Agenda packet — San Ramon City Council, March 14, 2023 (part 1 of 4)

REVISED

CITY COUNCIL AGENDA
March 14, 2023

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor  Mark Armstrong, Vice Mayor
Scott Perkins, Councilmember  Marisol Rubio, Councilmember  Sridhar Verose, Councilmember Agenda Questions: Please call the City Clerk (925) 973-2539 Documents received after publication of this Agenda and considered by the City Council in its deliberation will be available for inspection in the City Clerk’s Office at 7000 Bollinger Canyon Road, San Ramon during normal business hours and in the red binder at the Council meeting.

Council Chamber
7000 Bollinger Canyon Road

REGULAR MEETING AND
CLOSED SESSION – 7:00 PM

MEETING PROCEDURES
This meeting will be conducted both in-person and remotely via Zoom. Please note that remote participation in the meeting is optional, and if there are technical or connection issues for Zoom, the City Council meeting will continue.

It is recommended that anyone wishing to view and/or participate in the meeting virtually download the Zoom application, www.zoom.us, before the start of the meeting. Zoom participants will have the opportunity to speak during one of the Public Comment periods (for topics not on the agenda), in addition to each of the agendized items.

If you would like to submit written public comment via email, please do so by 5:00 p.m. on Tuesday, March 14, 2023, to [email protected]. Please include “Public Comment 3/14/23” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written comments submitted will be provided to the Council prior to the start of the meeting. Written public comment will not be read aloud during the meeting. If you wish to make your comments heard, you must participate in the Zoom meeting or attend the meeting in person.

Attendee Conduct
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
2 City Council Meeting – March 14, 2023
a. No profanity or obscenity.
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability. d. Respect all people that are present or watching.

At the discretion of the Mayor, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Council unable to continue the meeting;
c. Excessive profanity or slander;
d. Specific threats or “fighting words” that incite violence; or e. Speech that is outside the subject matter jurisdiction of the Council or the specific agenda item in which you are speaking.

HOW TO VIEW OR PARTICIPATE IN THE MEETING:

1. In-Person – San Ramon City Hall, Council Chamber, 7000 Bollinger Canyon Road

2. To view or participate in the meeting through Zoom
Livestream online at: https://cityofsanramon.zoom.us/j/97796298117 Webinar ID: 977 9629 8117
Use the “Raise Your Hand” button to request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be re-muted.

3. To view the meeting live online at: www.sanramon.ca.gov/YouTube

4. To listen or participate in the meeting by telephone, dial: +1 (669) 900-6833 Webinar ID: 977 9629 8117
Use *9 on your telephone to raise your hand and request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be remuted. 3 City Council Meeting – March 14, 2023

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk. If you are participating remotely, click the “Raise Your Hand” button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.

3.3 Board, Committee and Commission Meetings
A complete list of upcoming meetings may be found on the City's website at:
www.sanramon.ca.gov. Subscription service is available at the link for automatic meeting notification. Contact the City Clerk with questions, (925) 973-2539.

4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item. Members of the public who are participating via Zoom will have the opportunity to make comments to the City Council live through Zoom.

Comments from the public on non-agenda items may also be submitted by email to [email protected]. Comments received by email will not be read aloud; however, they will be forwarded to the Council for their consideration. If you wish to present your comments to the public, you may do so in-person, by Zoom, or by telephone during this Public Comment period or the second Public Comment period, later in the meeting. No Council action can be taken at this meeting on issues raised during Public comment, whether submitted in person or remotely. Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon Council approval, the item will be place on the Council Policy Committee Agenda for further consideration.

For the first round of Public Comment on non-agenda items, the first 10 people to speak will have three minutes to address the Council on matters not on the agenda. Any additional Public Comment will be accommodated later in the meeting.

During public comment, members of the public are permitted to address the City Council on:
 Items that are on the Consent Calendar, including requests to pull an item from the consent calendar and the reason why you wish to pull the item or items. Please note that the decision to remove the item from the Consent Calendar is strictly at the discretion of the City Council.
4 City Council Meeting – March 14, 2023
 Requests for Future Agenda Items
 Special Presentation Items under Section 6 of tonight’s Agenda  Items that are not on the agenda and are within the City Council’s jurisdiction.

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input may request (by email to the City Clerk or under Item 4 Public Comment) that the City Council remove the item from the Consent Calendar. Members of the public may request that items be removed from the Consent Calendar, however, the decision to remove the item is solely at the discretion of the City Council.

With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

5.1 Minutes of the City Council Regular Meeting & Closed Session – February 28, 2023
Recommendation: Accept Minutes

5.2 Minutes of the City Council Special Meeting – March 1, 2023 Recommendation: Accept Minutes

5.3 Minute Order 2023-006 –2022 General Plan Annual Report Recommendation: Adopt Minute Order 2023-006

5.4 Resolution No. 2023-026 - Approving Amendment No. 1 to the Memorandum of Understanding with the Service Employees International Union, Local 1021, Which Authorizes Language Expanding Bereavement Leave and Sick Leave Recommendation: Approve Resolution No. 2023-026

5.5 Resolution No. 2023-027 - Approving Amendment No. 3 to the Memorandum of Understanding with the San Ramon Police Officers' Association, Which Authorizes Language Expanding Bereavement Leave and Sick Leave Recommendation: Approve Resolution No. 2023-027

5.6 Resolution No. 2023-028 - Authorizing an Appropriation of $188,000 from the Public, Education, and Government (PEG) Fund 216 to the Public Meeting Enhancement Project (CIP 200010) to Construct Structural and Electrical Improvements to Facilitate the Installation of the City Hall Rotunda Video Wall Recommendation: Approve Resolution No. 2023-028
5 City Council Meeting – March 14, 2023

5.7 Ordinance 518 - Amending Section B6-11 (Containers-Placement), Subsection B.4. (Commercial and Multi-Family Dwellings—Placement of Containers, Signage and Enclosure Requirements) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter I (Solid Waste and Recycling), Article 2 (Solid Waste, Organic Materials and Recyclable Materials Collection Service and Containers) of the San Ramon Municipal Code; Repealing and Replacing Section B6-131 (Public Nuisances) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 1 (General) of the San Ramon Municipal Code; Amending Section B6-141 (Violations) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 2 (Enforcement) of the San Ramon Municipal Code; and Repealing and Replacing Section C6-1 (Definitions) of Title C (Construction, Development and Land Use), Division C6 (Public Works and Flood Control), Chapter I (Encroachments), Article 1 (General Provisions) of the San Ramon Municipal Code
Recommendation: Waive the Second Reading, Read by Title Only, and Adopt Ordinance 518

6. SPECIAL PRESENTATIONS

6.1 Proclamation Declaring March 2023 as American Red Cross Month. Presented by Vice Mayor Armstrong to Larry Fong, Red Cross External Relations Liaison.

6.2 Proclamation Declaring March 2023 as Prescription Drug Abuse Awareness Month. Presented by Vice Mayor Armstrong to April Rovero, Founder/Executive Director of the National Coalition Against Prescription Drug Abuse.

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 PUBLIC HEARING: Resolution No. 2023-029 Denying the Appeal Filed by the Citizens Against Market Place Apartments/Condo Development (CAMPAD); Upholding the Appeal of the Applicant Marketplace at San Ramon, LLC; and Approving the Marketplace Mixed Use Development Project DP 2022-0007; MJ 2022-0005 (Vesting Tentative Map 9607); LUP 2022-0004; AR 2022-0032; TRP 2022-0009; and ENVR 2022-0004 Located at 130 Market Place Subject to Revised Project Findings and Amended Conditions of Approval (APN: 213-701- 002) Marketplace at San Ramon, LLC (Applicant and Property Owner) 6 City Council Meeting – March 14, 2023
Recommendation: Receive the Staff Report, Open the Public Hearing, Receive Testimony from the Appellants, Open Public Comment, Receive Public Testimony, Close Public Comment and Public Hearing, Discuss and Deliberate, and Adopt the City Council Resolution to Deny the CAMPAD Appeal, Uphold the Applicant Appeal Based on Specific Findings, and Approve the Marketplace Mixed Use Development Project Applications, Subject to Revised Project Findings and Amended Conditions of Approval.

CEQA: Consideration of a Categorical Exemption pursuant to Section 15332 (InFill Development Projects) of the Guidelines for the California Environmental Quality Act of 1970, as amended (CEQA Guidelines).

Staff Report by Ryan Driscoll, Associate Planner

11. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS

12. PUBLIC COMMENT
At this time, those in the audience who have not previously spoken under Public Comment are encouraged to address the City Council on any item not already included in tonight’s agenda.

No Council action can be taken at this meeting on issues raised during Public Comment.

Comments should not exceed three minutes. Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon Council approval, the item will be placed on the Council Policy Committee Agenda for further consideration.

13. CLOSED SESSION

13.1 Convene to Closed Session pursuant to Govt. Code §59457(b) for the Consideration of City Manager Succession

13.2 Report on Closed Session

14. ADJOURNMENT
I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting.

Dated: March 10, 2023
Revised: March 13, 2023
7 City Council Meeting – March 14, 2023
The agenda with links to minutes and staff reports is available on the City’s website:
www.sanramon.ca.gov
* * * * *
This Agenda is posted in accordance with Government Code Section 54954.2(a).

To request a disability-related accommodation(s) to participate in the meeting, please contact the City Clerk 72 hours in advance of the meeting at (925) 973-2539. * * * * *
Information for public participation at Council meetings, including the time limits for addressing the Council, is provided on the agenda.

If you have any questions, please contact the City Clerk prior to the meeting. * * * * *
Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting.

Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

Regular City Council meetings may also be viewed at
http://sanramonca.iqm2.com/citizens/default.aspx

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
February 28, 2023

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 7:01 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Excused
Mark Armstrong Vice Mayor Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Marisol Rubio Councilmember Present 7:00 PM
Sridhar Verose Councilmember Present 7:00 PM
Also in attendance: Interim City Manager Steven Spedowfski, City Attorney Martin Lysons, Deputy City Clerk Joan Snashall, Transportation Manager Chris Weeks, Planning Services Division Manager Lauren Barr, Police Chief Denton Carlson, and Administrative Services Director Kelly Sessions.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk.

If you are participating remotely, click the "Raise Your Hand" button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.

4. PUBLIC COMMENT
Public comment was received from Aastha Agrawal, Martin Sutton, Susan FerrisInderkum and Call in User 2. Written public comment was received from Susie FerrisInderkum.

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – February 28, 2023
With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

Before the vote to adopt the consent calendar, Vice Mayor Armstrong introduced and read the Ordinance title for item 5.5 into the record.

Cm. Perkins' motion to adopt the consent calendar items 5.1-5.5 was seconded by Cm.

Verose. A role call vote was taken and the motion passed 4-0-1-0. Mayor Hudson was excused.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
EXCUSED: Hudson

5.1 City Council - Regular Meeting and Closed Session - Feb 14, 2023 7:00 PM Recommendation: Approve Minutes

5.2 Register of Demands as Presented by the City Treasurer (Period Ending January 31, 2023)
Recommendation: Approve Register of Demands

5.3 Resolution No. 2023-021 - Terminating the Proclamation by the Emergency Services Director Regarding the Existence of a Local Emergency Within the City of San Ramon Related to the Spread of COVID-19
Recommendation: Approve Resolution No. 2023-021

5.4 Resolution No. 2023-022 - Authorizing the Mayor to Execute Amendment No. 5 to the Existing Agreement with New Image Landscape Company for Landscape Maintenance Services (C2015-022) in the Amount of $2,996,307 for an Additional One-Year Term Ending June 30, 2024 for a Total Cumulative Amount Not to Exceed $22,059,913, Funded by Landscape and Lighting District 1984-1, Park Development Fund, Dougherty Valley CSA Fund, and General Fund Resolution No. 2023-023 - Authorizing the Mayor to Execute Amendment No. 5 to the Existing Agreement with Brightview Landscape Services for Landscape Maintenance Services (C2015-023) in the Amount of $1,474,553, for an Additional One-Year Term Ending June 30, 2024 for a Total Cumulative Amount Not to Exceed $9,668,513, Funded by Landscape and Lighting District 1984-1, Park Development Fund, Dougherty Valley CSA Fund, and General Fund Recommendation: Approve Resolution Nos. 2023-022 and 2023-023

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – February 28, 2023

5.5 Introduction of Ordinance (Next in Line)-Amending Section B6-11 (ContainersPlacement), Subsection B.4. (Commercial and Multi-Family Dwellings— Placement of Containers, Signage and Enclosure Requirements) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter I (Solid Waste and Recycling), Article 2 (Solid Waste, Organic Materials and Recyclable Materials Collection Service and Containers) of the San Ramon Municipal Code; Repealing and Replacing Section B6-131 (Public Nuisances) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 1 (General) of the San Ramon Municipal Code; Amending Section B6-141 (Violations) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 2 (Enforcement) of the San Ramon Municipal Code; and Repealing and Replacing Section C6-1 (Definitions) of Title C (Construction, Development and Land Use), Division C6 (Public Works and Flood Control), Chapter I (Encroachments), Article 1 (General Provisions) of the San Ramon Municipal Code
Recommendation: Introduce the Ordinance by Title Only (Next in Line), Waive the Reading and Read by Title Only, and Set the Ordinance for Adoption at the March 14, 2023 City Council Meeting

6. SPECIAL PRESENTATIONS

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

8.1 Transportation Advisory Committee Appointment
Recommendation: Approve Appointment to Transportation Advisory Committee Transportation Division Manager Chris Weeks presented the staff report.

Vice Mayor Armstrong opened public comment. Public comment was received from Call in User 2. Vice Mayor Armstrong closed public comment.

Cm. Perkins' motion to accept the Planning Commission's recommendation and appoint Robert DuPont to serve as a regular member on the Transportation Advisory Committee with a term to expire in January 2025, was seconded by Cm. Verose. The motion passed 4-0-1-0. Mayor Hudson was excused.

RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
EXCUSED: Hudson

9. UNFINISHED BUSINESS

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – February 28, 2023

9.1 Resolution No. 2023-024 - Approving General Plan Amendment (GPA 2022-0002) for the Property Located at 2481 Deerwood Drive (APN: 208-640-003) from Office to Multiple Family-High Density Residential And Open Space; and Adopting Initial Study/Mitigated Negative Declaration (ENVR 2022-0002) for the Proposed Project. Initiated by Trumark Homes; Property Owner: Sieva Property, LLC Planning Services Division Manager Lauren Barr presented the staff report.

Cm. Rubio's motion to open the public hearing was seconded by Cm. Perkins. The motion passed 4-0-1-0. Mayor Hudson was excused.

Public comment was received from Elena Formosa. Written public comment was received from Robert Clinger.

Cm. Verose's motion to close the public hearing was seconded by Cm. Perkins. The motion passed 4-0-1-0. Mayor Hudson was excused.

Cm. Rubio's motion to adopt Resolution No. 2023-024 approving General Plan Amendment (GPA 2022-002) for the property located at 2481 Deerwood Drive (APN: 208- 640-003) from Office to Multiple Family-High Density Residential and Open Space; and adopting Initial Study/Mitigated Negative Declaration (ENVR 2022-0002) for the proposed project, initiated by Trumark Homes; property owner: Sieva Property, LLC, was seconded by Cm. Verose. The motion passed 4-0-1-0. Mayor Hudson was excused.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Marisol Rubio, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
EXCUSED: Hudson
ORDINANCE 517- Approving Rezone Application RZ 2022-0001 Amending The City Zoning Map To Rezone Property Located At 2481 Deerwood Drive (APN:
208-640-003) From Administrative Office (OA) To High Density Residential (RH) And Open Space 2 (OS-2)
Recommendation: 1) Adopt the Resolution approving the Mitigated Negative Declaration, and the General Plan Amendment changing the land use from Office to Multiple Family-High Density Residential and Open Space, and 2) Adopt the Ordinance Rezoning the property from Administrative Office (OA) to High Density Residential and Open Space 2 (OS-2)
CEQA: An Initial Study/Mitigated Negative Declaration has been prepared for the project. An electronic copy is available at the following link:
https://cityofsanramon.info/2481DeerwoodDrMND
Cm. Rubio's motion to adopt Ordinance No. 517, approving rezone application RZ 2022- 0001 amending the City Zoning Map to rezone property located at 2481 Deerwood Drive

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR) 5 City Council Meeting – February 28, 2023
(APN: 208-640-003) from Administrative Office (OA) to High Density Residential (RH) and Open Space (OS-2), was seconded by Cm. Verose. The motion passed 4-0-1-0. Mayor Hudson was excused.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Marisol Rubio, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
EXCUSED: Hudson

10. NEW BUSINESS

10.1 San Ramon Police Department Annual Report
Police Chief Denton Carlson presented the report.

Vice Mayor Armstrong opened public comment. Public comment was received by Elena Formosa. Vice Mayor Armstrong closed public comment.

The City Council did not take any action on this item.

10.2 Resolution No. 2023-025 - Authorizing Mid-Year 2022-2023 Budget Adjustments Recommendation: Approve Resolution No. 2023-025
Administrative Services Director Kelly Sessions presented the staff report.

Vice Mayor Armstrong opened public comment. Public comment was received by Elena Formosa. Vice Mayor Armstrong closed public comment.

Cm. Perkins' motion to approve Resolution No. 2023-025 authorizing Mid-Year 2022-23 budget adjustments was seconded by Cm. Verose. The motion passed 4-0-1-0. Mayor Hudson was excused.

RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
EXCUSED: Hudson
The Council took a 10 minute recess and returned to the dais at 9:45 p.m.

10.3 Overview of City Revenue and Presentation of Potential Local Revenue Measure Feasibility Effort
Recommendation: Staff Recommends the City Council Receive the Report and Provide Comments.

Interim City Manager Steven Spedowfski presented the staff report.

5.1 Packet Pg. 10
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR) 6 City Council Meeting – February 28, 2023
Presentation by Bonnie Moss Principal, Clifford Moss Consultants.

Vice Mayor Armstrong opened public comment. Public comment was received by Elena Formosa. Vice Mayor Armstrong closed public comment.

The City Council did not take any action on this item.

11. CITY MANAGER AND CITY COUNCIL MEMBERS' COMMENTS
Vice Mayor Armstrong opened public comment. Public comment was received by Elena Formosa. Vice Mayor Armstrong closed public comment
Cm. Perkins' motion to continue the meeting beyond 11:00 p.m. through closed session was seconded by Cm. Rubio. The motion passed 4-0-1-0. Mayor Hudson was excused.

12. PUBLIC COMMENT

13. CLOSED SESSION
The City Council convened to closed session at 11:05 p.m.

13.1 Convene to Closed Session pursuant to Govt. Code §59457(b) for the Consideration of City Manager Succession
The City Council returned to the regular meeting at 12:15 a.m.

13.2 Report on Closed Session
Vice Mayor Armstrong stated, the Council has met in closed session and given direction to staff and the City's consultant and there is nothing to report at this time.

14. ADJOURNMENT
The meeting was adjourned at 12:15 a.m.

5.1 Packet Pg. 11
Minutes Acceptance: Minutes of Feb 28, 2023 7:00 PM (CONSENT CALENDAR)

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
March 1, 2023

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 6:00 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Excused
Mark Armstrong Vice Mayor Present 6:00 PM
Scott Perkins Councilmember Present 6:00 PM
Marisol Rubio Councilmember Absent
Sridhar Verose Councilmember Present 6:00 PM
Also in attendance: Interim City Manager Steven Spedowfski, City Attorney Martin Lysons, and Deputy City Clerk Joan Snashall.

2. CLOSED SESSION
Vice Mayor Armstrong opened public comment. Public comment was received from Tywon Sacontrie. Vice Mayor Armstrong closed public comment.

The City Council convened to closed session at 6:05 p.m.

2.1 Convene to Closed Session (California Government Code § 54956.9) for Conference with Legal Counsel regarding Existing Litigation: Citizens Against Market Place Apartment/Condo Development, Petitioner, vs. City of San Ramon Mayor David E. Hudson; City Council of San Ramon; Planning Commission of the City of San Ramon; and Lauren Barr, an individual, in his official capacity as Zoning Manager of the City of San Ramon, Respondents (Case No.: N22-1955).

The City Council reconvened from closed session at 7:58 p.m.

2.2 Report on Closed Session
Vice Mayor Armstrong stated, the City Council has met in closed session to discuss the subject litigation, and has nothing to report at that time.

3. ADJOURNMENT
The meeting was adjourned at 7:58 p.m.

5.2 Packet Pg. 12
Minutes Acceptance: Minutes of Mar 1, 2023 6:00 PM (CONSENT CALENDAR)

EXECUTIVE SUMMARY
State Government Code and the City General Plan require an annual report be provided to the City Council and to the State by April 1, 2023 to document the City’s efforts in implementing the General Plan. The 2022 General Plan Annual Report includes the implementation status of the General Plan policies and a summary of the State required Housing Element Annual Progress Report (APR).

On February 21, 2023, the Planning Commission accepted the annual report and forwarded it to the City Council for consideration. Upon acceptance by the City Council, the annual report will be forwarded to the State by the April 1, 2023 deadline as required by the General Plan and in accordance with State law.

RECOMMENDED ACTION
Adopt the Minute Order and forward the final report to the State to demonstrate the City of San Ramon General Plan implementation efforts in accordance with the California Government Code.

BACKGROUND/DISCUSSION
Background
Government Code §65400 (a)(2) and the General Plan requires that an annual report be submitted to the State to document the City’s efforts in implementing the General Plan. The 2022 General Plan Annual Report includes the implementation status of the General Plan policies (Attachment A - Appendix A) and a summary of the State required Housing Element Annual Progress Report (APR).

On February 21, 2023, the Planning Commission accepted the annual report and forwarded it to the City Council for consideration. Upon acceptance by the City Council, the annual report will be forwarded to the Governor’s Office of Planning and Research (OPR) and the California

5.3 Packet Pg. 13
Department of Housing and Community Development (HCD) by the April 1, 2023 deadline as required by the General Plan and in accordance with State law.

In addition to the General Plan Annual Report, staff also provides a biennial Climate Action Plan (CAP) report. A biennial CAP report was provided in 2021; as a result, the next biennial CAP report will be provided with the 2023 General Plan Annual Report in 2024.

General Plan Implementation Status Report
City staff has been actively implementing policies of the General Plan 2035 since its adoption in May of 2015. The fiscal year 2022-2023 City budget incorporates work plan items associated with implementing policies of the General Plan. The 2022 General Plan Annual Report is structured to identify the City’s General Plan implementation strategies and thus serves as the work-plan document for City staff in the on-going implementation of the General Plan. The Report lists specific actions for implementing each General Plan guiding policy, the status of each task and the Department/Division responsible for carrying out those actions. In an effort to facilitate managing and tracking Citywide implementation efforts, Attachment A - Appendix A has been updated with a summary implementation report which highlights City activities and accomplishments in 2022.

Summary Housing Element Annual Progress Report (APR)
State law requires each jurisdiction to report on their annual housing production progress to implement the Housing Element. The Housing Element Annual Progress Report (APR) must be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April of each year (covering the previous calendar year). The APR is prepared according to the standard format recently modified by HCD to incorporate new data requirements pursuant to recent State law changes (Senate Bill 9, 2021, Senate Bill 290, 2021, Assembly Bill 787, 2021, and Assembly Bill 2094, 2022). A summary draft APR response for the City of San Ramon for the 2022 calendar year is included in the 2022 General Plan Annual Report.

FISCAL ANALYSIS
There is no fiscal impact from completion of the General Plan Annual Report.

STEPS FOLLOWING APPROVAL
Staff will forward the report to the State by the April 1, 2023 deadline to demonstrate the City of San Ramon General Plan implementation efforts in accordance with the California Government Code.

ATTACHMENT
A: 2022 General Plan Annual Report

5.3 Packet Pg. 14
2022 General Plan Annual Report Summary
California Government Code §65400 (a2) and the San Ramon General Plan requires that the City submit a report on the status of carrying out the implementation of its General Plan from January 1, 2022 to December 31, 2022. The General Plan Policy Implementation Status Report is included as Appendix A.

The Community Development Department has prepared the 2022 General Plan Policy Implementation Status Report in accordance with guidance provided by the State Office of Planning and Research (OPR). The information included in this Report has been provided by various City Departments. Each element of the General Plan includes brief background information to establish the context for policies in the Element. This background information is followed by two sets of policies:
• Guiding Policies are the City’s statements of its goals and philosophy. • Implementing Policies represent commitments to specific actions.

Each Guiding policy has been listed in the report, with City departments identified under the implementation responsibility column, and the implementation effort in 2022 of each policy is provided in the implementation status update column.

Key efforts that were initiated, continued, or completed in 2022 include:
• Capital Improvement Program (CIP) projects
• Continued the multi-year General Plan Update project, to update all General Plan Elements, including the Housing Element, and other relevant topics to comply with recent updates/mandates in State law, and assess the City’s changing landscape
• Approved a Development Plan Amendment to construct a three-story senior assisted living facility with a capacity of 72 beds and the refurbishment of the El Nido house which will be used as part of the operation of the assisted living facility.
• Approved development entitlements for two housing projects:
o Aspen Wood, 9000 Alcosta Blvd. 122 Below Market Rate (BMR) senior apartment units and one manager unit.
o Bishop Ranch 1A, 6131 Bollinger Canyon Rd., 381-unit rental apartment project. • May 24, 2022: Council authorization for a loan in the amount of $11.2 million from the Affordable Housing Trust Fund to support construction of Aspen Wood Senior Housing Project • October 11, 2022: Council adopted an Affordable Rental Housing Fee Waiver Policy • Continued review of building permit submittals for the City Village development project with a total of 404 housing units and a 2-acre public park.
• Continued review of building permit submittals for Belmont Village Senior Care for 177 housing units (183 beds) for a State-licensed residential care facility for the elderly at Bishop Ranch 1A. • Implemented a Below Market Rate (BMR) Homeownership Program and selected the remaining 6 BMR homeowners for the occupancy of a total 28 BMR units in The Preserve development (formerly Faria).
• The City completed the process of purchasing, acquiring, and reselling one (1) existing moderate income Below Market Rate (BMR) unit located in the Park Central development and converting it to one (1) low income BMR unit with a perpetual resale restriction. • Construction continued on an Emergency Operations Center (EOC) addition as part of a Joint Public Safety Building between the City Police Department and the San Ramon Valley Fire Protection District at 2401 Crow Canyon Road.

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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) General Plan Amendments
• General Plan Amendment and a Rezone to change an existing 4.4-acre parcel from Office use to a Residential and Open Space use for a 61-unit townhome development at 2481 Deerwood Drive is under review.
• In 2022, the City continued the review of a General Plan Update project, to update all General Plan Elements, including the Housing Element, the Climate Action Plan, and other relevant topics to comply with recent updates/mandates in State law, and assess the City’s changing landscape. (See Appendix A for the General Plan Policy Implementation Status Report – 2022 Reporting Year)

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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) 2022 Summary of the Housing Element Annual Progress Report (APR) State law requires each jurisdiction to report on their annual housing production progress to implement the Housing Element. The Housing Element Annual Progress Report (APR) must be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April of each year (covering the previous calendar year). The APR is prepared according to the standard format recently modified by HCD to incorporate new data requirements pursuant to recent State law changes (Senate Bill 9, 2021, Senate Bill 290, 2021, Assembly Bill 787, 2021, and Assembly Bill 2094, 2022). A summary draft APR response for the City of San Ramon for the 2022 calendar year is included below:

Relevant APR Table Information:

Annual (2022) Building Activity Report Summary – New Construction, Entitled, Permits, and Completed Units
• Entitled:
o 286 units were applied for as part of various formal housing development applications and are currently under review
o 504 units were entitled (approved) as part of various formal housing development applications • 263 (Units) Building Permits ISSUED, including:
o 11 Accessory Dwelling Unit (ADU) building permits issued o Aspen Wood: 122 BMR units and 1 manager unit building permits issued o Twin Oaks:
 40 Single-Family detached unit building permits issued  12 Multi-Family 2,3,4-plex unit building permits issued  77 Multi-Family 5+ structure housing unit building permits issued • 79 (Units) Building Permits FINALED, including:
o 14 Accessory Dwelling Units (ADUs) building permits completed with final inspection o The Preserve (formerly Faria Preserve):
 65 Multi-Family 5+ structure housing unit building permits completed with final inspection (includes 6 Below Market Rate units)
Regional Housing Needs Allocation (RHNA) Progress, Permitted Units Issued by Affordability • In the 2022 calendar reporting year, San Ramon had a grand total of 263 housing units issued, including 122 Below Market Rate housing units (13 Extremely Low, 13 Very Low and 96 Low) and 141 Above Moderate housing units (see the attached table) Housing Program Implementation Status Pursuant to Govt. Code Section 65583 • San Ramon continues to implement the 29 Housing Programs identified within the Housing Element which address five (5) areas:
o Housing Conservation;
o Housing Production;
o Provision of Adequate Housing Sites;

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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) o Removal of Governmental Constraints; and o Promotion of Equal Housing Opportunity

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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) Jurisdiction San Ramon ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 20 - - 6 5 4 26 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - 82 - - 6 5 2 96 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 2 162 - - - - 185 - -
Non-Deed Restricted - - - - - - - -
Above Moderate 340 - 386 618 188 275 240 96 98 141 - 2,042 - 1,417
- 388 882 188 275 252 106 289 263 - 2,643 543
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
258 - - - - - - - 13 - 13 245
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
61 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
349
Moderate
516
279
282
Please contact HCD if your data is different than the material supplied here 191
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
455
88 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

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Chapter 2: Economic Development Element

2.3-G-1 Foster a climate in which businesses can prosper. 2.3-I-1 through 2.3-I-9 Economic Development Planning Services Building & Safety Services Engineering Services Transportation Services Park & Community Services  On-going.  Retail Analysis completed in February 2017.  Adopted a General Plan Amendment to the Economic Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 Economic Development Advisory Committee monthly
meetings.
 Initiated outreach to new San Ramon businesses (nonBishop Ranch) to promote the City’s TDM Programs and 511 Contra Costa Commuter Incentives.
 Increased public private partnerships to provide
recreation classes & programs.
 Business Concierge Program established to facilitate
permit review and issuance.
 In 2018, coordinated with the Chamber of Commerce, to develop and implement the first San Ramon Passport Program in support of Small Business Saturday.  City Center Bishop Ranch opened in November 2018.

New tenants continue to open throughout the development as the property owner continues to lease the vacant tenant spaces.

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 In December 2019, a 13,000 sq. ft. Trader Joe’s grocery store opened within a remodeled and expanded tenant space at the Marketplace shopping center.  Adapted an outdoor fitness permit application process to allow fitness oriented businesses to operate outside in City Parks during the COVID-19 pandemic.  In May 2020, the City adopted an Interim Policy and
Application Fee Waiver to allow temporary outdoor restaurant seating and outdoor activities to support the reopening of restaurants, commercial services, and retail shopping related to the COVID-19 pandemic.  Continued the multi-year General Plan Update project, which includes a Market Analysis for Retail, Office, and Industrial development throughout the City.  Launched GoSanRamon, a local Uber/Lyft subsidy
program for reduced cost trips originating from targeted origins in San Ramon, such as City Center, to regional transit hubs.

2.3-G-2
Provide adequate land use designations to accommodate planned development, with business and commercial areas complementing residential and public development in location/access, mix of uses, attractiveness, and environmental quality.

2.3-I-10
through

2.3-I-19
Planning Services Economic Development Transportation Services  On-going.  Zoning Ordinance Update adopted in March 2018.  In November 2020, a Specific Plan Amendment was adopted with refinements to the Crow Canyon Specific Plan (CCSP) and renaming the CCSP to the San Ramon Village Specific Plan (SRVSP).  Adopted the Bicycle Master Plan in April 2018.  Adopted a General Plan Amendment to the Economic Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment

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implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 City Center Bishop Ranch opened in November 2018.

New tenants continue to open throughout the development as the property owner continues to lease the vacant tenant spaces. Continued the multi-year General Plan Update project, which includes a Market Analysis for Retail, Office, and Industrial development throughout the City.

2.3-G-3 Ensure the fiscal and financial health of the City. 2.3-I-20 through 2.3-I-24 Administrative Services Planning Services Economic Development  On-going.  Development Fee Study completed in 2017. By December 2018, the City Council adopted associated Ordinances for the following Development Impact Fees:

Parkland Dedication; Park and Recreation Facilities; Private Sector Arts and Beautification Contribution; Open Space; and Child Care;  A User Fee Study establishing appropriate Planning
Services Division fees was incorporated into an adopted revised Fee Schedule, effective July 1, 2020.  Community Facilities District (CFD) established in 2014; condition of approval as part of residential development project.  Fiscal impact analysis conducted with each proposed
residential development.

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 2022 Redesigned the City budget and received the City’s first Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA).  Received the Certificate of Achievement for Excellence in Financial Reporting from the GFOA for the fiscal year ended June 30, 2021.  Adopted a General Plan Amendment to the Economic
Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 City Center Bishop Ranch opened in November 2018.

New tenants continue to open throughout the development as the property owner continues to lease the vacant tenant spaces.  In December 2019, a 13,000 sq. ft. Trader Joe’s grocery store opened within a remodeled and expanded tenant space at the Marketplace shopping center.  Continued the multi-year General Plan Update project, which includes a Market Analysis for Retail, Office, and Industrial development throughout the City.  In February 2022, construction was completed on a new Costco fueling center at 3111 Fostoria Way.

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2.3-G-4
Work with the private sector to assure an adequate supply of skilled workers and capital improvements needed to attract and maintain business in San Ramon.

