Pleasanton City Council
July 16, 2024

Item #22

CITY COUNCIL AGENDA REPORT
July 16, 2024
Finance
TITLE: ADOPT A RESOLUTION ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF PLEASANTON A MEASURE TO APPROVE A HALF-CENT GENERAL TRANSACTIONS AND USE TAX; REQUESTING THE

ALAMEDA COUNTY BOARD OF SUPERVISORS PERMIT CONSOLIDATION OF

THE PLEASANTON GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE; APPROVE AN

ORDINANCE IMPOSING A TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION; AND CONSIDER THE FILING OF ARGUMENTS RELATED

TO THE MEASURE

SUMMARY
Since 2023, the City has been exploring a potential sales tax measure to increase revenue for the City and address a severe and increasing structural deficit in the City's General Fund. If approved by the City Council and submitted to and approved by voters, the proposed revenue measure would establish a half-cent local rate on retail transactions and sales. The sales tax increase would require a simple majority (50%+1) affirmative vote of eligible voters. Sales taxes are paid by out-of-town visitors patronizing the city's retail and dining establishments, as well as by residents and businesses. The measure would generate approximately $10 million per year in additional revenue, all of which would remain in Pleasanton. Approval of a half-cent sales tax increase, combined with ongoing efforts to reduce spending would stabilize the City’s operations, and enhance the City’s ability to provide the services Pleasanton residents and business owners expect and rely on.

RECOMMENDATION
Staff recommends the City Council place a Transactions and Use Tax (sales tax) measure on the November 2024 ballot, including approval of the following legislative actions:

1. Adopt a resolution ordering the submission to the qualified electors of the City of Pleasanton a measure to approve a half-cent general Transactions and Use Tax; requesting that the Alameda County Board of Supervisors permit consolidation of the Pleasanton general municipal election with the statewide general election to be held on the same date.

2. Approve an ordinance imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration.

3. Consider the filing of arguments related to the measure.

BACKGROUND
The City is facing a severe and increasing structural deficit, meaning that expenses have and will continue to grow faster than revenues. Current forecasts indicate an average budget

shortfall of approximately $13 million annually over the next eight years. If there is an economic downturn, the average annual deficit is projected to exceed $22 million and the cumulative deficit is projected to exceed $180 million over the next eight years. At the City Council’s direction, staff has been working to proactively address the deficit with a combination of reducing spending and exploring new revenue opportunities.

In 2023, the City Council authorized staff to conduct a public opinion poll seeking input from the community regarding Pleasanton’s service priorities and potential options for increasing revenue. This poll was conducted in September 2023, and at a December 2023 meeting, the City Council received a presentation on the polling results, with a recommendation to focus on exploring the feasibility of a half-cent sales tax increase for the November 2024 municipal election.

At the same December meeting, the City Council directed staff to launch a comprehensive outreach plan to engage, inform, and listen to input from residents and other stakeholders on City needs and the proposed plan to meet these needs. Since the start of 2024, staff has engaged the community through a variety of methods, including surveys, newsletters and mailers, developed and regularly updated a Revenue Measure Feasibility webpage (www.PleasantonListens.com), and met with community leaders and local community groups to share information about the City’s forecasted budget deficits and gather questions and feedback to further inform the City Council. Staff presented the public engagement results to the City Council at its June 4, 2024 meeting.

At a special City Council workshop on May 21, 2024, staff presented a Contingency Menu of Potential Service Reductions (Attachment 1) for public discussion, which outlined programs and services that would be considered for elimination or reduction as part of the next two-year budget, if significant new revenue is not secured.

A second public opinion poll was conducted between May 15-21, 2024, to reassess the viability of a half-cent sales tax measure following this period of community engagement. The poll indicated the sales tax measure may be viable with voters for the November 2024 election.

These polling results, the draft sales tax measure ballot language, and the draft resolution and ordinance were presented to the City Council on June 18, 2024.

Final versions of the proposed ballot language, resolution, and ordinance are attached to this report.

DISCUSSION
Community Engagement and Feedback
The City launched a comprehensive community outreach plan in early 2024 to better understand what services and programs are most important to the community and how residents and businesses view and value Pleasanton’s quality of life. A Revenue Measure Feasibility webpage (www.PleasantonListens.com) was developed and has been regularly updated to provide timely information and FAQs to address residents' inquiries. Public outreach has included community surveys, key stakeholder meetings, e-newsletters to over 20,000 e-mail addresses, and mailers to all residents and businesses in Pleasanton, as well as public budget meetings and workshops. The City received more than 3,100 responses to the community survey. Staff met with over 25 community groups, connecting with several hundred residents and non-profit and business representatives.

The community engagement results showed that the community values the high quality of life in Pleasanton, and that public safety is a top-ranked priority. This feedback from the community helped inform the proposed ballot question presented below.

In anticipation of the City Council considering placing a sales tax revenue measure before the voters, FM3 Research conducted a statistically valid and representative poll of likely voters from May 15-21, 2024. FM3 Research presented the survey results are summarized below. • After hearing a summary of a ½ cent sales tax measure, 58% of those surveyed indicated support for the general purpose measure, which is up from 50% “yes” testing a similar measure in September 2023.
• Support decreased to 49% with 14% remaining undecided after respondents heard negative or oppositional information on the measure, including statements that the City should cut unnecessary spending, the cost of living is already too high, etc. • Given the 4.9% margin of error for the study, FM3 estimated that a sales tax measure to maintain essential City services and protect Pleasanton’s quality of life may be viable for the November 2024 election.
• In general, respondents want to maintain the City’s outstanding quality of life and feel confident that any additional revenue is spent locally and subject to expenditure reports and audits.

Proposed Tax Measure
The staff recommendation is to place a half-cent Transactions and Use Tax (sales tax) on the November 2024 ballot. If approved, the Transactions and Use Tax would add a new Chapter

5.40 to Title 5 of the Pleasanton Municipal Code. The revenue would be collected by retailers and subsequently remitted to the City by the California Department of Tax and Fee Administration.

If the proposed tax measure is approved by voters, the total sales tax in Pleasanton would increase from 10.25% to 10.75%. For every $100 of taxable purchases, consumers would pay 50 cents in additional tax. Notably, prescription medicine and devices and groceries are exempt from sales tax. Rent, mortgage payments, utilities, and other items such as goods transmitted electronically (music, books, movies, computer software, etc.) are also exempt from sales tax.

The measure would be approved if it receives affirmative votes by a majority of eligible city voters (i.e., 50% + 1 vote). The proposed measure would sunset in 10 years and would be subject to audits and oversight. Four votes of the City Council are required to place the sales tax measure on the November ballot.

The proposed tax would be a general tax paid by all consumers purchasing goods in the City.

The additional tax revenue would remain in Pleasanton and could not be taken by the State of California for any reason or purpose.

Proposed Ballot Question and Ballot Arguments
The proposed measure addresses areas identified by voters as top priorities and would maintain essential services such as 911 emergency response and police and fire protection

services. As highlighted in the community survey results that were presented to the City Council on June 4, 2024, 911 emergency response services and public safety services are the most highly ranked priorities. It should be noted that close to 50% of the City’s General Fund budget is currently assigned to public safety.

Staff recommends the City Council consider authorizing the following language for the ballot question, which is generally the language that was tested in the voter polling. The language meets the specific legal and technical requirements of the Elections Code for placement of a Transactions and Use Tax measure before the voters. The proposed ballot measure language reads as follows:

PLEASANTON ESSENTIAL SERVICES PROTECTION MEASURE
YES
To maintain city services and prevent cuts, such as police and fire protection; 911 emergency response; disaster preparedness; pedestrian safety; park maintenance; pothole repair and street maintenance; recreation programs; open space preservation; and other general government uses; shall the City of Pleasanton’s measure to establish a half-cent sales tax, providing approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits, public spending disclosure, and oversight, be adopted? NO
Elections Code section 9282 provides that, for measures placed on the ballot by the City Council, ballot arguments for or against the measure may be submitted (in order of priority) by:
• the City Council; or
• a member or members of the City Council authorized by the City Council; or • an individual voter who is eligible to vote on the measure; or • a bona fide association of citizens, or
• a combination of voters and associations.

Only one ballot argument in favor and one argument against the measure may be printed and distributed to the voters. Staff recommends the City Council allow individual voters or a bona fide association of citizens, or a combination of the two, to submit an argument for the measure.

Citizen’s Oversight Committee
The ordinance attached to this report (Attachment 3) provides for the formation of a fivemember committee of the public to review and report on the revenue and expenditure of funds from the tax adopted by this ordinance. Within 90 days of the effective date of this ordinance, the City Council shall adopt a resolution establishing the manner of appointment and composition of the committee and defining the scope of its responsibilities.

Need for New Revenue
The reasons the City is facing a structural deficit include factors that other cities across the state and country are also facing, such as:
• Slowing real estate development activity

• Declining retail sales activity, including at the Stoneridge Shopping Center • Increasing insurance costs
• Increasing operating supplies and materials costs
• Increasing contract service costs
• Growing number of unfunded mandates from the State
• Rising personnel costs, including pensions
• Reduced hotel tax revenue - the City lost over $11 million in revenue during and postpandemic and revenue has not rebounded to the pre-pandemic level • Federal assistance programs that are no longer available - the City received $8.6 million in American Rescue Plan Act (ARPA) stimulus funds during COVID, which helped the City to balance its budget and support services and programs.

In addition, much of the City’s infrastructure and facilities are aging. Pleasanton realized rapid growth in the 1980s and 1990s, when buildings, parks, streets, and many other City assets were constructed. The City has contributed significant resources to maintain these assets over time, but many are reaching the end of their useful life and funds have not been fully set aside to replace or rebuild infrastructure and facilities.

As the City continues to transition from a growing city to a mature community, the rate of necessary revenue increases is no longer keeping pace with expenses. The City is a fullservice organization, primarily relying on employees for providing a breadth of municipal services. For many years, the City Council has acted to ensure that the size of the workforce and the level of total employee compensation is controlled, at a reasonable level but within budget constraints. Past cost-saving measures include: merging departments and operations, providing lower pension and retiree medical benefits to employees, implementing energy and water efficiency projects, and establishing a pension trust to pay down the City's unfunded liability.

In recent years, sound fiscal actions have included:

1. Controlling Employee Compensation
• The City has required the maximum contribution to retirement benefits from all employees and reduced retiree health benefits.
• The City has also trimmed retirement benefits and extended the retirement age (including for Public Safety employees). Currently, more than 40% of the City’s workforce will receive lower benefits in retirement.

2. Limiting Full-Time City Staffing
• The number of budgeted General Fund positions has remained flat over the past 5 years. Currently, some positions are frozen resulting in fewer employees at a time of rising demand for services.

3. Controlling Contract Service Costs and New Services and Programs

• The City has taken steps to reduce costs associated with contract and professional services.
• Currently, City departments are not permitted to start new services and programs that are funded by the General Fund.

4. Delaying Projects and Purchases of Vehicles and Equipment • Fire station and other City facility renovations have been deferred. • Purchases of non-essential vehicles and equipment have been delayed.

5. In May 2024 the City Council approved $2.5 million in reductions from the current fiscal year’s budget.

The City has also deferred critical infrastructure repair and replacement to balance the General Fund operating budget to continue to support the delivery of services. Currently, there is not sufficient capital funding, nor is there sufficient operational funding, to continue to deliver services and programs at the level the Pleasanton community has come to expect.

Since approval of a sales tax increase is not ensured, staff has developed a contingency menu of reductions should the ballot measure be unsuccessful. Attachment 1, Contingency Menu of Potential Service Reductions, outlines the menu of programs and services that would be considered for elimination or reduction as part of the next two-year budget, if significant new revenue is not secured. These proposed reductions were developed with input and analysis from every City department.

Budget reduction strategies include the following:
• Reduce Parks, Trees, and Landscape Maintenance
• Reduce Streets and Facilities Maintenance
• Reduce Library Services
• Reduce Community Programming, Youth and Senior Programs, and Special Events • Reduce Plan Checking and Traffic Management Programs
• Reduce Sustainability Programming/Services
• Reduce Funding to Community Programs
• Reduce Economic Development Services
• Eliminate City-Funded School Crossing Guard Program
• Reduce Police Services
• Reduce Fire Services
• Reduce Critical Internal Service Functions
Municipalities have limited options for raising revenues, and all cities in Alameda County face similar challenges related to rising operating costs and deferred maintenance. Pleasanton has been historically prudent in managing its finances. Unlike other cities, our City has never asked local voters to consider a bond or tax to help support programs, services, and/or capital needs.

The base sales tax rate is 10.25% in Alameda County. Cities that have taken actions to establish additional sales tax are Alameda, Albany, Hayward, Newark, San Leandro, and Union City, all having increased the local sales tax rate by a half cent to 10.75%. Voters in 10 of the 14 Alameda County cities have approved ballot measures increasing city revenues (sales, hotel, parcel, property transfer, utility user, or other taxes) in the past 10 years. Three other cities in the county had approved ballot measures more than ten years ago. It appears that Pleasanton is the only city in Alameda County that has not placed a measure on the ballot.

At least seven cities in Alameda County including Pleasanton are currently exploring revenue measures to support services and programs and/or infrastructure.

Next Steps
If the City Council chooses to place the proposed ballot measure on the November 5, 2024, ballot, staff will submit the resolution (Attachment 2) and ordinance (Attachment 3) to the County. The City Attorney will prepare an impartial analysis to be included with the ballot measure.

The table below outlines the dates and steps to place the proposed tax measure on the November 2024 ballot.

July 16, 2024
(or no later than August 9,
2024)
City Council adopts resolution, formally placing the half-cent sales tax measure on the November 5, 2024 ballot; this action should include direction regarding the authority to submit a ballot argument in support of the measure and a potential rebuttal argument.

No later than August 9,
2024
Deadline for City to submit ballot measure to the Alameda County Board of Supervisors and Registrar of Voters
August 12, 2024 Primary arguments must be filed with the City Clerk by 4 p.m.

August 12, 2024 City Attorney to prepare and submit an impartial analysis August 19, 2024 Rebuttal arguments must be filed with the City Clerk by 4 p.m.

November 5, 2024 Election Day

EQUITY AND SUSTAINABILITY
Generating sufficient revenue and ensuring the City’s fiscal sustainability allows the City to continue providing programs and services that benefit all residents. These services include programs to advance environmental sustainability by continuing to implement strategies from the City’s Climate Acton Plan (CAP) 2.0 as well as public safety, recreation, community and economic development and other services that create a livable, vibrant, and equitable community.

OUTREACH
Over the last several months, the City has been engaging the community through various channels such as surveys, meetings, and newsletters to assess the viability of a sales tax measure.

STRATEGIC PLAN ALIGNMENT
This item aligns with the ONE Pleasanton strategic plan goal of Funding Our Future that supports financial health and sound fiscal policies.

FISCAL IMPACT
It is estimated that the measure will cost approximately $20,000 as part of the consolidated General Municipal Election and will be allocated to the FY 2024/25 elections budget of $350,000.

Jointly Prepared and
Submitted by:

Approved by:

Susan Hsieh, Director of
Finance
Pamela Ott, Assistant City Manager Gerry Beaudin, City
Manager
Attachments:

1. Contingency Menu of Potential Service Reductions

2. Resolution

3. Sales Tax Ordinance - Exhibit A to Resolution

Attachment 1
1 City of Pleasanton
Contingency Menu
General Fund Citywide Potential Service Reductions
(Net of revenue reductions)
BUDGET

REDUCTION

STRATEGY
SPECIFIC REDUCTION AREAS BUDGET $
IMPACT

IMPACT OF REDUCTION
A Reduce
Parks, Trees,
and
Landscape
Maintenance
• Reduce maintenance in City parks,
medians, and streets
• Eliminate annual leaf pickup program
$450,000 • Decreased mowing of parks, particularly in neighborhood parks • Reduced trash collection at City parks, which will result in accumulated trash in between pick ups
• Closure of public restrooms in some City parks
• Decreased tree trimming throughout city, which could lead to higher safety risk during wind events
• Decreased vegetation maintenance on medians from once per week to once per month
• Lowered quality appearance of city parks, buildings, medians, streets, and other city/neighborhood areas
• Eliminate 8-week fall leaf pickup program
• Limits the City’s maintenance of storm drain system, creating potential for flooding
B Reduce
Streets and
Facilities
Maintenance
• Reduce trash collection and janitorial
services at City facilities and downtown
• Reduce sidewalk safety and ADA repairs
$800,000 • Lowered user experience and quicker degradation of facility infrastructure
• Reduced trash collection in downtown, which will result in accumulated trash in between pick ups
• Increased opportunity for injuries/lawsuits due to lack of maintenance at non-ADA compliant areas (sidewalks, ramps, etc.)
• Eliminate community banners displayed under the Pleasanton Arch C Reduce
Library
Services
• Reduce daily hours at the library from 62
hours to 40 hours to 11 a.m. - 7 p.m.

