HomeMy WebLinkAboutMINUTES - 06242003 - D.3 bo
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TO: BOARD OF SUPERVISORS .; :. :=....,;
' Contra
FROM: DENNIS M. BARRY, AICP "'; Costa
COMMUNITY DEVELOPMENT DIRECTOR ''� ,..�'~ County
DATE: JUNE 24, 2003
SUBJECT: MONTALVIN MANOR MIXED USE GENERAL PLAN AMENDMENT,CONTRA COSTA
COUNTY REDEVELOPMENT AGENCY (COUNTY FILE: GP#02-0004
)
{SUPERVISORIAL DISTRICTS I AND 11}
SPECIFIC REQUEST(S) OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN the public hearing and receive testimony on the Montalvin Manor Mixed Use General Plan
Amendment (County File: GP#02-0004);
2 . CLOSE the public hearing;
3. DETERMINE that the Final Environmental Impact Report (SCH#20021022117) prepared for the
Montalvin Manor Redevelopment Plan, certified on June 17, 2003 by the Board of Supervisors and
the Redevelopment Agency, including the Mitigation Monitoring Program and Statement of
Overriding Considerations,which considered mixed use development potential on the two sites that
are the subject of this General Plan Amendment, provides adequate and complete CEQA review,
and that the Board has considered the contents of the report prior to making a decision on the
Montalvin Manor Mixed Use General Plan Amendment (County File: GP02-0004);
4. CONSIDER recommendation of the County Planning Commission as contained in CPC Resolution
No. 19-2003;
5. APPROVE the Montalvin Manor Mixed Use General Plan Amendment(County File: GP#02-0004);
6. INCLUDE the adoption of this General Plan Amendment as the second consolidated General Pian
Amendment for 2003.
CONTINUED ON ATTACHMENT: X YES SIGNATURE •
RECOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMM LTTE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON June 24, 2003 APPROVED AS RECOMMENDED ,X OTHEF9&_
**See attached addendun for Board action**
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENTNOne } CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
*District III Seat VACANT*
• w r
Contact: Patrick Roche,CDD-APD 925-335-1242 ATTESTED
cc: Contra Costa County Redevelopment Agency JOHN SWEETEN, CLERK F THE BOARD OF
Clerk of the Board SUPERVISORS AND COUNTY ADMININISTRATOR
CAO
County Counsel
By , DEPUTY
June 24,2003
Board of Supervisors
File#GP#02-0004, Montalvin Manor Mixed Use General Plan Amendment
Page 2
FISCAL IMPACT
None. All staff costs for the General Plan Amendment are covered as part of the Montalvin Manor
Redevelopment Plan adoption process.
BACKGROUND/REASONS FOR RECOMMENDATION
The Contra Costa County Redevelopment Agency is proposing to amend the Land Use Element to the
Contra Costa County General Plan (1995-2010)to promote mixed use development on two sites within
the recently adopted Montalvin Manor Redevelopment Project at Tara Hills Drive and San Pablo Avenue
at the following locations:
• Site#1:Assessor Parcel Number 403-030-005,a vacant site of approximate 13 acres located at
the northeast intersection of Tara Hills Drive and San Pablo Avenue, would be re-designated
from Multiple Family Residential -- Medium Density(MM)to Mixed Use (MU); and,
• Site#2:Assessor Parcel Number 403-202-011/012,a 3 acre site located at the southeast corner
of Tara Hills Drive and San Pablo Avenue, would be re-designated from Commercial (CO) to
Mixed Use (MU).
The County Planning Commission conducted a noticed public hearing on June 3, 2004 on both the
proposed Redevelopment Plan and the focused General Plan Amendment for the subject sites. After
receiving public testimony, the County Planning Commission adopted Resolution No. 19-2003 which
includes recommendations to the Board of Supervisors to adopt the Redevelopment Plan and the
Montalvin Manor Mixed Use General Plan Amendment (County File: GP#02-0004), as more fully
described in Exhibit "D" to the June 3, 2003 staff report and recommendation to the County Planning
Commission.
The Contra Costa County General Plan(1995-2010)utilizes the"Mixed Use"(MU)land use designation at
several locations in the unincorporated area to provide for the integration in a single project of both
residential and commercial uses.As more fully described in the Exhibit"D"to the June 3 staff report and
recommendation to the County Planning Commission, a range of neighborhood oriented retail
commercial/office uses and residential uses would be allowed under the Mixed Use designation for the
subject sites to stimulate the upgrading and redevelopment in the Montalvin Manor area. The County
Planning Commission recommends the following changes to the Land Use Element map and the addition
of new text under the heading "Mixed Uses", at pages 3-31 to 3-33 in the Land Use Element:
• Site#1 (Assessor Parcel Number 403-030-005),a vacant site of approximately 13 acres located
at the northeast intersection of Tara Hills Drive and San Pablo Avenue,would be re-designated
from Multiple Family Residential — Medium Density (MM) to Mixed Use (MU). The mixed use
designation is intended to encourage the mix of both residential and neighborhood retail uses on
this site. Residential uses could include a range of multi-family or single-family residential uses,
including but not limited to a mobilehome park and senior housing. As a general guide the
permitted density for multi-family residential development on this site should be within the range
of 12 to 20.9 units to the acre, comparable to the Multiple Family Residential--Medium Density
(MM)designation under the General Pian. It is acknowledged that the site is bisected by Garrity
Creek a riparian corridor that presents potential constraints to site development which may further
limit development density.To the extent feasible,the development of neighborhood retail on the
site should be oriented toward San Pablo Avenue.
June 24,2003
Board of Supervisors
File#GP#02-0004,Montalvin Manor Mixed Use General Plan Amendment
Page 3
• Site #2 (Assessor Parcel Numbers 403-202-011/012), a combined 3 acre site located at the
southeast corner of Tara Hills Drive and San Pablo Avenue, would be re-designated from
Commercial (CO)to Mixed Use (MU). The mixed use designation is intended to encourage the
mix of both residential and neighborhood retail uses on this site. Residential uses could include a
range of multi-family or single-family residential uses. As a general guide the permitted density
for multi-family residential development on this site should be within the range of 7.3 to 11.9 units
to the acre,comparable to the Multiple Family Residential—Low Density(ML)designation under
the General Plan. To the extent feasible, the development of neighborhood retail on the site
should be oriented toward San Pablo Avenue.
LIST OF ATTACHMENTS (4)
ATTACHMENT 1: COUNTY PLANNING COMMISSION
RESOLUTION NO. 19-2002
ATTACHMENT 2: DRAFT BOARD OF SUPERVISORS RESOLUTION
ATTACHMENT 3: REPORT AND RECOMMENDATION TO THE COUNTY PLANNING COMMISSION,
TUESDAY, JUNE 312003
ATTACHMENT 4: NOTICE OF PUBLIC HEARING AND HEARING NOTICE MAILING LIST
GAAdvance Planning\adv-planftard Orders\MONTALVINMANORMXDGPAboard order.doc
ADDENDUM TO ITEM D.3
June 24, 2003
The Board of Supervisors considered the Montalvin Manor Mixed General Plan
Amendment. (County File #GP02-0004).
Pat Roche, Community Development Department, presented the staff report and
recommendations. Mr. Roche advised the Board of an error on page 3, Attachment
I should read County Planning Commission Resolution No. 19-2003, instead of
19-2002.
The Board then discussed the matter. Supervisor Gioia and Uilkema requested the
following language to be incorporated in Exhibit "D" in both paragraphs:
"As a general guide the permitted density for single family residential
development on this site should be comparable to the single family high
designation in the range of 6,000 to 7,000 square foot lots."
The Chair then opened the public hearing and the following person presented
testimony:
Andrew Blaver, PMMC, 1033 Gayley Avenue, #200, Los Angeles.
The public hearing was closed and the chair returned the matter to the Board for
further discussion.
Supervisor Gioia moved staff s recommendations as amended incorporating
language in Exhibit "D". Supervisor Uilkema second the motion and the Board
took the following action:
CLOSED the public hearing;
DETERMINED that the Final Environmental Impact Report
(SCH#2002102211'n prepared for the Montalvin Manor Redevelopment Plan,
certified on June 17, 2003 by the Board of Supervisors and the Redevelopment
Agency, including the Mitigation Monitoring Program and Statement of
Overriding Considerations,which considered mixed use development
potential on the two sites that are subject of this General Plan Amendment,
provides adequate and complete CEQA review, and that the Board has
considered the contents of the report prior to making a decision on the
Montalvin Manor Mixed Use General Plan Amendment (County file: GP02-
0004);
ACCEPTED the recommendation of the County Planning Commission as
contained in CPC Resolution No. 19-2003;
APPROVED the Montalvin Manor Mixed Use General Plan Amendment
(County File #GP02-004);
INCLUDED the adoption of this General Plan Amendment as the second
consolidated General Plan Amendment for 2003.
RECOMMENDED following language be incorporated for both sides of the
Redevelopment Agency Project to read (to be inserted in both paragraphs) "as
a general guide the permitted density for single family residential
development on this site shall be comparable to the single family high
designation in the range of 6,000 to 7,000 square foot lots".
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA
ADOPTED this resolution on June 24,2003 by the following vote:
AYES: Supervisors Gioia, Uilkema, Glb'vmr and DeSaulnier
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
**District III Seat VACANT**
RESOLUTION NO.2003/789
SUBJECT: Montalvin Manor Mixed Use General Plan Amendment
Tara Hills Drive/San Pablo Avenue,
Montalvin Manor Redevelopment Project area
Contra Costa County Redevelopment Agency
County File:GP#02-0004
The Board of Supervisors of Contra Costa County RESOLVES that:
There is filed with the Board of Supervisors and its Clerk a copy of Resolution No. 19-2003 adopted by
the County Planning Commission which discusses the Montalvin Manor Mixed Use General Plan Amendment
(County File:GP#02-(3004).
On Tuesday, June 24, 2003, the Board of Supervisors held a public hearing on said General Plan
Amendment discussed by County Planning Commission(CPC)Resolution No. 19-2003. Notice of said hearing
was duly given in the manner required by law. The Board at a hearing, called for testimony of all persons
interested in this matter.
On Tuesday, June 24, 2003, the Board considered the contents of the Final Environmental Impact
Report (SCH#20021022117) prepared for the Montalvin Manor Redevelopment Project, including the
Mitigation Monitoring Program and Statement of Overriding Considerations,which was previously certified by
the Board on June 17, 2003, prior to making a decision on the Montalvin Manor Mixed Use General Plan
Amendment (County File: GP#02-0004), and determined that this report provides adequate and complete
CEQA review for this General Plan Amendment because it evaluated the mixed use development potential on
the two sites that are the subject of this General Plan Amendment.
On Tuesday, June 24, 2003, the Board APPROVED the Montalvin Manor Mixed Use General Plan
Amendment (County File: GP#02-0004), as recommended by the County Planning Commission in CPC
Resolution No. 19-2003, which included recommendations to the Board to adopt the Montalvin Manor
Redevelopment Plan and the Montalvin Manor Mixed Use General Plan Amendment(as more fully described
in Exhibit"D" to the June 3, 2003 staff report and recommendation to the County Planning Commission)and
directed the General Plan Amendment, and map changes, be included in the second consolidated General
Plan Amendment for 2003 as allowed by State Planning Law.
Contact:P.Roche,Adv.Planning,CDD(335-1242) 1 hereby certify that the foregoing is a true and
correct copy of an action taken and entered on the
cc: Contra Costa County Redevelopment Agency minutes of the Board of Supervisors on the date
Community Development Department shown.
CAO Jum 24, 2003
County Counsel ATTESTED:
John Sweeten,Clerk of the Board of
Supervisors and County
Administrator
By:
Deputy
RESOLUTION NO.2003/ 789
GAA&mve Ptw"r4W&.,Man%R"*AmmBOARDRESGP#02-0004.doe
ATTACHMENT 1
COUNTY PLANNING COMMISSION
RESOLUTION NO. 19-2002
Resolution No.19-2003
A RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA,STATE OF CALIFORNIA,RECOMMENDING TO THE BOARD OF
SUPERVISORS AND THE REDEVELOPMENT AGENCY OF THE COUNTY OF CONTRA
COSTA ADOPTION OF THE MONTALVIN MANOR REDEVELOPMENT PLAN,
MONTALVIN MANOR MIXED USE GENERAL PLAN AMENDMENT(COUNTY FILE:
#02-0004)IN THE PROJECT AREA,AND MAKING VARIOUS FINDINGS IN
CONNECTION WITH SUCH RECOMMENDATIONS.
WHEREAS,The Redevelopment Agency of the County of Contra Costa(the"Agency")
has submitted to the Contra.Costa County Planning Commission(the"Planning Commission")
the proposed Redevelopment Plan for the Montalvin Manor Redevelopment Project(the"Plan");
and
WHEREAS,the Planning Commission previously formulated and adopted the
Preliminary Plan for the Contra Costa County Redevelopment Project,upon which the final Plan
is based;and
WHEREAS,Section 33346 of the Community Redevelopment Law(Health and Safety
Code,Section 33000 et seq.)provides that the Planning Commission is to review the proposed
Plan and make its report and recommendation thereon to the Agency and the Contra Costa
County Board of Supervisors(the"Board"),including a determination whether the Plan
conforms to the General Plan of the County of Contra Costa;and
WHEREAS,Section 65402 of the Government Code provides in part:
"(a) If a general plan or part thereof has been adopted,no real property shall be
acquired by dedication or otherwise for street,square,park or other public
purposes,and no real property shall be disposed of,no street shall be
vacated or abandoned,and no public building or structure shall be
constructed or authorized,if the adopted general plan or part thereof
applies thereto,until the location,purpose and extent of such acquisition
or disposition,such street vacation or abandonment,or such public
building or structure have been submitted to and reported upon by the
planning agency as to conformity with said adopted general plan or part
thereof..."
