Agenda packet — Pleasant Hill City Council, October 2, 2023 (part 1 of 2)

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
OCTOBER 2, 2023
REGULAR MEETING – 7:00 PM
The meeting will be held both in person at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
and remotely via Zoom in accordance with the Ralph M. Brown Act Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 854 4074 2968
Passcode: 211281
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 October 2, 2023
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

VICE MAYOR MATTHEW RINN COUNCILMEMBER ZAC SHESS

COUNCILMEMBER ALLEN VINSON
Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are generally limited to three minutes.

Public Participation Options
1) Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. We ask that you state your name and city of residence for the record when you start your comments. Please use the "Raise hand" feature in Zoom. You will not be seen or heard until it is your turn to speak. You will be invited into the meeting and asked to speak when it is your turn.

City Council Meeting Agenda Page 2 October 2, 2023
b. Via Phone
Call (669) 900-6833 and enter the Zoom Meeting ID and Passcode. Press *9 to “raise your hand” to alert staff that you wish to speak.
c. In Person
Members of the public may attend the meeting in person and may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk Recorder.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please refer to the Providing Accessible Communication to the Public Under the Americans with Disabilities Act and AB 2449 document online at www.pleasanthillca.org/accessiblecommunications and contact the ADA Coordinator 48 hours in advance of the meeting at (925) 671-5267 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 925-671-5267.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION REPORT

5. PRESENTATIONS

5.1 Acknowledgment of Ronni Glover as Honorary Mayor for a Day

5.2 Introduction of Commission on Aging Commissioner Carol Bateman

6. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.) City Council Meeting Agenda Page 3 October 2, 2023

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense

7.2 Announcements from Councilmembers

8. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To provide public comments, please see the Public Participation Options above.

9. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

9.1 Approve Minutes for the Regular City Council Meeting of September 11, 2023

9.2 Approve Checks Dated: September 01, 2023; September 08, 2023; September 15, 2023; September 22, 2023

9.3 Approve Appointment Recommendations to the Contra Costa Area Council on Aging, Diversity Commission, Education Commission, and Traffic Safety Commission

9.4 Adopt Resolution ___-23 Authorizing the City Manager to Execute a Third Amendment to the Professional Services Agreement with Traffic Patterns to provide Traffic Operations and Management Services

10. ACTION CALENDAR

10.1 Acceptance of the Pleasant Hill Tourism Improvement District Annual Report for Fiscal Year 2023/24

10.2 Public Hearing and Introduce Ordinance No. ___ Amending Accessory Dwelling Unit Ordinance, Section 18.20.095 of the Pleasant Hill Municipal Code Statutorily exempt per Section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.

10.3 Public Hearing and Introduce Ordinance No.___ Amending Pleasant Hill Municipal Code Chapter 18.67, Wireless Telecommunications Facilities, and Related Amendments to Section

18.85.010, Zoning Permit Purpose and Applicability, Section 18.95.020, Use Permit Approval Authority, and Chapter 18.140, Definitions
Exempt pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970.

10.4 Adopt Resolution No.___ - 23 Accepting Bid and Awarding a Construction Contract to GradeTech, Inc. for the 2023 Intersection and Crosswalk Improvement Project, Project No. 05- 23, and Authorizing the City Manager to Execute a Construction Contract with GradeTech, Inc.

City Council Meeting Agenda Page 4 October 2, 2023

10.5 Adopt Resolution ___-23 Authorizing the City Manager to Execute a Design Professional Services Agreement with Robert Nebolon Architects for the City Hall Pond, Fountain, Plaza Paving and Donor Memorial Rehabilitation Project and Approve the Combining of Capital Improvement Projects CP-22-2 City Hall Fountain Renovation Project and CP-22-3 City Hall Pond Plumbing System Repairs

11. ADJOURNMENT
Next City Council Meeting:

Closed Session: October 3, 2023
Regular Session: October 16, 2023

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 11, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

September 11, 2023 – Tentative Minutes
Prepared by: Carol Wu, City Clerk

9.1 Packet Pg. 5

MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
September 11, 2023
City Council Meeting Minutes Page 1 September 11, 2023
Vice Mayor Rinn called a Regular Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on September 7, 2023, by Acting City Clerk Juanita Davalos.

1. CALL TO ORDER
Vice Mayor Rinn called for a moment of silence to remember those impacted by events on 9-11 of 2001.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Attendee Name Title Status
Timothy M. Flaherty Mayor Absent
Matthew Rinn Vice Mayor Present
Sue Noack Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present

4. CLOSED SESSION REPORT
Vice Mayor Rinn reported that the City Council held a closed session on August 28, 2023 regarding labor negotiations, and there is nothing to report.

5. PRESENTATIONS

5.1 Update on East Bay Regional Park District by Ward 6 Board Member John Mercurio
John Mercurio, East Bay Regional Park District (EBRPD) Board Member, provided a presentation on EBRPD’s conservation and coastal cleanup efforts. Mr. Mercurio reported on the progress of the future Thurgood Marshall Regional Park – Home of the Port Chicago 50.

5.2 Update on the Contra Costa Water District by Director John Burgh John Burgh, Contra Costa Water District (CCWD) Director, provided a presentation on CCWD’s water supply and infrastructure investments.

5.3 Update on the East Bay Municipal Utility District by Director John Coleman John Coleman, East Bay Municipal Utility District (EBMUD) Director, provided a presentation on EBMUD’s water supply, continued conservation programs, and infrastructure investments.

6. CITY MANAGER COMMENTS
Ethan Bindernagel, City Manager, said there is nothing to report.

9.1.a
Packet Pg. 6
Attachment: September 11 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 September 11, 2023

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted by the City of Clayton on September 7, 2023
Vice Mayor Rinn, and Councilmembers Noack and Shess reported their attendance at the Contra Costa Mayors Conference. Councilmember Noack briefly summarized the discussion topic. (B) Other Meetings Attended at City Expense
None

7.2 Announcements from Councilmembers
Councilmember Noack reported her attendance at the final Summer Concert by the Lake.

Councilmember Noack reported that the Metropolitan Transportation Commission will be hosting town hall meetings and distributing surveys to the public.

Councilmember Vinson reported his attendance at the final Summer Concert by the Lake, and the Sunset Cinema Movie in the Park hosted by the Pleasant Hill Recreation & Park District.

Councilmember Shess reported his attendance at the Final Summer Concert by the Lake.

Councilmember Shess encouraged the public to attend the Tinkers & Thinkers Innovation Faire to be held on September 16, 2023.

Vice Mayor Rinn reported that the Pleasant Hill Recreation & Park District will be distributing surveys to the public.

8. PUBLIC COMMENT
Vice Mayor Rinn opened public comment.

There was no public comment.

Vice Mayor Rinn closed public comment.

9. CONSENT CALENDAR
Motion (Noack/Vinson) to Approve all consent items, carried as follows:

AYES: Noack, Rinn, Shess, Vinson

9.1.a
Packet Pg. 7
Attachment: September 11 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 September 11, 2023

9.1 Approve Minutes for the Regular City Council Meeting of August 7, 2023

9.2 Approve Checks Dated: August 4, 2023; August 11, 2023; August 18, 2023; August 25, 2023

9.3 Approve Appointment Recommendations to the Commission on Aging and Diversity Commission

9.4 Approve Response to Contra Costa County Grand Jury Report No. 2306 – Affordable Housing "A Plan Without a Home"

9.5 Adopt Ordinance No. 964 Amending Pleasant Hill Municipal Code Section

5.05.240, Business Licenses, Section 18.15.040, Commercial Use Classifications, Section 18.15.070, Temporary Use Classifications, Section 18.20.020, Land Use Regulations for all Residential Districts, Section 18.20.030, Development Regulations in all Residential Districts, Section 18.20.040, Additional Development Regulations for all Residential Districts, Section 18.25.020, Land Use Regulations for all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial Districts, Section 18.25.030, Development Regulations in all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial District, Section 18.25.040, Additional Development Regulations for all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial Districts, Section 18.50.110, Tree Preservation, Section

18.55.030, Off-Street Parking and Loading Spaces Required, Section 18.55.070, Electric Vehicle Parking, Chapter 18.60, Signs, Section 18.65.030, Restoration of Non-Conforming Structures, Section 18.85.010, Zoning Permit Applicability, Section 18.115.020, Architectural Review Permit Approval Authority, & Section

18.140.010, Definitions

9.6 Adopt Resolution No. 64-23 Approving Side Letter of Agreement with the Management Pay Plan Group to Add a New Classification to the Management Compensation Pay Plan

9.7 Adopt Resolution No. 65-23 Accepting the Subdivision Improvements for Subdivision 9447 (Reliez Terrace) as Complete

10. ACTION CALENDAR

10.1 Adopt Resolution No.66-23 Authorizing the City Manager to Execute a Contract Change Order with Franco Engineering Inc. for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23
Omar Adina, Assistant Engineer, delivered a presentation regarding the Oak Park Boulevard Sidewalk Gap Closure Project, which is included in the City’s FY 2022-2027 Capital Improvement Plan. Mr. Adina explained the need for 200 linear feet of additional ADA – compliant sidewalk on the south side of Oak Park Boulevard which requires a change order with Franco Engineering.

No one from the public spoke on the item.

9.1.a
Packet Pg. 8
Attachment: September 11 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 September 11, 2023
Motion (Noack/Shess) to Approve item 10.1, carried as follows:

AYES: Noack, Rinn, Shess, Vinson

10.2 Adopt Resolution No. 67-23 Accepting the Diablo Vista Water System (DVWS) 12" Main Rehabilitation Phase II Project No. PSC-02-22 as Complete and Authorize the Public Works Manager to Issue and Record a Notice of Completion Ann James, Public Works Manager, delivered a presentation summarizing the Diablo Vista Water system’s 12” Main Rehabilitation Phase II Project. Ms. James reported that the project is complete.

No one from the public spoke on the item.

Motion (Noack/Vinson) to Approve item 10.2, carried as follows:

AYES: Noack, Rinn, Shess, Vinson

11. ADJOURNMENT
Vice Mayor Rinn adjourned the meeting in remembrance of the victims and survivors of the 9-11 terrorist attack [in 2001] at 8:23 p.m. The next Regular City Council meeting will be held on Monday, October 2, 2023, beginning at 7:00 p.m.

CAROL W. WU, CITY CLERK RECORDER

9.1.a
Packet Pg. 9
Attachment: September 11 2023 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: SEPTEMBER 01, 2023; SEPTEMBER 08, 2023; SEPTEMBER 15, 2023; SEPTEMBER 22, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Maria Alfredo, Accounting Technician
Approved by: Erick Cheung, Finance Manager

9.2 Packet Pg. 10

9.2.a
Packet Pg. 11
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 12
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 13
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 14
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 15
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 16
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 17
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 18
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 19
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 20
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 21
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 22
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 23
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 24
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 25
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 26
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 27
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 28
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 29
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 30
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 31
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 32
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 33
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 34
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 35
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 36
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 37
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 38
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 39
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 40
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 41
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 42
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 43
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 44
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 45
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 46
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 47
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 48
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 49
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 50
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 51
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 52
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 53
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 54
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 55
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 56
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 57
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 58
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 59
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 60
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 61
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 62
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 63
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 64
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 65
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 66
Attachment: Check Register (Check Register)

9.2.a
Packet Pg. 67
Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Interview and Nominating Committee
Mayor Tim Flaherty, Councilmember Allen Vinson
DATE: October 2, 2023
SUBJECT: Approve Appointment Recommendations to the Contra Costa Area Council on Aging, Diversity Commission, Education Commission, and Traffic Safety Commission
The Interview and Nominating Committee recommends the following appointments and requests the City Council’s confirmation:

APPOINTMENTS TERMS/EXPIRATION DATES
Contra Costa Area Council on Aging
Lorna Van Ackeren (Recommendation to the
Contra Costa County Board of Supervisors for
Reappointment)
Two-year term through September 2025
Architectural Review Commission
Dipinti Kapoor Unfilled term through May 2024
Diversity Commission
Carson Sprott (Reappointment) October 2023 through September 2027 Education Commission
Stephanie Canulli Unfilled term through April 2027
Anne Launt Unfilled term through April 2027
Traffic Safety Commission
Robert Arias Unfilled term through October 2023 and Four-year term through October 2027

9.3 Packet Pg. 68
2 9.3
Packet Pg. 69

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION ___-23 AUTHORIZING THE CITY MANAGER

TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH TRAFFIC PATTERNS TO PROVIDE

TRAFFIC OPERATIONS AND MANAGEMENT SERVICES

SYNOPSIS
The City of Pleasant Hill (“City”) entered into a Professional Services Agreement with Traffic Patterns (“Consultant”) on October 23, 2020 (Exhibit A) for traffic operations and management consulting services due to the vacancy of the City’s Senior Traffic Engineer position. A Third Amendment to the Professional Services Agreement (Exhibit B) is necessary to pay outstanding invoices, extend the completion date of the current contract by one year to December 31, 2025, and allow City staff to engage the consultant on an as-needed basis to assist on future Capital Improvement Projects as part of the FY2022-2027 Capital Improvement Plan (CIP).

DISCUSSION
Background
The City entered into a Professional Services Agreement in the amount of $25,000 with the Consultant on October 23, 2020, to assist the City with its traffic operation and management needs due to the vacancy of the City’s Senior Traffic Engineer position. A First Amendment to the Professional Services Agreement was adopted by Resolution No. 27-21 on April 19, 2021, which extended the completion date to December 31, 2021 and a total not to exceed $75,000. The Second Amendment to the Professional Services Agreement was adopted by Resolution 76-21 on December 20, 2021, which further extended the completion date to December 21, 2024, and a total not to exceed $225,000. The proposed Third Amendment will extend the completion date to December 31, 2025, and increase the contract by $65,000 for a total not to exceed $290,000.

Analysis
In 2022, the City hired a Senior Traffic Engineer, though the individual resigned within the nine months of employment, which required the City to continue to rely upon the Consultant for assistance. The Engineering Division recently filled the position of Transportation Manager, who

9.4 Packet Pg. 70
will perform the traffic operation and management duties, resulting in a significant decrease in the reliance upon the Consultant going forward.

The Consultant has provided staff with the outstanding invoices from March 2023 to date totaling $56,920.00. The current purchase order balance is $19,590.00. Staff seeks to augment the purchase order by $65,000 to cover these outstanding invoices and retain the Consultant for on-call services. The Engineering Division has sufficient funds within its approved budget to cover the invoices, after the payment of which the balance of the purchase order will be $27,670.00.

Staff proposes using the remainder of the purchase order to retain the Consultant for on-call services and as-needed assistance with Capital Improvement Projects as part of the FY 2022/2027 Capital Improvement Plan (CIP). Consultant charges for any on-call work will be paid from the Pedestrian and Bicycle Program (Fund 12), not the General Fund. The Consultant has satisfactorily performed the assigned tasks outlined in the Scope of Services and has submitted an updated On-Call Work Scope with this Amendment (Exhibit C).

FISCAL IMPACT
The proposed Third Amendment to the Professional Services Agreement extends the completion date by one year and increases the agreement by $65,000 to a new, not-to-exceed amount of $290,000.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution authorizing the City Manager to execute a Third Amendment to the Professional Services Agreement with Traffic Patterns to extend the agreement by one year and increase the contract by $65,000.

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

ATTACHMENT(S):

Proposed Resolution
Exhibit A – Original Professional Services Agreement
Exhibit B - Third Amendment to Professional Services Agreement Exhibit C - On-Call Scope & Fee Schedule
Prepared by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager

9.4 Packet Pg. 71
RESOLUTION NO. -23

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH TRAFFIC PATTERNS TO PROVIDE

TRAFFIC OPERATIONS AND MANAGEMENT SERVICES
WHEREAS, the City and Traffic Patterns (“Consultant”) entered into an Agreement (Exhibit A) for Professional Services on October 23, 2020, to provide for traffic operations and management consulting services due to the vacancy of the City’s Senior Traffic Engineer; and WHEREAS, the City has now filled the position of Transportation Manager, which will result in a significant decrease in the use of services from Traffic Patterns. However, the Engineering Division wishes to retain Traffic Patterns for on-call services and as-needed assistance with Capital Improvement Projects as part of the FY 2022/2027 Capital Improvement Plan (CIP); and,
WHEREAS, The First Amendment set the total not-to-exceed amount at $75,000. The Second Amendment set the total not-to-exceed amount at $225,000. This Third Amendment (Exhibit B) will set the total not-to-exceed amount at $290,000, and will extend the current contract by one year from December 31, 2024 to December 31, 2025; and,
WHEREAS, Traffic Patterns has provided staff with outstanding invoices from March 2023 to date totaling $56,920.00. The current purchase order balance is $19,590.00, which City staffseeks to augment by $65,000 to pay the invoices and retain the Consultant for on-call services. The Engineering Division has sufficient funds within its approved budget to cover the invoices, after the payment of which the balance of the purchase order will be $27,670.00 for on-call services; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute the Third Amendment to the Professional Services Agreement with Traffic Patterns, which will extend the Scope of Services (Exhibit C) and Time of Performance to December 31, 2025, and will increase the not-to-exceed amount of the agreement by $65,000 to $290,000. Upon payment of outstanding invoices, the remaining purchase order balance of $27,670.00 will be used for Consultant’s on-call services and as-needed assistance with Capital Improvement Projects as part of the FY 2022/2027 CIP. Consultant charges for this work will be paid from the Pedestrian and Bicycle Program (Fund 12), not the General Fund.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 2nd day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

9.4.a
Packet Pg. 72
Attachment: Proposed Resolution (Execute Third Amendment to the Agreement with Traffic Patterns)

AGREEMENT FOR PROFESSIONAL SERVICES
1a� This Agreement is made and entered into as of ther day of October, 2020, by and between the City of Pleasant Hill ("City") and Traffic Patterns, ("Consultant").