Tuesday – Saturday
• Close the library on Sundays and Mondays
$850,000 • Shorter service days impact all residents but particularly families, students, and shift workers by reducing access to services and internet/technology
• Longer wait times at service counters and delays in shelving materials
• Monday closure impacts students at Pleasanton Middle School who participate in the City/Library afterschool program and receive homework help, who may not be able to afford private tutoring otherwise

2 D Reduce
Community
Programming,
Youth and
Senior
Programs,
and Special
Events
• Eliminate City sponsored adult sports
leagues
• Reduce aquatic, youth, senior, and theater
programs
• Eliminate some special events
$1,100,000 • Reduced opportunities for low-cost community programs for all community members
• Eliminate City-sponsored adult softball, basketball, and bocce leagues
• Reduced lap swim and recreational swim hours, and eliminate all aquatics special events
• Eliminate teen programming including Leader in Training, Open Mic Nights and Ptown Web Team
• Reduced support for Friends of the Senior Center activities • Eliminate City use of Amador Theater
• Eliminate the Hometown Holiday Parade
E Reduced Plan
Checking and
Traffic
Management
Programs
• Reduce staffing and consultant contracts
for plan check, inspections, and long-range
planning
• Reduced in-person access to Permit
Center
• Eliminate neighborhood traffic
calming/speed lump program
$550,000 • Delays in the time it takes to have plans checked and permits approved, which leads to delayed turnaround times and slower approvals for development projects
• Closure of in-person Permit Center 2 days per week
• Reduced perception of roadway safety for residents
F Reduce
Sustainability
programming/
services
• Freeze Sustainability Manager position $150,000 • Delayed implementation of CAP 2.0 – which limits City’s ability to achieve strategies that meet reduced emissions goals
• Limits City’s capacity to search and apply for grants, and participate in regional partnerships and related financial funding opportunities for projects like EV chargers and other electrification efforts G Reduce
Funding to
Community
Programs
• Reduce funding by 50% to community grant
programs, including those for human
services and housing grants
• Reduce funding to community
programming, including eliminating subsidy
to Tri-Valley Community Television
$400,000 • Decreased funding for organizations that provide services to our most vulnerable populations, such as Tri-Valley Haven, Open Heart Kitchen, CityServe, Sunflower Hill, Hively, etc.
• Reduced funding by for recreation fee assistance eligible residents • Decreased funding for community-based organizations such as Pleasanton Partnerships in Education, Go Green Initiative, Museum on Main, and Pleasanton Cultural Arts Council
• Decreased access to view public meetings and receive City/public information through TV30 programming
H Reduce
Economic
Development
Services
• Reduce funding by 50% to programs that
encourage economic development
throughout Pleasanton
• Freeze Business License Specialist
position
$300,000 • Reduction of programs and services that support businesses and build a strong local economy including the Pleasanton Downtown Association, Pleasanton Chamber of Commerce, and Visit Tri-Valley • Less funding for business assistance programs
• Less funding to be used toward community activities designed to support downtown

3 • Delayed licensing for new and renewing businesses
I Eliminate Cityfunded School
Crossing
Guard
Program
• Eliminate City support for all 23 City-funded
school crossing guards
$450,000 • Decreased perception of traffic/pedestrian safety during school hours J Reduced
Police
Services
• Eliminate specialty services including
School Resource Officer and K9 programs
• Eliminate Tobacco Education program
• Eliminate/reduce ARU program
• Freeze Police Evidence Technician position
• Eliminate part-time and temporary
employees in Records, Dispatch, and
Investigations
$1,350,000 • Extended response time for police for both emergency and nonemergency calls • Increased incidents at school sites due to reduced on-campus SROs • Increased 5150 and 5585 holds
• Eliminate SCORE Officer that provides tobacco education in schools • Loss of K9s for apprehension and drug detection
• Reduced training for tactical team
• Eliminate Citizen Academy, Teen Academy
• Increased processing time for police records requests K Reduced Fire
Services
• Close a fire station in Pleasanton $1,500,000 • Reduced emergency response and prevention services • Unable to staff a first alarm fire
• Response times in the affected district would likely more than double, leading to increased loss
• Increased cost of mutual aid responses from neighboring cities • Decreased access to healthcare via 911 for lower income residents • Likely increases to workers compensation costs
L Reduce
Critical
Internal
Service
Functions
• Freeze Chief Diversity Officer position
• Budget reduction for internal facing
departments such as Human Resources,
Information Technology, City Manager’s
Office, and Finance
• Reduction in professional development and
training opportunities
$950,000 • Delayed filling of vacant positions across all departments • Eliminate temporary positions that support departments • Reduced organizational efficiency
• Decreased employee morale and possible increase in employee turnover and vacancies
• Reduced use of technical assistance to support city plans and policies
• Eliminate external support for key issues, including airport monitoring and legislative advocacy
TOTAL $8,850,000

Attachment 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY

OF PLEASANTON A MEASURE TO APPROVE A HALF-CENT GENERAL
TRANSACTIONS AND USE TAX; REQUESTING THAT THE ALAMEDA

COUNTY BOARD OF SUPERVISORS PERMIT CONSOLIDATION OF THE

PLEASANTON GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE SAME DATE
WHEREAS, the City Council of the City of Pleasanton (“City Council”) desires to submit to the voters a measure to approve a half-cent General Transactions and Use Tax at a General Municipal Election to be held on November 5, 2024; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No. 2024-037 calling for the holding of a General Municipal Election and Resolution No. 2024-038 requesting the Board of Supervisors of the County of Alameda to consolidate a General Municipal Election to be held on November 5, 2024, with a Statewide General Election to be held on that date pursuant to section 10403 of the Elections Code for the purpose of the election of a Mayor to a two-year term, and two Members of the City Council from Districts 2 and 4 to a four-year term.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of a General Municipal Election to be held on November 5, 2024, with a Statewide General Election to be held on that date for the purpose of submitting to the qualified voters of the City the ballot measure set forth in the ballot question shown below in Section 4.

SECTION 2. Pursuant to California Constitution Article XIIIC, Section 2, Government Code Section 53724, and Elections Code Section 9222, the City Council of the City of Pleasanton hereby calls an election at which it shall submit to the qualified voters of the City a measure to impose a half percent (0.5%) general transactions and use (sales) tax, as authorized by Revenue and Taxation Code section 7285.9. The measure shall be entitled the Pleasanton Essential Services Protection Measure.

SECTION 3. The proposed complete text of the Ordinance submitted to the voters pursuant to Section 2 is set forth in Exhibit A. The City Council hereby approves the Ordinance, the form thereof, and its submission to the voters of the City at the November 5, 2024 election, as required by Revenue and Taxation Code section 7285.9, subject to the approval of a majority of the voters voting on the measure.

Resolution No.

SECTION 4. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on November 5, 2024, the following question, which question shall require the approval of a majority (50%+1) of qualified electors casting votes to pass:

PLEASANTON ESSENTIAL SERVICES PROTECTION MEASURE
YES
To maintain city services and prevent cuts, such as police and fire protection; 911 emergency response; disaster
preparedness; pedestrian safety; park maintenance; pothole repair and street maintenance; recreation programs; open space preservation; and other general government uses; shall the City of Pleasanton’s measure to establish a half-cent sales tax, providing approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits, public spending disclosure, and oversight, be adopted?
NO
SECTION 5. The ballots to be used at the election shall be in form and content as required by law. The City Clerk is authorized, instructed and directed to coordinate with the County of Alameda Registrar to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The City of Pleasanton recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. That the Alameda County Registrar of Voters is authorized to canvass the returns of the municipal election. The election shall be held in all respects as if there were only one election.

SECTION 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections and that the City Clerk is authorized to transmit a certified copy of this resolution to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters.

SECTION 8. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et.seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et. seq., “CEQA Guidelines”). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. Accordingly, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review

Resolution No.

for that particular project. Therefore, pursuant to CEQA Guidelines section 15060 CEQA analysis is not required.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 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 July 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney

Attachment 3
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF PLEASANTON IMPOSING A TRANSACTIONS

AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF PLEASANTON DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. A new Chapter 5.40 is hereby added to Title 5 of the Pleasanton Municipal Code to read as follows:

Chapter 5.40
Transaction and Use Tax

5.40.010 Title. This ordinance shall be known as the City of Pleasanton Transactions and Use Tax Ordinance. The city of Pleasanton hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

5.40.020 Operative Date. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance.

5.40.030 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part

1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

Ordinance No.

5.40.040 Contract with State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

5.40.050 Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of

0.50% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

5.40.060 Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-ofstate destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

5.40.070 Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.50% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

5.40.080 Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

5.04.090 Limitations of Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax

Ordinance No.

while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

5.40.100 Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

5.40.110 Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

Ordinance No.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

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D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

5.40.120 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

5.40.130 Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

5.40.140 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

5.40.150 Audit. Beginning with the fiscal year that ends June 30, 2025, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of revenue from the tax authorized by this chapter. The auditors’ review shall be a public document.

5.40.160 Citizens Oversight Committee. There shall be a five-person committee of members of the public to review and report on the revenue and expenditure of funds from the Tax adopted by this ordinance. Within ninety (90) days of the effective date of this ordinance, the City Council shall adopt a resolution establishing the manner of appointment and composition of the committee and defining the scope of its responsibilities.

5.40.170 Termination Date. The authority to levy the tax imposed by this ordinance shall expire on the last calendar month that is 10 years following the Operative Date.

SECTION 2. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.

SECTION 3. The authority to levy the tax imposed by this ordinance shall expire on the last day of the calendar month that is 10 years following the Operative Date.

SECTION 4. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.

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The foregoing Ordinance was approved and adopted by the voters of the City of Pleasanton on November 5, 2024.

______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney

Item #23

CITY COUNCIL AGENDA REPORT
July 16, 2024
Community Development
TITLE: ADOPT A RESOLUTION APPROVING A CEQA GUIDELINES SECTION 15183

CONSISTENCY CHECKLIST PURSUANT TO THE CITY OF PLEASANTON

HOUSING ELEMENT UPDATE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR); ADOPT A RESOLUTION TO APPROVE AN APPLICATION FOR ANNEXATION (P22-1089); INTRODUCE ORDINANCES, AND WAIVE THE FIRST

READINGS, TO APPROVE A PLANNED UNIT DEVELOPMENT (PUD)
DEVELOPMENT PLAN (PUD-147) TO CONSTRUCT A 111-LOT RESIDENTIAL SUBDIVISION, INCLUDING AN AGE-QUALIFIED COMMUNITY WITH 92 SINGLEFAMILY DETACHED HOMES, 18 AFFORDABLE SENIOR COURTYARD

DETACHED AND DUET HOMES, ONE EXISTING SINGLE-FAMILY RESIDENCE,

AND RELATED ON-AND OFF-SITE IMPROVEMENTS AND A PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (P24-0378); ADOPT A RESOLUTION TO APPROVE A VESTING TENTATIVE MAP (TRACT 8522); AND ADOPT A

RESOLUTION APPROVING AN AFFORDABLE HOUSING AGREEMENT FOR

THE PROPOSED PROJECT

SUMMARY
The application proposes a PUD development plan, a Vesting Tentative Map for a 111-lot residential subdivision (including a Density Bonus), including an age-qualified community with 92 single-family detached homes, 18 affordable senior courtyard detached and duet homes (including an Affordable Housing Agreement), one existing single-family residence, and related on-and off-site improvements on an approximately 46-acre site; the proposal also includes annexation of the property into the city of Pleasanton, and a related pre-annexation and Development Agreement. The proposed project is consistent with the project site’s Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) General Plan designation, which allows for a maximum of two residential dwelling units per acre, plus Density Bonus. The proposed project is also consistent with the proposed project site’s prezoning classification of PUD-LDR (Planned Unit Development-Low Density Residential) and HOZ (Housing Opportunity Zone) Districts, which requires conformance with the City’s certified 2023 Housing Element, but not the City’s adopted Objective Design Standards (ODS) since the application was submitted prior to their adoption. Following the Planning Commission’s June 26, 2024, recommendation for approval, the environmental review documentation, consideration for annexation, the PUD development plan, Vesting Tentative Map, Development Agreement to vest entitlements, and the Affordable Housing Agreement are now recommended for the City Council's approval.

RECOMMENDATION

1. Adopt a resolution adopting the CEQA Guidelines Section 15183 Consistency Checklist, prepared pursuant to the City of Pleasanton Housing Element Update Environmental Impact Report (FEIR), finding that the document satisfies all requirements of CEQA,

and is adequate to serve as the environmental documentation for the proposed project, as the conditions described in CEQA Guidelines Sections 15183 have not occurred (Attachment 1).

2. Adopt a Resolution approving Annexation (P22-1089) and a Vesting Tentative Map (Tract 8522) (Attachment 2).

3. Find the proposed PUD Development Plan for PUD-147 is consistent with the General Plan and PUD Zoning.

4. Introduce an Ordinance, and waive the first reading, making the PUD findings and approving a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior courtyard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, subject to the DRAFT Conditions of Approval (Attachment 3).

5. Introduce an Ordinance, and waive the first reading, approving a Pre-Annexation and Development Agreement (P24-0378) (Attachment 4).

6. Adopt a resolution approving the Affordable Housing Agreement (Attachment 5).

PLANNING COMMISSION ACTION
The Planning Commission held a public hearing on June 26, 2024, to review and provide a recommendation to the City Council on the proposed project. In addition to the applicant team, approximately 15 members of the public spoke, generally in support of the project, commenting specifically in support of the age-restricted community and proposed affordable units, the trail extension, keeping vehicular traffic out of the existing neighborhoods to the north and south, providing a minimum 50-foot-wide rear yard setback for the lots abutting the existing neighborhoods to the north and south, and the planned vehicular, bicycle, and pedestrian improvements on Foothill Road. While supportive of the project, several members of the public still expressed concerns regarding existing traffic conditions on Foothill Road, traffic safety for residents exiting and entering the project, and whether existing flooding issues to the south of the project site would improve or worsen with the project. Some members of the public also expressed concerns related to the water supply. In addition to those in attendance, staff provided the Planning Commission with approximately 20 comment letters (Attachment 9) from the public that were submitted after publication of the agenda report. Those letters overwhelmingly supported the project as well; however, some also echoed similar concerns related to more traffic on Foothill Road and existing flooding concerns, as well as overall opposition to development of the site.

The Planning Commission’s comments were also primarily focused on the addition of traffic on Foothill Road, ability to safely make turns on to Foothill Road, and the flooding issues. With respect to flooding, staff explained the project would include significant drainage improvements on both Foothill Road and on the project site, that in combination with planned drainage improvements, to the south, on Puri Court, would significantly reduce any future flooding in the area. Regarding Foothill Road traffic, Chair Gaidos requested additional evaluation of the access to and from the project site, and expressed an interest in having staff evaluate the addition of a traffic signal in that segment of Foothill Road, or other options, and potentially include that as part of the recommendation to the City Council. Staff is currently evaluating the request and anticipates providing a supplemental memorandum prior to the July 16, 2024, City Council meeting.

Staff’s more detailed responses to the points raised, and the Planning Commission’s discussion on these comments are provided in the appropriate subject areas of the Analysis section within this report; the Planning Commission’s action is outlined in the meeting minutes (Attachment 8). After listening to public testimony and discussing the project, the Commission, on a 4-0 vote, voted to recommend adoption of the 15183 CEQA consistency checklist and approval of Annexation, the PUD Development Plan, Vesting Tentative Map, Pre-Annexation and Development Agreement, and the Affordable Housing Agreement, subject to the recommended conditions of approval.

BACKGROUND
General Plan and Zoning
The subject site has a General Plan Land Use designation of LDR and HESO and is pre-zoned PUD-LDR and HOZ Districts. Residential uses are defined and identified as appropriate uses under each of these land use designations and classifications. The City’s adopted 2023 Housing Element (Appendix B), which is part of the General Plan, identifies the proposed project site as Area 22. The Housing Element and LDR designation allow up to two residential dwelling units per acre. Pursuant to State Density Bonus Law, the project is permitted an additional 20 percent density bonus for Senior Housing, for a total maximum number of 112 residential units (93 base units and 19 Below Market Rate (BMR) units).

Development Agreement (DA)
State law authorizes cities to enter into binding development agreements with any person having a legal or equitable interest in real property for the development of the property. A development agreement is a commitment between the City and a property owner or developer to proceed with a specific development in accordance with the terms of an agreement that describes what land use and related processes shall apply to the application. The developer gains certainty, through the development agreement and prior to a commitment of a substantial investment for project improvements. In exchange, the City gets certain benefits and concessions or amenities it may not be able to require through conditions of approval.

Annexation and the Local Agency Formation Commission (LAFCO) The Cortese-Knox Act, adopted by the State legislature in 2000, provides the framework for proposed city and special district annexations, incorporations/formations, consolidations, and other changes of organization. This law establishes a LAFCO in each county, empowering it to review, approve, or deny proposals for boundary changes and incorporations/formations for cities, counties, and special districts.

LAFCOs are composed of elected officials from the relevant county and local cities, and a member of the general public, and the Alameda County LAFCO board includes representatives from the County Board of Supervisors, and currently, from the Cities of Pleasanton, Dublin, and Livermore, as well as members at large. The State delegates each LAFCO the power to review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposed annexations, reorganizations, and incorporations, consistent with written policies, procedures, and guidelines adopted by the commission. In granting these powers, the State has occupied the field of annexation law to the exclusion of local governments.

Therefore, should the City Council approve the various proposed project entitlements, the final determination on the applicant’s ability to annex into the City and construct the project would

be made subsequent to those actions by the Alameda County LAFCO. Annexation proceedings would be initiated upon approval of the various applications before the City of Pleasanton, in the form of submittal of an application for annexation to LAFCO. Staff notes, as part of the annexation process, the City would need to negotiate an agreement with Alameda County to determine what, if any, County Regional Housing Needs Assessment (RHNA) units would be credited to the City’s “fair share” RHNA contribution unit count should the project site be annexed into the City, as well as elements such as how tax-sharing will occur between the County and City. Staff has initiated discussions with both County and LAFCO staff around annexation.

Site and Area Description
The approximately 46-acre project site, comprising four parcels, is located on the east side of Foothill Road, approximately one-quarter mile south of Foothill High School. Topographically, the site is relatively flat at the most western edge and then drops in elevation fairly dramatically at first (approximately 60 feet to the gated entrance at the front of the age-restricted portion of the proposed project) and then more gradually moving east from Foothill Road toward I-680.

The entire proposed project site slopes to the southeast corner of the property where there is a storm drain inlet that runs underneath I-680. There is an open channel ditch along the southern edge of the property. This ditch was relocated onto the proposed project site when the adjacent property to the south (Foothill Knolls) was developed. This ditch carries water from offsite that flows from the west side hills west of Foothill Road, into pipes under Foothill Road and down Puri Court and then into a drainage structure at the northern end of the ditch.

The Marilyn Murphy Kane trail currently terminates at the southeast corner of the proposed project site. The site is mostly vacant, except for two existing single-family residences (one of which will be retained), two to three out-buildings previously used for agricultural purposes, and remnants of a former orchard. Except for its eastern boundary, which is generally abutted by I-680, the proposed project site is surrounded on all sides by residential uses. The Muirwood neighborhood sits to the north, Foothill Knolls neighborhood to the south, and various single-family residences across Foothill Road off Equus Court and on unincorporated County parcels accessed by Santos Ranch Road to the west. Foothill High School is located approximately a quarter mile to the north on Foothill Road. Primary access to the site would continue to be a single driveway off Foothill Road.

Figure 1 is an aerial of the proposed project site. Figure 2 shows the HESO General Plan land use designation, which is delineated by the olive-green color overlying the proposed project site, as well as the current City Limit Line, delineated by heavy dashed gray line, and which currently wraps entirely around the perimeter of the proposed project site. Figure 3 shows the zoning classification prior to the site pre-zoning as part of Housing Element related zoning amendments in December 2023, as well as the current City Limit Line, delineated by heavy dashed gray line, and which currently wraps entirely around the perimeter of the proposed project site.

Figure 1: Aerial of Proposed Project Site
Figure 2: General Plan Land Use Designation Map and Existing City Limit Line

Figure 3: Zoning Classification Map and Existing City Limit Line

PROJECT DESCRIPTION
The proposed project consists of a request for: 1) Annexation (P22-1089); 2) a PUD development plan (PUD-147) including a 111-lot residential subdivision, including an agequalified community with 92 single-family detached homes, 18 affordable senior courtyard detached and duet homes, one existing single-family residence, and related on-and off-site improvements; 3) a Pre-Annexation and Development Agreement (P24-0378); and 4) a Vesting Tentative Map (Tract 8522) to subdivide the existing approximately 64-acre proposed project site, currently comprised of four parcels into 118 parcels (111 residential lots and seven common-area parcels to be owned by the future Homeowners Association (HOA)). The developer is also required to enter into an Affordable Housing Agreement in accordance with the City’s Inclusionary Zoning Ordinance.

Site Design and Development Standards
Figures 4 and 5 show the overall site plan and vesting tentative map layout for the proposed project. It is anticipated lots 1 through 84 (the 18 BMR units are dispersed among these lots) would be developed by the applicant with both single-family detached units and courtyard detached/duet homes, while lots 85 through 88 would be held back (remain vacant) for future custom/semi-custom single-family detached residences, and lot 89 would retain the existing single-family residence and remain under the ownership of the Merritt family.

