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HomeMy WebLinkAboutMINUTES - 08162011 - C.68RECOMMENDATION(S): 1. AUTHORIZE a General Plan Amendment study for Assessor Parcel Nos. 099-210-014/015/016/017/018, located at Willow Pass Court in unincorporated Concord, to consider allowing multi-family residential uses within the Willow Pass Business Park Mixed Use (M-10) land use designation. 2. ACKNOWLEDGE that granting authorization for this request does not imply any support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. FISCAL IMPACT: None. If authorization is granted the applicant shall pay fees to cover the cost for a General Plan Amendment study. BACKGROUND: The Department of Conservation and Development is in receipt of a request APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/16/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Roche, 925-952-4739 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: August 16, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.68 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:August 16, 2011 Contra Costa County Subject:GPA Study Authorization for Willow Pass Business Park BACKGROUND: (CONT'D) from Reed Onate, Vice President, New Urban Communities Partners, LLC, on behalf of the owner of Assessor Parcel Nos. 099-210-014/015/016/017/018, doing business as Thomas/DeNova, LLC., for a General Plan Amendment study involving the Willow Pass Business Park located at Willow Pass Court in unincorporated Concord. The General Plan Amendment study request involves amending the M-10, Willow Pass Business Park Mixed Use designation, to allow for multi-family residential use on a 14.5 acre site within the business park. The subject site is currently designated M-10, Willow Park Business Park Mixed Use under the Land Use Element Map to the Contra Costa County General Plan, 2005-2020, and it is located entirely within the Urban Limit Line. The zoning for the subject site is zoned under a P-1, Planned Unit District established for the business park. See Exhibit “A” for a copy of a July 29, 2011 letter from Mr. Onate requesting the General Plan Amendment study authorization. The Willow Pass Business Park was approved by the County in March 2006 when a General Plan Amendment, Rezoning, Development Plan, and Subdivision Map were approved to establish a business park with a mix of retail commercial, office, and light industrial uses on a 67-acre site located at the intersection of Willow Pass Road and Evora Road in an unincorporated area of Concord. As explained in Mr. Onate’s 7/29/2011 letter, NUCP has invested heavily in grading and infrastructure improvements to support development of the business park, but due to the negative effects of the recession and changing real estate market conditions they would like to expand the existing matrix of land uses within the business park to include multi-family residential use. More specifically, they would like to develop a 196-unit apartment complex on a graded 14.5 acre portion of the business park, which is located in the southern portion of the business park bounded by Willow Pass Court, Willow Pass Road, and Evora Road. The development of a 196-unit apartment complex on 14.5 acres of the business park would roughly equate to a density of 13.5 units to the acre, or the equivalent of the low end of the General Plan’s Multiple Family Residential – Medium Density designation (12.0 to 21.9 multiple family units per net acre). The site location, comprised of Assessor Parcel Nos. 099-210-014/015/016/017/018, the subject of the General Plan Amendment study authorization request, are depicted in the aerial photo maps, respectively, attached as Exhibits “B” and “C” to this report. Staff believes that the request for a General Plan Amendment study to consider allowing multi-family residential use under the Willow Pass Business Park Mixed Use (M-10) designation is reasonable, and recommends that the General Plan Amendment study be authorized. Staff does note, however, that potable water to the Willow Pass Business Park property is not currently provided by a municipal water service, but provided under a domestic water supply permit, approved by County Environmental Health as a non-transient non-community water system. Staff has reservations as to whether reliance on such a private water system is appropriate for the proposed 196-unit apartment complex, rather than connecting to a municipal water service, and believes that the General Plan Amendment study should closely examine the question of whether a private water system is appropriate for service to the proposed apartment complex. Authorization for this study, however, does not imply support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. Staff also calls to the Board's attention a letter recently received from the law firm of Miller Starr & Regalia on behalf of Sierra Pacific Properties, Inc. (SPPI). As explained in the attached letter (see Exhibit D), SPPI has property interests within the business park, and acquired their interests based on the understanding that within the business park the only permitted uses would range from retail commercial, office, and light industrial uses. They are concerned that including multi-family residential use would be incompatible with their property interests within the business park. Also, they question the advisability of the proposed apartment complex relying on the business park's private water system. Notwithstanding SPPI's concerns, staff still believes the General Plan Amendment study is merited and should proceed, but with the understanding that the concerns raised in the letter from Miller Starr & Regalia should be evaluated as part of the General Plan Amendment study. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speaker: Dave Sanson, on behalf of Thomas/DeNova, LLC. ATTACHMENTS Exhibit "A": GPA Study Authorization Request Letter, Reed Onate, NUCP, 7/29/2011 Exhibit "B" Aerial Photo Willow Pass Bus Park Exhibit "C" Willow Pass Bus Park- Gen Plan Exhibit "C" Willow Pass Bus Park Zoning Exhibit "D": Miller Starr & Regalia letter WILLOW PASS BUSINESS PARK - PROPOSED APT. SITE Scale 1:2,512 Contra Costa County GIS Printed: Aug 10, 2011 3:38:46 PM WILLOW PASS BUSINESS PARK - GENERAL PLAN Scale 1:2,512 Contra Costa County GIS Printed: Aug 10, 2011 3:44:02 PM 1331 N. California Blvd. Fifth Floor Walnut Creek, CA 94596 T 925 935 9400 F 925 933 4126 www.msrlegal.com Wilson F. Wendt wilson.wendt@msrlegal.com SPPI\49576\849757.2 Offices: Walnut Creek / Palo Alto August 8, 2011 Mr. Patrick Roche Principal Planner Department of Conservation & Development 651 Pine Street North Wing, Fourth Floor Martinez, CA 94553-1229 Re: Opposition to Willow Pass Business Park, Thomas/DeNova General Plan Amendment Feasibility Request Dear Mr. Roche: Our office represents Sierra Pacific Properties, Inc. (“SPPI”), owners of an approximate 12,000 square foot office building located on Lots 8 and 9 in the Willow Pass Business Park (the “Park” or “Business Park”), along with Lots 10 and 11, consisting of 113,000 square feet of land area. The building on Lots 8 and 9 serves as the SPPI Corporate Headquarters, and Lots 10 and 11 are held for future office, business and commercial development. The lands were purchased in 2007, relying upon the premise that the Building Park uses would be protected in the future. SPPI chose this area as its headquarters and for future development because of the thorough planning of the County and the developers, Thomas/DeNova. This planning was implemented through private covenants, conditions and restrictions (“CC&Rs”), the development conditions established by the County and various goals and policies of the County General Plan. The Business Park is designed for a variety of office, retail, commercial and light industrial uses which, at full build-out, would contain 357,500 square feet. The Park is also subject to several layers of CC&Rs, agreements, further guaranteeing the quality and long-term integrity of the Business Park. The obvious intent of the current General Plan classification as Business Park and the accompanying zoning is to create and ensure an environment which will be compatible with and encouraging of job creation, free from the land use conflicts that nearby residential uses inevitably present. SPPI understands that recently a General Plan Amendment feasibility request has been submitted to the County seeking a modification of the General Plan land use classification to allow development of a new apartment project and green energy uses in the Business Park. The reason given is that the developer “has experienced the negative effects of this great recession and are unable to build out the property with the commercial uses originally envisioned.” SPPI sympathizes that the current Mr. Patrick Roche August 8, 2011 Page 2 SPPI\49576\849757.2 economic climate limits the viability of the approved uses for the Business Park and has the same issues with its own two lots held for development. However, the existing Business Park classification was instituted to protect employment generating uses and should not be changed due to current market conditions. A 196-unit apartment building with approximately 500 residents cannot be integrated into this isolated Business Park and will present insurmountable conflicts. There are issues with traffic, lack of proximity to residential city services, safety and monitoring an environment conducive to business, office and commercial activities. One of SPPI’s biggest concerns centers upon the private water system, which other owners and users in the Business Park will have to share. The submittal request includes a description of the water utilities. The system’s main supply are two private wells, with a supplemental system of raw water from the Contra Costa Water District canal. The raw water is subject to CCWD interruptions and drought, and cannot be considered a permanent reliable source, as the agreement with the CCWD states. Studies will be needed as to the use and availability of the water system before this matter is to be considered. Indeed, condition of approval 16b, applied to the original entitlement for the Business Park, envisions a possible disruption of the private water supply and, in that instance, requires development of a plan for an alternate source. Such a possibility with 500 residential users affected would be disastrous. SPPI is not the only business investor that would be affected by the proposed General Plan Amendment. The Business Park is home to approximately 15 businesses, most of which, like SPPI, purchased their buildings and property in reliance upon the existing land use restrictions. To allow apartment development will not only further devalue their investment, but also will create a severe conflict and undermine the viability of this Business Park. In this fragile economy the preservation of employment producing uses should be a paramount planning concern. It is our recommendation that the County decline