2.3-I-25
through

2.3-I-28
Economic Development Planning Services Engineering Services Parks & Community Services  On-going.  Work with educational institutions, Small Business Development Center, and Chamber of Commerce on business education.  Economic Development Advisory Committee (EDAC)
meetings.
 Partnered with local businesses to offer a Teen Job Fair.

2.3-G-5
Strengthen the retail sector in San Ramon in order to expand retail and restaurant options for residents and employees and to increase the tax base -
Economic Development Planning Services
 On-going.  Economic Development Advisory Committee (EDAC) meetings.
 In 2018, coordinated with the Chamber of Commerce, to develop and implement the first San Ramon Passport Program in support of Small Business Saturday.  Adopted a General Plan Amendment to the Economic
Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 City Center Bishop Ranch opened in November 2018
providing additional retail and restaurant options in the City. New tenants continue to open throughout the development as the property owner continues to lease the vacant tenant spaces.  In 2019, construction was completed on a new 10,800 sq. ft. ULTA Beauty Supply retail store located at Magnolia Square (2015 Crow Canyon Pl.).

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 In 2019 construction was completed on a new approx.
16,977 sq. ft. commercial center located at 2017 San Ramon Valley Boulevard. Businesses on the site include Kelly-Moore Paints and O’Reilly Auto Parts.  In December 2019, a 13,000 sq. ft. Trader Joe’s grocery store opened within a remodeled and expanded tenant space at the Marketplace shopping center.  In July 2020, a 169-key hotel development was approved in the City Center project area.
 Continued the multi-year General Plan Update project, which includes a Market Analysis for Retail, Office, and Industrial development throughout the City.

Chapter 3: Growth Management Element

3.1-G-1
Manage the City’s growth in a way that balances existing and planned transportation facilities, protection of open space and ridgelines, provision of diverse housing options, and the preservation of high quality community facilities and services.

3.1-I-1
through

3.1-I-8
Planning Services Engineering Services Parks &Community Services Transportation Services  On-going  City adopted a Zoning Ordinance Amendment in 2012 to enhance the Hillside, Creek, and Ridgeline Areas Chapter.  Fiscal impact analysis conducted with each proposed
residential development.
 In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance.
 GME continues to include performance standards and are reviewed as part of the Development Review process. Annual updates provided to Contra Costa Transportation Authority as part of Growth Management Program Compliance Checklist.

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 Formation of an Open Space Committee.  Adopted in 2020 an updated Parks, Trails, Open Space and Recreation Master Plan to guide delivery of recreation services and development and renovation of parks, facilities and open space for the next 10 years.  In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch development to develop, over a 25 year period, a mix of uses near an existing job-center and transportation networks for up to 4,500 multi-family units, a 169-key hotel, 166,000 sq. ft. commercial space, and several new parking structures. In November 2021, the first development plan was approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) Statelicensed Residential Care Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.  In August 2022, 381 rental units were approved at Bishop Ranch 1A, the second development to be approved under the CityWalk Master Plan.  Continued the multi-year General Plan Update project, to update all General Plan Elements, including the Housing Element for the 6th Housing Cycle (2023 to 2031), the Climate Action Plan, add new relevant topics to comply with recent updates/mandates in State law, and assess the City’s changing landscape.

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3.2-G-1
Ensure the attainment of public facility and service standards through the City’s development review process, Capital Improvement Program (CIP), and a variety of funding mechanisms to maintain existing facilities and help fund expansion.

3.2-I-1
through

3.2-I-6
Planning Services Engineering Services Parks &Community Services Transportation Services  On-going.  Fiscal impact analysis conducted with each proposed residential development.
 Development Fee Study completed in 2017. By December
2018, the City Council adopted associated Ordinances for the following Development Impact Fees:

Parkland Dedication; Park and Recreation Facilities; Private Sector Arts and Beautification Contribution; Open Space; and Child Care;  GME continues to include performance standards for
public facilities and services which are reviewed as part of the Development Review process. Annual updates are provided to Contra Costa Transportation Authority as part of Growth Management Program Compliance Checklist.  Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan to guide delivery of recreation services and development and renovation of parks and facilities for the next 10 years.  San Ramon Traffic Impact Fee Update study to be
completed in 2023.
 Tri-Valley Transportation Development Fee Nexus Study completed in 2022.
 The City obtained funding through a Certificate of
Participation Debt Service Financing to fund various facility renovations and upgrades to the Alcosta Senior & Community Center, San Ramon Community Center,

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Dougherty Station Community Center and the San Ramon Olympic Pool.  Annual review/adjustment of Community Facilities
District (CFD) Tax Rates and Levy.

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3.3-G-1
Maintain acceptable traffic Level-of-Service on City streets and roadways through implementation of Transportation Demand Management (TDM), Growth Management, the Capital Improvement Program, and traffic engineering operational measures.

3.3-I-1
through

3.3-I-7
Engineering Services Transportation Services
 On-going.  Through the development review process, projects must comply with the City’s traffic and circulation standards.  The City, as part of the Countywide 511 Contra Costa
TDM Program which promotes commute alternative programs and provides financial incentives to participants that bike, walk, telecommute, carpool, transit and/or vanpool to work.. Given the changing environment due to COVID-19, changes to the incentive programs are inevitable, and ongoing.  Implemented the Countywide 511 Contra Costa program
for students, called Pass2Class, which provides students with “free” rides provided by County Connection.  Implemented a Citywide employer transportation survey in October 2018. Final report completed in 2019. Overall, the City maintains a 73 percent drive alone rate, with 27 percent of commuters using a commute alternative.  Reviewed annually as part of 5-year CIP budget process.  Bicycle Master Plan projects to be reviewed each year as part of the annual Capital Improvement Program (CIP) process. Bicycle facility improvements are being completed Citywide with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Bike Buffer Lanes, Bike Conflicts Zones and new Bike Lanes.  Perform annual Dougherty Valley traffic mitigation LOS intersection counts and Citywide LOS counts. Completed for 2022.

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 Completed design and began construction for the Crow
Canyon Road Widening Project (Alcosta Blvd to St
George Road).
 Intelligent Transportation System (ITS) Master Plan
adopted in October 2018. First fiber optic cable
installation project completed in 2022.
 Innovative Deployments to Enhance Arterials (IDEA)
Grant for implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections in 2020. Bicycle detection camera systems at 20 intersections completed in 2021. Additional detection camera systems installed at four intersections in 2022.

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3.4-G-1
Utilize Transportation Demand Management (TDM) strategies as an integral component of the City’s transportation program to reduce total vehicle trips on San Ramon roadways and reduce the corresponding vehicle emissions that promote regional air quality improvements.

3.4-I-1
through

3.4-I-7
Transportation Services Engineering Services
 On-going.  Measure J Traffic Congestion Relief Agency (TRAFFIX) provides school bus service to nine school sites in San Ramon. Added two new routes to Coyote Creek Elementary School for School Year 2018/19.  Hired new TRAFFIX Program Coordinator in 2021 and
part time assistant in 2022.Program was on hold due to COVID-19 Shelter in Place orders. With school in session for SY 21-22, program implemented with “social distancing” in place on all TRAFFIX buses on a “hybrid” attendance schedule.  The City, Contra Costa County, and Tri-Valley public and private agencies, sponsor annual events with local schools and employer sites, such as commuter fairs and Bike to Work Day. In 2022, the Bay Area Bike to Work Day was held on May 20th and Bike to Wherever Days was promoted throughout the month of May.
 Implemented the 511 Contra Costa Countywide Summer
Bike Challenge in 2021 and held again in 2022.
 Through the City’s CIP and development review program, future transit design, bus shelter locations and improvements are identified.  Installation of new Marquee at San Ramon Transit Center completed in 2022.
 Shared Mobility Hub (SMH) grant received for San
Ramon Transit Center enhancements, including installation of 4 additional electronic message boards, two bike fix-it stations and pedestrian/crosswalk enhancements including ADA upgrades.

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 The CityWalk Master Plan provides an increased level of convenience to promote transit use through the establishment of Shared Mobility Hubs to accommodate multiple public and shared transit options.  As part of the CityWalk development, residents will be offered free bus passes.
 Identified a new design for Citywide transit shelters, initiated tasks to install new transit shelters in Dougherty Valley and/or replace existing transit shelters. Completed installation of four new transit shelters in Dougherty Valley in 2019. Ongoing efforts are being made to seek new transit shelter funding.  Adopted the Bicycle Master Plan in April 2018.

Completed in 2019. Components of the Strategic Plan

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have been implemented, such as enhanced collaboration with regional partners, consistent countywide marketing.  Reviewed the proposal for County Connection Transit
Service Restructure. New service plan implemented March 2019. Eliminated services to parts of south San Ramon and expanded service to Dougherty Valley. In lieu of service elimination in South San Ramon, on-demand service created and implemented November 2019. The ondemand service continued in 2020; however, low ridership due to COVID-19 Shelter in Place orders. Ridership in 2022 has seen ongoing monthly increases.  Supported the continued deployment of autonomous
vehicles to reduce vehicle trips inside Bishop Ranch Business Park. The Pilot Program was completed in 2018, and a next phase of operational testing will begin in 2023.  Increased the Senior Van Transportation program to
include a stop at the San Ramon Transit center to bring seniors who live outside of San Ramon to and from the Senior Center. Currently, the Senior Van service runs four days a week, both in the morning and afternoon.  The updated Parks, Trails, Open Space and Recreation
Master Plan adopted in 2020 identifies connectivity and access to walking routes and bike routes as a primary objective.  Launched GoSanRamon, a local Uber/Lyft subsidy
program for reduced cost trips originating from targeted origins in San Ramon to regional transit hubs.

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3.5-G-1
Participate in regional cooperative and multijurisdictional transportation planning for the maintenance of regional mobility and air quality standards as required by the Measure J Growth Management Program and the Contra Costa Congestion Management Plan (CMP).

3.5-I-1
through

3.5-I-6
Planning Services Transportation Services Engineering Services  GME continues to include performance standards
reviewed as part of the Development Review process. Annual updates provided to Contra Costa Transportation Authority as part of Growth Management Program Compliance Checklist.  City submits the Growth Management Program (GMP)
Compliance Checklist biannually.
 Member of the Association for Commuter Transportation (ACT) and Director at Large position of the local Northern CA ACT Chapter.  Provide administrative staff support to Southwest
Transportation Planning Committee (SWAT) and effective July 1, 2020, provide administrative staff support to TriValley Transportation Council (TVTC), for a two-year term, ending June 30, 2022.  Member of the Tri Valley Transportation Council
Technical Advisory Committee (TVTC TAC).
 Member of the Countywide Bicycle Pedestrian Advisory
Committee (CBPAC).
 Member of the Contra Costa County Transportation
Authority Technical Coordinating Committee (TCC).

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3.6-G-1
Promote the opportunity to both work and live in San Ramon through implementation of the Housing Element.

3.6-I-1
through

3.6-I-4
Planning Services Economic Development Transportation Services Engineering Services  On-going.  Development of Workforce Housing on-going.  In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance.
 Deer Creek (North) Senior Apartment development
(restricted to low, very-low, and moderate households), providing 261 multi-family units, completed construction in 2019.  Deer Creek (South) Apartment development (restricted to moderate households), providing an additional 185 multifamily units has begun construction and is anticipated for completion in 2024.The project was originally designated for seniors, however, the City worked to remove the age restriction to provide opportunities to more households.  As part of each development application review,
comments and conditions are provided to address implementation of Housing Element policies.  In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch development to develop, over a 25 year period, a mix of uses near an existing job-center and transportation networks for up to 4,500 multi-family units. The Project is required to comply with the recently adopted Inclusionary Housing and Commercial Linkage Ordinance.  In November 2021, the first development plan under
CityWalk was approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) State-licensed Residential Care Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.

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 The Preserve development (formerly Faria) was approved with 28 units for low and very-low households. In 2019, began implementation of a Below Market Rate (BMR) Homeownership Program with an administrator (HouseKeys) to determine the eligibility of households and conduct a selection process for the 28 BMR units in The Preserve development. Through 2022, the remaining 6 of 28 BMR units have been occupied by eligible households selected through the BMR Homeownership Program.  In September 2021, a 57 for-sale multi-family unit
housing project was approved for 500 Deerwood Road. Building permits are currently under review.  In November 2021, the City Village development project was approved to replace the Bishop Ranch 6 office development located at Camino Ramon and Executive Parkway with a total of 404 housing units (268 for-sale detached single-family units; 136 for-sale multi-family units) and a 2-acre public park. Construction is underway with anticipated completion in 2029.  In December 2021, a 47 for-sale multi-family unit housing project with an additional 16 Accessory Dwelling Units (ADUs) was approved for 2701 Hooper Drive.  In March of 2022, 122 lower income BMR units and 1
managers unit was approved for the Aspen Wood senior housing development at 9000 Alcosta Blvd.  In September 2022, 381-unit apartment development was approved at Bishop Ranch 1A, 6131 Bollinger Canyon Rd. as part of the CityWalk Master Plan.

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Guiding
Policy
Number
Guiding Policy
Impleme
ntation
Policies
Implementation
Responsibility Implementation Status Update
Chapter 4: Land Use Element

4.6-G-1
Foster a pattern of development that enhances the existing character of the City, and encourages land use concepts that contribute to the design of the community.

4.6-I-1
through

4.6-I-31
Planning Services Economic Development
 On-going.  Reviewed in conjunction with Development applications.  In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance
 Zoning Ordinance Update adopted in March 2018.  Adopted a General Plan Amendment to the Economic Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 General Plan 2035 update completed in 2015 to evaluate non-residential and mixed use standards.
 In October 2019, a consolidated General Plan
Amendment was approved which included a minor technical adjustment (less than 25-acres) to the Urban Growth Boundary (UGB) by approximately 15-acres at the Laborer’s Property (1001 Westside Dr.) to reflect the existing built urban conditions of the Laborer’s training facility.  In June 2020, approved a Development Plan for a new
8,280 sq. ft. single-story building with associated parking and landscape for an Animal Services – Boarding/Training land use (Camp Bow Wow) on a 0.60-acre vacant property located at 2040 Faria Preserve Pkwy. Construction started in 2022.

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Guiding
Policy
Number
Guiding Policy
Impleme
ntation
Policies
Implementation
Responsibility Implementation Status Update
 In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch development to develop, over a 25 year period, a mix of uses near an existing job-center and transportation networks for up to 4,500 multi-family units, a 169-key hotel, 166,000 sq. ft. commercial space, and several new parking structures.  In November 2021, the first development plan was
approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) State-licensed Residential Care Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.  On November 30, 2020, the final annexation of the
developed areas of Dougherty Valley (Dougherty Valley Annexation No. 18) became effective. The annexation area includes 901 acres of land, 978 housing units (at buildout), a future retail shopping center, an elementary school (Bella Vista), three (3) public parks, and open space.  In 2022, continued the multi-year General Plan Update project, to update all General Plan Elements, including the Housing Element for the 6th Housing Cycle (2023 to 2031), the Climate Action Plan, add new relevant topics to comply with recent updates/mandates in State law, and assess the City’s changing landscape. Approval of the Housing Element anticipated January 2023.

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4.7-G-1
Consider the use of Specific Plans, and other area plans to develop land use programs that reflect specific area conditions and land use needs.

4.7-I-1
through

4.7-I-7
Planning Services
 On-going. Northwest Specific Plan approved November 2006 North Camino Ramon Specific Plan adopted in 2012. In November 2020, a Specific Plan Amendment was adopted with refinements to the Crow Canyon Specific Plan (CCSP) and renaming the CCSP to the San Ramon Village Specific Plan (SRVSP).  Adopted a General Plan Amendment to the Economic
Element and associated Elements in December 2018. An associated Zoning Ordinance Text Amendment implementing the General Plan Amendment was adopted in February 2020.  Adopted an updated Economic Development Strategic
Plan in April 2019.
 City Hall has been completed. Construction of the City Center Bishop Ranch began in 2016, and opened in November 2018.  In March 2019, approved development entitlements in
compliance with the Crow Canyon Specific Plan (CCSP) for a 90-room hotel and an associated parking structure located at 2231 Omega Road.  In July 2019, approved development entitlements for Twin Oaks (formerly The Promenade at The Preserve (Neighborhood V)) in compliance with the Northwest Specific Plan, including 40 single-family units, 122 multifamily units, and a 2-acre future house of worship parcel. Construction began in 2021.  In 2021, approved development entitlements for two
housing projects (500 Deerwood Road - 57 for-sale multifamily housing units; and 2701 Hooper Drive - 47 for-sale multi-family housing units with an additional 16 Accessory Dwelling Units (ADUs)) which were deemed

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consistent with the San Ramon Village Specific Plan (SRVSP). Construction is anticipated to begin in 2023.  In November 2021, the City Village development project (including a Specific Plan Amendment to the North Camino Ramon Specific Plan) was approved to replace the Bishop Ranch 6 office development located at Camino Ramon and Executive Parkway with a total of 404 housing units (268 for-sale detached single-family units; 136 for-sale multi-family units) and a 2-acre public park. Construction began in 2022.  In 2022, the Specific Plan Amendment and development
entitlement applications for an amendment to the Westside Specific Plan to allow an 72-bed senior assisted living facility (El Nido Senior Assisted Living Project) located 19251 San Ramon Valley Blvd was approved. Construction is anticipated to begin in 2023.

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Guiding
Policy
Number
Guiding Policy
Impleme
ntation
Policies
Implementation
Responsibility Implementation Status Update

4.8-G-1 Maintain and enhance San Ramon’s identity.

4.8-I-1
through

4.8-I-20,
and

4.9-I-1
Planning Services Engineering Services Parks & Community Services Public Services Building & Safety Services Transportation Services  On-going. Architectural Review Board staff reports
incorporate analysis of projects in relation to San Ramon’s architectural standards.  Updates to the trails map completed in 2017 Completed design for the Iron Horse Trail Bollinger Canyon Rd. Overcrossing Project. Construction to begin in 2023.  Implemented a Civic Building Multi-Cultural Lighting
Policy and Program.
 Implementation of Phase 1 and Phase 2 of the Utility Box Art Program.
 Generated partnerships with cultural groups to increase cultural events in San Ramon (Diwali, Durga Puja, Lunar New Year, and Maya Bazzar.)  Update to City’s Annual CIP to maintain and enhance
San Ramon.
 New Beautification/Art Fees adopted and will incorporate more improvements.
 Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan to guide delivery of recreation services, programs and park development.  Adopted the Bicycle Master Plan in April 2018.

Subsequently, bicycle facility improvements are being completed Citywide with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Buffered Bike Lanes, Bike Conflict Zones and new Bike Lanes.

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Guiding
Policy
Number
Guiding Policy
Impleme
ntation
Policies
Implementation
Responsibility Implementation Status Update
 Expanded the Culture in the Community Event to include additional organizations, cultural booths, and an expanded outdoor stage to accommodate more multicultural performances.  Participated in a regional temporary Public Art project titled “Picture This” that utilized local artists to create large picture frames that were placed throughout the city for residents to take pictures in iconic locations.

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Chapter 5: Traffic and Circulation Element

5.1-G-1
Maintain acceptable levels of service and ensure that future development and the circulation system are in balance.

5.1-I-1
through

5.1-I-7
Engineering Services Transportation Services
 On-going.  Monitor key intersections on annual basis. Review traffic studies for private development projects.
 Monitor signalized corridors and adjust signal timing for traffic conditions.
 Completed construction of the Bollinger Canyon Road
Widening Project from Alcosta Boulevard to the I-680 Freeway.  Completed design and began construction for the Crow
Canyon Road Widening Project (Alcosta Blvd to St George Road); construction to be completed 2023.  Incorporate offsite circulation improvements into the 5- year CIP budget process.
 Innovative Deployments to Enhance Arterials (IDEA)
Grant for the implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections, in 2020.  Adopted the Bicycle Master Plan in April 2018.

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 Construction of a traffic signal on Fostoria Way required as mitigation for the Costco fueling center is in operation and anticipated to be accepted by the City in 2023.
 Adopted the Intelligent Transportation System (ITS)
Master Plan in October 2018.
 Construction and installation of fiber optic cable
connecting to City Hall to increase communication bandwidth with traffic signals and with other City facilities in the future completed in 2020.  Construction and installation of fiber optic cable trunk line on Bollinger Canyon Road from Talavera Drive to Dougherty Road (N) and Dougherty Road from Crow Canyon Road to Bollinger Canyon Road (N) completed in 2022.  Continue to collect both local and regional traffic impact fees and develop mitigation measures to offset traffic congestion related to future growth.  Research and apply for grant opportunities that help
further the cities circulation goals, enhancing safety and connectivity for all roadway users.

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5.2-G-1 Actively participate in local and regional transportation planning. 5.2-I-1 through 5.2-I-7 Engineering Services Transportation Services  On-going.  Tri-Valley Transportation Action Plan adopted in 2017, included the identification of the Iron Horse Trail as a Route of Regional Significance.  The Tri-Valley Nexus Study was adopted in August 2021.

Strategic Expenditure Plan (SEP) update underway with new SEP expected to be adopted April 2022.  Participate on Contra Costa Transportation Authority’s Innovate 680 Policy Committee and Technical Committees, and the Countywide Smart Signals Project.  Member of Tri-Valley Transportation Council, Southwest Area Transportation and Southern Contra Costa Fee Program, 511 Contra Costa, Tri-Valley San Joaquin Regional Rail Authority, Innovate 680, Association for Commuter Transportation (ACT), and Local Northern CA ACT Chapter.  City submits the Growth Management Program (GMP)
Compliance Checklist biannually.
 Parks and Community Services represents San Ramon
and Danville on a regional committee to address senior transit issues.  Member of the Contra Costa County Transportation
Authority Technical Coordinating Committee (TCC), Countywide Bicycle and Pedestrian Advisory Committee (CBPAC).

5.3-G-1
Encourage transportation facilities that consider the users’ safety and allow for all modes of travel based on local conditions and needs of the community.

5.3-I-1
through

5.3-I-4
Engineering Services Transportation Services
 On-going coordination with local jurisdictions and Fire Districts.
 City administers Street Smarts/Safe Routes to School
Programs (SRTS) and provides monthly RTC update to Transportation Advisory Committee.

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 As part of the Safe Routes to School Program, continue to implement the three E’s, Education, Engineering and Enforcement to encourage students to walk and bike to school. Continue to develop suggested walking maps and distribute through all school sites.  Adopted the Bicycle Master Plan in April 2018.

Subsequently, bicycle facility improvements are being completed with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Buffered Bike Lanes, Bike Conflict Zones and new Bike Lanes.
 On-going implementation of Complete Streets Design
Guidelines in CIP and private land development projects.  Applied for and awarded grant to install Rectangular
Rapid Flashing Beason (RRFB) System at Bollinger Canyon Road / Marsh Drive and Bollinger Canyon Road / Dos Rios Drive. Construction completion anticipated in 2023.  Innovative Deployment of Enhanced Arterials (IDEA)
Grant for implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections, in 2020.  Bicycle detection camera systems at 20 intersections
completed in 2021. Additional detection camera systems installed at four intersections in 2022.  Adopted Local Roadway Safety Plan through a local
Highway Safety Improvement Project (HSIP) grant in April 2022.  Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan that includes recommendations and plans for future trails / routes to

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increase connectivity for pedestrians and bicycles
throughout San Ramon.
 Received a grant to upgrade multimodal facilities at the Sn Ramon Transit Center.

5.4-G-1
Design arterial roadways to efficiently move inter-city traffic, thereby minimizing through-traffic in residential areas of the City.

5.4-I-1
through

5.4-I-9
Engineering Services Transportation Services Public Services  On-going.  The City requires all new development to pay traffic mitigation fees at the time of building permit issuance.  Conditioned as part of project conditions of approval and/or City permits.
 Completed construction of the Bollinger Canyon Road
Widening Project from Alcosta Blvd. to the I-680 Freeway, including southbound on-ramp continuous green project with Caltrans.  Completed design and construction in progress for the Crow Canyon Road Widening Project from Alcosta Boulevard to St. George Road.  Innovative Deployment of Enhanced Arterials (IDEA)
Grant for implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections, in 2020.  Adopted the City’s first Bicycle Master Plan in April 2018. Subsequently, bicycle facility improvements are being completed with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Bike Buffer Lanes, Bike Conflicts Zones and new Bike Lanes.  Applied for and awarded grant to install Rectangular
Rapid Flashing Beason (RRFB) System at Bollinger

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Canyon Road / Marsh Drive and Bollinger Canyon Road / Dos Rios Drive. Construction completion anticipated in 2023.

5.5-G-1
Design collector and local roadways to improve circulation and to connect residential and commercial areas of the City while incorporating Complete Streets concepts pursuant to Policy 5.3-I-2 where appropriate.

5.5-I-1
through

5.5-I-6
Engineering Services Transportation Services
 On-going.  Continued implementation of the City’s Residential Traffic Calming (RTC) Program. The Transportation Advisory Committee (TAC) collaborates with staff to address RTC-related issues throughout the City including requests for speed humps. Initiated update to RTC program in 2020, with new Program Tool Kit and Program Policies adopted in 2021.  Adopted the Bicycle Master Plan in April 2018.

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5.6-G-1
Utilize Transportation Demand Management (TDM) strategies as an integral component of the City’s transportation program to reduce total vehicle trips on San Ramon roadways and reduce the corresponding vehicle emissions that promote regional air quality improvements.

5.6-I-1
through

5.6-I-16
Engineering Services Transportation Services
 On-going.  The City’s TDM Programs and services are available to all San Ramon employers. The City encourages businesses to promote the 511 Contra Costa Commuter Programs at employment sites.  The 511 Contra Costa Countywide Incentive Programs
have been incorporated into private sector TDM Programs.  On-going implementation of Traffic Safety Programs,
including Safe Routes to School.
 Adopted the City’s first Bicycle Master Plan in April 2018. Subsequently, bicycle facility improvements are being completed with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Buffered Bike Lanes, Bike Conflict Zones and new Bike Lanes.  On-going. Transportation Demand Management (TDM)
Advisory Committee bi-monthly meetings.
 Completed the Citywide Employer Transportation Survey.

Overall City maintains a 73% drive alone rate, with 27% commuters using commute alternative.  Installed new Electronic Bike Lockers at San Ramon
Transit Center January 2022.

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5.6-G-2
Encourage trip reduction measures in an effort to reduce vehicle-miles-traveled, improve air quality, and reduce greenhouse gas emissions.

5.6-I-17
through

5.6-I-19
Engineering Services Transportation Services Planning Services  On-going.  The NCRSP was adopted in July 2012 to encourage infill and TODs.
 Reviewed in conjunction with Development applications.  Adopted the Bicycle Master Plan in April 2018.

Subsequently, bicycle facility improvements are being completed with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Buffered Bike Lanes, Bike Conflict Zones and new Bike Lanes.
 On-going implementation of Complete Streets Design
Guidelines in CIP and private land development projects.  On-going 511 Contra Costa Commuter Incentive
Program.
 Increased the Senior Van Transportation program to
include a stop at the San Ramon Transit center to bring seniors who live outside of San Ramon to and from the Senior Center. Currently, the Senior Van service runs four days a week, both in the morning and afternoon.
 The CityWalk Master Plan provides an increased level of convenience to promote transit use through the establishment of Shared Mobility Hubs to accommodate multiple public and shared transit options.  As part of the CityWalk development, residents will be offered free bus passes.
 Launched GoSanRamon, a local Uber/Lyft subsidy
program for reduced cost trips originating from targeted origins in San Ramon to regional transit hubs.  Launched Micromobility pilot program in 2022 providing fleet of shared use ebikes and escooters.

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5.7-G-1
Encourage bicycling and walking as alternatives to driving, consistent with Complete Streets concepts.

5.7-I-1
through

5.7-I-14
Engineering Services Transportation Services
 On-going.  Master Trail Plan and map completed in 2017.  Adopted the Bicycle Master Plan in April 2018.

Subsequently, bicycle facility improvements are being completed with projects such as the annual Pavement Management Program and the Citywide Bicycle Network Improvements and Enhancements CIP, including installation of Buffered Bike Lanes, Bike Conflict Zones and new Bike Lanes.
 In 2022, the Bay Area Bike to Work Day was held on May 20th and Bike to Wherever Days was promoted throughout the month of May.  Implemented the 511 Contra Costa Countywide Summer
Bike Challenge in 2021.
 Completed design for the Iron Horse Trail Bollinger
Canyon Road Overcrossing project, begin construction in 2023  On-going implementation of Complete Streets Design
Guidelines in CIP and private land development projects.  The City, as part of the 511 Contra Costa TDM Program, provides funding to install bike racks and/or bike lockers.  Applied for and awarded grant to install Rectangular
Rapid Flashing Beason (RRFB) System at Bollinger Canyon Road / Marsh Drive and Bollinger Canyon Road / Dos Rios Drive. Construction completion anticipated in 2023.  Conducting ongoing educational campaign for all
roadway users through Street Smarts program, Safe Routes to School program, Citywide Newsletter and citywide social media channels.  Installed new E-Bike Lockers at San Ramon Transit
Center.

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 Bicycle detection camera systems at 20 intersections, completed in 2021. Additional detection camera systems installed at four intersections in 2022.  Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan that includes a focus on connectivity and trails including proposed improvements to the Iron Horse Trail and the development of a walking district in San Ramon.  Completion of a trail from Old Ranch Park to the Dublin Border and connecting to a Dublin Trail through the Dougherty Hills Open Space. Timing to be determined.  Adoption of the San Ramon Walking District Plan in
2022.
 Launched Micromobility pilot program in 2022 providing fleet of shared use ebikes and escooters.
 Completed design of the Bollinger Canyon Road Iron
Horse Trail Pedestrian and Bicycle Overcrossing; construction to begin in 2023.

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Chapter 6: Parks and Recreation Element

6.5-G-1
Create and maintain a highquality public park system for San Ramon.

6.5-I-1
through

6.5-I-19
Parks & Community Services Public Services
 On-going.  Adopted in 2020 an updated Parks, Trails, Open Space and Recreation Master Plan to guide development and renovation of parks, facilities and open space for the next 10 years.  Development of site specific recommendations for
renovation of Crow Canyon Gardens and begun the process of creating a Park Masterplan that includes the preservation of a portion of the Mudd’s Building as an option.  Developed a volunteer Gardening program for the
Demonstration Gardens at Crow Canyon Gardens that utilizes individuals, businesses and youth groups to offset maintenance costs and improve the quality of the park.  Completed an assessment of the FHF structures to plan for future renovation. Developed a design concept for the Community Garden and specifications for the re-roofing of the Boone House. Completed renovation and painting of the Welcome Center, Mechanics Garage, 1860 Open Barn, Granary and Fuel Shed, and began design for the renovation of the Grotto.  Completion of the renovation and painting of the Meat Locker, David Glass House lead and asbestos abatement, siding and window renovations and painting and the addition of the display lighting to the 1860 Open Barn.  Approved park plans for Phase 2 of Rancho San Ramon
Community Park, Critter Crossroads Park, and Sunrise Ridge Park (formerly The Preserve Community Park). All parks are presently under construction.  Master Trail Plan completed and map completed in 2017.

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 Implemented an updated annual park maintenance plan
and sports field management program.
 Replaced the EZ to Hike App with the Outer Spatial App which provides turn by turn directions on smart phones for trails in San Ramon.  In 2019, the Laborer’s Union agreed to proceed with a 177-acre dedication of parkland located in the City’s Planning Area (outside City Limits); a portion of which includes the Big Canyon Nature Preserve area, to the East Bay Regional Park District. The transfer of land was completed in 2020.  Continued operation of community gardens at Crow
Canyon Gardens and the Alcosta Senior and Community Center.  Received Prop 68 grant funds to add shade structures to Creekside Park, Piccadilly Park, Red Willow Park, Six Pillars Park and the playground at Rancho San Ramon Park.  Initiated a community wide survey and research project on San Ramon Dog Parks with a focus on how best to meet the current needs of dog owners and non-dog owners in the Community. The conversion to turf surfacing at Bark and Ride Dog Park to be completed in 2023.  Partnered with Contra Costa County Library and the San Ramon Rotary to add a Storywalk to Central Park.
 Approved Park Conceptual plans for BR6 City Village
Park.
 Endorsed the BR1A Park Conceptual Plan presented by
Bishop Ranch. The BR1A Park will be the first privately owned and maintained but publicly accessible park in San Ramon.

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Chapter 7: Public Facilities and Utilities Element

7.1-G-1
Provide public and cultural facilities that contribute to the City’s positive image and enhance community identity.

7.1-I-1
through

7.1-I-3
Parks & Community Services
 On-going.  Generated partnerships with cultural groups to increase cultural events in San Ramon (Diwali, Durga Puja, Lunar New Year, and Maya Bazzar).  Expanded the Culture in the Community Event to include additional organizations, cultural booths, and an expanded outdoor stage to accommodate more multicultural performances.  CIP Implementation updated annually.  Updated the online Interactive Public Art Map, which allows users to see images of all the public art pieces throughout San Ramon.  Implemented a temporary Public Art Installation using recycled signs “Signs of Hope” at Central Park and the Dougherty Station Community Center.  Improved the gym floor at Iron Horse Middle School to include pickle ball and badminton striping and sleeves to allow for more community play.  Collaborated with the Diablo Valley Community College District to ensure that the new College library on the Dougherty Valley Campus would be open to the general public.  Approved the Library Public Art Project with final
installation planned for 2023
 Approved two public art pieces for installation in the BR6 Park in City Village
 Approved a new location for the Bronze Eagle public art project at Memorial Park final installation planned for 2023

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7.2-G-1
Collaborate with the San Ramon Valley Unified School District in their efforts to ensure that all school age children have equal access to equitable facilities.

