Accomplishments
3FY2021-22 Mid-Year Budget Review
City-Wide Cleanup / I ♥ Richmond
Submitted Grants –Interdepartmental Teamwork
$5,748,400 million
Grant Name Amount Department(s) Proposed Uses
Clean California
Local Grant Program
(CalTrans)
$5 Million - Community Development -
Community Services,
- Public Works,
- CMO Economic
Development
Boorman Park Clean-up, 7th Street improvements, and I
Heart Richmond (Neighborhood dumpster days and Clean-
ups)
CalRecycle SB 1383
Local Assistance Grant
$145,000 - CMO Economic
Development
Provide the City of Richmond with financial support to
implement and comply with SB 1383
CalRecycle Solid Waste
Disposal and Site
Cleanup Grants
$400,000 - CMO Economic
Development
- Public Works
Fund illegal dumping clean-up, deterrent installation, and neighborhood dumpster days
Saris Foundation Bike
Parks Program
$25,000 - Dirt World,
- Public Works
Renovate the BMX track and two pump tracks along
Greenway
Transportation
Development Act (TDA3)
$178,400 - Public Works Richmond Ferry to Bridge Bicycle & Pedestrian Network Improvements Project
FY 2021-22 Mid-Year Overview
4 •Snapshot in time of the current fiscal year
•Determine if budget adjustments are needed
▫ Actuals
▫ Revised projections
•Incorporate prior council decisions (July-
December)
•Update baseline for FY2021-22 budget
FY2021-22 Mid-Year Budget Review
General Fund Revenue
FY2021-22 Mid-Year Budget Review 5
ACCOUNT DESCRIPTION ADOPTED
FY2021-22
PREVIOUS
ADJUSTMENTS
REVISED
FY2021-22
MID-YEAR
ADJUSTMENTS
PROPOSED
FY2021-22
PROPERTY TAXES 47,460,890 - 47,460,890 (2,227,329) 45,233,561 SALES & USE TAX 50,060,211 - 50,060,211 1,933,525 51,993,736 UTILITY USERS TAX 45,452,324 - 45,452,324 1,070,339 46,522,663 OTHER TAXES 18,269,102 - 18,269,102 1,101,817 19,370,919 LICENSES,PERMITS & FEES 11,806,326 - 11,806,326 (1,626,991) 10,179,335 FINES & FORFEITURES 550,000 - 550,000 (81,103) 468,897
USE OF MONEY & PROPERTY 236,079 - 236,079 - 236,079
CHARGES FOR SERVICES 3,383,931 - 3,383,931 40,528 3,424,459 OTHER REVENUE 158,977 - 158,977 1,314,950 1,473,927
RENTAL INCOME 733,206 - 733,206 14,062 747,268
INTERGOV STATE TAXES 90,000 - 90,000 - 90,000
INTERGOV STATE GRANT 160,000 - 160,000 27,878 187,878
INTERGOV OTHER GRANT 153,569 - 153,569 - 153,569
PROC FR SLE PROP 100,000 - 100,000 - 100,000
LOAN & BOND PROCEEDS - - - 36,400 36,400
OPERATING TRANSFERS - IN 9,856,182 - 9,856,182 348,042 10,204,224 GF REVENUE TOTAL 188,470,796 - 188,470,796 1,952,118 190,422,915 Page 1002 of 1169 General Fund Revenue
Total Increase: ~$2.0M
• Property Tax – decrease of $2.2M lower than forecast
• Sales Tax – increase of $1.9M due to higher trends
• Utility Users Tax (UUT) – increase of $1.1M primarily from Chevron
• Transfer Tax – increase of $1.1M from large property sales • Business Tax – decrease of $1.6M from credit of Rent
Board fees
• Other Revenues – increase of $1.7M
FY2021-22 Mid-Year Budget Review 6
General Fund Expenditures
FY2021-22 Mid-Year Budget Review 7
ACCOUNT DESCRIPTION ADOPTED
FY2021-22
PREVIOUS
ADJUSTMENTS
REVISED
FY2021-22
MID-YEAR
ADJUSTMENTS
PROPOSED
FY2021-22
SALARIES AND WAGES 75,424,602 5,382 75,429,983 913,483 76,343,466 PAYROLL/FRINGE BENEFITS 62,145,202 - 62,145,202 62,145,202 PROF & ADMIN 11,201,880 1,602,379 12,804,259 1,666,000 14,470,259 OTHER OPERATING 10,680,893 (3,560,686) 7,120,207 7,120,207 UTILITIES 4,565,743 (6) 4,565,737 473,948 5,039,685
EQUIPMENT & CONTRACT SVCS 2,628,158 63,986 2,692,144 2,692,144 PROVISION FOR INSURANCE LOSS 25,725 87 25,812 25,812
COST POOL 14,130,436 - 14,130,436 325,000 14,455,436
ASSET/CAPITAL OUTLAY 1,602,890 1,333 1,604,223 1,604,223 DEBT SERVICE EXPENDITURES 1,065,359 - 1,065,359 1,065,359 A87 COST PLAN REIMBS (3,516,104) - (3,516,104) (3,516,104) GRANT EXPENDITURES 2,500 80,000 82,500 82,500
OPERATING TRANSFERS - OUT 7,884,939 - 7,884,939 4,916,480 12,801,419 GF EXPENDITURE TOTAL 187,842,223 (1,807,525) 186,034,698 8,294,911 194,329,609
General Fund Expenditures
Total Increase: ~$8.3M
• Salaries and Benefits: Increase of $913k
▫ Fire Overtime ($700k)
• Professional Services – Increase of $1.7M
• Utilities – Increase of $474k primarily EBMUD
• Cost Pool – Increase of $325k purchase of street sweeper • Operating Transfer Out –Increase of $4.9M in
Administrative transfer related to Reimagining Public
Safety
FY2021-22 Mid-Year Budget Review 8
FY 21-22 Adopted Vs. Mid-Year Budget
Adopted June
29, 2021
Mid-Year
Proposed
Revenues 188,470,796 190,422,915
Expenditures 187,842,223 194,329,609
Net Rev/Exp* 628,573 -3,906,695
Percentage 0.3% -2.11%
9FY2021-22 Mid-Year Budget Review
*Proposed net covered by set-aside from FY 2020-21
Position Count
10 The number of active employees can change day to day as employees leave or retire and new hires are brought on board. Position count above is as of December 31, 2021. Not included in this listing are part-time employees without benefits, many of these are seasonal. As of 12/31/2021, the City had 127 part-time employees without benefits.
FY2021-22 Mid-Year Budget Review
Active Proposed
Status 12/31/2021 Budgeted
Full Time 579 706.1
Part-time Employees w/ Benefits 10 0
Retired Annuitant 8 0
Total Count 597 706.1
Changes in Full Time Position Count
11FY2021-22 Mid-Year Budget Review
Department Adopted
FY21-22
Revisions
FY21-22
Proposed
Mid-Year
FY21-22
6/29/21 1/11/22* 3/1/22
ALL DEPARTMENTS 693.2 706.2 706.1
*Includes changes from adoption through January 11, 2022
Mid Year Position Changes
12FY2021-22 Mid-Year Budget Review
Department Mid-Year Position Changes
From To
City Attorney Reclass promotional from Executive
Secretary II Administrative Services Analyst
Finance Reclass from Accounting Manager Deputy Finance Director Finance Reclass from Budget Analyst II Accountant II
Library New Librarian II
Community Services -
Recreation Reclass from Admin Aide Assistant Admin Analyst Employment & Training Reclass from Finance Manager Sr. Accountant Economic Development Promotion from Associate Admin Analyst Sr. Admin Analyst Economic Development Remove Management Analyst I No position Economic
Development/RHA Promotion from Management Analyst II Sr. Management Analyst (0.5) City Manager and Public
Works
Reallocate Community Engagement
Manager Deputy Public Works Director
Children & Youth Promotion Associate Admin Analyst Sr. Management Analyst City Council Promotion from Sr. Admin Analyst Project Coordinator RHA Remove RHA Sr. Property Manager Partially fund Sr. Management Analyst (0.5)
Recruitment Status
13FY2021-22 Mid-Year Budget Review
Item Number
Positions added on/or after 6/29/21 43
Recruitments opened between 7/1/21 – 1/31/22 57
Current active recruitments as of 1/31/22 79
Current unfilled positions, as of 1/31/22 125
Non-General Fund
14FY2021-22 Mid-Year Budget Review
• Staff is recommending increases:
▫ Revenue totaling $24.8 million
▫ Expenditures totaling $6 million
• Adjustments:
▫ Pass-through funding
▫ Fund Balance reserves for operating
▫ Capital improvement needs
▫ Impact fees
Capital Improvement Plan Budget
15FY2021-22 Mid-Year Budget Review
CIP Funding Sources total $49.6 million.
• State Gas Taxes
• Measure C/J
• Loan Proceeds
• Grants
The American Rescue Plan Act of 2021
16FY2021-22 Mid-Year Budget Review
*Additional $7,487.59 received in interest through December 2021 FY2021-22 through December 2021 BUDGET ACTUAL ENCUMBRANCES REMAINING ARPA REVENUE -TOTAL $(27,740,723) $(13,870,362) $ - $(13,870,362)
ARPA EXPENDITURES
MAIN LIBRARY - HVAC IMPROVEMENTS $ 500,000 $ - $ 48,000 $ 452,000 NEVIN COMMUNITY CENTER - HVAC IMPROVEMENTS $ 500,000 $ 10,250 $ 39,750 $ 450,000 RECREATION COMPLEX - HVAC IMPROVEMENTS $ 500,000 $ 9,750 $ 39,250 $ 451,000 RICHMOND MUSEUM - HVAC IMPROVEMENTS $ 500,000 $ - $ 32,600 $ 467,400 COMMUNITY BEAUTIFACTION $ 1,000,000 $ - $ - $ 1,000,000 COMMUNITY NEEDS ASSESSMENT $ 250,000 $ - $ - $ 250,000 ENVIRONMENTAL PLANNING CONSULTANT $ 300,000 $ - $ - $ 300,000
HOUSING & DEVELOPMENT INITIATIVES/RICHMOND RAPID
RESPONSE FUND $ 1,000,000 $ - $ - $ 1,000,000 RECOVERY OF LOST REVENUE (FY2020-21) APPLIED TO
BALANCE FY2021-22 GF BUDGET $ 4,000,000 $ - $ - $ 4,000,000 NORTH RICHMOND PUMP STATION $ 1,800,000 $ - $ - $ 1,800,000 MLK PARK TURF FIELD $ 150,000 $ - $ - $ 150,000 Total - ARPA FY2021-22 $ 10,500,000 $ 20,000 $ 159,600 $ 10,320,400 REMAINING ARPA ALLOCATION $(17,240,723)
The American Rescue Plan Act of 2021
17FY2021-22 Mid-Year Budget Review
North Richmond Pump Station
MLK Park Turf Field
Reimagining Public Safety
REIMAGINING PUBLIC SAFETY COMMUNITY TASK FORCE FY 21-22 BUDGET FY2021-22 through December 2021 BUDGET ACTUAL ENCUMBRANCES REMAINING YouthWORKS $ 1,980,000 $ 352,026 $ - $ 1,627,974 OFFICE OF NEIGHBORHOOD SAFETY (ONS) $ 1,600,000 $ - $ - $ 1,600,000 UNHOUSED INTERVENTION $ 1,800,000 $ - $ 983,975 $ 816,025 COMMUNITY CRISIS RESPONSE $ 1,000,000 $ - $ - $ 1,000,000 Total - Reimagining Public Safety
FY2021-22 Expenditures $ 6,380,000 $ 352,026 $ 983,975 $ 5,043,999 18FY2021-22 Mid-Year Budget Review
Contingency Reserves
FY2021-22 Mid-Year Budget Review 19
Contingency Reserve Policy Amounts in Annual Comprehensive Financial Report (ACFR)
Fiscal Year Date GF Budgeted
Expenditures
Contingency
Reserves per
ACFR
Percent of
Expenditures
FY2018-19 6/30/2019 176,208,966 19,534,660 11.1%
FY2019-20 6/30/2020 160,198,985 20,326,889 12.7%
FY2020-21 6/30/2021 179,948,582 22,477,829 12.5%
Percentages are rounded.
Opportunities for Input
•Monthly Council budget updates
•Council and Stakeholder Budget Input
Sessions for FY2022-2023
▫ Community Budget Meetings –March 16th,
March 24th, and March 31st
▫ RNCC –TBD
▫ https://www.ci.richmond.ca.us/4096/Com
munity-Budget-Meetings
FY2021-22 Mid-Year Budget Review 20
Opportunities for Input
FY2021-22 Mid-Year Budget Review 21
Future Priorities
• Address Pension Obligation Bond
• Fund and Implement Class & Compensation Study
• Complete Capital Needs Assessment
• Monitor Measure U Revenue
• Consider Additional Revenue Enhancements
▫ Proposed Vacant Property Tax (June 2022)
▫ Proposed Utility Users Tax Increase (Nov 2022)
• Fund facilities, fleet, Information Technology, and
infrastructure improvements
• Increase City reserves to 15%
FY2021-22 Mid-Year Budget Review 22
Recommended Action
REVIEW the Fiscal Year 2021-2022 operating
and capital improvement budgets at mid-
year; and ADOPT a resolution approving the
proposed Fiscal Year 2021-2022 budget
adjustments.
FY2021-22 Mid-Year Budget Review 23
Thank you
Questions?
FY2021-22 Mid-Year Budget Review 24
Update through December 2021
FY2021-22 through December 2021 BUDGET ACTUAL ENCUMBRANCES REMAINING
E -TOTAL
Federal Grant (13,870,362)$
Pooled - All Other
Realized Gain on Investment
ARPA REVENUE -TOTAL (27,740,723)$ (13,870,362)$ -$ (13,870,362)$
ARPA EXPENDITURES
MAIN LIBRARY - HVAC IMPROVEMENTS 500,000$ -$ 48,000$ 452,000$ Capital Project in Progress 452,000$ -$ 452,000$ Design Services - Contract with Oakley & Oakley (22200382) 48,000$ -$ 48,000$ -$ NEVIN COMMUNITY CENTER - HVAC IMPROVEMENTS 500,000$ 10,250$ 39,750$ 450,000$ Capital Project in Progress 450,000$ -$ -$ 450,000$ Design Services - Oakley & Oakley (22200348) 50,000$ 10,250$ 39,750$ -$ RECREATION COMPLEX - HVAC IMPROVEMENTS 500,000$ 9,750$ 39,250$ 451,000$ Capital Project in Progress 451,000$ -$ -$ 451,000$ Design Services - Oakley & Oakley (22200346) 49,000$ 9,750$ 39,250$ -$ RICHMOND MUSEUM - HVAC IMPROVEMENTS 500,000$ -$ 32,600$ 467,400$ Capital Project in Progress 467,400$ -$ -$ 467,400$ Design Services - Oakley & Oakley (22200381) 32,600$ -$ 32,600$ -$ COMMUNITY BEAUTIFACTION 1,000,000$ -$ -$ 1,000,000$ -$
COMMUNITY NEEDS ASSESSMENT 250,000$ -$ -$ 250,000$ ENVIRONMENTAL PLANNING CONSULTANT 300,000$ -$ -$ 300,000$ HOUSING & DEVELOPMENT INITIATIVES/RICHMOND RAPID RESPONSE FUND 1,000,000$ -$ -$ 1,000,000$ RECOVERY OF LOST REVENUE (FY2020-21) APPLIED TO BALANCE FY2021-22 GF BUDGET 4,000,000$ -$ -$ 4,000,000$ NORTH RICHMOND PUMP STATION 1,800,000$ -$ -$ 1,800,000$ MLK PARK TURF FIELD 150,000$ -$ -$ 150,000$ Total - ARPA FY2021-22 10,500,000$ 20,000$ 159,600$ 10,320,400$ REMAINING ARPA ALLOCATION (17,240,723)$
Update through December 2021
FY2021-22 through December 2021 BUDGET ACTUAL ENCUMBRANCES REMAINING YouthWORKS $ 1,980,000 $ 352,026 $ - $ 1,627,974 Admin Labor (July - September) $ 4,571
Payroll Service Fees (July - September) $ 4,102 Participant Allowance (August) $ 3,042
Intern Wages (July - September) $ 19,143
Direct Labor (July - September) $ 27,585
Overhead Labor (July - September) $ 12,224
Operating Cost (July - September) $ 471 Participant Wages (July - September) $ 280,887 ONS $ 1,600,000 $ - $ - $ 1,600,000 UNHOUSED INTERVENTION $ 1,800,000 $ - $ 983,975 $ 816,025 Rebuilding Together - Providing Outreach and Support
COMMUNITY CRISIS RESPONSE $ 1,000,000 $ - $ - $ 1,000,000 Total - Reimagining FY2021-22 Expenditures 6,380,000$ 352,026$ 983,975$ 5,043,999$ REIMAGINING PUBLIC SAFETY COMMUNITY TASK FORCE FY 21-22 BUDGET AMERICAN RESCUE PLAN ACT FY 21-22 BUDGET
Attachment 12 – American Rescue Plan and Reimagining Public Safety Task Force FY2021-22 Budgets
March 1, 2022
City Council
DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmember Nathaniel Bates
Subject:
Rename Baseball Diamond #2 at Nicholl Park in Honor of
National Hero Willie Mays
FINANCIAL IMPACT: Per the response of the Parks and Landscaping Superintendent, the cost to replace signage at Nicholl
Park and to update the website is minimal and included
in the Parks and Landscaping operational budget.
PREVIOUS COUNCIL
ACTION:
The City Council approved the recommendation of the
Recreation and Parks Commission to rename Baseball
Diamond #2 to the Willie Mays Baseball Field at the
2/15/2022 City Council meeting.
STATEMENT OF THE
ISSUE:
The City Council and the Recreation & Parks
Commission approved a request from the Park Plaza
Neighborhood Council and the South Side Improvement
Group Plus One to rename Diamond #2 at Nicholl Park to
Willie Mays Baseball Field
RECOMMENDED ACTION:
PUBLIC HEARING to receive public comment on a
proposal to rename Baseball Diamond Field #2 at Nicholl Park to Willie Mays Baseball Field; and ADOPT a
resolution - Councilmember Nathaniel Bates (510-620-
6743).
AGENDA
REPORT
March 1, 2022
DISCUSSION:
In June of 2015, Mr. Charles Cavness made a request to nominate Baseball Great, Willie Mays for a Recognition of Heroes at Nicholl Park. Willie Howard Mays, Jr. is an American former professional baseball center fielder who played Mayor League Baseball for 22 seasons. Willie Mays, also known as The Say Hey Kid, played for the New York and San Francisco Giants, the New York Mets, as well as the Birmingham Black Barons in the Negro Baseball League.
As a local hero, Willie Mays came to Richmond each year for 10 years to participate in the March of Dimes charitable events at Nicholl Park. Along with other national league players, Willie Mays would work with the little league teams. Mayor Livingston and Richmond residents alike were excited to participate in the activities and to see baseball heroes.
At its December 6, 2021, regular meeting, the Recreation and Parks Commission received a report from the Willie Mays Field Committee to approve the establishment of a Willie Mays Day and to rename Baseball Diamond #2 after Willie Mays. The Committee informed the full Commission of the support from several neighborhood councils. After hearing from speakers, the Recreation and Parks Commission approved the request and recommended that it be forwarded to the Richmond City Council for approval.
Community Supporters
Park Plaza Neighborhood Council
Pullman Neighborhood Council
Laurel Park Neighborhood Council
North and East Neighborhood Council
Hilltop Neighborhood Council and
The South Side Improvement Group Plus One
The resolution describes the steps taken to rename the baseball diamond. Upon approval, staff will work with the Recreation and Parks Commission to plan the Willie Mays Day in May of 2022 and keep the City Council informed of the progress.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Notice of Public Hearing
xx-22
1 RESOLUTION NO XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND RENAMING BASEBALL DIAMOND #2 AT NICHOLL PARK TO THE WILLIE MAYS BASEBALL FIELD
WHEREAS, a Notice of Public Hearing to rename Baseball Diamond #2 at Nicholl Park to the Willie Mays Baseball Diamond was electronically disseminated to the users of the baseball field, the neighborhood council and published in the West County Times on February 18, 2022, as required by City of Richmond policy, as appears from the affidavit of publishing now on file in the office of the City Clerk of the City of Richmond; and
WHEREAS, at its regular meeting on February 15, 2022, the City Council (the “Council”) adopted a Resolution stating its intention (“Resolution of Intention”) to rename the baseball field to the Willie Mays Baseball Diamond and setting a public hearing for all persons interested in or objecting to the proposed name change for March 1, 2022, at 6:30 P.M. or as soon thereafter as practicable in the Richmond City Council Chambers; and
WHEREAS, not less than ten (10) days have elapsed since the date of passage of said Resolution of Intention; and
WHEREAS, the name change is exempt from review under the California Environmental Quality Act; and
WHEREAS, such public hearing on the proposed name change was duly held at such appointed date, time and place and the Council considered all comments made orally and in writing regarding the proposed name.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Richmond does herby directs the Parks and Landscaping Division to rename the Baseball Diamond #2 at Nicholl Park to the Willie Mays Baseball Diamond.
BE IT FURTNER RESOLVED that, the Recreation and Parks Commission will work with city staff to plan a dedication at Nicholl Park on or near the date of May 6, 2022, which is the birth day of Mr. Willie Mays.
---------
I hereby certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held (INSERT DATE), by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Clerk of the City of Richmond
[SEAL]
Approved:
25-11
2 Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. xx-xx, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on September 28, 2021.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Richmond will hold a hearing to consider renaming Baseball Diamon #2 at Nicholl Park to Willie Mays Baseball Field herein.
The Recreation and Parks Commission approved an application from the Mr. Charles Cavness with support from the Park Plaza Neighborhood Council and the South Side Improvement Group Plus One at the October 6, 2021, meeting. The google map showing Nicholl Park can be accessed by clicking the internet link: https://goo.gl/maps/f4GAVszidUvybGrb8. For more information regarding the proposed street renaming, please contact the City Council’s Office at (510) 620-6861.
On Tuesday, March 1, 2022, at 6:30 p.m., during the virtual City Council Meeting, is hereby fixed as the time and method for hearing all persons interested in or objecting to the proposed renaming of said baseball field. City Council meeting agendas can be accessed by the following internet link. http://www.ci.richmond.ca.us/Archive.aspx?AMID=30
Public comment may be submitted by mail, email and/or Zoom video conference in the manner that follows; provided that no member of the public may submit more than one verbal comment per agenda item.
1. Via mail received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
2. Via email to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #_____[include the agenda item number]. All such email will be posted on-line and emailed to the City Council before the meeting is called to order. No individual email will be read into the record. Due to the high volume of emails received, emails that do not contain the correct identifying information in the subject line may be overlooked and may not become part of the record. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
3. Via Zoom by video conference or by phone using the following link/call-in numbers – for Open Session and City Council:
Link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09
Passcode: ccmeeting
Webinar ID: 993 1220 5643
Or iPhone one-tap:
US: +16699006833,,99312205643# or +13462487799,,99312205643# Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Pamela Christian
Clerk of the City of Richmond
Dated: February 16, 2022
Publish: February 19, 2022
March 1, 2022
Library and Community Services
DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Library and Community
Services Director
Ranjana Maharaj, Deputy Director CSD-Recreation
Joe Leach, Director of Public Works
Stephanie Ny, Associate Administrative Analyst
Subject:
Public Hearing to Adopt a Resolution to Rename South
37th Street Underpass to Juneteenth Freedom
Underpass
FINANCIAL IMPACT: Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council,
was awarded a Love Your Block Mini-Grant in the
amount of $9,775 from the Community Services
Department and City Manager’s Office, Economic
Development (01250051-400815-2GI01).
PREVIOUS COUNCIL
ACTION:
February 15, 2022
STATEMENT OF THE
ISSUE:
Hold a public hearing to adopt a resolution to rename the South 37th Street Underpass to Juneteenth Freedom
Underpass.
RECOMMENDED ACTION:
PUBLIC HEARING to ADOPT a resolution to rename the
South 37th Street Underpass to Juneteenth Freedom
Underpass, as recommended by the Recreation and
Parks Commission at its December 1, 2021, regular
meeting – Library and Community Services, Recreation
Division (Ranjana Maharaj 510-620-6972).
AGENDA
REPORT
March 1, 2022
DISCUSSION:
At the regular meeting of the Richmond City Council on February 15, 2022, the City Council adopted a Resolution of Intent to rename the South 37th Street Underpass to Juneteenth Freedom Underpass.
Background
At the November 3, 2021, regular meeting of the Recreation and Parks Commission (Commission), the Commission recommended the approval of the Juneteenth Freedom Mural concept design at the South 37th Street Underpass. On December 1, 2021, the Commission recommended renaming the South 37th Street Underpass to the Juneteenth Freedom Underpass per the request of the Pullman Neighborhood Council.
The renaming request would solely impact the underpass and not the street itself; therefore, the impact on safety, delivery services, and navigational routes related to the post office and police and fire department operations is estimated to be negligible.
A public hearing to consider renaming the South 37th Street Underpass to Juneteenth Freedom Underpass was initially scheduled for February 15, 2022; however, this item was continued from the February 1, 2022, agenda and the public hearing was rescheduled for March 1, 2022. Notifications were previously mailed to the properties and property owners within a 300-ft radius of the underpass in anticipation of the February 15, 2022, public hearing date. Notification was previously published in the West County Times which met the requirement of posting 10 days prior to the previously scheduled hearing. The notice was also sent to the police and fire departments and to post offices in Richmond to allow them to provide input on the impact to police, fire, and postal services. After the hearing date was moved to March 1, 2022, the City Clerk made an announcement of the new hearing date during the February 15, 2022, City Council meeting, and language of the new date was included in the February 15 agenda report.
Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council, received a Love Your Block Mini-Grant in the amount of $9,775 from the Community Services Department and City Manager’s Office, Economic Development team to implement the Juneteenth Freedom Mural project. The Love Your Block Mini-Grant project implementation period is July 1, 2021, through May 31, 2022.
Love Your Block Mini-Grant
A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond, a campaign to support clean-up efforts related to Richmond’s built environment and overall environmental quality. The funding can be used for: 1) Compliance and enforcement of local and state solid waste reduction and recycling laws, 2) Prevention of litter and blight, and 3) Improving overall environmental quality and health.
March 1, 2022
Through this funding, a total of $80,000 was allocated for the Love Your Block Mini- Grant Awards FY 2020-2022 grant cycle. The program was open to non-profit organizations with 501(c)(3) tax status and individuals and organizations utilizing a 501(c)(3) fiscal sponsor. Mini-grants would fund clean-up and beautification projects in the City of Richmond that would engage resident and community volunteers.
On February 2, 2021, City Council approved the Fiscal Years (FY) 2020-2022 Love Your Block Mini-Grant program guidelines, application, final report, and grant award agreement, and authorized the City Manager or designee to administer grant award agreements and disburse grant funds upon selection of recipients.
The application cycle received 23 mini-grant applications, and a review panel selected 10 applications to receive Love Your Block Mini-Grant awards. The Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council, was selected to receive $9,775 for the Juneteenth Freedom Mural project.
Juneteenth Freedom Mural
Per the Pullman Neighborhood Council, the Juneteenth Freedom Mural project “will help to beautify the Pullman Neighborhood by creating a colorful mural under the current 37th Street bridge/underpass which currently consists of bare concrete. The [South 37th Street Underpass] is a main artery in the Pullman and Park Plaza Neighborhoods and thousands of cars, bicycles, and pedestrians utilize this route daily. In addition, the annual Richmond Juneteenth Parade utilizes this underpass as part of the route to the festival in Nicholl Park each June. Currently, there is nothing commemorating the Juneteenth Family Day Parade and Festival in Richmond and this mural can help celebrate, elevate and promote the visibility of one of Richmond’s unique events as well as beautify the neighborhoods.”
Pullman Neighborhood Council worked with Bay Area muralist Desi Mundo of the Community Rejuvenation Project to aid residents in the design and painting of the mural. Residents brainstormed concept ideas, reviewed designs, and finalized the concept design.
The mural concept design was presented to the Public Art Advisory Committee on September 13, 2021, and approved by the Richmond Arts and Culture Commission on September 23, 2021. The mural concept design was additionally presented to and approved by the Recreation and Parks Commission on November 3, 2021.
Juneteenth Freedom Mural Location Details
The Juneteenth Freedom Mural will be located at the South 37th Street Underpass on South 37th Street between Chanslor Avenue and Ohio Avenue. The underpass has two structures: a northern structure with BART tracks on top and a southern structure that is part of the Richmond Greenway. The mural will be located solely on the south face of the southern structure. It will be visible to northbound travelers on South 37th Street.
