Pleasanton City Council
April 16, 2024

2 WHEREAS, after a review of the materials presented, the City Council determined that the proposed Project’s Design Review application and Vesting Tentative Map are consistent with the City's General Plan and purposes of the Pleasanton Municipal Code, and adopts and reaffirms all of the considerations and findings set forth in Planning Commission Resolution for the 57 unit project plans dated received on September 5, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pleasanton, based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony:

Section 1. Finds that the Consistency Checklist for the 57-unit Project is in conformance with the analysis and conclusions of the Pleasanton General Plan 2005- 2025 FEIR and qualifies for an exemption from additional environmental review under CEQA Guidelines Section 15183 because the Project is consistent with the development density and land use characteristics established by the City as analyzed by the Pleasanton General Plan 2005-2025 (State Clearinghouse No. 2005122139).

Section 2.

Findings for P23-0177. The City Council finds that the project would conform to all applicable objective standards of the Pleasanton Municipal Code, Zoning Ordinance and other adopted standards, with the exception of items for which a concession or waivers have been requested by the applicant and granted in accordance with provisions of California Density Bonus law at Cal. Government Code §65915.

The City Council also finds that the Project was reviewed based on the nine criteria as required by Section 18.20.030 of the Pleasanton Municipal Code which includes the following, to the extent the above-noted objective standards of the PMC bear a relationship to these criteria:

1. Preservation of the natural beauty of the city and the Project site's relationship to it;

2. Appropriate relationship of the proposed buildings to the site, including transition with streetscape, public views of the buildings, and scale of buildings within its site and adjoining buildings;

3. Appropriate relationship of the proposed buildings and its site to adjoining areas, including compatibility of architectural styles, harmony in adjoining buildings, attractive landscape transitions, and consistency with neighborhood character;

4. Preservation of views enjoyed by residents, workers within the city, and passersby through the community;

5. Landscaping designed to enhance architectural features, strengthen vistas, provide shade, and conform to established streetscape;

Resolution No.

3 6. Relationship of exterior lighting to its surroundings and to the building and adjoining landscape;

7. Architectural style, as a function of its quality of design and relationship to its surroundings; the relationship of building components to one another/the building's colors and materials; and the design attention given to mechanical equipment or other utility hardware on roof, ground or buildings;

8. Integration of signs as part of the architectural concept; and

9. Architectural concept of miscellaneous structures, street furniture, public art in relationship to the site and landscape.

Findings for Vesting Tentative Map 8672
State law and the Zoning Ordinance of the Pleasanton Municipal Code (PMC) set forth the considerations to be addressed in reviewing a Vesting Tentative Map. The City Council makes the following findings that Vesting Tentative Map 8672 conforms to the purposes of the PMC:

1. The proposed vesting tentative subdivision map conforms to the zoning regulations/development plan.

The Vesting Tentative Map and improvements conform to the Design Review development plan and site development standards of P23-0177. The map and improvements, therefore, would conform to the underlying RM-1,500 zoning district.

2. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

As approved and conditioned in the Design Review development plan, the condominiums and apartments in the Project will comply with the City’s residential Green Building Ordinance, Climate Action Plan 2.0 and the State’s Title 24 Building Energy Efficiency Standards and would be required to incorporate a series of renewable energy design and energy efficiency features.

3. The proposed vesting tentative subdivision map, together with its design and improvement, is consistent with the Pleasanton General Plan.

P23-0177 is found to be consistent with the Pleasanton General Plan and Vesting Tentative Map 8672 was submitted based on the proposed development plan. The proposed subdivision and its improvements are compatible with the applicable objectives, policies, land uses, and programs specified in the General Plan.

4. The subdivision site is physically suitable for this type and density of development.

Resolution No.

4 The Property is not in a flood zone or earthquake fault zone and is relatively flat.

Project construction would involve minimal site grading and alteration of existing topography. Thus, the Project site is physically suitable for the proposed development.

5. The design of the subdivision and improvements covered by the proposed vesting tentative subdivision map will not cause substantial environmental damage and avoidably injure fish and/or wildlife or their habitat.

The CEQA Guidelines Section 15183 Consistency Checklist for the Project found no potential for significant environmental effects which are peculiar to the Project or the Property which were not analyzed with the Pleasanton General Plan 2005- 2025 EIR. P23-0177 includes conditions that are mitigation measures from the Pleasanton General Plan 2005-2025 EIR that require best management practices to be incorporated before and during construction to minimize impacts to groundwater and surface water quality.

6. The design of the proposed subdivision or type of improvements is not likely to cause serious public health problems.

The proposed subdivision meets all applicable City standards pertaining to public health, safety, and welfare (e.g., standards pertaining to public utilities and services, public road design and traffic safety, fire hazards and noise hazards).

All public safety measures are addressed through the design and conditions of approval for P23-0177 and the Vesting Tentative Map. The street design is satisfactory to the Livermore-Pleasanton Fire Department and City Traffic Engineer. The condominiums and apartments will be required to meet the requirements of the California Building Code, Fire Code, and other applicable City codes and/or requirements. The site is free from toxic or hazardous materials and no earthquake, landslide, flooding, or other natural hazards exist at this site.

7. The design of the subdivision or its related improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

The Vesting Tentative Map will maintain the existing City’s water pipeline easement located on-site. This Vesting Tentative Map provides for easements including a public access easement, public service easement and emergency

Resolution No.

5 access easement. The design of the subdivision and related improvements does not conflict with the proposed easements.

8. The restriction on approving a tentative subdivision map on land covered by a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act) is not applicable.

The site is not covered by any land conservation contract, including a Williamson Act contract.

9. The discharge of waste from the proposed subdivision would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board (RWQCB).

No discharge violation currently exists and sewer capacity is available for this subdivision. The Project would not discharge any waste other than domestic sewage and all sewage would be discharged into the city’s sanitary sewer system for ultimate treatment. Stormwater runoff would be collected and conveyed through bio-retention basins. Urban stormwater runoff is required to meet the City’s RWQCB permit requirements for urban development.

Findings Pursuant to Government Code Section 65863 (No Net Loss) The Project would include 48 above-moderate income units and 9 lower-income apartment units; in comparison, the inventory of sites included in the 6 th Cycle Housing Element projected that this site (listed as APN 941 090706200 in Table B-14) would provide up to 44 moderate income units. The Project would provide 9 more lower-income units, and 48 more above-moderate units than projected in the inventory, but 44 fewer moderate-income units. However, the inventory of sites provides a buffer of 56 units in excess of the City’s assigned 894-unit moderate income regional housing needs allocation (RHNA). As a result, the approval would not require re-zoning of additional sites to meet the moderate income RHNA.

Section 3. Approves Design Review Case No. P23-0177 and Vesting Tentative Map 8672, the applications of Catalyst Development Partners LLC to subdivide an approximately 2.99-acre site located at 3200 Hopyard Road into nine parcels for condominium purposes with 57 attached condominium units comprised of 48 townhome- style units ranging in size from approximately 1,692 to 2,738 square feet per unit, nine one-bedroom apartment units and 12 common area parcels, subject to the conditions shown in Exhibit A, attached hereto and made part of this case by reference.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.

Resolution No.

6 I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________________
Daniel Sodergren, City Attorney

EXHIBIT A

CONDITIONS OF APPROVAL
P23-0177, Tract 8672
3200 Hopyard Road
March 13, 2024
The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain compliance with the conditions of approval below. Where approval by the Director of Community Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and Safety Official, Fire Department or other City staff is required, review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted practices related to the approval. In addition to complying with the conditions below, the applicant is required to comply with all applicable federal, state, and local laws that pertain to this project whether or not specifically noted herein.

This approval is granted for a Design Review (P23-0177) and Vesting Tentative Map 8672 approval pursuant to SB 330 to: 1) demolish an existing church and daycare facility; 2) construct a housing development consisting of 57 attached condominium units in nine, three-story buildings (48 townhome-style units and nine apartment units), and related site improvements; and 3) Vesting Tentative Map located on Assessor Parcel No(s). 941-0907-062 at 3200 Hopyard Road.

Development shall be substantially as shown on the project materials listed below:
a. Project plans, Exhibit B, Vesting Tentative Tract Map 8672 by MacKay & Somps, Architectural Plans by WHA Architects, and Landscape plans by Ripley Design, dated “Received” on September 5, 2023, and Option 2 alternative project plans dated “Received” on March 11, 2023, and kept on file in the Planning Division of the Community Development Department.
b. ALTA/NSPS Land Title Survey by MacKay & Somps, dated September 16, 2022, and kept on file in the Planning Division of the Community Development Department. c. Lighting Plan - Photometric Analysis by Associated Lighting Representatives, dated October 6, 2023, and kept on file in the Planning Division of the Community Development Department.
d. Arborist Report prepared by Buena Vista Tree Service for Catalyst Development Partners LLC, dated May 2023, and kept on file in the Planning Division of the Community Development Department.
e. Traffic Technical Memorandum prepared by TJKM Transportation Consultants for Catalyst Development Partners LLC, dated January 2, 2024, and kept on file in the Planning Division of the Community Development Department.
f. Geotechnical Investigation Report by Cornerstone Earth Group for Catalyst Development Partners LLC, dated September 27, 2022 (revised August 30, 2023) (Project No. 1380-1-1), and kept on file in the Planning Division of the Community Development Department.

g. Phase I Environmental Site Assessment (ESA) by Cornerstone Earth Group for Catalyst Development Partners LLC, dated September 8, 2022, and kept on file in the Planning Division of the Community Development Department.
h. Air Quality Technical report by Ascent Environmental for Catalyst Development Partners LLC, dated August 23, 2023, and kept on file in the Planning Division of the Community Development Department.
i. Environmental Noise Study by Coffman Engineers for Catalyst Development Partners LLC, dated September 1, 2023, and kept on file in the Planning Division of the Community Development Department.
j. Biological Resources Analysis Memorandum by Monk & Associates Environmental Consultants for Catalyst Development Partners LLC, dated July 20, 2023, and kept on file in the Planning Division of the Community Development Department. k. Hydrology Analysis Technical Memorandum prepared by Akel Engineering Group, Inc. dated September 2023, and kept on file in the Planning Division of the Community Development Department.
l. LEED v4 Neighborhood Development Plan Project Checklist prepared by Mason Wodhams Architectural Corporation for Catalyst Development Partners LLC, dated April 18, 2023, and kept on file in the Planning Division of the Community Development Department.

The project materials listed above are collectively the “Approved Plans”.

THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance with the “Approved Plans”, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, building colors or materials, green building measures, landscape material, etc.

2. EXPIRATION – The design review approval shall lapse and shall be void 2 years following the effective date of approval of both the design review and vesting tentative map, unless: (1) a final map is approved before the vesting tentative map expires, and then the term of development rights shall be as set forth in Section 19.22.070 of the PMC; (2) prior to expiration a building permit is issued and construction is commenced and diligently pursued to completion; (3) the applicant has filed a request for: (a) design review approval extension pursuant to the provisions of Section 18.12.030 of the PMC, or (b) a vesting tentative map extension per Section

19.22.070.D.2, of the PMC. The vesting tentative map shall expire as provided in Section

19.22.070 of the PMC.

3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be incorporated as one of the first four plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits.

4. APPEAL PERIOD: The final map and building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period.

5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

PLANNING DIVISION – 925-931-5600
Site Development and Building Design

6. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.

7. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits.

8. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit/building in conformance with the Approved Plans in the building permit submittal. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.

9. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements.

10. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal in conformance with the Approved Plan. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.

11. BUILDING SURVEY: The applicant shall submit a building survey and/or record of survey and a site development plan in accordance with the provisions of Chapter 18.68 of the PMC. These plans shall be approved by the Chief Building Official prior to building permit issuance. The site development plan shall include all required information to design and construct site, grading, paving, drainage, and utilities.

12. PAD AND SETBACK CERTIFICATION: The applicant shall submit a pad elevation certification prepared by a California licensed land surveyor or registered civil engineer to the Chief Building Official and Director of Community Development certifying the pad elevations and building

locations (setbacks) are conforming to the approved plans, prior to receiving a foundation inspection for the structures.

13. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division.

The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.

14. FINAL INSPECTION: Final inspection of each building by the Planning Division is required prior to that building’s occupancy.

15. TRANSFORMERS: New electrical transformers shall be placed underground, or aboveground and screened from view to the satisfaction of the Director of Community Development. Details of the new electrical transformers, and any screening architecturally compatible with the building, shall be included in the building permit submittal and shall be subject to the review and approval of the Director of Engineering/City Engineer and Director of Community Development prior to building permit issuance.

16. MECHANICAL EQUIPMENT – SCREENING: The applicant shall effectively screen from view all ducts, meters, air conditioning equipment, and any other mechanical equipment, whether on the structure, on the ground, or on the roof, with materials architecturally compatible with the building in conformance with the Approved Plan and Objective Design Standards. Screening details shall be shown on the plans submitted for building permit. All required screening shall be installed prior to final occupancy.

17. RECYCLING AND COMPOSTING PROGRAMS: The project shall comply with the current City/Pleasanton Garbage Service recycling and composting programs and Pleasanton Municipal Code Chapter 9.23 Organics Reduction and Recycling.

Green Building and Sustainability Measures

18. ALL-ELECTRIC: This project is to have no new gas infrastructure installed. This shall be reflected in the plans submitted for Building Permits.

19. Climate Action Plan 2.0 Compliance: Prior to building permit issuance, a GHG Emission Compliance Checklist shall be provided to the Planning Division for review and approval by the Director of Community Development. The measures shall be shown on the building permit plans submitted to the Building and Safety Division. The Checklist shall include notation indicating the sheet(s) the measure can be found. Prior to building permit final, all of the measures indicated on the approved checklist shall be inspected and approved by the City of Pleasanton.

Construction Practices and Noticing

20. WORK HOURS: All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State or Federal Holidays or Sundays. The Director of Community Development may allow earlier “start times” or later “stop times” for specific construction activities, e.g., concrete pouring. All construction equipment shall meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling

devices. Prior to construction, the hours of construction shall be posted on site.

21. CONSTRUCTION PARKING: Campers, trailers, motor homes, or any other similar vehicle are not allowed on the construction site except when needed as sleeping quarters for a security guard subject to receipt of a temporary conditional use permit (per PMC 18.116.010.E).

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

23. CONSTRUCTION AND PARKING MANAGEMENT PLAN: The applicant shall prepare a construction and parking management plan to address impacts and parking demands during the construction phase of the project. The construction and parking management plan shall be subject to review and approval by the City Traffic Engineer and Director of Community Development prior to issuance of a demolition permit, or the first building permit, whichever comes first. The following items shall be incorporated into the construction and parking management plan:
a. Show truck route for construction and delivery trucks that does not include neighborhood residential streets, unless approved by the City Traffic Engineer; b. Show construction vehicles and equipment parking area, materials storage, temporary fencing, construction trailer location, and construction contractors/workers parking area. c. Sidewalk closure or narrowing is not allowed during on-site construction activities without prior approval by the City.

24. PORTABLE TOILETS: Portable toilets used during construction shall be kept on the project site and as far as possible from existing residences and shall be emptied to prevent odor.

25. EXCESS SOIL AND SOIL STOCKPILING: All excess soil from the site shall be off-hauled from the site and disposed of in a lawful manner. No temporary stockpiling of dirt on this site shall occur unless approved with the grading plans or without specific review and approval by the Director of Community Development.

26. NOTICE OF CONSTRUCTION: Prior to construction, the applicant shall notify neighbors within 300-feet of the project site of the construction schedule in writing. Such notice shall include contact names and numbers for property owner, agent or contractor.

27. DISTURBANCE COORDINATOR: The applicant shall designate a “disturbance coordinator” who shall be responsible for responding to any complaints regarding construction noise, dust, construction parking, etc. The coordinator (who may be an employee of the general contractor) shall determine the cause of the complaint and shall require the implementation of reasonable measures warranted to correct the problem. A telephone number of the disturbance coordinator shall be posted on the construction site fence and on the notification sent to neighbors adjacent to the site. The sign shall also list an emergency after-hours contact number for the disturbance coordinator, or designee.

28. CULTURAL RESOURCES: In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Section 5097.98.

These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains.

Fees

29. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the SB 330 Preliminary application was submitted, October 14, 2022, subject to applicable existing inflation adjustments.

30. WATER FEES AND WATER METER CONNECTION FEES: The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters and irrigation meters, if applicable, prior to building permit issuance

31. SEWER FEES: The applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer connection fees prior to building permit issuance.

32. SCHOOLIMPACT FEES – RESIDENTIAL NEW CONSTRUCTION: Applicant shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project’s long term effect on school facility needs in Pleasanton. This program shall be designed to fund school facilities necessary to offset this project’s reasonably related effect on the long-term need for expanded school facilities. The method and manner for the provision of these funds and/or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by applicant to the City, on a form generated by the PUSD, prior to building permit issuance.

Environmental

33. Project shall incorporate sound-rated windows, ventilation systems, noise barriers, etc., necessary to ensure that both indoor and outdoor noise levels at the proposed project comply with the standards established in the Pleasanton General Plan.

34. Project shall implement signage and striping efforts to restrict the proposed eastern driveway along South Valley Trails Drive to exclude left-in movements. Project Specific Condition

35. Prior to the issuance of a grading or building permit, the project applicant shall submit an air quality construction plan that includes BAAQMD basic Best Management Practices. • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
• Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

Project Specific Condition
Other

36. The Homeowners Association shall include restrictions in the CC&R’s on smoking at the site in conformance with Pleasanton Municipal Code Chapter 9.27 Restrictions On Smoking At Condominiums, Townhomes And Buildings With Three Or More Attached Units.

HOUSING DIVISION – 925-931-5007

37. AFFORDABLE HOUSING AGREEMENT: The applicant shall execute a City Council-approved Affordable Housing Agreement which sets forth the methodology for the applicant’s compliance with Pleasanton Municipal Code Chapter 17.44 requirements and which agreement shall be recorded prior to or concurrently with the final map. Project Specific Condition BUILDING AND SAFETY DIVISION – 925-931-5300

38. PHASED OCCUPANCY: If building occupancy is proposed to be phased, the applicant shall submit a phasing plan to the Chief Building and Safety Official for review and approval.

39. DIGITAL PLAN SUBMITTAL REQUIREMENT – COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND CONDOMINIUM PROJECTS: The applicant shall submit site plan and building information to the City’s Geographic Information Services (GIS) Division in a digital format prior to issuance of the building permit. All changes or revisions to the approved plans during construction which affect the digital submittal, shall be resubmitted for GIS review no later than one month prior to scheduling a final inspection. The updated digital submittal will be checked and approved before the building permit will be finalized and certificate of occupancy granted (if applicable). For phased project, the digital submittal must be approved prior to the first occupancy of any phase. The information will be used for public safety and emergency response planning by the Police and Fire Departments. Refer to the “Digital Plan Submittal Requirements” for necessary data and file formatting requirements.

TRAFFIC ENGINEERING DIVISION – 925-931-5677

40. TRAFFIC CONTROL Plan (TCP): A comprehensive traffic control plan shall be submitted to the City Traffic Engineer for review and approval. Best management practices to minimize traffic impacts shall be used during construction, including scheduling of major truck trips and deliveries, to avoid peak travel hours. The TCP shall have proper lane closure procedures such as flagger stations, signage, cones, and other warning devices implemented during

construction. The TCP shall also include time of day/hours of lane closures and total number of days

41. TRUCK ROUTES: The haul route for all materials to and from the project site shall be reviewed and approved by the City Traffic Engineer prior to building permit issuance and shall include the provision to monitor the street surfaces used for the haul route so that any damage and debris attributable to the haul trucks is identified and corrected at the expense of the applicant.

42. TRAFFIC SIGNAGE AND STRIPING – ON SITE: All on site traffic related signage and striping shall be included in the building permits plans for review and approval by the City Traffic Engineer prior to building permit issuance.

43. TRAFFIC SIGNAGE AND STRIPING – OFF SITE: All off site traffic related signage and striping shall be included in the improvement plans for review and approval by the City Traffic Engineer prior to permit issuance.

44.TRAFFIC IMPACT FEES: The applicant shall pay any traffic impact fees for the development as determined by the City Traffic Engineer. The fee shall be paid prior to building permit issuance.

LANDSCAPE ARCHITECTURE DIVISION – 925-931-5672
Landscaping

45. LANDSCAPING: Detailed landscape and irrigation plans encompassing all planting areas, both on-site and off-site, shall be included in the building permit plans. All plans shall be prepared by a licensed landscape architect and shall provide the species, location, size, quantities, and spacing of all plants. Minimum plant sizes are 1-gallon containers for ground cover, 5-gallon containers for shrubs, and 15-gallon containers for trees. Plant species shall be of a drought- tolerant nature and the irrigation design shall utilize low-volume drip, bubbler, or other water conserving irrigation systems to the maximum extent possible. The drawings shall be subject to the review and approval of the City Landscape Architect prior to building permit issuance.

46. WATER EFFICIENT LANDSCAPE ORDINANCE (WELO): The project shall comply with the City of Pleasanton’s Water Efficient Landscape Ordinance (WELO) and Bay Friendly Basics Landscape Checklist. The applicant shall submit a Landscape Documentation Package in PDF format to the Landscape Architecture Division, which shall be subject to review and approval by the City Landscape Architect prior to building permit issuance. The Landscape Documentation Package shall include:
a. Project Information;
b. Water Efficient Landscape Worksheet;
c. Soil management report;
d. Landscape design plan;
e. Irrigation design plan; and
f. Grading design plan.

47. CERTIFICATE OF COMPLETION: Upon completion of construction and prior to final inspection by the Building and Safety Division, the applicant’s landscape architect shall submit a Certificate of Completion Package in PDF format to the Landscape Architecture Division for review and approval. The Certificate of Completion Package shall include:

a. Project information sheet;
b. Certificate of installation according to the landscape documentation package; c. Irrigation scheduling;
d. Schedule of irrigation, landscape and irrigation maintenance; e. Landscape irrigation audit report; and
f. Soil management report (if not previously submitted).

48. LANDSCAPING INSTALLATION: Prior to building permit final all landscaping shall be installed as shown on the approved building permit set and shall be inspected and approved by the Landscape Architecture Division.

49. CONCRETE CURBS: 6-inch vertical concrete curbs, with curb cuts or flush curbs with wheel stops, if determined to be acceptable by the Director of Engineering/City Engineer and Director of Community Development, shall be installed between all paved and landscape areas, in conformance with the City’s Standard Specifications and Details.

50. EROSION CONTROL: For purposes of erosion control, the applicant shall plant a hydro seed mixture designed by the applicant’s landscape architect and approved by the Landscape Architecture Division prior to installation. The erosion control shall be maintained by the applicant until permanent landscaping is in place.

51. BACKFLOW AND IRRIGATION METER SCREENING: All backflow prevention devices and above ground irrigation controls shall be located and screened to minimize their visual impacts.

These devices with their proposed screening shall be shown on the landscaping and utility plans submitted with the building permit plans or improvement plans and shall be subject to the review and approval of the City Landscape Architect prior to their installation. If above-ground, they shall be painted forest green or an equivalent dark-green color. Screens shall consist of berms, walls, or landscaping satisfactorily integrated into the landscape plan. Landscape screens shall include shrubbery designed by species and planting density to establish a complete screen within 1 year from the date of planting. Weather protection devices, such as measures to protect pipes from freezing, shall require approval by the City Landscape Architect prior to use; at no time shall fabric or other material not designed and/or intended for this purpose be wrapped around or otherwise placed on these devices. Project Specific Condition

52. MAINTENANCE: The applicant and all future owners of the property shall, at no expense to the City, maintain all the landscaped areas related to the project in a healthful, attractive and reasonably weed-free manner consistent with the approved landscape plan, for the duration of the existence of the project.

53. SITE LIGHTING: All site lighting shall be designed for consistency with the International Dark- Sky Association’s (IDA) Model Lighting Ordinance. This project site shall be considered to be in an LZ-2 zone for design purposes. Lighting shall be subject to review and approval by the City Landscape Architect prior to building permit issuance. Project Specific Condition

54. ROAD FRONTAGE LANDSCAPE: The applicant shall provide planting, including street trees, and irrigation and shall be responsible for maintaining the landscape area along the project frontage on Hopyard Road and South Valley Trails Drive. Improvements shall require approval by the City Landscape Architect.