7.2-I-1
through

7.2-I-4
Parks & Community Services Planning Services
 On-going.  Master Joint Use Agreement re-executed in November 2009.
 Expansion of DVC Library contingent upon State or local bond (CCCCD).
 Repurposed office space at the Iron Horse Middle School Gym to create additional dedicated Teen Center space.
 Collaborated with SRVUSD to complete the Cal High
Pool lighting update.
 Partnered with SRVUSD to complete refinishing and
renovation of the Iron Horse Middle School Gym Floor.
 Collaborated with SRVUSD to expand, replace, and
relocate the Pine Valley Middle School Teen Center completion anticipated in 2023.

7.3-G-1
Encourage development of private educational, cultural, childcare, and medical facilities in San Ramon.

7.3-I-1
through

7.3-I-9
Parks & Community Services Planning Services
 On-going.  Development Fee Study completed in 2017.  Reviewed in conjunction with Development applications.  Collaborated in 2018 with a Chinese immersion program to offer afterschool care at the Dougherty Station Community Center.  Developed an employee childcare program for City
employees/essential service workers during the COVID19 pandemic.  In February 2022, the Planning Commission approved the Primrose Day Care located at 18080 Bollinger Canyon Rd. for a 13,545 square foot day care facility that will serve 224 children.  In August 2022, the Planning Commission approved the
Guidepost Montessori located at 2674 Crow Canyon Rd. for a 10,185 square foot facility with up to 155 children.

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7.4-G-1
Ensure the provision of adequate communication and utility systems for existing and future residents and the business community.

7.4-I-1
through

7.4-I-11
Planning Services Engineering Services
 On-going.  Zoning Ordinance Update adopted in March 2018.  Reviewed in conjunction with Development applications  City’s Subdivision Ordinance requires utilities for new development projects along project frontage to be undergrounded.  Issuing Encroachment Permits to allow MCI/Verizon to
install underground fiber throughout the City, including along Crow Canyon Road, Alcosta Boulevard, Windemere Parkway, Dougherty Road, San Ramon Valley Boulevard, East Branch Parkway, Norris Canyon Road, and Old Ranch Road to provide additional fiber services, upgrade digital telephone and high-speed data services and the majority of the work has been completed.  Issued Encroachment Permits to Comcast for their
citywide XNET project. This project focuses on delivering upgraded high-speed internet to residents and prioritizes upgrades in areas where demand is highest and bandwidth is congested.  In 2019, the City entered into separate Master License Agreements with Verizon and AT&T, establishing a review process for wireless telecommunication facilities within the public Right-of-Way. In 2020, began review of individual 5G wireless telecommunication facilities.  In 2021, began issuance of appropriate permits
(Encroachment Permit, Building Permit, Zoning Review) to AT&T to install 5G small cell sites on City-owned street lights poles along arterial roadways.

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7.5-G-1
Manage solid waste so that State goals are exceeded and the best possible service is provided to the citizens and businesses of San Ramon.

7.5-I-1
through

7.5-I-11
Engineering Services
 On-going.  The City entered into a solid waste Franchise Agreement ACI of San Ramon for October 1, 2019 through September 30, 2034, with provisions for time extensions. The Franchise Agreement contains enhanced services and requirements designed to ensure good customer service and to meet and exceed State recycling goals.  The solid waste Franchise Agreement requires the
contractor to divert 90% of San Ramon’s solid waste from landfill disposal by 2029.  The City will partner with the contractor to achieve the 90% diversion goal and will adopt a Zero Waste implementation plan outlining how to achieve it.  The City provides outreach education, monitoring and
reporting in support of the State commercial recycling and composting mandates. Under the new Franchise Agreement, ACI of San Ramon provides two full-time equivalent contractor employees and funding for one fulltime equivalent City employee to implement solid waste diversion programs and to provide outreach and technical assistance to San Ramon businesses and multi-family dwellings and ensure that they comply with the State recycling mandates.  The City is in compliance with State diversion and
recycling requirements.
 The City has implemented new State organics recycling regulations (SB 1383). The new regulations require the City to recover organic materials (edible food, food scraps, food-soiled paper products, yard trimmings, wood, etc.) from all generators (single-family and multifamily residential, commercial, government) in San

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Ramon. The Franchise Agreement includes programs designed to meet these organics recycling requirements.  The City updated the solid waste sections of the Municipal Code to be consistent with the new Franchise Agreement and compliant with SB 1383 and other pending state solid waste regulations. The City requires all San Ramon residents and businesses to recycle their organic materials.  Hired a sustainability specialist in 2022 to assist with SB 1383 implementation and compliance.

7.6-G-1
Collaborate with the San Ramon Valley Fire Protection District to deliver a high level of public protection services that protect life, property, and the environment.

7.6-I-1
through

7.6-I-2
Planning Services Building & Safety Services Parks & Community Services Police Services  On-going.  Currently conducting an audit to fully analyze and update (if needed) the Police Department’s beat structure and patrol schedules to ensure staffing levels and efficiency is maximized.  Conducted joint training with San Ramon Police
Department and San Ramon Valley Fire Protection District Personnel on crisis intervention and behavioral health response protocols.  In January 2023, began “Phase 2” of the Behavioral
Health Response Program. Phase 2 of this project involves the initial triage of behavioral health-related calls by Dispatchers within the San Ramon Valley 911 Communications Center.  Continued construction on the Emergency Operations
Center (EOC) and Dispatch Center at 2401 Crow Canyon Rd. as part of the Joint Public Safety Complex for the City Police Department and the San Ramon Valley Fire Protection District. Targeted completion and operational in 2023.  Outside Contractor currently conducting an audit of
Police Department calls for service to update beat

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structures and patrol scheduling with the purpose of ensuring adequate staffing levels and emergency response capabilities.

7.7-G-1
Maintain a high level of public safety for all people who live or work in San Ramon.

7.7-I-1
through

7.7-I-3
Police Services Planning Services Engineering Services Parks & Community Services  On-going.  Fiscal impact analysis conducted with each proposed residential development.
 Work collaboratively with the community regarding crime prevention education and information sharing utilizing a variety of methods.  Construct improvements through the City’s Capital
Improvement Program (CIP).
 Adopted Local Roadway Safety Plan through a local
Highway Safety Improvement Project (HSIP) grant in April 2022.  Enhanced the drone program to include additional drones and certified drone operators.
 Developed a social service web page and brochure to
provide easy access for San Ramon residents to resources for food, domestic violence, shelters, transportation and legal services.  Conducted a community survey to ensure the performance of San Ramon Police personnel is matching the expectations of the San Ramon Community.  Initiated and debuted the San Ramon Police Department’s Real Time Crime Monitoring Center to assist is maximizing the capabilities of the City’s situational camera and automated license plate reader (ALPR) network.

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Chapter 8: Open Space and Conservation Element

8.1-G-1
Protect and maintain the quality of biological resources in the San Ramon Planning Area, while also balancing the needs of growth and development.

8.1-I-1
through

8.1-I-4
Planning Services Engineering Services
 On-going.  Continue to implement C.3 requirements. Participated in Municipal Regional Permit implementation and subsequent updates.  Reviewed in conjunction with Development applications  Contracted for biological review services prior to maintenance work in City flood control channels and creek repair projects and contracted for on-call biological consultation services.  Reviewed the 2022 Draft Land Use Plan Amendment for
the Southern Las Trampas Wilderness Regional Preserve.

8.3-G-1
Acquire, preserve, and maintain open space and its natural resources for future generations.

8.3-I-1
through

8.3-I-18
Planning Services Engineering Services Public Services Parks & Community Services  On-going.  Coordinate with regulatory agencies.  Development Fee Study completed in 2017. In December 2018, the City Council adopted an Open Space Development Impact Fee ordinance.  Reviewed in conjunction with Development applications and in coordination with the Open Space Advisory Committee.  Continued development and implementation of an Open
Space Walk series to educate the community on Open Space issues.  Northwest San Ramon (Faria) GHAD formed in 2017.  Developed a partnership with Sports Basement to educate the Community on the benefits of Open Space and hiking.  Replaced the EZ to Hike App with the Outer Spatial App that provides turn by turn directions for trails in San Ramon Open Space  Facilitated a meeting between staff and appointed and elected officials that are involved with Open Space in

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their jurisdictions to share best practices and look for opportunities for regional collaboration.  In 2019, the Laborer’s Union agreed to proceed with a 177-acre dedication of parkland located in the City’s Planning Area (outside City Limits); a portion of which includes the Big Canyon Nature Preserve area, to the East Bay Regional Park District. The transfer of land was completed in 2020.  Partnered with Smart Outdoors to replace and improve
trail signage and markers throughout the City.
 The OSAC developed a vision for preserving contiguous open space in San Ramon.

8.3-G-2
Strengthen the City’s partnership with East Bay Regional Parks District, Contra Costa County, other jurisdictions and private organizations to expand the ridgeline and hillside open space system in the City’s Planning Area.

8.3-I-1
through

8.3-I-18
Planning Services Engineering Services Parks & Community Services  On-going.  Formation of an Open Space Advisory Committee  Coordinate with regulatory agencies on development applications.
 Reviewed in conjunction with Development applications and in coordination with the Open Space Advisory Committee.  Incorporate as conditions of project approval.  Facilitated a meeting between staff and appointed and elected officials that are involved with Open Space in their jurisdictions to share best practices and look for opportunities for regional collaboration.  In 2019, the Laborer’s Union agreed to proceed with a 177 acre dedication of parkland located in the City’s Planning Area (outside City Limits) to the East Bay Regional Park District. The transfer of land was completed in 2020.  Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan to guide delivery of

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recreation services and development and renovation of parks, facilities and open space for the next 10 years.  In 2020, accepted 3-miles of ridgeline trails associated with the Dougherty Valley Ridge Trail in the Gale Ranch Phase 4 open space area.  In 2021, construction of Twin Oaks subdivision (formerly The Promenade at The Preserve (Neighborhood V)) began, which includes a new trailhead to access the EBRPD existing trail system.

8.4-G-1
Expand the ridgeline and hillside open space system in the City’s Planning Area by joint efforts with East Bay Regional Parks District, Contra Costa County and nonprofit trustee agencies.

8.4-I-1
through

8.4-I-13
Planning Services Engineering Services Parks & Community Services  On-going.  Coordinate with regulatory agencies.  Reviewed in conjunction with Development applications and in coordination with the Open Space Advisory Committee.  Incorporate as conditions of project approval.  Staff evaluates options and opportunities as they arise.  Northwest San Ramon (Faria) GHAD formed in 2017.  Facilitated a meeting between staff and appointed and elected officials that are involved with Open Space in their jurisdictions to share best practices and look for opportunities for regional collaboration.  In 2019, the Laborer’s Union agreed to proceed with a 177 acre dedication of parkland located in the City’s Planning Area (outside City Limits); a portion of which includes the Big Canyon Nature Preserve area, to the East Bay Regional Park District. The transfer of land was completed in 2020.

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 On November 30, 2020, the final annexation of the
developed areas of Dougherty Valley (Dougherty Valley Annexation No. 18) became effective. The annexation area includes 673 acres of open space land.

8.5-G-1
Encourage the continuation of appropriate agricultural activities within the City’s Planning Area, while being cognizant that such uses may transition to nonagricultural uses in the future.

8.5-I-1
through

8.5-I-5
Planning Services Engineering Services
 On-going. Continued grazing in open space areas. While parcels are outside of the City limits, they have a General Plan 2035 land use designation of Rural Conservation.

8.6-G-1
Promote the implementation of water quality and conservation programs and measures by San Ramon employers, residents, and public agencies.

8.6-I-1
through

8.6-I-7
Planning Services Engineering Services Public Services Building & Safety Services  On-going. Apply Model Water Efficiency and Landscape Ordinance (MWELO) to all private and public projects that meet State’s criteria.  Implemented as part of development review application process.
 Recycled Water Projects Promote water conservation and landscape sustainability by converting high water use and maintenance turf streetscapes to reduced water use, drought tolerant, and low maintenance landscaping.  Formation of the Tri-Valley Water Liaison Group; staff participation in meetings.
 Continue to convert roadside and median turf and
irrigation to low water use and drought tolerant landscaping.

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8.7-G-1
Identify, evaluate, and preserve the archaeological, paleontological, and historic resources that are found within the San Ramon Planning Area.

8.7-I-1
through

8.7-I-5
Planning Services Engineering Services
 On-going. Conditioned as part of project conditions of approval and/or City permits.
 Completed Renovation of 1860s Barn at Forest Home
Farm.
 Completed renovation of the Meat Locker and addition of lighting to the 1860’s barn at Forest Home Farms.
 Replaced the roof of the Sheep Barn at Forest Home
Farm.
 Completed an assessment of the Forest Home Farm
structures to plan for future renovation. Developed a design concept for the Community Garden and specifications for the re-roofing of the Boone House.

Completed renovation and painting of, Welcome Center, Mechanics Garage, 1860 Open Barn, Granary and Fuel Shed, and the design for renovation of the Grotto.  Completion of the renovation and painting of the Meat Locker, David Glass House lead and asbestos abatement, siding and window renovations and painting and the addition of the display lighting to the 1860 Open Barn.  In 2022, the Specific Plan Amendment and development
entitlement applications to allow an 84-bed senior assisted living facility (El Nido Senior Assisted Living Project) located 19251 San Ramon Valley Blvd. was approved. The project includes the relocation and preservation of the historic Harlan House on-site.

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Chapter 9: Safety Element

9.1-G-1
Maintain the City’s Emergency Operations Plan as the guide for emergency management in San Ramon.

9.1-I-1
through

9.1-I-3
Police Services
 On-going. Provided relevant and up-to-date public safety-related messaging to community members.
 Conducted proactive community messaging on personal
and family preparedness through joint efforts by the San Ramon Valley Citizen Corps Council.  Continued work with Contra Costa County Office of
Emergency Services on County-wide Local Hazards Mitigation Plan.  Enhanced communication with Contra Costa County
Community Warning System (CWS) to ensure communitywide notification capabilities remain in place  Joint project with San Ramon Valley Fire Protection
District on the implementation of a comprehensive training program for City Staff related to the emergency response and management within an Emergency Operations Center (EOC).  Continued construction on an Emergency Operations
Center (EOC) at 2401 Crow Canyon Rd. as part of a Joint Public Safety Building between the City Police Department and the San Ramon Valley Fire Protection District. Targeted completion and operational in 2023.

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9.2-G-1
Minimize risks of personal injury and property damage posed by geologic and seismic hazards.

9.2-I-1
through

9.2-I-13
Engineering Services Building & Safety Services Planning Services  On-going.  Review during Development Review Process and issuance of grading permits.
 California Geological Survey (CGS) contacted
periodically for updated mapping. CGS data provided as appropriate.  Review Local Hazard Mitigation Plan actions and
implement where feasible.
 Formed the Northwest San Ramon (NWSR) Geologic
Hazard Abatement District in 2017.
 Completed repair of a large landslide near Kami Court within the Dougherty Valley GHAD.
 Annually complete monitoring, maintenance, and repairs in the Dougherty Valley GHAD.

9.3-G-1
Minimize the risk of property damage and personal injury resulting from the production, use, storage, disposal, or transportation of hazardous materials.

9.3-I-1
through

9.3-I-6
Building & Safety Services Engineering Services
 On-going.  Coordination of clean-up with San Ramon Valley Fire Protection District and County Health Department.
 San Ramon residents can have household hazardous
wastes and electronic waste collected from their doorsteps, on-call, at no direct charge.  Residents can now recycle household batteries in the
weekly curbside recycling program.

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9.4-G-1
Protect the community from risks to lives and property posed by flooding and stormwater runoff.

9.4-I-1
through

9.4-I-8
Engineering Services Building & Safety Services
 On-going.  Review during Development Review Process. Community Rating System 5 year review completed in 2017 which resulted in Class 6 Rating. The Community Rating System was reviewed in 2021 and the rating is unchanged.  Conduct annual recertification. Review Local Hazard Mitigation Plan actions and implement where feasible.

9.5-G-1
Minimize the risks to lives, property, and natural environment due to fire hazards.

9.5-I-1
through

9.5-I-5
Engineering Services Building & Safety Services
 On-going.  Review during Development Review Process.  Coordination and cooperative work with the San Ramon Valley Fire Protection District.
 Review Local Hazard Mitigation Plan actions and
implement where feasible.
 Developed and implemented an air quality policy to
clarify at what point outdoor programs should be cancelled due to poor air quality from wild fire smoke.

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Chapter 10: Noise Element

10.1-G-1
Achieve an acceptable noise environment for the present and future residents of San Ramon.

10.1-I-1
through

10.1-I-18
Planning Services Engineering Services Building & Safety Services  On-going.  Review during Development Review Process.  Noise standards applied to all Capital Improvement Program projects.
 Condition of City Permits  Provide reference to the ordinances and requirements during plan check process.

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Chapter 11: Housing Element

11.5-G-1
Provide a diversity of housing types and affordability levels within San Ramon to meet the needs of community residents.

11.1-I-1
through

11.1-I-26
Planning Services
 On-going.  Reviewed as part of San Ramon’s 2015-2023 Housing Element Update.
 Review during Development Review Process.  Development Fee Study completed in 2017.  In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance.
 The Housing Advisory Committee meets quarterly to
ensure that housing policies and programs are implemented and to create and retain affordable housing.  Aspen Wood Apartments. In May 2022, the Council
authorized an $11.2 million loan from the City Affordable Housing Trust Fund, to support construction of the March 2022 approved development applications to replace the approved 95-unit senior apartment development with 122 Below Market Rate (BMR) senior apartment units and 1 manager unit. On March 8, 2022, the City Council approved the 122 BMR senior apartment units, consisting of thirteen (13) “Extremely Low Income Units”, thirteen (13) “Very Low Income Units”, and ninety-six (96) “Low Income Units”.  Entered into an Affordable Housing Agreement with
Aspen Wood on July 6, 2022.
 San Ramon Apartments is a mixed-use development with
169 units, of which 15% of the units will be deedrestricted for affordable households.  Deer Creek (North) Senior Apartment development
(restricted to low, very-low, and moderate households), providing 261 multi-family units, completed construction and is occupied as of mid-2019.

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 Deer Creek (South) Apartment development (restricted to moderate households), providing an additional 185 multifamily units has begun construction and is anticipated for completion in 2024.  Chang Development (43 single-family homes) was
approved with 18 Accessory Dwelling Units (ADUs) restricted to low, very-low, and moderate households.  The Preserve development (formerly Faria) was approved with 28 units for low and very-low households. In 2019, began implementation of a Below Market Rate (BMR) Homeownership Program with an administrator (HouseKeys) to determine the eligibility of households and conduct a selection process for the 28 BMR units in The Preserve development. Through 2021, a total of 22 BMR units have been occupied by eligible households selected through the BMR Homeownership Program.  In 2020, the City was awarded grant funding from the SB 2 Planning Grants Program to develop and implement standard, pre-approved detached Accessory Dwelling Unit (ADU) architectural and building permit plan sets. Building permit plan sets are anticipated to be completed and provided to City residents in 2023.  In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch development to develop, over a 25 year period, a mix of uses near an existing job-center and transportation networks for up to 4,500 multi-family units. The Project is required to comply with the recently adopted Inclusionary Housing and Commercial Linkage Ordinance.  In November 2021, the first development plan was
approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) State-licensed Residential Care

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Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.  On November 30, 2020, the final annexation of the
developed areas of Dougherty Valley (Dougherty Valley Annexation No. 18) became effective. The annexation area includes 978 housing units (at build-out).  In September 2021, a 57 for-sale multi-family unit
housing project was approved for 500 Deerwood Road. The project is required to provide 9 Below Market Rate (BMR) units (3 Very Low; 2 Low; and 4 Moderate units).  In November 2021, the City Village development project was approved to replace the Bishop Ranch 6 office development located at Camino Ramon and Executive Parkway with a total of 404 housing units and a 2-acre public park. The project is required to provide 20 for-sale Below Market Rate (BMR) units (4 Very Low; 6 Low; and 10 Moderate units) and pay an affordable housing fee. Site improvements are underway.  In December 2021, a 47 for-sale multi-family unit housing project with an additional 16 Accessory Dwelling Units (ADUs) was approved for 2701 Hooper Drive. The project is required to provide the 16 ADUs as rental Below Market Rate (BMR) units (6 Very Low; 6 Low; 4 Moderate units). The grading plan is under review.  In 2022, the City completed the process of purchasing, acquiring, and reselling one (1) existing moderate income Below Market Rate (BMR) unit located in the Park Central development and converting it to one (1) low income BMR unit with a perpetual resale restriction.  Continued the multi-year General Plan Update project, to update all General Plan Elements, including the Housing

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Element for the 6th Housing Cycle (2023 to 2031).

Anticipate adoption of the new Housing Element by the statutory deadline of January 2023.  In August 2022, 381 rental units were approved at Bishop Ranch 1A, the second development to be approved under the CityWalk Master Plan.  October 11, 2022: Council adopted an Affordable Rental Housing Fee Waiver Policy

11.5-G-2
Create safe and aestheticallypleasing neighborhoods, and provide adequate housing to meet the needs of all household types and income groups.

11.2-I-1
through

11.2-I-8
Planning Services
 In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance.
 Conduct annual compliance monitoring program.
 Housing Rehabilitation Grant Program assists income
qualified households with home property maintenance.
 BMR Homeownership Program started in 2021 to
facilitate the sale of 28 deed-restricted lower income units at The Preserve, and the conversion of one moderate income unit to low income unit in perpetuity at Park Central.

11.5-G-3
Ensure all persons and household types have equal access to housing in San Ramon.

11.3-I-1
through

11.3-I-5
Planning Services
 On-going  In April 2019, the City Council adopted an Inclusionary Housing and Commercial Linkage Ordinance.
 Review during Development Review Process. Zoning Ordinance Update adopted in March 2018.  In December 2018, the City Council supported the
Homeless Emergency Aid Program (HEAP) block grant to assist in addressing the homelessness crisis.  In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch development to develop, over a 25 year period, a mix of uses near an existing job-center and transportation

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networks for up to 4,500 multi-family units. The Project is required to comply with the recently adopted Inclusionary Housing and Commercial Linkage Ordinance. In November 2021, the first development plan was approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) State-licensed Residential Care Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.  In 2021, as part of the General Plan Update project,
conducted and participated in over 13 outreach events and a community survey to receive community input for the General Plan Update and new Housing Element.  Entered into an Affordable Housing Agreement with
Standard Aspen Wood Venture LP, for 122 BMR units for the Aspen Wood Senior Housing Project.  BMR Homeownership Program started in 2021 to
facilitate the sale of 28 deed-restricted lower income units at The Preserve, and the conversion of one moderate income unit to low income unit in perpetuity at Park Central.  October 11, 2022: Council adopted an Affordable Rental Housing Fee Waiver Policy

11.5-G-4
Promote energy conserving practices in the location, construction, renovation, and maintenance of San Ramon’s housing units.

11.4-I-1
through

11.4-I-6
Planning Services Building & Safety Services
 On-going.  Zoning Ordinance Update adopted in March 2018.  Housing Rehabilitation Grant Program assists income qualified households with home property maintenance.
 The Building & Safety Division has adopted and is
enforcing the California Building Code that establishes standards for accessibility.

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Chapter 12: Air Quality and Greenhouse Gas Element

12.4-G-1
Improve and protect San Ramon’s air quality and promote improvements in subregional air quality.

12.4-I-1
through

12.4-I-6
Transportation Services Engineering Services Planning Services  On-going.  Review during Development Review Process & CEQA process.
 Member of the Association for Commuter Transportation (ACT) and Director at Large position of the local Northern CA ACT Chapter.  City representative for the Tri-Valley Air Quality
Community Alliance (TVAQCA).
 Established a City Staff Working Group to assess city facilities, fleet, and public need for EV infrastructure to assist with the development of citywide EV policy.  Launched Micromobility pilot program in 2022 providing fleet of shared use ebikes and escooters.

12.5-G-1
Improve air quality by integrating air quality, land use, and transportation planning that incorporates appropriate project location, design, and application of best available technologies.

12.5-I-1
through

12.5-I-3
Transportation Services Planning Services Engineering Services  On-going.  Review during Development Review Process & CEQA process.
 Innovative Deployments to Enhance Arterials (IDEA)
Grant for implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections, in 2020.  Adopted the Bicycle Master Plan in April 2018.

5.3.a
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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) Appendix A: General Plan Policy Implementation Status (2022 Reporting Year)

Page 57 of 60 ends

 Adopted in 2020 an updated Parks, Trails, Open Space
and Recreation Master Plan that includes a focus on connectivity and trails including proposed improvements to the Iron Horse Trail and the development of a walking district in the City core.  Adoption of the San Ramon Walking District Plan in
2022.
 In September 2020, the City Council approved the
CityWalk Master Plan Project within the Bishop Ranch
development to develop, over a 25-year period, a mix of infill uses near an existing job-center and transportation networks for up to 4,500 multi-family units that encourages a walkable community and increases access to transit. In November 2021, the first development plan was approved for Belmont Village Senior Care Facility, a 177 housing unit (183 bed) State-licensed Residential Care Facility for the Elderly (RCFE) with a mix of independent living, assisted living, and memory care services located at Bishop Ranch 1A.  Established a City Staff Working Group to assess city facilities, fleet, and public need for EV infrastructure to assist with the development of citywide EV policy.  Over 250 Electric Vehicle (EV) public or private charging parking spaces throughout the City.
 Launched Micromobility pilot program in 2022 providing fleet of shared use ebikes and escooters.
 Adopted the Walking District Plan in February 2022.

5.3.a
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Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) Appendix A: General Plan Policy Implementation Status (2022 Reporting Year)

Page 58 of 60 ends

12.6-G-1
Minimize exposure of the public to hazardous air pollutant emissions, particulates, and noxious odors from freeways, major arterial roadways, commercial and industrial uses with substantial truck trips, and other uses that produce toxic emissions through the use and handling of fuels and solvents.

12.6-I-1
through

12.6-I-4
Transportation Services Engineering Services Planning Services Parks and Community Services  On-going.  Review during Development Review Process & CEQA process.
 Developed an air quality protocol to guide the closure of fields and outdoor activities when air quality is at an unsafe range.  Continue to provide air quality education to the
community through Spare the Air alerts.
 Countywide 511 Contra Costa TDM Program promotes
commute alternative programs to help reduce traffic congestion and reduce air pollution. The program provides financial incentives to participants that bike, walk, telecommute, carpool, transit and/or vanpool to work.

12.7-G-1
Invest in more efficient and effective transportation infrastructure, City fleet management and support for trip reduction programs to reduce traffic congestion, vehicle trips and the need for costly new or expanded roadways.

12.7-I-1
through

12.7-I-5
Public Services Building & Safety Services Engineering Services Transportation Services  On-going.  Public Services fleet includes bio-diesel and hybrid vehicles.
 Implemented the 511 Contra Costa Countywide E-Bike
Rebate program providing rebates of $150 and $300 to low income residents.  Adopted the Bicycle Master Plan in April 2018.

5.3.a
Packet Pg. 77
Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) Appendix A: General Plan Policy Implementation Status (2022 Reporting Year)

Page 59 of 60 ends

 Installed four Blink Network charging stations at the Transit Center, which will be upgraded in 2023.
 Innovative Deployments to Enhance Arterials (IDEA)
Grant for implementation of Automated Traffic Signal Performance Measures (ATSPM) at 43 intersections, anticipated in 2020.  Bicycle detection camera systems at 20 intersections, completed in 2021. Additional detection camera systems installed at four intersections in 2022.  Established a City Staff Working Group to assess city facilities, fleet, and public need for EV infrastructure to assist with the development of citywide EV policy.  Over 250 Electric Vehicle (EV) public or private charging parking spaces throughout the City.
 Fleet Electrification Study in progress (adopted in FY 22/23 CIP) to complete research and planning to transition City’s vehicle fleet to zero emission vehicles.  Purchased 6 electric trucks in 2022 for city inspection staff partially funded by grant.

12.8-G-1
Minimize air emissions and potential climate change impacts related to energy consumption in government operations and the community.

12.8-I-1
through

12.8-I-8
Engineering Services Building & Safety Services
 On-going.  Implemented online reporting system for
construction/demolition debris recycling in 2016.
 Implemented CALGreen building standards code.  Expanded commercial organics recycling program to include all multi-family dwellings, townhomes, condos, and businesses in 2019-20.

5.3.a
Packet Pg. 78
Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report) Appendix A: General Plan Policy Implementation Status (2022 Reporting Year)

Page 60 of 60 ends

12.9-G-1
Reduce the City’s proportionate contribution of greenhouse gas emissions and the potential impact that may result in climate change from internal governmental operations and land use activities within its authority.

12.9-I-1
through

12.9-I-6
Engineering Services Building & Safety Services
 On-going.  Climate Action Plan (CAP) adopted August 2011. A Climate Action Plan (CAP) Status Report is included with the General Plan Annual Report on a biennial timeline.  The City’s new solid waste Franchise Agreement requires the contractor to use CNG fueled vehicles and is designed to greatly reduce the amount of organic materials sent to landfill in order to reduce methane emissions.  In 2021, began a multi-year General Plan Update project, to update all General Plan Elements, including the Climate Action Plan, add new relevant topics to comply with recent updates/mandates in State law, and assess the City’s changing landscape. As part of the Climate Action Plan Update, a comprehensive greenhouse gas (GHG) emissions inventory is underway.  Fleet Electrification Study in progress (adopted in FY 22/23 CIP) to complete research and planning to transition City’s vehicle fleet to zero emission vehicles.

5.3.a
Packet Pg. 79
Attachment: A: 2022 General Plan Annual Report (2023-006 : 2022 General Plan Annual Report)

CITY COUNCIL STAFF REPORT
DATE: March 14, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2023-026 - Approving Amendment No. 1 to the Memorandum of Understanding with the Service Employees International Union, Local 1021, Which Authorizes Language Expanding Bereavement Leave and Sick Leave

RECOMMENDED ACTION
Staff recommends approval of the Resolution authorizing Amendment No. 1 to the Memorandum of Understanding with the Service Employees International Union, Local 1021, which authorizes language expanding bereavement leave and sick leave.

BACKGROUND/DISCUSSION
On July 12, 2022, Resolution No. 2022-110, authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the Service Employees International Union, Local 1021 (SEIU) from July 1, 2022 through June 30, 2026.

Effective January 1, 2023, California Assembly Bill (AB) 1041 expanded the definition of family member under the California Family Rights Act (CFRA) to include a “designated person.” AB 1041 also mandated that employees may utilize sick leave for an absence due to the illness or injury of a “designated person,” as defined under CFRA. Because Section 12.6 of the MOU with SEIU outlines the types of leave eligible for sick leave, Amendment No. 1 will update the language in compliance with AB 1041.

Additionally, while reviewing the City’s Family Medical Leave Policy and new provisions under AB 1041, both the former City Manager and current Interim City Manager expressed their intention to allow employees to utilize sick leave for child bonding purposes in conjunction with CFRA leave if all other available accrued leaves have been exhausted. Amendment No. 1 also reflects that update.

Similarly, California Assembly Bill (AB) 1949, effective January 1, 2023, requires public sector employers to provide five (5) days of bereavement leave to employees with at least thirty (30) days of service following the death of a family member. The City currently offers employees up to three (3) days of bereavement leave for the death of a family member if the death occurred within the state and up to five (5) days of bereavement leave if the death occurred out of state. As

5.4 Packet Pg. 80
such, while AB 1949 does not mandate that the required bereavement leave is paid, both the former City Manager and current Interim City Manager have expressed their intention to expand the City’s current practice to five (5) days of paid bereavement leave for all employees as part of the City’s compliance with AB 1949. Amendment No. 1 includes updated language to that effect for Section 13.4 of the MOU with SEIU.

Amendment No. 1 includes additional updates to Section 13.4 of the MOU with SEIU as follows. AB 1949 states that bereavement leave does not need to be taken concurrently so long as it is taken within three (3) months of the family member’s death, so the updated language reflects that provision. Additionally, the City is expanding the definition of family member for the purposes of bereavement leave to match the definition provided under CFRA. Employees will also have the ability to utilize paid discretionary days if additional time off beyond the five (5) days of bereavement leave is requested and approved following the death of a family member.

The proposed Amendment No. 1 has been reviewed and approved by SEIU, via SEIU President Luis Valencia.

FISCAL ANALYSIS
Budget impacts related to the expanded bereavement leave and sick leave will be absorbed in the current budget (FY2022/23). These items will be included in the final proposed budget for FY2023/24.

STEPS FOLLOWING APPROVAL
Amendment No. 1, along with the Resolution, will be executed as an amendment to the MOU; both documents will be posted on the City’s Intranet and on the City’s web page for access by others.

ATTACHMENT
A: Amendment No 1 to SEIU MOU March 2023_redline
B: Amendment No 1 to SEIU MOU March 2023_final

5.4 Packet Pg. 81
RESOLUTION NO. 2023-026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021,

WHICH AUTHORIZES LANGUAGE EXPANDING BEREAVEMENT LEAVE AND

SICK LEAVE
WHEREAS, on July 12, 2022, Resolution No. 2022-110 authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the Service Employees International Union, Local 1021 (SEIU) from July 1, 2022 through June 30, 2026; and
WHEREAS, per AB 1041 and effective January 1, 2023, employees may utilize accrued sick leave for an absence due to the illness or injury of a “designated person”; and WHEREAS, the City intends to authorize employee use of sick leave for the purpose of child bonding in conjunction with CFRA leave if all other leave balances have been exhausted; and
WHEREAS, per AB 1949 and effective January 1, 2023, public sector employers are required to provide five (5) days of bereavement leave to employees with at least thirty (30) days of service following the death of a family member; and
WHEREAS, per AB 1949, bereavement leave does not need to be taken concurrently so long as it is taken within three (3) months of the family member’s death; and WHEREAS, the City intends to align the definition of “family member” for the purposes of bereavement leave with the definition of “family member” under CFRA; and WHEREAS, the City intends to expand paid bereavement leave to include all five (5) required days.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize language in the MOU with SEIU expanding bereavement leave and sick leave.