March 1, 2022
Juneteenth Freedom Mural Timeline
The project will be completed by May 31, 2022. Pullman Neighborhood Council is working closely with Community Services and Public Works staff to coordinate the project, including traffic control coordination and encroachment permits.
Honoring Jerrold Hatchett in the Juneteenth Freedom Mural
The Juneteenth Freedom Mural honors the great contributions of long-time Richmond resident, activist, and organizer, Jerrold Hatchett, in spearheading and preserving the annual Juneteenth festivities for more than 15 years. Jerrold worked for almost 50 years at Richmond’s Sims Metal as a manager where he retired and continues to actively contribute to the citizens of Richmond and play a vital role in its future.
His advocacy recognized the Juneteenth celebration as a gem that showcases community, music, art, and culture by descendants of the Great Black Migration from the rural south that happened in the 20th century. The parade honors the historic achievements of its ancestors and descendants by passing through the southside neighborhood, an area that was largely settled by Black Americans from the south coming to work during World War II. While many states have actively recognized Juneteenth as a major holiday, its presence in California went largely unnoticed. Jerrold helped keep the flame alive, and it is evident now what an important holiday it has become as it is now a federal holiday.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Resolution of Intent
Attachment 3 – Google Map of South 37th Street Underpass Attachment 4 – Public Hearing Notice
Attachment 5 – Juneteenth Freedom Mural concept design and general project information prepared by Pullman Neighborhood Council
Attachment 6 – Richmond Arts and Culture Commission Minutes from September 23, 2021
Attachment 7 – Recreation and Parks Commission Minutes from November 3, 2021 Attachment 8 – Recreation and Parks Commission Minutes from December 1, 2021 Attachment 9 – Application to rename South 37th Street Underpass to Juneteenth Freedom Underpass
1 RESOLUTION NO. XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND RENAMING THE SOUTH 37TH STREET UNDERPASS TO JUNETEENTH
FREEDOM UNDERPASS
WHEREAS, a Notice of Public Hearing to rename the South 37th Street Underpass to Juneteenth Freedom Underpass was duly mailed to property owners and residents on South 37th Street and published in the West County Times on February 5, 2022, as required by City of Richmond policy, as appears from the affidavit of publishing now on file in the office of the City Clerk of the City of Richmond; and
WHEREAS, at its regular meeting on February 15, 2022, the City Council (the “Council”) adopted a Resolution stating its intention (“Resolution of Intention”) to rename the South 37th Street Underpass to Juneteenth Freedom Underpass and setting a public hearing for all persons interested in or objecting to the proposed underpass name change for March 1, 2022, at 6:30 P.M. or as soon thereafter as practicable at the regular meeting of the Richmond City Council on Zoom; and
WHEREAS, not less than ten (10) days have elapsed since the date of passage of said Resolution of Intention; and
WHEREAS, the name change is exempt from review under the California Environmental Quality Act; and
WHEREAS, the City Recreation and Parks Commission and City Council have authority under the Recreation and Parks Commission’s “Statement of Policy and Guidelines for Naming of Parks, Facilities and Re-Naming Streets” to approve nominations meeting the policy’s Change of Name criteria; and
WHEREAS, such public hearing on the proposed street name change was duly held at such appointed date, time and place, and the Council considered all comments made orally and in writing regarding the proposed name.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond does hereby resolve as follows:
Section 1. Pursuant to the Statement of Policy and Guidelines for Naming of Parks, Facilities and Re-Naming Streets, the City Council hereby changes the name of the South 37th Street Underpass to Juneteenth Freedom Underpass; and
Section 2. That the City Clerk and the Public Works Department are hereby directed to take whatever steps are required by law to notify the public of said name change, including providing any required notices, including to the Contra Costa County Board of Supervisors pursuant to Government Code Section 34092, and proceed to make physical improvements to the underpass that reflect the intent of this resolution.
------------
2 I hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond, California at a regular meeting thereof held March 1, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. xx-xx, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on March 1, 2022.
RESOLUTION OF INTENTION NO.
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO CHANGE THE NAME OF THE SOUTH 37TH STREET UNDERPASS TO JUNETEENTH FREEDOM UNDERPASS
BE IT RESOLVED by the City Council of the City of Richmond, California as follows:
Section 1. It is the intention of the City Council of the City of Richmond to change the name of the South 37th Street Underpass on South 37th Street between the streets of Chanslor Avenue and Ohio Avenue to Juneteenth Freedom Underpass as shown on Attachment 2.
Section 2. That Tuesday, March 1, 2022 at 6:30 p.m., or as soon thereafter, as the matter can be heard and will be held via Zoom video conference and by toll-free teleconference call. All persons interested in or objecting to the proposed renaming of said underpass may attend the public hearing online or by toll-free teleconference call, or, prior to the time of the hearing, submit written comments.
Section 3. That the City Council staff is hereby instructed to: (1) mail the notice of a hearing to property owners and properties on South 37th Street between Chanslor Avenue and Ohio Avenue.
Section 4. That the City Clerk is hereby instructed to: (1) cause to be posted conspicuously along South 37th Street between Chanslor Avenue and Ohio Avenue at least three (3) copies of this Resolution; and (2) cause to be printed and published in the West County Times, the notice of the Public Hearing at least ten (10) days before said hearing.
I certify that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on February 15, 2022, by the following vote:
--------------
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
Approved:
Mayor
Approved as to form:
City Attorney
South 37th Street Underpass Location
The Google map showing this location can also be accessed at the following link: https://goo.gl/maps/RM4SsTPjeKnaKdaQ6
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, February 15, 2022, the City Council of the City of Richmond will hold a public hearing to consider renaming South 37th Street Underpass to Juneteenth Freedom Underpass herein.
The Recreation and Parks Commission approved an application from the Pullman Neighborhood Council at its December 1, 2021, meeting to consider the name change. The google map showing South 37th Street can be accessed by clicking the internet link:
https://goo.gl/maps/RM4SsTPjeKnaKdaQ6.
For more information regarding the proposed street renaming, please contact Stephanie Ny at 510- 620-6563.
The hearing will commence at 6:30 p.m. or as soon thereafter as the matter can be heard and will be held via Zoom video conference and by toll-free teleconference call. All persons interested in or objecting to the proposed renaming of said street may attend the public hearing online or by toll-free teleconference call, or, prior to the time of the hearing, submit written comments.
To participate in the Zoom video conference online meeting and obtain detailed information on how to provide public comment, please visit the City of Richmond, City Clerk’s Office website, Council Agenda Documents webpage at http://www.ci.richmond.ca.us/151/Council-Agenda-Documents and review the published agenda for the February 15, 2022, meeting. The agenda is scheduled to be published on Thursday, February 10, 2022.
Public comment may be submitted by mail, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
1. Via mail received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
2. Via email to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments agenda item #__ [include the agenda item number]. All such email will be posted on-line and emailed to the City Council before the meeting is called to order. No individual email will be read into the record. Due to the high volume of email received, email that does not contain the correct identifying information in the subject line may be overlooked and may not become part of the record. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
3. Via Zoom by video conference or by phone using the following link/call-in numbers – for City Council:
Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
Webinar ID: 993 1220 5643
Or iPhone one-tap:
US: +16699006833,,99312205643# or +13462487799,,99312205643# Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Pamela Christian
Clerk of the City of Richmond
Dated: January 20, 2022 Published: February 5, 2022
JUNETEENTH FREEDOM
UNDERPASS AND MURAL
Slides and Pictures Courtesy of Pullman Neighborhood Council 1
PROJECT BACKGROUND
Recipient of FY 2020-2022 Love Your Block Mini-Grant ($9,775) Grantees & Partners: Pullman Neighborhood Council, Pullman Neighborhood Block Party Committee, Pullman Neighborhood Beautification Committee
Proposed Project: Paint Mural and Rename South 37th Street Underpass to Juneteenth Freedom Underpass
(Rename applies to the underpass only, not South 37th Street) Implementation period: July 1, 2021 – May 31, 2022
2
From this…
To this…
3
DESIGN PROCESS
Pullman Neighborhood
Council (PNC)
brainstormed concept
ideas and discuss
muralist candidates.
After deciding on
muralist, PNC provided
ideas to muralist.
Concept design meeting
with Muralist and PNC
to review designs,
provide input, and
finalize draft.
4
HONORING RICHMOND’S
JUNETEENTH PARADE
5
HONORING JERROLD
HATCHETT’S ADVOCACY
6
ARTIST DESI MUNDO
Local Bay Area muralist Desi Mundo of the Community Rejuvenation Project consulted with the Pullman Neighborhood Council to aid in the design and painting of the mural. 7
NAMING THE SOUTH 37TH
STREET UNDERPASS
Applies to the South 37th Street Underpass only, not South 37th Street 8
TIMELINE
August 2021: Mural concept design completion
September 2021: Mural concept design approval from Richmond Arts and Culture Commission
November 2021: Concept design approval from Recreation and Parks Commission; renaming application submitted
December 2021: Renaming application recommendation for approval by Recreation and Parks Commission
February 2022: (Pending) Project approval and renaming resolution adopted by Richmond City Council
March – May 2022: Project implementation
June 2022: Juneteenth Parade
9
RECOMMENDED ACTION
APPROVE the Juneteenth Freedom Mural Project
at S. 37th Street Underpass
ADOPT a resolution of Intent to rename the S. 37th
Street Underpass to Juneteenth Freedom
Underpass
SCHEDULE a Public Hearing for February 15, 2022
10
Thank you!
Funded by a Love Your Block Mini-Grant from the City of Richmond City Manager’s Office, Economic Development and Community Services Department 11
1 RICHMOND ARTS AND CULTURE COMMISSION (RACC)
Regular Meeting Minutes
Thursday September 23, 2021
6:00 p.m. - 7:00 p.m. Zoom Invitation
Present: Commission Chair Floren e Wiley; Commission Co -Chair Michael Cohen ; Commissioners Lynson Bea ulieu, Deb Dyer, Siobhan Hayes, Tom Herriman, Melissa Kirk, Tom Lyons and Phillip Mehas
Absent: Commissioner Emily Leighton and Council Liaison Melvin Willis
Staff Present: Arts & Culture Manager Winifred Day
I. Welcome/Call to Order/Roll Call
The RACC meeting was called to order at 6:00 p.m.
II. Approve September 23, 2021 Agenda
Motion by Commissioner Dyer, seconded by Commissioner Beaulieu to approve the September 23, 2021 meeting agenda, as shown, carried by a Roll Call vote.
III. Approve July 22, 2021 Meeting Minutes
Chair Wiley commented that as a former Board Secretary she was thrilled to have legitimate meeting minutes for the RACC as a public document to represent the RACC.
Motion by Commissioner Beaulieu, seconded by RACC Co-Chair Cohen to approve the July 22, 2021 meeting minutes, as shown, carried unanimously by a Roll Call vote.
IV. Public Comments
There were no public comments.
V. Discussion / Action /Items
1. Love Your Block Mural Proposals
Mural Concept Designs for Pullman Underpass and Unity Park
Commissioner Dyer reported the Public Art Advisory Committee (PAAC) had recommended the RACC accept both Love Your Block mural concept designs.
Chair Wiley advised the materials for the mural concept designs for Pullman Underpass and Unity Park had been included in the RACC agenda packet.
Stephanie Ny, Community Services Division, supported the grantees and their p roposals and expressed her appreciation to Arts & Culture Manag er Day, the PAAC, and the RACC for its consideration of the mural designs.
2 Motion by Commissioner Dyer, seconded by Commissioner Hayes to accept both of the Love Your Block Mural Concept Designs for Pullman Underpass and Unity Park , as approved by the PAAC at its September 13, 2021 meeting, carried unanimously by a Roll Call vote.
2. West Contra Costa County Family Justice Center (WCCCFJC)
a. Panel Composition and Recommendation of Resident Panelist
Commissioner Dyer reported t he PAAC had approved a recommendation from Arts & Culture Manager Day for Richmond resident Natalia Lawrence, with further discussion to add anothe r artist from the Richmond area. Six names had been provided to Ms. Day and the WCCCFJC was to complete the panel of three by selecting either a staff person, citizen or client. Only three voting members had been recommended for the panel that involved a $10,000 award , with potentially a member of Planning staff or of the PAAC, to be added as a non-voting member.
Arts & Culture Manager Day noted that Commissioner Herriman had volunteered to serve as the non-voting member since he had a history with the project. S he was conducting research prior to contacting the six names that had been provided to confirm their residency given the focus on Richmond residents first. A panel application would be prepared due to the number of people who wanted to be in the position. She reported that Natalia Lawrence had accepted the resident Richmond position, was familiar with Richmond, and would be a great candidate.
Commissioner Dyer suggested it would be nice to have a group of people who could be called upon when needed.
Commissioner Herriman consented to serve as the non-voting member on the panel.
Motion by Commissioner Dyer , second ed by Co-Chair Cohen to accept the PAAC recommendation to form a panel of three for the West Contra Costa County Family Justice Center (WCCCFJC) to select the work, to be comprised of Richmond resident Natalia Lawrence, an artist who resided in Richmond, someone designated by the WCCCFJC, and with Commissioner Herriman to serve as a non -voting member of the panel , and potentially to include a representative from Planning staff, carried by a Roll Call vote . (Commissioner Kirk, who was having technical difficulties, abstained by not responding.)
3. Art Inventory Update
a. After some review, StoryMaps ( https://storymaps.arcgis.com is the software recommended by the IT team. A presentation will be made a t a RACC meeting, at a time TBD.
b. Artist Registry online now
City of Richmond Artist Database Form
The City of Richmond Artist Database Form is an opportunity for local artists from all media and genres available for art projects in Richmond to provide their information to the City. If you are a local artist, please fill out this form: City of Richmond Artist Database Form.
Ms. Day reported that staff had been working on the art inventory and there were quite a few Departments involved including members of the RACC and the PAAC. She described the
3 StoryMaps software which provided a virtual tour with different c ategories that needed to be classified to organize the information.
Commissioner Dyer clarified the action being asked of the RACC to vote on the categories with a limit on the number of items that could be placed on StoryMaps. She recommended breaking the number of items down to media types such as murals, sculptures, and other types of art, with the Civic Center to have its own category.
The RACC discussed whether or not to take action on the item with a recommendation to allow staff to have the authority to proceed rather than taking action on the specific categories; and Ms.
Day suggested such direction would be acceptable, allowed a starting point, and more information would be provided to the RACC at a future meeting.
Chair Wiley stated for the record that no vote was necessary. Staff was given approval to proceed on a common sense basis to separate the categories as described by Commissioner Dyer.
VI. Discussion Items
1. Establish Meeting NORMS, Conflict of Interest, Recusal Policies, Exit Zoom and Return
Ms. Day explained that the item was intended to provide a reminder when a Commissioner must recuse himself/herself from the discussion of an item during a Zoom meeting where he/she must step off the platform for that period of time and then return. Specific NORMS could be discussed at a future meeting.
Commissioner Mehas understood the NORMS had been spelled out in the Commission’s manual and that the entire City was ruled by Conflict of Interest regulations.
Chair Wiley confirmed the information in the Commission’s manual but noted that mistakes had been made in the past. As an example, two years ago, the RACC had approved a grant which had a clear conflict of interest but which had proceeded anyway. She suggested the item required no further discussion.
2. Project Budget Development for 2022 Fiscal Year – October Make a Wish List
Chair Wiley reported she had placed the item on the meeting agenda. For the October 28, 2021 meeting, she asked Commissioners to come prepared with any item desired in the budget as an expense item, such as the Make a Wish List that must be prepared as part of the City’s budget.
On the question of where to start, Chair Wiley suggested the Committee Reports could provide some clarification.
3. Committee Reports
Chair Wiley reported the Strategic Planning Committee had held a Strategic Planning Retreat with a discussion to institute, and in some cases re-institute, committees that were part of the RACC, recognizing the PAAC was its own entity as a committee given its structure and source of revenue.
The other committees were identified as the Ookwe Park Committee, with Commi ssioners Kirk, Dyer, Leighton, Beaulieu and Mehas; the Neighborhood Public Art Mini-Grant Ad Hoc Committee included Commissioner Kirk, Co -Chair Cohen and Chair Wiley; t he Poet Laureate Committee
4 included Co -Chair Cohen and Chair Wiley; and while the Fundra ising and Development Committee had no other volunteers, Chair Wiley had volunteered to sit and serve. If there was anything that those committees needed in terms of funds, they would be budget line items.
Chair Wiley asked those Commissioners not named to select a committee , meet between now and October 28, and prepare a written report on what they planned to do moving forward. The report did not have to include the budget items since that would be discussed separately at the October 28 meeting, but she wanted to know what the committee planned to do during the months of November and December 2021.
Commissioner Mehas recommended that the Chair check with legal about the Fundra ising and Development Committee.
Chair Wiley advised that while she had not spoken with the Legal Department, she had spoken with Deputy City Manager, Economic Development Shasa Curl , who had provided some guidance. As long as working within the established parameters there was no reason for legal to become involved. She had also received information about an arts fund grant program with funds from property taxes that the Contra Costa County Measure X Advisory Committee had recently approved, which might be an opportunity for the City of Richmond to pursue. In addition, the National Endowment for the Arts (NEA) had an American Rescue Plan Act (ARPA) Grant that could be considered along with the hope that the City of Richmond’s currently allocated $65,000 for the Neighborhood Public Art (NPA) Mini Grant program could be increased.
Commissioner Herriman expressed the willingness to serve on the Ookwe Park Committee.
Commissioner Dyer asked to switch from the Ookwe Park Committee to the Fundraising and Development Committee.
Commissioner Hayes reported she could not serve on another committee beyond the PAAC since she would be stepping down from the RACC and would be relocating to another city.
VII. Information / Report Items
1. NPA Mini Grant
Chair Wiley reminded everyone not to wait until the last minute to input scores even though they were electronic.
Commissioner Beaulieu found it was premature to do the scores when the RACC had not yet discussed the proposals.
Ms. Dyer clarified that the scores could be changed and nothing was final until the October 7 , 2021 RACC meeting.
Chair Wiley emphasized th at the votes were needed now. She urged Commissioners to input their scores to identify where they were with the NPA Mini Grants.
Ms. Day concurred with the Chair’s recommendation and asked that the scores not be left blank.
2. Poet Laureate Update
5 Co-Chair Cohen reported on a productive meeting with the Chair, Ms. Day and David Flores who was working diligently to schedule event s at CoBiz Richmond with Poet Laureates from San Francisco, Vallejo, Oakland, and El Cerrito. He explained that Mr. Flores had created a sample program outline and flyers and wanted to host smaller poetry event s on Zoom during the month of October.
Chair Wiley was excited for the City of Richmond to host the event and commented that no city had hosted the Bay Area Regi onal Poet Laureates and Richmond had pioneered this kind of programming.
3. Art for Peace Rotary Project Update
Commissioner Herriman did not have an update since not much ha d happened, although a Memorandum of Understanding (MOU) was being prepared to be reviewed by the project participants with a meeting scheduled for Friday, October 1 , 2021. After that meeting he would have something more concrete to report.
Chair Wiley stated all Commissioners had been provided a copy of the MOU and were invited to provide any comments to Ms. Day so that they could be forwarded as appropriate.
4. Art Project Update Report
Ms. Day explained that an Inventory Committee would be required given the number of participants a ttending inventory meetings , and as-built con struction drawings for the Senior Center Mural had been received, as requested, in order to provide a cost estimate.
5. Public Art Financial Report
Chair Wiley reported she had requested information on the City of Richmond’s procedure s to have requests from the PAAC approved, with information to be provided in the RACC packet on the City’s procurement processes. She asked Commissioners to keep the information on file as to the steps and timelines that could be adjusted.
Chair Wiley referenced how the R ACC in the past had worked under the Library Services Department, with a number of challenges involved and with little access to information or cooperation as compared to what the RACC currently enjoyed under the City Manager’s Office.
She found that more was being accomplished more smoothly under the current configuration and she thanked everyone for their patience during that transition.
Commissioner Dyer clarified the Public Art Financial Report involved funds that were primarily being collected through the one percent for art, and some of the projects were man aged by the RACC and some by others. S ome of the funds involved in-lieu funds but they still had to make plans to spend the funds As a member of the PAAC, she commented that it had to look almost a full year if not up to 18 months out on where it might want to be pulling out the money for public art in the City of Richmond for planned projects.
Chair Wiley cautioned that the City of Richmond had been impacted like every other community in the country in the last 18 months due to COVID -19. She did not want the RACC funds to be poached for lack of planning.
6 Commissioner Mehas suggested if projecting the needs for the next 12 to 18 months, the RACC also needed cooperation from the Planning Department to identify what projects were approximately 12 to 18 months out.
Chair Wiley suggested it was up to the PAAC to establis h a relationship with the Planning Department and if staff was not providing something requested by the PAAC she asked to be informed.
Ms. Day acknowledged the number of changes that had occurred over the last year with the City’s policies and procedures, the fact the Finance Division had to implement policies and procedures with the RACC that were actually in writing which they currently did not have. Staff would work with legal and the Finance Division over the course of the next couple of months to pre pare a chart similar to the procurement policies the Finance Division normally followed that could be created into a policy that was art specific.
Co-Chair Cohen asked whether or not there would be any time constraints for this fiscal y ear given that it may take up to 18 months for a project to occur. Familiar with how funds were utilized by the school district, it not used by the end of the fiscal year, funds could be restored to the General Fund. He asked if that was something the RACC should be concerned about.
Commissioner Dyer clarified the funds being discussed were not part of the General Fund and that the use of the funds were specified for certain expenditures. She suggested it would be very difficult to poach the funds unless there were maintenance issues.
Ms. Day clarified that General Fund items were items like the NPA Mini Grants , which was why there was a push to ensure that all invoices were in before the deadline , since there had been issues in the past with invoices coming in after the deadline when the funds had been shifted.
Chair Wiley understood that would not affect the one percent and noted the RACC meeting of October 7 would include not only the selection of the NPA Mini Grant awards but backups to ensure the use of the funds. She clarified her previous comments that she had included the one percent in the monies that could be poached but stated that was not the case.
VIII. Adjourn until October 7, 2021 (Special Meeting)
The meeting adjourned at 6:46 p.m. to a Special Meeting of the RACC immediately after the Regular Meeting to conduct NPA Mini Grant Interviews from 7:00 to 9:00 p.m. via Zoom.
1 Richmond Recreation & Parks Commission
MINUTES
Wednesday, November 3, 2021 6:00 PM
To view a video of this meeting click on this link:
https://richmond.granicus.com/ViewPublisher.php?view_id=37
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Meeting called to order by Chair Joey Smith at 6:11 P.M.
ROLL CALL
PRESENT: Joey Smith, Soheila Bana, Allison Blakeley, Brendan Havenar-Daughton, Maryn Hurlbut, Catalin Kaser, Pardip Saini, Eleanor Thompson
ABSENT: None
Vice Chair Brendan Havenar-Daughton requested that the Commission embrace a sincere acknowledgement that the City of Richmond was situated on land occupied for thousands of years by Huichin: Confederated Villages of Lisjan, Chochenyo Ohlone Territory, made up of the seven Tribes of Lisjan (Ohlone), Karkin (Ohlone), Bay Miwok, Plains Miwok, Wappo, Delta Yokut and Napian (Patwin) whose territory included Alameda, Contra Costa, Solano, Napa and San Joaquin counties. He invited everyone to contribute and explore a practice of acknowledgement to help lift up the needs, issues, and asks of indigenous community members and evolve in a way to stay relevant to the current struggle and goals of indigenous community members with a specific focus on exploring pathways to return indigenous lands to indigenous hands.
Chair Smith provided a brief overview of the meeting procedures and the Mission of the Recreation and Parks Commission.
AGENDA REVIEW
Motion by Commissioner Hurlbut to approve the agenda, as shown, seconded by Commissioner Kaser, and carried unanimously by a voice vote.
OPEN FORUM
Bruce Bayaert, Chair of Trails for Richmond Action Committee (TRAC), representing the Richmond Bicycle and Pedestrian Advisory Committee, presented graphics for new signs and their proposed placement along the Bay Trail urging those using the trail to be kind and promote harmony on the trail.
Cordell Hindler, Richmond, reported that the City Council had continued the presentation of the reorganization chart to its November 16, 2021 meeting.
2 ANNOUNCEMENTS THROUGH THE CHAIR
➢ Chair Smith advised that the Next Commission meeting would be held on Wednesday, December 1, 2021 via Zoom.
➢ The balance in the Commission Trust account was reported to be $413.08, with an additional $1,000 in the Trust for the RTA Snow Ball account.
➢ Commission membership remained the same with no changes at this point.
➢ Anyone wishing to speak during this meeting was encouraged to send an email to [email protected] by 12:00 P.M. the day of the meeting with the subject line “rec&parks commission speaker.” State your comments as “Open Forum” or “Staff Reports” as an example of the topic to be discussed.
AD HOC COMMITTEE STATEMENTS
Urban Green Canopy Committee (Brendan/Catalin/Maryn)
Vice Chair Havenar-Daughton reported that the Arbor Day event had been held last month.
Commissioner Kaser stated that 23 trees had been planted; City staff and representatives from Richmond non-profits had participated; the event had been well-attended; and the Forestry Advisory Committee had taught everyone how to plant trees.
Vice Chair Havenar-Daughton advised of the Committee’s interest in looking at an update to the Parks Master Plan with a specific focus on the Richmond Greenway.
Willie Mays Day (Maryn/Eleanor/Joey)
Willie Mays Field Committee (Maryn/Eleanor/Joey)
Commissioner Thompson reported that the process was ongoing for the naming of Nicholl Field Diamond #2 for Willie Mays, with a meeting, details yet to be determined, to be set up with Councilmember Bates, Mayor Butt, and Willie Brown. The naming was expected to take place next year on Willie May’s birthday.
Commissioner Hurlbut advised that she had the original documents related to the original request for the field naming that she would provide to staff for the record.
Dominique Roache-Green stated that the Mayor was happy to sponsor Willie Mays Day and it would be placed on the City Council agenda closer to the date. She confirmed that a baseball diamond could be named or renamed for someone still living.
Associate Commissioner Committee (Maryn/Allison/Joey)
Chair Smith advised that a whole curriculum had been developed and submitted for the Associate Commissioner Committee.
LaShonda White, Interim Library and Community Services Director, explained that she had been provided a number of documents related to the Associate Commissioner proposal, had reviewed those
3 documents, thanked the Commission for all its work. She said she understood the objective of the program was to allow youth an opportunity to participate in city governance and community service operations. She explained there was nothing to prohibit young people from serving on the Commission and from being a voting member, and understood through Ms. Roache-Green that the current age limit was 16 years of age. She emphasized that other bodies already existed that may meet the Commission’s objectives.
Chair Smith stated the process had been proposed prior to some of the youth organizations referenced by Ms. White. She clarified there had been no intent to restrict voting; there had been challenges with administrative support and there was a desire to identify the process of getting the work done.
For next steps, Ms. White explained that staff time was limited; she recommended ways to meet the objectives through existing programs with staff assistance for outreach and potential mentorship to interested youth.
On the discussion, it was clarified that since the proposal had yet to be submitted to the City Council, it could be modified. The City Attorney’s office would also have to approve the legality of the proposal prior to making recommendation to the City Council.
Chair Smith stated that the Associate Commissioner Committee would re-discuss the proposal.
CONSENT CALENDAR
APPROVE minutes of the October 6, 2021 meeting.
Motion by Vice Chair Havenar-Daughton to approve the minutes of the October 6, 2021 meeting, as submitted, seconded by Commissioner Saini, and carried by a voice vote with abstentions from Commissioners Blakeley and Hurlbut.
DEPARTMENT REPORTS FROM STAFF
Library & Community Services Department – an oral and visual report was provided by Ranjana Maharaj, Community Services Administrative Manager, who responded to comments from the Commission.
Public Works Department – an oral and visual report was provided by Greg Hardesty, Superintendent, Parks and Landscaping, who responded to comments from the Commission.
Bruce Bayaert referred to a comment about signs to warn of potential coyotes in parks and stated the East Bay Regional Park District (EBRPD) had a sign at the Dotson Family Marsh Trailhead to warn owners to keep their dogs on a leash because of coyotes, which sign could be used as a model.
PRESENTATIONS
There were no presentations.
DISCUSSIONS & ACTION ITEMS
4 Approve the Juneteenth Freedom Mural Project at the South 37th Underpass and Approve a request to rename the South 37th Underpass to Juneteenth Freedom Underpass – Stephanie Ny
Stephanie Ny, Community Services Department, presented the item on behalf of the Pullman Neighborhood Council to request approval of a proposed Juneteenth Freedom Mural Project and to rename the South 37th Street underpass to the Juneteenth Freedom Underpass. The mural project had already been approved by the Public Arts Advisory Commission (PAAC) and the Richmond Arts & Culture Commission (RACC). She presented photographs of the site, described the design process, noted the project had been expected to be completed by October but the timeline had been extended, and the mural would also honor Jerrold Hatchett, instrumental in the City of Richmond’s Juneteenth celebrations.
