The preparation of the Bay Point Waterfront Strategic Plan, General Plan Amendment, Development Plan Modification and supporting Environmental Impact Report were funded through the Redevelopment Agency using budgeted funds from the Bay Point Redevelopment Project.

The Bay Point waterfront area comprises approximately 290 (+/-) acres of land which is partially within the Bay Point Redevelopment Project Area, and is located north of the Union Pacific Railroad tracks, at the terminus of McAvoy Road. The Bay Point community has considered their waterfront to be an underutilized asset with unrealized potential to provide greater recreational amenities and the waterfront could be a catalyst for the economic revitalization of the overall Bay Point community. At the urging of the community, the Redevelopment Agency in August 2003 completed a strategic planning process for the Bay Point waterfront. The purpose of strategic plan effort was to consider a new and improved future for the waterfront. The strategic plan included an extensive analysis of site conditions, market feasibility, infrastructure needs, and alternative development scenarios. Following a series of public workshops, the strategic plan concluded with a community consensus on a concept plan for a 190-acre area of the waterfront that recommended reconfiguring marina area (which includes McAvoy Harbor and Harris Yacht Harbor) to provide approximately 568 berths within new full-scale marina, open spaces, recreational playfields and trails, and the provision for multi-family residential development adjoining the new, reconfigured marina for up to 450 units (within the medium density range for multi-family under the County General Plan).   
  
Subsequent to the completion of the Bay Point Waterfront Strategic Plan, the Board of Supervisors on December 16, 2003 authorized a General Plan Amendment study for the Bay Point Waterfront, as requested by the Redevelopment Agency on behalf or the Bay Point Redevelopment Project Area Committee, to consider an adjustment to the boundary of the Urban Limit Line, changes in land use designations, and roadway access improvements all in support for implementation of a new, reconfigure marina, and adjoining residential development as conceived in the Bay Point Waterfront Strategic Plan.   
  
Proposed General Plan Amendment  
  
The proposed Bay Point Waterfront General Plan Amendment (County File: GP#03-0009) involves changes or additions to the Land Use and Transportation/Circulation Elements, as follows:   
  
1) Land Use Element, amendment: (a) adjust the Urban Limit Line (ULL) to shift the location of the ULL to move approximately 22 acres of regional parkland outside the ULL and move approximately 21 acres of undeveloped open space and commercial recreation lands inside the ULL [note: this change to the ULL involves less than 30 acres of land and does not require voter approval pursuant to County Ordinance Code section 82-1.018.(b)]; (b) change the Land Use Element Map for lands in the waterfront area, including approximately 17 acres of Open Space (OS) to be re-designated to Multiple-Family Residential–Medium Density (MM), approximately .50 acres of Open Space (OS) to be re-designated Commercial Recreation (CR), and approximately 30 acres of Open Space (OS) to be re-designated to Park and Recreation (PR); and, (c) add clarifying language to the Land Use Element text under existing Policy # 3-77, “Policies for the Bay Point Area”, to incorporate and reference the provisions of the Bay Point Waterfront Strategic Plan as providing additional guidance for the development of the waterfront area, including support for the development of the California Delta Trail within the waterfront area.   
  
2) Transportation/Circulation Element, amendment: (a) add the extension of two roads, Pacifica Avenue Extension and Alves Lane Extension to the Roadway Network Map; and, (b) update the Bicycle Facilities Map to reflect new, proposed bicycle facilities to serve the waterfront area.   
  
The proposed changes or additions under the Bay Point Water General Plan Amendment are more fully depicted or described in Exhibits #’s I, II, III, IV, and V to the proposed Board Resolution. The changes to the Contra Costa County General Plan (2005-2020) would allow for the reconfiguration of the marina area in Bay Point, enable the development of marina-related residential neighborhood and new park, trail, and recreation uses, and provide consistency between the General Plan and the Bay Point Waterfront Strategic Plan.  
  
Development Plan Modification to Bay Point Planned-Unit Zoning District Map  
  
This involves a modification to the General Plan-Land Use Map for the Bay Point Planned-Unit Zoning District Program to reflect map diagram changes consistent with the Land Use Element Map changes to the waterfront area under the proposed Bay Point Waterfront General Plan Amendment.  
  