AND BE IT FURTHER RESOLVED, that the City Council of the City of San Ramon does hereby approve the attached Amendment No. 1 to the MOU with SEIU to update language related to bereavement leave and sick leave.

PASSED, APPROVED, AND ADOPTED, at the meeting of March 14, 2023 by the following votes:

AYES:

5.4 Packet Pg. 82
NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_____
Joan Snashall, Acting City Clerk

5.4 Packet Pg. 83

Page 1 of 2 ends

AMENDMENT NO. 1 TO THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 MEMORANDUM OF UNDERSTANDING
Section 12.6 is amended as follows:

12.6 Leave Chargeable to Sick Leave
An employee may be granted time off with pay for the following:
a. Absence due to the illness or injury of the employee or the illness or injury of a member of the employee's immediate family. Family member is defined as the employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person. A designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time when the employee requests paid sick leave, and the City may limit an employee to one (1) designated person per 12-month period for paid sick leave.
b. Absence beyond three (3) days, or five (5) days if outside the state, due to the death of a member of the employee's immediate family, as defined in Section

13.4. c. Birth of child to employee's spouse - while spouse is hospitalized. c.d.Absence due to child bonding in conjunction with CFRA, if the employee has exhausted all available accrued leaves (vacation, discretionary holidays, performance days, etc.).

Such time off shall be considered as sick leave and shall be charged against the accumulated sick leave of the employee.

Section 13.4 is amended as follows:

13.4 Death in Immediate Family
Employees shall be granted up to five (5)three (3) working days leave with pay by the Department Head in the event of death in the immediate family of the employee or the employee's spouse if death occurred within the state and up to five (5) days if death is outside of the State. ("Immediate family" is defined in "Definitions," page ii.) For the purposes of bereavement leave, family is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, niece/nephew, sibling-in-law, or designated person.

Bereavement leave does not need to be taken concurrently but must be taken within three (3) months of the date of death.

5.4.a
Packet Pg. 84
Attachment: A: Amendment No 1 to SEIU MOU March 2023_redline (2023-026 : Resolution Approving Amendment No. 1 to the MOU with SEIU, SEIU Amendment No. 1
March 14, 2023

Page 2 of 2 ends

Additional time off in excess of three (3) or five (5) days may be taken by an employee with prior approval of theirhis/her Department Head and the City Manager. Such additional time off is to be charged in the following order:
a. Accumulated sick leave.
b. Accumulated vacation leave.
c. Accumulated compensatory time.
d. Discretionary days.
e. Leave of absence without pay.

Dated: March 14, 2023
City of San Ramon Service Employees International Union, Local 1021
By: Steven Spedowfski, Interim City Manager By: Luis Valencia, President Attest:
___________________________________
Joan Snashall, Acting City Clerk

5.4.a
Packet Pg. 85
Attachment: A: Amendment No 1 to SEIU MOU March 2023_redline (2023-026 : Resolution Approving Amendment No. 1 to the MOU with SEIU,

Page 1 of 2 ends

AMENDMENT NO. 1 TO THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 MEMORANDUM OF UNDERSTANDING
Section 12.6 is amended as follows:

12.6 Leave Chargeable to Sick Leave
An employee may be granted time off with pay for the following:
a. Absence due to the illness or injury of the employee or the illness or injury of a member of the employee's family. Family member is defined as the employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person. A designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time when the employee requests paid sick leave, and the City may limit an employee to one (1) designated person per 12-month period for paid sick leave.
b. Absence beyond five (5) days due to the death of a member of the employee's family, as defined in Section 13.4.
c. Birth of child to employee's spouse - while spouse is hospitalized. d. Absence due to child bonding in conjunction with CFRA, if the employee has exhausted all available accrued leaves (vacation, discretionary holidays, performance days, etc.).

Such time off shall be considered as sick leave and shall be charged against the accumulated sick leave of the employee.

Section 13.4 is amended as follows:

13.4 Death in Family
Employees shall be granted up to five (5) working days leave with pay by the Department Head in the event of death in the family of the employee. For the purposes of bereavement leave, family is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, niece/nephew, sibling-in-law, or designated person.

Bereavement leave does not need to be taken concurrently but must be taken within three (3) months of the date of death.

Additional time off in excess of five (5) days may be taken by an employee with prior approval of their Department Head and the City Manager. Such additional time off is to

5.4.b
Packet Pg. 86
Attachment: B: Amendment No 1 to SEIU MOU March 2023_final (2023-026 : Resolution Approving Amendment No. 1 to the MOU with SEIU, SEIU Amendment No. 1
March 14, 2023

Page 2 of 2 ends

be charged in the following order:
a. Accumulated sick leave.
b. Accumulated vacation leave.
c. Accumulated compensatory time.
d. Discretionary days.
e. Leave of absence without pay.

5.4.b
Packet Pg. 87
Attachment: B: Amendment No 1 to SEIU MOU March 2023_final (2023-026 : Resolution Approving Amendment No. 1 to the MOU with SEIU,

CITY COUNCIL STAFF REPORT
DATE: March 14, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2023-027 - Approving Amendment No. 3 to the Memorandum of Understanding with the San Ramon Police Officers' Association, Which Authorizes Language Expanding Bereavement Leave and Sick Leave

RECOMMENDED ACTION
Staff recommends approval of the Resolution authorizing Amendment No. 3 to the Memorandum of Understanding with the San Ramon Police Officers’ Association, which authorizes language expanding bereavement leave and sick leave.

BACKGROUND/DISCUSSION
On August 24, 2021, Resolution No. 2021-104, authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the San Ramon Police Officers’ Association (POA) from July 1, 2021 through June 30, 2024. On November 9, 2021, Resolution No. 2021-129 approved Amendment No. 1 to the MOU with the POA, and, on December 13, 2022, Resolution No. 2022-3813 approved Amendment No. 2 to the MOU with the POA.

Effective January 1, 2023, California Assembly Bill (AB) 1041 expanded the definition of family member under the California Family Rights Act (CFRA) to include a “designated person.” AB 1041 also mandated that employees may utilize sick leave for an absence due to the illness or injury of a “designated person,” as defined under CFRA. Because Section 11.6 of the MOU with the POA outlines the types of leave eligible for sick leave, Amendment No. 3 will update the language in compliance with AB 1041.

5.5 Packet Pg. 88
to three (3) days of bereavement leave for the death of a family member if the death occurred within the state and up to five (5) days of bereavement leave if the death occurred out of state. As such, while AB 1949 does not mandate that the required bereavement leave is paid, both the former City Manager and current Interim City Manager have expressed their intention to expand the City’s current practice to five (5) days of paid bereavement leave for all employees as part of the City’s compliance with AB 1949. Amendment No. 3 includes updated language to that effect for Section 12.4 of the MOU with the POA.

Amendment No. 3 includes additional updates to Section 12.4 of the MOU with the POA as follows. AB 1949 states that bereavement leave does not need to be taken concurrently so long as it is taken within three (3) months of the family member’s death, so the updated language reflects that provision. Additionally, the City is expanding the definition of family member for the purposes of bereavement leave to match the definition provided under CFRA. Employees will also have the ability to utilize paid discretionary days if additional time off beyond the five (5) days of bereavement leave is requested and approved following the death of a family member.

The proposed Amendment No. 3 has been reviewed and approved by the POA, via POA President Mark Holland.

STEPS FOLLOWING APPROVAL
Amendment No. 3, along with the Resolution, will be executed as an amendment to the MOU; both documents will be posted on the City’s Intranet and on the City’s web page for access by others.

ATTACHMENT
A: Amendment No 3 to POA MOU March 2023_redline
B: Amendment No 3 to POA MOU March 2023_final

5.5 Packet Pg. 89
RESOLUTION NO. 2023-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING AMENDMENT NO. 3 TO THE MEMORANDUM OF UNDERSTANDING

WITH THE SAN RAMON POLICE OFFICERS' ASSOCIATION, WHICH

AUTHORIZES LANGUAGE EXPANDING BEREAVEMENT LEAVE AND SICK LEAVE
WHEREAS, on August 24, 2021, Resolution No. 2021-104 authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the San Ramon Police Officers’ Association (POA) from July 1, 2021 through June 30, 2024; and WHEREAS, on November 9, 2021, Resolution No. 2021-129 approved Amendment No. 1 to the MOU with the POA; and
WHEREAS, on December 13, 2022, Resolution No. 2022-3813 approved Amendment No. 2 to the MOU with the POA; and
WHEREAS, per AB 1041 and effective January 1, 2023, employees may utilize accrued sick leave for an absence due to the illness or injury of a “designated person”; and WHEREAS, the City intends to authorize employee use of sick leave for the purpose of child bonding in conjunction with CFRA leave if all other leave balances have been exhausted; and
WHEREAS, per AB 1949 and effective January 1, 2023, public sector employers are required to provide five (5) days of bereavement leave to employees with at least thirty (30) days of service following the death of a family member; and
WHEREAS, per AB 1949, bereavement leave does not need to be taken concurrently so long as it is taken within three (3) months of the family member’s death; and WHEREAS, the City intends to align the definition of “family member” for the purposes of bereavement leave with the definition of “family member” under CFRA; and WHEREAS, the City intends to expand paid bereavement leave to include all five (5) required days.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize language in the MOU with the POA expanding bereavement leave and sick leave.

AND BE IT FURTHER RESOLVED, that the City Council of the City of San Ramon does hereby approve the attached Amendment No. 3 to the MOU with the POA to update language related to bereavement leave and sick leave.

5.5 Packet Pg. 90
PASSED, APPROVED, AND ADOPTED, at the meeting of March 14, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
______________
Joan Snashall, Acting City Clerk

5.5 Packet Pg. 91

Page 1 of 2 ends

AMENDMENT NO. 3 TO THE CITY OF SAN RAMON POLICE OFFICERS’

ASSOCIATION MEMORANDUM OF UNDERSTANDING
Section 11.6 is amended as follows:

11.6 Leave Chargeable to Sick Leave
An employee may be granted time off with pay for the following:

1. Absence due to the illness or injury of the employee or the illness or injury of a member of the employee's immediate family. Family member is defined as the employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person. A designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time when the employee requests paid sick leave with the approval of the City Manager or their designee, and the City may limit an employee to one (1) designated person per 12-month period for paid sick leave.

2. Absence beyond beyond three (3) days, or five (5) days if outside the state, due to the death of a member of the employee's immediate family, as defined in Section 12.4.

3. Birth of child to employee's spouse while spouse is hospitalized. Such time off shall be considered as sick leave and shall be charged against the accumulated sick leave of the employee.

3.4.Absence due to child bonding in conjunction with CFRA leave, if the employee has exhausted all available accrued leaves (vacation, discretionary holidays, performance days, etc.).

Section 12.4 is amended as follows:

12.4 Death in Immediate Family
Employees shall be granted up to five (5)three (3) working days leave with pay by the Police Chief in the event of death in the immediate family of the employee or the employee's spouse if death occurred within the state and up to five (5) days if death is outside of the State. ("Immediate family" is defined in "Definitions," page ii.) For the purposes of bereavement leave, family is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, niece/nephew, sibling-in-law, or designated person.

Bereavement leave does not need to be taken concurrently but must be taken within three (3) months of the date of death.

5.5.a
Packet Pg. 92
Attachment: A: Amendment No 3 to POA MOU March 2023_redline (2023-027 : Resolution Approving Amendment No. 3 to the MOU with the San POA Amendment No. 3
March 14, 2023

Page 2 of 2 ends

Additional time off in excess of three (3) or five (5) days may be taken by an employee with prior approval of theirhis/her Police Chief and the City Manager. Such additional time off is to be charged in the following order:
a. Accumulated sick leave.
b. Accumulated vacation leave.
c. Accumulated compensatory time.
d. Management leave.
e. Performance leave.
c.f. Discretionary holidays.
d.g.Leave of absence without pay.

Dated: March 14, 2023
City of San Ramon San Ramon Police Officers’ Association By: Steven Spedowfski, Interim City Manager By: Mark Holland, President Attest:
___________________________________
Joan Snashall, Acting City Clerk

5.5.a
Packet Pg. 93
Attachment: A: Amendment No 3 to POA MOU March 2023_redline (2023-027 : Resolution Approving Amendment No. 3 to the MOU with the San

Page 1 of 2 ends

AMENDMENT NO. 3 TO THE CITY OF SAN RAMON POLICE OFFICERS’

ASSOCIATION MEMORANDUM OF UNDERSTANDING
Section 11.6 is amended as follows:

11.6 Leave Chargeable to Sick Leave
An employee may be granted time off with pay for the following:

1. Absence due to the illness or injury of the employee or the illness or injury of a member of the employee's family. Family member is defined as the employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or designated person. A designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time when the employee requests paid sick leave with the approval of the City Manager or their designee, and the City may limit an employee to one (1) designated person per 12-month period for paid sick leave.

2. Absence beyond five (5) days due to the death of a member of the employee's family, as defined in Section 12.4.

3. Birth of child to employee's spouse while spouse is hospitalized. Such time off shall be considered as sick leave and shall be charged against the accumulated sick leave of the employee.

4. Absence due to child bonding in conjunction with CFRA leave, if the employee has exhausted all available accrued leaves (vacation, discretionary holidays, performance days, etc.).

Section 12.4 is amended as follows:

12.4 Death in Family
Employees shall be granted up to five (5) working days leave with pay by the Police Chief in the event of death in the family of the employee. For the purposes of bereavement leave, family is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, niece/nephew, sibling-in-law, or designated person.

Bereavement leave does not need to be taken concurrently but must be taken within three (3) months of the date of death.

Additional time off in excess of five (5) days may be taken by an employee with prior approval of their Police Chief and the City Manager. Such additional time off is to be

5.5.b
Packet Pg. 94
Attachment: B: Amendment No 3 to POA MOU March 2023_final (2023-027 : Resolution Approving Amendment No. 3 to the MOU with the San POA Amendment No. 3
March 14, 2023

Page 2 of 2 ends

charged in the following order:
a. Accumulated sick leave.
b. Accumulated vacation leave.
c. Accumulated compensatory time.
d. Management leave.
e. Performance leave.
f. Discretionary holidays.
g. Leave of absence without pay.

5.5.b
Packet Pg. 95
Attachment: B: Amendment No 3 to POA MOU March 2023_final (2023-027 : Resolution Approving Amendment No. 3 to the MOU with the San

CITY COUNCIL STAFF REPORT
DATE: March 14, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Theresa Peterson, Associate Engineer
SUBJECT: RESOLUTION NO. 2023-028 - Authorizing an Appropriation of $188,000 from the Public, Education, and Government (PEG) Fund 216 to the Public Meeting Enhancement Project (CIP 200010) to Construct Structural and Electrical Improvements to Facilitate the Installation of the City Hall Rotunda Video Wall

EXECUTIVE SUMMARY
On September 28, 2021, the City Council authorized the purchase and installation of a video wall for the City Hall Rotunda funded by Public, Education, and Government (PEG) Fund 216. The video wall has now been built but requires structural and electrical improvements to facilitate the installation. An appropriation of $188,000 is being requested from the PEG Fund 216 to complete the required improvements.

RECOMMENDED ACTION
Staff recommends that the City Council approve this Resolution appropriating $188,000 from the Public, Education, and Government (PEG) Fund 216 to the Public Meeting Enhancement Project (CIP 200010) to construct structural and electrical improvements to facilitate the installation of the City Hall Rotunda Video Wall.

BACKGROUND/DISCUSSION
As part of the California Digital Infrastructure and Video Competition Act of 2006 (DIVCA), the City receives public, educational, or governmental (PEG) fees from local cable TV franchise holders. The revenue can be used by the public agency for capital costs for public, educational, or governmental access facilities. On average, the City receives approximately $250,000 per year in PEG fee revenue. The current PEG Fund 216 balance is $ 974,455.

PEG funds can be used for capital projects related to the broadcast of public meetings and other City related information. The most recent significant expenditure from the PEG Fund 216 was authorized on September 28, 2021 by the City Council with approval of Resolution No. 2021- 113, for the purchase and installation of a video wall for the City Hall Rotunda. The video wall is now built and ready to be installed, but requires significant structural and electrical improvements to facilitate the installation.

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The FY 2022/23 Capital Budget authorized a Project budget of $337,000 to the Public Meeting Enhancement Project (CIP 200010) funded by PEG Fund. An additional funding in the amount of $188,000 is needed for the required structural and electrical improvements, and staff is requesting the appropriation from the PEG Fund to the Public Meeting Enhancement Project (CIP 200010). This amount includes the proposed cost of the structural and electrical improvements plus an approximate 10% contingency.

If approved, the construction will continue and is anticipated to be complete by end of summer 2023.

FISCAL ANALYSIS
The appropriation of $188,000 will draw down the existing PEG Fund 216 balance of $974,455 to $786,455. There is no fiscal impact to the General Fund related to this Project.

STEPS FOLLOWING APPROVAL
If approved, staff will issue a Task letter to G.N. Henley, the City’s on-call contractor, to complete the required structural and electrical improvements. Once complete, the video wall will be installed with expected completion by end of summer 2023.

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RESOLUTION NO. 2023-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING AN APPROPRIATION OF $188,000 FROM THE PUBLIC, EDUCATION, AND GOVERNMENT (PEG) FUND 216 TO THE PUBLIC MEETING ENHANCEMENT PROJECT (CIP 200010) TO CONSTRUCT STRUCTURAL AND

ELECTRICAL IMPROVEMENTS TO FACILITATE THE INSTALLATION OF THE

CITY HALL ROTUNDA VIDEO WALL
WHEREAS, the Public, Education, and Government (PEG) Fund 216 is used for capital projects related to the broadcast of public meetings and other City related information; and WHEREAS, on September 28, 2021, the City Council approved Resolution No. 2021- 113 authorizing the purchase and installation of a video wall for the City Hall Rotunda funded by the Public, Education, and Government (PEG) Fund 216; and WHEREAS, the video wall is now built and ready to install but requires significant structural and electrical improvements to facilitate the installation; and WHEREAS, staff received a cost proposal to construct the required structural and electrical improvements; and
WHEREAS, the cost of the structural and electrical improvements including an approximate 10% contingency will not exceed $188,000; and WHEREAS, the Public, Education, and Government (PEG) Fund 216 contains sufficient funding for these required improvements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the appropriation of $188,000 from the Public, Education, and Government (PEG) Fund 216 to the Public Meeting Enhancement Project (CIP 200010) to construct structural and electrical improvements to facilitate the installation of the City Hall Rotunda Video Wall.

PASSED, APPROVED, AND ADOPTED, at the meeting of March 14, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________
David E. Hudson, Mayor
ATTEST:
___________________________
Joan Snashall, Acting City Clerk

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CITY COUNCIL STAFF REPORT
DATE: March 14, 2023
TO: City Council/City Manager
FROM: Martin Lysons, City Attorney
By: Alicia Poon, Assistant City Attorney
SUBJECT: ORDINANCE 518 - Amending Section B6-11 (Containers-Placement), Subsection B.4. (Commercial and Multi-Family Dwellings—Placement of Containers, Signage and Enclosure Requirements) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter I (Solid Waste and Recycling), Article 2 (Solid Waste, Organic Materials and Recyclable Materials Collection Service and Containers) of the San Ramon Municipal Code; Repealing and Replacing Section B6-131 (Public Nuisances) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 1 (General) of the San Ramon Municipal Code; Amending Section B6-141 (Violations) of Title B (Regulations), Division B6 (Health, Sanitation and Environmental Quality), Chapter VI (Nuisances-Property Maintenance), Article 2 (Enforcement) of the San Ramon Municipal Code; and Repealing and Replacing Section C6-1 (Definitions) of Title C (Construction, Development and Land Use), Division C6 (Public Works and Flood Control), Chapter I (Encroachments), Article 1 (General Provisions) of the San Ramon Municipal Code

RECOMMENDED ACTION
Staff recommends that the City Council waive the second reading and adopt Ordinance 518.

BACKGROUND/DISCUSSION
This ordinance consists of updates and improvements to Public Nuisances and Encroachments Sections (specifically, Section B6-11, Subsection B.4.; Section B6-131; Section B6-141; and Section C6-1) of the San Ramon Municipal Code. Staff believes these updates and improvements will assist city staff in enforcement of these code sections.

On February 28, 2023, the City Council introduced the Ordinance, waived the reading and read by title only, and moved to set the Ordinance for adoption at its next regularly scheduled City Council Meeting on March 14, 2023.

FISCAL ANALYSIS
Adoption of the Ordinance will have no fiscal impact on the City.

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STEPS FOLLOWING APPROVAL
The Ordinance shall be posted in three (3) places in the City of San Ramon within fifteen (15) days after adoption.

The Ordinance shall be effective thirty (30) days after adoption.

ATTACHMENT
A: Ordinance 518

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ORDINANCE 518
AN ORDINANCE OF THE CITY OF SAN RAMON AMENDING SECTION B6-11 (CONTAINERS-PLACEMENT), SUBSECTION B.4. (COMMERCIAL AND MULTIFAMILY DWELLINGS—PLACEMENT OF CONTAINERS, SIGNAGE AND ENCLOSURE REQUIREMENTS) OF TITLE B (REGULATIONS), DIVISION B6 (HEALTH, SANITATION AND ENVIRONMENTAL QUALITY), CHAPTER I (SOLID WASTE AND RECYCLING), ARTICLE 2 (SOLID WASTE, ORGANIC MATERIALS

AND RECYCLABLE MATERIALS COLLECTION SERVICE AND CONTAINERS) OF THE SAN RAMON MUNICIPAL CODE; REPEALING AND REPLACING SECTION B6-131 (PUBLIC NUISANCES) OF TITLE B (REGULATIONS), DIVISION B6 (HEALTH, SANITATION AND ENVIRONMENTAL QUALITY), CHAPTER VI (NUISANCES-PROPERTY MAINTENANCE), ARTICLE 1 (GENERAL) OF THE SAN RAMON MUNICIPAL CODE; AMENDING SECTION B6-141
(VIOLATIONS) OF TITLE B (REGULATIONS), DIVISION B6 (HEALTH, SANITATION AND ENVIRONMENTAL QUALITY), CHAPTER VI (NUISANCESPROPERTY MAINTENANCE), ARTICLE 2 (ENFORCEMENT) OF THE SAN RAMON MUNICIPAL CODE; AND REPEALING AND REPLACING SECTION C6-1 (DEFINITIONS) OF TITLE C (CONSTRUCTION, DEVELOPMENT AND LAND USE), DIVISION C6 (PUBLIC WORKS AND FLOOD CONTROL), CHAPTER I (ENCROACHMENTS), ARTICLE 1 (GENERAL PROVISIONS) OF THE

SAN RAMON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:

SECTION 1. TITLE B, DIVISION B6 (Health, Sanitation and Environmental Quality), CHAPTER I (Solid Waste and Recycling), ARTICLE 2 (Solid Waste Organic Materials and Recyclable Materials Collection Service and Containers), SECTION B6-11 (ContainersPlacement), SUBSECTION B.4. (Commercial and Multi-Family Dwellings—Placement of Containers, Signage and Enclosure Requirements) of the Municipal Code of the City of San Ramon is hereby amended to read as follows:

B6-11. - Containers-Placement.

B. Commercial and Multi-Family Dwellings--Placement of Containers, Signage and Enclosure Requirements.

4. If, in the judgment of the City’s Chief Building official or designee, a property’s existing designated enclosure(s) for Solid Waste, Organic Materials and Recyclable Materials does not have adequate capacity to accommodate all three types of Collection Services containers, the property owner may locate one or more containers outside of the existing enclosure in order to comply with the requirements of this Chapter so long as the materials are properly enclosed in lidded, leak-proof containers per Section B6-

10. In such an instance, the property owner would not be held in violation of Section B6-131(E)(21) or other related requirements of the municipal code, and the existing enclosure would be considered legal non-conforming under TITLE D of this

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code. New enclosures must completely contain Solid Waste, Organic Materials and Recyclable Materials collection containers in compliance with Zoning Ordinance Section D3-11.

SECTION 2. TITLE B, DIVISION B6 (Health, Sanitation and Environmental Quality), CHAPTER VI (Nuisances-Property Maintenance), ARTICLE 1 (General), SECTION B6-131 (Public nuisances) of the Municipal Code of the City of San Ramon is hereby repealed and replaced with the following:

B6-131. - Public nuisances.

A. A public nuisance is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any creek, stream, canal, channel, basin, or other body of water, or any public park, square, street, or highway and which affects at the same time a community, neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

B. This chapter, as well as other sections of the code, declare certain uses, actions, and activities to be public nuisances. It is the express intent of the city council that those declarations are in addition to, and not subject to, the generic determinations of public nuisances contained in and authorized by this section.

C. It is unlawful for any person or entity to maintain, create, cause, or permit any public nuisance, whether on private or public property.

D. The owner of any property within the city has a primary responsibility to keep the property free of any public nuisance.

E. It shall be a public nuisance if any of the following activities, uses of property or conditions exist on a property within the city:

1. Storage of boxes, litter, garbage, broken or discarded furniture, equipment, appliances, machinery, vehicle parts, or other refuse for periods in excess of seventy-two hours.

2. Accumulation of debris, litter, dirt, overgrown vegetation, dead trees or plant materials or weeds.

3. The parking or storage of vehicles, trailers, campers, boats and other recreational vehicles or other equipment which overhang, block or obstruct a sidewalk, street, driveway or public right-of-way or violates Section D3-41(E) of the zoning ordinance.

4. Maintaining, permitting, or allowing construction materials, tools, equipment, machinery and/or debris in the public view for more than thirty days at a location other than a site where work is being performed pursuant to a valid building permit.

5. Parking or storage within public view of inoperative vehicles or motorcycles, or an operational motor vehicle or motorcycle that has been placed on blocks or otherwise immobilized. Businesses with which such use is allowed by zoning district or use permit

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are exempted.

6. Allowing windows, building exteriors, roofs, and gutters to remain in a defective, deteriorated, or damaged condition.

7. Any act or omission which continually interferes with the interest of the community by disturbing or preventing the comfortable enjoyment of property and impacting the general public's health, comfort and convenience. Acts or omissions covered under this subsection specifically include, but are not limited to, the following:
a. Emissions of smoke.
b. Excessive noise.
c. Emissions of noxious or offensive odors.
d. Excessive dust.
e. Hazardous or poisonous discharge.
f. Direct or reflected glare produced by floodlight or other means and which is visible from any boundary line of property on which the glare is produced. g. Allowing water to run off on to adjoining property or properties.

8. Neglect, maintain or use property in such a manner as:
a. To harass, intimidate or spite neighbors; or
b. To influence zoning or other land use decisions; or
c. To cause detrimental effect upon nearby property or property values.

9. Notwithstanding any provision in this chapter to the contrary, the altering or maintaining of any portion of the property in such a manner as to store water or accumulate debris resulting in the support of the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on the property will be prima facie evidence that the property is a public nuisance.

For purposes of this subsection, a "vector" means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates.

10. Placement or maintenance of any obstruction other than a vehicle properly using appropriate travel lanes, on any public street or public way, including sidewalks, pedestrian paths, bicycle paths, roadways and roadway shoulders, except as may be authorized by a permit issued by the city engineer. As used in this subsection, "obstruction" includes vegetative growth as well as structures, construction or landscape material and things including, but not limited to, sports equipment.

11. Allowing growth of a tree or vegetation in such a manner that the branches of the tree or growth of the vegetation restrict or impede access to or public use of adjacent sidewalks or streets; obstruct traffic control signs and devices; obstruct street lights; obstruct visibility of traffic using the public street; or prevent access by city street sweepers.

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12. Trees, weeds or other vegetation, which by reason of being overgrown, dead, decayed or diseased are:
a. Likely to harbor rats, vermin and/or other rodents; or b. A clear and present risk of physical injury to inhabitants or occupants of the property, neighboring property or to the public; or
c. Overhanging, blocking or obstructing a sidewalk, street, driveway or alley.

13. Allowing any attractive nuisance dangerous to children and consisting of abandoned or broken motor vehicles and equipment; hazardous excavations; abandoned, neglected, unused or unprotected machinery or any other property that may constitute an attractive nuisance.

14. Any encroachment on the public right-of-way or City-Owned Property, as that term is defined in C6-1 of this code, for which no encroachment permit has been issued, including any affixed or projected signage or visual display of any kind, and any fence, wall or other structure which has been erected in violation of this code and which encroaches upon any public right-of-way, to include, but not be limited to, the installation of curb ramps for RV vehicles parked in side yards of private properties.

15. Use of handicap ramps as vehicle access to enter upon private property.

16. A building which is partially destroyed for a period of ninety days or more, or left in a state of partial construction unless pursuant to a valid building permit.

17. Unpainted or untreated exterior wood surfaces (other than natural decay-resistant wood(s)) on any building (or portion thereof), wall, fence or structure in which the condition has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or insect infestation.

18. Unsecured doorways, windows or other openings into vacant or abandoned buildings that allow public access.

19. Paint on a building, wall or fence that has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or insect infestation.

20. A wall or fence that is poorly maintained, sagging, leaning, fallen, decayed or is otherwise structurally unsound or unsafe.

21. Commercial Solid Waste, Organic Materials, or Recyclable Materials receptacles, in excess of one cubic yard capacity, that are not enclosed by an opaque, six-foot tall enclosure of wood or masonry construction with a gate, except for instances as described in Section B6-11(B)(4) of this code.

22. The storing of shipping container(s), freight container(s), cargo container(s), box cars, storage container(s), construction container(s), or similar items, except those that comply with Division D3, Chapter V of Title D of this code.

23. An excavation, hole, or pond that is open and unsecured from public access.

24. Potholes in driveways and off street parking areas. All such surfaces and similar areas intended for vehicular access shall be kept free from potholes.

25. Cracked or buckled sidewalks and walkways. All such surfaces and similar areas intended for pedestrian/public access shall be kept free from cracking and buckling, and comply with Division C6, Chapter VI of Title C of this code.

26. Accumulation or placement of animal excrement, fertilizer, or decayed vegetation

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constituting an unsightly appearance visible from neighboring properties or any public right-of-way.

SECTION 3. TITLE B, DIVISION B6 (Health, Sanitation and Environmental Quality), CHAPTER VI (Nuisances-Property Maintenance), ARTICLE 2 (Enforcement), SECTION B6- 141 (Violations) of the Municipal Code of the City of San Ramon is hereby amended to read as follows:

B6-141. - Violations.

Every person who maintains or permits the maintenance of any nuisance declared in this chapter or by the city council is guilty of a misdemeanor or infraction. Each day such nuisance is maintained or permitted to continue shall constitute a separate violation. Each violation is punishable as set forth in Section 36900 of the California Government Code or by any other remedy provided by law, including administrative fees or fines, under this code.

SECTION 4. TITLE C, DIVISION C6 (Public Works and Flood Control), CHAPTER I (Encroachments), ARTICLE 1 (General Provisions), SECTION C6-1 (Definitions) of the Municipal Code of the City of San Ramon is hereby repealed and replaced with the following:

C6-1. - Definitions.

As used in this division, the following words and phrases shall have the meanings given in this section:

City-Owned Property means real property owned, rented, or leased by the city, or property the city has the right to use or occupy by virtue of an easement, license, or other similar interest in property, including public right-of-way, further including any portion thereof that is leased to a non-City entity.

Encroach includes going on, over, or under, or using any right-of-way or City-Owned Property so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

A. Excavating, filling, or disturbing the right-of-way; B. Erecting or maintaining any of the following on, over or under the right-of-way:

1. Flags or banners;

2. Decorations;

3. Posts or poles;

4. Fences, guardrails, or walls;

5. News stands;

6. Non-standard mailboxes (i.e. not using a wood, tubular steel or plastic composite post); or

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7. Signs or messaging, whether affixed, placed or projected.

C. Planting any tree, shrub, grass or other growing vegetation within the right-of-way; D. Placing or leaving on the right-of-way any rubbish, brush, earth or any material; E. Constructing, placing, or maintaining on, over under or within the right-of-way any pathway, sidewalk, driveway or other surfacing, any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit or cable; F. Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit; G. Lighting or building a fire within the right-of-way; H. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way with the potential to impact the right-of-way; I. The storing of shipping container(s), freight container(s), cargo container(s), box cars, storage container(s), construction container(s), or similar items in the right-of-way; or J. Providing valet parking, including without limitation the establishment of a valet parking station and/or a valet parking zone or the storing of downtown business patrons' vehicles.

Permittee means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the city engineer. All obligations, responsibilities and other requirements of the permittee as described in this division shall be binding on subsequent owners of the encroachment.

Public street means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system.

Right-of-way means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public.

