caltrans requires the City to prepare an LRSP. An adopted LRSP is required for the City to be eligible
to pursue current and future Federal, State, and
Regional grants.

Community Stakeholders Traffic Safety Commission Members City Police Department
Contra Costa County Fire Protection District
511 Contra Costa
County Connection
Mount Diablo Unified School District
East Bay Regional Park District
Pleasant Hill Chamber of Commerce
Pleasant Hill Tourism Improvement District
Pleasant Hill Downtown Property Owners (Vestar)

7.10.a
Packet Pg. 262 Attachment: Local Roadway Safety Plan Project Summary (Local Roadway Safety Plan & Agreements) RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADOPTING THE 2022 LOCAL ROADWAY SAFETY PLAN FINAL REPORT WHEREAS, the State of California, Department of Transportation (Caltrans) requires all local agencies including the City of Pleasant Hill to prepare a Local Roadway Safety Plan (LRSP) in order to be eligible to pursue current and future Federal, State, and Regional transportation grant funds; and
WHEREAS, the Local Roadway Safety Plan provides the City of Pleasant Hill with a citywide framework to develop an action plan and prioritize implementation to address multimodal transportation safety needs for all users including bicycles, pedestrians, and vehicles, and WHEREAS, on August 10 and August 24, 2022, City staff outreached to community stakeholders for their input on the Local Roadway Safety Plan, and City responses to stakeholder concerns and comments were addressed and reflected on the Local Roadway Safety Plan Final Report; and
WHEREAS, community stakeholders included the Traffic Safety Commission, City Police Department, Contra Costa Fire Protection District, 511 Contra Costa, County Connection, Mount Diablo Unified School District, East Bay Regional Park District, Pleasant Hill Chamber of Commerce, Pleasant Hill Tourism Improvement District, and Pleasant Hill Downtown Property Owners (Vestar); and
WHEREAS, in 2019, Caltrans allocated an LRSP State Grant of $80,000 to the City of Pleasant Hill to fund the preparation of a Local Roadway Safety Plan; and WHEREAS, on June 27, 2022, the City Council adopted Resolution No. 45-22 to authorize the City Engineer to submit a fund request to Caltrans for the LRSP State grant; and WHEREAS, on August 1, 2022, the City Council adopted Resolution No. 46-22 to authorize the City Manager to execute a Professional Services Agreement with Advanced Mobility Group to prepare a Local Roadway Safety Plan; and on August 3, 2022, the City Manager executed a Professional Services Agreement with Advanced Mobility Group for $40,000 to prepare a Local Roadway Safety Plan; and on September 7, 2022, the Local Roadway Safety Plan Final Report was completed;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:

Approves the 2022 Local Roadway Safety Plan Final Report dated September 7, 2022. [Signatures on Following Page]

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Packet Pg. 263 Attachment: Proposed Resolution - LRSP (Local Roadway Safety Plan & Agreements) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk
ATTACHMENTS:

Exhibit 1 - 2022 Local Roadway Safety Plan Final Report

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Packet Pg. 264 Attachment: Proposed Resolution - LRSP (Local Roadway Safety Plan & Agreements)

Market

City of Pleasant Hill
Local Road Safety Plan (LRSP)
September 7, 2022

FINAL REPORT

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Packet Pg. 265 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page i Table of Contents
I. Introduction ................................................................................................................................ 2 What Is An LRSP? ........................................................................................................................... 2 Safe System Approach ................................................................................................................... 3 II. Community Engagement ......................................................................................................... 4 III. Safety Analysis ......................................................................................................................... 6 Collision Data Source ..................................................................................................................... 6 Summary ........................................................................................................................................ 6 Pedestrian Collisions .................................................................................................................... 14 Bicycle Collisions .......................................................................................................................... 15 Collisions In Dark .......................................................................................................................... 17 DUI Involved Collisions ................................................................................................................. 18 Collisions - Unsafe Speed ............................................................................................................. 19 IV. Emphasis Areas And Strategies ........................................................................................... 20 V. Collision Profiles And Countermeasure Toolbox ................................................................. 21 VI. Funding, Implementation & Evaluation Strategies ........................................................... 27 Funding Opportunities ................................................................................................................. 27 Implementation Strategies .......................................................................................................... 27 Evaluation Strategies ................................................................................................................... 28

LIST OF FIGURES
Figure 1: Annual Collisions by Severity ....................................................................................................... 6 Figure 2: Collision Hot Spots ........................................................................................................................ 7 Figure 3: Top 10 Intersections and Corridors ............................................................................................... 9 Figure 4: Collision mode share by Severity ................................................................................................ 10 Figure 5: Collisions by Type ........................................................................................................................ 11 Figure 6: Collisions by Primary Collision Factor – Street Corridors ........................................................... 12 Figure 7: Collisions by Primary Collision Factor - At Intersections ............................................................ 13 Figure 8: Pedestrian Related Collisions ...................................................................................................... 14 Figure 9: Bicycle Related Collisions............................................................................................................ 15 Figure 10: Pedestrian and Bicycle Collisions near Schools ........................................................................ 16 Figure 11: Collisions in Dark ........................................................................................................................ 17 Figure 12: DUI Related Collisions ............................................................................................................... 18 Figure 13: Unsafe Speed Collisions ............................................................................................................. 19

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Packet Pg. 266 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 2 I. Introduction
The City of Pleasant Hill is committed to improving transportation safety of all its roadway network users. This Local Road Safety Plan (LRSP) provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads to create a prioritized list of issues, risks, actions, and improvements that can be used to reduce fatalities and serious injuries on Pleasant Hills’s local road network. The LRSP has been prepared in compliance with the State and Federal guidelines for eligibility to apply for Highway Safety Improvement Program (HSIP) funding. The LRSP has been developed in collaboration with engineering, enforcement, education, and emergency service strategies.

What Is An LRSP?
Adoption of a Local Roadway Safety Plan (LRSP) is seen as being consistent with the Contra Costa Transportation Authority (CCTA) Vision Zero framework. The process of preparing a LRSP creates a framework to identify and analyze safety problems and recommend safety improvements.

Specifically, AMG understands the LRSP shall address a Safe Systems Approach and Equity in the entirety of its approach. The LRSP shall be consistent with the Contra Costa Transportation Authority’s (CCTA) Vision Zero framework/method and the Countywide Vision Zero Policy and Implementation Guide for Local Agencies and will follow a process that is tailored to the community’s needs and issues.

The State Department of Transportation (Caltrans) requires all local agencies including the City of Pleasant Hill to have an adopted LRSP to be eligible to pursue certain current and future Federal, State, and Regional grant funding opportunities.

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Packet Pg. 267 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 3 Safe System Approach
The Safe System Framework strategy requires the following:

I. Anticipating Human Error
 Separating Users in Space – separate pedestrians, bicyclists, etc.  Increasing Attentiveness and Awareness
 Increasing Visibility
o “Daylighting” intersections
 Increasing Attentiveness
o warn drivers of the presence of pedestrians and bicyclists II. Accommodating Human Injury Tolerance
 Reduce Speeds – Changes to roadway designs, traffic calming treatments that reduce speeds
 Reduce Impact Forces – Increase crash survivability by reducing the impact forces to include intersection design

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Packet Pg. 268 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 4 II. Community Engagement
Pleasant Hill City staff engaged stakeholders to participate in a Safe System Approach to address concerns about safety for all modes of transportation. Listed below are stakeholders.  Traffic Safety Commission
 City Police Department
 Contra Costa County Fire District
 Mt. Diablo Unified School District
 County Connection
 511 Contra Costa
 Chamber of Commerce
 Tourism Improvement District
 Downtown Property Owners
City staff hosted a stakeholder meeting on
August 9, 2022. Attendees included
representatives of Traffic Safety Commission,
City Police Department, County Connection,
Chamber of Commerce, and Tourism
Improvement District members. A
presentation was made which explained the
purpose and objectives of the LRSP, reviewed
initial data and preliminary findings. Feedback
from the stakeholder meeting are as follows.

1. Observed pedestrian collisions are
alarming. How often pedestrians were at
fault? Permissive left turns on Contra Costa
Boulevard could be a reason. Leading
Pedestrian Interval (LPI) could be a
potential countermeasure.

2. Diablo Valley College is an area of concern
for collisions involving pedestrians.

3. Need to identify time-of-day of collisions
involving pedestrian to better understand
the extent school access safety issues.

4. Contra Costa Boulevard and Monument
Boulevard are high collision incident
corridors.

5. Speed is the main reason for collisions on
high collision corridors. Cars often run the
red lights. Redlight cameras could be a
possible solution but it comes with many
legal and administrative challenges.

6. Transit stops on Golf Club Road and on
Viking Drive have very high ridership.

Transit stops are at mid-block and
pedestrians often do not cross at the
nearest controlled safe crossings to reach
their destinations. This creates unsafe
crossing conditions.

7. The LRSP does not meet the requirements
of an Action Plan as defined by the U.S.

Department of Transportation.

City staff received additional stakeholder
feedback by email as follows.

1. Are protected pedestrian lead times long
enough on Contra Costa Boulevard,
Monument Blvd, etc.?

2. The intersection of Contra Costa Boulevard
and Doris Drive needs a traffic signal light,
even though it is in close proximity to two
adjacent signals. Doris Drive serves the
Grocery Outlet shopping center and the
densely populated Gregory Gardens
neighborhood. It is too busy of an
intersection to leave unsignalized. The
crosswalk flashing beacons are obscured by
cars in the turn lane. The left turn out of
Doris Drive is a safety hazard.

Without no signal, the median should
include a pedestrian refuge area. All left
turn movements should be blocked by a
raised median on Contra Costa Boulevard.

3. Installation of flashing crosswalk beacons
should be prioritized by danger level, rather
than by a desire to “complete the pattern”
of uniformly installing beacons at all Canal
Trail crossings. Case in point. The 4-lane
crosswalk on Morello Avenue at Viking
Drive should be given a higher priority than
other locations with shorter, 2-lane

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Packet Pg. 269 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 5 crossings. The Morello Avenue crossing
serves students attending Valhalla
Elementary School, Valley View Middle
School, College Park High School, and
Diablo Valley College.

4. The City seems to design new roadway
infrastructure without regards for bikes. On
Pleasant Hill Road south of Boyd Road, the
new raised median caused motorists to
swerve away (and into the bike lane) to
avoid a collision. It was a missed
opportunity to create protected bike lanes
on Santa Barbara leading into Pleasant Hill
Middle School, library, new homes, and
park. At the Canal Trail connection on
Taylor Boulevard (south side), bikes and
pedestrians were intentionally prohibited
from using the utility pathway (much lower
stress route) to reach the Mercury Way
intersection to the west. As it is,
pedestrians have to walk along Taylor
Boulevard (south side) or choose to disobey
signs and risk injury climbing the rock
barrier to access the natural attractor of the
pathway that’s set above/apart from Taylor
Boulevard. (I see this a lot.) Bicyclists who
stay on Taylor Boulevard (south side)
sidewalk are forced to ride the wrong way,
and to pick up the Canal Trail on the other
side of the Mercury Way intersection.

Developers should have been made to
provide a public trail connection as part of
permitting or mitigation for the project.

All new projects should be examined from
the bike/ped safety and comfort
perspective before design gets underway.

5. Pleasant Hill school zone speed limits
should be lowered to 20 MPH, like City of
Walnut Creek has done.

6. Lowering speed limits leading up to the
city’s most dangerous intersections should
be examined. The city should actively join
the speed camera lobby for statewide
approval.

A second stakeholder meeting was held on
August 24, 2022. Attendees included
representatives of Traffic Safety Commission,
City Police Department, Contra Costa County
Fire District, Mt. Diablo Unified School District,
511 Contra Costa, and Tourism Improvement
District members. Feedback from the
stakeholder meeting are as follows.

1. What are times when school aged children
are involved in collisions? Would like to
conduct school safety outreach. Will reach
out and coordinate with the school district.

School outreach and training is on going.

2. DUI related collisions are quite high on
Pleasant Hill Road. Should look into
conducting periodic DUI station
checkpoints.

3. With new state law, the City should evaluate
feasibility of implementing 20 mph school
zone speed limit.

4. In addition to spot treatment of high crash
intersections, LRSP should also look into
systemwide treatments.

5. Consider using of flashing No Right-Turn
signs at signals where there is heavy
pedestrian activity. It is used at several
locations in Walnut Creek and is effective.

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Packet Pg. 270 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 6 III. Safety Analysis
This chapter summarizes the results of a citywide collision analysis for the City of Pleasant Hill which will inform project prioritization and countermeasures.

Collision Data Source
Collision data for the five-year period from
January 1, 2017, through December 30, 2021,
was collected from SWITRS. The SWITRS data is
collected and maintained by the California
Highway Patrol (CHP) and contains all the
crashes that were reported to CHP from local
government agencies. SWITRS data was
geocoded using Google Maps to identify
geographic coordinates. The geocoded data was
spatially referenced and mapped in QGIS.

Summary
Collision Trends
This section summarizes the five-year collision
history from 2017 through 2021. Approximately
1,044 collisions were reported between January
1, 2017 through December 30, 2021. Of these, a
total of 39 collisions resulted in a fatality or
severe injury. Annual collisions by severity are
shown in All = Number of All Collisions
F = Number of
Collisions with a Fatality.

SI = Number of
Collisions with a Severe Injury
Figure 1.

All = Number of All Collisions
F = Number of Collisions with a Fatality.

SI = Number of Collisions with a Severe Injury
Figure 1: Annual Collisions by Severity
2017 2018 2019 2020 2021
All 264 278 195 132 175
F+SI 9 11 4 7 8
0 50
100
150
200
250
300
Collisions
Annual Collisions (2017-2021)

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Packet Pg. 271 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 7 Hot Spot Analysis
The density of collision
occurrences is mapped
in
Figure 2 to represent
locations with high
collision occurrences.

Figure 2: Collision Hot
Spots

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Packet Pg. 272 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 8 Top Collision Locations and Corridors
The key collision locations and corridors (top 10) identified though the hotspot analysis are shown in Figure 3.
 Contra Costa Blvd and Chilpancingo Pkwy
 Contra Costa Blvd & Golf Club Rd
 Contra Costa Blvd & Woodworth Ln
 Contra Costa Blvd & Gregory Ln
 Contra Costa Blvd & Taylor Blvd
 Monument Blvd & Buskirk Ave-Ramona Dr
 Monument Blvd & Contra Costa Blvd
 Taylor Blvd & Peasant Hill Rd
Top 10 Intersections
 Contra Costa Boulevard
 Monument Boulevard
 Taylor Boulevard
 Gregory Lane
 Pleasant Hill Road
 Buskirk Avenue
 Chilpancingo Parkway
 Golf Club Road
Top 10 Corridors

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Packet Pg. 273 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 9 O= Top 10 Intersections
 = Top 10 Corridors
Figure 3: Top 10 Intersections and Corridors

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Packet Pg. 274 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 10 Collisions by Mode
Fatality and Severe injury collisions by mode of transportation are shown in All = Number of All Collisions F = Number of Collisions with a Fatality.

SI = Number of Collisions with a Severe Injury
Figure 4. Crash data are broken down by mode of transportation. For collisions involving a bicyclist or a pedestrian, the percent of collisions resulting in either a fatality or severe injury is 11% and 13% of all collisions in their respective categories. In contrast, for collisions involving vehicles only, the percent of collisions resulting in either a fatality of severe injury is only 3% of all collision in its own category. This underscores how much more vulnerable bicyclists and pedestrians are compared to motorists who are afforded protection by being inside a vehicle.

All = Number of All Collisions
F = Number of Collisions with a Fatality.

SI = Number of Collisions with a Severe Injury
Figure 4: Collision mode share by Severity

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Packet Pg. 275 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 11 Collisions by Type
Figure 5 shows the common types of collisions during the five-year analysis period. Rearend (27%), broadside (21%) and sideswipe (20%) are the most common type of collisions in Pleasant Hill.

Figure 5: Collisions by Type

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Packet Pg. 276 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 12 Collisions by Primary Collision Factor
Figure 6 and Figure 7 illustrates collisions by Primary Collision Factor (PCF) on key collision corridors and intersections. The PCFs are the driving action which best describes the primary or main cause of the collision. As shown below, the most common PCFs are unsafe speed, improper turning, unsafe lane change, and traffic signal and sign violations.

Figure 6: Collisions by Primary Collision Factor – Street Corridors

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Packet Pg. 277 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 13 Figure 7: Collisions by Primary Collision Factor - At Intersections

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Packet Pg. 278 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 14 Pedestrian and Bicycle Collisions
Pedestrian and bicycle collisions are shown in Figures 8 and 9. Bicyclists and pedestrians are most vulnerable in collisions, and whose safety require special attention and considerations.

Pedestrian Collisions
Figure 8: Pedestrian Related Collisions

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Packet Pg. 279 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 15 Bicycle Collisions
Figure 9: Bicycle Related Collisions

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Packet Pg. 280 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 16 Figure 10: Pedestrian and Bicycle Collisions near Schools

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Packet Pg. 281 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 17 Collisions In Dark
At night, sight visibility may be limited and motorists may not be able to react in time to a potential roadway hazard to avoid a collision. Collisions that occur in the dark are shown in Figure 11. Street lighting and illumination should be improved for some of these deficient locations.

Figure 11: Collisions in Dark

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Packet Pg. 282 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 18 DUI Involved Collisions
Collisions involving driving under the influence (DUI) remain a concern citywide as shown in Figure 12.

Non-engineering interventions will be needed as the primary means to address challenges associated with this collision profile, but they may be supplemented with appropriate engineering countermeasures which can make roadway designs more forgiving in general.

Figure 12: DUI Related Collisions

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Packet Pg. 283 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 19 Collisions - Unsafe Speed
Unsafe speeds are most common on major arterials such as Contra Costa Boulevard, Taylor Boulevard and Monument Boulevard especially during the evening commute periods when these arterials serve both local traffic as well as cut-through traffic. These collisions are shown in Figure 13.

Figure 13: Unsafe Speed Collisions

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Packet Pg. 284 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 20 IV. Emphasis Areas and Strategies
The emphasis areas describe priority issues where there are opportunities to improve based on crash data from the past five (5) years (2017 to 2021). The development of the emphasis areas are based on the crash data, stakeholder input, and citizen complaints.

Citywide safety emphasis areas are as follows:

Emphasis area 1: Pedestrian improvements
Emphasis area 2: Bicycle improvements
Emphasis Area 3: Traffic Signal Improvements
Emphasis area 4: Safety lighting improvements
Emphasis Area 5: Intersection Geometric Design
Emphasis Area 6: Signs and Markings

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Packet Pg. 285 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 21 V. Collision Profiles and Countermeasure
Toolbox
To address the safety concerns identified above, this Plan leveraged data-driven collision analyses with proven countermeasures. Countermeasures can be engineering-based physical improvements, many of which have low-cost or quick-build versions, but they can also be non-engineering strategies in areas such as education, enforcement, and outreach.

Countermeasures identified in this Plan are based primarily on Local Roadway Safety Manual (LRSM)1 as well as other proven effective countermeasures. The engineering countermeasures contained in LRSM include a Crash Reduction Factor (CRF), if applicable, to indicate their relative effectiveness. In contrast to the infrastructure-focused engineering countermeasures, non-engineering countermeasures do not have an associated CRF. However, the National Highway Traffic Safety Administration (NHTSA) published the 9th edition of Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices in 2017, and this document serves as a guide for practitioners in selecting effective evidence-based countermeasures for traffic safety problems such as DUI and drug impaired driving, speeding and speed management, and pedestrian and bicycle safety.

It is important to note that the effectiveness of any countermeasure varies immensely depending on its implementation, level of community support, and adequate funding.

1 Local Roadway Safety, April 2020

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Packet Pg. 286 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 22 Top 5 Collision Street Corridors
Countermeasures from the LRSM identified for top five street corridors as shown below.

Contra Costa Boulevard
Speeding is the main Primary Collision Factor.

DUI involved collisions is high at 14%.

Potential Countermeasures
 (R22) Install/Upgrade signs with new fluorescent
sheeting
 (R26) Install dynamic/variable speed warning signs
 (R32PB) Complete bike lane gaps as feasible
 (NS23PB) Install Pedestrian Hybrid Beacon (HAWK)
 Traffic signal improvements including Dilemma Zone
 Add Leading Pedestrian Interval (LPI) phase as
appropriate
 DUI awareness and enforcement programs
Monument Boulevard
Speeding is the main Primary Collision Factor.

Right-of-way violation is high at 9%.

DUI is high at 8%.

Potential Countermeasures
 (R01) Add segment lighting
 (R22) Install/Upgrade signs with new fluorescent
sheeting
 (R26) Install dynamic/variable speed warning
signs
 (R32PB) Complete bike lane gaps as feasible
 Traffic signal improvements including Dilemma
Zone

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Packet Pg. 287 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 23 Taylor Boulevard
Speeding is the main Primary Collision Factor.

Right-of-way violation is high at 14%.

DUI is high at 12%.

Potential Countermeasures
 (R22) Install/Upgrade signs with new fluorescent
sheeting
 (R26) Install dynamic/variable speed warning
signs
 (R33PB) Install separated bike lanes
 Traffic signal improvements including Dilemma
Zone
Pleasant Hill Road
Unsafe lane change is the main Primary Collision
Factor. Unsafe speed is high at 18%.

DUI is high at 19%.

Potential Countermeasures
 (R22) Install/Upgrade signs with new fluorescent
sheeting
 (R26) Install dynamic/variable speed warning
signs
 (R34PB) Install sidewalk/pathway
 (NS08) Install RRFB
 Traffic signal improvements including Dilemma
Zone
Gregory Lane
Right-of-way violations at 28% is the main Primary
Collision Factor.

Speeding is high at 24%
Potential Countermeasures
 (R22) Install/Upgrade signs with new fluorescent
sheeting
 (R26) Install dynamic/variable speed warning
signs
 (R32PB) Install bike lanes
 (NS08) Install RRFB
 Traffic signal improvements including Dilemma
Zone

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Packet Pg. 288 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 24 Top 5 Collision Intersections
Countermeasures from the LRSM identified for top five intersections as shown below.

Contra Costa Blvd & Chilpancingo Pkwy-Concord Avenue
Speeding is the main Primary Collision Factor (24%).

DUI is at 11%.

Potential Countermeasures
 (S01) Add intersection lighting
 (S02) Improve signal hardware
 (S03) Improve signal timing
 (S08) Convert signal to mast arm
 (S09) Install Raised Pavement Markers and
Striping
 (S17PB) Install Pedestrian Countdown
Signal Heads
 (S21PB) Modify signal phasing to
implement an LPI
Monument Blvd & Buskirk Ave-Ramona Dr
Speeding is the main Primary Collision Factor (34%).

Improper turning and Auto Right of Way violation is at 9%.

Potential Countermeasures
 (S02) Improve signal hardware
 (S03) Improve signal timing
 (S10) Install Flashing Beacons as Advanced Warning
 (S21PB) Modify signal phasing to implement an LPI

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Packet Pg. 289 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 25 Contra Costa Blvd & Golf Club Rd
Speeding is the main Primary Collision Factor (54%).

DUI is at 9%. Highest collision time seemed to occur
around noon and again from 4 PM to 6 PM.

