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FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTORCounty
Wn,.,.:
, Vein
DATE: APRIL 4, 2006
SUBJECT: HEARING ON THE WEST COUNTY WASTE WATER DISTRICT GENERAL PLAN
AMENDMENT, NORTH RICHMOND AREA (COUNTY FILE: GP#03-0003)
(SUPERVISORIAL DISTRICT 1)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN the public hearing and receive testimony on the West County Waste Water District
General Plan Amendment (County File: GP#03-0003);
2. CLOSE the public hearing;
3. ADOPT a Negative Declaration of Environmental Significance that this General Plan
Amendment would not result in any significant impacts on the environment and determine
that the environmental review is adequate for consideration of this General Plan
Amendment request, and DIRECT staff to file the Notice of Negative Declaration;
4. CONSIDER the recommendation of the County Planning Commission as contained in their
Resolution No. 12-2006;
5. ADOPT Resolution No. 2006/143 approving the West County Waste Water District
General Plan Amendment(County File: GP#03-0003),which re-designates Assessor Parcel
No. 408-190-031 and 408-190-029 to the Light Industry (LI) designation under the Land
Use Element Map to the Contra Costa County General Plan (2005-2020);
6. INCLUDE the adoption of this General Plan Amendment in the next consolidated General
Plan Amendment. -\
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
_X UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
- Co ntact: Patrick Roche, CDD-APD 925-335-1242 ATTESTED
cC: E.J.Shalaby,West County Waste Water District JOHN CUL LE CI&RK OF THE BOARD OF
Chair,North Richmond MAC SUPERVISOR AND COUNTY ADMININISTRATOR
Clerk of the Board
CAO
County Counsel
J.Kennedy,/D.Wells,Redevelopment Agency
B ✓! DEPUTY
��I i1 � �iva�" $'i EW�•
iApril 4, 200'
Board of Supervisors
County File: GP#03-0003, West County Waste Water District General Plan Amendment
Page 2
FISCAL IMPACT
All staff costs for the General Plan Amendment are covered by a fee charged to the
applicant.
BACKGROUND/REASONS FOR RECOMMENDATION
On February 24, 2004,the Board of Supervisors authorized a General Plan Amendment study
as requested by the West County Waste Water District for two parcels that the District owns,
which are located at the intersection of Richmond Parkway and Pittsburg Avenue in the
unincorporated community of North Richmond. The subject parcels are, Assessor Parcel No.
408-190-031 and 408-190-029, which are 19.6 and 9.1 acres respectively. Each parcel is
currently designated as Public/Semi-Public (PS) under the Land Use Element Map to the
Contra Costa County General Plan (2005-2020). The larger parcel (APN: 408-190-031)
contains four settling ponds used to dry out treated sewage sludge that is piped from the City of
Richmond's Wastewater Treatment Facility. The West County Waste Water District operated
the settling ponds under a contract with the City of Richmond, and the District is phasing out
this operation. The smaller parcel (APN: 408-190-029) is currently used as a flower growing
staging and distribution facility operated by Color Spot, Inc. under a lease agreement with the
West County Waste Water District. Color Spot, Inc. is planning to relocate its North Richmond
flower growing operations outside the Bay Area. The West County Waste Water District has
determined that these are surplus properties which are no longer essential to their operations.
The District desires to sell them at the highest and best use, and they believe that due to their
proximity to the Richmond Parkway the highest and best use of these properties would be
under a Light Industry (LI) land use designation.
The Contra Costa County Planning Commission on January 24, 2006, conducted a public
hearing on the matter of the proposed West County Waste Water District General Plan
amendment involving a request to re-designate Assessor Parcel Nos. 408-190-031 and 408-
190-029 from Public/Semi-Public (PS) to the Light Industry (LI) land use designation. The
County Planning Commission is recommending that the two parcels be re-designated to the
Light Industry (LI) land use designation (see Attachment #2: County Planning Commission
Resolution No. 12-2006 and Attachment#3: Staff Report and Recommendation to the County
Planning Commission, January 24, 2006).
