HomeMy WebLinkAboutMINUTES - 05132008 - D.3 TO: BOARD OF SUPERVISORS
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costa
FROM: DENNIS M. BARRY, AICP, INTERIM DIRECTOR
DEPARTMENT OF CONSERVATION AND DEVELOPMENT �
. County
DATE: MAY 13, 2008
SUBJECT: HEARING ON A PROPOSED URGENCY INTERIM ORDINANCE TO EXTEND A
MORATORIUM ON CERTAIN LAND USE DEVELOPMENT IN THE NORTH RICHMOND
AREA OF THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY (DISTRICT 1)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. OPEN public hearing; ACCEPT any testimony related to proposed Interim Ordinance No.
2008-18, and CLOSE.the hearing.
B. FIND that the extension of the Interim Ordinance is exempt from the review requirements of
the California Environmental Quality Act (CEQA) because the adoption of this ordinance
does not have the potential to cause a significant effect .on the environment [CEQA
Guidelines Section 15061(b)(3)]'.-
C.
5061(b)(3)].-C. ADOPT Ordinance No. 2008-18 (see attached ordinance) to extend a moratorium on certain
land use development in the North Richmond area for one year, to May 13, 2009.
D. DIRECT the Community Development Department to post a Notice of Exemption with the
County Clerk.
CONTINUED ON ATTACHMENT: X YES SIGNATURE 1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ( '. APPROVED AS RECOMMENDED XOTHER X
V��jE 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
Contact: David Brockbank(925)335-7237 ATTESTED /
JOHN CULLEN, CWNqk OF THE BOARD OF
Orig: Redevelopment Agency SUPERVISORS ANff6OUNTY ADMINISTRATOR
cc: County Counsel
Building Inspection Division
Building Inspection Division., Property Conservation BY DEPUTY
North Richmond Municipal Advisory Council
May 13, 2008
Board of Supervisors
Second Extension of Urgency Ordinance Prohibiting Certain Land Use Development in an area of North Richmond
Page 3
III. BACKGROUND /.REASONS FOR RECOMMENDATIONS - continued
The second phase of the work ,program has been initiated. This second phase involves
evaluation of plan alternatives, and identification of a preferred plan concept. Once the
preferred concept plan has been defined the third phase of the work program will then
be initiated The preferred plan will be prepared in the form of a Specific Plan document
and an Environmental Impact Report (EIR) will be prepared based on this plan. It is
expected that the draft Specific Plan and draft EIR will be simultaneously be released in
early January 2009. Hearings before the County Planning Commission on the Draft
Specific Plan and Draft EIR are targeted for February-March, 2009. Following hearings
before the County Planning Commission, the Specific Plan and EIR will be prepared in
final form for consideration by the Board of Supervisors, and hearings before the Board
on the final Specific Plan and EIR are projected to occur in April-May, 2009.
Before the existing interim ordinance expires, State law allows the Board of Supervisors
to extend the period of the urgency interim ordinance a second time for one year;
provided that the Board is able to make the required finding and that the Board approves
the extension by a four-fifths vote. This second proposed extension is needed to provide
for ongoing prohibition of certain land use development within the specified area of North
Richmond while staff prepares a report to the Board for amending the General Plan land
use designations and draft the specific plan that will regulate future property
development within the specified subject area.
It should also be noted that were the Board to adopt the proposed second extension to
the interim ordinance, under Government Code Section 65858, the urgency interim
ordinance would remain in effect until May 13, 2009.
IV. COMPLIANCE WITH THE REVIEW REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The basic purpose of the California Environmental Quality Act (CEQA) is jo inform
governmental decision makers and the .public about the potential, significant
environmental effects of. proposed discretionary activities, including activities directly
undertaken by a government'agency.
