RECOMMENDATION(S): (CONT'D)
b. Was prepared in compliance with the California Environmental Quality Act (CEQA), State CEQA Guidelines, and County CEQA Guidelines;
c. Was reviewed and considered by the Board before Project approval; and
d. Reflects the County's independent judgment and analysis.
4. SPECIFY that the Department of Conservation and Development, Community Development Division located at 30 Muir Road, Martinez, CA., is the custodian of the documents and other materials that constitute the record of proceedings upon which the Project is based.
5. ADOPT the Project Findings for the Saranap Village Mixed-Use Project, Attachment 1 to County Planning Commission Resolution #12-2017.
6. ADOPT the Mitigation Monitoring and Reporting Program (MMRP), Attachment 2 to the County Planning Commission Resolution #12-2017, as it pertains to the Mitigated Project Alternative.
7. APPROVE the attached Conditions of Approval for the Project.
8. APPROVE the General Plan Amendments and associated General Plan text amendments (County File #GP13-0003) for the proejct.
9. APPROVE the Planned Unit (P-1) Rezoning Ordinance and associated variance (County File #RZ13-3224) for the project
10. APPROVE the the Preliminary and Final Development Plan (County File #DP13-3035) for the project
11. ADOPT Ordinance No. 2017-20, approving the Development Agreement between Contra Costa County and Saranap Village Developers, LLC, for the Project.
12. ACKNOWLEDGE that the County Planning Commission approved the Vesting Tentative Map (County File #SD13-9359) for the project, and approved the Land Use Permit and Tree Permit entitlements for the Project, and no appeal of these approvals was filed.
13. DIRECT the Department of Conservation and Development to file and post a Notice of Determination with the County Clerk.
FISCAL IMPACT:
The applicant has paid the necessary application deposit, and is obligated to pay supplemental fees to cover all additional costs associated with the application process.
BACKGROUND:
This hearing is to review the General Plan Amendment (#GP13-0003), Rezoning (#RZ13-3224), Development Plan (#DP13-3035), and Development Agreement elements of the proposed Saranap Village Mixed-Use Project. On June 28, 2017, the County Planning Commission heard the project and approved the proposed Major Subdivision (#SD13-9359), Land Use Permit, and Tree Permit applications. The Planning Commission provided recommendations of approval for County Files #GP13-0003, #RZ13-3224, #DP13-3035, and the development agreement that require Board approval.
PROJECT DESCRIPTION
The applicant has submitted applications to the Department of Conservation and Development in relation to the Saranap Village Mixed-Use development. The proposed project consists of the following:
1) General Plan Amendments: Amendment to the Land Use Map of the Land Use Element by way of changing the existing Commercial (CO) and Multiple-Family Residential, Medium Density (MM) designations of the Project Site to a project-specific mixed-use designation (M-15), and amending the Roadway Network Plan of the Transportation and Circulation Element by way of changing the reflected roadway class for a segment of Boulevard Way from “Arterial” to “Collector”.
2) General Plan Text Amendments: Amending text of the Land Use Element to describe the M-15 land use designation; and amending text of the Transportation and Circulation Element to reclassify Boulevard Way as a “Collector” roadway and modify the language of General Plan Implementation Measure 5-w to allow for flexibility in determining when the maximization of traffic flow on arterials and collector roadways is appropriate.
3) Request to rezone the existing General Commercial (C), Multiple-Family Residential (M-29), Retail-Business (R-B), Neighborhood-Business (N-B), and Planned Unit (P-1) zoning districts within the project area to a new project-specific Planned Unit (P-1) zoning district; with an associated variance to allow a mixed-use residential and commercial P-1 district less than 15 acres in area, and modifications to parking standards.
4) Request for approval of a Vesting Tentative Map to subdivide the project site into three (3) parcels; each with multiple residential and commercial condominium units (Approved by the County Planning Commission on June 28, 2017).