Trails

55. PLEASANTON CANAL TRAIL: The development shall include an ADA accessible connection to the Pleasanton Canal Trail and shall remove and replace the existing gate for the trail adjacent to Hopyard to provide a new pedestrian friendly gate/access per City of Pleasanton and Zone 7 requirements. Project Specific Condition
Trees

56. TREE REPORT: The applicant shall comply with the recommendations of the tree report prepared by Carol Randisi with Buena Vista Tree Service, dated May 2023. No tree trimming or pruning other than that specified in the tree report shall occur. The applicant shall arrange for the Project Arborist to conduct a field inspection prior to building permit issuance to ensure all recommendations have been properly implemented. The Project Arborist shall certify in writing all recommendations have been followed. Project Specific Condition

57. TREE REMOVAL MITIGATION: Any trees approved to be removed by the City shall have its full value paid into the City’s Urban Forestry Fund. A credit for replanting trees shall be as follows:
a. $250 credit for a 15-gallon size replacement tree;
b. $500 credit for a 24-inch box size replacement tree; and c. $1,000 credit for a 36-inch box size replacement tree.

Project Specific Condition

58. TREE BOND: Any tree affected by development/construction must be protected per the Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as deemed by the City Landscape Architect. This bond or security will be for the value of the tree(s), up to a maximum of $100,000, and shall be held for a minimum of 1 year following acceptance of public improvements or completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, trimming, setting up tree protection, etc.). The bond or security may be released early with a certification letter by the arborist confirming he/she was present during said tree work and work was performed in accordance with the arborist’s recommendations.

59. TREE DISPOSITION PLAN: Provide a tree disposition plan that shows trees to remain, trees to be removed, the value of each tree, the total value of the trees to remain and be protected, and the total value of trees to be removed. The plan shall also include the tree protection recommendations from the arborist report. Project Specific Condition

60. ROOT CUTTING: The applicant shall comply with the following tree root cutting requirements:
a. Roots1-inch in diameter or larger to be removed shall be cleanly cut with a hand saw.

Roots smaller than 1-inch in diameter are not considered to be significant and may be removed by the most efficient means.

b. Roots larger than 2-inches in diameter and within 8-feet of the tree trunk shall not be cut or ground unless prior approval has been received from the Landscape Architecture Division.
c. Roots of any diameter farther than 8-feet from the tree trunk, which are in conflict with the proposed work may be ground a maximum of one-half of their diameter. Work of this nature shall only be performed using a mechanical stump grinder and only by personnel familiar with its operation.
d. Roots up to 6-inches in diameter and farther than 8-feet from the tree trunk may be removed if they are in conflict with the proposed work. Roots that are removed shall be cleanly cut using a hand saw.

61. ROOT CONTROL BARRIER: The applicant shall provide root control barriers and 4-inch perforated pipe for all trees located within 8-feet of pavement or other hardscape, determined by the City Landscape Architect. Root barriers shall be located along the edge of the pavement wherever the tree is within 8-feet of pavement or hardscape. Information and details shall be included in the landscape plan submittal for review and approval by the Landscape Architecture Division.

62. TREE PRUNING: Pruning shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.

63. TREE PROTECTION FENCING: Prior to issuance of a grading or building permit, the applicant shall install temporary 6-foot-tall chain-link fencing (or other fence type acceptable to the Landscape Architecture Division) outside of the existing tree drip lines. The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a “stop work order.”

64. PROJECT PLANS: The following statements shall be printed on the demolition, grading and landscape plans where applicable to the satisfaction of the City Landscape Architect prior to issuance of building permits:
a. No existing tree may be trimmed or pruned without prior approval by the City Landscape Architect.
b. Utilize best efforts to locate any new utility trenches outside of the existing canopy of the trees to be saved. If this is not feasible, the applicant shall submit a report from a certified arborist acceptable to the City indicating trenching will not be detrimental to the health of the tree.
c. Nothing may be stored within the dripline of the tree canopies. This includes equipment, oil, gas, chemicals, harmful materials, fill or storage. d. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline.
e. No sign, wires, or ropes shall be attached to the trees. f. No stockpiling/storage of construction materials, fill, etc., shall take place underneath or within 5-feet of the dripline of the existing trees.

g. No equipment or temporary structures shall be placed within or beneath the dripline of the existing trees.

Failure to comply with these requirements may result in a “stop work order”.

FIRE DEPARTMENT – 925-454-2361

The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.

65. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.

66. FIRE CODE: All construction shall conform to the requirements of the 2022 Pleasanton Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.

67. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter

33. 68. FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2022 Pleasanton Building, Fire and Residential Codes with local amendments and ordinances.

69. FIRE PROTECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.

70. WATER FLOW AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection. Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.

71. ELECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections. The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.

72. LISTED: All commercial, industrial, and multi-family residential occupancies shall have valve tamper and water flow connected to a listed Central Station Service in accordance with NFPA

72. Fire Department plan check includes specifications, monitoring, installation, and alarm company certificates. Fire alarm control panel and remote annunciation shall be at location(s) approved by the Fire Prevention Bureau. All systems shall be point identified by individual device and annunciated by device type and point.

73. HAZARDOUS MATERIALS: Should any operation or business activity involve the use, storage or handling of hazardous materials, the firm shall be responsible for contacting the Livermore-

Pleasanton Fire Department prior to commencing operations. Please contact the Hazardous Materials Coordinator at 925/454-2361.

74. FIRE LANE MARKING: On-site access ways, turn arounds, and internal drives shall be designated as fire lanes and identified as such by red curb striping and posted with signs at locations approve by the Fire Department. Signs shall be according to State standards and read “No Parking – Fire Lane” and must be shown on the plans. The red curb striping, sign location(s), and sign language shall be included in the building permit submittal for review and approval by the Livermore-Pleasanton Fire Department prior to building permit issuance. a. The following schedule for NO PARKING signs shall apply:

Width Requirements 36 feet or greater No requirements Between 28 and 36 feet Post one side
Between 20 and 28 feet Post both sides
Less than 20 feet Not permitted Cul-de-Sac Not permitted

75. EMERGENCY VEHICLE ACCESS ROADS: Access roads shall have 13 feet, 6 inches unobstructed vertical clearance, 20 feet of unobstructed width (26 feet where occupied building floors exceed 30 feet height), and inside turning radius of 31 feet and outside turning radius of 51 feet. Unobstructed shall mean a clear travel way, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds under all weather conditions. Unobstructed width shall not include the width of rolled curbs, sidewalks, or non-drivable surfaces. All exterior portions of buildings must be within 200 feet of an access road. Yard and parking area may be able to be located farther than 200 feet from access roads, depending on the specific use.

76. FIRE VEHICLE TURNAROUNDS: Where Fire Department vehicle access through or around a site involves changes in direction or curves, inside radius of 45 feet and outside radius of 55 feet shall be provided to facilitate fire truck turning radius for entry and exit from the site. Dead-end access ways and internal drives shall not exceed 300 feet in length and shall terminate in cul- de-sacs no less than 96 feet in diameter or hammer-head (tee). Standards and options are available through the Livermore-Pleasanton Fire Department, Fire Prevention Bureau.

77. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1- inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the Livermore-Pleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.

78. RESIDENTIAL – NEW CONSTRUCTION: The following items shall be provided prior to any construction above the foundation or slab.
a. Emergency vehicle access shall be provided to the site (tract), including areas where construction is occurring.
b. Designated construction material storage and construction worker parking shall not obstruct the emergency vehicle access route(s).

c. On-site fire hydrants shall be in service. Fire hydrants shall be flushed and all valves open.

79. FINAL INSPECTION: Prior to request for final inspection, all access roads, on-site access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.

ENGINEERING DIVISION - 925-931-5650
Project Specific Conditions of Approval:

80. WATER NETWORK ANALYSIS. Capacity in the City’s potable water network to serve the subject development has been verified by the City’s consultant, Akel Engineering Group according to their final Technical Memorandum dated September 2023. The memo discloses expected potable water pressure and flow at various points within the proposed network. This data shall be used to design/size the fire protection systems and domestic services for each building.

81. ASBESTOS & LEAD. Section 10.6 of the Phase 1 Environmental Site Assessment by Cornerstone Earth Group states, “…Due to the age of the on-Site structures, building materials may contain asbestos...” and Section 10.7 states “…Based on the age of the existing buildings, lead-containing paint may be present...” As such, the applicant shall submit an asbestos and lead survey and follow required abatement as necessary prior to issuance of Building Permit for demolition of the existing building.

82. POLYCHLORINATED BIPHENYLS (PCBs). Provision C.12.f and .g of the Municipal Regional Stormwater Permit (MRP) that governs stormwater discharges within Alameda County requires PCB-containing building materials to be properly managed during demolition. To determine whether special assessment, removal, and disposal practices are warranted for the subject development, the applicant shall complete and submit a “PCBs Screening Assessment Form” available from the City prior to Building Permit issuance. Completion of form may reveal that sampling and analysis of building materials are required together with reporting to the San Francisco Bay Regional Water Quality Control Board and/or U.S. Environmental Protection Agency. The form requires the applicant to certify compliance with all applicable laws and regulations.

83. GEOTECHNICAL ISSUES. Referring to the Cornerstone Earth Group Geotechnical Investigation, the following recommendation shall be addressed on the Building Permit plans:
a. Section 5.1.4 “Soil Corrosion Potential” and Appendix C of the Cornerstone Earth Group Geotechnical Investigation, discuss soil corrosivity. Two recommendations are offered.

First, elevated levels of water-soluble chlorides in the soils require use of a concrete mix design appropriate for elevated chloride exposure. Second, on-site soils are considered corrosive for buried metallic structures such as metal utilities, so coating systems and cathodic protection are recommended as well as isolation of these utilities from above grade structures.
b. Section 6.6 discusses “Wet Soil Stabilization Guidelines” due to soils that become unstable with high moisture content. Three alternative methods of addressing this issue are offered including scarification and drying, removal and replacement, and chemical treatment. The plans must include one (or more) of these stabilization methods.

c. Section 10.4 discusses “Pavement Cutoff” to mitigate surface water penetration into native expansive clay soils which could significantly reduce pavement life. Several alternatives are recommended, all of which must be keyed into pavement subgrade soils at least 4”.

One or more of these alternatives shall be incorporated into the pavement design.

84. POTABLE WATER SERVICE. The City purchases potable water wholesale from Zone 7 Water Agency. Fees are due to both the City of Pleasanton and Zone 7 for new connections to the City’s pipe network. Said fee amounts appear in the City’s adopted Master Fee Schedule. For more information about water usage in Pleasanton, refer to Pleasanton Municipal Code Title 14.

This property is currently served by an existing 5/8-inch-diameter water meter (Account #3378- 14000-001, Meter #55550473). If this meter will not be utilized as part of the proposed development, the applicant shall contact the City’s Utility Billing Division at 925-931-5500 or [email protected] to initiate the meter removal process. Removal of said meter will be performed by City staff. Any outstanding water consumption charges must be paid in full prior to the meter removal as well as all fees associated with the disconnection. Fee credits will be offered for the removed meter when new water services are requested.

85. RECYCLED WATER. The City operates a recycled water network for landscape irrigation according to Pleasanton Municipal Code Chapter 14.20. The subject property resides within the recycled water use area and must therefore utilize said water for irrigation purposes upon development. The network extends along the Hopyard Road frontage of the property.

Connection fees are shown in the City’s adopted Master Fee Schedule.

Standard Conditions of Approval

86. CONDITIONS OF APPROVAL: These Conditions of Approval shall be depicted on a plan sheet(s) in the submitted plans for construction. (Address this condition prior to plan approval)

87. ENGINEERING DIVISION FEES FOR SERVICE: The Engineering Division assesses fees for services including plan-check, permit issuance, and inspection according to the City’s adopted Master Fee Schedule. These fees are separate and distinct from fees assessed by the Community Development Department (including Planning and Building Division fees). The applicant is responsible for payment of all Engineering Division fees prior to services rendered or permit issuance, whichever is first. (Address this condition prior to plan approval)

88. DESIGN PER CITY STANDARDS: All public improvements shall be designed in conformance with the City of Pleasanton Municipal Code and the City’s adopted Standard Specifications and Details in effect at the time of issuance of the permit(s). Said standards are available for download at:
http://www.cityofpleasantonca.gov/gov/depts/engineering/standard.asp (Address this condition prior to plan approval)

89. CLEAN WATER PROGRAM (HYDROMODIFICATION PROJECTS): Because the project creates and/or replaces more than 43,560 square feet (1.00 acres) of impervious surface, increases impervious surface over pre-project conditions, and is located in a susceptible area, it is considered a Hydromodification (HM) Project according to Provision C.3.g of the Municipal Regional Stormwater NPDES Permit that regulates stormwater runoff in Alameda County. The

Alameda Countywide Clean Water Program developed a C.3 Guidance Manual to assist applicants in addressing these regulations. The Guidance Manual is available for download at:
https://www.cleanwaterprogram.org/businesses/development.html HM projects must include stormwater treatment measures in the site design to cause no increase in the erosion potential of the receiving stream over the pre-project (existing) condition.

To demonstrate compliance, the City encourages use of the Bay Area Hydraulic Model (BAHM).

The model software can be downloaded at no cost from Clear Creek Solutions. In addition, HM projects must be subject to a Stormwater Treatment Measure Maintenance Agreement between the City and property owner to assure long-term maintenance of the installed measures. The City will provide a template agreement. Once executed, the agreement must be recorded against the property. (Address this condition prior to plan approval)

90. GEOTECHNICAL RECOMMENDATIONS: Recommendations from the project’s geotechnical investigation, as prepared by a California-licensed Geotechnical Engineer or Certified Engineering Geologist, shall be incorporated into the design of the improvements and/or explicitly noted on the plans. The author(s) of the geotechnical investigation shall certify on the plans that the design complies with their recommendations. During construction, the applicant must follow all recommendations. (Address this condition prior to plan approval)

91. SUBDIVISION MAPS: The subdivision of land is governed by Pleasanton Municipal Code Title 19, as well as the California Government Code §§66410-66499.85 (Subdivision Map Act). All maps are subject to review and approval by the City Engineer. Recordation of the subdivision map shall be coordinated by the applicant’s title company, with one full-sized mylar copy of the recorded map returned to the City.

The following statement shall be included on the cover sheet of the map: “I, Adam Nelkie, P.E., City Engineer of the City of Pleasanton, County of Alameda, State of California, do hereby state that I have examined the herein embodied map entitled “[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet 1 thereof and that the [PARCEL OR TRACT] map was presented to me as provided by local ordinance. This map conforms with the requirements of the Subdivision Map Act and of any local ordinances applicable at the time of approval of the tentative map, and the subdivision as shown is substantially the same as it appeared on the tentative map, if any, and any approved alterations thereof. The name of the subdivider is as shown on the statement of owner upon this sheet.” For parcel maps, add the following: “The dedications and/or easements shown as [LIST] upon said map thereon offered for dedication are hereby accepted for the purpose for which offered.” Adam Nelkie, P.E., Registration No. 78830, City Engineer, City of Pleasanton, County of Alameda, State of California [SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to map approval)

92. CITY CLERK’S STATEMENT: For final maps, the following statement shall be included on the cover sheet of the map: “I, Jocelyn Kwong, City Clerk and Clerk of the Council of the City of Pleasanton, County of Alameda, State of California, do hereby state that this final map entitled ““[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet [NUMBER] thereof, was presented to said Council of the City of Pleasanton, as provided

by law at a regular meeting held on the [DAY] day of [MONTH], [YEAR] and that said Council of the City of Pleasanton did thereupon by motion duly passed and adopted at said meeting, approved said map and accepted on behalf of the public all parcels of land and easements as offered for dedication to the City of Pleasanton for public use in conformity with the terms of the offer of dedication. The names of the subdividers are as shown on the Owner’s Statement upon Sheet 1. In witness whereof, I have hereunto set my hand this [DAY] day of [MONTH], [YEAR].

Jocelyn Kwong, City Clerk, City of Pleasanton, Alameda County, State of California [SIGNATURE LINE]”. (Address this condition prior to map approval)

93. SUBDIVISION IMPROVEMENT AGREEMENT: Public improvements required as part of the subdivision must be either completed to the satisfaction of the City Engineer prior to map approval, or guaranteed by a Subdivision Agreement. The agreement requires the applicant to post financial security in the form of either a cash deposit, letter of credit, or surety bonds in amounts equivalent to the value of the public improvements. If surety bonds are utilized, the form of the bond language shall be consistent with California Government Code §66499.1 for faithful performance and §66499.2 for labor and materials. The amounts of the bonds shall be 100% of the total estimated value of the public improvements consistent with §66499.3. In addition, the City requires a warranty bond (often referred to as a maintenance bond) for 10% of the estimated value. The warranty bond shall be active for one-year following formal acceptance of the improvements. All submitted securities are subject to review and approval by the City Attorney. In addition, final maps and the associated Subdivision Agreement are subject to approval by the City Council. (Address this condition prior to map approval)

94. CITY SURVEYOR: The City utilizes the services of an outside consultant to certify the technical accuracy of subdivision maps as City Land Surveyor pursuant to California Government Code §66451.1. In order to provide this service, the consultant will submit a proposal to the City for the estimated cost of the work. The estimate will be presented to the applicant together with the City’s administrative markup according to the City’s adopted Master Fee Schedule. Review of the subdivision map cannot commence until the applicant has submitted payment to the City for these costs. If the ultimate fee at the conclusion of the work is less than this payment, the applicant will be refunded the difference. If the ultimate fee is more than this payment, then the applicant shall submit payment for the difference before the consultant certifies the map.

The following statement shall be included on the cover sheet of the map: “I, [NAME PROVIDED BY CITY], P.L.S, Acting City Surveyor for the City of Pleasanton, Alameda County, California, do hereby state that I have examined this map entitled “[MAP NAME/NUMBER]”, and I am satisfied that said map is technically correct. [SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to map approval)

95. DEDICATIONS TO THE CITY: Dedications to the City shall conform to the following standards whether dedicated on a subdivision map or by recorded separate instrument:
a. Right-of-way dedications for roadways or similar access shall be offered irrevocably to the City pursuant to California Government Code Section 7050. Right-of-way is defined in Pleasanton Municipal Code §13.04.010.
b. Public Service Easements (PSE) shall be granted to the City in accordance with Pleasanton Municipal Code §19.24.190 and 19.36.110. PSEs shall be offered as an easement for public purposes including but not limited to installation, construction,

access, and maintenance of all public services facilities above and below the ground surface including poles, wires, conduits, vaults, cabinets, retaining walls, sanitary sewers, storm drains, gas lines, and water lines as well as all those public utilities and appurtenances thereto as subject to regulation under Pleasanton Municipal Code Chapter 13.04. Consistent with California Government Code Section 66439(d)(3), the offer shall include the statement, “The real property described below is dedicated as an easement for public purposes…”
(Address this condition prior to recordation of map or separate instrument title documents granting rights to the City)

96. DATUM FOR VERTICAL CONTROL: Vertical control surveying for all improvements to be constructed shall be based on the North American Vertical Datum of 1988 (NAVD 88). Any benchmarks used that relied on the National Geodetic Vertical Datum of 1929 (NGVD 29) shall be converted to NAVD 88 when presented on plans. The location of the benchmark and source of data must also be disclosed on the plans. (Address this condition prior to plan approval)

97. SURVEY MONUMENTS FOR HORIZONTAL CONTROL: Final maps shall include sufficient durable survey monuments to allow the subdivision to be retraced in conformance with Pleasanton Municipal Code §19.24.220. Setting of monuments shall be in accordance with California Government Code §66495-66498. The surveyor shall give notice to the City Engineer when final monuments have been set, and when payment for said work has been received from the subdivider. (Address this condition prior to acceptance of improvements)

98. STORMWATER HYDRAULICS: The City’s storm drainage network has been designed in accordance with the Alameda County Hydrology and Hydraulics Manual published by the Alameda County Flood Control & Water Conservation District. Said manual is available for download at:
https://acfloodcontrol.org/the-work-we-do/the-work-we-do-hydrology-manual/ The City is located in Zone 7, and its storm drain pipe network is considered a secondary facility. Any connections to, additions, or upgrades to the City’s pipe network shall be designed in accordance with the manual. Calculations submitted for review/approval shall be presented in a format consistent with the “Calculation Form – District Rational Method” available in the manual. The calculations shall demonstrate adequate freeboard given the design storm event assuming all bioretention areas are overflowing. Said calculations shall be prepared, stamped, and signed by a California-licensed civil engineer. (Address this condition prior to plan approval)

99. EMERGENCY OVERLAND STORMWATER FLOW/SUMP PROPERTIES: All properties shall be designed with an emergency overland flow path to direct storm runoff to the nearest public street or open flood control facility in the event on-site pipes become plugged. The flow path shall be lower than the finish floor elevation of all habitable structures. The flow path cannot rely on neighboring properties unless a storm drain easement across the neighbor is obtained.

Sump properties must be designed to discharge the 50-year recurrence interval storm event through the pipe network before habitable structures become inundated. (Address this condition prior to plan approval)

100.POTABLE WATER SYSTEM DESIGN STANDARDS: All permanent connections to the City’s potable water network shall conform to Pleasanton Municipal Code §14.04.050. Any required water pressure and/or flow needed by the applicant beyond that available from the network at the point-of-connection must be provided by the applicant as a private improvement on the customer side of the meter or backflow prevention device. All extensions or upgrades to the potable water network shall be designed to satisfy the following minimum standards:
a. Minimum number of valves:
i. 3 at cross intersections
ii. 2 at “T” intersections
iii. 500 feet maximum spacing
iv. 1 valve at each fire hydrant lateral
v. Pressure regulating valve station required between pressure zones b. Minimum number of fire hydrants (subject to approval by Livermore-Pleasanton Fire Department (LPFD) Fire Marshal:
i. 1 hydrant within 250 feet of any existing or proposed structure ii. 2 hydrants within 500 feet of any commercial, multi-family residential, industrial, or school building
c. Minimum pipe size: 8-inch diameter
d. Minimum depth of cover over pipe: 42 inches
e. Blowoff requirements:
i. At all dead ends whether temporary or permanent
ii. At all low points in the line
f. Maximum flow velocity: 10 feet per second (fps)
g. Minimum fire flows in gallons per minute (gpm):
i. 1,500 gpm for 2 hours (rural residential)
ii. 2,000 to 2,500 gpm for 2 hours (single family residential) iii. 2,500 gpm for 2 hours (multi-family residential)
iv. 2,500 gpm for 2 hours (social/recreation)
v. 3,500 gpm for 2 hours (schools/commercial/public/institutional) vi. 4,000 gpm for 4 hours (industrial in the lower pressure zone only) vii. 5,000 gpm for 4 hours (industrial in all other pressure zones) h. Minimum pressures:
i. 40 psi (peak hour demand)
ii. 20 psi (maximum day demand plus fire flows)
(Address this condition prior to plan approval)
101.RECYCLED WATER SYSTEM DESIGN STANDARDS: All connections to the City’s recycled water system shall conform to Pleasanton Municipal Code §14.06.020 et seq. and Chapter

14.20. All new development within the recycled water use area shall use recycled water for landscape irrigation unless granted an exemption from the City Engineer. Tertiary treated recycled water comes from the Dublin San Ramon Services District wastewater treatment plant in conformance with Title 22, Division 4 of the California Code of Regulations. The recycled water is intended for landscape irrigation, and cannot be used in ways that may threaten public health. A map of the current network is available for download at:

http://admin.cityofpleasantonca.gov/civicax/filebank/blobdload.aspx?BlobID=30934 102.UTILITY ENCLOSURES: Proposed utility enclosures including vaults, meter boxes, splice boxes, and pedestals shall be installed in the public right-of-way, in a public service easement (PSE), or in a utility company specific easement. The locations for utility enclosures shall be considered in the following order of preference: (1) PSE area behind public sidewalk; (2) parkstrip area between the roadway curb & gutter and the sidewalk; (3) within the public sidewalk set flush to grade; (4) within driveway approach areas set flush to the surface with traffic-rated lids. In no case shall an above-ground pedestal or utility cabinet obstruct sight-line visibility for vehicle drivers at intersections or driveways. Above-ground pedestals or utility cabinets are preferred within the side-yard area of a corner residential lot rather than the front- yard. Deviations from this standard must be approved by the City Engineer. (Address this condition prior to plan approval)
103.DRY UTILITIES (ELECTRICITY, CATV, TELECOM): All dry utilities including electricity, telecommunications, cable television, street lights, alarm systems, etc. required to serve the project shall be installed underground from the point-of-connection at the utility purveyor’s network to the service point. Aerial drops from utility poles will not be allowed without prior approval of the City Engineer. (Address this condition prior to plan approval) 104.ENCROACHMENT PERMIT: Any work performed within the City’s right-of-way, City easements, or City-owned property shall be subject to an Encroachment Permit as defined in Pleasanton Municipal Code Chapter 13.04. All encroachment permit work is subject to adopted City of Pleasanton Standard Specifications and Details, and shall be performed by properly- licensed contractors as determined by the City Engineer. Said contractors must provide evidence of proper licensure, insurance and City-issued Business License upon application for a permit. (Address this condition prior to permit issuance) 105.HAUL ROUTE: Deliveries to and from the project site shall conform to the Commercial Vehicle Regulations included in Pleasanton Municipal Code Chapter 11.48. Vehicles with gross weights exceeding 3 tons but less than 8 tons are prohibited on any City roadway other than those designated a Commercial Vehicle Route unless a Transportation Permit has first been obtained.