Potential Countermeasures
 (S02) Improve signal hardware
 (S03) Improve signal timing
 (S21PB) Modify signal phasing to implement an
LPI
Contra Costa Blvd & Gregory Lane
Speeding is the main Primary Collision Factor (32%).

Right of Way violation is at 21%.

Potential Countermeasures
• (S01) Add intersection lighting
• (S02) Improve signal hardware
• (S03) Improve signal timing
• (S09) Install Raised Pavement Markers and Striping
• (S17PB) Install Pedestrian Countdown Signal Heads
• (S21PB) Modify signal phasing to implement an LPI

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Packet Pg. 290 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 26 Contra Costa Blvd & Woodsworth Lane
Speeding is the main Primary Collision Factor (40%).

DUI is at 16%.

Highest collision time is from 3 PM to 6 PM.

Potential Countermeasures
• (S01) Add intersection lighting
• (S02) Improve signal hardware
• (S03) Improve signal timing
• (S09) Install Raised Pavement Markers and Striping
• (S10) Install Flashing Beacons as Advanced Warning
• (S17PB) Install Pedestrian Countdown Signal Heads
• (S21PB) Modify signal phasing to implement an LPI

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Packet Pg. 291 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 27 VI. Funding, Implementation &
Evaluation Strategies
This chapter identifies funding and implementation considerations that will be important to City staff as they pursue funding opportunities to implement the recommended safety projects.

FUNDING OPPORTUNITIES
There are variety of regional, state, and federal
sources to fund safety improvements.

IMPLEMENTATION STRATEGIES
Implementation of the LRSP is a vital step in
the process where identified strategies and
projects are executed. Successful
implementation requires sustained and
coordinated support from project stakeholders,
elected officials, safety partners and City staff.
 Establish a committee to oversee
the implementation of the LRSP
 Coordination and partnership with
stakeholders throughout the life of
LRSP
 Pursue funding opportunities and
submit competitive projects
 Continued communication with
stakeholders and community
members
 Prioritized list of countermeasures
and projects with near-term, midterm, and long-term
implementation goals
Implementation Strategies
 Congestion Mitigation And Air
Quality (CMAQ) Improvement
Program
 Highway Safety Improvement
Program (HSIP)
 Active Transportation Program
(ATP)
 SB-1 Transportation Funding
 MTC One Bay Area Grant (OBAG)
Program
 Caltrans Sustainable Transportation
Planning Grant Program
 California Office of Traffic Safety
(OTS)
 Affordable Housing and Sustainable
Communities (AHSC)
 Community Development Block
Grant (CDBG) Program
Funding Opportunities

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Packet Pg. 292 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) Pleasant Hill Local Road Safety Plan (LRSP) Final Report | Page 28 Evaluation Strategies
This LRSP Final Report is a living document
that is recommended to be updated every
three to five years to utilize the latest data and
safety trends. Collision data can be used to
evaluate the success of the plan. It is
recommended that City staff update this LRSP
Final Report in consultation with the project
stakeholders and safety partners, and monitor
the implementation of the plan and strategies
in each emphasis area.
.
 Update the Plan periodically (every
three or five years)
 Identify Target Metrics and Measure
Goal Performance in Priority Areas
 Continue Engagement with
Stakeholders and Safety Partners
Evaluation Strategies

7.10.c
Packet Pg. 293 Attachment: Exhibit 1 - 2022 Local Roadway Safety Plan Final Report (Local Roadway Safety Plan & Agreements) RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE
PROGRAM SUPPLEMENT AGREEMENT NO. 00000A074
FOR THE 2022 LOCAL ROADWAY SAFETY PLAN
WHEREAS, the State of California, Department of Transportation (Caltrans) requires the City of Pleasant Hill to prepare a Local Road Safety Plan (LRSP) in order to be eligible to pursue current and future Federal, State, and Regional grants; and WHEREAS, the City is eligible to receive State funds for Local Roadway Safety Plan, and a Program Supplement Agreement is required to be executed with Caltrans before said funds could be claimed; and
WHEREAS, the City is required to execute Caltrans Program Supplement Agreement (PSA) No. 00000A074 for the 2022 Local Roadway Safety Plan. A PSA is a project-specific agreement that formalizes the financial responsibilities and provisions. A PSA identifies the type and amount of State and local funds used to finance the project and is the contractual basis for Caltrans to reimburse the City for work done. It includes project-specific provisions and defines the City’s responsibilities in project execution. Caltrans will reimburse the City contingent on an executed PSA for LRSP; and
WHEREAS, since the Program Supplement Agreement is administrative, staff recommends that the City Council authorizes the City Manager to execute the Program Supplement Agreement and any amendments thereto with no further Council actions. It will streamline the grant administration and accounting process, and allow the City to receive reimbursement in a timely manner.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

The City Council hereby authorizes the City Manager to execute Program Supplement Agreement No. 00000A074 for the 2022 Local Roadway Safety Plan and any amendments thereto with no further Council actions.
[Signatures on Following Page]

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Packet Pg. 294 Attachment: Proposed Resolution - PSA (Local Roadway Safety Plan & Agreements) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk
ATTACHMENTS:

Exhibit 1 - Caltrans Program Supplement Agreement No. 00000A074 for Local Roadway Safety Plan

7.10.d
Packet Pg. 295 Attachment: Proposed Resolution - PSA (Local Roadway Safety Plan & Agreements) 00000A074
FOR STATE FUNDED PROJECTS NO 04-5375S21
0422000484
August 22, 2022
04-CC-0-PLHL
LRSPL-5375(035)
5375
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 04-5375S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

City of Pleasant Hill
Local Roadway Safety Plan 0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF PLEASANT HILL
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$80,000.00 $8,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$72,000.00
STATE $72,000.00
Program Supplement 04--537-A074- SERIAL 1Page of 3
08/22/2022

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Packet Pg. 296 Attachment: Exhibit 1 - Program Supplement Agreement No. 00000A074 (Local Roadway Safety Plan & Agreements)

SPECIAL COVENANTS OR REMARKS
04-CC-0-PLHL
LRSPL-5375(035)

1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.

2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.

Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

3. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

4. This PROJECT is funded with State-Only funding from the Local Roadway Safety Plan (LRSP) Program. ADMINISTERING AGENCY agrees to develop an LRSP under this PROJECT.

The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA).

This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the LRSP State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to start reimbursable work.

Any work performed prior the effective allocation date is not eligible for reimbursement from the LRSP funds.

Program Supplement 04--537-A074- SERIAL Page 2 of 3

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Packet Pg. 297 Attachment: Exhibit 1 - Program Supplement Agreement No. 00000A074 (Local Roadway Safety Plan & Agreements)

SPECIAL COVENANTS OR REMARKS
04-CC-0-PLHL
LRSPL-5375(035)
ADMINISTERING AGENCY agrees that LRSP funds available for reimbursement will be limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used for a modified scope of work after a project is awarded unless approved by the Statewide LRSP Coordinator prior to performing work.

ADMINISTERING AGENCY agrees to the program delivery and reporting requirements. The study and the LRSP must be completed within thirty-six (36) months of the funding allocation.

The Final Report of Expenditure, the final invoice and the LRSP report must be submitted to the DLAE within six (6) months of the report completion.

Program Supplement 04--537-A074- SERIAL Page 3 of 3

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Packet Pg. 298 Attachment: Exhibit 1 - Program Supplement Agreement No. 00000A074 (Local Roadway Safety Plan & Agreements) RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE
STATE MASTER AGREEMENT NO. 04-5375S21 FOR STATE-FUNDED PROJECTS WHEREAS, the City is eligible to administer State-funded projects, and a State Master Agreement for State-Funded Projects is required to be executed with Caltrans before the City can administer such projects; and
WHEREAS, the City is required to execute Caltrans State Master Agreement (SMA) No. 04-5375S21 for State-Funded Projects. An SMA defines the general terms and conditions that the City must meet. It includes all phases of project execution including administration, financing, contracting, implementation, maintenance, compliance, and reporting; and WHEREAS, the State Master Agreement No. 04-5375S21 supersedes the prior State Master Agreement No. 04-000373 which was executed on June 7, 1999. It is Caltrans policy to require local agencies to update to a new State Master Agreement after a few years; and WHEREAS, since the State Master Agreement is administrative in nature, staff recommends that the City Council authorize the City Manager to execute the State Master Agreement with no further Council actions. This will streamline the grant administration and accounting process, and allow the City to administer State-funded projects without delay.

WHEREAS, since the Program Supplement Agreement is administrative, staff recommends that the City Council authorizes the City Manager to execute the Program Supplement Agreement and any amendments thereto with no further Council actions. It will streamline the grant administration process, and allow the City to expedite State-funded projects.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

The City Council hereby authorizes the City Manager to execute Program Supplement Agreement No. 00000A074 for the 2022 Local Roadway Safety Plan (LRSP) and any amendments thereto with no further Council actions.
[Signatures on Following Page]

7.10.f
Packet Pg. 299 Attachment: Proposed Resolution - SMA (Local Roadway Safety Plan & Agreements) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk
ATTACHMENTS:

Exhibit 1 - Caltrans State Master Agreement No. 04-5375S21 for State-Funded Projects

7.10.f
Packet Pg. 300 Attachment: Proposed Resolution - SMA (Local Roadway Safety Plan & Agreements)

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
04 City of Pleasant Hill
-------- ---------------------------------------------- District Administering Agency
Agreement No. 04-5375S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Pleasant Hill, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

7.10.g
Packet Pg. 301 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

7.10.g
Packet Pg. 302 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

7.10.g
Packet Pg. 303 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

7.10.g
Packet Pg. 304 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.

7.10.g
Packet Pg. 305 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements) (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

7.10.g
Packet Pg. 306 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

7.10.g
Packet Pg. 307 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess

7.10.g
Packet Pg. 308 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements) of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.

ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is

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Packet Pg. 309 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements) constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

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Packet Pg. 310 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

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Packet Pg. 311 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

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Packet Pg. 312 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the

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Packet Pg. 313 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements) extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA City of Pleasant Hill

DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Pleasant Hill Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
Date __________________________ Date __________________________

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Packet Pg. 314 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.

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Packet Pg. 315 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements) (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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Packet Pg. 316 Attachment: Exhibit 1 - State Master Agreement No. 04-5375S21 (Local Roadway Safety Plan & Agreements)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH SABLE
COMPUTER, INC. FOR THE PURCHASE AND IMPLEMENTATION OF

THE COHESITY BACKUP AND DATA PROTECTION SOLUTION

SYNOPSIS
A backup solution copies files and folders and stores them to a secondary storage device in the event the originals are no longer accessible. Maintaining proper backups of the City’s digital information is critical in the event of environmental catastrophes, accidental deletion, hardware malfunction, data corruption, or cyberattack. The current backup solution used by the City is near capacity. Staff requests that the City Council authorize the City Manager to execute an agreement with Sable Computer, Inc. for the purchase and implementation of the Cohesity backup and data protection solution.

DISCUSSION
Background
The City purchased the backup and recovery solution, Appassure, from Dell Technologies, Inc. more than seven years ago. Since then, Dell has sold Appassure to Quest Software, Inc. and support for the product has suffered as a result.

In addition, over the course of the seven years, the amount of backup data storage required by the City has grown beyond the capacity of the current solution.

Although the City could invest to augment the existing storage, backup and recovery solutions have advanced over the years to warrant a complete replacement of the current solution to take advantage of the new features.

Some of these features include, but are not limited to, greater efficiency in file compressions and data duplications so more data can be stored using less drive space, an easier user-interface that is more intuitive, faster recovery times and increased reliability. However, the feature that may be the most beneficial to the City is the protection and recovery from ransomware attacks.

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Analysis
There are several leading backup and recovery solutions on the market today. Staff has reviewed several of the top leading providers comparing features, cost, and reputation, and is recommending the solution offered by Cohesity, Inc. to be the best fit for the City.

Cohesity, Inc. is a leader in the industry and has four of the top ten Fortune 500 companies and five of the top ten bank institutions utilizing their products. Clients such as the City of Santa Monica, City of Santa Barbara, San Francisco Giants, and the USDA are all in their portfolio.

Cohesity, Inc. utilizes resellers to distribute its products to consumers. One of their resellers in the local Bay Area is Sable Computer, Inc. (DBA: KIS). Thus, the City would need to procure Cohesity through Sable Computer, Inc. (DBA: KIS), and Cohesity would supply the hardware and perform the necessary installation.

FISCAL IMPACT
The cost of the new backup and recovery solution to replace the current one will be $49,989.42.

This includes the hardware, installation, licensing, and support for three years. The Finance Division has confirmed that adequate funds are available to support this project.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the attached resolution authorizing the City Manager to execute an agreement with Sable Computer, Inc. for the purchase and implementation of the Cohesity Backup and Data Protection Solution.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council could choose to reject the proposed action and provide direction to staff.

ATTACHMENT(S):

Resolution
Exhibit 1 - Proposed Agreement
Prepared by: Ling King, Chief Technology Officer

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Approved by: Ethan Bindernagel, Acting City Manager

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RESOLUTION NO. - 22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SABLE COMPUTER, INC. FOR THE PURCHASE AND IMPLEMENTATION OF THE COHESITY

BACKUP AND DATA PROTECTION SOLUTION
WHEREAS, the City’s current backup and recovery solution is now seven years old, near capacity; and
WHEREAS, the City desires to replace the existing backup and recovery solution with one that offers greater capacity and the latest features; and WHEREAS, the Cohesity Backup and Data Protection Solution is a leader in the industry; and
WHEREAS, Sable Computers, Inc. (DBA: KIS) is a reseller of the Cohesity Backup and Data Protection Solution.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that the City Manager is authorized to execute an agreement (Exhibit 1) with Sable Computer, Inc. for the purchase and implementation of the Cohesity Backup and Data Protection Solution for a price not to exceed $49,989.42.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 12th day of September, 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. 320 Attachment: Proposed Resolution (Cohesity Backup and Data Protection Solution)

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Packet Pg. 321 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 322 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 323 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 324 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 325 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 326 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 327 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 328 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 329 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 330 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 331 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 332 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 333 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 334 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

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Packet Pg. 335 Attachment: Exhibit 1 - Agreement for Cohesity for Agenda (Cohesity Backup and Data Protection Solution)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY MANAGER TO FUND 30% OF THE INFORMATION SYSTEMS

TECHNICIAN POSITION FROM MEASURE K TO SUPPORT THE NEW

LIBRARY

SYNOPSIS
Maintenance and support is required to maintain the environmental control, access control, phone, and various other systems and applications that enables the continual operation of the Pleasant Hill Library. Staff requests that the City Council authorize the City Manager to fund 30% of the Information Systems Technician position from Measure K funds in order for the City’s Information Technology Division to provide such support to the new library.

DISCUSSION
Background
Measure K, a half-cent transactions and use tax (or sales tax), was approved by Pleasant Hill voters on November 8, 2016. The tax took effect April 1, 2017 for a 20-year period. The measure generated $4.9 million in revenues in FY 2021, and is estimated to generate $5.41 million in revenues in FY 2022 and $5.56 million in FY 2023. Part of this additional revenue was approved by the voters to be used to fund the construction and operation of the City’s new library.

The Capital Improvement Plan adopted by the City Council at its meeting of July 11, 2022, included a two-year budget for Measure K funds, as follows:

FY 22-23 FY 23-24
Revenues - $5.41M Revenues - $5.56M
Expenditures - $2.62M Expenditures - $2.91M
Debt Service - $2.50M Debt Service - $2.50M
Remaining Balance - $290K Remaining Balance - $150K
The new library was designed and constructed as a highly energy-efficient and technologically advanced facility. Behind the scenes, several complex systems enable these energy efficiencies

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and technologies. These systems are the responsibility of the City and they will require routine maintenance and support. The City’s Information Technology (IT) Division is experiencing an increased workload in providing direct support to the library, including coordination with thirdparty vendors in order to fulfill the library’s support needs.

Some of these systems include, but are not limited to:
1) Phone system and phone lines for fire, POS, fax, etc. 2) Video Surveillance System
3) Access Control and Security System including badging for library staff 4) Paging system
5) Audio/Video System for the Story Lab
6) Lighting Controls
7) Power Monitoring
8) Windows and Shade Controls
9) General network infrastructure and connectivity
10) Electric charging stations
Analysis
The Pleasant Hill Library’s operating hours do not match those of the City. Thus, there is the potential for staff to respond during off-hours and/or weekends, as some of these systems may require immediate attention and remediation. This may result in overtime rates for hours worked.

Taking into account possible overtime rates and the estimated workload, Staff is recommending that 30% of the Information Systems Technician position be funded from Measure K in order for the City to adequately support the new library. At its July 27, 2022 meeting, the Budget Committee reviewed Staff’s proposal and recommended that the Council approve funding the position as requested.

As the library is a new facility, this is an initial best estimate of the support funding needed. The 30% calculation equates to an approximate average of 12 hours per week. The hours needed on some weeks may be lower, and higher at other times. Staff will document the hours worked during this first year of the library’s operation and will seek to adjust the 30% funding up or down to more accurately reflect the actual cost to the City.

Staff is currently working to fill the Information Systems Technician position and thus the exact salary of the position has yet to be determined. The salary range for the position is $82,908 to $107,916; thus, 30% of that range equates to an approximate cost of $26,972 to $32,375 annually to Measure K funds.

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FISCAL IMPACT
The salary range for the Information Systems Technician position is $82,908 to $107,916; thus, 30% of that range equates to an approximate cost of $26,972 to $32,375 annually to Measure K funds.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the attached resolution authorizing the City Manager to fund 30% of the Information Systems Technician position from Measure K in order to provide necessary technological support the new library.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may choose to reject the proposed action and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ling King, Chief Technology Officer
Approved by: Ethan Bindernagel, Acting City Manager

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RESOLUTION NO. - 22

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

AUTHORIZING THE CITY MANAGER TO FUND INFORMATION TECHNOLOGY

SERVICES FOR THE NEW LIBRARY
WHEREAS, the City’s new library has many systems and applications that require routine maintenance and support; and
WHEREAS, the City desires to have the Information Systems Technician provide the needed maintenance and support; and
WHEREAS, on July 27, 2022, the Budget Committee reviewed the request and recommended that the City Council approve the request to fund 30% of the Information Systems Technician salary from Measure K; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that the City Manager is authorized to fund 30% of the Information Systems Technician salary from Measure K for an amount not to exceed $32,375 annually.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

7.12.a
Packet Pg. 339 Attachment: Proposed Resolution (Information Systems Technician from Measure K)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AWARDING THE CONSTRUCTION CONTRACT FOR THE 2022 STREET RESURFACING PROJECT NO.

PSC-01-22 AND AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH MCK SERVICES, INC.

SYNOPSIS
The 2022 Street Resurfacing Project No. PSC-01-22 provides for a pavement resurfacing treatment of selected streets within the City. The purpose of this item is to consider the acceptance of the lowest responsive, responsible bid from MCK Services, Inc. for the project and to seek authorization to award the construction contract.

DISCUSSION
Background
The City’s Street Resurfacing Program (SRP) within the adopted Capital Improvement Plan provides for on-going maintenance of the City’s 110 miles of roadway pavement. The condition of each street in the City’s network is evaluated every two to three years. The most recent pavement survey was completed in the summer of 2019.

The City is divided or grouped into 24 Residential Street Zones (RSZ). Arterial/Collector streets are divided by street segment. From the most recent pavement survey data, each street was assigned a Pavement Condition Index (PCI) rating. Every street within a RSZ is then added and contributes to the overall Average PCI for that RSZ. The RSZ are then weighed based on their average PCI rating and evaluated. Each segment of an Arterial/Collector street contributes to the overall rating of that street. As PCI ratings decrease, pavement maintenance costs increase;, therefore staff recommends addressing those neighborhoods and arterial/collector streets with the lowest average PCI ratings first to prevent further deterioration of the streets and higher future rehabilitation costs.

In past years, the City typically would rehabilitate or resurface one complete RSZ or one every two years due to limited funding availability and City Council priorities (focus on maintaining arterial and collector streets in Good condition, PCI 70 or greater). With the advent of Measure K funding, Gas Tax and SB1 monies, $80,000 in Cal Recycle Rubberized Pavement grant funds, and by combining two years of project funding (FY21/22and FY 22/23), the SRP budget

8.2 Packet Pg. 340
allocates approximately $4 million for this project. The Maintenance Division has identified 2 residential zones and 2 arterial/collector streets to be resurfaced as a part of the Street Resurfacing Program. The residential neighborhoods have an average PCI rating between 40 (Poor) to 50 (Fair), the arterial/collector streets have an average PCI rating of 60 (Fair/Good).

The 2022 Street Resurfacing Project No. PSC-01-22 is part of the City’s Street Resurfacing Program (SRP) and is identified in the approved Capital Improvement Plan FY 2022 – 2027 (CIP).

This year’s street resurfacing project consists of preparing the streets by repairing pavement failures (potholes), crack sealing, full depth reclamation, ADA curb ramp installation, monument preservation, utility adjustments and limited concrete curb and gutter repair. Once the street preparation is complete, all project streets will receive a final pavement resurface treatment. Restriping of streets, including desired bicycle and pedestrian facility upgrades per the City’s draft Bicycle and Pedestrian Master Plan is also included after the resurfacing work is completed.

Staff hired PEI, Inc., a pavement design consultant, to perform a pavement survey, coring and laboratory testing of the existing pavement sections and provide design recommendations for the new pavement surface treatment to be applied to each street. Based on the field data collected, PEI, Inc. recommended two different surface treatments: (1) a hot mix asphalt concrete overlay on residential streets and (2) a Full Depth Reclamation followed by a rubberized asphalt concrete overlay on the arterial/collectors streets. A list of the project streets is attached. Staff has determined that these streets will benefit from the proposed treatments, extending the life of the pavement, without having to perform an expensive reconstruction.

The streets to be resurfaced do not conflict with current or planned utility pipeline replacement projects, are scheduled for resurfacing as part of our Pavement Management System, and best utilize the available Street Resurfacing Program funds. The streets identified will cover approximately 1,250,000 square feet (8.5 miles) of new roadway treatments.

Staff has identified necessary manhole and valve adjustments on the selected streets and has notified Central Contra Costa Sanitary District (CCCSD), Contra Costa Water District (CCWD), Diablo Vista Water System (DVWS), and East Bay Municipal Utility District (EBMUD) of the need to complete the work in conjunction with the resurfacing work. Due to favorable bid prices for this work, CCCSD, CCWD, DVWS, and EBMUD have requested that the City-hired contractor perform these utility adjustments and they will reimburse the City for the cost of the work. The estimated amount of the combined utility reimbursement is approximately $203,000.

In an effort to obtain a quality contractor, economy-of-scale bid pricing, and to maximize City resources, needed bicycle and pedestrian facility upgrades were included in the Street Resurfacing Project’s scope of work. The City should realize an estimated 18 percent reduction in striping costs, as well as any administrative costs savings, by combining the bicycle and pedestrian work with the Street Resurfacing Project.

Street Monumentation Program
As part of the Street Monumentation Program and in accordance with State law (protect existing monuments and re-establish monumentation), staff has identified approximately 38 iron pipe

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monuments in the identified streets buried in the existing pavement, that require preservation. Staff has hired LCC Engineering and Surveying, Inc. (LCC) a licensed surveyor to provide the professional surveying services necessary to re-establish these iron pipes and then set the monument casings.