Michelle Milam, a member of the Juneteenth Committee; Jan Mignone, President of the Richmond Coordinating Neighborhood Council and the fiscal sponsor for the proposal; Madalyn Law, President of the Park Plaza Neighborhood Council; Jonas Juhlin, a member of the Pullman neighborhood committee; Naomi Williams, President of the Pullman Neighborhood Council; Clarita Griffin from the Pullman Neighborhood Council and a member of the Beautification Block Party and the Mural Committees spoke in favor of this item describing efforts put forward by Jerold Hatchett to keep Juneteenth alive, and to acknowledge Richmond’s rich history to Juneteenth. The speakers also suggested the shaded area and the opposite side of the underpass should also be addressed in the future.
Winifred Day, Arts and Culture Manager, stated the project had been approved by the PAAC in September for the concept design and no other parts of the project had been discussed.
Jerrold Hatchett was available to speak but could not connect with the Zoom meeting.
Motion by Commissioner Bana to approve the Juneteenth Freedom Mural Project at the South 37th Underpass and to approve a request to rename the south 37th Underpass to Juneteenth Freedom Underpass, seconded by Commissioner Kaser. Motion failed since the Commission had not received and reviewed a copy of the initial renaming documentation. Chair Smith expressed concern moving forward with that action and recommended moving forward with the mural. She said as soon as the documentation on the renaming was available for review, then the Commission could pursue the renaming portion of the proposal.
Motion by Commissioner Bana to approve the Juneteenth Freedom Mural Project at the South 37th Underpass, seconded by Commissioner Kaser, and carried unanimously by a voice vote.
The renaming portion of the request was moved to the December meeting.
Receive an update regarding the City’s Parks Master Plan – Staff
Ms. Maharaj noted that Mr. Hardesty was no longer at the meeting to report on the item, although she was aware that funding would be needed to hire Marcia Vallier as the landscape architect to conduct the Master Plan upgrade, which involved a lot of community input.
Vice Chair Havenar-Daughton referred to the goals associated with the Master Plan and asked for an
5 update on the progress that had been made with those goals in the last ten years.
Commissioner Kaser recommended that items associated with City staff be clustered together early on each agenda to be more respectful of staff time.
The agenda was taken out of order at this time.
Create a Kiosk concept paper for a “Walk of Honor” to be installed as part of the Yellow Brick Road Commissioner Hurlbut provided a detailed background to the request to honor people with a walk of honor. She explained that because the Yellow Brick Road project had received approval and funding in the millions, Toody Maher had been contacted because she had been thinking of the same kind of honor. A concept paper had been proposed and the Recreation & Parks Commission had supported pursuit of an honors project.
Winifred Day, Arts & Culture Manager, sought more information prior to submittal to the PAAC and the RACC. She suggested that a member of the Recreation & Parks Commission attend those meetings to make a presentation when ready to do so.
Cordell Hindler, Richmond, liked the idea of a Kiosk and invited Commissioners to the Neighborhood Coordinating Council where a walk of honor had previously been discussed.
Commissioner Hurlbut clarified that no concept paper had been developed at this point and she recommended the designation of a Kiosk Committee to finalize the concept and explain the history of a potential walk of honor.
Chair Smith verified the formation of a Kiosk Committee, to be comprised of Commissioners Hurlbut, Thompson and Chair Smith.
Receive an update on the Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets – Ranjana Maharaj
Ms. Maharaj presented the Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets document.
Commissioner Hurlbut commented that the document being presented was not the latest that had been developed.
Ms. Maharaj described the changes that had been proposed and stated that once the document had been approved by the Recreation & Parks Commission it would go to the City Council. She said the changes will be incorporated with the most up to date version of the document and resubmitted for Commission review.
Update on Park Signage to include the following information – Greg Hardesty
Ordinance regarding dog leash and waste pick up by park users Posting multilingual signage (English/Spanish)
Signage regarding illegal dumping
6 Signage with QR Codes
Mr. Hardesty was not available but he had earlier advised that he had ordered park signage.
Coordinate open conversation on how the city can support the native stewardship of Ookwe Park
Recreation and Parks Commission
Sogorea Te’ Land Trust
Arts and Culture Commission
Planning Commission
Vice Chair Havenar-Daughton explained that Ookwe Park was under the stewardship of the Sogorea Te’ Land Trust and community. He recommended a conversation with the entities listed as to how to support the native stewardship of the park lands with the intent of exploring ceding the land to the Sogorea Te’ Land Trust or other indigenous entity.
Ms. Day described what the Sogorea Te’ Land Trust was currently doing as part of Adopt a Park to maintain Ookwe Park along with the City’s maintenance efforts, and the RACC’s plans to finish the directional and didactic signage along with a plan to pursue some educational activities - a partnership that had been working well. She also noted that public schools were using the park as a field trip location.
Vice Chair Havenar-Daughton clarified that the Sogorea Te’ Land Trust had not made the request but he recognized a strong movement to return land to indigenous communities and described this proposal as a first step.
Update on Commissioners Term Appointments – Ranjana Maharaj
Ms. Maharaj advised that term appointments had been corrected for Chair Smith and Commissioners Hurlbut and Thompson at the October 19, 2021, City Council meeting.
Cordell Hindler, noted that there were two vacancies and he had two folks in mind to fill those vacancies. Chair Smith verified that the names offered by Mr. Hindler had yet to submit applications to the City Clerk.
COMMISSIONER LIAISON REPORTS
The Commission discussed the process for submitting Commissioner Liaison Reports and Comment and some Commissioners read their reports.
COMMISSIONER COMMENTS
There were no other Commission comments.
AGENDA SETTING FOR NEXT MEETING
1. Request to rename the South 37th Underpass to Juneteenth Freedom Underpass; Commissioner
7 Hurlbut would provide color coding for the naming document to Ms. Maharaj.
2. A Kiosk Committee meeting would be scheduled to develop a concept presentation to be taken to the RACC
3. The status of potential traffic bumps outside Cheese Park would be clarified
4. Open discussion on the item related to supporting indigenous stewardship at Ookwe Park.
ADJOURNMENT
The meeting adjourned at 9:44 P.M.
Respectfully Submitted,
Anita L. Tucci-Smith
Minutes Clerk
1 Richmond Recreation & Parks Commission
MINUTES
Wednesday, December 1, 2021 6:00 PM
To view a video of this meeting click on this link:
https://richmond.granicus.com/ViewPublisher.php?view_id=37
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Meeting called to order by Chair Joey Smith at 6:02 P.M.
ROLL CALL
PRESENT: Joey Smith, Soheila Bana ,* Brendan Havenar-Daughton, Maryn Hurlbut, Catalin Kaser, Aaron Rowden, Pardip Saini, and Eleanor Thompson
*Arrived after Roll Call
ABSENT: Allison Blakeley
Vice Chair Brendan Havenar -Daughton requested that the Commission embrace a sincere acknowledgement that the City of Richmond was situated on land occupied by the Huichin: Confederated Villages of Lisjan, Chochenyo Ohlone Territory, made up of the seven Tribes of Lisjan (Ohlone), Karkin (Ohlone), Bay Miwok, Plains Miwok, Wappo, Delta Yokut and Napian (Patwin) whose territory included Alameda, Contra Costa, Solano, Napa and San Joaquin counties. He advised that he personally had contributed to the Shu’umi Land Tax as a relatively low cost way to support the native community members in their work.
Chair Smith provided a brief overview of the meeting procedures and the Mission of the Recreation and Parks Commission.
AGENDA REVIEW
Motion by Commissioner Hurlbut to approve the agenda, as shown, seconded by Vice Chair Havenar- Daughton, and carried by a voice vote, with an abstention by Commissioner Rowden.
OPEN FORUM
Gary Hurlbut, President of the Richmond Tennis Association (RTA), reported that youth and adults had been able to get back on the tennis courts with folks from the Recreation Division and volunteers from RTA for the full month of July at MLK Park , and two women ’s team s that had won the East Bay Championship had participated in sectionals in Sacramento.
Cordell Hindler, Richmond, reported that Home for the Holidays would be performed at the Contra Costa Civic Theater on December 3 and 5 at 7:30 P.M. He also reported that there would be some new deputy directors in Richmond as a result of the passage of the City’s Reorganization Chart.
Jan Mignone advised that the baseball portion of Wendell Park was being used for undesirable activity walking back and forth. As a result, she requested that the opening at 26th Street be gated. She added
2 that she had been working to get more lights in the park to help address the issue.
ANNOUNCEMENTS THROUGH THE CHAIR
1. Chair Smith advised that the Next Commission meeting would be held on the second Wednesday of January, January 12, 2022 via Zoom.
2. The balance in the Commission Trust account was reported to be $413.08, with an additional $1,000 in the Trust for the RTA Snow Ball account.
3. Chair Smith welcomed new Commissioner Aaron Rowden to the Recreation & Parks Commission.
4. Anyone wishing to speak during this meeting was encouraged to send an email to [email protected] by 12 :00 P.M. the day of the meeting with the subject line “rec&parks commission speaker.” State your comments as “Open Forum” or “Staff Reports” as an example of the topic to be discussed.
CONSENT CALENDAR
Approve Minutes of the November 3, 2021 Meeting
Motion by Commissioner Kaser to approve the minutes of the November 3, 2021 meeting, as submitted, seconded by Commissioner Hurlbut, and carried by a voice vote with an abstention from Commissioner Rowden.
DEPARTMENT REPORTS FOR INFORMATION
Public Works Department Reports:
Jose Urquilla, Superintendent, Facilities and Greg Hardesty, Superintendent, Parks & Landscaping provided oral and visual reports and responded to comments from the Commission, including the status of the signage previously approved by the Commission.
Community Services Department:
Ranjana Maharaj, CSD Administrative Manager , provided oral and visual reports and responded to comments from the Commission.
PRESENTATIONS
Update on Pickleball Program – Darlene Drapkin
Darlene Rios Drapkin, USA Pickleball Association Ambassador, East Bay Pickleball Association noted that the Commission had voted in June 2021 to allow the conception of a Pickleball Program. She pointed out the multi-purposing that had been made to the two existing tennis co urts at Booker T. Anderson, Jr.
Park for six temporary pickleball courts. She referred to court fees paid to the City and requested that the City consider waiving those fees. She noted that a theft of temporary equipment in November had crippled the program.
Ms. Drapkin explained that there were few pickleball courts in Richmond. She proposed a solution to meet the existing demand for pickleball in Richmond was to place two pickleball courts using the existing lines to allow two dedicated courts. She requested that the Commission repurpose one tennis court in the park so that two permanent pickleball courts could be installed at no cost to the City.
3 Gary Hurlbut, Richmond, stated that while he was a pickleball supporter , the loss of one tennis court would leave only one court for tennis at the park. He explained that the tennis courts at the park had been utilized by Richmond youth programs, with 230 youth on the courts in 2019.
Shoshana Grammer, Richmond, a pickleball player, noted that 1,300 people had come out in the last few months to play pickleball and there were options to consider, which could include building new pickleball courts.
Michelle Temple, Richmond, stated that pickleball had come to Richmond with a smash in August and since then hundreds of players had come in and the sport had united people of all ages in a healthy activity.
Ahmad Anderson, a Richmond Economic Development Commissioner and son of Booker T. Anderson, stated the issue was about inclusiveness and a way to join both tennis and pickleball together. He advised that pickleball had increased participation, inclusion and engagement. He appealed to the Commission to help move the program forward.
Cheryl Maier, with Richmond Friends of Recreation, a non-profit agency helping the City by stewarding special funds for parks and recre ation at the request of the City, emphasized the need for some compromise.
Debra Bernhardt, echoed the comments of others and noted that all the tennis courts at Indian Wells would be temporarily converted to pickleball courts for the Nationals , where 2,800 pickleball players would participate from children to 90 -year olds, disabled and others . She emphasized that pickleball would be a good addition to the community.
Eduardo Martinez, a member of the Richmond City Council , noted that while he had initially been skeptical about pickleball, he had seen what a great community building vehicle it was. He stated a lock box would not be a solution and there was a need to create a situation to help pickleball grow and be established in the City of Richmond.
Phillip Moss, Richmond, stated the permanent pickleball courts would give everyone the opportunity to play pickleball in a walk -on, play and leave situation. He requested the support for the two pickleball courts given the informal, inexpensive effort involved.
Commissioner Hurlbut pointed out that the Nystrom area was a very large unused area that would be a perfect permanent location for pickleball courts where there could be six courts instead of two. She objected to having to remove lines that had already been paid for to convert the courts from tennis to pickleball.
Ms. Drapkin clarified that the two courts would be placed on the existing lines and while she supported use of the Nystrom area, she explained that would be a long-term and not a short-term solution and would involve a lot of investment.
Commissioner Saini asked if the proposal would interrupt those who wanted to play tennis.
Tetteh Kisseh, Recreation Program Coordinator, clarified that for the proposal to be approved it would first require approval from the neighborhood council and the Recreation & Parks Commission. He noted that both programs had equal power and if approved there would be pickleball on one side and tennis on the other evenly distributed. In response to Commissioner Bana as to whether pickleball could be considered in the El Sobrante Valley area or at De Anza High School, he stated that the City had been
4 exploring other possibilities of expansion in Richmond.
Ms. Temple spoke to the popularity of pic kleball throughout the Bay Area. She urged the Commission to offer some permanent solutions to the situation where over $2,000 had been lost in the theft.
Mr. Anderson commented that while the pickleball organizers had contacted the West Contra Costa Unified School District (WCCUSD) w ith respect to the use of the tennis courts on school properties, there were issues with respect to WCCUSD control and insurance that had made the use of those courts difficult if not impossible.
Mr. Martinez confirmed that it would be unwieldly to do anything with the WCCUSD unless it was with respect to tournaments or something special.
Ms. Drapkin reported that Don Low , former Executive Director of the YMCA in Richmond, had submitted a comment on Chat to request a permanent pickleball course in Richmond.
Ms. Bernhardt pointed out that the money being collected for pickleball was being submitted to the City of Richmond.
Ms. Drapkin requested that the comments submitted to the City be shared with the pickleball organization.
Master Fee Schedule – Hope Lattell
Hope Lattell, Senior Accountant, presented updates to the Recreation & Parks Department portion of the Master Fee Schedule and stated this year the updates were fairly minimal. She identified the changes requested, the fee updates that were all fairly minimal, an d pointed out the fees involved to make the department more self-sufficient.
Vice Chair Havenar-Daughton commented that some of the fees appeared to be low, such as alcohol sales at the convention center. He asked about the criteria used to determine the relative increase and requested a report on the amount of revenue generated for each of the line items.
Ms. Lattell stated that information could be provided. She added that the idea was to slowly present an incremental increase to get close to being self-sufficient.
Commissioner Kaser requested that the slides be presented to the Commission ahead of time given that the Zoom presentation was too small to read. She noted the difference between raising revenue and covering costs, and with respect to the policing of even ts, she wanted to make sure that Richmond residents could still get together for a protest, ceremonies, or block parties, among others.
Ms. Lattell noted the delicate balance of making a little bit of money to help offset the free programming to allow the City to continue to provide the programs. She had done cost recovery calculations on every program offered and was very mindful of the impact to residents.
Commissioner Saini wanted to be able to utilize the Richmond Auditorium more efficiently and a sked about the occupancy of the auditorium.
A discussion developed on the protocols involved in the renting of the auditorium to ensure the safety,
5 security and maintenance of the facility.
In response to Commissioner Bana, Ms. Lattell detailed the fees that depended on the size of demonstrations, and the fees related to administrative work related to coordinating the events.
AD HOC COMMITTEE STATEMENTS
Urban Green Canopy Committee (Brendan/Catalin/Maryn)
Vice Chair Havenar-Daughton reported that the committee had met last week and had recommended a renaming to the Sustainability and Climate Responsiveness Committee to engage with and support the work to develop the Richmond Greenway in connection with the interest in offering an update to the Parks Master Plan. The Committee had been discussing ways to engage and support local community - based organizations doing work on the Greenway and interfacing with City staff with respect to the development of the Greenway. The Committee was also focused on tree planting, supporting the green canopy, and the best way to go about tree planting.
Willie Mays’ Day (Maryn/Eleanor/Joey)
Willie Mays Field Committee (Maryn/Eleanor/Joey)
Kiosk Concept Paper for a “Walk of Honor” Committee (Maryn/Eleanor/Joey) Commissioner Hurlbut referred first to the draft Kiosk Concept Paper for a “Walk of Honor” and stated the committee would meet to review the paper before making a presentation to the Commission. With respect to Willie Mays Day, she described the meeting with Willie Brown and Nat Bates in San Francisco to discuss a kick-off to get input from Willie Mays on what he would like the day to be. A concept paper had been written about Willie Mays Day for a life tribute for his many contributions on or around his birthday on May 6, 2022. She presented a list of those expected to participate in the event being called “Hands Across the Bay” to make it more of a national event , to include a wide range of participants including Charles Cavenes who had initially recommended the event.
Commissioner Hurlbut asked that a copy of all the screens just presented be submitted to the rest of the Commission for review. She reported that meetings would be set up in the next two weeks for both the Kiosk Concept and Willie Mays Day and how the kiosk might be incorporated as t he first kiosk prototype.
Associate Commissioner Committee (Maryn/Allison/Joey)
Commissioner Hurlbut stated that she had tried to reach out to the Mayor’s and City Manager’s office s to invite both to the next naming committee meeting to ask about the status of an approved concept that was supposed to have been submitted to the City Council.
Vice Chair Havenar-Daughton reported that LaShonda White had reached out to him about Y-PLAN, and she had expressed a w illingness to meet with anyone interested in that program . H e would meet with her to explore how the goals associated with the Associate Commissioner could blend with Y- PLAN.
Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets
There was no discussion.
6 DISCUSSIONS & ACTION ITEMS
a. Approve a request to rename the South 37 th Underpass to Juneteenth Freedom Underpass – Stephanie Ny
Chair Smith verified that Commissioners had reviewed the documentation involved and there were no questions with respect to those documents.
Motion by Commissioner Kaser to rename the South 37 th Street Underpass to Juneteenth Freedom Underpass, seconded by Commissioner Bana, and carried unanimously by a voice vote.
b. Coordinate an open conversation on how the city can support the native stewardship of Ookwe Park
i. Recreation and Parks Commission
ii. Sogorea Te’ Land Trust
iii. Arts and Culture Commission
iv. Planning Commission
Vice Chair Havenar-Daughton reported that he had touched base with the Sogorea Te’ Land Trust, which was interested in having a conversation . Given all those involved , he stated it made sense to defer the conversation to the third or fourth week in Januar y 2022 t o coordinate all those interested . Another update would be provided in January.
COMMISSIONER LIAISON REPORTS
There were no reports.
COMMISSIONER COMMENTS
Ms. Maharaj shared with the Commission that the Recreation Division has a token of appreciation which needed to be individually picked up by Commissioners. She said during non-COVID times, the Division would generally host a reception for the Commission. Commissioners were asked to coordinate the pick up of the token with Christine George, the Executive Secretary.
Commissioner Saini verified with the Chair that the final meeting of his Commission term after nine years would be the January 12, 2022 meeting.
Chair Smith advised that an event in Commissioner Saini’s honor would be scheduled in the near future.
AGENDA SETTING FOR NEXT MEETING AND FUTURE TOPICS
There was no discussion.
ADJOURNMENT
The meeting adjourned at 8:51 P.M.
Respectfully Submitted,
Anita L. Tucci-Smith
Minutes Clerk
March 1, 2022
Community Development
DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Hector Lopez, Senior Planner
Subject:
Appeal of the Planning Commission’s Conditional Approval of a Conditional Use Permit and Design Review for a Dollar Tree Store at 12300 San Pablo Avenue (PLN21-129)
FINANCIAL IMPACT: The proposed Dollar Tree Store is a retail outlet that would generate retail sales tax revenues. The estimated General Fund amount for the City is approximately $35,000 to
$40,000. Additionally, the project would generate a business license tax based on gross receipts.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
On January 18, 2022, Jim Hanson filed an appeal, on behalf of Richmond Heights Neighborhood Council (RHNC),
objecting to the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review (PLN21-
129) to operate and establish a Dollar Tree retail store greater than 3,000 square feet in size (10,000 sf proposed) within the CM-4, Commercial Mixed-Use, Gateway/Node
zoning district at 12300 San Pablo Avenue.
RECOMMENDED
ACTION:
ADOPT a resolution Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review to operate and establish a Dollar Tree retail store greater than 3,000 square feet in size (10,000 sf proposed) within the CM-4, Commercial Mixed- Use, Gateway/Node zoning district at 12300 San Pablo
Avenue – Community Development Department (Lina
Velasco 510-620-6706).
AGENDA
REPORT
March 1, 2022
DISCUSSION:
The applicants and owners, Kim Kevin and Jennifer Yu, request approval of a Conditional Use Permit and Design Review to operate and establish a retail store greater than 3,000 square feet (SF) in size (10,000 SF proposed) at 12300 San Pablo Avenue; applicants’ request for approval includes making building renovations and site improvements as illustrated in Exhibit A of Attachment 2 (collectively, the “Project”). On January 6, 2022, the Planning Commission conditionally approved the Project. On January 18, 2022, Jim Hanson filed an appeal on behalf of Richmond Heights Neighborhood Council (RHNC), which objected to the Planning Commission’s conditional approval of the Project.
The Project site involves two existing parcels that total 37,500 square feet, which are located at the northeast corner of Barrett and San Pablo Avenue(s). The subject property has an existing ±15,000 square-foot commercial building, which is located at the site’s southern portion with surface parking to the north. The site is zoned CM-4, Commercial Mixed-Use, Gateway/Node. Situated immediately to the east of the site is a low-density, single-family district; and situated to the west and south are a variety of commercial uses, including restaurants, retail stores, used auto dealerships, and personal services.
Zoning Compliance:
Pursuant to Zoning Ordinance Table 15.04.202.020, a retail facility greater than 3,000 SF (10,000 SF proposed) requires a Conditional Use Permit (CUP). The proposed Project complies with the applicable development standards of the CM-4, Commercial Mixed-Use, Gateway/Node (Section 15.04.202.020), including setbacks, parking, building height, and floor area ratio (FAR) as follows:
March 1, 2022
DEVELOPMENT STANDARDS
Site Features Existing Proposed Required Lot size: 37,500 SF (0.86-
acre) No change N/A
Building Height: 16-18 feet No change Up to 35 feet Floor Area Ratio
(FAR): 0.4 0.4 Up to 2.0
Setbacks:
Street
Frontages:
0 feet (Barrett Ave.
and San Pablo
Ave.)
No change
0 feet (Barrett Ave. and
San Pablo Ave.)
Side Yard:
20 feet (rear of
building abutting a
residential zone)
No change
Min. 5 feet when
abutting residential
zone.
Rear Yard: 150 feet No change
0 feet, but 10 feet when
abutting a residential
zone.
Number of Parking
Spaces Unknown
33 spaces
3 spaces per 1,000 sf
10,000 sf of retail = 33
parking spaces
Landscaping N/A
±6,400 SF (17%)
Parking Area
Trees: 8
10% of Lot
Area=3,750 SF
Parking Area Trees:
6 trees (1 per every
5 stalls)
Design Review Board Recommendation:
The Design Review Board (“Board” or “DRB”) first reviewed the Project on August 25, 2021, but continued the matter to allow applicants time to address the Board’s and the public’s design comments. After applicants revised the plans, they returned to the DRB on September 22, 2021, where the Board voted to recommend Design Review approval to the Planning Commission.
March 1, 2022
Conditional Use Permit:
On November 4, 2021, the Planning Commission held a public hearing to consider the Conditional Use Permit and Design Review for the proposed Project. During the hearing, some neighbors expressed opposition to the Project. Issues raised related primarily to the Project’s proximity to other Dollar Tree stores in the area but also included the retailer’s alleged unfair labor practices; discount store-associated crime; competition with small businesses; parking shortages in the area; vehicle delivery noise; and traffic congestion in the area.
After closing the public hearing, the Planning Commission continued the item and requested that City staff work with the applicants to draft additional conditions of approval to address comments raised during the public hearing with regard to: delivery truck noise; fencing between the residential neighbors and the proposed use; and other operations’ limitations (e.g., modified hours of operation and delivery vehicle times). The Planning Commission also encouraged the applicants to contact the abutting property neighbors regarding the loading zone and perimeter fencing.
On January 6, 2022, the Planning Commission heard the item again, whereby applicants made additional Project modifications resulting in a conditional approval.
Some of the applicants’ additional modifications included:
To further reduce potential noise impacting adjacent residential properties, applicants relocated the Project’s trash enclosure to the north-west portion of the site within the parking lot.
To avoid any conflicts with the turning radius during departure and arrival of distribution trucks, applicants adjusted the placement of the two ADA parking stalls. To further improve security, the Police Department (via review by Sergeant L.
Joseph) suggested applicants place either bollards or large planters at the Project store’s entrance; and mark the store’s front-entrance parking stall as loading zone only. Additionally, the applicants will install “No Loitering/No Soliciting” signs at the store’s entrance and will continue the discussion with the Police Department regarding additional security improvements prior to occupancy, including an on-site visit prior to the store’s opening.
Applicants reduced the sign-letter size from 30” to 28” letters for the San Pablo Avenue frontage.
In response to public comments and those Chair Tucker made regarding potential traffic impacts, City consultant Fehr & Peers peer-reviewed the traffic analysis originally prepared by the applicants’ consultant W-Trans. Fehr & Peers agreed with the findings and conclusions of W-Trans’ analysis.
After closing the public hearing, the Project was unanimously approved by the Planning Commission (see Resolution in Attachment 2).
March 1, 2022
APPEAL ACTION:
Pursuant to Section 15.04.803.140.E of the Zoning Ordinance, the City Council determines whether an underlying decision is supported by substantial evidence and/or constitutes an abuse of discretion. The same standards and evaluation criteria, including the findings required, apply as they were for the original application. The appellate body’s review is limited to the issue(s) raised in the petition for the appeal.
The City Council may affirm, modify, or reverse the original decision. When a decision is modified or reversed, the City Council must state the specific reasons for modification or reversal. The City Council may also choose to refer a matter back to the Planning Commission or Design Review Board for further consideration and a decision if significant new evidence is presented in conjunction with the appeal, which may include substantial changes to the original proposal.
BASIS OF APPEAL:
The appeal letter (Attachment 3) Jim Hanson submitted on behalf of the Richmond Heights Neighborhood Council (“Appellant” or “RHNC”) asserts that the Planning Commission’s conditions of approval inadequately mitigate potential adverse impacts of an intensive commercial use within a residential neighborhood and surrounding area, including:
1. Traffic safety measures inadequate at this location (including 800 or more vehicles exiting daily into a fast, I-80 on-ramp lane).
Staff’s Response:
The RHNC cited the incorrect traffic volume number for the Project. Applicants submitted a traffic memo prepared by W-Trans, a traffic engineering firm. As indicated in the memo, the proposed Project would generate an average of 604 net-new daily trips, including 14 new trips during the peak morning hours and 55 new trips during the peak evening hours. The Project would not generate more than 100 net-new peak-hour trips; Therefore, the Project does not meet the threshold criteria for a traffic impact analysis requirement under Contra Costa Transportation Authority.
During the Planning Commission hearing on November 4th, RHNC requested that an additional traffic consultant review the Project’s traffic impacts. Applicants agreed to pay for a City consultant to peer-review their analysis. The City contracted with its traffic consultant, Fehr & Peers, as described above. In its peer review, Fehr & Peers concluded that W-Trans’ methodologies were consistent with the City’s and with Contra Costa Transportation Authority’s. The peer review determined that the Project constitutes a local-serving retail and would therefore have a less-than-significant impact on traffic volumes.
Given the site’s proximity to San Pablo and Barrett Avenues, and the existing driveway’s relatively short distance from this intersection, City staff requested applicants submit a traffic analysis addressing potential safety hazards. According to W-Trans, the existing driveway provides the best location from a traffic-engineering perspective. The
March 1, 2022
Project’s driveway has more than adequate sight distances and proper spacing from Barrett Avenue. Exiting vehicles would be able to merge into a northbound through-lane without getting trapped in an I-80 right-turn-only lane. Trucks would be able to complete all maneuvers on-site to access the loading area and would not have to back out vehicles onto San Pablo Avenue. Lastly, traffic operation on the eastbound I-80 on- ramp at San Pablo Avenue is expected to remain relatively unchanged upon the addition of Project-added vehicle trips.