The proposed adoption of the extension of the urgency interim ordinance is exempt from
the provisions of CEQA because staff has determined, with certainty, that the adoption of
an urgency interim ordinance prohibiting certain land use development in the North
Richmond Area of unincorporated Contra Costa County will not have a significant effect
on the environment. The proposed ordinance would have the effect of short-term
restriction on the establishment of a land use activity that might otherwise affect the
environment. Section 15061(b) (3) of the CEQA Guidelines exempts projects from the
review requirements of CEQA that meet this criterion.
ADDENDUM
D.3 May 13, 2008 Land Use Moratorium Extension in North Richmond
Patrick Roche, Community Development Department, presented. the staff report as outlined in the Board
order.
Supervisor Gioia said concerns had been raised by local businesses regarding staging areas for materials for
projects already permitted. He requested an additional item be added to the ordinance under Section 1V.
Exemptions as follows:
IV (e)
Any application for an administrative permit that authorizes the temporary use of property as a
contractor's yard for the storage of construction materials and equipment, provided the application is
for a temporary contractor's yard that is incidental to a permitted construction project. The maximum
term of a permit issued for a temporary contractor's yard authorized by this subsection is six months;
however, upon application, an administrative permit may be renewed and extended for one successive
six-month term. Any temporary contractor's yard authorized by this subsection shall have perimeter
fencing that does not exceed six feet in height. No permit shall be issued that authorizes any of the
following at a temporary contractor's yard:
(1) One or more permanent structures.
(2) One or more facilities for the prefabrication, processing, or assembling of building
components or materials.
There were no requests from the public to speak on this matter.
Chair Glover closed the hearing.
By unanimous vote, with all Supervisors present, the Board adopted the recommendations as amended today
to include the new exemption.
Attachment #1
Ordinance No. 2008-18, Urgency Interim Ordinance
ORDINANCE NO. 2008-18
URGENCY,JNTMq-M ORDINANCE.EXTENDING MORATORIUM ON.
CERTAIN LAND USE DEVELOPMENT IN THE NORTH RICHMOND-AREA
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. FINDINGS AND PURPOSE.
A. The area of North Richmond bounded by San Pablo Creek on the north, Wildcat Creek
on the south, Richmond Parkway on the west, and the Union Pacific railroad tracks on
the east (the"North Richmond Area") is designated in the County General Plan primarily
for heavy industrial and light industrial land uses.
B. Existing land uses in the North Richmond Area consist primarily of floricultural growing
and distribution operations, and also include recycling and auto dismantling operations, a
resource recovery facility, and a water reclamation facility.
C. An analysis prepared for the Contra Costa County Redevelopment Agency evaluated the
current and future demand for industrial space in North Richmond. The analysis found
that most industrial land in North Richmond is underutilized or vacant, and that the type
of industrial development that has occurred in recent years is not generating high levels
of employment. The analysis also found that based on projected demand, there is an
oversupply of land reserved for industrial development in North Richmond. The analysis
further found that there is expected to be a high demand from young families and first-
time homebuyers living in West Contra Costa County.for residential development in
North Richmond.
D. The Board of Supervisors has approved a development plan for a 370-unit residential
development on two parcels located at 500 Pittsburg Avenue in North Richmond (APN
408-170-072 and 408-18.0-010; County Files GP#04-0008 and DP#05-3024). In
approving the development plan, the Board amended the County General Plan to
designate the two parcels as Multiple Family Residential —Medium Density(MM). The
parcels were previously designated Heavy Industrial (HI) and Light Industrial (LI).
E. The board of Supervisors has authorized the Community Development Department'to
undertake a General Plan amendment study relating to multiple parcels bounded by.3`d
Street, the Union Pacific railroad tracks, Wildcat Creek and San Pablo Creek. This area
is within the North Richmond Area. The purpose of the study is to evaluate changing the
General Plan land use designation on the parcels from Heavy Industrial (HI) and Light
Industrial (LI) to residential uses, in support of a proposed master planned residential
development that would also include commercial and public uses. (County File GP#07-
ORDINANCE NO. 2008-18
1
0008.)