Figure 4: Site Plan
Parcels A through G would be common-area parcels and serve various functions. Of note, Parcels A and B would be landscaped buffer/open space parcels, Parcel C is for the commonuse clubhouse and recreation center, Parcel D is for emergency vehicle access, and Parcel F is for bio-retention, and the extension of the Marilyn Murphy Kane trail (and associated amenities/open space) north and west through the rear (east end) of the proposed project site from the Foothill Knolls neighborhood to the Muirwood neighborhood.

Figure 5: Vesting Tentative Map
Lots 1 through 84 range in size from approximately 2,400 square feet in area (courtyard detached/duet units – BMR units) to 24,600 square feet in area (single-family detached units).

Lots 85 through 88 (custom/semi-custom units) range in size from approximately 13,000 square feet in area to 26,000 square feet in area. Lot 89 (existing Merritt residence) would be

approximately 5 acres in size. The PUD development plan establishes the minimum site development standards for lots 1 through 84 (see Attachment 6, Sheet C-3 and also Figure 6 (partial standards) for all proposed development standards). The site development standards include, but are not limited to, minimum lot area, minimum setbacks, maximum floor area ratio, maximum building height, accessory structure setbacks, etc. For lots 85-88 (custom/semicustom units), the applicant has prepared Design Guidelines and Development Standards (see Attachment 6) that would establish a similar set of development standards, as well as architectural design guidelines for those lots.

Figure 6: Site Development Standards
Parcel C, which is centrally located within the project, is designated for the common-use clubhouse and recreation center. The clubhouse and recreation center would encompass approximately 1.16 acres and would provide approximately 6,000 square feet in area.

According to the applicant, the clubhouse and recreation center has been designed with the active lifestyle of the residents in mind. It would offer social events, activities, and resort-style amenities, including a fully equipped fitness center with inside and outside yoga and exercise class spaces, pickle ball courts, swimming pool, spa, demonstration kitchen, multi-purpose room, great room, outdoor entertaining area with a fireplace and television, and a massage room. The space was designed and laid out to take advantage of the views of the nearby Pleasanton Ridge. Figure 7 shows a detailed site plan layout for the clubhouse and recreation center.

Figure 7: Clubhouse and Recreation Center Site Plan

Marilyn Murphy Kane Trail Extension
As mentioned above, Parcel F, which is located at the far eastern edge of the proposed project site, is designated for bio-retention and the extension of the Marilyn Murphy Kane trail (and associated amenities/open space) in accordance with the City’s Trails Master Plan. As shown in Figure 8, the trail extension would connect from the northern terminus of the existing trail segment at the southeast corner of the proposed project site (within the Foothill Knolls neighborhood), run north for the full length of eastern project frontage and then turn west and connect at Eastwood Way (within the Muirwood neighborhood). This trail connection would be open to the public and separated from the proposed project by a four-foot-tall wire and wood fence. This fence would have gates allowing the proposed project’s residents to also access the trail but preventing the general public from entering the proposed project. The proposed Development Agreement would have the developer be responsible for both the construction and ongoing maintenance of the trail.

Figure 8: Proposed Marilyn Murphy Kane Trail Extension
Access and Circulation
Foothill Road is a north/south arterial that forms the western boundary of the proposed project site. The project proposes to add bicycle lanes along the property frontage of Foothill Road consistent with the City’s Bicycle Master Plan and additional improvements that include: 1) widening Foothill Road to provide continuous bike lanes, including installing 6-foot bike lanes with 2-foot striped buffer lanes where feasible; 2) building new retaining walls; 3) constructing drainage improvements that will benefit the proposed project site and the adjoining neighborhood to the south; and 4) dedicating the necessary right-of way for such

improvements. In addition to the proposed project impact improvements described above, the proposed project would also provide improvements along other segments of the Foothill Road corridor from north of Muirwood Drive to north of Foothill Knolls Drive. These improvements include the construction of a sidewalk on the east side of Foothill Road and bicycle lanes in both directions.

The gated entrance to the proposed project would be from Foothill Road, at a location south of the existing Merritt home (Lot 89) located at the northwest corner of the proposed project site.

This entry would be a private street (Street A-western portion as shown in Attachment 6) from Foothill Road to the split lane entry at the proposed project gate. Landscaping and entry monuments on either side of the entrance would be provided to enhance the entry. From the 40-foot-wide entry road, a private cul-de-sac would provide access to three of the new homes (Lots 1-3), and a private driveway would serve the existing Merritt residence (Lot 89). Along the entry road toward the entry gate, a guest entry kiosk and a turn-around is provided, with the turnaround designed to accommodate all vehicle types, including delivery trucks and fire trucks.

On the north side of the turnaround would be another private driveway (Court B), providing access for the four lots (Lots 85-88) which would not be immediately developed and would remain under the ownership of the Merritt family. Inside the gates, all interior streets would also be private and include five-foot-wide sidewalks on both sides of all streets. All interior streets, except Street B and Street E (which would be single loaded with parallel parking due to their adjacency to the proposed trail extension and/or dog park and bio-retention areas) have parallel parking on both sides of the street. The interior courts vary in their configuration depending on their locations. Please see Plan Sheet C4 of Attachment 6 which shows all of the proposed cross-sections for all of the streets and courts proposed with the project.

Parking
The project proposes a total of 597 parking spaces (approximately 5.38 spaces per unit).

Based on Table 1 below, each new residential unit would include a 2-car to 3-car garage, and most would also include a driveway that would accommodate two additional vehicles. A total of 177 on-street parking spaces are proposed for guest parking, equating to approximately 1.6 guest parking spaces per unit. Table 1 provides a breakdown of the total proposed vehicle parking spaces by unit type and whether it is on- or off-street.

Table 1: Parking Space Breakdown
Grading and Drainage
As noted, the proposed project site drops steeply in elevation to the east from Foothill Road, falling by approximately 60 feet from Foothill Road to the entry gate. In response, the grading

plan has been designed to be sympathetic to the natural terrain and includes stepping the building pads down the hill to minimize the use of large retaining walls and reduce the overall need for terracing slopes on the project site. Due to some abrupt grade changes in the central portions of the proposed project site, approximately 12,400 cubic yards of earth is estimated for off-haul or export.

The entire project site slopes to the southeast corner of the property where there is an existing storm drain inlet that carries the drainage into the storm system under I-680. There is also an open channel ditch along the southern edge of the proposed project site. This ditch was relocated to the Merritt Property when the Foothill Knolls neighborhood to the south was developed. This ditch carries water from off-site that flows from the west side of Foothill Road into pipes under Foothill Road and down Puri Court (to the south) and then into a drainage structure at the northern end of the ditch. Off-site storm drainage runoff from Puri Court and Foothill Road are proposed to be conveyed through the proposed project site in a separate storm drain bypass system, shown on various civil plan sheets in Attachment 6.

Architecture/Design
All new market rate units would be production homes, although three lots would remain vacant and be reserved for future custom homes (see discussion below). For the new market rate production units, seven styles of homes are proposed, with seventeen distinct elevations. All plans, which range in height between 25-32 feet, are primarily single-story units (except Plan 6 and Plan 8) and Plans 2, 3, and 5 have second story “pop-ups” as options that would provide a bonus room, and office or guest bedroom in those units. These second story “pop-ups” are all positioned over the central to front area of the respective units and all windows are oriented to the front or side to provide privacy for any adjoining neighbors to the rear. The new market rate units range in size from approximately 2,334 square feet to 4,280 square feet and have two- to four-car garages.

There would be numerous options provided to the buyer providing flexibility in their living spaces, including detached and attached casitas and detached and attached accessory dwelling units (ADUs). Plans 3, 4 and 5 have optional interior ADUs/suites providing the opportunity for multi-generational adults to live together or to provide accommodations for caregivers. The architecture provides an eclectic mix of elevation styles including French, Modern Farmhouse, Sonoma, Spanish and Traditional Farmhouse. The designs also incorporate a mixture of side entry garages as well as front-loaded garages which further enhances the street scene.

For the new BMR units, there are two plan options ranging in size from approximately 1,299 square feet to 1,421 square feet; each of the BMR homes would have two-car garages. The architectural styles and finishes would be the same as the market rate units.

For the lots to remain vacant (Lots 85-88) the applicant has proposed Design Guidelines and Development Standards which align similarly to the minimum/ maximum development standards and prescribe the same architectural styles as required for the remainder of the proposed project. The final layout and design of these homes would be subject to review and approval by the Zoning Administrator through the City’s Design Review process. Figures 9 through 19 provide some examples of the proposed architectural styles/perspectives, a streetscape visual simulation of the project, and perspectives of the proposed clubhouse and recreation center. See Attachment 6 for a complete comprehensive view of all proposed floor

plans, elevation types, and exterior finish materials.

Figure 9: Plan 1 Perspectives
Figure 10: Plan 2 Perspectives

Figure 11: Plan 3 Perspectives
Figure 12: Plan 4 Perspectives

Figure 13: Plan 5 Perspectives
Figure 14: Plan 6 Perspective

Figure 15: Plan 7 Perspectives
Figure 16: Plan 8 Perspectives

Figure 17: Streetscape Example
Figure 18: Clubhouse and Recreation Center

Figure 19: Clubhouse and Recreation Center
Tree Removal and Landscaping/Fencing
A total of 379 existing trees were identified on the subject property or within the immediate vicinity of the project, including 135 heritage-sized trees as defined in the Municipal Code. The project proposes to remove a total of 330 existing trees, including 112 heritage-size trees. The trees require removal due to direct or significant encroachment by the proposed project and/or related off-site improvements. However, the project would preserve some of the larger heritage trees, including Trees nos. 964 (50-inch Valley Oak) and 1441 (70-inch Valley Oak) centered in the middle of the proposed project site. Figure 20 shows which existing trees would be removed and those to be preserved when viewed in conjunction with Attachment 6 and the proposed project’s arborist report.

Figure 20: Tree Removal/Preservation Plan

Preliminary landscape plans have been provided for the project. A variety of drought-tolerant and climate-appropriate trees, shrubs, and groundcover are proposed throughout the project most of which would be planted around the perimeters of the proposed project, along all streets, in common use areas such as the clubhouse and recreation center and/or minipark, in bioretention areas, along the trail extension, at transition and access points, and in the front yards of the new units. A substantial number (final count to be determined with final landscape plans at the time of construction permit review) of new trees are proposed for the project, the majority of which would be 24-inch box size, although some 60-inch box sized trees are also proposed. Figures 21 through 26 illustrates the proposed landscape and planting design concepts. See Attachment 6 for a comprehensive view of all conceptual landscaping for the proposed project.

Figure 21: Overall Landscape Plan

Figure 22: Foothill Road Landscape
Figure 23: Entryway and Mini Park Landscape

Figure 24: Clubhouse and Recreation Center Landscape
Figure 25: Front Yard and BMR Auto Court Landscape

Figure 26: Trail and Bioretention Landscape
A preliminary fencing plan, which shows a combination of good neighbor wood fencing, cement plaster walls, and wrought iron fencing has been provided for the project. Figures 27 and 28 illustrate the proposed fencing plan along with a color-coded legend to determine what type and height of fence is proposed in each location of the proposed project. Please refer to Attachment 6 for full details. Other details of the project are also provided in the Attachment.

Figure 27: Preliminary Fencing Plan

Figure 28: Preliminary Fencing Plan Legend

DISCUSSION
General Plan Conformance
The subject site has a General Plan Land Use Designation of Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) which permits residential uses; thus, the project would be consistent with the General Plan Land Use Designations.

The City’s adopted 2023 Housing Element (Appendix B) identifies the proposed project site as Area 22, which allows up to two residential units per acre. A 20% density bonus is allowable under Senior Housing State Density Bonus Law, for a total maximum number of 112 residential units (93 base units plus 19 BMR units). The project site is approximately 46 acres in area. The proposed project consists of 92 base units, 18 BMR units, and the retention of one existing residence for a total of 111 residential units and resulting in an acceptable base density of 2.02 dwelling units per acre (2.41 dwelling units per acre is permitted, with the State mandated senior housing density bonus). Therefore, the proposed project conforms to the General Plan density requirements.

In addition, the proposed project supports/promotes the following General Plan Goals, Programs, and Policies:

Land Use
• Policy 8: Preserve and enhance the character of existing residential neighborhoods. • Policy 8.1: Enforce the provisions of the City's Zoning Ordinance and related planning ordinances to maintain the character of existing residential neighborhoods. • Program 8.2: Use the City's development review procedures to minimize intrusions into existing neighborhoods.
• Policy 10: Provide flexibility in residential development standards and housing type consistent with the desired community character.
• Program 10.1: Use planned unit development (PUD) zoning for residential properties that have unique characteristics or to accommodate development that does not fit under standard zoning classifications.
• Policy 11: Residential density is determined by the General Plan density range or

applicable specific plan.
• Policy 12: Allow housing on the 6th Cycle Housing Element Sites, subject to site specific polices as follows:
o Area 22- (Merritt) - A Planned Unit Development is required in conjunction with the necessary annexation of this site. While the site shall not be subject to the strict application of the Objective Design Standards, the standards may be used as a benchmark and, where applicable, the PUD process may allow for flexibility (e.g., clustering of housing sites).

Housing Element
• Policy 1.1: The City will identify and re-zone sites as needed to allow for residential development, at appropriate densities, to meet the assigned Regional Housing Needs Allocation (RHNA) of 5,965 units for the 2023-2031 (6th Cycle) Housing Element Cycle.
• Policy 1.4: Support the development of sites designated for residential uses, particularly sites zoned for higher density and lower- and moderate-income housing. Actively pursue partnerships and other opportunities for the development of projects with a high proportion of affordable housing units on these sites.
• Policy 1.5: For phased residential developments, ensure that the majority of units affordable to very low- and low-income households are not postponed until the final stages of development.
• Program 1.1: Maintain zoning/rezone appropriate sites to accommodate Pleasanton’s share of the regional housing need for all income levels. • Program 1.10: Complete annexation of the housing sites located in unincorporated Alameda County (i.e., Lester and Merritt rezone parcels). • Policy 2.3: In conformance with the Inclusionary Zoning Ordinance, require each residential and non-residential development to which the Ordinance applies, to include its pro-rata share of housing needs for lower- and moderate- income households or, if the Ordinance criteria are met, to contribute to the Lower Income Housing Fund or propose alternative methods to facilitate the construction of housing affordable to these groups. It is strongly encouraged that the Inclusionary Zoning Ordinance requirements be met by building housing affordable to lower- and moderate-income households. The City will continue to offer incentives to encourage and facilitate the production of affordable inclusionary units, as a component of the Ordinance. • Policy 2.7: Encourage the use of density bonuses in residential projects that include housing units affordable to extremely low-, very low-, low-, and moderate-income households.
• Policy 5.5: Support development and maintenance of affordable senior housing and supportive services to facilitate maximum independence and the ability of seniors to remain in their homes and/or the community.
• Policy 6.4: Ensure that new housing development and improvements to existing housing (e.g., rehabilitation, remodels and additions) integrate sustainable design and energy efficiency features, including a reduced lifecycle carbon footprint of materials required for the development of housing (i.e., remodels, additions, and new units), reduced energy and water consumption and efficiency, and expanded use of renewable energy sources.

Sustainability
• Program 2.1: Reduce the need for vehicular traffic by locating employment, residential, and service activities close together, and plan development so it is easily accessible by transit, bicycle, and on foot.
• Program 2.2: Encourage the reuse of vacant and underutilized parcels and buildings within existing urban areas.
• Program 2.6: Require design features in new development and redevelopment areas to encourage transit, bicycle, and pedestrian access, such as connections between activity centers and residential areas, and road design that accommodates transit vehicles, where feasible.
• Program 2.8: Require land development that is compatible with alternative transportation modes and the use of trails, where feasible.

Overall Community Development
Policy 4: Allow development consistent with the General Plan Land Use Map.

Climate Action Plan (CAP) Strategies
• Encourage and facilitate more walking and cycling trips. • Create the building site context that allows people to walk, bike or take transit rather than drive.
• Decrease travel time and VMT, less idling leads to fuel savings and less consumption and GHG Emissions.

Zoning and Uses Conformance
In December 2012, the City Council approved the pre-zoning of the project site to PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone).

The approved uses for the project site include attached and detached single-family residential development; thus, the proposed project conforms with the current pre-zoning designations.

The HOZ defers to the allowable density assigned in the Housing Element, and therefore the proposed number of units is consistent with the site’s zoning.

Objective Design Standards (ODS), Housing Site Development Standards, and Design Guidelines
Although designated as a Housing Site in the City’s Housing Element, because the proposed project was submitted in December 2022, prior to the adoption of the City’s ODS, those standards are not applicable to the proposed project. Rather, given the PUD pre-zoning for the project site, the applicant is permitted via a PUD development plan to establish the minimum site development standards for the project.

As stated previously, for lots 1 through 84 the site development standards include, but are not limited to, minimum lot area, minimum setbacks, maximum floor area ratio, maximum building height, accessory structure setbacks, etc. For lots 85-88 (custom/semi-custom units), the applicant has prepared Design Guidelines and Development Standards (see Attachment 6) that would establish a similar set of development standards, as well as architectural design

guidelines for those lots. Because this is a PUD, the applicant can request customized minimum development standards for the proposed project.

For a residential project such as this, staff encourages the applicant, to the extent possible, to establish minimum development standards that are similar to surrounding residential uses to maximize compatibility with surrounding residential development. Based on the requested minimum development standards shown in Figure 6 above, the applicant is proposing lot sizes of at least 7,000 square feet for the detached units which is larger than the minimum 6,500 square feet minimum lot sizes of the surrounding neighborhoods. The proposed project also maximizes building height at 32 feet where 30 feet is the maximum height of the surrounding neighborhoods. Other standards of the proposed project that are like the surrounding neighborhoods are the interior side yard setbacks of 5 feet one side and 10 feet combined, accessory structure heights and setbacks, and ADU standards.

Accordingly, staff believes the proposed development standards are generally consistent with other single-family detached zoning district standards found in the City and would be compatible/similar to the development standards required for the residential neighborhoods to the north and south.

Grading and Drainage
Site drainage will be directed toward landscaped bio-retention areas located in various areas of the subject site for retention and treatment before draining into the City’s storm drain system. In recent years, deficiencies in the storm drainage system have been identified at nearby Puri Court, for which the City is undertaking a near-term project to correct. As a downstream property, the Merritt project’s storm drainpipes would be sized to accommodate all upstream flows, and the drainage improvements proposed in conjunction with the development of the Merritt site will benefit adjacent properties. As conditioned, staff finds the proposed grading and drainage plan to be acceptable and in compliance with applicable stormwater runoff requirements.

Site Plan
The site plan provides a 50-foot building setback along the north and south property lines providing a generous open space area between the proposed new units and the existing residential neighborhoods to the north and south. These open space areas will be welllandscaped, providing a pleasing visual aesthetic and helping to maintain a high level of privacy for both the new residents and existing residents adjacent to the project site.

Additionally, all new residential units along the perimeter of the proposed project would be single-story with just a few second-story pop-ups oriented away from the rear of the new residents, further adding to the privacy for the existing adjacent neighborhoods. Lastly, the project would feature a single access point off Foothill Road and other vehicular access would be limited to emergency vehicle access only to and from access points leading to/from the existing residential neighborhoods to the north and south. Staff finds the site plan is appropriate and supports the overall configuration and site design.