WHEREAS,the above required report and recommendation,including matters referred to
in Section 33346 of the Health and Safety Code and Section 65402 of the Government Code,are
to be made to the Agency and the Board for their consideration in acting on the adoption of the
Plan;and
WHEREAS,the Planning Commission has considered the proposed Plan,the Draft
Environmental Impact Report on the Plan(the"EIR"),the Report on the Plan,the General Plan
of the County(the"General Plan"),and other pertinent reports and documents;and
WHEREAS,Part V of the Plan incorporates the General Plan land uses,land use
standards,development criteria,and Sections 2.3 and 3.9 of the Draft EIR on the Plan,and.the
staff report accompanying this Resolution discusses the Plan's conformity to the General Plan.
NOW THEREFORE,THE PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA DOES RESOLVE,DECLARE,DETERMINE AND RECOMM=END AS
FOLLOWS:
Section 1. Findinpas. The Planning Commission hereby finds and determines that:
(a) all required public notices have been given in connection with the actions
set forth in this Resolution,
GAAdvance Planning\adv-planWontalvin Resolutlon.DOC
(b) the Planning Commission has considered the EIR in making its
recommendations to the Board and Agency,
(c) pursuant to Section 33346 of the Community Redevelopment Law,the
proposed Plan conforms to the General Plan,
(d) pursuant to Section 65402 of the Government Code,with respect to public
activities which may be undertaken pursuant to the Plan and that are referred to in Section
65402,such activities and undertakings conform to the General Plan.
Section 2. Report and Recommendation. The Planning Conuffission hereby reports
to the Agency and the Board the findings referred to in Section I above,and recommends the
approval and adoption of the Plan as submitted by the Agency with the following
recommendations:
(A) certification of the Environmental Impact Report and Mitigation
Monitoring Pro"grain,
(b) adoption of the Montalvin Manor Redevelopment Plan,
(c) that the Board of Supervisors adopt an implementation plan that includes
an enumeration of actions and programs that are allowed to be funded by the redevelopment tax
increment funds available to the Redevelopment Agency with strongly expressed preferences for
the projects that provide,facilitate and ensure the:
(1) installation of sidewalks where none now exist,
(2) increase of public safety to include,but not be limited to,the safety
of children as they transit to and from schools,and after school
activities,
(3) pedestrian safety,
(4) improvements to area school facilities,particularly health safety
improvements including,but not limited to asbestos removal,
(5) reconstruction of roads and sidewalks
(6) increase of fire safety such as Class A roofs,electrical system
safety and smoke alarms,
(7) home revitalization/rehabilitation funding(such as loans and
grants),
(8) economic development,
(9) water and sewer infrastructure improvements,,and
(10) improvements,from the resident's view,to traffic conditions.
The County Planning Commission further recommends that:
(11) no funding maybe used for the projects in the Mixed Use area as
described in Section 3 below,without prior approval of the Board
of Supervisors and the Redevelopment Agency and
(12) a residence must be vacant for six months or longer before eminent
domain proceedings may commence.
In the event that prior to its adoption of the Plan,the Board desires to make any minor,
technical.,or clarifying changes to the Plan,the Planning Commission hereby finds and
determines that any such minor,technical,or clarifying changes need not be referred to it for
further report and recommendation,and hereby waives its report and recominendation under
Section 33347 of the Community Redevelopment Law concerning any such change.
Section 3. General Plan Amendment. The Planning Commission recommends the
approval of the Montalvin Manor Mixed Use General Plan Amendment(County File:GP#02-
0004)to re-designate two sites to the Mixed Use designation within the proposed Montalvin
Manor Redevelopment Project Area,one site approximately 13 acres located at the northeast
comer of Tara Hills Drive and San Pablo Avenue from the Multi-Family Residential-Medium
Density(MM)to Mixed Use,and one site approximately 3 acres located at the southeast corner
of Tara Hills Drive and San Pablo Avenue from Commercial.(CO)to Mixed Use.This
GAAdvance PlanningNadv-planWontalvin Resolution.DOC
recomm endation on the Montalvin Manor Mixed Use General Plan Amendment is more fully
described in the June 3,2003 Staff Report and Recommendations to the County Platining
Commission,as specifically proposed under Exhibit"D"to the June 3,2003 report which
includes the new text under the heading"Mixed Uses",at pages 3-31 to 3-33 to the Land Use
Element and the change to the Land Use Element map,Contra Costa County General Plan
(1995-2010),and is incorporated by reference herein.
Section 4. Transmittal. The Planning Commission's Secretary shall transmit a copy
of this Resolution to the Agency and the Board for consideration as part of the Agency's Report
on the Plan pursuant to Section 333.52 of the Community Redevelopment Law,and this
Resolution shall be deemed the report and recommendation of the Planning Commission
concerning the proposed Plan and contemplated public projects and activities thereunder,as
required by applicable provisions of law.
NOW.,THEREFORE,BE IT RESOLVED that the instructions by the Planning
Commission tw*epare this resolution were given by motion of the County Planning
Commission on Tuesday,June 3,2003,by the following vote:
AYES: Clark,Battaglia,Gaddis,Hanecak,Mchlman,Terrell and Wong
NOES: None
ABSENT: None
ABSTAIN: None
Hyman Wong,
Chair of the County Planning Commission
County of Contra Costa,State of California
ATTEST:
DENNIS M.BARRY,Secret-al)
County Planning Commission
County of Contra Costa,
State of California
GAAdvance P1ann1ng\adv-p1an\Monta1vin Resolutlon.DOC
NOTICE OF PUBLIC]HEARING BEFORE THE CONTRA COSTA COUNTY BOARD
OF SUPERVISORS ON PLANNING MATTERS
MONTALVIN MANOR AREA
Notice is hereby given that on Tuesday, June 24, 2003, at 10:30 a.m., in the County
Administration Building,Board Chambers,651 Pine Street(Comer of Pine and Escobar Streets),
Martinez,California,the Contra Costa County Board of Supervisors will conduct a public hearing
to consider the following planning matter:
MONTALVIN MANOR,MD ED USE GENERAL PLAN AMENDMENT,
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY (CountyFile:
GP#02-0004):The Contra Costa County Redevelopment Agency is proposing to
amend the Land Use Element to the Contra Costa County General Plan(1995-
2010)to promote mixed use development on two sites at Tara Hills Drive and
San Pablo Avenue within the proposed Montalvin ManorRedevelopment Project
Area(Note:The Board of Supervisors will conduct a separate public hearing on
the adoption of the proposed Montalvin Manor Redevelopment Plan on Tuesday,
June 17,2003). The Contra Costa County General Plan(1995-2010)utilizes the
"Mixed Use" (MU) land use designation in several locations in the
unincorporated area to provide for the integration in a single project of both
residential and commercial uses. The proposed re-designation to Mixed Use
(MU)for Montalvin Manor would apply to two sites located at the intersection of
Tara Hills Drive and San Pablo Avenue, as follows: Site #1) Assessor Parcel
Number 403-030-005, a vacant site of approximate 13 acres located at the
northeast intersection of Tara Hills Drive and San Pablo Avenue, would be re-
designated from Multiple Family Residential—Medium Density(MM)to Mixed
Use(MU);and,Site#2)Assessor Parcel Number 403-202-011/012,a 3 acre site
located at the southeast comer of Tara Hills Drive and San Pablo Avenue,would
be re-designated from Commercial (CO) to Mixed Use (MU). A range of
neighborhood oriented retail commercial/office uses and residential uses would
be allowed under the Mixed Use designation for the subject sites to stimulate the
upgrading and redevelopment in the Montalvin Manor area. (CT:3640.01).
The location of the subject properties are within the unincorporated territory of the County of
Contra Costa,State of California,generally identified above(a more precise description may be
examined in the Office of Director of Community Development, County Administration
Building).
For the purposes of compliance with the provisions of the California Environmental Quality Act
(CEQA),an Environmental Impact Report(SCH#2002102117)has been prepared for this project.
If you challenge this matter in Court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in the notice,or in written correspondence.
Prior to the hearing, Community Development Department staff will be available on Tuesday,
June 24, 2003, at 9:00.a.m. in Room 108, Administration Building, 651 Pine Street, Martinez,
CA,to meet with any interested persons in order to(1)answer questions;(2)review the hearing
procedures used by the Board; (3) clarify the issues being considered by the Board; and, (4)
provide an opportunity to identify,resolve,or narrow any differences which remain in dispute. If
you wish to attend this meeting with staff,please call Patrick Roche,Community Development
Department, at (925) 335-1242 by 3:00 p.m. on Monday, June 23, 2003 to confirm your
participation.
0 go ,0e,k 00? 0
Date:June 11 2003 4�
C
JOHN SWEETEN,Clerk of the
Board of the Board of Supervisor and
County Administrator
BY:
R+aSENBERG EMILYJANE TRUST WONG DAVID&ROSIE LIVING PACIFIC MOBILE IV,L.P.
TRUST
777 FITCH STREET5222 HEAVENLY'RIDGE L�S�TE 1033 GAYI.,EY AVE.,#200
HEALDSBURG,CA 95448 EL SOB�TE CA 94843 LOS ANGELES,CA 90024
(APN:403-202-012) ':. (APN:403-030-005)
(APN:403-202-011)
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redevelopment Plan\montalvin manor mxd gpa owners
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Montalvin Manor Mixed Use
Tara Hills Drive / San Pablo Avenue
General Plan Amendment
GP#02-0004
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ATTACHMENT 4
NOTICE OF PUBLIC HEARING
AND
HEARING NOTICE MAILING LIST
ATTACHMENT 3
REPORT AND RECOMMENDATION
TO THE COUNTY PLANNING COMMISSION,
TUESDAY, JUNE 39 2003
Agenda Item# 2
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COlVIlVIISSION
TUESDAY,-JUNE 3, 2003, 7:00 P.M.
PUBLIC BEARING ON
PROPOSED MONTALVIN MANOR REDEVELOPMENT PROJECT,
County File: GP#02-0004
I. INTRODUCTION
PROPOSED MONTALVIN MANOR REDEVELOPMENT PROJECT,
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY (County File:
GP#02-0004):The Contra Costa County Redevelopment Agency is proposing to
(1) create the Montalvin Manor Redevelopment Project Area; (2) adopt a
Redevelopment Plan for the Project Area; and(3)amend the Land Use Element
to the County General Plan to promote mixed use development on selected
vacant parcels along San Pablo Avenue within the Project Area. The Project
Area is located in the unincorporated area of Contra Costa County., known as
Montalvin Manor, which is approximately one-half mile south of the City of
Pinole. The Project Area comprises approximately 211 acres and it is generally
bounded by Lettia Road on the north, Murphy Road on the east, San Pablo
Avenue on the south and Christine Drive and Kay Road on the east. (CT:
3640.01).
11. RECOMMENDATION
Consider a Resolution recommending to the Board of Supervisors and the
Redevelopment Agency of the County of Contra Costa the following actions: 1)
certification of an Environmental Impact Report and a mitigation monitoring
program; 2) adoption of the Montalvin Manor Redevelopment Plan; 3) a
General Plan Amendment for selected parcels within the Redevelopment Proj ect
Area; and, 4) various findings in connection with these recommendations.
See draft Resolution attached as Exhibit"A" to this report.
GENERAL INFORMATION
A. General Plan: The proposed Redevelopment Project Area is
predominantly comprised of residential land use designations under the
General Plan. These land use designations include an established
neighborhood with a Single Family Residential —High Density (SH), a
mobile home park that is designated as Multi-Family Residential—High
Density (ME) and land area that is vacant with a Multi-Family
Residential — Medium Density. After the residential land uses
designations, an elementary school under Public/Semi-Public. (PS) and
two park facilities (Montalvin Park and Montana Bay Park/Community
Center) under the Parks and Recreation (PR) designation make up the
next most sizeable General Plan land use categories. There are also
several parcels that front San Pablo Avenue which have Commercial
(CO) land use designations under the General Plan.
B. Zoning: The existing single family residential neighborhood in Montalvin
Manor, which is generally bounded by Madeline Road to the east,
Christine Drive to the south, and Bonnie Drive to the north., is zoned
under an R-6: Single Family-Residential District. The mobile home park
(also known as Tara Hills Mobile Home Park), which is generally
bounded by the BNSF railroad tracks to the west, San Pablo Avenue to
the east, and Tara Hills Drive to the north, is zoned under a T-1: Mobile
Home/ManufacturedBome Park District. The parcels fronting San Pablo
Avenue with the commercial use designation are zoned under the R-B:
Retail-Business District.
C. CEQA Status: An Environmental Impact Report ("EIB") has. been
prepared and the Draft EIR is included for the County Planning
Commission's review and consideration.
Do Regulatory Programs:
E. Previous Applications: On August 6, 2002, the Board-of Supervisors
adopted Resolution No. 2002/471 which designated a redevelopment
survey area for Montalvin Manor. On October 22, 2002, the County
Pi long Commission adopted Resolution No. 2002-30 adopting the
Preliminary Plan for the proposed Montalvin Manor Redevelopment
Project Area which selected the Redevelopment Project Area boundaries.
2
N. PROJECT SETTING
The.proposed Montalvin Manor Redevelopment Project Area("Project Area")
is located in the unincorporated area of Contra Costa County, State of
California. Neighboring cities include San Pablo, Richmond and Pinole. The
Project Area is approximately 211 acres in size and is predominantly residential
with limited commercial and industrial uses. The area is generally bounded by
Lettia Road(Southern Pacific Railroad tracks)to the north,Murphy Road on the
east, San Pablo Avenue to the south and Christine Drive and Kay Road to the
west.
V. PROJECT DESCRIPTION
The Board of Supervisors is interested in pursuing redevelopment of the
proposed Project Area. The Project Area has experienced d an overall physical
and economic decline. Without local assistance through the tools of
redevelopment, these properties will continue to decline,increasing the existing
physical burden on the community, and further diminishing the economic
viability of the area.