2. Left turn only upon exit also increases traffic on the adjacent neighborhood streets.
Staff’s Response:
The Project will have a “Right-Only” (Right Turn Only) sign at the exit (not a “Left Turn Only”). While the traffic consultants acknowledged there may be some cut through traffic on adjacent neighborhood streets due to the no-left turns on San Pablo Avenue; however, they noted the number would be insignificant.
3. Store closing hours incompatible with the residential setting (note: earlier closing hours are in place elsewhere along San Pablo Avenue).
Staff’s Response:
The Project’s 9:00 AM to 9:00 PM operating hours are consistent with other area businesses and are actually less than many other businesses along San Pablo Avenue, including those immediately adjacent to residential properties. Applicants submitted the following information regarding the hours of operations of surrounding businesses along San Pablo Avenue:
Tsing Tao Restaurant, 12372 San Pablo (9:30 PM closing on weekdays, 10:00 PM on weekends)
KFC, 12319 San Pablo Avenue (10:00 AM to 10:00 PM , 7 days per week) Wendy’s, 12201 San Pablo Avenue (6:30 AM to 1:00 AM , 7 days per week) Pizza House, 12343 San Pablo Avenue (10:00 AM to 10:00 PM, weekdays, 10:00 AM to 11:00 PM on weekends)
Grocery Outlet, 12010 San Pablo (8:00 AM to 9:00 PM , 7 days per week) Planet Fitness, 4925 Macdonald Avenue (24 hours Mon. through Thurs., Fri. 12:00 PM – 9:00 PM , Weekends 7:00 AM to 7:00 PM )
Zen Day Spa, 12230 San Pablo Avenue (9:30 AM to 9:30 PM, 7 days per week) Target, 4500 Macdonald Avenue (8 AM to 10:00 PM, 7 days per week)
The RHNC asserts that the proposed retail use is situated within a residential neighborhood; however, it should be noted that the proposed Project is located on a key corridor, San Pablo Avenue, as defined in the General Plan 2030. “Key corridors are commercial streets that provide local serving retail, multi-family housing, and other community uses within walking distance of residential neighborhoods. The type and character of development along these corridors promote activity along the street at all
March 1, 2022
times of the day.” The proposed Project helps realize the General Plan vision for the San Pablo Avenue corridor.
4. No time limit on delivery trucks, which means they can unload during the evening.
Staff’s Response:
The Project provides adequate protections to the adjacent residential property associated with delivery-truck noise. According to applicants, Dollar Tree does not use any mechanized or motorized equipment to unload the trucks; instead, the merchandise is placed on a gravity-fed rollers and then employees carry it by hand into the stockroom. Dollar Tree deliveries would occur one to two times per week depending on sales, with one time per week being the average.
Conditions of Approval have been crafted to minimize delivery impact on residential properties north of the loading zoning. These interventions include installing a new 8- foot-tall fence; adding a row of hedge species in front of the fence; adding acoustically absorbing material to the fence; and limiting the delivery hours as provided in Approved Conditions Nos. 13, 19, and 26 (see Conditions of Approval under Attachment 2).
5. Timely/specific/effective measures to control delivery dock and other noise (including sound-absorbing wall).
Staff’s Response:
Conditions of Approval have been crafted to minimize the impact of delivery on the residential properties north of the loading zoning. All Dollar Tree distribution truck deliveries shall arrive no earlier than 7:00 AM and no later than 9:00 PM.
6. Oversized, overwhelming signage despite 24-inch signs at adjacent commercial uses and area Dollar Tree stores.
Staff’s Response:
The proposed signage on San Pablo frontage is 28 inches high, with internally lit lettering. Proposed signage on Barrett Avenue has 30-inch-high letters. The proposed lettering’s dimensions are not significantly higher than those of surrounding signs, particularly for an arterial commercial property. In response to comments from the RHNC regarding the Barrett Street sign, Applicants and Dollar Tree agreed to move the Dollar Tree sign closer to San Pablo (left of transom windows) and to not light the sign internally.
7. Total parking lot lighting and sign brightness levels (i.e. lumens) for parking lot, etc. not available.
Staff’s Response:
Capital City Design Inc. prepared a photometric study, which was included in Design Review Board and Planning Commission meetings’ Staff Reports. The primary concern
March 1, 2022
raised was lighting spillover on residential properties, which reports have demonstrated would not occur.
The Planning Commission’s approval, as conditioned, will ensure that the Project will comply with the City’s zoning code requirements pertaining to lighting. Applicants will provide lumen calculations prior to construction to ensure compliance with City’s zoning code requirements.
In response to the appeal filed, Applicants submitted responses to the issues raised in the RHNC’s appeal (see letter in Attachment 4). On Thursday, February 17, 2021, an additional letter was submitted by the RHNC (Attachment 5) that outlines some potential modifications to conditions of approval that they believe would mitigate the issues raised in their appeal.
CONCLUSION:
The proposed Project complies with the CM-4, Commercial Mixed-Use, Gateway/Node and is consistent with the commercial land use designation under the General Plan. The Conditions of Approval, which the Planning Commission approved, address many of the concerns raised in the appeal. Applicants have been responsive incorporating several changes into the design and proposed retail operations to address a variety of issues raised by neighbors, including the RHNC. The CM-4 zoning district encourages and promotes local-serving retail businesses at key community nodes and gateways, such as the one at San Pablo and Barrett Avenues. Therefore, City staff recommends the City Council adopt Resolution (in Attachment 1) Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review to operate and establish a Dollar Tree retail store greater than 3,000 square feet in size (10,000 sf proposed) within the CM-4, Commercial Mixed-Use, Gateway/Node zoning district at 12300 San Pablo Avenue.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Denying the Appeal and Upholding the Planning Commission’s Conditional Approval
Attachment 2 – Planning Commission’s Resolution approving the Conditional Use Permit and Design Review
Attachment 3 – Appeal Letter from Jim Hanson on behalf of RHNC Attachment 4 – Applicants' Response to the Appeal
Attachment 5 – Additional Letter submitted by Jim Hanson, dated February 16, 2022
Attachment 1
1 of 2
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMON D DENYING THE APPEAL AND UPHOLDING T HE PLANNING COMMISSIO N’S CONDITIONAL APPROVAL
OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO OPERATE AND ESTABLISH A RETAIL STORE GREATER THAN 3,000 SQUARE FEET IN SIZE (10,000 SF PROPOSED), INCLUDING BUILDING RENOVATION S AND SITE IMPROVEMENTS WITHIN THE C M-4, COMMERCIAL MIXED -USE, GATEWAY /NODE AT 12300 SAN PABLO AVENUE (PLN21- 129).
WHEREAS, Kim Kevin and Jenni fer Yu (the “applicant”) request approval of a Conditional Use Permit and Design Review to operate and establish a retail store greater than 3,000 square feet (SF) in size (10,000 SF proposed), including making building renovations and site improvements . (“Project”) at 12300 San Pablo Avenue (APN: 5 19-200-018 and 519 -200- 013) (“subject site”) within CM-4, Commercial Mixed-Use, Gateway/Node; and
WHEREAS, on January 6, 2022 , at a publ ic hearing the Planning Commission reviewed the Project and voted to approve the Conditional Use Permit and D esign Review, subject to conditions to be incorporated in the attached plans ( see Project Plans ); and
WHEREAS, on January 18, 20 22, an appeal was file d by Jim Hanson on behalf of Richmond Heights Neigh borhood Council (RHNC), objecting to the Planning Commission approval of the Conditional Use Permit and Design Review (PLN21-129); and
WHEREAS, on March 1 , 202 2, the City C ouncil conducted a prop erly noticed public hearing pursuant to Californ ia Go vernment Code S ection 65090 and has duly considered all written and verbal testimony presented before or during th e hearing, including the staff report ; and
WHEREAS, the proposed project is categorically exempt under Section 15301 and 15332 of t he California Environmental Quality Act (CEQA) consisting of p rojects involving minor alterations to existing commercial structures and facilities that will not result in an increase in floor area and infill development projects of less than 5 acres surrounded by urban uses; and
NOW, THEREFORE, BE IT RESOLVED , on the b asis of the written appeal, plans, materials, agenda report, and testimony received at or before the public hearing, the City Council does hereby denies the appeal and affirms the Planning Commission’s conditional approval of the Conditional Use Permit and Design Review for the Project.
----------------------------------------------------------------------
I CERTIFY, that t he foregoing resolution was adopted by the City Co uncil of the City of Richmond, California, at a regular meeting held on March 1, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
Attachment 1
2 of 2
ABSENT:
_________________________
CITY CLERK
_____________________
Tom Butt
MAYOR
Approved as to form:
_____________________________
CITY ATTORNEY
Attachment 2
RESOLUTION NO. 21-21
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RICHMOND APPROVING
A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO OPERATE AND ESTABLISH A RETAIL STORE GREATER THAN 3,000 SQUARE FEET IN SIZE (10,000 SF PROPOSED), INCLUDING BUILDING RENOVATIONS AND SITE IMPROVEMENTS LOCATED AT 12300 SAN PABLO AVENUE (PLN21-129)
WHEREAS, Kim Kevin and Jennifer Yu (collectively the "applicant") request approval of a Conditional Use Permit and Design Review to operate and establish a retail store greater than 3,000 square feet in size, including building renovations and site improvements ("project") located at 12300 San Pablo Avenue (APN: 519-200-018 and 519-200-013) ("subject site"); and WHEREAS, the Conditional Use Permit and Design Review Permit are subject to the provisions of Section 15.04.806 and 15.04.805 of the Richmond Zoning Ordinance respectively; and
WHEREAS, the proposed project is categorically exempt under Section 15301 and 15332 of the California Environmental Quality Act (CEQA) consisting of projects involving minor alterations to existing commercial structures and facilities that will not result in an increase in floor area and infill development projects of less than 5 acres surrounded by urban uses; and WHEREAS, on August 25 and September 22, 2021, the Design Review Board held a public hearing and voted to recommend approval of the design of the proposed project to the Planning Commission; and
WHEREAS, the Planning Commission has reviewed the proposed project for conformance with the provisions of Section 15.04.806 and 15.04.805 of the Richmond Zoning Ordinance related to Conditional Use Permits and Design Review, respectively, as well as all other applicable regulations of the Richmond Municipal Code; and
WHEREAS, on November 4, December 2, 2021, and January 6, 2022, the Planning Commission conducted a properly noticed public hearing pursuant to California Government Code Section 65090 and duly considered all written and verbal testimony presented before or during the hearing, including the staff reports dated November 4, December 2, 2021, and January 6, 2022; and
WHEREAS, on the basis of the application, plans, materials, and testimony received at or before the public hearing, the Planning Commission makes the following findings with statements of fact in support of the findings required by Section 15.04.806.040 of the Richmond Zoning Ordinance for approval of a Conditional Use Permit:
1. The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site.
January 6, 2022 1 of 8 Resolution No. 21-21Page 1080 of 1169 Statement of Fact: Criterion Satisfied. The proposed project complies with all applicable development standards for the Medium-lntensity Mixed-Use General Plan designation of the subject property. This land use classification is intended to enable local-serving retail uses as proposed by the applicant. The project is also consistent with the General Plan Land Use Goal LU-A and Land Use Policy LU-1 as the proposed project will result in an improved urban environment and will provide local-serving commercial activities near residential areas.
2. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not be adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
Statement of Fact: Criterion Satisfied. The proposed use is compatible with and will not infringe upon the character of the surrounding neighborhood. The project includes conditions of approval that will further enhance the appearance of the property. The project complies with the development standards of the CM-4, Commercial Mixed-Use District, including setbacks, floor area ratio, and parking requirements. It will complement the existing array of land uses in the area and the project as designed incorporates measures to reduce any potential adverse impacts to the surrounding area. The conditions of approval further ensure the operations are compatible with surrounding uses. The proposal will fulfill an important need to enhance commercial activity on a property and existing commercial building that has been vacant for several years.
3. The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions.
Statement of Fact: Criterion Satisfied. The subject site is located in the CM-4, Commercial Mixed Use (Community Nodes and Gateways) Zoning District, and the proposed retail store is conditionally allowed in this district to ensure operations are compatible with surrounding uses.
Given that conditions of approval will be incorporated, the proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions.
4. The proposed use complies with all applicable provisions of Article XV.
Statement of Fact: Criterion Satisfied. The proposed project complies with all applicable provisions of Article XV. The zoning district of the site, CM-4, Commercial Mixed Use (Community Nodes and Gateways) enables local-sen/ing retail uses as proposed by the applicant with approval of a Conditional Use Permit. All applicable development standards, such as parking, setbacks, building height, floor area ratio (FAR), landscaping are met.
5. The site of the proposed use is adequately served by highways, streets, and other public service facilities and services.
Statement of Fact: Criterion Satisfied. The subject site is located in an urbanized area with adequate street and highway access and public service facilities, including utilities.
January 6, 2022 2 of 8 Resolution No.21-21Page 1081 of 1169 WHEREAS, on the basis of the application, plans, materials, and testimony received at or before the public hearing, the Planning Commission makes the following findings with supporting statements of fact required by Section 15.04.805.050 of the Richmond Zoning Ordinance for approval of a Design Review application, regarding the project's consistency with:
A. The General Plan and any applicable specific plans;
Staff Statement: Criterion Satisfied. The proposed project complies with all applicable development standards for the Medium-lntensity Mixed-Use General Plan designation of the subject property. This land use classification is intended to enable local-serving retail uses as proposed by the applicant. The project is also consistent with the General Plan Land Use Goal LU-A and Land Use Policy LU-1 as the proposed project will result in an improved urban environment and will provide local-serving commercial activities near residential areas.
B. Any applicable design guidelines;
Staff Statement: Criterion Satisfied. There are no applicable design guidelines in this neighborhood.
C. Any approved tentative map, Use Permit, Variance, or other planning or zoning approval that the project required; and
Staff Statement: Criterion Conditionally Satisfied. The project requires a Conditional Use Permit, which must be approved by the Planning Commission. The proposed conditions of approval will ensure the operations are compatible with surrounding uses. D. The design review criteria in Section 15.04.805.040.
The project must satisfy these criteria to the extent they apply.Criteria Met? A. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.
YesNo a
B. The project design evidences a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale and heights of neighboring buildings and how they relate to the street.
YesNo D
C. The project's design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.
YesNo a
D. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
YesNo a
E. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.
YesNo a
F. Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage.
YesNo a
January 6,20223 of 8Resolution No. 21-21 Page 1082 of 1169 Staff Statement (A to C, and F): Criterion Satisfied. In context of the surrounding area, the proposed development would enhance the integrity and aesthetic quality of the area. Overall, the project updates the appearance of an existing commercial property that has been vacant for several years. The proposed design modifications and landscaping will be harmonious with the site and surrounding properties.
Staff Statement (D and E): Criterion Conditionally Satisfied. Condition of approval No.3 will ensure lighting and lighting fixtures are designed to avoid creating glare. The proposed building design supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit and Design Review (PLN21-129), subject to the following conditions of approval:
1. Development is to be constructed in compliance with the Project Plans in Exhibit C, attached, submitted to and dated December 28, 2021, by the Planning Department. Any modifications shall be reviewed by the Zoning Administrator who shall determine whether the modification requires additional approval.
2. All Design Review conditions of approval shall be printed on the informational page of the final construction plans submitted for building permits, along with annotations by the applicant of where the conditions have been met on the drawings. All conditions of approval shall be on all grading and construction plans, which shall be kept on the project site at all times. It is the responsibility of the building developer to ensure that the project contractor and construction crew is aware of and adheres to all conditions of approval.
3. Lighting installed throughout the site shall consist of pedestrian-friendly lighting at a height that is human scale. Lighting shall also be consistent with International Dark-Sky Association guidelines and include any shielding necessary to limit the amount of light spill over to residential areas. Prior to issuance of any building permit, the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct light is confined to the property and is satisfactory to the Zoning Administrator or his/her designee. Fixtures shall be appropriate to the style and scale of the architecture. The top of the fixture shall not exceed the height of the parapet or roof or eave of roof. No lights shall be greater than 3,OOOK LED and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof. All parking lot fixtures and, on the building, shall be shielded and directed downward so that no light trespasses onto adjacent residential properties, including, if needed, by also using bollard lights and other lower or directed lighting fixture. Total lumens shall be provided on plan sheet E. 10.
4. Failure to abide and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Planning Commission.
January 6, 2022 4 of 8 Resolution No. 21-21Page 1083 of 1169 5, Planning Commission approval shall expire two years from the date of final approval, unless made permanent by the issuance of building permits and the commencement of construction. If the use(s) or structure(s) approved by this action is not established within such period of time, this approval shall be terminated and shall, thereafter, be null and void, unless the applicant or owner applies for an extension of time prior to expiration of the Planning Commission approval. Extensions of time may be approved by the Zoning Administrator.
6. The applicant agrees, on behalf of himself, his successor in interest and assigns, to defend, indemnify, and hold harmless the City, its Council, Planning Commission, Design Review Board, advisory boards, officers, employees, consultants and agents (hereinafter "City") from any claim, action or proceeding (hereinafter "Proceeding") brought against the City to attack, set aside, void or annul the City's actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to the California Environmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to acts or omissions in any way connected to the applicant's project, but excluding any approvals governed by California Government Code Section 66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney's fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant or City. If applicant is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City.
7. The applicant shall obtain an encroachment permit from the City of Richmond Public Services/Engineering Department for all work within the public right-of-way. All curb, gutter, and sidewalk replacement shall conform to City of Richmond standards. Should any infrastructure be damaged or destroyed as a result of the construction of the project, the applicant shall be responsible for returning the infrastructure to an acceptable condition as determined by the City of Richmond Public Works Director.
8. Any relocation of existing improvements or public utilities shall be accomplished under the direction of the City or impacted utility company's requirement at no expense to the City or utility company.
9. No green stripe shall be located on the East Elevation of the building facing McLaughlin Street.
10. The Dollar Tree Sign proposed on Barrett Avenue shall be located closer to the comer at San Pablo Avenue as shown on the plans dated December 28, 2021 and shall not be internally illuminated.
January 6, 2022 5 of 8 Resolution No. 21-21Page 1084 of 1169
11. Applicant to plant one additional street tree on Barrett Avenue, between existing street trees and San Pablo Avenue. The tree species shall be Tristania trees, which match the existing street trees along San Pablo Avenue and the southside of Barrett Avenue.
12. The window film shall be designed to be consistent with the style depicted in the attachment showing-Works Progress Administration era art and reflecting Richmond's history, which was prepared by a local artist. The window film shall include color and shall be opaque enough to hide the shelving units that are inside the store in front of the windows. Final design of the window film shall be subject to approval by the Community Development Director prior to issuance of certificates of occupancy (Exhibit A).
13. Hedge species shall be either Pittosporum or Potocarpus planting spaced to form hedge or screen buffer to the neighboring properties located to the north.
14. All trees in the parking area shall be 36-inch box in lieu of 24-inch.
15. All trees in the rear of the property (east) shall be:
• One row of 15-gallon trees to match street trees.
• One row of 15-gallon evergreen trees adjacent to the building in middle of 10-foot setback.
16. Guard railing on the second exit shall be more of a residential scale per Exhibit B.
17. The parking lot shall provide bicycle racks.
18. A right turn only sign shall be installed at the driveway exit on San Pablo Avenue.
19. All deliveries by Dollar Tree distribution trucks to the store shall arrive no earlier than 7:00 a.m. and no later than 9:00 p.m. Dollar Tree distribution trucks shall turn off engines during unloading.
20. The store hours shall be between 9:00 a.m. to 9:00 p.m., with seasonal adjustments allowed for the holidays.
21. All sales operations related to the store shall be conducted wholly inside the building located on the premises. All doors shall remain closed during operations to minimize any noise impacts on the abutting residential neighborhood.
22. The parking area and the sidewalks shall be kept clean, including removal of litter and graffiti. The applicant shall provide for parking lot sweeping twice a month. The applicant shall post at all building exits and entrances "No Loitering" signs jn lettering two inches or larger, in English and in Spanish. Additionally, the applicant shall post such signs on all sides of the building. Landscaping and existing trees on and adjacent to the property shall be maintained in a healthy and attractive condition.
January 6, 2022 6 of 8 Resolution No.21-21Page 1085 of 1169
23. The exterior of the premise, including those adjacent to public sidewalks, shall be illuminated during all hours of darkness when the premises are open for business.
Illumination shall be shielded to prevent light spill and glare to adjoining properties.
24. Pursuant to Section 15.04.803.130 of the Richmond Zoning Ordinance, this Conditional Use Permit may be revoked after the required notice and hearing, if the exercise of rights granted by the Conditional Use Permit ceases to exist or has been voluntarily suspended for one (1) year or more. The use may not be resumed if the Conditional Use Permit is revoked unless a new application for Conditional Use Permit is submitted and approved by the Planning Commission.
25. The applicant shall construct a new 8-foot-tall wooden construction fence along the rear of the parking lot where the parking lot abuts residential properties to provide residences with additional privacy and security. Applicant shall coordinate construction of new fencing with adjacent neighbors.
26. The applicant shall construct a new 8-foot-tall wooden construction fence along the loading zone, with landscaping hedge along the fence as provided in Condition 13, as shown in the Project Plans dated December 28, 2021. An acoustic absorbent material shall be installed along the portion of this loading zone fence opposite to the loading dock to further reduce potential noise.
27. As shown in the attached plans dated December 28, 2021, the trash enclosure shall be located in the north-west portion of the parking lot. The City shall request that Republic Services, in consultation with Applicant and Dollar Tree, schedule refuse pick-up at the Project site to occur after 9:00 a.m. to avoid noise to neighboring residences and avoid conflicts with delivery times.
28. The Applicant and Dollar Tree shall consult with the Richmond Crime Prevention Manager to complete a site visit for a CPTED review prior to issuance of certificates of occupancy.
As shown on the Project Plans dated December 28, 2021, either large planters or bollards shall be constructed at the main entrance to the building and the parking stall in front of the entrance shall be marked as loading only.
29. Applicant shall work with the City to install a local traffic only sign at San Pablo and Roosevelt Avenue, subject to review and approval by the Director of Public Works.
Installation of the sign shall be pursued diligently but shall not be a condition of obtaining the certificate of occupancy for the use.
30. A hedge of Viburnam tinus 'Spring Bouquet' Shrubs (6' tail x 5' wide) shall be provided between the sidewalk and the trash enclosure to provide additional screening.
31. As provided in the Project Plans dated December 28, 2021, the signage lettering on the San Pablo building frontage shall not exceed 28" in height.
January 6, 2022 7 of 8 Resolution No. 21-21Page 1086 of 1169 I CERTIFY, that the foregoing resolution was adopted by the Planning Commission of the City of Richmond, California, at a regular meeting held on January 6, 2022.
AYES:
NOES:
Chair Tucker, Commissioners Agarwal, Harrison, Soofani, and Brubaker ABSTENTIONS:
ABSENT: Commissioners Huang and Lay
DAVID TUCKER
CHAIR, RICHMOND PLANNING COMMISSION
Approved as to form:
JAMES ATENCIO
SENIOR ASSISTANT CITY ATTORNEY
Exhibit A: Schematic for Condition of Approval No. 12
Exhibit B: Schematicfor Condition of Approval No. 16
Exhibit C: Project Plans
January 6,20228 of 8Resolution No. 21-21
David A Tucker Page 1087 of 1169
Exhibit A
ExhibitB
Exhibit B
CONDITION OF APPROVAL NolG
STEEL POST/RAIL AND METAL MESH
GUARDRAIL
EXIT STAIR
PROVIDE LANDSCAPING SPACE
BETWEEN PIT AND SIDEWALK ,_ §
-t_._._L^_@n
^ ^ iA-1 ^ '^T-
R^ynond^Dqj^r Tree V< ^ | ^Jjg
'12300 Son P<
SAFE
GUMBALL
LOCKER
TABLE
LEER MODEL 75
ICE
MERCHANDISER
HUS - 2 DOORHUS - 5 DOORHUS - 5 DOOR
COOLERFREEZERFREEZER
FREEZER
14'-5" x 7'-9"
IMPERIAL
BROWN
COOLER
FE
30"
FE
1'-6"2'-0" 1'-6"
2300HP BALER - VENDOR
SUPPLIED AND INSTALLED
36"36"
24" X 72"24" X 72"
100.00'
100.00'
200.00'
100.00'
150.00'150.00'
100.00'
150.00'150.00'
25.00'
125.00'
NOTE:
BUILDING FOOTPRINT
REMAINS THE SAME
NEW DOUBLE LOADING DOCK DOORS
IN LOCATION OF EXISTING ROLL-UP DOOR
NEW TRASH ENCLOSURE
SEE SHEET A2.3
3' SIDE SETBACK
5' SIDE SETBACK
0' FRONT SETBACK
0' FRONT SETBACK
0' FRONT SETBACK
10' REAR SETBACK
RL-2 ZONE
CM-3 ZONE
APN 519-200-013-0
CM-4 ZONE
APN 519-200-018-9 CM-3 ZONE
CM-3 ZONE
RM-2 ZONE
NEW EXIT & EGRESS
PATH TO SIDEWALK
DRAIN
AREA OF REFUGE X2
UP
9'-0"
5'-0" 4'-0"
2'-6"4'-0"5'-0"
2'-10"
2'-10"(5) RISERS @ 6-3/4"
(4) TREADS @ 11"
0'-0"
PROVIDE SIGNAGE
AND 2-WAY VOICE
COMMUNICATION
SYSTEM
AREA OF REFUGE
OPTION
2'-5"
0'-0"
24'-0"
NEW ACCESSIBLE RAMP
PER CURRENT CODE
5'-0"
UP
DEMO & REBUILD WEST WALL & WEST
ENDS OF NORTH & SOUTH WALLS
DEMO MEZZANINE
DEMO & REBUILD
ROOF IN THIS AREA
SAN PABLO AVE.
BARRETT AVE.
(E) AUTOMOBILE
SERVICE AREA
(E) OFFICES
(E) SHOWROOM
(P) DOLLAR TREE
SALES AREA
(P) DOLLAR TREE
STOCK ROOM
LOTS TO BE USED
TOGETHER FOR FUTURE
DOLLAR TREE STORE
AND ITS PARKING LOT
NEIGHBORING LOT
SAME OWNER
NO WORK
100.00'
NEW TRAFFIC CONTROL SIGN
"RIGHT TURN ONLY"
REMOVE DRIVEWAY AND
REBUILD SIDEWALK ALONG
SOUTH SIDE OF BUILDING.
REMOVE
FENCE
REMOVE
FENCE
PROVIDE SCORE JOINT PATTERN
IN SIDEWALK WHICH INCORPORATES
VAULT AND METER LIDS
PROVIDE DARKER COLORED CONCRETE W/ LIGHT
WASH-OFF WITHIN PUBLIC WORKS GUIDELINES
FOR SIDEWALK REPAIR AT CORNER
NEW 8' CEDAR FENCES
HEDGE BUFFER
(SEE LANDSCAPE)
NEW ELECTRICAL ROOM
11'-0"
4'-5"
NEW 8' CEDAR FENCES
SITE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT03/11/21
5 ISSUE DATE:
SCALE:
PLOT SCALE:
DRAWN BY:
SHEET NUMBER:
12/28/21
AS NOTED
1:1
H20015 PROJECT NUMBER:
STAMP & SIGNATURE
NOT FOR
CONSTRUCTION
PURPOSES
12300 SAN PABLO AVE.
RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053
Phone: (503) 396-8353
e-mail: [email protected]
10/19/21REVISIONS PER AND
SINCE DRB APPROVAL
H. Weston Drumheller
APN: 519200013 & 519200018
6 12/16/21REVISIONS PER AND
SINCE DRB APPROVAL
Site Plan & Existing Parking Lot1
NORTH 1" = 20'A1.0
COVER SHEET, SITE/FLOOR PLAN
Project Data
PROJECT DESCRIPTION:
CONDITIONAL USE PERMIT FOR FUTURE DOLLAR TREE STORE.
SCOPE OF WORK:
)8785( TENANT IMPROVEMENT WILL INCLUDE...
REORGANIZATION OF PARKING LOT WITH LIGHTING
ADDITION OF TRASH ENCLOSURE
DEMOLITION OF INTERIOR MEZZANINE
DEMOLITION OF A PORTION OF THE ROOF AND WEST WALLS
REPLACING ROOF AND WEST WALL TO PROVIDE STRUCTURAL STABILITY
REMODEL OF BUILDING INTERIOR FOR DOLLAR TREE STORE
REDESIGN OF RAMP ON NORTH SIDE AT FRONT OF STORE
ADDITION OF SECOND MEANS OF EGRESS AT EAST ELEVATION
PROJECT ADDRESS:
12300 SAN PABLO AVE, RICHMOND, CALIFORNIA 97053
APN: 519-200-018-9
ZONE: CM-4
GENERAL PLAN DESIGNATION:
EXISTING USE: AUTO/VEHICLE SALES SERVICES
PROPOSED USE: GENERAL RETAIL, SMALL SCALE
AREAS:
EXISTING GROUND FLOOR (NO PROPOSED CHANGE): 13,383 S.F.