Site Plan, Traffic and Circulation
The site plan has been designed to allow access solely from Foothill Road to reduce automobile traffic in the existing neighborhoods to the north and south. A primary looped internal street with both small side streets and motor courts off that looped street provide access to all residential units and the clubhouse. Pedestrian access would be provided

throughout the project site. The proposed project would include 5-foot wide sidewalks on both sides of all interior streets to ensure that pedestrians have a continuous route throughout the community. Residents would also have pedestrian access to neighboring communities at Fernwood Way, Eastwood Way, and Foothill Knolls via the proposed Marilyn Murphy Kane Trail extension and Foothill Road.

The Housing Element Update FEIR indicated that development consistent with the Housing Element Update is not forecasted to generate transit, roadway, bicycle, or pedestrian use that would exceed the capacity of area facilities to serve that demand. The Housing Element Update FEIR concluded that because development consistent with the Housing Element Update would be subject to all applicable State, regional, and City guidelines, standards, and specifications related to service standards, including, but not limited to, those provided in the City's Bicycle and Pedestrian Master Plan, and CAP 2.0, it would not conflict with adopted policies, plans, or programs. Therefore, the Housing Element Update would result in a less than significant impact on the circulation system, including transit, bicycle, and pedestrian facilities and policies.

A Traffic Impact Assessment memorandum was completed for this project, and the project was included among the sites evaluated in the Housing Element Update FEIR ’s transportation study which analyzed and established mitigation measures, to the extent possible, to mitigate traffic and circulation issues for this Housing Element site. The City Traffic Engineer has reviewed the project and determined that no additional traffic analysis would be required. The proposed project is for an all age-restricted (senior) development, which has a lower trip generation rate than traditional residential development. Figure 29 compares the proposed project’s age-restricted development vehicle volume to the 91 single family homes contemplated in the City’s General Plan. Age-restricted developments produce about half the number of daily trips compared to traditional single-family home developments.

Figure 29: Trip Generation

The project’s 111 homes will produce around 440 daily trips compared to 860 trips produced by 91 non-age-restricted homes. Additionally, the age-restricted residents tend to avoid travel in the peak hours electing to drive outside of the busiest hours of the day. In the PM peak hour (5:00 to 6:00 PM) approximately 40 trips will be taken, with 18 of the 40 trips leaving the development and the remaining 22 trips entering. Similar patterns exist in the AM peak hour (7:00 to 8:00 AM). This data comes from the Institute of Transportation Engineers (ITE) Trip Generation Handbook, which is the standard for estimating trips throughout the country and is based on data collection from similar age-restricted developments. To verify that the rates are valid for Pleasanton, the applicant hired Fehr and Peers Transportation Consultants to count the vehicles entering and leaving the Ironwood Development (age-restricted development located off of Busch Road in Pleasanton). The Fehr and Peers report confirmed the rates shown in the ITE Handbook are applicable to Pleasanton.

The Traffic Impact Assessment memorandum did not identify any mitigation measures. The project would be required to provide the design and installation of all required traffic improvements on Foothill Road including, but not limited to: 1) a left turn pocket from southbound Foothill Road into the proposed project site; 2) a left turn pocket from northbound Foothill Road into Equus Court; 3) 6-foot wide bike lanes in both directions (with additional 2- foot wide buffers); and 4) a 6-foot wide sidewalk along the project frontage that would connect with the existing sidewalk network on the east side of Foothill Road to the north and south of the proposed project frontage. Finally, the project has been conditioned to pay the applicable City and Tri-Valley Regional traffic impact fees, to help fund future improvements to local and regional roadways. The Housing Element Update FEIR Mitigation Measures would be applied to the project and would be implemented through conditions of approval.

As described above, concerns were expressed during the Planning Commission meeting about the difficulty/safety for residents making turns onto Foothill Road, and a Planning Commissioner requested staff provide analysis to the City Council regarding the addition of a traffic signal in the vicinity of the project. Staff is completing that analysis, and it will be provided as supplemental material in advance of the July 16 meeting.

Parking
Per Municipal Code Section 18.88.030, residential projects are required to have two parking spaces per residential unit. Given that there are 110 new units proposed, the proposed project would be required to provide 220 parking spaces. The proposed project would include 420 spaces, including 246 garage parking spaces (2- and 3-car/2.2 spaces per unit) and 174 driveway parking spaces (1.56 spaces per unit), as well as street parking (177 spaces/1.6 spaces per unit), which exceeds the City’s requirements. A condition of approval requires garages to be left available for parking (i.e., not used for storage or other purposes that would preclude parking inside, for at least two vehicles).

Noise
The applicant prepared a site-specific acoustical study (Attachment 6). The City’s General Plan requires that outdoor recreation areas not exceed 60 dB Ldn and that indoor noise levels not exceed 45 dB Ldn. Staff notes that the outdoor noise standard applies to the common outdoor recreation areas such as the clubhouse and mini park within the center of the project site, and the studies concluded that no special mitigation was required to address outdoor noise. Mitigation measures and conditions of approval have been provided to ensure noise standards are met, including use of STC-rated windows on the elevations of homes closest to

and facing I-680.

In terms of noise impacts from the project on nearby residences, the acoustical study concluded the project would generate negligible urban noise from sources such as traffic, vehicles starting, outside activities in yards and at the clubhouse, people talking, etc.

However, given the existing noise levels produced by nearby street and freeway traffic and the existing residential neighborhoods to the north and south, noise levels would not change substantially from that currently experienced in the area. Construction equipment would be required to meet DMV noise standards and be equipped with muffling devices. Once constructed, the occupants of the residential units would be required to meet the City’s noise ordinance, which stipulates the project cannot produce a noise level more than 60 dBA at any point outside of the property plane. The proposed project, based on its proposed residential use, is not expected to generate any unusual sources of noise.

Architecture and Design
The various house plans and clubhouse designs offer significant detailing and articulation, and the form/shape of the building is visually interesting. The materials and colors are attractive and will blend in well with the surrounding developments based on similar finish schemes found on other existing residences in the vicinity. Overall, staff supports the architectural design, massing and detailing of the proposed residences and clubhouse.

Green Building
As required by the City’s Green Building Ordinance (PMC Ch. 17.50), the proposed project is required to meet at least a “Green Home” or a LEED (Leadership in Energy and Environmental Design) “Certified” designation. Some of the proposed green building measures include: employ strategies that use less water and improve energy performance for the building; reduce potable water consumption for irrigation on the subject site as a whole; utilize materials with recycled content; utilize FSC-certified wood in construction materials; and utilize low-VOC (volatile organic compound) emitting flooring, paints, coatings, adhesives, and sealants. The applicant will meet all Green Building Ordinance requirements which will be verified at time of building permit issuance. Therefore, staff supports the applicant’s green building measures in the project.

Climate Action Plan
In 2022, the City adopted Climate Action Plan (CAP) 2.0. The CAP 2.0 was reviewed by the Bay Area Quality Management District (BAAQMD) and was deemed a “Qualified Greenhouse Gas Reduction Strategy” in accordance with the District’s CEQA guidelines. Implementation of the CAP will occur over several years. The CAP consists of amendments to regulations and policies related to Land Use and Transportation, Energy, Solid Waste, and Water and Wastewater, which result in reductions in greenhouse gas emissions in compliance with the targets set by AB 32, California’s Global Warming Solutions Act of 2006. Staff completed an analysis of how the proposed project is consistent with or implements the applicable measures outlined in the City of Pleasanton’s CAP. As a large senior residential project located within the vicinity of a commuter bus line, the proposed project is consistent with Land Use Goal 1 of the CAP: to reduce vehicle miles traveled (VMT) through infill and higher density development.

In addition, several Strategies and Supporting Actions related to water and energy conservation from the CAP are implemented in the proposed project, including that new units

would be all electric and not contain any new gas facilities, or are required as conditions of approval.

Universal Design
Universal Design is a design principle that addresses the needs of people with reduced mobility, agility, and/or strength such as the elderly and persons with disabilities. It is usually applied to residential development types not normally covered by the ADA requirements of the California Building Code (CBC) such as single-family homes. The City’s Housing Element contains Program 5.4, which promotes the installation of enhanced accessibility features in a proportion of units. In response, the proposed project is providing enhanced accessibility design solutions in all new units to meet the current and future needs of an age-restricted population, which will allow the residents to age in place and continue to enjoy the benefits of living in the community as they continue to age. These elements are included in Attachment 6 and are summarized as follows:
• Given the age-restricted community, it is anticipated that now or in the future, residents may require use of a walker, wheelchair or other assistance. Accessible access to front entries, a bathroom, and a bedroom are provided. Path of travel to these spaces meets threshold heights, width clearances, and door widths requirements • The kitchens include an accessible route to the sink and stove and the required clearances for these uses and at least one bathroom includes the required clear areas • Primary bedrooms are all on the ground floor and at least one bedroom includes the elements needed for access
• Blocking for grab bars would be installed.

School Impacts
As an age-restricted senior housing development, the project can be expected to generate minimal, if any, demand on school facilities. Nonetheless, the project developer has been in communication with the Pleasanton Unified School District regarding school impact fees and has informed the City that it expects to be subject to the District’s established fee for Senior Housing projects. Pursuant to State law, payment of school impact fees set by the state legislature is deemed adequate mitigation for schools-related impacts associated with new student generation. Construction will not be allowed to start until Pleasanton Unified School District has advised that such agreement has been finalized with the project developer and required fees paid.

Tree Removal and Landscaping
A tree report has been prepared that specifies the species, size, health, and value of the existing trees on the site that exceed six inches in diameter. A total of 379 existing trees were identified on the subject property or within the immediate vicinity of the project, including 135 heritage-sized trees as defined in the Municipal Code (i.e., a tree which measures 35 feet or greater in height or which measures 55 inches or greater in circumference). The project proposes to remove a total of 330 existing trees, including 112 heritage-size trees. The trees require removal due to direct or significant encroachment by the proposed project and/or related off-site improvements.

As outlined in the project description, landscape plans have been provided for the proposed project showing new planted areas throughout the project site. The landscape plans provide a

variety of trees, shrubs, and groundcover on the project site. The new trees proposed for the project are a combination of 24-inch and 60-inch box-sized trees. Final planting plan details would be determined at the time of building permit review and be finalized in consultation with the City’s Landscape Architect to ensure an attractive landscape that would also meet the City’s Water Efficient Landscaping Ordinance (WELO). The City’s Landscape Architect has included conditions of approval to mitigate the off-set for tree removal versus the new trees to be planted.

Staff believes the proposed landscape plan is attractive and contains sufficient landscape area throughout the project site. Staff believes that once finalized with the City’s Landscape Architect, the density and species of the new trees would be appropriate.

Inclusionary Zoning Ordinance (IZO) and Affordable Housing Agreement (AHA) Chapter 17.44 of the PMC (IZO) requires for new single-family residential projects of 15 units or more, that at least 20% of the project's dwelling units shall be affordable to very low, low, and/or moderate-income households. For the proposed project, the applicant is proposing to conform to the IZO by providing 18 (20% of the base 92-unit project) affordable for-sale units to moderate-income households at 120% of the Area Median Income (AMI). These restricted units are two-bedroom alley-loaded and/or courtyard detached and duet homes dispersed in several clusters throughout the project site and would feature the same exterior finishes and amenities as those planned for market-rate units. The IZO permits the affordable units to be smaller than the market-rate units, but requires they generally have similar architecture and amenities (with limited exceptions) to the market-rate units. It is noted that earlier iterations of the project plans clustered the units in a single area of the site; based on City comments, the units are now distributed in several locations within the site.

Per the AHA, construction of the affordable units must occur concurrently with the market-rate units. The applicant is also proposing to further expand the affordability component of the project by providing a minimum of four Accessory Dwelling Units (ADUs); two of these ADUs will be within the main home (attached ADUs) and the remaining ADUs will be detached structures in rear yards. While the ADUs are not required to be rented or sold at affordable levels, and do not “count” against the requirements of the IZO, the ADUs are considered affordable by design and do provide a beneficial increment of relatively affordable housing.

Homebuyers would also have the ability to add or include an ADU as an option for their unit and lot, and so there is the potential for additional ADUs to be provided, above and beyond the minimum of four guaranteed by the developer.

Further, pursuant to the IZO, an Affordable Housing Agreement (AHA) must be entered into by the City and the project owner, which records the method and terms by which a project owner shall comply with the requirements of the IZO. Per PMC Section 17.44.090, the Affordable Housing Agreement (Attachment 5) is to be reviewed by both the Planning Commission and the City Council with the City Council providing final approval of the AHA. Included as part of the AHA are requirements for administering the sale of the affordable senior units to qualified buyers. These requirements have been drafted with input from the City’s consultant, Bay Area Affordable Homeownership Alliance (BAAHA) and are tailored to the somewhat unique circumstances presented by these being affordable, senior, ownership units, based on the City’s existing Pleasanton Homeownership Assistance Program guidelines (PHAP). While the requirements are intended to ensure there will be an appropriate pool of qualified buyers, the AHA allows for the Community Development Director to approve changes to the Merritt

project-specific PHAP Requirements, to attract additional qualified buyers, if needed.

Development Agreement
As described, a Development Agreement between the City and the Developer is proposed.

The key negotiated terms of the draft DA (Attachment 4) are as follows:

1. Term: Initial 10 years from the date of annexation approval by LAFCO with option for an extension (length to be determined at the time of request for extension) to be approved by the City Manager.

2. Allows for vesting of fees in place at the time of proposed project approval and allows for appropriate annual escalators as specified by respective fee type programs.

3. Allows for deferred payment of City impact fees to final inspection request for each unit/facility. Third party impact fees (i.e., DSRSD, Zone 7, and PUSD) are not applicable.

4. No fee credits are to be provided to the applicant for the proposed Foothill Road bike and pedestrian improvements or the Marilyn Murphy Kane trail extension improvements.

5. The applicant shall be solely responsible for all costs associated with the design, installation, and ongoing maintenance of the Marilyn Murphy Kane Trail Extension.

6. Substantially complete to the satisfaction of the City Engineer, prior to issuance of 50th home building permit, or within 4 years of issuance of first building permit, whichever comes first.

7. Construction of Foothill Road bike and pedestrian improvements beyond the project frontage as follows: improvements to allow for safe ingress/egress to the site from Foothill Road, including roadway widening and creation of the required left-term pocket and other related improvements necessary in determination of the City Traffic Engineer, to be installed prior to issuance of first Certificate of Occupancy. Other Foothill Road bike and pedestrian improvements to be “substantially complete” to the satisfaction of the City Traffic Engineer, prior to issuance of 50th home building permit, or within 4 years of issuance of first building permit, whichever comes first.

8. A Public Safety facility and equipment contribution to the City in the amount of $1 million to be paid as follows: $200,000 to be paid at first building permit; $400,000 at time of issuance of 50th home’s building permit; and $400,000 at Building Permit for the 100th home building permit.

Based on these terms, staff has determined the City will receive at least equitable financial and other public benefits over the initial term of the DA, compared to the value of terms that are to the benefit of the developer, that leads staff to recommend support of the draft DA. In particular, the City would secure additional multimodal improvements along Foothill Boulevard and within the project in the form of a trail extension, would receive a direct financial contribution in the amount of $1 million to support provision of needed public safety improvements and equipment.

Notably, the City would receive full payment of Capital Facilities and Transportation Impact Fees, without any fee credits for proposed public improvements, to help offset the demands created on City facilities by the incremental addition of new residents to the City. Finally, although on-site affordable housing is a goal of the IZO, the existing ordinance permits payment of fees at the request of the developer; thus, achieving on-site units is a positive benefit of the project. The DA would support implementation of the project that, per the analysis above, would be consistent with the General Plan, and support a number of its policy goals around Land Use, Housing, and Sustainability. Accordingly, staff recommends the City

Council approve the Development Agreement and make findings of consistency with the General Plan.

Annexation
The project site is designated as Site 22 in the City’s Housing Element. The project site is located just outside of the City limits but within Pleasanton’s Sphere of Influence (SOI) and Urban Growth Boundary (UGB). Prior to development of the proposed project, the project site and a segment of Foothill Road in Alameda County abutting the project site would need to be annexed into the City of Pleasanton, consistent with City and LAFCO policies as well as Program 1.10 of the Housing Element. Annexation of the project site and adjacent right of way would represent a logical and orderly extension of urban growth and the City’s boundaries, which would ensure the project site would be developed in a comprehensive and thoughtful manner consistent with other nearby lands. Moreover, as the City processes development applications consistent with the Housing Element Update for the project site, these applications are reviewed by the City for compliance with the goals, policies, and programs of the General Plan and Municipal Code.

Furthermore, LAFCO would review the development applications for the project site to ensure consistency with LAFCO policies. As described above, annexation of the property would include negotiation of a tax-sharing agreement with the County, and negotiation of the apportionment of RHNA among the City and the County. While the City’s Housing Element included 92 units of above-moderate RHNA, this number was within the “buffer” of units above the RHNA in this category. In discussion with County staff, it was noted that the County’s Draft Housing Element does not reflect any units for this site in their inventory, and County staff acknowledged that absent the ability to connect to City utilities, the development potential of this site within the County would be quite limited. As such, City staff will advocate for the majority of the units entitled on the Merritt site to be counted toward Pleasanton’s RHNA allocation. At the time of annexation, the City will consider whether the project site should be incorporated into District 1 or District 3.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
A Consistency Checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) to determine whether the proposed project requires additional environmental review. The Consistency Checklist is attached to this report as Attachment 7. CEQA Guidelines Section 15183 mandates that projects consistent with the development density established by existing zoning, community plan, or general plan policies for which an FEIR/FEIR was certified (in this case the Pleasanton General Plan 2005-2025 FEIR and the Housing Element Update FEIR) shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects peculiar to the project or its site.

Section 15183 specifies that examination of environmental effects shall be limited to those effects that: (1) are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (2) are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the zoning action, general plan, or community plan, or (3) are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely based on that impact.

As illustrated by the Consistency Checklist (Attachment 1), the proposed project is found to be in conformance with the analysis and conclusions of the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR. This determination is based on the following criteria:

1. There are no new significant effects peculiar to the proposed project or its site;

2. There are no new significant effects that were not previously evaluated in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR;

3. There are no new significant off-site or cumulative impacts that were not analyzed in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR, and

4. There are no adverse impacts that are more severe than those previously identified in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

Where applicable, project-specific measures to implement the Mitigation Measures identified in the FEIR are incorporated as conditions of approval.

This evaluation concludes the proposed project qualifies for an exemption from additional environmental review under Section 15183 because it is consistent with the development density and land use characteristics established by the City, as analyzed by the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

EQUITY AND SUSTAINABILITY
The action directly implements the Housing Element, a key goal of which is to increase housing opportunities, including opportunities for housing affordable to lower- and middleincome residents – both through inclusionary requirements, and creating more opportunities for partnerships with housing developers. Approval of the proposed project would allow for the construction of 18 senior-age-qualified BMR units, consistent with the requirements of the City’s inclusionary ordinance.

This action also advances the sustainability goals of CAP 2.0, Strategy TLU-3, to advance sustainable land use, and supporting Action E6, which calls for the City to implement the Housing Element, aiming to achieve a balance between jobs and housing, including along transportation corridors such as Foothill Road.