5) Request for approval of a Land Use Permit to allow (Approved by the County Planning Commission on June 28, 2017):
- Alcoholic Beverage Sales Commercial Activities for up to three commercial tenants;
- An Exclusive Parking Facility (Site-A Parking Garage)
- Take Out Food Establishments
6) Request for approval of a Preliminary and Final Development Plan to allow for the construction of the Saranap Village Mixed-Use Project in phases, with associated infrastructure, utility, and roadway improvements consisting of the following primary elements:
- Up to 122 rental apartment units;
- Up to 76 residential condominium units for sale;
- Approximately 21,522 square feet of commercial space;
- Outdoor seating along Boulevard Way for commercial tenants;
- Onsite parking garages
- 492 on- and off-street parking spaces;
- Narrowing of a portion of Boulevard Way from four lanes to two lanes;
- Installation of diagonal on-street parking along Boulevard Way and Saranap Avenue;
- New traffic roundabout on Boulevard Way at Saranap Avenue;
- New traffic median on Boulevard Way at Flora Avenue;
- Roadway improvements within Boulevard Way and Saranap Avenue.
- Earth moving activities consisting of approximately 26,500 cubic yards of cut and approximately 2,615 cubic yards of fill
7) Request for approval of a Tree Permit to allow the removal of 64 trees and work within the dripline of 3 trees, some of which are code-protected (Approved by the County Planning Commission on June 28, 2017).
8) Request for approval of a Development Agreement between Contra Costa County and Saranap Village Developers LLC., that would provide assurances regarding the development process and a commitment from the developer to pay $50,000 toward a future community planning process for Saranap.
GENERAL INFORMATION
Site Description: The Saranap Village Mixed Used Project is proposed for a location that is centered around the intersection of Boulevard Way and Saranap Avenue. The proposed project site currently consists of eight privately owned parcels that will be consolidated into three large sites (Site-A, -B/B-1, and –C), each with multiple commercial and/or residential condominium units.
The area of proposed Site-A is located at the northeast corner of the intersection of Boulevard Way and Saranap Avenue, and is the location of four existing parcels. These parcels consist of a mixture of commercial, office, multi-family residential, and single-family residential land uses. Existing land uses include the Sandpiper Apartments, a single-family residence, two 2-story office/commercial buildings, and a vacant lot that was most recently the location for a gas station.
Site-B/B1 is located at the southeast corner of the intersection of Boulevard Way and Saranap Avenue, and is comprised of three existing parcels. Development and land uses in this area include a building and parking area that served as the former Sufism Reoriented sanctuary site, and a common area parcel for the Boulevard Terrace Condominium complex.
Site-C is located at the southwest corner of the intersection of Boulevard Way and Saranap Avenue, and is comprised of one existing parcel. This parcel has been developed with a multi-tenant commercial building that previously contained a market/delicatessen and other commercial tenants. The site and building are now utilized in a less intense and intermittent manner for uses such as Help-U-Sell, Mike Murphy Baseball (batting cages), and spaces for charitable organizations.
General Plan: The project site is located within Multiple-Family Residential, Medium Density (MM) and Commercial (CO) General Plan land use designations. As part of the proposed project, the applicant seeks approval of a General Plan Amendment to change the designation of the entire project site to a new project-specific Mixed-Use (M-15) land use designation in order to allow the integration of residential and commercial land uses on each site.
Zoning: The project site is located partially within General Commercial (C), Multiple-Family Residential (M-29), Retail-Business (R-B), Neighborhood-Business (N-B), and Planned Unit (P-1) zoning districts. The applicant proposes to rezone the site to a project-specific P-1 zoning district, which if approved, will allow for the establishment of land uses substantially similar to those that would be allowed under the current zoning, but in a manner that better utilizes the development potential of the site.
ANALYSIS AND DISCUSSION
General Plan Amendment:
The proposed General Plan Amendment consists of amending the Land Use Element to re-designate the project site to a new project-specific Mixed-Use (M-15) land use designation, reclassifying a portion of Boulevard Way from “Arterial” to “Collector”, and amending the text of General Plan Implementation Measure 5-w in relation to the maximizing traffic flow.
The proposed M-15 land use designation will replace the existing Commercial (CO) and Multiple-Family Residential, Medium Density (MM) at the site. The applicant has proposed the new designation in an effort to allow the integration of residential and commercial land uses on one site. The land uses permitted within the new M-15 designation will be substantially similar to those that can currently be established at the site, but at a larger scale and capacity.