Requirements for adopting and implementing redevelopment projects are
established in the California Community Redevelopment Law ("CRL"). The
Planning Commission's role in the redevelopment plan adoption process. is
prescribed by the CRL. The Commission is involved at several junctures during
the redevelopment plan adoption process.. Briefly,the PlanningCommission's
role in the adoption process is limited to: (1) confirming proposed project area
boundaries and approval of the preliminary plan; (2) upon transmittal of the
draft redevelopment plan by the Agency, consideration of the plan and a
determination of the redevelopment plan's.conformance with the General Plan;
and(3)if Contra Costa.County Redevelopment Agency("Agency").or Board of
Supervisors reduce proposed boundaries, those boundaries must be referred
back to the County Planning Commission for review and recommendation.
The County Planning g Commission previously adopted the Preliminary Plan for
the Project Area on which the final Plan is based on(CPC Resolution No.2002-
30).
Section 33346 of the CRL provides that the County Planning Commission is to
review the proposed Redevelopment Plan and make its report and
recommendation thereon to the Agency and the Board, including a
determination whether the Redevelopment Plan conforms to the Contra Costa
County General Plan,
VI. REVIEW AND RECOMMENDATION OF THE REDEVELOPMENT PLAN
The purpose, scope, and goals of the Redevelopment Plan are generally to: 1)
establish the Montalvin Manor Redevelopment Project; 2)alleviate and prevent
the recurrence of blighting conditions of the properties located Within the
boundaries of the Project Area which constitute physical and economic
liabilities requiring redevelopment in the interest of health, safety, and general
welfare of the community; and 3)promote revitalization of the Project Area.
The required contents of the proposed Redevelopment Plan are specifically
outlined by the CRL. .The proposed Redevelopment Plan is 'general in nature,
due to the fact that the life, of the Redevelopment Plan spans 30 years., and
provides the basic framework to guide the Agency in implementing the
proposed redevelopment program. The Redevelopment Plan provides that land
use in the Project Area will be based on the land uses contained in the General
Plan, as they now exist and Will exist in the future, to ensure that the proposed
Redevelopment Plan and General Plan will always be in conformance. The
proposed Redevelopment Plan provides a vehicle (tax increment financing) to
remove blighting conditions and to fund needed projects and programs. At this
time, specific development plans have not been prepared, and actual
construction will require further review and approvals.
VII. PROPOSED GENERAL, PLAN AMENDMENT - SELECTED PARCELS
ALONG SAN PABLO AVENUE
An objective of the Redevelopment Agency is . to promote mixed use
development on selected parcels along San Pablo Avenue that are within the
proposed Project Area. Two parcels at the intersection of San Pablo Avenue and
Tara Hills Drive appear to have attributes or characteristics that make it possible
to consider the integration of multi-family residential use with commercial use
under a mixed use development scenario.Each of site fronts San Pablo Avenue,
which is a key corridor that traverses West County from the City of El Cerrito to
4
the City of Hercules. Along several stretches of this corridor there is already a
mix of commercial and residential uses. Several of the cities along the corridor
have adopted formal policies or development strategies to promote mixed use
development on San Pablo Avenue,because this corridor is well served by bus
transit. The objective of focusing some mixed use development at the
intersection of San Pablo Avenue and Tara Hills Drive within the proposed
Redevelopment Plan would be in keeping with similar development strategies
adopted by the cities along the San Pablo Avenue corridor. ,
The Contra Costa County General Plan(1995-2010)utilizes a"Mixed Use"land
use designation in several locations in the unincorporated area,including along
Parker Avenue in Rodeo (designated on the Land Use Element Map as M1), at
the Pleasant Hill BART Station(M3), and along the Willow Pass Road Corridor
in Bay Point(M5). The purpose of the mixed use designation is to provide for
the integration in a single project of both residential/commercial uses. In the
mixed use category housing is specifically permitted but not required.
Attached as.Exhibit"D".tothis report is.a proposed amendment to,the Land Use
Element providing text for policies on mixed use development on the two sites
and a map illustrating the re-designation of the two site's from the Multiple
Family Residential-Medium Density (MM) and Commercial (CO) land use
designations to the Mixed Use(M)land use designation. The proposed General
Plan Amendment does not propose any specific development of either parcel,
and they could develop in a variety of ways in the future. It is acknowledged
that site constraints, market conditions, landowner interest, and other factors
would affect actual development on either parcel. The EIR has taken into
account the density of development that could occur in a mixed use development
scenario to analyze the potential impacts on the environment,and this evaluation
of the potential impacts has been undertaken on a programmatic level.
VIII. CONFORMANCE WITH THE COUNTY GENERAL PLAN
Contra Costa County adopted a General Plan in January 1991, and subsequently
in July 1996 adopted a General Plan reconsolidation, which is in fall
conformance with the State requirements for General Plans. As provided in Part
V., Land Use Regulation of the Redevelopment Plan, the permitted land uses,
land use standards, development goals, objectives and policies, and other
evaluation guidelines of the Redevelopment Plan are the same as the General
5
Plan. Additionally, Section V, C1. Land Use Map of the Redevelopment Plan
provides and shows that"the current General Plan land use designations, street
layout, open space areas and public use areas within the Project Area. The
specific types of uses and activities (including size, height, and number of
buildings and dwelling units)permitted or conditionally permitted in each land
use category mapped on the Land Use Map are those types of uses and activities
(including size,height and number of buildings and dwelling units)described in
the Zoning Ordinance consistent with the relevant land use category. The land
use shown on the Land Use Map are drawn from the Land Use Element of the
General Plan in effect as of the adoption of this Redevelopment Plan, and shall
be deemed to be automatically modified as the Land Use Element of the General
Plan may be revised from time to time m' order to maintain conformance of this
Redevelopment Plan with the General Plan, as provided in Sections A and B"of
the Redevelopment Plan. All provisions of the Zoning Ordinance, state and
local laws, codes and ordinances, as it now exists or amended,will be applicable
to developments in the Project Area.
0
The applicable County zoning and planning processes will have full effect and
continue to serves as the primary determinant for land use decisions in the
Project Area. The,same consideration and approval or disapproval process of
development applications,permits and other entitlements will be applied by the
Planning Commission,the Board of Supervisors,County departments,and other
County boards, commissions and agencies for properties within the Proj ect Area
that are subject to this Redevelopment Plan, as for properties outside the Project
Area that are not subject to this Redevelopment Plan.
Through appropriate future legislation, the Board of Supervisors.may amend
applicable County planning or building codes and standards to provide for
modified or streamlined processing of development applications within
redevelopment project areas or other special zones. Any amendment of the
County planning and building codes and standards will apply to the processing
of development applications in the Project Area.
This action will not in any way affect the General Plan as the Redevelopment
Plan provides for General Plan change from time to time. Therefore, the
Redevelopment Plan is in conformance with the General Plan.
6
X1. GROWTH MANAGEMENT CONSIDERATIONS
The public entities that serve the proposed Redevelopment Plan Area are:
Water East Bay Municipal Utility District
Sewer West County Wastewater District
Police Contra Costa County Sheriff Department
Local Parks County Service Area M-17
Regional Recreation East Bay Regional Park District
Fire Contra Costa Consolidated Fire Protection District
Schools (K-12) West Contra Costa County Unified School District
The proposed Redevelopment Plan Area is currently within all necessary public
service districts-and they have an obligation to provide service to the area. The
proposed Redevelopment Plan Area and focused General Plan Amendment
would not result in an increase in the local population and since the
Redevelopment Plan does not contemplate significant changes in land use there
would be little to no additional demand on existing public .services. The
adoption of Redevelopment Plan and focused General Plan Amendment on
parcels at San Pablo Avenue and Tara Hills Drive would not result in a violation
of growth management standards contained in the County General Plan. ��•
X. CEQA COMPLIANCE CONSIDERATIONS
The. provisions. of the California Environmental Quality Act ("CEQA") have
been complied with through the preparation of the EIR that addresses and
evaluates the potential effects of adopting and carrying out a Redevelopment
Plan and General Plan Amendment. Staff requests that the County Planning
Commission review and consider the EIR in forwarding a recommendation to
the Board of Supervisors.
See the Draft Environmental Impact Report attached as Exhibit "C" to this
report.
XI. COMMENTS FROM OTHER AGENCIES
To date, the only written comments received from other public agencies on the
proposed Redevelopment Plan were submitted in response to the release of the
Draft EIR. These public agencies *include:
• State.Clearinghouse, Governor's Office. of Planning and Research
• California Department of Transportation
• California Department of Toxic Substance Control
East Bay Municipal Utility District
Contra Costa.Mosquito and Vector Control District
The written comments on the Draft EIR received from these public agencies will
be responded to in the Final EIR.
Itis noted that the Project Area is located within the "Sphere of Influence" or,
SOI of the City of Pinole, and no comments have been received to date from the
City of Pinole. The SOI is a geographical boundary line established by Contra
Costa Local Agency Fon-nation Commission(LAFCO)that is generally the area
to which the applicable agency, in this case the City of Pinole, is expected to
eventually expand in terms of jurisdiction and responsibility for providing urban
services. While the City of Pinole may some day expand into Montalvin Manor,
planning and land use entitlement approvals for the Project Area would continue
as functions of the County, and the Board of Supervisors. To date, no
comments have been received by the County from the City of Pinole.
X11. STAFF CONSIDERATIONS AND CONCLUSIONS
The Redevelopment Plan is consistent with adopted plans and will benefit the
community of MontalvinManor. Staff recommends approval of the
Redevelopment Plan.
The focused General Plan Amendment at San Pablo Avenue and Tara Hills
Drive re-designating two sites from a Commercial (CO) to a Mixed Use (M)
designation would promote the integration of commercial uses and multi-family
residential development within the San Pablo Avenue corridor.
8
ATTACHMENTS
Exhibit "A". Draft Resolution No. 19-2003
Exhibit "B"'. Proposed Montalvin Manor Redevelopment Plan
Exhibit Draft Environmental Impact Report
Exhibit "D99: Proposed General Plan Amendment
Montalvin Manor Mixed Use
Tara Hills Dr./ San Pablo Avenue
County File: GP#02-0004
HAEI Sobrante Montalvin Manor Redevelopment Plan\cpc staff report for june 3 2003 on montalvin manor redevelopment doc
E)(=IT"A"
THE PLANNING COMMISSION OF CONTRA.COSTA COLNTY,CALIFORNIA
Adopted this Order on June 3,2003,the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Resolution No.: 19-2003
SUBJECT: A Resolution of the Planning Commission of the County of Contra Costa,State of
California,recommending to the Board of Supervisors and the Redevelopment
Agency of the County of Contra Costa certification of an Environmental Impact
Report,and adoption of the Montalvin Manor Redevelopment Plan,and making
various findings in connection with such recommendations.
The Contra Costa County Planning Commission RESOLVES THAT:
The Redevelopment Agency of the County of Contra Costa(the"Agency")has submitted
to the Contra Costa County Planning Commission.(the"Planning Commission")the proposed
Redevelopment Plan for the Montalvin Manor Redevelopment Project(the"Plan");and.
The Planning_Commission previously formulated and adopted the Preliminary Plan for
the Contra Costa County Redevelopment Project,upon which the final Plan is based;and
Section 33346 of the Community Redevelopment Law(Health and Safety Code,Section
33000 et seer.)provides that the Planning Commission is to review the proposed Plan and make
its report and recommendation thereon to the Agency and the Contra Costa County Board of
Supervisors(the"Board"),including a determination whether the Plan conforms to the General
Plan of the County of Contra Costa;and
Section 65402 of the Government Code provides in part:
"(a) If a general plan or part thereof has been adopted,no real property shall be
acquired by dedication or otherwise for street,square,park or other public
purposes,and no real property shall be disposed.of,no street shall be
vacated or abandoned,and no public building.or structure shall be
constructed or authorized,if the adopted general plan or part thereof
applies thereto,until the location,purpose and extent of such acquisition
or disposition,such street vacation or abandonment,or such public
building or structure have been submitted to and reported upon by the
planning agency as to conformity with said adopted general plan or part
thereof....""
"(c) A local agency shall not acquire real property for any of the purposes
specified in paragraph(a)nor dispose of any real property,nor construct
or authorize a public building or structure,in any county or city,if such
county or city has adopted a general plan or part thereof and such general
plan or part.thereof is applicable thereto,until the location,purpose and
extent of such acquisition,disposition,or such public building or structure
have been submitted to and reported upon by the planning agency having
jurisdiction,as to conformity-with said adopted general plan or part
thereof....";and
320N17\168713.1- �
.._ - .uw..,-"• ..,. -i. _ .. _.__ moi.'-L•- ... �r+.:i�'M.
EXEnIT"A"
The above required report and recommendation,including matters referred to in Section
33346 of the Health and Safety Code and Section 65402 of the Government Code,are to be
made to the Agency and the Board for their consideration in acting on the adoption of the Plan;
and
The Planning Commission has considered the proposed Plan,the Environmental Impact
Report on the Plan(the"EIR"),the Report on the Plan,the General Plan of the County(the
"General.Plan"),and other pertinent reports and documents;and
Part V of the Plan incorporate the General Plan land uses,land use standards,
development criteria,and Sections 2.3 and 3.9 of the Draft EIR on the Plan,and the staff report
accompanying this Resolution discuss the Plan's conformity to the General Plan.
NOW THEREFORE,TEE PLANNING CONDIISSION OF THE COUNTY OF
CONTRA COSTA DOES RESOLVE,DECLARE,DETEUAINE AND ORDER AS
FOLLOWS:
Section 1. Findings. The Planning Commission hereby finds and determines that:
(a) All required public notices have been given in connection with the actions
set forth in this Resolution,.
(b) The provisions of the California Environmental Quality Act("CEQA")for
this action have been complied with through preparation of the EIR..
(c) The Planning Commission recommends certification of the EIR by the
Board and Agency,
(d) Pursuant to Section 33346-of the Community Redevelopment Law,the
proposed Plan conforms to the General Plan.