Environmental Review
The 2022 Street Resurfacing Project No. PSC-01-22 will remove and replace existing facilities in kind. The new facilities will be located on the same sites as the existing and will have the same purpose and capacity as the current system. Therefore, the Zoning Administrator has determined that the 2022 Street Resurfacing Project No. PSC-01-22 02 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301, as a Class 1 categorical exemption and Section 15302, as a Class 2 categorical exemption.

Analysis
The Notice Inviting Bids was sent to the contractor exchanges on July 27, 2022, and the construction project was advertised in the East Bay Times on August 1, 2022. Bids were publicly opened on Wednesday, August 31, 2022, at 2:00 p.m. at the Public Services Center.

Four responsive, responsible bids were received. The following table summarizes the bid results.

CONTRACTOR BID PRICE
1 MCK Services, Inc. $4,437,305.00
2 DiSilva Gates Construction $5,118,118.00
3 Ghilotti Construction $5,304,524.00
4 Ghilotti Brothers $5,373,771.22
MCK Services, Inc. bid is $79,597 above the Engineer’s Estimate of $4,357,708. A detailed analysis of MCK Services, Inc.’s bid revealed that it is within 2percent of the Engineer’s Estimate.

Bidding rules require that the City Council award the construction contract to the lowest responsive, responsible bidder. Overall the bid prices are reasonable and acceptable, therefore MCK Services, Inc.’s bid is acceptable.

MCK Services, Inc. is a reputable contractor based in Concord, California, and has completed previous Full Depth Reclamation, asphalt concrete and rubberized asphalt concrete projects within the City of Pleasant Hill, including most recently the 2019 Street Resurfacing Project. Staff believes that MCK Services, Inc. has the experience and professional competency that will result in a satisfactory product for the City.

The project construction cost (base bid) is $4,437,305. It is reasonable to include a construction contingency of $150,000, which is typical for a construction project of this type.

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FISCAL IMPACT
The total construction contract is $4,587,705, and the project is being funded from the SRP, which comprises Measure K funds, SB1 funds and Gas Tax funds (Fund 12) as identified in the CIP, CalRecycle Rubberized Pavement grant funds and utility reimbursements:

Revenues Projected Expenditures
SRP $4,020,338 Construction Contract $4,437,305
Measure K* $ 205,000 Contingency $ 150,000
CalRecycle Funds $ 159,617
Reimbursements $ 202,350 __________________________________ Total $4,587,305 Total $4,587,305
*This project amount is $205,000 over the budget identified in the approved FY 2022-2027 CIP (M-1) due to the addition of the bicycle and pedestrian striping upgrades. To bridge the shortfall, staff is proposing to budget an additional $205,000 in available Measure K funds to fully fund the project.

The Finance Division has confirmed that sufficient funds are available for the construction of this project.

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.

Residents within 300 feet of the project were directly notified in advance of the project impacts and the details.

RECOMMENDED CITY COUNCIL ACTION
Adopt resolution to accept the bid and award the construction contract to MCK Services, Inc.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

ATTACHMENT(S):

Project List of Streets
Proposed Resolution
Exhibit 1 - Agreement
Prepared by: Ann James, Maintenance Superintendent

8.2 Packet Pg. 343
Approved by: Ethan Bindernagel, Acting City Manager

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Name Beg End SF
RESIDENTIAL ZONE R7
ELLIOT DRIVE BOYD ROAD STEVENSON DRIVE 42,580
SUNSET DRIVE ELLIOT DRIVE (W) END 2,240
SUNSET DRIVE ELLIOT DRIVE (E) END 6,726
ELLIOT COURT ELLIOT DRIVE END 6,500
OAKVUE ROAD BOYD ROAD MARVIN DRIVE 40,326
MARVIN DRIVE OAKVUE ROAD BYRON DRIVE 9,614
BRUCE COURT OAKVUE ROAD END 12,800
OAKVUE COURT OAKVUE ROAD END 15,295
MCKISSICK STREET SOULE AVENUE END 17,650
HUBBARD AVENUE MCKISSICK STREET ROBERTA AVENUE 25,100
POSHARD STREET BOYD ROAD ROBERTA AVENUE 42,700
SOULE AVENUE BOYD ROAD PATTERSON BLVD 34,440
POWELL AVENUE SOULE AVENUE ROBERTA AVENUE 19,776
ROBERTA AVENUE PATTERSON BLVD END 40,669
HARDY CIRCLE SOULE AVENUE SOULE AVENUE 38,073
DUDLEY COURT PATTERSON BLVD END 6,655
TOTAL SF 361,144
Name Beg End SF

ARTERIAL/COLLECTOR

CHILPANCINGO PARKWAY CONTRA COSTA
BOULEVARD CITY LIMITS 250,038
GRAYSON ROAD HERITAGE HILLS END 90,990

8.2.a
Packet Pg. 345 Attachment: Project List of Streets (Award 2022 Street Resurfacing Project) Name Beg End SF
RESIDENTIAL ZONE R20

PLEASANT VIEW DRIVE OAK PARK BLVD PLEASANT HILL
ROAD 40,080
MONTA VISTA COURT PATTERSON BLVD END 6,391
BRIDGE ROAD PLEASANT VIEW DRIVE END 12,800
WYATT CIRCLE PLEASANT VIEW DRIVE END 4,360
COATS CIRCLE PLEASANT VIEW DRIVE END 5,966
STEWART CIRCLE PLEASANT VIEW DRIVE END 5,966
GROVE CIRCLE PLEASANT VIEW DRIVE END 4,708
STEVENSON DRIVE OAK PARK BLVD END 44,682
BYRON COURT STEVENSON DRIVE END 9,367
COLLINS COURT STEVENSON DRIVE END 9,487
CHAUCER COURT STEVENSON DRIVE END 9,487
WHITTIER ROAD STEVENSON DRIVE END 11,791
BURNS COURT BYRON DRIVE END 8,392
EMERSON COURT BYRON DRIVE END 8,370
BYRON DRIVE STEVENSON DRIVE END 28,900
COLLINS DRIVE STEVENSON DRIVE END 23,700
CHAUCER DRIVE STEVENSON DRIVE END 19,325
HAWTHORNE COURT SHELLY DRIVE END 38,073
KEATS CIRCLE OAK PARK BLVD END 13,386

LONGFELLOW DRIVE KEATS CIRCLE PATTERSON
BOULEVARD 20,680

HAWTHORNE DRIVE (W) SHELLY DRIVE PATTERSON
BOULEVARD 18,948
HAWTHORNE DRIVE (E) PATTERSON BLVD CITY LIMIT 9,367

SHELLY DRIVE HAWTHORNE DRIVE LONGFELLOW
DRIVE 31,526

MASEFIELD DRIVE HAWTHORNE DRIVE LONGFELLOW
DRIVE 33,680
SANTA BARBARA ROAD PATTERSON BLVD MONTICELLO AVE 43,824 MONTE CRESTA AVENUE OAK PARK BLVD PATTERSON BLVD 44,630 TOTAL 498,399

8.2.a
Packet Pg. 346 Attachment: Project List of Streets (Award 2022 Street Resurfacing Project) RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AWARDING A CONSTRUCTION CONTRACT FOR THE 2022 STREET RESURFACING PROJECT NO. PSC-01-22 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH MCK SERVICES, INC.

WHEREAS, the City has adopted the FY 2022 – 2027 Capital Improvement Plan, which includes the Street Resurfacing Program as a funded project; and WHEREAS, the 2022 Street Resurfacing Project No. PSC-01-22 provides for the repair of asphalt failure, crack sealing, ADA curb ramp installation, limited curb, gutter and valley gutter replacement, Full Depth Reclamation, asphalt concrete overlay, monument preservation and final striping in two residential neighborhoods and two arterial/collector streets within the City of Pleasant Hill; and
WHEREAS, the 2022 Street Resurfacing Project No. PSC-01-22 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301 as a Class 1 categorical exemption (operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination), and Section 15302 as a Class 2 categorical exemption (replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced such as the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity); and WHEREAS, on August 31, 2022, at 2:00 p.m., the Maintenance staff publicly opened and examined the sealed bids for the 2022 Street Resurfacing Project No. PSC-01-22; and WHEREAS, the Maintenance Superintendent has determined that MCK Services, Inc. is the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. The MCK Services, Inc. base bid of $4,437,305 is found to be the lowest responsive, responsible bid and is accepted by the City Council at the unit prices set forth in the bid.

This bid is on file in the Maintenance Division and incorporated herein by this reference as though set forth in full.

2. Additional contingency funds in the amount of $150,000 are also authorized by the City Council at the unit prices set forth in MCK Services, Inc. bid.

3. An allocation of an additional $205,000 in available Measure K funds is authorized by the City Council towards the project construction.

8.2.b
Packet Pg. 347 Attachment: Proposed Resolution (Award 2022 Street Resurfacing Project)

4. The City Manager is authorized to execute a contract with MCK Services, Inc. (Exhibit 1) for the 2022 Street Resurfacing Project No. PSC-01-22.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

8.2.b
Packet Pg. 348 Attachment: Proposed Resolution (Award 2022 Street Resurfacing Project)

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Packet Pg. 349 Attachment: Exhibit 1 - Agreement (Award 2022 Street Resurfacing Project)

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Packet Pg. 350 Attachment: Exhibit 1 - Agreement (Award 2022 Street Resurfacing Project)

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Packet Pg. 351 Attachment: Exhibit 1 - Agreement (Award 2022 Street Resurfacing Project)

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Packet Pg. 352 Attachment: Exhibit 1 - Agreement (Award 2022 Street Resurfacing Project)

8.2.c
Packet Pg. 353 Attachment: Exhibit 1 - Agreement (Award 2022 Street Resurfacing Project)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH PARK ENGINEERING FOR MATERIALS

TESTING AND CONSTRUCTION INSPECTION SERVICES FOR THE
2022 STREET RESURFACING PROJECT NO. PSC-01-22

SYNOPSIS
This item will consider authorizing the City Manager to execute a Professional Services Agreement with Park Engineering to perform materials testing and construction inspection services for the 2022 Street Resurfacing Project No. PSC-01-22. The project provides a pavement resurfacing treatment of selected arterial, collector and residential streets within the City.

DISCUSSION
Background
The 2022 Street Resurfacing Project No. PSC-01-22 is part of the City’s Street Resurfacing Program and is identified in the approved Capital Improvement Plan FY 2022 – 2027 (CIP). This year’s street resurfacing project scope consists of preparing the streets by repairing pavement failures (potholes) and crack sealing (residential), Full Depth Reclamation (arterial/collector), ADA curb ramp installation and limited concrete curb and gutter replacement on the project streets. A final pavement resurface treatment will be applied to all selected arterial/collector and residential streets.

The streets to be resurfaced are scheduled for resurfacing as part of our Pavement Management System and best utilize the available Street Resurfacing Program funds. The streets identified will cover approximately 1,258,772 square feet of new roadway treatments and include two residential neighborhoods and two arterial/collector streets.

Analysis
Staff issued a Request for Proposals (RFP) on August 12, 2022, to three qualified civil engineering firms: Pavement Engineering, Inc.; Park Engineering; and Pakpour Consulting Group, Inc. In

8.3 Packet Pg. 354
response, only Park Engineering and Pakpour Consulting Group, Inc. submitted project proposals for the City’s consideration by the August 26, 2022 deadline.

In order to obtain the most qualified firm for this project, staff reviewed each proposal and conducted oral interviews with each firm. The two firms were ranked as follows:

1. Park Engineering Orinda, CA

2. Pakpour Consulting Group, Inc. Pleasanton, CA
Park Engineering was ranked higher based on the following evaluation criteria: qualification of the project team and members, project understanding, and ability to meet the project schedule.

The Park Enginnering team has previously completed a number of similar construction inspection and materials testing projects in the Bay Area, including the City of Pleasant Hill’s Pleasant Hill Road Improvement Project, Phase 2, and staff believes that they have the expertise and professional competency that will result in a successful project delivery within the project schedule and budget.

FISCAL IMPACT
Park Engineering’s proposal is in the amount of $35,000. The proposal is complete and acceptable considering the scope of the construction inspection and materials testing services of the project. It is reasonable to include a contingency of $5,000, bringing the total inspection and testing cost to $40,000. These costs are to be funded using Street Resurfacing Program funds.

The Finance Division 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 attached Resolution, authorizing the City Manager to execute a design professional services agreement with Park Engineering related to the 2022 Street Resurfacing Project No.PSC-01-22.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may choose to decline awarding the contract to Park Engineering and provide direction to City staff.

ATTACHMENT(S):

Attachments: Proposed Resolution
Agreement

8.3 Packet Pg. 355
Prepared by: Ann James, Maintenance Superintendent
Approved by: Ethan Bindernagel, Acting City Manager

8.3 Packet Pg. 356
RESOLUTION NO. ___-22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH PARK ENGINEERING FOR CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES FOR THE 2022 STREET RESURFACING PROJECT NO. PSC-01-22

WHEREAS, the 2022 Street Resurfacing Project is identified in the FY 2022-2027 Capital Improvement Plan (CIP) as a desired and funded project; and WHEREAS, the City wishes to construct the 2022 Street Resurfacing Project, which provides for a pavement resurfacing treatment (asphalt concrete overlay) of selected streets within the City; and
WHEREAS, the City of Pleasant Hill desires to utilize the professional services of Park Engineering, for construction inspection and materials testing services for the 2022 Street Resurfacing Project No. PSC-01-22; and
WHEREAS, Park Engineering has submitted a proposal to the Maintenance Division, which is complete and acceptable.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill:

1. Authorizes the City Manager to execute a Professional Services Agreement with Park Engineering for construction inspection and materials testing services for the 2022 Street Resurfacing Project No. PSC-01-22 in an amount not to exceed $35,000.

2. Authorizes a Professional Design Services contingency in the amount of $5,000.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 12th day of September, by the following vote:

AYES:

NOES:

ABSENT:

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

8.3.a
Packet Pg. 357 Attachment: Proposed Resolution (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 358 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 359 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 360 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 361 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 362 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 363 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 364 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 365 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 366 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 367 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 368 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 369 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 370 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 371 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 372 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 373 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 374 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 375 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 376 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

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Packet Pg. 377 Attachment: Agreement (Inspection Services for 2022 Street Resurfacing Project)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___

AMENDING ZONING ORDINANCE REGULATIONS FOR URBAN LOT
SPLITS (SECTION 18.20.097) AND TWO-UNIT PROJECTS (SECTION

18.20.105) RELATED TO SENATE BILL 9 (SB 9) AND DETERMINING

THE ORDINANCE TO BE EXEMPT FROM CEQA

SYNOPSIS
Introduce an ordinance amending the City of Pleasant Hill’s zoning regulations for urban lot splits and two-unit projects on single-family residential lots in response to Senate Bill 9 (“SB 9”). The proposed amendments would replace the City’s current urgency ordinance adopted by City Council in December 2021. The Planning Commission reviewed the proposed ordinance amendment and recommended approval to the City Council.

DISCUSSION
Background
In 2021, the California Legislature approved, and the Governor signed into law, several housing bills, including SB 9, the California Housing Opportunity and More Efficiency (“HOME”) Act. SB 9 requires that the City both: (1) allow a property owner to split roughly in half any qualifying lot in a single-family residential zone, so long as resulting lots are at least 1,200 sf in area, and (2) allow a property owner to develop up to two dwelling units on any lot in a single-family residential zone. Though the HOME Act imposes only a handful of restrictions and allows local governments to impose a few more, it requires cities to approve these SB 9-qualifying projects ministerially without any discretionary review.

Property owners can utilize both of the law’s provisions, meaning that an urban lot split may be followed with a two-unit project on each of the two newly subdivided lots, which could result in four total dwellings on what was formerly one single-family residential lot — all with only ministerial approval.

The City adopted an urgency ordinance in December 2021 in response to SB 9 that implements the ministerial approval process for urban lot splits and two-unit projects with objective development standards for each (Attachment D). At the time of adoption, City staff noted that additional refinements would likely be necessary and that a permanent ordinance would be required, at which point additional modifications and refinements could be considered. These

8.4 Packet Pg. 378
proposed modifications have been included in the Draft Ordinance as Attachment A (strikeout version) and Attachment B (clean version).

To date, the City has not yet processed any applications applicable to SB 9; however, the City has received numerous inquiries on the provisions and process.

On May 24, 2022, the Planning Commission held a Study Session and provided input to Staff on several discussion topics to assist in drafting the permanent ordinance. Those topics included: unit size; urban lot splits without street frontage; building height limits; objective design standards; and allowing repeated lot splits. The Planning Commission expressed a general desire for more flexibility in the proposed regulations, while still ensuring that impacts to utilities and stormwater were addressed.

Subsequently on July 12, 2022, the Planning Commission reviewed a draft ordinance incorporating their recommendations and expressed support, and ultimately adopted Resolution No. 14-22 recommending that City Council adopt the amendments as proposed (Attachment C).

Analysis
While SB 9 sets specific limitations on the City’s ability to deny urban lot splits and two-unit developments, it does allow the City to impose certain objective zoning, subdivision, and design standards (collectively “objective development standards”) on SB 9-qualifying projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit).

The analysis below is organized by specific topics, which originated from a combination of items raised by the City Council when the urgency ordinance was initially adopted, discussions with potential applicants and comments received by the Planning Commission. A copy of the proposed draft ordinance is included as Attachment A (strikeout version) and Attachment B (clean version). For clarity, Staff has also highlighted any section of the draft ordinance (Attachment A) that goes beyond the minimum requirements of SB 9.

Quantity of Units: The following requirements related to the number of units are contained in the draft ordinance and comply with SB 9 provisions.

Urban Lot Split: A lot that is created from an urban lot split may contain no more than two dwelling units of any kind, including, but not limited to, a primary dwelling unit, an ADU, or a JADU.

Two-Unit Developments: A lot that is not created by an urban lot split may contain two primary dwelling units, plus any ADU or JADU that must be allowed pursuant to state law and the City’s ADU ordinance. This results in a maximum total of four units when the primary dwelling units are detached, and a maximum total of five units when the primary dwelling units are attached.

8.4 Packet Pg. 379
Unit Size Allowance: The current urgency ordinance establishes a maximum size of 800 square feet per dwelling unit for both urban lot split and two-unit projects – state law requires cities to approve units measuring at least 800 square feet. This would apply regardless of the size of the existing or newly created lots. The Planning Commission, having noted a desire to provide more flexibility in unit size, recommends the amended ordinance reference the underlying development regulations of the corresponding zone (setbacks, lot coverage, etc.) to determine the maximum size of the dwelling units with the following clarifications:
 If an urban lot split creates a lot(s) whose size falls between the minimum lot size standards of two corresponding single-family residential zones, the default zoning applicable will be that of the conforming zoning designation (i.e., the smaller of the two zones; for example, an 8,000-foot lot conforms to the minimum lot size of the R-7 zone, but would be considered nonconforming in the R-10 zone)  Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet will be subject to the development standards of the R-6 zoning district as it is the City’s smallest single-family residential zone.
 In all circumstances, the minimum primary dwelling unit size is 800 square feet and the underlying development standards cannot physically preclude the construction of two units of at least 800 square feet in floor area.

The following examples illustrate three potential scenarios:

Scenario 1: If a lot located in the R-7 Single Family zone (7,000 square-foot lots) is subdivided into two 3,500 square-foot lots, each lot would be subject to the development standards of the R6 Zone. The R-6 Zone allows a maximum FAR of 0.40 and a maximum lot coverage of 35 percent. Under the existing zoning, the maximum permitted gross floor area on each site would be 1,400 square feet with a resulting lot coverage of 1,225 square feet. In this same example, if a two-unit project were then pursued on each newly subdivided lot, then SB 9 would require the City to allow two 800-square-foot dwelling units, for a total of 1,600 square feet of gross floor area, on each new lot. See image below:

Scenario 2: If a lot located in the R-7 Single Family zone did not undertake an urban lot split, a maximum of two primary dwelling units, plus an ADU and/or JADU could be constructed. The development would be subject to the R-7 development standards, which allow a maximum 35% lot coverage (or 2,450 square feet) and 0.40 FAR (or 2,800 gross square feet). In this scenario, the property owner may choose to construct two dwelling units larger than 800 square feet. Staff notes that, in total, the City would be required pursuant to state law to allow up to two 800-

8.4 Packet Pg. 380
square-foot dwelling units, plus one 800- square-foot ADU, and one 500-square-foot JADU, for a total of 2,900 square feet of gross floor area. See image below:

Scenario 3: Using the same existing conditions on Scenario 2, a property owner could also choose to construct two attached primary dwelling units larger than 800 square feet each (duplex). This would change the classification of the development to multifamily, which would then require the City to allow up to two 800-square-foot-minimum primary dwelling units, plus two 800-square-foot ADUs, and at least one ADU converted from existing interior non-livable space, for a total 2,900-plus square feet of gross floor area. See image below:

Additionally, Staff advises that many lots could have a large, existing primary residence, which, per state law, may remain. In this case, the City would still be required to allow a second, 800- square-foot primary dwelling unit on the same lot as an existing single-family home.

Setback Requirements: The current urgency ordinance requires that new primary dwelling units comply with the setback standards outlined in the underlying or corresponding zone (based on the newly created lot sizes for urban lot split projects). However, the setback requirements must be reduced if they otherwise would preclude the development of up to two 800-square-foot units with a minimum of a four-foot side and rear setback. Additionally, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. The proposed draft ordinance maintains the same setback requirements.

Urban Lot Splits without Street Frontage: The provisions of SB 9 require that a lot must have access to, or adjoin the public right-of-way in order to be subdivided as an urban lot split. The City’s current urgency ordinance prohibits the subdivision of lots that do not directly adjoin the public right-of-way, and requires that a lot created through an urban lot split have a minimum

8.4 Packet Pg. 381
20-foot-wide frontage on the public right-of-way. This provision therefore precludes lot splits on most properties without, or with minimal street frontages (e.g., double deep lots, flag lots, etc.).

The Planning Commission is recommending the draft ordinance allow more flexibility with this provision and proposes to eliminate the requirement that a lot must directly adjoin the public right-of-way and result in a 20-foot-wide frontage on that public right-of way once subdivided.

Instead, the Commission that the proposed language mirror the provisions of SB 9 and require that a lot have access to, or adjoin the public right-of-way. Additionally, access to all new lots and dwelling units must satisfy County fire and emergency access requirements.

Building Height Limits: The current urgency ordinance limits SB 9 units to a height of 16 feet, which largely results in single-story dwellings. This deviates from the City’s zoning ordinance, which limits the maximum height in all single-family residential districts to 35 feet and 2.5 stories. Allowing two stories on smaller lots results in more flexibility, and may encourage increased setbacks and open space, whereas a single-story structure will encounter coverage limitations. Staff has drafted the ordinance, and the Planning Commission recommends eliminating the height limitation of 16 feet and allowing all SB 9-qualified units to comply with the maximum height requirements of the zone (35 feet), but with a two-story maximum.

Objective Design Standards: Since the adoption of the existing Urgency Ordinance, the City adopted Objective Design Standards applicable to both single-family and multifamily developments (Attachment E). Staff recommends that the proposed ordinance reference the adopted Objective Design Standards, to the extent applicable. Any units developed under the provisions of this ordinance would be subject to the following previously adopted code sections, as referenced in Attachments A and B:
o Section 18.20.040.K – Citywide Objective Design Standards: All single-family residential and multifamily residential development shall comply with Objective Design Standards, as adopted by City Council Resolution.