The Community Development Department has prepared and noticed a proposed Negative
Declaration of Environmental Significance for this project(see Attachment#3: Staff Report and
Recommendation to the County Planning Commission, January 24, 2006,the Notice of Intent
.to Adopt Negative Declaration and Initial Study are included as Exhibit #2 to the report). No
comments have been received on the proposed Negative Declaration.
Attached for the Board's consideration is Resolution No. 2006/143 (listed under Attachment#1)
giving approval to the West County Waste Water District General Plan Amendment (County
File: GP#03-0003).
G1Advance Planning\adv-plan\General Plan AmendmentsMCWD GPA GP#03-0003\04-04-06BOWCWDGPA.doc
A< T
April 4, 2006
Board of Supervisors
County File: GP#03-0003, West County Waste Water District General Plan Amendment
Page 3
LIST OF ATTACHMENTS (5)
APRIL 4, 2006, BOARD REPORT
WEST COUNTY WASTE WATER DISTRICT
GENERAL PLAN AMENDMENT
(COUNTY FILE: GP#03-0003)
ATTACHMENT 1: DRAFT BOARD OF SUPERVISORS RESOLUTION NO. 2006/143
ATTACHMENT 2: COUNTY PLANNING COMMISSION RESOLUTION NO. 12-2006
ATTACHMENT 3: REPORT TO COUNTY PLANNING COMMISSION, JANUARY 24, 2006,
INCLUDING PROPOSED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE FOR THIS PROJECT
ATTACHMENT 4: NOTICE OF PUBLIC HEARING AND HEARING NOTICE MAILING LIST
ATTACHMENT 1: DRAFT BOARD OF SUPERVISORS
RESOLUTION NO. 2006/143
I
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THE BOARD OF SUPERVISORS OFCONTRA COSTA COUNTY, STATE OF Califomia
ADOPTED this resolution on April 4, 2006 by the following vote:
AYES: Uilkema, Piepho, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/143
SUBJECT: West County Wastewater District }
General Plan Amendment }
Re-designating Assessor Parcel Nos. 408-190-029/031 }
From Public/Semi-Public(PS) to Light Industry (LI) }
County File: GP#03-0003 }
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. 12-2006 adopted by
the Contra Costa County Planning Commission which discusses and recommends a an amendment to the
Land Use Element Map of the Contra Costa County General Plan (2005-2020) to re-designate Assessor Parcel
Nos. 408-190-029 and 408-190-031, which are located in the unincorporated community of North Richmond and
owned by the West County Wastewater District,from Public/Semi-Public(PS)to Light Industry(LI).
On Tuesday, April 4, 2006, the Board of Supervisors held a public hearing on said General Plan
Amendment (County File: GP#03-0003) discussed by the Contra Costa County Planning Commission,
Resolution No. 12-2006. Notice of said hearing was duly given in the manner required by law. The Board at
this hearing called for testimony of all persons interested in this matter.
On Tuesday, April 4, 2006, the Board ADOPTED a Negative Declaration of Environmental Significance
that the General Plan Amendment (County File: GP#03-0003) would not result in a significant impact on the
environment, determined that the environmental review conducted is adequate for consideration of this
General Plan Amendment, and directed the Community Development Department to file the Notice of
Determination for the Negative Declaration.
On Tuesday, April 4, 2006, the Board ADOPTED the General Plan Amendment (County File: GP#03-
0003) to re-designate Assessor Parcel Nos. 408-190-029 and 408-190-031 from Public/Semi-Public (PS) to
the Light Industry (LI) on the Land Use Element Map (as depicted in the map attached as Exhibit 1 to this
resolution) and directed that this General Plan Amendment be included in the NEXT consolidated General Plan
Amendment for 2006 as allowed by State Planning Law.