County Planning Commission Hearing and Recommendation  
  
The County Planning Commission opened a noticed public hearing on the Bay Point Waterfront General Plan Amendment and Development Plan Modification to the Bay Point Planned-Unit Zoning District Map on June 23, 2009 (continued from their June 9, 2009). Upon the staff’s recommendation the Commission continued the hearing to address concerns raised by the East Bay Regional Park District about the provision for the California Delta Trail through the Bay Point waterfront area, and to review an alternative configuration of the marina and residential areas, as recommended by Commissioner Marvin Terrell. The Commission also asked that written comments on the proposed General Plan Amendment submitted at the June 23rd public hearing also be provided to all Commissioners.  
  
At the continued hearing on August 11, 2009, the Commission was presented with an alternative land use plan for the waterfront based on the suggestions from Commissioner Terrell, which involved consolidation of the boat and trailer storage, and boat docking and boat launch into one common area closer to the turning basin for the marina without bisecting it with residential uses. The alternative land use plan also included an alignment for the California Delta Trail, which was developed following consultation with East Bay Regional Park District staff.   
  
Also, during the period between the June 23rd and August 11th hearings, staff had meet with representatives from the Pacific Gas and Electric Company (PG&E) to discuss the proposed changes to the waterfront since PG&E has significant property holdings within the area that would be affected by the changes. The purpose of the meeting was to gauge PG&E’s level interest and support for changes involving the reconfiguration of the marina area, new residential development, and provisions for the future California Delta Trail. At that meeting PG&E representatives indicated their concurrence with the alternative land use plan (known as the Terrell alternative) and the proposed alignment of the California Delta Trail.   
  
At the August 11th hearing, the Commission heard testimony from the owner and operator of the McAvoy Harbor and several tenants within this property concerning the operation of that facility during the interim period prior to the marina improvements as envisioned under the Bay Point Waterfront Strategic Plan. The owner of McAvoy Harbor was concerned about land use and other building regulations during the interim period that might inhibit their ability to make improvements to their property, and the tenants were concerned with potential displacement of their boats and difficulty in relocation to another marina.   
  
The Commission after accepting this public testimony, closed the public hearing on August 11, 2009 but continued the matter to their August 25, 2009 meeting. The Commission requested staff return with a response to the concerns raised during the August 11th public testimony.  
  
At their August 25th meeting, the Commission accepted a staff report in response to the testimony received at the August 11, 2009 hearing. The Commission concluded their deliberations on the General Plan Amendment and Development Plan Modification by adopting Resolution No. 21-2009, which recommends to the Board of Supervisors adoption of the Bay Point Waterfront General Plan Amendment (County File: GP#03-0009) and the Development Plan Modification (County File: DP#00-3003). Attached with this Board Order is a copy of County Planning Commission Resolution No. 21-2009, staff reports to the County Planning Commission, and written comments received at the County Planning Commission’s public hearing.   
  
  
Determinations under the California Environmental Quality Act  
  
The proposed General Plan Amendment and Development Plan Modification are subject to the California Environmental Quality Act (CEQA). An Environmental Impact Report (EIR), entitled “Bay Point Waterfront Strategic Plan Environmental Impact Report”, was prepared for this project in accordance with the requirement of State and County CEQA Guidelines. The Notice of Preparation for an EIR was issued by the County on August 24, 2004, the State Clearinghouse assigned it SCH#2004092009, the Draft EIR was prepared and circulated for review and comment between March 30, 2007 and May 17, 2007. Following the close of comment on the Draft EIR, written responses to comments were prepared and on December 31, 2008 the County issued the Final EIR. Enclosed with this Board Order are copies of the Draft EIR and Final EIR along with the Mitigation Monitoring and Reporting Program (MMRP). The Board is asked to find that the EIR prepared for this project is in accordance with CEQA, and is adequate for the purposes of compliance with CEQA, and both certify and adopt the Bay Point Waterfront Strategic Plan Environmental Impact Report (SCH#2004092004) and the Mitigation Monitoring and Reporting Program (MMRP) contained therein.  
  
County Planning Commission Resolution No. 21-2009 and Zoning Administrator Resolution No. 12-2009, which each recommend certification of the EIR and adoption of the MMRP, are provided with this Board Order for the Board of Supervisors consideration in making the CEQA determinations for this project.