1. Streamlined Residential Projects. If a proposed residential development project qualifies for streamlined permit review, as determined by State law, the zoning administrator shall review the proposed project to verify compliance with the Objective Design Standards applicable to such projects.

Proposed residential development projects that comply with all Objective Design Standards shall be processed ministerially. Qualifying projects that do not comply with the Objective Design Standards shall be subject to the Architectural Review Permit process, as specified in Chapter 18.115 of this Title.”
Compliance with the objective design standards could not preclude the construction of up to two 800-square-foot-minimum dwelling units on a single lot.

Allowing Repeated Lot Splits: The current SB 9 provisions and the City’s urgency ordinance do not allow subsequent subdivision of lots originally created under SB 9. The intent is to limit the number of times a lot split could occur, particularly as the lot sizes become smaller, which may ultimately lead to a change in the look and feel of a neighborhood. The Planning Commission

8.4 Packet Pg. 382
recommends that the permanent ordinance maintain this requirement to prohibit repeated lot splits.

Urban Lot Split Compliance with Stormwater and Utility Standards: At the Study Session meeting, the Planning Commission voiced concerns with the City’s ability to regulate stormwater runoff and other utility requirements for SB 9-related developments. Staff notes that SB 9 restricts the City’s ability to require the construction of offsite improvements in connection with an urban lot split project. The City can require, however, that projects comply with any onsite improvements related to storm drainage and utilities. The City’s Subdivision regulations outline these requirements (Section 17.35.020 Improvements required). For example, the City’s subdivision regulations require that stormwater runoff from a subdivision be collected and conveyed by an approved storm drain system to protect neighboring properties. The City also has a “no-net runoff” policy that would apply to these projects and could require developments capture and convey all surface water on their own property. Staff has included, and the Planning Commission supports, language in the draft ordinance that references this code section and is proposing that all units be subject to the required on-site improvements, regardless of size.

Public Comments
All public comment received to date has been included as Attachment G.

NECESSARY FINDINGS
To amend zoning ordinance sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two Unit Projects), pursuant to PHMC Section 18.125.050, the City Council is required to make findings as follows:

1. The code amendments shall be consistent with the policies of the General Plan;

2. The code amendments shall be consistent with the purpose of the Zoning Ordinance, which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan. b. Promote the economic stability of existing land uses. c. Prevent excessive population densities and overcrowding of land and buildings. d. Ensure the provision of adequate open space for light, air and fire safety. e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.

The proposed ordinance would be consistent with the following General Plan goals and policies (see Attachments A and B):
a. Community Development Goal 1: Preserve and enhance residential neighborhoods. b. Housing Element Goal 2: Encourage a variety of housing.

8.4 Packet Pg. 383
c. Housing Element Goal 5: Increase opportunities to develop safe, sanitary and decent housing.

CEQA
The City, as the lead agency, has determined that the proposed activity is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the 2022 Guidelines for the Implementation of CEQA. The City has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed design and development standards, when applied to relevant projects, will undergo separate CEQA review.

Additionally, under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the CEQA. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

FISCAL IMPACT
Staff anticipates minimal fiscal impact because applicants remain responsible for the cost of processing the applicable ministerial permits required to create an urban lot split or construct two units on a single-family zoned property, as well as any impact fees. The City will continue to receive development permit fees, building permit fees, and development impact fees such as park land dedication and traffic mitigation fees for these projects.

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.

Notice of the meeting was also provided in the East Bay Times Newspaper published on August 12, 2022 and September 1, 2022, displayed on an A-Frame at the Police Station, displayed on the City Hall Changeable Message Board Sign, and on the City’s web page. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Introduce the ordinance.

ALTERNATIVES TO RECOMMENDED ACTION

1. Introduce the ordinance with modifications;

2. Continue the item to a future date with direction to staff; or

3. Do not introduce the ordinance.

ATTACHMENTS
A Proposed Updated Draft Ordinance (strikeout version)
B Proposed Updated Draft Ordinance (clean version)

8.4 Packet Pg. 384
C Planning Commission Resolution 14-22
D Existing Urban Lot Split and Two Unit Project Ordinance (Sections 18.20.097 and

18.20.105)
E City Wide Residential Objective Design Standards
F Public Hearing Notice
G Public Comments
Prepared by: Haley Croffoot, AICP, Senior Planner
Approved by: Ethan Bindernagel, Acting City Manager

8.4 Packet Pg. 385
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE, INCLUDING SECTIONS 18.20.097 (URBAN LOT SPLITS) & 18.20.105 (TWO-UNIT PROJECTS) RELATED TO THE PROVISIONS OF SENATE BILL 9 (SB 9)
WHEREAS, the City of Pleasant Hill, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to provisions related to Urban Lot Splits and Two-Unit Projects; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 (“SB 9”), which took effect January 1, 2022, and, among other provisions, added Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, on December 6, 2021, the City Council adopted Ordinance No. 951 approving an urgency ordinance adding Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and
WHEREAS, the City wishes to amend the urgency ordinance and Municipal Code Sections

18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects) to establish permanent regulations related to urban lot splits and two-unit projects; and WHEREAS, the Planning Commission held a study session on May 24, 2022, to discuss several topics to assist Staff in drafting the permanent ordinance components; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was noticed and held by the Planning Commission on June 28, 2022, and continued to the July 12, 2022 meeting date regarding the proposed ordinance amendment at which time all interested parties were invited to provide comments; and WHEREAS, the Planning Commission held a public hearing on July 12, 2022, and adopted Resolution No. 14-22 recommending the City Council adopt amendments to Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance was noticed and held by the City Council on September 12, 2022, where all interested persons might appear and be heard.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, as the proposed activity (ordinance amendment) is exempt because it will not have

8.4.a
Packet Pg. 386 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 2 a significant effect on the environment and does not directly approve any physical development.

The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

In addition, under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

Section 2. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.097, with the following language to read in full as follows:

18.20.097 Urban lot splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.

8.4.a
Packet Pg. 387 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 3 3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov’t. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
i. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. ii. The city has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding Government Code section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

2. Compliance with the City’s Subdivision Regulations. The urban lot split must conform to all applicable objective requirements of the City’s Subdivision regulations (Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.

2.3.Zone. The lot to be split is designated as a standard single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

3.4.Lot location.
a. The lot to be split is not located on a site that is any of the following:

8.4.a
Packet Pg. 388 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 4 i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction; or
(B) Meets Federal Emergency Management Agency
requirements necessary to meet minimum floodplain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subsection E.34.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4.5.Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5.6.No prior urban lot split.
a. The lot to be split was not established through a prior urban lot split.
b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting “in concert” with the owner here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

8.4.a
Packet Pg. 389 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 5 6.7.No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7.8.Lot size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8.9.Easements.
a. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9.10. Lot access.
a. Each resulting lot must have access to, or adjoin the public rightof-way.

8.4.a
Packet Pg. 390 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 6 b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.

10.11. Dwelling uUnit standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

See below:
b. Dwelling uUnit size.
i. The dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Schedule 18.20.030; Minimum Lot Area) and as outlined in subsections c.-f. of this section.
ii. If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.
iii. Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
i.iv. The minimum size of each primary dwelling unit is 500 square feet and the objective development standards may only be enforced to the extent that they do not prevent two, 800 -square -foot primary dwelling units on a lot.
ii. The total floor area of each primary dwelling that is developed on a resulting lot must be:
“units” on each new

8.4.a
Packet Pg. 391 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 7 (A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.
iii. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
iv. iii. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. c. Height restrictions. The height of each primary dwelling unit that is developed on a resulting lot must conform to the objective height requirement that is imposed through the underlying zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two, 800 -square- foot primary dwelling units on the lot. Additionally:
i. Maximum height shall be measured from existing or
finished grade, whichever is lower, to the peak of the
structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary
dwelling unit.
v.iv. No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
vi. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure.
vii. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22
feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be
stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
viii. iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
b.d.Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying corresponding zone (Schedule 18.20.030; Maximum Lot

8.4.a
Packet Pg. 392 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 8 Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each.
c.e.Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying corresponding zone. This floor area ratioFAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each. d.f. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying
corresponding zone (Schedule 18.20.030; Minimum
Yards).
ii. Exceptions. Notwithstanding subsection E.1011.e f of this section:
(A) Existing structures. No setback is required for an
existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
e.g.Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either:
(A) A corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit
station,
(2) A ferry terminal served by either a bus or
rail transit service, or
(3) The intersection of two or more major
bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon
peak commute periods.

8.4.a
Packet Pg. 393 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 9 ii. The site is located within one block of a car-share vehicle location.
f.h. Design standards. All new primary dwelling units that are developed on a lot resulting from an urban lot split must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The following objective design standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each.:
i. Site planning.
(A) Site placement.
(1) Projects with two or more structures
shall be staggered with a minimum two-foot
variation measured from the front setback with the
intent of providing a varied street elevation, such
that front setbacks of adjacent homes and garages
differ by a minimum of two feet and a maximum of
six feet.
(2) Front-loaded garages shall be recessed a
minimum of four feet from the front wall plane of
the residence’s habitable space.
(B) Site development.
(1) Residences shall have a front entry sited
from parallel to within 45 degrees of parallel, to the
street.
(2) Front entries shall include a covered
projection (porch) with a minimum area of 20
square feet and a maximum of 100 square feet, as
measured from the supporting elements. Porches
may be a combination of projection and recess but
shall not be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(3) Vehicle charging facilities shall be
housed within a garage, or not visible from view
from any adjacent property or public right-of-way
or easement, by a fence or landscaping.
(C) Utility and service areas.
(1) Above-ground utilities, transformers, and
other mechanical equipment placed between the
front or street side of a residence and a public street

8.4.a
Packet Pg. 394 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 10 or vehicular or pedestrian accessway shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
a fence, wall, or landscaping.
(2) Excluding solar panels, roof-mounted
equipment shall be hidden from view from the
public street behind roof peaks or parapets.
(3) Utility and mechanical equipment shall
not obstruct pedestrian pathways.
ii. Scale and mass. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations.

Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or
form, or the inclusion of a gable or dormer, and such
articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a
maximum of 20 feet.
iii. Building architecture and appearance.
(A) Architectural appearance.
(1) Second floor balconies shall not be
positioned along any side elevation within 20 feet of
the adjacent property line.
(2) All facades of the structure shall include
at least two of the following architectural details:
(a) Porches, decks, and/or balconies
with railings.
(b) Building materials such as
masonry, tile, shingle, or other materials
other than stucco that add decorative or
textural qualities to the building.
(c) Accessories that may include, but
not be limited to:
(i) Pot shelfs;
(ii) Landscape trellises;
(iii) Decorative accent tiles;
(iv) Wood grain texture finish false
shutter;
(v) Gable end vents and corbels; or
(vi) Window awnings.
(3) Variation in wall planes by incorporating
a projected feature such as a bay window or other
projected feature with a minimum depth of four
inches.
(4) Decorative trim that projects a minimum
of three-quarters of an inch from the wall plane.

8.4.a
Packet Pg. 395 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 11 (5) If used, shutters shall be sized to cover
100 to 105 percent of the window and match the
exact window shape.
(B) Materials.
(1) Accessory structures shall be constructed
of the same materials, colors, and roof type as the
primary structure.
(2) Windows shall be recessed by a
minimum of two inches from the wall plane or shall
include wood, metal, or engineered wood trim with
a minimum width of three inches and minimum
depth of three-quarters of an inch.
(3) Single-family subdivisions with two or
three units shall provide a minimum of two color
schemes. Single-family subdivisions with more than
three residential structures shall provide a minimum
of three color schemes and shall not use a single
color scheme on more than 40 percent of the
residential structures. Structures shall incorporate a
color scheme that contains a maximum of four
distinct colors per building. A color scheme is
defined as body one and/or body two, trim, and a
contrasting accent color. Adjacent structures shall
not use the same color scheme.
iv. Landscaping.
(A) New development shall plant a minimum of one
drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting. (B) The front yard shall not exceed a maximum of
50 percent of pavement or hardscape.
(C) A minimum of 50 percent of the front yard area
shall be landscaped with live plantings consistent with zoning ordinance provisions (PHMC § 18.20.040.H).
(D) Runoff shall be detained on site prior to
discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
(E) All areas not occupied by structures or
pavement shall be landscaped. Landscaped areas shall
consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of one and one-quarter inches.
v. Fences and walls.
(A) Walls and fences shall not be placed in the
street frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along
scenic corridors.

8.4.a
Packet Pg. 396 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 12 (B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.
(C) Chain-link fences are prohibited.
vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security.

Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto
adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of
3,000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.
g.i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
h.j. Utilities.
i. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to a non-site wastewater treatment system must first have a percolation test
completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
i.k. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
j.l. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

11.12. Separate conveyance.
a. Within a resulting lot.
i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from
each other.
ii. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property
owners.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot

8.4.a
Packet Pg. 397 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 13 split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Stormwater and stormwater runoff. The development must comply with the following standards:
a. Compliance with California’s Stormwater C.3 requirements b. The development shall not contribute any net addition to stormwater runoff. A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA =
New Impervious area [sf] + Replaced Impervious
area [sf]

2. Calculate Storage Requirement: Storage
Requirement = 0.28 [gal/sf] * TDA
ii. Identify means of storage from the following (a
combination of different types is acceptable). Storage
retention devices must meet total increased storage
requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

12.14. Regulation of uses.
a. Residential only. No nonresidential use is permitted on any lot created by urban lot split.
b. No Short Term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
c. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.

13.15. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lots created by the urban lot split.

8.4.a
Packet Pg. 398 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 14 c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov’t. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a) inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact. (Ord. 951 § 2, 2021) Section 3. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.105, with the following language to read in full as follows:
“Section 18.20.105 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

8.4.a
Packet Pg. 399 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 15 2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

3. Lot location.
a.The lot is not located on a site that is any of the following:

8.4.a
Packet Pg. 400 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 16 i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use. v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b.The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4. Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

8.4.a
Packet Pg. 401 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 17 5. No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.Housing that is income-restricted for households of moderate, low, or very low income.
b.Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c.Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application. d.Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Dwelling uUnit Standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.

See examples below:

8.4.a
Packet Pg. 402 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 18 b. Dwelling uUnit size.
i. The dwelling units must conform to the objective development standards that are imposed through the existing zone and as outlined in subsections c-g of this section.
ii. Any lot with a gross floor area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
i.iii. The minimum size of each primary dwelling unit is 500 square feet. The objective development standards may only be enforced to the extent that they do not prevent two, 800 -square -foot primary dwelling units on a lot.
dwellings detached
ADU associated w/
converted ADU; and

8.4.a
Packet Pg. 403 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 19 i. The total floor area of each primary dwelling built that is developed under this section must be:
(A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.
ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.
iii. A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. c. Height restrictions. The height of each primary dwelling unit that is developed on a lot must conform to the objective height requirement that is imposed through the corresponding zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two, 800- square -foot primary dwelling units on the lot. Additionally:
i. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
ii. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
iii. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure.
iv. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet

8.4.a
Packet Pg. 404 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 20 from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
v.iv. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
c.d. Demolition cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. d.e. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone (Schedule

18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each.
e.f. Floor area ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone (Schedule 18.20.030; Maximum Floor Area Ratio). This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each. f.g. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.6.f g of this section:
(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
g.h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either

8.4.a
Packet Pg. 405 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 21 (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
ii. The site is located within one block of a car-share vehicle location. h.i. Design standards for two-unit projects, attached or detached dwelling units. Each new primary dwelling unit that is developed on a lot must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The following objective design standards are only enforced to the extent they do not prevent two primary dwelling units on the lot at measuring 800 square feet each.
i. Site Planning
(A) Site Placement.
(1) Projects with two or more structures shall be
staggered with a minimum two-foot variation
measured from the front setback with the intent of
providing a varied street elevation so that front
setbacks of adjacent homes and garages differ by a
minimum of two feet and a maximum of six feet.
(2) Front-loaded garages shall be recessed a minimum
of four feet from the front wall plane of the
residence habitable space.
(B) Site Development.
(1) Residences shall have a front entry sited from
parallel to within 45 degrees of parallel, to the
street.

8.4.a
Packet Pg. 406 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 22 (2) Front entries shall include a covered projection (porch) with a minimum area of 20 square feet and
a maximum of 100 square feet, as measured from
the supporting elements. Porches may be a
combination of projection and recess but shall not
be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(3) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent
property or public right-of-way or easement,
screened from view from the street by a fence or
landscaping.
(C) Utility and Service Areas.
(1) Above-ground utilities, transformers, and other
mechanical equipment placed between the front or
street side of a residence and a public street or
vehicular or pedestrian accessway, shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
fence, wall, or landscaping.
(2) Excluding solar panels, roof-mounted equipment
shall be hidden from view from the public street
behind roof peaks or parapets.
(3) Utility and mechanical equipment shall not obstruct pedestrian pathways.
ii. Scale and Mass
(A) Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of
20 feet.
iii. Building Architecture and Appearance

8.4.a
Packet Pg. 407 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 23 (A) Architectural Appearance.
(1) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent
property line.
(2) All facades of the structure shall include at least two of the following architectural details:
(a) Porches, decks, and/or balconies with
railings.
(b) Building materials such as masonry, tile,
shingle, or other materials other than stucco
that add decorative or textural qualities to the
building.
(c) Accessories that may include, but not be
limited to:
(i) Pot shelfs;
(ii) Landscape trellises;
(iii)Decorative accent tiles;
(iv)Wood grain texture finish false
shutter;
(v) Gable end vents and corbels; or
(vi)Window Awnings.
(3) Variation in wall plains by incorporating a projected feature such as a bay window or other projected
feature with a minimum depth of four inches.
(4) Decorative trim that projects a minimum of threequarters of an inch from the wall plane. (5) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window
shape.
(B) Materials.
(1) Accessory structures shall be constructed of the
same materials, colors, roof type as the primary
structure.

8.4.a
Packet Pg. 408 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 24 (2) Windows shall be recessed by a minimum of two
inches from the wall plane or shall include wood,
metal, or engineered wood trim with a minimum
width of three inches and minimum depth of threequarters of an inch. (3) Single family subdivisions with two or three units
shall provide a minimum of two-color schemes.

Single family subdivisions with more than three
residential structures shall provide a minimum of
three-color schemes and shall not use a single-color
scheme on more than 40 percent of the residential
structures. Structures shall incorporate a color
scheme that contains a maximum of four distinct
colors per building. A color scheme is defined as
(body one and/or body two, trim, and a contrasting
accent color). Adjacent structures shall not use the
same color scheme.
iv. Landscaping
(A) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.
(B) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.
(C) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with Zoning
Ordinance provisions (PHMC Section 18.20.040.H).
(D) Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
(E) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile
height of 1.25 inches.
v. Fences and Walls
(A) Walls and fences shall not be placed in the street
frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.

8.4.a
Packet Pg. 409 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 25 (B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. (C) Chain-link fences are prohibited.
vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum
temperature of 3000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.
j. Design standards for attached units. The following standards is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each
i. Site Planning
(A) Site Placement.
(1) Structures shall be sited from parallel to within 45 degrees of parallel, to the street.
(2) Corner structures that face two public streets shall include entries that are sited from parallel within 45
degrees of parallel, to each street.
(3) All entries facing a public street shall have a
pedestrian pathway that connects to the public
sidewalk or a public street.
(4) All public property that fronts a project shall be
improved to current Public Works standards and
specifications. Projects shall install and dedicate
street improvements including, but not limited to:
curb and gutter, sidewalk, driveway aprons, street
paving, storm drainage facilities, sewer and water,
fire protection, undergrounding of utilities and
street lighting.
k. Scale and Mass
i. Structures shall be vertically and horizontally articulated along all facades that face or will be visible from a public street. Horizontal articulations, including change in total height of a minimum of two

8.4.a
Packet Pg. 410 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 26 feet, change in roof pitch or form, or inclusion of a gable or dormer, shall occur at intervals of a maximum of 20 feet. ii. Second floor balconies shall not be positioned along any side elevation within 10 feet of an adjacent multifamily property line or within 20 feet of an adjacent single-family property line. iii. Vertical articulations shall include a change in wall plane by a minimum depth of two feet at a maximum interval of 30 feet, incorporating a projection or recess with a minimum width of two feet and a minimum height of eight feet and a minimum depth of two feet, or stepping back the floors above the ground floor by a minimum of two feet.
l. Architecture & Appearance
i. Windows located on upper floors within 15 feet of an adjacent structure shall utilize one or more of the following techniques to minimize privacy impacts on adjacent properties and/or structures:
(A) Use clerestory windows located at a minimum height of 5 feet measured from the finished floor;
(B) Use of non-transparent or frosted glazing;
(C) Installation of permanent architectural screens or louvers in front of windows; and/or
(D) Position the window so that it is not in line or directly face a window on an adjacent structure.
ii. For structures of four or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features
(A) Incorporate a change in wall material in addition to a change in wall plane of at least one inch in depth at the transition between the two materials.
(B) Treat the ground floor with materials such as stone, concrete, or other similar masonry or cementitious
materials that are distinct from the remainder of the
structure.
(C) Set back the top floor(s) of the structure a minimum of 5 feet from the remainder of the building façade.

8.4.a
Packet Pg. 411 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 27 (D) Incorporate a horizontal feature such as a bellyband or belt course.
iii. Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.
m. Landscaping
i. Pedestrian pathways, hardscapes, front setbacks, and parking areas shall be shaded with minimum 24-inch box drought-tolerant shade trees at intervals of a maximum of 30 feet. A minimum of 50 percent of the trees selected shall be of deciduous variety. ii. All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches. iii. Trees shall be planted along the street frontage at intervals of a maximum of 30 feet and a minimum of 50 percent shall be of deciduous variety. A deciduous tree shall be provided in the rear yard or along a side yard to the west of the primary structure. Trees shall be a minimum box size of 24 inches at the time of planting. iv. A maximum of 25 percent of the front yard area shall be paved or hardscaped.
v. Landscaping shall be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces with a minimum height of six inches.
vi. Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
vii. Development adjacent to creeks shall position structures along setbacks opposite the creek setback, so that open yard areas, rather than structures, are positioned along creek setbacks.
viii. Creek stabilization shall incorporate soil bio-engineering and plant-based methods.
n. Fences and Walls
i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.

8.4.a
Packet Pg. 412 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 28 ii. Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet.
iii. Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
iv. Chain-link fences are prohibited.
o. Lighting
i. All entryways, porch areas, pedestrian pathways, parking areas, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties.

Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in Subsection

18.55.140(b) of the Zoning Ordinance. A photometric plan shall be provided to show compliance.
ii. Light fixtures shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited.
p. Service Facilities and Utilities
i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. Trash, recycling, and organic waste bins and dumpsters (trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited. Refuse enclosures shall be painted the same colors as a residential structure within the development.

Refuse enclosures shall screen trash containers on all four sides to the full height of the container, consistent with PHMC Section

18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.
ii. Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from any adjacent property or public right-of-way or easement through the use of a fence or landscaping with a minimum height of six feet.
iii. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be

8.4.a
Packet Pg. 413 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 29 screened from view from any adjacent property or public right-ofway or easement by a fence, wall, or landscaping. iv. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets. v. Utility and mechanical equipment shall not obstruct pedestrian pathways.
q.j. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
r.k. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. s.l. Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
t.m. Fire safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.