Said Commercial Vehicle Routes include First Street, Stanley Boulevard, and Sunol Boulevard.

In addition to weight restrictions, vehicles that exceed 96 inches in width and/or 60 feet in length are also required to obtain a Transportation Permit. For information about Transportation Permits call 925-931-5677. (Address this condition prior to permit issuance) 106.CONSTRUCTION GENERAL PERMIT: This application is subject to a Construction General Permit according to the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002. The general permit is applicable to development sites that disturb one or more acres of land surface. The applicant will be required to register the project with the State Water Board’s Stormwater Multi-Application and Report Tracking System (SMARTS) website. A Qualified SWPPP Developer (QSD) and a Qualified SWPPP Practitioner (QSP) must be responsible for permit compliance. The SMARTS system will generate a Waste Dischargers Identification (WDID) number, which must be printed on the grading and/or erosion control plans. (Address this condition prior to permit issuance)

107.TEMPORARY TRAFFIC CONTROL: Work in the public right-of-way or publicly-accessible easement areas require submittal, review, approval, and implementation of a temporary traffic control plan. The plan shall be in writing and subject to review and approval of the City’s Traffic Engineer. The plan must conform to the California Manual on Uniform Traffic Control Devices (C MUTCD), with specific emphasis on Part 6 “Temporary Traffic Control”.

If Flaggers will be utilized, said personnel must be trained in the proper fundamentals of flagging moving traffic before entering the right-of-way. The City may demand to see evidence of said training before allowing said personnel into the right-of-way.

Prior to work within a traffic signal-controlled intersection, the applicant shall request the City place the signal on all-directions flashing red. Temporary STOP (R1-1) signs shall be placed at each approach leg.

Any alterations to pedestrian paths of travel must conform to current standards for the disabled.

Any walking member of the public with a visual impairment (cane or guide dog) must be escorted through the construction zone. (Address this condition during construction) 108.HIGH VISIBILITY SAFETY APPAREL: All workers on foot who are exposed to the hazard of vehicular traffic shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004 Performance Class 2, high visibility safety apparel and headwear, or any updates adopted by Cal OSHA. During hours of darkness, warning garments shall be retroreflective with visibility from a minimum 1,000 feet. (Address this condition during construction)
109.EXCAVATION SAFETY: All excavations must be performed in conformance with California Government Code Section 4216 et seq. No excavation shall occur until proper notice is provided to Underground Service Alert (usanorth811.org) by calling either 811 or 800-642-2444 at least 72-hours prior to the work so buried utilities can be marked. All excavations shall be covered or barricaded to prevent entry when work is inactive. Open excavations in the public right-of-way must be covered by skid-resistant steel plates that are firmly affixed to the surface with leading edges ramped. Excavations 5-feet and deeper require a protective system as defined by Cal-OSHA. If a shoring system or trench boxes will be utilized as the protective system, said system shall either be manufactured and installed according to manufacturer recommendations, or designed by a registered professional engineer and installed according to approved plans. (Address this condition during construction) 110.POLLUTANT REDUCTION IN STORMWATER: At no time during construction of the project shall pollutants be allowed to enter, clog, or contaminate storm drain pipe networks or open stormwater channels in violation of Pleasanton Municipal Code §9.14.080 et seq. The applicant shall contain all trash and debris for proper disposal to authorized landfills or recyclers. Erosion control features shall be deployed during the rainy season that extends from October 1st to April 15th each year, or any time rain is forecast outside of this period. Best Management Practices (BMPs) shall be strictly followed. Street sweepers must be employed if soil or debris is tracked onto the public roads from vehicles exiting the site. Standard BMPs are available from the California Stormwater Quality Association (CASQA), the United States Environmental Protection

Agency (EPA), Caltrans, and others. Notes and/or illustrations shall be added to the plans that describe the BMPs to be utilized during construction. The use of manufactured erosion control woven blankets and straw wattles that utilize plastic monofilament netting is specifically prohibited. (Address this condition during construction) 111.SWPPP REPORTING: Copies of any monitoring and/or sampling reports required by the stormwater pollution prevention plan (SWPPP) and submitted by the Legally Responsible Person (LRP) to the State of California’s SMARTS database shall also be submitted to the City of Pleasanton inspector assigned to the project. The LRP shall also submit to the City a copy of the required Annual Report no later than September 1st of each year that construction is active or when erosion control features have been deployed. The report must include a summary of all sampling and analysis performed (Risk Levels 2 and 3 only), a log of all inspections performed including Rain Event Action Plans (REAP), a summary of any required corrective actions taken, and a summary of any violations. (Address this condition during construction) 112.DUST CONTROL: Dust control measures must be employed during all phases of construction to prevent airborne nuisance to neighboring properties. All stockpiles or unused materials that can create dust shall be covered or removed. Exposed soil areas shall be routinely watered until surfacing materials or landscaping is installed. Use of dust palliatives shall conform to Caltrans Standard Specification Section 18. Any damage caused by airborne dust to neighboring properties shall be cleaned with costs paid by the applicant. If the applicant fails the address dust as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction) 113.PROPERTY NUISANCE: At no time during construction of the project shall the condition of the property become a nuisance as defined in Pleasanton Municipal Code §9.28.020. The City shall have the right to inspect the property for conditions that violate the code standard. If a nuisance is found, the applicant shall immediately submit a plan of correction. Depending on the severity of the nuisance, the City may suspend all construction work until the condition is corrected. Any of the following conditions shall be considered severe: Leaking chemicals that can cause environmental damage; open excavations or any excavation deeper than 4 feet that lacks proper shoring; unsecured materials that can fall to the ground causing damage or injury; open or exposed utilities that could cause electrical shock or contamination of sewer, potable water systems, groundwater wells, or storm drainage networks. If the applicant fails the address the nuisance as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction) 114.NOISE: Construction noise is regulated under Pleasanton Municipal Code Chapter 9.04. Noise is prohibited outside of the hours of 8:00 am and 8:00 pm daily except Sundays and holidays when noise is prohibited outside the hours of 10:00 am and 6:00 pm. Noise is defined as a level exceeding 83 dBA at a distance of 25 feet or 86 dBA at any point beyond the boundary of the property under construction. If the applicant fails the address the noise as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. Exceptions to these regulations require a special permit granted by the City for circumstances when strict

compliance would be impractical or unreasonable, and contingent upon proper noticing to surrounding property owners that includes the dates and times when noise levels will be exceeded and the specific reasons why an exception to the regulation has been granted. (Address this condition during construction)
115.DROUGHT RESTRICTIONS: If the City Council declares a drought during a time when this development is under construction, as described in §9.30.010 et seq. of the Pleasanton Municipal Code, the applicant shall utilize only recycled water under Stage 1 or greater restrictions for all non-potable construction-related water needs. Recycled water is available at designated locations within the City, subject to the applicant’s receipt of a temporary hydrant meter from the Operations Service Center located at 3333 Busch Road. The applicant is responsible for all water costs based on current billing rates. (Address this condition during construction)
116.GEOTECHNICAL FINAL REPORT: At the conclusion of construction, the applicant shall submit to the City a final report from the Geotechnical Engineer or Certified Engineering Geologist testifying to the successful completion of all material testing and/or observation work performed.

The final report must provide assurance that all recommendations had been strictly followed.

The applicant shall bear all costs associated with this condition. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit) 117.GEOGRAPHIC INFORMATION SYSTEMS: The City’s Geographic Information Systems (GIS) staff publishes digital maps that enable first responders to efficiently navigate to locations where calls for service have been requested. The maps are also shared with agencies and departments that provide other critical services to residents such as mail delivery. To keep these maps current, the City requires as-built plan or map information to be submitted by the applicant in a format that integrates with ArcGIS by ESRI. The “Digital Submittal Requirements” are available for download at the following weblink:
https://www.cityofpleasantonca.gov/gov/depts/gis.asp
(Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit)
118.DAMAGE TO EXISTING PUBLIC OR PRIVATE IMPROVEMENTS: The applicant shall repair damage to existing public or private improvements on and near the project site and along the haul route at the applicant’s expense if caused by construction activities. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit) OPERATIONS SERVICES DEPARTMENT – ENVIRONMENTAL SERVICES/UTILITIES DIVISION - 925-931-5500
119.FULL TRASH CAPTURE DEVICES: The applicant shall install trash capture devices at each upstream connection point to the public storm drain system subject to the review and approval of the Director of Engineering/City Engineer. Stormwater treatment controls, proposed in compliance with Provision C.3 of NPDES Permit No. CAS612008, shall also prevent the discharge of trash to the downstream municipal separate storm sewer systems and receiving waters. Discharge points from these treatment control facilities, including overflows, shall be appropriately screened (5 mm

mesh screen) or otherwise configured to meet the full trash capture screening specification for storm flows up to the full trash capture 1-year, 1-hour storm hydraulic specification, in compliance with the NPDES Permit No. CAS612008. The applicant shall submit a Stormwater Management Plan as part of the improvement plans prepared by a California licensed civil engineer, which include but is not limited to the type, location, and sizing calculations of the treatment controls that will be installed. Full trash capture devices shall be a part of the “Stormwater Treatment Measures and Maintenance Agreement
END

ATTACHMENT 2
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL APPROVING APPLICATIONS FOR DESIGN REVIEW FOR A HOUSING DEVELOPMENT AT 3200 HOPYARD ROAD CONSISTING OF 47 THREE-STORY TOWNHOME-STYLE AND TWO 2-STORY DUET CONDOMINIUMS, AND EIGHT ONE-BEDROOM

APARTMENTS AND A VESTING TENTATIVE MAP, AS FILED UNDER CASE NO. P23-0177 AND VESTING TENTATIVE MAP 8672
WHEREAS, Catalyst Development Partners LLC has applied for Design Review approval and a Vesting Tentative Map for an approximately 2.99-acre site located at 3200 Hopyard Road (“Property”) to create nine parcels for condominium purposes with 55 attached condominium units comprised of 47 townhome-style units ranging in size from approximately 1,692 to 2,738 square feet per unit, and eight one-bedroom apartment units and 12 common area parcels (“Project”); and
WHEREAS, zoning for the property RM-1,500 (Multi-Family Residential District) and the General Plan designation is High Density Residential (8+ dwelling units per acre); and
WHEREAS, a California Environmental Quality Act (CEQA) Guidelines Section 15183 Consistency Checklist was performed for this Project; and WHEREAS, at its duly noticed public hearing of February 28, 2024, the Planning Commission voted 4-1 to continue the original proposal for this site to March 13, 2024, with the direction for staff to provide further clarifying information; and WHEREAS, at its March 13, 2024, meeting the Planning Commission considered this Project, which was an alternative design (i.e. height, floor plan layout, fewer units) than the original proposal; and
WHEREAS, at its duly noticed public hearing of March 13, 2024, the Planning Commission considered all public testimony, relevant exhibits, and recommendations of the City staff concerning this 55-unit Project, and approved the Design Review and Vesting Tentative Map applications, subject to conditions of approval; and WHEREAS, on March 19, 2024, within the time specified by the Pleasanton Municipal Code Section 18.144.010, the City Council requested that the original applications for this site, and the Project, both approved by the Planning Commission on March 13, 2024, be reviewed by the City Council; and
WHEREAS, on April 16, 2024, the City Council held a duly noticed public hearing on this Project and considered all public testimony, agenda reports, and related materials, and the Planning Commission approval; and

Resolution No.

2 WHEREAS, after a review of the materials presented, the City Council determined that the Project’s Design Review application and Vesting Tentative Map are consistent with the City's General Plan and purposes of the Pleasanton Municipal Code, and adopts and reaffirms all of the considerations and findings set forth in Planning Commission Resolution for the 55-unit Project’s plans dated received on March 11, 2024.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pleasanton, based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony:

Section 1. Finds that the Consistency Checklist for the 55-unit Project is in conformance with the analysis and conclusions of the Pleasanton General Plan 2005- 2025 FEIR and qualifies for an exemption from additional environmental review under CEQA Guidelines Section 15183 because the project is consistent with the development density and land use characteristics established by the City as analyzed by the Pleasanton General Plan 2005-2025 (State Clearinghouse No. 2005122139).

Section 2.

Findings for P23-0177. The City Council finds that the 55-unit Project conforms to all applicable objective standards of the Pleasanton Municipal Code, Zoning Ordinance and other adopted standards, with the exception of items for which a concession or waivers have been requested by the applicant and granted in accordance with provisions of California Density Bonus law at Cal. Government Code §65915.

The City Council also finds that the Project was reviewed based on the nine criteria as required by Section 18.20.030 of the Pleasanton Municipal Code which includes the following, to the extent the above-noted objective standards of the PMC bear a relationship to these criteria:

1. Preservation of the natural beauty of the city and the Project site's relationship to it;

2. Appropriate relationship of the proposed buildings to the site, including transition with streetscape, public views of the buildings, and scale of buildings within its site and adjoining buildings;

3. Appropriate relationship of the proposed buildings and the site to adjoining areas, including compatibility of architectural styles, harmony in adjoining buildings, attractive landscape transitions, and consistency with neighborhood character;

4. Preservation of views enjoyed by residents, workers within the city, and passersby through the community;

5. Landscaping designed to enhance architectural features, strengthen vistas, provide shade, and conform to established streetscape;

Resolution No.

3 6. Relationship of exterior lighting to its surroundings and to the buildings and adjoining landscape;

7. Architectural style, as a function of its quality of design and relationship to its surroundings; the relationship of buildings components to one another/the buildings’ colors and materials; and the design attention given to mechanical equipment or other utility hardware on roof, ground or buildings;

8. Integration of signs as part of the architectural concept; and

9. Architectural concept of miscellaneous structures, street furniture, public art in relationship to the site and landscape.

Findings for Vesting Tentative Map 8672
State law and the Zoning Ordinance of the Pleasanton Municipal Code (PMC) set forth the considerations to be addressed in reviewing a Vesting Tentative Map. The City Council makes the following findings that Vesting Tentative Map 8672 conforms to the purposes of the PMC:

1. The proposed vesting tentative subdivision map conforms to the zoning regulations/development plan.

The Vesting Tentative Map and improvements conform to the Design Review development plan and site development standards of P23-0177. The map and improvements, therefore, would conform to the underlying RM-1,500 zoning district.

2. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

As approved and conditioned in the Design Review development plan, the condominiums and apartments in the Project will comply with the City’s residential Green Building Ordinance, Climate Action Plan 2.0 and the State’s Title 24 Building Energy Efficiency Standards and would be required to incorporate a series of renewable energy design and energy efficiency features.

3. The proposed vesting tentative subdivision map, together with its design and improvement, is consistent with the Pleasanton General Plan.

P23-0177 is found to be consistent with the Pleasanton General Plan and Vesting Tentative Map 8672 was submitted based on the proposed development plan. The proposed subdivision and its improvements are compatible with the applicable objectives, policies, land uses, and programs specified in the General Plan.

4. The subdivision site is physically suitable for this type and density of development.

Resolution No.

4 The Property is not in a flood zone or earthquake fault zone and is relatively flat.

Project construction would involve minimal site grading and alteration of existing topography. Thus, the Project site is physically suitable for the Project.

5. The design of the subdivision and improvements covered by the proposed vesting tentative subdivision map will not cause substantial environmental damage and avoidably injure fish and/or wildlife or their habitat.

The CEQA Guidelines Section 15183 Consistency Checklist for the Project found no potential for significant environmental effects which are peculiar to the Project or the Property which were not analyzed with the Pleasanton General Plan 2005- 2025 EIR. P23-0177 includes conditions that are mitigation measures from the Pleasanton General Plan 2005-2025 EIR that require best management practices to be incorporated before and during construction to minimize impacts to groundwater and surface water quality.

6. The design of the proposed subdivision or type of improvements is not likely to cause serious public health problems.

The proposed subdivision meets all applicable City standards pertaining to public health, safety, and welfare (e.g., standards pertaining to public utilities and services, public road design and traffic safety, fire hazards and noise hazards).

All public safety measures are addressed through the design and conditions of approval for P23-0177 and the Vesting Tentative Map. The street design is satisfactory to the Livermore-Pleasanton Fire Department and City Traffic Engineer. The condominiums and apartments will be required to meet the requirements of the California Building Code, Fire Code, and other applicable City codes and/or requirements. The site is free from toxic or hazardous materials and no earthquake, landslide, flooding, or other natural hazards exist at this site.

7. The design of the subdivision or its related improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

The Vesting Tentative Map will maintain the existing City’s water pipeline easement located on-site. This Vesting Tentative Map provides for easements including a public access easement, public service easement and emergency

Resolution No.

5 access easement. The design of the subdivision and related improvements does not conflict with the proposed easements.

8. The restriction on approving a tentative subdivision map on land covered by a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act) is not applicable.

The site is not covered by any land conservation contract, including a Williamson Act contract.

9. The discharge of waste from the proposed subdivision would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board (RWQCB).

No discharge violation currently exists and sewer capacity is available for this subdivision. The Project would not discharge any waste other than domestic sewage and all sewage would be discharged into the city’s sanitary sewer system for ultimate treatment. Stormwater runoff would be collected and conveyed through bio-retention basins. Urban stormwater runoff is required to meet the City’s RWQCB permit requirements for urban development.

Findings Pursuant to Government Code Section 65863 (No Net Loss) The Project includes 47 above-moderate income units and 8 moderate-income apartment units; in comparison, the inventory of sites included in the 6 th Cycle Housing Element projected that this site (listed as APN 941 090706200 in Table B-14) would provide up to 44 moderate income units. The project would provide 47 more above-moderate units than projected in the inventory, but 36 fewer moderate-income units. However, the inventory of sites provides a buffer of 56 units in excess of the City’s assigned 894-unit moderate income regional housing needs allocation (RHNA). As a result, the approval would not require re-zoning of additional sites to meet the moderate income RHNA.

Section 3. Approves Design Review Case No. P23-0177 and Vesting Tentative Map 8672, the applications of Catalyst Development Partners LLC to subdivide an approximately 2.99-acre site located at 3200 Hopyard Road into nine parcels for condominium purposes with 55 attached condominium units comprised of 47 townhome- style units ranging in size from approximately 1,692 to 2,738 square feet per unit, eight one-bedroom apartment units and 12 common area parcels, subject to the conditions shown in Exhibit A, attached hereto and made part of this case by reference.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.

Resolution No.

6 I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________________
Daniel Sodergren, City Attorney

EXHIBIT A

CONDITIONS OF APPROVAL
P23-0177, Tract 8672
3200 Hopyard Road
March 13, 2024
The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain compliance with the conditions of approval below. Where approval by the Director of Community Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and Safety Official, Fire Department or other City staff is required, review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted practices related to the approval. In addition to complying with the conditions below, the applicant is required to comply with all applicable federal, state, and local laws that pertain to this project whether or not specifically noted herein.

This approval is granted for a Design Review (P23-0177) and Vesting Tentative Map 8672 approval pursuant to SB 330 to: 1) demolish an existing church and daycare facility; 2) construct a housing development consisting of 55 attached condominium units in eight, three-story buildings (47 townhome-style units and eight apartment units), and related site improvements; and 3) Vesting Tentative Map located on Assessor Parcel No(s). 941-0907-062 at 3200 Hopyard Road.

Development shall be substantially as shown on the project materials listed below:
a. Project plans, Exhibit B, Vesting Tentative Tract Map 8672 by MacKay & Somps, Architectural Plans by WHA Architects, and Landscape plans by Ripley Design, dated “Received” on September 5, 2023, and Option 2 alternative project plans dated “Received” on March 11, 2023, and kept on file in the Planning Division of the Community Development Department.
b. ALTA/NSPS Land Title Survey by MacKay & Somps, dated September 16, 2022, and kept on file in the Planning Division of the Community Development Department. c. Lighting Plan - Photometric Analysis by Associated Lighting Representatives, dated October 6, 2023, and kept on file in the Planning Division of the Community Development Department.
d. Arborist Report prepared by Buena Vista Tree Service for Catalyst Development Partners LLC, dated May 2023, and kept on file in the Planning Division of the Community Development Department.
e. Traffic Technical Memorandum prepared by TJKM Transportation Consultants for Catalyst Development Partners LLC, dated January 2, 2024, and kept on file in the Planning Division of the Community Development Department.
f. Geotechnical Investigation Report by Cornerstone Earth Group for Catalyst Development Partners LLC, dated September 27, 2022 (revised August 30, 2023) (Project No. 1380-1-1), and kept on file in the Planning Division of the Community Development Department.

g. Phase I Environmental Site Assessment (ESA) by Cornerstone Earth Group for Catalyst Development Partners LLC, dated September 8, 2022, and kept on file in the Planning Division of the Community Development Department.
h. Air Quality Technical report by Ascent Environmental for Catalyst Development Partners LLC, dated August 23, 2023, and kept on file in the Planning Division of the Community Development Department.
i. Environmental Noise Study by Coffman Engineers for Catalyst Development Partners LLC, dated September 1, 2023, and kept on file in the Planning Division of the Community Development Department.
j. Biological Resources Analysis Memorandum by Monk & Associates Environmental Consultants for Catalyst Development Partners LLC, dated July 20, 2023, and kept on file in the Planning Division of the Community Development Department. k. Hydrology Analysis Technical Memorandum prepared by Akel Engineering Group, Inc. dated September 2023, and kept on file in the Planning Division of the Community Development Department.
l. LEED v4 Neighborhood Development Plan Project Checklist prepared by Mason Wodhams Architectural Corporation for Catalyst Development Partners LLC, dated April 18, 2023, and kept on file in the Planning Division of the Community Development Department.

The project materials listed above are collectively the “Approved Plans”.

THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance with the “Approved Plans”, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, building colors or materials, green building measures, landscape material, etc.

2. EXPIRATION – The design review approval shall lapse and shall be void 2 years following the effective date of approval of both the design review and vesting tentative map, unless: (1) a final map is approved before the vesting tentative map expires, and then the term of development rights shall be as set forth in Section 19.22.070 of the PMC; (2) prior to expiration a building permit is issued and construction is commenced and diligently pursued to completion; (3) the applicant has filed a request for: (a) design review approval extension pursuant to the provisions of Section 18.12.030 of the PMC, or (b) a vesting tentative map extension per Section

19.22.070.D.2, of the PMC. The vesting tentative map shall expire as provided in Section

19.22.070 of the PMC.

3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be incorporated as one of the first four plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits.

4. APPEAL PERIOD: The final map and building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period.

5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

PLANNING DIVISION – 925-931-5600
Site Development and Building Design

6. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.

7. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits.

8. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit/building in conformance with the Approved Plans in the building permit submittal. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.

9. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements.

10. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal in conformance with the Approved Plan. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.

11. BUILDING SURVEY: The applicant shall submit a building survey and/or record of survey and a site development plan in accordance with the provisions of Chapter 18.68 of the PMC. These plans shall be approved by the Chief Building Official prior to building permit issuance. The site development plan shall include all required information to design and construct site, grading, paving, drainage, and utilities.

12. PAD AND SETBACK CERTIFICATION: The applicant shall submit a pad elevation certification prepared by a California licensed land surveyor or registered civil engineer to the Chief Building Official and Director of Community Development certifying the pad elevations and building

locations (setbacks) are conforming to the approved plans, prior to receiving a foundation inspection for the structures.

13. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division.

The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.

14. FINAL INSPECTION: Final inspection of each building by the Planning Division is required prior to that building’s occupancy.

15. TRANSFORMERS: New electrical transformers shall be placed underground, or aboveground and screened from view to the satisfaction of the Director of Community Development. Details of the new electrical transformers, and any screening architecturally compatible with the building, shall be included in the building permit submittal and shall be subject to the review and approval of the Director of Engineering/City Engineer and Director of Community Development prior to building permit issuance.

16. MECHANICAL EQUIPMENT – SCREENING: The applicant shall effectively screen from view all ducts, meters, air conditioning equipment, and any other mechanical equipment, whether on the structure, on the ground, or on the roof, with materials architecturally compatible with the building in conformance with the Approved Plan and Objective Design Standards. Screening details shall be shown on the plans submitted for building permit. All required screening shall be installed prior to final occupancy.