EXISTING MEZZANINE (T0 BE REMOVED): 1,656 S.F.
HEIGHT:
EXISTING BUILDING HEIGHT:18'-3"
LOT COVERAGE:
EXISTING:91.3%
PROPOSED:73.1%
PARKING:
ESTIMATED PER TABLE 15.04.607.040
RETAIL 60,000 S.F. OR LESS: 3 PER 1,000 GROSS S.F. = 41 SPACES MINIMUM REQUIRED, 33% LESS THAN ESTIMATED = 28
PROPOSED SPACES TO BE PROVIDED: 30
BICYCLE PARKING:
RETAIL SALES, SHORT TERM CLASS 2 SPACES: 1 PER 5,000 S.F. = 3 RETAIL SALES, LONG TERM CLASS 1 SPACES: 1 PER 5,000 S.F. = 3 PROPOSED BICYCLE PARKING TO BE PROVIDED: 6
OWNER:
JK KIM LLC.
569 HIGH ST., OAKLAND, CALIFORNIA 94601
(510)418-3584
BUILDER:
B.DAVIS, INC.
1441-A TERMINAL AVE., SAN JOSE, CALIFORNIA 95112
(408) 436-4800
BUILDING DEPARTMENT:
CITY OF RICHMOND, PLANNING DIVISION
450 CIVIC CENTER PLAZA, RICHMOND, CA 94804
(510)620-6706
Sheet Index
A1.0 COVER SHEET, SITE / FLOOR PLAN
A1.2 PROPOSED DOLLAR TREE FLOOR PLAN
A1.3 PROPOSED DOLLAR TREE ROOF PLAN
A2.1 EXISTING ELEVATIONS
A2.2 PROPOSED ELEVATIONS
A2.3 TRASH ENCLOSURE, EGRESS
A3.0 CONCEPTUAL RENDERINGS - COLORS
C2.1 SITE PLAN
L1.00 IRRIGATION NOTES & SCHEDULES
L1.01 IRRIGATION PLAN
L1.02 IRRIGATION DETAILS
L1.03 IRRIGATION DETAILS
L2.00 PLANTING NOTES & SCHEDULES
L2.01 PLANTING PLAN & LEGEND
L2.02 PLANTING SCHEDULE, NOTES & DETAILS
L3.0 PLANTING SPECIFICATIONS
L3.1 IRRIGATION SPECIFICATIONS
E0.1 SYMBOLS, NOTES, FIXTURE SCHEDULE
E1.0 SITE PLAN - PHOTOMETRIC
TOPOGRAPHIC MAP
Vicinity Map
N.T.S.2NORTH
5 5
5 5
6 6
6 6
Exhibit C
$%&'
73'-7"24'-9"24'-0"24'-10"
188'-2"22'-9"22'-8"22'-9"22'-8"19'-11"22'-10"26'-1"28'-6"
SAFEGUMBALL
LOCKER
TABLE
SEASONALANDPROMOTIONAL20' SEASONALANDPROMOTIONAL20' SEASONALANDPROMOTIONAL20' SEASONALANDPROMOTIONAL20' 7'-0"LEER MODEL 75ICEMERCHANDISER
DECK HEIGHT:12'-1" (LOW)SQUARE FOOTAGESTOTAL SPACE LEASED:NON-SALES AREA:USABLE STOCKROOM:SFSFSF SALES AREACEILING HEIGHTCITY:SHOPPING CENTER:GENERAL INFORMATION:STATE:(SALES AREA):SALES FLOOR AREA:SFUSABLE SALES FLOORSPRINKLERED:
DOLLAR TREE
NO13,3822,50018.7 %1,2479.3 %TBDRICHMOND (SAN PABLO)F/SCA10,88210,101 HUS - 2 DOORHUS - 5 DOORHUS - 5 DOORCOOLERFREEZERFREEZER 32'-0"153'-2"3'-6"3'-6"3'-6"3'-6"10'-0"
FREEZER14'-5" x 7'-9"IMPERIALBROWNCOOLERFE
69'-9"
61'-10"7'-712"6'-0"
FE1'-6"2'-0"1'-6"2300HP BALER - VENDORSUPPLIED AND INSTALLED 36"36"
24" X 72"24" X 72"
UP
SALES AREASTOCK ROOM
RESTROOMS
(N) ELEC. SVC.
ELECTRICALROOM
CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
Proposed Dollar Tree Floor Plan1NORTH1/8" = 1'A1.2DOLLAR TREE FLOOR PLAN5
$%&'
73'-7"24'-9"24'-0"24'-10"
188'-2"22'-9"22'-8"22'-9"22'-8"19'-11"22'-10"26'-1"28'-6" (;,67,1*6.</,*+76725(0$,17<3
1(:+9$&522)72381,76:,7+(48,30(176&5((161(:+9$&522)72381,76:,7+(48,30(176&5((16 45'-0"
14'-3"
3257,212)522)72%(/2:(5('72/(9(/2)5(0$,1,1*522)25'-6" 31'-7"
$//&$3$1'522))/$6+,1*9,6,%/()520675((772%(+($9<*$8*(:%877-2,176$1'%$&.,1*3/$7(6 CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
Proposed Dollar Tree Roof Plan1NORTH1/8" = 1'A1.3DOLLAR TREE ROOF PLAN
$%&'73'-7"24'-9"24'-0"24'-10"
52',521*$7(
5$03'2:1)520),1)/22572*5$'(3(5,0(7(5/,*+7,1*
(;,67,1*3$,17('678&&2
(;,67,1*6725()5217*/$=,1*3529,'(23$48(),/0'$6+('/,1(,1',&$7(6),1,6+)/225
188'-2"22'-9"22'-8"22'-9"22'-8"19'-11"22'-10"26'-1"28'-6"(;,67,1*3$,17('678&&2(;,67,1*3$,17('0$6215< (;,67,1*3$,17('0$6215< (;,67,1*3$,17/,1(
6&833(56&833(56&833(5(;,67,1*6&833(50(7$/6/,',1**$7(
:;
+52(;,67,1**/$=,1*
52',521*$7(
5$03'2:1)520),1)/22572*5$'(
%(<21''$6+('/,1(,1',&$7(6),1,6+)/225(;,67,1*9(57,&$/&21&5(7(&85%5(029(:(/'6+87(;,67,1*$/*/6725()5217'225(;,67,1*52+0(*5(66'22572%(,1),//(':&08 '&%$73'-7"24'-9"24'-0"24'-10"(;,67,1*3$,17('0$6215<
188'-2"28'-6"26'-1"22'-10"19'-11"22'-8"22'-9"22'-8"22'-9"(;,67,1**/$=,1*(;,67,1*3$,17('0$6215< (;,67,1*3$,17('0$6215<(;,67,1*3$,17('678&&2(;,67,1**/$=,1*3529,'(23$48(),/0$7/2:(5:,1'2:
(;,67,1*6725()5217*/$=,1*3529,'(23$48(),/0(;,67,1*52+0'22572%(,1),//(':&08 (;,67,1*52//83'22572%(,1),//(':&08
(;,67,1*6725()5217*/$=,1*3529,'(23$48(),/0 (;,67,1*52//83'22572%(5(3/$&('%<
'(/,9(5<'2256(;,67,1*52//83'22572%(5(3/$&('%<1(:6725()5217(175<6<67(0 (;,67,1*3$,17('678&&2
CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
11/8" = 1'-0"A2.1EXISTING ELEVATIONSExisting South Elevation41/8" = 1'-0" Existing North Elevation
Existing West Elevation31/8" = 1'-0"Existing East Elevation21/8" = 1'-0"
73'-7" $%&'73'-7"24'-9"24'-0"24'-10"
52',521*$7(
5$03'2:1)520),1)/22572*5$'(
188'-2"22'-9"22'-8"22'-9"22'-8"19'-11"22'-10"26'-1"28'-6"(;,67,1*3$,17('0$6215<12&+$1*((;,67,1*3$,17('0$6215<6&833(56&833(56&833(5(;,67,1*6&833(5(;,67,1**/$=,1*
(
52',521*$7('$6+('/,1(,1',&$7(6),1,6+)/225(;,67,1*9(57,&$/&21&5(7(&85% '&%$ 24'-9"24'-0"24'-10"(;,67,1*3$,17('0$6215<
188'-2"28'-6"26'-1"22'-10"19'-11"22'-8"22'-9"22'-8"22'-9"(;,67,1**/$=,1*(;,67,1*3$,17('0$6215< (;,67,1*3$,17('0$6215<12&+$1*((;,67,1**/$=,1*3529,'(23$48(),/0$7/2:(5:,1'2:
1(:
'(/,9(5<'22565(029((;,67,1*52//83'225$1'3529,'(1(:6725()5217(175<6<67(0 1(:(*5(66'225//723529,'(/(9(//$1',1*:,7+67$,5672(;,67,1*6,'(:$/. //725(029((;,67,1*52//83'225'772,1),//(;7(5,25:$// (;,67,1*3$,17('678&&276'-1"'(02/,6+522)%(<21',17+,6$5($1(:522)720$7&+/2:(5522)/(9(/ 5(3/$&(
(
5$03:1(:$&&(66,%/(5$037252:
0$;,0806/23(
5(3/$&((;,67,1*678&&2:$//$%29(*/$=,1*3$,17720$7&+(;,67,1* '$6+('/,1(,1',&$7(6),1,6+)/22523$48(),/0$7/2:(5:,1'2:6 )8785(:,1'2:*5$3+,&'(6,*172%('(9(/23('%<7(1$17$1'$*5(('8321%<'(6,*1%2$5'
5(3/$&((;,67,1*6725()5217*/$=,1*$1'678&&2:$//:1(:3$,17678&&2720$7&+(;,67,1* 5(3/$&((;,67,1*6725()5217*/$=,1*$1'678&&2:$//:1(:3$,17678&&2720$7&+(;,67,1* $5($2)1(:7(1$176,*1$*(3529,'('%<9(1'25
5(029((;,67,1*7(1$176,*1$*('7726833/<1(:6,*1,16$0(/2&$7,21 //725(029((;,67,1*52//83'225'772,1),//(;7(5,25:$//$5($2)1(:7(1$176,*1$*(3529,'('%<9(1'25 (;,67,1*52+0(*5(66'22572%(,1),//(':&08 (;,67,1*52+0'22572%(,1),//(':&08
//725(029((;,67,1*6/,',1*'225'772,1),//(;7(5,25:$//3(56758&785$/ //725(029((;,67,1*:,1'2:6'772,1),//(;7(5,25:$//3(56758&785$///725(029((;,67,1*:,1'2:6'772,1),//(;7(5,25:$//3(56758&785$/ 5(3/$&((;,67,1*:1(:6725()52176<67(02/'&$67/(%8,/',1*(19(/23()*&/($5$12',=('127( 3529,'(*22'48$/,7<)/$6+,1*7+$70$7&+(66725()5217)5$0(,167$//('&/($1/<$1'352)(66,21$//<:,7+$5(*8/$55+<7+02))$67(1(56 1(:&$3)/$6+,1*7+528*+2877<3
1(:578
6:(48,36&5((11(:578
6:(48,36&5((1$//&$3$1'522))/$6+,1*9,6,%/()520675((772%(32:'(5&2$7('121&25526,9(+($9<*$8*(0(7$/:%877-2,176$1'%$&.,1*3/$7(6 6/$7()$&,1*81'(5:,1'2:6$7%$6(
8'-0"2'-11"5'-414"*8$5'5$,/6:5(&7$1*8/$5723&$3$1'*5,'3$,17%/$&. 1(:(/(&75,&$/5220'225
CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
Proposed North Elevation11/8" = 1'-0"A2.2PROPOSED ELEVATIONSProposed South Elevation41/8" = 1'-0" Proposed West Elevation31/8" = 1'-0"Proposed East Elevation21/8" = 1'-0" 3 3
NOTE:ILLUMINATED 'DOLLAR TREE' SIGNS ARE ONAUTOMATIC TIMERS, TURN ON 1/2 HOUR BEFOREOPENING AND OFF 1/2 HOUR AFTER CLOSE 4 5
5 5
5
8"10"
9'-6"
6'-0"8"1'-0"O.H.TYP.
6" BOLLARDS6" TUBE STEEL JAMB6" CMU WALL TYP.8" X 8" CURB 1'-6"8"2'-2"8"8"4" X 4" DOWNSPOUT
712"2'6'1-1/2" CORR. METAL "B" DECKPER STRUCUTURAL6" CMU TYP.4" STEEL TUBE6" BOLLARDSCORR. MTL.DOORS PERSTRUCTURALPAINTSAND-STONEPAINTVIRTUALTAUPE4X6 STEEL TUBE DRAINAREA OF REFUGE X2UP9'-0"5'-0"4'-0"2'-6"4'-0"5'-0"2'-10"2'-10"(5) RISERS @ 6-3/4"(4) TREADS @ 11" 0'-0"
PROVIDE SIGNAGEAND 2-WAY VOICECOMMUNICATIONSYSTEM2'-5"0'-0" 1(:(*5(66'225//723529,'(/(9(//$1',1*:,7+67$,5672(;,67,1*6,'(:$/.*8$5'5$,/6:5(&7$1*8/$5723&$3$1'*5,'3$,17%/$&. 5(3/$&(
(
5$03:1(:$&&(66,%/(5$037252:
0$;,0806/23(125.00'24'-0"5'-0"UP
1 1/2"MIN.1X4X1/8 STEEL TUBEGUARD RAIL TOP CAP1X1/8 STEEL BARFRAME1"Ø STEEL PIPEHAND RAIL1/2" STEEL RODBRACKETS1/8"Ø 4" WELDEDWIRE MESH SCREEN2X2X1/8 STEEL TUBEPOST5X5X1/4 STEEL PLATEBASEWELDED CONNECTIONS TYP.PAINT W/ HIGH GLOSS EXTERIOR GRADEENAMEL PAINT, BLACK CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
Proposed Trash Enclosure Plan11/4" = 1'-0"A2.3TRASH ENCLOSURE & EGRESSProposed Trash Enclosure Elevations21/4" = 1'-0"SOUTHEASTNORTHWEST Proposed East Egress Plan31/4" = 1'-0"
Proposed East Egress Elevation41/4" = 1'-0"
Proposed North Acc. Ramp Plan51/4" = 1'-0"
Proposed North Acc. Ramp Elevation61/4" = 1'-0"Proposed East Egress Railing Detail73" = 1'-0"5 5 6666
CONDITIONAL USE PERMITCONDITIONAL USE PERMIT03/11/215
ISSUE DATE:SCALE:PLOT SCALE:DRAWN BY:SHEET NUMBER:12/28/21AS NOTED1:1H20015PROJECT NUMBER:
STAMP & SIGNATURE
NOT FORCONSTRUCTIONPURPOSES12300 SAN PABLO AVE.RICHMOND, CALIFORNIA
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053Phone: (503) 396-8353e-mail: [email protected] 10/19/21REVISIONS PER ANDSINCE DRB APPROVAL
H. Weston DrumhellerAPN: 519200013 & 519200018
612/16/21REVISIONS PER ANDSINCE DRB APPROVAL
Color Samples1-A3.0RENDERINGS - COLORS
Conceptual Renderings2No ScaleEntry
SW Corner
5 6
building fascia
Led illumination
1” deep plywood
backing
12 volt ul approv.
power supply (w/
disconnect switch)
12 volt wiring
trimcap
Led P/C Logo/Letter Mount Detail
polycarbonate
face
5” aluminum
return #12x4" tek screw
(min. 4 per letter)
pressure treated
wood blocking
120 v. to bldg
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 1 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign A: 89.8 sq.ft.
36" Dollar Tree
Sign A1: 16 sq.ft.
48" logo
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code Building North Elevation (front view / faces parking lot) ELECTRICAL REQUIREMENTS: (j-boxes located @ center of sign) 36" DT: 5 amps (x5 power supplies w/ (1) 120 volt 20 amp circuit req'd) ELECTRICAL REQUIREMENTS:
(j-boxes located @ center of sign)
48” Logo: 1 amps (x1 power supplies w/
(1) 120 volt 20 amp circuit req'd)
vivid
green
kelly
green
Vivid Green 3M 3630-156
Kelly Green 3M 3630-146
black 3M 3630-12 (opaque)
white translucent
Bronze (pre-finished)
Returns/Trimcap clear solar grade polycarbonate face
with 2nd surface decoration.
digital printed colors; vivid green,
kelly green, black & white.
5” deep bronze returns with 1” bronze trimcap. ul approved green Led illumination.
5” deep bronze return w/ 1” bronze trimcap.
ul approved white Led illumination.
Note: interior of letters returns/backs pnt’d MAP matte white. interior of logo returns/backs painted
MAP matte white.
clear solar grade polycarbonate letter faces
with 2nd surface decoration. vivid green #156 with white diffuser.
Note: vivid green & white diffuser pre-applied by 3M. (item # VTL 19222 48” roll).
Sign A: Led Illum. P/C Sign
Scale 1/4”=1’-0”
Sign A1:
Led Illum. P/C Logo
Scale 1/4”=1’-0”
36"x222”= 55.5 sq.ft.
4’x4’= 16 sq.ft.
36"x137.3”= 34.3 sq.ft.
36”
36”
11’-5 5/16”7’ 12”
18’-6”
eq. eq.
48”
eq.
eq.
48”
12’
18’-6”
36”
36”
18’
tot.: 89.8 sq.ft.
3-13-21 bam
8-31-21 bam
10-15-21 bam
10-18-21 bam
12-9-21 bam
see next 2 pages for bldg awning details
installer to properly caulk and seal canopy to prevent leaks. installer to drill drain holes at back corners of canopy to allow drainage
188’-2” frontage
8”
AWNING ELEVATION
3'-0"
8"
24 1/2"
6"
SPLIT FACE CONCRETE
BLOCK WALL
TOP ANCHOR:
1/2”Ø x 5 1/2” GALV. ST’L
3 3/4” EMBEDDED. ITW RED
HEAD TRUBOLT + WEDGE
ANCHOR, ICC-ESR #4058, TYP.
METAL AWNING,
SEE DETAIL ALUM. PLATE
SEE DETAIL-A
TIE BACK CLIP,
SEE DETAIL
2”x2”x1/8” ALUM. SQ. TUBE
HANGER ARM
CHANNEL FOR
HANGER ARM
O.C.
3/8”Ø x 3”
THRU BOLT,
TYP.
AWNING SECTION - CONCRETE WALL
Scale: 3/4” = 1’-0”
BOTTOM ANCHOR:
1/2”Ø x 5 1/2” GALV. ST’L
3 3/4” EMBEDDED. ITW RED
HEAD TRUBOLT + WEDGE
ANCHOR, ICC-ESR #4058, TYP.
FRONT ELEVATION
Scale: 1” = 1’-0”
3/8” alum. plate
w/ hanger clip,
see plate detail-1
3/8” alum. plate support
see plate detail-2
Bottom of Metal Awning
8”
6 3/8” 1’-5 5/8”
AWNING SECTION - LAG BOLTS
Scale: 1” = 1’-0”
METAL AWNING
8”
3’-0”
10 1/2”
2”x1/8” alum. sq. tube
hanger arm
3/8” alum. plate
w/ hanger clip,
see plate detail-1
3/8” alum. plate support
see plate detail-2
exterior wall material
wood panel sheeting
metal studs
2”x8” wood block by G.C.
prior installation of awning
Ø 1/2” lag bolts
3” min. penetrate
into wood blocking
Ø 1/2” lag bolts
5” min. penetrate
into wood blocking
1’-5 5/8”
2’-0”
8”
8”
O.C.
8”
O.C.
installer to properly caulk and seal canopy to prevent leaks. installer to drill drain holes at back corners of canopy to allow drainage
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 2 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign A: 89.8 sq.ft.
36" Dollar Tree
Sign A1: 16 sq.ft.
48" logo
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code 8-31-21 bam
00-00-00
12’+-
SUPPORT PLATE DETAIL-2
Scale: 3” = 1’-0”
3/8” ALUM. PLATE
1/8”
TYP.
HANGER ARM PLATE DETAIL-1
Scale: 1 1/2” = 1’-0”
3/8” ALUM. PLATE
6”
1’-0”
8” O.C.2” 2”
2”x2”x1/8” sq. tube
Ø 5/8” holes for
1/2” lag bolts
3”
5.166"
1 1/2” 1 1/2”
9 1/2”
Ø 5/8” holes
9 1/2”
1/8”
TYP.
1 1/2”
O.C.
4”
8”
4.8130"
1”
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 3 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign A: 89.8 sq.ft.
36" Dollar Tree
Sign A1: 16 sq.ft.
48" logo
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code 8-31-21 bam
00-00-00
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 4 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
3-13-21 bam
00-00-00
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code building fascia
Led illumination
1” deep plywood
backing
12 volt ul approv.
power supply (w/
disconnect switch)
12 volt wiring
trimcap
Led P/C Letter Mount Detail
polycarbonate
face
5” aluminum
return #12x4" tek screw
(min. 4 per letter)
pressure treated
wood blocking
120 v. to bldg
Building South Elevation (rear view - faces barrett ave) 5” deep bronze returns with 1” bronze trimcap. ul approved green Led illumination.
Note: interior of letters returns/backs pnt’d MAP matte white. clear solar grade polycarbonate letter faces
with 2nd surface decoration. vivid green #156 with white diffuser.
Note: vivid green & white diffuser pre-applied by 3M. (item # VTL 19222 48” roll). eq.eq.
30”
30”
18’
188’ frontage
Sign B: 62.3 sq.ft.
30" Dollar Tree
ELECTRICAL REQUIREMENTS: (j-boxes located @ center of sign) 30" DT: 5 amps (x5 power supplies w/ (1) 120 volt 20 amp circuit req'd) Sign B: Led Illum. P/C Sign
Scale 3/8”=1’-0”
30"x185”= 38.5 sq.ft.
30"x114 1/2”= 23.8 sq.ft.
30”
30”
9’-6 1/2” (114 1/2”)70” 10”
15’-5” (185”)
15’-5”
tot.: 62.3 sq.ft.
Vivid Green 3M 3630-156
Bronze (pre-finished) Returns/Trimcap
10-15-21 bam
10-18-21 bam
12-9-21 bam
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 5 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
3-10-21 bam
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code Building West Elevation (faces san pablo ave)
5” deep bronze returns with 1” bronze trimcap. ul approved green Led illumination.
Note: interior of letters returns/backs pnt’d MAP matte white. clear solar grade polycarbonate letter faces
with 2nd surface decoration. vivid green #156 with white diffuser.
Note: vivid green & white diffuser pre-applied by 3M. (item # VTL 19222 48” roll). 73’-7” frontage
Vivid Green 3M 3630-156
Bronze (pre-finished) Returns/Trimcap
28”
eq.
eq.
building fascia
Led illumination
1” deep plywood
backing
12 volt ul approv.
power supply (w/
disconnect switch)
12 volt wiring
trimcap
Led P/C Letter Mount Detail
polycarbonate
face
5” aluminum
return #12x4" tek screw
(min. 4 per letter)
pressure treated
wood blocking
120 v. to bldg
Sign C: 58.7 sq.ft.
28" Dollar Tree
3-11-21bam
3-13-21 bam
4-14-21 bam
10-15-21 bam
18’
10-18-21 bam
12-9-21 bam
Sign C:
Led Illuminated Pan Channel Sign
28"x302”= 58.7 sq.ft.
28”
173”
25’-2”
25’-2”
108”
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 6 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign D: 000 sq.ft.
reface 10”+- p/c copy - d/f
reface 24”+- logo - d/f
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
3-12-21 bam
3-16-21 bam
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code 6’+-
45”+-
12”+-
24”+-
10”+-
9”+-
10”+-
Photo Elevation (reface/mnmnt sign)
PROPOSED
EXISTING
remove & junk existing logo
Photo Elevation (wide view) Photo Elevation (OPPOSING SIDE)
PROPOSED
install of signage - by U.S.S.
Sign D:
Existing D/F Monument Sign
(reface to new signage)
new signage to be Led illuminated pan-channel constr.
field check req’d for exact sign measurements
above to have:
5” deep bronze returns with 1” bronze trimcap.
ul approved white Led illumination.
Note:
interior of logo/letter returns/backs pnt’d MAP matte white.
Copy Spec’s:
clear solar grade polycarbonate with 2nd surface decoration. white with white diffuser.
sign bkgd
Led
illumination
12 volt ul approv.
power supply (w/
disconnect switch)
12 volt wiring
trimcap
Led P/C Letter Mount Detail
poly-
carbonate
face
5” alum.
return
mount screws
(per field check)
120 v. to j-box
86”+-
4-14-21 bam
8-31-21 bam
9-2-21 bam
Logo:
clear solar grade polycarbonate face w/ 2nd surface decoration. digital printed colors; vivid green, kelly green, black & white.
Note:
letters + logo provided by U.S.S.
removal of existing signage & painting of structure - by landlord providing electrical to sign - by landlord
E
SALESPERSON: DAVID RANDOLPH
DRAWN BY: BAM
PAGE 7 OF 7
Copyright 2000 Johnson Sign Systems This artwork/design is sole property of Johnson Sign Systems & cannot be reproduced without written permission of Johnson Sign Systems.
DOLLAR TREE-
richmond
san pablo
wall: 1 sq.ft. of sign for 1 ft.
of frontage
Sign D: 000 sq.ft.
00" Dollar Tree
Sign C: 000 sq.ft.
00" Dollar Tree
JOB #: 20728 DEAL #0000
CLIENT: DOLLAR TREE
CONTACT:
DATE: 3-2-21
PROJECT LOCATION:
ALGREENS 12331 SC
12300 SAN PABLO AVE
RICHMOND, CA 94805DE SIG N M A N U FA CTU R IN G IN STA L L ATION M A IN TE N A N CE 5201 Pentecost Dr.
Modesto, Ca. 95356
1-800-481-SIGN
FAX (209) 543-1326C.S.C.L. # 718965
LANDLORD APPROVAL DATE
CLIENT APPROVAL DATE
SCALE:
FILE NAME:
REVISIONS:
00-00-00
NOTED
120 Volt
277 Volt
Other
one box above
MUST be checked
prior to any mfg.
See Drawing for Specifications
1) This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign. 2) The location of the disconnect switch after installation shall comply with the Srtical 600.6 (A)(1) of the National Electrical Code A
A1
BC
D
Dollar T
ree
SITE PLAN
D
W
IG
H
T D
. E
IS
N
H
O
W
E
R H
W
Y
B A R R E T T A V E
M
cL
A
U
G
H
L
IN S
T.
B A R R E T T AV E
S
A
N P
A
B
L
O
A
V
E
80 north
4-14-21 bam
© Copyright 2018 QUADRIGA landscape architecture & planning, inc.Issuances & RevisionsKey Plan/Consultant Stamp StampRichmond Dollar TreeParking Lot Landscape Design 12300 San Pablo AveRichmond, CA 94805 DescriptionNo.Date
Project Number:Date:Scale:
QUADRIGAlandscape architecture and planning, inc.SACRAMENTO | SANTA ROSA916.441.2129 | www.quadriga-inc.com 21-265610/20/20211"=10'-0"Irrigation Notes &Schedule
1.The Landscape Contractor shall inspect the site and verify conditions and dimensions priorto construction.2.Install irrigation system in accordance with all local codes and ordinances.3.See details and specifications for procedures, material and installation requirements.4.Prior to cutting into soil, locate all cables, conduits, sewers, and other utilities orarchitectural features that are commonly encountered underground and take properprecautions not to damage or disturb such improvements. Any damage made during theinstallation of the irrigation system of the aforementioned items shall be repaired and/orreplaced to the satisfaction of the Owner at the Contractor's own expense.4.Contractor to minimize disturbance to existing tree roots on site. Cut minor roots (less than2" in diameter) of trees indicated to remain in a clean and careful manner where suchroots obstruct installation of new construction. If any roots greater than 2" are encounteredstop work and contact the Owner's representative immediately.5.The irrigation design is diagrammatic. All piping, valves, etc., shown within paved areasare for design clarification only and shall be installed in planting areas. Main and valvesshall be installed in shrub/ground cover areas only. Avoid conflicts with utilities, newplanting, new site or architectural elements.7.All valves shall be placed in Carson 1419B-12B, or equal, green valve box. All valve boxesshall be located in groundcover areas whenever possible, and shall be bolted.8.Station operation times shall not exceed the soil's infiltration rate as determined by the soilsreport.9.All lateral end runs shall be 3/4" size unless otherwise noted.10.Where pipe sizes have been omitted or there is a conflict, refer to the lateral pipe sizingchart for sizes.11.Install one spare common and two spare control wires from each controller in acontinuous loop through each valve box connected to that controller for future use.12.Contractor shall coordinate sleeving for irrigation piping with Paving Contractor prior topaving installation. It is the contractor's responsibility for providing appropriate sleevingunder hardscape. At each mainline sleeve, provide a separate, appropriate-size sleeve forcontrol/common wiring.13.The landscape Contractor shall coordinate his work with other trades involved (I.E.Grading, Plumbing and Electrical Contractors).14.The irrigation systems are designed to operate at 50 psi at point of connection to domesticwater supply. Landscape Contractor shall test pressure at point of connection prior toinstallation of the irrigation backflow prevention device, or any other irrigation equipment.Notify Landscape Architect immediately if pressure is below 50 psi or over 50 psi todetermine needed pressure regulation devices. (i.e. boost pump or regulating valve.)