7. Separate conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

8. Stormwater and stormwater runoff. The development must comply with the following standards:
a.Compliance with California’s Stormwater C.3 requirements

8.4.a
Packet Pg. 414 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 30 b.The development shall not contribute any net addition to stormwater runoff.

A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA = New
Impervious area [sf] + Replaced Impervious area [sf]

2. Calculate Storage Requirement: Storage Requirement = 0.28 [gal/sf] * TDA
ii. Select means of storage from the following (a combination of different types is acceptable). Storage retention devices must meet total increased storage requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

8.9.Regulation of uses.
a. Residential only. No non-residential use is permitted on the lot. b. No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

9.10. Deed restriction. The owner must record a deed restriction for a two-unit project, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
e. States that:

8.4.a
Packet Pg. 415 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 31 i. The site is a two-unit project lot is formed by an urban lot split and is therefore subject to the city’s two-unit urban lot split regulations, including all applicable limits on dwelling size and development. ii. Development on the lot is limited to development of residential units under this section of this code, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.

8.4.a
Packet Pg. 416 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 32 f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

Section 4. This ordinance is consistent with the following General Plan goals and policies:

1. Community Development Goal 1 – Preserve and enhance residential neighborhoods.

The proposed amendments will establish objective development standards applicable to all urban lot split and two-unit projects in all single- family residential districts, pursuant to state law. These developments will be subject to a ministerial review and thus, the establishment of objective standards will ensure that new development will be compatible with, and enhance, the City’s residential neighborhoods while providing an opportunity for more housing.

2. Housing Element Goal 2 – Encourage a variety of housing.

The proposed amendments will allow for urban lot splits and two-unit developments on a single parcel within single-family residential zoning districts, which varies from the traditional single- family residential development pattern, as required by SB 9.

3. Housing Element Goal 5- Increase opportunities to develop safe, sanitary and decent housing.

The proposed amendments will allow increased opportunities for safe, sanitary and decent housing on existing lots in single-family residential zones by allowing for urban lot splits and two-unit developments, that would otherwise not result in increased housing under current single-family residential provisions.

Section 5. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.”
Section 6. This ordinance shall be effective 30 days after its adoption.

Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the four places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 12th day of September, 2022. [Signatures on Following Page]

8.4.a
Packet Pg. 417 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) 33 ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
MICHEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. HABR, City Clerk

8.4.a
Packet Pg. 418 Attachment: Attachment A_Proposed Updated Draft Ordinance (strikeout) (Sb 9 Ordinance Amendments) ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE, INCLUDING SECTIONS 18.20.097 (URBAN LOT SPLITS) & 18.20.105 (TWO-UNIT PROJECTS) RELATED TO THE PROVISIONS OF SENATE BILL 9 (SB 9)
WHEREAS, the City of Pleasant Hill, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to provisions related to Urban Lot Splits and Two-Unit Projects; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 (“SB 9”), which took effect January 1, 2022, and, among other provisions, added Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, on December 6, 2021, the City Council adopted Ordinance No. 951 approving an urgency ordinance adding Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and
WHEREAS, the City wishes to amend the urgency ordinance and Municipal Code Sections

18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects) to establish permanent regulations related to urban lot splits and two-unit projects; and WHEREAS, the Planning Commission held a study session on May 24, 2022, to discuss several topics to assist Staff in drafting the permanent ordinance components; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was noticed and held by the Planning Commission on June 28, 2022, and continued to the July 12, 2022 meeting date regarding the proposed ordinance amendment at which time all interested parties were invited to provide comments; and WHEREAS, the Planning Commission held a public hearing on July 12, 2022, and adopted Resolution No. 14-22 recommending the City Council adopt amendments to Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance was noticed and held by the City Council on September 12, 2022, where all interested persons might appear and be heard.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, as the proposed activity (ordinance amendment) is exempt because it will not have

8.4.b
Packet Pg. 419 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 2 a significant effect on the environment and does not directly approve any physical development.

The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

In addition, under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

Section 2. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.097, with the following language to read in full as follows:

18.20.097 Urban lot splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.

8.4.b
Packet Pg. 420 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 3 3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov’t. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
i. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. ii. The city has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding Government Code section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

2. Compliance with the City’s Subdivision Regulations. The urban lot split must conform to all applicable objective requirements of the City’s Subdivision regulations (Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.

3. Zone. The lot to be split is designated as a standard single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

4. Lot location.
a. The lot to be split is not located on a site that is any of the following:

8.4.b
Packet Pg. 421 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 4 i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction; or
(B) Meets Federal Emergency Management Agency
requirements necessary to meet minimum floodplain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subsection E.4.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

5. Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

6. No prior urban lot split.
a. The lot to be split was not established through a prior urban lot split.
b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting “in concert” with the owner here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

8.4.b
Packet Pg. 422 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 5 7. No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

8. Lot size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

9. Easements.
a. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

10. Lot access.
a. Each resulting lot must have access to, or adjoin the public rightof-way.

8.4.b
Packet Pg. 423 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 6 11. Dwelling unit standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). See below:
b. Dwelling unit size.
i. The dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Schedule 18.20.030; Minimum Lot Area) and as outlined in subsections c.-f. of this section.
ii. If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.
iii. Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iv. The minimum size of each primary dwelling unit is 500 square feet and the objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
c. Height restrictions. The height of each primary dwelling unit that is developed on a resulting lot must conform to the objective height requirement that is imposed through the underlying zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on the lot. Additionally:
“units” on each new

8.4.b
Packet Pg. 424 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 7 i. Maximum height shall be measured from existing or
finished grade, whichever is lower, to the peak of the
structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary
dwelling unit.
iv. No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
d. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the corresponding zone (Schedule 18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
e. Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the corresponding zone. This FAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the corresponding zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.11.f of this section:
(A) Existing structures. No setback is required for an
existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:

8.4.b
Packet Pg. 425 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 8 i. The lot is located within one-half mile walking distance of either:
(A) A corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit
station,
(2) A ferry terminal served by either a bus or
rail transit service, or
(3) The intersection of two or more major
bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon
peak commute periods.
ii. The site is located within one block of a car-share vehicle location.
h. Design standards. All new primary dwelling units that are developed on a lot resulting from an urban lot split must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each. i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
j. Utilities.
i. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to a non-site wastewater treatment system must first have a percolation test
completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
k. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
l. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

12. Separate conveyance.
a. Within a resulting lot.

8.4.b
Packet Pg. 426 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 9 i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from
each other.
ii. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property
owners.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Stormwater and stormwater runoff. The development must comply with the following standards:
a. Compliance with California’s Stormwater C.3 requirements b. The development shall not contribute any net addition to stormwater runoff. A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA =
New Impervious area [sf] + Replaced Impervious
area [sf]

2. Calculate Storage Requirement: Storage
Requirement = 0.28 [gal/sf] * TDA
ii. Identify means of storage from the following (a
combination of different types is acceptable). Storage
retention devices must meet total increased storage
requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

14. Regulation of uses.
a. Residential only. No nonresidential use is permitted on any lot created by urban lot split.
b. No Short Term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

8.4.b
Packet Pg. 427 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 10 c. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.

15. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov’t. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a) inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact. (Ord. 951 § 2, 2021) Section 3. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.105, with the following language to read in full as follows:
“Section 18.20.105 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

8.4.b
Packet Pg. 428 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 11 B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

8.4.b
Packet Pg. 429 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 12 1. Map Act compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

3. Lot location.
a.The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use. v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.

8.4.b
Packet Pg. 430 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 13 x. Land under conservation easement.
b.The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4. Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.Housing that is income-restricted for households of moderate, low, or very low income.
b.Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c.Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application. d.Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Dwelling unit Standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

8.4.b
Packet Pg. 431 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 14 ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.

See examples below:
b. Dwelling unit size.
i. The dwelling units must conform to the objective development standards that are imposed through the existing zone and as outlined in subsections c-g of this section.
dwellings detached
ADU associated w/
converted ADU; and

8.4.b
Packet Pg. 432 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 15 ii. Any lot with a gross floor area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iii. The minimum size of each primary dwelling unit is 500 square feet. The objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
c. Height restrictions. The height of each primary dwelling unit that is developed on a lot must conform to the objective height requirement that is imposed through the corresponding zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on the lot. Additionally:
i. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
iv. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
d. Demolition cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. e. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone (Schedule

18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Floor area ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone (Schedule 18.20.030; Maximum Floor Area Ratio). This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each. g. Setbacks.

8.4.b
Packet Pg. 433 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 16 i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.6.g of this section:
(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
ii. The site is located within one block of a car-share vehicle location. i. Design standards for two-unit projects, attached or detached dwelling units. Each new primary dwelling unit that is developed on a lot must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the

8.4.b
Packet Pg. 434 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 17 extent they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
j. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
k. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. l. Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
m. Fire safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.

7. Separate conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

8. Stormwater and stormwater runoff. The development must comply with the following standards:
a.Compliance with California’s Stormwater C.3 requirements b.The development shall not contribute any net addition to stormwater runoff.

A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA = New
Impervious area [sf] + Replaced Impervious area [sf]

8.4.b
Packet Pg. 435 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 18 2. Calculate Storage Requirement: Storage Requirement = 0.28 [gal/sf] * TDA
ii. Select means of storage from the following (a combination of different types is acceptable). Storage retention devices must meet total increased storage requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

9. Regulation of uses.
a. Residential only. No non-residential use is permitted on the lot. b. No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Deed restriction. The owner must record a deed restriction for a two-unit project on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
e. States that:
i. The site is a two-unit project and is therefore subject to the city’s two-unit regulations, including all applicable limits on dwelling size and development.
ii. Development on the lot is limited to development of residential units under this section of this code, except as required by state law.

F. Specific adverse impacts.

8.4.b
Packet Pg. 436 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 19 1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

Section 4. This ordinance is consistent with the following General Plan goals and policies:

1. Community Development Goal 1 – Preserve and enhance residential neighborhoods.

8.4.b
Packet Pg. 437 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 20 The proposed amendments will establish objective development standards applicable to all urban lot split and two-unit projects in all single-family residential districts, pursuant to state law. These developments will be subject to a ministerial review and thus, the establishment of objective standards will ensure that new development will be compatible with, and enhance, the City’s residential neighborhoods while providing an opportunity for more housing.

2. Housing Element Goal 2 – Encourage a variety of housing.

The proposed amendments will allow for urban lot splits and two-unit developments on a single parcel within single-family residential zoning districts, which varies from the traditional single-family residential development pattern, as required by SB 9.

3. Housing Element Goal 5- Increase opportunities to develop safe, sanitary and decent housing.

The proposed amendments will allow increased opportunities for safe, sanitary and decent housing on existing lots in single-family residential zones by allowing for urban lot splits and two-unit developments, that would otherwise not result in increased housing under current single-family residential provisions.

Section 5. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.”
Section 6. This ordinance shall be effective 30 days after its adoption.

Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the four places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 12th day of September, 2022. [Signatures on Following Page]

8.4.b
Packet Pg. 438 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments) 21 ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
MICHEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. HABR, City Clerk

8.4.b
Packet Pg. 439 Attachment: Attachment B_Proposed Updated Draft Ordinance (clean) (Sb 9 Ordinance Amendments)

8.4.c
Packet Pg. 440 Attachment: Attachment C_PC Resolution 14-22 (Sb 9 Ordinance Amendments)

8.4.c
Packet Pg. 441 Attachment: Attachment C_PC Resolution 14-22 (Sb 9 Ordinance Amendments)

8.4.c
Packet Pg. 442 Attachment: Attachment C_PC Resolution 14-22 (Sb 9 Ordinance Amendments)

8.4.c
Packet Pg. 443 Attachment: Attachment C_PC Resolution 14-22 (Sb 9 Ordinance Amendments) ORDINANCE NO. 951

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADDING MUNICIPAL CODE SECTIONS 18.20.097 & 18.20.105 RELATED TO

URBAN LOT SPLITS AND TWO UNIT PROJECTS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Pleasant Hill, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 ("SB 9"), which among other things, adds Government Code section 65852.21 and 66411. 7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411. 7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City's default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to Urban Lot Splits and Two Unit Projects; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b ).

8.4.d
Packet Pg. 444 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. In support of the recitals stated above, the City Council hereby finds and determines that it is necessary to adopt this urgency ordinance to protect the public safety, health, and welfare.

Section 2. The City Council adopts amendments to the City's Municipal Code, by adding Section 18.20.097, with the following language to read in full as follows:
"Section 18.20.097 Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. ( c) Application.
(1) Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code§ 402.l(a)(l l)(C)(ii)) or a qualified nonprofit corporation (as defined by§ 214.15).
(2) An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.

8.4.d
Packet Pg. 445 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
( e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code§ 66410 et. seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.

8.4.d
Packet Pg. 446 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (C) Notwithstanding section 66411.1 of the SMA, no dedication ofrights-ofway or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is designated as a standard single-family residential zone.

For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-lOA, R-7, R-6).
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.

8.4.d
Packet Pg. 447 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (x) Land under conservation easement.
(B) The purpose of subpart ( e )(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code§ 66411.7(a)(3)(C).)
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting "in concert" with the owner here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.] ( 6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form ofrent or price control through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code§§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet.

8.4.d
Packet Pg. 448 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart ( d)(2) above.
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 20 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 18.20.105 of this code, an ADU, or a JADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

8.4.d
Packet Pg. 449 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) Lot Coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (E) Floor Area Ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone. This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(l0)(E) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least

8.4.d
Packet Pg. 450 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(G) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. (H) Design Standards. The following standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
(i) Site Planning
(I) Site Placement.
(ia) Projects with two or more structures shall be
staggered with a minimum two-foot variation
measured from the front setback with the intent of
providing a varied street elevation, such that front
setbacks of adjacent homes and garages differ by a
minimum of two feet and a maximum of six feet.
(ib) Front-loaded garages shall be recessed a minimum
of four feet from the front wall plane of the
residence habitable space.
(II) Site Development.

8.4.d
Packet Pg. 451 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (ia) Residences shall have a front entry sited from
parallel to within 45 degrees of parallel, to the
street.
(ib) Front entries shall include a covered projection
(porch) with a minimum area of 20 square feet and
a maximum of 100 square feet, as measured from
the supporting elements. Porches may be a
combination of projection and recess but shall not
be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(ic) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent
property or public right-of-way or easement, by a
fence or landscaping.
(III) Utility and Service Areas.
(ia) Above-ground utilities, transformers, and other
mechanical equipment placed between the front or
street side of a residence and a public street or
vehicular or pedestrian accessway, shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
a fence, wall, or landscaping.
(ib) Excluding solar panels, roof-mounted equipment
shall be hidden from view from the public street
behind roof peaks or parapets.
(ic) Utility and mechanical equipment shall not obstruct pedestrian pathways.
(ii) Scale and Mass
(I) Structures shall be vertically (height) and horizontally ( depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of
20 feet.

8.4.d
Packet Pg. 452 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (iii) Building Architecture and Appearance
(I) Architectural Appearance.
(ia) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent
property line.
(ib) All facades of the structure shall include at least two of the following architectural details:
i) Porches, decks, and/or balconies with
railings.
ii) Building materials such as masonry, tile,
shingle, or other materials other than stucco
that add decorative or textural qualities to the
building.
iii) Accessories that may include, but not be
limited to:
• Pot shelfs;
• Landscape trellises;
• Decorative accent tiles;
• Wood grain texture finish false
shutter;
• Gable end vents and corbels; or
• Window Awnings .
(ic) Variation in wall plains by incorporating a projected feature such as a bay window or other projected
feature with a minimum depth of four inches.
(id) Decorative trim that projects a minimum of threequarters of an inch from the wall plane. (ie) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window
shape.
(II) Materials.

8.4.d
Packet Pg. 453 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (ia) Accessory structures shall be constructed of the
same materials, colors, roof type as the primary
structure.
(ib) Windows shall be recessed by a minimum of two
inches from the wall plane or shall include wood,
metal, or engineered wood trim with a minimum
width of three inches and minimum depth of threequarters of an inch. (ic) Single family subdivisions with two or three units shall provide a minimum of two-color schemes.

Single family subdivisions with more than three
residential structures shall provide a minimum of
three-color schemes and shall not use a single-color
scheme on more than 40 percent of the residential
structures. Structures shall incorporate a color
scheme that contains a maximum of four distinct
colors per building. A color scheme is defined as
(body one and/or body two, trim, and a contrasting
accent color). Adjacent structures shall not use the
same color scheme.
(iv) Landscaping
(I) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.
(II) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.
(III) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with Zoning
Ordinance provisions (PHMC Section 18.20.040.H).
(IV) Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
(V) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile
height of 1.25 inches.
( v) Fences and Walls

8.4.d
Packet Pg. 454 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (I) Walls and fences shall not be placed in the street
frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors. (II) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. (III) Chain-link fences are prohibited.
(vi) Lighting
(I) All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the
horizontal plane), and shall not spill onto adjacent
properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000
kelvins. Second floor accent lighting is prohibited. A
photometric plan shall be provided to show compliance.
(I) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (J) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(K) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (L) Fire Safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.
(11) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

8.4.d
Packet Pg. 455 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
(12) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (13) Deed Restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law. (f) Specific Adverse Impacts.

8.4.d
Packet Pg. 456 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact." Section 3. The City Council adopts amendments to the City's Municipal Code, by adding Section

18.20.105, with the following language to read in full as follows:
"Section 18.20.105 Two-unit Projects
(a) Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21. (b) Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
( c) Application.
(1) Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code§ 402.l(a)(l l)(C)(ii)) or a qualified nonprofit corporation (as defined by§ 214.15).
(2) An application for a two-unit project must be submitted on the city's approved form.
(3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

8.4.d
Packet Pg. 457 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (4) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (5) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
( d) Approval.
(1) An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.
(2) The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R10, R-l0A, R-7, R-6). (3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use.

8.4.d
Packet Pg. 458 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart ( e )(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code§ 66411.7(a)(3)(C).)
( 4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code§§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.

8.4.d
Packet Pg. 459 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6) Unit Standards.
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

See examples below:

J S89 Lot Split:

I A maximum of two
J "units" on each new
I lot where a "lot"
J in~ludes primary
I dwellings, ADUs,
f JADUs for a total of
I four on what was
J the original lot
. - .. - .. - .. _I_ - .. - .. - .. - '~---~

8.4.d
Packet Pg. 460 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) 1 2
1 2
No SB9 Lot Split:

Two primary
dwellings detached
from each other;
one JADU and one
ADU associated w/
one of the two
primary dwellings
No SB9 Lot Split;
Two primary
dwellings attached
to each other; one
converted ADU; and
two ADUs
associated with the
multifamily
structure
(B) Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.

8.4.d
Packet Pg. 461 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (iii) A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. (C) Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
(D) Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (E) Lot Coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F) Floor Area Ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone. This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (F) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure.

8.4.d
Packet Pg. 462 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(H) Parking. Each new primary dwelling unit must have at least one offstreet, covered and enclosed parking space parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. (I) Design Standards for Detached Units. The following standards are only enforced to the extent they do not prevent two primary dwelling units on the lot at 800 square feet each.
(i) Site Planning
(I) Site Placement.
(ia) Projects with two or more structures shall be
staggered with a minimum two-foot variation
measured from the front setback with the intent of
providing a varied street elevation so that front
setbacks of adjacent homes and garages differ by a
minimum of two feet and a maximum of six feet.

8.4.d
Packet Pg. 463 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (ib) Front-loaded garages shall be recessed a minimum
of four feet from the front wall plane of the
residence habitable space.
(II) Site Development.
(ia) Residences shall have a front entry sited from
parallel to within 45 degrees of parallel, to the
street.
(ib) Front entries shall include a covered projection
(porch) with a minimum area of 20 square feet and
a maximum of 100 square feet, as measured from
the supporting elements. Porches may be a
combination of projection and recess but shall not
be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(ic) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent
property or public right-of-way or easement,
screened from view from the street by a fence or
landscaping.
(III) Utility and Service Areas.
(ia) Above-ground utilities, transformers, and other
mechanical equipment placed between the front or
street side of a residence and a public street or
vehicular or pedestrian accessway, shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
fence, wall, or landscaping.
(ib) Excluding solar panels, roof-mounted equipment
shall be hidden from view from the public street
behind roof peaks or parapets.
(ic) Utility and mechanical equipment shall not obstruct pedestrian pathways.
(ii) Scale and Mass
(I) Structures shall be vertically (height) and horizontally ( depth) articulated along the front elevations. Vertical

8.4.d
Packet Pg. 464 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of
20 feet.
(iii) Building Architecture and Appearance
(I) Architectural Appearance.
(ia) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent
property line.
(ib) All facades of the structure shall include at least two of the following architectural details:
i) Porches, decks, and/or balconies with
railings.
ii) Building materials such as masonry, tile,
shingle, or other materials other than stucco
that add decorative or textural qualities to the
building.
iii) Accessories that may include, but not be
limited to:
• Pot shelfs;
• Landscape trellises;
• Decorative accent tiles;
• Wood grain texture finish false
shutter;
• Gable end vents and corbels; or
• Window Awnings.
(ic) Variation in wall plains by incorporating a projected feature such as a bay window or other projected
feature with a minimum depth of four inches.

8.4.d
Packet Pg. 465 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (id) Decorative trim that projects a minimum of threequarters of an inch from the wall plane. (ie) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window
shape.
(II) Materials.
(ia) Accessory structures shall be constructed of the
same materials, colors, roof type as the primary
structure.
(ib) Windows shall be recessed by a minimum of two
inches from the wall plane or shall include wood,
metal, or engineered wood trim with a minimum
width of three inches and minimum depth of threequarters of an inch. (ic) Single family subdivisions with two or three units shall provide a minimum of two-color schemes.

Single family subdivisions with more than three
residential structures shall provide a minimum of
three-color schemes and shall not use a single-color
scheme on more than 40 percent of the residential
structures. Structures shall incorporate a color
scheme that contains a maximum of four distinct
colors per building. A color scheme is defined as
(body one and/or body two, trim, and a contrasting
accent color). Adjacent structures shall not use the
same color scheme.
(iv) Landscaping
(I) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.
(II) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.
(III) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with Zoning
Ordinance provisions (PHMC Section 18.20.040.H).
(IV) Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.

8.4.d
Packet Pg. 466 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (V) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile
height of 1.25 inches.
(v) Fences and Walls
(I) Walls and fences shall not be placed in the street
frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors. (II) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. (III) Chain-link fences are prohibited.
(vi) Lighting
(I) All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the
horizontal plane), and shall not spill onto adjacent
properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000
kelvins. Second floor accent lighting is prohibited. A
photometric plan shall be provided to show compliance.
(J) Design Standards for Attached Units. The following standards is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each
(i) Site Planning
(I) Site Placement.
(ia) Structures shall be sited from parallel to within 45 degrees of parallel, to the street.
(ib) Corner structures that face two public streets shall include entries that are sited from parallel within 45
degrees of parallel, to each street.
(ic) All entries facing a public street shall have a
pedestrian pathway that connects to the public
sidewalk or a public street.