17. RECYCLING AND COMPOSTING PROGRAMS: The project shall comply with the current City/Pleasanton Garbage Service recycling and composting programs and Pleasanton Municipal Code Chapter 9.23 Organics Reduction and Recycling.

Green Building and Sustainability Measures

18. ALL-ELECTRIC: This project is to have no new gas infrastructure installed. This shall be reflected in the plans submitted for Building Permits.

19. Climate Action Plan 2.0 Compliance: Prior to building permit issuance, a GHG Emission Compliance Checklist shall be provided to the Planning Division for review and approval by the Director of Community Development. The measures shall be shown on the building permit plans submitted to the Building and Safety Division. The Checklist shall include notation indicating the sheet(s) the measure can be found. Prior to building permit final, all of the measures indicated on the approved checklist shall be inspected and approved by the City of Pleasanton.

Construction Practices and Noticing

20. WORK HOURS: All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State or Federal Holidays or Sundays. The Director of Community Development may allow earlier “start times” or later “stop times” for specific construction activities, e.g., concrete pouring. All construction equipment shall meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling

devices. Prior to construction, the hours of construction shall be posted on site.

21. CONSTRUCTION PARKING: Campers, trailers, motor homes, or any other similar vehicle are not allowed on the construction site except when needed as sleeping quarters for a security guard subject to receipt of a temporary conditional use permit (per PMC 18.116.010.E).

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

23. CONSTRUCTION AND PARKING MANAGEMENT PLAN: The applicant shall prepare a construction and parking management plan to address impacts and parking demands during the construction phase of the project. The construction and parking management plan shall be subject to review and approval by the City Traffic Engineer and Director of Community Development prior to issuance of a demolition permit, or the first building permit, whichever comes first. The following items shall be incorporated into the construction and parking management plan:
a. Show truck route for construction and delivery trucks that does not include neighborhood residential streets, unless approved by the City Traffic Engineer; b. Show construction vehicles and equipment parking area, materials storage, temporary fencing, construction trailer location, and construction contractors/workers parking area. c. Sidewalk closure or narrowing is not allowed during on-site construction activities without prior approval by the City.

24. PORTABLE TOILETS: Portable toilets used during construction shall be kept on the project site and as far as possible from existing residences and shall be emptied to prevent odor.

25. EXCESS SOIL AND SOIL STOCKPILING: All excess soil from the site shall be off-hauled from the site and disposed of in a lawful manner. No temporary stockpiling of dirt on this site shall occur unless approved with the grading plans or without specific review and approval by the Director of Community Development.

26. NOTICE OF CONSTRUCTION: Prior to construction, the applicant shall notify neighbors within 300-feet of the project site of the construction schedule in writing. Such notice shall include contact names and numbers for property owner, agent or contractor.

27. DISTURBANCE COORDINATOR: The applicant shall designate a “disturbance coordinator” who shall be responsible for responding to any complaints regarding construction noise, dust, construction parking, etc. The coordinator (who may be an employee of the general contractor) shall determine the cause of the complaint and shall require the implementation of reasonable measures warranted to correct the problem. A telephone number of the disturbance coordinator shall be posted on the construction site fence and on the notification sent to neighbors adjacent to the site. The sign shall also list an emergency after-hours contact number for the disturbance coordinator, or designee.

28. CULTURAL RESOURCES: In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Section 5097.98.

These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains.

Fees

29. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the SB 330 Preliminary application was submitted, October 14, 2022, subject to applicable existing inflation adjustments.

30. WATER FEES AND WATER METER CONNECTION FEES: The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters and irrigation meters, if applicable, prior to building permit issuance

31. SEWER FEES: The applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer connection fees prior to building permit issuance.

32. SCHOOLIMPACT FEES – RESIDENTIAL NEW CONSTRUCTION: Applicant shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project’s long term effect on school facility needs in Pleasanton. This program shall be designed to fund school facilities necessary to offset this project’s reasonably related effect on the long-term need for expanded school facilities. The method and manner for the provision of these funds and/or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by applicant to the City, on a form generated by the PUSD, prior to building permit issuance.

Environmental

33. Project shall incorporate sound-rated windows, ventilation systems, noise barriers, etc., necessary to ensure that both indoor and outdoor noise levels at the proposed project comply with the standards established in the Pleasanton General Plan.

34. Project shall implement signage and striping efforts to restrict the proposed eastern driveway along South Valley Trails Drive to exclude left-in movements. Project Specific Condition

35. Prior to the issuance of a grading or building permit, the project applicant shall submit an air quality construction plan that includes BAAQMD basic Best Management Practices. • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
• Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

Project Specific Condition
Other

36. The Homeowners Association shall include restrictions in the CC&R’s on smoking at the site in conformance with Pleasanton Municipal Code Chapter 9.27 Restrictions On Smoking At Condominiums, Townhomes And Buildings With Three Or More Attached Units.

HOUSING DIVISION – 925-931-5007

37. AFFORDABLE HOUSING AGREEMENT: The applicant shall execute a City Council-approved Affordable Housing Agreement which sets forth the methodology for the applicant’s compliance with Pleasanton Municipal Code Chapter 17.44 requirements and which agreement shall be recorded prior to or concurrently with the final map. Project Specific Condition BUILDING AND SAFETY DIVISION – 925-931-5300

38. PHASED OCCUPANCY: If building occupancy is proposed to be phased, the applicant shall submit a phasing plan to the Chief Building and Safety Official for review and approval.

39. DIGITAL PLAN SUBMITTAL REQUIREMENT – COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND CONDOMINIUM PROJECTS: The applicant shall submit site plan and building information to the City’s Geographic Information Services (GIS) Division in a digital format prior to issuance of the building permit. All changes or revisions to the approved plans during construction which affect the digital submittal, shall be resubmitted for GIS review no later than one month prior to scheduling a final inspection. The updated digital submittal will be checked and approved before the building permit will be finalized and certificate of occupancy granted (if applicable). For phased project, the digital submittal must be approved prior to the first occupancy of any phase. The information will be used for public safety and emergency response planning by the Police and Fire Departments. Refer to the “Digital Plan Submittal Requirements” for necessary data and file formatting requirements.

TRAFFIC ENGINEERING DIVISION – 925-931-5677

40. TRAFFIC CONTROL Plan (TCP): A comprehensive traffic control plan shall be submitted to the City Traffic Engineer for review and approval. Best management practices to minimize traffic impacts shall be used during construction, including scheduling of major truck trips and deliveries, to avoid peak travel hours. The TCP shall have proper lane closure procedures such as flagger stations, signage, cones, and other warning devices implemented during

construction. The TCP shall also include time of day/hours of lane closures and total number of days

41. TRUCK ROUTES: The haul route for all materials to and from the project site shall be reviewed and approved by the City Traffic Engineer prior to building permit issuance and shall include the provision to monitor the street surfaces used for the haul route so that any damage and debris attributable to the haul trucks is identified and corrected at the expense of the applicant.

42. TRAFFIC SIGNAGE AND STRIPING – ON SITE: All on site traffic related signage and striping shall be included in the building permits plans for review and approval by the City Traffic Engineer prior to building permit issuance.

43. TRAFFIC SIGNAGE AND STRIPING – OFF SITE: All off site traffic related signage and striping shall be included in the improvement plans for review and approval by the City Traffic Engineer prior to permit issuance.

44.TRAFFIC IMPACT FEES: The applicant shall pay any traffic impact fees for the development as determined by the City Traffic Engineer. The fee shall be paid prior to building permit issuance.

LANDSCAPE ARCHITECTURE DIVISION – 925-931-5672
Landscaping

45. LANDSCAPING: Detailed landscape and irrigation plans encompassing all planting areas, both on-site and off-site, shall be included in the building permit plans. All plans shall be prepared by a licensed landscape architect and shall provide the species, location, size, quantities, and spacing of all plants. Minimum plant sizes are 1-gallon containers for ground cover, 5-gallon containers for shrubs, and 15-gallon containers for trees. Plant species shall be of a drought- tolerant nature and the irrigation design shall utilize low-volume drip, bubbler, or other water conserving irrigation systems to the maximum extent possible. The drawings shall be subject to the review and approval of the City Landscape Architect prior to building permit issuance.

46. WATER EFFICIENT LANDSCAPE ORDINANCE (WELO): The project shall comply with the City of Pleasanton’s Water Efficient Landscape Ordinance (WELO) and Bay Friendly Basics Landscape Checklist. The applicant shall submit a Landscape Documentation Package in PDF format to the Landscape Architecture Division, which shall be subject to review and approval by the City Landscape Architect prior to building permit issuance. The Landscape Documentation Package shall include:
a. Project Information;
b. Water Efficient Landscape Worksheet;
c. Soil management report;
d. Landscape design plan;
e. Irrigation design plan; and
f. Grading design plan.

47. CERTIFICATE OF COMPLETION: Upon completion of construction and prior to final inspection by the Building and Safety Division, the applicant’s landscape architect shall submit a Certificate of Completion Package in PDF format to the Landscape Architecture Division for review and approval. The Certificate of Completion Package shall include:

a. Project information sheet;
b. Certificate of installation according to the landscape documentation package; c. Irrigation scheduling;
d. Schedule of irrigation, landscape and irrigation maintenance; e. Landscape irrigation audit report; and
f. Soil management report (if not previously submitted).

48. LANDSCAPING INSTALLATION: Prior to building permit final all landscaping shall be installed as shown on the approved building permit set and shall be inspected and approved by the Landscape Architecture Division.

49. CONCRETE CURBS: 6-inch vertical concrete curbs, with curb cuts or flush curbs with wheel stops, if determined to be acceptable by the Director of Engineering/City Engineer and Director of Community Development, shall be installed between all paved and landscape areas, in conformance with the City’s Standard Specifications and Details.

50. EROSION CONTROL: For purposes of erosion control, the applicant shall plant a hydro seed mixture designed by the applicant’s landscape architect and approved by the Landscape Architecture Division prior to installation. The erosion control shall be maintained by the applicant until permanent landscaping is in place.

51. BACKFLOW AND IRRIGATION METER SCREENING: All backflow prevention devices and above ground irrigation controls shall be located and screened to minimize their visual impacts.

These devices with their proposed screening shall be shown on the landscaping and utility plans submitted with the building permit plans or improvement plans and shall be subject to the review and approval of the City Landscape Architect prior to their installation. If above-ground, they shall be painted forest green or an equivalent dark-green color. Screens shall consist of berms, walls, or landscaping satisfactorily integrated into the landscape plan. Landscape screens shall include shrubbery designed by species and planting density to establish a complete screen within 1 year from the date of planting. Weather protection devices, such as measures to protect pipes from freezing, shall require approval by the City Landscape Architect prior to use; at no time shall fabric or other material not designed and/or intended for this purpose be wrapped around or otherwise placed on these devices. Project Specific Condition

52. MAINTENANCE: The applicant and all future owners of the property shall, at no expense to the City, maintain all the landscaped areas related to the project in a healthful, attractive and reasonably weed-free manner consistent with the approved landscape plan, for the duration of the existence of the project.

53. SITE LIGHTING: All site lighting shall be designed for consistency with the International Dark- Sky Association’s (IDA) Model Lighting Ordinance. This project site shall be considered to be in an LZ-2 zone for design purposes. Lighting shall be subject to review and approval by the City Landscape Architect prior to building permit issuance. Project Specific Condition

54. ROAD FRONTAGE LANDSCAPE: The applicant shall provide planting, including street trees, and irrigation and shall be responsible for maintaining the landscape area along the project frontage on Hopyard Road and South Valley Trails Drive. Improvements shall require approval by the City Landscape Architect.

Trails

55. PLEASANTON CANAL TRAIL: The development shall include an ADA accessible connection to the Pleasanton Canal Trail and shall remove and replace the existing gate for the trail adjacent to Hopyard to provide a new pedestrian friendly gate/access per City of Pleasanton and Zone 7 requirements. Project Specific Condition
Trees

56. TREE REPORT: The applicant shall comply with the recommendations of the tree report prepared by Carol Randisi with Buena Vista Tree Service, dated May 2023. No tree trimming or pruning other than that specified in the tree report shall occur. The applicant shall arrange for the Project Arborist to conduct a field inspection prior to building permit issuance to ensure all recommendations have been properly implemented. The Project Arborist shall certify in writing all recommendations have been followed. Project Specific Condition

57. TREE REMOVAL MITIGATION: Any trees approved to be removed by the City shall have its full value paid into the City’s Urban Forestry Fund. A credit for replanting trees shall be as follows:
a. $250 credit for a 15-gallon size replacement tree;
b. $500 credit for a 24-inch box size replacement tree; and c. $1,000 credit for a 36-inch box size replacement tree.

Project Specific Condition

58. TREE BOND: Any tree affected by development/construction must be protected per the Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as deemed by the City Landscape Architect. This bond or security will be for the value of the tree(s), up to a maximum of $100,000, and shall be held for a minimum of 1 year following acceptance of public improvements or completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, trimming, setting up tree protection, etc.). The bond or security may be released early with a certification letter by the arborist confirming he/she was present during said tree work and work was performed in accordance with the arborist’s recommendations.

59. TREE DISPOSITION PLAN: Provide a tree disposition plan that shows trees to remain, trees to be removed, the value of each tree, the total value of the trees to remain and be protected, and the total value of trees to be removed. The plan shall also include the tree protection recommendations from the arborist report. Project Specific Condition

60. ROOT CUTTING: The applicant shall comply with the following tree root cutting requirements:
a. Roots1-inch in diameter or larger to be removed shall be cleanly cut with a hand saw.

Roots smaller than 1-inch in diameter are not considered to be significant and may be removed by the most efficient means.

b. Roots larger than 2-inches in diameter and within 8-feet of the tree trunk shall not be cut or ground unless prior approval has been received from the Landscape Architecture Division.
c. Roots of any diameter farther than 8-feet from the tree trunk, which are in conflict with the proposed work may be ground a maximum of one-half of their diameter. Work of this nature shall only be performed using a mechanical stump grinder and only by personnel familiar with its operation.
d. Roots up to 6-inches in diameter and farther than 8-feet from the tree trunk may be removed if they are in conflict with the proposed work. Roots that are removed shall be cleanly cut using a hand saw.

61. ROOT CONTROL BARRIER: The applicant shall provide root control barriers and 4-inch perforated pipe for all trees located within 8-feet of pavement or other hardscape, determined by the City Landscape Architect. Root barriers shall be located along the edge of the pavement wherever the tree is within 8-feet of pavement or hardscape. Information and details shall be included in the landscape plan submittal for review and approval by the Landscape Architecture Division.

62. TREE PRUNING: Pruning shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.

63. TREE PROTECTION FENCING: Prior to issuance of a grading or building permit, the applicant shall install temporary 6-foot-tall chain-link fencing (or other fence type acceptable to the Landscape Architecture Division) outside of the existing tree drip lines. The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a “stop work order.”

64. PROJECT PLANS: The following statements shall be printed on the demolition, grading and landscape plans where applicable to the satisfaction of the City Landscape Architect prior to issuance of building permits:
a. No existing tree may be trimmed or pruned without prior approval by the City Landscape Architect.
b. Utilize best efforts to locate any new utility trenches outside of the existing canopy of the trees to be saved. If this is not feasible, the applicant shall submit a report from a certified arborist acceptable to the City indicating trenching will not be detrimental to the health of the tree.
c. Nothing may be stored within the dripline of the tree canopies. This includes equipment, oil, gas, chemicals, harmful materials, fill or storage. d. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline.
e. No sign, wires, or ropes shall be attached to the trees. f. No stockpiling/storage of construction materials, fill, etc., shall take place underneath or within 5-feet of the dripline of the existing trees.

g. No equipment or temporary structures shall be placed within or beneath the dripline of the existing trees.

Failure to comply with these requirements may result in a “stop work order”.

FIRE DEPARTMENT – 925-454-2361

The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.

65. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.

66. FIRE CODE: All construction shall conform to the requirements of the 2022 Pleasanton Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.

67. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter

33. 68. FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2022 Pleasanton Building, Fire and Residential Codes with local amendments and ordinances.

69. FIRE PROTECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.

70. WATER FLOW AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection. Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.

71. ELECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections. The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.

72. LISTED: All commercial, industrial, and multi-family residential occupancies shall have valve tamper and water flow connected to a listed Central Station Service in accordance with NFPA

72. Fire Department plan check includes specifications, monitoring, installation, and alarm company certificates. Fire alarm control panel and remote annunciation shall be at location(s) approved by the Fire Prevention Bureau. All systems shall be point identified by individual device and annunciated by device type and point.

73. HAZARDOUS MATERIALS: Should any operation or business activity involve the use, storage or handling of hazardous materials, the firm shall be responsible for contacting the Livermore-

Pleasanton Fire Department prior to commencing operations. Please contact the Hazardous Materials Coordinator at 925/454-2361.

74. FIRE LANE MARKING: On-site access ways, turn arounds, and internal drives shall be designated as fire lanes and identified as such by red curb striping and posted with signs at locations approve by the Fire Department. Signs shall be according to State standards and read “No Parking – Fire Lane” and must be shown on the plans. The red curb striping, sign location(s), and sign language shall be included in the building permit submittal for review and approval by the Livermore-Pleasanton Fire Department prior to building permit issuance. a. The following schedule for NO PARKING signs shall apply:

Width Requirements 36 feet or greater No requirements Between 28 and 36 feet Post one side
Between 20 and 28 feet Post both sides
Less than 20 feet Not permitted Cul-de-Sac Not permitted

75. EMERGENCY VEHICLE ACCESS ROADS: Access roads shall have 13 feet, 6 inches unobstructed vertical clearance, 20 feet of unobstructed width (26 feet where occupied building floors exceed 30 feet height), and inside turning radius of 31 feet and outside turning radius of 51 feet. Unobstructed shall mean a clear travel way, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds under all weather conditions. Unobstructed width shall not include the width of rolled curbs, sidewalks, or non-drivable surfaces. All exterior portions of buildings must be within 200 feet of an access road. Yard and parking area may be able to be located farther than 200 feet from access roads, depending on the specific use.

76. FIRE VEHICLE TURNAROUNDS: Where Fire Department vehicle access through or around a site involves changes in direction or curves, inside radius of 45 feet and outside radius of 55 feet shall be provided to facilitate fire truck turning radius for entry and exit from the site. Dead-end access ways and internal drives shall not exceed 300 feet in length and shall terminate in cul- de-sacs no less than 96 feet in diameter or hammer-head (tee). Standards and options are available through the Livermore-Pleasanton Fire Department, Fire Prevention Bureau.

77. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1- inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the Livermore-Pleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.

78. RESIDENTIAL – NEW CONSTRUCTION: The following items shall be provided prior to any construction above the foundation or slab.
a. Emergency vehicle access shall be provided to the site (tract), including areas where construction is occurring.
b. Designated construction material storage and construction worker parking shall not obstruct the emergency vehicle access route(s).

c. On-site fire hydrants shall be in service. Fire hydrants shall be flushed and all valves open.

79. FINAL INSPECTION: Prior to request for final inspection, all access roads, on-site access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.

ENGINEERING DIVISION - 925-931-5650
Project Specific Conditions of Approval:

80. WATER NETWORK ANALYSIS. Capacity in the City’s potable water network to serve the subject development has been verified by the City’s consultant, Akel Engineering Group according to their final Technical Memorandum dated September 2023. The memo discloses expected potable water pressure and flow at various points within the proposed network. This data shall be used to design/size the fire protection systems and domestic services for each building.

81. ASBESTOS & LEAD. Section 10.6 of the Phase 1 Environmental Site Assessment by Cornerstone Earth Group states, “…Due to the age of the on-Site structures, building materials may contain asbestos...” and Section 10.7 states “…Based on the age of the existing buildings, lead-containing paint may be present...” As such, the applicant shall submit an asbestos and lead survey and follow required abatement as necessary prior to issuance of Building Permit for demolition of the existing building.

82. POLYCHLORINATED BIPHENYLS (PCBs). Provision C.12.f and .g of the Municipal Regional Stormwater Permit (MRP) that governs stormwater discharges within Alameda County requires PCB-containing building materials to be properly managed during demolition. To determine whether special assessment, removal, and disposal practices are warranted for the subject development, the applicant shall complete and submit a “PCBs Screening Assessment Form” available from the City prior to Building Permit issuance. Completion of form may reveal that sampling and analysis of building materials are required together with reporting to the San Francisco Bay Regional Water Quality Control Board and/or U.S. Environmental Protection Agency. The form requires the applicant to certify compliance with all applicable laws and regulations.

83. GEOTECHNICAL ISSUES. Referring to the Cornerstone Earth Group Geotechnical Investigation, the following recommendation shall be addressed on the Building Permit plans:
a. Section 5.1.4 “Soil Corrosion Potential” and Appendix C of the Cornerstone Earth Group Geotechnical Investigation, discuss soil corrosivity. Two recommendations are offered.

First, elevated levels of water-soluble chlorides in the soils require use of a concrete mix design appropriate for elevated chloride exposure. Second, on-site soils are considered corrosive for buried metallic structures such as metal utilities, so coating systems and cathodic protection are recommended as well as isolation of these utilities from above grade structures.
b. Section 6.6 discusses “Wet Soil Stabilization Guidelines” due to soils that become unstable with high moisture content. Three alternative methods of addressing this issue are offered including scarification and drying, removal and replacement, and chemical treatment. The plans must include one (or more) of these stabilization methods.

c. Section 10.4 discusses “Pavement Cutoff” to mitigate surface water penetration into native expansive clay soils which could significantly reduce pavement life. Several alternatives are recommended, all of which must be keyed into pavement subgrade soils at least 4”.

One or more of these alternatives shall be incorporated into the pavement design.

84. POTABLE WATER SERVICE. The City purchases potable water wholesale from Zone 7 Water Agency. Fees are due to both the City of Pleasanton and Zone 7 for new connections to the City’s pipe network. Said fee amounts appear in the City’s adopted Master Fee Schedule. For more information about water usage in Pleasanton, refer to Pleasanton Municipal Code Title 14.

This property is currently served by an existing 5/8-inch-diameter water meter (Account #3378- 14000-001, Meter #55550473). If this meter will not be utilized as part of the proposed development, the applicant shall contact the City’s Utility Billing Division at 925-931-5500 or [email protected] to initiate the meter removal process. Removal of said meter will be performed by City staff. Any outstanding water consumption charges must be paid in full prior to the meter removal as well as all fees associated with the disconnection. Fee credits will be offered for the removed meter when new water services are requested.

85. RECYCLED WATER. The City operates a recycled water network for landscape irrigation according to Pleasanton Municipal Code Chapter 14.20. The subject property resides within the recycled water use area and must therefore utilize said water for irrigation purposes upon development. The network extends along the Hopyard Road frontage of the property.

Connection fees are shown in the City’s adopted Master Fee Schedule.

Standard Conditions of Approval

86. CONDITIONS OF APPROVAL: These Conditions of Approval shall be depicted on a plan sheet(s) in the submitted plans for construction. (Address this condition prior to plan approval)

87. ENGINEERING DIVISION FEES FOR SERVICE: The Engineering Division assesses fees for services including plan-check, permit issuance, and inspection according to the City’s adopted Master Fee Schedule. These fees are separate and distinct from fees assessed by the Community Development Department (including Planning and Building Division fees). The applicant is responsible for payment of all Engineering Division fees prior to services rendered or permit issuance, whichever is first. (Address this condition prior to plan approval)

88. DESIGN PER CITY STANDARDS: All public improvements shall be designed in conformance with the City of Pleasanton Municipal Code and the City’s adopted Standard Specifications and Details in effect at the time of issuance of the permit(s). Said standards are available for download at:
http://www.cityofpleasantonca.gov/gov/depts/engineering/standard.asp (Address this condition prior to plan approval)

89. CLEAN WATER PROGRAM (HYDROMODIFICATION PROJECTS): Because the project creates and/or replaces more than 43,560 square feet (1.00 acres) of impervious surface, increases impervious surface over pre-project conditions, and is located in a susceptible area, it is considered a Hydromodification (HM) Project according to Provision C.3.g of the Municipal Regional Stormwater NPDES Permit that regulates stormwater runoff in Alameda County. The

Alameda Countywide Clean Water Program developed a C.3 Guidance Manual to assist applicants in addressing these regulations. The Guidance Manual is available for download at:
https://www.cleanwaterprogram.org/businesses/development.html HM projects must include stormwater treatment measures in the site design to cause no increase in the erosion potential of the receiving stream over the pre-project (existing) condition.

To demonstrate compliance, the City encourages use of the Bay Area Hydraulic Model (BAHM).