(e) Pursuant to Section 65402.of the Government Code,with respect to public
activities which maybe undertaken pursuant to the Plan and that.are referred to in-Section
65402,such activities and undertgs conform to the General Plan.
Section 2.
Report and Recommendation. The Planning Commission hereby reports
to.the Agency and the Board the findings referred to in Section 1 above,and recommends the
approval and adoption of the Plan as submitted by the Agency. In the event that prior to its
adoption of the Plan,the Board desires to make any minor,technical,or clarifying changes to the
Plan,the Planning Commission hereby finds and determines that any such minor,technical,or
clarifying changes need not be referred to it for further report and recommendation,and hereby
waives its report and recommendation under Section 3334'7 of the Community Redevelopment
Law concerning any such change.
Section 3. Transmittal. The Planning Commission's Secretary shall transmit a copy ,
of this Resolution to the Agency and the Board for•consideration as part of the Agency's Report
on the Plan pursuant to Section 33352 of the Community Redevelopment Law,and this
Resolution shall be deemed the report and recommendation of the Planning Commission
concerning the proposed Plan and contemplated public Projects and activities thereunder,as
required by applicable provisions of law.
3201171188713.1
EXHIBIT "B"
PROPOSED MONTALVIN MANOR REDEVELOPMENT PLAN
t
REDEVELOPMENT PLAN FOR CONTRA COSTA COUNTY
MONTALVIN MANOR REDEVELOPMENT PROJECT AREA
Prepared by the
Redevelopment Agency of the County of Contra Costa
Adopted on ,2003,by Ordinance No.
320\1 711 64300.4
TABLE OF CONTENTS
Page
PARTI. INTRODUCTION...................................................................................................1
PART II. GENERAL DEFINITIONS.....................................................................................1
PART 111. PROJECT AREA BOUNDARIES ..........................................................................3
PART IV. REDEVELOPMENT GOALS AND OBJECTIVES ..............................................3
PART V. LAND USE REGULATIONS.................................................................................3
A. OVERVIEW OF REGULATIONS.........................................................................3
B. PERMITTED LAND USES ....................................................................................4
C. LAND USE MAP; PUBLIC RIGHTS OF WAY....................................................4
D. GENERAL CONTROLS AND LIMITATIONS....................................................5
E. ADOPTION OF ADDITIONAL STANDARDS FOR
DEVELOPMENT....................................................................................................7
F. BUILDING PERMITS ............................................................................................8
G. DWELLING UNITS................................................................................................8
H. AFFORDABLE HOUSING....................................................................................8
I. MITIGATION MEASURES ...................................................................................8
PART VI. REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN
OBJECTIVES ..........................................................................................................9
A. PUBLIC IMPROVEMENTS ...................................................................................9
B. PROPERTY ACQUISITION................................................................................to
C. PARTICIPATION BY OWNERS AND BUSINESS TENANTS ........................1 I
D. COOPERATION WITH PUBLIC BODIES .........................................................13
E. PROPERTY MANAGEMENT.............................................................................14
F. RELOCATION OF DISPLACED PERSONS AND BUSINESSES ....................14
G. DEMOLITION, CLEARANCE, AND SITE PREPARATION............................15
H. REHABILITATION AND MOVING OF STRUCTURES;
ASSISTANCE FOR CERTAIN PRIVATE IMPROVEMENTS ..........................15
I. REPLACEMENT DWELLING UNITS................................................................16
J. PROPERTY DISPOSITION AND DEVELOPMENT.........................................16
K. PREVENTION OF DISCRIMINATION..............................................................18
PART VII. METHODS FOR FINANCING THE PROJECT..................................................19
A. GENERAL PROVISIONS....................................................................................19
B. AFFORDABLE HOUSING FINANCING...........................................................20
C. TAX INCREMENTS.............................................................................................20
D. BONDS..................................................................................................................21
E. OTHER LOANS, GRANTS AND ADVANCES .................................................21
PART VIII. ACTIONS BY THE COUNTY .............................................................................22
PART IX. ENFORCEMENT..................................................................................................23
320\17\164300.4
TABLE OF CONTENTS
(continued)
p
PART X. DURATION OF THIS PLAN AND RELATED TIME LIMITS .........................23
PART XI. SEVERABILITY..................... ***-**so assooposo*so*$*go*&moss*.09&00 00*600 0 00000*8*.24
PART MI. PROCEDURE FOR AMENDMENT....................................................................24
PART XIII. AUTHORITY OF THE AGENCY........................................................................24
EXHIBIT A BOUNDARY MAPS
EXHIBIT B LEGAL DESCRIPTION
EXHIBIT C LAND USE MAP
EXHIBIT D INITIALLY PROPOSED ACTIONS AND PROJECTS
320\1 7\1 64300.4 it
REDEVELOPMENT PLAN FOR THE MONTALVIN MANOR
REDEVELOPMENT PROJECT AREA
PART I. INTRODUCTION
This is the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area
(the "Plan"). This Plan consists of text(Part I through Part XIII), Boundary Maps (Exhibit A), a
Legal Description(Exhibit B), a Land Use Map (Exhibit Q, and a list of Initially Proposed
Actions and Projects (Exhibit D).
This Plan has been prepared by the Redevelopment Agency of the County of Contra
Costa(the "Agency")pursuant to the Constitution of the State of California,the Community
Redevelopment Law of the State of California(the "Redevelopment Law"), and all applicable
laws and local ordinances.
The proposed redevelopment of the Montalvin Manor Redevelopment Project Area(the
"Project Area") as described in this Plan conforms to the General Plan for the County of Contra
Costa, as applied in accordance with local codes and ordinances. This Plan is based upon the
Preliminary Plan formulated and adopted by the Contra Costa County Planning Commission on
October 22,2002.
This Plan provides the Agency with powers, duties and obligations to implement the
program generally formulated in this Plan for the redevelopment, rehabilitation, and
revitalization of the Project Area. This Plan does not-present a specific plan or establish
priorities for specific projects for the redevelopment,rehabilitation, and revitalization of any
particular area within the Project Area. Instead,this Plan presents a process and a basic
framework within which specific development plans will be presented,priorities for specific
projects will be established, and specific solutions will be proposed, and by which tools are
provided to the Agency to fashion,develop, and proceed with such specific plans,projects, and
solutions.
Many of the requirements contained in this Plan are necessitated by and in accordance
with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions
may be changed from time to time. In the event that any such statutory changes affect this Plan's
terms., and would be applicable to the Agency, the Project Area, or this Plan,the terms of this
Plan that are so affected shall be automatically superseded by such statutory changes, to the
extent necessary to be in conformity with such statutory changes (and all other terms of the Plan
shall remain in full force and effect).
PART H. GENERAL DEFINITIONS
The definition of general terms contained in the Redevelopment Law shall govern,the
construction of this Plan,unless more specific terms and definitions therefore are otherwise
provided in this Plan. In addition, the following specific definitions are used in this Plan:
320\1 7\1 64300.4 1
A. "Agency" means the Redevelopment Agency of the County of Contra Costa,
California.
B. "Board of Supervisors" means the Board of Supervisors of the County of Contra
Costa, California.
C. "County" means the County of Contra Costa, California.
D. "General Plan" means the County of Contra Costa General Plan, as it now exists
or may hereafter be amended, and any specific plan applicable to all or portions of the Project
Area that may hereafter be in effect from time to time.
E. "Land Use Map" means the map setting forth the currently permitted General Plan
land use designations and major circulation routes in the Project Area. The Land Use Map is
attached to this Plan as Exhibit C.
F. "Owner" means any person owning fee title to, or a long-term leasehold interest in
Real Property(as defined below)within the Project Area.
G. "Owner Participation Rules" mears the Rules for Business Tenant Preference and
Owner Participation adopted by the Agency pursuant to the Redevelopment Law, as such Rules
now exist or may hereafter be amended.
H. "Person" means any individual, or any public or private entity.
I. "Personal Property" means moveable property, chattels and any other property not
part of real property.
J. "Plan" or "Redevelopment Plan" means this Redevelopment Plan for the
Montalvin Manor Redevelopment Project Area, as it now exists or may hereafter be amended.
K. "Planning Commission" means the Planning Commission of the County of Contra
Costa, California.
L. "Project" means the redevelopment activities undertaken pursuant to this Plan.
M. "Project Area" means the area included within the boundaries of the Montalv*
Manor Redevelopment Project Area, as shown on the Boundary Map (Exhibit A) and described
in the Legal Description (Exhibit B).
N. "Real Property" means land, including land under water and waterfront property;
buildings, structures, fixtures, including mobile homes attached to the land, and improvements
on the land;property appurtenant to or used in connection with the land; and every estate,
interest, privilege, easement, franchise and right in land, including but not limited to rights-of-
way,terms of years and liens, charges or encumbrances by way of judgment,mortgages or
otherwise and the indebtedness secured by such liens.
3201171164300.4 2
O. "Redevelopment Law"means the Community Redevelopment Law of the State of
California(California Health and Safety Code Section 33000 et seq.).
P. "State" means the State of California.
Q. "Zoning Ordinance" means the Zoning Ordinance of the County of Contra Costa,
California, as it now exists or may hereafter be amended.
PART III. PROJECT AREA BOUNDARIES
The Project Area consists of all properties within the boundaries shown on the Boundary
Map (Exhibit A) and described in the Legal Description(Exhibit B).
PART IV. REDEVELOPMENT GOALS AND OBJECTIVES
This Redevelopment Plan will be undertaken to achieve the following specific goals and
objectives in fintherance of the purposes of the Redevelopment Law and the General Plan:
1 Elimination of blighting conditions within the Project Area.
2. Elimination of substandard buildings and those that conflict with the uses
proposed in the General Plan and applicable County standards and guidelines.
3. Installation and improvement of public improvements and public utilities in the
Project Area, including without lm' u'tation parks, comm 10 ty centers and schools.
4. The creation of the residential opportunities for all segments of the community,
including the provision of housing affordable to low and moderate income households,
especially through rehabilitation and new construction.
5. A strong commercial incentive program to-encourage upgrading of commercial
buildings and to attract new commercial users in the area.
6. Installation, improvement and enhancement of improvements to promote
pedestrian and bicycle utilization.
7. Programs to increase employment opportunities for Project Area residents.
PART V. LAND USE REGULATIONS
A. OVERVIEW OF REGULATIONS
The County has adopted a General Plan which is in full conformance with the State
requirements for general plans.
320\1 7\1 64300.4 3
The permitted land uses, land use standards, development goals, objectives and policies,
and other evaluation guidelines of this Redevelopment Plan shall be those set forth in the
General Plan,together with the specific redevelopment goals and objectives outlined in Part IV
above (which are consistent with and serve to implement the more general goals and objectives
of the General Plan). It is further intended that all provisions of the Zoning Ordinance, as it now
exists or hereafter be amended, shall be applicable to developments in the Project Area, and that
all development in the Project Area shall comply with all applicable state and local laws, codes
and ordinances in effect from time to time in the County, in addition to any requirements of the
Agency imposed pursuant to this Plan.
The applicable County zoning and planning processes (including any moratoria or
temporary development restrictions imposed by the County) shall continue to have full effect and
shall continue to serve as the primary determinant for land use decisions in the Project Area.
Without limiting the generality of the foregoing, and subject to the following paragraph,the
Planning Commission, the Board of Supervisors, County departments,and other County boards,
commissions and agencies shall perform the same functions for consideration and approval or
disapproval of developmentapplications,pen-nits and other entitlements for properties within the
Project Area that are subject to this Redevelopment Plan, as for properties outside the Project
Area that are not subject to this Redevelopment Plan.
The Board of Supervisors may, in its discretion through appropriate future legislation,
amend applicable County pl * 9 or building codes and standards to provide for modified or
streamlined processing of development applications within redevelopment project areas or other
special zones. Any such amendment of County planning and building codes and standards shall
thereafter apply to the processing of development applications in the Project Area in accordance
with the terms of such amendment.
B. PERMITTED LAND USES
As noted in the overview to this Part, this Redevelopment Plan adopts the land uses set
forth in the General Plan as the permitted uses within the Project Area. It is intended that the
land uses set forth in the General Plan now, or as they may hereafter be amended, shall be the
land uses governing this Plan.
C. LAND USE MAP; PUBLIC RIGHTS OF WAY
1. Land Use Map
The Land Use Map (Exhibit Q shows the current General Plan land use designations,
street layout, open space areas and public use areas within the Project Area. The specific types
of uses and activities (including size, height, and number of buildings and dwelling units)
permitted or conditionally permitted in each land use category mapped on the Land Use Map are
those types of uses and activities (including size, height and number of buildings and dwelling
units) described in the Zoning Ordinance consistent with the relevant land use category. The
land uses shown on the Land Use Map are drawn from the Land Use Element of the General
Plan in effect as of the adoption of this Redevelopment Plan, and shall be deemed to be
320\17\164300.4 4
automatically modified as the Land Use Element of the General Plan may be revised from time
to time in order to maintain conformance of this Redevelopment Plan with the General Plan, as
provided in Sections A and B of this Part.
2. Public Streets and Rights-of Way
All streets within the Project Area may be widened, altered, or vacated for purposes of
development of the Project. New streets may be created as appropriate, consistent with the
General Plan. The anticipated configuration of streets and public rights-of-Way within the
Project Area(including existing streets to be retained and their relationship to major public
facilities) is shown on the Land Use Map (Exhibit Q. These public rights-of-way may be used
for vehicular and/or pedestrian traffic as well as for public improvements, public and private
utilities, and activities typically found in public rights-of-way.
Additional public streets, alleys and easements may be created in the Project Area as
appropriate for proper development, consistent with maintaining and enhancing the rustic,
informal character of the area, as well as the natural environment. Existing streets, alleys and
easements may be abandoned, closed or modified as necessary for proper development of the
Project.