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Packet Pg. 467 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (id) All public property that fronts a project shall be improved to current Public Works standards and
specifications. Projects shall install and dedicate
street improvements including, but not limited to:
curb and gutter, sidewalk, driveway aprons, street
paving, storm drainage facilities, sewer and water,
fire protection, undergrounding of utilities and
street lighting.
(K) Scale and Mass
(i) Structures shall be vertically and horizontally articulated along all facades that face or will be visible from a public street. Horizontal articulations, including change in total height of a minimum of two feet, change in roof pitch or form, or inclusion of a gable or dormer, shall occur at intervals of a maximum of 20 feet. (ii) Second floor balconies shall not be positioned along any side elevation within 10 feet of an adjacent multifamily property line or within 20 feet of an adjacent single-family property line. (iii) Vertical articulations shall include a change in wall plane by a minimum depth of two feet at a maximum interval of 30 feet, incorporating a projection or recess with a minimum width of two feet and a minimum height of eight feet and a minimum depth of two feet, or stepping back the floors above the ground floor by a minimum of two feet.
(L) Architecture & Appearance
(i) Windows located on upper floors within 15 feet of an adjacent structure shall utilize one or more of the following techniques to minimize privacy impacts on adjacent properties and/or structures:
(I) Use clerestory windows located at a minimum height of 5 feet measured from the finished floor;
(II) Use of non-transparent or frosted glazing;
(III) Installation of permanent architectural screens or louvers in front of windows; and/or
(IV) Position the window so that it is not in line or directly face a window on an adjacent structure.
(ii) For structures of four or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features

8.4.d
Packet Pg. 468 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (I) Incorporate a change in wall material in addition to a change in wall plane of at least one inch in depth at the transition between the two materials.
(II) Treat the ground floor with materials such as stone, concrete, or other similar masonry or cementitious
materials that are distinct from the remainder of the
structure.
(III) Set back the top floor( s) of the structure a minimum of 5 feet from the remainder of the building fa9ade.
(IV) Incorporate a horizontal feature such as a bellyband or belt course.
(iii) Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.
(M) Landscaping
(i) Pedestrian pathways, hardscapes, front setbacks, and parking areas shall be shaded with minimum 24-inch box drought-tolerant shade trees at intervals of a maximum of 30 feet. A minimum of 50 percent of the trees selected shall be of deciduous variety. (ii) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches. (iii) Trees shall be planted along the street frontage at intervals of a maximum of 30 feet and a minimum of 50 percent shall be of deciduous variety. A deciduous tree shall be provided in the rear yard or along a side yard to the west of the primary structure. Trees shall be a minimum box size of 24 inches at the time of planting. (iv) A maximum of 25 percent of the front yard area shall be paved or hardscaped.
(v) Landscaping shall be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces with a minimum height of six inches.
(vi) Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.

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Packet Pg. 469 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (vii) Development adjacent to creeks shall position structures along setbacks opposite the creek setback, so that open yard areas, rather than structures, are positioned along creek setbacks.
(viii) Creek stabilization shall incorporate soil bio-engineering and plant-based methods.
(N) Fences and Walls
(i) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.
(ii) Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet.
(iii) Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
(iv) Chain-link fences are prohibited.
(0) Lighting
(i) All entryways, porch areas, pedestrian pathways, parking areas, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties.

Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in Subsection

18.55.140(b) of the Zoning Ordinance. A photometric plan shall be provided to show compliance.
(ii) Light fixtures shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited.
(P) Service Facilities and Utilities
(i) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. Trash, recycling, and organic waste bins and dumpsters ( trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited. Refuse enclosures shall be painted the same colors as a residential structure within the development.

Refuse enclosures shall screen trash containers on all four sides to

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Packet Pg. 470 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) the full height of the container, consistent with PHMC Section

18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.
(ii) Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from any adjacent property or public right-of-way or easement through the use of a fence or landscaping with a minimum height of six feet.
(iii) Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be screened from view from any adjacent property or public right-ofway or easement by a fence, wall, or landscaping. (iv) Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets. (v) Utility and mechanical equipment shall not obstruct pedestrian pathways.
(Q) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(R) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (S) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.
(T) Fire Safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.
(7) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.

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Packet Pg. 471 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(8) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period ofless than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
(9) Deed Restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
(E) States that:
(i) If the lot is formed by an urban lot split it is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
(ii) Development on the lot is limited to development of residential standards under this section of this code, except as required by state law.
(f) Specific Adverse Impacts.

8.4.d
Packet Pg. 472 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) (1) Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies.

If a two-unit project violates any part of this code or any other legal requirement:
( 1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

Section 4. CEQA. Under California Government Code sections 65852.21, subd. G), and 66411. 7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411. 7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental

8.4.d
Packet Pg. 473 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone.

Section 5. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional."
Section 6. This Urgency Ordinance shall be effective immediately, as it was adopted by the necessary four-fifths vote of the members of the City Council pursuant to the authority granted to it by Article XI, Section 7 of the California Constitution and Government Code Section 36937, which authorizes the City Council to adopt an ordinance that will take effect immediately if it is an ordinance necessary for the immediate preservation of the public peace, health or safety.

Section 7. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall post or publish this Ordinance as required by law.

8.4.d
Packet Pg. 474 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) Section 8. The foregoing Urgency Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Pleasant Hill held on the 6th day of December, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

DANIELL
Carlson, Flaherty, Harris, Rinn, Noack
None
None
None
SUSAN A. NOACK, Mayor

8.4.d
Packet Pg. 475 Attachment: Attachment D_Existing Urban Lot Split and Two Unit Project Ordinance (Sb 9 Ordinance Amendments) 1 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s City of Pleasant Hill
City Wide Design Guidelines and Objective Design Standards 2017 Residential Guidelines | 2021 Residential Objective Design Standards Residential Objective Design Standards
Adopted by City of Pleasant Hill City Council Resolution No. 18-22 Please note that these Guidelines and Standards are used in conjunction with the City of Pleasant Hill Zoning Ordinance, General Plan and Public Works Standards

8.4.e
Packet Pg. 476 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 2 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Contents
I. INTRODUCTION................................................................................................................. 4 A. Purpose of City-Wide Design Guidelines......................................................................... 4 B. Purpose of City-Wide Objective Design Standards.......................................................... 5 C. Design Guidelines & Objective Design Standards Considerations................................... 5 D. How to Use the City-Wide Design Guidelines and Objective Design Standards .............. 6 E. Frequently Asked Questions (FAQ)................................................................................. 7 F. Organization.................................................................................................................... 9 II. RESIDENTIAL....................................................................................................................10 A. Single-Family Residential ...............................................................................................10

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Site Planning Design Guidelines .................................................................................42

2. Site Planning Objective Design Standards..................................................................44

3. Scale and Mass Design Guidelines.............................................................................45

4. Scale and Mass Objective Design Standards..............................................................47

5. Architecture/Appearance Design Guidelines...............................................................49

6. Architecture/Appearance Objective Design Standards................................................53

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Packet Pg. 477 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 3 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

7. Environmental Sustainability Design Guidelines .........................................................55

8. Private Open Space Design Guidelines ......................................................................59

9. Private Open Space Objective Design Standards .......................................................60

10. Common Open Space/Amenities Design Guidelines ..................................................60

11. Common Open Space/Amenities Objective Design Standards ...................................61

12. Landscaping Design Guidelines..................................................................................61

13. Landscaping Objective Design Standards...................................................................67

14. Fences and Walls Design Guidelines..........................................................................68

15. Fences and Walls Objective Design Standards...........................................................68

16. Lighting Design Guidelines .........................................................................................69

17. Lighting Objective Design Standards ..........................................................................71

18. Circulation and Parking Design Guidelines .................................................................72

19. Circulation and Parking Objective Design Standards ..................................................77

20. Service Facilities and Utilities Design Guidelines ........................................................79

21. Service Facilities and Utilities Objective Design Standards .........................................82

22. Public Improvements Design Guidelines.....................................................................82

23. Signage Design Guidelines.........................................................................................83 C. Drainage and Stormwater Requirements........................................................................83

1. Drainage Design Guidelines .......................................................................................83 III. STREETSCAPE AND GATEWAYS....................................................................................85 A. Streetscape ....................................................................................................................85 B. Gateways .......................................................................................................................88 IV. Credits................................................................................................................................89 V. City of Pleasant Hill Resolution of adopting the City Wide Design Guidelines and Objective Design Standards .....................................................................................................................90 VI. City of Pleasant Hill Resolution of adopting the City Wide Design Guidelines (Resolution 68- 17) 91

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Packet Pg. 478 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 4 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s I. INTRODUCTION
The City of Pleasant Hill incorporated as a City in 1961. Its history goes further back than that, as it was farmland and orchards before residential and commercial uses started to spring up.

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

A. Purpose of City-Wide Design Guidelines
These Design Guidelines are intended to inspire thoughtful interpretation and response to design opportunities, while promoting and reinforcing the physical image of residential and commercial areas of the City of Pleasant Hill. The design guidelines use permissive language such as “should” or “may,” and are not intended to replace existing standards (e.g., Public Works Standards) or establish new mandatory requirements for the Zoning Ordinance or the General Plan or Public Works standards, All the regulations of those documents remain applicable and must be adhered to when designing projects.

However, the Design Guidelines are intended to encourage quality, well-designed development throughout Pleasant Hill that enhances existing neighborhoods, creates identity, and improves the overall quality of life within the City. The guidelines are intended to promote a desired level of future development in Pleasant Hill that:

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

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

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

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

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

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

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

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

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Packet Pg. 479 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 5 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s B. Purpose of City-Wide Objective Design Standards
The purpose of Objective Design Standards is to provide developers with a clear understanding of the City’s expectations for all residential project design. The design standards are written as objective requirements that use “shall” and “will” statements to confer mandatory compliance, opposed to the more permissive language found in the design guidelines. Accordingly, all residential projects shall comply with each objective design standard. Importantly, the design standards regulate site and structure design only. All residential projects are required to comply with all applicable building permit requirements, zoning ordinance requirements, development standards (e.g., ingress/egress, height and setbacks, drainage, etc.), and all other applicable City, County and State provisions. The City-Wide Objective Design Standards are shown in GREEN in this document.

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

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

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

3. Context – Design related to the surrounding environment.

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

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

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

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

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

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

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

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

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

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Packet Pg. 480 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 6 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s D. How to Use the City-Wide Design Guidelines and Objective Design Standards

1. General
The Design Guidelines are intended to generally influence the design of development/redevelopment of land uses throughout the City. The Design Guidelines are a policy document that guide development in Pleasant Hill. By contrast, the Objective Design Standards are a regulatory framework that, when used in conjunction with the applicable standards in the Pleasant Hill Zoning Ordinance, governs design of residential projects. The Pleasant Hill General Plan defines the community vision and establishes a framework to guide decision-making about development, land use, resource management, public safety, public services, and general community well-being.

Both the Pleasant Hill Zoning Ordinance and City-Wide Design Guidelines and Objective Design Standards are tools that implement the General Plan and are applicable to both new projects and improvements to existing projects (remodels and renovations). The City’s zoning rules and objective design standards (e.g., minimum yard setbacks, maximum building heights, etc.) are the required development regulations, while the design guidelines reflect City policy preferences and recommendations that influence the design of structures, landscape, etc. when an applicant proposes building and site improvements.

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

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

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

During the design stage, applicants should use these guidelines achieve the highest level of design quality and should consider the guidelines’ flexibility intended to foster creativity in response to existing conditions. An applicant may request a study session with the City’s ARC to receive preliminary feedback.

While projects should be designed to incorporate many of the design recommendations provided in the following pages, above all else, the City’s design review process will always encourage applicants to seek superior design solutions. The Design Guidelines should not seek to suppress creative, new, or innovative design; rather, they are intended to support and achieve good design.

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Packet Pg. 481 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 7 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Lastly, a successful project can also be impacted by the level, skill, and talent of the designer who creates the proposal and the craftsmen that construct the project. This means having plans prepared by a licensed professional, having a complete design application submitted to the City, and hiring a professional and competent construction team.

3. Objective Design Standards and the Architectural Review Process The objective design standards contained in this document offer clear design direction and are applicable to all residential development projects citywide. The objective design standards contain objective language that avoids personal or subjective judgement.

Further, these standards are applicable to those residential projects that qualify under State law for streamlined review. Pursuant to State law, certain qualified projects that meet all the objective design standards within in this document based on proposed typology (single-family vs. multi-family) are not subject to the City’s discretionary review process. Those projects that qualify for streamlined review pursuant to State law will be subject only to the City’s ministerial process (i.e., the City’s Building Permit application process). The Planning Division shall review qualified projects to verify compliance with all objective design standards. Those projects that do not qualify for streamlined review, or any applicant who elects not to pursue a streamlined review process for a qualified project, shall be subject to the ARC review process, as specified in the Pleasant Hill Zoning Ordinance.

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

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

2. When should I use this Design Guidelines and Objective Design Standards document?
You should use these guidelines and standards for any project that incorporates physical changes to a property. This can range from a new accessory structure to the smallest building addition or landscape change, to a large apartment complex. In addition, the guidelines and standards should be used during the early stages of the design process. More specifically, an applicant should review the Design Guidelines and Objective Design Standards prior to the creation of project plans for review by the City. Staff suggests contacting or meeting with City planning staff for preliminary feedback prior to formal plan submittal.

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

4. Are these Guidelines required?

8.4.e
Packet Pg. 482 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 8 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s The Design Guidelines reflect the policies of the General Plan. While no individual guideline is specifically required of any project, the Guidelines collectively are presented to assist the designer in creating a proposal that is consistent with the Zoning Code and the General Plan. In addition, since these Guidelines are endorsed by the City, it is expected that if the project incorporates design recommendations that improve the project, it will receive a higher level of support during the City design review process.

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

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

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

8. Do I have to incorporate every Design Guideline component mentioned? No. Consider the design components that are relevant to your project

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

10. If I use the recommendations contained in the Design Guidelines, does this mean an automatic approval of my proposal?
No. However, submitting a proposal that reflects the Design Guidelines will increase the likelihood that your project is viewed favorably by the City through the design review process.

11. What are the benefits of using these Guidelines?

8.4.e
Packet Pg. 483 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 9 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s The benefits include a potentially improved design, potential energy cost saving, or less long-term maintenance. In addition, using the recommendations contained in the Design Guidelines document could result in a greater level of support from the City.

12. Is there anything else that I need to know?
In addition to the City-Wide Design Guidelines and Objective Design Standards, there are also applicable building codes, City Engineering provisions, outside agency requirements (e.g., County Fire, the water district, PG&E, etc.), and zoning ordinance regulations that must be followed. Remember that that Design Guidelines offer additional design instruction that should be incorporated into your project, while the Design Standards provide additional regulations that residential projects must satisfy.

Additional information on the building code, City Engineering provisions, and zoning regulations is available online at https://www.pleasanthillca.org/55/Services. Any permit submittal (i.e. Building Permit, Zoning Permit, etc.) will be routed to the Building, Engineering, and Planning divisions and reviewed accordingly; many applications will also be routed to relevant outside agencies for their comments.

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

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

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

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

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

Design Guideline Graphics
Graphics and photos are provided throughout the document to provide the reader a greater understanding of the specific design guideline. Graphics and photos are provided for illustrative purposes of a specific guideline and do not necessarily represent an overall design preference (i.e., a photo describing a specific roof style does not also represent a City preference for related architecture, building size, or landscaping).

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Packet Pg. 484 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 10 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s II. RESIDENTIAL
A. Single-Family Residential
Single-family residential uses are lots or parcels containing single-family detached units or attached housing (such as a duet or duplex).

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

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

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Packet Pg. 485 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 11 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 1.g
h. Design and orient buildings so that sunlight directly enters the home during some part of the day year-round.
i. Direct line-of-site between dwelling units, specifically bedrooms and bathrooms should be minimized.
j. New homes should minimize the loss of existing mature trees on-site, using thoughtful and creative design.
(i) Removal of existing heritage or protected trees is limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in situations that renders the site undevelopable, or in other exception cases as noted Pleasant Hill Municipal Code (PHMC) Section 18.50.110.
(ii) An arborist report is required to be submitted with any project resulting in loss of heritage or protected trees and is subject to peer review. (iii) Encroachment into existing tree canopies should be minimized. (iv) Any encroachment into/beneath a heritage or protected tree canopy should include an arborist report to ensure that new construction does not negatively impact the long-term survivability of the tree.
(v) Balance the needs of the property owner with the City’s goals of mature tree preservation.

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

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Packet Pg. 486 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 12 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 1.k
l. New homes and building additions should be sensitive to existing structures and minimize obstruction of existing outward views where possible. m. Projects should be designed to minimize impervious surfaces and incorporate landscape elements to reduce runoff. Pervious pavements can help to reduce runoff.
n. Stormwater impacts need to be addressed in the early stages of project design as they often have an impact on site design. See City Engineering website for additional information -http://www.ci.pleasant-hill.ca.us/379/NPDES-Program. o. Urban Creek Guidelines.
(i) A larger setback should be provided for structures when located near deeper creeks (Per PHMC Section 18.50.150).
(ii) Development near and adjacent to creeks should minimize impacts to existing drainage facilities
(1) Proposed improvements should not diminish the capacity of the creek. (2) Proposed improvements should not increase flooding potential. (3) Runoff should be detained on-site prior to discharge into the creek. (4) Proposed improvements should not cause an increase in erosion or cause instability of the creek banks.
(5) Outfalls to creeks should minimize creek erosion.
(iii) Development adjacent to creeks should minimize impacts to the riparian habitat.
(1) Improvements should be kept away from riparian corridors. (iv) Improvements within creeks are discouraged; however, when proposed, should be limited to outfalls, infrastructure improvements, and landscaping approved by local, state, and regional agencies.

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Packet Pg. 487 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 13 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (v) Creek stabilization should incorporate soil bio-engineering and plant-based methods.
(1) Creek improvements should require minimal maintenance. (vi) Access for the maintenance and monitoring of creeks should be provided. (vii) Improvements within creeks should be designed for longevity.

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

2.b.ii)
Figure 2.b.ii
Figure 2.b.ii

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Packet Pg. 488 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 14 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Vehicle charging facilities shall be housed within a garage or screened from view from the street by a fence or landscaping.
c. Utility and Service Areas.
(i) Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence and a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping. (See Figure 2.c.i)
Figure 2.c.i
(ii) Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.

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Packet Pg. 489 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 15 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Utility and mechanical equipment shall not obstruct pedestrian pathways.

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

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

8.4.e
Packet Pg. 490 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 16 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.e

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

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

8.4.e
Packet Pg. 491 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 17 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s d. Structures should be visually and architecturally pleasing by varying the height, color, setback, materials, texture, trim and roof shape, and landscape. e. Facades should be varied and articulated to provide visual interest to the street and pedestrians.
f. Buildings should include architectural details that may include, but not limited to:
porches, bay windows, balconies, railings, fascia boards, and trim to enhance the character of the building. (See Figure 5.f)
Figure 5.f
g. Building materials and colors should enhance the neighborhood and be compatible to the neighborhood.
(i) Colors should be carefully selected to complement the overall design composition.
(ii) To help reduce the appearance of bulk, building body colors should be lighter than trim colors.
h. No building façade should consist of an unarticulated blank wall or an unbroken series of doors.
i. Recessed windows should be used where appropriate.
j. Architecture should treat the structure entirely and finish appropriately on all sides of the building to provide continuity. (See Figure 5.j)

8.4.e
Packet Pg. 492 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 18 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 5.j
k. For most architectural styles, the number of colors on the exterior should be minimized with additional contrasting color for accents. l. Building additions/renovations should blend with the remainder of the building and not appear “added” on.
m. Building Features.
(i) High quality doors and windows should be used with style and placement that is consistent with the architectural design of the building. (ii) Building features, such as lighting fixtures, mailboxes, and address numbers, should be placed with care.
(iii) Shutters and vents placed, sized, scaled to the building. n. Roofs (See Figure 5.n)
(i) Roof materials should relate to the design and architectural style of the building.
(ii) Roofs materials should have texture and relief.

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Packet Pg. 493 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 19 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 5.n

6. Building Architecture and Appearance Objective Design Standards a. Architectural Appearance.
(i) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent property line.
(ii) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.
b. Materials.
(i) Accessory structures shall be constructed of the same materials, colors, roof type as the primary structure. (See Figures 6.b.i)

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Packet Pg. 494 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 20 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 6.b.i

8.4.e
Packet Pg. 495 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 21 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Windows shall be recessed by a minimum of two inches from the wall plane or shall include wood, metal, or engineered wood trim with a minimum width of three inches and minimum depth of three-quarters of an inch. (iii) Single family subdivisions with two or three units shall provide a minimum of two-color schemes. Single family subdivisions with more than three residential structures shall provide a minimum of three-color schemes and shall not use a single-color scheme on more than 40 percent of the residential structures. Structures shall incorporate a color scheme that contains a maximum of four distinct colors per building. A color scheme is defined as (body one and/or body two, trim, and a contrasting accent color).

Adjacent structures shall not use the same color scheme.

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

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

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

There are no Accessory Dwelling Unit Objective Design Standards.

8.4.e
Packet Pg. 496 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 22 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 8.a
d. Heritage and protected trees are required to be preserved for the community’s enjoyment subject to Pleasant Hill Municipal Code (PHMC) Section 18.50.110. (i) Heritage trees are those that have been enrolled in the City’s Heritage Tree Program and must have a trunk diameter of 16 inches or more or any tree grouping in the City with at least one tree of this diameter. (per Municipal Code Section 18.50.110.E.).
(ii) Protected trees are identified as a native or indigenous tree with a trunk diameter 9 inches or greater at a height of 54 inches from the ground, or any non-native tree with a trunk diameter greater than 18 inches at a height of 54 inches from the ground (per Municipal Code Section 18.50.110.A.). e. Existing heritage and protected trees should be preserved to the greatest extent possible as per PHMC Section 18.50.110. In addition, the loss of mature trees should be minimized where possible.
(i) Removal of existing heritage and protected trees should be limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in cases that renders the site not developable, or in other exception cases as noted in PHMC Section 18.50.110.
(ii) New structures should be designed to avoid conflict with existing heritage and protected trees where possible.
(iii) Any loss of heritage or protected trees require an arborist report as part of the project request and may be peer reviewed for accuracy by the City. (iv) Replacement of removed trees should be replaced at a higher ratio than the number removed. In addition, native and indigenous trees should be replaced with like trees, while non-native trees may be replaced by a broader palette of tree species.

8.4.e
Packet Pg. 497 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 23 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s f. Plant material should be sited to respect lighting and allow emergency apparatus access. Trees and large shrubs should be sited to avoid potential damage to overhead lines or underground utilities.
g. Trees should be sited to respect solar access to photovoltaic (PV) facilities. h. In areas of natural predominance, trees should be planted in a random manner where possible. (See Figure 8.h)
Figure 8.h
i. Native, drought tolerant plant materials and other plant species which are well adapted to local climatic conditions should be strongly considered as they can preserve water resources and can better achieve compliance with the City’s water efficient landscape requirements (PHMC Chapter 18.52 of the Zoning Ordinance).
j. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space." k. Landscape plans should maximize the use of shade (deciduous) trees to provide cooling during the warm summer season. (See Figure 8.k)

8.4.e
Packet Pg. 498 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 24 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 8.k
l. Deciduous trees should be planted 20’-40’ apart on the south and west side of buildings for maximum solar protection during the summer and gain during the winter. (See Figure 8.l)
Figure 8.l
m. The scale and nature of landscaping materials should be appropriate to the site, structures, and neighborhood.
n. When selecting plant materials, the following design guidelines should be followed:
(i) When replacing existing mature trees, new trees should be 36–48-inch box size to quickly replace the lost tree canopy or smaller trees should be planted in numbers that replace the lost tree canopy.
(ii) Trees species and sizes should be selected that best fits the planting areas.