IRRIGATION NOTES
No. 82700'3800'5200'6700'No. 14No. 12No. 10No. 14No. 12No. 8No. 101700'2000'2400'2700'3300'4800'Control/Common WireCONTROL WIRE SIZING GUIDEPVCHEADER SIZE1"3/4"1/2"HEADER TYPEZONE FLOW8-13 GPM 5-8 GPM 0-5 GPMPVCPVCDRIP SUPPLY/EXHAUSTHEADER SIZING GUIDE SCH. 40 PVCPIPE SIZE2"1-1/2"1-1/4"1"3/4"PIPE CLASSCIRCUIT GPM13-22 GPM31-50 GPM23-30 GPM 9-12 GPM 0-8 GPM2-1/2"51-70 GPM3"71-110 GPMSCH. 40 PVCSCH. 40 PVCSCH. 40 PVCSCH. 40 PVCSCH. 40 PVCSCH. 40 PVCLATERAL SIZING GUIDE
MWELO CALCULATIONSIRRIGATION SCHEDULEHYDROZONE SUMMARY
L1.00
System Operating Flow & PressureMaximum flow: 20 GPMStatic Design Pressure: 50 psi*Normal Operating Pressure: 25 psi*Design pressure is contingent upon verification ofstatic pressure available on-site. Contractor shallperform a pressure test upon award of contract andnotify landscape architect if pressure is below 50 psidownstream of the water meter and backflowpreventer.STATEMENT OF COMPLIANCEI have complied with the criteria of the ordinance and appliedthem accordingly for the efficient use of water in the irrigationdesign plan.PREPARRER: John SuesensPREPARRER SIGNATURE: ______________________________________PROFESSIONAL LICENSE: PLA CA #5344 SYMBOLMANUFACTURER/MODELQTYPSIGPMDETAILRain Bird RWS-B-C 1401. Two per tree.44 250.252/L1.03SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYDETAILRain Bird XCZ-100-PRB-COM 3 6/L1.02Wide Flow Drip Control Kit for CommercialApplications. 1" Ball Valve with 1" PESB Valve and1" Pressure Regulating 40psi Quick-Check BasketFilter. 0.3gpm to 20gpm.Area to Receive DriplineNetafim TLCV-06-18 6,257 s.f.8/L1.02Techline Pressure Compensating LandscapeDripline with Check Valve. 0.6 GPH emitters at18" O.C. Dripline laterals spaced at 18" apart,with emitters offset for triangular pattern. 17mm.Install with flush valves (not shown) permanufacturer`s instructions at the low points ofeach circuit.SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYDETAILRain Bird PEB 2 5/L1.021", 1-1/2", 2" Plastic Industrial Valves. Low FlowOperating Capability, Globe Configuration.Buckner-Superior 3100 1"1 4/L1.03Normally Open Brass Master Valve that ProvidesDirty Water Protection. Available in 3/4", 1",1-1/4", 1-1/2", 2", 2-1/2" and 3".Zurn 975XL 1"1 3/L1.03Reduced Pressure Backflow deviceRain Bird ESP4ME3 with (1) ESP-SM3 1 1/L1.027 Station, Hybrid Modular Outdoor Controller. ForResidential or Light Commercial Use. Install withLNK WiFi Module for automatic weatheradjustments of the system. Install with MetalPedestal Enclosure.Rain Bird MJ100B 1 4/L1.031" Brass Flow Sensor for the ESP-ME3.Point of Connection 1-1/4" 1 Irrigation Lateral Line: PVC Schedule 40 1,121 l.f.2/L1.02Irrigation Mainline: PVC Schedule 40 511.3 l.f.2/L1.02Pipe Sleeve: PVC Schedule 40 76.9 l.f.2/L1.02Size For Laterals: 4" diameterSize for Mainline: 6" diameter
MVBFCFS
Valve NumberValve SizeValve FlowValve Callout###"
IRRIGATION SCHEDULE
FE
30"
36"36"FE
36"36"36"36"36"
36"36"
24" X 72"24" X 72"
6OHHYHW\S
6OHHYHW\S
0DLQOLQH
0DLQOLQH0DLQOLQH)6%)09&$
$
$
$$
0DLQOLQH&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
,UULJDWLRQ3ODQ1RWHV
7KHLUULJDWLRQGHVLJQLVGLDJUDPPDWLF$OOSLSLQJYDOYHVHWFVKRZQZLWKLQSDYHGDUHDVDUHIRUGHVLJQFODULILFDWLRQRQO\DQGVKDOOEHLQVWDOOHGLQSODQWLQJDUHDV1RHOERZVRUHOOVPD\EHSODFHGXQGHUSDYLQJWKHVHDUHWREHORFDWHGLQSODQWLQJDUHDVRQO\¬0DLQOLQHDQGYDOYHVVKDOOEHLQVWDOOHGLQVKUXEJURXQGFRYHUDUHDVZKHUHSRVVLEOH$YRLGFRQIOLFWVZLWKXWLOLWLHVQHZSODQWLQJQHZVLWHRUDUFKLWHFWXUDOHOHPHQWV ,UULJDWLRQ&RQWUROOHU1RWH
&RQWUDFWRUWRSURYLGHQHZYSRZHUWRQHZLUULJDWLRQFRQWUROOHU&RQILUPSUHFLVHORFDWLRQRIFRQWUROOHUZLWK2ZQHU ,UULJDWLRQ32&1RWH
&RQQHFWQHZLUULJDWLRQPDLQOLQHWRH[LVWLQJZDWHUOLQHIURPEXLOGLQJ&RQILUPSUHFLVHORFDWLRQIRUFRQQHFWLRQZLWK2ZQHUXSRQDZDUGRIFRQWUDFW3URYLGHVHSDUDWHLUULJDWLRQZDWHUPHWHUDVUHTXLUHGE\WKH&LW\ /6&$/(
,UULJDWLRQ%DFNIORZ'HYLFH1RWH
/RFDWHLQSODQWLQJDUHDDZD\IURPWUHHV&RRUGLQDWHSUHFLVHORFDWLRQLQILHOGZLWK2ZQHU
&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
,UULJDWLRQ'HWDLOV/)*0,1&21752//(5$1'3('(67$/127726&$/( 3HGHVWDO(QFORVXUHVHHOHJHQGIRUPRGHO&RQWUROOHUVHHOHJHQGIRUPRGHO2QRII'LVFRQQHFW6ZLWFKZLWKYROWJURXQGHGRXWOHW DURXQGIDXOWFLUFXLWLQWHUUXSWHUYROW(OHFWULFDO6HUYLFHLQ5LJLG&RQGXLW6OHHYHWR3RZHU6RXUFH&RPPXQLFDWLRQ&DEOHLQ&RQGXLWWR)ORZ6HQVH*URXQG:LUHLQ&RQGXLWWR(DUWKJURXQGURGVHH*URXQGLQJGHWDLO/RZYROWDJHFRQWUROZLUHVLQ'LD39&6&+ORQJ6ZHHS(//WKLFN 0LQ
&RQFUHWH%DVHH[WHQGEH\RQGRXWVLGHGLPHQVLRQVRIHQFORVXUHZLWKVORSHIRUGUDLQDJH6HW%ROWVLQ&RQFUHWH%DVH3&25,& )*7UHQFKLQJLQ3ODQWLQJ$UHDV7UHQFKLQJ8QGHU9HKLFXODU3DYLQJ1RWH ,QVWDOOWUDFHUWDSHLQWUHQFKHVDERYHPDLQOLQHDQGFRQWUROZLUHV6DQGEDFNILOOUHTXLUHGLQWUHQFKHVZLWKURFN\WHUUDLQDQGXQGHUSDYHPHQW3LSHVKDOOKDYHD PLQ
EHGGLQJRIXQGHUDQGRYHURIVDQG6QDNHDOOSLSHLQWUHQFKHVWRDOORZIRUH[SDQVLRQDQGFRQWUDFWLRQ0DLQOLQH W\S
6DOYDJHGH[FDYDWHGILOOFRPSDFWHGWRRULJLQDOGHQVLW\
W\S
&RPPXQLFDWLRQFDEOHLQVFKFRQGXLW
LIVSHFLILHG
,9ZLULQJ
W\S
/DWHUDO
W\S
3,3($1'75(1&+,1*127726&$/(
3DYLQJ7UDFHUWDSH
VHHQRWH
6DQG/DWHUDOOLQHLQVFKFRQGXLW0DLQOLQHLQVFKFRQGXLW&RPPXQLFDWLRQFDEOHVFKFRQGXLWDQG,9ZLULQJLQVFKFRQGXLW3&25,&
1RWHV
$OOSLSHDQGILWWLQJVWREHVFK39&VHHSODQIRUORFDWLRQ6OHHYHVWREHODUJHHQRXJKWRDFFHSWWKHSLSHDQGILWWLQJVWREHHQFDVHG3URYLGHDVHSDUDWHVOHHYHIRUHDFKODWHUDORUPDLQFURVVLQJ3URYLGHDVHSDUDWHVOHHYHIRUFRQWUROZLUH7DSHDOOHQGVZLWKGXFWWDSHWRSUHYHQWHQWU\RIVRLO6HFWLRQ'HSWKSHUVSHFV[VWDNH ORQJZLWKWRS
SDLQWHGEOXH/RFDWHDWHDFKHQGRIVOHHYH5HPRYHVWDNHVZKHQSLSLQJLVLQVWDOOHG6OHHYH3DYLQJ 6/((9('(7$,/127726&$/(3&25,&
1RWHV
&HQWHUER[HVRYHUYDOYHV6HWER[HVLQJURXQGFRYHUVKUXEDUHDZKHUHSRVVLEOH6HWER[HVSDUDOOHOWRHDFKRWKHUDQGSHUSHQGLFXODUWRHGJHRIKDUGVFDSH9DOYHER[VKDOOEH3DQWRQHIRUUHFODLPHGZDWHU 3ODQ9LHZ3ODQWLQJ$UHD
9$/9(%2;'(7$,/127726&$/(
5RXQGYDOYHER[5HFWDQJXODUYDOYHER[W\S(GJHRIODZQZDONIHQFHFXUEHWF3&25,& )ORZ)*1RWH
(DFK5&9WRUHFHLYHDSHUPDQHQWPHWDOWDJZLWKFRQWUROOHUDQGVWDWLRQQXPEHU%DOOYDOYH6FKIHPDOHDGDSWHUZLWK6FKQLSSOH5HFWDQJXODUYDOYHER[ZLWKORFNLQJFRYHU5HPRWHFRQWUROYDOYH([SDQVLRQFRLODQGZDWHUSURRIFRQQHFWRU6SHFLILHGPXOFKOHYHOZLWKWRSRIYDOYHER[/DQGVFDSHILOWHUIDEULF6FK39&8QLRQ&RPPRQEULFNSHUFRUQHU'UDLQURFNGHSWK PLQ
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
H[WHQGEH\RQGSHULPHWHURIER[([LVWLQJVXEJUDGH6FKQLSSOH3&25,& 127(
/RFDWHIOXVKLQJEDOOYDOYHVDVVKRZQRQWHFKOLQHFYOD\RXWGHWDLOVDQGDWORZSRLQWVDVUHT GE\PDQXIDFWXUHU)*
7(&+/,1()/86+9$/9(127726&$/(
URXQGYDOYHER[SHUVSHFLILFDWLRQV39&EDOOYDOYHZLWKKDQGOHIRUPDQXDOIOXVKLQJRIGULSOLQHV0XOFKSHUVSHFV/DQGVFDSHILOWHUIDEULF6&+39& W\S
([LVWLQJVXEJUDGH&RPPRQEULFN
UHT
G
GLDPHWHUJUDYHOVXPS
FXELFIRRW
6&+39&
HOO
W\S
39&H[KDXVWKHDGHURU7HFKOLQH&9ODWHUDOSHUGHWDLOZLWKILWWLQJVDVUHTXLUHG3&25,& )*0LQ
7(&+/,1(67$57&211(&7,21127726&$/(
0XOFKSHUVSHFV7HFKOLQH7HHRU(OODVUHTXLUHG7HFKOLQH'ULS/LQH$PHQGHG3ODQWLQJ6RLOSHUVSHFLILFDWLRQV7HFKOLQH%ODQN7XELQJ7HFKOLQH0DOH$GDSWHU39&7HH 6;6;7
RU39&(OO
6;7
DVUHTXLUHG39&([KDXVWRU6XSSO\KHDGHU3&25,&
)*127(
,QVWDOOWHFKOLQHWXELQJEHORZILQLVKJUDGHVWDSOHLQSODFHSHUOD\RXWGHWDLOWKHQEDFNILOOZLWKDPHQGHGSODQWLQJVRLOSHUSODQWLQJVSHFLILFDWLRQVSHUSODQ 7(&+/,1(68%*5$'(,167$//$7,21127726&$/(
0XOFKSHUVSHFLILFDWLRQV$PHQGHGSODQWLQJVRLOSHUVSHFLILFDWLRQV7HFKOLQHODWHUDOWXELQJSHUSODQ3HULPHWHUODWHUDOVIURPHGJHRISODQWLQJDUHDW\S([LVWLQJVXEJUDGH3&25,&
127(6
$IIL[DOOOLQHVWRJURXQGXVLQJVRLOVWDSOHVHYHU\
IURPGULSYDOYH7HFKOLQHFYHPLWWHUVDUHSUHVVXUHFRPSHQVDWLQJDQGKDYHFKHFNYDOYHV6HHOHJHQGIRUHPLWWHUDQGURZVSDFLQJ,QVWDOOFKHFNYDOYHVRQVXSSO\DQGH[KDXVWKHDGHUVZKHUHHOHYDWLRQPHHWVH[FHHGV DVQHHGHGWRSUHYHQWORZKHDGGUDLQDJH(4(4)9)OXVKLQJEDOOYDOYHW\S39&H[KDXVWKHDGHUW\SVL]HVDPHDVVXSSO\KHDG7HFKOLQHODWHUDOWXELQJSHUSODQSHULPHWHUODWHUDOVIURPHGJHRISODQWLQJDUHDW\S'ULSUHPRWHFRQWUROYDOYHSHUSODQ39&VXSSO\KHDGHUVL]HSHUSODQ6WDUWFRQQHFWLRQW\S6WDJJHUHPLWWHUVW\S)97(&+/,1(/,1($5/$<287127726&$/( //3&25,&
127(6
$IIL[DOOOLQHVWRJURXQGXVLQJVRLOVWDSOHVDSSUR[LPDWHO\HYHU\ IURPGULSYDOYH'RQRWH[FHHGPDQXIDFWXUHU
VUHFRPPHQGHGPD[LPXPOHQJWKRIDVLQJOHODWHUDOVHHFKDUW6HHOHJHQGIRUHPLWWHUDQGURZVSDFLQJ,QVWDOOFKHFNYDOYHVRQVXSSO\KHDGHUVZKHUHHOHYDWLRQPHHWVH[FHHGV DQGDVQHHGHGWRSUHYHQWORZKHDGGUDLQDJH
)9)9)97(&+/,1(,6/$1'/$<287127726&$/(
'ULS5HPRWH&RQWURO9DOYHSHUSODQLQFHQWHUIHHGOD\RXW)OXVK9DOYH3OXPEHGWR7HFKOLQHW\SDWHDFKLVODQG39&6XSSO\+HDGHUW\SVL]HSHUSODQ7HFKOLQH&97XELQJW\S3HULPHWHU/DWHUDOVIURPHGJHRISODQWLQJDUHDW\S6WDJJHU(PLWWHUV39&6XSSO\+HDGHUW\SVL]HSHUSODQ&KHFN9DOYHSHUQRWHW\S6WDUW&RQQHFWLRQW\S39&([KDXVW+HDGHUW\SVL]HVDPHDVVXSSO\KHDGHU// 3&25,&/$<287)25,55(*8/$5$5($675,$1*8/$5127726&$/(1RWHV $IIL[DOOOLQHVWRJURXQGXVLQJVRLOVWDSOHVHYHU\
IURPGULSYDOYH7HFKOLQH&9HPLWWHUVDUHSUHVVXUHFRPSHQVDWLQJDQGKDYHFKHFNYDOYHV6HHOHJHQGIRUHPLWWHUDQGURZVSDFLQJ,QVWDOOFKHFNYDOYHVRQVXSSO\DQGH[KDXVWKHDGHUVZKHUHHOHYDWLRQPHHWVH[FHHGV DVQHHGHGWRSUHYHQWORZKHDGGUDLQDJH
)9)OXVKLQJEDOOYDOYHW\S39&([KDXVWKHDGHUW\S6L]HVDPHDVVXSSO\KHDGHU6WDUWFRQQHFWLRQW\S7HFKOLQHODWHUDOWXELQJSHUSODQSHULPHWHUODWHUDOVIURPHGJHRISODQWLQJDUHDW\S7HFKOLQH7((W\S6WDJJHUHPLWWHUVW\S39&VXSSO\KHDGHUVL]HSHUSODQ'ULSUHPRWHFRQWUROYDOYHSHUSODQ //
3&25,&
&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
,UULJDWLRQ'HWDLOV/)*)*7RSRIJUDWHOHYHOZLWKILQLVKHGJUDGHDWWXUILIDSSOLFDEOH/RFNLQJ*UDWH%XEEOHUSHULUULJDWLRQOHJHQG6SHFLILHGPXOFKOHYHOZLWKWRSRIJUDWHDWSODQWLQJDUHD&KHFNYDOYH39&VFKQLSSOH GHJUHHHOERZ6ZLQJSLSHVZLQJDVVHPEO\0DOH137,QOHW39&VFK7((RU(///DWHUDOSLSH%DVNHWZHDYHFDQLVWHU'((3:$7(5,1*75((%8%%/(5127726&$/(3&25,&(4(4[5RRWEDOO '((3:$7(5,1*75((%8%%/(5/$<287127726&$/(
:DWHULQJ%DVLQ'HHS:DWHULQJ%XEEOHUV
WZRSHUWUHH
+LJKEHDP5RRWEDOO7UHHWUXQN
UHIHUWR7UHH3ODQWLQJ'HWDLOV/3&25,&
)ORZ7RV\VWHP)*127(6
(TXLSPHQWWREHLQVWDOOHGPLQIURPDQ\VWUXFWXUHRUKDUGVFDSH$OOSLSLQJDQGILWWLQJVWREHDVSHUVWDWHDQGORFDOUHTXLUHPHQWV&RQWUDFWRULVWRSURYLGHDIURVWSURWHFWLRQEODQNHWZLWKH\HKRRNSDGORFNVHFXULQJV\VWHP0,10,1:<(ILOWHU%DFNIORZSUHYHQWHU'RXEOHVKXWRIIYDOYHV%UDVVQLSSOH W\S
%UDVV
HOO
W\S
%UDVVRUDVSHUORFDOFRGHV%UDVVXQLRQFRQFUHWHVODEOHYHO ZKHUHUHTXLUHG
&ODVV,,DJJUHJDWHEDVHFRPSDFWHG
PLQ6XEJUDGHFRPSDFWHG
PLQQLSSOHPLQ%$&.)/2:35(9(17(5$66(0%/<127726&$/( %DFNIORZSUHYHQWHUHQFORVXUHW\SHDQGPRGHOSHUVSHFV
3&25,&
)*1RWH
&RQQHFWPDVWHUYDOYHWRWKHODVWVWDWLRQLQWKHFRQWUROOHU5RXWHIORZVHQVRUFDEOHLQ39&FRQGXLWIURPIORZVHQVRUWRFRQWUROOHUHQFORVXUH)ORZ0LQOHQJWK [SLSHGLDPHWHU0LQOHQJWK [SLSHGLDPHWHU1RYDOYHVUHGXFHUVRUHOERZVWKLVDUHD PLQ
PLQ
0$67(59$/9($1')/2:6(1625127726&$/(
([SDQVLRQFRLODQGZDWHUSURRIFRQQHFWRU6SHFLILHGPXOFKOHYHOZLWKWRSRIYDOYHER[12PDVWHUYDOYH/DQGVFDSHILOWHUIDEULF9DOYHER[H[WHQVLRQ6XEJUDGH0DLQOLQH&RPPRQEULFNSHUFRUQHU'UDLQURFNGHSWK PLQ
H[WHQGEH\RQGSHULPHWHURIER[)ORZVHQVRU6HQVRUFDEOHZLUHWRIORZVHQVRUWHUPLQDOERDUGDWFRQWUROOHU0DLQOLQH5HFWDQJXODUYDOYHER[EUDQG)6RQFRYHU0DLQOLQH5HFWDQJXODUYDOYHER[EUDQG09RQFRYHU)*)ORZ:KLWH%ODFN 3&25,&
75((6&2'(%27$1,&$/&200211$0(6,=(:$7(586(63$&,1*47<$5%0,<$UEXWXV[C0DULQDC0DULQD6WUDZEHUU\7UHHER[/RZ3HU3ODQ/$*1/DJHUVWURHPLDLQGLFD[IDXULHLC1DWFKH]C1DWFKH]&UDSH0\UWOHER[/RZ3HU3ODQ3,6&+,3LVWDFLDFKLQHQVLV&KLQHVH3LVWDFKHER[0HGLXP3HU3ODQ358&&83UXQXVFHUDVLIHUD 1HZSRUW
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
&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
3ODQWLQJ1RWHV 6FKHGXOH/
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
)RUEHVWUHVXOWVQDWLYHSODQWPDWHULDOVVKRXOGQRWKDYHWKHLUURRWVGLVWXUEHG)RUSODVWLFFDQVUHPRYHERWWRPRIFDQSODFHLQSODQWSLWDQGFXWVLGHVWRUHPRYH&XWPHWDOFDQVLQWKUHHSODFHVPLQLPXPDQGFDUHIXOO\VOLGHURRWEDOOLQWRSODQWSLWIRUODUJHSODQWPDWHULDOXVHERWWRPVXSSRUWDVQHFHVVDU\6RLOVDPSOHUHSRUWVDQGLUULJDWLRQZDWHUVXLWDELOLW\UHSRUWVKDOOEHUHYLHZHGE\/DQGVFDSH$UFKLWHFWSULRUWRDPHQGLQJVRLOVSHUVSHFLILFDWLRQV '5%0HHWLQJ
)(
$5%0,<&$//-15+$&/$/203&$5',9
08+:+,/20,5$:(60253,6&+,&$//-1&+27(&&$5',95+$&/$/$*11$1*8/&$5',95+$&/$ 358&&8
48(6+85+$&/$&$5',9',$;7/9,%635
',(,5,/20,5$3,6&+,&$5',9&+27(&08+:+,/20,5$/203/20,5$08+:+,&+27(&0<59$5:(60255+$&/$75,%5,&+27(&0<5':$1$1*8//203/20,5$&$//-1/2030<59$548(6+8&+27(&0<5':$&$5',975,%5,1$1*8/08+:+,0<5':$&+27(&&+27(&08+:+,/2031$1*8/75,%5, $5%0,<&$5',9:(6025',$;7/:(6025',$;7/5+$&/$&+27(&3,6&+, ',(,5,08+:+,:(6025&$5',9&+27(&3,6&+,&$//-1/20,5$&+27(&1$1*8//203/20,5$',(,5,&$5',908+:+,0<5':$75,%5, 32'0$.
32'0$.
