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D.3
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: November  19, 2019
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: General Plan Amendment – Rodeo Senior Housing Successor Site

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/19/2019
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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Jamar Stamps, AICP (925) 674-7832
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:     November  19, 2019
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. OPEN the public hearing on the Rodeo Senior Housing Successor Site General Plan Amendment ("Project"), RECEIVE testimony, and CLOSE the public hearing.   
  

2. FIND that on the basis of the whole record before the County (Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553), including the Initial Study and the comments received, that there is no substantial evidence that the project with the proposed mitigation measures will have a significant effect on the environment and that the August 22, 2019, Mitigated Negative Declaration reflects the County's independent judgment and analysis.   





RECOMMENDATION(S): (CONT'D)
  
3. ADOPT the mitigated negative declaration and mitigation monitoring program for the Project.   
  
4. SPECIFY that the Department of Conservation and Development, is the custodian of the documents and other materials that constitute the record of proceedings upon which this decision is based.   
  
5. ADOPT Resolution No. 2019/633, amending the General Plan to change the land use designation of the subject property from Commercial ("CO") to Multiple-Family Residential Very High - Special ("MS") (County File #GP18-0007).   
  
6. APPROVE the Project findings and conditions of approval.   
  
7. DIRECT the Department of Conservation and Development to file a Notice of Determination with the County Clerk.

FISCAL IMPACT:

The Contra Costa Housing Successor Agency has covered costs associated with processing the proposed Project.   

BACKGROUND:

COUNTY PLANNING COMMISSION HEARING  
On October 23, 2019, the County Planning Commission heard and unanimously recommended approval of the General Plan Amendment. There was no public testimony.  
  
PROJECT DESCRIPTION  
The project intends to amend the County General Plan to change the project site’s current land use designation from “Commercial” to “Multiple-Family Residential Very High – Special” (“MS”). The project will potentially allow for future development of additional senior housing (consistent with neighboring property’s use) and a senior center available for public use. The project does not include any actual development of the subject site at this time. Any proposal for future development of the subject site will require County review and approval.  
  
SITE/AREA DESCRIPTION  
The project site is located in unincorporated Rodeo, on the 700 block of Willow Avenue, approximately 350 feet southwest of the San Pablo Avenue/Willow Avenue intersection. The site was acquired, along with the site of the existing senior housing development to the north, by the Redevelopment Agency in 2001. At that time the parcel was subdivided for the development of the 50-unit Rodeo Senior Apartments and the subject site remained as a future development site. The County, in its capacity as Housing Successor to the Contra Costa County Redevelopment Agency, is the owner of the site. The project site is an approximately 0.98 acre, relatively flat triangular lot. The area consists of primarily residential land uses. The project site’s west property line is also the City of Hercules’ jurisdiction boundary.  
  
ENVIRONMENTAL REVIEW  
A California Environmental Quality Act (“CEQA”) Initial Study was prepared for the project. The Initial Study/Mitigated Negative Declaration (“IS/MND”) identified potentially significant impacts in the areas of Cultural Resources, Geology/Soils, Noise, and Tribal Cultural Resources, and proposed mitigation measures to reduce the impacts to a less-than-significant level. The public review comment period for the Initial Study extended from August 22, 2019 until September 19, 2019. Comments were received from East Bay Municipal Utility District’s (“EBMUD”) and EAH Housing (property owners to the north). Below is a summary of the comments received and staff’s responses. The IS/MND was revised in response to EBMUDs comments, however the IS/MND was not recirculated for public review pursuant to CEQA Guidelines as the revisions were not substantial. EAH’s comments did not indicate inadequacies with the IS/MND and therefore do not have corresponding staff responses.  
  
On September 13, 2019, EBMUD provided a letter recommending specific minor corrections to the IS/MND:  

  • Comment(s): Under the “Hydrology and Water Quality” section, the IS/MND incorrectly states the subject site is within the EBMUD service area for storm water or flood control services.
Staff Response: The IS/MND has been revised to state the subject site is within the Contra Costa County Flood Control District (Drainage Area 31, Flood Control Zone 8A).
In the same section, the IS/MND incorrectly states the subject site is within the EBMUD East Bay Subbasin and subject to the Sustainable Groundwater Management Act’s (“SGMA”) requirements, including implementation of a groundwater sustainability plan. This statement is deleted in the revised IS.
  
GENERAL PLAN CONSISTENCY  
  
The current General Plan land use designation for the subject property is CO. The project involves an amendment to the General Plan Land Use Designation from CO to MS. The intent of the MS General Plan Land Use Designation is to promote the orderly establishment of high-density residential housing. This designation allows between 45 and 99.9 multiple-family units per net acre. Sites can range up to 967 square feet. With an average of 2.0 persons per unit, population densities would normally range from about 90 to about 200 persons per acre. Future development of the 0.98-acre property would result in a density of 90 units per net acre, which falls within the density range for the proposed MM designation.  
  
The subject property is located within the Urban Limit Line (“ULL”) and is consistent with the following policies of the Land Use Element:  
  
Countywide Policies
  • Policy 3-8: Infilling of already developed areas shall be encouraged. Proposals that would prematurely extend development into areas lacking requisite services, facilities, and infrastructure shall be opposed. In accommodating new development, preference shall generally be given to vacant or under-used sites within urbanized area, which have the necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized.
  • Policy 3-22: Housing opportunities for all income levels shall be created. Fair affordable housing opportunities should exist for all economic segments of the county.
  • Policy 3-28: New residential development shall be accommodated only in areas where it will avoid creating severe unmitigated adverse impacts upon the environment and upon the existing community.
Policies for the Rodeo Area
  • Policy 3-147: Direct the major portion of new residential development towards infilling and redevelopment of Rodeo proper.
The subject property is vacant and under-utilized. A high-density residential project would be appropriate as it is an infill project in an already-developed area among single- and multiple-family residential uses. Additionally, all necessary utilities will be available for the subject site. As shown in the IS/MND, the proposed project would not create unmitigated adverse impacts on the environment or the existing community.  
  
The project is also consistent with the County’s Housing Element.
  • GOAL 8: Promote equal opportunity for all residents to reside in the housing of their choice.
  • Policy 8.3: Enhance the opportunity for seniors, persons with disabilities, large households, single parents, persons with HIV/AIDS, persons with mental illness, and farm workers to have access to housing of their choice.
Goal 8 of the County’s Housing Element identifies the need to promote access to equal housing opportunities for Contra Costa residents. The proposed project will provide that opportunity on a property that is underutilized under the current General Plan Land Use Designation. The subject site is also adjacent to, and would serve, a similar development, and is within close proximity to public spaces, public transit and commercial uses.  
  
Overall, the proposed project substantially complies with the applicable General Plan policies.  
  
ZONING COMPLIANCE  
  
The subject property is located within the Rodeo Planned Unit District (“P-1”). Zoning standards are provided by the Rodeo Redevelopment Area Planned Unit Development Zoning Code and Design Guidelines (“Guidelines”) (2005). The Guidelines’ Development Standards Matrix provides standards for various land uses, including multiple-family high-density development. The proposed project would allow for the development of multifamily high-density development which is consistent with the Guidelines. Additionally, the subject property is vacant. Future site improvements will be designed to conform precisely to the Guidelines and County Code Standards.  

CONSEQUENCE OF NEGATIVE ACTION:

The current CO General Plan Land Use designation would remain and would not allow for the project site’s highest and best use. Additionally, approving the proposed project supports state and regional housing goals.  

CLERK'S ADDENDUM

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