8.4.e
Packet Pg. 499 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 25 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Shrubs species and sizes should be selected that best fit the planting environment. (iv) Ground cover should be planted using spacing and sizes that will accomplish ground coverage within a short amount of time. o. Landscaping should avoid creating a green wall of vegetation (typically greater than three feet in height) at the front yard.
p. Hardscape should be minimized in the front yard.
(i) At least 50% of the front yard should have live landscaping consistent with Zoning Ordinance provisions (PHMC Section 18.20.040.G.). q. Air conditioning/mechanical equipment should be placed out of view from the public right-of-way through the use of landscaping or walls/fences (PHMC Section 18.50.090).
(i) Where possible, air conditioning and mechanical equipment should be located on the north and east sides to minimize stress on the systems during warmer months.
r. Landscaping should be selected and planted in a way that will avoid costly and repeated maintenance and discourages weeds and other invasive growth from affecting the original landscape plan.
s. Sight distance zones are to be kept clear in compliance with City requirements (PHMC Section 18.50.100 & 18.55.130).

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

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

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Packet Pg. 500 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 26 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s c. Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks. d. All areas not occupied by structures or pavement shall be landscaped.

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

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

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

Figure 10.a
d. Vehicular gates are discouraged.
e. Vertical elements, fence height changes, or change in plane should be incorporated into the design of fences and walls especially for long runs. (See figure 10.e)
f. Landscaping should be used as part of the design of the fence or wall to soften and screen large masses of blank wall surface area.

8.4.e
Packet Pg. 501 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 27 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 10.e
g. Fences and walls taller than 3 feet are prohibited within all vision triangles (street corners and driveway entrances) (PHMC Section 18.50.100 & 18.55.130) Fences, mailboxes, walls, and other landscape structures are prohibited in the public right-of- way.
h. To keep scenic corridors in its natural appearance, the use of walls and fences should be minimized to preserve scenic corridors along designated corridors.

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

8.4.e
Packet Pg. 502 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 28 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 11.b
c. Chain-link fences are prohibited.

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

8.4.e
Packet Pg. 503 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 29 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 12.b
e. Exterior light fixtures should incorporate full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixtures.
f. Each situation is different as the effect of accent lighting may be minimized due to the existing built environment.

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

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

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

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

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

8.4.e
Packet Pg. 504 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 30 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Design homes to respect their immediate neighbors. (iv) Preserve mature landscaping.
b. Design Techniques
(i) Utilization of similar roof forms and pitches.
(ii) Use of similar scale entries.
(iii) Keeping first floor eave heights similar to neighboring homes (iv) Use first floor roof elements to break up two story walls. (See Figure 14.b(iv)) The use of such elements helps to break up the massing of large unadorned second-story walls and provides additional architectural interest. (v) Limiting second floor area and volume.
(vi) Setting back second floor walls from first floor walls below. (See figure

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

8.4.e
Packet Pg. 505 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 31 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 14.b (vi)
(vii) Setting back second floor walls from first floor walls below. (See Figure

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

8.4.e
Packet Pg. 506 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 32 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 14.b (viii)
(ix) Second floor windows should be designed to preserve the privacy of adjacent properties where possible.
(x) New development should be considerate of existing outward views.

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

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

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

8.4.e
Packet Pg. 507 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 33 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s design guidelines, the following are specific to new single-family residential subdivisions:
a. Existing mature trees should be preserved on-site to the greatest extent possible to maintain the City’s existing urban forest.
(i) Removal of existing heritage or protected trees is limited to circumstances where the tree is dead or dying, poses a life/safety hazard, in situations that renders the site undevelopable, or in other exception cases as noted in Pleasant Hill Municipal Code (PHMC) Section 18.50.110.
(1) Any loss of mature trees requires an arborist report as part of the project request and should be peer reviewed for accuracy by the City. (ii) Buildings and roadways should be sited to save as many mature trees as possible
(iii) When mature trees are removed, the amount of replacement trees should be adequate to replace the lost canopy.
(iv) Incorporate tree protection measures to save significant sized trees. (v) Incorporate designs that ensure the long-term longevity of trees. b. The circulation system should be logical, predictable, and not confusing. Streets should connect to adjacent neighborhoods to provide access to schools, parks, and community centers.
(i) Pedestrian paths, trails, etc. should be provided throughout the entire community without dead ends.
c. New streets (public and private) are required to meet all City standards (as per Public Works Standards).
(i) Non-arterial streets should minimize width to the greatest extent possible. (ii) New streets should be designed to accommodate alternative modes of transportation.
(iii) Connect to the existing street network.
d. Sidewalks should be incorporated as per Public Works Standards. e. Street patterns that create long uninterrupted walls at the property line should be avoided.
f. Traffic calming devices can be incorporated into the project on a case-by-case basis.
g. Varied front yard setbacks (as allowed by the Zoning Code) should be used throughout the subdivision. (See Figure 15.g)

8.4.e
Packet Pg. 508 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 34 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.g
h. Corner lots should be bigger than inside lots to avoid penalizing development of the lots.
i. Mass grading should be minimized, especially in hillside areas, to the greatest extent possible and as per PHMC Section 18.35.040.B.).
j. Subdivisions that back up to non-residential uses and arterial streets should incorporate landscape buffers, fencing, or deeper yards to mitigate potential noise, aesthetics and land use compatibility impacts to the greatest extent possible.
k. Homes should employ varying color combinations and architecture to provide variety within the subdivision. Three different models/architectural packages should be submitted for subdivisions.
l. New subdivisions should physically connect to adjacent neighborhoods. m. Lighting should be sited appropriately to enhance a projects appearance and for safety reasons.
(i) Use alternative fixtures/luminares for illumination rather than typical streetlights including pedestrian scale lighting where appropriate. (See Figure

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

8.4.e
Packet Pg. 509 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 35 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.m(i)
n. Landscaping
(i) Visual focal points such as fountains, sculpture, and public art are strongly encouraged in larger subdivisions. (See Figure 15.n(i)) Figure 15.n(i)
(ii) Design and material elements of walls and fences should be consistent in style throughout the subdivision.
(1) Open space areas should have easy access, clear visibility, and not hidden by buildings and structures.
(2) Provide adequate visitor parking.

There are no Subdivision Objective Design Standards.

8.4.e
Packet Pg. 510 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 36 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

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

8.4.e
Packet Pg. 511 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 37 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 16.a(ii)
d. Drainage patterns should be preserved or improved to the greatest extent possible.
e. Hillside structures should be clustered together to provide maximum open space. (See Figure 16.e)
Figure 16.e
f. Landscaping should be native and drought tolerant species (except immediately adjacent to residential structures, PHMC Section 18.35.050.C) and relate to the existing vegetation in the area.

8.4.e
Packet Pg. 512 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 38 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s g. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space." h. Use of fences should be minimized. When proposed, an open design is encouraged.
i. Use of retaining walls should be minimized with designs that are low in height and reduced in bulk and mass. The maximum height of retaining walls should be limited to 4 feet in height. If greater heights are needed, appropriately spaced terracing should be implemented in the design.
j. Use of colors in the hillside should be neutral without causing sharp contrast. k. Use of exterior lighting in the hillside should be minimized. (i) Lighting should be minimized where possible and should only be used for safety reasons.
(ii) Use alternative fixtures/luminares sources for illumination rather than typical streetlights including pedestrian scale lighting where appropriate. (iii) Public street lighting fixtures are required to be approved by the City prior to installation.
l. Use of pervious materials is encouraged to reduce surface runoff. m. Building and landscape materials that reduce fire hazards should be used throughout hillside developments.
n. Utilities, transformers and other mechanical equipment should be designed to be shielded from public views as per PHMC Section 18.50.090. o. Larger land area is needed in the hillsides compared to comparable development in areas that are flat.

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

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

There are no Hillside Residential Objective Design Standards.

8.4.e
Packet Pg. 513 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 39 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Using recycled materials, low energy bulbs and low flow fixtures, energy efficient appliances, windows, tankless water heaters, etc. (iii) Recycle and reuse materials from the existing structure. (iv) Using higher quality, long lasting materials that result in reduced maintenance and greater longevity. (See Figure 17.a(iv))
Figure 17.a(iv)
(v) Implement advanced building techniques and materials, including some listed below:
(1) Use of web floor trusses.
(2) Consider the use of recycled steel material, rather than lumber. (3) Use of structural insulated panels (SIP).
(4) Use engineered lumber.
(5) Use of cool roofs.
(vi) Installing attachments and pre-wiring for solar energy in new construction. (vii)Ensure equipment used to harness the energy of the sun is located in the most opportune location to make use of the full extent of natural energy. (1) Trees should be sited to respect solar access to solar cell facilities. (2) Solar cells should be sited in positions that will allow the greatest extent of sunlight exposure. (See Figures 17.a(vii)1 and 17.a(vii)2)

8.4.e
Packet Pg. 514 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 40 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 17.a(vii)1
Figure 17.a(vii)2
(viii) Projects should incorporate electric/alternative fuel vehicle charging facilities within new/remodeled development projects, consistent with zoning ordinance requirements. Furthermore, the vehicle charging facilities should be located close to the garage’s electrical panel and should “blend in” with the house design/color to provide architectural compatibility. (Per PHMC Section 18.55.070A)
(ix) Follow recommendations included in the United States Green Building Council for Green Building and encourage projects to be compatible with Leadership in Energy and Environmental Design (LEED) standards. b. Water Efficient Landscaping

8.4.e
Packet Pg. 515 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 41 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Ensure compliance with City Water Efficient Landscape Ordinance provisions (Per PHMC Chapter 18.52).
(ii) Protect and keep native soils and vegetation in its existing state to decrease the need to replant.
(iii) Reuse plant materials from the site if appropriate. (iv) The use of native plants that requires less irrigation.
(iv) Use of irrigation systems that effectively use water resources. (v) Provide for on-site water catchment/retention to reduce the need for water. (vi) Use lighter colored paving materials and open grid paving systems. (1) Use colors that reflect, rather than absorb heat.
(2) Consider decomposed granite or crushed rock instead of asphalt where appropriate.

There are no Environmental Sustainability Objective Design Standards.

8.4.e
Packet Pg. 516 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 42 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s B. Multi-Family Residential
Multi-Family residential uses include multiple dwelling units and include townhouses, condominiums, and apartment complexes. The following design guidelines apply to multi- family residential uses.

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

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

8.4.e
Packet Pg. 517 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 43 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) An arborist report is required for any project that results in loss of heritage and protected trees and the report is subject to peer review by the City. (iii) Encroachment into existing tree canopies should be minimized to the greatest extent possible.
(iv) Any encroachment into/beneath a tree canopy requires an arborist report to ensure that new construction does not negatively impact the long-term survivability of the tree.
(v) Removed trees should be replaced with quality species trees at a number that the site can reasonably accommodate. Native and indigenous trees should be replaced with like trees, while non-native trees may be replaced by a broader palette of tree species.

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

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

8.4.e
Packet Pg. 518 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 44 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (ii) Development near and adjacent to creeks should minimize impacts to existing drainage facilities.
(1) Proposed improvements should not diminish the capacity of the creek. (2) Proposed improvements should not increase flooding potential. (3) Runoff should be detained on-site prior to discharge into the creek. (4) Proposed improvements should not cause in increase in erosion or cause instability of the creek banks.
(5) Outfalls to creeks should minimize creek erosion.
(iii) Development adjacent to creeks should minimize impacts to the riparian habitat.
(1) Improvements should be kept away from riparian corridors. (iv) Improvements within creeks are discouraged; however, when proposed should be limited to outfalls, infrastructure improvements, and landscaping approved by local, state, and regional agencies.
(v) Creek stabilization should incorporate soil bio-engineering and plant-based methods.
(vi) Creek improvements should require minimal maintenance. (1) Access for the maintenance and monitoring of creeks should be provided.
(vii)Improvements within creeks should be designed for longevity.

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

8.4.e
Packet Pg. 519 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 45 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 2.b
c. All entries facing a public street shall have a pedestrian pathway that connects to the public sidewalk or a public street.
d. All public property that fronts a project shall be improved to current Public Works standards and specifications. Projects shall install and dedicate street improvements including, but not limited to curb and gutter, sidewalk, driveway aprons, street paving, storm drainage facilities, sewer and water, fire protection, undergrounding of utilities and street lighting.

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

8.4.e
Packet Pg. 520 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 46 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.a
b. Overall height of new structures should be in scale with other buildings in the neighborhood.
c. Appropriate buffers and transitions should be used when locating multi-story buildings adjacent to single story buildings. (See Figure 3.c) Figure 3.c
d. Facades of horizontal buildings should be broken into smaller components through use of vertical elements or recessing of the building. e. Long rooflines should be broken up and provided with articulation. (See Figure.

3.e)

8.4.e
Packet Pg. 521 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 47 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.e

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

8.4.e
Packet Pg. 522 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 48 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 4.c.i
Figure 4.c.ii

8.4.e
Packet Pg. 523 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 49 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 4.c.iii

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

8.4.e
Packet Pg. 524 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 50 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figures 5.a
b. Designs should be visually appealing and include varied facades and pleasing exterior elevations.
(i) Special architectural treatment should occur at the ends/corners of buildings. (See Figures 5.b(i))
(ii) Structures should have varying height, color, setback, materials, texture, landscaping, trim and roof shape.
(iii) Facades should be varied and articulated to provide visual interest to the street and pedestrians.

8.4.e
Packet Pg. 525 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 51 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figures 5.b(i)
c. Building materials and colors should be complementary to the surrounding area.

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

8.4.e
Packet Pg. 526 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 52 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s g. Windows should be recessed to the building façade to provide increased visual interest to the building.
h. The finished architecture should treat the whole structure and finish appropriately on all sides to provide continuity. (See figure 5.h)
Figure 5.h
i. Windows should be appropriately sized, spaced, and composed on the building. j. Architectural features (such as awnings, shutters, tile, and metal elements) should be used on the exterior to provide increased visual interest to the building where appropriate. (See Figure 5.j)
Figure 5.j
k. Roof materials should relate to the design and architectural style of the building. l. Plans submitted to the City should be prepared by a licensed professional.

8.4.e
Packet Pg. 527 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 53 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

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

8.4.e
Packet Pg. 528 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 54 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iv) Position the window so that it is not in line or directly face a window on an adjacent structure.

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

8.4.e
Packet Pg. 529 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 55 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 6.b.iv
c. Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.

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

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

8.4.e
Packet Pg. 530 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 56 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (iii) Refer to landscape section for additional landscape recommendations b. Using recycled materials, low wattage bulbs, low flow fixtures, energy efficient appliances, windows, tankless water heaters, etc.
c. Recycle and reuse materials from the existing structure. d. Using higher quality, long lasting materials that result in reduced maintenance and the need to use new materials less frequently.
e. Quality Insulation in buildings can better moderate inside temperatures. f. Implement advanced building materials and techniques, including some listed below:
(i) Use of advanced framing design.
(ii) Consider the use of recycled steel material, rather than lumber. (iii) Use of structural insulated panels (SIP).
(iv) Use engineered lumber.
(v) Use of cool roofs. (See Figures 7.f (v))
Figures 7.f(v)
g. Installing attachments and pre-wiring for solar energy in new construction. h. Ensure equipment used to harness the sun is located in the most opportune location to make use of the full extent of natural energy. (i) Trees should be sited to respect solar access to photovoltaic (PV) facilities. (ii) Solar cells should be sited in positions that will allow the greatest extent of sunlight exposure. (See Figure 7.h (ii))

8.4.e
Packet Pg. 531 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 57 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 7.h(ii)
i. Follow recommendations included in the United States Green Building Council for Green Building and encourage projects to be compatible with Leadership in Energy and Environmental Design (LEED) standards.
j. Achieve “ENERGY STAR” certification through the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE). k. Projects should incorporate electric/alternative fuel vehicle parking spaces and facilities within new development projects, consistent with Zoning Ordinance requirements. Furthermore, private vehicle charging facilities should be located close to the garage’s electrical panel and should “blend in” with the house design/color to provide architectural compatibility.
l. Water Efficient Landscaping
(i) Minimize disruption to existing native soils and vegetation to decrease the need to replant.
(ii) Reuse plant materials from the site if appropriate. (iii) The use of native plants that require less irrigation. (iv) Use of irrigation systems that effectively use water resources. (v) Provide for on-site water catchment/retention to reduce the need for water. (vi) Ensure compliance with City Water Efficient Landscape Ordinance requirements.
(vii)Consider decomposed granite or crushed rock instead of asphalt where appropriate.
m. Provide shade at hardscape areas (See Figure 7.l)
n. Use less paving, lighter colored paving materials, and open grid paving systems.

8.4.e
Packet Pg. 532 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 58 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 7.l
There are no Environmental Sustainability Design Standards.

8.4.e
Packet Pg. 533 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 59 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

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

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

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

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

Figure 8.a,b,c

8.4.e
Packet Pg. 534 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 60 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

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

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

8.4.e
Packet Pg. 535 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 61 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s d. Open space areas should be designed to take advantage of sunlight and open air.
e. Projects should provide common amenities to enhance the livability of the project, including, but not limited to pools, exercise rooms, play facilities, and community rooms.
f. Play areas should be centrally located and designed in a manner that allows for adult supervision and child safety.

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

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

8.4.e
Packet Pg. 536 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 62 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 12.a
Figure 12.b
c. Select landscape materials and plants that are appropriate in scale and function with the site and for the site conditions.
d. Landscape should generally have a logical tiered system. e. Heritage and protected trees should be preserved for the community’s enjoyment to the greatest extent possible.
(i) Heritage trees are defined as any tree enrolled in the City’s Heritage Tree Program and with a trunk diameter of 16 inches or more or any tree grouping

8.4.e
Packet Pg. 537 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 63 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s in the City with at least one tree of this diameter [per Pleasant Hill Municipal Code (PHMC) Section 18.50.110.E].
(ii) (ii) Protected trees are identified as a native or indigenous tree with a trunk diameter 9 inches or greater at a height of 54-inches from the ground, or any non-native tree with a trunk diameter greater than 18 inches at a height of 54- inches from the ground (as per PHMC Section 18.50.110.A). f. Existing, mature trees should be preserved to the greatest extent possible and incorporated within the overall landscaping plan.
(i) New structures should be designed to not impact existing mature trees to the greatest extent possible.
(ii) Arborist reports should be provided for new development with existing heritage and protected trees at the site.
(iii) An arborist report is required for any project resulting in loss of mature trees and the report may be subject to peer review for accuracy by the City. (iv) Incorporate tree protection measures to save heritage and protected sized trees. (v) Incorporate designs that ensure the long-term longevity of trees. g. Provide landscaping that supports solar gains. (See Figure 12.g) (i) Providing shade trees to help cool buildings during summer months. (ii) Planting deciduous trees 20’-40” apart on the south and west sides of buildings to shade during the summer and allow sunlight through during winter months.
(iii) Use 1/3 evergreen trees for winter structure and variety. (iv) Trees should be sited to respect solar access to photovoltaic (PV) facilities.

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

8.4.e
Packet Pg. 538 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 64 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s i. Landscaping should be incorporated into projects to create an inviting and comfortable environment for residents. (See Figure 12.i) Figure 12.i
j. Landscaping should avoid creating a green wall of vegetation (typically greater than three feet in height) at the front yard.
k. Landscape and hardscape elements should define useful public and private spaces. (See Figure 12.k)
Figure 12.k

8.4.e
Packet Pg. 539 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 65 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s l. Seating options in landscaped areas should be provided. m. Visual focal points such as fountains, sculpture, and art are strongly encouraged to be integrated into landscaping. (See Figure 12.m)
Figure 12.m
n. Walls in alleys abutting residential uses should be screened with landscaping such as clinging vines. Landscape areas adjacent and between garages in alleyloaded residential areas are encouraged. (See Figure 12.n) Figure 12.n

8.4.e
Packet Pg. 540 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 66 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s o. Up-lighting should be provided to highlight and accentuate special or significant landscape elements.
p. Vines and climbing plants integrated upon buildings, trellises, and perimeter walls are encouraged.
q. Structural soil should be used in planting areas that are small and constrained. r. Landscaping should be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces.
s. Plant material should be sited to respect lighting and allow emergency apparatus access. Trees and large shrubs should be sited to avoid potential damage to overhead lines or underground facilities
t. Utilize landscaping to provide screening of above ground equipment, trash facilities, and parking lots.
(i) Where possible, air conditioning and mechanical equipment should be located on the north and east sides to minimize stress during warmer months. u. Vines and climbing plants integrated upon buildings, trellises, and perimeter walls are encouraged. (See Figure 12.u)
Figure 12.u
v. When selecting plant materials, the following design guidelines should be followed:
(i) When replacing existing mature trees, new trees should be 36–48-inch box size to quickly replace the lost tree canopy or smaller trees should be planted in numbers that replace the lost tree canopy.
(ii) Trees species and sizes should be selected that best fit the planting areas. (iii) Shrub’s species and sizes should be selected that best fit the planting environment.
(iv) Ground cover should be planted using spacing and sizes that will accomplish ground coverage within a short amount of time.
w. To provide for better fire protection, landscape plans for properties in close proximity to open space areas should reflect the Contra Costa County Fire Protection District's guidelines for "Defensible Space."

8.4.e
Packet Pg. 541 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 67 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s x. Encourage the use of alternative sources of water (rainwater, recycled) where possible for irrigation.
y. Landscaping should emphasize native and water-efficient plants. z. Irrigation
(i) Automatic sprinkler controls with rain sensors should be installed to ensure that landscape areas would be watered adequately.
(ii) Sprinkler heads and risers should be protected from dogs, movers, gardeners, and car bumpers. Pop-up heads should be used near curbs and sidewalks.
(iii) The landscape irrigation system should be designed to prevent run-off and overspray.
(iv) Irrigation should use drip and low flow systems to minimize use of water. (v) Irrigation should be designed consistent with the City Water Efficient Landscape requirements of the Zoning Ordinance (PHMC Chapter 18.52). aa. To ensure successful and attractive landscaping on multi-family sites, landscape plans should be prepared by a landscape designer, licensed landscape architect, or other qualified professional.

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

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

8.4.e
Packet Pg. 542 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 68 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s

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

15. Fences and Walls Objective Design Standards
a. Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet. (see figure 15.a)

8.4.e
Packet Pg. 543 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 69 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 15.a
b. Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
c. Chain-link fences are prohibited.

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

8.4.e
Packet Pg. 544 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 70 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) As a general rule, the height of the light poles should be lower than the main building height. (See Figure 16.d(i, ii))
(ii) Pedestrian scale lighting should be appropriate to the setting. (See Figure

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

8.4.e
Packet Pg. 545 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 71 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 16.g
Figure 16.g
i. Wall pack glare should be shielded and minimized.
j. All pedestrian and vehicular areas should be well-lit for safety and security. k. Subtle illumination to enhance the architectural form of a building is encouraged.