Any changes in the existing interior or exterior street layout shall be in accordance with
the General Plan, the objectives of this Plan, and the County's design standards, and shall be
effectuated in the manner prescribed by state and local law.
D. GENERAL CONTROLS AND LMTATIONS
All real property in the Project Area is hereby subject to the goals, objectives, policies,
controls and requirements of this Plan(which expressly incorporates the goals, objectives,
policies, controls and requirements of the General Plan and the Zoning Ordinance). No real
property shall be developed,rehabilitated, or otherwise changed after the date of adoption of the
Plan except in conformance with the provisions of this Plan, the General Plan, the Zoning
Ordinance, and all other applicable State and local laws and standards in effect from time to
time.
I New Construction
All new construction shall comply with all applicable State and local laws and standards
in effect from time to time. Parking facilities shall be provided in accordance with the criteria set
forth in the General Plan and the Zoning Ordinance, as they now exist or may hereafter be
amended, and any additional standards adopted by the Agency pursuant to Section E below.
2. Non-Conforming Uses
The existence, continuation,renovation, repair, expansion, and replacement of
nonconforming uses in the Project Area shall be governed by the applicable County land use
regulations in effect from time to time.
320\17\164300.4 5
3. Rehabilitation
Any structure within the Project Area which will be retained as part of the Plan shall not
be altered, constructed, or rehabilitated unless it is done so in conformance with the General
Plan, the Zoning Ordinance, all applicable codes, and any guidelines which may be adopted by
the Agency to assist in the implementation of the Plan. This conformity shall extend to the
architectural character,the public spaces and other elements as required by the County and/or
Agency.
4. Open Spaces and Landscapes
Standards for open space to be provided within the Project Area shall be consistent with
the General Plan and the Zoning Ordinance, as they now exist and may hereafter be amended.
The precise amount of open space to be provided in the Project Area will depend on the
particular plans for developmert submitted by developers of private property in the Project Area
and approved by the County. Landscaping plans for development projects shall be submitted to
the County for review and approval M' accordance with applicable County regulations.
S. Height and Bulk
The height and bulk of structures shall be regulated as provided in the General Plan and
the Zoning Ordinance, as they now exist or as they may hereafter be amended, and such
additional standards as may be adopted by the Agency pursuant to Section E below.
6. Densis
The maximum permitted density of development on any building site shall be regulated
as provided in the General Plan and the Zoning Ordinance, as they now exist or may hereafter be
amended, and such additional standards as may be adopted by the Agency pursuant to Section E
below.
7. Signs
Exterior signs necessary for the identification of buildings and premises shall be as
permitted by the General Plan and the Zoning Ordinance, as they now exist or may hereafter be
amended,provided that they comply with any design criteria established for the Project Area.
The Agency may require that the complete sign program for a development and such additional
standards as may be adopted by the Agency pursuant to Section E below be reviewed by the
Agency staff,prior to the erection or installation of signs in any part of the Project Area.
8. Nondiscrimination and Nonselgegation
As more fully set forth in Part VI below, there shall be no discrimination or segregation
based on race, color, creed,religion, sex, sexual orientation,marital status,national origin,
mental or physical disability, or ancestry permitted M' the sale, lease, sublease,transfer,use,
occupancy, tenure, or enjoyment of property in the Project Area.
320\171164300.4 6
9. Resubdivision of Parcels
After rehabilitation and development pursuant to this Plan,no parcel in the Project Area,
including any parcel retained by a conforming owner or participant shall be subdivided without
the approval of the County.
10. Variances
In the event the County grants a variance from applicable County zoning regulations for
Mg
development of a parcel within the Project Area, such grant of variance shall be deemed to
constitute a comparable variance from the standards of this Plan without additional action by the
Agency.
In addition, the Agency is authorized to permit variances from any development
standards adopted by the Agency pursuant to Section E below or any affordable housing
regulations or policy guidelines adopted by the Agency pursuant to Section H below. In order to
permit such a variance the Agency must determine that all of the following circumstances exist:
a. The application of one or more of the provisions of such Agency
development standards, regulations or policy guidelines would result in unnecessary hardship to
the property owner;
b. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do not apply generally to other
properties having the same standards, restrictions and controls;
C. Permitting a variance from the limits,restrictions, or controls of such
Agency development standards, regulations or policy guidelines will not be materially
detrimental to the public welfare or injurious to property or improvements in the area;
d. Permitting a variance from the limits,restrictions or controls of such
Agency development standards, regulations or policy guidelines will not be contrary to the
objectives of this Plan; and
e. The grant of variance by the Agency will not result in development that
conflicts with applicable County land use standards.
No such variance shall be granted which changes a basic land use pursuant to this Plan or
which permits other than a minor departure from the provisions of this Plan. In permitting any
variance, the Agency shall impose such conditions as are necessary to protect the public health,
safety, and welfare and to assure compliance with the objectives of the Plan.
E. ADOPTION OF ADDITIONAL STANDARDS FOR DEVELOPMENT
Within the limits, restrictions and controls established in the General Plan,the Zoning
Ordinance, and this Plan, the Agency is authorized to establish and adopt,by appropriate
resolution, specific guidelines and/or standards for building heights,building coverage, design
320\17\164300.4 7
criteria, architectural character, landscaping character, sign character, traffic circulation ingress
and egress,parking, and any other development and design control necessary to implement the
Plan. Such guidelines and/or standards may relate to both private and public areas within the
Project Area. No new development shall be constructed and no existing improvements shall be
substantially modified, altered,repaired, or rehabilitated except in accordance with such adopted
guidelines and/or standards for development. The Agency shall not approve plans which do not
comply with any adopted guidelines and/or standards for development.
F. BUILDING PERMITS
No permit shall be issued for the construction of any new building or for any construction
on an existing building in the Project Area from the date of adoption of this Plan until the
application for such permit has been made and processed in a manner consistent with all County
requirements.
The.Agency is authorized to establish permit procedures-and approvals in addition to
those set forth above where required for the purposes of this Plan. Where such additional
procedures and approvals are established,a building permit shall be issued only after the
applicant for same has been granted all approvals required by the County and the Agency at the
time of application.
G. DWELLING UNITS
In compliance with the Health and Safety Code Section 33333(c), and as provided in
Sections B, C.1 and D.6 of this Part V, the maximum number of dwelling units in the Project
Area shall be regulated as provided in the General Plan and the Zoning Ordinance, as they now
exist or may hereafter be amended.
H. AFFORDABLE HOUSING
By regulations, financial assistance programs, and/or policy guidelines adopted by
resolution of the Agency from time to time, the Agency shall ensure compliance with the
provisions of Health and Safety Code Section 33413(b)requiring that specified percentages of
all new or rehabilitated dwelling units,developed in the Project Area be available at affordable
housing cost to households in specified income categories. Any adopted Agency regulations
and/or policy guidelines shall be applicable and enforceable by the County and the Agency under
this Plan.
I. MITIGATION MEASURES
By concurrent resolution(Resolution Nos. and the TIR Resolution")
adopted in connection with certification of the Envirom-nental impact Report for this Plan(the
"EIR"),the Board of Supervisors and the Agency adopted specified environmental mitigation
measures (the "Mitigation Measures")to be implemented as part of this Plan to minirriize
potential adverse environmental impacts of the Plan. The Mitigation Measures are based, in
substantial part, on the mitigation measures identified in the EIR.
320\17\164304.4 8
The Mitigation Measures are hereby incorporated in this Plan by this reference and shall
be implemented by the Agency,the County, or individual property owners/developers, as
appropriate, in connection with public and private actions undertaken pursuant to this Plan
(including in connection with County land use approvals for developments in the Project Area
during the effectiveness of this Plan).
PART V1. REDEVELOPMUENT TECMNIQUES TO AC VE PLAN OBJECTIVES
The development of the Project will be undertaken in accordance with the provisions of
the Redevelopment Law. The Agency proposes to use the redevelopment techniques set forth in
this Part VI and/or the Redevelopment Law to achieve the goals and objectives of the Plan set
forth in Part IV above.
Among the programs and projects that may be implemented by the Agency using the
techniques set forth in this Part VI and/or the Redevelopment Law are those described in
Exhibit D,the Initially Proposed Actions and Projects. Exhibit D lists redevelopment programs
and projects that appear, at the time of Plan adoption,to have significant potential for achieving
the goals and objectives of the Plan. As redevelopment needs and opportunities evolve over the
life of the Plan, the Agency may determine not to undertake certain programs or projects listed in
Exhibit D, and/or to undertake other programs and projects consistent with this Plan and the
Redevelopment Law that are not listed in Exhibit D.
A. PUBLIC IMPROVEMENTS
As more fully set forth in Health and Safety Code Sections 33445 and 33679, the Agency
is authorized to acquire, install and construct or cause to be acquired, installed and constructed
the public improvements and public utilities (within or outside the Project Area) necessary to
carry out this Plan. Such public improvements and public utilities include,but are not limited to,
the construction, expansion,rehabilitation or modernization of over-or underpasses,bridges,
streets, curbs, gutters, sidewalks, street lights, pubic transportation facilities and services
(including rail and bus facilities and services), sewers, sewage treatment facilities, waste water
disposal areas, ston-n drains, flood control facilities,traffic signals and other traffic control
devices, electrical distribution systems, co�r�munication systems, fire fighting facilities,police,
security and criminal justice facilities, educational facilities, community and civic centers,
natural gas distribution systems,water treatment and distribution systems (including upgrading
of water mains laterals and fire hydrants), other public buildings,parks and open space areas,
off-street parking,plazas, landscaped areas, and undergrounding of existing utilities. Anticipated
public improvements, facilities and utilities that may be acquired, installed or constructed, or
caused to be acquired, *installed or constructed,by the Agency include, but are not limited to,
those public improvements, facilities and utilities set forth in the attached Exhibit D, the Initially
Proposed Actions and Projects.
Without limiting the generality of the financing techniques available to the Agency under
this Plan as set forth in Part VII, Section A below, among the techniques the Agency may
employ to cause the financing and construction, expansion,rehabilitation, or modernization of
the above-referenced public improvements and public facilities is participation in payments to
3201171164300.4 9
assessment districts, community facility districts, or other similar districts established pursuant to
applicable law to finance construction, expansion, rehabilitation, or modernization of such public
improvements and public facilities.
B. PROPERTY ACQUISITION
1. Acquisition of Real Property
Except as specifically limited herein(see paragraphs a., b., c and d. below regarding
limitations on the Agency's eminent domain power), the Agency may, but is not required to,
acquire or obtain options to acquire all real property located in the Project Area, or of benefit to
the Project Area,by gift, devise, exchange,purchase, eminent domain or any other lawful
method whatsoever. The Agency may also acquire any other interest in real property less than a
fee interest.
Since it is in the public interest and is necessary for the elimination of those conditions
requiring redevelopment,the power of eminent domain may be employed by the Agency to
acquire real property in the Project Area or of benefit to the Project Area. The power of eminent
domain shall not be exercised, however,when the conditions described in any of subdivision a.
or b. or c. or d. below exist:
a. The property in question contains a structure or structures occupied at the
time of proposed acquisition as the residential dwelling unit of one or more persons; or
b. The property in question is owned by a public body and that public body
has not consented to the exercise of the power of eminent domain by the Agency; or
C. The property in question is improved with a structure and, although not
conforming to the Plan, the Agency has determined that the property and the structure can so
conform pursuant to an owner participation agreement and that the owner is faithfully
performing under the terms of the owner participation agreement; or
d. The property in question is improved with a structure and, in the sole
determination of the Agency, all of the following are true:
(1) The property is not needed :br those specific activities outlined in
the Plan, including for development by a master developer pursuant to Section C.2 below; and
(2) The property is not needed for the development of replacement
housing for those displaced by Agency activity, if any; and
(3) The property is not needed for any other public improvement or
facility; and
(4) The property is not needed to promote historical or architectural
preservation; and
3201171164300.4 10
(5) The property is not needed to remove a blighting influence on
surrounding properties which prevents achievement of the objectives of this Plan; and
(6) The property is not needed for the elimination of environmental
deficiencies including among other things, inadequate circulation, access or street layout,
incompatible and mixed uses, overcrowding and small parcel size; and
(7) The property is not needed for the removal of impediments to land
development and disposition through assembly of land into appropriately sized and shaped
parcels served by improved circulation and utilities.
Notwithstanding the foregoing limitations, the Agency may, with the prior written
consent of the affected property owner,use the power of eminent domain to acquire property
within the Project Area that is otherwise excluded from the exercise of the power of eminent
domain.
The Agency must commence eminent domain proceedings with respect to any property
which it intends to acquire within twelve(12)years of the date of adoption of the ordinance
including such property in the Project Area. This time limit for commencement of eminent
domain proceedings may be extended only by amendment of the Plan. The Agency may acquire
property by voluntary (e.g., non-eminent domain)means before and after the expiration of the
time limit for eminent domain proceedings and prior to the expiration of the effectiveness of the
Plan.
Prior to any acquisition through eminent domain the Agency shall adopt a resolution
declaring a need to acquire any specific property and authorizing the acquisition by such method.
2. Acquisition of Personal Property
Generally,personal property shall not be acquired. However,where necessary in the
execution of this Plan, the Agency is authorized to acquire personal property in the Project Area
by any lawful means,provided that,personal property associated with a residential unit may not
be acquired by eminent domain.
C. PARTICIPATION BY OWNERS AND BUSINESS TENANTS
1. Opportunities for Owners and Business Tenants
The Agency shall extend reasonable preferences to persons who own property or are
engaged in business in the Project Area, to continue or re-enter in business within the Project
Area if they meet the requirements prescribed in this Plan and the Owner Participation Rules
which have been adopted by the Agency and are available for public inspection.