The model software can be downloaded at no cost from Clear Creek Solutions. In addition, HM projects must be subject to a Stormwater Treatment Measure Maintenance Agreement between the City and property owner to assure long-term maintenance of the installed measures. The City will provide a template agreement. Once executed, the agreement must be recorded against the property. (Address this condition prior to plan approval)

90. GEOTECHNICAL RECOMMENDATIONS: Recommendations from the project’s geotechnical investigation, as prepared by a California-licensed Geotechnical Engineer or Certified Engineering Geologist, shall be incorporated into the design of the improvements and/or explicitly noted on the plans. The author(s) of the geotechnical investigation shall certify on the plans that the design complies with their recommendations. During construction, the applicant must follow all recommendations. (Address this condition prior to plan approval)

91. SUBDIVISION MAPS: The subdivision of land is governed by Pleasanton Municipal Code Title 19, as well as the California Government Code §§66410-66499.85 (Subdivision Map Act). All maps are subject to review and approval by the City Engineer. Recordation of the subdivision map shall be coordinated by the applicant’s title company, with one full-sized mylar copy of the recorded map returned to the City.

The following statement shall be included on the cover sheet of the map: “I, Adam Nelkie, P.E., City Engineer of the City of Pleasanton, County of Alameda, State of California, do hereby state that I have examined the herein embodied map entitled “[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet 1 thereof and that the [PARCEL OR TRACT] map was presented to me as provided by local ordinance. This map conforms with the requirements of the Subdivision Map Act and of any local ordinances applicable at the time of approval of the tentative map, and the subdivision as shown is substantially the same as it appeared on the tentative map, if any, and any approved alterations thereof. The name of the subdivider is as shown on the statement of owner upon this sheet.” For parcel maps, add the following: “The dedications and/or easements shown as [LIST] upon said map thereon offered for dedication are hereby accepted for the purpose for which offered.” Adam Nelkie, P.E., Registration No. 78830, City Engineer, City of Pleasanton, County of Alameda, State of California [SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to map approval)

92. CITY CLERK’S STATEMENT: For final maps, the following statement shall be included on the cover sheet of the map: “I, Jocelyn Kwong, City Clerk and Clerk of the Council of the City of Pleasanton, County of Alameda, State of California, do hereby state that this final map entitled ““[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet [NUMBER] thereof, was presented to said Council of the City of Pleasanton, as provided

by law at a regular meeting held on the [DAY] day of [MONTH], [YEAR] and that said Council of the City of Pleasanton did thereupon by motion duly passed and adopted at said meeting, approved said map and accepted on behalf of the public all parcels of land and easements as offered for dedication to the City of Pleasanton for public use in conformity with the terms of the offer of dedication. The names of the subdividers are as shown on the Owner’s Statement upon Sheet 1. In witness whereof, I have hereunto set my hand this [DAY] day of [MONTH], [YEAR].

Jocelyn Kwong, City Clerk, City of Pleasanton, Alameda County, State of California [SIGNATURE LINE]”. (Address this condition prior to map approval)

93. SUBDIVISION IMPROVEMENT AGREEMENT: Public improvements required as part of the subdivision must be either completed to the satisfaction of the City Engineer prior to map approval, or guaranteed by a Subdivision Agreement. The agreement requires the applicant to post financial security in the form of either a cash deposit, letter of credit, or surety bonds in amounts equivalent to the value of the public improvements. If surety bonds are utilized, the form of the bond language shall be consistent with California Government Code §66499.1 for faithful performance and §66499.2 for labor and materials. The amounts of the bonds shall be 100% of the total estimated value of the public improvements consistent with §66499.3. In addition, the City requires a warranty bond (often referred to as a maintenance bond) for 10% of the estimated value. The warranty bond shall be active for one-year following formal acceptance of the improvements. All submitted securities are subject to review and approval by the City Attorney. In addition, final maps and the associated Subdivision Agreement are subject to approval by the City Council. (Address this condition prior to map approval)

94. CITY SURVEYOR: The City utilizes the services of an outside consultant to certify the technical accuracy of subdivision maps as City Land Surveyor pursuant to California Government Code §66451.1. In order to provide this service, the consultant will submit a proposal to the City for the estimated cost of the work. The estimate will be presented to the applicant together with the City’s administrative markup according to the City’s adopted Master Fee Schedule. Review of the subdivision map cannot commence until the applicant has submitted payment to the City for these costs. If the ultimate fee at the conclusion of the work is less than this payment, the applicant will be refunded the difference. If the ultimate fee is more than this payment, then the applicant shall submit payment for the difference before the consultant certifies the map.

The following statement shall be included on the cover sheet of the map: “I, [NAME PROVIDED BY CITY], P.L.S, Acting City Surveyor for the City of Pleasanton, Alameda County, California, do hereby state that I have examined this map entitled “[MAP NAME/NUMBER]”, and I am satisfied that said map is technically correct. [SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to map approval)

95. DEDICATIONS TO THE CITY: Dedications to the City shall conform to the following standards whether dedicated on a subdivision map or by recorded separate instrument:
a. Right-of-way dedications for roadways or similar access shall be offered irrevocably to the City pursuant to California Government Code Section 7050. Right-of-way is defined in Pleasanton Municipal Code §13.04.010.
b. Public Service Easements (PSE) shall be granted to the City in accordance with Pleasanton Municipal Code §19.24.190 and 19.36.110. PSEs shall be offered as an easement for public purposes including but not limited to installation, construction,

access, and maintenance of all public services facilities above and below the ground surface including poles, wires, conduits, vaults, cabinets, retaining walls, sanitary sewers, storm drains, gas lines, and water lines as well as all those public utilities and appurtenances thereto as subject to regulation under Pleasanton Municipal Code Chapter 13.04. Consistent with California Government Code Section 66439(d)(3), the offer shall include the statement, “The real property described below is dedicated as an easement for public purposes…”
(Address this condition prior to recordation of map or separate instrument title documents granting rights to the City)

96. DATUM FOR VERTICAL CONTROL: Vertical control surveying for all improvements to be constructed shall be based on the North American Vertical Datum of 1988 (NAVD 88). Any benchmarks used that relied on the National Geodetic Vertical Datum of 1929 (NGVD 29) shall be converted to NAVD 88 when presented on plans. The location of the benchmark and source of data must also be disclosed on the plans. (Address this condition prior to plan approval)

97. SURVEY MONUMENTS FOR HORIZONTAL CONTROL: Final maps shall include sufficient durable survey monuments to allow the subdivision to be retraced in conformance with Pleasanton Municipal Code §19.24.220. Setting of monuments shall be in accordance with California Government Code §66495-66498. The surveyor shall give notice to the City Engineer when final monuments have been set, and when payment for said work has been received from the subdivider. (Address this condition prior to acceptance of improvements)

98. STORMWATER HYDRAULICS: The City’s storm drainage network has been designed in accordance with the Alameda County Hydrology and Hydraulics Manual published by the Alameda County Flood Control & Water Conservation District. Said manual is available for download at:
https://acfloodcontrol.org/the-work-we-do/the-work-we-do-hydrology-manual/ The City is located in Zone 7, and its storm drain pipe network is considered a secondary facility. Any connections to, additions, or upgrades to the City’s pipe network shall be designed in accordance with the manual. Calculations submitted for review/approval shall be presented in a format consistent with the “Calculation Form – District Rational Method” available in the manual. The calculations shall demonstrate adequate freeboard given the design storm event assuming all bioretention areas are overflowing. Said calculations shall be prepared, stamped, and signed by a California-licensed civil engineer. (Address this condition prior to plan approval)

99. EMERGENCY OVERLAND STORMWATER FLOW/SUMP PROPERTIES: All properties shall be designed with an emergency overland flow path to direct storm runoff to the nearest public street or open flood control facility in the event on-site pipes become plugged. The flow path shall be lower than the finish floor elevation of all habitable structures. The flow path cannot rely on neighboring properties unless a storm drain easement across the neighbor is obtained.

Sump properties must be designed to discharge the 50-year recurrence interval storm event through the pipe network before habitable structures become inundated. (Address this condition prior to plan approval)

100.POTABLE WATER SYSTEM DESIGN STANDARDS: All permanent connections to the City’s potable water network shall conform to Pleasanton Municipal Code §14.04.050. Any required water pressure and/or flow needed by the applicant beyond that available from the network at the point-of-connection must be provided by the applicant as a private improvement on the customer side of the meter or backflow prevention device. All extensions or upgrades to the potable water network shall be designed to satisfy the following minimum standards:
a. Minimum number of valves:
i. 3 at cross intersections
ii. 2 at “T” intersections
iii. 500 feet maximum spacing
iv. 1 valve at each fire hydrant lateral
v. Pressure regulating valve station required between pressure zones b. Minimum number of fire hydrants (subject to approval by Livermore-Pleasanton Fire Department (LPFD) Fire Marshal:
i. 1 hydrant within 250 feet of any existing or proposed structure ii. 2 hydrants within 500 feet of any commercial, multi-family residential, industrial, or school building
c. Minimum pipe size: 8-inch diameter
d. Minimum depth of cover over pipe: 42 inches
e. Blowoff requirements:
i. At all dead ends whether temporary or permanent
ii. At all low points in the line
f. Maximum flow velocity: 10 feet per second (fps)
g. Minimum fire flows in gallons per minute (gpm):
i. 1,500 gpm for 2 hours (rural residential)
ii. 2,000 to 2,500 gpm for 2 hours (single family residential) iii. 2,500 gpm for 2 hours (multi-family residential)
iv. 2,500 gpm for 2 hours (social/recreation)
v. 3,500 gpm for 2 hours (schools/commercial/public/institutional) vi. 4,000 gpm for 4 hours (industrial in the lower pressure zone only) vii. 5,000 gpm for 4 hours (industrial in all other pressure zones) h. Minimum pressures:
i. 40 psi (peak hour demand)
ii. 20 psi (maximum day demand plus fire flows)
(Address this condition prior to plan approval)
101.RECYCLED WATER SYSTEM DESIGN STANDARDS: All connections to the City’s recycled water system shall conform to Pleasanton Municipal Code §14.06.020 et seq. and Chapter

14.20. All new development within the recycled water use area shall use recycled water for landscape irrigation unless granted an exemption from the City Engineer. Tertiary treated recycled water comes from the Dublin San Ramon Services District wastewater treatment plant in conformance with Title 22, Division 4 of the California Code of Regulations. The recycled water is intended for landscape irrigation, and cannot be used in ways that may threaten public health. A map of the current network is available for download at:

http://admin.cityofpleasantonca.gov/civicax/filebank/blobdload.aspx?BlobID=30934 102.UTILITY ENCLOSURES: Proposed utility enclosures including vaults, meter boxes, splice boxes, and pedestals shall be installed in the public right-of-way, in a public service easement (PSE), or in a utility company specific easement. The locations for utility enclosures shall be considered in the following order of preference: (1) PSE area behind public sidewalk; (2) parkstrip area between the roadway curb & gutter and the sidewalk; (3) within the public sidewalk set flush to grade; (4) within driveway approach areas set flush to the surface with traffic-rated lids. In no case shall an above-ground pedestal or utility cabinet obstruct sight-line visibility for vehicle drivers at intersections or driveways. Above-ground pedestals or utility cabinets are preferred within the side-yard area of a corner residential lot rather than the front- yard. Deviations from this standard must be approved by the City Engineer. (Address this condition prior to plan approval)
103.DRY UTILITIES (ELECTRICITY, CATV, TELECOM): All dry utilities including electricity, telecommunications, cable television, street lights, alarm systems, etc. required to serve the project shall be installed underground from the point-of-connection at the utility purveyor’s network to the service point. Aerial drops from utility poles will not be allowed without prior approval of the City Engineer. (Address this condition prior to plan approval) 104.ENCROACHMENT PERMIT: Any work performed within the City’s right-of-way, City easements, or City-owned property shall be subject to an Encroachment Permit as defined in Pleasanton Municipal Code Chapter 13.04. All encroachment permit work is subject to adopted City of Pleasanton Standard Specifications and Details, and shall be performed by properly- licensed contractors as determined by the City Engineer. Said contractors must provide evidence of proper licensure, insurance and City-issued Business License upon application for a permit. (Address this condition prior to permit issuance) 105.HAUL ROUTE: Deliveries to and from the project site shall conform to the Commercial Vehicle Regulations included in Pleasanton Municipal Code Chapter 11.48. Vehicles with gross weights exceeding 3 tons but less than 8 tons are prohibited on any City roadway other than those designated a Commercial Vehicle Route unless a Transportation Permit has first been obtained.

Said Commercial Vehicle Routes include First Street, Stanley Boulevard, and Sunol Boulevard.

In addition to weight restrictions, vehicles that exceed 96 inches in width and/or 60 feet in length are also required to obtain a Transportation Permit. For information about Transportation Permits call 925-931-5677. (Address this condition prior to permit issuance) 106.CONSTRUCTION GENERAL PERMIT: This application is subject to a Construction General Permit according to the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002. The general permit is applicable to development sites that disturb one or more acres of land surface. The applicant will be required to register the project with the State Water Board’s Stormwater Multi-Application and Report Tracking System (SMARTS) website. A Qualified SWPPP Developer (QSD) and a Qualified SWPPP Practitioner (QSP) must be responsible for permit compliance. The SMARTS system will generate a Waste Dischargers Identification (WDID) number, which must be printed on the grading and/or erosion control plans. (Address this condition prior to permit issuance)

107.TEMPORARY TRAFFIC CONTROL: Work in the public right-of-way or publicly-accessible easement areas require submittal, review, approval, and implementation of a temporary traffic control plan. The plan shall be in writing and subject to review and approval of the City’s Traffic Engineer. The plan must conform to the California Manual on Uniform Traffic Control Devices (C MUTCD), with specific emphasis on Part 6 “Temporary Traffic Control”.

If Flaggers will be utilized, said personnel must be trained in the proper fundamentals of flagging moving traffic before entering the right-of-way. The City may demand to see evidence of said training before allowing said personnel into the right-of-way.

Prior to work within a traffic signal-controlled intersection, the applicant shall request the City place the signal on all-directions flashing red. Temporary STOP (R1-1) signs shall be placed at each approach leg.

Any alterations to pedestrian paths of travel must conform to current standards for the disabled.

Any walking member of the public with a visual impairment (cane or guide dog) must be escorted through the construction zone. (Address this condition during construction) 108.HIGH VISIBILITY SAFETY APPAREL: All workers on foot who are exposed to the hazard of vehicular traffic shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004 Performance Class 2, high visibility safety apparel and headwear, or any updates adopted by Cal OSHA. During hours of darkness, warning garments shall be retroreflective with visibility from a minimum 1,000 feet. (Address this condition during construction)
109.EXCAVATION SAFETY: All excavations must be performed in conformance with California Government Code Section 4216 et seq. No excavation shall occur until proper notice is provided to Underground Service Alert (usanorth811.org) by calling either 811 or 800-642-2444 at least 72-hours prior to the work so buried utilities can be marked. All excavations shall be covered or barricaded to prevent entry when work is inactive. Open excavations in the public right-of-way must be covered by skid-resistant steel plates that are firmly affixed to the surface with leading edges ramped. Excavations 5-feet and deeper require a protective system as defined by Cal-OSHA. If a shoring system or trench boxes will be utilized as the protective system, said system shall either be manufactured and installed according to manufacturer recommendations, or designed by a registered professional engineer and installed according to approved plans. (Address this condition during construction) 110.POLLUTANT REDUCTION IN STORMWATER: At no time during construction of the project shall pollutants be allowed to enter, clog, or contaminate storm drain pipe networks or open stormwater channels in violation of Pleasanton Municipal Code §9.14.080 et seq. The applicant shall contain all trash and debris for proper disposal to authorized landfills or recyclers. Erosion control features shall be deployed during the rainy season that extends from October 1st to April 15th each year, or any time rain is forecast outside of this period. Best Management Practices (BMPs) shall be strictly followed. Street sweepers must be employed if soil or debris is tracked onto the public roads from vehicles exiting the site. Standard BMPs are available from the California Stormwater Quality Association (CASQA), the United States Environmental Protection

Agency (EPA), Caltrans, and others. Notes and/or illustrations shall be added to the plans that describe the BMPs to be utilized during construction. The use of manufactured erosion control woven blankets and straw wattles that utilize plastic monofilament netting is specifically prohibited. (Address this condition during construction) 111.SWPPP REPORTING: Copies of any monitoring and/or sampling reports required by the stormwater pollution prevention plan (SWPPP) and submitted by the Legally Responsible Person (LRP) to the State of California’s SMARTS database shall also be submitted to the City of Pleasanton inspector assigned to the project. The LRP shall also submit to the City a copy of the required Annual Report no later than September 1st of each year that construction is active or when erosion control features have been deployed. The report must include a summary of all sampling and analysis performed (Risk Levels 2 and 3 only), a log of all inspections performed including Rain Event Action Plans (REAP), a summary of any required corrective actions taken, and a summary of any violations. (Address this condition during construction) 112.DUST CONTROL: Dust control measures must be employed during all phases of construction to prevent airborne nuisance to neighboring properties. All stockpiles or unused materials that can create dust shall be covered or removed. Exposed soil areas shall be routinely watered until surfacing materials or landscaping is installed. Use of dust palliatives shall conform to Caltrans Standard Specification Section 18. Any damage caused by airborne dust to neighboring properties shall be cleaned with costs paid by the applicant. If the applicant fails the address dust as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction) 113.PROPERTY NUISANCE: At no time during construction of the project shall the condition of the property become a nuisance as defined in Pleasanton Municipal Code §9.28.020. The City shall have the right to inspect the property for conditions that violate the code standard. If a nuisance is found, the applicant shall immediately submit a plan of correction. Depending on the severity of the nuisance, the City may suspend all construction work until the condition is corrected. Any of the following conditions shall be considered severe: Leaking chemicals that can cause environmental damage; open excavations or any excavation deeper than 4 feet that lacks proper shoring; unsecured materials that can fall to the ground causing damage or injury; open or exposed utilities that could cause electrical shock or contamination of sewer, potable water systems, groundwater wells, or storm drainage networks. If the applicant fails the address the nuisance as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction) 114.NOISE: Construction noise is regulated under Pleasanton Municipal Code Chapter 9.04. Noise is prohibited outside of the hours of 8:00 am and 8:00 pm daily except Sundays and holidays when noise is prohibited outside the hours of 10:00 am and 6:00 pm. Noise is defined as a level exceeding 83 dBA at a distance of 25 feet or 86 dBA at any point beyond the boundary of the property under construction. If the applicant fails the address the noise as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. Exceptions to these regulations require a special permit granted by the City for circumstances when strict

compliance would be impractical or unreasonable, and contingent upon proper noticing to surrounding property owners that includes the dates and times when noise levels will be exceeded and the specific reasons why an exception to the regulation has been granted. (Address this condition during construction)
115.DROUGHT RESTRICTIONS: If the City Council declares a drought during a time when this development is under construction, as described in §9.30.010 et seq. of the Pleasanton Municipal Code, the applicant shall utilize only recycled water under Stage 1 or greater restrictions for all non-potable construction-related water needs. Recycled water is available at designated locations within the City, subject to the applicant’s receipt of a temporary hydrant meter from the Operations Service Center located at 3333 Busch Road. The applicant is responsible for all water costs based on current billing rates. (Address this condition during construction)
116.GEOTECHNICAL FINAL REPORT: At the conclusion of construction, the applicant shall submit to the City a final report from the Geotechnical Engineer or Certified Engineering Geologist testifying to the successful completion of all material testing and/or observation work performed.

The final report must provide assurance that all recommendations had been strictly followed.

The applicant shall bear all costs associated with this condition. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit) 117.GEOGRAPHIC INFORMATION SYSTEMS: The City’s Geographic Information Systems (GIS) staff publishes digital maps that enable first responders to efficiently navigate to locations where calls for service have been requested. The maps are also shared with agencies and departments that provide other critical services to residents such as mail delivery. To keep these maps current, the City requires as-built plan or map information to be submitted by the applicant in a format that integrates with ArcGIS by ESRI. The “Digital Submittal Requirements” are available for download at the following weblink:
https://www.cityofpleasantonca.gov/gov/depts/gis.asp
(Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit)
118.DAMAGE TO EXISTING PUBLIC OR PRIVATE IMPROVEMENTS: The applicant shall repair damage to existing public or private improvements on and near the project site and along the haul route at the applicant’s expense if caused by construction activities. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit) OPERATIONS SERVICES DEPARTMENT – ENVIRONMENTAL SERVICES/UTILITIES DIVISION - 925-931-5500
119.FULL TRASH CAPTURE DEVICES: The applicant shall install trash capture devices at each upstream connection point to the public storm drain system subject to the review and approval of the Director of Engineering/City Engineer. Stormwater treatment controls, proposed in compliance with Provision C.3 of NPDES Permit No. CAS612008, shall also prevent the discharge of trash to the downstream municipal separate storm sewer systems and receiving waters. Discharge points from these treatment control facilities, including overflows, shall be appropriately screened (5 mm

mesh screen) or otherwise configured to meet the full trash capture screening specification for storm flows up to the full trash capture 1-year, 1-hour storm hydraulic specification, in compliance with the NPDES Permit No. CAS612008. The applicant shall submit a Stormwater Management Plan as part of the improvement plans prepared by a California licensed civil engineer, which include but is not limited to the type, location, and sizing calculations of the treatment controls that will be installed. Full trash capture devices shall be a part of the “Stormwater Treatment Measures and Maintenance Agreement
END

ATTACHMENT 3
RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE

CITY OF PLEASANTON AND CATALYST DEVELOPMENT PARTNERS, LLC, FOR THE 57-UNIT PROJECT WHICH INCLUDES NINE LOW-INCOME ONE- BEDROOM UNITS AT 3200 HOPYARD ROAD
WHEREAS, Catalyst Development Partners, LLC, (“Catalyst”) has made an application to the City for an Affordable Housing Agreement related to its 57-unit townhome style condominium project consisting of 9 three-story buildings on a 2.99-acre site currently occupied by the Harvest Valley Christian Church and associated daycare center, located at 3200 Hopyard Road, and approved by Design Review (P23-0177) and Vesting Tentative Map 8672 (the “57-Unit Project”); and WHEREAS, at its meeting of March 21, 2024, the Housing Commission reviewed and recommended approval of the Affordable Housing Agreement for the 57-Unit Project that provides that Catalyst shall provide on-site nine (9) one-bedroom apartment units to households of low-income, which inclusionary units are to be rented or sold to qualified households, or non-profit housing providers, to meet the Project’s requirements under the Inclusionary Zoning Ordinance; and
WHEREAS, a public hearing was held by the City Council on April 16, 2024, at which time the public was given the opportunity to comment on the Affordable Housing Agreement for the 57-Unit Project; and
WHEREAS, the City Council considered all the information regarding the terms of the Affordable Housing Agreement.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING:

SECTION 1. Finds that the Consistency Checklist for the 57-Unit Project and the Affordable Housing Agreement is in conformance with the analysis and conclusions of the Pleasanton General Plan 2005-2025 (“General Plan”) Program Environmental Impact Report (“EIR”) (State Clearinghouse No. 205122139) and qualifies for an exemption from additional environmental review under CEQA Guidelines Section 15183 because the 57- Unit Project and the Affordable Housing Agreement are consistent with the development density and land use characteristics established by the City as analyzed by the General Plan EIR.

SECTION 2.Finds that the proposed Affordable Housing Agreement between the City and Catalyst is consistent with the City’s General Plan and the objectives of the City’s affordable housing polices, including fulfilling the requirements of Municipal Code Chapters

17.40 Affordable Housing Fees and 17.44 Inclusionary Zoning.

2 SECTION 3. Approves the Affordable Housing Agreement between the City and Catalyst, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and authorizes the City Manager to execute the Affordable Housing Agreement in generally the form attached as Exhibit A, subject to minor amendments and the approval by the City Attorney.

SECTION 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________________
Daniel Sodergren, City Attorney

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ALTERNATIVE I – 57 TOTAL UNITS
Recorded at the request of
and when recorded return to:

City of Pleasanton Office
of the City Clerk
P. O. Box 520 Pleasanton,
CA 94566
[This document is exempt from recording fees
Pursuant to Government Code§ 27383 and
Exempt from Documentary Transfer Tax pursuant
To Revenue and Taxation Code§ 11922]

AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of , 2024, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and CDP HOPYARD LLC, a Delaware limited liability company (“Owner”).

RECITALS
A. Owner currently owns a legal or equitable interest in land consisting of approximately three (3.0) acres in Pleasanton, California, more particularly described in Attachment 1 attached hereto and incorporated herein by reference (the "Property").