SECTION 5. CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 6. SEVERABILITY
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

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SECTION 7. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

The foregoing ordinance was introduced at the meeting of the City Council of the City of San Ramon on February 28, 2023 and after public hearing, was adopted on March 14, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
David E. Hudson, Mayor
ATTEST:
________________________
Joan Snashall, Acting City Clerk

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CITY COUNCIL STAFF REPORT
DATE: March 14, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Ryan Driscoll, Associate Planner
SUBJECT: RESOLUTION NO. 2023-029 - Denying the Appeal Filed by the Citizens Against Market Place Apartments/Condo Development (CAMPAD); Upholding the Appeal of the Applicant Marketplace at San Ramon, LLC; and Approving the Marketplace Mixed Use Development Project DP 2022- 0007; MJ 2022-0005 (Vesting Tentative Map 9607); LUP 2022-0004; AR 2022-0032; TRP 2022-0009; and ENVR 2022-0004 Located at 130 Market Place Subject to Revised Project Findings and Amended Conditions of Approval (APN: 213-701-002) Marketplace at San Ramon, LLC (Applicant and Property Owner)

EXECUTIVE SUMMARY
On February 16, 2023, the Planning Commission adopted Resolution No. 02-23 approving the Marketplace Mixed Use Development Project applications located at 130 Market Place within the Marketplace Center. (See Attachment A for Vicinity Map.) Within the 10-day appeal period following the approval, the City received two appeals contesting the Commission’s action:
 Marketplace at San Ramon, LLC, the Applicant and Property Owner of the subject Project, filed an appeal on February 24, 2023 (Applicant Appeal). The Applicant Appeal objects solely to one Condition of Approval requiring the Applicant record a Shared Parking Agreement to allow overnight residential use parking on the Project’s nonresidential parcel as shown in Attachment B.  Citizens Against Market Place Apartment/Condo Development (CAMPAD) filed a second appeal on February 27, 2023 (CAMPAD Appeal). The CAMPAD Appeal objects to the Planning Commission’s judgement when approving the Project related to eight (8) specified points as shown in Attachment C.

The Project is subject to the review criteria under the State Housing Accountability Act (HAA), as modified by SB 330, which establishes limitations to a local government’s scope of review of a housing development project if the project is consistent with objective local development standards.

The Planning Commission conducted four (4) public hearings (October 4, 2022; January 12, 2023; February 7, 2023; and February 16, 2023) on the proposed Project. The City Council

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public hearing on March 14, 2023 will be the fifth (5) of the maximum five (5) public hearings allowed under the HAA.

Pursuant to Zoning Ordinance Section D7-12(C), this appeal hearing must be conducted as a “de novo” hearing, and the City Council may consider new materials and testimony in addition to the Planning Commission record of decision for the approved application, plans, and related project materials.

RECOMMENDED ACTION
Receive the staff report, receive testimony from the Appellants, open public comment, receive public testimony, close public comment and public hearing, discuss and deliberate, and adopt the following Resolution:

A Resolution of The City Council of The City of San Ramon Denying the Appeal filed by the Citizens Against Market Place Apartments/Condo Development (CAMPAD); Upholding the Appeal of the Applicant (Marketplace at San Ramon, LLC); and Approving the Marketplace Mixed Use Development Project DP 2022-0007; MJ 2022- 0005 (Vesting Tentative Map 9607); LUP 2022-0004; AR 2022-0032; TRP 2022-0009; and ENVR 2022-0004 Located at 130 Market Place, subject to Revised Project Findings and Amended Conditions of Approval

INTRODUCTION
Applications:

DP 2022-0007 Development Plan application to allow the demolition approx. 55,636 sq. ft. of existing commercial tenant space (former Nob Hill Foods, etc.); construction of 40 single-family detached condominium units and 4 Junior Accessory Dwelling Units; the renovation of an existing 1,869 sq. ft. building for an existing Eating & Drinking Establishment (Starbucks); and associated parking and landscape improvements.

MJ 2022-0005 Major Subdivision application to subdivide the project area into 18 new parcels with a Vesting Tentative Map for Condominium Purposes.

UP 2022-0004 Use Permit application to establish hours of operation from 5:00 a.m. to 10:00 p.m. for a non-residential land use (Starbucks) located in front of residential land use in a mixed use project.

AR 2022-0032 Architectural Review application for the proposed architectural design, site layout, and landscape improvements.

TRP 2022-0009 Tree Removal Permit application for the removal of trees on site and the establishment of new trees through a comprehensive landscape plan.

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ENVR 2022-0004 Environmental Review application for compliance with the Guidelines for the California Environmental Quality Act of 1970, as amended (CEQA Guidelines).

Location:
130 Market Place (APN: 213-701-002) (see Attachment A for Vicinity Map) Applicant/Property Owner:

Marketplace at San Ramon, LLC
c/o Mr. Scott Grady
4695 MacArthur Ct., Suite 700
Newport Beach, CA 92660
General Plan Designation: Zoning Designation:

Mixed Use Mixed Use (MU)
Site Description:

The Project site area is 3.91 acres of the existing 12.43-acre parcel (APN: 213-701-002), leaving a designated remainder of 8.52 acres. The Project site is part of the Marketplace Center. While the Marketplace Center includes approx. 185,000 sq. ft. of existing tenant space (excluding the San Ramon Library), the 3.91-acre Project site area includes 55,636 sq. ft. of existing tenant space (to be demolished) and 1,869 sq. ft. of existing tenant space (to remain). The Project area also includes 180 parking spaces (to be removed) and 34 parking spaces (to remain). The Marketplace Center also includes the existing private street (Montgomery St.) which bisects the Center between two public rights-of-way (Market Pl. and Alcosta Blvd.).

Environmental Review/California Environmental Quality Act (CEQA) The Project site (3.91 acres) is an urbanized area of less than 5 acres, to which all required utilities and public services are available. The Project site does not present unusual circumstances for a small urban site, and would not cause significant environmental impacts due to any unusual circumstance. No habitat value for endangered, rare, or threatened species has been identified at the Project site. The Project is consistent with applicable General Plan and zoning regulations and would not result in significant effects to traffic, noise, air quality, or water quality, as documented by the technical studies provided. On February 16, 2023, the Planning Commission adopted Resolution No. 02-23 with a CEQA finding that the Project is categorically exempt from CEQA pursuant to an exemption under Class 32, Section 15332 of the CEQA Guidelines (14 CCR 15000 et seq.) pertaining to In-Fill Development Projects. Subsequently, on February 17, 2023, City staff filed a Notice of Exemption in accordance with the CEQA Guidelines.

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CEQA Section 21080.2 requires the City to make a determination whether a project requires and EIR, a Negative Declaration, or is exempt from CEQA review within 30 days after an application is complete, and Section 65950(a)(5) of the California Government Code requires that the City “approve or disapprove” the project within sixty days from the determination by the lead agency that the project is exempt from CEQA. Section 65957 of the Government Code allows the City and applicant to extend this deadline, one time only, by mutual agreement for ninety (90) days. To avoid any question of whether the City complied with the Permit Streamlining Act deadlines, and in an abundance of caution, on December 1, 2022, the Applicant and the City mutually agreed to a time extension (CEQA time extension agreement – Attachment F) to allow the City time to process and act on the proposed Project, with the City committing to finish the public hearing process on the Project by March 14, 2023.

Public Outreach/Notification
On March 3, 2023, City staff mailed a notice of a City Council public hearing for March 14, 2023 to the Appellants and to all property owners within 700 feet of the subject property, in compliance with and exceeding the standards set forth in Government Code Section 65091(a)(4) and Sections D6-23; D6-28; C5; and D7-24 of the Municipal Code of the City of San Ramon.

BACKGROUND
Project Planning Commission Review
On November 2, 2021, the Applicant submitted a Preliminary Housing Development (PHD 2021-0001) application for the proposed Marketplace Mixed Use development project. On November 23, 2021, City staff confirmed in writing that the November 2, 2021 preliminary application was complete and that the Applicant had 180 days following November 2, 2021 (May 1, 2022) to submit its formal development application.

On April 28, 2022, prior to the expiration of the 180-day period, the Applicant submitted the subject Development Plan application and associated applications. Upon resubmittal of revised project plans and additional technical studies by the Applicant, the Planning Services Division deemed the proposed Project applications complete on September 15, 2022.

The Project site (3.91 acres located at 130 Market Place within the Marketplace Center) consists of the demolition of approx. 55,600 sq. ft. of existing commercial tenant space within the Marketplace Center (former Nob Hill Foods, etc.); construction of 40 single-family, detached condominium residential units and four (4) Junior Accessory Dwelling Units; renovation and establishment of hours of operation for an existing 1,869 sq. ft. Eating & Drinking Establishment (Starbucks); subdivision of the Project area into 18 new parcels with a Vesting Tentative Map for Condominium Purposes; associated parking removal; installation of new and modified parking areas; tree removals; and landscape improvements. The Applicant’s Project Description, Project Plans, and Technical Reports are included as Attachment E.

Review of the proposed Project is subject to the requirements of the Housing Accountability Act (HAA) (Government Code section 65589.5), as amended by State laws such as SB 330 (Housing

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Crisis Act 2019) and SB 8 (2021), which establishes strict limitations on a local government’s authority to deny, reduce the density of, or make infeasible housing development projects consistent with objective local development standards. Additional details regarding the applicable regulations of the HAA, including the City’s authority to conduct only five (5) public hearings to consider the Project, are discussed in the referenced Planning Commission Agenda Packets. The Planning Commission reviewed the Project at four (4) public hearings and the minutes and videos for each public hearing are available at the following webpage links:
 October 4, 2022 Planning Commission public hearing:
http://sanramonca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=4539  January 12, 2023 Planning Commission continued public hearing:
http://sanramonca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=4592  February 7, 2023 Planning Commission continued public hearing:
http://sanramonca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=4621  February 16, 2023 Planning Commission continued public hearing:
http://sanramonca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=4627 On February 16, 2023, after closing the public hearing, the Planning Commission adopted specific findings in approving the project, and based upon all the evidence in the record, adopted Resolution No. 02-23 approving the Marketplace Mixed Use Development Project applications, subject to Conditions of Approval (Attachment D).

Applicant Appeal
Marketplace at San Ramon, LLC, the Applicant and Property Owner of the subject Project, filed an appeal on February 24, 2023 (the “Applicant Appeal”). The reasons for the Applicant Appeal are detailed in the Applicant Appeal request (Attachment B). In summary, the Applicant Appeal objects solely to one Condition of Approval requiring the Applicant record a Shared Parking Agreement to allow overnight residential use parking on the Project’s non-residential parcel.

CAMPAD Appeal
Citizens Against Market Place Apartment/Condo Development (CAMPAD) filed its appeal on February 27, 2023 (the “CAMPAD Appeal”). The reasons for the CAMPAD Appeal are detailed in the CAMPAD Appeal request (Attachment C). In summary, the CAMPAD Appeal identifies eight (8) specified points that it alleges constitute a basis to overturn the Planning Commission’s judgment and deny the Project.

DISCUSSION/ANALYSIS
Proposed Project
The proposed Project includes a portion of the existing Marketplace Center, comprised of a 3.91 acre Project site area of the existing 12.43-acre subject parcel (APN: 213-701-002) (Figure 1).

The Marketplace Center includes approx. 185,000 sq. ft. of existing tenant space (excluding the San Ramon Library). The proposed Project consists of the demolition of approx. 55,600 sq. ft. of

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existing commercial tenant space within the Marketplace Center (former Nob Hill Foods, etc.); a proposed Site Plan (Figure 2) for construction of 40 single-family, detached condominium residential units; four (4) Junior Accessory Dwelling Units; the renovation and establishment of hours of operation for an existing 1,869 sq. ft. Eating & Drinking Establishment (Starbucks); subdivision of the Project area into 18 new parcels with a Vesting Tentative Map for Condominium Purposes; associated parking removal; new and modified parking areas; tree removals; and landscape improvements.

Figure 1: Proposed Overall Marketplace Center Subdivision Map

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Figure 2: Proposed Site Plan (excluding commercial component) Housing Accountability Act (HAA)
As briefly discussed in the Background section of this report, the City’s review of the proposed Project is subject to the requirements of the Housing Accountability Act (HAA) (Government Code section 65589.5), as amended by State laws such as SB 330 (Housing Crisis Act 2019) and SB 8 (2021). These State laws establish strict limitations on a local government’s authority to deny, reduce the density of, or make infeasible housing development projects. Specifically, the HAA allows local agencies to establish and enforce “appropriate design review standards,” but only on the condition that “those standards must be objective and they must be in place at the time an application is complete.” (California Renters Legal Advoc. & Educ. Fund (“CARLA”) v.

City of San Mateo (2021) 68 Cal.App.5th 820, 846.)
If a city denies a project based on subjective (as opposed to objective) standards, the denial would be in violation of the HAA, leaving the city vulnerable to legal challenge from the developer, a housing advocacy group, or the State of California. If a court finds that the City improperly denied a project, it can order the City to re-hear the project or, in some cases, simply order approval of the project. A prevailing plaintiff in a lawsuit under the HAA is also entitled to attorney’s fees from the City. If the City fails to comply with a court order to approve a project under the Housing Accountability Act, the City will face a minimum fine of $10,000 per unit of housing in the project that the City improperly denied, with fines up to $50,000 per unit being possible. (See CA Gov. Code § 65589.5(k).) However, the HAA does not prohibit the City from

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imposing conditions of approval based on subjective standards, provided those conditions of approval do not have the effect of denying the project, do not impact the project’s ability to provide housing at the density proposed and allowed by the zoning, do not constrain a local government’s ability to achieve its RHNA housing targets, and do not run afoul of other State and Federal requirements, such as nexus, rough proportionality, and Equal Protection.

Objective vs. Subjective Standards
The HAA provides that, “nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need.” (CA Gov. Code § 65589.5(f)(1).) When a housing development project complies with applicable, objective development standards, the City may not deny the project or impose a condition that it be developed at a lower density without making specific findings that the project would otherwise have a specific, adverse impact on public health and safety that cannot be mitigated. The threshold question, then, is what qualifies as an objective standard.

For a standard to be objective, it must be “uniformly verifiable,” which means that “there is little to no room for reasonable persons to differ on whether a project complies with [an external and uniform] benchmark.” (CARLA, 68 Cal.App.5th at 845.) By contrast, standards that are “so malleable that reasonable minds could differ on whether they are met” are not objective, and may not be used to evaluate housing development projects under the HAA. (CARLA, 68 Cal.App.5th at 851.) If a standard requires any level of “after-the-fact interpretive gloss,” it is not sufficiently objective. (CARLA, 68 Cal.App.5th at 841-842.)
The HAA also provides that a project shall be deemed consistent with City standards if there is evidence sufficient for a reasonable person to conclude the project is consistent. (CA Gov. Code § 65589.5(f)(4).) Moreover, this evidence can come from anywhere in the record, including staff reports, public testimony, and analysis from the project sponsor; a reviewing court is not limited to the approval body’s findings when assessing whether there is evidence that a project complies with objective standards. (CARLA, 68 Cal.App.5th at 852-854.) In practice, this means that if the City is challenged by a developer for denying a housing project, the City does not receive the normal amount of deference from a reviewing court for its decisions. It is therefore not sufficient for the city to find a basis for denial; it must also find that there is no reasonable basis for approval. This is a much higher threshold for denial than the traditional rational basis that has previously applied to city review for consistency.

The Planning Commission Agenda Packets (referenced above) include additional analysis regarding compliance with applicable objective local development standards and examples of objective versus subjective standards, as set forth by the HAA.

The Appeal Hearing
Under Zoning Ordinance Section D7-12(C), the City must conduct this appeal hearing as a “de novo” hearing, and the City Council may consider new materials and testimony in addition to the

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same application, plans, and related project materials that were the subject of the original decision by the Planning Commission.

CAMPAD Appeal
The CAMPAD Appeal reasons are copied verbatim from the CAMPAD Appeal request (Attachment C), followed by City Staff responses.

Reason 1 for CAMPAD Appeal:

General Plan Policy 4.6-1-26 explicitly requires a master plan in connection with the proposed activity and no master plan is included as a condition of approval. A reasonable person could not conclude that the project is compliant with this condition since there is no master plan. (Cf. Gov. Code, § 65589.5(f)(4).) This condition is not barred by SB 330 because the City is "not barred from imposing conditions of approval that do not reduce density." (California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 850 (emphasis in original).)
Response:

As an initial matter, there is sufficient evidence in the record to support the conclusion that the Project complies with General Plan Policy 4.6-I-26. This policy seeks to “encourage the joint redevelopment of the Marketplace and Orchard Supply Center sites via the applicant’s preparation of a master plan where made feasible.” The Master Plan is intended to “focus on facilitating improved circulation, access, and visibility, as well as encouraging a broader mix of uses, including residential.” Moreover, when residential uses are proposed, a Master Plan shall analyze “additional features intended to improve circulation, access, and visibility, encourage a broader mix of uses, and/or convert existing uses to residential.” Here, the Project application includes specific proposals that improve circulation, access, and visibility, both within the Marketplace site and between the Marketplace and Orchard Supply Center sites. The Project would introduce a mix of uses, including residential uses into the Marketplace site. Based on these facts, City staff determined that the Project was consistent with General Plan Policy 4.6-I-26 in the staff report prepared in advance of the October 4, 2022 Planning Commission hearing. Staff’s analysis was augmented by multiple submittals from the Project sponsor, including contextual analysis of circulation and connectivity that furthered the objective of General Plan Policy 4.6-I-26. Ultimately, the Planning Commission concluded that the Project complied with General Plan Policy 4.6-I-26 to the extent the policy is applicable to the Project.

The term “Master Plan” is not defined in the General Plan, so there is no objective basis to conclude that the Project does not satisfy this requirement. By contrast, there is sufficient evidence to support the conclusion that the Project has complied with General Plan Policy

4.6-I-26, as demonstrated by the fact that the Project sponsor, City staff and the Planning Commission each reached this conclusion. Therefore, the Project is deemed to comply with General Plan Policy 4.6-I-26 under the HAA (GC § 65589.5(f)(4).)

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Although there is sufficient evidence to support the conclusion that the Project complies with General Plan Policy 4.6-I-26, even if this were not the case, the policy does not include an objective standard that would provide a legal basis to deny the Project. As noted above, there is no definition of what constitutes a “Master Plan,” so reasonable minds may differ on what the policy requires. In addition, a policy that “encourages” redevelopment “where made feasible” is not uniformly verifiable. Therefore, General Plan Policy 4.6-I-26 is not objective, and even if the Project did not comply, such non-compliance would not provide a basis for the City to deny the Project or lower its density.

Moreover, the California Department of Housing and Development, (HCD) advises that a City “shall not require a development proponent to meet any standard for which the locality typically exercises subjective discretion, on a case-by-case basis,” because such a requirement would expose housing development projects to non-objective standards. (HCD SB 35 Guidelines § 300(c)(2).) Here, adopting a condition of approval to comply with a subjective process to seek future approval of a Master Plan would upend the HAA’s protections by subjecting the Project to non-objective standards and an uncertain development approval process that would “lower density” by impacting the Project’s ability to provide housing. Therefore, a condition of approval requiring a Master Plan in the future would also violate the HAA.

Finally, a given project need not be in perfect conformity with each and every general plan policy in order for the City to conclude that the project is compatible with the plan’s objectives, policies, land uses, and programs. (San Francisco Tomorrow v. City and County San Francisco (2014) 229 Cal.App.4th 1490; Banker’s Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755.) Here, the Project satisfies the General Plan’s land use requirements for the Marketplace site and generally advances the City’s policies to promote mixed-use development on the site. Therefore, strict compliance with General Plan Policy 4.6-I-26 would not be required, even without the HAA’s limitations discussed above.

Reason 2 for CAMPAD Appeal:

The proposed project does not satisfy the requirements for a horizontal mixed-use project as specified in General Plan pages 4-23 and 4-24 and 4.6-1-23, and Zoning Ordinance Sections D2-12(A) and D2-15(B) and Appendix A.

Response:

As set forth in the staff report prepared prior to the October 4 Planning Commission hearing, staff determined that the Project was a “mixed use project” that is consistent with the applicable General Plan and Zoning Ordinance standards. In short, the Project proposes a development that will include both an existing standalone retail structure and construction of new residential units distributed horizontally on the Project site; this configuration is sufficient to support a reasonable person’s conclusion that the Project is a horizontal mixed use project. In addition, the Zoning Ordinance Appendix A titled “Mixed Use Zone Redevelopment Guidelines,” are subjective guidelines rather than mandatory, objective

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development standards with which the Project must comply. The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include consideration of requirements for a horizontal mixed-use project and the prior comments provided by the Appellant, and prior Planning Commission staff reports include responses that address the basis for the CAMPAD Appeal on this point. The record of decision also includes additional oral discussions by the Planning Commission considering requirements for a horizontal mixed-use project, and the identified Zoning Ordinance sections. Therefore, as a matter of law, the project is consistent.

Reason 3 for CAMPAD Appeal:

The proposed project, which destroys significant, critical, centrally-located and prime retail and replaces it with 40 market-rate single-family condominiums, is not consistent with the General Plan Policies 3.1-G-l, 4.6-1-16, 4.6-1-17, 4.6-1-20, 4.6-1-21 and 5.6-G-2.

Response:

As an initial matter, there is sufficient evidence for a reasonable person to conclude that the Project conforms to each of the General Plan policies cited in the CAMPAD Appeal; see Attachment G for a table describing how the Project is consistent with these standards. Even if the Project were not consistent with these General Plan policies, the listed policies are each subjective, and would not provide a basis to deny the Project or reduce its density under the HAA. Likewise, the policies are not fundamental, mandatory and clear, so strict compliance would not be required for the City to conclude that the Project nevertheless is compliant with the General Plan.

Moreover, the Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include consideration of the General Plan 2035 and various guiding and implementing policies, which establish the long-term vision for development within the community. The prior Planning Commission staff reports include responses that address the basis for the CAMPAD Appeal on this point. Additionally, the General Plan 2035 Interpretation language states that “[c]ommon sense and reason should be utilized in interpreting the provisions of the General Plan” and that “[a]ll relevant aspects of the General Plan should be viewed with no single aspect viewed in isolation.” Under this guideline, and as further described in the record of decision documentation, the Project is consistent with all applicable General Plan 2035 policies.

Reason 4 for CAMPAD Appeal:

The proposed project does not meet the Zoning Ordinance definition of "proposed project" (p. 8-33), which does “not include the alteration of any portion of an existing structure other than an addition[,]” because the application does not propose any addition to the commercial component of the mixed use project (Starbucks).

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Response:

The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include consideration of the Zoning Ordinance definition of “Proposed Project.” The prior Planning Commission staff reports include responses that address the CAMPAD Appeal reasoning, in the context with the Mixed Use project definition and all relevant General Plan and Zoning Ordinance descriptions and related definitions.

The most recent Planning Commission staff report concludes that the Project is consistent with previous interpretations for other Mixed Use development project site areas, such as the CityWalk Master Plan. As with both the CityWalk Master Plan and the proposed Marketplace Mixed Use development project, it is the Applicant that establishes a proposed Project site area, and the identified project site area may include both existing and proposed uses. The record of decision documentation also includes additional oral discussions by the Planning Commission considering the Zoning Ordinance definition of “Proposed Project.” As the City has previously found other developments consistent with this standard, a reasonable person could conclude that this project is also consistent. (See CA Gov. Code § 65589.5(f)(4).) As a matter of law, therefore, the project is consistent with this standard.

Reason 5 for CAMPAD Appeal:

The Commission was required to consider whether the application complied with the objective requirements for minimum site unit density and mixed use because on October 4, 2022 staff accepted the Commission's direction to provide the applicant written notice of such inconsistencies in accordance with the procedures of SB 330 and the applicant was present at the hearing, thereby receiving actual notice of such direction, yet later met with staff with the result that staff issued an ultra vires letter contrary to the direction of the Commission. The applicant should be deemed to have received the deficiency letter dictated by the Commission as the timeline of events indicates the applicant may have been in involved in frustrating issuance of that letter and thus would have ''unclean hands." Response:

Although not required by the San Ramon Municipal Code, the Planning Commission held a hearing on October 4, 2022 to receive information about the Project and provide their feedback to City staff and the Project applicant. In advance of the Planning Commission hearing, and consistent with the Municipal Code, City staff analyzed the project for compliance with the City’s applicable, objective standards. Specifically, Municipal Code § D6-20.A provides as follows:
“The Department shall review all discretionary applications filed in compliance with this Division to determine whether they comply and are consistent with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.”

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In the October 4, 2022 staff report, City staff presented their analysis explaining how the Project satisfied the City’s applicable, objective standards. Because this analysis provided substantial evidence that would allow a reasonable person to conclude the Project is consistent with the City’s objective development standards, the Project was at that time deemed consistent with such standards as a matter of law under the section (f)(4) of the Housing Accountability Act.

At the October 4, 2022 Planning Commission hearing, members of the Planning Commission observed two “potential” consistency issues with the Project’s density calculation and the definition of “mixed-use,” but they did not find that no reasonable person could reach the conclusion that the Project was consistent with standards (as City staff has concluded).

Moreover, The fact that the Commission itself described these issues as “potential” issues demonstrates that the concerns expressed about project density and consistency with the definition of “mixed use project” were not objective; it was possible for reasonable people to view the standards and reach different conclusions. Under the HAA, this would mean that the standards would not be a legal basis to deny the Project or lower its density.

Following the October 4 Planning Commission hearing, City staff sent a letter to the Applicant on October 17, 2022 evaluating the Project’s compliance with applicable, objective standards, consistent with City staff’s obligations under Municipal Code § D6-20.A and Section (j)(2) of the Housing Accountability Act.

The October 17, 2022 letter correctly reported that, using the standards of review applicable under the HAA, the Project was consistent with the City’s applicable, objective standards.

As directed by the Planning Commission, the City’s letter also identified the two “potential” consistency issues flagged by the Planning Commission as areas for further discussion.

However, no letter could have “preserved” the right of the Commission to deny the project based on its two identified issues, because under the HAA, the Project was already deemed consistent with such standards (or such standards were not objective and therefore did not have legal relevance under the HAA). The October 17 letter confirmed this, but also requested additional information from the applicant to allay the Planning Commission’s concerns.

The CAMPAD Appeal claims that “(t)he applicant should be deemed to have received the deficiency letter dictated by the Commission,” based on appellant’s assertion that the October 17 Letter was an ultra vires act. As demonstrated above, appellant’s assertion is false. Even if it were true that the October 17 Letter was an ultra vires act, and even if the Council could now somehow revise the wording of the October 17 Letter, such an action would have no legal effect. The project application complied with all objective standards, irrespective of the content of the October 17 Letter. No alternative wording would have conferred additional rights to the City to deny the project.

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Reason 6 for CAMPAD Appeal:

Condition 59, requires approval of regional utility providers, including waste storage facility districts, but does not specify ACI of San Ramon, or other trash pickup service provider.

Such provider's confirmation of commitment to provide service, including that vehicle access and receptacle placement and enclosure design standards are in fact adequate, is necessary for the good functioning of the mixed use development and the public welfare.

Response:

The final Conditions of Approval included with Planning Commission Resolution No. 02-23 incorporate the following Condition referenced in Reason 6 for the CAMPAD Appeal. The following Condition is required to be completed prior to site development permit issuance:

60. The Applicant shall provide evidence of approvals from utility providers, including but not limited to, East Bay Municipal Utility District, Central Contra Costa Sanitary District, Dublin San Ramon Services District, AT&T, and PG&E.

The Project applications, as with any development proposal, prior to deeming the applications complete as part of the public review process, goes through a review process requesting comments from internal City departments and external agencies. ACI of San Ramon was included as part of this review process and City staff did not receive a response from ACI of San Ramon regarding the Project. However, the Applicant consulted with ACI of San Ramon when they designed and incorporated truck turning template details provided in the Preliminary Solid Waste Access Plan (Sheet TM-10). Additionally, the Applicant has indicated on the Floor Plans for each residence (see Sheet A1.1 for example) the storage location of receptacle placement in the typical side yard areas. Based upon the fact ACI of San Ramon did not provide any statement to the City that the Project could not be serviced and that the Applicant provided plans based upon consultation with ACI of San Ramon, the Project has demonstrated compliance with this Condition as it relates to ACI of San Ramon.

Reason 7 for CAMPAD Appeal:

As noted in the points above, "the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans" (Gov. Code,§ 66474(b)) and the subdivision should not have been approved.

Response:

The California Subdivision Map Act Section 66474 establishes a list of findings that, if made, require a legislative body of a City to deny approval of a tentative map if the proposed subdivision is not consistent with the applicable General Plan and Specific Plan. Note, however, that California Subdivision Map Act findings based on standards that are not objective do not provide a basis to deny or lower the density of a housing development project. (Honchariw v County of Stanislaus (2011) 200 Cal.App.4th 1066.) The Planning

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Commission’s decision to approve the Marketplace Mixed Use Development Project did include a Major Subdivision finding that the proposed Vesting Tentative Map is consistent with all applicable, objective requirements of General Plan 2035, State Law, and the City’s Subdivision Ordinance, and Municipal Code.

Additionally, the Planning Commission staff reports and the record of decision documentation include responses that address the CAMPAD Appeal reasoning, affirming the Planning Commission’s finding that the proposed Vesting Tentative Map is consistent with all applicable requirements of General Plan 2035, State Law, and the City’s Subdivision Ordinance, and Municipal Code.

Reason 8 for CAMPAD Appeal:

The proposed project does not qualify for an infill exemption to CEQA review under title 14 of the Code of Regulations ("CEQA Guidelines"), section 15332 because:
a. As noted above, the project is not "consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations."
b. "Approval of the project" would result in "significant effects relating to traffic, noise, air quality, or water quality" because the elimination of a 55,635 square feet of commercial space (out of ~185,000 square feet of existing tenant space), including a building designed for a full-service grocery store, would result in significant traffic/air quality impacts due to increasing vehicle miles travelled by residents driving to more distant grocery stores or other commercial services that can no longer be offered at the site after the commercial square footage has been demolished and replaced with condominiums. The VMT analysis in the staff reports focused on reduction of traffic to and from the subject site and did not consider the consequences of elimination of the commercial square footage in this easily accessible location. c. The "project site" (see CEQA Guidelines, § 15378(a) (defining "project")) is "more than five acres" because the proposed development is occurring on 3.91 acres and a reciprocal commercial parking easement will cover additional acres of parking in the adjacent shopping center in which vehicle activity related to the commercial elements of the mixed use development will also occur.
d. The project will result in ''unusual circumstances." (CEQA Guidelines,§ 15300.2(c).) Such circumstances necessitating consideration include the demolition of 55,635 square feet of retail despite the known significant vehicular outflow from the City caused by retail leakage and growing need for future local retail capacity detailed in the The Natelson Dale Group, Inc., Retail Development Opportunity Analysis (May 23, 2022).

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Response:

The following provides a response to each of the points related to Reason 8 for the CAMPAD Appeal:
a. The Planning Commission staff reports and the record of decision include responses that address the CAMPAD Appeal reasoning, affirming the Planning Commission’s findings that the Project is consistent with the applicable General Plan designation, all applicable General Plan policies, and with applicable Zoning designation and regulations.
b. The Planning Commission staff reports and the record of decision include responses that address the CAMPAD Appeal reasoning on this point. Specifically, the Applicant has provided a Traffic Analysis (dated August 12, 2022) and Vehicle Miles Traveled (VMT) Analysis (dated June 24, 2022), prepared by TJKM (Attachment E) that demonstrates the consideration of the elimination of the commercial square footage on the subject property.

The Traffic Analysis concludes that with the proposed removal of the existing commercial tenant space and construction of the proposed residential uses there will be an overall decrease in daily vehicle trips (-4,469), a decrease is AM peak period vehicle trips (-132), and a decrease in PM peak period vehicle trips (-458).

Based upon an analysis with the Contra Costa County Transportation Authority (CCTA) travel demand model, the proposed Project will reduce total daily Vehicle Miles Traveled (VMT) in the City of San Ramon by 91,462 trips when compared to the existing Project site land uses. Based on guidance by the State of California Office of Planning and Research Technical Advisory on Evaluating Transportation Impacts for CEQA (2018), the consultant states the proposed Project has a less-than significant transportation impact because it replaces existing VMT-generation land uses that leads to a net overall decrease in VMT (citywide).

The City Traffic Engineer supports the methodology and conclusions that the provided Traffic Analysis shows a net decrease in total daily vehicle trips, in peak hour vehicle trips, and the provided VMT Analysis shows a net decrease in total daily VMT (citywide), resulting in a less than significant impact. c. The pertinent part of the Guidelines for CEQA of 1970, as amended, (CEQA Guidelines) Section 15378 defines a “Project” under CEQA as:
“Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,… The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project included a CEQA finding that the Project site is less than 5

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acres (3.91 acres), consistent with the condition that the project site is not more than 5 acres for the categorical exemption under Class 32, Section 15332 pertaining to InFill Development Projects. Even in circumstances where a project is part of a larger overall development, as long as the area that would be altered by the particular project is less than 5 acres, the Class 32 exemption remains applicable. (Protect Tustin Ranch v City of Tustin (2021) 70 Cal.App.5th 951.) The Conditions of Approval include a requirement for recordation of a reciprocal access and shared parking agreement for non-residential uses only between the Project’s existing 34 parking spaces for commercial uses on the non-residential parcel and the remainder Marketplace Center parking spaces. The provision for reciprocal access and shared parking ensures the Project’s existing non-residential land use and adjacent remainder Marketplace Center existing non-residential uses have adequate parking to serve customers. The Project formally memorializes an existing shared parking arrangement, and the CAMPAD Appeal does not provide additional information demonstrating that including the reciprocal access and shared parking agreement to the Project, as required under the Conditions of Approval, would result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. d. The pertinent part of the Guidelines for CEQA of 1970, as amended, (CEQA Guidelines) Section 15300.2(c) establishes the following exception when a lead agency makes a finding a Project is categorically exempt from CEQA of 1970, as amended:

Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project included a CEQA finding that the Project site is categorically exempt from CEQA of 1970, as amended, pursuant to an exemption under Class 32, Section 15332 pertaining to In-Fill Development Projects because among other factors, the Project site does not present unusual circumstances for a small urban site, and would not cause significant environmental impacts due to any unusual circumstance.