OUTREACH
Notice of this meeting was sent to property owners and tenants/occupants within one thousand feet of the site as shown in Attachment 10. At the time of this report’s publication, and as described under the Planning Commission Action section of this report, staff had received approximately 20 letters, most of which were generally in support of the proposed project (Attachment 9). Public comments received after publication of this report will be forwarded to the City Council.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton Strategic Plan goal of Building a Community Where Everyone Belongs - Strategy 6, which aims to Implement the Housing Element and develop a plan to end homelessness to meet state requirements and provide opportunities for additional housing and shelter in the community. This project would add 110 new residential units to Pleasanton’s housing stock, inclusive of 18 on-site affordable units, all of which would provide new housing opportunities for the underserved age-restricted community.

FISCAL IMPACT
The proposed project would be responsible for the payment of fees, and for the costs (either fully or on a pro-rata basis) of various required utility or infrastructure improvements as set forth in the DRAFT Conditions of Approval and the recommended Pre-Annexation and Development Agreement. Also, per the Development Agreement, the project would make a contribution of $1 million toward public safety facilities and/or equipment. While one of the developer’s benefits negotiated as part of the DA is to vest impact fees at the amounts currently in place, with increases limited to the established annual increases that are part of the current fees, the DA also includes a provision that the City would not provide fee credits for public improvements made as part of the project.

Together with the public safety contribution, the Development Agreement would provide at least an equitable financial benefit to the City, compared to potential fee revenues foregone through vesting. The project would incrementally increase the demand for City services but in addition to payment of development impact fees, would also add ongoing property tax revenue, as well as incremental sales tax revenue associated with materials used for construction of the proposed project. It is noted that the ultimate property tax increment will be based on a tax-sharing agreement to be negotiated between the City and County, which will be subject to City Council review and approval at a later date, as part of the annexation proceedings.

SUMMARY/CONCLUSION
The project is consistent with the density and land uses allowed for and pre-zoned for the project site. Per the Planning Commission and staff’s recommendation, the proposed project would be consistent and compatible with the site development standards imposed on the surrounding residential uses to the north and south. The project provides 110 new residential units, including 18 affordable residential units, which assists the City in meeting its housing goals. As described in greater detail above, staff finds the project design, site plan, architecture, and overall landscaping/open space to be attractive and complementary to the surrounding neighborhoods, and the project and supporting Pre-Annexation and Development Agreement provides an appropriate degree of community and financial benefits to support a recommendation for approval.

Prepared by: Submitted by: Approved by:

Eric Luchini, Senior Planner Ellen Clark, Director of Community Development
Gerry Beaudin, City
Manager
Attachments:

1. Attachment 1 - Resolution CEQA Section 15183 Consistency Checklist

2. Attachment 2 - Resolution Annexation (P22-1089) and Vesting Tentative Map (Tract 8522)

3. Attachment 3 - Ordinance PUD with Exhibits (PUD-147)

4. Attachment 4 - Ordinance Development Agreement with Exhibits (P24-0378)

5. Attachment 5 - Resolution Affordable Housing Agreement with Exhibits (AHA)

6. Attachment 6 - Merritt Project Plans

7. Attachment 7 - June 26, 2024 Planning Commission Agenda Report - no exhibits

8. Attachment 8 - DRAFT Planning Commission Meeting Minutes 6-26-24

9. Attachment 9 - Public Comments

10. Attachment 10 - Notification Maps

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON FINDING THE

PROJECT FOR THE APPLICATIONS SUBMITTED BY FOOTHILL BOULEVARD HOLDING COMPANY, LLC, AND FILED UNDER CASE NOS. P22-1089, PUD-147, TRACT 8522, AND P24-0378 EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15183 WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) Request for Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one (1) existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”) for property located at 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12 (hereinafter “Property”); and
WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and WHEREAS, the Property is Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and then recommended approval of the Project to the City Council; and WHEREAS, at its duly noticed public meeting of July 16, 2024, and prior to taking action on the Project, the City Council considered written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”), and made the following determinations based on the Record Evidence.

NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

Section 1. Findings for California Environmental Quality Act (CEQA) With respect to CEQA, the City Council finds it has independently reviewed and analyzed the 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton 2023- 2031 (6th Cycle) Housing Element Update Environmental Impact Report (SCH# 2022040091) (Housing Element Update Final EIR or FEIR) and has considered the information contained therein and all relevant Record Evidence prior to approving the Project. The City Council further finds the CEQA Guidelines Section 15183 Consistency Checklist prepared for the Project Attachment 1

pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR) satisfies the requirements of CEQA and represents the independent judgment and analysis of the City of Pleasanton as lead agency for the Project.

Accordingly, the City Council makes the following findings:

1. There are no new significant effects peculiar to the proposed Project or its site;

2. There are no new significant effects that were not previously evaluated in the FEIR;

3. There are no new significant off-site or cumulative impacts that were not analyzed in the FEIR,

4. There are no adverse impacts that are more severe than those previously identified in the FEIR.

5. The Project is consistent with development density and all other applicable provisions of both the General Plan as amended by the Housing Element Update for which the FEIR was prepared, and the zoning applicable to the Project site as amended by the rezonings for which the FEIR was prepared.

6. Mitigation Measures AIR-1a, AIR-1b, GEO-6, BIO-1, HAZ-2, NOI-1 and TRANS-2 from the FEIR are applicable to the Project. These measures are feasible and have been or are required to be implemented. Measures AIR-1a, AIR-1b, and GEO-6 are required by condition of approval 40. Measure HAZ-2, Measure TRANS-2, and the Project design aspects of Measure AIR-1b have already been satisfied. condition of approval 40 includes provisions detailing how Measures BIO-1 and NOI-1 will be implemented for the Project.

Section 2. The City Council adopts the conclusions and determinations of the CEQA Section 15183 Consistency Checklist for the Project for the reasons stated therein. The Project is exempt pursuant to Section 15183. No additional environmental review and no changes to the CEQA findings or determinations adopted in connection with the FEIR are necessary or appropriate. A copy of the 15183 Consistency Checklist for the Project is attached hereto as Exhibit A.

Section 3. The City staff is hereby directed to cause a Notice of Exemption to be filed pursuant to the applicable CEQA Guidelines.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 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 July 16, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney

Exhibit A
CEQA Section 15183 Consistency Checklist and Appendices (Page Intentionally Left Blank)

CEQA Guidelines Section 15183 Consistency Checklist
This document is available electronically at:
https://weblink.cityofpleasantonca.gov/weblink/0/doc/308898/Page1.aspx

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING: (1) A REQUEST FOR ANNEXATION; AND (2) A VESTING TENTATIVE MAP, SUBJECT TO THE

CONDITIONS OF APPROVAL FOR THE PROPOSED PROJECT, SUBMITTED BY FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FILED UNDER CASE NOS. P22-1089 AND TRACT 8522
WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) A Request for Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”), for property located at 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12 (hereinafter “the Property”); and
WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and WHEREAS, the Property is Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, and prior to taking action on the Project, the City Council considered written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”), and made the following determinations based on the Record Evidence; and
WHEREAS, at its duly noticed public meeting of July 16, 2024, the City Council considered the written agenda report, all public testimony, relevant exhibits, and staff/Planning Commission recommendations.

NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

Section 1. At its meeting on July 16, 2024, the City Council determined the Project is exempt pursuant to CEQA Guideline Section 15183, as documented in a Section 15183 Checklist for the Project.

Section 2. Prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project Attachment 2

(collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

Section 3. The City Council has considered the findings made in Planning Commission Resolution No. PC-2024-14, attached hereto and incorporated herein as Exhibit A, and hereby adopts the same findings by this reference, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Annexation (P22-1089) and Vesting Tentative Map (Tract 8522) for the Project, as reflected in the plans dated, “Received June 15, 2024,” for the Foothill Boulevard Holding Company, LLC, subject to the Conditions of Approval attached as Exhibit A to Ordinance XXXX for PUD-147.

Section 4. This resolution shall become effective upon the effective date of the ordinance approving a Planned Unit Development (PUD) development plan for the Project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 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 July 16, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney

Exhibit A
Planning Commission Resolution No. PC-2024-14
(page left blank intentionally)

RESOLUTION NO. PC-2024-14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RECOMMENDING THE CITY COUNCIL: (1) ADOPT A CEQA GUIDELINES SECTION 15183

CONSISTENCY CHECKLIST PURSUANT TO THE CITY OF PLEASANTON HOUSING ELEMENT UPDATE FINAL ENVIRONMENTAL IMPACT REPORT (FSEIR); (2) APPROVE

ANNEXATION, A PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN TO CONSTRUCT A 111-LOT RESIDENTIAL SUBDIVISION, INCLUDING AN AGE-QUALIFIED COMMUNITY WITH 92 SINGLE-FAMILY DETACHED HOMES, 18 AFFORDABLE SENIOR

COURT-YARD DETACHED AND DUET HOMES, ONE EXISTING SINGLE-FAMILY

RESIDENCE, AND RELATED ON-AND OFF-SITE IMPROVEMENTS, A VESTING

TENTATIVE MAP, AND A PRE-ANNEXATION AND DEVELOPMENT AGREEMENT SUBJECT TO THE CONDITIONS OF APPROVAL; AND (3) DIRECT THE CITY MANAGER

TO ENTER INTO AN AFFORDABLE HOUSING AGREEMENT WITH FOOTHILL

BOULEVARD HOLDING COMPANY, LLC FOR THE PROPOSED PROJECT AS FILED UNDER CASE NOS.

P22-1089, PUD-147, AND TRACT 8522
WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) adoption of a CEQA Guidelines Section 15183 Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FSEIR); (2) Annexation (P22-1089), a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 singlefamily detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, a Vesting Tentative Map (Tract 8522), and a Pre-Annexation and Development Agreement; and (3) an Affordable Housing Agreement for the proposed project located 4131 Foothill Road (APN 941-0950-003- 03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950- 003-12 (hereinafter “project”); and
WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and WHEREAS, the Property is designated Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations.

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

Section 1: Recommended Findings for California Environmental Quality Act (CEQA) With respect to CEQA, the Planning Commission finds it has independently reviewed and analyzed the 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update Environmental Impact Report

(SCH# 2022040091) (Housing Element Update Final EIR or FEIR) and has considered the information contained therein, prior to recommending approval of the Project. The Planning Commission further finds the CEQA Guidelines Section 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton Housing Element Update Environmental Impact Report (FEIR) satisfies the requirements of CEQA and represents the independent judgment and analysis of the City of Pleasanton as lead agency for the Project.

Accordingly, the Planning Commission recommends the City Council make the following findings for adoption of the 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton Housing Element Update Environmental Impact Report (FEIR):

1. There are no new significant effects peculiar to the proposed project or its site;

2. There are no new significant effects that were not previously evaluated in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR;

3. There are no new significant off-site or cumulative impacts that were not analyzed in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR, and

4. There are no adverse impacts that are more severe than those previously identified in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

This evaluation concludes the proposed project qualifies for an exemption from additional environmental review under Section 15183 because it is consistent with the development density and land use characteristics established by the City, as analyzed by the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

Section 2: Recommended Findings for Annexation (P22-1089) With respect to annexation, the project site is designated as Site 22 in the City’s Housing Element. The project site is located just outside of the City limits but within Pleasanton’s Sphere of Influence (SOI) and Urban Growth Boundary (UGB). Prior to development of the proposed project, the project site would need to be annexed into the City of Pleasanton, and a segment of Foothill Road in Alameda County abutting the project site, consistent with City and LAFCO policies as well as Program 1.10 of the Housing Element. Accordingly, the Planning Commission finds and recommends the City Council approve annexation of the project site and adjacent right of way because it would represent a logical and orderly extension of urban growth and the City’s boundaries, which would ensure the project site would be developed in a comprehensive and thoughtful manner consistent with other nearby lands. Moreover, as the City processes development applications consistent with the Housing Element Update for the project site, these applications are reviewed by the City for compliance with the goals, policies, and programs of the General Plan and Municipal Code. Furthermore, LAFCO would review the development applications for the project site to ensure consistency with LAFCO policies.

Section 3: Recommended Findings for approval of PUD Development Plan (PUD-147) With respect to Case No. PUD-147, the Planning Commission recommends the City Council make the following findings and determinations with respect to each of the considerations for a PUD Development Plan as required by Section 18.68.110 of the PMC:

1. Whether the plan is in the best interests of the public health, safety, and general welfare:

The Project, as conditioned, meets all applicable City standards concerning public health, safety, and welfare. The Project would include the installation of all required on-site utilities with connections to municipal systems to serve the new development. With the recommended traffic improvements/mitigations, the Project will not generate volumes of traffic that cannot be accommodated by existing City streets and intersections in the area.

The structures would be designed to meet the requirements of the Uniform Building Code, Fire Code, and other applicable City codes. Adequate access would be provided to the structures for police, fire, and other emergency response vehicles. Stormwater run-off from the site will be treated before leaving the site. Construction hour limits and dust suppression requirements would minimize construction impacts on the surrounding residents and tenants. The Project is compatible with the adjacent uses and would be consistent with the existing scale and character of the area. Therefore, it is recommended the proposed PUD development plan is in the best interests of the public health, safety, and general welfare, and this finding can be made.

2. Whether the plan is consistent with the City's General Plan and any applicable specific plan:

The Property’s Land Use Designation of Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) permits residential uses; thus, the Project would be consistent with the General Plan Land Use Designation. The proposed density of two dwelling units per approximate acre, plus 20 percent density bonus as allowed under State Density Bonus Law, is consistent with the General Plan. The Project would further several General Plan Programs and Policies including: encouraging the reuse of vacant and underutilized parcels by development on an underutilized former orchard within the existing urban area; encourage the use of density bonuses in residential projects that include housing units affordable to extremely low-, very low‑, low‑, and moderate-income households and support development and maintenance of affordable senior housing and supportive services to facilitate maximum independence and the ability of seniors to remain in their homes and/or the community. The project would also be In conformance with the Inclusionary Zoning Ordinance, which requires each residential and non‑residential development to which the Ordinance applies, to include its pro‑rata share of housing needs for lower- and moderate- income households. City policies strongly encouraged that the Inclusionary Zoning Ordinance requirements be met by building housing affordable to lowerand moderate-income households, which would be accomplished by this project through the construction of on-site, deed-restricted senior housing units. The Project environmental review determined that the Project will present no new or more severe significant impacts, and no unstudied impacts that are peculiar to the parcel. Therefore, it is recommended the City Council find the proposed development plan is consistent with the City’s General Plan, and this finding can be made.

3. Whether the plan is compatible with previously developed properties in the vicinity and the natural, topographic features of the site:

The Project site is surrounded primarily by residential development. The proposed residential use would be compatible with these surrounding uses. The units’ heights would be compatible with the surrounding and existing single-family residences to the north and south. The residences have been In attractively designed and would be compatible with the

design of the surrounding residential uses. New and dense landscaping would be installed along the Project perimeters and within the interior of the Project to soften the Project from off-site views and provide buffers between sidewalks and roadways, and the Project.

Additionally, the Project preserves several existing mature trees including two large Heritage-sized trees located generally in the middle of the proposed project site. The proposed project site drops in elevation to the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. In response, the grading plan has been designed to be sympathetic to the natural terrain and includes stepping the building pads down the hill to minimize the use of large retaining walls and reduce the overall need for terracing slopes on the project site. Therefore, it is recommended the City Council make this finding.

4. Whether grading takes into account environmental characteristics and is designed in keeping with the best engineering practices to avoid erosion, slides, or flooding to have as minimal an effect upon the environment as possible.

As described above, the proposed project site drops in elevation towards the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. Grading is proposed throughout the proposed project areas to create the predominantly flat pad lots, bio-retention areas, and streets. Due to some abrupt grade changes in the central portions of the proposed project site, approximately 12,400 cubic yards of earth is estimated for off-haul or export. Erosion control and dust suppression measures would be documented in the building and improvement plans and will be administered by the City’s Building and Engineering Divisions. City building code requirements would ensure that building foundations, on-site driveways, and parking areas are constructed on properly prepared surfaces. The proposed development would provide adequate drainage to prevent flooding. Parking lot and roof drainage would drain into landscaped bioretention areas that would filter contaminants before entering the arroyos and, ultimately, the bay. The proposed project site is not located within an Alquist-Priolo Earthquake Fault Zone. The flood hazard maps of the Federal Emergency Management Agency (FEMA) indicate the Property is not located in a flood hazard zone. Therefore, it is recommended the City Council make this finding.

5. Whether streets and buildings have been designed and located to complement the natural terrain and landscape:

The Property is in a developed area of the City and would not involve the extension of any new public streets (all streets are private). The majority of the new development would be located on the more level areas of the proposed project site, and as described in Finding 3, the grading has been designed to integrate the necessary streets and building pads into the terrain and landscape of the site to the extent feasible. The proposed residences would be compatible in size and scale with surrounding structures and would include a variety of roof heights and varied massing to blend with the surroundings. New landscaping including large box-sized trees would be installed to mitigate the loss of the existing landscaping and trees.

Therefore, it is recommended the City Council make this finding.

6. Whether adequate public safety measures have been incorporated into the design of the plan:

The public improvements associated with the Project would be consistent with City design standards. The existing driveway entrance is located and configured to provide adequate line-of-sight viewing distance for vehicles and to facilitate efficient ingress/egress to and from the proposed project site. All internal streets and motor-courts would meet City standards for emergency vehicle access and turn-around. Adequate access would be provided to all structures for police, fire, and other emergency vehicles. The residences and clubhouse would be required to meet the requirements of the Uniform Building Code, Fire Code, other applicable City codes, and State of California energy and accessibility requirements. The residences and clubhouse would be equipped with automatic fire suppression systems (sprinklers). Therefore, it is recommended the City Council make this finding.

7. Whether the plan conforms to the purposes of the PUD District:

The proposed PUD development plan conforms to the purposes of the PUD district, and the City’s Housing Element. One of the purposes of the PUD district is to ensure the desires of the Applicant and the community are understood and approved prior to commencement of construction. The proposed project implements the purposes of the PUD Ordinance in this case by providing a residential project that is well-designed and well-integrated with the existing development in the vicinity, that fulfills the desires of the applicant, and that meets the City’s General Plan and Housing Element goals and policies.

By taking advantage of the flexibility of the PUD district while complementing the minimum development standards of the surrounding residential neighborhoods, the applicant and staff have been able to work together to design the Project in a manner most appropriate for this use. Through the PUD process the Project has provided the Applicant and the City with a development plan that optimizes the use of this infill site in a sensitive manner. Therefore, it is recommended the City Council make this finding.

Section 4: The Planning Commission hereby recommends the following to the City Council:
a. Adopt a resolution adopting the Section 15183 Consistency Checklist for the Project. b. Adopt the findings set forth in Section 3 of this Resolution. c. Adopt a resolution approving Annexation (P22-1089) and Vesting Tentative Map (Tract 8522), subject to the draft conditions of approval listed in the attached Exhibit A. d. Adopt ordinances approving Planned Unit Development development plan (PUD-147), and the Pre-Annexation and Development Agreement subject to the draft conditions of approval listed in the attached Exhibit A.
e. Adopt a resolution directing the City Manager to execute the Affordable Housing Agreement with Foothill Boulevard Holding Company, LLC for the Project.

