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*SPECIAL MEETING* SUSTAINABILITY COMMITTEE
Meeting Date: 06/28/2021  
Subject:    RECEIVE update and PROVIDE DIRECTION on draft environmental justice policies for updated County General Plan.
Submitted For: Jody London, Sustainability Coordinator
Department: Conservation & Development  
Referral No.: N/A  
Referral Name: N/A
Presenter: Will Nelson, DCD Contact: Jody London (925)674-7871

Information
Referral History:
Since 2018, the Department of Conservation and Development (DCD) has been working on Envision Contra Costa 2040, the update to the County General Plan, Zoning Code, and Climate Action Plan. A requirement related to the General Plan update is compliance with SB 1000, the Planning for Healthy Communities Act, passed in 2016. SB 1000 requires the County General Plan to address environmental justice (EJ) in Impacted Communities (labeled “disadvantaged communities” in the statute). CalEnviroScreen, the State’s tool for identifying Impacted Communities, identifies North Richmond, Montalvin Manor/Tara Hills/Bayview, Rodeo, Crockett, Mountain View/Vine Hill, Pacheco, Clyde, and Bay Point as such (see Attachment A, Draft Impacted Communities Map).

The Sustainability Committee received a report on the draft General Plan EJ policy guidance at its September 29, 2020, meeting. The Committee provided direction on numerous topics, including environmental impacts, community benefits, public banks, access to fresh food, and outreach. The Committee asked that the draft EJ policy guidance be brought back for further review and discussion after additional community outreach and input from the Hazardous Materials Commission.

The revised EJ policy guidance was reviewed by the Sustainability Committee at a special meeting on April 26, 2021. The Committee provided comments on several specific goals, policies, and actions and directed DCD staff to return in June with further revisions. The Committee also directed DCD staff to meet with Contra Costa Health Services and Richmond LAND staff to address their comment letters submitted in March 2021.
Referral Update:
In late March the County’s General Plan consultant, PlaceWorks, submitted the first full set of draft of goals, policies, and actions for the updated County General Plan for internal staff review. Since then, staff of the following County departments and programs have been reviewing the draft goals, policies, and actions, including the draft EJ policy guidance, and providing comments to DCD’s Advance Planning staff:


  • County Administrator’s Office
  • Transportation Planning
  • Health Services
  • Housing
  • Public Works/Flood Control District
  • Sustainability
  • Office of Emergency Services
  • Habitat Conservation
  • Libraries
  • Solid Waste
  • Agriculture, Weights, and Measures
  • Water Agency
  • Hazardous Materials
  • Parks
  • Current Planning

As part of the internal review process, Advance Planning staff met with staff of each of these departments and programs to discuss and further refine their comments. Since April, Advance Planning staff also met three times with staff from Richmond LAND. The revised draft EJ policy guidance, which responds to comments from the Sustainability Committee, County staff, and Richmond LAND, is provided in redline format in Attachment B. This document also includes comment boxes containing Sustainability Committee comments from April 26 along with staff responses where appropriate.

Discussion Items
Staff requests feedback and direction from the Sustainability Committee on additional refinements to the draft EJ goals, policies, and actions. In particular, staff seeks Committee feedback on the following:
  • Policy SC-1.5 – Community Benefits Agreements: The Committee indicated that this policy should place a primary value on mitigating negative impacts from projects in Impacted Communities. The revised policy responds to that comment.
  • Action SC-A3.5/Policy SC-P5.1 – Alcoholic Beverage Sales: The Committee indicated that policies should discourage new liquor stores in Impacted Communities. The revised action and policy respond to that comment.
  • Policies SC-P4.4/HS-P1.10 – Indoor Air Quality: The Committee indicated that indoor air quality must be addressed in the EJ policy guidance or elsewhere in the General Plan. These new policies respond to that comment.
  • Action SC-A6.4 – Public Notification: This is a new action not previously reviewed by the Committee. State law requires public notification for hearings on land use issues. In addition to posting the hearing notice in the local newspaper, the County is required to mail the hearing notice to all properties within 300 feet of the boundary of the project site. As written, this action would increase the notification distance for refinery projects to 3,000 feet (i.e., 10 times the statutory requirement). Staff seeks the Committee’s guidance on the types of projects that should receive additional notification (refinery projects only, or others as well?), and what the notification distance ultimately should be.
  • SC-A6.5 – Centralized Outreach Services: This is a new action not previously reviewed by the Committee. An issue that emerged from the internal staff discussions on the draft General Plan goals, policies, and actions was the need for a single entity within the County that would support all County departments with interpretation and translation services. This is fundamental to improving outreach, especially in Impacted Communities. Staff seeks the Committee’s guidance as to the specific wording of this action.
  • Policy HS-P1.3 – Siting of Sensitive Receptors/Buffers: This policy is unchanged from the version the Committee reviewed in April. The Committee flagged this policy for discussion at a future meeting.
  • Policy HS-P1.5 – Zero-Emissions for Large Facilities: The Committee indicated this policy must be revised to require large facilities to implement various measures designed to eliminated emissions. The revised policy combines language from existing Conservation Element Policy 8-113, adopted by the Board of Supervisors in December 2018, and conditions of approval for recent projects in North Richmond.

Related to this topic, Attachment C is guidance from the California Department of Justice, Environmental Justice Bureau, on best practices and mitigation measures for warehouse and logistics projects to comply with the California Environmental Quality Act. Staff will consult this guidance and continue incorporating best practices as the draft General Plan policies related to this topic are further refined.
  • Policy HS-P1.6 – Idling: The Committee indicated this policy must be revised to prohibit diesel truck idling. The revised policy responds to that comment.
Recommendation(s)/Next Step(s):
RECEIVE update and PROVIDE DIRECTION on draft environmental justice policy guidance for updated County General Plan.
Fiscal Impact (if any):
No fiscal impact currently.
Attachments
Attachment A - Impact Communities Map
Attachment B - Revised Environmental Justice Draft Policy Guidance
Attachment C - DOJ Guidance on Warehouse Projects
Zoom Chat
Public Comment Received via Email

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