It is the intention of the Agency that owners of fee title to, or a long term leasehold
interest in,parcels of real property within the Project Area,where consistent with this Plan and
the Owner Participation Rules, be allowed to participate in this redevelopment by: retaining all
or a portion of their properties; acquiring adjacent or other properties in the Project Area; selling
3201171164300.4 11
their properties to the Agency and purchasing other properties in the Project Area; and upgrading
and developing their properties in conformance with this Plan and Owner Participation Rules.
The Agency may determine either on its own direction or pursuant to a request of a
property owner that certain property within the Project Area does not conform to this Plan, and
the owner of such property shall be required to enter into an owner participation agreement with
the Agency as more fully described in Section C.3 below. Bases for an Agency determination of
property non-conformance with this Plan may include, without limitation,persistent vacancy or
lack of use of the property for uses authorized under this Plan, uses on the property that are
inconsistent with the goals and objectives of this Plan or with the permitted land uses under this
Plan, or existence of improvements or conditions on the property that do not meet the general
controls and limitations set forth in Part V of this Plan and/or the standards of any local, state or
federal code or regulation(including, without limitation, the building code(s) of the County).
Each property in the Project Area shall be considered to conform to this Plan, until and unless the
Agency has determined by resolution that such property does not conform to this Plan.
The Agency may determine, either on its own direction or pursuant to a request of a
property owner,that certain real property within the Project Area conforms or substantially
conforms to the requirements of this Plan and that the owner of such property will, thereafter, be
permitted to remain a conforming owner without a participation agreement with the Agency,
provided, such owner continues to operate and use the real property within the requirements of
this Plan.
In the event a conforming owner desires to (a) construct any additional improvements or
substantially alter or modify existing structures on any of the real property described above as
conforming, or (b) acquire additional real property within the Project Area,then the Agency may
require such conforming owner to enter into a participation agreement with the Agency in the
same manner as required for owners of nort-conforming properties.
Any real property owned by a conforming owner outside of the designated conforming
parcels and within the Project Area shall be considered and treated in the same manner as real
property owned by other owners, i.e., may be subject to a participation agreement with the
Agency.
All of the provisions of this Section C.1 are subject to the provisions of Section C.2
below for the selection of a master developer or developers to develop parcels within the Project
Area.
2. Rules for Participation Opportunities, Priorities and Preferences; Selection of
Master Developers
As more fully set forth in the Agency's adopted Owner Participation Rules (as such rules
may be amended from time to time), in the event the Agency determines either on its own
direction or pursuant to a request of a property owner that it is in the best interest of the Project
that two or more parcels within the Project Area be assembled and developed by a single
property owner or other entity under a master developer plan, the Agency may select and
320\1 7\1 64300.4 12
designate a master developer for the parcels based on the proposed master developer's financial
and technical ability to successfully undertake and complete the development program.
Any individual or other entity may apply to be selected as a master developer of two or
more parcels in the Project Area. Upon such application,the Agency shall determine whether it
is desirable to designate a master developer for such parcels and whether the applicant or another
individual or entity meets the qualification to serve as the master developer.
The rights of particular property owners and business tenants to participate in the
im
redevelopment of their respective properties shall be subject to or limited by or eliminated by the
inclusion of their property within a master development plan to be developed by another entity.
'
If the Agency deter-nines that aparticular parcel in the Project Area shall not be included
in a master development plan,then the owner of the parcel and business tenants may participate
in the redevelopment of property in accordance with the Owner Participation Rules adopted by
the Agency. In general, the Owner Participation Rules provide that existing owners and business
tenants within the Project Area be given non-financial preference, as more fully described in the
Owner Participation Rules, for re-entry into business within the redeveloped Project Area.
Owners will be required to submit proof to the Agency of their technical qualifications and
financial ability to carry out their agreement with the Agency.
3. Participation Agreements
In the event the property owner is otherwise eligible pursuant to Section C.2 above to
participate in the redevelopment of the property, a property owner whose property is determined
by the Agency to be a non-conforming property pursuant to Section C.1 above shall enter into a
binding agreement with the Agency under which the property owner shall agree to rehabilitate,
develop, or use the property in conformance with the Plan and to be subject to the provisions
hereof. Such agreement shall be prepared by the Agency after consultation with the property
owner. Agreements will contain a list of improvements to be made for the specific
property to which it applies.
In such agreements, participating property owners who retain real property shall-be
required to join in the recordation of such documents as are necessary in the determination of the
Agency to make the provisions of this Plan applicable to their properties.
If an owner who is required to enter into an owner participation agreement fails or refuses
to enter into such agreement, or if such owner fails to perform any of the owner's obligations
under an ownerparticipation agreement,the Agency is authorized, subject to the limitations on
the exercise of the power of eminent domain set forth in Section B.1 above,to acquire the real
property or any interest therein which, if acquired,may be sold or leased for rehabilitation or
development in accordance with this Plan.
D. COOPERATION WITH PUBLIC BODIES
Certain public bodies are authorized by state law to aid and cooperate,with or without
consideration, in the plarulin9,undertaking, construction, or operation of this Project. The
320\1 7\1 rA300.4 13
Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate
this Plan with the activities of such public bodies in order to accomplish the purposes of
redevelopment and the highest public good.
The Agency,by law, is not authorized to acquire real property owned by public bodies
without the consent of such public bodies. The Agency,however, will seek the cooperation of
all public bodies which own or intend to acquire property in the Project Area. The Agency shall
have the right to impose on all public bodies the planning and design controls contained in the
Plan to ensure that present uses and any future development by public bodies conform to the
requirements of this Plan.
E. PROPERTY MANAGEMENT
During such time as property in the Project Area is owned by the Agency, such property
shall be under the management and control of the Agency. Such property may be rented or
leased by the Agency pending its disposition.
The Agency shall comply with, and is authorized to exercise the rights and duties
contained in, Health and Safety Code Section 33401,which states:
"The agency may, in any year during which it owns property in a redevelopment
project that is tax exempt,pay directly to any city, county, city and county,
district, including, but not limited to, a school district, or other public corporation
for whose benefit a tax would have been levied upon the property had it not been
exempt, an amount of money in lieu of taxes that may not exceed the amount of
money the public entity would have received if the property had not been tax
exempt."
F. RELOCATION OF DISPLACED PERSONS AND BUSINESSES
As required by the California Relocation Assistance Act(Government Code Section 7260
et seq.), any relocation of persons and businesses as part of the Project will be subj ect to the
following standards:-
1. Assistance in Findiniz Other Locations
The Agency shall assist persons (including households,business entities and others)
displaced by the Agency pursuant to this Plan in finding other locations and facilities. There are
areas of the County, other than the Project Area, not generally less desirable in regard to public
utilities and public and commercial facilities,and at rents or prices within the financial means of
the families and persons displaced from the Project Area, decent, safe and sanitary dwellings
equal in number to the number of families and persons that may potentially be displaced and
available to such displaced families and persons and reasonably accessible to their places of
employment.
In order to carry out the Project with a minimum of hardship on persons displaced from
their homes by Agency actions pursuant to this Plan, the Agency shall assist such individuals and
320\1 7\1 64300.4 14
families in finding housing that is decent, safe, sanitary, within their financial means, in
reasonable and convenient locations, and otherwise suitable to their needs. The Agency is also
authorized to provide housing outside the Project Area for displaced persons.
2. Relocation Payments
The Agency may pay reasonable moving expenses to persons (including families,
business concerns and others) displaced by Agency actions pursuant to this Plan. This provision
is not intended to provide incentives for commercial and industrial businesses to move out of the
Project Area. The Agency may make such relocation payments for moving expenses where the
Agency determines it is in the best interest of the Project and not to do so would create a
hardship on the persons involved. The Agency may make such other payments as may be in the
best interest of the Project and for which funds are available. The Agency shall make all
relocation payments required by applicable law.
G. DEMOLITION, CLEARANCE, AND SITE PREPARATION
1. Demolition and Clearance
The Agency is authorized to demolish, clear, or move buildings, structures, and other
improvements as necessary to carry out the purposes of this Plan.
2. Preparation of Building and Development Sites
The Agency is authorized to prepare or cause to be prepared as development sites any
real property in the Project Area owned or acquired by the Agency.
3. Hazardous Waste Remediation and Removal
The Agency may take any actions which it determines are necessary and which are
consistent with other state and federal laws to remedy or remove hazardous waste on, under or
from property in the Project Area in accordance with the requirements of Health and Safety Code
Section 33459- 33459.8, or any successor legislation.
H. REHABILITATION AND MOVING OF STRUCTURES; ASSISTANCE FOR
CERTAIN PRIVATE nVIPROVEMENTS
1. To the extent appropriate in carrying out the Plan,the Agency is authorized to:
(a)rehabilitate or cause to be rehabilitated any building or structure, including mobile homes, in
the Project Area acquired by the Agency; and(b)move or cause to be moved any building or
other structure, including mobile homes, to a location within or outside the Project Area.
2. For any rehabilitation project, the Agency may take any action it determines
necessary and consistent with local, state and federal law to provide for seismic retrofits as
provided in Health and Safety Code Section 33420.1 and any successor statute.
3201171164300.4 15
3. The Agency may take such actions as it determines are necessary to remove
graffiti from public and private property in the Project Area pursuant to Health and Safety Code
Section 33420.2 and any successor statute.
4. The Agency may establish a program under which it lends funds to owners or
tenants for the purpose of rehabilitating commercial buildings or structures within the Project
Area pursuant to Health and Safety Code Section 33444.5 and any successor statute.
5. The Agency may assist in financing of facilities or capital equipment, including,
but not necessarily limited to pollution cortrrol devices, for properties being developed or
rehabilitated for industrial or manufacturing uses within the Project Area pursuant to Health and
Safety Code Section 33444.6 and any successor statute.
I. REPLACEMENT DWELLING UNITS
If any dwelling units housing persons'and families of low or moderate income are
destroyed or removed from the housing market as part of the Project, the Agency shall, within
four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be
rehabilitated, developed, or constructed, for rental or sale to persons and families of low or
moderate income an equal number of replacement dwelling units at affordable housing costs as
defined by Health&Safety Code Section 50052.5,within the territorial jurisdiction of the
Agency, in accordance with all the provisions of the Redevelopment Law (Health& Safety Code
Sections 33413 and 33413.5).
J. PROPERTY DISPOSITION AND DEVELOPMENT
1. General
For the purposes of this Plan, the Agency is authorized to sell, lease, exchange,
subdivide, transfer, assign,pledge, encumber by mortgage or deed of trust, or otherwise dispose
of any interest in real property.
To the extent permitted by law and upon compliance with the notice and hearing
requirements of the Redevelopment Law, the Agency is authorized to dispose of real property by
negotiated leases or sales without public bidding.
All real property acquired by the Agency in the Project Area shall be sold or leased for
development for the uses permitted in the Plan. Real property may be conveyed by the Agency
to the County or any other public body without charge. Property containing buildings or
structures rehabilitated by the Agency shall be offered for resale within one year after completion
of rehabilitation or an annual report concerning such property shall be published by the Agency
as required by law.
The Agency shall reserve such powers and controls in the disposition and development
documents as may be necessary to prevent transfer,retention, or use of property for speculative
purposes and to insure that development is carried out pursuant to this Plan.
320»71164300.4 16
2. Purchase and Development by Participants
Pursuant to the provisions of this Plan and the Owner Participation Rules adopted by the
Agency, the Agency may offer real property in the Project Area for purchase and development
by owner and business-tenant participants prior to or at the same time that real property is made
available for purchase and development by persons who are not owners or business tenants in the
Project Area.
3. Purchase and Development Documents
To provide adequate safeguards,to insure that the provisions of this Plan will be carried
out, and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the
Agency, as well as all property subject to participation agreements, shall be made subject to the
provisions of this Plan by leases, deeds, contracts,agreements, declarations of restrictions,
provisions of the Zoning Ordinance, as it now exists or hereafter be amended, conditional use
permits, or other means. Where appropriate, as determined by the Agency, such documents or
portions thereof shall be recorded in the office of the Recorder of the County.
The leases, deeds, contracts, agreements, and declarations of restrictions may contain
restrictions, covenants, covenants running with the land, rights of reverter, conditions
subsequent, equitable servitude, or any other provisions necessary to carry out this Plan.
During the period of redevelopment in the Project Area, the Agency shall ensure that the
provisions of this Plan and of other documents formulated pursuant to this Plan are being
observed, and that development in the Project Area proceeds in accordance with development
documents.
The Agency may require that development plans be submitted to it for review and
approval. All development must conform to this Plan and all applicable Federal, State and local
laws.
4. Obligations to be Imposed on Redevelopers
Purchasers of property from the Agency shall be required to develop such property in
accordance with the provisions of this Plan. The Agency shall have the right to withhold transfer
of title to the acquirer, user or developer of property in order to ensure fulfillment of this
requirement. No building, sign or structure shall be constructed upon any part of such property
unless architectural plans and specifications showing, among other things,the nature of such
construction,parking, loading, surface treatment and landscaping, the location and orientation of
the structure(s) on the building site and the grading plans for the building site to be built upon,
shall be submitted to,reviewed, and approved in writing by the Agency, or unless the Agency
has waived the requirements of this sentence. The Agency shall have the right to refuse to
approve any such plans or specifications when in the opinion of the Agency such plans or
specifications do not conform with the conditions and obj ectives of the Plan, or to the design
standards established by the Agency.
320\1 7\1 64300.4 17
Acquirers, users or developers of property within the Project Area must commence the
erection of any building,prosecute diligently the work thereon and complete it within such
reasonable period of time as agreed upon with the Agency.
No acquirer, user, owner participant or developer shall resell, lease, sublease or otherwise
dispose of property in the Project Area until the construction approved by the Agency has been
completed, except with the prior written consent of the Agency.
Persons who are engaged in business in the Project Area shall be granted nor-financial
preference by the Agency to re-enter in business within the Project Area after redevelopment if
they otherwise meet the requirements prescribed by the Plan and the Agency's adopted Owner
Participation Rules.
The acquirer, user, or owner shall be responsible for complying with all applicable State
and local laws, ordinances and codes, in effect from time to time.