/20,5$',(,5,
&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
3ODQWLQJ3ODQ/(;,67,1*)(1&(72%(5(029('
'5%0HHWLQJ
6&$/(
([3RZHU3ROH
&RS\ULJKW48$'5,*$ODQGVFDSHDUFKLWHFWXUH SODQQLQJLQF,VVXDQFHV 5HYLVLRQV.H\3ODQ&RQVXOWDQW6WDPS 6WDPS5LFKPRQG'ROODU7UHH3DUNLQJ/RW/DQGVFDSH'HVLJQ6DQ3DEOR$YH5LFKPRQG&$
'HVFULSWLRQ1R'DWH
3URMHFW1XPEHU
'DWH
6FDOH
48$'5,*$ODQGVFDSHDUFKLWHFWXUHDQGSODQQLQJLQF6$&5$0(172_6$17$526$
_ZZZTXDGULJDLQFFRP
3ODQWLQJ'HWDLOV/1RWHV
'UDLQDJHUHTXLUHGRQO\IRUWUHHSLWVIDLOLQJWUHHSLWGUDLQDJHWHVWDVGHVFULEHGLQWKHVSHFLILFDWLRQV&RQWUDFWRUWRUHSHDWWUHHSLWGUDLQDJHWHVWDIWHULQVWDOODWLRQRIGUDLQFKLPQH\WRHQVXUHSURSHUGUDLQDJH)* PÕQÕPXP75((3,7'5$,1$*(&+,01(<127726&$/(
5RRWEDOO)LOWHUIDEULF3ODQWLQJEDFNILOO([LVWLQJVXEJUDGHDXJXUHGGUDLQFKLPQH\RQHSHUWUHHSLWILOOZLWKGUDLQURFN([WHQG EHORZURRWEDOOPLQWRSHQHWUDWHKDUGSDQ7UHHSODQWLQJ/ 3&25,&1RWH
3ODQWLQJSLWVKDOOEHWKHGHSWKDQGWZRWLPHVWKHZLGWKRIWKHURRWEDOO3ODQWVRWKDWWRSRIURRWEDOOLVDERYHILQLVKHGJUDGH5HPRYHDOOQXUVHU\VWDNHV[5RRWEDOO5RRWEDOO)*6+58%3/$17,1*127726&$/( ZDWHULQJEDVLQ%DUNPXOFKKROGEDFNIURPFURZQ5RRWEDOO3ODQWLQJEDFNILOOVHHVSHFV 3XGGOH VHWWOH
3ODFHURRWEDOORQVPDOOPRXQGRIWDPSHGILUPWRSVRLO3&25,& 1RWHV
5LSRUVFDULI\WRSRIVXEJUDGHSULRUWRSODQWLQJ$GGDPHQGPHQWVDQGIHUWLOL]HUSHUVRLOVUHSRUW5RWRWLOODPHQGPHQWVDQGIHUWLOL]HULQWRWRSRIWRSVRLORUSHUVRLOVUHSRUW3ODQWJURXQGFRYHU WULDQJXODUVSDFLQJ
VHHSODQ
$GGRIEDUNPXOFK/DQGVFDSHIDEULFSHUVSHFLILFDWLRQV3ODQWVSDFLQJW\S%DUNPXOFK3ODQWLQJEDFNILOOVHHVSHFLILFDWLRQV 3XGGOH VHWWOHSODQWDWILQLVKJUDGH
3ODQWPDWHULDOW\S+HDGHUW\S6SDFLQJDVVSHFLILHGSHUSODQWLQJSODQ3DYLQJW\S*5281'&29(5$1'3(5(11,$/3/$17,1*127726&$/(7ULDQJXODU6SDFLQJ3&25,&08/&+1760XOFK$GMDFHQWSDYHPHQW3&25,&
75((3/$17,1*127726&$/(
'ULSOLQH
[5RRWEDOO5RRWEDOO
127(6
3ODQWLQJSLWVKDOOEHWKHGHSWKDQGWZRWLPHVWKHZLGWKRIWKHURRWEDOO3ODQWVRWKDWWRSRIURRWEDOOLVDERYHILQLVKHGJUDGH )*
6WDNHMXVWEHORZILUVWEUDQFKHVRUDVQHFHVVDU\IRUILUPVXSSRUW5HPRYHDOOQXUVHU\VWDNHV)*7RILUVWEUDQFKLQJ
[/RGJHSROH3LQHVWDNHVWRJREHORZVFDULILHGVRLOVHHVSHFV5XEEHUWUHHWLHVVHHVSHFV1RZLUHDURXQGWUXQNRUOLPEV0XOFKKROGEDFNIURPFURZQZDWHULQJEDVLQ5RRWEDOO3ODQWLQJEDFNILOOVHHVSHFV 3XGGOH VHWWOH
([LVWLQJVXEJUDGH3ODFHURRWEDOORQVPDOOPRXQGRIWDPSHGILUPWRSVRLO3&25,&
6(&7,21
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awings and general provisions of contract, including general and supplementary conditions and projectspecifications sections, apply to these instructionV68%0,77$/6$&RPSO\ZLWKwith submittal procedures, unless otherwise indicatHG%6DPSOHV 6DPSOHVRIVRLODPHQGPHQWVIHUWLOL]HUVPXOFKHVELQGHUVWDFNLILHUVDQGVHHGPL[HVVKDOOEHVXEPLWWHGIRUUHYLHZDQGVWRUHGRQVLWHXQWLOIXUQLVKLQJRIPDWHULDOVLVFRPSOHWHG'HOLYHU\PD\EHJLQXSRQDSSURYDORIVDPSOHVRUDVGLUHFWHGE\WKH/DQGVFDSH$UFKLWHFW6XEPLWPL[HGSURGXFWVDPSOHVIRUDOOVSHFLILHGPXOFKHV&7HFKQLFDO5HSRUWV &RQWUDFWRUWRSURYLGHDQGVXEPLWFRSLHVRIWHFKQLFDOUHSRUWV:RUNLVWREHSHUIRUPHGE\ 6RLODQG3ODQW/DERUDWRU\,QF0DWKHZ6WUHHW6DQWD&ODUD&$ $JURQRP\5HSRUWV
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
,QFRUSRUDWLRQRIVRLOFRQGLWLRQLQJDQGIHUWLOL]LQJLQWRWKHVRLO8SRQWKHFRPSOHWLRQRIJUDGLQJSULRUWRSODQWLQJ$SSURYDORISODQWPDWHULDOV UHIHUWR*HQHUDO5HTXLUHPHQWV
:KHQWUHHVDQGVKUXEVDUHVSRWWHGLQSODFHIRUSODQWLQJEXWEHIRUHSODQWLQJKROHVDUHH[FDYDWHG$SSURYDORIPXOFKSURGXFWVKDOOEHREWDLQHGSULRUWRVSUHDGLQJ:KHQDOOSODQWLQJH[FHSWWKH0DLQWHQDQFH3HULRGKDVEHHQFRPSOHWHG$FFHSWDQFHDQGZULWWHQDSSURYDOVKDOOHVWDEOLVKEHJLQQLQJRIWKH0DLQWHQDQFH3HULRG)LQDO2EVHUYDWLRQDWWKHFRPSOHWLRQRIWKH0DLQWHQDQFH3HULRG7KLVREVHUYDWLRQVKDOOHVWDEOLVKWKHEHJLQQLQJGDWHIRUWKHJXDUDQWHHRIDOOWUHHV'$FFHSWDQFHV 8SRQFRPSOHWLRQRIWKH)LQDO2EVHUYDWLRQDQGWKHZRUNRIWKLVVHFWLRQWKH&RQWUDFWRUZLOOEHQRWLILHGLQZULWLQJ
ZKHWKHUWKHZRUNLVDFFHSWDEOH
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
LQFOXGLQJVRGGHGDUHDV
IRXQGWREHGHDGDQGDOOSODQWVQRWLQDYLJRURXVFRQGLWLRQQRWHGZLWKLQWKH0DLQWHQDQFH3HULRGVKDOOEHUHSODFHGZLWKLQIRXUWHHQ
GD\V
*8$5$17((6$1'5(3/$&(0(176$$OOSODQWV
H[FHSWWUHHVVHH
%
VKDOOEHJXDUDQWHHGWRUHPDLQKHDOWK\DQGYLJRURXVO\JURZLQJIRUPRQWKVIURPWLPHRIILQDODFFHSWDQFH%$OOWUHHVWKDWKDYHEHHQVXSSOLHGDQGLQVWDOOHGXQGHUWKLV&RQWUDFWVKDOOEHJXDUDQWHHGWROLYHLQDKHDOWK\FRQGLWLRQIRUDSHULRGRIRQH
\HDUIURPGDWHRIILQDODFFHSWDQFHRISURMHFW7UHHVDUHWREHLQVSHFWHGIRUGLVHDVHDQGFHUWLILHGE\DQDXWKRUL]HG$UERULFXOWXULVWSULRUWRSODQWLQJ&$OOSODQWVIRXQGWREHGHDGDQGDOOSODQWVQRWLQDYLJRURXVFRQGLWLRQQRWHGZLWKLQWKH0DLQWHQDQFH3HULRGVKDOOEHUHSODFHGZLWKLQIRXUWHHQ
GD\V'3ODQWVXVHGIRUUHSODFHPHQWVKDOOEHWKHVDPHNLQGDQGVL]HDVVSHFLILHGLQWKHSODQWOLVW7KH\VKDOOEHIXUQLVKHGSODQWHGDQGIHUWLOL]HGDVRULJLQDOO\VSHFLILHG3$57352'8&7662,/$0(1'0(17$1')(57,/,=(5$6RLO$PHQGPHQWDQG)HUWLOL]HU WKHIROORZLQJDPHQGPHQWVDQGIHUWLOL]HUVDUHWREHXVHGIRUELGGLQJSXUSRVHVRQO\2UJDQLF0DWHULDO QLWUROL]HGUHGZRRGVDZGXVWRUHTXDODQGFRPSRVWHGKXPXVPDWHULDOV PL[
3+RIWR*\SVXPVKDOOEHDFRPPHUFLDOO\SURFHVVHGDQGSDFNDJHGJ\SVXP &D6R+2#
3$0
SRO\DFU\ODPLGH
&RPSOHWH*UHHQ
&DOFLXP1LWUDWH
&D>12@
3RWDVVLXP1LWUDWH
.12
6&8
>XUHD@>1+@&2
7ULSOH6XSHUSKRVSKDWH
&D+32
2\VWHU6KHOO/LPH
&D&2
0LFUR0D[IHUWLOL]HU%3ODQWLQJ7DEOHWV
$JULIRUPJUDPSODQWLQJWDEOHWSOXVPLQRUVE\7KH6FRWWV&RPSDQ\ ZZZVFRWWVFRPRUDSSURYHGHTXDO&4XDQWLWLHVVKDOOEHIXUQLVKHGDVQHHGHGWRFRPSOHWHZRUNVKRZQRQGUDZLQJV3/$17,1*$%DFNILOO 7KHIROORZLQJSODQWLQJEDFNILOOUDWLRVDUHWREHXVHGIRUELGGLQJSXUSRVHVRQO\&RQWUDFWRULVUHVSRQVLEOHIRUSURYLGLQJDJURQRP\UHSRUWVDVGHVFULEHGLQ&ZKLFKVKDOORXWOLQHEDFNILOOVSHFLILFDWLRQV)XOO\DPHQGHG XSSHU
H[FDYDWLRQPDWHULDOVVKDOOEHSXWLQRQHSLOHWRJRDURXQGWKHURRWEDOO$Q\GHHSHUXQDPHQGHGPDWHULDOVVKDOOEHSXWLQDVHSDUDWHSLOH&RQGLWLRQWKLVGHHSHUVRLODWWKHIROORZLQJUDWHVDQGXVHIRUWKHSODQWLQJSLWEHORZWKHURRWEDOO 3$0
SRO\DFU\ODPLGH
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
$UERU0XOFK
RUDSSURYHGHTXDO0XOFKVKDOOEHDUHF\FOHGVRIWZRRGGDUNFRORUSURGXFWVKUHGGHGLQWRVPDOOSLHFHVFRQVLVWLQJRIDPL[RIILQHO\VKUHGGHGZRRGDQGPHGLXPVKUHGGHGZRRGSURFHVVHGWKURXJKDQLQGXVWULDOWXEJULQGHU1R JROG
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
3K\VLFDOO\UHPRYHDOOZHHGVGHDGRUDOLYHZLWKLQWKHOLPLWVRIZRUN%3RVW3ODQWLQJ 3ODQWLQJ$UHDV
$SSO\SUHHPHUJHQFHKHUELFLGHDFFRUGLQJWRSURGXFWGLUHFWLRQV7XUIDQG+\GURVHHG$UHDV 6SRWVSUD\ZLWKSRVWHPHUJHQFHZHHGFRQWDFWVSUD\WDNLQJFDUHWRSURWHFWH[LVWLQJSODQWPDWHULDOZKLFKLVWRUHPDLQDVVKRZQRQWKHSODQV62,/&21',7,21,1*)(57,/,=,1* 52727,//,1*$*UXEDQGFOHDQSODQWLQJDUHDUHPRYLQJDOOZHHGVGHEULVDQGURFNVIURPWKHVLWH%5LSDQGFURVVULSVRLOLQSODQWLQJDUHDVWRµGHHS&RQWUDFWRUWRLQVWDOODPHQGPHQWVSHUDJURQRP\UHSRUWV7KHIROORZLQJVRLODPHQGPHQWLQFRUSRUDWLRQLVWREHXVHGIRUELGGLQJSXUSRVHVRQO\7KHVRLOFRQGLWLRQLQJDQGDPHQGPHQWPDWHULDOVVKDOOEHHYHQO\ VSUHDGRYHUDOOSODQWLQJDUHDVDQGVKDOOEHWKRURXJKO\VFDULILHGWRDQDYHUDJHGHSWKRILQFKHVE\URWRWLOOLQJDPLQLPXPRIWZRDOWHUQDWLQJSDVVHV2UJDQLF0DWHULDO QLWUROL]HGUHGZRRGVDZGXVWRUHTXDODQGFRPSRVWHGKXPXVPDWHULDOV PL[
&<VI3$0
SRO\DFU\ODPLGH
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
JUDPWDEOHWSHUOLQHUGSRWDQGIODWVL]HSODQWE
JUDPWDEOHWSHURQHJDOORQFRQWDLQHUF
JUDPWDEOHWVSHUJDOORQFRQWDLQHUG
JUDPWDEOHWVSHUJDOORQFRQWDLQHUH
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
7KHVWDNLQJVKDOOEHDFFRPSOLVKHGLQVXFKDPDQQHUDVWRLQVXUHWKHSURSHUDQGKHDOWK\JURZWKDQGVDIHW\RIWKHSODQWVSURSHUW\DQGWKHSXEOLF7KH&RQWUDFWRUVKDOOEHUHVSRQVLEOHIRUDOOVXUIDFHDQGVXEVXUIDFHGUDLQDJHUHTXLUHGZKLFKPD\DIIHFWKLVJXDUDQWHHRIWKHSODQWV&3ODQWLQJ*URXQGFRYHUV IURPIODWV
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µGHHSOD\HURIVSHFLILHGPXOFKWKURXJKRXWDOOSODQWLQJDUHDVXQOHVVRWKHUZLVHQRWHGRQSODQV$OVRUHIHUWRSODQWLQJGHWDLOVIRUPXOFKUHTXLUHPHQWV&/($183$$VSURMHFWSURJUHVVHV&RQWUDFWRUVKDOOPDLQWDLQDOODUHDVLQDQHDWPDQQHUDQGUHPRYHXQVLJKWO\GHEULVDVQHFHVVDU\$IWHUFRPSOHWLRQRISURMHFW&RQWUDFWRUVKDOOUHPRYHDOOGHEULVDQGFRQWDLQHUVXVHGLQDFFRPSOLVKLQJZRUN&RQWUDFWRUVKDOOVZHHSDQGFOHDQDOOVLGHZDONVDVSKDOWDQGFRQFUHWHDQGSODQWHUZDOOVDGMDFHQWWRSODQWLQJV 7,7/(352-(&7':*%<
'$7(
-2%
5(9,6,216
&+.%<
3KRQH
)D[
/DQG3ODQQLQJ&LYLO(QJLQHHULQJ$UFKLWHFWXUDO'HVLJQ6WUXFWXUDO(QJLQHHULQJ$&('HVLJQ//&$&('HVLJQ//&)ROVRP&$ ,URQ3RLQW5RDG6XLWH
'$1,(/6675((767$<%5,'*(68,7(66$1-2$48,1&2817<&$ 12-6
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
SHUPDQHQWSRLQWVRIUHIHUHQFHEXLOGLQJFRUQHUVVLGHZDONRUURDGLQWHUVHFWLRQVHWFWKHORFDWLRQRIWKHIROORZLQJLWHPV D&RQQHFWLRQWRH[LVWLQJZDWHUOLQHVE&RQQHFWLRQWRH[LVWLQJHOHFWULFDOSRZHUF%DOOYDOYHVG5RXWLQJRIVSULQNOHUSUHVVXUHOLQHV GLPHQVLRQPD[
DORQJURXWLQJ
H5HPRWHFRQWUROYDOYHVI5RXWLQJRIFRQWUROZLULQJJ4XLFNFRXSOLQJYDOYHVK2WKHUUHODWHGHTXLSPHQWDVGLUHFWHGE\/DQGVFDSH$UFKLWHFWVLJQLILFDQWFKDQJHVLQURXWLQJRIODWHUDOOLQHVIURPWKRVHLQGLFDWHGRQWKHSODQV2QRUEHIRUHWKHGDWHRIWKHILQDOREVHUYDWLRQWKH&RQWUDFWRUVKDOOGHOLYHUWKHFRUUHFWHGDQGFRPSOHWHG´DVEXLOWµSODQVWRWKH/DQGVFDSH$UFKLWHFW'HOLYHU\RIWKH´DVEXLOWµ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
VDGGUHVVDQGWHOHSKRQHQXPEHUOLVWRIHTXLSPHQWZLWKQDPHDQGDGGUHVVHVRIORFDOPDQXIDFWXUHU VUHSUHVHQWDWLYHV
E&DWDORJDQGSDUWVVKHHWVRQHYHU\PDWHULDODQGHTXLSPHQWLQVWDOOHGXQGHUWKLVFRQWUDFWF*XDUDQWHHVWDWHPHQWG&RPSOHWHRSHUDWLQJDQGPDLQWHQDQFHLQVWUXFWLRQVRQDOOPDMRUHTXLSPHQWH,QDGGLWLRQWRWKHDERYHPHQWLRQHGPDLQWHQDQFHPDQXDOVSURYLGHWKHRZQHU VPDLQWHQDQFHSHUVRQQHOZLWKLQVWUXFWLRQVIRUPDMRUHTXLSPHQWDQGVKRZHYLGHQFHLQZULWLQJWRWKHRZQHUDWWKHFRQFOXVLRQRIWKHSURMHFWWKDWWKLVVHUYLFHKDVEHHQUHQGHUHG)(TXLSPHQWWREHIXUQLVKHG 6XSSO\DVSDUWRIWKLVFRQWUDFWWKHIROORZLQJWRROV
7ZR
VHWVRIVSHFLDOWRROVUHTXLUHGIRUUHPRYLQJGLVDVVHPEOLQJDQGDGMXVWLQJHDFKW\SHRIYDOYHVXSSOLHGRQWKLVSURMHFW7ZR
NH\VIRUHDFKDXWRPDWLFFRQWUROOHU2QH
TXLFNFRXSOHUNH\DQGPDWFKLQJKRVHVZLYHOIRUHYHU\ILYH
RIHDFKW\SHRITXLFNFRXSOLQJYDOYHLQVWDOOHG7ZR
VHWVRIVSHFLDOWRROVUHTXLUHGIRUDGMXVWLQJHDFKW\SHRIVSULQNOHUVXSSOLHGRQWKLVSURMHFW7KHDERYHPHQWLRQHGHTXLSPHQWVKDOOEHWXUQHGRYHUWRWKHRZQHUDWWKHFRQFOXVLRQRIWKHSURMHFW%HIRUHILQDOREVHUYDWLRQFDQRFFXUHYLGHQFHWKDWWKHRZQHUKDVUHFHLYHGPDWHULDOPXVWEHVKRZQWRWKH/DQGVFDSH$UFKLWHFW**XDUDQWHH WKHLUULJDWLRQV\VWHPJXDUDQWHHVKDOOEHPDGHLQDFFRUGDQFHZLWKWKHIRUPEHORZ$FRS\RIWKHJXDUDQWHHIRUPVKDOOEHLQFOXGHGLQWKHRSHUDWLRQVDQGPDLQWHQDQFHPDQXDO7KHJXDUDQWHHIRUPVKDOOEHUHW\SHGRQWRWKH&RQWUDFWRU VOHWWHUKHDGDVIROORZV
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
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB/RFDWLRQ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB6LJQHG
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB&RQWUDFWRU$GGUHVV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB3KRQH
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB'DWHRIDFFHSWDQFH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB3527(&7,212):25.$1'0$7(5,$/6$3DFNLQJDQGVKLSSLQJ GHOLYHUSURGXFWVLQRULJLQDOXQRSHQHGSDFNDJLQJZLWKOHJLEOHPDQXIDFWXUHU VLGHQWLILFDWLRQ%6WRUDJHDQGSURWHFWLRQ
FRPSO\ZLWKPDQXIDFWXUHU
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µSLSHDQGODUJHUVKDOOEHFODVV
7\SH*UDGH
LPSDFWPRGLILHG
GHVLJQDWHGDV39&FRQIRUPLQJWRFRPPHUFLDOVWDQGDUGV&6DQG$670'$OOµSLSHDQGVPDOOHUVKDOOEH6FKHGXOH 7\SH*UDGH
LPSDFWPRGLILHG
GHVLJQDWHGDV39&FRQIRUPLQJWRFRPPHUFLDOVWDQGDUGV&6DQG$670''39&SODVWLFQRQSUHVVXUHOLQHV IRUSLSLQJGRZQVWUHDPRIUHPRWHFRQWUROYDOYHV
DOOSLSHVKDOOEHVFKHGOH
7\SH*UDGH
LPSDFWPRGLILHG
GHVLJQDWHGDV39&
6'5
FRQIRUPLQJWRFRPPHUFLDOVWDQGDUGV&6DQG$670G()LWWLQJVDQGFRQQHFWLRQV 3RO\YLQ\OFKORULGHSLSHILWWLQJVDQGFRQQHFWLRQV
7\SH*UDGH6FKHGXOHKLJKLPSDFWPROGHGILWWLQJVPDQXIDFWXUHGIURPYLUJLQFRPSRXQGVDVVSHFLILHGIRUSLSLQJWDSHUHGVRFNHWRUPROGHGWKUHDGW\SHVXLWDEOHIRUHLWKHUVROYHQWZHOGRUVFUHZHGFRQQHFWLRQV0DFKLQHWKUHDGHGILWWLQJVDQGSODVWLFVDGGOHDQGIODQJHILWWLQJVDUHQRWDFFHSWDEOH)XUQLVKILWWLQJVSHUPDQHQWO\PDUNHGZLWKIROORZLQJLQIRUPDWLRQ QRPLQDOSLSHVL]HW\SHDQGVFKHGXOHRIPDWHULDODQGQDWLRQDOVDQLWDWLRQIRXQGDWLRQ 16)
VHDORIDSSURYDO39&ILWWLQJVKDOOFRQIRUPWR$670'DQG'$%6DQG39&SLSHILWWLQJVDQGFRQQHFWLRQV IRUGULSLUULJDWLRQ
IRUDERYHJURXQGGULSSLSLQJGRZQVWUHDPRIUHPRWHFRQWUROYDOYHV DOOILWWLQJVVKDOOEH89UDWHGXQOHVVRWKHUZLVHVKRZQRQSODQV)$XWRPDWLFFRQWUROZLUH HOHFWULFZLULQJUXQVIURPWKHDXWRPDWLFFRQWUROOHUWRWKHHOHFWULFFRQWUROYDOYHVVKDOOEHVROLGVLQJOHFRQGXFWRUFRSSHUZLUH1HXWUDO FRPPRQ
ZLUHVVKDOOEHDPLQLPXPVL]HRIDQGFRORUHGZKLWH&RQWUROZLUHVVKDOOEHDPLQLPXPVL]HRILQFRORUVRWKHUWKDQZKLWH$OOZLUHVKDOOKDYHD39&8)MDFNHWZLWKDPLQLPXPRIµ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
6KDOOEHDVVKRZQRQSODQVDQGLQVWDOOHGSHUPDQXIDFWXUHU VVSHFLILFDWLRQV4:LUHFRQQHFWRUV
ZLUHFRQQHFWRUVVKDOOEH6FRWFKORNRUHTXDO5)LOWHUIDEULF ILOWHUIDEULFXQGHUYDOYHER[HVVKDOOEHODQGVFDSHTXDOLW\QRQZRYHQJHRWH[WLOHIDEULFZLWKR]V\PLQLPXPZHLJKW 639&8QLRQV
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µPLQ&RQWUROZLULQJµPLQ1RQSUHVVXUHODWHUDOOLQHµPLQ8QGHUYHKLFXODUSDYLQJ 3UHVVXUHPDLQOLQHµPLQ&RQWUROZLULQJµPLQ1RQSUHVVXUHODWHUDOOLQHµPLQ8QGHUSODQWLQJDUHDV 3UHVVXUHPDLQOLQHµPLQ&RQWUROZLULQJµPLQ1RQSUHVVXUHODWHUDOOLQHµ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µXQGHUDQGµ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
GXULQJWHVWLQJ1RZDWHUVKDOOEHSHUPLWWHGLQWKHSLSHXQWLOREVHUYDWLRQVKDYHEHHQFRPSOHWHGDQGDSHULRGRIDWOHDVWKRXUVKDVHODSVHGIRUVROYHQWZHOGVHWWLQJDQGFXULQJ 3ODVWLFWRPHWDOMRLQWVVKDOOEHPDGHZLWKSODVWLFPDOHDGDSWHUVPHWDOQLSSOHKDQGWLJKWHQHGSOXVRQHWXUQZLWKDVWUDSZUHQFK3ODVWLFWRSODVWLFMRLQWV VROYHQWZHOGXVLQJVROYHQWUHFRPPHQGHGE\SLSHPDQXIDFWXUHURQO\6ROYHQWZHOGMRLQWV DVVHPEOHSHUPDQXIDFWXUHU
VUHFRPPHQGDWLRQV$OOODWHUDOHQGUXQVVKDOOEHöµVL]HXQOHVVRWKHUZLVHVSHFLILHG,,QVWDOODWLRQRISRO\HWK\OHQH 3(
SLSH
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
'LUHFWEXULDOFRQWUROZLUHVL]HV
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µDERYHILQLVKHGJUDGHLQDUHDVUHFHLYLQJVRGDQGµDERYHILQLVKHGJUDGHLQDUHDVUHFHLYLQJPXOFK6HHSODQWLQJVSHFLILFDWLRQVDVDFWXDOGHSWKRIPXOFKPD\YDU\6WHQFLOYDOYHQXPEHUDQGFRQWUROOHUOHWWHURQXQGHUVLGHRIYDOYHER[OLG9DOYHER[HVVKDOOEHLGHQWLILHGRQWKHWRSVXUIDFHRIWKHFRYHUVE\KHDWEUDQGLQJWKHER[OLGZLWKWKHDSSURSULDWHDEEUHYLDWLRQVIRUWKHLUULJDWLRQIDFLOLWLHVFRQWDLQHGLQWKHYDOYHER[HVDVVKRZQRQWKHSODQV9DOYHER[HVWKDWFRQWDLQUHPRWHFRQWUROYDOYHVVKDOOEHLGHQWLILHGE\WKHDSSURSULDWHOHWWHUVDQGQXPEHUV FRQWUROOHUDQGVWDWLRQQXPEHUV
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
VLQILOWUDWLRQUDWHDVGHWHUPLQHGE\WKHVRLOVUHSRUW:DWHULQJVFKHGXOHVVKDOOEHDGMXVWHGQRWWRH[FHHGORFDOHYDSRWUDQVSLUDWLRQ (72
UDWH2%6(59$7,216&+('8/($7KH&RQWUDFWRUVKDOOEHUHVSRQVLEOHIRUQRWLI\LQJWKH/DQGVFDSH$UFKLWHFWKRXUV RUZRUNLQJGD\V
LQDGYDQFHIRUWKHIROORZLQJREVHUYDWLRQV
3UHFRQVWUXFWLRQPHHWLQJ
WKLVLQFOXGHVSODQWLQJUHYLHZDOVR
6SRWFKHFNIRUODWHUDOLQVWDOODWLRQ&RYHUDJHWHVWVHOHFWULFDOYDOYHV5HYLHZRIFRQWUROOHUDQGFRQWUROOHUFRQQHFWLRQV$SSURYDOWREHJLQPDLQWHQDQFHSHULRG WKLVLQFOXGHVSODQWLQJUHYLHZDOVR
(QGRIPDLQWHQDQFHSHULRGZDONWKUX
WKLVLQFOXGHVSODQWLQJUHYLHZDOVR
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
FRQWLQXRXVFDOHQGDUGD\V3KDVHGPDLQWHQDQFHSHULRGVLIUHTXLUHGVKDOOEHQHJRWLDWHGSULRUWRFRQVWUXFWLRQ,ISKDVHGPDLQWHQDQFHSHULRGVDUHQRWQHJRWLDWHGSULRUWRFRQVWUXFWLRQWKHPDLQWHQDQFHSHULRGIRUDOODUHDVZLOOEHJLQDIWHUWKHHQWLUHSURMHFWLVFRPSOHWHSHUFRQWUDFWGRFXPHQWV3RUWLRQVFRPSOHWHGHDUOLHUVKDOOEHPDLQWDLQHGXSWRDQGLQFOXGLQJWKHVSHFLILHGPDLQWHQDQFHSHULRGZLWKRXWDGGLWLRQDOFRPSHQVDWLRQ%7KH&RQWUDFWRUVKDOOFRQWLQXRXVO\PDLQWDLQDOOLQYROYHGDUHDVRIWKHFRQWUDFWGXULQJWKHSURJUHVVRIWKHZRUNDQGGXULQJWKHPDLQWHQDQFHSHULRGXQWLOWKHILQDODFFHSWDQFHRIWKHZRUN&5HJXODULUULJDWLRQPDLQWHQDQFHRSHUDWLRQVVKDOOEHJLQLPPHGLDWHO\DIWHUHDFKV\VWHPLVLQVWDOOHG'7KHFRQWUDFWFRPSOHWLRQGDWHRIWKHFRQWUDFWPDLQWHQDQFHSHULRGZLOOEHH[WHQGHGZKHQLQWKHRSLQLRQRIWKH$UFKLWHFWLPSURSHUPDLQWHQDQFHLVHYLGHQWDWWKHWHUPLQDWLRQRIWKHVFKHGXOHGPDLQWHQDQFHSHULRG7KH&RQWUDFWRUVKDOOEHUHVSRQVLEOHIRUDGGLWLRQDOPDLQWHQDQFHRIWKHZRUNDWQRFKDQJHLQFRQWUDFWSULFHXQWLODOORIWKHZRUNLVFRPSOHWHGDQGDFFHSWDEOH(7KHFRQWUDFWRUVKDOOEHUHVSRQVLEOHIRUPDLQWDLQLQJDGHTXDWHSURWHFWLRQRIWKHDUHDV'DPDJHGDUHDVVKDOOEHUHSDLUHGLPPHGLDWHO\DWWKH&RQWUDFWRU VH[SHQVH(QGRIVHFWLRQ
7,7/(352-(&7':*%<
'$7(
-2%
5(9,6,216
&+.%<
3KRQH
)D[
/DQG3ODQQLQJ&LYLO(QJLQHHULQJ$UFKLWHFWXUDO'HVLJQ6WUXFWXUDO(QJLQHHULQJ$&('HVLJQ//&$&('HVLJQ//&)ROVRP&$ ,URQ3RLQW5RDG6XLWH
'$1,(/6675((767$<%5,'*(68,7(66$1-2$48,1&2817<&$ 12-6
DESIGN DEVELOPMENT08/18/20
ISSUE DATE:
SCALE:
PLOT SCALE:
DRAWN BY:
SHEET NUMBER:
10/30/20
AS NOTED
1:1
2020-089PROJECT NUMBER:
STAMP & SIGNATURE
ELECTRICAL ENGINEER
NOT FOR
CONSTRUCTION
PURPOSES
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053
Phone: (503) 396-8353
e-mail: [email protected]
H. Weston Drumheller
1751 Cebrian Street
West Sacramento CA 95691
916.375.0135 www.capcitydesign.com
LANDLORD TENANT SPACE
RENOVATIONS12300 SAN PABLO AVE.