The Planning Commission staff reports and the record of decision demonstrate the Commission did consider, among other information, the following reports:

1. Traffic Analysis (dated August 12, 2022), and

2. Vehicle Miles Traveled (VMT) Analysis (dated June 24, 2022).

These reports, prepared by TJKM and included herewith as Attachment E, demonstrate that the Commission considered of the elimination of the commercial square footage on the subject property. The City Traffic Engineer supports the

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methodology and conclusions in both the Traffic Analysis and VMT Analysis. The Traffic Analysis shows the Project will result in an overall decrease in daily vehicle trips (-4,469), a decrease is AM peak period vehicle trips (-132), a decrease in PM peak period vehicle trips (-458). The VMT Analysis used the Contra Costa County Transportation Authority (CCTA) travel demand model to show the Project will reduce total daily Vehicle Miles Traveled (VMT) in the City of San Ramon by 91,462 trips when compared to the existing Project site land uses.

Based on guidance by the State of California Office of Planning and Research Technical Advisory on Evaluating Transportation Impacts for CEQA (2018), the consultant states the proposed Project has a less-than significant transportation impact because it replaces existing VMT-generation land uses that leads to a net overall decrease in VMT (citywide).

The appellant cites potential future retail demand based on optimizing retail opportunities identified in the San Ramon: Retail Development Opportunities Analysis (dated May 23, 2022), prepared by The Natelson Dale Group, Inc.. This analysis is not applicable to the Project VMT Analysis because it does not identify probable future development projects; rather, it provides a square foot range of estimated future retail demand for the City.

In summary, there is no new information has been provided by the appellant that would demonstrate that the Planning Commission erred in reviewing and approving the project given the limitations of SB 330 and due process requirements. Additionally, the Applicant has provided a response to the CAMPAD Appeal, included here as Attachment H. Based on the appeal information provided and the record of decision, City Staff recommends denial of the CAMPAD appeal.

Applicant Appeal
The Applicant’s Appeal reasons, more fully detailed in the Applicant Appeal request (Attachment B), object solely to one Condition of Approval requiring the Applicant record a Shared Parking Agreement to allow overnight residential use parking on the Project’s nonresidential parcel. The Appeal claims as follows:
 Absent the Shared Parking Condition, the Project Complies with All Applicable Parking Requirements.
 The Planning Commission Acted Contrary to Law in Imposing the Shared Parking Condition.
 The Shared Parking Condition May Render the Project’s Retail Space Unleasable and Could Harm the Marketplace at San Ramon
The Planning Commission’s approval of the Marketplace Mixed Use Development Project included the following Condition of Approval in question:

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13. Prior to Final Map recordation, the Applicant shall establish and record on the affected properties a Shared Parking Agreement between the HOA and the Property Owner of the proposed Project non-residential parcel to allow overnight residential use parking between 9:00 p.m. and 6:00 a.m. on the proposed Project non-residential parcel. The Shared Parking Agreement shall be subject to review by the Community Development Director and may include vehicle registration, a sticker program, and/or guest permits for overnight stays. Said document shall be submitted for the City’s review at least thirty (30) days prior to the Applicant’s Final Map recordation.

The Commission requested this Condition be included because the Commission determined the following Zoning Ordinance Section D2-15(B)(3)(b) requires shared parking between the residential and non-residential land uses on the Project site:
b. Parking. To encourage the development of both residential and nonresidential uses in mixed use zones, the use of shared parking provisions shall be incorporated into mixed use projects.

City Staff did not recommend inclusion of this Condition during the Planning Commission review and continues to recommend eliminating the Shared Parking Agreement Condition of Approval. The Project complies with the City’s objective parking standards (within the objective constraints of the HAA) for single-family dwellings, and there is no additional established objective standard (e.g. City standard or Health and Safety standard) that requires additional parking beyond what is included with the proposed Project.

Zoning Ordinance Section D2-15(B)(3)(b) provides as follows:

Parking. To encourage the development of both residential and nonresidential uses in mixed use zones, the use of shared parking provisions shall be incorporated into mixed use projects.

The Project already incorporates shared parking provisions into the mixed use project. The Project Conditions of Approval require the recordation of a reciprocal access and shared parking agreement between the Project’s existing 34 parking spaces for commercial uses on the nonresidential parcel and the remainder Marketplace Center parking spaces. The objective standard does not require the shared parking provisions between the residential and non-residential land uses of a mixed use project; rather it requires incorporation of shared parking provisions into a mixed use project.

The Project complies with the letter of the City’s parking ordinance; however, the project does represent a unique condition with regard to parking configuration, due to lack of street parking and no driveway parking provided for within the Project site. The Commission found this to be a potential health and safety issue, given that residents and their guests might need to walk an unusually long distance at night in order to find available on-street parking elsewhere. It may be further argued that the City’s parking ordinance did not anticipate the development of residential units that feature no on-street parking, either on-site or nearby, and no driveway parking.

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The Commission based its decision to impose Condition of Approval 13 on all of the above reasons. Under Nollan v. California Coastal Commission, 483 U.S. 825, the Supreme Court held that a municipality must establish an essential nexus (i.e., a causal link) between a development impact and the Conditions of Approval imposed on the development. Further, under Dolan v.

City of Tigard, 512 U.S. 374, the Supreme Court held that there must be “rough proportionality” between the identified impacts of a project and the conditions of approval imposed on it. In this case, since the proposed Project complies with the City’s adopted objective parking standards, the Applicant argues that there is not a sufficient nexus between the proposed Project and the need for the Shared Parking Agreement Condition, nor would the condition be roughly proportional to the Project’s impacts and sufficiently related to the City’s regulatory interests.

In light of the Project Applicant’s position, Staff therefore recommends that the Council delete the parking condition (Condition of Approval No. 13), uphold the appeal, and adopt the City Council Resolution, which includes new findings of fact and modified conditions of approval.

Summary
The appeal by CAMPAD includes no new information that would demonstrate that the Planning Commission erred in reviewing and approving the project given the limitations of the HAA, as modified by SB 330, and due process requirements. The Applicant’s Appeal highlights the potential nexus issues with the proposed shared parking condition of approval. Based on all the information of both appeals provided, and the record of decision, City Staff recommends that the Council deny the CAMPAD appeal, uphold the Applicant’s Appeal based on specific findings, and adopt the City Council Resolution, which includes new findings of fact and modified conditions of approval.

FISCAL IMPACTS
The recommended action by the City Council on the Appeals does not result in fiscal impacts to the City. However, if the City denies the project based on subjective (as opposed to objective) standards, the denial would violate the HAA, leaving the city vulnerable to legal challenge from the developer. If a court finds that the City has improperly denied the project, it can order the City to re-hear the project or, in some cases, simply order approval of the project. A prevailing plaintiff in a lawsuit under the HAA is also entitled to attorney’s fees from the City. If the City fails to comply with a court order to approve a project under the Housing Accountability Act, the City will face a minimum fine of $10,000 per unit of housing in the project that the City improperly denied, with fines up to $50,000 per unit being possible. (See CA Gov. Code § 65589.5(k).)

NEXT STEPS
If approved, the Applicant may obtain all necessary permits from the City on the effective date of the draft Resolution.

ATTACHMENT
A: Vicinity Map

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B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) C: Appeal filed by Citizens Against Market Place Apartment Condo Development (CAMPAD Appeal)
D: Planning Commission Resolution No. 02-23 with Conditions of Approval E: Applicant Project Description, Project Plans, and Technical Reports F: Agreement to Extend Time
G: City Response to General Plan Policies Cited in Reason 3 for CAMPAD Appeal H: Applicant CAMPAD Appeal Response
I: Public Comments Received

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RESOLUTION NO. 2023-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

DENYING THE APPEAL FILED BY THE CITIZENS AGAINST MARKET PLACE APARTMENTS/CONDO DEVELOPMENT (CAMPAD); UPHOLDING THE APPEAL OF THE APPLICANT MARKETPLACE AT SAN RAMON, LLC; AND APPROVING THE MARKETPLACE MIXED USE DEVELOPMENT PROJECT DP 2022-0007; MJ 2022-0005 (VESTING TENTATIVE MAP 9607); LUP 2022-0004; AR 2022-0032; TRP 2022-0009; AND ENVR 2022-0004 LOCATED AT 130 MARKET PLACE SUBJECT TO

REVISED PROJECT FINDINGS AND AMENDED CONDITIONS OF APPROVAL (APN: 213-701-002) MARKETPLACE AT SAN RAMON, LLC (APPLICANT AND

PROPERTY OWNER)
WHEREAS, in 1986, Contra Costa County approved the existing Marketplace Center, including the San Ramon Library and the shopping center, which included the subject property at 130 Market Place (APN: 213-701-002) and development directly north of Montgomery Street; and
WHEREAS, on December 4, 1987, the City of San Ramon annexed the existing Marketplace Center into the City of San Ramon; and
WHEREAS, in 1995, the City of San Ramon changed the General Plan land use designation to Mixed Use for the subject property; and
WHEREAS, in 2006, the City of San Ramon changed the Zoning District to Mixed Use (MU) for the subject property; and
WHEREAS, on November 2, 2021, the Applicant submitted a Preliminary Housing Development application (PHD 2021-0001) for the proposed Marketplace Mixed Use development project, incorporating a Project site area of 3.91 acres located on the existing 12.43- acre parcel (APN: 213-701-002) and part of the Marketplace Center (130 Market Place); and WHEREAS, on November 23, 2021 the City Planning Staff accepted the Preliminary Housing Development application (PHD 2021-0001); and
WHEREAS, under the Housing Accountability Act, as amended by the 2019 SB 330 Housing Crisis Act (HAA), an applicant must submit a complete application, including all information required to process the development application, within 180 of submittal of the Preliminary Housing Application, in order to secure vesting rights as of the date of submittal of the Preliminary Housing Development application; and
WHEREAS, on April 28, 2022, prior to the expiration of a 180-day period established by the HAA for the Preliminary Housing Development application (PHD 2021-0001), the Applicant submitted the subject Development Plan application (DP 2022-0007), Major Subdivision application (MJ 2022-0005 – Vesting Tentative Map 9607), Use Permit (LUP 2022- 0004), Architectural Review application (AR 2022-0032), Tree Removal Permit (TRP 2022-

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0009), and Environmental Review application (ENVR 2022-0004) for the Marketplace Mixed Use development project (the “Project”); and
WHEREAS, the Project consists of the demolition of approx. 55,636 sq. ft. of existing commercial tenant space, construction of 40 single-family detached condominium units, 4 Junior Accessory Dwelling Units, the maximum open business hours of operation and renovation of an existing 1,869 sq. ft. building for an existing Eating & Drinking Establishment (Starbucks), associated parking lot modifications, tree removals, landscape improvements, and the subdivision of the Project area into 18 new parcels with a Vesting Tentative Map for Condominium Purposes; and
WHEREAS, on May 27, 2022, Planning Staff deemed the subject applications incomplete and requested revised project plans and additional items from the Applicant; and WHEREAS, on July 1, 2022, the Applicant submitted revised project plans and additional items for the subject applications; and
WHEREAS, on July 29, 2022, Planning Staff again deemed the subject applications incomplete and requested revised project plans and additional items from the Applicant; and WHEREAS, on August 16, 2022, the Applicant submitted revised project plans and additional items for the subject applications; and
WHEREAS, on September 15, 2022, the subject applications for a Development Plan, Major Subdivision, Use Permit, Architectural Review, Tree Removal Permit, and Environmental Review were deemed by Planning Staff as complete for processing; and WHEREAS, on September 23, 2022, City Staff mailed a notice of a Planning Commission public hearing for October 4, 2022 to property owners within 700 feet of the subject property, which complies with and exceeds the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on October 4, 2022, the Planning Commission held a public hearing to consider the proposed Marketplace Mixed Use development project applications, received the staff report, received a presentation by the Applicant, project plans, other pertinent documents, and received public comment testimony, and continued the public hearing to a date to be determined for further discussion; and
WHEREAS, following the Commission’s feedback, on October 17, 2022, within a 30- day period from the date the subject applications were deemed complete, pursuant to Municipal Code § D6-20.A, City Staff provided a written letter to the Applicant, identifying Commission concerns regarding potential zoning and General Plan inconsistencies and stating there were “no identified inconsistencies with objective standards or criteria”; and

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WHEREAS, Public Resources Code Sections 21080.1 and 21080.2 call for a lead agency to make a CEQA determination within 30 days (30-day CEQA period) after a project application is accepted as complete; and
WHEREAS, Section 65950(a)(5) of the California Government Code requires the City “approve or disapprove” a project within sixty days (60-day period) from the determination by the lead agency that the project is exempt from the California Environmental Quality Act (CEQA); and
WHEREAS, on December 1, 2022, the City and the Applicant mutually agreed to a onetime, ninety (90) day written time extension agreement, terminating on March 14, 2023, to allow the City additional time to process and act on the proposed Project and ensure compliance with CEQA and the Permit Streamlining Act (PSA); and
WHEREAS, on December 30, 2022, City Staff mailed a notice of a Planning Commission public hearing for January 12, 2023 to property owners within 700 feet of the subject property, which complies with and exceeds the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on January 12, 2023, the Planning Commission held a continued public hearing to consider the proposed Marketplace Mixed Use development project applications, received the staff report, received a presentation by the Applicant, project plans, other pertinent documents, received public comment testimony, provided Project comments and feedback to staff and the Applicant, and continued the public hearing to February 7, 2023 for further discussion; and
WHEREAS, on February 7, 2023, the Planning Commission held a continued public hearing to consider the proposed Marketplace Mixed Use development project applications, received the staff report, received a presentation by the Applicant, project plans, other pertinent documents, received public comment testimony, provided Project comments and feedback to staff and the Applicant, and continued the public hearing to February 16, 2023 for further discussion; and
WHEREAS, on February 16, 2023, the Planning Commission held a continued public hearing to consider the proposed Marketplace Mixed Use development project applications, received the staff report, received a presentation by the Applicant, project plans, other pertinent documents, received public comment testimony, and closed the public hearing; and WHEREAS, the Project site (3.91 acres) is an urbanized area of less than 5 acres, to which all required utilities and public services are available; the Project site does not present unusual circumstances for a small urban site, and would not cause significant environmental impacts due to any unusual circumstance; no habitat value for endangered, rare, or threatened species has been identified at the Project site; and the Project would not result in significant effects to traffic, noise, air quality, or water quality as documented by the technical studies provided; and

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WHEREAS, on February 16, 2023, the Planning Commission, in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials, the written and oral staff reports, and oral and written comments received by the City), approved the proposed subject Development Plan application (DP 2022- 0007), Major Subdivision application (MJ 2022-0005 – Vesting Tentative Map 9607), Use Permit (LUP 2022-0004), Architectural Review application (AR 2022-0032), Tree Removal Permit (TRP 2022-0009), and Environmental Review application (ENVR 2022-0004) based on the required findings; and
WHEREAS, on February 17, 2023, a Notice of Exemption was filed with the Contra Costa County Clerk Recorder, in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.); and
WHEREAS on February 24, 2023, Market Place at San Ramon, LLC filed an appeal of the Planning Commission decision asserting that the Commission acted contrary to the law by imposing a condition of approval requiring shared parking between the residential and commercial components of the Project, more specifically detailed in their appeal application; and WHEREAS on February 27, 2023, Citizens Against Market Place Apartments/Condo Development (CAMPAD) filed an appeal of the Planning Commission decision generally asserting the following: (1) lack of a Master Plan consistent with General Plan Policy 4.6-I-26; (2) the Project does not satisfy the requirements of a horizontal mixed use project; (3) the Project is not consistent with several specific General Plan policies; (4) the Project does not meet the Zoning Ordinance definition of “Proposed Project”; (5) staff issued and “Ultra Vires” letter contrary to the direction of the Commission; (6) the Project has not confirmed service from the local trash service provider; (7) the proposed subdivision is not consistent with the General Plan; and (8) the Project does not qualify for a CEQA Infill Exemption; and WHEREAS, on March 3, 2023, City Staff mailed a notice of a City Council public hearing for March 14, 2023 to property owners within 700 feet of the subject property, which complies with and exceeds the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on March 14, 2023, the City Council held a duly noticed public hearing and after receiving the Staff Report, and testimony from the Appellant, Applicant and the public, the Council closed the public hearing, deliberated; and
WHEREAS, the Housing Accountability Act (Government Code Section 65589.5) prohibits the City from denying the Project or lowering its density on the basis of alleged inconsistencies with the City’s development standards unless those standards are objective, and the Housing Accountability Act deems the Project consistent with the City’s development standards so long as there is evidence in the record that is sufficient for a reasonable person to conclude that the Project is consistent, even if other conclusions are also possible.

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NOW, THEREFORE, BE IT RESOLVED, that the City Council in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials, all related technical studies/documents, the written and oral staff reports, the written and oral comments received by the City, Conditions of Approval, minutes of meetings, documents relied upon or prepared by City staff relating to the Project, all correspondence submitted or delivered to the City in connection with the public hearings on the Project, and all other relevant documents contained in the administrative record), and does hereby make the following findings in accordance with the standards of review and other requirements of the Housing Accountability Act:

1. Regarding the CAMPAD Appeal:

Based on all material and testimony in the record, past Planning Commission record of decision, and information presented to the City Council, the City Council hereby finds the following:
a. The City Council findings for the Project, based on the record of decision and conditions of approval, are correct in that they address all aspects of the project design and operation through the combined findings related to the Development Plan Amendment, related applications, and Measure J findings.
b. The appeal provides no new information that was not previously considered as part of the record of decision.
c. Regarding Appeal Point 1: The Council finds that there is sufficient evidence in the record to support the conclusion that the Project complies with General Plan Policy 4.6-1-

26. This policy seeks to “encourage the joint redevelopment of the Marketplace and Orchard Supply Center sites via the applicant’s preparation of a master plan where made feasible.” The Master Plan is intended to “focus on facilitating improved circulation, access, and visibility, as well as encouraging a broader mix of uses, including residential.” Moreover, when residential uses are proposed, a Master Plan shall analyze “additional features intended to improve circulation, access, and visibility, encourage a broader mix of uses, and/or convert existing uses to residential.

Here, the Council finds that the Project application includes specific proposals that improve circulation, access, and visibility, both within the Marketplace site and also between the Marketplace and Orchard Supply Center sites. The Project would introduce a mix of uses, including residential uses into the Marketplace site.

4.6-1-26, as demonstrated by the fact that the Project sponsor, City staff and the Planning Commission each reached this conclusion. Therefore, the Council finds that Project is deemed to comply with General Plan Policy 4.6-1-26 under the HAA (GC § 65589.5(f)(4).)

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Although there is sufficient evidence to support the conclusion that the Project complies with General Plan Policy 4.6-1-26, even if this were not the case, the Council finds that this policy does not include an objective standard that would provide a legal basis to deny the Project.

As noted above, there is no definition of what constitutes a “Master Plan,” so reasonable minds may differ on what the policy requires. In addition, a policy that “encourages” redevelopment “where made feasible” is not uniformly verifiable. Therefore, General Plan Policy 4.6-1-26 is not objective, and does not provide a basis for the City to deny the Project or lower its density.

Finally, the Council finds that the Project satisfies the General Plan’s land use requirements for the Marketplace site and generally advances the City’s policies to promote mixed-use development on the site. Therefore, strict compliance with General Plan Policy 4.6-1-26 would not be required, even without the HAA’s limitations discussed above. d. Regarding Appeal Point 2: The Council finds that the Project is a horizontal mixed-use project as defined by applicable City standards. In short, the Project proposes a development that will include both an existing standalone retail structure and construction of new residential units distributed horizontally on the Project site; this configuration is sufficient to support a reasonable person’s conclusion that the Project is a horizontal mixed use project. In addition, the Zoning Ordinance Appendix A titled “Mixed Use Zone Redevelopment Guidelines,” are subjective guidelines rather than mandatory, objective development standards with which the Project must comply. The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include consideration of requirements for a horizontal mixed-use project and the prior comments provided by the Appellant, and prior Planning Commission staff reports include responses that address the basis for the CAMPAD Appeal on this point. The record of decision also includes additional oral discussions by the Planning Commission considering requirements for a horizontal mixed-use project, and the identified Zoning Ordinance sections. Therefore, the Council finds that as a matter of law, the Project is consistent. e. Regarding Appeal Point 3: The Council finds that there is sufficient evidence for a reasonable person to conclude that the Project conforms to each of the General Plan policies cited in the CAMPAD Appeal; see Attachment G to the March 14, 2023 staff report for a table describing how the Project is consistent with these standards, which the Council incorporates into this Resolution by reference. Even if the Project were not consistent with these General Plan policies, the listed policies are each subjective, and would not provide a basis to deny the Project or reduce its density under the HAA. Likewise, the policies are not fundamental, mandatory and clear, so strict compliance would not be required for the City to conclude that the Project nevertheless is compliant with the General Plan.

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interpreting the provisions of the General Plan” and that “[a]ll relevant aspects of the General Plan should be viewed with no single aspect viewed in isolation.” Under this guideline, and as further described in the record of decision documentation, the Council finds that Project is consistent with all applicable General Plan 2035 policies. f. Regarding Appeal Point 4: The Council finds that the Project meets applicable definitions. The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include consideration of the Zoning Ordinance definition of “Proposed Project.” The prior Planning Commission staff reports include responses that address the CAMPAD Appeal reasoning, in the context with the Mixed Use project definition and all relevant General Plan and Zoning Ordinance descriptions and related definitions, and the Council adopts this rationale by reference.

The Council also finds that the Project is consistent with previous interpretations for other Mixed Use development project site areas, such as the CityWalk Master Plan. As with both the CityWalk Master Plan and the proposed Marketplace Mixed Use development project, it is the Applicant that establishes a proposed Project site area, and the identified project site area may include both existing and proposed uses. The record of decision documentation also includes additional oral discussions by the Planning Commission considering the Zoning Ordinance definition of “Proposed Project.” As the City has previously found other developments consistent with this standard, a reasonable person could conclude that this project is also consistent. (See CA Gov. Code § 65589.5(f)(4).) The Council finds that, as a matter of law, therefore, the project is consistent with this standard. g. Regarding Appeal Point 5: The Council finds that the Project complies with applicable development standards, and therefore there are no issues to “preserve” under the Housing Accountability Act. The Council also finds that the October 17 letter referenced in the CAMPAD Appeal was not an “ultra vires” act, but even if the letter were “ultra vires” or could be undone, this would have no effect; because the Project is consistent with City standards, no alternative wording would have conferred additional rights to the City to deny the project.

The Council finds that the October 17, 2022 letter correctly reported that, using the standards of review applicable under the HAA, the Project was consistent with the City’s applicable, objective standards. As directed by the Planning Commission, the City’s letter also identified the two “potential” consistency issues flagged by the Planning Commission as areas for further discussion. However, no letter could have “preserved” the right of the Commission to deny the project based on its two identified issues, because under the HAA, the Project was already deemed consistent with such standards (or such standards were not objective and therefore did not have legal relevance under the HAA). The October 17 letter

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confirmed this, but also requested additional information from the applicant to allay the Planning Commission’s concerns.

The applicant, in response, provided the additional information as requested. The October 17 Letter, therefore, was not an ultra vires act, nor did Planning Commission’s discussion of “potential” consistency issues create a basis to deny the Project or reduce its density under the HAA, regardless of the October 17, 2022 letter’s contents. h. Regarding Appeal Point 6: The Project applications went through a review process, wherein City Staff requested comments from internal City departments and external agencies. ACI of San Ramon was included as part of this review process, and City staff did not receive a response from ACI of San Ramon regarding the Project. However, the Applicant consulted with ACI of San Ramon when they designed and incorporated truck turning template details provided in the Preliminary Solid Waste Access Plan (Sheet TM-10).

Additionally, the Applicant has indicated on the Floor Plans for each residence (see Sheet A1.1 for example) the storage location of receptacle placement in the typical side yard areas.

Based upon the fact ACI of San Ramon did not provide any statement to the City that the Project could not be serviced and that the Applicant provided plans based upon consultation with ACI of San Ramon, the Project has demonstrated compliance with this Condition as it relates to ACI of San Ramon.
i. Regarding Appeal Point 7: The California Subdivision Map Act Section 66474 establishes a list of findings that, if made, require a legislative body of a City to deny approval of a tentative map if the proposed subdivision is not consistent with the applicable General Plan and Specific Plan. Note, however, that California Subdivision Map Act findings based on standards that are not objective do not provide a basis to deny or lower the density of a housing development project. (Honchariw v County of Stanislaus (2011) 200 Cal.App.4th 1066.) The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project did include a Major Subdivision finding that the proposed Vesting Tentative Map is consistent with all applicable requirements of General Plan 2035, State Law, and the City’s Subdivision Ordinance, and Municipal Code; and Additionally, the Planning Commission staff reports and the record of decision documentation include responses that address the CAMPAD Appeal reasoning, affirming the Planning Commission’s finding that the proposed Vesting Tentative Map is consistent with all applicable requirements of General Plan 2035, State Law, and the City’s Subdivision Ordinance, and Municipal Code.
j. Regarding Appeal Point 8: CEQA has specific requirements to qualify for categorical exemptions:
8a. The Planning Commission staff reports and the record of decision include responses that address the CAMPAD Appeal reasoning, affirming the Planning Commission’s findings that the Project is consistent under the HAA with the applicable General Plan designation, all applicable General Plan policies, and with applicable Zoning designation and regulations.

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8b. The Planning Commission staff reports and the record of decision include responses that address the CAMPAD Appeal reasoning on this point. Specifically, the Applicant has provided a Traffic Analysis (dated August 12, 2022) and Vehicle Miles Traveled (VMT) Analysis (dated June 24, 2022), prepared by TJKM (Attachment E) that demonstrates the consideration of the elimination of the commercial square footage on the subject property.

The City Traffic Engineer supports the methodology and conclusions that the provided Traffic Analysis shows a net decrease in total daily vehicle trips, in peak hour vehicle trips, and the provided VMT Analysis shows a net decrease in total daily VMT (citywide), resulting in a less than significant impact. 8c. The pertinent part of the Guidelines for CEQA of 1970, as amended, (CEQA Guidelines) Section 15378 defines a “Project” under CEQA as:
“Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,… The Planning Commission’s decision to approve the Marketplace Mixed Use Development Project included a CEQA finding that the Project site is less than 5 acres (3.91 acres), consistent with the condition that the project site is not more than 5 acres for the categorical exemption under Class 32, Section 15332 pertaining to InFill Development Projects.

The Conditions of Approval include a requirement for recordation of a reciprocal access and shared parking agreement for non-residential uses only between the Project’s existing 34 parking spaces for commercial uses on the non-residential parcel and the remainder Marketplace Center parking spaces. The provision for reciprocal access and shared parking ensures the Project’s existing non-residential land use and adjacent remainder Marketplace Center existing non-residential uses have adequate

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parking to serve customers. The Project formally memorializes an existing shared parking arrangement, and the CAMPAD Appeal does not provide additional information demonstrating that including the reciprocal access and shared parking agreement to the Project, as required under the Conditions of Approval, would result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
8d. The pertinent part of the Guidelines for CEQA of 1970, as amended, (CEQA Guidelines) Section 15300.2(c) establishes the following exception when a lead agency makes a finding a Project is categorically exempt from CEQA of 1970, as amended:

The Planning Commission staff reports and the record of decision demonstrate the Commission did consider, among other information, the following reports:

1. Traffic Analysis (dated August 12, 2022), and

2. Vehicle Miles Traveled (VMT) Analysis (dated June 24, 2022).

These reports, prepared by TJKM and included in the administrative record, demonstrate that the Commission considered of the elimination of the commercial square footage on the subject property. The City Traffic Engineer supports the methodology and conclusions in both the Traffic Analysis and VMT Analysis. The Traffic Analysis shows the Project will result in an overall decrease in daily vehicle trips (-4,469), a decrease is AM peak period vehicle trips (-132), a decrease in PM peak period vehicle trips (-458). The VMT Analysis used the Contra Costa County Transportation Authority (CCTA) travel demand model to show the Project will reduce total daily Vehicle Miles Traveled (VMT) in the City of San Ramon by 91,462 trips when compared to the existing Project site land uses.

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The potential future retail demand based on optimizing retail opportunities identified in the San Ramon: Retail Development Opportunities Analysis (dated May 23, 2022), prepared by The Natelson Dale Group, Inc., is not applicable to the Project VMT Analysis because it does identify probable future development projects, rather, it provides a square foot range of estimated future retail demand for the City.

2. Regarding the Applicant’s Appeal:

Based on all material and testimony in the record, past Planning Commission record of decision, and information presented to the City Council, the City Council upholds the appeal of the Applicant based on the Following Findings:
a. The recitals above are true and correct and are incorporated herein by reference. b. Based on objective parking standards for single-family dwellings and there is no additional established objective standard (e.g., City Ordinance, City Policy, City standard or Health and Safety standard) that requires additional parking beyond what is included with the proposed Project.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council in the exercise of its independent judgment, in accordance with the Housing Accountability Act, and based upon all the evidence in the record, (including but not limited to all application materials, all related technical studies/documents, the written and oral staff reports, the written and oral comments received by the City, Conditions of Approval, minutes of meetings, documents relied upon or prepared by City staff relating to the Project, all correspondence submitted or delivered to the City in connection with the public hearings on the Project, and all other relevant documents contained in the administrative record) does hereby make the following findings for the proposed project:

3. Regarding CEQA:
a. The recitals above are true and correct and are incorporated herein by reference; and b. The Project, is categorically exempt from the California Environmental Quality Act pursuant to an exemption under Class 32, Section 15332 of the CEQA Guidelines (14 CCR 15000 et seq.) pertaining to In-Fill Development Projects because the Project site is an urbanized area of less than 5 acres, to which all required utilities and public services are available. Additionally, no habitat value for endangered, rare, or threatened species has been identified at the Project site. Furthermore, the proposed Project is consistent with applicable General Plan 2035 and zoning regulations, and would not result in significant effects to traffic, noise, air quality, or water quality as documented by the technical studies provided. Finally, none of the exceptions to the Class 32 Exemption are present. The Project site does not present unusual circumstances for a small urban site, and accordingly the Project would not cause significant environmental impacts due to any unusual circumstance; and

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4. Regarding the Development Plan:
a. The recitals above are true and correct and are incorporated herein by reference. b. The Project is not detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed development because the development will contribute to the affordable housing fund, the parkland dedication fund, the park and recreation facility impact fee fund, and the open space fund that will benefit the community, as further documented with the Measure “J” compliance findings, and the development of the site has been contemplated in the General Plan 2035, and is consistent with the applicable objective policies, land uses, and objective development standards established by the General Plan 2035, Zoning Ordinance, Municipal Code, and all other City requirements.
c. The Project is not injurious or detrimental to property or improvements in the neighborhood because the Project is designed to be compatible with the adjoining development(s), built in conformance with the General Plan 2035, including the proposed Mixed Use development project with a mix of residential and non-residential land uses envisioned in the General Plan 2035 Land Use Element and Housing Element, which also identifies the Project site as a Housing Opportunity Site. d. The Project is not injurious or detrimental to the general welfare of the City in that the Project is an in-fill development project and will have no significant environmental impacts as a result of the Project, the Project site landscaping and roadways will be maintained by private property owners, and the Project is required to address any significant negative fiscal impacts to City by establishing a funding mechanism to offset any additional costs associated with providing City services and facilities to the new residential units.
e. The Project is not within any Specific Plan and is consistent with the applicable policies and goals of the General Plan 2035, because the Project is a Mixed Use development project integrating a mix of horizontal residential and non-residential land uses on the same site with a coherent physical design and functional integral relationship, which is allowed within the General Plan 2035 Mixed Use land use designation, the Project is consistent with the General Plan 2035 Mixed Use land use residential density standard (including the glossary definition of “Acres, Net”), resulting in approximately 14.7 dwelling units per net Project site acre, the Project complies with the objective development standards on the Project site while also maintaining compliance with the objective development standards for the off-Project site remainder Marketplace Center, the Project is consistent with General Plan Policy 4.6-I-26 and considering the General Plan 2035 Interpretation language that common sense and reason should be utilized and that all relevant aspects of the General Plan 2035 should be viewed with no single aspect viewed in isolation, the Project is consistent with all applicable General Plan 2035 policies as further described in the record of decision documentation.

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f. The Project is architecturally compatible with other developments in the same vicinity, both inside and outside the subject zone, as detailed in the Architectural Review Findings below, and the architectural design is suitable for the proposed housing product type; and

5. Regarding the Major Subdivision:
a. The recitals above are true and correct and are incorporated herein by reference. b. The proposed vesting tentative map and the Project, together with the provisions for its design and improvement, is consistent with all applicable requirements of General Plan 2035, State Law, and the City’s Subdivision Ordinance and Municipal Code, including the performance standards established by the City's General Plan 2035 Growth Management Element.
c. The Project site is physically suitable for the type of development proposed, for the proposed density and intensity of development, and will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

6. Regarding the Use Permit:
a. The recitals above are true and correct and are incorporated herein by reference. b. The Project is a Mixed Use development project that includes an existing 1,869 sq. ft.

Eating and Drinking Establishment land use (non-residential component) located adjacent to the proposed residential uses with maximum business hours of operation (5:00 a.m. to 10:00 p.m., Monday through Sunday). The land use is allowed with approval of a Use Permit in accordance with Zoning Ordinance Section D2-15(B)(4)(c) in the Mixed Use (MU) Zoning District, and is limited to a maximum of 12 outdoor seats. Any modification to the land use operation (including a new land use) and/or the modification to the maximum hours of operation require prior City review and approval with the applicable Zoning Ordinance regulations. Furthermore, the Conditions of Approval require the Applicant disclose to future purchasers of the proposed residential units certain operational details related to the adjacent Eating and Drinking Establishment land use, and the Project complies with all other applicable provisions of the Zoning Ordinance and the Municipal Code.
c. The Project is not within any Specific Plan and is consistent with the General Plan 2035 land use designation (Mixed Use) and the Mixed Use (MU) Zoning District, other applicable General Plan 2035 policies, because the proposed establishment of the maximum business hours of operation contributes to a compatible mix of uses on the subject property and in the surrounding area with a non-residential land use in proximity to the proposed residential units.
d. The design, location, size and operating characteristics of the Project are compatible with the existing and future land uses in the vicinity, because the proposed the establishment

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of the maximum business hours of operation (5:00 a.m. to 10:00 p.m., Monday through Sunday) for the existing Eating and Drinking Establishment land use is limited to a maximum 12 outdoor seats and any modification to the land use operation (including a new land use) and/or the modification to the maximum business hours of operation require prior City review and approval with the applicable Zoning Ordinance regulations.