5. Personal Property Disposition
For the purpose of this Plan the Agency is authorized to sell, lease, exchange, transfer,
assign,pledge, encumber, or otherwise dispose of personal property.
K. PREVENTION OF DISCRIMINATION
1. General
Property owners and developers shall comply with all State and local laws, in effect from
time to time prohibiting discrimination or segregation by reason of race, color,religion, creed,
marital status, sex, sexual orientation, national origin or ancestry, in the sale, lease or occupancy
of the property.
2. Conveyances by the A ency
Pursuant to the Redevelopment Law (Health& Safety Code Sections 33337 and 33435-
33436),
3435-
33436), contracts entered into by the Agency relating to the sale, transfer or leasing of land, or
any interest herein acquired by the Agency within the Project Area shall contain the provisions
of those Redevelopment Law sections in substantially the form set forth therein. Such contracts
shall further provide that the provisions of the applicable Redevelopment Law sections shall be
binding upon and shall obligate the contracting party or parties and any subcontracting party or
parties and all other transferees under the instrument.
3. Other Contracts, Deeds and Leases for Conveyance of Project Area Property
All deeds, leases or contracts for the sale, lease, sublease or other transfer of any land in
the Project Area shall contain the following nondiscrimination clauses as prescribed by the
Redevelopment Law(Health& Safety Code Section 33435 and 33436):
320\1 7\1 64300.4 18
In deeds, the following language shall appear:
"The grantee herein covenants by and for himself or herself, his or her heirs,
executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against, or segregation of, any persons
or group of persons on account of race, color, creed, religion, sex, sexual
orientation, marital status, national origin, or ancestry, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the grantee himself or herself or any person claiming under
or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed. The foregoing covenants shall run with the land."
In leases, the following language shall appear:
"The lessee herein covenants by and for himself or herself, his or her heirs,
executors, administrators and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following
conditions:
"That there shall be no discrimination against or segregation of any person or
group of persons, on account of race, color, creed, religion, sex, sexual
orientation, marital status, national origin, or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of the premises herein leased,
nor shall the lessee himself or herself, or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or
number, use, or occupancy of tenants, sublessees, subtenants, or vendees in the
premises herein leased."
4. Duration
The covenants in deeds, leases, and contracts from or with the Agency,with respect to
prevention of discrimination, shall remain in effect in perpetuity.
PART VII. METHODS FOR FINANCING THE PROJECT
A. GENERAL PROVISIONS
The Agency is authorized to finance the Project with financial assistance from the
County,the State of California, the Federal Government,property tax increments, interest
income, Agency notes and bonds, assessment district or special tax district revenues, or any other
available source. Advances for survey and planning and operating capital for administration of
the Project may come through loans from the County or other entities. The County may also
supply additional assistance through County loans and grants for various public facilities and
other redevelopment activities. As available, gas tax funds from the State of California and the
320\1 7\1 64300.4 19
I t
County may be used toward the cost of the street system and related improvements. It is
anticipated that there may also be some revenue accruing to the Project from interest earned on
investments of Agency funds.
The Agency is hereby authorized to borrow funds, obtain advances, and create
contractual indebtedness and other obligations in carrying out this Plan,pursuant to applicable
law. The principal and interest on such borrowed funds, advances and other obligations may be
paid from tax increments or any other funds available to the Agency.
B. AFFORDABLE HOUSING FINANCING
Pursuant to the Redevelopment Law(Health and Safety Code Section 33334.2), a
minimum of twenty percent of all tax increments allocated to the Agency shall be used for the
purposes of improving and increasing the community's supply of quality affordable housing
unless the Agency makes one or more of the findings specified in Health and Safety Code
Section 33334.2(a).
Tax increment revenues allocated to the Agency and earmarked for housing purposes will
be used to fund existing and new programs for housing development and rehabilitation in a
manner consistent with the Housing Element of the County's General Plan, and/or other
applicable County housing policies, as they now exist or may hereafter be amended. The
permitted uses in the Project Area allow for the development of affordable housing.
C. TAX INCREMENTS
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State of California, the County, any district, or other public corporation
(hereinafter sometimes called"taxing agencies")after the effective date of the ordinance
approving this Plan, shall be divided as follows:
1. That portion of the taxes which would be provided by the rate upon which the tax
is levied each year by, or for, each of the taxing agencies upon the total sum of the assessed
value of the taxable property in the Project as shown upon the assessment roll used in connection
with the taxation of such property by such taxing agency, last equalized prior to the effective
date of such ordinance, shall be allocated to and when collected shall be paid to the respective
taxing agencies as taxes by, or for, said taxing agencies on all other property are paid. For the
purpose of allocating taxes levied by, or for, any taxing agency or agencies which did not include
the territory of the Project on the effective date of such ordinance but to which such territory has
been annexed or otherwise included after such effective date, the assessment roll of the County
last equalized on the effective date of said ordinance shall be used in determining the assessed
valuation of the taxable property in the Project on the effective date; and
2. Except as provided in Health and Safety Code Section 33670(e), that portion of
the levied taxes each year in excess of such amount shall be allocated to and when collected shall
be paid into a special fund of the Agency to pay the principal of and interest on loans,monies
advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
Agency to finance or refinance, in whole or in part,the Project. Unless and until the total
320\1 7\1 64300.4 20
assessed valuation of the taxable property in the Project exceeds the total assessed value of the
taxable properties in such Project as shown by the last equalized assessment roll referred to in
subdivision 1 above, all of the taxes levied and collected upon the taxable property in the Project
shall be paid into the funds of the respective taxing agencies. When said loans, advances, and
indebtedness, if any, and interest thereon,have been paid, all moneys thereafter received from
taxes upon the taxable property in the Project shall be paid into the funds of the respective taxing
agencies as taxes on all other property are paid.
The portion of taxes described in subdivision 2 above may be irrevocably pledged by the
Agency for the payment of the principal and the interest on money loaned, advanced, or any
indebtedness(whether funded, refunded, assumed or otherwise)by the Agency to finance or
refinance in whole or in part, the Project.
The Agency is authorized to make such pledges as to specific advances, indebtedness,
and other obligations as appropriate, in carrying out the Project.
D. BONDS
The Agency may issue its bonds for any corporate purpose or for the purpose of
refunding bonds it has previously issued. The principal and interest payable on such bonds may
be paid from:
1. the income and revenues of the Project;
2. the tax increment funds allocated to the Agency;
3. the Agency's revenues generally;
4. any contributions or other financial assistance from the state or local government;
5. repayment of loans or other form of indebtedness to the Agency;
6. private parties;
7. any other source permitted by law; or
8. any combination of the above sources.
The amount of bonded indebtedness to be repaid in whole or part from the allocation of
taxes described in subdivision 2 of Section C above which can be outstanding at any one time
shall not exceed$50 million in principal amount, except by amendment of this Plan.
E. OTHER LOANS, GRANTS AND ADVANCES
Any other available loans, grants, or financial assistance from any other public or private
source may be utilized by.the Agency for purposes of the Project.
320\1 7\1 64300.4 21
Among other financing techniques that may be employed to encourage private sector
financial support for Project Area redevelopment, the Agency may, consistent with the
Redevelopment Law, facilitate the formation and financing of, and may cooperate with,
community development financing institutions and land trusts involved in Project Area
redevelopment activities.
PART VIII. ACTIONS BY THE COUNTY
The County shall aid and cooperate with the Agency in carrying out this Plan and shall
take all actions necessary to ensure the continued fulfillment of the purposes of the Plan to
prevent the recurrence or spread in the area of conditions causing blight. Action by the County
may include,but shall not be limited to, the following:
A. Acquisition of any real and personal property inside or outside the Project Area
required for public use; demolition and removal of structures on such acquired property; and
preparation of such property for construction. Subject to the limitations set forth in this Plan, the
costs to the County of such acquisition, demolition and site preparation may be reimbursed by
the Agency from Project revenues.
B. Construction of any public improvements serving the purposes of this Plan.
Subject to the limitations set forth in this Plan, the costs to the County of such construction may
be reimbursed by the Agency from Project revenues.
C. Establishment of an assessment district mechanism, to the extent permitted by
applicable law including receipt of any required voter or property owner approval, to collect
assessments, fees or other charges from property owners and developers within the Project Area
for purposes of Project financing.
D. Initiation and completion of proceedings for opening, closing, vacating, widening,
or changing the grades of streets, alleys, and other public right-of-ways, as appropriate to carry
out this Plan.
E. Initiation and completion of proceedings necessary for changes and improvements
in publicly-owned public utilities within or affecting the Project Area.
F. Imposition wherever necessary(by subdivision approval, conditional use permits
or other means) of appropriate controls, within the limits of this Plan,upon parcels in the Project
Area to ensure their proper development and use.
G. Provision for administrative enforcement of this Plan.
H. Imposition of conditions or other requirements upon parcels in the Project Area to
implement the regulations or policy guidelines adopted by the Agency pursuant to Part V.F of
this Plan in satisfaction of the requirements of Health and Safety Code Section 33413(b).
320\1 7\1 64300.4 22
I. Performance of the above, and of all other functions and services relating to
public health, safety, and physical development normally rendered by the County, in accordance
with a schedule that will permit the development of the Project Area to be commenced and
carried to completion without unnecessary delay.
PART IX. ENFORCEMENT
The administrative enforcement of this Plan or other documents implementing this Plan
shall be performed by the County and/or the Agency.
The provisions of this Plan or other documents entered into pursuant to this Plan may
also be enforced by court litigation instituted by either the Agency or the County. Such remedies
may include, but are not limited to, specific performance, damages,reentry,injunctions, or any
other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions
which are expressly for the benefit of owners of property in the Project Area may be enforced by
such owners.
The provisions of the Plan do not in any way limit or restrict the County's authority or
power to enforce any local land use regulations or any other County code provisions.
PART X. DURATION OF THIS PLAN AND RELATED TIME LIMITS
Except for any other authority in excess of the following limits that may from time to
time be granted by the Redevelopment Law (which authority shall be deemed to be incorporated
into the provisions of the Plan by this reference and shall supersede the following limits):
A. The Agency shall not establish or incur loans, advances, or indebtedness to
finance in whole or in part the Project beyond twenty(20)years from the date of adoption of the
ordinance adopting this Plan. Loans, advances, or indebtedness may be repaid over a period of
time beyond this time limit, subject to the further provisions of Section C below. The limit set
forth in this Section A may be extended only by amendment of this Plan. The limit set-forth in
this Section A shall not prevent the Agency from incurring debt to be paid from the Housing
Fund established pursuant to Health and Safety Code Section 33334.2 and 33334.3 or from
establishing more debt in order to fulfill the Agency's housing obligations under Health and
Safety Code Section 33413.
B. The effectiveness of this Plan(including,without limitation, the effectiveness of
the Agency's land use controls for the Project Area under this Plan)shall terminate on the date
which is thirty(30)years after the date of adoption of the ordinance adopting this Plan. After
expiration of this time limit on effectiveness of the Plan,the Agency shall have no authority to
act pursuant to the Plan, except to pay previously incurred indebtedness,to enforce existing
covenants,contracts and other obligations, and to complete any unfulfilled obligations under
Health and Safety Code Section 33413.
3201171164300.4 23
C. The Agency shall not pay indebtedness or receive property taxes pursuant to
Health and Safety Code Section 33670 beyond forty-five (45)years from the date of adoption of
the ordinance adopting this Plan.
D. Notwithstanding any other time limitations set forth in this Part X, the
nondiscrimination and nonsegregation provisions of this Plan shall run in perpetuity, and the
affordable housing covenants imposed by the Agency with respect to development,
rehabilitation, and/or preservation of Project-related affordable housing (whether inside or
outside the Project Area) shall continue in effect for such period as may be determined and
specified by the Agency.
PART XI. SEVERABILITY
If any provision, section, subsection, subdivision, sentence, clause or phrase of the Plan is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portion or portions of the Plan. In the event that any portion of the Project Area
shall be determined to have been invalidly or incorrectly included in the Project Area that is the
subject of this Plan, such portion of the Project Area shall be deemed severable from the
remainder of the Project Area and the remainder of the Project Area shall remain fully subject to
the provisions of this Plan.
PART X11. PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in the Redevelopment
Law or by any other procedure hereafter established by law.
PART XM. AUTHORITY OF THE AGENCY
To the extent legally permissible, the Agency is hereby authorized to undertake any
redevelopment activity or exercise any power not already included herein,provided such action
is not inconsistent with this Plan.