I hereby certify that the foregoing is a true and correct
Contact: P. Roche, Adv. Planning, CDD(335-1242) copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
cc: Community Development Department
CAO
County Counsel ATTESTED:
John Cullen, Clerk of the Board of
upervisors and County Administrator
By:
Deputy
RESOLUTION NO. 200 43
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ATTACHMENT 2: COUNTY PLANNING COMMISSION
RESOLUTION NO. 12-2006
I
RESOLUTION NO 12-2006
RESOLUTION OF THE COUNTY PLANNING COMMISSION, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, REGARDING A PROPOSED
GENERAL PLAN AMENDMENT (COUNTY FILE: GP#03-0003) RELATING TO
PARCELS OWNED BY THE WEST COUNTY WASTEWATER DISTRICT,
NORTH RICHMOND AREA
WHEREAS, on February 24, 2004, the Board of Supervisors authorized a General Plan
Amendment study, to consider re-designation of two parcels owned by the West County
WasteWater District from Public/Semi-Public (PS) to Light Industry(LI); and,
WHEREAS, for the purposes of compliance with the California Environmental Quality
Act (CEQA), the Community Development Department on December 5, 2005 issued a
Notice of Public Review and Intent to Adopt a Negative Declaration of Environmental
Significance and an Initial Study on the proposed General Plan Amendment and the
proposed Negative Declaration was posted and noticed as required by law; and,
WHEREAS, staff prepared a report and recommendation for the County Planning
Commission recommending the changes to the General Plan land use designation for the
subject parcels, and said report was made available to interested parties,
WHEREAS, after notice was lawfully given, the General Plan Amendment proposal was
scheduled for hearing before the County Planning Commission on January 24, 2006, at
which time testimony was taken, the hearing was closed; and, after having fully
reviewed, considered and evaluated all the testimony and evidence submitted in this
matter;
NOW, THEREFORE BE IT RESOLVED, that the County Planning Commission:
1) HAS CONSIDERED THE PROPOSED NEGATIVE DECLARATION AND
INITIAL STUDY as adequate for purposes of compliance with the California
Environmental Quality Act prior to forwarding a recommendation; and,
2) RECOMMENDS to the Board of Supervisors approval of the West County
WasteWater District General Plan Amendment (County File: GP#03-0003), as
recommended by staff, changing Assessor Parcel Nos. 408-190-029 and 408-190-
031 from Public/Semi-Public (PS)to Light Industry(LI)
NOW THEREFORE BE IT FURTHER RESOLVED, that the County Planning
Commission finds that pursuant to the Contra Costa County General Plan Growth
Management Element the proposed West County WasteWater District General Plan
Amendment (County File: GP#03-0003) would not cause a violation of any of the
Growth Management Performance standards as described in the Growth Management
Element.
The decision of the County Planning Commission was given on Tuesday, January 24,
2006 by the following vote:
AYES: Commissioners - R. Clark, C. Gaddis, H. Wong, M. Murray, M.
Terrell, and D. Snyder (Chair)
NOES: Commissioners - None
ABSENT: Commissioners - L. Battaglia,
ABSTAIN: Commissioners - None
Don Snyder, Chair of the County Planning Commission, County of Contra Costa, State of
California.
I, Dennis M. Barry, Secretary of the County Planning Commission hereby certify that the
foregoing was duly called and approved on January 24, 2006.
ATTEST:
o � •
Dennis M. Barry, Secretary f the
County Planning Commission,
County of Contra Costa, State of California
GMdvancc Planninodv-plm\Gmml Plan Ammdmmts\WMD GPA GN0l-O 3OP Ta no 12-2006.dac
ATTACHMENT 3: REPORT TO COUNTY PLANNING
COMMISSION, JANUARY 24, 2006,
INCLUDING PROPOSED NEGATIVE
DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE FOR THIS PROJECT
Agenda Item#4
Community Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY, JANUARY 24, 2006, 7:00 P.M.