Furthermore, the Conditions of Approval require the Applicant disclose to future purchasers of the proposed residential units the operational details related to the adjacent Eating and Drinking Establishment land use.
e. The site is physically suitable for the type, density, and intensity of the Project because the proposed physical layout incorporates an approximate 22-ft. wide landscape buffer, providing separation and pedestrian-scaled lighting between the existing Eating and Drinking Establishment land use and the proposed residential uses, including access, utilities, and the absence of physical constraints. Furthermore, the Eating and Drinking Establishment land use is limited to a maximum 12 outdoor seats and any modification to the land use operation (including a new land use) and/or the modification to the maximum hours of operation require prior City review and approval with the applicable Zoning Ordinance regulations.
f. Granting the land use permit for the proposed Project is not detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood, or materially detrimental or injurious to property or improvements in the vicinity and zone which the property is located because the proposed establishment of the maximum business hours of operation (5:00 a.m. to 10:00 p.m., Monday through Sunday) for the existing Eating and Drinking Establishment land use contributes to a compatible mix of uses on the subject property and is limited to a maximum 12 outdoor seats and any modification to the land use operation (including a new land use) and/or the modification to the maximum hours of operation require prior City review and approval with the applicable Zoning Ordinance regulations.

7. Regarding the Architectural Review:
a. The recitals above are true and correct and are incorporated herein by reference. b. The Project design is consistent with applicable goals and objectives of the General Plan 2035 because the Project is a Mixed Use development project integrating a mix of horizontal residential and non-residential land uses on the same site with a coherent physical design and functional integral relationship, which is allowed within the General Plan 2035 Mixed Use land use designation, considering the General Plan 2035 Interpretation language that common sense and reason should be utilized and that all relevant aspects of the General Plan 2035 should be viewed with no single aspect viewed in isolation, the Project is consistent with all applicable General Plan 2035 policies and as further described in the record of decision documentation, and the architectural design is suitable for the proposed housing product type.

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c. The Project is consistent with the purpose of the Zoning Ordinance in regulating land use and complying with the architectural standards because as further described in the record of decision documentation, the Project is consistent with the Mixed Use (MU) Zoning District objective development standards for the Project site while also maintaining compliance with the objective development standards for the off-Project site remainder Marketplace Center.
d. The Project is in compliance with Subparagraph D6-22 (G.2) (factors to be considered) of the Zoning Ordinance in that the City Council reviewed the Project in relation to all applicable objective design standards and the architectural design is suitable for the proposed housing product type.
e. The Project design is in the best interest of the public health, safety and general welfare of the community, in that Project includes design elements and responds to the site conditions, and proximity to the existing uses surrounding the Project. Furthermore, the Project includes a comprehensive landscape design and features intended to improve circulation, access, and visibility, and converts existing uses to residential thereby encouraging a broader mix of uses. Additionally the Conditions of Approval require landscape and hardscape materials on the proposed non-residential parcel consistent with the plant and hardscape materials used for the residential component and also require the incorporation of an expanded outdoor patio design for the existing non-residential building.
f. General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed, to provide a desirable environment for the development and as further described in the record of decision documentation. Additionally the Conditions of Approval require landscape and hardscape materials on the proposed non-residential parcel consistent with the plant and hardscape materials used for the residential component and also require the incorporation of an expanded outdoor patio design for the existing non-residential building. g. General architectural considerations including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signage, and similar elements have been incorporated into the Project to ensure the compatibility of the development with its design concept and the character of adjacent buildings. h. General landscape considerations including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered for the Project to ensure visual relief, to complement buildings, structures and surrounding open space, and to provide an attractive environment for the enjoyment of the public. Additionally, the Conditions of Approval require landscape and hardscape materials on the proposed nonresidential parcel consistent with the plant and hardscape materials used for the

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residential component and also require the incorporation of an expanded outdoor patio design for the existing non-residential building.

8. Regarding the Tree Removal Permit:
a. The recitals above are true and correct and are incorporated herein by reference. b. The approval of the Tree Removal Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Removal Permit is consistent with the applicable provisions of the Zoning Ordinance the trees identified for removal on the Project site do not include any native oak species, are not designated as a heritage tree by City Council Resolution, and the retention of the identified trees would restrict the proposed development. Furthermore, the Project would establish new trees through a comprehensive Final Landscape Plan for the entire residential component and proposed non-residential parcel.
c. The Project includes measures to replace the trees removed through a comprehensive Final Landscape Plan for the entire residential component and proposed non-residential parcel. Furthermore, the Project complies with the Zoning Ordinance mix of plant materials related to trees, shrubs, and groundcover standards.

9. Regarding Growth Management Plan – Measure “J” Compliance:

In accordance with the City’s General Plan 2035 Growth Management Program, the City Council has reviewed the Project, and finds that the Project meets each of the following identified performance standards for full urban services as outlined in the General Plan 2035 Growth Management Element:
a. Community Centers
Performance Standard: At General Plan buildout, provide a minimum ratio of 1.2 square feet of community center space per 1,000 residents.

Project Compliance: The Project consists of 40 single-family detached condominium residential units and 4 Junior Accessory Dwelling Units (JADU). Based on General Plan 2035 information, an average San Ramon household consists of 2.91 people and a reasonable estimate of 1 person for each JADU, the Project will increase the population by approximately 121 people. Currently the total floor area of community centers in the city of San Ramon is approximately 126,640 sq. ft., which is approximately 1.51 sq. ft. per 1,000 residents based on the January 1, 2022 population estimate from the State Department of Finance. As such, at General Plan buildout, the Project does not result in increased need for Community Centers.
b. Fire
Performance Standard: Prior to Project approval, require written verification from the San Ramon Valley Fire Protection District that a 5-minute response time (travel time) can be maintained for 90 percent of emergency calls in urban and suburban areas and/or that there will be a fire station within 1.5 miles of all development.

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Project Compliance: The Project is within the developed area of the City of San Ramon and is within the current San Ramon Valley Fire Protection District area. The nearest station to the Project site, Station 34, located at 12599 Alcosta Blvd. is approximately 0.5 miles from the Project site. The San Ramon Valley Fire Protection District considers a

0.5-mile response area adequate to ensure 5-minute emergency response to all properties and has verified the Project meets this performance standard. c. Flood Control
Performance Standard: Prior to Project approval, Applicants shall obtain written verification from the San Ramon Public Works Department stating that the new development will provide adequate storm drain facilities. Runoff from the development shall not increase the 100-year peak flow in the City’s flood control channels and shall be typically equal to pre-development conditions.

Project Compliance: The City of San Ramon Public Works Department has conditioned the Project appropriately and verified that the Project, as conditioned, meets this performance standard.
d. Parks
Performance Standard: At General Plan buildout, provide a ratio of 6.5 acres of public parks per 1,000 residents, with goal to have park and recreation facilities within one-half mile of all residences.

Project Compliance: The Project is required to pay Parkland Dedication in-lieu fees to assist in achieving the ratio of 6.5 acres of public parks per 1,000 residents at buildout.

The existing Central Park is within a one-half mile distance from the Project site residences. The City of San Ramon Parks & Community Services Department has verified the Project, as conditioned, meets this performance standard. e. Police
Performance Standard: Prior to Project approval, require written verification from the San Ramon Police Department that a 3-5 minute response time (travel time) for emergency calls and a 20-minute response for all other calls can be maintained 95 percent of the time.

Project Compliance: The San Ramon Police Department has verified the Project meets this performance standard.
f. Sanitation Facilities
Performance Standard: Prior to Project approval, require written verification from the approved service provider that adequate sanitation facilities and services will be available to serve the Project.

Project Compliance: The Central Contra Costa Sanitary District has verified there are sufficient sanitation facilities and services to serve the expected added capacity demand from the Project.

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g. Schools
Performance Standard: Require new development to provide necessary land, funding, and/or capital facilities for the school system, as determined by the San Ramon Valley Unified School District and applicable State law.

Project Compliance: Consistent with State law, the San Ramon Valley Unified School District has determined the Project is required to pay school impact fees to the San Ramon Valley Unified School District to offset development impacts on existing school facilities prior to issuance of a Building Permit.
h. Water
Performance Standard: Prior to Project approval, require written verification from the approved service provider that adequate water quality, quantity, and distribution will be available to serve the Project.

Project Compliance: The East Bay Municipal Utility District has verified that adequate water quality, quantity, and distribution will be available to serve the Project.

As indicated above, the Project meets each of the identified performance standards for full urban services as outlined in the General Plan 2035 Growth Management Element.

NOW, THEREFORE, BE IT FUTHER RESOLVED, AS FOLLOWS:

1. That the City Council hereby upholds the February 24 appeal filed by Market Place at San Ramon, LLC; and

2. That the City Council hereby denies the February 27, 2023 appeal filed by Citizens Against Market Place Apartments/Condo Development (CAMPAD).

3. That pursuant to Government Code Section 66020(d)(1), the Applicant is hereby given notice that the 90-day period in which the applicant may protest any fees, dedications, reservations or other exactions imposed on the development project and stated in the Conditions of Approval attached hereto shall commence upon passage of this Resolution; and

4. That the City Council, in the exercise of its independent judgment in accordance with the Housing Accountability Act, and based upon all the evidence in the record (including but not limited to all application materials, all related technical studies/documents, the written and oral staff reports, the written and oral comments received by the City, Conditions of Approval, minutes of meetings, documents relied upon or prepared by City staff relating to the Project, all correspondence submitted or delivered to the City in connection with the public hearings on the Project, and all other relevant documents contained in the administrative record), does hereby approve the proposed Development Plan application (DP 2022-0007), Major Subdivision application (MJ 2022-0005 – Vesting Tentative Map 9607), Use Permit (LUP 2022-0004), Architectural Review application (AR 2022-0032), Tree Removal Permit (TRP 2022-0009), and Environmental Review application (ENVR 2022-

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0004) based on the required findings, and subject to the Conditions of Approval attached as Exhibit “A”.

PASSED, APPROVED, AND ADOPTED, at the meeting of March 14, 2023 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
David E. Hudson, Mayor
ATTEST:
_______________________________
Joan Snashall, Acting City Clerk
Exhibit A: Conditions of Approval

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EXHIBIT A

CONDITIONS OF APPROVAL
DEVELOPMENT PLAN (DP 2022-0007); MAJOR SUBDIVISION (MJ 2022-0005 - VESTING TENTATIVE MAP 9607); USE PERMIT (LUP 2022-0004); ARCHITECTURAL REVIEW (AR 2022-0032);
TREE REMOVAL PERMIT (TRP 2022-0009); AND
ENVIRONMENTAL REVIEW (ENVR 2022-0004)

MARKETPLACE MIXED USE DEVELOPMENT PROJECT
130 MARKET PLACE
(APN: 213-701-002)

MARKETPLACE AT SAN RAMON, LLC
(APPLICANT AND PROPERTY OWNER)
Special Conditions
Planning Services Division:

1. The Project authorized with this action consists of the subdivision with a Vesting Tentative Map for Condominium Purposes and development of the Marketplace Mixed Use Development Project located at 130 Market Place (APN: 213-701-002), which consists of a 3.91 acre Project site area with the demolition of an approximate 55,636 sq. ft. of existing commercial tenant space, construction of 40 single-family detached condominium units, 4 Junior Accessory Dwelling Units, renovation of an existing 1,869 sq. ft. building for an existing Eating & Drinking Establishment, establish maximum open business hours of operation for the existing Eating and Drinking Establishment, associated parking removal, new and modified parking areas, tree removals, and comprehensive landscape improvements. The Project shall be in substantial compliance with the Development Plan, Vesting Tentative Map plans, the Preliminary Landscape Exhibit for Parcel K, and Project submittal items date-stamped “Received July 1, 2022”, “Received July 25, 2022”, “Received August 16, 2022”, “Received September 26, 2022”, and “Received February 7, 2023”, unless modified by the conditions herein.

2. Prior to Final Map approval, the Applicant shall prepare a fiscal analysis to determine whether the Project’s new residential units will generate sufficient General Fund revenues to offset the additional costs associated with providing City services and facilities to the new residential units. Should the fiscal analysis determine that sufficient revenues will not be generated, prior to Final Map approval, the Applicant shall provide an appropriate funding mechanism.

Appropriate funding mechanisms for compliance with this Condition of Approval include but are not limited to, an existing or new Community Facilities District

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(CFD), a Landscape and Lighting District, or other mechanism acceptable to the Applicant and City. The Applicant shall be responsible for associated administrative costs of establishing said funding mechanism.

3. As applicable, prior to the construction of any portion of the Project, the Project proponent shall use commercially reasonable efforts to require that all qualifying contractors and subcontractors providing bulk lumber, concrete, structural steel, asphalt, and pre-fabricated building components such as roof trusses with a contract value of $5,000,000 or more, to exercise their option to obtain a Board of Equalization sub-permit for the jobsite and allocate all eligible use tax payments to the City of San Ramon. The Project proponent will use commercially reasonable efforts to require that any such contractor or subcontractor provide San Ramon with either a copy of their Board of Equalization account number and sub-permit (or such other documentation as is reasonably acceptable), or a statement that use tax does not apply to their portion of the Project.

4. Prior to the issuance of each residential unit building permit, the Applicant shall pay the per unit equivalent to 10 percent of the for-sale single-family detached residential development total new residential livable square footage (excluding garages) multiplied by the City's per square foot rate as set forth with the Affordable Housing Impact Fee in effect on November 2, 2021 when the associated Preliminary Housing Development application was submitted and based upon the City Fee Schedule adopted with City Council Resolution No. 2021-058, and in compliance with the Inclusionary Housing Ordinance.

5. Prior to building permit issuance for the four (4) Junior Accessory Dwelling Units (JADUs), the Applicant shall submit to the City a Rent Survey of comparable units in the area to determine the income levels of the proposed JADUs for RHNA purposes. The comparable rental prices may incorporate actual or anticipated rents.

The Rent Survey shall also consider monthly rental rate and utility costs for renters.

6. Prior to Final Map recordation, the Applicant shall establish and record a reciprocal access and shared parking agreement for non-residential uses only between the Project’s existing 34 parking spaces for commercial uses on the non-residential parcel and the remainder Marketplace Center parking spaces. The reciprocal access and shared parking agreement shall maintain adequate parking spaces for nonresidential uses between the Project’s non-residential parcel and the remainder of the Marketplace Center. The shared parking agreement shall be subject to review by the Community Development Director for consistency with City standards (e.g. parking, etc.). Said document shall be submitted for the City’s review at least thirty (30) days prior to the Applicant’s submission of materials requesting Final Map approval.

7. Unless determined to be infeasible by the Community Development Director, the Applicant shall utilize reclaimed water for grading and dust suppression and other construction activities appropriate for reclaimed water use.

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8. The applicant shall install reclaimed water infrastructure (i.e. purple pipe, etc.) in anticipation of future reclaimed water availability. Irrigation plans shall be reviewed and approved by the City prior to the issuance of a Building Permit.

9. Prior to issuance of a building permit for construction of the residential component of the Project, the Applicant shall submit a revised Final Landscape Plan for review and approval by Staff, demonstrating a re-landscaping of the entire proposed nonresidential parcel using plant and hardscape materials approved for the residential component of the overall Marketplace Mixed Use Development Project.

10. Prior to issuance of a building permit for construction of the residential component of the Project, the Applicant shall submit a revised plan(s) for review and approval by Staff, incorporating any temporary construction storage yard on the subject property, located as far away as practical from the existing residential units along Market Place, taking into consideration operational constraints.

11. Prior to issuance of a building permit for construction of the residential component of the Project, the Applicant shall submit Final Landscape Plans for review and approval by Staff, demonstrating that the screening adjacent to the commercial loading area effectively minimizes visual impacts on residential units 1 and 16.

12. Prior to issuance of a building permit for construction of the Project, the Applicant shall submit revised plans for review and approval by Staff, incorporating on the proposed Project non-residential parcel the following:
(a) The existing concrete outdoor patio, on the east side of the existing building, shall be extended in a westward direction toward the building up to the building wall and eastward by removing the existing low hedge and extending the patio into the former hedge area.
(b) Instead of using concrete, pavers may be used.
(c) The existing circular planters shall be removed to make additional room for tables and chairs.
(d) All patio plant materials shall, at all times, be well maintained. (e) Removal or substitution of plant materials shall require prior City Staff review and approval.

13. [RESERVED]

14. Prior to Final Map Approval, the Applicant shall revise the Project plans to establish a public access easement on the proposed Parcel E. The Final Map, with the public access easement on Parcel E, shall be recorded on the affected properties.

General Conditions
Planning Services Division:

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15. The Applicant (including any assignee or successor-in-interest) shall defend, indemnify, and hold harmless the City of San Ramon (City) and its agents, elected officials, officers, and employees from any claim, action or proceeding against the City or its agents, elected officials, officers, and employees to attack, set aside, void or annul any part of the City’s approval of the Applicant’s project. The City will promptly notify the Applicant of any such claim, action or proceeding, and cooperate in the defense. Applicant shall provide the City with independent legal counsel of City’s reasonable choosing to defend any lawsuit or claim brought by third persons regarding City’s approval of the Applicant’s project, and Applicant shall bear the entire reasonable cost of City’s defense.

16. The approval(s) authorized by this action shall be exercised through issuance of a building permit before expiration of the Vesting Tentative Map, including any extensions thereof. Prior to expiration, an additional time extension(s) may be granted in accordance with Section D6-34 of the Zoning Ordinance.

17. The approval(s) associated with a Vesting Tentative Map shall expire only if the Vesting Tentative Map expires per the California Subdivision Map Act.

18. Prior to any site work and/or occupancy, the Applicant shall obtain all required building permits from the Building and Safety Services Division and the San Ramon Valley Fire Protection District.

19. Any significant change to the proposed development plan and Vesting Tentative Map other than those required by these conditions will necessitate further review and approval by the Planning Commission as determined by the Community Development Director. A significant change may include, but is not limited to, revisions to the approved Project that are not substantially compliant and fundamentally alter the overall approved purpose, design, function, and/or intent of the approved Project. Additionally, a significant change shall include a future change by the Applicant to deed restrict any number of the proposed Junior Accessory Dwelling Units (JADUs) to comply with the adopted Inclusionary Housing Ordinance requirements in effect on November 2, 2021 when the associated Preliminary Housing Development application was submitted.

20. All buildings and improvements shall conform to the approved project plans, unless authorized by this approval or the conditions herein.

21. The Applicant shall submit to the Planning Services Division a set of annotated Conditions of Approval elaborating on the compliance status of each Condition of Approval for the Project and noting how each has been satisfied at the following benchmarks:
 Prior to site development permit issuance
 Prior to building permit issuance

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 72 hours prior to final building occupancy request

22. Failure of the Applicant to implement, follow, and adhere to these Conditions of Approval may result in revocation hearing proceedings or modification of the Project before the Planning Commission and/or City Council.

23. The Applicant shall pay all applicable project processing fees at time of permit filing. Deposit amounts are set at the average cost to provide various services. If costs exceed the deposit, the Applicant will be billed the cost over runs.

24. Construction activity shall be limited to the hours between 7:30 AM and 5:00 PM Monday through Friday, 9:00 AM and 4:00 PM on Saturdays and Sundays.

Construction shall be prohibited on federal holidays.

25. The City may impose more restrictive construction days/hours if reasonably determined to be necessary to protect the public well-being. The Applicant shall designate a "Noise Disturbance Coordinator" to respond to any local complaints about construction noise and work closely with Planning Services Staff in resolving complaints, as reasonably feasible. A notice shall be sent to property owners and tenants/residents within a 500-foot radius of the site prior to start of grading and site development containing Coordinator contact information along with approved hours of construction.

26. To the extent feasible, the site plan shall provide for utility meters, transformers, irrigation control boxes, backflow devices, valves, etc. to be screened by buildings, fencing and/or landscaping so as to harmonize with building design and recognize setback requirements.

27. No individual unit shall be occupied until the immediately adjoining area is safe and until all reasonable expected services and amenities are provided to the unit to be occupied as deemed appropriate by the City.

28. Prior to any residential sign installation (including monument entry signs), such signs shall be submitted and approved by the Planning Services Division through the appropriate sign permit application.

29. Prior to installation of the proposed commercial monument sign location, adjacent to Drive D, the Applicant shall obtain an approved Master Sign Program Amendment application to amend the existing Marketplace Master Sign Program to include the design for the commercial monument sign location.

30. A minimum of a two-car garage shall be provided for single-family residences having up to 4 bedrooms. Conversion of dens, offices, a family room, etc. designated on the approved Project Plans into additional bedrooms is not permitted.

The conversion of an existing garage into an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) shall comply with all applicable State and

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local laws.

31. The minimum, unobstructed interior garage dimension of 20'-0" wide by 22'-0" deep shall be provided and maintained for each required two-car garage. To discourage neighborhood parking conflicts, the CC&Rs for any Homeowners Association (HOA) governing such neighborhoods, which will be subject to review and approval by the Community Development Director, shall include a provision(s) that the HOA implement a program to ensure that garages are available to park the resident’s vehicles, as needed. The program may include, and is not limited to, HOA vehicle registration, sticker programs, guest permits for overnight stays, and periodic inspections to ensure that the garage parking spaces accommodate the vehicles associated with the household.

32. As proposed, a minimum six (6) parking spaces shall be maintained as available for resident and residential guest parking. The Community Development Director may allow modifications dependent upon approved Final Map plans.

33. All rooftop equipment, which includes, but is not limited to, air conditioning, heating, refrigeration equipment, plumbing lines, ductwork and transformers, shall be screened from views on all sides.

Contra Costa Mosquito and Vector Control District

34. The Applicant shall employ measures necessary to ensure no creation or maintenance of a public nuisance as defined by California Health and Safety Code §2002. Maintaining a nuisance may lead to abatement by the Contra Costa Mosquito & Vector Control District and civil penalties pursuant to California Health and Safety Code §2060 et seq. At no time should any aspect of the project or property produce, harbor, or maintain disease vectors or other nuisances. Water collection, conveyance, and treatment features, should not hold water in excess of 72 hours, in order to prevent creating suitable mosquito habitat. Proper construction and operation measures should be employed to prevent mosquito production, paired with thorough maintenance plans to adequately address mosquito production, should it occur.

Prior to Final Map Approval
Planning Services Division:

35. Prior to Final Map approval, all proposed Project street names and addresses shall be subject to the review and approval of the Planning Services Division. The Applicant shall submit for review and approval an Address Assignment application, with applicable fees, to the Planning Services Division at least thirty (30) days prior to submitting a Final Map.

36. A Homeowners Association(s) (HOA) shall be established for the residential

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component of the Marketplace Mixed Use Development Project and shall be created with Covenants, Conditions and Restrictions (CC&Rs) covering each included lot and all common areas. Such CC&Rs shall be subject to review and approval by the Community Development Director. Said document shall be submitted for the City’s review at least thirty (30) days prior to the Applicant’s submission of materials requesting Final Map approval. CC&Rs for said HOA shall typically include the following provisions as appropriate:
(a) Failure to pay dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner.
(b) The HOA shall keep the Planning Services Division informed of the current name, address and phone number of the HOA’s official representative. (c) The HOA shall conform with the design and color/materials of the fences and walls within the subdivision approved by the City of San Ramon. The Community Development Director may authorize minor deviations prior to such improvements.
(d) The HOA shall implement a program to ensure that garages are available to park the resident’s vehicles, as needed. The program may include, and is not limited to, HOA vehicle registration, sticker programs, guest permits for overnight stays, and periodic inspections to ensure that the garage parking spaces accommodate the vehicles associated with the household. (e) Parking of boats or recreational vehicles on the driveways, parking spaces, and/or private streets is prohibited.
(f) In the event the common areas or facilities are not properly maintained, repaired or replaced according to the approved plans, each property owner shall be responsible for their proportionate share of these costs to bring the common area or facilities back to its original condition, secured by a lien on the property in favor of the HOA, in accordance with the HOA procedures. (g) The HOA shall be responsible for the long-term Project maintenance and upkeep of all common areas within the Project site.
(h) The HOA shall maintain all building and site improvements in accordance with the final approved color and materials board for this Project as approved and accepted by the City of San Ramon. The Community Development Director may authorize minor deviations to such improvements if deemed appropriate. (i) All amendments to the CC&Rs shall be submitted to the Planning Services Division at least forty-five (45) days for review prior to recordation.

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(j) The HOA shall provide for proper management and maintenance of HOAowned open space and improved common areas, including all private recreation areas, walkways, landscaped areas, identification/directional signs, and retaining walls as described herein. As part of this requirement, all landscaping within the common area(s) shall be maintained and replaced on a 1:1 basis. (k) The HOA shall be responsible for maintenance of any required public access easement(s) and improvements within said easement(s) which may be required herein.
(l) The HOA shall maintain City-approved documents relevant to the subject subdivision for inspection by property owners, including but not necessarily limited to, Planning Commission Resolution No. 02-23, Project Plans (referenced herein), and Project Construction Plans (known as “as built” plans); and deed restrictions required by this action.
(m)Traffic calming measures along private streets (e.g. speed humps), if required, shall be funded post-construction by the HOA. Traffic calming features must be consistent with the City’s overall transportation network and with nationally recognized standard traffic engineering safety practices and procedures, specifically the Institute of Transportation Engineers (ITE). (n) Conversion of dens, offices, a family room, etc. designated on the approved Project Plans into additional bedrooms is not permitted. The conversion of an existing garage into an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) shall comply with all applicable State and local laws.

37. The Applicant shall prepare a single, separate page disclosure to the future purchaser of residential units describing parking rules, programs, and regulations.

The disclosure shall be provided to Planning Services Division for review at least forty-five (45) days prior to filing of Final Map. The disclosure shall be provided to all purchasers of residential units for review and acknowledgement.

38. The Applicant shall prepare and record a “Blanket Deed Restriction” in favor of the HOA reinforcing use of the garage as available to park the resident’s vehicles, as needed, (see also CC&R requirements contained herein). The Applicant shall provide the draft deed restriction to the Planning Services Division for review at least forty-five (45) days prior to filing of Final Map.

39. The open business hours of operation for the Eating and Drinking Establishment land use on the Project site, as a non-residential use located adjacent to a residential use in a mixed use project, shall be not extend beyond 5:00 AM to 10:00 PM, Monday through Sunday. Any modification to the land use operation (including a new land use) and/or the maximum open business hours of operation shall be reviewed and approved by the Community Development Director or Planning Commission, as determined by the Community Development Director, with the

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applicable Zoning Ordinance regulations (e.g. Zoning Ordinance Section D2- 15(B)(4)(c)).

40. The Applicant shall prepare a single, separate page disclosure to the future purchaser of residential units describing the mixed use zoning designation, the maximum open business hours of operation (5:00 AM to 10:00 PM, Monday through Sunday) for the Eating and Drinking Establishment land use on the Project site, and any modification to the land use operation (including a new land use) and/or the maximum open business hours of operation may be reviewed by the City. The disclosure shall be provided to Planning Services Division for review at least forty-five (45) days prior to filing of Final Map. The disclosure shall be provided to all purchasers of residential units for review and acknowledgement.

41. A Utilities Plan shall be submitted and approved by the Community Development Director. The Utilities Plan shall be submitted sixty (60) days prior to the Applicant’s submission of materials requesting Final Map approval. The Utilities Plan shall provide for undergrounding of all wet utilities to the extent feasible. It is acknowledged that certain above ground water system appurtenances, such as backflow preventers, fire connections, etc., must be above ground.

Engineering Services Division:

42. The Applicant shall provide all necessary easements for public access, emergency vehicle access, sewer, storm drain, water, and other utilities, as shown on the approved development plans. The City Engineer may allow modifications dependent upon service utility review.

43. The Applicant shall provide ownership and maintenance responsibility for all easements and improvements related to sound walls, fences, drainage facilities, open space trails, landscape, and decorative elements on the Final Map or by separate instrument.

44. The Applicant shall provide site visibility requirements to ensure clear visibility at Project roadway intersections as required by the Zoning Ordinance and by the City Engineer.

45. The Project shall include only private roads and access easements (no public roads).

46. If required to secure improvements, the Applicant shall enter into a Subdivision Improvement Agreement pursuant to the requirements of the City’s Subdivision Ordinance.

Parks and Community Services Department:

47. The Project shall fulfill the Parkland Dedication Ordinance requirement through payment of in-lieu fees, paid at the time of building permit issuance. In-lieu fees shall be calculated based upon the Parkland Dedication Ordinance in effect on

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November 2, 2021 when the associated Preliminary Housing Development application was submitted and the City Fee Schedule adopted with City Council Resolution No. 2021-058.

Prior to Site Development Permit Issuance
Planning Services Division:

48. Prior to Site Development Permit issuance, the Final Landscape/Irrigation Plan shall be submitted to the Community Development Director for review and consistency with the approved development plans.

49. The Applicant shall provide Landscape Plans that demonstrate compliance with the City Zoning Ordinance landscape and irrigation requirements, and with the State and local requirements of the Model Water Efficient Landscape Ordinance (MWELO).

50. The Applicant shall submit a Soil Management Report as required by the State MWELO for the Project Landscape Documentation Package.

51. Prior to Site Development Permit issuance, the Applicant shall submit a plan with the Site Development Permit for review and approval by Staff incorporating weekday and weekend truck traffic street routes and arrival/departure times. The plan shall be provided to all material suppliers for the construction of the Project.

52. Prior to and during any Project construction activity on the subject property, the Applicant shall comply with the following regulatory control measure (AIR-1), based on the recommendation by the Air Quality and Greenhouse Gas Analysis Memorandum, date-stamped “Received August 16, 2022,” and prepared by LSA:

Consistent with the Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures, the following controls are required to be included as specifications for the proposed project and implemented at the construction site:
 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off site shall be covered.
 All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
 All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
 Building pads shall be laid as soon as possible after grading unless seeding

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or soil binders are used.
 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
 All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
 A publicly-visible sign shall be posted with the telephone number and person to contact at the City of San Ramon regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.

53. Prior to and during any Project construction activity on the subject property, the Applicant shall comply with the following regulatory control measure (BIO-1), based on the recommendation by the Biological Resources Analysis Memorandum, date-stamped “Received August 16, 2022,” and prepared by LSA:

Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including tree removal and demolition of buildings, shall be prohibited during the general avian nesting season (February 1 to August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (FGC), nesting bird surveys shall be performed not more than 7 days prior to scheduled vegetation and building removal. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No grounddisturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

54. During any Project construction activity on the subject property, the Applicant shall comply with the following regulatory control measure, based on the

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recommendation by the Noise and Vibration Impact Analysis Memorandum, datestamped “Received August 16, 2022,” and prepared by LSA:

All activities associated with demolition of the existing building within 5 feet of any existing nearby buildings shall be carried out using hand tools. Large equipment, such as a dump truck to carry debris away, shall remain more than 5 feet from the existing commercial building(s).

55. During any Project construction activity on the subject property, the Applicant shall comply with the following regulatory control measure, based on the recommendation by the Noise and Vibration Impact Analysis Memorandum, datestamped “Received August 16, 2022,” and prepared by LSA:

The use of heavy equipment (e.g. dump trucks) shall be prohibited within 12 feet of existing structures. If heavy equipment is necessary within 12 feet of the northern boundary of the project site, the Applicant shall submit for review and approval by the Community Development Director a plan to implement the following practices:
 A qualified structural engineer shall identify structures located within 12 feet of heavy construction activities that have the potential to be affected by ground-borne vibration.
 Develop a vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted; set up a vibration monitoring schedule; define structure specific vibration limits; and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Identify construction contingencies for vibration levels that exceed the identified thresholds.  At a minimum, monitor vibration during initial demolition activities.

Monitoring results may indicate the need for more or less intensive measurements.
 If vibration levels exceed the identified thresholds, suspend construction and implement contingencies to either lower vibration levels or secure the affected structures.
 Conduct post-survey on structures where either monitoring has indicated high vibration levels or complaints of damage have been made. Make appropriate repairs or compensation where damage has occurred as a result of construction activities.

Engineering Services Division:

56. The Project shall comply with all applicable requirements of the Municipal Code.

57. The Project shall comply with the current San Ramon Public Works Standards.

58. The Applicant shall pay all outstanding review fees associated with processing the

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development applications in accordance with City Council Resolution No. 2021- 058 for City services incurred prior to project approval by the Planning Commission.

59. The Applicant shall submit a Site Development Permit application and plan check fee for on-site improvements, including grading and drainage.

61. The Applicant shall pay applicable Drainage Mitigation and Creek Study Fees as established by City Council Resolution No. 2021-058 and Ordinance.

62. The Applicant shall provide surety in the amount and form approved by the City Engineer with the surety company licensed to do business in the State of California and acceptable to the City of San Ramon.

63. The Project shall comply with all applicable requirements of the Americans with Disabilities Act (ADA). In addition to on-site improvements, these standards shall be required for off-site improvements otherwise required of the Project.