3201171164300.4 24
EXHIBIT A
BOUNDARY MAP
320\1 7\1 64300.3 A-1
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EXHIBIT B
LEGAL DESCRIPTION
320\1 7\1 64300.3 B-1
EXHIBIT B
MONTALVIN MANOR AREA
REDEVELOPMENT PROJECT AREA "All
DESCRIPTION:
BEING ALL THAT CERTAIN LAND IN UNINCORPORATED TERRITORY OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE RqTEMECTION OF THE SOUTH LINE OF SAN PABLO AVENUE., 100 FEET
WIDE AND THE NORTHERLY PROLONGATION OF THE CENTERLINE OF O"HATCH DRIVE,
50.00 FEET WIDE AS SAID SETS ARE SHOWN ON THE MAP OF THE TARA HILLS UNIT NO.
1 SUBDIVISION AS PER MAP FILED IN BOOK 45, AT PAGES 22 AND 23 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;THENCE
1. S31023"55"El 70.00 FEET ALONG SAID PROLONGATION AND CENTERLINE, OF O'HATCH
DRIVE TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEAST AND HAVING
A RADIUS OF 150.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS S64142'50"W;
CE,
2. SOUTHEAST ALONG SAID.CURVE AND CENTERLINE THROUGH A CENTRAL ANGLE OF
32°51'57%AN ARC DISTANCE OF 86.04 FEET TO A TANGENT LINE;THENCE
3. S58009"07"Et 2550.02 FEET ALONG SAID TANGENT LINE AND CENTERLINE OF OHATCH
...DRIVE TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF
LOT fp'A."OF SAID TARA HILLS UNIT NO. 1;INCE
4. : S31050"53"W's 79.19 FEET ALONG SAID PROLONGATION AND SOUTHEASTERLY TO. AN
ANGLE POINT ON--THENCE
5. CONTINUING ALONG SAID SOUTHEASTERLY LINE AND ITS SOUTHWESTERLY
'PROLONGATION S59'015'00"W2 447.79 T TO THE SOUTHVvrESTERLY LINE OF TARA
HILLS DRIVE;THENCE
6. N30045100"Wr 16.80 FEET ALONG SAID SOUTHWESTERLY LINE TO niE
SOUTHEASTERLY LINE OF LOT"B"OF SAID TARA HILLS UNIT NO. 1;THENCE
7. S52000100"W2 279.76 FEET ALONG SAID SOUTHEASTERLY TO AN ANGLE POINT
'-"ON;THENCE
8. CONTINUING ALONG SAID SOUTHEASTERLY LINE S39°35'10"W, 508.93 FEET TO THE
SOUTHWESTERLY BOUNDARY LINE OF SAID TARA HILLS UNIT NO. 1 SUBDIVISION;
THENCE
9. N37014"47"Wi 526.59 FEET ALONG SAID SOUTHWESTERLY BOUNDARY LINE AND ITS
NORTHWESTERLY 'PROLONGATION TO A POINT ON A NON-TANGENT CURVE
CONCAVE SOLTIERLY AND HAVING A RADIUS OF 4,350.00 FEET, SAID CURVE BEING
THE NORTH LINE OF SAID SAN PABLO AVENUE, 100.00 FEET-WIDE, A RADIAL LINE
THROUGH SAID POINT BEARS N47017'03'3W;THENCE
10. SOUTHWESTERLY ALONG SAID CURVE AND SOUTH LINE OF SAN PABLO AVENUE
THROUGH A CENTRAL-ANGLE OF 00025'07211 AN ARC DISTANCE OF 31.78 FEET TO A
TANGENT LINE; THENCE
11. S42017'50"W; ?,7+65.11 FEET, MORE OR LESS, ALONG SAID TANGENT LINE AND SOUTH
LINE OF SAN PABLO AVENUE TO THE SOUTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF COUNTY ROAD NO. 23, 50.00 FEET WIDE, AS SAID ROAD IS
SHOWN ON A MAP OF THE MONTALVIN MANOR UNIT NO. 1 SUBDIVISION AS PER MAP
FILED IN BOOK 48 AT PAGES 7) 8 AND 9 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY;THENCE
12. N39051'10"Wi 207.43 FEET ALONG SAID PROLONGATION AND SOUTHEASTERLY LINE OF
SAID COUNTY ROAD NO. 23 TO AN ANGLE POINT THE ON;INCE
13. N37°53'10"W, 681.26 FEET ALONG SAID SOUTHEASTERLY LINE TO THE NORTH LINE OF
RACHEL ROAD, 50.00 FEET WIDE.-THENCE
14. S48°25'50"W, 10.02 FEET ALONG SAID NORTH LINE OF RACHEL ROAD TO A POINT ON
THE BOUNDARY LINE OF PARCEL MAP MS 759-88 AS PER MAP FILED IN BOOK 138 AT
PAGES 26 THROUGH 29 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID CONTRA COSTA COUNTY; THENCE FOLLOWING ALONG SAID
BOUNDARY OF SAID PARCEL-MAP,THE NEXT TWENTY(20) COURSES:
15. N37051'342'Wl 478.04 FEET; THENCE
16, S73003'32"WI 395.00 FEET;THENCE
17, 'N83'029`43'2W,v 504.95 FEET;THENCE
18. N18018'20"W, 527.94 FEET; THENCE
19. N72'050'32"El 740.18 FEET; THENCE
20. N17°28'12"W, 919.18 FEET; THENCE
21. N77008"16"El 1,635.84 FEET;THENCE
22. N77°08'04"E, 31.99 FEET;THENCE
23. N77006'455"Ej 31.97 FEET;THENCE
24. N77004'13'7E,31.95 FEET;THENCE
25._N77'000'26"E, 31.93 FEET;THENCE
26. N760551811E,31.91 FEET'-THENCE
27. N76048"53"E,,31.90 FEET;THENCE
28. N76°41'117Ej 31.88 FEET;THENCE
29. N76°32'11"E,31.86 FEET;THENCE
30. N76022'09"Ell 31.84 FEET; THENCE
31. N76°10'46"E, 31.81 FEET TO A POINT ON A CURVE CONCAVE NORTH AND HAVING A
RADIUS OF 8,543.85 FEET; THENCE
32. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03000171% AN ARC
DISTANCE OF 448.06 FEET TO A POINT ON A NON.-TANGENT LINE, A RADIAL LINE
THROUGH SAID POINT BEARS S16056'01"E;THENCE
33. N36°26'13"W, 148.64 ALONG SAID NON-TANGENT LINE;THENCE
34. N30*17"23"W, 2.1*52.47 FEET TO THE SOLTIH LINE OF THE SOUTHERN PACIFIC RAILROAD
CONMANY RIGHT-OF-WAY., 100.00 FEET WIDE;THENCE
35. LEAVING SAID BOUNDARY LINE OF SAID PARCEL MAP MS 759-88 AND ALONG SAID
SOUTH RIGHT-OF-WAY LINE N57000`001"E, 217.14 FEET TO AN ANGLE POINT THEREON;
*nihNCE
36. N55030'00"Es 132.00 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO AN ANGLE
POINT ON;THENCE
37. N.054030'00"E.2 233,34 FEET ALONG SAID SOUTH RIGHT-OF--WAY LINE TO AN ANGLE
POINT THEREON;THENCE
38. N52030100"Ey 20.36 FEET ALONG SAID SOUTH RIGHT-OF-WAY;THENCE
39. LEAVING SAID RIGHT-OF-WAY LINE, S39"15"00"E, 466.97 FEET;THENCE
2
40. N710072212E2 421.58 FEET TO A POINT ON THE BOUNDARY LINE OF THE BAYVIEW PARK
UNIT NO. 5 SUBDIVISION AS PER MAP FILED IN BOOK 115 AT PAGES 36 THROUGH 39
INCLUSIVE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID BOUNDARY OF SAID SUBDIVISION;
41. 554'017'48"Ev 73.63 FEET TO THE RIGHT-OF-WAY-LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD COMPANY; THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING SEVEN(7)COURSES:
42. S71007'22"W,,447.18 FEET; THENCE
43. S 18052'3 8"El 200.00 FEET;.THENCE
44. N71°07'22"E, 362.50 FEET; THENCE
45. S18052'38"El, 100.00 FEET; THENCE
46. N71007"22"Eft 637.50 FEET;THENCE
47. N18"52'38"W., 100.00 FEET;THENCE
48. N71007'22"E, 516.26.FEET TO THE SOUTHWESTERLY LINE OF SUBDIVISION 7661 AS PER
MAP FILED IN'BOOK 3 81 AT PAGES 44 THROUGH 48 INCLUSIVE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID CONTRA COSTA COUNTY;THENCE
49. S28010'05"E3, 746.85 FEET ALONG SAID SOUTHWESTERLY LINE AND ITS
SOUTHEASTERLY PROLONGATION TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTH AND HAVING A RADIUS OF 42250.00 FEET, SAID CURVE ALSO BEING THE SOUTH
LINE OF SAN PABLO AVENUE, 100.00 FEET WIDE, A RADIAL LINE THROUGH SAID POINT
BEARS N28017122"W; THENCE
50. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03006'33,02,AN
ARC DISTANCE OF 230.63 FEET TO THE POINT OF BEGINNING.
CONTARUNG: 211.44 ACRES,MORE OR LESS
PREPARED UNDER THE SUPERVISION OF:
"I R 0
T&ER...L.S. 49
HMENRY 3 3. DATE
3
EXHIBIT C
LAND USE MAP
The following Land Use Map represents the Project Area land uses set forth in the
current County General Plan. This Land Use Map is intended to reflect, for all property in the
Project Area, the land use designations of the Land Use Element of the General Plan in effect as
of the date of adoption of the Redevelopment Plan. Significant quality control measures have
been implemented to properly transfer the applicable General Plan land use designations for each
Project Area property onto this Land Use Map. However, to the extert of any discrepancy
between the land use designations for a given property shown on this Land Use Map and the
land use designation for that property shown in the Land Use Element of the General Plan in
effect on the date of adoption of the Redevelopment Plan, the land use designation shown in the
Land Use Element of the General Plan shall control and shall be deemed to constitute the land
use designation under this Redevelopment Plan. In addition, as stated in Part V.0 of the
Redevelopment Plan, the land uses shown on this Land Use Map shall be deemed to be
automatically modified as the Land Use Element of the General Plan may be revised from time
to time in order to maintain conformance of the Redevelopment Plan with the General Plan.
32011 7\1 64300.3 C-1
Approved by Board of Supervisors on 6/24/2003,with
additional language in italics added by the Board
EXHIBIT "OD"
MONTALVIN MANOR MIXED USE
TARA HILLS DRIVE / SAN PABLO AVENUE
GENERAL PLAN AMENDMENT
COUNTY FILE: GP#02-0004
Mixed Use—Montalvin Manor(M_)
The Montalvin Manor Mixed Use designation applies to two sites located at the
intersection of Tara Hills Drive and San Pablo Avenue, a site consisting of one parcel at
the northeast comer of the intersection and a site consisting of two parcels at the
southeast comer of the intersection. A range of neighborhood retail, residential, and
office uses are permitted in this designation to stimulate the upgrading and
redevelopment of the properties.
The site at the northeast comer of the intersection of Tara Hills Drive and San Pablo
Avenue is one parcel (APN: 403-030-005) comprising approximately 13 acres. The
mixed use designation is intended to encourage the mix of both residential and
neighborhood retail uses on this site. Residential uses could include a range of multi-
family or single-family residential uses, including but not limited to a mobilehome park
and senior housing. As a general guide the permitted density for residential development
is as follows: single family residential development on this site should be comparable to
the Single Family Residential—High Density (SH) under the General Plan in the range
of 6,000 to 7,000 square foot lots, and multi-family residential development on this site
should be within the range of 12 to 20.9 units to the acre, comparable to the Multiple
Family Residential — Medium Density (MM) designation under the General Plan. It is
acknowledged that the site is bisected by Garrity Creek a riparian corridor that presents
potential constraints to site development which may further limit development density.
To the extent feasible, the development of neighborhood retail on the site should be
oriented toward San Pablo Avenue.
The site at the southeast comer of the intersection Tara Hills Drive and San Pablo
Avenue is approximately 3 acres on two parcels (APN: 403-202-011/012). The mixed
use designation is intended to encourage the mix of both residential and neighborhood
retail uses on this site. Residential uses could include a range of multi- family or
single-family residential uses. As a general guide the permitted density for residential
development is as follows: single family residential development on this site should be
comparable to the Single Family Residential — High Density (SH) under the General
Plan in the range of 6,000 to 7,000 square foot lots and multi-family residential
development on this site should be within the range of 7.3 to 11.9 units to the acre,
comparable to the Multiple Family Residential — Low Density (ML) designation under
the General Plan. To the extent feasible, the development of neighborhood retail on the
site should be oriented toward San Pablo Avenue.
(insert text under the heading"Mixed Uses",pages 3-31 to 3-33,Land Use Element,
Approved by Board of Supervisors on 6/24/2003,with
additional language in italics added by the Board
Contra Costa County General Plan, 1995-2010)
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EXHIBIT D
INITIALLY PROPOSED ACTIONS AND PROJECTS
The initially proposed actions and projects include, but are not limited,to the following:
Affordable Housing Programs
The Agency's housing programs may consist of the following projects:
Homebuver Assistance Programs: The Agency will invest housing set-aside funds into
its Homebuyers Assistance.Program (HAP)for the Project Area.
Homeowner Assistance Programs: The Agency will contribute housing set-aside funds
to assist in the funding of their Single Family Housing Rehabilitation Loan Program,
Emergency Repair Loan Program (ERLP), and Exterior Beautification Loan Program.
Additionally, a special pram aimed at alleviating the overcrowding within the Project
Area will be -developed. This program will establish loans and grants to assist
homeowners to enlarge their homes to accommodate their family size and assist
homeowners to reconvert converted garages to covered parking.
Mobile Home Renovation Program: The Agency will develop a program to assist in the
renovation of Mobile Homes for low and moderate-income households.
Rental Assistance Programs: The Agency will contribute housing set-aside funds to
assist in the funding of their Rental Rehabilitation Loan Program within the Project Area,
Public Improvement and Facilities Programs
Public improvements and facilities projects include, but are not limited to,the following:
• Undergrounding Utilities
• Lighting
• Curb Ramps
• Sidewalks,including sidewalks along the north side of San Pablo Avenue
• Bike routes, including along San Pablo Avenue
• Drainage Improvements
• Pavement Maintenance(overlay/reconstruction)
• Improvements to Montara Bay Community Center
• Improved access to Community Center
• Improvements to Montalvin Manor Elementary School
320\1 7\1 64300.3 D-I
Redevelopment, Commercial Rehabilitation and Economic Development Programs
In order to support the commercial and economic programs, the Agency proposes the
following Commercial Rehabilitation and Economic Development Programs:
Revitalization/Rehabilitation Loan Programs: Provide funding to establish commercial
revitalization and rehabilitation loan and grant program to assist existing enterprises
renovate and if appropriate expand their facilities.
Economic Development Programs: Provide assistance in the redevelopment of blighted
or distressed properties. Assistance may include help assembling parcels, addressing
contamination of property, providing "ADN' improvements and access, recruitment of
desired tenants or users and assistance with needed on and off site improvements.
3201171164300.3 D-2