RICHMOND, CALIFORNIA
E0.1
SYMBOLS, NOTES, FIXTURE SCHEDULE
A
DRB MEETING COMMENTS09/07/21
LOCKER
TABLE
LEER MODEL 75
ICE
MERCHANDISER
FREEZER
14'-5" x 7'-9"
IMPERIAL
BROWN
COOLER
1'-6" 2'-0"
1'-6"
2300HP BALER - VENDOR
SUPPLIED AND INSTALLED
24" X 72"24" X 72"
DRAIN
AREA OF REFUGE X2
UP
9'-0"
5'-0"4'-0"
2'-6"4'-0"5'-0"
2'-10"
2'-10"(5) RISERS @ 6-3/4"
(4) TREADS @ 11"
0'-0"
PROVIDE SIGNAGE
AND 2-WAY VOICE
COMMUNICATION
SYSTEM
AREA OF REFUGE
OPTION
2'-5"
0'-0"
24'-0"
5'-0"
UP
11'-0"
5'-0"
S
A
S
S
S
S
S
A
A
A
A
HS HS
HS HS
HS
HS
S
HS
DESIGN DEVELOPMENT08/18/20
ISSUE DATE:
SCALE:
PLOT SCALE:
DRAWN BY:
SHEET NUMBER:
10/30/20
AS NOTED
1:1
2020-089PROJECT NUMBER:
STAMP & SIGNATURE
ELECTRICAL ENGINEER
NOT FOR
CONSTRUCTION
PURPOSES
ARCHITECT
REVISIONS
33144 Stone Rd. Warren, OR 97053
Phone: (503) 396-8353
e-mail: [email protected]
H. Weston Drumheller
1751 Cebrian Street
West Sacramento CA 95691
916.375.0135 www.capcitydesign.com
LANDLORD TENANT SPACE
RENOVATIONS12300 SAN PABLO AVE.
RICHMOND, CALIFORNIA
E1.0
SITE PLAN - PHOTOMETRIC F.C.
NORTH
RSA | CONSULTING CIVIL ENGINEERS + SURVEYORS ++1980est.1515 FOURTH STREETNAPA, CALIF. 94559OFFICEwww.RSAcivil.com|252.3301707|++
KIYU-57800\2567714.1
1331 N. California Blvd.
Fifth Floor
Walnut Creek, CA 94596
T 925 935 9400
F 925 933 4126
www.msrlegal.com
Arielle Harris
Direct Dial: 925.941.3236
[email protected]
Offices: Walnut Creek / San Francisco / Newport Beach
February 9, 2022
VIA E-MAIL TO [email protected]
City of Richmond City Council
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Hector Lopez, Senior Planner
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Re: Applicant Response to Appeal by RHNC
Proposed Dollar Tree Store (PLN21-129) 12300 San Pablo, Richmond
Dear Honorable Councilmembers and Mr. Lopez:
On behalf of the Applicants and property owners Kevin Kim and Jennifer Yu (“Applicants”), this letter provides a formal response to the administrative appeal filed by Jim Hanson on behalf of the Richmond Heights Neighborhood Council (“RHNC”) challenging the City of Richmond (“City”) Planning Commission’s approval of the proposed Dollar Tree Store Project (“Project”) located at 12300 San Pablo Avenue in Richmond (“Project Site”).
If built, the Project would remodel the existing commercial building, which has been vacant for more than five years, completely revitalize the Project Site through significant building and site improvements, new landscaping and lighting, and local art, bringing new activation along an important City corridor. As provided below, the Project consists of improvements to an existing commercial building for a new retail use that is consistent with the surrounding commercially-zoned properties along San Pablo Avenue and complies with the development standards of the City’s Zoning Code. In the past nine months the Project has undergone review at a total of six public meetings including a RHNC community meeting, two Design Review Board (“DRB”) meetings, and three Planning Commission meetings. The Applicants also met with Mr. Hanson and two other members of the RHNC at the Project Site in October 2021, and met several times with the immediate residential neighbor north of the Project Site during the past few months. The Applicants and Dollar Tree have incorporated dozens of Project design and operational changes as well as voluntary additions to the Project’s 31 Conditions of
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
Approval, in direct response to feedback received during these meetings. Further, as confirmed by two traffic consultants, the Project would not result in significant traffic impacts. As described in further detail below, the RHNC’s appeal does not identify any abuse of discretion by the Planning Commission in its approval of the Project, nor does it identify any finding of the Planning Commission that was not supported by substantial evidence. We ask that the City Council deny the appeal and allow the Project to proceed.
* * * * *
Response to Issues Raised in Appeal:
Decisions of the City’s Planning Commission may only be appealed after the appellant has exhausted all other administrative remedies. (Richmond Mun. Code (“RMC”) § 15.04.803.140(A)(5).) The appeal must “clearly and concisely state the reasons for the appeal, and also state specifically how and where the underlying decision constitutes an abuse of discretion and/or is not supported by substantial evidence in the record.” (15.04.803.140(D)(1).) “The appellate body’s review is limited to the issue(s) raised in the petition for appeal.” (15.04.803.140(E).)
The RHNC has raised seven issues in its appeal, falling into five topics concerning traffic, hours of operation, deliveries, signage, and parking lot lighting, which are addressed in that order in the sections below. None of the appeal claims state any conflict with the City’s zoning regulations or other applicable state or federal law, nor any other abuse of discretion by the Planning Commission.
I. Traffic
Appeal Claims: “Traffic safety measures at location (including 800+ vehicles exiting daily into fast I-80 onramp lane).” (Appeal, Issue 1.) “Left turn only upon exit also increases traffic on the adjacent neighborhood streets.” (Appeal, Issue, 2.) Response: The appeal does not identify how the Planning Commission’s approval of the Project was an abuse of discretion and/or is not supported by substantial evidence in the record, and on that basis alone should be denied. (RMC § 15.04.803.140(D)(1).) As both designed and conditioned, the Project will have a “Right-Only” sign at the exit (not a “Left turn only” sign as the appeal suggests), which was a recommendation made by Staff and two traffic consultants. Further, the RHNC’s cited number for additional traffic volume is incorrect.
As described above, the Project involves the renovation and use of an existing commercial building and parking lot. The Project will continue to utilize the driveway as it exists in its current location and as it was used for the prior used auto sales store.
What is critical to emphasize is that the Project’s traffic does not meet the threshold
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
criteria for requiring a traffic impact analysis under Contra Costa County’s Transportation Authority guidelines (used by the City for traffic analysis), because the Project will not generate more than 100 net new peak hour trips (the threshold for requiring a traffic report). Indeed, the Project’s peak hour trips are one-third to one-half of that amount as shown in the table below. Moreover, these numbers are conservative as they do not discount the baseline traffic associated with the prior auto-sales use.
Despite this low traffic volume, the Applicant chose to hire W-Trans to prepare a traffic report for the purpose of responding to comments and questions concerning the Project’s traffic impacts.1 The Applicant selected W-Trans to prepare the traffic analysis. W- Trans is one of the City’s pre-qualified traffic engineering consultants, has performed countless traffic reports for the City, and is familiar with local traffic patterns in Richmond.
Despite this effort, during the Planning Commission proceedings the RHNC demanded an additional traffic consultant review the Project’s traffic impacts.2 In response, the Applicant agreed to have the City hire its own traffic consultant—Fehr & Peers—to prepare a peer review of the W-Trans Report, with the Applicant paying the costs of such review.3 The peer review concluded that “the assumptions and methodologies used in the traffic analysis are generally consistent with the City of Richmond and Contra Costa Transportation Authority (CCTA) guidelines, as well as accepted best-practices in traffic engineering.” The peer review also agreed that “the site is considered local serving retail and therefore has a less-than-significant impact on VMT.” The total traffic volumes calculated by Fehr & Peers were very similar to the calculations by W-Trans, as shown in the table below.
Consultant Land Use / ITE
Code
Daily
Trips
Pass-By Trips Net New
Auto Trips
AM
Peak
PM
Peak
City and Contra Costa Threshold for requiring Traffic Report 100 100 W-Trans Free-Standing
Discount Store,
ITE LU 815
711 15% reduction
(-107)
604 14 55
Fehr &
Peers
Variety Store, ITE
LU 814
852 35% reduction
(-290)
562 27 60
The RHNC’s claim that the Project will result in 800+ new trips is incorrect as it ignores the calculation of pass-by trips. As documented by both W-Trans and Fehr & Peers,
1 Traffic Analysis for Dollar Tree Project, 12300 San Pablo, Richmond dated September 8, 2021, prepared by M.Spencer, P.E., of W-Trans (hereafter “W-Trans Report”). 2 See RHNC comment letter dated December 1, 2021, included as attachment 6 to the January 6, 2022 Staff Report.
3 Peer Review of the Traffic Analysis for Dollar Tree Project dated December 29, 2021, prepared by S.Tabibnia, P.E. of Fehr & Peers (hereafter “F&P Report”). This peer review was provided as Attachment 4 to the January 6, 2022 Staff Report.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
traffic associated with a retail use like the Dollar Tree Store includes a significant number of “pass-by trips,” trips corresponding to consumers who are already passing by the store and stop in on their way to their final destination. Fehr & Peers calculated the pass-by trip reduction as 34% and W-Trans calculated the pass-by trip reduction as 17% (but calculated trips based on a more conservative 15% reduction). Regardless of which figure is used, the conclusions remain the same and the proposed Project is well below the threshold for preparation of a traffic report to begin with, which is based on peak AM and PM trips.
Like W-Trans, Fehr & Peers agreed that “left-turns out of the project driveway on San Pablo Avenue should be prohibited” and stated that it should be “acknowledged that the left-turn prohibition can increase traffic on the adjacent neighborhood streets, such a Roosevelt and McLaughlin.” As noted by W-Trans in its response to such peer review, “the number of outbound vehicles in the peak hours is relatively small (13 in the a.m. and 29 in the p.m.), and the number that would want to return southbound or potentially use neighborhood streets would be a subset of those numbers.”4 Neither W-Trans, nor Fehr & Peers, found that the Project would cause or create any traffic safety issues nor has any evidence been presented during the proceedings of any safety issue.
Further, W-Trans found that the proposed Project’s existing driveway, which served the prior car dealership, is located in the most desirable location from a traffic engineering perspective.5 The driveway provides adequate spacing and site distance from Barrett Avenue, allows room for exiting vehicles to get into a northbound San Pablo Avenue through lane without being trapped in a right turn only lane, and would facilitate trucks entering the parking lot that need to maneuver on-site to back into the loading area. The number of new trips added to San Pablo Avenue or the I-80 eastbound on-ramp during the peak hours would represent a very small portion of traffic compared to baseline traffic on San Pablo, which is estimated at 1,700 in the peak hours based on pre- pandemic levels. In sum, there would be little to no anticipated change in traffic operations on San Pablo Avenue, the I-80 eastbound on-ramp, or in the vehicle queue extending back from the on-ramp.
As summarized above, the Project’s minimal traffic was exhaustively evaluated by two traffic consultants and the Planning Commission’s decision was supported by substantial evidence and did not constitute an abuse of discretion.
4 Responses to Traffic Analysis Peer Review Letter for Dollar Tree Project dated December 30, 2021, prepared by M.Spencer, P.E. of W-Trans. This response letter was provided as Attachment 5 to the January 6, 2022 Staff Report.
5 W-Trans Report, pp. 2-3.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
II. Hours of Operation
Appeal Claim: “Store closing hour incompatible with residential setting (note: earlier closing hours in place elsewhere.” (Appeal, Issue 3.)
Response: The Project Site is located in a commercially-zoned area directly fronting on San Pablo Avenue, two blocks from Interstate 80. It is located at the intersection of Barrett Avenue and San Pablo, which has commercial uses on all four sides of the intersection: Kentucky Fried Chicken (“KFC”) on the north-west, Car Care Center and Smog Shop on the south-west, and Barocci Motor Group, on the south-east. North of the Project Site are the Tsing Tao Restaurant and Tire Wheel and Pro Shop, and directly across from the Project Site on San Pablo, next to the KFC, is the Goodwill Store, Pizza House, and La Bamba Taqueria. Much of San Pablo Avenue, both inside and outside of Richmond, is characterized by commercial properties fronting San Pablo, with residential uses immediately behind. In other words, there is nothing unique about the Project Site’s setting.
In response to feedback during the public meetings, the Applicant and Dollar Tree agreed to reduce the store hours to 9:00 a.m. to 9:00 p.m. (the hours originally proposed were 8:00 am to 10:00 pm), as identified in Condition of Approval No. 20. These hours are less than the operation hours at most other Dollar Tree Stores throughout the Bay Area and less than many of the surrounding businesses listed below. The businesses marked below with two asterisks (**) are businesses that are located immediately adjacent to residential properties. The proposed Project’s operating hours are less than all of the businesses listed below.
Tsing Tao Restaurant, 12372 San Pablo (closing at 9:30 pm weekdays, 10 pm weekends)**
KFC, 12319 San Pablo Avenue (10 am -10 pm, 7 days)
Wendy’s, 12201 San Pablo Avenue (6:30 am - 1 am, 7 day)** Pizza House, 12343 San Pablo Avenue (10 am-10 pm weekdays, 10 am-11 pm weekends)
Grocery Outlet, 12010 San Pablo (8 am to 9 pm, 7 days a week)** Planet Fitness, 4925 Macdonald Avenue (24-hours 4 days a week)** Zen Day Spa, 12230 San Pablo Avenue (9:30 am – 9:30 pm, 7 days)** Walgreens, 1150 Macdonald Avenue (8 am -10 pm, 7 days)** FoodsCo, 1250 Macdonald Avenue (7 am – 12 midnight, 7 days)** Target, 4500 Macdonald Avenue (8 am – 10 pm, 7 days a week)
The Project’s operating hours of 9 am to 9 pm are compatible with the surrounding commercially zoned setting on San Pablo and are less than many other businesses along San Pablo Avenue including those immediately adjacent to residential properties.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
III. Deliveries
Appeal Claims: “No limit on time delivery trucks can unload into the evening.” (Appeal, Issue, 4.) “Timely/specific/effective measures to control delivery dock & other noise (incl. sound absorbing wall).” (Appeal, Issue, 5.) Response: This appeal claim does not state any Project inconsistency with any City zoning regulation and on that basis alone should be denied. Moreover, the Project as designed and conditioned provides adequate protections for the adjacent residential property associated with delivery truck noise.
The Project will utilize the existing truck loading zone and loading dock entrance at the rear (eastern) portion of the Project Site. Dollar Tree distribution trucks will use this loading area to unload merchandise when the store is closed. As stated during the DRB and Planning Commission hearings, Dollar Tree does not use any mechanized or motorized equipment to unload the trucks, instead the merchandise is placed on a gravity-fed rollers and then carried by hand into the stock room by employees. Dollar Tree deliveries would occur one to two times a week depending on sales, with one time per week being the average.
The Applicant has conducted significant outreach with the immediate neighbor in the residential home abutting the loading area, including two in-person meetings, emails, and a phone call. As part of these efforts, the Applicant and the City worked to craft Conditions of Approval geared toward minimizing the impact of delivery on the residential property to the north of the loading zoning.6 These include installing a new 8-foot-tall fence, adding a row of hedge species in front of the fence, adding acoustic absorbing material to the fence, and limiting the delivery hours as provided in the approved Conditions below:
13. Hedge species shall be either Pittosporum or Potocarpus planting spaced to form hedge or screen buffer to the neighboring properties located to the north.
19. All deliveries by Dollar Tree distribution trucks to the store shall arrive no earlier than 7:00 a.m. and no later than 9:00 p.m.
Dollar Tree distribution trucks shall turn off engines during unloading.7
6 In addition, the Applicant also modified the Project Design to move the trash enclosure (previously located in the loading zone), to the north-western portion of the parking lot to further reduce noise to the adjacent residential properties associated with City trash pick-up. (Condition of Approval 27.) 7 This delivery time constraint would be impossible for Dollar Tree to accommodate at a majority of its other stores locations, as the small delivery window greatly increases delivery costs. In an effort to resolve concerns regarding the adjacency of the existing loading zone to the residence immediately north, the Applicant and Dollar Tree agreed to this restriction.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
26. The applicant shall construct a new 8-foot-tall wooden construction fence along the loading zone, with landscaping hedge along the fence as provided in Condition 13, as shown in the Project Plans dated December 28, 2021. An acoustic absorbent material shall be installed along the portion of this loading zone fence opposite to the loading dock to further reduce potential noise.
This delivery timing allows Dollar Tree to unload the truck when the store is closed, which is necessary to avoid closing down multiple aisles during store hours. The timing also ensures that the loudest portion of the delivery—the truck beeping when backing into the loading zone at arrival time—is scheduled to avoid disturbance to the residence adjacent to the loading zone and other nearby residences on McLaughlin Street.
IV. Signage
Appeal Claim: “Oversized, overwhelming signage despite 24” signs at adjacent commercial use and area Dollar Tree.” (Appeal, Issue, 6.) Response: This appeal claim does not state any Project inconsistency with any City zoning regulation and on that basis alone should be denied. The appeal also does not identify the specific signs to which it is objecting. During the proceedings before the DRB and the Planning Commission the RHNC only objected to the signage on the Barrett Avenue and San Pablo Avenue building elevations, therefore the Applicants respond herein to those previously raised complaints as the RHNC did not exhaust its administrative remedies as to other claims.
The proposed signage on the Project’s San Pablo frontage consists of the words “Dollar Tree” in capitalized green lettering measuring 28 inches high, with the lettering internally lit. The proposed signage on the Project’s Barrett Avenue frontage also consists of the words “Dollar Tree” in capitalized green letters, here stacked vertically, with the letters measuring 30 inches high. During the DRB and Planning Commission hearing process, in direct response to comments from the RHNC regarding the Barrett Street sign, the Applicant and Dollar agreed to move the Dollar Tree sign closer to San Pablo (left of transom windows), and to not internally light the sign.8 but this sign would not be internally lit. None of the Project’s proposed signage faces any residential properties. The San Pablo building elevation faces K.F.C. on the other side of San Pablo, and the Barrett Avenue building elevation faces a used car dealership parking lot.
The Project’s signage is consistent with similar signage in the vicinity of the Project.
For example, the K.F.C. across the street uses both 24-inch and 30-inch lettering on its building, and also includes a face cabinet sign that measures 7 feet high and 5 feet wide.
8 Dollar Tree uses only illuminated signs at a great majority of its store locations, but in an effort to resolve concerns from the RHNC the Applicant and Dollar Tree agreed not to light the Barrett Avenue sign.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
Similarly, the Grocery Outlet store a few blocks down San Pablo Avenue includes two storefront signs measuring 8 feet 6 inches tall by 14 feet wide, with a lettering size of
27.5 inches for the vertically stacked words “Grocery Outlet,” and 13.5 inch lettering for the words “bargain market” underneath.
Finally, the size of the Project’s signage on Barrett Avenue is particularly important to provide visibility to customers driving from the south, northbound along San Pablo Avenue. This was described in a Supplemental Traffic Analysis (“Supplemental Report’) from W-Trans dated October 20, 2021, for the purpose of responding to prior comments from the RHNC regarding the size of the sign letters. As provided in the Supplemental Report, “[s]ignage that is insufficiently sized or not visible may result in a situation where a driver may have difficulty identifying the site entrance in time to safely change lands and access the driveway, thus increasing the potential for sudden and unexpected maneuvers along San Pablo.” The Supplemental Report explained that the need for adequately sized signage on Barrett Avenue frontage was particularly important because of obstructions from trees along San Pablo to the south of the Project Site as drivers head northbound and the single access driveway to the parking lot.
V. Parking Lot Lighting
Appeal Claim: “Total parking lot and sign brightness level (i.e. lumens) for parking lot, etc. not available for review.” (Appeal, Issue, 7.)
Response: This appeal claim does not state any Project inconsistency with any City zoning regulation and on that basis alone should be denied.
Sheet E1.0 of the Project Plans is the Photometric Study prepared by Capital City Design Inc., and was included in the Staff Reports for the Design Review Board and Planning Commission meetings. The primary concern raised by the RHNC during the DRB and Planning Commission meetings with regard to lighting was the issue of spillover on residential properties, which the Applicant demonstrated multiple times will not occur. The Photometric Study provides the footcandles of the lighting and demonstrates that there will not be any spillover into the residential properties, which is shown numerically as 0.0 footcandles on the other side of the fence line to the east of the parking lot.
The Planning Commission’s approval of the Project, as conditioned, ensures that the Project will comply with the City’s zoning code requirements pertaining to lighting.
Condition of Approval 3 directly addresses lighting and City Staff have significantly expanded the language in the Condition as a result of the questions and comments from the RHNC during both the DRB and the Planning Commission hearings. The underlined portion of Condition of Approval 3, shown below, corresponds to language added to respond directly to the RHNC’s comments and requests, including the requirement the Applicant provide lumen calculations prior to construction to ensure compliance with the City’s zoning code requirements.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
3. Lighting installed throughout the site shall consist of pedestrian-friendly lighting at a height that is human scale. Lighting shall also be consistent with International Dark-Sky Association guidelines and include any shielding necessary to limit the amount of light spill over to residential areas. Prior to issuance of any building permit, the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct light is confined to the property and is satisfactory to the Zoning Administrator or his/her designee. Fixtures shall be appropriate to the style and scale of the architecture. The top of the fixture shall not exceed the height of the parapet or roof or eave of roof. No lights shall be greater than 3,000K LED9 and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof. All parking lot fixtures and, on the building, shall be shielded and directed downward so that no light trespasses onto adjacent residential properties, including, if needed, by also using bollard lights and other lower or directed lighting fixture. Total lumens shall be provided on plan sheet E.10.
Nevertheless, for purposes of resolving any concerns of the RHNC, the Applicant has requested that its lighting consultant, Capital City Design, Inc. provide the lumen calculations for the Project’s light fixtures. The Project Site is located in Lighting Zone “LZ3,” which is characterized in the City’s Municipal Code as an area of “high ambient lighting levels.” All of the Project’s proposed light fixtures will be fully shielded.
Below is a table summarizing the permitted maximum lumens and the Project’s lumens, showing the Project is well below the maximum amount permitted.
Use Class and
Lamp Type
Lighting Initial
Output
LZ3 Maximum
Permitted
Project
Class 2 Lighting (General Illumination)
Type S More than 2,000
lumens
Allowed if fully
shielded.
7 fixtures at 5576 lumens,
all fully shielded.
Type A Under 2,000 lumens Allowed, shielding not
required but
recommended.
5 fixtures at 1513 lumens,
all fully shielded
Maximum Total Outdoor Light Output – Commercial Zoning
Commercial
Zoning – LZ 3
Total fully shielded
and unshielded
combined
200,000 7 x 5576 = 39,032
5 x 1513 = 7,565
Total: 46,597
Unshielded only 10,000 0
9 A “warm white” bulb is usually considered to 3000k or below.
City Council for the City of Richmond
February 9, 2022
KIYU-57800\2567714.1
* * * * *
For the reasons stated above, we ask that the City Council deny the appeal by the RHNC and uphold the Planning Commission’s approval of the Project, which approval was supported by substantial evidence. Should the City require any additional information please do not hesitate to reach out to our team.
Sincerely,
MILLER STARR REGALIA
Arielle Harris
Arielle Harris
cc: Kevin Kim and Jennifer Yu, Applicants
Scott Kipnis, Fox Rothschild LLP, Counsel for Dollar Tree Jeff Forman, Regional Director of Leasing, Dollar Tree
Richmond Heights Neighborhood Council
February 16, 2022
City of Richmond City Council
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804VIA E-MAIL: HECTOR [email protected] RE: RHNC Appeal: CUP for Proposed Dollar Tree Store (PLN21-129) Thank you for hearing this appeal to cor^y.ctersome needed, doable corrections to the CUP for the proposed Dollar Tree store at Barrett and San Pablo Avenue.
East Richmond neighbors have communicated with the Dollar Tree store applicants, the Planning Department, and through Design Review Board and Planning Commission meetings about inadequately addressed impacts in the Conditional Use Permit (CUP) for an intensive retail operation within a residential block.
The Planning Commission addressed some concerns, but the Conditional Use Permit remains unbalanced when considering adjacent and nearby residents. As illustrated by this aerial photo, the proposed intensive retail use would occur within a residential neighborhood at a heavily- impacted intersection in Richmond. Not only do we wish to see the impacts to surrounding neighbors addressed adequately, but east Richmond neighbors also support the cohesive development of San Pablo Avenue with inviting, "walkable streets" that can help businesses thrive.
^w
Seven conditions of approval are missing or are inadequate. These Conditions are not supported by substantial evidence in the record. This also represents an abuse of discretion to Attachment 5
the extent that the CUP does not yet adequately address the quality of life, public safety, and property value considerations of the surrounding Richmond neighborhood.
Therefore, we request that the City Council repair this lack of evidence and imbalance by including the following sensible, doable modifications or additions to the CUP:
1. Traffic safety at this location
The property's single parking lot entrance adjoins a congested, fast-moving, rapidly lane- changing block of San Pablo Avenue that is poorly designed for the 800-plus vehicles that the Applicants estimate will be entering and then existing the driveway location on San Pablo Avenue.
The evidence for collision risks from this many vehicles at this location comes not only from the public's written comments and testimony, but also from written or public comments from: a) the Planning Department, b) the Richmond Police Department, and c) the Planning Commission, as follows:
• Twice, Planning Department reports on this CUP stated that "given the proximity of the site to a busy intersection, San Pablo and Barrett Avenues, which is congested at peak t/mes (morning and afternoon), the proposed use may add to traffic backups. In addition, the relatively short distance of the driveway to the street intersection may present additional safety hazards, such as rear-end collisions." (8/25/21 & 9/22/21, Design Review Board (DRB), and 11/4/21 Planning Commission, underlined by author).
The DRB and Planning Commission used their discretion only to include a "Right Turn Only" sign when exiting the driveway, which does not address the public's risk of being rear-ended when entering the site.
• Based on neighbor's comments revealing reports nationwide of crimes associated with Dollar Stores, RHNC requested that Richmond Police Department (RPD) conduct a crime prevention audit of this proposed retail use. We appreciate that the Planning Department contacted the RPD for this audit. In their report to the Planning Commission, RPD outlined some crime prevention measures and the following be considered: "San Pablo Ave and Barrett Ave is a very congested intersection to the EB I- 80 on-ramp located approximately 600 feet from BarrettAve on San Pablo Ave. Traffic tends to back up here in the number 2 and 3 Lanes which is where your parking lot entrance/exit will be located,"
• At the 11/4/21 public meeting of the Planning Commission, the Chair of the Planning Commissioner commented on the precarious traffic situation that has long existed on the block of San Pablo Avenue between Barrett and Roosevelt Streets.
Some major traffic behavior patterns on this
block of San Pablo Avenue. Property driveway
entry and exit in yellow. Store vehicles exit
onto a dedicated freeway onramp-only lane
(red circles), and have to cross lanes to go
northward.
Despite repeated evidence of problems with traffic safety and the opportunity to address safety concerns in their studies, these issues remain unaddressed. The Applicant's response does not respond to this public safety issue.
Instead, the Applicants continue to report
on traffic volume impacts.
There is also no evidence in the approved CUP to suggest that a voluntary "Right Turn Only" sign will sufficiently mitigate the risk of hundreds of vehicles daily both entering this location and exiting to the fast-moving, lane-changing traffic on this section of San Pablo Avenue.
y Resolution: Add Traffic Safety Condition - Due to the continued absence of an effective condition of approval to address traffic safety at this location, the RHNC requests that the CUP include a Traffic Safety Study that describes traffic measures to mitigate against collisions from a) entering and exiting this location, b) attempting to navigate one's desired direction given the speed, lane design, congestion, and lane- changing in this block of San Pablo, and c) to prevent traffic volume and safety impacts on surrounding residential
streets (a direct result of choosing to locate a high-intensity retail use for this location. See #2 below).
The study, design, and construction of traffic safety mitigations could involve exit metering, a bulb-out at Barrett and San Pablo, a dedicated entry lane, a San Pablo Avenue median, etc.
Safety improvements would need to be completed before the store opening. The only other alternative would be to trigger design and construction of traffic safety mitigations following a determined number of traffic collisions related to this operation at this location - hopefully, before there is physical harm to vehicle occupants.
Since the Applicants chose this location with its traffic safety challenges, rather than other unoccupied retail sites in Richmond with safer conditions, the design and construction of traffic safety mitigations should be at the Applicant's expense and under the supervision of the Public Works Department.
2. Control Traffic onto surrounding neighborhood streets The peer-review traffic volume report by Fehr & Peers acknowledges that the right-turn-only sign can increase traffic on the adjacent neighborhood streets, such as Roosevelt Avenue and McLaughlin Street. Vehicles that would not be able to turn left out of the project site and would drive around the project site to access southbound San Pablo Avenue.
The Commission included condition #29 whereby "the Applicant shall work with the City to install a local traffic only sign at San Pablo and Roosevelt Avenue." There is no evidence that