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:

Task 1 - Traffic Operations Investigations and Improvements • Assist City staff investigating and determining appropriate responses and traffic improvements, and provide draft responses to City staff for resident requests for traffic operations improvements and operations.
• Develop work order improvement details for implementation by City staff.

Task 2 - Traffic Safety Commission Liaison
• Serve the Traffic Safety Commission City staff liaison developing monthly meeting agendas; participating in monthly meetings; developing and implementing a Traffic Safety Commission work plan; developing Action Minutes for each meeting; coordinating with City staff to post monthly agenda and meeting minutes. • Participate in monthly coordination meetings with the Traffic Safety Commission Chair and Vice Chair to develop monthly agendas.
• Draft staff reports for the Traffic Safety Commission for review by the City Engineer at least two weeks prior to posting to allow City adequate time for review and approval.

Task 3 - Traffic Signal Management
• Oversee the operations of and manage the City's 48 existing and future traffic signal facilities. {The management of physical traffic signal hardware will be responsibility of the County of Contra Costa - Traffic Signal Division, but Traffic Patterns will be responsible for identifying traffic signal operations improvements and directing improvements to the County.)
• Implement traffic signal operations timing improvements upon receiving written authorization from the City.
1 EXHIBIT A 9.4.b
Packet Pg. 73
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 74
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 75
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 76
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 77
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 78
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 79
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 80
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 81
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns)

9.4.b
Packet Pg. 82
Attachment: Exhibit A - Traffic Patterns Executed Original Agreement (Execute Third Amendment to the Agreement with Traffic Patterns) 1 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PLEASANT HILL AND TRAFFIC PATTERNS
This Third Amendment to the Agreement for Professional Services between the City of Pleasant Hill and Traffic Patterns is made on __, 2023 by and between the City of Pleasant Hill ("City") and Traffic Patterns ("Consultant").

1. Section 1, Scope of Services, is hereby amended that the Consultant shall furnish the Additional Services as needed as identified in Exhibit A.

2. Section 2, Time of Performance, is hereby amended to correct the completion date to no later than December 31, 2025.

3. Section 3, Compensation, is hereby amended by $65,000 to increase the total not to exceed compensation amount to $290,000.

All other provisions of the Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have caused this Third Amendment to the Agreement for Professional Services to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By (signature):

Ethan Bindernagel, City Manager Name/Title:

Business License #:

APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson City Clerk
City Attorney
ATTACHMENTS:

Exhibit A – Traffic Patterns On-Call Work Scope
Principal
EXHIBIT B 9.4.c
Packet Pg. 83
Attachment: Exhibit B - Traffic Patterns - Third Amendment to Agreement (Execute Third Amendment to the Agreement with Traffic Patterns) To: Ananthan Kanagasundaram
Subject: Work Scope for On Call Traffic Engineering and Transportation Planning Services Date: September 21, 2023
Page: 1
September 21, 2023
City of Pleasant Hill
Attn: Ananthan Kanagasundaram
100 Gregory Lane
Pleasant Hill, CA. 94523
Subject: Work Scope for On-Call Traffic Engineering & Transportation Planning Services Contract Amendment No. 3
Thank you for contacting Traffic Patterns to provide the City of Pleasant Hill with on-call traffic engineering and transportation planning services. Traffic Patterns recommends the following services.

1. Scope of Services
The Consultant shall furnish the following services in a professional manner:

Task 1 – Traffic Operations Investigations and Improvements  Develop work order improvement details for implementation by City staff.  Prepare Capital Improvement Program (CIP) – Plans, Specifications, & Estimates (PS&E) for traffic operations-based projects.
 Prepare traffic studies as requested by City staff to provide responses to customer service requests.

Task 2 – Additional Services as Needed
Traffic Patterns will coordinate with City staff on development and management of existing transportation projects and programs. Within this task Traffic Patterns will advise on the development of Capital Improvement Program (CIP) projects and other transportation related programs, including project inspection, design development, and design review service. These may include:
 Signage & Striping Plan Development and Field Inspection  Traffic Signal Improvement Plan Design & Review
EXHIBIT A9.4.c
Packet Pg. 84
Attachment: Exhibit B - Traffic Patterns - Third Amendment to Agreement (Execute Third Amendment to the Agreement with Traffic Patterns) Fee Structure

Typical Fees - 2023

Work Type Hourly Rate Flat Rate
Project Management/Design $165.00
Traffic Signal Technician $145.00
Jr/Asst Engineer $95.00
CAD Operator $88.00
Civil Design Partner - Principal $225.00
Civil Design Partner – Project Engineer $185.00
Expert Witness – Field Investigations/Review $195.00
Expert Witness – Deposition $295.00
Expert Witness – Court Testimony $495.00
21-Day Traffic Signal Cabinet Burn-In Test/Program $6,000 Smart City Signals – IoT Traffic Signal Panel $2,950.00 Smart City Signals – IoT Traffic Signal Panel Install $300.00 Smart City Signals – Virtual Detection Relay Board $500.00 Smart City Signals – 2 Port Switch Upgrade $400.00
Smart City Signals – Monthly Service (Standard)* $125.00 Smart City Signals – Monthly Service (Expanded)** $145.00 Smart City Signals – Traffic Counter $4,950.00
Smart City Signals – Traffic Counter Monthly Service $150.00 Traffic Control Plans – Standard 3 Week Turnaround $325.00 Traffic Control Plans – One Week Hour RUSH $450.00
Traffic Control Plans – Minor Traffic Signal Modifications $1,500.00 Traffic Control Plans – Long Term Signage & Striping Plans $1,800.00 Printing – 11 x 17 $3.00
Printing – Full Size 24 x 36 $12.00
Traffic/Civil Engineering Design Projects Request a Quote * Standard Smart City Signals Service include traffic signal cabinet data only ** Expanded Smart City Signals Service includes dedicated ATMS and Controller comm link and Cloud-Based Advanced Detection for Bicycles, Pedestrians, and Emergency Vehicle/Railroad Preemption

9.4.c
Packet Pg. 85
Attachment: Exhibit B - Traffic Patterns - Third Amendment to Agreement (Execute Third Amendment to the Agreement with Traffic Patterns) To: Ananthan Kanagasundaram
Subject: Work Scope for On Call Traffic Engineering and Transportation Planning Services Date: September 21, 2023
Page: 1
September 21, 2023
City of Pleasant Hill
Attn: Ananthan Kanagasundaram
100 Gregory Lane
Pleasant Hill, CA. 94523
Subject: Work Scope for On-Call Traffic Engineering & Transportation Planning Services Contract Amendment No. 3
Thank you for contacting Traffic Patterns to provide the City of Pleasant Hill with on-call traffic engineering and transportation planning services. Traffic Patterns recommends the following services.

1. Scope of Services
The Consultant shall furnish the following services in a professional manner:

Task 2 – Additional Services as Needed
Traffic Patterns will coordinate with City staff on development and management of existing transportation projects and programs. Within this task Traffic Patterns will advise on the development of Capital Improvement Program (CIP) projects and other transportation related programs, including project inspection, design development, and design review service. These may include:
 Signage & Striping Plan Development and Field Inspection  Traffic Signal Improvement Plan Design & Review
EXHIBIT C 9.4.d
Packet Pg. 86
Attachment: Exhibit C - Traffic Patterns On Call Work Scope & Fee Structure (Execute Third Amendment to the Agreement with Traffic Patterns) Fee Structure

Typical Fees - 2023

9.4.d
Packet Pg. 87
Attachment: Exhibit C - Traffic Patterns On Call Work Scope & Fee Structure (Execute Third Amendment to the Agreement with Traffic Patterns)

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPTANCE OF THE PLEASANT HILL TOURISM IMPROVEMENT DISTRICT ANNUAL REPORT FOR FISCAL YEAR 2023/24

SYNOPSIS
The Pleasant Hill Tourism Improvement District (PHTID) is a benefit assessment district that generates revenue to help fund marketing, room sales, and guest attraction programs for Pleasant Hill’s seven hotels. PHTID activities also give a boost to the City’s businesses by bringing additional visitors to shop and eat in the city, and by marketing the City’s merchants and special events through www.StayPleasantHill.com and Stay Pleasant Hill social media. Stay Pleasant Hill serves as the Owners’ Association for the PHTID and is required in its agreement with the City to submit annual reports, which shall include a fiscal audit, to the City Council. Staff recommends that the City Council receive the presentation from Stay Pleasant Hill and accept the District’s FY 2023/24 annual report.

BACKGROUND
On March 20, 2017, the City Council adopted Resolution No. 29-17 establishing the Pleasant Hill Tourism Improvement District (PHTID) for a five-year term beginning on April 1, 2017, and continuing through March 31, 2022. The Pleasant Hill Chamber of Commerce served as the Owners’ Association for the PHTID during this initial five-year term.

On January 24, 2022, the City Council adopted Resolution No. 7-22, extending the PHTID for five additional years, and designating Stay Pleasant Hill as the PHTID Owners’ Association with a five-year term beginning on April 1, 2022. The PHTID fiscal year cycle covers April 1 through March 31 of each year of term.

Per the Council-approved PHTID Management District Plan, Stay Pleasant Hill (SPH) is required to provide an annual report to the City Council at the end of each year of operation. The SPH Owners Association Agreement with the City requires SPH to include an audited financial statement with the annual report. The auditors for the PHTID provided a clean opinion, which means that the PHTID’s financial statements were fairly stated for FY 2022/23 (see attached PHTID Audited Financial Statements).

10.1 Packet Pg. 88

FISCAL IMPACT
There is no financial impact as a result of accepting the annual report. Assessment revenues that are received for the PHTID are managed by Stay Pleasant Hill as the Owners’ Association. The City received two percent ($10,350.40 in FY 2022/23) of the PHTID revenue as an administration fee to cover the cost of collecting the PHTID revenue from the seven hotels and forwarding the revenue to PHTID management.

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.

RECOMMENDED CITY COUNCIL ACTION
Accept the PHTID Annual Report for FY 2023/24.

ALTERNATIVES TO RECOMMENDED ACTION
City Council could choose not to accept the PHTID Annual Report for FY 2023/24.

ATTACHMENT(S):

PHTID Annual Report FY 2023/24
PHTID Audited Financial Statements FY 2022/23
PHTID Management District Plan 2022-2027
Prepared by: Zach Seal, Economic Development Manager
Approved by: Ethan Bindernagel, City Manager

10.1 Packet Pg. 89
A p r i l 1 , 2 0 2 3 - M a r c h 3 1 , 2 0 2 4
Pleasant Hill Tourism Improvement District
2023/ 2024 Annual Report
Submitted to the City of Pleasant Hill pursuant to Streets and Highways Code section 36650, for the period from April 1, 2023 through March 31, 2024

10.1.a
Packet Pg. 90
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 2
Contents
Boundaries ..........................................................................3 2022/2023 Accomplishments .............................................4 2023/2024 Improvements and Activities ...........................5 Cost ......................................................................................8 Assessment.......................................................................10 Surplus and Other Funding..............................................12 Appendix I - Budgeted vs. Actual 2022/2023………...….13
Appendix II - Assessed Businesses................................ 15

10.1.a
Packet Pg. 91
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 3
Boundaries
There are no proposed changes to the boundaries and no changes to the assessed lodging businesses.

The Pleasant Hill Tourism Improvement District (PHTID) will continue to include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Pleasant Hill (City), as shown on the map below.

A list of lodging businesses currently assessed in the PHTID is listed in Appendix II.

10.1.a
Packet Pg. 92
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 4
2022/2023 Accomplishments
Pursuant to the provisions of the PHTID Plan, details of the accomplishments of the PHTID from fiscal year 2022/23 are summarized below.1
 In alignment with the national travel trends of 2022, travel spending in Pleasant Hill soared by 10% from the previous year, surging from $90.6M in 2021 to an impressive $99.6M in 2022.
 Direct employment opportunities generated by the travel sector expanded by 50 jobs, marking a commendable 6.6% increase compared to the employment figures for 2021.
 The earnings generated directly from travel-related activities elevated to $28.9 million, exhibiting a substantial gain of 8.9% in comparison to the earnings of the preceding year.
 Tax receipts stemming from travel spending increased to $7.7 million, reflecting an impressive growth of 7.7% compared to the figures for 2021.  The overall influence of travel spending on the Pleasant Hill community translates to an approximate contribution of $311 per resident household in local tax receipts.
 The travel sector in Pleasant Hill has been bolstered by the establishment of enriching community partnerships, including:
o Off the Grid
o Haunted Trail
o PH Perks
o Art, Wine & Music Festival
o Blues & Brews Festival
o Fourth of July Celebration
o Light up the Night
o Jewish Film Festival
o DVC Business Administration Department Advisory Board 1 Data provided from the Pleasant Hill Economic Impact Report from Dean Runyon

10.1.a
Packet Pg. 93
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 5
2023/2024 Improvements and Activities
The improvements and activities to be provided for the fiscal year 2023/24 are consistent with the Management District Plan (Plan). Aligned with the activities and improvements outlined in the Plan, these are just a few highlights and areas of focus anticipated for the fiscal year 2023/24:
 Brand enhancement: Stay Pleasant Hill (SPH) is prepared to implement brand refresh initiatives, including the launch of a new business name and a new website name under the domain (visitpleasanthill.com), new brand guidelines that encompass key elements such as positioning, logos, and font that align with the five (5) year strategic plan of growth;
 Elevated public relations engagement for visibility to local, regional, and national audiences to drive visitation to assessed lodging businesses;  Rollout of an updated SPH Visitor Guide, providing a valuable resource to businesses and visitors alike to drive overnight visitation to assessed lodging businesses;
 Comprehensive website refresh to reflect the new brand enhancements;  Deployment of partnership brochures to drive overnight visitation to assessed lodging businesses, including entertainment brochures, sports brochures, and wedding brochures;
 Implementing new marketing campaigns, including “I Love PH,” “It’s a Dog’s World,” and “I belong here…” poised to resonate with a wide range of audiences, driving demand for overnight visitation to assessed lodging businesses; and
 Fostering strong partnerships with essential marketing groups, including but not limited to:
o DVC College
o Live Nation – Toyota Pavilion @Concord
o NBC
o JSX Airlines
o San Francisco Travel Association
o Visit California
o Mt Diablo DMO Alliance
To accomplish the programs highlighted above, the following budget categories outlined in the Plan will continue into fiscal year 2023/24:

10.1.a
Packet Pg. 94
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 6
Sales, Marketing & Communications
A sales, marketing and communications program will continue to promote assessed businesses as tourist, meeting, and event destinations. The sales, marketing and communications program will continue to have a central theme of promoting Pleasant Hill as a desirable place for overnight visits. The program will continue to have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
 Marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses, including public relations, online and social media campaigns, updating and maintaining website, print, television, digital and radio advertising;  Attendance of trade shows, professional industry conferences and affiliation events to promote assessed businesses;
 Sales blitzes for assessed businesses;
 Familiarization tours of assessed businesses;
 Development of a strategic plan to benefit assessed businesses, including branding and destination management;
 Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;  Lead generation activities designed to attract tourists and group events to assessed businesses;
 Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
 Comprehensive and integrated way finding signage systems, including signage to parking lots and decks, designed to create a visitor experience that will bring repeat visits to assessed businesses;
 Transportation programs connecting assessed businesses and local music venues, sports venues, and other attractions, to increase overnight visitation and room sales at assessed businesses;
 Art and cultural projects to attract overnight visitors to assessed businesses;  Local destination marketing programs designed to drive overnight visitation and room sales to assessed businesses;
 Destination product development programs and improvements designed to drive overnight visitation and room sales to assessed businesses; and  Sports and outdoor recreation marketing programs designed to drive overnight visitation and room sales to assessed businesses.

Administration and Operations
The administration and operations portion of the budget shall continue to be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

10.1.a
Packet Pg. 95
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 7
Contingency/Reserve
The budget shall continue to include a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may continue to be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of SPH. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall continue to be set by the SPH Board. Contingency/reserve funds may continue to be spent on PHTID programs or administrative and renewal costs in such proportions as determined by the SPH Board. The reserve fund may continue to be used for the costs of renewing the PHTID.

City Collection Fee
The City shall continue to retain a fee equal to two percent (2%) of the amount of assessment collected, to cover its costs of collection and administration.

10.1.a
Packet Pg. 96
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 8
Cost
FY 2023/2024 Projections
The cost of providing improvements and activities for FY 2023/24 is consistent with the Plan. The total estimated assessment budget has increased from 2022/23 as a result of improved business conditions. The anticipated total budget for FY 2023/24 is $731,300 in anticipated collections and $0.00 in estimated carry over from the previous year, for a total budget of $731,300. The categorical breakdown is below.

All budget category allocations are within the authorized fifteen percent (15%) adjustment of the total budget from the prior year.

Note: the table above reflects assessment revenue only and does not include the surplus carried over from the previous PHTID Owner’s Association term that ended on March 31, 2022. The surplus balance is $478,887 for FY 2023/24 and is explained in more detail on Page 12.