B. For the Property, Owner has obtained City approval (Design Review P23-0177 and Vesting Tentative Tract Map P23 -0178) to develop a 57 -unit multi -family residential project (collectively the "Project").

C. Owner and the City wish to make a certain number of the units within the Project available to households with incomes generally at or below eighty percent (80%) (low income) of the Area Median Income, as further described in Attachment 3 attached hereto and incorporated herein by reference (“Affordable Units”).

D. The City is also seeking Owner consideration of for-sale alternatives to meet the inclusionary zoning requirements for this Project, with the City’s understanding that Owner has discretion to consider such for-sale alternatives, and the parties do not want consideration of for- sale alternatives to delay the project.

E. Area Median Income (AMI) shall mean the area median income for the San Francisco-Oakland-Fremont Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development (HUD) pursuant to Section 8 of the United State Housing Act of 1937 or any successor statute.

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F. Execution of this Agreement meets the requirements of the City’s Inclusionary Zoning Ordinance for the Project and shall be in lieu of paying the City’s Affordable Housing Fee for the Project.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Owner agree as follows:

1. Of the 57 multi-family units, nine (9) shall be Affordable Units. These Affordable Units shall be maintained as affordable through one of the following methods: (i) rented by Owner, or Owner’s successor in interest; or (ii) sold to a non-profit affordable housing operator or to an income-qualified household in compliance with the City’s purchase price limits, based on down payment and number of occupants. If rented, the Affordable Units are “Rental Affordable Units.” If sold, the Affordable Units are “For-Sale Affordable Units.” Whether to agree to either for- sale alternative shall be in the discretion of the Owner, and the parties understand that consideration of for-sale alternatives shall not delay the Project.

2. The Affordable Units shall be available: for rent to households at or below eighty percent (80%) of the Area Median Income; or if sold at or below eighty percent (80%) of the Area Median Income, at the price levels provided in Cal ifornia Government Code section 65915 (California Density Bonus Law) and the City’s Inclusionary Housing Ordinance.

3. The Affordable units shall be consistent with the following:

A. The Affordable unit mix shall be as follows:

Unit Type Low Income
(At or below
80% of AMI)
1 Bedroom 9
Total: 9
B. Affordable unit rents or sales price shall be based on the following household sizes:

Unit Type Household Size
1 Bedroom Unit Two (2) person household
C. The Affordable Units shall be dispersed throughout the Project unless otherwise approved by the City.

D. The Affordable Units shall have comparable interior standards of quality as the market rate units but may have fewer amenities. For purposes of this Agreement, “Amenities” shall mean any interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as co nveniences rather than as necessities. Amenities include things such as “fireplaces, garbage disposals, dishwashers, cabinet and storage space, and bathrooms in excess of one” but does not include items required by city building codes or other ordinances that are necessary to ensure the safety of the building and its residents.

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E. All Affordable Units shall remain affordable in perpetuity.

4. Rental Affordable Units Requirements
A. Rent charged for Rental Affordable Units shall be based on the Area Median Income (AMI) at the time the City issues Certificate of Occupancy and shall adjust consistent with HUD’s adjustment in the AMI. If HUD fails to issue revised Area Median Income/household income statistics for the San Francisco -Oakland- Fremont Metropolitan Statistical Area within 15 months of the previous revision, rents for the Rental Affordable Units may be adjusted based on the annual percentage change in the San Francisco-Oakland Consumer Price Index for urban wage earners and clerical workers.

B. The rents described herein shall exclude utilities in the broadest sense, including, but not limited to gas, electricity, water, garbage, television cable, telephone, and internet service; provided, however, that if any or all of such utilities are offered at no cost to market rate units they shall also be offered at no cost to the Rental Affordable Units.

C. Once each year on January 15th, the Owner (or the Owner’s successor in interest if Owner has sold the Affordable Rental Unit(s)) shall provide the City a report detailing the average annual income of tenants occupying the Rental Affordable Units for the income categor y listed in Section 3(A) above, the number of persons each household occupying the Rental Affordable Units, the number of vacancies, and new rentals during the year for the Rental Affordable Units. This report may also be compiled by the Project’s homeowners’ association (HOA) or a third-party management company.

D. All Rental Affordable Units shall be rented to qualified applicants in accordance with the City’s adopted Preference System, as may be amended, with the most current version set forth in Attachment 2, to the extent consistent with state and federal law, and unless otherwise amended by federal or state law governing fair housing upon which the City and Owner shall mutually agree to a different process as permitted by such laws. The City’s Preference System shall not be adjusted based on household income.

E. The HOA can assume all responsibility to market and manage the Rental Affordable Units. If the HOA assumes responsibility, the HOA shall engage a third-party property management company (which possesses experience in management of similar, low -income inclusionary units in California) to perform day to day management responsibilities, assure compliance with this Agreement, and prepare and deliver requisite reporting to the City (see item 1.

C. above) and any related regulatory agencies. If the HOA does not market, manage, or provide reports for the Rental Affordable Units as required by this Agreement, Owner, or Owner’s successor in int erest if Owner has sold the Affordable Rental Unit(s), shall be individually responsible for compliance with these requirements and conditions. Upon Owner selling the Rental Affordable Unit(s), then Owner shall have no marketing or management responsibility.

F. Owner shall accept Section 8 vouchers as a means of assisting qualified applicants / residents.

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5. For-Sale Affordable Unit Requirements
A. If the parties agree to have some or all of the nine (9) Affordable Units sold, then such For-Sale Affordable Units shall be subdivided into independent units B. Prior to the formation of a HOA or sale to a resident, whichever occurs later, the Owner shall maintain the Project and the Property in good repair and working order, reasonable wear and tear excepted, and in a safe and sanitary condition, and from time to time shall make all necessary and proper repairs, renewals, and replacements to keep the Project and the Property in a good, clean, safe, and sanitary condition.

C. Until the first sale, Owner shall comply with all applicable recordkeeping and monitoring requirements set by the City for the For-Sale Affordable Units. Owner agrees to maintain records in businesslike manner, and for a period of five (5) years after the first sale.
i. Upon the sale by the owner of a For -Sale Affordable Unit to a third party, Owner is required to provide City with all transaction records for such sale, but then Owner shall have no further recordkeeping or monitoring requirements for such For -Sale Affordable Unit , except to maintain such sale records for a period of five (5) years.

D. Owner covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall any occupant of any Affordable Unit or any person claiming under or through such occupa nt, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or vendees in the Property. Owner shall include such provision in all deeds and other instruments executed by Owner, and shall enforce the same diligently and in good faith.

E. The Sales Price for the For-Sale Affordable Units shall be agreed upon by Owner and City following the definition in Municipal Code section 17.44.030 and the criteria set forth in Attachment 4 to the extent consistent with State Density Bonus Law.

F. Presale. If there is a standard pre -sale requirement by the For -Sale Affordable Unit applicant's lender for a certain percentage of units in the Project to be sold before the For -Sale Affordable Unit applicant's lender will close escrow on the loan, then the time for the City's purchase or the buyer's purchase will be extended until that requisite number of units has closed.

G. Third Party Purchasers. The execution and delivery of this Agreement shall not be deemed to be for the benefit of the third -party purchasers of any For -Sale Affordable Unit or any other third party and any and all obligations and responsibilities of Owner under this Agreement are to the City for whose benefit

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this Agreement has been entered into. No third-party purchaser of a For-Sale Affordable Unit or market rate unit, homeowners’ association or any other third party shall obtain any rights or standing to complain that the For-Sale Affordable Unit was not constructed, designed, sold or conveyed in accordance with this Agreement or an y oth er applicabl e Cit y requirements as a result of this Agreement.

6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns, to the extent consistent with the foregoing provisions if this Agreement.

7. Owner shall have the right to transfer and assign all of its rights, duties and obligations under this Agreement to any person or entity acquiring fee simple title to any portion of the Property. Owner shall be immediately released from its obligations under this Agreement upon such assignment so long as: (i) Owner was not in default of this Agreement at the time of conveyance, (ii) Owner provided to City prior written notice of such transfer, and (iii) the transferee executes and delivers to City a written assumption agreement in which: (1) the name and address of the transferee is se t forth, and (2) the transferee expressly assumes the obligations of Owner under this Agreement. Failure to deliver a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement.

8. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

9. If Owner fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Owner shall be in default hereunder and the City’s sole remedy hereunder shall be to pursue an action for specific performance against Owner.

10. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, or sent by prepaid registered or certified mail with return receipt requested, and shall be deemed to have been given on the earliest of (1) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to “business days” herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section):

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If to the City, at:

City of Pleasanton Attention: City Manager
P.O. Box 520
Pleasanton, CA 94566
If to the Owner, at:

CDP Hopyard LLC
Attention: Todd Deutscher
675 Hartz Avenue, Suite 301
Danville, CA 94526
With a Copy to:

Cox, Castle & Nicholson, LLP
Attention: Linda Klein
50 California Street, Suite 3200
San Francisco, CA 94111
Notice to Owner’s successor in interest for each market rate unit which shares ownership with an Affordable unit shall be to the owner listed in the Alameda County Assessor’s Office records if Owner has not provided City with transferee information as provided in Section 5, above.

11. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any tenant or Third Party Purchaser of the Project.

12. Counterparts. This Agreement may be executed in counterparts, and when all counterpart documents are executed, the counterparts shall constitute a single binding agreement.

13. This Agreement shall be recorded in Alameda County and shall run with the land.

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THIS AGREEMENT is executed as of the date and year first above written.

CITY:

CITY OF PLEASANTON, a Municipal Corporation
By:

Gerry Beaudin, City Manager
ATTEST:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney
Owner:

CDP Hopyard, a Delaware limited liability company
By: CDP MM LLC, a CA limited liability company,
its Managing Member
By:

Title:

Attachments:

1. Legal Description

2. City of Pleasanton’s Preference System

3. Identification of Affordable Units

4. Criteria for For-Sale Affordable Units Sales Price Setting

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ATTACHMENT 4
Criteria for For-Sale Affordable Units Sales Price Setting A. The Affordable Sales Price for the For -Sale Affordable Units shall meet the definition in Municipal Code section 17.44.030, and California Density Bonus Law, as reasonably determined by the City and its consultant Bay Area Affordable Homeownership Alliance, Inc. (BAAHA) , and criteria for such calculation will include the definitions and standards set forth below: the “Sales Price” shall be calculated by adding the cash down payment, to the Maximum Mortgage Amount, less lender and escrow fees and costs incurred by the buyer. The Sales Price shall be set before t he commencement of the sale process for the For -Sale Affordable Units.
i. The “Smallest Household Size” means the household with the smallest number of persons eligible for the For-Sale Affordable Units, as stated in Section 3.B of the Agreement.
ii. The current “Maximum Eligible Income” shall be the most current State Income Limit for Alameda County, Low Income (60% to 80% of AMI) category, as published by the State of California Department of Housing and Community Development, for the Smallest Household Size.
iii. The “Maximum Allowable Monthly Housing Expenses” is calculated by multiplying the Maximum Eligible Income by 33 percent and dividing by

12. iv. The “Actual Monthly Housing Expenses” are calculated by adding the following costs associated with a particular For -Sale Affordable Unit and dividing by 12: (i) any loan fees, escrow fees and other closing costs (amortized over 360 months) and/or private mortgage insurance associated therewith; (ii) property taxes and assessments; (iii) fire, casualty insurance and flood insurance, if required; ( iv) a reasonable allowance for utilities as set forth in the Guidelines, not including telephones, and (v) homeowners association fees, but less the amount of such homeowners association fees allocated for any costs attributable to (iii) or (iv) above.
v. The “Maximum Monthly Mortgage Payment Amount” is calculated by subtracting the Actual Monthly Housing Expenses from the Maximum Allowable Monthly Housing Expenses.
vi. The “Maximum Mortgage Amount” is established by determining the amount of mortgage that a lender would loan, based upon the Maximum Monthly Mortgage Payment Amount and based upon the down payment found to be the lowest that lenders are willing to accept in a survey of lenders as described below , provided that the down payment is a commercially reasonable minimum amount. BAAHA may use commercially reasonable data or survey and take the average of at least three local lenders who regularly make home loans at a typical

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housing expense ratio to first-time buyers in the price range of the For- Sale Affordable Unit on the day that the price is set. The mortgage amount shall be for a 30 -year fixed rate mortgage with standard fees, closing costs and no points, and shall be less than or equal to the Maximum Monthly Mortgage Amount . Notwithstanding the foregoing, the average down payment calculation shall not include a zero down payment option.

B. Additional Sales Price Factors. The calculation of the Sales Price shall be based upon the factors defined below. These definitions conform to the eligibility and underwriting standards established by the major secondary mortgage market investors, such as the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
i. Mortgage Interest Rate. The mean average of contract interest rates on the date that the Sales Price is set, for fixed rate, 30 -year “Conforming” mortgages (presently $ 1,149,825 or less in Alameda County , as such amount may be adjusted from time to time as the maximum amount of FHA Conforming mortgages), or for jumbo mortgages if applicable; as quoted by three local retail lenders. The three local retail lenders shall be selected at random by BAAHA from the list of lenders certified by Alameda County to make first mortgage loans with Mortgage Credit Certificates, as defined by the California Debt Limit Allocation Committee (CDLAC) , or from a list of commercially reasonable data.
ii. Points. The mean average of points quoted by three local lenders that make mortgage loans to first time home buyers in the City on the date that the Sales Price is set for fixed rate, 30-year mortgages of $822,375 or less, or for jumbo mortgages if applic able, which lenders are selected on a random basis by BAAHA or from commercially reasonable data. Points are a one-time fee paid to a lender for making a loan. One point is equal to one percent of the loan amount.
iii. Lender/Escrow Fees. The mean average of fees charged by three local lenders that make mortgage loans to hom ebuyers, which lenders are selected on a random basis by BAAHA or from commercially reasonable data, plus escrow company fees, for such items as title insurance, appraisal, escrow fees, document preparation and recording fees. iv. Loan to Value Ratio. The maximum ratio of the dollar amount of a conforming mortgage to the sales price of a home which a lender is willing to approve at a given point in time. For purposes of this Agreement, the loan to value ratio shall be calculated as the mean average of the maximum loan to value ratios as quoted by three local lenders selected on a random basis by BAAHA or from commercially reasonable data or from a list of lenders who actively make loans to homebuyers and who participate in the Mortgage Credit Certificate program.
v. Housing Expense Ratio. The mean average of the housing expense ratio as reported on the date that the sales price is set, for fixed rate, 30 -year mortgages of $1,149,825 or less, or for jumbo mortgages if applicable, by three local lenders that make mortgage loans to homebuyers in the City,

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which lenders are selected on a random basis by BAAHA or from commercially reasonable data. Housing expense is defined as the sum of the annual mortgage payment (including principal and interest), and annual payments for taxes, homeowners association dues, insurance, property maintenance and repairs, a reasonable allowance for utilities according to the Alameda County Housing Authority Utility Financial Allowance Chart which is periodically updated and amended, and any secondary financing (but excluding any portion of the aforementioned expenses covered by homeowners association dues). To determine the ratio, this sum is divided by gross annual income.
vi. Homeowners Insurance. Calculated as the mean average of the annual cost of insurance quoted by two or three local brokers, or BAAHA may use commercially reasonable data, based on their experience, for a housing unit of the price, room configuration, location, construction material and structure type of the subject For -Sale Affordable Unit. Flood insurance costs, if required, shall be calculated by this same method. vii. Private Mortgage Insurance. The mean average of the annual cost of private mortgage insurance quoted by two or three local lenders, or BAAHA may use commercially reasonable data, based on their experience, for a housing unit of the price, location, and structure type of the subject For - Sale Affordable Unit.
viii. Taxes. The tax rate as reported by the Alameda County Assessor’s Office. ix. Homeowner’s Dues. Reported by the Owner and as set forth in the Public Report issued by the California Department of Real Estate for the Project. x. Down Payment. Cash portion paid by a buyer from buyer’s own funds, as opposed to that portion of the purchase price which is financed. For the purpose of calculating the Sales Price, the down payment will be defined as the mean average of the smallest down payment required by the two or three local lenders surveyed, or BAAHA may use commercially reasonable data. The down payment shall be at least a commercially reasonable minimum.

ATTACHMENT 4
RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF PLEASANTON AND CATALYST DEVELOPMENT PARTNERS, LLC, FOR THE 55- UNIT PROJECT AT 3200 HOPYARD ROAD WHICH INCLUDES EIGHT ONE-

BEDROOM AFFORDABLE UNITS
WHEREAS, Catalyst Development Partners, LLC, (“Catalyst”) has made an application to the City for an Affordable Housing Agreement related to its 55-unit townhome style condominium project consisting of 8 three-story buildings and 2 two-story duet-style buildings on a 2.99-acre site currently occupied by the Harvest Valley Christian Church and associated daycare center, located at 3200 Hopyard Road, and approved by Design Review (P23-0177) and Vesting Tentative Map 8672 (the “55-Unit Project”); and WHEREAS, at its meeting of March 21, 2024, the Housing Commission reviewed and recommended approval of a prior proposal for an Affordable Housing Agreement for the 55-Unit Project that provided for: (a) eight (8) on-site one-bedroom apartment units to be sold to households or housing providers of moderate-income; and (b) pay the amount of $77,228 in affordable housing fees, but also for the City to consider use of all available means to create deeper affordability to meet the requirements of the Inclusionary Zoning Ordinance; and
WHEREAS, at its meetings of February 28 and March 13, 2024, the Planning Commission considered the project, and while not within its jurisdiction, recommended that the City use Affordable Housing Funds to make the eight units in the 55-unit project more affordable; and
WHEREAS, Catalyst’s proposal for eight on-site units is a concept for meeting the requirements of the Inclusionary Zoning Ordinance allowed by Pleasanton Municipal Code §17.44.080.D. Alternative Methods of Compliance; and WHEREAS, based on the policy interest of the City and the recommendations of the Planning Commission and Housing Commission, staff has been in discussions with Catalyst to make the units affordable to lower-income households and housing providers through a process of Catalyst accepting a price per unit of $375,000 which is closer to median income (100% AMI) and the City using affordable housing funds to create greater affordability to the low-income (80% AMI) levels; and
WHEREAS, a public hearing was held by the City Council on April 16, 2024, at which time the public was given the opportunity to comment on the Affordable Housing Agreement for the 55-Unit Project; and
WHEREAS, Pleasanton Municipal Code §17.40.090 allows the use of the Affordable Housing Fund to support affordability; and

2 WHEREAS, the City Council considered all the information regarding the terms of the Affordable Housing Agreement.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING:

SECTION 1. Finds that the Consistency Checklist for the 55-Unit Project and the Affordable Housing Agreement is in conformance with the analysis and conclusions of the Pleasanton General Plan 2005-2025 (“General Plan”) Program Environmental Impact Report (“EIR”) (State Clearinghouse No. 205122139) and qualifies for an exemption from additional environmental review under CEQA Guidelines Section 15183 because the 55- Unit Project and the Affordable Housing Agreement are consistent with the development density and land use characteristics established by the City as analyzed by the General Plan EIR.

SECTION 2.Finds that the proposed Affordable Housing Agreement between the City and Catalyst is consistent with the City’s General Plan and the objectives of the City’s affordable housing polices, including fulfilling the requirements of Municipal Code Chapters

17.40 Affordable Housing Fees and 17.44 Inclusionary Zoning.

SECTION 3. Approves the Affordable Housing Agreement between the City and Catalyst, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and authorizes the City Manager to execute the Affordable Housing Agreement in generally the form attached as Exhibit A, subject to amendments and the approval by the City Attorney.

SECTION 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
______________________________
Jocelyn Kwong, City Clerk

3 APPROVED AS TO FORM:
___________________________________
Daniel Sodergren, City Attorney

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ALTERNATIVE II – 55 TOTAL UNITS
Recorded at the request of
and when recorded return to:

City of Pleasanton Office
of the City Clerk
P. O. Box 520
Pleasanton, CA 94566
[This document is exempt from recording fees
Pursuant to Government Code§ 27383 and
Exempt from Documentary Transfer Tax pursuant
To Revenue and Taxation Code§ 11922]

AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of , 2024, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and CDP HOPYARD LLC, a Delaware limited liability company (“Owner”).

RECITALS
A. Owner currently owns a legal or equitable interest in land consisting of approximately three (3.0) acres in Pleasanton, California, more particularly described in Attachment 1 attached hereto and incorporated herein by reference (the "Property").

B. For the Property, Owner has obtained City approval (Design Review P23-0177 and Vesting Tentative Tract Map P23-0178) to develop a 55-unit multi-family residential project (collectively the "Project").

C. Owner and the City wish to make eight one-bedroom units within the Project available for sale to low-income households, as further described in Attachment 3 attached hereto and incorporated herein by reference (“Affordable Units”) by Owner building eight (8) affordable units on-site and receiving revenue equivalent to $375,000 per unit, and City providing for deeper affordability to make such units available to low-income households and housing providers with use of Affordable Housing Fees as permitted in Municipal Code §17.40.090.

D. Area Median Income (AMI) shall mean the area median income for the San Francisco-Oakland-Fremont Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development (HUD) pursuant to Section 8 of the United State Housing Act of 1937 or any successor statute.

E. Execution of this Agreement meets the requirements of the City’s Inclusionary Zoning Ordinance for the Project.

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NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Owner agree as follows:

1. Of the 55 multi-family units, eight (8) shall be Affordable Units. These Affordable Units shall be sold to a low-income qualified households or non-profit housing providers (the buyer) in compliance with the City’s affordable sales price as defined in Municipal Code 17.44.030, and California Density Bonus Law.

Owner shall receive Three Hundred and Seventy-Five Thousand Dollars ($375,000) for each of the Affordable Units by the buyer paying into escrow the affordable price for the unit for a low-income household (80% AMI) and the City using affordable housing funds to put into escrow the balance needed for each such unit. The City’s use of affordable housing funds does not constitute an agreement with a local public housing authority.

2. The Affordable Units shall be available for sale for low-income households; affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 70 percent of area median income adjusted for family size appropriate for the unit. In addition, for any low-income household that has a gross income that exceeds 70 percent of the area median income adjusted for family size, it shall be optional to require that affordable housing cost not exceed 35 percent of the gross income of the household. Sales price for Affordable Units shall be at the price levels provided in California Density Bonus Law.

3. The Affordable Units shall be consistent with the following:

A. The Affordable Unit mix shall be as follows:

Unit Type Low Income
1 Bedroom 8
Total: 8
B. Affordable Unit sales price shall be based on the following household sizes:

Unit Type Household Size
1 Bedroom Unit Two (2) person household
C. The Affordable Units shall be the one-bedroom units as shown in the approved Design Review application.

D. The Affordable Units shall have comparable interior standards of quality as the market rate units but may have fewer amenities. For purposes of this Agreement, “Amenities” shall mean any interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Amenities include things such as “fireplaces, garbage disposals, dishwashers, cabinet and storage space, and bathrooms in excess of one” but does not include items required by city building codes or other ordinances that are necessary to ensure the safety of the building and its residents.

E. All Affordable Units shall remain affordable in perpetuity.

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4. Affordable Unit Requirements
A. Affordable Units shall be subdivided into independent units.

B. Prior to the formation of a homeowners’ association or sale to a resident, whichever occurs later, the Owner shall maintain the Project and the Property in good repair and working order, reasonable wear and tear excepted, and in a safe and sanitary condition, and from time to time shall make all necessary and proper repairs, renewals, and replacements to keep the Project and the Property in a good, clean, safe, and sanitary condition.

C. Until the first sale, Owner shall comply with all applicable recordkeeping and monitoring requirements set by the City for the Affordable Units. Owner agrees to maintain records in businesslike manner, and for a period of five (5) years after the first sale.
i. Upon the sale by the Owner of an Affordable Unit to a third party, Owner is required to provide City with all transaction records for such sale, but then Owner shall have no further recordkeeping or monitoring requirements, except to maintain such original sale records for a period of five (5) years.

D. Owner covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall any occupant of any Affordable Unit or any person claiming under or through such occupant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or vendees in the Property. Owner shall include such provision in all deeds and other instruments executed by Owner, and shall enforce the same diligently and in good faith.

E. The Sales Price for a qualified household or housing provider will be for a low- income household, with City support for such affordability, as provided in Section 1, above.

F. Presale. If there is a standard pre-sale requirement by the Affordable Unit applicant's lender for a certain percentage of units in the Project to be sold before the Affordable Unit applicant's lender will close escrow on the loan, then the time for the buyer's purchase will be extended until that requisite number of units has closed.