E.. The Board of.Supetvism- as also authorized the Community Development Department
to prepare a Specific Plan for the North Richmond Area in order to provide policy
direction on future development within the area,.including.the type,location, and
intensity of uses, design and capacity of public improvements and.infrastructure, and the
resources necessary to finance and implement public improvements and infrastructure.
(County File SP#07-0001.)
G. This ordinance is necessary to proceed with an orderly.planning process that takes into
account the General Plan amendment study and Specific Plan study for the North
Richmond Area. A threat to the public health, safety, and welfare would result if any
land-use entitlements or building permits are accepted and approved under the existing
General Plan industrial land use designations in the North Richmond Area. Industrial
uses typically involve operations characterized by noise, emissions, significant truck
traffic for the delivery of goods and supplies, and other conditions. These conditions
normally require spatial separation from residential areas in order to avoid disruption to
residential populations. If uses are allowed in the North Richmond Area under the
existing General Plan industrial land use designations, they could conflict with and defeat
the purpose of the General Plan amendment study and Specific Plan study, which is to
consider establishing planning regulations that authorize residential uses. The failure to
enact this moratorium during the stated period may result in significant irreversible
change, in that new industrial uses would conflict with the contemplated changes to the
character of the North Richmond Area.
SECTION II. EXTENSION. The moratorium established by Ordinance No. 2007-27 and
continued by Ordinance No. 2007-30 is extended for one year from the effective date of this
ordinance.
SECTION III. PROHIBITION. The existing moratorium on development in the North
Richmond Area is continued as follows:
(a) While this interim ordinance is in effect, no new land use shall be established and no
existing land use shall be expanded within the North Richmond Area, except as otherwise
provided in Section IV. No applications for land-use.entitlements or building permits
shall be accepted or processed, and no land-use entitlements or building permits shall be
approved or issued, for any parcel or portion of a parcel located within the North
Richmond Area.
(b) This moratorium applies to the area bounded by San.Pablo Creek on the north, Wildcat
Creek on the south, Richmond Parkway on the west, and the Union Pacific railroad tracks
on the east, all as shown on Exhibit A, which is attached and incorporated by reference.
ORDINANCE NO. 2008-18
2
1
SECTION TV. EXEMPTIONS. The prohibition set forth in,Section III does not apply to any
of the'followi"ing:
(a) Any application for a land-use entitlement or building permit for any use or structure
specified in the development plan for 500 Pittsburg Avenue in North Richmond (APNs
408-170-072 and 408-180=010; County Files GP#04-0008 and'DP#05-3024), as approved
by the Board of Supervisors on February 13, 2007.
(b) Any application for a land-use entitlement or building permit for any use or structure,
specified in the development plan or approved subdivision for 2250-2258 Central Street
in North Richmond (APNs 408-260-001, 408-260-002; 408-260-003, 408-260-004, 408-
190-051, 408-190-052, and 408-190-053; County Files DP#02-3045, SD#06-9054,
SD#06-9055, and SD#06-9056).
(c) Any application for a land use entitlement or permit that authorizes the construction of a
hydrogen pipeline to deliver hydrogen from the Chevron Refinery in Richmond to the
Shell Refinery in Martinez (the Contra Costa Pipeline Project; County File LP#07-2009).
(d) Any application for a land use entitlement or permit or permit amendment that would
modify the existing use of the West County Integrated Resource Recovery Facility,
located at 101 Pittsburg Avenue (Assessor Parcel No. 408-300-038), provided the
modification would discontinue or reduce the facility's existing permitted transfer station
functions and allow.either recycling uses or household hazardous waste drop-off uses, or
both.