Category
FY 2023/24
Estimated
Assessment
Revenue
FY 2023/24
Estimated
Expenditures
% of
Assessment
Budget
Sales, Marketing & Communications $548,475 $548,475 75% Administration & Operations $131,634 $131,634 18%
Contingency & Reserve $36,565 $36,565 5%
City Fee $14,626 $14,626 2%
Totals $731,300 $731,300 100%

10.1.a
Packet Pg. 97
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 9
FY 2022/2023 Actuals
Pursuant to the PHTID Plan, below is an overview of the projected revenue versus actual expenditures for FY 2022/23. Actual collections were $621,883, less than the $710,000 projection. The difference of $88,117 was funded by the surplus carried over from the previous Owner’s Association, as explained on Page 12.

Category
FY 2022/23
Estimated
Assessment Revenue
FY 2022/23
Actual
Assessment
Expenditures
(accrual basis)
% $ $ Spent
Sales, Marketing & Communications 75% $532,500 $535,950 Administration & Operations 18% $127,800 $163,052
Contingency & Reserve 5% $35,500 $0
City Fee 2% $14,200 $10,350
Totals 100% $710,000 $709,352

10.1.a
Packet Pg. 98
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 10
Assessment
For fiscal year 2023/24, the assessment rate for the Pleasant Hill Tourism Improvement District will continue to be 3%.

Assessment
The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue for lodging businesses. Based on the benefit received, assessments will not be collected on: stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the tax; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

In years 2024 through 2026, the assessment may be subject to an increase during the five (5) year term. At the discretion of the Stay Pleasant Hill Board, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses. However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year but shall not drop below the initial three percent (3%) of gross short-term room rental revenue. Any increase or decrease authorized by the Stay Pleasant Hill Board shall be included in the Annual Report described in Section V of the Management District Plan.

The term “gross room rental revenue” as used herein means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, services, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

Time and Manner for Collecting Assessments
The PHTID assessment was implemented beginning April 1, 2022 or as soon as possible thereafter, and will end five (5) years from its start date. The City will continue to be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business. The City shall continue to take all reasonable efforts to collect the assessments from each lodging business. The City shall continue to forward the assessments collected, less the two percent (2%) collection fee, to the Owners’ Association.

10.1.a
Packet Pg. 99
Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 11
Delinquencies
The PHTID shall reimburse the City for any costs and fees (including, but not limited to, both City staff time as reasonably calculated by the City, as well as any attorney’s fees) associated with collecting unpaid assessments. If sums in excess of the delinquent PHTID assessment are sought to be recovered in the same collection action by the City, the PHTID shall bear its pro rata share of such collection costs.

Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. Fraud: If the City determines in its sole reasonable discretion that the nonpayment of any remittance due under this section is due to fraud and/or intent to mislead the City, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections 1 and 2 of this section.

4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one-half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment required to be paid under this section.

10.1.a
Packet Pg. 100 Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 12
Surplus and Other Funding
Surplus
The surplus carried over from FY 2022/23 assessment revenue is $0. Separate from the annual assessment revenue, a surplus balance of $567,004 was carried over from the previous PHTID Owner’s Association term that ended on March 31, 2022. Of this amount, $77,822 was spent in 2022/23, leaving a balance of $478,887 for FY 2023/24. This surplus will be used in FY 2023/24 and in future years for one-time expenses, such as marketing campaigns, partnerships and sponsorships of local events, and trade shows. Currently, Stay Pleasant Hill is budgeting $1,161,795 for both on-going and one-time expenses for 2023/24, which leaves a total balance of $48,392 to carry forward for 2024/25.

Other Funding
There are no anticipated contributions to be made from other sources.

10.1.a
Packet Pg. 101 Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Actual Budget over Budget % of Budget
Income
5100 Program Sales & Fees
5110 Hotel Assessment 621,828.09 710,000.00 (88,171.91) 87.58% Total 5100 Program Sales & Fees 621,828.09 710,000.00 (88,171.91) 87.58% 5300 Revenue From Investments
5310 Interest Income 55.25 - 55.25
Total 5300 Revenue From Investments 55.25 - 55.25
Carryover (for budget only) - 500,000.00 (500,000.00) 0.00% Total Income 621,883.34 1,210,000.00 (588,116.66) 51.40% Expenses
7200 Salaries & Related Expenses
7210 Salaries & Wages 306,331.28 377,950.00 (71,618.72) 81.05% 7220 401k/403b Contributions - 5,000.00 (5,000.00) 0.00% 7230 Employee Benefits 18,049.51 9,751.00 8,298.51 185.10% 7240 Payroll Taxes 24,856.65 - 24,856.65
7250 Payroll Service Fees 4,635.18 - 4,635.18
7290 Workers Comp 1,530.84 1,450.00 80.84 105.58%
Total 7200 Salaries & Related Expenses 355,403.46 394,151.00 (38,747.54) 90.17% 7500 Contract Service Expenses
7510 Contractors - General 400.00 - 400.00
7520 Accounting 15,587.00 30,240.00 (14,653.00) 51.54%
7530 Attorney & Legal 46,270.00 7,500.00 38,770.00 616.93% 7540 IT Consultant - 15,000.00 (15,000.00) 0.00%
7550 Social Media Consultant 36,250.00 48,000.00 (11,750.00) 75.52% 7560 Marketing Agency 30,000.00 92,000.00 (62,000.00) 32.61% 7561 Creative Agency 15,560.00 25,000.00 (9,440.00) 62.24% 7562 PR Agency - 20,000.00 (20,000.00) 0.00%
7563 Bandwagon - Activation Agency - 30,000.00 (30,000.00) 0.00% 7570 Internships - 12,000.00 (12,000.00) 0.00%
7580 Photographer - 4,000.00 (4,000.00) 0.00%
7585 Videographer - 2,500.00 (2,500.00) 0.00%
7590 Freelance Designer - 3,000.00 (3,000.00) 0.00%
Total 7500 Contract Service Expenses 144,067.00 289,240.00 (145,173.00) 49.81% 8100 Non-personnel Expenses
8110 Supplies 11,161.88 22,450.00 (11,288.12) 49.72%
8115 Food & Refreshments 187.09 - 187.09
8120 Telephone & Internet 3,921.81 - 3,921.81
8130 Postage & Shipping 906.27 11,500.00 (10,593.73) 7.88% TOTAL
Stay Pleasant Hill
FY23 Budget vs. Actuals (Accrual Basis)
April 2022 - March 2023

Page 13 ends

Pleasant Hill Tourism Improvement District
2023/2024 Annual Report

10.1.a
Packet Pg. 102 Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) 8150 Software & Hardware < $X,XXX 1,486.21 2,000.00 (513.79) 74.31% 8160 Printing & Copying 957.46 16,000.00 (15,042.54) 5.98% 8170 Subscriptions & Website 2,736.62 11,000.00 (8,263.38) 24.88% Total 8100 Non-personnel Expenses 21,357.34 62,950.00 (41,592.66) 33.93% 8200 Facility Expenses
8210 Office & Storage Rent 7,428.00 - 7,428.00
Total 8200 Facility Expenses 7,428.00 - 7,428.00
8300 Travel & Conference Expenses - 40,000.00 (40,000.00) 0.00% 8310 Transportation 9,411.74 - 9,411.74
8320 Airfare 6,863.17 - 6,863.17
8330 Meals 3,472.40 - 3,472.40
8340 Hotels & Lodging 11,787.40 - 11,787.40
8350 Conference Registration Fees 13,226.24 40,000.00 (26,773.76) 33.07% 8355 Trade Show Attendance 8,222.04 - 8,222.04
8360 Incentives (Groups + Meetings) 427.80 4,000.00 (3,572.20) 10.70% 8370 Client Entertainment 1,094.96 10,000.00 (8,905.04) 10.95% Total 8300 Travel & Conference Expenses 54,505.75 94,000.00 (39,494.25) 57.98% 8400 Other Program Specific Expenses
8410 City Fee - 14,200.00 (14,200.00) 0.00%
8420 Co Campaigns 5,000.00 25,000.00 (20,000.00) 20.00% 8421 SPH Advertising - 25,000.00 (25,000.00) 0.00%
8422 Digital Marketing Activations 56,990.00 60,000.00 (3,010.00) 94.98% 8423 Social Media Campaigns 9,132.87 16,000.00 (6,867.13) 57.08% 8430 Marketing Contigency - 30,000.00 (30,000.00) 0.00% 8440 Memberships 22,218.59 46,970.00 (24,751.41) 47.30% 8460 Merchandise - 20,000.00 (20,000.00) 0.00%
8470 Partnerships - 30,000.00 (30,000.00) 0.00%
8480 Community Sponsorships 8,160.28 10,000.00 (1,839.72) 81.60% 8490 Trade Fam Trips 1,427.67 8,000.00 (6,572.33) 17.85% Total 8400 Other Program Specific Expenses 102,929.41 285,170.00 (182,240.59) 36.09% 8500 Other Expenses
8510 Interest Expense 36.55 - 36.55
8520 Insurance - Non-employee Related 1,146.35 23,310.00 (22,163.65) 4.92% 8530 Membership Dues - Organization 5,000.00 - 5,000.00 8540 Staff Training and Development 990.00 8,000.00 (7,010.00) 12.38% 8545 Board Training and Development 16,697.63 30,000.00 (13,302.37) 55.66% 8550 Bank Fees 160.00 - 160.00
8590 Other Expense (369.58) - (369.58)
Total 8500 Other Expenses 23,660.95 61,310.00 (37,649.05) 38.59% Total Expenses 709,351.91 1,186,821.00 (477,469.09) 59.77% Net Income (87,468.57) 23,179.00 (110,647.57) -377.36%

Page 14 ends

Pleasant Hill Tourism Improvement District
2023/2024 Annual Report

10.1.a
Packet Pg. 103 Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report) Pleasant Hill Tourism Improvement District
2023/2024 Annual Report Page 15
APPENDIX II – Assessed Businesses
Business Name Street Address City
EXTENDED STAY AMERICA 3220 BUSKIRK AVE PLEASANT HILL, CA 94523 HOMEWOOD SUITES BY HILTON 650 ELLINWOOD WAY PLEASANT HILL, CA 94523 HYATT HOUSE 2611 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 SONESTA SELECT 2250 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 PLEASANT HILL INN 1432 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 RESIDENCE INN BY MARRIOTT 700 ELLINWOOD WY PLEASANT HILL, CA 94523 SUN VALLEY INN 2045 CONTRA COSTA BLVD. PLEASANT HILL, CA 94523

10.1.a
Packet Pg. 104 Attachment: PHTID Annual Report 2023-24 (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Financial Statements
with Independent Auditors’ Report Thereon
(Cash Basis)
Year Ended March 31, 2023

10.1.b
Packet Pg. 105 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

TABLE OF CONTENTS
________________________________________________________________ Page No.

Independent Auditors’ Report 1 -3
Statement of Assets, Liabilities and Net Assets 4
Statement of Revenues, Expenses, and Changes in Net Assets 5 Statements of Functional Expenses 6
Notes to Financial Statements 7 - 10

10.1.b
Packet Pg. 106 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report) INDEPENDENT AUDITORS’ REPORT
To the Board of Directors of
Stay Pleasant Hill
Pleasant Hill, California
Opinion
We have audited the accompanying financial statements of Stay Pleasant Hill (a not-for-profit corporation), which comprise the statement of assets, liabilities, and net assets (cash basis) as of March 31, 2023, and the related statements of revenues, expenses, and changes in net assets and functional expenses (cash basis) for the year then ended, and the related notes to the financial statements.

In our opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities, and net assets of Stay Pleasant Hill as of March 31, 2023, and the revenues, expenses, and changes in net assets (cash basis) and functional expenses (cash basis) for the year then ended on the basis of accounting described in Note 1 to the financial statements.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Stay Pleasant Hill and to meet other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with the basis of accounting described in Note 1 to the financial statements and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

10.1.b
Packet Pg. 107 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report) In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Stay Pleasant Hill’s ability to continue as a going concern within one year after the date that the financial statements are available to be issued.

Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance but it not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements, including omissions, are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with the basis of accounting described in Note 1 to the financial statements, we:
• Exercise professional judgement and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks.

Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Stay Pleasant Hill’s internal control. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Stay Pleasant Hill’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit.

10.1.b
Packet Pg. 108 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report) Basis of Accounting
We draw attention to Note 1 of the financial statements, which describes the basis of accounting.

The financial statements are prepared in accordance with the cash basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. Our conclusion is not modified with respect to this matter.

CROPPER ACCOUNTANCY CORPORATION
Walnut Creek, California
July 3, 2023

10.1.b
Packet Pg. 109 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Statement of Assets, Liabilities, and Net Assets (Cash Basis) March 31, 2023
ASSETS
ASSETS:

Cash and cash equivalents $ 478,887
Prepaid expenses and deposits 28,155
TOTAL ASSETS $ 507,042

LIABILITIES AND NET ASSETS
NET ASSETS WITHOUT DONOR RESTRICTIONS 507,042
TOTAL LIABILITIES AND NET ASSETS $ 507,042
See independent accoountants' report and notes to the financial statements 4 10.1.b
Packet Pg. 110 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Statement of Revenues, Expenses, and Changes in Net Assets (Cash Basis) Year Ended March 31, 2023
SUPPORT AND REVENUES:

Hotel assessments $ 621,828
Interest 55
Total support and revenues 621,883
EXPENSES BY FUNCTION:

Program services 530,580
Management and general 173,771
Total expenses 704,351
CHANGE IN NET ASSETS WITHOUT DONOR RESTRICTIONS (82,468) NET ASSETS WITHOUT DONOR RESTRICTIONS, BEGINNING OF YEAR 86,576 Net asset transfers from Pleasant Hill Chamber of Commerce 502,934 NET ASSETS WITHOUT DONOR RESTRICTIONS, END OF YEAR $ 507,042 See independent accountants' report and notes to the financial statements 5 10.1.b
Packet Pg. 111 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Statement of Functional Expenses (Cash Basis)
Year Ended March 31, 2023
Program
Services
Management
and General Total
EXPENSES:

Salaries and wages $ 211,831 $ 94,500 $ 306,331
Employee benefits 12,573 5,476 18,049
Payroll taxes 17,299 7,557 24,856
Legal fees - 46,270 46,270
Accounting 106 15,481 15,587
Other professional fees 82,210 - 82,210
Marketing and campaigns 71,123 - 71,123
Registration fees and tradeshows 22,971 - 22,971
Rent - storage 7,428 - 7,428
Office supplies and related 18,502 119 18,621
Training and development 17,688 - 17,688
Payroll processing 2,944 1,691 4,635
Travel and related 31,165 - 31,165
Memberships 22,219 - 22,219
Community sponsorships 9,588 - 9,588
Insurance - 2,677 2,677
Dues and subscriptions 2,737 - 2,737
Bank fees 160 - 160
Interest 36 - 36
Total expenses $ 530,580 $ 173,771 $ 704,351
See independent accountants' report and notes to the financial statements 6 10.1.b
Packet Pg. 112 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

POLICIES
The Organization
Stay Pleasant Hill is a California nonprofit mutual benefit corporation established to promote tourism through the operation of the Pleasant Hill Tourism Improvement District (PHTID) and other related programs and initiatives according to Property and Business Improvement District Law of 1994, Street and Highways Code 36600 et seq., (The 1994 Law) and the PHTID Management District Plan.

Pursuant to The 1994 Law, the City of Pleasant Hill is authorized to levy and collect assessments from lodging businesses in the PHTID for the purposes outlined above and has contracted with Stay Pleasant Hill, to serve as the Owners’ Association for the PHTID. As such, Stay Pleasant Hill’s primary source of revenue are hotel assessments received from seven hotels within the PHTID. Any significant change in Pleasant Hill hotel occupancy has a significant effect upon Stay Pleasant Hill’s programs and operations.

Basis of Accounting
The accompanying financial statements have been prepared on the cash basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America.

Under the cash basis of accounting used by Stay Pleasant Hill, revenues are not recorded until received and expenses are not recorded until paid. Accordingly, the following are not reflected in the accompanying financial statements according to organization policy:

Accounts receivable
Accounts payable
Accrued expenses such as accrued vacation
Deferred revenue
Lease assets and liabilities
Basis of Presentation
The financial statements of Stay Pleasant Hill have been prepared in accordance with ASU 2016- 14, which require nonprofit organizations to report information regarding its financial position and activities according to the following net asset categories:

Net assets without donor restrictions: Net assets that are not subject to donor-imposed restrictions and may be expended for any purpose in performing the primary objectives of the organization. These net assets may be used at the discretion of Stay Pleasant Hill’s management and board of directors.

10.1.b
Packet Pg. 113 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Notes to the Financial Statements
Year ended March 31, 2023
_____________________________________________________________________________________ 8 Net assets with donor restrictions: Net assets subject to stipulations imposed by donors and grantors. Some donor restrictions are temporary in nature; those restrictions will be met by actions of Stay Pleasant Hill or by the passage of time. Other donor restrictions are perpetual in nature, whereby the donor has stipulated the funds be maintained in perpetuity.

Donor restrictions are reported as increases in net assets with donor restrictions. When a restriction expires, net assets are reclassified from net assets with donor restrictions to net assets without donor restrictions in the statements of activities.

Cash and Cash Equivalents
Stay Pleasant Hill considers money market funds and highly liquid investments with a maturity of three months or less when acquired, to be cash equivalents.

Concentrations of Credit Risk
As of March 31, 2023, Stay Pleasant Hill maintains its cash and equivalents in two financial institutions. At times, amounts on deposit may exceed insured limits ($250,000 per financial institution by the FDIC) or include uninsured investments in money market mutual funds. To date, the Association has not experienced credit losses in any of these accounts.