Section 5: This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Pleasanton at a regular meeting held on June 26, 2024, by the following vote:

Ayes: Commissioners
Noes: Commissioners

Absent: Commissioners
Abstain: Commissioners
ATTEST:
_____________________________ ______________________________ Melinda Denis Matt Gaidos
Secretary, Planning Commission Chair
APPROVED AS TO FORM:
______________________________
Kimberly Cilley
Assistant City Attorney

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING A PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN TO CONSTRUCT A 111-LOT RESIDENTIAL SUBDIVISION, INCLUDING AN AGEQUALIFIED COMMUNITY WITH 92 SINGLE-FAMILY DETACHED HOMES, 18

AFFORDABLE SENIOR COURT-YARD DETACHED AND DUET HOMES, ONE

EXISTING SINGLE-FAMILY RESIDENCE, AND RELATED ON-AND OFF-SITE

IMPROVEMENTS, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR THE

APPLICATION SUBMITTED BY FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FILED UNDER CASE NO. PUD-147
WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an agequalified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”) for property located at 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003- 12 (hereinafter “the Property”); and
WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and WHEREAS, the Property is Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and then recommended approval of the Project to the City Council; and WHEREAS, at its duly noticed public meeting of July 16, 2024, the City Council considered the written agenda report, all public testimony, relevant exhibits, and staff/Planning Commission recommendations.

WHEREAS, the City Council finds that the Project is consistent with the General Plan and the purposes of the PUD ordinance based on the considerations set forth in this ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

Attachment 3

Ordinance No.

Section 1. At its meeting on July 16, 2024, the City Council determined the Project is exempt pursuant to CEQA Guideline Section 15183 as documented in a Section 15183 Checklist for the Project.

Section 2. Prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 3. Findings for approval of PUD Development Plan (PUD-147) With respect to Case No. PUD-147, the City Council makes the following findings and determinations with respect to each of the considerations for a PUD Development Plan as required by Section 18.68.110 of the PMC:

1. Whether the plan is in the best interests of the public health, safety, and general welfare:

The Project, as conditioned, meets all applicable City standards concerning public health, safety, and welfare. The Project would include the installation of all required on-site utilities with connections to municipal systems to serve the new development. With the recommended traffic improvements/mitigations, the Project will not generate volumes of traffic that cannot be accommodated by existing City streets and intersections in the area. The structures would be designed to meet the requirements of the Uniform Building Code, Fire Code, and other applicable City codes. Adequate access would be provided to the structures for police, fire, and other emergency response vehicles. Stormwater run-off from the site will be treated before leaving the site. Construction hour limits and dust suppression requirements would minimize construction impacts on the surrounding residents and tenants. The Project is compatible with the adjacent uses and would be consistent with the existing scale and character of the area. Therefore, it is recommended the proposed PUD development plan is in the best interests of the public health, safety, and general welfare, and this finding can be made.

2. Whether the plan is consistent with the City's General Plan and any applicable specific plan:

The Property’s Land Use Designation of Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) permits residential uses; thus, the Project would be consistent with the General Plan Land Use Designation. The proposed density of two dwelling units per approximate acre, plus 20 percent density bonus as allowed under State Density Bonus Law, is consistent with the General Plan. The Project would further several General Plan Programs and Policies including: encouraging the reuse of vacant and underutilized parcels by development on an underutilized former orchard within the existing urban area; encourage the use of density bonuses in residential projects that include housing units affordable to extremely low-, very low‑, low‑, and moderate-income households and support development and maintenance of affordable senior housing and supportive services to facilitate maximum independence and the ability of seniors to remain in their homes and/or the community. The project would also be In conformance with the Inclusionary Zoning Ordinance, which requires each residential and non‑residential development to which the Ordinance applies, to include its pro‑rata share of housing needs for lower- and moderate- income households. City policies strongly encouraged that the Inclusionary Zoning Ordinance requirements be met by building

Ordinance No.

housing affordable to lower- and moderate-income households, which would be accomplished by this project through the construction of on-site, deed-restricted senior housing units. The Project environmental review determined that the Project will present no new or more severe significant impacts, and no unstudied impacts that are peculiar to the parcel. Therefore, the City Council finds the proposed development plan is consistent with the City’s General Plan, and this finding can be made.

3. Whether the plan is compatible with previously developed properties in the vicinity and the natural, topographic features of the site:

The Project site is surrounded primarily by residential development. The proposed residential use would be compatible with these surrounding uses. The units’ heights would be compatible with the surrounding and existing single-family residences to the north and south. The residences have been In attractively designed and would be compatible with the design of the surrounding residential uses. New and dense landscaping would be installed along the Project perimeters and within the interior of the Project to soften the Project from off-site views and provide buffers between sidewalks and roadways, and the Project. Additionally, the Project preserves several existing mature trees including two large Heritage-sized trees located generally in the middle of the proposed project site. The proposed project site drops in elevation to the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. In response, the grading plan has been designed to be sympathetic to the natural terrain and includes stepping the building pads down the hill to minimize the use of large retaining walls and reduce the overall need for terracing slopes on the project site. Therefore, the City Council makes this finding.

4. Whether grading takes into account environmental characteristics and is designed in keeping with the best engineering practices to avoid erosion, slides, or flooding to have as minimal an effect upon the environment as possible.

As described above, the proposed project site drops in elevation towards the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. Grading is proposed throughout the proposed project areas to create the predominantly flat pad lots, bio-retention areas, and streets. Due to some abrupt grade changes in the central portions of the proposed project site, approximately 12,400 cubic yards of earth is estimated for off-haul or export. Erosion control and dust suppression measures would be documented in the building and improvement plans and will be administered by the City’s Building and Engineering Divisions. City building code requirements would ensure that building foundations, on-site driveways, and parking areas are constructed on properly prepared surfaces. The proposed development would provide adequate drainage to prevent flooding. Parking lot and roof drainage would drain into landscaped bioretention areas that would filter contaminants before entering the arroyos and, ultimately, the bay. The proposed project site is not located within an Alquist-Priolo Earthquake Fault Zone. The flood hazard maps of the Federal Emergency Management Agency (FEMA) indicate the Property is not located in a flood hazard zone. Therefore, the City Council makes this finding.

5. Whether streets and buildings have been designed and located to complement the natural terrain and landscape:

The Property is in a developed area of the City and would not involve the extension of any new public streets (all streets are private). The majority of the new development would be located on the more level areas of the proposed project site, and as described in Finding 3, the grading has been designed to integrate the necessary streets and building pads into the

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terrain and landscape of the site to the extent feasible. The proposed residences would be compatible in size and scale with surrounding structures and would include a variety of roof heights and varied massing to blend with the surroundings. New landscaping including large box-sized trees would be installed to mitigate the loss of the existing landscaping and trees.

Therefore, the City Council makes this finding.

6. Whether adequate public safety measures have been incorporated into the design of the plan:

The public improvements associated with the Project would be consistent with City design standards. The existing driveway entrance is located and configured to provide adequate lineof-sight viewing distance for vehicles and to facilitate efficient ingress/egress to and from the proposed project site. All internal streets and motor-courts would meet City standards for emergency vehicle access and turn-around. Adequate access would be provided to all structures for police, fire, and other emergency vehicles. The residences and clubhouse would be required to meet the requirements of the Uniform Building Code, Fire Code, other applicable City codes, and State of California energy and accessibility requirements. The residences and clubhouse would be equipped with automatic fire suppression systems (sprinklers). Therefore, the City Council makes this finding.

7. Whether the plan conforms to the purposes of the PUD District:

The proposed PUD development plan conforms to the purposes of the PUD district, and the City’s Housing Element. One of the purposes of the PUD district is to ensure the desires of the Applicant and the community are understood and approved prior to commencement of construction. The proposed project implements the purposes of the PUD Ordinance in this case by providing a residential project that is well-designed and well-integrated with the existing development in the vicinity, that fulfills the desires of the applicant, and that meets the City’s General Plan and Housing Element goals and policies. By taking advantage of the flexibility of the PUD district while complementing the minimum development standards of the surrounding residential neighborhoods, the applicant and staff have been able to work together to design the Project in a manner most appropriate for this use. Through the PUD process the Project has provided the Applicant and the City with a development plan that optimizes the use of this infill site in a sensitive manner. Therefore, the City Council makes this finding.

Section 4. Findings Pursuant to Government Code Section 65863 (No Net Loss) The proposed project would include 93 above-moderate income residential units and 18 moderate-income residential units; in comparison, the inventory of sites included in the 6th Cycle Housing Element projected this Property (listed as Area 22 in Table B-14) would provide up to 93 above-moderate income residential units. The Project would provide 18 moderate-income residential units, which is 18 more moderate-income units than projected in the inventory. There would be no net loss of units resulting from approval of this project.

Section 5. The City Council has considered the findings made in Planning Commission Resolution No. PC-2024-14, attached hereto and incorporated herein as Exhibit A, and hereby adopts the same findings by this reference, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Planned Unit Development Plan (PUD-147), as reflected in the plans dated, “Received June 15, 2024,” for the Foothill Boulevard Holding Company, LLC, subject to the Conditions of Approval in Exhibit A, attached hereto and incorporated into this ordinance by reference.

Ordinance No.

Section 6. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.

Section 7. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on July 16, 2024, and enacted at a regular meeting on XXXX, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

DRAFT CONDITIONS OF APPROVAL
P22-1089, PUD-147, Tract 8522, and P24-0378
4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12
July 16, 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: (1) adoption of a CEQA Guidelines Section 15183 Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); (2) the following entitlements: (a) Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement for the proposed project located 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12.

Development shall be substantially as shown on the project materials listed below:
a. Project plans, Vesting Tentative Map, Visual Simulations, Color and Material Board, etc., Exhibit B, prepared by Dahlin Group, RJA, KTGY, and RW Stover and Associates for Foothill Boulevard Holding Company, LLC, dated “Received” on June 15, 2024, and kept on file in the Planning Division of the Community Development Department. b. Design Guidelines and Development Standards prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 2023, and kept on file in the Planning Division of the Community Development Department.
c. Arborist Report prepared by HortScience for DeSilva Group, dated “Received” in April 2023, and kept on file in the Planning Division of the Community Development Department.
d. Archeological Cultural Resources Assessment prepared by Basin Research Associates for DeSilva Group, dated “Received” on January 27, 1997, and October 23, 2023, and kept on file in the Planning Division of the Community Development Department. e. Historic Structure Assessment prepared by Design Story Spaces, for Foothill Boulevard Holding Company, dated “Received” on October 23, 2023, and kept on file in the Planning Division of the Community Development Department.

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f. Phase 1 Cultural Resources Assessment prepared by First Carbon Solutions, dated February 1, 2024 and included as Appendix D of the CEQA Section 15183 Consistency Checklist.
g. Biological Resources Assessment prepared by Olberding Environmental, Inc., for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department. Updated Report Dated November 2023
h. Geotechnical Report prepared by Berlogar Stevens and Associates, for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department. i. Noise and Vibration Assessment prepared by Bollard Acoustical Consultants, Inc., for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department. j. Air Quality Assessment prepared by Ramboll., dated May 2023 for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department. k. Hydraulic Report prepared by RJA, for Foothill Boulevard Holding Company, dated “Received” on December 15, 2023, and kept on file in the Planning Division of the Community Development Department.
l. CAP 2.0 Checklist prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 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, house colors or materials, green building measures, landscape material, etc.

2. EXPIRATION – RESIDENTIAL PUD: The PUD development plan shall lapse in accordance with the DA from the effective date of this ordinance unless a final or parcel map, as applicable, is approved. If a final or parcel map is approved, the PUD development plan approval shall lapse when the final or parcel map approval expires. If the map is recorded before the final or parcel map expires, then the PUD development approval shall not lapse.

Ordinance No.

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 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. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect.

6. 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.

7. DEVELOPMENT AGREEMENT: Prior to issuance of a Building Permit, the applicant shall execute the City Council-approved Development Agreement. Project Specific Condition
PLANNING DIVISION – 925-931-5600
Site Development and Building Design

8. DEVELOPMENT STANDARDS: The project site shall be developed in accordance with the approved PUD Development Plan as shown on the Approved Plans referenced herein. Any subsequent development beyond that shown on the Approved Plans shall be subject to the development standards shown on the Approved Plans and/or, as applicable, the Design Guidelines and Development Standards prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 2023, and kept on file in the Planning Division of the Community Development Department, also referenced herein. Project Specific Condition

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

Ordinance No.

10. 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.

11. 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.

12. SIGN PROGRAM: Site and building signage shall be reviewed under a comprehensive sign program submitted to the Planning Division under a separate application.

13. 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.

14. OUTDOOR STORAGE: Outdoor storage shall be prohibited within front yards and portions of lots visible from the street.

15. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. All exterior lighting including landscape lighting shall be directed downward and designed or shielded so as to not shine onto neighboring properties or streets. The photometrics shall be reviewed and approved by the City Traffic Engineer and Director of Community Development prior to building permit issuance. The type and location of all exterior light fixtures shall be reviewed and approved by the Director of Community Development prior to building permit issuance.

16. 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.

17. 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.

18. 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.

19. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy.

Ordinance No.

20. 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.

21. 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. Screening details shall be shown on the plans submitted for building permit, the adequacy of which shall be determined by the Director of Community Development. All required screening shall be installed prior to final occupancy.

22. TRASH ENCLOSURE: All trash, refuse, and recycling shall be contained completely within enclosures. Containers shall be stored within the enclosures at all times except when being unloaded. The enclosures shall be sized to accommodate trash, recycling, and green waste containers in compliance with the Alameda County Mandatory Recycling Ordinance. The materials and colors of any new enclosures shall match or be compatible with the primary building on site and the gates shall be metal or solid wood unless otherwise approved by the Director of Community Development. Elevation drawings and plan details, including color and material of the enclosures noted, shall be included in the building permit submittal and shall be subject to the review and approval of the Director of Community Development prior to building permit issuance.

23. RECYCLING AND COMPOSTING PROGRAMS: The project shall comply with the current City/Pleasanton Garbage Service recycling and composting programs.

Green Building and Sustainability Measures

24. 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.

25. ALL-ELECTRIC: This project is to have no new gas infrastructure installed. This shall be noted on the plans submitted for Building Permits.

Construction Practices and Noticing

26. 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. 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.

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27. 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).

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

29. 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.

30. 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.

31. EXCESS SOIL AND SOIL STOCKPILING: All excess soil from the site shall be offhauled from the site and disposed of in a lawful manner. No temporary stockpiling of dirt on this site shall occur without specific review and approval by the Director of Community Development.

32. 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.

33. 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.

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34. CULTURAL RESOURCES/HUMAN REMAINS: If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work shall stop within 20-meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of the State California Environmental Quality Act (CEQA) Guidelines. 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, Public Resources Section 5097.98, and Title 14 California Code of Regulations Section 15064.5. These code provisions require notification of the County Coroner, who may then notify 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. A similar note shall appear on the building permit and/or improvement plans.

35. FEES: Unless otherwise specified by the project Development Agreement, 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 permit is issued. Project Specific Condition

36. WATER FEES AND WATER METER CONNECTION FEES: Unless otherwise specified by the Development Agreement, 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.

37. SEWER FEES: Unless otherwise specified by the Development Agreement, the applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer permit fees prior to building permit issuance.

38. SCHOOL IMPACT FEES – RESIDENTIAL NEW CONSTRUCTION: Applicant shall pay school impact fees in accordance with the fee schedule established by Pleasanton Unified School District. 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.

39. RECORDED DISCLOSURES: All lots covered by this approval shall include separately recorded disclosure statements or restrictive covenants indicating the following:
a. Unless otherwise specified in the Design Guidelines and Development Standards for the project, additions and/or modifications to the structures and garages are prohibited.
b. Driveway parking shall be prohibited for any home where the driveway lengths is less than 23 feet. In no circumstance shall parked vehicles be permitted to overhang or obstruct sidewalks, paths, trails, driveways, or other required access. Boats, trailers, campers, motor homes, and other recreational vehicles are not allowed to be parked or stored on-site, unless effectively screened from view from the street.

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c. Garages shall not be modified or used for storage in a manner that would interfere with the ability to park two cars within the garages of the units.

Project Specific Condition
d. Wording for these disclosures and covenants shall be written in simple/plain language, shall be submitted to the City Attorney for review and approval prior to recordation of the final map, and shall be recorded over the project site by separate instrument.

40. CONDITIONS OF APPROVAL: The applicant shall provide all initial buyers with copies of the final project conditions of approval.

Environmental

41. MITIGATION MEASURES/IMPLEMENTATION MEASURES: As indicated in the project’s Section 15183 Checklist, several mitigation measures identified in the Housing Element Update FEIR are applicable to the proposed project:
• MM AIR-1a
• MM AIR-1b
• MM BIO-1
• MM GEO-6
• MM HAZ-2
• MM NOI-1
• MM TRANS 2
The following measures from the Housing Element Update FEIR shall be implemented:
• MM AIR-1a: Prior to the issuance of a grading or building permit, whichever is sooner, the project applicant for a potential site for rezoning shall submit an air quality construction plan detailing the proposed air quality construction measures related to the project such as construction phasing, construction equipment, and dust control measures, and such plan shall be approved by the Director of Community Development. Air quality construction measures shall include Basic Construction Mitigation Measures, as approved by the Bay Area Air Quality Management District (BAAQMD) in 2017, and, where construction-related emissions would exceed the applicable thresholds, Additional Construction Mitigation Measures, as recommended by the BAAQMD, shall be implemented to reduce emissions to acceptable levels. The air quality construction plan shall be included on all grading, utility, building, landscaping, and improvement plans during all phases of construction and for access roads, parking areas, and staging areas at construction sites.
• MM GEO-6: A professional paleontologist, approved by the City of Pleasanton, shall conduct a site-specific paleontological resources survey on the potential sites for rezoning
If any of the potential sites for rezoning are found to be underlain by older Quaternary deposits, or any other soil with the potential to contain vertebrate fossils due to their high paleontological sensitivity for significant resources, applicants, owners and/or sponsors of all future development or construction projects shall be required to perform or provide paleontological monitoring, if recommended by the qualified paleontologist. Should significant paleontological resources (e.g., bones, teeth, well-preserved plant elements) be unearthed by a

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future project construction crew, project activities shall be diverted at least 15 feet from the discovered paleontological resources until a professional paleontologist has assessed such discovered resources and, if deemed significant, such resources shall be salvaged in a timely manner. The applicant/owner/sponsor of said project shall be responsible for diverting project work and providing the assessment including retaining a professional paleontologist for such purpose.

Collected fossils shall be deposited by the applicant/owner/sponsor in an appropriate repository (e.g., University of California Museum of Paleontology (UCMP), California Academy of Sciences) where the collection shall be properly curated and made available for future research.