During the County’s review of the proposed roadway improvements for the development, staff was alerted to minor inconsistencies within the Traffic and Circulation Element of the General Plan. One inconsistency pertains to Implementation Measure 5-w, which in part states “develop a parking program to maximize traffic flow on new and existing arterials and collectors by reducing or elimination of on-street parking…”. Staff noted that the maximization of traffic flow and reduction or elimination of on-street parking elements of the measure are not always consistent with the purpose of collector class roadways. This is because collector class roadways are generally low speed roadways that at times are important segments of regional bicycle and low speed vehicle networks.
A second inconsistency that County staff seeks to address as part of this project pertains to the classification of the section of Boulevard Way from Olympic Boulevard to the City/County border, as an arterial roadway. This classification was initially applied in 1969 when heavier traffic volumes along Boulevard Way were anticipated. However, the anticipated high traffic volumes never materialized due to the construction of State Route 24. The County Board of Supervisors later rescinded the 1969 precise alignment of Boulevard Way, acknowledging that a four-lane roadway was unnecessary and would not be constructed. Based on changes in the roadway’s actual use and the County’s plan for this section of Boulevard Way, the proposed amendment would reclassify the roadway segment in a manner that is more reflective of its current function.
A more detailed discussion of the proposed General Plan amendments can be found in Draft Environmental Impact Report (DEIR) Section 4.10 (Land Use Planning), Recirculated DEIR Section 4.18(Analysis of Boulevard Way Reclassification and General Plan Text Amendment), as well as the Staff Analysis section of the staff report completed for the June 28, 2017 Planning Commission hearing. The DEIR, Recirculated DEIR, and Final EIR are avaialable for review under the "Resources and Documents" section of the County's Saranap Village webpage, which is located at http://ca-contracostacounty2.civicplus.com/5195/Saranap-Village.
Rezoning:
The proposed rezoning element of the project consists of rezoning the project site from various existing residential and commercial zoning districts, to a new project-specific Planned Unit (P-1) zoning district. The applicant has requested approval of the proposed rezoning to allow the project site to be developed in a manner that better utilizes the potential of the site, utilities, and infrastructure within the surrounding community. More specifically, the proposed P-1 zoning district will allow for land uses that are substantially similar to those currently permitted at the site, but also allow them in a configuration and scale that better utilize the adjacent highways (Interstate 680 and State Highway 24), public transit facilities (BART and County Connection route), and existing public utilities and infrastructure.
As part of the rezoning element of the project, the applicant is requesting approval of a variance to the minimum size of the area to be rezoned. Pursuant to Section 84-66.6 (Site Minimums) of the County code, mixed-use P-1 districts consisting of both residential and nonresidential uses shall be a minimum of 15 acres in area. Although the proposed Saranap Village P-1 district will be less than the 15-acre minimum provided within the County code, it should be noted that the Housing Element of the General Plan indicates that there is a goal of reducing these minimum standards. This goal is partially derived from the County’s desire to remove governmental constraints that sometimes hinder development, and partially from the County’s goal of meeting housing needs throughout Contra Costa County. More specifically, Policy 6.3 of the Housing Element indicates a desire to “promote mixed-use development by eliminating minimum lot sizes in P-1 zoning districts”. Furthermore, one of the Housing Element’s Planned Unit District Eight-Year Program Objectives (Page 6-104) is to “consider eliminating the 5-acre minimum parcel size currently required for P-1 zoning to permit flexibility for small sites and infill development”. Based on the General Plan objective and policy mentioned above, staff believes that the proposed variance is consistent with applicable elements of the General Plan. In addition, staff believes that the required findings needed to grant the variance exist in part because of the infill nature of the development, adjacent transit facilities, current demand for both housing and neighborhood-serving commercial in the Saranap community, and the County’s history of granting variances to P-1 minimum area standards. Further details and discussion on this matter can be found in the Findings section of the attached County Planning Commission resolution.
Development Plan:
The Preliminary and Final Development Plan element of the proposed project is the instrument that allows for and guides the design of the various physical elements of the proposed development. This includes, but is not limited to, the 122 rental apartment units, 76 residential condominiums, approximately 21,522 square feet of commercial space, three on-site parking garages, on-street parking, and associated roadway improvements. As part of this element, staff has analyzed the project for compliance and consistency with various codes and policies pertaining to matters such as parking, tree removal, landscaping, alcohol sales, and various other applicable standards. Because of this analysis, requests for approval of a tree permit to allow the removal and work within the dripline of protected trees, and requests for approval of land use permits to allow alcohol sales, an exclusive parking facility, and take-out food have been incorporated into the project. The land use permit and tree permit requests mentioned above were approved when the project was heard before the County Planning Commission as those entitlements do not require approval of the Board of Supervisors. Further details and discussion regarding the elements of the Development Plan as well as the Tree and Land Use Permit entitlements can be found in the Project Description and Staff Analysis sections of the staff report completed for the June 28, 2017, Planning Commission hearing.