G. Third Party Purchasers. The execution and delivery of this Agreement shall not be deemed to be for the benefit of the third-party purchasers of any Affordable Unit or any other third party and any and all obligations and responsibilities of Owner under this Agreement are to the City for whose benefit this Agreement has been entered into. No third-party purchaser of an Affordable Unit or market rate unit, homeowners’ association or any other third party shall obtain any rights or standing to complain that the Affordable Unit was not constructed, designed, sold

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or conveyed in accordance with this Agreement or any other applicable City requirements as a result of this Agreement.

5. As provided in Pleasanton Municipal Code section 17.44.080.D., the provision of the eight (8) low-income Affordable Units on the Property with the City’s use of Affordable Housing Funds to create deeper affordability represents an alternate method of compliance with the inclusionary requirement to otherwise provide very-low or low- income units in a multi-family condominium project to meet the purpose of Pleasanton Municipal Code Chapter 19.44.

6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns, to the extent consistent with the foregoing provisions if this Agreement.

7. Owner shall have the right to transfer and assign all of its rights, duties and obligations under this Agreement to any person or entity acquiring fee simple title to any portion of the Property. Owner shall be immediately released from its obligations under this Agreement upon such assignment so long as: (i) Owner was not in default of this Agreement at the time of conveyance, (ii) Owner provided to City prior written notice of such transfer, and (iii) the transferee executes and delivers to City a written assumption agreement in which: (1) the name and address of the transferee is set forth, and (2) the transferee expressly assumes the obligations of Owner under this Agreement. Failure to deliver a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement.

8. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

9. If Owner fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Owner shall be in default hereunder and the City’s sole remedy hereunder shall be to pursue an action for specific performance against Owner.

10. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, or sent by prepaid registered or certified mail with return receipt requested, and shall be deemed to have been given on the earliest of (1) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to “business days” herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section):

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If to the City, at:

City of Pleasanton Attention: City Manager
P.O. Box 520
Pleasanton, CA 94566
If to the Owner, at:

CDP Hopyard LLC
Attention: Todd Deutscher
675 Hartz Avenue, Suite 301
Danville, CA 94526
With a Copy to:

Cox, Castle & Nicholson, LLP
Attention: Linda Klein
50 California Street, Suite 3200
San Francisco, CA 94111

11. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any tenant or Third-Party Purchaser of the Project.

12. Counterparts. This Agreement may be executed in counterparts, and when all counterpart documents are executed, the counterparts shall constitute a single binding agreement.

13. This Agreement shall be recorded in Alameda County and shall run with the land. ---------- Signatures follow on next page. ----------

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P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

102657\17474715v1
THIS AGREEMENT is executed as of the date and year first above written. CITY:

CITY OF PLEASANTON, a Municipal Corporation
By:

Gerry Beaudin, City Manager
ATTEST:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney
Owner:

CDP Hopyard, a Delaware limited liability company
By: CDP MM LLC, a CA limited liability company,
its Managing Member
By:

Title:

Attachments:

1.Legal Description [To be provided at time of recording]

2.City of Pleasanton’s Preference System [See Resolution No. 21-1199]

3.Identification of Affordable Units [One bedroom units in Design Review plan]

4.Criteria for Affordable Units Sales Price Setting

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

102657\17474715v1
ATTACHMENT 4
Criteria for Affordable Units Sales Price Setting
A. The Affordable Sales Price for the Affordable Units shall meet the definition in Municipal Code section 17.44.030 as reasonably determined by the City and its consultant Bay Area Affordable Homeownership Alliance, Inc. (BAAHA), California Density Bonus Law, and criteria for such calculation will include the definitions and standards set forth below: the “Sales Price” shall be calculated by adding the cash down payment, to the Maximum Mortgage Amount, less lender and escrow fees and costs incurred by the buyer. The Sales Price shall be set before the commencement of the sale process for the Affordable Units.

B. The “Smallest Household Size” means the household with the smallest number of persons eligible for the Affordable Units, as stated in Section 3.B of the Agreement.

C. The current “Maximum Eligible Income” shall be the most current State Income Limit for Alameda County, Low Income (80% of AMI) category, as published by the State of California Department of Housing and Community Development, for the Smallest Household Size.

D. The “Maximum Allowable Monthly Housing Expenses” is calculated by multiplying the Maximum Eligible Income by 35 percent and dividing by 12.

E. The “Actual Monthly Housing Expenses” are calculated by adding the following costs associated with a particular Affordable Unit and dividing by 12: (i) any loan fees, escrow fees and other closing costs (amortized over 360 months) and/or private mortgage insurance associated therewith; (ii) property taxes and assessments; (iii) fire, casualty insurance and flood insurance, if required; (iv) a reasonable allowance for utilities as set forth in the Guidelines, not including telephones, and (v) homeowners association fees, but less the amount of such homeowners association fees allocated for any costs attributable to (iii) or (iv) above.

F. The “Maximum Monthly Mortgage Payment Amount” is calculated by subtracting the Actual Monthly Housing Expenses from the Maximum Allowable Monthly Housing Expenses.

G. The “Maximum Mortgage Amount” is established by determining the amount of mortgage that a lender would loan, based upon the Maximum Monthly Mortgage Payment Amount and based upon the down payment found to be the lowest that lenders are willing to accept in a survey of lenders as described below, provided that the down payment is a commercially reasonable minimum amount. BAAHA may use commercially reasonable data or survey and take the average of at least three local lenders who regularly make home loans at a typical housing expense ratio to first-time buyers in the price range of the Affordable Unit on the day that the price is set. The mortgage amount shall be for a 30-year fixed rate mortgage with standard fees, closing costs and no points, and shall be less than or equal to the Maximum Monthly Mortgage Amount. Notwithstanding the foregoing, the average down payment calculation shall not include a zero down payment option.

H. Additional Sales Price Factors. The calculation of the Sales Price shall be based upon the factors defined below. These definitions conform to the eligibility and underwriting standards established by the major secondary mortgage market investors, such as the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

I. Mortgage Interest Rate. The mean average of contract interest rates on the date that the Sales Price is set, for fixed rate, 30-year “Conforming” mortgages (presently $1,149,825 or less in

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

102657\17474715v1
Alameda County, as such amount may be adjusted from time to time as the maximum amount of FHA Conforming mortgages), or for jumbo mortgages if applicable; as quoted by three local retail lenders, or the published Freddie Mac six-month moving average. The three local retail lenders shall be selected at random by BAAHA from the list of lenders certified by Alameda County to make first mortgage loans with Mortgage Credit Certificates, as defined by the California Debt Limit Allocation Committee (CDLAC), or from a list of commercially reasonable data.

J. Points. The mean average of points quoted by three local lenders that make mortgage loans to first time home buyers in the City on the date that the Sales Price is set for fixed rate, 30-year mortgages of $822,375 or less, or for jumbo mortgages if applicable, which lenders are selected on a random basis by BAAHA or from commercially reasonable data. Points are a one-time fee paid to a lender for making a loan. One point is equal to one percent of the loan amount.

K. Lender/Escrow Fees. The mean average of fees charged by three local lenders that make mortgage loans to homebuyers, which lenders are selected on a random basis by BAAHA or from commercially reasonable data, plus escrow company fees, for such items as title insurance, appraisal, escrow fees, document preparation and recording fees.

L. Loan to Value Ratio. The maximum ratio of the dollar amount of a conforming mortgage to the sales price of a home which a lender is willing to approve at a given point in time. For purposes of this Agreement, the loan to value ratio shall be calculated as the mean average of the maximum loan to value ratios as quoted by three local lenders selected on a random basis by BAAHA or from commercially reasonable data or from a list of lenders who actively make loans to homebuyers and who participate in the Mortgage Credit Certificate program.

M. Housing Expense Ratio. The mean average of the housing expense ratio as reported on the date that the sales price is set, for fixed rate, 30-year mortgages of $1,149,825 or less, or for jumbo mortgages if applicable, by three local lenders that make mortgage loans to homebuyers in the City, which lenders are selected on a random basis by BAAHA or from commercially reasonable data. Housing expense is defined as the sum of the annual mortgage payment (including principal and interest), and annual payments for taxes, homeowners association dues, insurance, property maintenance and repairs, a reasonable allowance for utilities according to the Alameda County Housing Authority Utility Financial Allowance Chart which is periodically updated and amended, and any secondary financing (but excluding any portion of the aforementioned expenses covered by homeowners association dues). To determine the ratio, this sum is divided by gross annual income.

N. Homeowners Insurance. Calculated as the mean average of the annual cost of insurance quoted by two or three local brokers, or BAAHA may use commercially reasonable data, based on their experience, for a housing unit of the price, room configuration, location, construction material and structure type of the subject Affordable Unit. Flood insurance costs, if required, shall be calculated by this same method.

O. Private Mortgage Insurance. The mean average of the annual cost of private mortgage insurance quoted by two or three local lenders, or BAAHA may use commercially reasonable data, based on their experience, for a housing unit of the price, location, and structure type of the subject Affordable Unit.

P. Taxes. The tax rate as reported by the Alameda County Assessor’s Office.

Q. Homeowner’s Dues. Reported by the Owner and as set forth in the Public Report issued by the

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

P23-0177 – 3200 Hopyard
Draft Affordable Housing Agreement

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California Department of Real Estate for the Project.

R. Down Payment. Cash portion paid by a buyer from buyer’s own funds, as opposed to that portion of the purchase price which is financed. For the purpose of calculating the Sales Price, the down payment will be defined as the mean average of the smallest down payment required by the two or three local lenders surveyed, or BAAHA may use commercially reasonable data. The down payment shall be at least a commercially reasonable minimum.

ATTACHMENT 5
Planning Commission Meeting
February 28, 2024
Meeting agenda, agenda packet, and supplemental material may be found on the City’s website at the following link:
https://pleasantonca.portal.civicclerk.com/event/147/files/agenda/188

ATTACHMENT 6
Planning Commission Meeting
March 13, 2024
Meeting agenda, agenda packet, and supplemental material may be found on the City’s website at the following link:
https://pleasantonca.portal.civicclerk.com/event/170/files/agenda/225

BLDG 1
BLDG 2
BLDG 3
BLDG 4
BLDG 5
BLDG 9
BLDG 8
BLDG 6
BLDG 7A
BLDG 7B
C
R28'
2 PARCEL F
6 PARCEL E
4 PARCEL D
5 1

PARCEL C
3 PARCEL G

PARCEL K

PARCEL I

PARCEL J
7 9

PARCEL B

PARCEL H
8 PARCEL L

PARCEL A

15.9'

15.3'

38.2'
10'
10'
30'
25'
21'
26'
21'
21'
26'

14.3'
21'
14'
20'
33'
26'

20.3'
5'

5.5'

3.5' 3.5' 3.5' 3.5'

8.5'

8.5'

10.5'

10.5'

5.8'

3.5'

3.5'
16'
8'
R28'
R28'R54'

T T T T T T
TTTTTT
TTTTTT
TTTTTT

T T T T T T TTTTTT TTTTTT T T T T
T
T
T
R199.5'
R200'
26'
TT
1 2
3 4
5 8
7-23' PARKING SPACES=161'
35'

27.4'
10'
10'
10'
10'

13.2'
300' FOR 40 MPH PER CALTRANS TABLE 201.1
5'
5'
5'
5'

WEDGE CURB

WEDGE CURB

FLUSH CURB

WEDGE CURB

FLUSH CURB

WEDGE CURB

FLUSH CURBC&G
SPILL
C&G

SPILL C&G

VERTICAL CURB

VERTICAL CURB

SPILL C&G

SPILL C&G
C&G
C&G

VERTICAL CURB
C&G

SPILL C&G

FLUSH CURB

WEDGE CURB

VERTICAL CURB

SPILL C&G

REMOVABLE BOLLARD
PER CITY STD 126
4" DIA TUBULAR GATE

LATCHING POST
C&G

C&G & DRIVEWAY
PER STD 106

C&G & DRIVEWAY
PER STD 106
6' FENCE AND GATES

SEE LS PLANS (TYP)
8' SOUNDWALL AND GATE

SEE LS PLANS
6' FENCE (TYP)

SEE LS PLANS
6' FENCE (TYP)

SEE LS PLANS
8' SOUNDWALL SEE

LS PLANS
67'-6' SOUNDWALL SEE LS PLANS

OPEN SPACE/

AMENITY AREA

FENCE HEIGHT
VARIES 3.5'-6'

SEE LS PLANS

3.5' FENCE

SEE LS PLANS
9'

4.5'

5.5'
10'

4.3' (BLDG TO FACE OF WALL)
5' (FACE OF WALL TO BOUNDARY)
5'
5' 5'
5'
5'
5'
5'
5'
5'

1.8'

14.5'
6 7R63' 26'
T
T
T
T
8 3200 HOPYARD ROAD
TENTATIVE TRACT MAP NO. 8672

PRELIMINARY SITE PLAN
C4

WEDGE CURB AND GUTTER
NTS
NTS
R=1/2"
6" 1'-6" 1"
6"
1"

VERTICAL CURB DETAIL
1'-0"
6"

TOOLED EDGECURB GRADE
R=1"
4" MIN.

AB CUSHION
NTS
R=1/2"
6" 1'-6" 1/2"
6"
1"

VERTICAL SPILL CURB DETAIL
1'-0"
6"

TOOLED EDGECURB GRADE
R=1/2"
4" MIN.

AB CUSHION
1"
2% 2%
6" VERTICAL CURB
NTS

FLUSH CURB
NTS
AC

PAVEMENT
R=0.5"
11"
6" CONC DWY
APRON
17"
6" 0.75"
6" AC

PAVEMENT
CLASS 2

AGGREGATE BASE
CLASS 2

AGGREGATE BASE

CONC DWY
APRON

TOP OF FLUSH CURB

ELEVATION (TFC)
R=0.5"

TOP OF CURB

ELEVATION (TC)
SLOPE

PER PLANS
SLOPE

PER PLANS
T
LEGEND

TRASH CONTAINER LOCATIONS

BACK OF FLUSH CURB (BFC)
NOTES:

1. EXISTING/PROPOSED ZONING:RM-15

2. APN: 941-0907-062-00

3. ACREAGE: 2.99 ACRES (130,304 SF)

4. PROPOSED IMPERVIOUS SURFACE:93,324 SF = 71.6%

5. PROPOSED PERVIOUS SURFACE:36,996 SF = 28.4%

6. PROPOSED PARKING AREA:1,290 SF (DOES NOT INCLUDE DRIVEWAY SPACES)

7. PROPOSED IMPERVIOUS W/ OUT PARKING AREA: 91,944 SF = 70.6%

8. GUEST PARKING: REQUIRED: 0 SPACES
PROVIDED: 7 STANDARD SPACES
1 COMPACT SPACES
8 TOTAL SPACES

9. BICYCLE PARKING: SHORT TERM LONG TERM
REQUIRED: 19 19
PROVIDED: 20 57

10.PRIVATE OPEN SPACE:TOTAL REQUIRED:17,100 SF
PROVIDED: 6 PLEX: 6 X (538)* = 3,228 SF
7 PLEX: 3 X (650)* = 1,950 SF
5,178 SF
2 X 5,178 SF = 10,356 SF (PRIVATE)
38,648 SF (GROUP)
*PRIVATE OPEN SPACE SHOWN ON SHEET A11

COMPACT PARKING SPACEC
PARKING SPACE IN PRIVATE DRIVEWAY, 8'x15'
7 PARKING SPACE NUMBER

EXISTING TREE TO REMAIN (SEE DEMOLITION

PLAN FOR TREES TO BE REMOVED)

GROUP OPEN SPACE AREA
4' MIN 16' DRIVEWAY 4' MIN
4'1'

4.5'

SIDEWALK
4' 1' 1'1"
4"

DRIVEWAY PLAN VIEW
R/W

PRIVATE LOOP A OR
PRIVATE ALLEY 1
2%
2%

CURB & GUTTER
STREET
LIP
FC

BACK OF
WALK
R=1/2"
2%
2%
R/W
K

K SECTION
5% 5%
FC

DRIVEWAY DETAILS
NTS
PRIVATE ALLEY 1

OR DRIVEWAY

EDGE OF

DRIVEWAY
MAXMAX
3"

1.0'
6"

1.0'

SLOPE VARIES
1/2"
2-1/2"

DRIVEWAY APRON
2% MIN.

FL
4" MIN.

CLASS 2 AB
(TWC) TOP OF WEDGE CURB
1/2"R
1/2"R
(TYP.)
ATTACHMENT 7

TEMP. GL.2040SH
16'-0" x 7'-0" SECT. GAR. DOOR
DINING9'-0" CLG.H.S.

KITCHEN9'-0" CLG.H.S.

POWDERSLOPED CLG.H.S.
2-CAR GARAGE
UP17R
21'-5" x 20'-6"
57'-6"
57'-6"
52'-0"5'-6"
56'-6"1'-0"
22'-0"
9'-0"13'-0"22'-0"28SC80COMPOSTTRASHRECYCLEW/H
5050SL30802480
GREAT ROOM9'-0" CLG.H.S.
24682480
5050SLPORCH9'-0" CLG.
57'-6"52'-0"
22'-0"9'-0"13'-0"57'-6"
2480308026802680WALK-IN9'-0" CLG.CARPET2880
LOFT9'-0" CLG.CARPET11'-0" x 12'-3"
BDRM. 29'-0" CLG.CARPET10'-8" x 11'-0"
SERV.9'-0" CLG.CARPETBATH 29'-0" CLG.CARPET
BDRM. 39'-0" CLG.CARPET10'-8" x 11'-0"
BI-PASS5080
22'-0"5'-6"
9'-6"12'-6"
5050SL
5050SL5050SL
2040SH
30802480
42"x60"24802480BDRM. 19'-0" CLG.CARPET11'-11" x 16'-6"2480WALK-IN9'-0" CLG.CARPET BATH 19'-0" CLG.CARPETW.I.C.9'-0" CLG.CARPET
5050SL2040SH
DN17R
CATALYSTDEVELOPMENT| 2022302 | 03-11-24C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 3200 HOPYARDPLEASANTON, CAA3.5DUPLEX UNITDuplex - 1,812 SF (Gross)NOTES:1.'NET' areas of are taken from the interior face of exterior walls, excludinggarages, porches, decks, and stair at third floor level for client purpose.2."Gross floor area" means the sum of the gross horizontal area of the severalfloors of a building on the same site excluding: space used for off-street parking;decks, porches, and exterior balconies, if not enclosed on more than three sides.(Pleasanton Municipal Code, Zoning 18.08.195)3.All 'Decks' on the second floor with a minimum of 50 square feet and that haveno dimension less than five feet qualify for PUOS per Pleasanton MunicipalCode, Zoning 18.84.170)First Floor(Gross 687 sf / Garage 489 sf)Second Floor(Gross 1,125 sf)

TEMP. GL.2040SH
16'-0" x 7'-0" SECT. GAR. DOOR
DINING9'-0" CLG.H.S.

KITCHEN9'-0" CLG.H.S.

POWDERSLOPED CLG.H.S.
2-CAR GARAGE
UP17R28SC80W/H
5050SL30802480
GREAT ROOM9'-0" CLG.H.S.
24682480
5050SLPORCH9'-0" CLG.
57'-6"1'-0"56'-6"
57'-6"1'-0"56'-6"
44'-2"22'-0"2"22'-0"
44'-2"9'-0"13'-0"2"13'-0"9'-0"
2480308026802680WALK-IN9'-0" CLG.CARPET2880
LOFT9'-0" CLG.CARPET
BDRM. 29'-0" CLG.CARPET
SERV.9'-0" CLG.CARPETBATH 29'-0" CLG.CARPET
BDRM. 39'-0" CLG.CARPETBI-PASS5080
5050SL
5050SL5050SL
2040SH
30802480
42"x60"24802480BDRM. 19'-0" CLG.CARPET2480WALK-IN9'-0" CLG.CARPET BATH 19'-0" CLG.CARPETW.I.C.9'-0" CLG.CARPET
5050SL2040SH
DN17R
57'-6"1'-0"56'-6"
57'-6"1'-0"56'-6"
44'-2"22'-0"2"22'-0"
44'-2"9'-0"13'-0"2"13'-0"9'-0"
CATALYSTDEVELOPMENT| 2022302 | 03-11-24C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 3200 HOPYARDPLEASANTON, CAA3.6DUPLEXDuplex - 1,812 SF (Gross)First FloorSecond FloorStandardReversedStandardReversed

T.O.P.

F.F./T.O.C.

T.O.P. T.O.P.

F.F.
9'-1"9'-1"
9'-1"9'-1"F.F.T.O.P.

F.F./T.O.C.±24'-6" (SEE NOTE)
T.O.P.

F.F./T.O.C.

T.O.P. T.O.P.

F.F.
9'-1"9'-1"
9'-1"9'-1"F.F.T.O.P.

F.F./T.O.C.

T.O.P.

F.F./T.O.C.

T.O.P. T.O.P.

F.F.
9'-1"9'-1"
9'-1"9'-1"F.F.T.O.P.

F.F./T.O.C.

T.O.P.

F.F./T.O.C.

T.O.P. T.O.P.

F.F.
9'-1"9'-1"
9'-1"9'-1"F.F.T.O.P.

F.F./T.O.C.

CATALYSTDEVELOPMENT| 2022302 | 03-11-24C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 3200 HOPYARDPLEASANTON, CAA3.7DUPLEX ELEVATIONSFront Elevation Rear Elevation
Right Elevation
Left Elevation
NOTE:Height of a structure shall be measured vertically from the average elevation ofthe natural grade or finished grade, whichever is lower, of the ground coveredby the structure to the mean height between eaves and ridges for a hip, gable,or gambrel roof.(Pleasanton Municipal Code, Zoning 18.84.140)

Article I
General Provisions
§ 17.44.010. Title.

This chapter shall be called the "Inclusionary Zoning Ordinance of the City of Pleasanton."
( Ord. 1818 § 1, 2000)
§ 17.44.020. Purpose.

The purpose of this chapter is to enhance the public welfare and assure that further housing development attains the city's affordable housing goals by increasing the production of residential units affordable to households of very low, low, and moderate income, and by providing funds for the development of very low, low, and moderate income ownership and/or rental housing. In order to assure that the remaining developable land is utilized in a manner consistent with the city's housing policies and needs, 15 percent of the total number of units of all new multiple-family residential projects containing 15 or more units, constructed within the city as it now exists and as may be altered by annexation, shall be affordable to very low and low income households. For all new single-family residential projects of 15 units or more, at least 20 percent of the project's dwelling units shall be affordable to very low, low, and/or moderate income households. These requirements shall apply to both ownership and rental projects.
( Ord. 1818 § 1, 2000)
§ 17.44.030. Definitions.

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.
"Affordable housing proposal." A proposal submitted by the project owner as part of the city development application (e.g., design review, planned unit development, etc.) stating the method by which the requirements of this chapter are proposed to be met. "Affordable rent." A monthly rent (including utilities as determined by a schedule prepared by the city) which does not exceed one-twelfth of 30 percent of the maximum annual income for a household of the applicable income level. "Affordable sales price." A sales price which results in a monthly mortgage payment (including principal and interest) which does not exceed one-twelfth of 35 percent of the maximum annual income for a household of the applicable income level. "Amenities." Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior amenities may include, but are not limited to, fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by city building codes or other ordinances that are necessary to ensure the safety of the building and its residents.

City of Pleasanton, CA
§ 17.44.010 § 17.44.030
Downloaded from https://ecode360.com/PL4988 on 2024-03-28 ATTACHMENT 8

"Applicant." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals for a project.
"City." The city of Pleasanton or its designee or any entity with which the city contracts to administer this chapter.
"Commercial, office, and industrial project." For the purposes of this chapter, any new nonresidential (commercial, office, or industrial) development or redevelopment greater than 10 gross acres 250,000 square feet of gross building area, whichever is less. "Dwelling unit." A dwelling designed for occupancy by one household. "HUD." The United States department of housing and urban development or its successor.
"Household." One person living alone; or two or more persons sharing residency whose income is considered for housing payments.
"Household, low income." A household whose annual income is more than 50 percent but does not exceed 80 percent of the annual median income for Alameda County, based upon the annual income figures provided by the U.S. department of housing and urban development (HUD), as adjusted for household size.
"Household, moderate income." A household whose annual income is more than 80 percent but does note exceed 120 percent of the annual median income for Alameda County, based upon the annual income figures provided by HUD, as adjusted for household size.
"Household, very low income." A household whose annual income does not exceed 50 percent of the annual median income for Alameda County, based upon the annual income figures provided by HUD, as adjusted for household size. "Inclusionary unit." A dwelling unit as required by this chapter which is rented or sold at affordable rents and/or affordable sales prices (as defined by this chapter) to very low, low, or moderate income households.
"Inclusionary unit credits." Credits approved by the city council in the event a project exceeds the total number of inclusionary units required in this chapter. Inclusionary unit credits may be used by the project owner to meet the affordable housing requirements of another project subject to approval by the city council. "Income." The gross annual household income as defined by HUD. "Life of the inclusionary unit." The term during which the affordability provisions for inclusionary units shall remain applicable. The affordability provisions for inclusionary units shall apply in perpetuity from the date of occupancy, which shall be the date the city of Pleasanton performs final inspection for the building permit. "Lower income housing fee." A fee paid to the city by an applicant for a project in the city, in lieu of providing the inclusionary units required by this chapter. "Median income for Alameda County." The median gross annual income in Alameda County as determined by HUD, adjusted for household size.