In addition, in accordance with the FEIR Mitigation Measures, additional site-specific technical studies were completed, the results of which are documented in the Section 15183 Checklist. The project shall implement the following project-specific requirements, pursuant to the respective FEIR Mitigation Measures listed, and in accordance with the technical studies. For the remaining Mitigation Measures listed above, the technical studies and Section 15183 Checklist conclude that no further study or project-specific implementation is needed:

A. Project-Specific Implementation Measures for Compliance with MM Bio-1:
• General Avoidance and Minimization Measures Included in the East Alameda County Conservation Strategy (EACCS) – The EACCS contains the following general avoidance and minimization measures to reduce the effects on focal species. These measures are taken from Table 3-2: of the EACCS (ICF 2010). o Employees and contractors performing construction activities will receive environmental sensitivity training. Training will include review of environmental laws and Avoidance and Minimization Measures (AMMs) that must be followed by all personnel to reduce or avoid effects on covered species during construction activities.
o Environmental tailboard trainings will take place on an as‐needed basis in the field. The environmental tailboard trainings will include a brief review of the biology of the covered species and guidelines that must be followed by all personnel to reduce or avoid negative effects to these species during construction activities. Directors, Managers, Superintendents, and the crew foremen and forewomen will be responsible for ensuring that crewmembers comply with the guidelines.
o Contracts with contractors, construction management firms, and subcontractors will obligate all contractors to comply with these requirements, and AMMs.
o The following will not be allowed at or near work sites for covered activities:
trash dumping, firearms, open fires (such as barbecues) not required by the activity, hunting, and pets (except for safety in remote locations). o Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas to the extent practicable.
o Off-road vehicle travel will be minimized.
o Vehicles will not exceed a speed limit of 15 mph on unpaved roads within natural land‐cover types, or during off‐road travel.
o Vehicles or equipment will not be refueled within 100 feet of a wetland, stream, or other waterway unless a bermed and lined refueling area is constructed. o Vehicles shall be washed only at approved areas. No washing of vehicles shall occur at job sites.
o To discourage the introduction and establishment of invasive plant species,

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seed mixtures/straw used within natural vegetation will be either rice straw or weed‐free straw.
o Pipes, culverts and similar materials greater than four inches in diameter, will be stored so as to prevent covered wildlife species from using these as temporary refuges, and these materials will be inspected each morning for the presence of animals prior to being moved.
o Erosion control measures will be implemented to reduce sedimentation in wetland habitat occupied by covered animal and plant species when activities are the source of potential erosion problems. Plastic mono‐filament netting (erosion control matting) or similar material containing netting shall not be used at the project. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds.
o Stockpiling of material will occur such that direct effects to covered species are avoided. Stockpiling of material in riparian areas will occur outside of the top of bank, and preferably outside of the outer riparian dripline and will not exceed 30 days.
o Grading will be restricted to the minimum area necessary. o Prior to ground disturbing activities in sensitive habitats, project construction boundaries and access areas will be flagged and temporarily fenced during construction to reduce the potential for vehicles and equipment to stray into adjacent habitats.
o Significant earth moving‐activities will not be conducted in riparian areas within 24 hours of predicted storms or after major storms (defined as 1‐inch of rain or more).
o Trenches will be backfilled as soon as possible. Open trenches will be searched each day prior to construction to ensure no covered species are trapped. Earthen escape ramps will be installed at intervals prescribed by a qualified biologist.
• Species Specific Avoidance and Minimization Measures – The EACCS also includes species-specific AMMs. The species-specific AMMs for burrowing owls are described below. These measures are taken from Table 3-3 of the EACCS (ICF 2010).

BIRD-2: Burrowing Owl
o If an active nest is identified near a proposed work area work will be conducted outside of the nesting season (March 15 to September 1). o If an active nest is identified near a proposed work area and work cannot be conducted outside of the nesting season, a no‐activity zone will be established by a qualified biologist. The no‐activity zone will be large enough to avoid nest abandonment and will at a minimum be 250‐feet radius from the nest. This buffer is based on the recommended guidelines described in the “Staff Report on Burrowing Owl Mitigation” by the CDFW (2012).
o If burrowing owls are present at the site during the non‐breeding period, a qualified biologist will establish a no‐activity zone of at least 150 feet. o If an effective no‐activity zone cannot be established in either case, an experienced burrowing owl biologist will develop a site‐specific plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of theowls, and the dissimilarity of the proposed activity with background activities) to minimize the potential to affect the reproductive success of the owls. • U.S. Army Corps of Engineers Authorization – If any impacts are to occur to Corps

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jurisdictional wetlands or waters, then a Section 404 Nationwide or Individual permit will be required.
• State Authorization – If any impacts are to occur to wetlands or waters subject to CDFW or RWQCB jurisdiction (Waters of the State), then a Section 401 permit will be required, and a Streambed Alteration Agreement may be required. • On-Site Wetland/Waters Mitigation – If work proposed on the Property includes impacts to Corps or State jurisdictional features, then on-site mitigation will be implemented. The proposed Project currently includes the design of on-site mitigation to be provided at a 2:1 ratio. The mitigation features will be constructed in portions of the Property currently identified as upland areas. This on-site mitigation would reduce project impacts to jurisdictional features to “less than significant”.
• Rare Plant Survey – While special-status plants are not likely to occur on the Property, a rare plant survey of the Property in accordance with CDFW and CNPS guidelines should be within one year of the start of construction to ensure that impacts to special-status plants are less than significant. The survey should be scheduled to coincide with the identified blooming or identification periods for those species having potential to occur (April through June). Any rare, threatened, or endangered plant species that are observed should be identified and mapped. If any of these species are found, consultation with the USFWS and/or CDFW may be required regarding appropriate mitigation. Mitigation will likely include avoidance of the population or collection and redistribution of seeds. • Pre-Construction Avian Survey – If Project construction-related activities take place during the nesting season (February through August), preconstruction surveys for all nesting birds (including waterfowl, passerines, raptors, and other birds) within and adjacent to (within 1,000 feet) the Property should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. Surveys should focus on areas where birds are likely to nest, including trees, shrubs, grasslands, rock faces, stream banks, or under eves of structures. If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for small passerine birds, and a minimum of 250 feet for raptors. The distance shall be determined by a competent biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a competent biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). Active nests, including those in the process of being constructed shall not be disturbed. Surveys shall be repeated in areas where Project activities lapse for a period of 7 days or more. • Burrowing Owl Surveys – A burrowing owl pre-construction survey should take place before any construction activities commence. Occupancy of burrowing owl habitat is confirmed at a site when at least one burrowing owl or its sign at or near a burrow entrance is observed within the last three years. If a burrowing owl or

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sign is present on the Property three additional protocol level surveys will be initiated. Once these surveys have been completed to identify the owl’s location, disturbance buffers should be placed around each active burrow. No disturbance should occur within 250 feet of occupied burrows during the breeding season (February 1 through August 31) and/or within 160 feet of occupied burrows during non-breeding season (September 1 through January 31). Pre-construction surveys shall be completed 14 days prior to initiating activities. • Special-status Bats Surveys – For all Project activities planned in or adjacent to potential bat roosting habitat, such as structures and/or involving woody vegetation modification or removal of any and all trees, a qualified biologist shall conduct daytime and evening acoustic surveys in addition to extensive visual surveys of potential habitat for special-status bats at least 7 days prior to initiation of Project activities. If bats are found on-site, a qualified biologist shall identify the species, estimated quantity present, roost type, and roost status, but shall avoid disturbing bats during surveys. A qualified biologist shall also create a Bat Mitigation and Monitoring Plan if special-status bat species are detected prior to the start of Project activities. The Bat Mitigation and Monitoring Plan shall include: (1) an assessment of all Project impacts to special-status bats, including noise disturbance during construction; (2) effective avoidance and minimization measures to protect special-status bats; (3) and compensatory mitigation for permanent impacts to special-status bats or their nesting/roosting habitat. If structures, trees, or other refugia equivalents are slated for limbing, removal, or modification, the Bat Mitigation and Monitoring Plan shall include the following measures:
• To ensure that special-status bats have left potential roosting refugia, work shall occur over the course of two days. On the first day, smaller limbs or items from the identified trees or structures shall be brushed back or modified in the late afternoon. This disturbance should cause any potential roosting bats to seek other roosts during their nighttime foraging. The remainder of the refugia item can then be further limbed or removed as needed on the second day as late in the afternoon as feasible. If bats are found injured, or if bat mortality occurs during the course of tree work, a qualified biologist shall record the species impacted, and the number of individuals documented.
• Tree limbing, modification, removal, or work on structural refugia shall not be performed under any of the following conditions: during any precipitation events, when ambient temperatures are below 4.5 degrees Celsius, when windspeeds exceed 11 miles per hour, and/or any other condition which may lead to bats seeking refuge.
• If special-status bats are found utilizing a tree, structure, or equivalent for roosting, the Bat Mitigation and Monitoring Plan shall include permanent artificial roosting habitat installations that shall be adjacent to, and sufficient for, the species observed and associated ecology thereof. Effective buffer zones for the installation and monitoring of the artificial roosts shall be determined and established by a qualified biologist.
• Erosion Control – Grading and excavation activities could expose soil to increased rates of erosion during construction periods. During construction, runoff from the Property could adversely affect aquatic life within the adjacent water features.

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Surface water runoff could remove particles of fill or excavated soil from the site, or could erode soil down-gradient, if the flow were not controlled. Deposition of eroded material in adjacent water features could increase turbidity, thereby endangering aquatic life, and reducing wildlife habitat. Implementation of appropriate mitigation measures would ensure that impacts to aquatic organisms would be avoided or minimized. Mitigation measures may include best management practices (BMP’s) such as hay bales, silt fencing, placement of straw mulch and hydro seeding of exposed soils after construction as identified in the Storm Water Pollution Prevention Plan (SWPPP).

B. Project-Specific Implementation Measures for Compliance with MM NOI-1:
• To the maximum extent practical, the following measures should be incorporated into the project construction operations:
o Noise-generating construction activities shall not occur within the hours identified in Noise Ordinance Section 9.04.100.
o Locate stationary construction equipment as far from adjacent occupied buildings as possible.
o All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
o All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity. o All construction equipment must meet California Department of Motor Vehicles (DMV0) noise standards and shall be equipped with muffling devices. o Electrically powered equipment shall be used instead of pneumatic or internalcombustion-powered equipment, where feasible. o Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. o Select routes for movement of construction-related vehicles and equipment so that noise-sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible
o Project area and site access road speed limits shall be established and enforced during the construction period.
o Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.
o Designate a noise disturbance coordinator who will be responsible for responding to complaints about construction noise. The telephone number of the noise during disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the City of Pleasanton. Copies of the construction schedule
• The following measures should be incorporated into the building facade construction:
o For the seven (7) lots located nearest to Interstate 680, the north-, east-, and south-facing upper-floor building facades should maintain minimum window assembly STC ratings of 32. Figure 2 [in the Noise and Vibration Assessment prepared by Bollard Acoustical Consultants, Inc., dated “Received” on December 27, 2022], illustrates the facades requiring improved STC rated windows.
o Standard residential construction practices (wood or stucco siding, STC-27

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windows, door weather-stripping, exterior wall insulation, composition plywood roof) would be adequate for the remainder of the development. o Mechanical ventilation (air conditioning) should be provided for all residences in this development to allow the occupants to close doors and windows as desired to achieve compliance with the applicable interior noise level criteria.

HOUSING DIVISION – 925-931-5007

42. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of a Building Permit, the applicant shall execute the City Council-approved Affordable Housing Agreement.

Project Specific Condition

43. NEW HOME AGE RESTRICTIONS: The age restrictions for the new homes, but not the existing residence to remain, shall be recorded as part of the project CC&Rs. Project Specific Condition
BUILDING AND SAFETY DIVISION – 925-931-5300

44. BUILDING AND FIRE CLEARANCE: Prior to issuance of a business license, the applicant shall contact the Building and Safety Division and the Fire Department to ensure the proposed use of the tenant space meets Building and Fire Code requirements. If required, the applicant shall obtain all appropriate City permits.

45. 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.

46. DIGITAL PLAN SUBMITTAL REQUIREMENT – COMMERCIAL, SINGLE-FAMILY RESIDENTIAL, 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 1 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.

47. UNIVERSAL DESIGN – In addition to meeting the minimum requirements of the California Residential Code for each home at the time of Building Permit submittal, with respect to Aging in Place Design and Fall Protection (Section R327), unless otherwise approved by the Community Development Director, each unit shall include, on the ground floor only, an internal accessible route of travel with a minimum clearance of 42" at the hallways. One (1) bedroom and one (1) bathroom on this route will have a 32" minimum clear door opening. This bathroom shall also meet the clearances in compliance with Chapter 11A of the CBC at the time of Project approval and will have blocking in walls for future installation of grab bars.

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PUBLIC WORKS DEPARTMENT – ENGINEERING/LAND DEVELOPMENT – 925-931-5650

48. STREET A: If Street A will be dedicated to the City as a public road, then it must be constructed according to Pleasanton standards to accommodate public traffic and minimize the City’s future maintenance burden. The City cannot maintain the “Decorative Stamped Colored Asphalt Paving” shown on Sheets L2 and L3. The acceptable material for public roadway surfacing is conventional hot mix asphalt. If the applicant elects to install non-conventional paving materials, this pavement shall be privately maintained according to an agreement/perpetual encroachment permit between the City and the owner’s association. The landscaping and related features within the cul-de-sac island, as shown on Sheet L3, shall be privately maintained according to an agreement/perpetual encroachment permit between the City and the owner’s association. (Address this condition prior to approval of the final map) Project Specific Condition

49. ANNEXATION AND RIGHT-OF-WAY DEDICATION ON FOOTHILL ROAD: Sufficient right-of-way shall be irrevocably offered for dedication to the City pursuant to California Government Code §7050 to accommodate the needed road widening contemplated in the Fehr & Peers transportation assessment. Annexation of the property into the City of Pleasanton shall also include the segment of Foothill Road at at 3984 Foothill Road (APN 941-2100-2-7) (also described as County Road 1933) that is currently within Alameda County abutting the property, comprising approximately 275 linear feet of roadway extending between the current northern and southern City limit line.. (Address this condition prior to approval of the final map) Project Specific Condition

50. DEMOLITION OF EXISTING HOME AT 4131 FOOTHILL ROAD: The proposed demolition of the home at 4131 Foothill Road will necessitate termination of the existing water service. The applicant shall contact the City’s Utilities Division for termination of Account 6399-12000-01 together with removal of the 1” meter #55786233. Fee credit for this water service can be applied to one of the proposed homes within the subdivision. (Address this condition prior to issuance of a demolition permit) Project Specific Condition

51. CORROSIVE SOIL: Section 7.13 of the Design Level Geotechnical Investigation by Berlogar Stevens Associates indicates that soil samples were found to be “moderately corrosive”. The report includes the following recommendation which shall be implemented during development of the property: “All buried iron, steel, cast iron, ductile iron, galvanized steel and dielectric coated steel or iron should be properly protected against corrosion depending upon the critical nature of the structure. All buried metallic pressure piping such as ductile iron firewater pipelines should be protected against corrosion.” (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

52. FOOTHILL ROAD STORM PIPES: The storm drain network relies on connections to or extensions of existing storm drain pipes, one at the west end of Lot 89 where an existing 24” CMP passes beneath Foothill Road, and one at the south end of Parcel F where connection to an existing 36” pipe is proposed. The condition of these existing pipes shall be verified by the applicant through video inspection. If either pipe is deteriorated beyond its service lift, then the replacement of the pipe, or rehabilitation in a manner acceptable to the City Engineer, shall be included with the project. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

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53. DETENTION BASIN: Because the depth of water within the Parcel F detention basin will rise above 18”, it is considered a drowning risk for children. The California Building Code requires said basins to be enclosed with a fence that includes self-closing, self-latching gates with hardware elevated at least 54 inches from the ground to discourage easy access by children. The fence must be at least 60”-high and have a maximum vertical clearance of 2” from the ground to the bottom of the fence. There must be no gaps, voids or other features that may allow a child under 5 years old to climb over. If a chainlink fence is proposed, it must be non-climbable. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

54. EMERGENCY OVERLAND FLOW: If the proposed network of ditches and pipes become plugged or overwhelmed by a greater than 15-year storm event, the site must accommodate emergency overland flows without inundating any of the residential structures. The greatest flooding threat will come from flows that originate west of Foothill Road and then drain across the subdivision. The proposed development must be designed to accommodate emergency flows (assumed to be the 50-year storm according to the City’s design standards). (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

55. FEMA FLOOD ZONE: According to Sheet C-2, Lot 27 will include a new home within the boundary of FEMA Flood Zone AH, although the pad will be filled to lift the home out of the flood plain. The applicant is required to file a LOMR-F (letter of map revision based on fill) with FEMA. Permits for this home cannot be issued until the LOMR-F has been approved by FEMA, with a copy of said approval provided to the City. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

56. SANITARY SEWER NETWORK MODELING: A site-specific analysis of the proposed sanitary sewer network was commissioned with the City’s consultant, Woodard & Curran.

Woodard & Curran’s analysis offered the following recommendation: A manhole at the Lemonwood Way intersection is suspected of splitting flows. Some of the flows continue north on Muirwood while some are directed east on Lemonwood and then south into the 8” pipe that extends across the east end of the Merritt property. Woodard & Curran recommends the split at Lemonwood Way be plugged such that all Muirwood flows continue north. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

57. WATER NETWORK MODELING: A site-specific analysis of the proposed water network was commissioned with the City’s consultant, Akel Engineering Group. Akel’s analysis offered the following recommendations: Pressures below 25 psi are expected at Lots 1, 2, and 3 on the west side of the project and it is recommended a parallel main be constructed to connect to the 510 Pressure Zone pipeline in Foothill Road. This will increase pressure to approximately 34 psi during peak hours. Pressures at lots 1, 2, 3, 11, and 12 will be below the criteria of 40 psi during peak hour demands. The low pressures range from 34 psi (Lots 1, 2, and 3) to 39 psi (Lots 11 and 12). Individual booster pumps would be required for these lots. In addition, those lots served by individual booster pumps shall enter into a Maintenance Covenant, Assumption of Risk, Release of Claims, and Covenant Not to Sue in a form acceptable to the City Attorney’s Office in conformance with Pleasanton Municipal Code §14.04.050(E). Project Specific Condition

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58. EXISTING SEPTIC SYSTEMS: Any existing septic tanks within the property shall be identified on the plans. Said systems must be properly abandoned in accordance with Alameda County Code of Ordinances §15.18.070C. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

59. GROUNDWATER WELLS: Any existing groundwater wells that will no longer be needed for water supply to the existing home or irrigation shall be properly demolished according to permit(s) issued by Zone 7 Water Agency in accordance with Alameda County General Ordinance 0-2015-20. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

60. 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 subdivision improvement plan approval)

61. 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 subdivision improvement plan approval)

62. CITY ENGINEER SIGNATURE BLOCK: The following signature block shall be depicted on the first sheet of the plans submitted for construction: “Approval of these plans is for work within the street right-of-way and public utility systems within Public Services Easements unless otherwise noted. Approval of these plans does not release the developer of the responsibility for the correction of mistakes, errors, or omissions contained therein. If during the course of construction of the improvements public interest requires a modification or a departure from the specification and details of the City of Pleasanton or these plans, the City Engineer shall have the authority to require such modification or departure and to specify the manner in which same is to be made.