WEST COUNTY WASTEWATER DISTRICT
GENERAL PLAN AMENDMENT
COUNTY FILE: GP#03-0003
STAFF REPORT AND RECOMMENDATION
I. INTRODUCTION
WEST COUNTY WASTEWATER DISTRICT(OWNER AND APPLICANT),GENERAL
PLAN AMENDMENT(COUNTY FILE: GP#03-0003). This is a proposed amendment to
the Land Use Element of the Contra Costa County General Plan(2005-2020)to re-designate
two parcels from Public/Semi-Public(PS)to Light Industry(LI). The two parcels are located
in the North Richmond area(an unincorporated community in Contra Costa County)at the
northwest and southwest quadrants of the intersection of the Richmond Parkway and
Pittsburg Avenue.The two parcels are owned by the West County Wastewater District.They
are Assessor Parcel No.408-190-029,which is 9.18 acres,and Assessor Parcel No.408-190-
031,which is 19.67 acres.The proposed action would not confer any entitlement or approval
for development on the subject parcels.
The location of Assessor Parcel Nos.408-190-029 and 408-190-031,which are the subject of
this requested General Plan Amendment are shown in vicinity aerial photograph listed under
Figure 1.
II. CEQA AND RELATED ACTIONS
Staff has processed a Negative Declaration of Environmental Significance on this project
and has circulated it to affected individuals and agencies. See Exhibit 2 for a copy of the
Negative Declaration and Initial Study. No comments have been received on this
document.
This staff report deals exclusively with the General Plan Amendment request. Should the
General Plan Amendment be approved,subsequent CEQAreview related to the development
of the subject properties under the new Light Industry (LI) land use designation will be
required.
1
III. PROJECT SETTING
The two parcels are bounded by the Richmond Parkway on the east,San Pablo Creek on the
north, Garden Tract Road on the west, and privately owned land on the south. Pittsburg
Avenue,which is an east-west street intersecting with Richmond Parkway, divides the two
parcels. Surrounding land uses of the adjoining properties are a sewage treatment plant,
recycling,industrial related facilities, and floricultural growing and distribution operations.
See Figure 1 the vicinity aerial photograph for the uses surrounding the two parcels.
Assessor Parcel No. 408-190-03 1(also known as the North Parcel) is 19.67 acres which
contains four settling ponds for sewage sludge produced by the City of Richmond and the
West County Wastewater District,and currently are operated and owned by the West County
Wastewater District.The ponds,which were built in the early 1980's,are filled from time to
time with treated sludge piped from the City of Richmond's Wastewater Treatment Plant and
allowed to stay in the ponds until the water evaporates. The dried sludge is then removed and
taken to the adjacent Richmond Sanitary Services landfill,where it is then disposed of as fill
and cover for the landfill. Prior to construction of the settling ponds, the site according to
known records had been used for storage or agricultural use. This site is generally flat with
no outstanding geologic or topographic feature(aside from a 3 foot high berm that separates
the parcel from San Pablo Creek on its north side. Ground level photographs of Assessor
Parcel No. 408-190-031 are provided under Exhibit 1.
Assessor Parcel No. 408-190-029 (also known as the South Parcel) is 9.18 acres and it is
currently used as a flower growing staging and distribution facility operated by Color Spot,
Inc. under a lease agreement with the West County Wastewater District. It contains
greenhouses,warehouses,and other structures associated with the operations of Color Spot,
Inc.These structures were built sometime between 1975 and 1977.The site has been used for
agricultural or related purposes since at least 1947. Contra Costa County in June 1974 issued
a Land Use Permit (County File: LP#2004-74) to the forerunner to Color Spot, Inc. for the
purpose of establishing a plant growing nursery in a Heavy Industrial District (H-1) zoning
district over several parcels, including this parcel. The site is generally flat and does not
contain any significant topographic or geological features. Ground level photographs of
Assessor Parcel No. 408-190-029 are provided under Exhibit 1.
2
IV. PLANNING BACKGROUND ON THE SUBJECT SITES
The West County Wastewater District has been conducted an inventory and review of
properties and facilities that it owns and operates within the North Richmond community.
Through this process the District has determined that Assessor Parcel Nos.408-190-031 and
408-190-029 are no longer essential to their operations and they desire to divest themselves
of these properties.