Capital Assets
Capital assets with a cost basis in excess of $3,000 are capitalized and stated at cost in the accompanying financial statements. Donated capital assets are reported at the estimated fair value on the date contributed.

Costs incurred in the development of internal use software (including website development costs) for operating purposes are capitalized as incurred, including design, coding, testing, and implementation costs after feasibility has been achieved. Other related costs, such as project scoping, feasibility determination, and post-implementation support, are expensed as incurred.

Certain other software development costs not meeting the capitalization criteria per generally accepted accounting standards, such as proof-of-concept software development activities or software development costs incurred in a functional component project (the coding resulting from such a project is available and beneficial to the industry as a whole) are expensed as incurred.

Normal repairs and maintenance, including website maintenance, computer hardware replacement parts or computer software upgrades, are expensed as incurred.

Depreciation and amortization is computed on the straight-line method over estimated useful lives as follows:

Computer hardware and software 3 years
Furniture and other equipment 5 years
Website development costs 4 years

10.1.b
Packet Pg. 114 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Notes to the Financial Statements
Year ended March 31, 2023
_____________________________________________________________________________________ 9 Revenue Recognition
Hotel assessments and other revenues are recorded upon receipt. Such assessments are received net of processing fees charged by the City of Pleasant Hill.

Operating Expenses
Operating expenses are recorded upon disbursement. As of March 31, 2023, all costs disbursed pertaining to future fiscal years are recorded as prepaid expenses and deposits.

Functional Allocation of Expenses
The costs of providing Stay Pleasant Hill’s various programs and supporting services have been summarized on a functional basis in the statement of revenues, expenses, and changes in net assets.

Accordingly, certain costs have been allocated among the programs and supporting services benefited based upon management estimates.

Tax-Exempt Status
Stay Pleasant Hill is exempt from income tax under IRC section 501(c)(6), though it is subject to tax on income unrelated to its exempt purpose, unless that income is otherwise excluded by the Code. Stay Pleasant Hill has processes presently in place to ensure the maintenance of its taxexempt status; to identify and report unrelated income; to determine its filing and tax obligations in jurisdictions for which it has nexus; and to identify and evaluate other matters that may be considered tax positions. Tax years including the tax year ended March 31, 2023 and earlier are subject to examinations by tax authorities. Stay Pleasant Hill has determined that there are no material uncertain tax positions that require recognition or disclosure in the financial statements.

Use of Estimates
The preparation of financial statements in conformity with the cash basis of accounting requires management to make estimates and assumptions that affect the reported amounts of assets at the dates of the financial statements and the reported amounts of expenses during the reporting periods.

Actual results could differ from those estimates. The allocation of costs among functions is based on an allocation method using management’s best estimates of time spent on the various functions.

Subsequent Events
Management has evaluated subsequent events through July 3, 2023, the date on which the financial statements were available to be issued. Based on that evaluation, no additional adjustments to or disclosures in these financial statements were deemed necessary.

2. LEASE COMMITMENTS
Stay Pleasant Hill operates a virtual office with one month-to-month lease for storage.

10.1.b
Packet Pg. 115 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report)

STAY PLEASANT HILL
(A Not-for-Profit Corporation)
Notes to the Financial Statements
Year ended March 31, 2023
_____________________________________________________________________________________ 10 3. AVAILABILITY AND LIQUIDITY
The following represents Stay Pleasant Hill’s financial assets as of March 31, 2023:
2023
Financial assets at year-end:

Cash and cash equivalents $ 478,887
Less amounts not available to be used within one year:

Operating reserve or donor restricted net assets -
Financial assets available to meet general expenditures over the next twelve months $ 478,887
Stay Pleasant Hill is in the process of developing a liquidity plan, so that excess cash is set aside to meet future cash needs if operating cash flow were to fluctuate significantly.

4. RELATED PARTY TRANSACTIONS
The Board of Directors of Stay Pleasant Hill is comprised of representatives of five local hotels in addition to a representative from the City of Pleasant Hill and a representative from Pleasant Hill Chamber of Commerce.

Stay Pleasant Hill’s primary source of revenue are hotel assessments received from hotels within the Pleasant Hill Tourism Improvement District. Those assessments are forwarded to the City of Pleasant Hill who reviews and approves the respective assessment calculations for propriety prior to forwarding funds to Stay Pleasant Hill, net of processing fees of $10,350 for such services.

The following summarizes related party transactions during the year ended March 31, 2023:

Amounts paid to:

City of Pleasant Hill, excluding processing fees

Pleasant Hill Chamber of Commerce
Hyatt House Pleasant Hill
Homewood Suites by Hilton Pleasant Hill
Sonesta Pleasant Hill
Residence Inn by Marriott, Pleasant Hill
$43,800
$ 4,000
$ 788
$ 931
$ 614
$ 495

10.1.b
Packet Pg. 116 Attachment: PHTID 2022-23 Audited Financial Statements (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
1 2022-2027
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. January 24, 2022

10.1.c
Packet Pg. 117 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
2 Contents
I. OVERVIEW.............................................................................................................................................3 II. BACKGROUND.....................................................................................................................................5 III. BOUNDARY ...........................................................................................................................................6 IV. ASSESSMENT BUDGET AND SERVICES....................................................................................7 A. Annual Service Plan............................................................................................................ 7 B. Annual Budget .................................................................................................................... 9 C. California Constitutional Compliance .............................................................................. 10 D. Assessment........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments................................................................. 13 V. GOVERNANCE...................................................................................................................................14 A. Owners’ Association......................................................................................................... 14 B. Brown Act and California Public Records Act Compliance ............................................ 14 C. Annual Report................................................................................................................... 15 APPENDIX 1 – LAW........................................................................................................................................16 APPENDIX 2 – ASSESSED BUSINESSES .................................................................................................27 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

10.1.c
Packet Pg. 118 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
3 I. OVERVIEW
Developed by the City of Pleasant Hill Economic Development Department and lodging businesses in Pleasant Hill, the Pleasant Hill Tourism Improvement District (“PHTID”) is an assessment district proposed to provide specific benefits to payors, by funding sales, marketing, and communications efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2017, the PHTID was formed pursuant to the Property and Business Improvement District Law of 1994 (“94 Law”) for a five (5) year term. This effort seeks to renew the PHTID for a five (5) year term pursuant to the provisions of the 94 Law.

Location: The PHTID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Pleasant Hill (“City”), as shown on the map in Section III.

Services: The PHTID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales, marketing, and communications programs will increase demand for overnight tourism and market payors as tourist, meeting, and event destinations, thereby increasing demand for room night sales.

Budget: The total PHTID annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $710,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and if the assessment rate is increased pursuant to this Plan.

Cost: The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the assessment; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

In years 2024 through 2026, the assessment rate may be subject to an annual increase during the five (5) year term. At the discretion of the Stay Pleasant Hill Board, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses. However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year, but shall not drop below the initial assessment rate of three percent (3%) of gross short-term room rental revenue. Any increase or decrease authorized by the Stay Pleasant Hill Board shall be included in the Annual Report described in Section V.

10.1.c
Packet Pg. 119 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
4 Collection: The City shall continue to be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business located within the boundaries of the PHTID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The PHTID will have a five (5) year life, beginning April 1, 2022, or as soon as possible thereafter and end five (5) years from its start date. Once per year, beginning on the anniversary of PHTID renewal, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on PHTID termination.

Management: Stay Pleasant Hill (“SPH”) will serve as the PHTID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council.

10.1.c
Packet Pg. 120 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
5 II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

California’s TIDs collectively
raise over $300 million
annually for local destination
marketing. With competitors
raising their budgets, and
increasing rivalry for visitor
dollars, it is important that
Pleasant Hill lodging
businesses continue to invest
in stable, lodging-specific
sales, marketing and
communications programs.

TIDs utilize the efficiencies of
private sector operation in the market-based promotion of tourism districts. TIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase demand for room night sales.

In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created, and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38
46 61 64 70 75
88 95 99101104109110
0 20
40 60
80 100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Number of Districts Operating in
California

10.1.c
Packet Pg. 121 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
6 III. BOUNDARY
The PHTID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Pleasant Hill.

Lodging business means: any structure or any portion of any structure that is occupied or intended or designated for occupancy by transients for dwelling, lodging, or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging-house, rooming- house, apartment-house, dormitory, public or private club, recreational vehicle park, mobile home or house trailer at a fixed location or other similar structure or portion therefor. The term “lodging business” as used herein only includes businesses designed for occupancy for periods of less than twenty-nine (29) days.

The boundary, as shown in the map below, currently includes seven (7) lodging businesses. A complete listing of lodging businesses within the PHTID can be found in Appendix 2.

Martinez
Concord
Walnut Creek
Lafayette Walnut Creek
Taylor Blvd
Boyd Rd
Pleasant Hill Rd
Gregory Ln
Me
Viking Dr rcury Way
Contra Costa Blvd
Grayson Rd
Oak Park Blvd
Contra Costa Canal Trl
Ruth Dr
Lucille Ln
Paso Nogal
Devon Ave
Buskirk Ave
Chilpancingo Pkwy
Iron Horse
Hookston Rd
Ardith Dr
Kiki Dr
Norse Dr
Paso Nogal Rd
Doris Dr
C el ave al nd Rd
Mayhew Way
Soule Ave
Shirley Dr
Doray Dr
Gladys Dr
Elderwood Dr
Roberta Ave
Gail Dr
45 Elliot Dr
Mazie Dr
Kahrs Ave
Mary Dr
Belle Ave
Putnam Blvd
Hamilton Dr
Apol ol Way
Beth Dr
Coggins Dr
Sylvia Dr
Sherman Dr
Madeira Way
Ellinwood Dr
Marta Dr
Pleasant Valley Dr
Oakvue Rd
Byron Dr
Vessing Rd
Buttner Rd
Santa Lucia Dr
Rose Ln
Little Ln
Slater Ave
Strand Ave
Twinview Pl
P
Crescent Plz
rice Ln
Starlyn Dr
Shetland Dr
Pleasant View Dr
Peggy Dr
Eloise Ave
Fernwood Dr 3rd Ave S
Marlee Rd
Barnett Cir
Wendell Ln
Violet Way
Daisy Pl
Tempe Ct
Capri Ln
Contra Costa Blvd
Slater Ave
Pleasant Hill City Limits
§¨¦680
§¨¦680
¬«4
¬«242
Pleasant Hill TID

10.1.c
Packet Pg. 122 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
7 IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the PHTID funds are sales, marketing and communications programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by SPH. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $710,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the assessment budget shall remain the same. However, the SPH Board shall have the authority to adjust assessment budget allocations between the categories by no more than fifteen percent (15%) of the total assessment budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the PHTID, any and all assessment funds may be used for the costs of defending the PHTID.

Each budget category includes all costs related to providing that service. For example, the sales, marketing, and communications budget includes the cost of staff time dedicated to overseeing and implementing the sales, marketing, and communications program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual Sales, Marketing,
and
Communications,
$532,500, 75%
City Fee, $14,200,
2%
Contingency &
Reserve
$35,500, 5%
Administration &
Operations,
$127,800 18%
INITIAL ANNUAL ASSESSMENT BUDGET - $710,000

10.1.c
Packet Pg. 123 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
8 staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SPH on an as-needed basis.

Sales, Marketing & Communications
A sales, marketing and communications program will promote assessed businesses as tourist, meeting, and event destinations. The sales, marketing and communications program will have a central theme of promoting Pleasant Hill as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses, including public relations, online and social media campaigns, updating and maintaining website, print, television, digital and radio advertising;
• Attendance of trade shows, professional industry conferences and affiliation events to promote assessed businesses;
• Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Development of a strategic plan to benefit assessed businesses, including branding and destination management;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
• Comprehensive and integrated way finding signage systems, including signage to parking lots and decks, designed to create a visitor experience that will bring repeat visits to assessed businesses;
• Transportation programs connecting assessed businesses and local music venues, sports venues, and other attractions, to increase overnight visitation and room sales at assessed businesses;
• Art and cultural projects to attract overnight visitors to assessed businesses; • Local destination marketing programs designed to drive overnight visitation and room sales to assessed businesses;
• Destination product development programs and improvements designed to drive overnight visitation and room sales to assessed businesses; and
• Sports and outdoor recreation marketing programs designed to drive overnight visitation and room sales to assessed businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

10.1.c
Packet Pg. 124 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
9 Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of Stay Pleasant Hill. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the SPH Board. Contingency/reserve funds may be spent on PHTID programs or administrative and renewal costs in such proportions as determined by the SPH Board. The reserve fund may be used for the costs of renewing the PHTID.

City Collection Fee
The City of Pleasant Hill shall retain a fee equal to two percent (2%) of the amount of assessment collected, to cover its costs of collection and administration.

B. Annual Budget
The total 5-year improvement and service plan assessment budget is projected at approximately $710,000 annually, or $5,070,440 through 2027 if maximum assessment increases are made by the SPH board. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and if the assessment rate is increased. If the maximum annual assessment increases are adopted by the Owners’ Association upon approval, the annual budget will increase as illustrated in the table below. The initial annual assessment rate is three percent (3%) of gross shortterm room rental revenue for lodging businesses and cannot be increased in years 2022 and 2023. In years 2024 through 2026, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses. However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year but shall not drop below the initial three percent (3%) of gross short-term room rental revenue.

The table below demonstrates the maximum with the assumption that the rates will be increased in annually from 2024 through 2026 as it is a required disclosure, it is not the anticipated course of action.

Alternate courses of action may be taken in regards to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Management District Plan.

Additionally, a three percent (3%) annual increase in the total budget is shown, to account for estimated increased room night sales as a result of PHTID efforts. This three percent (3%) annual increase is a conservative estimate based on the effects of similarly sized TID budgets.

The table below demonstrates the maximum cost of improvements and services over the PHTID’s five (5) year term.

10.1.c
Packet Pg. 125 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
10 Estimated Annual Budget If
Maximum Assessment Rates are Adopted 2024-2027
Year Sales, Marketing
and
Communications
Administration City Fee Contingency/Reserve Total
2022-23 $532,500 $127,800 $14,200 $35,500 $710,000
2023-24 $548,475 $131,634 $14,626 $36,565 $731,300
2024-25 $753,220 $180,773 $20,086 $50,215 $1,004,294
2025-26 $969,771 $232,745 $25,861 $64,651 $1,293,028
2026-27 $998,864 $239,727 $26,636 $66,591 $1,331,818
Total $3,802,830 $912,679 $101,409 $253,522 $5,070,440
The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the district’s five (5) year term. Additionally, a three percent (3%) annual increase in the total budget is shown to account for estimated increased room night sales as a result of PHTID efforts.

Estimated Annual Budget If Maximum Assessment
Rates Are Not Adopted 2022-2027
Year Sales, Marketing
and
Communications
Administration City Fee Contingency/Reserve Total
2022-23 $532,500 $127,800 $14,200 $35,500 $ 710,000
2023-24 $548,475 $131,634 $14,626 $36,565 $ 731,300
2024-25 $564,929 $135,583 $15,065 $37,662 $ 753,239
2025-26 $581,877 $139,651 $15,517 $38,792 $ 775,837
2026-27 $599,333 $143,840 $15,982 $39,956 $ 799,111
Total $2,827,114 $678,508 $ 75,390 $ 188,475 $3,769,467 A. California Constitutional Compliance
The PHTID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the PHTID assessment is a business-based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the PHTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230

10.1.c
Packet Pg. 126 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
11 1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the PHTID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the PHTID and are narrowly tailored. PHTID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in PHTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.

The assessment imposed by this PHTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with sales, marketing and communications programs promoting lodging businesses paying the PHTID assessment. The sales, marketing, and communications programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the sales, marketing, and communications programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the PHTID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that sales, marketing and communications services like those to be provided by the PHTID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)

10.1.c
Packet Pg. 127 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
12 government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
PHTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by SPH, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from PHTID-funded activities, be featured in advertising campaigns, and benefit from other PHTID-funded services. Nonassessed lodging businesses will not receive these, nor any other, PHTID-funded services and benefits.

The PHTID-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-PHTID funds. PHTID funds shall only be spent to benefit the assessed businesses and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

B. Assessment
The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue for lodging businesses. Based on the benefit received, assessments will not be collected on: stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the tax; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

In years 2024 through 2026, the assessment may be subject to an increase during the five (5) year term.

At the discretion of the Stay Pleasant Hill Board, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses.

However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year but shall not drop below the initial three percent (3%) of gross short-term room rental revenue. Any increase or decrease authorized by the Stay Pleasant Hill Board shall be included in the Annual Report described in Section V.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for 6 Government Code § 53758(b)

10.1.c
Packet Pg. 128 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
13 payment from the business. If the PHTID assessment is identified separately it shall be disclosed as the “PHTID Assessment.” As an alternative, the disclosure may include the amount of the PHTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes.

Bonds shall not be issued.

C. Penalties and Interest
The PHTID shall reimburse the City of Pleasant Hill for any costs and fees (including, but not limited to, both City staff time as reasonably calculated by the City, as well as any attorney’s fees) associated with collecting unpaid assessments. If sums in excess of the delinquent PHTID assessment are sought to be recovered in the same collection action by the City, the PHTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

D. Time and Manner for Collecting Assessments
The PHTID assessment will be implemented beginning April 1, 2022 or as soon as possible thereafter, and end five (5) years from its start date. The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected, less the two percent (2%) collection fee, to the Owners’ Association.