Approved as to design only based upon information submitted hereon this [DAY] of [MONTH], [YEAR]. [NAME PROVIDED BY CITY], P.E., City Engineer, [DATE] (Address this condition prior to subdivision improvement plan approval)

63. 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 subdivision improvement plan approval)

64. ROADWAY DESIGN STANDARDS: All roads constructed or improved by the applicant shall conform to the design standards contained in Pleasanton Municipal Code Chapter

19.36. For standards not explicitly described in the Code, the following State of California Department of Transportation (Caltrans) standards shall be followed: Highway Design Manual, and the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest editions. The City also references design standards from “A Policy on Geometric Design of Highways and Streets” (latest edition) as published by the American Association of State Highway and Transportation Officials (AASHTO). Any

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deviations from standards must be approved by the City Engineer. (Address this condition prior to subdivision improvement plan approval)

65. HOT-MIX ASPHALT PAVEMENT DESIGN STANDARDS: Public roadways and parking lots shall be surfaced with hot-mix asphalt (HMA) as designed according to Chapter 630 “Flexible Pavement” of the Caltrans Highway Design Manual, unless otherwise approved by the City Engineer. The following minimum standards shall apply to the design:
a. Minimum design life = 20-years
b. R-value of the underlying soil shall be R = 5 minimum. A higher R-value will be allowed only through analytic testing by a licensed geotechnical engineer or engineering geologist.
c. Asphalt Binder classification shall be PG 64-10.
d. Minimum Traffic Index (TI) shall be as follows. A lower TI will be considered only when justified by analytic calculations performed by a licensed civil or traffic engineer according to the Caltrans Highway Design Manual Chapter 613. i. Public parking lot: TImin = 4.5
ii. Local Street: TImin = 5.0
iii. Residential collector street: TImin = 6.0
iv. Collector street: TImin = 7.0
v. Arterial street: TImin = 9.0
e. Minimum thickness of HMA layer = 3 inches
f. Minimum thickness of total structural section = 8 inches (regardless of R-value) (Address this condition prior to subdivision improvement plan approval)

66. STREETLIGHTS: Streetlights to be owned and maintained by the City shall include a light-emitting diode (LED) lamp and driver compliant with UL 1598. The luminaire must be dark-sky compliant with correlated color temperature (CCT) not greater than 4,000K.

For safety lighting at signalized intersections, electricity for the lights shall come from a dedicated circuit fed from the traffic signal’s electrical panel. The circuit shall be controlled by a photocell that energizes the light only during nighttime hours.

For free-standing streetlights on dedicated poles, the electricity shall be fed from an unmetered secondary electrical circuit provided by PG&E. A photocell on each fixture shall control operation of the lamp. Free-standing fixtures are subject to PG&E’s LS2A “Customer-owned Street and Highway Lighting” rate schedule. The applicant shall provide verification of total energy consumption of luminaire to PG&E prior to connection. Billing for LS2A electricity consumption must be transferred to the City upon acceptance of the streetlight installation.

Streetlights must have an electronic type photo control meeting ANSI standard C136.10 with a turn on value of 1.0 foot-candles and a turn off value of 1.5 foot-candles. Electromechanical or thermal type photo controls and not allowed.

Streetlights must have badge numbers on each pole. Badge numbers must be affixed to the pole 9 feet from ground level facing the street-side and be legible from the ground.

A streetlight wattage sticker needs to identify the actual total wattage consumed, be visible from the ground, be of a size and type acceptable to PG&E showing total fixture energy use in watts and must be installed on each fixture.

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Streetlights connected to existing joint utility poles are generally not allowed unless authorized by the City Engineer.
(Address this condition prior to subdivision improvement plan approval)

67. CLEAN WATER PROGRAM (HYDROMODIFICATION PROJECTS): Because the project creates and/or replaces more than 43,560 square feet (1.00 acre) 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. Said permit regulates stormwater runoff in Pleasanton. 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 subdivision improvement plan approval)

68. 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 subdivision improvement plan approval)

69. ALQUIST-PRIOLO EARTHQUAKE FAULT ZONING ACT: According to California Public Resources Code Section 2621 et seq. this application is subject to the AlquistPriolo Earthquake Fault Zoning Act. The California Code of Regulations (14 CCR §3603) requires recommendations from a licensed Geotechnical Engineer or Geologist to be followed for any development within a delineated earthquake fault zone. Said fault zone shall be shown and labeled on the applicant’s development plans. The Geotechnical Engineer or Geologist shall certify on the plans that all recommendations have been addressed in the design. (Address this condition prior to subdivision improvement plan approval)

70. 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 or maps 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

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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 final map approval)

71. 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 final map approval)

72. 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 final map approval)

73. 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

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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 final map approval)

74. 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:

For final maps, right-of-way dedications for roadways or similar access shall be offered irrevocably to the City as an easement for public purposes pursuant to California Government Code Sections 7050 and 66439(d)(3) including the right to install and operate public utilities. Right-of-way is defined in Pleasanton Municipal Code §13.04.010.

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, 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…” Dedications in fee title shall only be granted upon approval by the City Engineer.

Consistent with California Government Code Section 66439(d)(2), the offer shall include the statement, “The real property described below is dedicated in fee for public purposes…” (Address this condition prior to recordation of map or separate instrument title documents granting rights to the City)

75. 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 subdivision improvement plan approval)

76. 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)

77. 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:

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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)

78. SANITARY SEWER DESIGN STANDARDS: Connections to the City’s sanitary sewer network shall conform to Pleasanton Municipal Code Title 15 “Sewerage”. All buildings inhabited by human beings which are not more than 250 feet from the City’s sewer network shall be connected. All premises, parcels, and/or lots shall have independent connections to the City’s sewer network except under the following conditions:

If a private on-site treatment system has been authorized by both the City and Alameda County Department of Environmental Health.

If multiple premises are located on a single parcel or lot which cannot be subdivided and are all under one ownership.

Public sanitary sewer system shall be designed to satisfy the following minimum standards:
a. Minimum Manning Coefficient (n) within the pipe = 0.013 b. Minimum flow velocity = 2 feet per second at least once per day c. Maximum flow velocity = 10 feet per second
d. Maximum depth of flow to pipe diameter (d/D) = 0.75 for dry weather flow conditions
e. Minimum pipe sizes:
i. Laterals = 4 inches diameter
ii. Main = 8 inches diameter
iii. Force main = 6 inches diameter
f. Minimum slope per table:

Pipe size in diameter Minimum slope
4 inches 0.02 (lateral)
6 inches 0.005 (lateral)
8 inches 0.003
10 inches 0.0025
12 inches 0.0020
15 inches or larger 0.0015
g. Maximum manhole spacing = 350 feet
h. Minimum curvature for curved sewer mains: 200 feet or not less than recommended by pipe manufacturer
i. Minimum pipe cover = 5 feet
j. Peaking factor shall be Peak Wet Weather Flow divided by Average Dry Weather k. flow (PF = PWWF/ADWF). Referring to the City’s Wastewater Master Plan from August 2007, PF shall be the average of the three events shown on Table 4.5

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“Inflow and Infiltration Analysis” for each subbasin. The Basin I.D. is from Figure ES-3. Minimum allowable PF = 2.0.
l. Backflow prevention devices must be installed if the lowest plumbing fixture if the building is lower than the downstream cleanout overflow device or manhole to assure effluent discharge outside of the building in case the downstream pipe network becomes obstructed.
m. Fats, Oils, and Grease (FOG) controls: Discharge of FOG to the City’s sanitary sewer system shall conform to Pleasanton Municipal Code Chapter 15.44. In addition to other controls, a sampling manhole must be provided immediately downstream of any grease interceptor in accordance with City Standard Drawing 402.
(Address this condition prior to subdivision plan approval)

79. 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 subdivision plan approval)

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80. EXISTING WATER METER REMOVALS: The removal of existing water meters that will be permanently decommissioned shall be performed by City staff. The applicant shall contact the City’s Utility Billing Division at 925-931-5500 or [email protected] to initiate the meter removal process. Any outstanding water consumption charges must be paid in full prior to the meter removal as well as all fees associated with the disconnection. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit)

81. 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 subdivision improvement plan approval)

82. 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 subdivision improvement plan approval)

83. 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)

84. 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)

85. 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 MultiPage 604 of 782 Ordinance No.

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)

86. TEMPORARY TRAFFIC CONTROL: Work in the public right-of-way or publiclyaccessible 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 (CA 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)

87. 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)

88. 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. No excavation shall be performed atop or adjacent to a high-risk facility until authorized by the owner of the facility. High-risk facilities are defined as gas transmission pipelines and hazardous liquid pipelines as regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (US DOT PHMSA). (Address this condition during construction)

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89. 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)

90. 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)

91. 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. Applicant shall cooperate with adjacent neighbors to minimize and mitigate the impacts of dust on their properties, and shall undertake any cleaning or repair necessitated by dust, at applicant’s expense, if so directed by the City. 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)

92. 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

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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)

93. 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)

94. 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)

95. 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)

96. 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 improvements or issuance of an Occupancy Permit)
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 public water mains.

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97. FUEL MANAGEMENT: Provide a fuel Management Plan.

98. WILDLAND URBAN INTERFACE: Residential Construction located in the Very High wildland Urban Interface zone shall be constructed in accordance with Pleasanton Building Code chapter 7A.

99. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection. 100. FIRE CODE: All construction shall conform to the requirements of the 2021 Pleasanton Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.
101. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter 33.
102. FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2021 Pleasanton Building, Fire and Residential Codes with local amendments and ordinances.
103. 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.
104. 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. 105. FIRE HYDRANTS: Fire hydrants shall be installed at spacing not greater than 300 feet in industrial and commercial developments. Fire hydrants shall be installed at spacing not greater than 400 feet in residential developments.
106. 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

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107. 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. 108. 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 LivermorePleasanton Fire Department, Fire Prevention Bureau. 109. 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. 110. 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.
111. 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.

LANDSCAPE ARCHITECTURE DIVISION – 925-931-5672
Landscaping
112. 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.

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113. 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.
114. 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). 115. 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.
116. PARKWAY STRIP LANDSCAPE AREAS: All parkways strip landscape areas (the planting area between the sidewalk and the curb) are to be a minimum of four feet wide from back of curb to face of sidewalk. Project Specific Condition 117. 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. 118. PATHWAY CONNECTION: Court G shall have a pathway connection to Street E.

Project Specific Condition
119. TRAIL EXTENSION: As detailed in the project Development Agreement, the applicant shall be responsible for the design and completion of a Class 1, 10 foot-wide trail extension from the Project’s southeastern trail connection to the existing trail at Foothill Knolls Park to the Project’s northern trail connection at Eastwood Way. . The applicant shall be solely responsible for all design, installation and ongoing maintenance costs of the trail extension, and the City shall indemnify the applicant and its successors for claims associated with the public’s use of the trail extension as a public trail, except to the extent that any such claims are the result of the sole negligence or willful misconduct of the applicant or its successors. Maintenance of the off-site trial improvements at the city park shall be the responsibility of the City. Project Specific Condition

Ordinance No.

120. 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. 121. 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
122. 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. 123. 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-1 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
Trees
124. TREE REPORT: The applicant shall comply with the recommendations in the tree report prepared by James Clark at HortScience Bartlett Consulting dated April 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.
125. 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. The credits available for replanting trees shall be at the rates in place at the time of issuance of any demolition or grading permit for the project. Notwithstanding this provision, the credits shall be no less than the following:
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

Ordinance No.

126. TREE DISPOSITION PLAN: The applicant shall provide a tree disposition plan that shows the trees to be removed and the trees to be retained with the tree protection recommendations of the arborist report printed on the plans. The trees shall be numbered per the report and there shall be a list of the trees to be removed, including the tree number, species, and value of each tree and the total value of all trees to be removed, and a list of trees to be retained, including the tree number, species, and value of each tree and a total value of all trees to be retained. Project Specific Condition 127. 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. 128. STREET TREES: Each lot shall have a minimum of one street tree with corner lots required to have three street trees. The final tree selection shall be subject to the review and approval of the City Landscape Architect. Project Specific Condition 129. ROOT CUTTING: The applicant shall comply with the following tree root cutting requirements:
a. Roots 1-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.
130. 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.
131. 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.

Ordinance No.

132. 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.” OPERATIONS SERVICES DEPARTMENT – ENVIRONMENTAL SERVICES/UTILITIES DIVISION – 925-931-5500
133. BACKFLOW PREVENTION ASSEMBLIES: Backflow preventer assemblies shall be designed and installed in accordance with current City Standards 704, 705, 706; State Health and Safety Code; Title 17; and as required by the Director of Operations and Water Utilities. All backflow preventer assemblies shall be tested and certified by a City approved tester with the certification submitted to the City’s contractor, Aqua Backflow.

Testing will be performed at the time City water is turned on to the site. If an existing backflow preventer is on the site it shall be tested and certified by an approved tester with the certification submitted to the City’s contractor, Aqua Backflow, before project water is drawn through it. An all-weather cover shall be placed over all backflow prevention assemblies 4 inch and smaller.
134. FOG PROGRAM: All new food service establishments (FSEs) and all existing food service establishments with a building permit valuation of $50,000 or more shall obtain a wastewater discharge permit from the Director of Operations and Water Utilities and comply with the grease interceptor requirements as set forth in PMC Section 15.44. All other FSEs shall at a minimum comply with the grease trap and wastewater discharge permit requirements as set forth in PMC Section 15.44. (Note: this condition shall only apply in the event that the project includes restaurant or food service uses) TRAFFIC ENGINEERING DIVISION – 925-931-5677
135. 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.
136. 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.
137. 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.

Ordinance No.

138. 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.
139. TRAFFIC IMPACT FEES: As detailed in the project Development Agreement, 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 or in accordance with the timeframes set forth in the Development Agreement. Project Specific Condition
140. Parcel D shall include an ADA compliant surface to access the pedestrian gate that is proposed at the project’s connection to Prairie Drive. The improvement shall be included in the building permit plans for review and approval by the City Traffic Engineer prior to building permit issuance. Project Specific Condition
END

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING

A PRE-ANNEXATION AND DEVELOPMENT AGREEMENT WITH FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FILED UNDER CASE NO. P24-0378 WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for:
(1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”) for property located at 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12 (hereinafter “the Property”); and WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and
WHEREAS, the Property is Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and then recommended approval of the Project to the City Council; and WHEREAS, at its duly noticed public meeting of July 16, 2024, the City Council considered the written agenda report, all public testimony, relevant exhibits, and staff/Planning Commission recommendations; and
WHEREAS, the City Council finds the provisions of the Pre-Annexation and Development Agreement for the Project is consistent with the City’s General Plan and the City would receive at least equitable financial and other public benefits over the initial term of the Pre-Annexation and Development Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. At its meeting on July 16, 2024, the City Council determined the Project is exempt pursuant to CEQA Guideline Section 15183 as documented in a Section 15183 Checklist for the Project.

Section 2. Prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Attachment 4

Section 3. Findings for approval of the Pre-Annexation and Development Agreement With respect to the Pre-Annexation and Development Agreement for Case Nos. P22-1089, PUD-147, Tract 8522, and P24-0378, the City Council makes the following findings:

Based on the negotiated terms specified within the Pre-Annexation and Development Agreement, the City Council finds the City would receive at least equitable financial and other public benefits over the initial term of the agreement, compared to the value of terms that are to the benefit of the developer. In particular, but not limited to, the City would secure additional multimodal improvements along Foothill Boulevard and within the Project in the form of a trail extension, would receive a direct financial contribution in the amount of $1 Million to support the provision of needed public safety improvements and equipment. Notably, and again not limited to, the City would receive full payment of Capital Facilities and Transportation Impact Fees, without any fee credits for proposed public improvements, to help offset the demands created on City facilities by the incremental addition of new residents to the City. Finally, on-site affordable units is a positive benefit of the Project.

Section 4. Findings for Consistency with the General Plan. The City Council finds the agreement would be consistent with the General Plan and support a number of its policy goals around Land Use, Housing, and Sustainability, including the Property’s Land Use Designation of Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) permits residential uses; thus, the Project would be consistent with the General Plan Land Use Designation.

Section 5. The City Council has considered the findings made in Planning Commission Resolution No. PC-2024-14, and hereby adopts the same findings by this reference, and based upon the City Council’s own independent review and considerations, the City Council Approves the PreAnnexation and Development Agreement with Foothill Boulevard Holding Company, LLC, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and hereby authorizes the City Manager to execute the Pre-Annexation and Development Agreement in substantial conformance with the form attached in Exhibit A, subject to minor amendments and approval by the City Manager and City Attorney.

Section 6. Severability. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

Section 7. A summary of this ordinance shall be published once within fifteen (15) daysafter its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’soffice within fifteen (15) days after its adoption.

Section 8. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on July 16, 2024, and enacted at a regular meeting on XXXX, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Karla Brown, Mayor
ATTEST:

Jocelyn Kwong, City Clerk
Dated:

APPROVED AS TO FORM:
______________________________
Daniel G. Sodergren, City Attorney

EXHIBIT A
Pre-Annexation and Development Agreement
(Page Intentionally Left Blank)

EXHIBIT A
Pre-Annexation and Development Agreement
(Page Intentionally Left Blank)

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Pleasanton
City Clerk’s Office
123 Main Street
Pleasanton, CA 94566
Recording Fees Exempt Pursuant to
Government Code § 27383
Final Version
July 8, 2024
ABOVE SPACE FOR RECORDER’S USE

PRE-ANNEXATION AND DEVELOPMENT AGREEMENT
FOR MERRITT PROPERTY AT 4141 FOOTHILL ROAD
THIS PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into in the City of Pleasanton on _______________, 2024, by and between the CITY OF PLEASANTON, a municipal corporation (“City”), and FOOTHILL BOULEVARD HOLDING COMPANY, LLC, a California limited liability company (“Developer”), pursuant to the authority of California Government Code §§65864 et seq. City and Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

1. Developer has a legal or equitable interest in certain undeveloped real property located in the City of Pleasanton, County of Alameda, California consisting of approximately

46.30 acres, as more particularly described in DA Exhibit A-1 attached hereto, and as diagrammed in DA Exhibit A-2 attached hereto (the “Annexation Property” or the “Project Site”). Developer proposes to develop the Project Site with a 111 unit, age-qualified residential community with 93 single-family detached homes (92 single-family detached homes and 1 existing single-family detached home), 18 affordable senior alley-loaded and/or court-yard detached and duet homes and related on-site and off-site improvements (the “Project”).

2. The Alameda County Local Agency Formation Commission (“LAFCO”) is the local agency responsible for designating the Sphere of Influence (“SOI”) for the City and approving changes to the boundaries of the City according to the Cortese-Knox-Hertzberg Local Government Reorganization Act (Cal. Government Code §§56000 et seq.) (the “CKH Act”). It is anticipated that LAFCO will approve annexation of the Annexation Property into the City in 2024.

3. The Project Site is located within the City’s SOI, is designated as Low Density Residential in the City’s General Plan, and is identified in the City’s 6th Cycle Housing Element (“Housing Element”) as Site 22. To implement certain goals, policies and programs of the Housing Element, the Project Site was pre-zoned Planned Unit Development – Low Density Residential/Housing Opportunity Zone (“PUD-LDR/HOZ”) on December 19, 2023 pursuant to Ordinance No. 2259.