As a result of this process, the West County Wastewater District has decided to let expire
their contractual arrangement with the City of Richmond to operate sludge drying beds
located on APN: 408-190-031 (the North Parcel)and restore the site to its pre-development
condition.Upon restoration to pre-development condition,the District desires to offer the site
for public sale and they believe the highest and best use of the property would be for light
industrial use.
The South Parcel (APN: 408-190-029 is currently used by Color Spot, Inc. for it flower
growing operations under a year-to-year lease with West County Wastewater District.Color
Spot,Inc. long term plan is to relocate its operations out of the North Richmond area,which
would leave the property vacant. As noted above, the District has determined that the
property is no longer essential to their operations and would like to offer the property for
public sale once Color Spot, Inc relocates. They believe that the highest and best use the
property would be for light industrial use.
The two parcels are located within the boundary of the North Richmond Redevelopment
Project Area.
V. THE EXISTING COUNTY GENERAL PLAN
The subject parcels that make up this General Plan Amendment are currently designated as
Public/Semi-Public(PS)on the Land Use Element Map of the Contra Costa County General
Plan (2005-2020), and the parcels are inside the County's Urban Limit Line. The existing
General Plan designation for the subject parcels is identified in Figure 2A.
VI. ZONING
The subject parcels are currently within the P-1: Planned Development District zoning
established for the North Richmond community. The zoning for the subject parcels is
identified in Figure 2B.
3
VII. GROWTH MANAGEMENT CONSIDERATIONS
The public entities which serve the subject sites are:
Water East Bay Municipal Utility District
Sewer West County Wastewater District
Police Contra Costa County Sheriff Department
Local Parks Landscape District AD 199-3 (LL-2)
Regional Recreation East Bay Regional Park District
Fire Contra Costa County Consolidated Fire District
Schools West County Unified School District
The subject parcels are currently within all necessaryurban service districts and they have the
ability and an obligation to provide service to the subject parcels.There will be no violations
of the County General Plan growth management standards as a result of this General Plan
Amendment.
VIII. POLICY CONSIDERATIONS
Given the size of the subject parcels and their location within North Richmond the key policy
considerations related to this requested General Plan Amendment deal with appropriateness
and compatibility of the proposed land use designation with the surrounding land area and
goals and policies of both the County General Plan and the North Richmond Redevelopment
Plan.
The following is a discussion of the appropriateness of the proposed land use designation for
each parcel:
• Assessor Parcel No.408-190-031 (also known as the North Parcel)—This 19.67 acre
parcel currently contains four settling ponds for sewage sludge. The West County
Wastewater District operates these ponds to receive treated sludge from the City of
Richmond's Wastewater Treatment Plant and allowed to stay in ponds until the water
evaporates. This parcel is bounded by the Richmond Parkway on the east, Garden
Tract Road on the west, San Pablo Creek on the north, and Pittsburg Avenue on the
south. The existing land uses bordering this parcel include a sewage treatment plant,
industrial facilities, recycling operations, and flower growing operations. A key
question is whether or not designating the parcel to the Light Industry (LI)
designation would create an incompatible or conflicting land use with nearby land
uses, in particular nearby residences. The parcel is not proximate to any residential
uses and re-designation to LI would be compatible with existing nearby uses (now
predominantly industrial).
4
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• Assessor Parcel No.408-190-029(also known as the South Parcel)—This 9.18 acre
is currently leased from the West County Wastewater District by Color Spot,Inc.as a
flower growing staging and distribution facility. Color Spot Inc. This parcel is
bounded by Richmond Parkway on the east, Garden .Tract Road on the west,
Pittsburg Avenue on the north, and a private land on the south. The existing land
uses bordering this parcel include an automobile salvage yard, industrial facilities,
and flower growing operations. As noted above under discussion about the North
Parcel,the key question is whether or not designating the parcel to the Light Industry
(LI)designation would create an incompatible or conflict land use with nearby uses
or facilities, in particular nearby residences. This parcel like its counterpart (North
Parcel) is not proximate to residential uses and re-designation to LI would be
compatible with existing nearby uses.