64. The Applicant shall obtain an encroachment permit for all work conducted within the City right-of-way or easement.

65. The Applicant shall submit a final Stormwater Control Plan report consistent with the requirements of the latest edition of the Contra Costa Clean Water Program Stormwater C.3 Guidebook.

66. The Applicant shall procure a General Construction Permit from the Regional Water Quality Control Board if the project will disturb one acre or more of land.

67. The Applicant shall include on the plans, installation of drainage markers on all onsite and off-site drainage inlets in accordance with City standards. These markers, if located on private property, shall be maintained by the Applicant or owner in a manner acceptable to the City, pursuant to City Ordinance.

68. The Applicant shall include on the plans, installation of full trash capture devices (make and model to be approved by the City Engineer) on all new storm drain inlets.

69. The Applicant shall submit to the City Engineer for review and approval a final hydrology study, subject to the requirements outlined in the San Ramon Public Works Standards.

70. The Applicant shall include on the plans, installation of drainage improvements to

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mitigate new development related run-off consistent with the requirements of the hydrology study. All storm water facilities shall accommodate a 25-year storm event, substantially equal to pre-development conditions. Runoff from the development shall not increase the 100-year peak flow in the City’s flood control channels.

71. The Applicant shall incorporate Green Infrastructure (GI) facilities to the maximum extent practicable. The design of the GI facilities shall be consistent with the City’s Design Guidelines unless approved otherwise by the City Engineer. The additional stormwater treatment proposed to treat existing infrastructure shall be sized to offset the GI requirement for the new sidewalk along Market Place.

72. The Applicant shall submit Operation and Maintenance (O&M) Plan for storm water control and water quality devices and features.

73. The Applicant shall submit plans and obtain approval from the City Engineer on all proposed improvements on Market Place. Final design may include revisions to meet City standards.

74. The Applicant shall include on the plans installation of a new crosswalk across Market Place at the intersection of the most northerly new driveway and Market Place. The crosswalk shall include ADA ramps, rectangular rapid flashing beacons (RRFB), required pedestrian signs (W11-2 and W16-9P) and striping at the crosswalk. In advance of the crosswalk in both directions, required pedestrian signs (W11-2), legend markings (PED XING), YIELD line (triangles) markings, and Yield Here to Pedestrian (R1-5) signs shall be installed. The crosswalk is to accommodate access to businesses on the opposite side of the street and to the Iron Horse Trail. Satisfaction of this condition requires the installation of all improvements necessary for the proper operation of the crosswalk, which may entail removal of the crosswalk approximately 130 feet to the north.

75. The Applicant shall include on the plans, installation of Share the Road (sharrows) striping per City standards and bike route signs and/or appropriate supplemental bicycle signs (ex. Bike Use Full Lane or Share the Road) on Market Place between Montgomery Street and Alcosta Boulevard to establish a bicycle route on Market Place.

Public Services Division:

76. The Applicant shall submit a Waste Management Plan (WMP, via GreenHaloSystems.com) and Summary Report for review and approval by the Public Services Division.

77. The Applicant shall re-use or recycle at least 65% (by weight) of the construction and demolition debris generated by the project. (65% is CALGreen requirement since 2017) Keep receipts from processors of all waste materials to build final

10.1 Packet Pg. 162
report, submit to GreenHaloSystems.com.

78. All trees removed from the project shall be recycled as mulch, compost, or biomass fuel, and should be reported as part of the WMP. Keep receipts from processors of all waste materials to build final report, submit to GreenHaloSystems.com.

79. The Applicant shall design the proposed pervious pavers along the private road to accommodate the vehicle weight of the waste hauler’s collection vehicles, anticipating at least weekly frequency of pickups.

Prior to Building Permit Issuance
Planning Services Division:

80. Final Conditions of Approval shall be printed on the cover page of the building permit plan submittal.

81. Prior to issuance of a building permit, the Applicant shall comply with the following regulatory control measure (GHG-1), based on the recommendation by the Air Quality and Greenhouse Gas Analysis Memorandum, date-stamped “Received August 16, 2022,” and prepared by LSA:

The project applicant shall ensure that the design of the proposed project achieves compliance with the electric vehicle requirements in the most recently adopted version of the California Green Buildings Standards Code (CALGreen Code) Tier 2 measures.

82. Prior to the issuance of a building permit, the Applicant shall comply with the following regulatory control measure, based on the recommendation by the Noise and Vibration Impact Analysis Memorandum, date-stamped “Received August 16, 2022,” and prepared by LSA:

The Applicant shall submit for review and approval by the Community Development Director a Final Acoustical Report (FAR) to confirm the noise reduction capability of the proposed exterior facades and to identify any specific upgrades necessary to achieve an interior noise level of 45 dBA CNEL or below in all habitable rooms.

83. Child Care Fees, the Park and Recreation Facility Impact Fee, the Private Sector Art and Beautification Contribution Fee, and the Open Space Development Impact Fee shall be paid, based upon the City Fee Schedule adopted with City Council Resolution No. 2021-058.

84. Prior to issuance of building permits, a Final Landscape/Irrigation Plan shall be reviewed and approved by the Community Development Director for consistency with the approved Development Plan. Such Final Landscape/Irrigation Plan shall

10.1 Packet Pg. 163
address all plantable areas out to the curb and within common areas if required.

85. Prior to building permit issuance, a final lighting plan and photometrics shall be reviewed and approved by the Community Development Director. These plans shall conform to provisions of the City of San Ramon Zoning Ordinance and Security Ordinance. All lighting shall be shielded from abutting properties with cutoffs (shields) to limit nuisance or annoyance. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets. The spacing and height of the standards and luminars shall be approved by the City Engineer and Community Development Director.

86. Prior to building permit issuance, the design and placement of any Project fencing, shall be reviewed and approved by the Community Development Director for substantial conformity to the approved development plan. Said fencing shall be of a high quality and compatible with quality building design.

87. Trash and recycling enclosures (if applicable) shall be in compliance with City development standards which includes Stormwater Management. Design of trash enclosures shall be architecturally integrated with the Project and subject to review by Community Development Director. The number of individual trash and recycling enclosures shall be determined based on need, pickup schedules and other requirements of the applicable service provider.

88. Prior to building permit issuance, the design and placement of all Project retaining walls shall be reviewed and approved by the Community Development Director.

89. Applicant shall provide opportunities for potential homebuyers to purchase dwelling units that contain design items that offer accessibility as discussed in the City’s “Accessible Housing Resource Guide”, depending on the homebuyer’s special needs and the structural components and space allows. Prior to building permit issuance, Applicant shall demonstrate to the Planning Services Division that Project sales information includes as an option features that are designed to provide handicapped/senior accessibility, as discussed in the City’s “Accessible Housing Resource Guide,” or similar document. Any features that are designed to provide handicapped/senior accessibility shall be installed only with the mutual consent of the Applicant and homebuyer.

90. All proposed signage shall require a separate sign permit. Building permit applications are to be reviewed and approved by the Planning Services Division and the Building Services Division. Approval of signage shall be based on consistency with the approved plans and compliance with the San Ramon Zoning Ordinance.

San Ramon Unified School District:

91. Mixed use development projects within the boundaries of the San Ramon Valley

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Unified School District (SRVUSD) are subject to development impact fees. The Applicant shall pay the per square foot fee in effect at the time the building permit is issued for the proposed mixed use development project. Prior to building permit issuance, the Applicant shall provide proof of payment of impact fee.

San Ramon Valley Fire Protection District:

92. Prior to building permit issuance, the Applicant shall submit plans to the San Ramon Valley Fire Protection District for review and approval.

93. Fire apparatus roadways (public or private streets or roads used for vehicle access) shall be installed, and fire hydrants shall be in service prior to commencement of framing. Failure to comply shall result in a stop work order.

Prior to Building Occupancy
Planning Services Division:

94. Prior to building occupancy, the Applicant shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this Project.

Design of mail receptacles shall be submitted for Planning Services Division’s review. Mail receptacles are to be placed on private or HOA property and are not allowed within the public right of way or publicly owned property.

95. Prior to building occupancy, the Applicant shall submit to the Planning Services Division three (3) executed and notarized copies each of a Landscape Maintenance Agreement and/or Building Exteriors Maintenance Agreement that shall be recorded as a deed restriction on all HOA common area parcels and the Project nonresidential parcel.

96. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining construction activity areas, as determined by the Community Development Director. The Community Development Director may approve an appropriate bond to be posted by the Applicant to cover the costs of improvements still underway and thereby allow final occupancy of initial Project phases.

97. After written verification by a certified landscape architect has been provided to Planning Services Division, the Applicant shall request inspection of the final Landscape and Irrigation installation from Planning Services Division at least 72 hours prior to building occupancy inspection.

98. Prior to final inspection of the Landscape and Irrigation Plan, the Applicant shall submit to the Planning Services Division for review a Certificate of Completion as required by the State Model Water Efficient Landscape Ordinance.

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Engineering Services Division:

99. The Applicant shall enter into an O&M Agreement with the City for the operation and maintenance of the private stormwater treatment facilities. The agreement shall require the Applicant to operate and maintain these facilities per the approved O&M plan, and submit an annual report to the City.
100. The Applicant shall complete improvements to provide access to public areas, along the Market Place public Right-of-Way that do not currently meet City Public Works standards. The scope of work for new improvements shall be limited to new street lighting and/or traffic improvements that may include crosswalks, signage, striping, and Rectangular Rapid Flashing Beacons, including related work necessary to install the new improvements (e.g., utility relocation), along Market Place. 101. The Applicant shall provide a letter from the project geotechnical engineer attesting that grading and foundations were constructed in accordance with their recommendations for the project.
102. The Applicant shall submit record as-built drawings to the City with each page stamped as such in an electronic format acceptable to City staff. 103. The Applicant shall provide a letter from the project traffic engineer verifying any approved changes that were made affecting the sight distance triangles within the project development.

Transportation Services Division:
104. Prior to occupancy of the first residence, implement the following Transportation Demand Management (TDM) requirement:
a) Coordinate with Transportation Services Division and the local transit provider to obtain and distribute information encouraging existing local public transit service to homeowners, the HOA, and non-residential users. b) Distribute City TDM Commuter program information to homeowners, Homeowners Association (HOA), and non-residential sites 105. Developer will be required to distribute Transportation Demand Management (TDM) information for existing carpool, transit, vanpool incentive programs and transit schedules. In addition, Clipper Card information for public transit should also be included. The developer may contact the City’s Transportation Division for information.

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ATTACHMENT A

CITY OF SAN RAMON PLANNING SERVICES
Vicinity Map
Development Plan; Major Subdivision; Use Permit;
Architectural Review; Tree Removal Permit; and
Environmental Review
(DP 2022-0007; MJ 2022-0005; UP 2022-0004;
AR 2022-0032; TRP 2022-0009; and
ENVR 2022-0004)
Marketplace Mixed Use Development
130 Market Place (APN: 213-701-002)

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Packet Pg. 167 Attachment: A: Vicinity Map (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC Hearing (Meeting No. 5)) ~ San Ramon CA UF ORNIA
Appellant Information

APPEAL INITIATION
FORM
Appellant Name (First and Last): Marketplace at San Ramon, LLC Counsel Representing Appellant: Alan Murphy, Perkins Coie LLP Residential Address:

E-mail Address:

Daytime Phone:

Project Name:

Project Address:

Marketplace Mixed Use Development Project
130 Market Place, San Ramon, CA
Please provide the reason for the appeal stating specifically the following infonnation:

1. The specific detem1ination or interpretation that is claimed to be not in compliance with the purposes of the Zoning Ordinance;

2. The specific facts that are claimed to be in en-or or an abuse of discretion;

3. The specific facts of the record which are claimed to be inaccurate; or

4. The specific decision that is claimed to be unsupported by the record.

Please attach pages as necessary.

This form must be accompanied by the fee payment identified in the City's Fee schedule and received in person or by mail by the City Clerk.

City Clerk Staff:

Date Reeeived: 2/zu,b,3 Reeeived By: ~
Notes:

Deposit Paid: 2&>0- Deposit Paid By: Chl<. -.ll: s,B(p
- ---- - - --------- -------------- ------

10.1.b
Packet Pg. 168 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC Appeal Statement
Appellant: Marketplace at San Ramon, LLC
Project Name: Marketplace Mixed Use Development Project (DP 2022-0007; MJ 2022-0005; UP 2022-0004; AR 2022-0032; TRP 2022-0009; and ENVR 2022-0004) Project Address: 130 Market Place
This appeal statement is submitted by Perkins Coie LLP, on behalf of the project applicant, Marketplace at San Ramon, LLC. The Applicant appreciates the City Council's consideration of its appeal.

On February 16, 2023, the Planning Commission approved the above-referenced applications for the Marketplace Mixed Use Development Project (the "Projecn, subject to 105 conditions of approval. The Applicant objects solely to one of the 105 conditions imposed on the ProjectCondition of Approval 13. That condition purports to require the Applicant to allow overnight residential use parking on the Project's non-residential parcel (the "Shared Parking Condition'} The Applicant strongly objects to the Planning Commission's imposition of the Shared Parking Condition, as the condition plainly violates the law. The Planning Commission disregarded the City Attorney's determination that the Shared Parking Condition is unlawful, as well as legal analysis presented by the Applicant's counsel at two hearings. The City Council should correct this error by removing the Shared Parking Condition while otherwise affirming the Planning Commission's approval of the Project. This appeal statement details the numerous ways in which the Shared Parking Condition violates the law and explains why the condition would jeopardize successful operation of the Marketplace at San Ramon neighborhood retail center, especially the Project's retail use.

Absent the Shared Parking Condition, the Proiect Complies with All Applicable Parking Requirements.

The Project is a horizontal mixed-use development located on a 3.91-acre portion of the existing Marketplace center. It consists of 40 single-family detached residential units, four junior accessory dwelling units within these structures, renovation of an existing eating and drinking establishment use (currently a coffee shop), and related improvements.

Absent the Shared Parking Condition, the Project already meets-and exceeds-a// applicable City parking requirements, as follows:
• First, Municipal Code Section D3-28 requires provision of two covered spaces within a garage for each single-family dwelling with up to four bedrooms. The Project satisfies this requirement by providing two garage parking stalls for each of its 40 homes. • Second, the Project voluntarily exceeds the above City requirement for residential uses by providing six residential guest parking spaces.
160870095.3

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Packet Pg. 169 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC • Third, Municipal Code Section D3-28 requires provision of at least seven parking spaces for the Project's non-residential component (retail complex/shopping center use). The Project satisfies this requirement by providing 34 surface parking spaces for its nonresidential use. • Fourth, Municipal Code Section D2-15(8)(3)(b) requires incorporating "shared parking provisions" into mixed-use projects. As detailed below, the Project satisfies this requirement by incorporating shared parking provisions between its 34 non-residential parking spaces and existing shopping center parking spaces located on the adjacent Marketplace site.

The Planning Commission Acted Contrary to Law in Imposing the Shared Parking Condition.

Despite the Project's compliance with all City parking requirements, the Planning Commission improperly sought to require more by imposing the Shared Parking Condition.

To begin, the Housing Accountability Act prohibits disapproval of the Project and limits City action in connection with Project applications. The Project qualifies for protection under the Housing Accountability Act as a mixed-use development composed primarily of residential uses.

Once a qualifying housing development project has been deemed compliant with applicable, objective standards and criteria, a city may not disapprove the Project unless it finds an unavoidable, specific, adverse public health and safety impact based on objective, identified written public health or safety standards. These standards must have been in existence on the date the application was deemed complete. (See Government Code§ 65589.50).) Here, by operation of law, the Project was deemed consistent with applicable, objective standards and criteria last year, 30 days after the application was determined to be complete. No objective, identified written public health or safety standards exist that could form the basis for disapproval of the Project.

During the Planning Commission's discussions of the Shared Parking Condition, a commissioner stated that the condition is needed to avoid a public health and safety concern.

The commissioner offered the view that some Project households would own three or more cars and that individuals, like adult children, who did not park in one of their family's two garage parking spaces would be forced to park some distance from the Project site and walk home late at night. As noted, this assertion cannot form the basis for denial of the Project, nor, as the discussion below explains, did the assertion form a lawful basis for the Planning Commission to impose the Shared Parking Condition.

Planning commissioners also suggested that a Shared Parking Condition could be imposed based on the authority identified in Municipal Code Section D2-15(8)(3)(b) ("Parking"). This provision reads: "To encourage the development of both residential and nonresidential uses in mixed use zones, the use of shared parking provisions shall be incorporated into mixed use projects." However, for all the reasons detailed below, neither this code section nor any other authority allows the Shared Parking Condition to be imposed. -2-
160870095.3

10.1.b
Packet Pg. 170 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC The cited Municipal Code section is an objective standard. It requires only that the Project incorporate some type of "shared parking provisions"; the code does not require the Project to incorporate any specific type of shared parking provisions. The Project meets this objective standard by incorporating shared parking provisions between (1) its 34 non-residential parking spaces and (2) existing shopping center parking spaces located on the remainder of the adjacent Marketplace site. Condition of Approval 6 compels the Applicant to implement this feature of the Project by recording, before the final map, a reciprocal access and shared parking agreement for non-residential uses only between these two sets of parking spaces.

In any event, though, as noted, the Project conclusively has been deemed consistent with this applicable, objective standard by operation of law. The Housing Accountability Act prohibits further consideration of whether the Project compiles with the code's shared parking requirement. Non-objective, non-written "health and safety" considerations cannot override this determination.

Even if the cited code section was a subjective standard, it could not form the basis for imposing the Shared Parking Condition. The Housing Accountability Act provides:

For purposes of this section, a housing development project ... shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard,
requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project ... is consistent, compliant, or in conformity.
(Gov't Code§ 65589.5(f)(4).) Under the Housing Accountability Act, therefore, a condition of approval may not be imposed if any "reasonable person" could find the Project, as proposed and not conditioned, consistent with applicable standards, even if another "reasonable person" conceivably could disagree. Here, for the reasons described above, a reasonable person plainly may find the Project, absent the Shared Parking Condition, consistent with the code's shared parking requirement. The Shared Parking Condition, therefore, could not lawfully have been imposed even if the underlying code provision were considered a subjective standard.

Additionally, the Shared Parking Condition impermissibly applies new parking standards to the Project, contrary to Senate Bill 330 and the Subdivision Map Act. Two state laws freeze standards in place and prohibit imposition of the Shared Parking Condition.

First, as a housing project for which a preliminary application was filed, the Project is subject to the protections of S.B. 330. In November 2021, the Applicant submitted a complete preliminary application. Consequently, under the Housing Accountability Act, as amended by S.B. 330, the Project is subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. (Gov't Code§ 65589.5(0)(1).) New standards may be imposed only under certain conditions and, for purposes of public health and safety, may address only a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards as they existed when the preliminary application was submitted. Imposing additional parking requirements on the Project, which already meets all applicable requirements, violates these provisions of the Housing Accountability Act enacted by S.B. 330.
- 3 - 160870095.3

10.1.b
Packet Pg. 171 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC Second, as a development that includes a tentative map application, the Project is subject to the protections of the Subdivision Map Act. When approving or disapproving a tentative map, a local agency generally may apply only those ordinances, policies, and standards that were in effect when the application was determined to be complete. (Gov't Code§ 66474.2.) The Shared Parking Condition impermissibly imposes requirements beyond those in effect when the City determined in September 2022 that all Project applications were complete.

Finally, the Shared Parking Condition fails to meet constitutional requirements that conditions have a nexus to Project impacts and of equal protection. First, as City Attorney Martin Lysons explained in detail to the Planning Commission at its February 7th hearing, the Shared Parking Condition fails to meet the requirement that an ad hoc condition of approval have a nexus to impacts of the Project. Under decisions by the United States Supreme Court, the City must demonstrate an "essential nexus" and "rough proportionality" between a condition of approval and impacts of the Project. (See Nol/an v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994).) No nexus between the Shared Parking Condition and impacts of the Project was demonstrated, nor could a nexus be shown. As described, the Project meets all applicable City parking requirements, including code requirements (1) for two garage spaces per singlefamily dwelling of four bedrooms or fewer, and (2) for incorporating shared parking provisions into the Project. In adopting its parking standards, the City conclusively determined that these standards adequately address residential parking needs. Moreover, the Project exceeds these parking requirements by providing six residential guest parking spaces. No evidence was introduced to the Planning Commission to suggest that the Project would fail to provide adequate parking.

Second, the City may not impose parking standards that exceed code requirements on the Project alone. Under the Equal Protection Clause of the United States Constitution, a property owner may not be treated differently from others similarly situated without a rational basis. (See Village of Willowbrook v. Olech, 528 U.S. 562 (2000).) Here, there is no basis for singling out the Project for a heightened parking requirement where (1) other developers, to our knowledge, have not been subject to comparable requirements; (2) the Municipal Code itself discourages excessive parking (see Muni. Code§ D3-28.B); and (3) no nexus exists to impacts of the Project.

The Shared Parking Condition May Render the Proiect's Retail Space Unleasable and Could Harm the Marketplace at San Ramon.

In addition to its numerous legal deficiencies, the Shared Parking Condition may render unleasable the Project's space for an eating and drinking establishment use (the current Starbucks coffee shop). Ease of parking is critical to many retail tenants and patrons. Retail tenants are highly sensitive to parking availability and will forgo leasing space in centers where patrons cannot easily park near the store they wish to visit. Patrons expect parking to be immediately available, in close proximity to a retailer's location, and not occupied by vehicles from off-site uses.

Moreover, Starbucks, the current tenant in the Project's retail space, is a prime example of a "convenience retailer." As the name suggests, convenience retailers rely heavily for their success on the convenience of their locations and ease of access and parking. If any -4-
160870095.3

10.1.b
Packet Pg. 172 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC particular Starbucks is not conveniently located, is not easily accessible, or has limited parking, a patron simply will patronize another business location in the vicinity. In contrast, patrons seek out "destination retail uses," such as Costco, regardless of their location or the immediate availability of convenient parking.

Here, the provision of overnight parking for residential users conflicts directly with a coffee shop's need to serve patrons during early morning hours. Starbucks easily could balk at continuing its business without any assurance that its early-morning customers would have access to convenient parking, as the Shared Parking Condition would allow residential parking after Starbucks opens for business at 5:30 a.m. Similarly, a different prospective tenant, like a restaurant that serves dinner, easily could reject a retail space with limited convenient parking in the evening hours. The Shared Parking Condition, therefore, may result in a retail space that is unleasable---and chronically vacant. Such a situation could not be remedied regardless of rent levels or economic conditions.

The Shared Parking Condition also could undermine the viability of the larger Marketplace at San Ramon neighborhood retail center. Operation of a successful retail center like the Marketplace requires not only the development of appropriate types of retail space, but also adequate financing and the ability to meet the needs of retail tenants.

Lenders disfavor encumbrances on retail property, including its parking areas. Shared parking between retail parking areas is standard and not problematic, but an encumbrance like the Shared Parking Condition, which allows residents to occupy retail parking spaces, could limit the Applicant's ability to obtain financing or could make financing significantly more expensive.

Relatedly, retail tenants often require certain lease terms, and each tenant has different requirements. Successful operation of a retail center requires flexibility on the owner's part to accommodate these needs, including for parking, through lease terms. The Shared Parking Condition substantially limits this necessary flexibility at the Marketplace and could cause current tenants to challenge the Applicant's compliance with its existing retail leases.

In sum, the Shared Parking Condition could trigger the closure of the existing coffee shop use, render the Project's retail component unleasable, and harm the rest of the Marketplace.

As a final point, the Applicant has no reason to believe that the Project's residential component requires additional parking to thrive. As residential development situated on small lots in a vibrant mixed-use context, the Project's housing likely will attract a different profile of buyer than traditional suburban single-family neighborhoods. Prospective purchasers will be aware that each unit has only two parking spaces and that convenient on-street parking is not available. For this reason, the Applicant has no reason to believe that households with more than two cars will move to the Project; rather, these households are likely to choose a traditional single-family neighborhood. The City's 2023-2031 Housing Element prominently supports diversity in San Ramon's housing stock: Guiding Policy GP 11.5.1-1 states, "Provide a diversity of housing types and affordability levels within San Ramon to meet the needs of community residents."
Thank you again for the City Council's consideration of this appeal. The Applicant respectfully asks that the Council modify the Planning Commission's decision by removing the Shared Parking Condition while otherwise affirming the Commission's approval of the Project. - 5 - 160870095.3

10.1.b
Packet Pg. 173 Attachment: B: Appeal filed by Marketplace at San Ramon, LLC (Applicant Appeal) (2023-029 : Marketplace MU Dev. Project (DP 2022-0007) CC • San Ramon

APPEAL INITIATION

FORM C ALI F O RN I A
Appellant Information
Appellant Name (First and Last): Citizens Against Market Place ApartmenVCondo Development (CAMPADJ Counsel Representing Appellant: Greenfire Law PC
Residential Address:

E-mail Address:

Daytime Phone:

Project Name: 130 Market Place
Project Address: 130 Market Place, San Ramon
Please provide the reason for the appeal stating specifically the following information:

1. The specific determination or interpretation that is claimed to be not in compliance with the purposes of the Zoning Ordinance;

2. The specific facts that are claimed to be in error or an abuse of discretion;

3. The specific facts of the record which are claimed to be inaccurate; or

4. The specific decision that is claimed to be unsupported by the record.

Please attach pages as necessary.

This form must be accompanied by the fee payment identified in the City's Fee schedule and received in person or by mail by the City Clerk.

City Clerk Staff:

Date Received: 2-/ 2 7 Received B~
Notes: '3e.cciv-e.d \J j r., C,oLLr ier
Deposit Paid: 1.500- Deposit Paid By: C.h\<. ~ j 318

10.1.c
Packet Pg. 174 Attachment: C: Appeal filed by Citizens Against Market Place Apartment Condo Development (CAMPAD Appeal) (2023-029 : Marketplace MU Attachment to Initiation of Appeal
Citizens Against Market Place Apartment/Condo Development ("CA1v.lP AD") hereby appeals the Planning Commission's February 16, 2023, approval of DP 2022-0007 (demolition and . construction development permit), MJ 2022-0005 (major subdivision), UP 2022-0004 (use permit for Starbucks), AR 2022-032 (architectural review), (TRP 2022-032 (tree removal permit) and ENVR 2022-0004 (CEQA compliance) for 130 Market Place (APN 213-701-002).

The Commission was required to determine that the proposed development would be consistent with the General Plan, compliant with the Zoning Ordinance, "compatible with existing and future land uses in the vicinity[,] "and ''would not be detrimental to the ... welfare of the persons residing or working in the subject neighborhood[.]" (Muni. Code§ D6-28(F),(G).) The Commission erred in making the above approvals because:

1. General Plan Policy 4.6-1-26 explicitly requires a master plan in connection with the proposed activity and no master plan is included as a condition of approval. A reasonable person could not conclude that the project is compliant with this condition since there is no master plan. (Cf. Gov. Code,§ 65589.5(f)(4).) This condition is not barred by SB 330 because the City is "not barred from imposing conditions of approval that do not reduce density." ( California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 850 (emphasis in original).)

2. The proposed project does not satisfy the requirements for a horizontal mixed use project as specified in General Plan pages 4-23 and 4-24 and 4.6-1-23, and Zoning Ordinance Sections D2-12(A) and D2-15(B) and Appendix A.

3. The proposed project, which destroys significant, critical, centrally-located and prime retail and replaces it with 40 market-rate single-family condominiums, is not consistent with the General Plan Policies 3.1-G-l, 4.6-1-16, 4.6-1-17, 4.6-1-20, 4.6-1-21 and 5.6-G-2.

4. The proposed project does not meet the Zoning Ordinance definition of"proposed project" (p. 8-33), which does "not include the alteration of any portion of an existing structure other than an addition[,]" because the application does not propose any addition to the commercial component of the mixed use project (Starbucks).

5. The Commission was required to consider whether the application complied with the objective requirements for minimum site unit density and mixed use because on October 4, 2022 staff accepted the Commission's direction to provide the applicant written notice of such inconsistencies in accordance with the procedures of SB 330 and the applicant was present at the hearing, thereby receiving actual notice of such direction, yet later met with staff with the result that staff issued an ultra vires letter contrary to the direction of the Commission. The applicant should be deemed to have received the deficiency letter dictated by the Commission as the timeline of events indicates the applicant may have been in involved in frustrating issuance of that letter and thus would have ''unclean hands."

6. Condition 59, requires approval of regional utility providers, including waste storage facility districts, but does not specify ACI of San Ramon, or other trash pickup service provider. Such provider's confirmation of commitment to provide service, including that 1/2

10.1.c
Packet Pg. 175 Attachment: C: Appeal filed by Citizens Against Market Place Apartment Condo Development (CAMPAD Appeal) (2023-029 : Marketplace MU vehicle access and receptacle placement and enclosure design standards are in fact adequate, is necessary for the good functioning of the mixed use development and the public welfare.

7. As noted in the points above, "the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans" (Gov. Code,§ 66474(b)) and the subdivision should not have been approved.

8. The proposed project does not qualify for an infill exemption to CEQA review under title 14 of the Code of Regulations ("CEQA Guidelines"), section 15332 because:
a. As noted above, the project is not "consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations."
b. "Approval of the project" would result in "significant effects relating to traffic, noise, air quality, or water quality" because the elimination of a 55,635 square feet of commercial space (out of -185,000 square feet of existing tenant space), including a building designed for a full-service grocery store, would result in significant traffic/air quality impacts due to increasing vehicle miles travelled by residents driving to more distant grocery stores or other commercial services that can no longer be offered at the site after the commercial square footage has been demolished and replaced with condominiums. The VMT analysis in the staff reports focused on reduction of traffic to and from the subject site and did not consider the consequences of elimination of the commercial square footage in this easily accessible location.
c. The "project site" (see CEQA Guidelines, § 15378(a) (defining "project")) is "more than five acres" because the proposed development is occurring on 3.91 acres and a reciprocal commercial parking easement will cover additional acres of parking in the adjacent shopping center in which vehicle activity related to the commercial elements of the mixed use development will also occur. d. The project will result in ''unusual circumstances." (CEQA Guidelines,§ 15300.2(c).) Such circumstances necessitating consideration include the demolition of 55,635 square feet of retail despite the known significant vehicular outflow from the City caused by retail leakage and growing need for future local retail capacity detailed in the The Natelson Dale Group, Inc., Retail Development Opportunity Analysis (May 23, 2022).

Zoning Ordinance Section D7-9 allows for initiation of an appeal within 10 days "by the applicant or any interested person." CAMP AD is an unincorporated association of City residents dedicated to preserving the character of the City and protecting scarce, community-serving retail.

CAMP AD has actively commented and engaged with staff regarding the application. CAMP AD is "an interested person" with standing to bring an appeal. This appeal is timely filed with the City Clerk on February 27, 2023, along with a check for the filing fee of $2,500.

Please confirm acceptance of this appeal by return email to Ariel Strauss, 2/2

10.1.c
Packet Pg. 176 Attachment: C: Appeal filed by Citizens Against Market Place Apartment Condo Development (CAMPAD Appeal) (2023-029 : Marketplace MU RESOLUTION NO. 02-23

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF SAN RAMON APPROVING

THE MARKETPLACE MIXED USE DEVELOPMENT PROJECT
DP 2022-0007; MJ 2022-0005 (VESTING TENTATIVE MAP 9607); LUP 2022-0004; AR 2022-0032; TRP 2022-0009; AND ENVR 2022-0004 LOCATED AT 130 MARKET PLACE
(APN: 213-701-002)

MARKETPLACE AT SAN RAMON, LLC
(APPLICANT AND PROPERTY OWNER)
WHEREAS, in 1986, Contra Costa County approved the existing Marketplace Center, including the San Ramon Library and the shopping center, which included the subject property at 130 Market Place (APN: 213-701-002) and development directly north of Montgomery Street; and WHEREAS, on December 4, 1987, the City of San Ramon annexed the existing Marketplace Center into the City of San Ramon; and
WHEREAS, in 1995, the City of San Ramon changed the General Plan land use designation to Mixed Use for the subject property; and
WHEREAS, in 2006, the City of San Ramon changed the Zoning District to Mixed Use (MU) for the subject property; and
WHEREAS, on November 2, 2021, the Applicant submitted a Preliminary Housing Development application (PHO 2021-0001) for the proposed Marketplace Mixed Use development project, incorporating a Project site area of 3.91 acres located on the existing 12.43-acre parcel (APN: 213-701-002) and part of the Marketplace Center (130 Market Place); and WHEREAS, on November 23, 2021 the City accepted the Preliminary Housing Development application (PHO 2021-0001 ); and
WHEREAS, on April 28, 2022, prior to the expiration of a 180-day period established by the Housing Accountability Act (as amended by the 2019 SB 330 Housing Crisis Act) for the Preliminary Housing Development application (PHO 2021-0001), the Applicant submitted the subject Development Plan application (DP 2022-0007), Major Subdivision application (MJ 2022- 0005 - Vesting Tentative Map 9607), Use Permit (LUP 2022-0004), Architectural Review application (AR 2022-0032), Tree Removal Permit (TRP 2022-0009), and Environmental Review application (ENVR 2022-0004) for the Marketplace Mixed Use development project which consists of the demolition of approx. 55,636 sq. ft. of existing commercial tenant space, construction of 40 single-family detached condominium units, 4 Junior Accessory Dwelling Units, the maximum open business hours of operation and renovation of an existing 1,869 sq. ft. building for an existing Eating & Drinking Establishment (Starbucks), associated parking lot modifications, tree removals, landscape improvements, and the subdivision of the Project area into 18 new parcels with a Vesting Tentative Map for Condominium Purposes; and
Resolution No. 02-23

Page 1 of 10 ends

San Ramon City CouncilMarch 14, 2023

San Ramon City Council
March 14, 2023