City of Pleasanton, CA
§ 17.44.030 § 17.44.030
Downloaded from https://ecode360.com/PL4988 on 2024-03-28

"Off-site inclusionary units." Inclusionary units constructed within the city of Pleasanton on a site other than the site where the applicant intends to construct market rate units. "Ownership units." Inclusionary units developed as part of a residential development which the applicant intends will be sold, or which are customarily offered for individual sale.
"Project." A residential housing development at one location or site including all dwelling units for which permits have been applied for or approved. "Project owner." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located.
"Property owner." The owner of an inclusionary unit, excepting a "project owner." "Recapture mechanisms." Legal programs and restrictions by which subsidies provided to inclusionary units will be controlled and repaid to the city and/or other entity upon resale, to ensure the ongoing preservation of affordability of inclusionary units or to ensure funds for inclusionary units remain within the city's affordable housing program. "Rental units." Inclusionary units which the applicant intends will be rented or leased, or which are customarily offered for lease or rent.
"Resale restrictions." Legal restrictions which restrict the price of inclusionary units to ensure that they remain affordable to very low, low, and moderate income households on resale.
"Residential project, multiple-family." A residential project consisting of condominiums, apartments, and similar dwellings attached in groups of four or more units per structure and including multiple units located on a single parcel of land under common ownership.
"Residential project, single-family." A residential project consisting of detached and attached single-family homes, including paired single-family, duets, duplexes, townhomes, and similar unit types where each unit is located on a separate parcel of land.
"Unit type." Various dwelling units within a project which are distinguished by number of bedrooms and/or the type of construction (e.g., detached single-family, duets, townhomes, condominiums).
( Ord. 1818 § 1, 2000 )
City of Pleasanton, CA
§ 17.44.030 § 17.44.030
Downloaded from https://ecode360.com/PL4988 on 2024-03-28

Article II
Zoning Requirements
§ 17.44.040. General requirements/applicability.
( Ord. 1818 § 1, 2000 )
§ 17.44.050. Inclusionary unit provisions and specifications.

A. Residential Development. For all new multiple-family residential projects of 15 units or more, at least 15 percent of the project's dwelling units shall be affordable to very low, and/or low income households. For all new single-family residential projects of 15 units or more, at least 20 percent of the project's dwelling units shall be affordable to very low, low, and/or moderate income households. These dwelling units shall be referred to as "Inclusionary Units". Special consideration will be given to projects in which a significant percentage of the inclusionary units are for very low and low income households. The specific mix of units within the three affordability categories shall be subject to approval by the city.

The inclusionary units shall be reserved for rent or purchase by eligible very low, low, and moderate income households, as applicable. Projects subject to these requirements include, but are not limited to, single-family detached dwellings, townhomes, apartments, condominiums, or cooperatives provided through new construction projects, and/or through conversion of rentals to ownership units.

The percentage of inclusionary units required for a particular project shall be determined only once on a given project, at the time of tentative map approval, or, for projects not processing a map, prior to issuance of building permit. If the subdivision design changes, which results in a change in the number of unit types required, the number of inclusionary units required shall be recalculated to coincide with the final approved project. In applying and calculating the 15 percent requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.

B. Commercial, Office, and Industrial (COI) Development. In lieu of paying the lower income fee as set forth in city Ordinance No. 1488, COI development may provide affordable housing consistent with this chapter. As a result, new COI developments are strongly encouraged to submit an affordable housing proposal as set forth in Section 17.44.090 of this chapter. Upon submittal of the affordable housing proposal, city staff will meet with the developer to discuss the potential for providing incentives to encourage on-site construction of affordable housing units and alternatives to constructing affordable units as set forth in this chapter. In the event a developer requests incentives or alternatives as a means of providing affordable housing in connection with a COI development, the affordable housing proposal will be reviewed as set forth in Section 17.44.090 of this chapter. COI development not pursuing the inclusion of affordable housing shall be subject to the lower income fees as set forth in city ordinance 1488.

A. Inclusionary units shall be dispersed throughout the project unless otherwise City of Pleasanton, CA
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( Ord. 1818 § 1, 2000 )
§ 17.44.060. Affordable housing agreement.

An affordable housing agreement shall be entered into by the city and the project owner.

The agreement shall record the method and terms by which a project owner shall comply with the requirements of this chapter. The approval and/or recordation of this agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for such lots or units.

The affordable housing agreement shall state the methodology for determining a unit's initial and ongoing rent or sales and resale price(s), any resale restrictions, occupancy requirements, eligibility requirements, city incentives including second mortgages, recapture mechanisms, the administrative process for monitoring unit management to approved by the city.

B. Inclusionary units shall be constructed with identical exterior materials and an exterior architectural design that is consistent with the market rate units in the project.

C. Inclusionary units may be of smaller size than the market units in the project. In addition, inclusionary units may have fewer interior amenities than the market rate units in the project. However, the city may require that the inclusionary units meet certain minimum standards. These standards shall be set forth in the affordable housing agreement for the project.

D. Inclusionary units shall remain affordable in perpetuity through recordation of an affordable housing agreement as described in Section 17.44.060 of this chapter.

E. All inclusionary units in a project shall be constructed concurrently within or prior to the construction of the project's market rate units.

F. For purposes of calculating the affordable rent or affordable sales price of an inclusionary unit, the following household size assumptions shall be used for each applicable dwelling unit type:

Unit Size
HUD Income Category by Household
Size
Studio unit 1 person
1 bedroom unit 2 persons
2 bedroom unit 3 persons
3 bedroom unit 4 persons
4 or more bedroom unit 5 or more persons
G. The city's adopted preference and priority system shall be used for determining eligibility among prospective beneficiaries for affordable housing units created through this inclusionary zoning ordinance.

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assure ongoing affordability and other matters related to the development and retention of the inclusionary units.

In addition to the above, the affordable housing agreement shall set forth any waiver of the lower income housing fee. For projects which meet the affordability threshold with very low and/or low income units, all units in the project shall be eligible for a waiver of the lower income housing fee. For single-family residential projects which meet the affordability threshold with moderate income units, or multiple-family residential projects which do not meet the affordability threshold, only the inclusionary units shall be eligible for a waiver of the lower income housing fee except as otherwise approved by the city council.

To assure affordability over the life of the unit, the affordable housing agreement shall be recorded with the property deed or other method approved by the city attorney. In the event an inclusionary unit is affordable by design the affordable housing agreement shall stipulate the method for assuring that the units retain their affordability as the housing market changes.

The community development director may waive the requirement for an affordable housing agreement for projects approved prior to the effective hereof and/or for projects that have their affordable housing requirements included in a development agreement or other city document.
( Ord. 1818 § 1, 2000 ; Ord. 2000 § 1, 2009 )
§ 17.44.070. Incentives to encourage on-site construction of inclusionary units.

The city shall consider making available to the applicant incentives to increase the feasibility of residential projects to provide inclusionary units. Incentives or financial assistance will be offered only to the extent resources for this purpose are available and approved for such use by the city council or city manager, as defined below, and to the extent that the project, with the use of incentives or financial assistance, assists in achieving the city's housing goals. However, nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any assistance or incentive from the city.

Any incentives provided by the city shall be set out in the affordable housing agreement pursuant to Section 17.44.060 of this chapter. The granting of the additional incentives shall require demonstration of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing.

The following incentives may be approved for applicants who construct inclusionary units on-site:

A. Fee Waiver or Deferral. The city council, by resolution, may waive or defer payment of city development impact fees and/or building permit fees applicable to the inclusionary units or the project of which they are a part. Fee waivers shall meet the criteria included in the city's adopted policy for evaluating waivers of city fees for affordable housing projects. The affordable housing agreement shall include the City of Pleasanton, CA
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( Ord. 1818 § 1, 2000 )
§ 17.44.080. Alternatives to constructing inclusionary units on-site.

The primary emphasis of this inclusionary zoning ordinance is to achieve the inclusion of affordable housing units to be constructed in conjunction with market rate units within the same project in all new residential projects. However, the city acknowledges that it may not always be practical to require that every project satisfy its affordable housing requirement through the construction of affordable units within the project itself. Therefore, the requirements of this chapter may be satisfied by various methods other than the construction of inclusionary units on the project site. Some examples of alternate methods of compliance appear below. As housing market conditions change, the city may need to allow alternatives to provide options to applicants to further the intent of providing affordable housing with new development projects. terms of the fee waiver.

B. Design Modifications. The granting of design modifications relative to the inclusionary requirement shall require the approval of the city council and shall meet all applicable zoning requirements of the city of Pleasanton. Modifications to typical design standards may include the following:

Reduced setbacks;
Reduction in infrastructure requirements;
Reduced open space requirements;
Reduced landscaping requirements;
Reduced interior or exterior amenities;
Reduction in parking requirements;
Height restriction waivers.

C. Second Mortgages. The city may utilize available lower income housing funds for the purpose of providing second mortgages to prospective unit owners or to subsidize the cost of a unit to establish an affordable rent or an affordable sales price. Terms of the second mortgage or subsidy shall be stated in the affordable housing agreement. The utilization of these incentives shall not be the sole source of providing the inclusionary units and they are intended to augment the developer's proposal.

D. Priority Processing. After receiving its discretionary approvals, a project that provides inclusionary units may be entitled to priority processing of building and engineering approvals subject to the approval of the city manager. A project eligible for priority processing shall be assigned to city engineering and/or building staff and processed in advance of all nonpriority items.

A. Off-Site Projects. Inclusionary units required pursuant to this chapter may be permitted to be constructed at a location within the city other than the project site.

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Any off-site inclusionary units must meet the following criteria:

1. The off-site inclusionary units must be determined to be consistent with the city's goal of creating, preserving, maintaining, and protecting housing for very low, low, and moderate income households.

2. The off-site inclusionary units must not result in a significant concentration of inclusionary units in any one particular neighborhood.

3. The off-site inclusionary units shall conform to the requirements of all applicable city ordinances and the provisions of this chapter.

4. The occupancy and rents of the off-site inclusionary units shall be governed by the terms of a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to that used for the on-site inclusionary units.

The affordable housing agreement shall stipulate the terms of the off-site inclusionary units. If the construction does not take place at the same time as project development, the agreement shall require the units to be produced within a specified time frame, but in no event longer than five years. A cash deposit or bond may be required by the city, refundable upon construction, as assurance that the units will be built.

B. Land Dedication. An applicant may dedicate land to the city or a local nonprofit housing developer in place of actual construction of inclusionary units upon approval of the city council. The intent of allowing a land dedication option is to provide the city or a local nonprofit housing developer the free land needed to make an inclusionary unit development feasible, thus furthering the intent of this chapter.

The dedicated land must be appropriately zoned, buildable, free of toxic substances and contaminated soils, and large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully improved, with infrastructure, adjacent utilities, grading, and fees paid.

C. Credit Transfers. In the event a project exceeds the total number of inclusionary units required in this chapter, the project owner may request inclusionary unit credits which may be used to meet the affordable housing requirements of another project. Inclusionary unit credits are issued to and become the possession of the project owner and may not be transferred to another project owner without approval by the city council. The number of inclusionary unit credits awarded for any project is subject to approval by the city council.

D. Alternate Methods of Compliance. Applicants may propose creative concepts for meeting the requirements of this chapter, in order to bring down the cost of providing inclusionary units, whether on- or off-site. The city council may approve alternate methods of compliance with this chapter if the applicant demonstrates that such alternate method meets the purpose of this chapter (as set forth in Section City of Pleasanton, CA
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( Ord. 1818 § 1, 2000 )

17.44.020 of this chapter).

E. Lower Income Housing Fee Option. In lieu of providing inclusionary units in a project, an applicant may pay the city's lower income housing fee as set forth in Chapter 17.40 of this title.

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ATTACHMENT 9

Item #24

CITY COUNCIL AGENDA REPORT

April 16, 2024
Police

TITLE: BI-ANNUAL UPDATE TO THE CITY COUNCIL REGARDING POLICE

DEPARTMENT OPERATIONS, SERVICES AND ACTIVITIES

SUMMARY
The Police Department presents an update to the City Council on community policing and department operations twice per year. This is the first report for 2024, which includes an update on crime and collision trends, force options, the Student Resource Office/Alternative Response Unit program, personnel matters, and future initiatives.

RECOMMENDATION
Receive update on the Police department's operations, services, and activities.

BACKGROUND
Twice each year, the Police department provides an update on operations, services, and activities. Generally, the spring update is focused on reporting annual data metrics, and the fall update is focused on programming, although specifically requested updates will be provided with the most timely report. This bi-annual report provides a general department update on crime and collision trends, force options, the Student Resource Office/Alternative Response Unit program, personnel matters, and future initiatives.

DISCUSSION
Department Operations
Police Activity and Response Times
The police department facilitated 59,841 incidents in 2023, of which 21,331 were self-initiated and 38,510 were requests for service. While this is similar to 2022 in which there were 59,548 incidents, officer initiated activity dropped by more than 1,500 incidents and requests for service increased by nearly 2,000. Figure 1 below identifies the most frequent type of police activity in 2023 as compared to 2022 and to the prior three-year average.

Figure 1: Police Activity

Police response time goals are established in the General Plan as 4:00 minutes for emergencies and 20:00 minutes for non-emergency calls for service. The average emergency response time in 2023 was 5:19, and the non-emergency response time average was 24:57.

While compiling the data for this report, staff realized that the response times for prior reports included a partial data set which inaccurately reflected a lower emergency response time of 4:19 for 2022 and 2021. The response times listed in this report reflect the full data set. To lower response times, the department implemented new protocols to ensure higher priority calls were dispatched more promptly, the result of which is that the response times for January 2024 were 4:53 for emergency calls and 19:52 for non-emergency calls.

Figure 2: Response Times (as amended)

Crime and Collision Trends
Reported incidents of Part 1 crime increased in 2023 by 13% over the prior year. Violent crime increased by 12%, punctuated by three homicide incidents and an increase in rape and robberies after a much lower number of robberies reported in 2022; however, this remains lower than reported in 2021. Robberies increased from 18 to 33, moving toward the number of incidents reported prior to 2022. Reported rapes increased from 11 to 20; this increase is

attributed to an increase in cases of sexual assault involving minors. Notably, the Unified Crime Report definition of Rape is a broader definition than the California Penal Code, which could account for the increase in reported incidents. There were five incidents that met the Penal Code definition of rape in 2023 - one of the reported incidents was committed by an unknown offender and remains unsolved. Aggravated assaults were down by 47% from 53 to

36. Table 1 highlights the Department’s Part 1 crime trends from 2019-2023. The data shows that property crime increased by 13% overall, with a 43% increase in burglaries and an 88% increase in auto theft. While the increase is concerning, Pleasanton is facing similar property crime trends as other cities in the region. The department is actively addressing this rise in property crimes through directed patrols and the deployment of vehicles that have proven to act as a deterrent.

Table 1: Crime Trends
PART I CRIMES 2019 2020 2021 2022 2023
Homicide 0 1 0 0 3
Rape 12 11 11 11 20
Aggravated Assault 44 42 51 53 36
Robbery 56 40 49 18 33
Violent Crimes 112 94 111 82 92
Burglary 162 162 121 144 206
Larceny/Theft 1386 941 907 1078 1100
Stolen Vehicle 97 90 113 100 188
Arson 4 5 7 5 6
Property Crimes 1636 1198 1148 1327 1500
TOTAL 1580 1292 1259 1409 1592

Arrests in 2023 were similar to 2022 with 1,257 total arrests. Juvenile arrests increased from 23 in 2022 to 72 in 2023; contributing significantly to that, juvenile arrests at Stoneridge mall increased nearly five-fold from 9 in 2022 to 43 in 2023. Mirroring overall arrests, 75% of juveniles arrested are not Pleasanton residents. Qualifying police reports of juveniles arrested are referred to the diversion program managed by Horizons.

Table 2 provides data on the types and frequency of citations issued and traffic collisions. As shown in Figure 3, traffic collisions increased by 25% over the previous year and 3% above the pre-pandemic year of 2019. This increase is commensurate with the increase in vehicles on the roadways and may correlate with the temporary reassignment of the traffic unit to support patrol staffing needs. Staff anticipates the traffic unit will be partially reinstated by summer 2024 to more proactively address traffic complaints.

Table 2: Traffic Data
2019 2020 2021 2022 2023
Traffic Stops 13,572 6274 13048 11727 9345
Moving Citations 3,267 1512 2822 1119 874
Mechanical Citations 897 341 595 464 436
Parking Citations 1,503 674 1238 1030 1163
Courtesy Citations 948 1186 1508 948 752
TOTAL CITATIONS 3,561 3,713 6,163 3,561 3,225
Non-injury Collisions 189 122 147 147 142
Injury Collisions 209 127 143 173 216

Figure 3: Traffic Collisions

Force Options and De-escalation
In support of the department’s commitment and focus on de-escalation, in 2023, the department implemented a quarterly training program using the Force Options Simulator where officers receive scenario-based training to reinforce de-escalation and crisis intervention skills. The department continues to review each incident where force is used to ensure policy adherence and also opportunities for individual or department-wide training. One area of such training was related to the display of firearms and, when feasible, ensuring that a less-lethal option was deployed when a firearm was displayed.

2023 data noted an increase in restraint types of force to include control holds, SafeWrap (a temporary restraining device) and spit hoods. In the three instances where the Taser (represented in the table as conducted energy device) was used, two instances were deployment of a probe and one instance was a drive-stun. The lowest level of documented force is a control hold, which is also the most frequent type of force applied. In terms of frequency of force used, 0.11% of all police contacts have a component of force used and

0.02% are greater than a control hold. Of note, the applications of force are greater than the

number of incidents where force is used, as one incident may have multiple types of force used. For example, if a SafeWrap and/or spit hood were used, control holds were also used.

Table 3 and Figure 4 provide a numerical and visual summary, respectively, of incidents where varying levels of force were used by officers since 2019.

Table 3: Force Applications
2019 2020 2021 2022 2023
Canine 1 1 0 0 0
Conducted Energy
Device
0 3 3 0 3
Control Hold 28 25 31 32 43
Firearm 0 0 0 1 0
Impact Instrument 0 0 0 0 0
Kinetic Energy
Device
1 1 0 2 1
Safewrap 5 6 1 6 9
Spit hood 1 0 2 2 6
TOTAL 38 36 37 43 62

Figure 4: Force Applications

Alternate Response Unit and School Resource Officers
While not part of the reporting for 2023, in January 2024 the department reorganized and combined the School Resource Officers (SRO), the SCORE Officer, and the Alternate

Response Unit (ARU) under one supervisor in the Operations Division. Staff recognized the force-multiplier of clinicians working more closely with SROs to better serve the student community. By combining the units, staff intends to streamline communication and supervisory oversight and build synergy through the connection points between officers assigned to the schools and the ARU.

SROs respond to incidents of student and campus safety and build positive relationships with students and staff, and the Police department continues to support Pleasanton Unified School District (PUSD) with two SROs. However, one of the two assigned SROs left the department in September 2023, which created an SRO vacancy that remains today. Staff anticipates filling the SRO vacancy prior to the start of the 2024/25 school year. The data shows that juvenile arrests at schools were down from 10 in 2022 to 5 in 2023, and there were no custodial juvenile arrests on any PUSD campus in 2023. The SRO program continued outreach efforts by attending several school community events, such as the Mohr Fun Run, Hearst Walk and Roll to School, Special Olympics for elementary students, and also presented at the Village High School Career Fair. Additionally, a recently retired officer completed her reinstatement process in late March and will start teaching the SCORE program in some of the PUSD K-5 schools as a retired annuitant.

The Operations Division sets goals every year aligned with the department’s strategic plan.

Aligned with the goal of Increasing Community Trust, one goal for 2024 is to strengthen the partnership between patrol officers and personnel at each PUSD school site. Police department staff have attended several meetings and trainings with PUSD staff and will have a larger presence at each school site throughout 2024, to include intruder drills and safety presentations. And each week patrol officers visit every school site in the district; the officers are given discretion as to whether they conduct traffic enforcement, walk the campus, or interact with the students.

In July 2024, the Memorandum of Understanding between the City and the District is set to expire. Staff is working with PUSD to extend the MOU for one year while we begin negotiations intended to result in a cost-sharing agreement for SROs and school crossing guards.

In 2023, the ARU reached full staffing as it continued to respond to calls within the schools and the community. As more people become aware of this resource, the ARU increased its follow-up efforts by bringing services to those in need. The number of mental health commitments (5150/5585 Welfare and Institutions Code) for the city was reduced to 116 in 2023 - 94 adults and 22 juveniles - as noted in Figure 5 below. This reduction is due in part to connecting the most appropriate resources as the situation requires. In 2023, the ARU diverted 362 calls from patrol officers, co-responded with a patrol on 236 calls, and made 241 proactive contacts.

Figure 5: Mental Health Holds

As shown in Figure 6 below, at PUSD schools the ARU responded to 113 calls for service, of which 41 resulted in student mental health evaluations in partnership with PUSD staff; 11 of those students evaluated were placed on 5585 W&I mental health commitments.

Figure 6: Mental Health Holds – PUSD

During 2023, the partnership with PUSD was strengthened as the two agencies determined best practices for each resource to work together to improve outcomes. For example, the ARU brings expertise through licensed clinicians to calls at school sites where the clinicians work with PUSD counselors and psychologists to determine the best outcome for the student. As a team, we create safety plans and engage services that the student may be familiar with or

engage other county services that provide the best possible outcome. Prior to these protocols, the SROs or patrol officers were the primary resource dispatched, and limited knowledge of mental health resources and training left officers with limited options, commonly resulting in an emergency psychiatric detention. While the number of holds from PUSD has decreased, as referenced earlier, the department has also reduced the overall number of juveniles placed on a mental health hold from 145 to 22 since 2019 (see Figure 5). This significant drop is a direct result of the work of the ARU and the ability to invest time needed to find the most appropriate solution instead of the most expedient.

The ARU continues to serve the city's unhoused population and found long-term permanent housing for two individuals in 2023. Several encampments were compassionately "cleaned up" and vehicles removed from various areas in the community. In January 2024, the ARU joined with City colleagues to conduct the “Point in Time” (PIT) count for the state to determine how many unhoused individuals live in Pleasanton. Staff anticipates learning the results of the PIT count in April 2024. The primary purpose of the PIT is to assist in the allocation of resources to Pleasanton by the state and county.

Over the past year, the ARU has achieved many successful outcomes, but one call exemplifies the benefit the ARU brings to the community. An individual suffering from a mental health crisis was driving erratically through the city and had caused several collisions. This individual drove to his parents’ house, parked the vehicle on their front lawn, and made his way to the backyard. Officers arrived and could hear him in the backyard. However, when he realized the officers were present, he became extremely agitated and began throwing metal objects and rocks toward officers, stating he wanted the officers to hurt him. The ARU arrived on the scene, and after building rapport after several hours with him, the individual agreed to walk out of the backyard and was ultimately placed in psychiatric detention to receive needed help. This outcome is the result of the ARU team's work to engage with an individual during a highly emotional and tense time and have the call resolved safely.

The City contracts with Bonita House, a nonprofit organization in Alameda County that provides crisis mental health services, to provide the two licensed clinicians for the ARU. The contract with Bonita House expires later this year and staff is currently evaluating the structure of the program based on data from the past year, particularly to explore opportunities to restructure the partnership while maintaining the level of service in a fiscally sustainable manner.

Personnel and Hiring
In 2023, the police department conducted two internal investigations that resulted in sustained findings of policy violations. There were six community-generated complaints, none of which resulted in sustained findings of policy violations. Body-worn camera video continues to be helpful in understanding community-generated complaints and the actions of officers and community members.

As mentioned in the Fall 2022 report, staffing of sworn positions continues to be the department’s greatest challenge. As of the writing of this report, there are eight vacant sworn positions and four vacant professional staff positions. Additionally, there are 10 sworn positions affected by employees on leave, five officers in the training program, and five officers in the police academy. These combined vacancies and officers in training equal 28% of the total sworn positions or a deployable strength of 72%. It is anticipated the five officers in