In terms of General Plan policies and standards,the re-designation of both of these parcels to
LI would be consistent with and supportive of policies established for the North Richmond
community which calls for accommodation of industrial activities in areas where
development is carefully controlled to ensure compatibility between the industrial operations
and associated activities in harmonious character with the residential area of the community.
The type of uses contemplated under the LI designation for North Richmond range from
research, engineering, product development and testing, and sales development to light
manufacturing, warehousing, distribution centers, and commercial nurseries. For more on
North Richmond area, see pages 3-58 to 3-60, Policies for the North Richmond Area,Land
Use Element, provided under Exhibit 3 to this report.
As noted above under VII.Growth Management Considerations,the subject parcels are infill
development sites served by public services and the subsequent development under the LI
designation is unlikely to place a strain on public services. The re-designation to LI would
not cause a violation of the County General Plan growth management standards.
It is also noted that re-designation of the subject parcels to LI would be consistent with goals
and objectives of the North Richmond Redevelopment Plan.The Redevelopment Plan seeks
to provide public and private investment opportunities to create job opportunities and to
stimulate the economic revitalization of the North Richmond community. Establishment of
approximately 29 acres of LI designated land adjoining the Richmond Parkway would be in
furtherance of the Redevelopment Plan revitalization goals and objectives for North
Richmond. Staff from the Contra Costa County Redevelopment Agency has reviewed the
proposal to re-designate the subject parcels and supports this General Plan Amendment
request.
5
IX. AGENCY, CITIZEN GROUP,AND PUBLIC COMMENTS TO DATE
To date, the only public agency that has submitted comment on the proposed General Plan
Amendment has been the East Bay Municipal Utility District. EBMUD's comments focused
on matters pertaining to water line connections to the subject parcels.
The North Richmond Municipal Advisory Council (MAC) is aware of the General Plan
Amendment request for the subject parcels, as requested by the owner, the West County
Wastewater District, and the MAC has not raised any objections to the proposed change in
land use designation from Public/Semi-Public (PS) to Light Industry(LI).
X. RECOMMENDATION
A. Find that the Negative Declaration prepared for this project was presented to the County
Planning Commission and that the Commission reviewed and considered the information
contained in the Negative Declaration prior to making a decision on the project.
B. Adopt a motion to recommend that the Board of Supervisors approve the West County
Wastewater District General Plan Amendment(County File:GP#03=0003)to re-designate
Assessor Parcel No.408-190-031 (also known as the North Parcel)and Assessor Parcel
No. 408-190-029 (also known as the South Parcel) from Public/Semi-Public (PS) to
Light Industry(LI), as shown on Figure 3 to this report.
C. Request staff to forward this General Plan Amendment recommendation to the Board
of Supervisors for their approval.
6
List of Figures and Exhibits ( 9 Attachments)
Figure 1: Vicinity Aerial Photograph Showing Location of Subject Parcels,Assessor
Parcel Nos. 408 190-031 and 408-190-028, and the surrounding area
Figure 2A: Map of Existing General Plan Land Use Designation for Subject Parcels,
Assessor Parcel Nos. 408-190-031 and 408-190-028
Figure 2B: Zoning District for Subject Parcels,Assessor Parcel Nos. 408-190-031 and
408-190-028
Figure 3: Staff Recommended General Plan Land Use Designation for Subject
Parcels,Assessor Parcel Nos. 408-190-031 and 408-190-028
Exhibit IA: Ground Level Photographs of Assessor Parcel No. 408-190-031
Exhibit 1B: Ground Level Photographs of Assessor Parcel No. 408-190-028
Exhibit 2: CEQA Review: Notice of Negative Declaration and Initial Study and
Response to Notice of Negative Declaration
Exhibit 3: Excerpts from the Land Use Element, Contra Costa County General Plan,
(2005-2020), including: description of the Public/Semi-Public (PS) and
Light Industry(LI) use designations,pages 3-19 and 3-23; and, Policies for
the North Richmond Area, pages 3-58 to 3-60
Exhibit 4: Public Hearing Notification
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