10.1.c
Packet Pg. 129 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
14 V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the PHTID as defined in Streets and Highways Code §36612. The City Council has determined that Stay Pleasant Hill (“SPH”) shall serve as the Owners’ Association for the PHTID. The City shall enter into a contract with Stay Pleasant Hill for administration of the PHTID. The City reserves the right to conduct regular financial and/or operational audits, as reasonably determined to be appropriate by the City in the City’s sole discretion, of the Owners’ Association. Any such City audits will receive the full and unqualified cooperation and assistance of the Owners’ Association, and upon request by City will be paid for in whole or in part with PHTID funds. Consistent with law, and for good cause as reasonably demonstrated to the satisfaction of the City Council, the City Council at a noticed public hearing may designate a different qualified private nonprofit entity as the Owners’ Association of the PHTID, to replace either SPH, or any subsequent designated Owners’ Association.

SPH as the new Owners’ Association, will appoint a new Board of Directors, comprised of seven (7) members. The members of the SPH Board shall include:
• One (1) representative of the Hyatt hotel;
• One (1) representative of the Marriot hotel;
• One (1) representative of the Homewood Suites by Hilton hotel; • One (1) representative of the Sonesta hotel;
• One (1) representative of a lodging business not affiliated with a national brand; • One(1) representative of the Pleasant Hill Chamber of Commerce; and • One (1) representative of the City of Pleasant Hill.

In the event of changes in hotel ownership or brand affiliation the SPH Board reserves the right to modify its composition without requiring an amendment to this plan. If there is an addition to the Board or if the SPH board would like to reduce the size of the Board, they will need to modify the Management District Plan. SPH shall be responsible for managing funds and implementing programs in accordance with this Plan and by direction of the SPH Board and must provide annual reports to the City Council.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the SPH Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

10.1.c
Packet Pg. 130 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
15 C. Annual Report
SPH shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

In addition, the annual report shall include:
• Details of the accomplishments of the district during the previous fiscal year. • An overview of the budgeted versus actual expenditures and revenue for the previous fiscal year.

10.1.c
Packet Pg. 131 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
16 APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT *** (ALL 2020 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a business district are not taxesfor the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.

10.1.c
Packet Pg. 132 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
17 (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

10.1.c
Packet Pg. 133 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
18 36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California

10.1.c
Packet Pg. 134 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
19 Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter.

10.1.c
Packet Pg. 135 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
20 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This

10.1.c
Packet Pg. 136 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
21 part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the

10.1.c
Packet Pg. 137 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
22 public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.

10.1.c
Packet Pg. 138 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
23 (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

10.1.c
Packet Pg. 139 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
24 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

10.1.c
Packet Pg. 140 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
25 (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

10.1.c
Packet Pg. 141 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
26 CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

10.1.c
Packet Pg. 142 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report) PHTID Management District Plan
January 24, 2022
27 APPENDIX 2 – ASSESSED BUSINESSES
Business Name Street Address City
EXTENDED STAY AMERICA 3220 BUSKIRK AVE PLEASANT HILL, CA 94523 HILTON HOMEWOOD SUITES 650 ELLINWOOD WAY PLEASANT HILL, CA 94523 HYATT HOUSE 2611 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 SONESTA SELECT PLEASANT HILL 2250 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 PLEASANT HILL INN 1432 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 RESIDENCE INN PLEASANT HILL 700 ELLINWOOD WY PLEASANT HILL, CA 94523 SUN VALLEY INN 2045 CONTRA COSTA BLVD. PLEASANT HILL, CA 94523

10.1.c
Packet Pg. 143 Attachment: PHTID 2022-27 Management District Plan (PHTID 2023-24 Annual Report)

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___

AMENDING ACCESSORY DWELLING UNIT ORDINANCE, SECTION

18.20.095 OF THE PLEASANT HILL MUNICIPAL CODE

SYNOPSIS
The proposed amendment to the Accessory Dwelling Unit Ordinance, Section 18.20.095 of the Pleasant Hill Municipal Code, will modify existing provisions that were originally implemented as part of an urgency ordinance that was adopted by the City Council in December 2022 in response to State legislation that was signed into law that year. The City Council is requested to receive public comments and introduce the proposed ordinance. If the ordinance is introduced, it will return to the City Council for a second reading and adoption.

DISCUSSION
Background
The source of these amendments, previously adopted by the City in late 2022 via urgency ordinance, is several bills signed into law in 2022 that, among other provisions, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority’s ability to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The California Legislature also approved, and the Governor signed into law, Senate Bill 897 (SB 897) that further amended Government Code sections 65852.2 and 65852.22 (“New Amendments”). Highlights of SB 897 included the following:
• Requires the City to allow certain ADUs to be higher — up to either 18 or 25 feet, depending on circumstances;
• Requires the City’s front setback to yield for certain ADUs and when other locations on the property are not feasible to allow an 800-square-foot ADU; • Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and • Removes the automatic repeal in 2025 (the ADU statute is now permanent).

10.2 Packet Pg. 144
These amendments were incorporated into the urgency ordinance adopted in December 2022, and have been in effect for ten months. Thus, this proposal will add clarifying language to the “Accessory Structure” definition, and create a definition for “Attached,” as it relates to structures.

Planning Commission Meeting
The Planning Commission reviewed the proposed ordinance amendment at a public hearing on August 22, 2023, and no public comments were received or made at the meeting. After discussion of the proposed ordinance amendment, the Commission adopted PC Resolution 17-23 recommending the City Council adopt the ordinance as proposed by staff.

If the ordinance is introduced, it will return to the City Council for a second reading and adoption.

Analysis
Proposed Ordinance
The objective of this review is to codify the previous urgency ordinance in place since December 2022, while also making minor modifications that will help clarify areas of the ADU ordinance.

These clarifications, which are described in detail in the section below, are the result of staff’s conversations with the public and review of ADU and JADU permit applications.

Additional Modifications (beyond Urgency Ordinance provisions) The proposed changes were not originally included in the urgency ordinance and provide additional clarification to development provisions under the current ADU ordinance. The following are the requested modifications:
 Staff proposes a new definition for attached structures, buildings, etc., as the public has raised questions regarding whether or how certain buildings/structures are deemed attached.

This determination affects what can be permitted related to ADUs and JADUs, particularly regarding the categorization of the structure as a JADU or an ADU. Thus, staff proposes the following amendment:

Subsection C. Definitions:

C.2. Accessory structure means a structure that is accessory and incidental to a primary dwelling located on the same lot.

C.4. Attached means a structure that shares a common wall with the primary residential dwelling structure on a lot. A structure that is connected to the primary residential dwelling solely by a breezeway shall not be considered attached.

10.2 Packet Pg. 145
Environmental Review
This project is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding accessory dwelling units in single-family and multifamily residential zones necessary to implement the provisions of Government Code Section 65852.2.

FISCAL IMPACT
None.

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. A notice of this public hearing was published in the Contra Costa Times on Saturday, September 2, 2023. In addition, A-Frame signs notifying the public about this item have been on display at the Pleasant Hill Police Station and Library, and it has been posted on the electronic message board at City Hall.

RECOMMENDED CITY COUNCIL ACTION
Receive public comment and introduce the proposed ordinance amending Section 18.20.095 of the Pleasant Hill Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the ordinance to be exempt from CEQA.

ALTERNATIVES TO RECOMMENDED ACTION

1. Do not introduce the ordinance.

2. Introduce the ordinance with amendments.

3. Continue the item to a later date with direction to staff from the City Council.

ATTACHMENT(S):

A. Proposed Ordinance(underline/strikethrough)
B. Proposed Ordinance (clean)
C. Planning Commission Resolution No. 17-23
D. Public Notice
Prepared by: Andrew Shiflet, Assistant Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager

10.2 Packet Pg. 146
1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 18.20.095 (‘ACCESSORY DWELLING UNITS’) RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
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, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of accessory dwelling units to meet new state law; and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other provisions, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, Senate Bill 897 (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, on December 5, 2022, to protect the public safety, health, and welfare, the City Council adopted Ordinance No. 960 as an urgency measure in accordance with Government Code section 36937, subdivision (b).

WHEREAS, Ordinance No. 960 allows the City to apply local regulations governing height, setback, landscape, and architectural review, among other standards, to certain applications for ADUs and JADUs, that would otherwise threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

WHEREAS, the City desires to recodify the provisions of the urgency ordinance and modify said provisions that were implemented as part of Ordinance No. 960; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendment was held by the Planning Commission on August 22, 2023, where all interested persons might appear and be heard.

WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendment was held by the City Council on October 2, 2023, where all interested persons might appear and be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANT HILL does ordain as follows:

10.2.a
Packet Pg. 147 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 2 SECTION 1. Amending Pleasant Hill Municipal Code Section 18.20.095, to read as follows:
“18.20.095 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code section 18007.

2. Accessory structure means a structure that is accessory and incidental to a primary dwelling located on the same lot.

3. Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. Attached means a structure that shares a common wall with the primary residential dwelling structure on a lot. A structure that is connected to the primary residential dwelling solely by a breezeway shall not be considered attached.

10.2.a
Packet Pg. 148 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 3 45. Efficiency kitchen means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in area. c. Food storage cabinets that total at least 30 square feet of shelf space.

56. Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
e. Includes an efficiency kitchen, as defined in subsection C.4 of this section.

67. Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

78. Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

89. Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
910. Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
1011. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
1112. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

10.2.a
Packet Pg. 149 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 4 1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.
c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

10.2.a
Packet Pg. 150 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 5 ii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.

2. ADU permit.
a. Except as allowed under subsection D.1 of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section. b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance.

The ADU permit processing fee is determined by the zoning administrator and approved by the city council by resolution.

3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b. above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 of this section may be created on a lot in a residential or mixed-use zone.

10.2.a
Packet Pg. 151 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 6 b. An ADU or JADU subject to an ADU permit under subsection D.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections E.2.b. and E.2.c. below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d. may not exceed two stories. e. For purposes of this section E.2., height is measured above existing grade to the peak of the structure.

3. Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

5. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic system. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

10.2.a
Packet Pg. 152 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 7 7. Owner occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to owner-occupancy requirements.
b. Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the zoning administrator or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

10.2.a
Packet Pg. 153 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 8 9. Income reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, each building-permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.

10. Building and safety.
a. Must comply with building code. Subject to subsection E.10.b. below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b. prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:

1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet and up to two bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, front setback, landscaping or open-space requirements may require the ADU to be less than 800 square feet.

2. Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection F.1.c of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable. a. Attached and detached ADUs.
i. Front yard setbacks.

1. Single-family residential zoning district R-20 – 25 feet;

2. Single-family residential zoning districts PUD/PPD, R-15, R-10, R10A, R-7, R-6 – 20 feet;

3. Multiple-family residential zoning district MRH – 20 feet;

10.2.a
Packet Pg. 154 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 9 4. Multiple-family residential zoning district PUD/PPD, MRM, MRL, MRVL – 15 feet.
ii. Side and rear yard setbacks. All single- and multiple-family zoning districts – four feet.
iii. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Floor area ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 40% in single-family zoning districts with no limitation in multifamily zoning districts, subject to subsection F.1.c of this section.

4. Lot coverage. No ADU subject to this subsection F may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection F.1.c of this section:
a. Single-family residential zoning districts R-20, R-15 – 25% maximum lot coverage;
b. Single-family residential zoning districts R-10 – 30% maximum lot coverage; c. Single-family residential zoning districts PUD/PPD, R-10A, R-7, R-6 – 35% maximum lot coverage;
d. Multiple-family residential zoning districts PUD/PPD, MRVL, MRL, MRM, MRH – 40% maximum lot coverage.

5. Minimum open space. No ADU subject to this subsection F may cause the project to be less than the following open space provisions for multifamily zoning districts noted below, subject to subsection F.1.c of this section:
a. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two. i. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.
ii. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas or area required for front or corner side yards.

10.2.a
Packet Pg. 155 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 10 a. Single-family residential zoning districts (including PUD and PPD single family residential).
i. 50% of the front yard setback (yard) area is to be landscaped. b. Multiple-family residential zoning districts.
i. Multiple-family residential zoning districts MRVL and MRL – 35% landscaping;
ii. Multiple-family residential zoning district MRM – 30% landscaping; iii. Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping.

7. Passageway. No passageway, as defined by subsection C.8 of this section, is required for an ADU.

8. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.
b. Exceptions. No parking under subsection F.8.a of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 of this section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an existing accessory structure under subsection D.1.a of this section. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.8.b.i through v. above.

10.2.a
Packet Pg. 156 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 11 c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

9. Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views. d. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

10. Screening.
a. Evergreen landscape or fence screening must be planted or installed and maintained between the ADU and adjacent parcels as follows:
i. For a single-story ground-level ADU, at least one 15-gallon size evergreen tree that is six feet tall at the time of installation shall be provided for every 10 linear feet of exterior wall or a solid fence of at least six feet in height may be installed.
ii. Landscaping must be drought-tolerant.

11. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places be located so as to not be visible from any public right-of-way.

G. Fees.

1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).

Impact fee here does not include any connection fee or capacity charge for water or sewer service.

10.2.a
Packet Pg. 157 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 12 2. Waiving of fees. The city shall waive fees for ADUs in the following manner:
a. Building and planning permit fees shall be waived if the ADU is deedrestricted for 55 years at the low-income affordable level. b. Building, planning and traffic mitigation fees shall be waived if the ADU is deed-restricted for 55 years at the very low-income affordable level.

H. Nonconforming zoning code conditions, building code violations, and unpermitted structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018 due to either of the following:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance.
b. Exceptions.
i. Notwithstanding subsection H.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
ii. Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.”
Except as modified herein, all other provisions contained in Section 18.20.095 of the Pleasant Hill Municipal Code shall remain in full force and effect.

10.2.a
Packet Pg. 158 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 13 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 3. The City Council finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding accessory dwelling units in single-family and multifamily residential zones to implement the provisions of Government Code Section 65852.2.

SECTION 4. This ordinance shall be effective 30 days after its adoption.

SECTION 5. Within fifteen (15) days after the final passage and adoption of this ordinance, the City Clerk shall cause it to be posted in the three public places designated by resolution of the City Council.

SECTION 6. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

The foregoing ordinance was duly and regularly introduced at a regular meeting of the Pleasant Hill City Council, held in said City on the 2
nd day of October, 2023, and thereafter adopted at a
regular meeting of the City Council, held in said City on the ___ day of _________________ 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

10.2.a
Packet Pg. 159 Attachment: A - Proposed Ordinance (underline/strikethrough) (Ordinance Amendment Accessory Dwelling Units) 1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 18.20.095 (‘ACCESSORY DWELLING UNITS’) RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANT HILL does ordain as follows:

10.2.b
Packet Pg. 160 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 2 SECTION 1. Amending Pleasant Hill Municipal Code Section 18.20.095, to read as follows:
“18.20.095 Accessory dwelling units.

B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Definitions. As used in this section, terms are defined as follows:

2. Accessory structure means a structure that is accessory and incidental to a primary dwelling located on the same lot.

10.2.b
Packet Pg. 161 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 3 5. Efficiency kitchen means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in area. c. Food storage cabinets that total at least 30 square feet of shelf space.

6. Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
e. Includes an efficiency kitchen, as defined in subsection C.4 of this section.

7. Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

9. Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.

10.2.b
Packet Pg. 162 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 4 D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.
c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the

10.2.b
Packet Pg. 163 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 5 city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.

The ADU permit processing fee is determined by the zoning administrator and approved by the city council by resolution.

10.2.b
Packet Pg. 164 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 6 E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 of this section may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection D.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

4. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

5. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling

10.2.b
Packet Pg. 165 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 7 (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

7. Owner occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to owner-occupancy requirements.
b. Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

10.2.b
Packet Pg. 166 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 8 e. The deed restriction is enforceable by the zoning administrator or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, each building-permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.

F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:

10.2.b
Packet Pg. 167 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 9 1. Single-family residential zoning district R-20 – 25 feet;

2. Single-family residential zoning districts PUD/PPD, R-15, R-10, R10A, R-7, R-6 – 20 feet;

3. Multiple-family residential zoning district MRH – 20 feet;

4. Multiple-family residential zoning district PUD/PPD, MRM, MRL, MRVL – 15 feet.
ii. Side and rear yard setbacks. All single- and multiple-family zoning districts – four feet.
iii. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

10.2.b
Packet Pg. 168 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 10 include driveways or parking areas or area required for front or corner side yards.

6. Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection F may cause the total landscaping of the lot to be less than as noted below, subject to subsection F.1.c of this section:
a. Single-family residential zoning districts (including PUD and PPD single family residential).
i. 50% of the front yard setback (yard) area is to be landscaped. b. Multiple-family residential zoning districts.
i. Multiple-family residential zoning districts MRVL and MRL – 35% landscaping;
ii. Multiple-family residential zoning district MRM – 30% landscaping; iii. Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping.

7. Passageway. No passageway, as defined by subsection C.8 of this section, is required for an ADU.

10.2.b
Packet Pg. 169 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 11 v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.8.b.i through v. above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

G. Fees.

1. Impact fees.

10.2.b
Packet Pg. 170 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 12 a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).

Impact fee here does not include any connection fee or capacity charge for water or sewer service.

2. Waiving of fees. The city shall waive fees for ADUs in the following manner:
a. Building and planning permit fees shall be waived if the ADU is deedrestricted for 55 years at the low-income affordable level. b. Building, planning and traffic mitigation fees shall be waived if the ADU is deed-restricted for 55 years at the very low-income affordable level.

H. Nonconforming zoning code conditions, building code violations, and unpermitted structures.

I. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this

10.2.b
Packet Pg. 171 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units) 13 section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.”
Except as modified herein, all other provisions contained in Section 18.20.095 of the Pleasant Hill Municipal Code shall remain in full force and effect.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it 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 4. This ordinance shall be effective 30 days after its adoption.

