Agenda

Return

C.75

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development Director
Date:	March 17, 2009

Contra

Costa

County

Subject:

ORDINANCE TO REPEAL A MORATORIUM ON CERTAIN LAND USE DEVELOPMENT IN THE NORTH RICHMOND AREA

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/17/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

335-7237

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: March 17, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Ordinance No. 2009-08, which repeals the existing development moratorium in the North Richmond area.

FISCAL IMPACT:

None

BACKGROUND:

On June 5, 2007, the Board of Supervisors authorized the Department of Conservation and Development to undertake a General Plan Amendment study relating to multiple parcels in an underutilized industrial area of North Richmond (County File: GP#07-0008). The purpose of the study was to evaluate changing the General Plan land use designations from Heavy Industry (HI) and Light Industry (LI) to residential, commercial, and potentially public uses in support of a proposed master planned development. The General Plan study area is bounded by 3rd Street to the west, the Union Pacific Railroad tracks to the east, Wildcat Creek and San Pablo Creek. An aerial photograph of the study area has been attached to this report.

BACKGROUND: (CONT'D)

In addition to the General Plan Study, the Board of Supervisors authorized a County initiated Specific Plan that would provide policy direction on future proposals for residential and commercial development within this northern industrial area. The specific plan would potentially authorize residential, commercial and public uses and establish planning regulations and standards for such uses. This would encompass the type, location, and intensity of uses, design and capacity of public improvements and infrastructure, and the resources necessary to finance and implement public improvements and infrastructure.

Pursuant to the provisions of Government Code Section 65858, the Board of Supervisors adopted an urgency interim ordinance prohibiting certain land use developments in a specified area of North Richmond (Ord. No. 2007-27). As an urgency measure, the interim ordinance became effective immediately and extended forty-five days to July 20, 2007. Under the same provisions of Government Code Section 65858, the Board of Supervisors extended the urgency interim ordinance on July 10, 2007 (Ord. No. 2007-30). This first extension was granted for 10 months and 15 days. The Board of Supervisors extended the urgency interim ordinance a second time (Ord. No. 2008-18) on May 13, 2008. This second extension extended the period of the urgency interim ordinance for one year, and is due to expire on May 13, 2009. No further extensions are permitted.

On June 3, 2008, Signature Properties withdrew their financial sponsorship of the General Plan/Specific Plan project due to the dramatic downturn in the housing market. The Contra Costa County Redevelopment Agency agreed to assume financial sponsorship of the initiatives on September 23, 2008. This setback delayed the project that was already under a under a restricted time frame, and has prevented staff from being able to accomplish everything needed to complete the new specific plan and associated Environmental Impact Report (EIR). Since the General Plan study / Specific Plan project is clearly going to extend beyond the May 13, 2008 expiration date, the moratorium serves no purpose. Terminating the Urgency Interim Ordinance at this time will permit property owners to seek economic compensation through developing their properties, establishing new land use entitlements, or selling their properties. In summation, the urgency and economic conditions that previously existed making the moratorium necessary in 2007 are no longer present in North Richmond. On March 3, 2009 the Board of Supervisors held first reading of the Ordinance, and fixed March 17, 2009 for adoption.

If the Urgency Interim Ordinance is repealed, it would be lawful to proceed with property development within the specified area of North Richmond through the standard County permitting process, including compliance with the North Richmond Redevelopment Area Planned Unit District requirements. Certain land uses and activities allowed under the Heavy Industry (HI) and Light Industry (LI) land use designations, would be possible to establish again.

The County’s Redevelopment Agency is continuing to financially sponsor the General Plan study analysis and Specific Plan process. Staff will continue performing the necessary work activities associated with the preparation of the Specific Plan and General Plan Amendment study. These activities include working with the contracted consulting firms to assist in preparing the Specific Plan and associated EIR. Staff has already initiated the public outreach process by setting up community meetings with the local business community, the faith based community, and the neighborhood advisory organizations. The purpose of this outreach effort is to engage these interested parties in the development of the new Specific Plan.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board decides not to take action on this item, the current Urgency Interim Ordinance adopted by the Board on May 13, 2008 would remain in effect, but expire on May 13, 2009. No further extension is permitted by law. Certain land uses and activities in the General Plan study area would continue to be prohibited, and the property owners could lose potential economic sources normally associated with the development allowed in the current HI and LI General Plan land use designations.