to consider amending the General Plan to allow apartment development in the Willow Pass Business Park. Comments Mr. Patrick Roche August 8, 2011 Page 3 SPPI\49576\849757.2 on the proposed green energy uses will be withheld until more information is available. Very truly yours, MILLER STARR REGALIA Wilson F. Wendt Wilson F. Wendt WFW:jj cc: Chairperson Gayle B. Uilkema and Members of the Board of Supervisors 1331 N. California Blvd. Fifth Floor Walnut Creek, CA 94596 T 925 935 9400 F 925 933 4126 www.msrlegal.com Wilson F. Wendt wilson.wendt@msrlegal.com SPPI\49576\849757.2 Offices: Walnut Creek / Palo Alto August 8, 2011 Mr. Patrick Roche Principal Planner Department of Conservation & Development 651 Pine Street North Wing, Fourth Floor Martinez, CA 94553-1229 Re: Opposition to Willow Pass Business Park, Thomas/DeNova General Plan Amendment Feasibility Request Dear Mr. Roche: Our office represents Sierra Pacific Properties, Inc. (“SPPI”), owners of an approximate 12,000 square foot office building located on Lots 8 and 9 in the Willow Pass Business Park (the “Park” or “Business Park”), along with Lots 10 and 11, consisting of 113,000 square feet of land area. The building on Lots 8 and 9 serves as the SPPI Corporate Headquarters, and Lots 10 and 11 are held for future office, business and commercial development. The lands were purchased in 2007, relying upon the premise that the Building Park uses would be protected in the future. SPPI chose this area as its headquarters and for future development because of the thorough planning of the County and the developers, Thomas/DeNova. This planning was implemented through private covenants, conditions and restrictions (“CC&Rs”), the development conditions established by the County and various goals and policies of the County General Plan. The Business Park is designed for a variety of office, retail, commercial and light industrial uses which, at full build-out, would contain 357,500 square feet. The Park is also subject to several layers of CC&Rs, agreements, further guaranteeing the quality and long-term integrity of the Business Park. The obvious intent of the current General Plan classification as Business Park and the accompanying zoning is to create and ensure an environment which will be compatible with and encouraging of job creation, free from the land use conflicts that nearby residential uses inevitably present. SPPI understands that recently a General Plan Amendment feasibility request has been submitted to the County seeking a modification of the General Plan land use classification to allow development of a new apartment project and green energy uses in the Business Park. The reason given is that the developer “has experienced the negative effects of this great recession and are unable to build out the property with the commercial uses originally envisioned.” SPPI sympathizes that the current Mr. Patrick Roche August 8, 2011 Page 2 SPPI\49576\849757.2 economic climate limits the viability of the approved uses for the Business Park and has the same issues with its own two lots held for development. However, the existing Business Park classification was instituted to protect employment generating uses and should not be changed due to current market conditions. A 196-unit apartment building with approximately 500 residents cannot be integrated into this isolated Business Park and will present insurmountable conflicts. There are issues with traffic, lack of proximity to residential city services, safety and monitoring an environment conducive to business, office and commercial activities. One of SPPI’s biggest concerns centers upon the private water system, which other owners and users in the Business Park will have to share. The submittal request includes a description of the water utilities. The system’s main supply are two private wells, with a supplemental system of raw water from the Contra Costa Water District canal. The raw water is subject to CCWD interruptions and drought, and cannot be considered a permanent reliable source, as the agreement with the CCWD states. Studies will be needed as to the use and availability of the water system before this matter is to be considered. Indeed, condition of approval 16b, applied to the original entitlement for the Business Park, envisions a possible disruption of the private water supply and, in that instance, requires development of a plan for an alternate source. Such a possibility with 500 residential users affected would be disastrous. SPPI is not the only business investor that would be affected by the proposed General Plan Amendment. The Business Park is home to approximately 15 businesses, most of which, like SPPI, purchased their buildings and property in reliance upon the existing land use restrictions. To allow apartment development will not only further devalue their investment, but also will create a severe conflict and undermine the viability of this Business Park. In this fragile economy the preservation of employment producing uses should be a paramount planning concern. It is our recommendation that the County decline to consider amending the General Plan to allow apartment development in the Willow Pass Business Park. Comments Mr. Patrick Roche August 8, 2011 Page 3 SPPI\49576\849757.2 on the proposed green energy uses will be withheld until more information is available. Very truly yours, MILLER STARR REGALIA Wilson F. Wendt Wilson F. Wendt WFW:jj cc: Chairperson Gayle B. Uilkema and Members of the Board of Supervisors