SECTION 6. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

10.2.b
Packet Pg. 172 Attachment: B - Proposed Ordinance (clean) (Ordinance Amendment Accessory Dwelling Units)

10.2.c
Packet Pg. 173 Attachment: C - Planning Commission Resolution No. 17-23 (Ordinance Amendment Accessory Dwelling Units)

10.2.c
Packet Pg. 174 Attachment: C - Planning Commission Resolution No. 17-23 (Ordinance Amendment Accessory Dwelling Units)

10.2.c
Packet Pg. 175 Attachment: C - Planning Commission Resolution No. 17-23 (Ordinance Amendment Accessory Dwelling Units)

CITY OF PLEASANT HILL

NOTICE OF PUBLIC HEARING

CITY COUNCIL

ACCESSORY DWELLING UNITS &

WIRELESS TELECOMMUNICATIONS FACILITIES

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 two separate proposed zoning ordinance amendments related to Accessory Dwelling Units (Section 18.20.095) and Wireless Telecommunications Facilities (Section 18.67 and related Sections 18.85.010, 18.95.020, and 18.140). The proposed amendment to the accessory dwelling unit ordinance would modify provisions that were implemented as part of an urgency ordinance in response to State Legislation that was passed in 2022. The proposed amendments to the Wireless Telecommunications Ordinance would insure compliance with recent updates to State law.

Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City, as the lead agency, has determined with certainty that the proposed activity will not have a significant effect on the environment, as the proposed amendments are intended to comply with State law and have an ordinance consistent with State mandated provisions. In addition, under California Public Resources Code section 21080. 17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs as defined by section 65852.22. Therefore, the proposed ADU ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law The PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, OCTOBER 2, 2023, in the CITY COUNCIL CHAMBERS, City Hall, at 100 Gregory Lane, Pleasant Hill and through Video/Teleconference via Zoom Conference Meetings. Interested persons, both in-person and those participating through Zoom, will be heard at this time at the meeting. More information on how to participate via zoom, including providing live comments during the meeting, will be provided on the posted City Council Agenda.

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(B) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at 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 related to the Accessory Dwelling Unit ordinance, please call or email Andrew Shiflet, Assistant Planner, at (925) 671-5211 or [email protected]; for information related to the Wireless Telecommunications Facilities ordinance, please call or email Haley Croffoot, Senior Planner, at (925) 671-5297 or [email protected].

Troy Fujimoto
Zoning Administrator

10.2.d
Packet Pg. 176 Attachment: D - Public Notice (Ordinance Amendment Accessory Dwelling Units)

CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO.___
AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.67,

WIRELESS TELECOMMUNICATIONS FACILITIES, AND RELATED
AMENDMENTS TO SECTION 18.85.010, ZONING PERMIT PURPOSE
AND APPLICABILITY, SECTION 18.95.020, USE PERMIT APPROVAL AUTHORITY, AND CHAPTER 18.140, DEFINITIONS

SYNOPSIS
An amendment to the existing Wireless Telecommunications Facilities Ordinance (Chapter

18.67) is proposed to comply with recent modifications to federal and state law, related to processing wireless telecommunications facility applications. Associated conforming changes are also proposed to Section 18.85.010 (purpose and applicability for zoning permits), Section

18.95.020 (approval authority for use permits), and Section 18.140 (definitions). The Planning Commission reviewed the proposed amendments in August 2023 and recommended approval to the City Council. The City Council is requested to receive public comments and introduce the ordinance.

DISCUSSION
Background
The City’s Wireless Telecommunications Facilities ordinance was last updated comprehensively in 2016, with other minor updates occurring in 2018. Since then, numerous federal and state laws and regulations have taken effect, which (among other impacts) significantly restricted local control over the permitting and placement of wireless telecommunication facilities. Noteworthy features of these recent regulations include the following:

1. Ban on Moratoria: On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (“Moratoria Order”), that, among other provisions, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The

10.3 Packet Pg. 177
declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address potential issues.

2. Shot Clocks and Deemed Granted Remedies: The FCC has adopted shot clocks (i.e., timelines) within which a local government must act on wireless telecommunication facility (WTF) applications. The most recent shot clocks have focused on applications for small WTFs and modifications to existing WTFs.
2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on WTF applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications: (1) a 60-day shot clock for collocations; and (2) a 150-day shot clock for all other types of WTF applications.

The State of California later adopted Assembly Bill 57 (AB 57) (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016, for collocations and “other” applications; effective January 1, 2022, for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks.

This “deemed granted” remedy is available under these shot clocks for any application except those proposed for placement on fire department facilities.

Section 6409(a) Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing WTFs must be approved at the local level. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these Section 6409 (a) requests or “eligible facilities requests” (29 FCC Rcd. 12865). More recently, the FCC adopted clarifications and changes to its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law.

Small Wireless Facilities Shot Clocks: Small wireless facilities are defined as wireless facilities that are no more than 50 feet high and 28 cubic feet in volume, among other specific qualifications. Small wireless facilities are typically deployed in the public rights-of-way on streetlights and utility poles and often utilize 5G technology. On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (“Small Cell Order”), which, among other provisions:
 Created new, shorter (60-day and 90-day) shot clocks for small wireless facilities (as defined in the Small Cell Order);
 Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period;

10.3 Packet Pg. 178
 Established a national standard for an effective prohibition related to small wireless facilities that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and  Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition.

The Small Cell Order went into effect in part on January 14, 2019, and fully on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for further Ninth Circuit review of the above-referenced panel’s decision by the entire Ninth Circuit judiciary known as “en banc” review. The Supreme Court of the United States also denied a petition to hear an appeal.

In 2021, the California legislature enacted Assembly Bill 537 (AB 537) amending Gov. Code 65964.1, which further expanded the reach of AB 57’s deemed granted remedy to apply to small wireless facilities applications. Following AB 537, a deemed approved remedy is available either under state law or under federal law (for Section 6409(a) applications) for each and every WTF application type – which is triggered when the local government fails to render a final decision on a WTF application and issue all necessary approvals before the applicable FCC shot clock deadline. The only exception is that the state law “deemed granted” remedy is not applicable to either collocation or siting WTF applications proposed for placement on fire department facilities.

3. Limits on Design Standards: In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small WTFs, including undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable small WTF aesthetic requirements).

In City of Portland decision discussed above, the Court invalidated certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city’s aesthetic regulations for small WTFs will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance.

4. Limits on Fees: State law requires WTF-related permits and/or application fees to be cost-based. The Small Cell Order declared that all WTF-related fees for small wireless facilities (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated

10.3 Packet Pg. 179
competitors in similar situations. The FCC established presumptively reasonable fee levels for small wireless facilities (called “safe harbors”) that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for small wireless facilities for attachment to a local government’s poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way.

Planning Commission Hearing: On August 22, 2023, the Planning Commission adopted Resolution No. 18-23 forwarding a recommendation to the City Council to adopt the proposed ordinance amendment (Attachment C). The City Attorney has also reviewed all proposed amendments.

Analysis
The proposed changes in the ordinance amendment generally focus on clarifying/updating terms and definitions and streamlining the review process of wireless applications to comply with the established federal shot clocks for City action to avoid potential “deemed granted” remedies.

Updating/Clarifying Terms and Definitions:

The following proposed amendments are either a direct requirement from state and federal regulations, or are necessary to add clarification to the ordinance and do not include any changes to the processing of wireless telecommunications applications:

Chapter 18.67 – Wireless Telecommunication Facilities

1. Definitions (Section 18.67.020): The proposed ordinance amendment would eliminate non-relevant and outdated definitions and incorporate new definitions in line with state and federal law, such as “small wireless facility,” and clarify the definition of “substantial change” for Section 6409(a) modifications.

2. Review of wireless telecommunication facilities within the public right-of-way vs. public property (Sections 18.67.120.A and 18.67.120.B): Clarify that wireless telecommunications facilities located in the public right-of-way are subject to an Encroachment Permit, reviewed and issued by the City Engineer. Conversely, wireless telecommunications facilities located on publicly owned property are subject to the same provisions as those located on privately owned property.

3. Application Submittal Requirements (Section 18.67.130): The proposed ordinance amendment would eliminate specific reference to the application submittal requirements and authorizes the City Planner to generate and periodically update the wireless facility application form, which can be found on the City’s website under “Planning Application Forms & Information; Wireless Telecommunication Facilities”.

Section 18.85.010 – Zoning Permit Purpose and Applicability

10.3 Packet Pg. 180

4. The proposed amendment would clarify that a zoning permit is required for Section 6409(a) modifications to an existing wireless telecommunications facility.

Section 18.140 – Definitions

5. The proposed amendment would eliminate references to the definitions for “Antenna, building- or structure-mounted” “Antenna, ground-mounted” “Antenna, satellite” and “Antenna structure, monopole” from the Zoning Code’s general definition section, Section 18.140.010 and place wireless ordinance specific defined terms in Chapter

18.67. Section 18.140.010 will be automatically adjusted alphabetically.

Streamlining Processes:

While the new state and federal regulations establish shot clock timing for reaching a final decision on wireless telecommunication applications, the City has discretion to establish the application review process, including the appropriate permit type, review body and appeal process. Therefore, the City is proposing several changes to the review and appeal process to streamline the review process of certain applications to ensure compliance with the specific shot clock timing.

For reference, the City must review the application, make a decision, and issue all relevant permits within the established shot clock timeframe (including any appeals).

The following applications generally fall under these specific shot clock review times:

Shot Clock Timing Application Types
60 days  Small Cell wireless telecommunications facilities located on and existing pole
90 days  Small Cell wireless telecommunications facilities located on a new or replacement pole
 Collocation requests
150 days  New monopoles
Proposed changes are as follows:

Chapter 18.67 – Wireless Telecommunication Facilities

1. Wireless Facilities in the Right-of-Way - Process for Granting Exceptions (Section

18.67.120.A(1) and 18.67.160): Currently, all proposed facilities within the public right-of-way must comply with the City’s “Guidelines for Wireless Communication Facilities” (Attachment C). Under the current process, the City Engineer reviews applications for all proposed facilities in the public right-of-way, and Planning Commission reviews any exceptions or deviations from the guidelines. The proposed ordinance amendment instead allows the City Engineer to continue to review applications for facilities in the public right-of-way, and also grant exceptions or deviations from the guidelines for applications within the right-of-way, instead of the Planning Commission, which would streamline the process to ensure that the City

10.3 Packet Pg. 181
will be able to meet the required review timeline of 60 or 90 days for these application types.

2. Minor Use Permit Requirement (Section 18.67.120.B(2)): The proposed ordinance amendment introduces a minor use permit process with Zoning Administrator approval for any small wireless telecommunications facilities involving new or replacement structures, or for wireless facility applications that involve the collocation of a wireless telecommunications facility onto an existing structure that does not otherwise qualify for a Section 6409(a) permit or does not already have a wireless facility on it (such as rooftop or façade mounted wireless facilities or the addition of large new facilities to an existing macro cell site). This streamlined process would ensure that the City will be able to meet the required review timeline of 60 or 90 days for these application types. The existing use permit process would remain for applications subject to a 150-day review timeline, such as new monopoles.

3. Appeals Process (Section 18.67.370): The proposed ordinance amendment streamlines the appeal process for wireless telecommunication facilities by requiring that any decision by the zoning administrator or planning commission (use permits or minor use permits) be appealed directly to the City Council. This eliminates potential multi-step appeal processes and ensures that the City Council is the final hearing body on all appeals regardless of the original decision body. This amendment would streamline the process to ensure that the City will be able to meet the required review timeline for applications.

Section 18.95.020 – Use Permit Approval Authority

4. The proposed amendment would require all proposed wireless facilities or modifications that do not qualify for a minor use permit or zoning permit, as specified by Chapter 18.67 to obtain a use permit. This amendment is directly related to the introduction of a minor use permit process discussed above.

CEQA
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed amendments do not directly approve any physical development and are intended to comply with applicable State provisions.

FISCAL IMPACT
None

10.3 Packet Pg. 182
Notice of the meeting was also provided in the East Bay Times Newspaper published on September 2, 2023 and September 18, 2023 (Attachment D), displayed on A-frames at the Police Station and Pleasant Hill Library, displayed on the City Hall changeable message board sign, and on the City’s web page. The agenda, staff report, and attachments are posted on the City’s webpage.

PUBLIC COMMENTS
None

RECOMMENDED CITY COUNCIL ACTION
Receive public comment and introduce the ordinance.

ALTERNATIVES TO RECOMMENDED ACTION

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

2. Do not introduce the Ordinance.

ATTACHMENTS
Attachment A Proposed Ordinance (strikeout/underline)
Attachment B Proposed Ordinance (clean)
Attachment C Guidelines for Wireless Communication Facilities Attachment D Planning Commission Resolution No. 18-23
Attachment E Public Hearing Notice
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager

10.3 Packet Pg. 183
1 ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.67 (WIRELESS TELECOMMUNICATIONS FACILITIES); SECTION 18.85.010 (PURPOSE AND APPLICABILITY FOR ZONING PERMITS); SECTION 18.95.020 (APPROVAL AUTHORITY FOR USE PERMITS); AND SECTION 18.140 (DEFINITIONS) WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to ensure compliance with recent changes to a number of federal and state laws applicable to the siting of wireless telecommunications facilities; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendments was held by the Planning Commission on August 22, 2023, where all interested persons might appear and be heard; and WHEREAS, the Planning Commission adopted Resolution No. 18-23 recommending that the City Council adopt the proposed amendment; and
WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on October 2, 2023, 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 recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. 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.

The ordinance does not authorize construction and will not result in a direct or indirect physical change in the environment. 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. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five days of the adoption of this ordinance pursuant to Section 15062 of Title 14 of the California Code of Regulations; and Section 3. Chapter 18.67, “Wireless Telecommunications Facilities” of Title 18 “Planning and Land Use” is amended as follows:
“Article I. Purpose and Definitions

18.67.010 Purpose.

The purpose of this chapter is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities. These regulations are intended to provide Deleted:

Deleted:

10.3.a
Packet Pg. 184 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 2 for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance and location standards (42 U.S.C. § 332(c)(7), 47 U.S.C. § 253, 47 U.S.C. § 1455(a), Gov’t Code §§ 65850.6, 65964, and 65964.1, and Pub. Util. Code §§ 7901 and 7901.1).

18.67.020 Definitions.

In this chapter, the following definitions apply:

Antenna, amateur radio means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).

Antenna has the meaning set forth in PHMC § 18.140.010.

Antenna, building- or structure-mounted has the meaning set forth in PHMC § 18.140.010.

Antenna, ground-mounted has the meaning set forth in PHMC § 18.140.010.

Antenna, satellite has the meaning set forth in PHMC § 18.140.010.

Antenna structure, monopole has the meaning set forth in PHMC § 18.140.010.

Base station has the same meaning as provided in 47 C.F.R. § 1.400011.6100(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.400011.6100(b)(9) or any equipment associated with a tower.

1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

10.3.a
Packet Pg. 185 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 3 4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

As an illustration and not a limitation, the FCC’s definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose.

Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

Co-locationCollocation has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for Section 6409(a) modifications only, “collocation” has the same meaning as provided in 47 C.F.R. §

1.400011.6100(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.

Distributed antenna system or DAS means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multi-family housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

Eligible facilities request has the same meaning as provided in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.” Eligible support structure has the same meaning as provided in 47 C.F.R. §

1.400011.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.” Enclosure building, shed, or shelter means a building, shed, fence, or other enclosure used to house ground-mounted equipment or ground-mounted equipment cabinets associated with a wireless telecommunications facility.

Equipment cabinet means a cabinet used to house equipment associated with a wireless telecommunications facility.

Existing has the same meaning as provided in 47 C.F.R. § 1.400011.6100(b)(45), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the

10.3.a
Packet Pg. 186 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 4 applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.” Federal Communications Commission (“FCC”) is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.

Height of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipmentappurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

Monopole means a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

Mount means to attach, fix, or otherwise place antenna(s) to a structure or building.

Personal wireless service facilities has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended, which defines the term as “facilities for the provision of personal wireless services.”
Personal wireless services has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.” Public property is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality.

Public right-of-way means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

Public safety facilities means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operations.

Radio frequency (“RF”) is a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.

Related equipment means all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, cable, conduit and connectors.

Roof-mounted or building-mounted antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on an existinga pre-existing building, tank or similar structure other than a purpose built wireless telecommunications facilitytower.

10.3.a
Packet Pg. 187 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 5 Section 6409(a) means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended from time to time.

Section 6409(a) modification means any has the same meaning as an “eligible facilities request that does not cause a substantial change and submitted for approval pursuant to Section 6409(a) and the FCC’s regulations at” provided in 47 C.F.R. § 1.40001 et seq.1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.” Significant gap means a gap in a wireless provider’s own personal wireless services that is demonstrably significant based on scientifically valid and reliable data and other substantial evidence.

Site has the same meaning as provided in 47 C.F.R. § 1.400011.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.” The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the section 6409(a) process.” Small Wireless Facility has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:
(1) The facilities—
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under part 17 of this chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

10.3.a
Packet Pg. 188 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 6 (6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

Stealth facility means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.