(e) Any application for an administrative permit that authorizes the temporary use of
property as a contractor's yard for.the storage of construction materials and equipment,
provided the application is for a temporary contractor's yard that is incidental to a
pennitted construction project. The maximum term of a permit issued for a temporary
contractor's yard authorized by this subsection is six months; however, upon application,
an administrative permit may bexenewed and extended for one successive six-month
term. Any temporary contractor's yard authorized by this subsection shall have perimeter
fencing that does not exceed six feet in height. No permit shall be issued that authorizes
any of the following at a temporary contractor's yard;
(l) One or more permanent structures.
(2) One or more facilities for the prefabrication, processing, or assembling of
building components or materials.
ORDINANCE NO. 2008-18
3
•
SECTION V. REPORTS. In accordance with subdivision (d) of Government Code section
65858, ten days before the expiration of this ordinance, the Community Development
Department shall file with the Clerk of this Board a written report describing the measures taken
to alleviate the conditions that led to-the adoption of this.urger7'--y iriterirn ordinance:
SECTION VI. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or to be
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other
ordinance provisions or clauses or applications thereof that can be implemented without the
invalid provision or clause or application, and to this end the provisions and clauses of this
ordinance are declared to.-be severable.
SECTION VII. DECLARATION OF URGENCY. This interim ordinance is hereby declared
to be an urgency ordinance for the immediate preservation of the public safety, health, and
welfare of the County, and it shall take effect immediately upon its adoption. The facts
constituting the urgency of this interim ordinance's adoption are set forth in Section 1.
SECTION VIII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon
passage by four-fifths vote of the Board and shall continue in effect for a period of one year
pursuant to Government Code section 65858. Within 15 days of passage, this ordinance shall be.
published once with the naives of the supervisors voting for and against it in the Contra Costa
Times, a newspaper published in this County.
PASSED ON_May 13, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla and Glover
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: JOHN CULLEN �.
Clerk of the Board of Supervisors Bo rd Chair
and Cou Administrator
.By: [SEAL]
putt'
ORDINANCE NO. 2008-18
4
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Attachment #2
Report to the Clerk of the Board
on Extension of Urgency Interim Ordinance
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT REPORT ON
EXTENSION OF URGENCY INTERIM ORDINANCE
PROHIBITING CERTAIN LAND USE DEVELOPMENT IN THE
NORTH RICHMOND AREA
Pursuant to Government Code 65858 (d), the following report describes the measures taken to
alleviate the condition that led to the adoption of the interim ordinance (Ordinance No. 2007-30).
On June 5, 2007, the Board of Supervisors adopted an urgency interim ordinance prohibiting
certain land use developments in a specified area of North Richmond. The Board of supervisors
authorized a ten month and fifteen day extension to the interim ordinance on July 10, 2007. The
extension to the Ordinance was adopted in order to provide the County an opportunity to conduct
a General Plan Amendment study (GP#07-0008) and to prepare and complete a Specific Plan
(SP#07-0001) for a specified industrial area of North Richmond. During the first extension to
the.Ordinance, the Community Development Department has retained two separate consultants
to provide assistance in preparing the Specific Plan and the associated Environmental Impact
Report (EIR) for this project. Additionally, a public outreach effort was initiated to engage
members of the North Richmond community, various stakeholders, and other interested parties
as part of the Specific Plan process. Unless the Board of Supervisors authorizes a second
extension, the interim ordinance will expire on May 25, 2008.
Additional time is needed in order to complete the three phase work program for the Specific
Plan. The first phase of the work program has been completed. This involved the identification
of issues and assumptions and the completion of an opportunities and constraints analysis. The
second phase of the work program, which has been initiated, involves the evaluation of plan
alternatives and identification of a preferred plan concept. The third and final phase is divided in
two parts: A) the preferred concept for the Specific Plan is formally prepared, and B) the EIR is
drafted to analyze any potentially significant impacts the project may have on the environment.
Staff has taken additional measures to alleviate the conditions that led the Board to approve the
first extension to the Urgency Interim Ordinance. These additional Measures include:
• The Community Development Department having followed the County adopted
procurement procedures, retained consultants that will assist in preparing and completing
the Specific Plan and associated EIR.
• County Staff have partnered with the City of Richmond and submitted letters of
agreement for Provisionally Accredited Levee (PAL) designation to the Federal
Emergency Management Agency (FEMA) for both San Pablo and Wildcat Creeks. This
beorins the FEMA certification process for all the levees by updating the Flood Insurance
Rate Map for the Specific Plan area.
Attachment #3
Boundary Map of the Urgency Interim Ordinance
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Legal No. 0002778997
West County '�imes NOTICE OF PUBLIC
HEARING BEFORE THE
P O Box 100 CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
Pinole, CA 94564 ON PLANNING MATTERS
(51 0) 262-2740 NORTH RICHMOND AREA
NOTICE is hereby given
that on Tuesday, May '
13,2008.at 9:30 am.,in
the County Administra-
tion Building Board
Chambers, 651 Pine
Street (Corner of Pine
Clerk of the Board of Supervisors and Escobar Streets),
Martinez, California,the
June-Rm 106,65 l Pine St., 1 st Fl. Contra costa county
Board of Supervisors
Martinez CA 94553-1275 will conduct public
hearing to conss public
the
following planning mat-
ter:
PROOF OF PUBLICATION Hearing on a proposed
extension of an Urgency
Interim Ordinance to
continue to prohibit cer-
tain land use developp-
FILE NO. 2157B ment in the North Rich-
mond area of the unin-
corporated area of Con-
In the matter of sb;subject area isnbounded
by 3rd Street to the
west, the Union Pacific
Railroad tracks to, the
east, Wildcat Creek and
San Pablo Creek. (Dis-
trict 1)
The location of the sub-
I am a citizen of the United States and a resident of the County unit area is within the
unincorporated territory
aforesaid; I am over thea a of eighteen ears, and not art to or of the County of Contra
9 9 Y party Costa, State of Califor-
interested in the above-entitled matter. nia, generally identified
above (a more precise
description may be ex-
amined in the Office of
I am the Principal Legal Clerk of the West County Times, a Director of Community
Development, County
newspaper of general circulation, printed and published at 2640 Administration Bulld-
Shadelands Drive in the City of Walnut Creek, County of Contra ing).
For the purposes of
Costa, 94598 compliance with the
alifor-
n,a Envi onmentarovisigns of theCQuali-
ty Act (CE A), the ex-
And which newspaper has been adjudged a newspaper of general tension of We)' Urgency
Intericirculation by the Superior Court of the County of Contra Costa, empt f om the ereview
State of California, under the date of August 29, 1978. Case requirements of cEQA
insofar as the adoption
Number 188884. of this ordinance would
not have the potential to
cause a significant ef-
fect on the environment
The notice, of which the annexed is a printed copy(set in type not [PEQ1506 Guidelines Sec-
tion -
small than nonpareil), has been published in each regular and entire vironmental Impact Re-
port required).
issue of said newspaper and not in any supplement thereof on the Ifyou challenge this
following dates, to-wit: matter in court, you
5/3/2008 may be limited to rais-
ing only those issues
you or someone else
raised at the public
hearing described in the
notice,or in written cor-
respondence.
Prior to the hearing,
Community Develop-
ment Department staff
will be available on
Tuesday,May 13,2008 at
9:00 a.m. in Room 105,
1st Floor,Administration
Building,651 Pine Street,
Martinez, California, to
meet with any interest-
ed persons in order to
2M) answerquestions;
review the hearing
procedures used by the
Board; (3)clarify the is-
sues 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 De-
veloPment Department,
at(925)335-1242 by 3:00
p m.on Monday,May 12,
2008 to confirm your
participation.
I certify(or declare) under the penalty of perjury Date:April 30,2008
that the foregoing is true and correct. JOHN CULLEN, Clerk of
the
Board of the Board of
Executed at Walnut Creek, California. supervisor and
On this 14 day of May,20R8 County Administrator nning
BY:Jane Pennington,
Deputy Clerk
West CounTimes
277,947
May 3,200,
Signature
1/M01?
Contra Costa Times Legal No. 0002779853
NOT CE BEE PUBLIC
HEARING BEFORE THE
CONTRA COSTA COUNTY U
P O Box 4147 BOARD OF SUPERVISORS
ON PLANNING MATTERS
Walnut Creek, CA 94596 NORTH RICHMOND AREA
(925) 935-2525 NOTICE is hereby given
that on Tuesday, May
13,2008,at 9:30 amL,in
the County Administra-
tion Building Board
Chambers, 651 Pine
Street (Comer of Pine
Clerk of the Board of Supervisors and Escobar Streets),
Martinez, California, the
June- Rm 106,651 Pine St., Ist Fl. Contra Costa County
Board of Supervisors
Martinez CA 94553-1275 will conduct public
hearing to conss public
the
following planning mat-
ter:
PROOF OF PUBLICATION Hearing on a proposed
extension of an Urgency
Interim Ordinance to
continue to prohibit cer-
FILE NO. 2157 tarn land use developp-
ment In the North Rich-
mond area of the unin-
corporated area of Con-
In the matter of su Costa County. The
subject area is bounded
by 3rd Street to the
west, the Union Pacific
Railroad tracks to the
easSant'PabloWildcat
Creek
(Dis-
trictl)
The location of the sub-
I am a citizen of the United States and a resident of the Count uni area within the
Y unincorporated territory
aforesaid; I am over thea a of eighteen ears, and not art to or of the County of Contra
9 9 Y party costa, state of Califor-
interested in the above-entitled matter. nia, generally identified
above (a more precise
description may be ex-
amined in the Office of
I am the Principal Legal Clerk of the Contra Costa Times, a Director of Community
Development, Count
newspaper of general circulation, printed and published at 2640 Administration Buildy
ing).
Shadelands Drive in the City of Walnut Creek, County of Contra For the purposes of
Costa, 94598 compliance with the
provisions of the Califor-
nia Environmental Quali-
ty Act (CEQ A), the ex-
And which newspaper has been adjudged a newspaper of general tension of the Urgency
circulation by the Superior Court of the County of Contra Costa, empt Interim oma the ereview
of CEA
State of California, under the date of October 22, 1934. Case insofar asnthe adoption
Number 19764. of this ordinance would
not have the potential to
cause a significant ef-
fect on the environment
The notice, of which the annexed is a printed copy(set in type not [i EQ 5061 ( es
(b)3)] Sec-
ion
than nonpareil), has been published in each regular and entire vironmental Impact Re-
port required).
issue of said newspaper and not in any supplement thereof on the If you challenge this
following dates,to-wit: matter in Court, you
5/2/2008 may be limited to rais-
ing only those issues
you or someone else
raised at the public
hearing described in the
notice,or in written cor-
respondence.
Prior to the hearing,
Community Develop-
ment Department staff
will be available on
Tuesday,May 13,2008 at
9:00 a.m. in Room 105,
1st Floor,Administration
Building,651 Pine Street,
Martinez, California, to
meet with any interest-
ed persons in order to
(1) answer questions;
(2) review the hearing
procedures used by the
Board; (3)clarify the is-
sues being considered
by the Board; and, (4)
grovide an opportunity
o identify, resolve, or
narrow any differences
which remain in dispute.
If you wish to attend
this meeting with staff,
please call Patrick
Roche, Community De-
velopment Department,
at(925)335-1242 by 3:00
. p ii on Monday,May 12,
2008 to confirm your
participation.
I certify(or declare) under the penalty of perjury Date:April 30,2008
that the foregoing is true and correct. JOHN CULLENI Clerk of
the Board of the Board
of Supervisor and
Executed at Walnut Creek, California. county Administrator
On this 13 day of Ma ,2008 De:utynClerkPennington,
Legal CCT 2779853
Publish May 2,2008
Signature