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C. 63
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: January  17, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Delta Coves General Plan Amendment Feasibility Request, County File #GP22-0005

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   01/17/2023
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Daniel Barrios, (925) 655-2901
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     January  17, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. AUTHORIZE initiation of a General Plan amendment (GPA) process to evaluate changing the General Plan land use designation from Single-Family Residential - Low Density (SL) to Multiple-Family Residential - Low Density (ML) for Parcels C and D of the Delta Coves project (Subdivision 6013) in Bethel Island, Assessor's Parcel Numbers 031-250-008 and 031-010-029. (County File #GP22-0005)  
  

2. ACKNOWLEDGE that granting this authorization does not imply any sort of endorsement for the application to amend the General Plan, but only that the matter is appropriate for consideration.

FISCAL IMPACT:

None. If the requested authorization is granted, the project applicant will pay application fees to cover the cost of processing the GPA.

BACKGROUND:

Delta Coves History  
  
The Delta Coves vesting tentative map (Tract 6013) and development plan (County File #DP82-3024) were approved by Federal court order on March 30, 1989. The judgment was handed down by the court after the Delta Coves vesting tentative map and development plan were denied by the County Board of Supervisors on October 18, 1984. Prior to the Court’s decision, and prior to denial of the Development Plan by the Board, on October 28, 1976, the Board of Supervisors approved a rezoning of the subject property to Planned Unit District (P-1) and preliminary development plan for the Delta Coves project (County File #RZ-1832). That approval by the Board was the basis for the Court’s decision to overturn the Board’s denial of the subdivision and development plan applications.  
  
The judgment approved the project as shown on the Delta Coves tentative map/development plan, including 494 single-family residential lots and 66 condominium units. In addition to the residential portions of the project, the tentative map identified various parcels to be reserved for commercial facilities (Parcels D, E, M and N), recreational facilities (Parcel C), condominiums (Parcel B) and parking (Parcels C, F, G and H). In 2004, after complying with all applicable conditions of approval, the Delta Coves final map was recorded. After recording the final map,

most of the subdivision improvements were completed including construction of the perimeter levee, the “finger levees” upon which nay of the residential lots are located, the interior lake, levee breach along Dutch Slough, storm drain improvements, roadways, sidewalks, curbs, gutters and street lighting.  
  
On November 10, 2015, the County Planning Commission granted approval of a modification to the Delta Coves development plan involving a change to the approved location of the 66 condominium units, the community facilities complex, and the yacht club. Per the approved Delta Coves tentative map, the 66 condominium units were to be constructed on Parcel B and the recreational facilities were to be constructed on Parcel C. Overflow parking for the community facilities complex, yacht club, and condominiums were to be constructed on Parcel G. The community facilities complex, yacht club, and 38 condominium units were approved to be constructed on Parcel B, which is the 5.77-acre peninsula parcel previously reserved for the condominiums only. The remaining 28 condominium units were to be constructed on Parcel E which is a 3.85-acre parcel located at the eastern end of the Delta Coves along Windsweep Road and West Wind Place which was reserved for commercial facilities.  
  
Proposed Project  
  
In 2021, numerous lot line adjustment applications were completed throughout Delta Coves to merge various corner lots into larger single lots to allow construction of larger homes and maintain the ability of each to have a personal dock (the previous configuration was too cramped to allow a dock for each parcel). As such, 35 units were transferred to Parcels C and D (now known as APNs 031-250-008 and 031-010-029, respectively) and the total number of single-family residences to be built was reduced from 494 to 459, with an overall total of 560 units.  
  
The applicant now proposes to replace the approved commercial marina on Parcels C and D with higher density residential development, which will include 47 cottage-style detached units on Parcels C and D. This would increase the total unit count of the Delta Coves development to 572 total units – a 12-unit net increase. The commercial marina was intended to serve the Delta Coves community, but community feedback indicated that an additional marina is not desired. As such, the applicant is now requesting this GPA to restore the residential units lost through lot line adjustments and add 12 units.  
  
The residences proposed for Parcels C and D are of a size and product type that is currently restricted to Parcels B and E, referred to by the applicant as cottages, and range from 1575 square feet to 1880 square feet of livable area. They are proposed to be placed on smaller lots adjacent to the Island Camp Amenity Facilities and designed for carefree living where the homeowner’s association maintains the landscaping and dock facilities.   
  
Proposed General Plan Amendment  
  
In order to accommodate the proposed project, the applicant is requesting a GPA to modify the General Plan Land Use Designation for Parcels C and D from Single-Family Residential - Low Density (SL) to Multiple-Family Residential - Low Density (ML). The 47 proposed cottage units on the two parcels would result in a proposed density of 8.7 units per acre, which exceeds the SL maximum density of 2.9 units per net acre fits the ML density range of 7.3-11.9 units per net acre.  
  
Staff recommends authorization of this feasibility study for the following reasons:  
  
- The County’s Regional Housing Needs Allocation (RHNA) for the upcoming 6th Housing Cycle is 7,610 units. The proposed project allows the County to regain 35 "lost" units and add 12 new units.  
  
- The proposed cottage-style units would be new to Delta Coves, providing an additional housing option.  
  
- Infrastructure already installed throughout the Delta Coves project is adequate to serve the proposed units.   
  
Staff emphasizes that authorization to proceed with the GPA process does not imply the Board's support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for further consideration.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not authorize initiation of the GPA process, then an application to amend the General Plan cannot be filed and the subject site will retain its existing SL land use designation and allowed uses.

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