Substantial change has the same meaning as provided in 47 C.F.R. § 1.400011.46100(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this chapter organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:

1. For towers outside the public rights-of-way, a substantial change occurs when:
a. The proposed co-location or modification“(i) For towers other than towers in the public rights-of-way, it increases the overall height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20twenty feet (, whichever is greater); orfor other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
b. The proposed co-location or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
c. The proposed co-location or modification(iii) For any eligible support structure, it involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or , for towers in the public rights-of-way and base stations, it d. The proposed co-location or modification involves excavation outside the current boundaries of the leased or

10.3.a
Packet Pg. 189 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 7 owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
a. The proposed co-location or modification increases the overall height more than 10% or 10 feet (whichever is greater); or
b. The proposed co-location or modification increases the width more than six feet from the edge of the wireless tower or base station; or
c. The proposed co-location or modification involves the installation of any new equipment cabinets on the ground whenif there are no existing ground-mounted equipmentpre-existing ground cabinets; associated with the structure, or else d. The proposed co-location or modification involves the installation of any new ground- mounted equipmentground cabinets that are more than 10% larger in height or overall volume than any existing ground-mounted equipmentother ground cabinets associated with the structure; or
(iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
e. The proposed co-location or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3. In addition, for all towers and base stations wherever located, a substantial change occurs when:
a. The proposed co-location or modification(v) It would defeat the existing concealment elements of the eligible support structure as determined by the zoning administrator; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified in §

1.6100(b)(7)(i) through (iv).”
b. The proposed co-location or modification violates a prior condition of approval; provided, however, that the co-location need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

4. As to all measurements set forth herein, the following principles shall govern:
a. The thresholds for height increases are cumulative limits.

10.3.a
Packet Pg. 190 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 8 b. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. c. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date of passage of Section 6409(a).

Tower has the same meaning as provided in 47 C.F.R. § 1.400011.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include Utility Poles.

Transmission equipment has the same meaning as provided in 47 C.F.R. § 1.400011.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”
Utility pole means any structure designed to support electric, telephone, and similar utility lines.

A tower is not a utility pole.

Wireless telecommunications facility or facility means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data.

Article II. General Regulations

18.67.110 Exemptions.

The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

A. DBS, MDS and TVBSOver-the-air-reception-devices (OTARD) antennas.

1. Satellite Dishes 39.37 inches (one meter) or Less: Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement); and and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

10.3.a
Packet Pg. 191 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 9 2. Non-Satellite Dishes 39.37 inches (one meter) or Less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.

23. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained.

C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;

4. The turning radius of any antenna does not exceed 26 feet; and

5. All antennas and antenna structures shall comply with PHMC § 18.67.150, and other applicable provisions of the municipal code.

D. Public safety facilities. Telecommunications facilities used only for public safety or other non-commercial governmental functions, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.

E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.

F. Co-locationColocation facilities. A proposed co-locationcolocation facility that meets all of the requirements of California Government Code section 65850.6.

10.3.a
Packet Pg. 192 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 10 G. Other. A proposed facility is exempt from this section if, and to the extent that, rules and regulations of the Federal Communication Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from city regulation.

HG. Emergency facilities. TelecommunicationsWireless telecommunications facilities erected and operated for emergency situations, as designated by the police chief or city manager, so long as the facility is removed at the conclusion of the emergency.

18.67.120 Permits required.

A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located onin public property and/or public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions).

A. Public property and public right-of-way.

1. Encroachment permit. An encroachment permit shall be required for any facility located within the public property orright-of-way other than a Section 6409(a) modification.

Applications for facilities within the public right-of-way are subject to review and approval by the city engineer. Approval of thean encroachment permit for a facility shall only be granted by the city engineer if the facility is in substantial conformance with the applicable general development standards in Section 18.67.150 and the “Guidelines for Wireless Communications Facilities” within the public right-of-way. Applications that conform to the engineering guidelines are subject to review and approval by the city engineer. If the project proposes any exceptions or deviations from engineering guidelines and standards, such exceptions or deviations shall be considered by the planning commission through a use permit review pursuant to this section, in which event the encroachment permit application, and all required accompanying documentation and information, shall be submitted to the planning commission. Exceptions or deviations from the Guidelines may be granted at the discretion of the planning commissioncity engineer if the applicant demonstrates that the findings for approval of an exception/deviation (PHMC § 18.67.160) have been satisfied.

2. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification.

Applications for zoning permits for a Section 6409(a) modification within the public rightof-way are subject to review and approval by the city engineer.

23. Lease/license. A lease entered into with the city shall be required for any facility located within public propertyLicense. A license entered into with the city shall be required for use of any city-owned property within the public right-of-way.

34. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit.

5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

10.3.a
Packet Pg. 193 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 11 6. Encroachment permit for construction. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.

B. Private property and public property (excluding public right-of-way).

1. Architectural review permit. With the exception of any facility eligible for a Section 6409(a) permit, anAn architectural review permit under PHMC Chapter 18.115 is required for the following facilities:
a. A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). b. A wireless telecommunications facility, monopole or any other antenna structure constructed by or for a service provider other than a Section 6409(a) modification, or an application for a small wireless facility collocation.

2. Minor use permit. An minor use permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The zoning administrator or designee shall administratively review, process, conditionally approve or deny an application for a minor use permit in accordance with the procedures set forth in PHMC Chapter 18.95. No public hearing shall be required for a minor use permit required by this Chapter 18.67.

3. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification.

No architectural review permit shall be required for a Section 6409(a) modification.

24. Use permit. With the exception of any facility eligible for a Section 6409(a) permit, aA use permit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of:
a. An amateur radio antenna that does not meet the standards of PHMC § 18.67.110.C or which, when fully extended, exceeds 60 feet in height.
b. AAny wireless telecommunications facility, monopole or any other antenna structure constructed by or for a servicepersonal wireless services provider., not covered by

18.67.120.A or B.2 or B.3.

3. Section 6409(a) permit. A Section 6409(a) permit shall be required for any Section 6409(a) modification. No architectural review permit shall be required for a Section 6409(a) modification, provided all prior conditions of approval related to concealment or reasonably related to public health and safety are met.

45. Building permit. Each antenna or antenna structure requires aA building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

5. Encroachment permit. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.

10.3.a
Packet Pg. 194 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 12 6. License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property.

C. Temporary use permit. A temporary use permit issued in accordance with the procedures set forth in PHMC Chapter 18.100 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed ninety (90) consecutive days.

18.67.130 Application submittal requirements.

A. Applications for wireless telecommunications facilities shall submit the following information:

SCHEDULE 18.67.130 APPLICATION SUBMITTAL

X X
Application materials for a conditional use permit, as provided in PHMC Chapter 18.95.

X –
Vicinity map depicting major roads and highways and
including topographic areas within both a 200-foot radius and a 1,000-foot radius from the proposed WTF.

X
S-1
X
Site plan including and identifying: X X
a. All facility-related support and protection equipment; S-2 S-3 b. A description of general project information, including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of
equipment, and a statement of compliance with current
FCC requirements.

Elevations of all proposed telecommunications structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site.

X X

10.3.a
Packet Pg. 195 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 13 SCHEDULE 18.67.130 APPLICATION SUBMITTAL

X
–
Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed structure as it would be seen from
surrounding properties from perspective points to be
determined in consultation with the community development and sustainability department prior to preparation. The city may also require the simulation analyzing stealth designs, and/or on-site demonstration mock-ups before the public hearing.

X
–
Landscape plan depicting existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location.

XS4X
Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or
individual, approved by the city, and paid for by the project applicant.

XX
A radio frequency (RF) analysis conducted and certified by a state-licensed/registered RF engineer or qualified consultant to determine the maximum potential RF power density of the proposed WTF at full build-out, along with a comparison of the maximum RF exposure calculations at ground level with the FCC’s RF safety standards. The engineer shall use
accepted industry standards for evaluating compliance with FCC guidelines for human exposure to RF, such as OET
Bulletin 65, or any superseding reports/standards. The RF analysis shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant.

XX
A cumulative impact analysis for the proposed facility and other WTFs on the project site or within (a) 1,000 feet and (b) X
–

10.3.a
Packet Pg. 196 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 14 SCHEDULE 18.67.130 APPLICATION SUBMITTAL

REQUIREMENTS
X Listing information
required – Listing information not
required S Additional information
required
(following schedule)
Submittal information required
Facilities
requiring use
permits
Facilities
requiring
Section
6409(a)
permits
300 feet of the proposed WTF site. The analysis shall include all existing and proposed (application submitted to the community development and sustainability department) WTFs on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient RF fields and maximum potential cumulative
electromagnetic radiation at, and surrounding, the proposed site that would result if the proposed WTF were operating at full buildout.

Statement by the applicant of willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable.

X
–
A signed copy of the proposed property lease agreement, exclusive of the financial terms of the lease, or a signed property owner acknowledgment, including provisions for removal of the WTF and appurtenant equipment within 90
days of its abandonment and provisions for city (on city land) access to provide access, or property owner responsibility, to remove the WTF where the provider fails to remove the WTF and appurtenant equipment within 90 days of its abandonment pursuant to PHMC § 18.67.370. The final agreement shall be submitted at the building permit stage.

XX
An evidence of needs report detailing operational and capacity needs of the provider’s system within the city and the
immediate area adjacent to the city. The report shall detail how the proposed WTF is technically necessary to address current demand and technical limitations of the current system, including technical evidence regarding significant gaps in the provider’s coverage, if applicable, and that there are no less intrusive means to close that significant gap. Such report shall be evaluated by a qualified firm or individual, chosen by the city, and paid for by the project applicant. The qualified firm or individual chosen by the city may request X
–

10.3.a
Packet Pg. 197 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 15 SCHEDULE 18.67.130 APPLICATION SUBMITTAL

A security plan, including emergency contact information, main breaker switch, emergency procedures to follow.

XX
A description of the anticipated maintenance program and back-up generator power testing schedule.

XX
A written statement and supporting information, as requested by staff and/or the planning commission, regarding alternative site selection and co-location opportunities in the service area.

The application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected, a contact list used in the site selection process, and a statement and evidence of refusal regarding lack of co-location opportunities.

X
–
A copy of the original land use approval for the wireless telecommunications facility, if any such approval is claimed by applicant.

XX
A copy of any certificate of public convenience and necessity issued by the California Public Utilities Commission.

XS5
–
Additional information determined to be necessary in order to properly assess a particular application.

X
–
S-1 In addition, the vicinity map shall depict the distance of the proposed WTF from existing residentially designated or zoned areas, existing residences, schools, major roads and highways, and all other WTF sites and facilities (including other providers’ locations) within a 1,000-foot radius shall be delineated on the vicinity map.

S-2 The number, size and content of plans shall be determined by the zoning administrator.

S-3 The site plan shall also include all of the listed information for the facility as it existed on February 22, 2012.

10.3.a
Packet Pg. 198 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 16 SCHEDULE 18.67.130 APPLICATION SUBMITTAL

REQUIREMENTS
X Listing information
required
– Listing information not
required
S Additional information
required
(following schedule)
Submittal information required
Facilities
requiring use
permits
Facilities
requiring
Section
6409(a)
permits
S-4 If deemed necessary, the zoning administrator may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after
construction. Where deemed appropriate by the zoning
administrator, a landscape plan may be required for the entire parcel and leased area.

S-5 Required if applicant is seeking approval pursuant to Public Utilities Code section 7901.

An applicant seeking approval for a wireless telecommunications facility or a modification to a pre-existing wireless telecommunications facility pursuant to this Chapter 18.67 shall complete and submit an application to the Planning Division for review and processing, upon the form published by the City Planner, which may be updated from time to time.

18.67.140 Findings.

The hearing body or individual considering a zoning permit, an architectural review permit, a use permit, or Section 6409(a)a minor use permit may approve the permit only upon making the finding, in addition to the findings which may be otherwise required for the particular permit, that each applicable requirement in PHMC §§ 18.67.150 (General development standards) and

18.67.370 (Discontinuance of use) have been satisfied, or an exception has been granted under PHMC § 18.67.160 (Exceptions).Chapter 18.67 has been satisfied, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant to Section 18.67.160 and the findings for granting an exception can be made.

18.67.150 General development standards.

A. General development standards. Each wireless telecommunications facility located on private property shall be designed, installed and operated in compliance with these development standards, unless specifically stated otherwise in this section. Wireless telecommunication facilities approved under a zoning permit for a Section 6409(a) permitmodification shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3.a, 3.b, 6, 9, and 10, and 11 of this section. Wireless telecommunication facilities located on public property and/or in the public right-of-way and approved under an encroachment permit by the city engineer shall only be required to comply with the development standards in subsections A.1.b,

10.3.a
Packet Pg. 199 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 17 2.h, 3.a, 3.b, 6, 9, and 10, and 11 of this section in addition to the requirements of PHMC §

18.67.120.A.

1. Location requirements.
a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. A wireless telecommunications facility may also be located in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the specific plan. b. Airport safety zones. A wireless telecommunications facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field or for any other airport or heliport, unless the airport operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan). c. Co-locationCollocation. Facilities owned by multiple wireless telecommunications providers shall be co-locatedcollocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site. d. Visibility from public places. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.

The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section.

The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts. e. Setbacks. A ground-mounted antenna or antenna structurewireless telecommunications facility and any related ground-mounted equipment shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use. f. Location on public property preferred. Whenever reasonably feasible, as determined by the zoning administrator, wireless telecommunications facilities shall be encouraged to be located on publicly owned property, however, not in the public right-of-way. This provision shall not apply to any facility authorized to operate in the public right-of-way under Public Utility Code section 7901.

2. Screening and design requirements.

10.3.a
Packet Pg. 200 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 18 a. Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.
b. Natural appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a camouflage facility. A camouflage facility is a wireless telecommunications facility which is designed and constructed to blend in with the surrounding environment.stealth facility. Examples include a water tank, artificial tree, and rocks, and a cupola on a building. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.
d. Blending with architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office or retail zoning districts.
e. Specific plan areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties.

Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.
f. Exterior lighting. Exterior lighting is limited to:
i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and
ii. Other lights required by the FAA for communications facilities within Airport Safety Zones 2, 3 and 4.
g. Standards for wall- and building-mounted facilities. i. Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. ii. Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.
h. Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

10.3.a
Packet Pg. 201 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 19 3. Noise standards. Each facility shall be operated in such a manner so as to minimize any noise impacts.
a. Maximum limit. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.
b. Testing. Testing of back-up generators and other noise-producing equipment shall take place between the hours of 8:30 a.m. and 4:30 p.m. except for weekends and holidays.

4. Height. A wireless telecommunications facility, whether building- or ground-mounted, may exceed the height limits for buildings established in the zoning district within which they are located upon approval of a use permit by the planning commission; however, roofmounted antennas and antenna structures shall not exceed a height ofshall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. The applicant shall submit technical evidence to the city for independent third party technical review justifying any request to exceed zoning district height limits.

5. Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.

6. Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs at all gateson site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.

7. Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the city or the Contra Costa Fire Protection District.

8. Landscaping and tree preservation.
a. Landscape plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.
b. Protection. Prior to commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the zoning administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as to minimize damage to tree roots.
c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.

9. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio,

10.3.a
Packet Pg. 202 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 20 computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the operator shall bring the facility into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period, the operator shall bring the facility into conformance within 30 days of notification by the federal agency. The operator is under an affirmative duty to promptly provide the zoning administrator with a copy of any notice of such violation issued by any federal agency. Any violation of the provisions of this section shall be grounds for the city to terminate any permit granted hereunder and/or to order the immediate service termination of the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing radio frequency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the city attributable to such interference. 109. Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the zoning administrator or other applicable city decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation. 1110. Public health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.
1211. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 115100% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed prior to the original deployment of the facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The

10.3.a
Packet Pg. 203 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 21 permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

B. Special provisions for amateur radio antennas and antenna structures. In addition to the general development standards in this section, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth in FCC Order “PRB-1.” Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel having a residential use. The city may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements.

18.67.160 Exceptions.

In accordance with 47 U.S.C. § 332(c)(7), the hearing body may grant an exception to any requirement of this article that is not met upon finding that a denial would result in a prohibition or effective prohibition of personal wireless services. Exceptions may also be granted upon a finding that a denial would otherwise violate applicable laws or regulations.

A. The city engineer, zoning administrator and/or the hearing body considering the application may grant exceptions to the design and location standards for wireless communications facilities subject to this chapter, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:

1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or

2. Otherwise violate applicable laws or regulations; or

3. Require a technically infeasible location, design or installation of a wireless facility.

4. Involve only minor non-compliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.

B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

18.67.170 Standard conditions of approval.

Unless modified by the approval authority, the following conditions of approval shall apply to any WTF affirmatively approved or approved by operation of law through issuance of an architectural review permit, use permit, or building permit:

10.3.a
Packet Pg. 204 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 22 engineer, zoning administrator and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter.:

A. Permit term. Any validly issued conditional use permit or land use permit for a wireless facility issued in accordance with Chapter 18.67 will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

C. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator upon permittee’s receipt of the zoning administrator’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the zoning administrator upon that person’s verbal request.

E. Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower/and or base station is installed shall defend, indemnify and hold harmless the city of Pleasant Hill, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the city’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner , if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

10.3.a
Packet Pg. 205 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 23 F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the WTFfacility from view, shall be considered stealthing elements.

G. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

I. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.provide the city documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. .

J. Optional build-outBuild-out period. As a conditionThis permit shall lapse one year after its date of approval, the approval authority may establish a reasonable build-out period for the approved facility. unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The facility is constructed or modified as approved and in operation; or

4. The build-out period is extended by the city authority which originally approved the permit.

K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

M. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the citypublic right-of-way or on City-owned public

10.3.a
Packet Pg. 206 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 24 property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:

1. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.