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

8.4.e
Packet Pg. 546 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 72 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s temperature of 3000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in Subsection 18.55.140(b) of the Zoning Ordinance. A photometric plan shall be provided to show compliance.
b. Light fixtures that are not used for security and safety purposes shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited unless necessary for security and safety purposes.

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

8.4.e
Packet Pg. 547 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 73 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(2)
(3) Access is encouraged to adjacent uses.
(4) When in close proximity to trails and other established pedestrian paths, direct access should be provided.
(5) Pedestrian walkways should be safe, visually attractive, and well defined by landscaping and lights. Use of decorative pavement is encouraged in hardscape areas, at a minimum it should be used to delineate crossings. (See Figure 18.b (5))

8.4.e
Packet Pg. 548 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 74 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(5)
(6) Walkways should be at least 4 feet clear in width.
(7) Circulation should take into account CBC & ADA requirements in the early stages of project design.
b. Parking. Parking is an important issue that needs to be properly addressed in multi-family housing development. Large parking spaces can dominate a site and consume open space possibilities; however, it is needed in adequate amounts as part of a successful development. Parking areas should be safe and secure and allow easy access from housing units.
(i) Parking areas should be well-designed and safe, located away from public views.
(ii) Parking lots should be sited at the rear or side of the site to allow a majority of the dwelling units to front the street. (See figure 11.b(ii)) (iii) Garages/carports should be architecturally integrated with the main building and be architecturally consistent with the style/design. (iv) d. Multiple small parking lots should be built in-lieu of one large lot. (See Figure 18.b(iv))

8.4.e
Packet Pg. 549 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 75 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(ii, iv)
(v) When parking lots are along the street frontage, they should be screened with landscaping.
(1) Trees and shrubs should be planted to soften the impact of parking areas and provide shade for parking to the greatest extent possible. (See Figure

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

8.4.e
Packet Pg. 550 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 76 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 18.b(vii)
(ix) Trees should be located to avoid contact with vehicle overhang and car doors.
(x) When parking structures are proposed, blank and unarticulated walls should be avoided or decorated with artwork and/or vegetation. (See Figure 18.b(x)) (xi) Parking lots should be sited in proximity to dwelling units to allow for casual surveillance.

Figure 18.b((x)

8.4.e
Packet Pg. 551 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 77 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (xii)The number of driveways should be minimized and located an adequate, safe distance from street corners.
(xiii) Driveway entrances (from streets) should receive special landscape and paving treatments to break up paving expanses and to define the site entrance. (See Figure 18.b(xiii))
Figure 18.b(xiii)
(xiv)Parking spaces off of main vehicular entryways should be at least one car length (15’ minimum) away from the street to allow safe ingress and egress for the first parking space.
(xv) Accessible parking spaces will be required to comply with current requirements.
(xvi)Parking lots should be drained to landscape or other filtering solutions to minimize polluted runoff.

19. Circulation and Parking Objective Design Standards
a. Parking shall be prohibited between the structure front and the street. b. Parking spaces located off main vehicular entryways shall be a minimum of 20 feet away from the street to allow safe ingress and egress for the first parking space. (See Figure 19.b)

8.4.e
Packet Pg. 552 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 78 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 19.b
c. Projects with more than 10 units shall provide a minimum of two parking areas.

No more than 60 percent of the parking stalls may be sited in a single parking area unless in a multi-level structure.
d. Exterior facing walls of parking structures shall be articulated with artwork, natural ventilation, and/or landscaping at minimum intervals of 10 feet. The articulation shall occupy a minimum area of 16 square feet of wall surface area. (See Figure 19.d)

8.4.e
Packet Pg. 553 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 79 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 19.d
e. Carports shall use a color scheme from a structure within the development. f. Parking areas shall be lined with 24-inch box shade trees planted every 30 feet, on average.
g. Perimeter landscaping shall be provided around parking lots as per PHMC Section 18.50.140.
h. Parking areas, excluding those with carport-mounted solar panels, shall include one tree for every three stalls. Trees shall be a minimum of 24-inch box size at the time of planting.
i. Parking areas shall be interconnected and shall use shared driveways accessing the development.
j. All structures, amenities, parking areas, building entries, and common spaces shall be connected by pedestrian pathways with a minimum width of four feet. k. Pedestrian pathways shall be connected to the public sidewalk along each street frontage.

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

8.4.e
Packet Pg. 554 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 80 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s b. Provide access for service vehicles and separate from other on-site circulation patterns when possible.
c. Fully screen all service facilities from the public street and adjoining properties.

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

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

8.4.e
Packet Pg. 555 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 81 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 20.e(iii, iv, v)
f. Trash and Recycling Facilities
(i) All multi-family projects should provide for adequate storage of trash and recyclable materials in enclosed areas (PHMC Section 18.50.070). Typically, for any enclosed area, 40% of the floor space should be allocated for trash, 40% for recycling, and 20% for organics. Where an enclosure contains both carts and bins, an area that is 150% of the sum of bin and cart footprints is recommended.
(ii) Trash enclosures should be conveniently accessible by collection trucks and sufficient space provided to move bins and carts as needed by users. (iii) Enclosures should be in rear and side yards.
(iv) Provide a pad durable enough (i.e. reinforced concrete pad, reinforced paving) to withstand garbage collection activities in front of and within enclosures.
(v) Enclosures should be located within close proximity (within 300 feet) of each unit for user convenience.
(vi) Trash enclosures should screen trash containers on all 4 sides to the full height of the container, consistent with PHMC Section 18.50.070. Enclosure gates should be equipped with a mechanism (i.e. self-latching/self-closing gates) to secure the doors in the open and closed position. Enclosure should be covered to prevent storm water contamination
(vii)The style, material, and color of enclosures should be similar to those of the main structure. (See Figure 20.f(vii))

8.4.e
Packet Pg. 556 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 82 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 20.f(vii)

21. Service Facilities and Utilities Objective Design Standards a. Trash, recycling, and organic waste bins and dumpsters (trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited.

Refuse enclosures shall be painted the same colors as a residential structure within the development. Refuse enclosures shall screen trash containers on all four sides to the full height of the container, consistent with PHMC Section

18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.
b. Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from the street by landscaping with a minimum height of six feet.
c. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping.
d. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.
e. Utility and mechanical equipment shall not obstruct pedestrian pathways.

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

When this occurs, the private developer is responsible to repair any damage. It is also the expectation that improvements will occur along all frontages related to the project boundaries and any relevant areas that will be impacted by the proposed development.
a. All public property that fronts a project should be improved to current standards.

8.4.e
Packet Pg. 557 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 83 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Improvements include streets, sidewalks, and landscaping. (ii) ADA improvements are required.
(iii) Street widening may occur when deemed appropriate for an area. (iv) New lighting and signage may also be required.
b. Improvements can be required further away from the project site. (i) Lane widening to accommodate traffic increases.
(ii) A new or modified traffic signal at nearby intersections.

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

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

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

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

There are no Public Improvement Objective Design Standards.

There are no Sign Objective Design Standards.

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Packet Pg. 558 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 84 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s c. Projects should maximize and preserve existing open space. Development layouts should be clustered or arranged to maximize open space. d. Projects should incorporate landscape elements to reduce pollution from urban runoff.
(i) Runoff should be routed into landscaped areas for treatment and detention. (See Figure 1.d (i,ii))
(ii) (ii) Landscaped areas should incorporate appropriate species. (See Figure

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

Figure 1.d(I, ii)
(iv) Refuse areas should be located away from roofs and inlets, and should be covered or screened.
(v) Medians should be level or concave to contain and capture runoff. (See Figure 1.d (v))
Figure 1.d(v)
e. Drainage facilities should be integrated into landscaping, but also be identifiable.

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Packet Pg. 559 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 85 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Dry swales and infiltration planters should be lined or covered with cobbles that blend in with the landscape.

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

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

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

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

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

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Packet Pg. 560 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 86 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 2.c
d. Traffic light signals should be synchronized.
e. Adequate buffers between sidewalks and roadways should be maintained through a four-foot landscape strip between the street and sidewalk. f. Wide medians should be provided as space allows.
(i) Medians should consist of more than paint striping. (See Figure 2.f (i)) Figure 2.f(i)

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

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Packet Pg. 561 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 87 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s Figure 3.c
d. Larger street setbacks should be incorporated along collector streets.

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

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

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

8.4.e
Packet Pg. 562 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 88 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s (i) Sidewalks located on wider streets should be separated from the roadway with a landscape strip. (See Figure 5.b (i))
(ii) New sidewalks installed at infill locations should match the existing sidewalks in the immediate area.

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

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

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

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

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

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

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

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

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

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Packet Pg. 563 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments) 89 | P l e a s a n t H i l l D e s i g n G u i d e l i n e s a n d S t a n d a r d s IV. Credits
The City of Pleasant Hill would like to thank the following for their time and efforts on this document in addition to all community members who provided valuable input.

City Council
Mayor John Hanecak
Vice-Mayor Suzanne Angeli
Councilmember David E. Durant
Councilmember Michael G. Harris
Councilmember Terri Williamson
Planning Commission
Chairperson Steve Wallace
Vice-Chairperson Lola Fellinger
Commissioner Robert Abbott
Commissioner James Bonato
Commissioner Ken Lombardi
Commissioner Dave Mascaro
Commissioner Diana Vavrek
Architectural Review Commission
Chairperson Thor Scordelis
Vice-Chairperson John Hart
Commissioner George Corrigan
Commissioner Pamela Simonds
Commissioner Richard Stanton
City of Pleasant Hill Staff
Steve Wallace – Public Works and Community Development Director Casey McCann – Public Works and Community Development Deputy Director Troy Fujimoto – Senior Planner
Rod Wui – Associate Engineer
Debra Margolis – City Attorney
Illustrations and Formatting
Lawrence Ko Leong
Robert Becker

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APPENDIX A
V. City of Pleasant Hill Resolution of adopting the City Wide Design Guidelines and Objective Design Standards

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Packet Pg. 565 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments)

RESOLUTION NO. 18 - 22

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

CITYWIDE RESIDENTIAL OBJECTIVE DESIGN STANDARDS THAT WILL BE

CONTAINED WITHIN THE EXISTING CITY OF PLEASANT HILL

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

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Packet Pg. 566 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments)

2 WHEREAS, after notice thereof having been duly, regularly, and lawfully given, a public hearing on the proposed Objective Design Standards was held by the City Council on March 21, 2022, where all interested persons might appear and be heard.

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

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

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

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

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

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

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
_____________________________________
DANIELLE HABR, City Clerk

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APPENDIX B
VI. City of Pleasant Hill Resolution of adopting the City Wide Design Guidelines (Resolution 68-17)

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Packet Pg. 569 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments)

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Packet Pg. 570 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments)

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Packet Pg. 571 Attachment: Attachment E_City Wide Residential Objective Design Standards (Sb 9 Ordinance Amendments)

CITY OF PLEASANT HILL

NOTICE OF PUBLIC HEARING

CITY COUNCIL

URBAN LOT SPLITS & TWO UNIT PROJECTS

ZONING ORDINANCE AMENDMENTS
Citywide, City of Pleasant Hill
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will hold a public hearing to consider a recommendation from the Planning Commission on proposed Zoning Ordinance Amendments related to Urban Lot Splits (PHMC Section 18.20.097) and Two Unit Projects (PHMC Section 18.20.105). The proposed amendments would modify provisions that were implemented as part of an urgency ordinance in response to State Legislation that was passed in 2021 (Senate Bill 9) that allowed lot splits and two unit residential projects (“byright”) on properties that allowed single family residential uses.

Over the last several years, California has enacted several new laws requiring cities to streamline housing development project approval for both single family and multifamily residential development, including SB 330, SB 35, SB 167, AB 678 and AB 1515. Review of City’s existing standards will ensure that qualifying housing development projects, subject to streamlined review, are designed to fit in with the character of Pleasant Hill.

Reviewing City’s existing standards for possible revisions provides the City of Pleasant Hill a unique opportunity to consider new standards that may further enhance the City’s character and family-oriented way of life.

Pursuant to California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these laws enacted by Senate Bill 9. The project is also categorically exempt from CEQA under the Class 3 and 15 exemption set forth in State CEQA Guidelines Section 15303 and 15315.

THE PUBLIC HEARING will be held by the City Council starting at 7:00 p.m. on Monday, September 12, 2022. Please check the City’s website or posted agenda for information regarding whether the hearing will be held virtually or at City Hall at 100 Gregory Lane, Pleasant Hill, CA 94523.

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 a 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 on this matter, please call or email Haley Croffoot, at (925) 671-5297 or [email protected].

Troy Fujimoto
Zoning Administrator

8.4.f
Packet Pg. 572 Attachment: Attachment F_Public Hearing Notice (Sb 9 Ordinance Amendments) From: Haley Croffoot
To: Haley Croffoot
Subject: FW: SB9 Update Request
Date: Tuesday, July 5, 2022 1:14:53 PM
From: Ivan Hendren <[email protected]>
Sent: Friday, June 24, 2022 9:29:53 AM
To: [email protected] <[email protected]> Subject: SB9 Update Request
Hello Troy,
You had mentioned that the SB9 ordinance would be updated sometime this summer.

I wanted to make sure you got you my public comment for the SB9 Ordinances (Urban Lot Split and 2-Unit Projects).
see below:

Height Requirement - For both Urban Lot Splits and 2-unit projects, if underlying zoning permits 2 story structures, please include provision for 2nd story living area to be allowed above a garage for both primary and ADU units. This will encourage less onstreet parking and less blight in neighborhoods, which has been the major SB9 concern for residents in single-family neighborhoods. There are other City precedents in California that allow for 2 story structures (even without a garage).

Let me know when the ordinance is scheduled to be updated and if there is time, I may have a couple more comments.

Thanks,
Ivan Hendren
Pleasant Hill Resident
Ivan Hendren, MRED
[email protected]
949.903.8492
242 Elaine Drive
Pleasant Hill, CA 94523

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Packet Pg. 573 Attachment: Attachment G_Public Comments (Sb 9 Ordinance Amendments) June 28, 2022
Pleasant Hill Planning Commission
Re: SB 9 Ordinance - Setback Requirements
Dear Pleasant Hill Planning Commission,
The California Renters Legal Advocacy and Education Fund (CaRLA) submits this letter to inform the Tustin Planning Commission that they have an obligation to abide by all relevant state housing laws when amending the Pleasant Hill zoning pertaining to regulations for the subdivision and development of qualified Senate Bill 9 properties. The California HOME Act (SB 9) mandates that local jurisdictions must ministerially approve two residential units within a single-family residential zone and the subdivision of one lot into two in any single-unit dwelling zone that satisfies the applicability requirements outlined in the statute (Gov. Code § 65852.21(a)(1)-(6), 66411.7(a)(1)-(3)). The ordinance proposed here mostly complies with the requirements of state law, with one exception.

The ordinance proposes setback requirements that clearly violate state law. For both development on Urban Lot Splits and for Two-Unit Projects, the ordinance would impose setback requirements from the underlying zoning district applicable to the project. While the ordinance would offer an exception if such setbacks would preclude two 800 square foot apartments, this exception falls short of state law requirements.

For both lots created through an Urban Lot Split, and for Two-Unit Projects, SB 9 allows cities to impose maximum setbacks of four feet from the side and rear lot lines, and prohibits setback requirements for conversions of existing buildings. (Gov. Code § 65852.21(b)(2)(B)(ii), § 66411.7(c)(3)(B)). The planning commission should amend the ordinance to reflect this requirement.

Aside from the setback requirements, the proposed ordinance would impose numerous design standards that could make processing SB 9 applications difficult and costly. Particularly, the imposition of the city’s objective design standards would be complex and would drive up the cost of developing new homes under SB 9. The ordinance proposes to offer exceptions to these standards in the likely scenario that combined they would prohibit development under SB 9. These exceptions would lead to difficult decisions by city staff and permit applicants about which standards can be

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Packet Pg. 574 Attachment: Attachment G_Public Comments (Sb 9 Ordinance Amendments) enforced and which others should be waived. These decisions would make it difficult to process applications ministerially, as is required by state law. In the future, the city should consider developing simplified standards for SB 9 lot splits and developments based on lot area to ensure that sufficient developable space is available in all circumstances.

As you are well aware, California remains in the throes of a statewide crisis-level housing shortage, and new housing is a public benefit. By abiding by SB 9, Tustin will bring increased tax revenue, new customers to local businesses, decarbonization in the face of the climate crisis, but most importantly, it will reduce the displacement of existing residents into homelessness or carbon-heavy car commutes. Imposing an affordability requirement on SB 9 units will inhibit Tustin’s opportunity to construct badly needed housing. We ask that the Commission amend the ordinance to bring the proposal into compliance with state law, as outlined in this letter.

CaRLA is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CaRLA at www.carlaef.org.

Sincerely,
Dylan Casey
Executive Director
California Renters Legal Advocacy and Education Fund
California Renters Legal Advocacy and Education Fund - [email protected] 360 Grand Ave, #323, Oakland, California 94612

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Packet Pg. 575 Attachment: Attachment G_Public Comments (Sb 9 Ordinance Amendments)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH LCC ENGINEERING
AND SURVEYING, INC. FOR ENGINEERING SERVICES FOR THE FY 2018/2020 MEASURE K PEDESTRIAN AND BICYCLE PROGRAM

SYNOPSIS
The purpose of this item is to request authorization for the City Manager to execute a first amendment to the Professional Services Agreement (Agreement) with LCC Engineering and Surveying, Inc. (LCC) to perform additional engineering design services for the FY 2018/2020 Measure K Pedestrian and Bicycle Program for the Taylor Boulevard - Civic Drive Intersection and Pathway Improvement Project (Project). The Project will provide for public roadway infrastructure improvements on Taylor Boulevard between Civic Drive and Ruth Drive.

DISCUSSION
Background
On May 20, 2019, the City Council authorized the City Manager to execute a Professional Services Agreement in the amount of $212,300 (including contingencies) with LCC for engineering design services to improve pedestrian and bicycle access on Pleasant Hill Road (between Pleasant View Drive and Cumberland Drive), and on Taylor Boulevard (between Ruth Drive and Civic Drive). Staff presented preliminary plans to the Traffic Safety Commission (TSC) on two separate occasions. TSC and the Pleasant Hill Police Department (PHPD) representatives proposed changes to turning lane and sidewalk configurations. In order to analyze these recommended layouts and complete the design of the Taylor Boulevard portion of the Agreement, additional traffic modeling, surveying, and engineering analysis, which was not included in the original scope of work, is required.

The proposed project is part of the approved five-year project list for the City's Measure K Pedestrian and Bicycle Improvement Program. The Project scope includes the installation of a new traffic signal, ADA curb ramps, sidewalk between the intersection of Taylor/Civic and Sanko Road, and an asphalt concrete pathway between Civic Drive and Ruth Drive. When complete, the project will provide a continuous path of travel for residents living along the

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residential neighborhoods along Lucille Lane to walk or bike to the adjacent Valley View Middle School, College Park High School, Diablo Valley College, City Police Department, Community Center, YMCA, and other office buildings on the north side of Taylor Boulevard. The Project is identified in the FY 2022-2027 Capital Improvement Plan (CIP) as Project No. MK-3B, and is funded through Measure K, TDA (Transportation Development Act) Grant, and Traffic Mitigation (Fund 06).

Analysis
LCC, and their sub-consultants, will perform additional tasks that were not included in the original scope of work. The additional scope of services is as follows:

Task 1: Traffic Report, Plan Updates and Potholing for Signals The original traffic data was collected during the commute peak PM period, instead of the school peak PM period. LCC shall collect new vehicle, pedestrian and bicycle counts during school PM peak hours; evaluate change in circulation patterns and queue lengths; re-run traffic model; update plans; and pothole proposed signal locations.

Task 2: Surveying & Mapping the East Side of Civic Drive (Taylor Boulevard to Sanko Road) Consideration of relocating the proposed sidewalk from the west side of Civic Drive, where the steeper grade requires a retaining wall, to the east side, which is flat, requires an additional field survey that was not collected previously. LCC shall perform additional topographic mapping services.

Task 3: Civic Drive Study
As part of this study, LCC will consider the pros and cons of relocating the proposed sidewalk from the west side of Civic Drive to the east side; the increased cost of widening the proposed sidewalk; and the impact to the median if a wider sidewalk is constructed. LCC shall evaluate several options as part of this study for the City’s consideration.

Task 4: Taylor Boulevard and Civic Drive Intersection Study LCC shall modify the project plans based on new traffic data and alternative studies.

Modifications may include relocating the sidewalk, crosswalks, poles, signal cabinets, and traffic striping.

Tasks 5, 6 & 7 – Concept Review Meetings, 95% PS&E and 100% PS&E LCC shall re-submit plans, specifications, and estimate with modifications and additional sheets; and attend additional coordination meetings.

LCC proposes to perform these additional tasks for $55,000. A contingency of $5,000 brings the total cost of this amendment to $60,000. Staff has worked with LCC and its sub-consultants to narrow the scope of work for these additional tasks, and believes that the cost is reasonable and will satisfy the City’s needs.

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FISCAL IMPACT
The total cost of LCC’s agreement is as follows:

Original Design Contract $193,000
Contingency (10%) $ 19,300
Additional Services #1 $ 60,000
Total $272,300
There are sufficient design funds ($312,300) allocated in the 2022-2027 CIP for LCC’s contract.

The Finance Division 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 a resolution authorizing the City Manager to execute a First Amendment to the Professional Services Agreement with LCC Engineering and Surveying, Inc.

ALTERNATIVES TO RECOMMENDED ACTION
Do not approve the proposed resolution and provide direction to staff.

ATTACHMENT(S):

Preliminary Plan
Proposed Resolution
Exhibit 1 – First Amendment to Agreement
Exhibit A – LCC Engineering & Surveying, Inc.’s Proposal for Additional Civil Design Services
Prepared by: Deirdre Castillo, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, Acting City Manager

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Intersection Layout
Taylor Blvd & Civic Dr

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Attachment: Preliminary Plan (First Amendment to LCC Agreement) RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH LCC ENGINEERING AND SURVEYING, INC. FOR ENGINEERING SERVICES FOR THE FY 2018/2020 MEASURE K PEDESTRIAN

AND BICYCLE PROGRAM FOR THE TAYLOR BOULEVARD - CIVIC DRIVE

INTERSECTION AND PATHWAY IMPROVEMENT PROJECT
WHEREAS, the City has adopted the FY 2022-2027 Capital Improvement Plan (“CIP”) which includes the Taylor Boulevard – Civic Drive Intersection and Pathway Improvement Project (“Project”) (MK-3B); and
WHEREAS, the Project providesfor public roadway infrastructure improvements on Taylor Boulevard between Civic Drive and Ruth Drive; and
WHEREAS, the City and LCC Engineering and Surveying, Inc. (“Consultant”) entered into an Agreement for Professional Services (“Agreement”) for engineering design of the Project on June 10, 2019, at a total cost of $212,300; and
WHEREAS, Consultant has submitted a cost proposal to provide additional design engineering and surveying services required to complete for the Project that are needed by the City and beyond the original Agreement scope in an amount not to exceed $60,000 (including a 10 percent$5,000 contingency); and
WHEREAS, City staff has verified that adequate funds are available in the Measure K Fund to support this additional expenditure.