Metered Parking:
As part of the project, the applicant has proposed to accommodate a portion of the required off-street parking spaces with new diagonal and parallel parking spaces on Saranap Avenue and Boulevard Way. The majority of the on-street parking will be metered parking located on private property within the recorded right-of-way that is privately enforced by the property owner or a third party. The metered parking is intended to support the vitality of the proposed commercial uses within the development by encouraging turnover, and discouraging long-term resident parking in those areas. The applicant will use all or portions of the revenue from the privately maintained parking meters to cover costs related to enforcement and maintenance of those areas, and any excess revenue will be available for benefit of and use within the Saranap Community. As conditioned, the applicant will be required to submit a parking plan for review by County staff to finalize all details for the configuration and enforcement of the on-street metered parking. Further details regarding the proposed metered parking can be found under the Parking heading of the Staff Analysis section of the staff report completed for the June 28, 2017, Planning Commission hearing.
Development Agreement:
The applicant has submitted a request for approval of a Development Agreement between the County and Saranap Village Developers LLC. A few of the applicant’s primary goals for requesting the proposed development agreement are to ensure the ability to proceed with development of the property in accordance with applicable law in effect at the time of approval, to reduce economic risk, and to provide procedural guidance for all parties in relation to the more unique elements of the project (e.g. indemnity agreement, maintenance agreement, developer funding obligation, etc.). The proposed development agreement also includes a commitment by Saranap Village Developers LLC to pay the County $50,000 for use towards processing a comprehensive land use plan for the Saranap area. If approved, the proposed agreement would become effective after the effective date of the associated agreement-specific ordinance and the effective date of all approvals. The initial term of the agreement spans a period of ten years. However, the term of the agreement can be extended an additional ten years (two five-year extensions) via written request, extended due to an “enforced delay”, or tolled due to a third-party lawsuit, initiative, or referendum. The language of the proposed development agreement and associated ordinance have been attached to this report for review.
Saranap Area Plan:
Throughout the application review process members of the public have voiced concerns that the Saranap-Village project would induce similar, or even larger or taller, development along Boulevard Way, resulting in a complete change of the community’s culture, without first consulting an overall vision for the community. From these public comments, discussions have emerged regarding the potential for a Saranap-specific land use planning effort being conducted by the County and involving the community. The resulting plan could be designed, adopted, and enforced via instruments such as a specific plan, rezoning, or additional specific geographic area policies within the Land Use Element of the General Plan. The intent of this effort would be to develop a plan for the Saranap area that would guide future development in a manner that is consistent with the General Plan and that conveys the long-term goals of Saranap residents. The plan could include, but not be limited to, the following key features:
- Creation of a long-term plan for development within the commercial portion of the Saranap community;
- Identification of the desired types, size, overall architectural scheme, and location of future commercial land uses at the eastern end of Boulevard Way; and
- Identification of a zoning strategy to encourage and enable the establishment of potential community-serving recreational areas (i.e. park, open space, or other public facility).
This matter has been discussed with the applicant, who has in-turn agreed to pay the County $50,000 for use as funding for this planning effort. Payment of the funds would be enforced via Article III (Developer Funding Obligation) of the proposed development agreement between the County and Saranap Village Developers LLC, and would be collected within thirty days of the County noticing Saranap Village Developers LLC that the study has been initiated.
Proposed Edits and Amendments:
Subsequent to the County Planning Commission hearing, County staff continued to work with the applicant to refine the proposed project. In an effort to address questions and matters raised and discussed during the Planning Commission Hearing, and to resolve minor inconsistencies between documents, staff recommends that minor changes be made to the recommended conditions of approval and proposed development agreement as follows.
Conditions of Approval:
These proposed changes shown below have been incorporated into the recommended conditions of approval, and are shown in strikethrough and underlined text.
COA #19:
The project is subject to the Inclusionary Housing Ordinance. Pursuant to Section 822-4.402 of the County Ordinance Code, a residential development of 76 for-sale units shall construct at least fifteen percent of the for-sale units to be developed and sold as inclusionary units. The Applicant is required to construct a total of 11.40 units of inclusionary housing.
a) As an alternative to the requirement to construct inclusionary housing, the Applicant has proposed the payment of an in-lieu fee. This alternative for the Department of Conservation and Development (DCD) to collect an in-lieu fee, as established in DCD’s fee schedule, has been accepted.
b) Pursuant to Section 822-4.404(e), prior to issuance of the first building permit for any portion of the for-sale residential development that is within Site-B/B1 and –C, the Applicant shall pay to the County the full amount of the fees that are due under the current Inclusionary Housing Ordinance. Inclusionary Housing in-lieu fees are calculated only for the for-sale residential units on Sites-B/B1 and –C. The in-lieu fee for all for-sale units on Sites-B/B1 and –C is $294,492, as long as vesting rights are maintained if the building permits are obtained within ten years of the effective date of the development agreement. Consistent with Section 2.04 (Fees) of the Development Agreement, in the event building permits are obtained after the ten-year vesting period, then the Applicant is required to pay fees applicable at the time of issuance of the building permit. This in-lieu fee is non-refundable.
COA #91.a:
Prior to recordation of a Final Map for each site, the Applicant shall record a covenant acceptable to the Director of Public Works against the private property within such Final Map pursuant to which the Applicant shall be obligated as follows:
a) to accept ownership of the vacated property described in the foregoing condition within such final map;
b) to make such vacated property available for public parking;
c) to register with the Public Works Department to establish a private off-street parking meter program on such property in accordance with County Code Section 46-14, to the satisfaction of the Director of the Public Works Department; and
d) to pay the County the net revenues, if any, received from such off-street parking program after deducting costs associated with (i) maintaining and operating such parking program, (ii) maintaining in good repair all improvements within Site-A, -B/B1, and –C on onsite sidewalks adjacent to public rights of way, and onsite street parking areas adjacent to public rights of way; and (iii) maintaining in good repair all improvements within Boulevard Way that are required to be maintain by the Applicant. Net revenues paid to the County shall be held in a trust account for the benefit of and for use within the Saranap Community, as is deemed appropriate by the County.
Development Agreement: Staff also recommends that minor changes be made to the proposed Development Agreement. The recommended changes are intended to further clarify rights granted under any approval or subsequent approval of the project (Section 2.08), and to clarify the intended use and timing of submittal for the Developer Funding Obligation (Article III). These proposed changes have been incorporated into the proposed Development Agreement document and are shown in strikethrough and double-underlined text.
ENVIRONMENTAL REVIEW
The Department of Conservation and Development, Community Development Division (CDD) determined that an Environmental Impact Report (EIR) was required for the project, and distributed a Notice of Preparation (NOP) on March 19, 2014. The DEIR was released for public review on September 18, 2014, and was available for public review and comment for a period of 60 days, through November 17, 2014. A public hearing to receive comments on the DEIR was held before the Zoning Administrator on November 3, 2014.
In response to comments received during the public comment period for the DEIR, the applicant submitted a plan for a smaller project known as the “Mitigated Plan Alternative” (MPA). On July 24, 2015, the CDD published an NOP indicating the intent to prepare an RDEIR analyzing the MPA and addressing additional issues. The RDEIR was released for public review on May 5, 2016, and a public hearing before the Zoning Administrator was held on June 20, 2016 to receive oral comments.
The Final EIR was published and distributed on June 16, 2017. The EIR identifies potentially significant environmental impacts that would occur if the project is implemented, and recommends mitigation measures that would reduce all of the potentially significant impacts to less than significant levels. All recommended mitigation measures are included within a Mitigation Monitoring and Reporting Plan, which describes the timing and responsibility for monitoring compliance with all mitigation measures. All mitigation measures have been included in the recommended conditions of approval.
COUNTY PLANNING COMMISSION HEARING AND DECISION OF JUNE 28, 2017
The project was heard before the County Planning Commission on June 28, 2017. During the public hearing, testimony was accepted from the applicant and members of the public. Based on the accepted oral and written testimony along with the project analysis provided by County staff, the County Planning Commission passed a motion to approve the subdivision (#SD13-9359), land use permit, and tree permit elements of the project; and provide recommendations for the remaining project elements that require approval of the County Board of Supervisors. The motion included an adoption of additional project findings, additional conditions of approval, and minor text edits which have been included in the Planning Commission Resolution (#12-2017) and recommended conditions of approval attached to this Board Order.
CONSEQUENCE OF NEGATIVE ACTION:
In the event that the proposed project is not approved, the applicant will not obtain the required General Plan Amendment, Rezoning, and Development Plan entitlements needed to allow the proposed Saranap Village Mixed-Use Project. However, it should be noted that the County Planning Commission has approved the proposed Vesting Tentative Map (County File #SD13-9359). Therefore, the project site could be subdivided into three separate parcels.
CHILDREN'S IMPACT STATEMENT:
This application is a request for approval of a General Plan Amendment, Rezoning, and Development Plan entitlements to allow the establishment of a mixed-use development. Due to the number of proposed residential units within the development, an increased demand for childcare and public school services will occur once the units are established. A childcare study for the project found that the surrounding Lafayette and Walnut Creek areas have a substantial base of existing childcare facilities that have ample vacancies to accommodate the anticipated increase in children needing childcare. In addition, the applicant would be required to comply with Senate Bill (SB) 50, which fully mitigates the potential effect of new student population that may be generated by the project on public school facilities.
CLERK'S ADDENDUM
Speakers: David Kinkead, resident of Walnut Creek; Jennifer Russell, Saranap Homeowners Association;Rachel Hand, resident of Walnut Creek; Martha Breed, resident of Walnut Creek; Cherie Plumlee, resident of Walnut Creek; Charles Huddleston, resident of Walnut Creek; Ira Dettrick, resident of Walnut Creek; Sharon Lyons, resident of Walnut Creek; LIsa Vorderbrueggen, BIA Bay Area; Pascal Kaplan, resident of Walnut Creek; Victoria Merriman, resident of Walnut Creek; Teri Day, resident of Walnut Creek; Luke Van Der Weshatyzen, resident of Walnut Creek; Julia Skiff, resident of Walnut Creek; J. David Dacus, Saranap Community Association; Patti Chochran, resident of Walnut Creek; June Sardella, resident of Walnut Creek; Joe Shetto, Local 104; Tom Lawson, Plumbers Local 159; Barbara Boyan, resident of Walnut Creek; Mary Brooks, Chamber of Walnut Creek; Gary Conner, resident of Walnut Creek; Brad Smith, resident of Walnut Creek; Bob Holcomb, resident of Walnut Creek; Michele Manzone, ECAR; Tim Lynch, Saranap Homeowners Organization; Fred Brunswig, resident of Walnut Creek; Lorraine Granit, resident of Walnut Creek; Benjamin Wells, resident of Walnut Creek; Ryan Burkley, resident of Walnut Creek; Ken Hastins, resident of Walnut Creek; Pete Bennett; Dick Watson, resident of Walnut Creek; Herrold Ulmer, resident of Walnut Creek; Jeanne Kerr, resident of Walnut Creek; Maggie Hartnell, resident of Walnut Creek.
CLOSED the public hearing; CERTIFIED the Environmental Impact Report; SPECIFIED that the Department of Conservation and Development is the custodian of the documents and other materials that constitute the record of proceedings upon which the Project is based; ADOPTED the Project Findings; ADOPTED the Mitigation Monitoring and Reporting Program (MMRP); APPROVED the Conditions of Approval for the Project; APPROVED the General Plan Amendments and associated General Plan text amendments; ACCEPTED into the record and ADOPTED the Planned Unit (P-1) Rezoning Ordinance 2017-21 and associated variance; APPROVED the Preliminary and Final Development Plan for the project; ADOPTED Ordinance No. 2017-20, approving the Development Agreement between Contra Costa County and Saranap Village Developers, LLC, for the Project; ACKNOWLEDGED that the County Planning Commission approved the Vesting Tentative Map for the project, and approved the Land Use Permit and Tree Permit entitlements for the Project, and no appeal of these approvals was filed; and DIRECTED the Department of Conservation and Development to file and post a Notice of Determination with the County Clerk.