2. The contractor shall be responsible for keeping mud and other debris off the public rightof-way within and adjacent to the project.

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.

5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.

7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.

8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.

O. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the WTFfacility in conformance with federal, state, and local laws, rules, and regulations.

P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

Q. Performance and maintenance agreement. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the city. The agreement shall be signed and notarized and submitted to the planning services division to be recorded against the property when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping. The terms of the agreement shall:. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the permittee.

1. Ensure compliance with this chapter and all applicable conditions of approval;

10.3.a
Packet Pg. 207 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 25 2. Require the facility to be appropriately maintained;

3. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and

4. Require the property owners to defend, indemnify, and hold harmless the city.

R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated.

The security shall be in the amount equal to 115100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

S. Conflicts with improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

T. City access. The city reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.

U. Encourage co-locationcollocation. Where the wireless telecommunications facility site is capable of accommodating a co-located facilitycollocation upon the same site, the owner and operator of the existing facility shall allow another carrier to co-locatecollocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

V. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the zoning administrator or city engineer as applicable with a copy of any notice of such violation issued by any federal agency and shall notify the zoning administrator or city engineer as applicable once the facility comes back into compliance with applicable standards.

10.3.a
Packet Pg. 208 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 26 W. Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.

X. Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the zoning administrator or city engineer as applicable within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the city to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this chapter.

Article III. 6409(a) Modifications

18.67.210 Required findings.

The zoning administrator mayfor private and public property and the city engineer for facilities in the public right-of-way shall issue a zoning permit for a Section 6409(a) permitmodification only upon finding that the proposed Section 6409(a) modification:

A. Constitutes an eligible facilities request; and
A. Meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The Director, or their designee, shall make an express finding for each criterion;
B. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (iv), or any successor provisions; and BC. Would not result in a substantial change Will comply with all generally applicable laws.

18.67.220 Effect on existing use permit.

Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way shall be authorized to issue a zoning permit for a Section 6409(a) permitmodification, even if issuance of such a permit would have the effect of amending an existing use permit.

10.3.a
Packet Pg. 209 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 27 18.67.230 Conditions of approval for Section 6409(a) modifications.

Zoning permits for Section 6409(a) permitsmodifications are subject to the following conditions, unless modified by the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way:

A. No permit term extension. The city’s grant or grant by operation of law of a zoning permit for a Section 6409(a) permitmodification constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a zoning permit for a Section 6409(a) permitmodification will not extend the permit term for any conditional use permit, land use permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

B. No waiver of standing. The city’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.

C. Permit term. Any validly issued conditional use permit or land use permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.subject to conditions of underlying permit. Zoning permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.

D. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

E. Inspections – emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

F. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way upon permittee’s receipt of the zoning administrator’s or city engineer’s written request, except in an emergency determined by the city when all such contact information for responsibility parties shall be immediately provided to the zoning administrator or city engineer, as applicable, upon that person’s verbal request.

G. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF

10.3.a
Packet Pg. 210 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 28 exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.provide the zoning administrator or city engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.

H. Optional build-outBuild-out period. As a conditionThis permit shall lapse one year after its date of approval, the approval authority may establish a reasonable build-out period for the approved facility. unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The facility is constructed or modified as approved and in operation; or

4. The build-out period is extended by the city authority which originally approved the permit.

I. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

J. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

K. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.

L. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the citypublic right-of-way or on City-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:

1. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.

2. The contractor shall be responsible for keeping mud and other debris off the public rightof-way within and adjacent to the project.

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.

10.3.a
Packet Pg. 211 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 29 6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.

7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.

8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.

M. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the WTFfacility in conformance with federal, state, and local laws, rules, and regulations.

N. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

18.67.240 Effect of repeal of Section 6409(a).

The city council has adopted this article to comply with P.L. 112-96, Section 6409. This article shall become null and void if P.L. 112-96, Section 6409, is rescinded. In such event, any application that would have been subject to this Article III shall instead be subject to the requirements of Article II.

Article IV. Process

18.67.310 Timing of review.

The city shall strive to advise the applicant within 30 days of the filing of an application subject to this chapter if an application whether or not the application is completeis incomplete in accordance with applicable state and federal timelines for action.

18.67.320 Peer review.

In addition, the city engineer, zoning administrator and/or the hearing body considering the encroachment permit, zoning permit, architectural review permit, use permit, or Section 6409(a) permitrelevant permit issued pursuant to Chapter 18.67 may require the application, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant.

The cost of the third-party peer review shall be the responsibility of the applicant.

18.67.330 Decision.

A. Basis. The hearing body’s decisiondecisions shall be in writing. A denial must be supported by substantial evidence and:

1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and

2. Cannot prohibit or have the effect of prohibiting the provision of services; andviolate state or federal law.

3. Cannot unreasonably discriminate between providers (47 U.S.C. § 332(c)(7)(B)(i) and (iv)).

10.3.a
Packet Pg. 212 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 30 B. Timing of decision. The hearing bodycity shall strive to make its final decision on a complete wireless telecommunications facility application as follows:and issue all required ancillary permits within the applicable state and federal timelines for action.

1.C. Denial without prejudice. The denial of a zoning permit application for a Section 6409(a) permits. Within 60 days of submission of application, as such deadline may be tolledmodification shall be without prejudice.

2. All other permits. Within 90 days of submission of the application for a co-location; and within 150 days of submission of the application for other siting applications, unless a written waiver of these timelines is provided by the applicant.

18.67.340 Denial without prejudice due to failure to respond to notice(s) of incompleteness.

To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied without prejudice by the city engineer or zoning administrator when the applicant fails to tender a substantive response to the City within 120 calendar days after the city engineer or zoning administrator deems the application incomplete in a written notice to the applicant. The city engineer or zoning administrator, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 120th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control..

18.67.340 Compliance verification.

No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise and radio frequency emissions study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the zoning administrator within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the city to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article.

18.67.350 Indemnification and liability.

A. Agreement required. The applicant and the property owner shall enter into a standard maintenance, removal and indemnification agreement subject to review and approval of the city attorney before a building permit is issued for any wireless telecommunications facility.

B. Contents. The agreement shall bind the applicant, property owner and any successors in interest to properly maintain the exterior appearance of the facility and ultimately remove the facility. It shall further bind them to pay all costs for monitoring compliance with provisions of this section and to reimburse the city for all costs incurred to perform any work, if required, because the applicant has failed to perform. In the agreement, the applicant shall agree to indemnify and defend the city, at the applicant’s sole expense, for any action taken against the city as a result of issuing an entitlement under this section.

10.3.a
Packet Pg. 213 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 31 C. Recordation. This agreement shall be recorded at the Contra Costa County recorder’s office and shall run with the land to ensure that future property owner(s) are aware of these ongoing requirements.

18.67.360 Facility maintenance.

All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the permittee.

18.67.370 Discontinuance of use.

Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and community development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.

18.67.38018.67.350 Nonconforming facilities.

Any wireless telecommunications facility existing before the effective date of the ordinanceOrdinance 910 codified in this section which is nonconforming to the provisions of this section may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section, unless otherwise permitted by federal law.

18.67.39018.67.360 Revocation.

A. Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the WTFfacility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the city may schedule a public hearing before the planning commission to consider revocation of the permit. The planning commission revocation action may be appealed to the city council pursuant to PHMC Chapter 18.130.

B. If the permit is revoked pursuant to this section, the permittee shall remove its WTFfacility at its own expense and shall repair and restore the site to the condition that existed prior to the WTF’sfacility’s installation or as required by the city within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the WTF’sfacility’s removal and site restoration.

C. At any time after 90 days following permit revocation, the city may require the WTFfacility to be removed and restoration of the premises as the city deems appropriate. The city may, but shall not be required to, store the removed WTFfacility (or any part thereof). The WTFfacility

10.3.a
Packet Pg. 214 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 32 permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed WTFfacility, convert it to the city’s use, sell it, or dispose of it in any manner deemed appropriate by the city. (Ord. 910 § 5, 2017)

18.67.40018.67.370 Appeal.

A decision of the zoning administrator may be appealed to theor planning commission, and a decision of the planning commission on a use permit or minor use permit, as applicable, may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter

18.130. A decision of the city engineer concerning an encroachment permit for a wireless telecommunications facility may be appealed per PHMC Chapter 1.10, subject to the following modifications: (A) the time for filing a notice of appeal is shortened to five days; (B) the hearing shall be held within 21 days of the date the notice of appeal is filed; and (C) the decision of the city manager is final upon issuance and not appealable to city council. Decisions on zoning permit application for a Section 6409(a) modifications shall be final and not appealable.” Section 4. Section 18.85.010 “Purpose and applicability” of Chapter 18.85 “Zoning Permits” of Title 18 “Planning and Land Use” is amended to read as follows:
“A zoning permit is required before issuance of a building or grading permit, before a change in use of a property, issuance of a Section 6409(a) permit, or before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard, or for a Section 6409(a) modification as specified by Chapter 18.67. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter.”
Section 5. Section 18.95.020 “Approval authority” of Chapter 18.95 “Use Permits” of Title 18 “Planning and Land Use” is amended to read as follows:
“The planning commission has the authority to approve use permits, except that the zoning administrator has the authority to approve an application for a minor use permit or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district, or certain qualifying wireless telecommunications facilities as specified by Chapter 18.67. The zoning administrator, in his or her discretion, may refer a minor use permit application directly to the planning commission.”
Section 6. The definitions for “Antenna, building- or structure-mounted” “Antenna, ground-mounted” “Antenna, satellite” and “Antenna structure, monopole” of Section 18.140.010 “Definitions” of Chapter 18.140 “Definitions” of Part 6 “General Terms” of Title 18 “Planning and Land Use” are hereby deleted in their entirety and Section 18.140.010 shall be automatically adjusted alphabetically.

Section 7. This ordinance shall be effective 30 days after its adoption.

Section 8. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 2nd day of October.

10.3.a
Packet Pg. 215 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 33 ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of _________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
_________________________________________
JUANITA DAVALOS, Acting City Clerk

10.3.a
Packet Pg. 216 Attachment: Attachment A - Proposed Ordinance (strikeout - underline) (Wireless Telecommunications Ordinance Amendment) 1 ORDINANCE NO. __

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.

Section 2. 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.

10.3.b
Packet Pg. 217 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 2 “Article I. Purpose and Definitions

18.67.010 Purpose.

The purpose of this chapter is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards

18.67.020 Definitions.

In this chapter, the following definitions apply:

Antenna has the meaning set forth in PHMC § 18.140.010.

Base station has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:

4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

10.3.b
Packet Pg. 218 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 3 Collocation has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) Mounting or installing an antenna facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for Section 6409(a) modifications only, “collocation” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” .

Eligible support structure has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.”
Enclosure building, shed, or shelter means a building, shed, fence, or other enclosure used to house ground-mounted equipment or ground-mounted equipment cabinets associated with a wireless telecommunications facility.

Equipment cabinet means a cabinet used to house equipment associated with a wireless telecommunications facility.

Existing has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.” Federal Communications Commission (“FCC”) is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.

Height of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

10.3.b
Packet Pg. 219 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 4 Monopole means a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

Personal wireless services has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.” Public property is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality.

Public safety facilities means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operations.

Roof-mounted or building-mounted antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a pre-existing building, tank or similar structure other than a purpose built wireless tower.

Section 6409(a) modification has the same meaning as an “eligible facilities request” provided in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”
Site has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the section 6409(a) process.”
Small Wireless Facility has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:

10.3.b
Packet Pg. 220 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 5 (1) The facilities—
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under part 17 of this chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and (6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

Substantial change has the same meaning as provided in 47 C.F.R. § 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
“(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved

10.3.b
Packet Pg. 221 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 6 appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in §

1.6100(b)(7)(i) through (iv).”
Tower has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include Utility Poles.

Transmission equipment has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]- licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”

10.3.b
Packet Pg. 222 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 7 Utility pole means any structure designed to support electric, telephone, and similar utility lines.

A tower is not a utility pole.

Article II. General Regulations

18.67.110 Exemptions.

A. Over-the-air-reception-devices (OTARD) antennas.

1. Satellite Dishes 39.37 inches (one meter) or Less: Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

2. Non-Satellite Dishes 39.37 inches (one meter) or Less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.

3. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

10.3.b
Packet Pg. 223 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 8 C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;

4. The turning radius of any antenna does not exceed 26 feet; and

5. All antennas and antenna structures shall comply with PHMC § 18.67.150, and other applicable provisions of the municipal code.

E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.

F. Colocation facilities. A proposed colocation facility that meets all of the requirements of California Government Code section 65850.6.

G. Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the police chief or city manager, so long as the facility is removed at the conclusion of the emergency.

18.67.120 Permits required.

A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions).

A. Public right-of-way.

1. Encroachment permit. An encroachment permit shall be required for any facility located within the public right-of-way other than a Section 6409(a) modification. Applications for facilities within the public right-of-way are subject to review and approval by the city engineer. Approval of an encroachment permit for a facility shall only be granted by the city engineer if the facility is in substantial conformance with the applicable general development

10.3.b
Packet Pg. 224 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 9 standards in Section 18.67.150 and the “Guidelines for Wireless Communications Facilities” within the public right-of-way. Exceptions or deviations from the Guidelines may be granted at the discretion of the city engineer if the applicant demonstrates that the findings for approval of an exception/deviation (PHMC § 18.67.160) have been satisfied.

2. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification.

Applications for zoning permits for a Section 6409(a) modification within the public rightof-way are subject to review and approval by the city engineer.

3. License. A license entered into with the city shall be required for use of any city-owned property within the public right-of-way.

4. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit.

5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

6. Encroachment permit for construction. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.

B. Private property and public property (excluding public right-of-way).

1. Architectural review permit. An architectural review permit under PHMC Chapter 18.115 is required for the following facilities:
a. A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation.

2. Minor use permit. A minor use permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The zoning administrator or designee shall administratively review, process, conditionally approve or deny an application for a minor use permit in accordance with the procedures set forth in PHMC Chapter 18.95. No public hearing shall be required for a minor use permit required by this Chapter 18.67.

3. Zoning permit. A zoning permit shall be required for any Section 6409(a) modification.

No architectural review permit shall be required for a Section 6409(a) modification.

4. Use permit. A use permit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of:

10.3.b
Packet Pg. 225 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 10 a. An amateur radio antenna that does not meet the standards of PHMC § 18.67.110.C or which, when fully extended, exceeds 60 feet in height.
b. Any wireless telecommunications facility, monopole or any other antenna structure constructed by or for a personal wireless services provider, not covered by 18.67.120.A or B.2 or B.3.

5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.

5. Encroachment permit. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.

6. License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property.

18.67.130 Application submittal requirements.

18.67.140 Findings.

The hearing body or individual considering a zoning permit, an architectural review permit, a use permit, or a minor use permit may approve the permit only upon making the finding, in addition to the findings which may be otherwise required for the particular permit, that each applicable requirement in PHMC Chapter 18.67 has been satisfied, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant to Section 18.67.160 and the findings for granting an exception can be made.

18.67.150 General development standards.

A. General development standards. Each wireless telecommunications facility located on private property shall be designed, installed and operated in compliance with these development standards, unless specifically stated otherwise in this section. Wireless telecommunication facilities approved under a zoning permit for a Section 6409(a) modification shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3.a, 3.b, 6, 9, and 10 of this section. Wireless telecommunication facilities located in the public right-of-way and approved under an encroachment permit by the city engineer shall only be required to comply

10.3.b
Packet Pg. 226 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 11 with the development standards in subsections A.1.b, 2.h, 3.a, 3.b, 6, 9, and 10 of this section in addition to the requirements of PHMC § 18.67.120.A.

1. Location requirements.
a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. A wireless telecommunications facility may also be located in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the specific plan. b. Airport safety zones. A wireless telecommunications facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field or for any other airport or heliport, unless the airport operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan). c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. d. Visibility from public places. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.

The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs. The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.
e. Setbacks. A wireless telecommunications facility and any related ground-mounted equipment shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use.

2. Screening and design requirements.
a. Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.
b. Natural appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

10.3.b
Packet Pg. 227 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 12 c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.
d. Blending with architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office or retail zoning districts.
e. Specific plan areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties.

3. Noise standards. Each facility shall be operated in such a manner so as to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.

10.3.b
Packet Pg. 228 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 13 4. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located.

5. Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.

6. Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs on site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.

9. Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the zoning administrator or other applicable city decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.

10. Public health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density

10.3.b
Packet Pg. 229 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 14 for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

11. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed prior to the original deployment of the facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

18.67.160 Exceptions.

1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or

2. Otherwise violate applicable laws or regulations; or

3. Require a technically infeasible location, design or installation of a wireless facility.

4. Involve only minor non-compliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.

10.3.b
Packet Pg. 230 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 15 B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

18.67.170 Standard conditions of approval.

All permits issued in accordance with this Chapter 18.67, whether approved by the city engineer, zoning administrator and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The city engineer, zoning administrator and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter.:

A. Permit term. Any permit for a wireless facility issued in accordance with Chapter 18.67 will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

10.3.b
Packet Pg. 231 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 16 subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the city’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.

H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

J. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The facility is constructed or modified as approved and in operation; or

4. The build-out period is extended by the city authority which originally approved the permit.

K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

10.3.b
Packet Pg. 232 Attachment: Attachment B - Proposed Ordinance (clean) (Wireless Telecommunications Ordinance Amendment) 17 L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

M. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.

The permit shall require the applicant to comply with, but not be limited to, the following requirements: