HomeMy WebLinkAboutRESOLUTIONS - 04071987 - 87-209 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 7, 1987 by the following vote:
AYES: Supervisors Schroder, Fanden, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: In the matter of the RESOLUTION NO. 87/209
Alamo Villa General Plan Amendment
The Board of Supervisors of Contra Costa County Resolved that:
There is filed with this Board and its Clerk a copy of Resolution No. 1-87
(SR) adopted by the San Ramon Valley Regional Planning Commission proposing an
amendment to the County General Plan in the Alamo area along Danville
Boulevard. The Commission approval for the amendment area called for a change
to Office for the Swedberg property only.
On March 24, 1987, the Board held a hearing on said amendment. Notice of said
hearing was duly given in the matter as required by law. The Board at the
hearing called for testimony of all persons interested in this matter and
numerous persons spoke both in favor and in opposition to the amendment and to
the congregate care component of that proposed plan. At the conclusion of the
testimony, the Board closed the public hearing and continued the item until
April 7, 1987 for a decision.
On March 31,1987 the Director of Community Development submitted recommen-
dations outlining the options available to the Board and responding to other
concerns raised at public hearing. The Board discussed the plan amendment and
approved the plan as discussed in the aforementioned recommendations. Super-
visor Schroder moved and Supervisor Fanden seconded the motion which
especially included adding the Senior Citizen: Congregate Care general plan
category into this plan amendment. The Board further directed this resolution
to be prepared which outlines the Board decision on this matter. The revised
plan map and text are attached hereto as Exhibit A.
The Board hereby further finds that the proposed amendment will have a
significant impact on the environment. and that an Environmental Impact Report
was prepared and processed in compliance with the California Environmental
Quality Act and the County's Environmental Impact Guidelines. The Board
hereby adopts the findings included in Exhibit B with respect to the Alamo
Villa General Plan Amendment and CEQA findings on the significant
environmental effects identified in the EIR and the statements of overriding
considerations.
The Board further directs the County Community Development Department to
incorporate this amendment into a combined amendment to the General Plan which
this Board will consider for adoption during the 1987 calendar year as one of
the four permitted amendments to the mandatory elements of the County General
Plan.
JWC:e d I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
cc: Community Development Department Board of Supe rrl rs on a date shown.
County Counsel � _�
County Administrator ATTESTED:
County Public Works PHIL BATC LOR,Clerk of the Board
A I A of Supervisors and County Administrator
Merle mall Associates (I
c
J + Deputy
By
4b/87-209.jc
V
Exhibit A
MERLE HALL INVESTMENTS
GENERAL PLAN AMENDMENT
I . INTRODUCTION
This amendment pertains to the Land Use and Recreation Element of the
County General Plan. The amendment area consists of approximately four
acres of land east of Danville Boulevard between Jackson Way and the
Stone Valley Shopping Center.
II . LAND USE ELEMENT
This amendment changes the land use designation from Single Family Resi-
dential Low Density to Senior Citizen: Congregate Care, Single Family
Residential Low Density and Office. The land use designations in this
plan amendment are defined as follows and shown on Map A:
Senior Citizen: Congregate Care
This category allows for the development of .a senior. citi.zens. congregate
care housing project. Congregate care living` is''--a'•'h,outi'ng--,arrangement
which provides support services as part of housing for the elderly.
Congregate housing programs include t least one meal per day. Other
typical support services include cleaning, laundry, transportation,
recreation, education and counseling. Congregate living is designed to
serve those elderly who are at a high risk of institutionalization and
are no longer able to live along. To foster independence and self
respect, congregate facilities provide each resident with a small
private .unit including a kitchenette. Large common areas for lounging,
dining, administrative, vending, health or personal services and acti-
vity areas, foster a home atmosphere and draw residents out into healthy
social activities.
If senior housing is not constructed, the property will be limited to 1
to 3 Single Family Residential units per net acre as allowed by the
pre-existing General Plan on the site. The maximum. number of units for
this senior citizens facility will be limited to 118. The area desig-
nated for congregate care will be developed through the Planned Unit
Development process for the entire area in this designation.
Single Family Residential Low Density
This land use category provides for housing at 1 to 3 units per net
acre. The land covers the parcel which will continue to be designated
for single family use and is presently zoned R-20.
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Office
The category allows for general office uses. The site to be designated
Office is already zoned 0-1 and such designation will eliminate a
zoning/General Plan inconsistency.
III . RECREATION ELEMENT
The downtown park will be created within this amendment area. It will
serve both the general public and the residents of the adjacent senior
housing project and will be integrated into the design scheme for appli-
cations received under this plan amendment.
The exact size; location along Danville Boulevard; responsibility for
capital , operation and maintenance costs; and required amenities will be
resolved at the time of application review.
IV. SPECIAL CONSIDERATIONS
Development occurring under this amendment will need to be reviewed to
insure that extensive landscaping buffers are maintained and enhanced
between the senior project and adjacent single family residences.
The historic structures which exist on site should be either integrated
into the project design or moved to other locations :within the Alamo
community if feasible.
The project building on this site will be limited to two stories in
height; one story features shall be incorporated into the building de-
sign at various locations along Jackson Way.
V. GENERAL PLAN INTERNAL CONSISTENCY
This plan amendment clarifies certain wording found on Pages 19, 20 and
31 of the San Ramon Valley General Plan.
Page 20 of that document limits the expansion of commercial uses along
Danville Blvd. to the established designated commercial areas. While
there is a commercial component to a congregate care project, it is a
residential project. This amendment is consistent with that wording on
Page 20 of the plan; the congregate care project is not a transitional
commercial or office use but a compatible residential use.
On Page 19 of the aforementioned plan it states that Multiple Family
Residential Medium Density is the highest residential density considered
appropriate for the planning area. It is not reasonable to judge con-
gregate care facilities against conventional density measurements due to
the specialized nature of the housing. The creation of the Congregate
Care category together with its density cap of 118 units creates confor-
mity between these plan provisions.
Page 3:
Page 31 of the plan states specialized housing for the elderly should be
encourage and be of small scale. Since congregate care facilities
typically range from 100 to 300 units per facility and this site will be
limited to 118 units this project is to be considered a small scale
project.
Any other provision of the County General Plan which might be construed
as contrary to this amendment is overruled for this project location by
this plan amendment.
JWC:ed
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EXHIBIT B
FINDINGS WITH RESPECT TO
THE ALAMO VILLA GENERAL PLAN AMENDMENT
I . GENERAL FINDINGS
A. Senior Housing Needs in County.
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1. Facts . As indicated in the Staff Report,
the County General Plan housing element recognizes the
substantial needs in the County for senior housing . In 1980
9 .3% or 61, 043 persons within the County were 65 years of age
or older . The County General Plan housing element states that
by 1990 it is projected that 12 .3% or 92, 574 persons within the
County will be 65 years or older. This represents an increase
of 31, 531 persons from 1980 . Approximately 27% of the over-65
population live in single person households . Many of these
over-65 individuals are in need of special housing with small,
easy to care for dwelling units . As indicated in the EIR, in
Contra Costa County the over-65 group increased from 7% of the
population in 1970 to 10 . 7% in 1985 . The EIR also refers to
projections which indicate that the elderly (over-65) portion
of the population will increase by 50% during the next 15 years
and will comprise 13 . 5% of all County residents .
2 . Findings . This Board finds that the General
Plan amendment applicable to the Project Site will serve the
goals and objectives to provide senior housing as set forth in
the County' s General Plan. The General Plan Amendment to
Senior Citizen-Congregate Care is in furtherance of, and
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consistent with the General Plan objective of offering a range
of housing densities in order to provide for a variety of
family sizes, income levels, and age groups . In particular,
this Board finds that the need for senior housing in the County
is growing at a substantial rate and that the General Plan
Amendment is a step towards implementing the housing element of
the County General Plan.
B. Senior Housing Needs in Alamo .
1. Facts . The Staff Report states that in 1980
the Alamo population of over-65 individuals was 5 . 8%. This
figure for Alamo is 38% less than the county-wide percentage of
over-65 residents as of 1980 . In addition, the median age in
Alamo was 36. 3 in 1984, whereas the median age is 31. 5 for the
entire County. The EIR indicates that although many other
Contra Costa County planning areas contain MFH designations
allowing densities of up to 29 dwellings per acre, the highest
residential density indicated by the San Ramon Valley Area
General Plan is 21 dwellings per unit acre. Written evidence
prepared by Majors Engineering and submitted to the Board
indicates that 99 . 1% of the total acres within Alamo (as
defined by the application for incorporation on file with
LAFCO) is allocated to residential use and that the Alamo Villa
parcel would represent only . 037% of the land within Alamo .
The Board has received evidence that the Applicant ' s proposed
project for a congregate care facility falls within the average
density range for congregate care projects . The Laventhol &
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Horwath Market Study for a Proposed Adult Congregate Living
Facility in Alamo, California, dated December 1986 stated as
follows : "The Project ' s density of 42 units per acre will be
reduced to approximately 36 units per acre with the addition of
the Conrad property. This density is considered average among
the competitive properties, and is not excessive for a unit
structure of this type. "
2 . Findings . The Board finds that the
disproportionately low proportion of Alamo over-65 residents
indicates that senior citizens within Alamo are having to
relocate from the Alamo community to other areas of the County
at such time as either their special health needs require
specialized care or they are unable to care for their
residences . The Board finds that the fact that the median age
is higher for Alamo residents indicates that a substantial
portion of Alamo ' s residents will fall within the elderly
category in the near future in comparison with other areas of
the County. The Board finds that the General Plan Amendment
represents an effort to comply with the updated housing element
of the County which was adopted by the Board on April 23 ,
1985 . In particular, the Board finds that the General Plan
Amendment is consistent with the policy objective set forth in
the San Ramon Valley Area General Plan housing element which
provides that specialized housing for the elderly should be
encouraged.
3
3 . Swedberg Parcel General Plan Amendment .
(a) Facts . As indicated in the Staff
Report and the EIR, the Swedberg Parcel is currently zoned
limited office (0-1) . However, the current General Plan
designation is for SFL. The Swedberg Parcel is currently
improved with a four-tenant office building containing dental
services, real estate and other office space in a structure
converted from a single family residence. Since there are no
current plans for the removal of the structure on the Swedberg
Parcel, the General Plan Amendment can eliminate the
inconsistency between the zoning for the parcel and the SFL
designation in the General Plan.
(b) Findings . This Board, in accordance
with state law, is obligated to eliminate inconsistencies
between its General Plan and zoning and finds that the General
Plan Amendment designation for office will bring the zoning and
general plan into conformance. This Board adopts the
recommendation of the staff that the General Plan Amendment is
an opportunity to eliminate the zoning-general plan
inconsistency.
4 . General Findings .
(a) For the reasons set forth in the
Planning Department 's Staff Report dated December 17, 1486, the
General Plan Amendment is consistent with, and will further
many of the goals and objectives of the County General Plan and
the San Ramon Valley Area General Plan.
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(b) The General Plan Amendment is only the
first of the number of discretionary approvals that must be
obtained by Applicant prior to commencement of any development
project on the Project Site. Subsequent approvals that must be
obtained include rezoning of the Alamo Villa Parcel from R-20
to P-1 and for a preliminary and final development plan for the
Alamo Villa site.
(c) The General Plan Amendment by itself
will not directly result in any significant effects on the
environment . The EIR, prepared at the time of the General Plan
Amendment and rezoning request, addressed impacts which may be
attributable to the development of the Project Site as has been
proposed by Applicant in preliminary plans for Alamo Villa, a
proposed Senior Housing Congregate Care facility. Further
environmental review and consideration, including the
implementation of any appropriate mitigation measures or
project alternatives, will necessarily occur during the
approvals process for any development plan for the site which
may subsequently be submitted. . To the extent that any of the
impacts identified in the EIR may be indirectly attributable to
the General Plan Amendment, an explanation of mitigation
measures and a statement of overriding considerations with
respect to those impacts are set forth in Section III below.
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II. CEQA FINDINGS ON THE SIGNIFICANT ENVIRONMENTAL EFFECTS
IDENTIFIED IN THE EIR AND STATEMENT OF OVERRIDING
CONSIDERATIONS
A. Significant Impact - Community Character And Land
Use.
The EIR indicates that the increase in residential
units and population resulting from the MFH designation would
represent a significant change in the neighborhood character .
1. Facts . The General Plan Amendment
designation for the Project Site has been changed to Senior
Citizen-Congregate Care from the MFH designation considered in
the EIR. The change in the General Plan Amendment to Senior
Citizen-Congregate Care mitigates many impacts on the community
or environment which otherwise could result from the MFH
designation for the Project Site. The Staff Report cites the
General Plan housing element statement that the intensity of
land use is generally less for senior housing projects than
multi-family housing projects and that communities may
facilitate the production of additional elderly housing by
adjusting parking requirements, density and fees and exactions
in recognition of these differences .
The General Plan Amendment designation to Senior
Citizen-Congregate Care provides that the actual number of
units will be determined on a case-by-case basis upon review of
each specific development application. The proposed General
Plan Amendment described in the EIR included the Lindemann
Parcel in order to provide an opportunity to create a larger
6
congregate care facility. This General Plan Amendment has
excluded the Lindemann Parcel . The Staff Report indicates that
the area surrounding the Project Site consists of both
residential and commercial land uses . The residential areas
situated to the east and north of the Project Site ,are
characterized by. large lot single .family ranch-style homes,
whereas commercial uses exist to the west and south of the
Project Site. The Staff Report indicates that directly west of
the Project Site, across Danville Boulevard, is a mixed use
office, banking, restaurant and retail shopping center
.development known as Alamo Plaza. To the south, on the
Swedberg Parcel, (.which is within the Amendment Area) , is a
four-tenant office structure having various medical and
commercial uses . In addition, the Staff Report indicates that
beyond the Swedberg Parcel is the Stone Valley Center which is
an older shopping center . The Staff Report further indicates
that during prior General Plan Amendment hearings in 1984
affecting this property, members of the Staff, the community,
and the Planning Commission suggested that the property would
be appropriate. for a senior multiple family use designation.
2 . Findings . The Board finds that the Senior
Citizen-Congregate Care designation will substantially mitigate
impacts related to a MFH designation. By restricting the
General Plan designation for the Project Site to senior
housing/congregate care, the Board finds that many of the
impacts on a community generally associated with higher density
7
projects (i .e. , apartments) are not applicable. The Board
further finds that any potential impact on the community and
land use by the General Plan Amendment could be substantially
mitigated during the project design and review stage with
mitigation measures suggested in the EIR, or upon further
=environmental review. The Board further finds that the impact
on the community and neighborhood character resulting from the
General Plan Amendment is less significant when viewed in the
context of the mixed retail, commercial and residential uses
surrounding the Project Site. In addition, the Board finds
that the potential impact on the community and land use has
already been mitigated by the exclusion of the Lindemann Parcel
from the Amendment Area and the redesignation to Senior
Citizen-Congregate Care, as were mitigation measures identified
in the EIR.
To the extent that any such -impact remains
unmitigated, this Board finds that such impacts are acceptable
in light of the overriding social, economic and other
considerations set forth in Section III . The Board finds that
additional means of mitigating the significant impacts will
also be analyzed at the time the Development Plan Applications
for the site are reviewed.
B. Significant Impact-Traffic, Circulation And
Transportation-Vehicular Traffic .
The EIR indicates a minimum impact arising as a result
of the total trips projected from a congregate care facility
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and the resulting contribution to the traffic volumes on a
surrounding street network. The EIR further indicates that the
construction of a congregate care facility on the Project Site
would make any future widening of Danville Boulevard between
Orchard Court and Jackson Way less feasible.
1 . Facts . The General Plan Amendment will
allow development to occur which will result in a minimum
impact on the traffic circulation system. The EIR indicated
that the widening of Danville Boulevard is "not justified" by
the traffic impacts resulting from a congregate care facility
on the Project Site. Insofar as the traffic generated from
such a facility is concerned, the Staff Report states that the
traffic impact of senior citizen housing facilities are often
characterized by low auto ownership. The EIR estimates that
the proposed congregate care facility would add only one to two
percent to the current traffic volumes .
2 . Findings . The Board finds that the minimal
impact on traffic can be mitigated during project design and
review with mitigation measures as suggested in the EIR,
including the allocation of a portion of the traffic mitigation
fee toward the installation of a traffic signal at the Danville
Boulevard and Livorna Road intersection, the requirement that
the developer construct frontage improvements on Danville
Boulevard, (including streetlights) and the annexation of the
Project Site to County Service Area L-42 . The Board further
adopts the finding of the EIR that the widening of Danville
9
FAQ R117 12-11
Boulevard may not be justified by the traffic impacts of the
currently proposed senior housing facility; however, at the
time of project review it can be determined whether to retain
the option for such widening, in which case the applicant could
be required to dedicate sufficient land so as to permit a
100-foot right of way along Danville Boulevard. To the extent
any such traffic impacts attributable to the General Plan
Amendment remain unmitigated, this Board finds that such
impacts are acceptable in light of the overriding social,
economic, and other considerations set forth in Section III
below.
C. Significant Impact-Traffic, Circulation and
Transportation-Pedestrian Traffic.
The General Plan Amendment will allow the development
of a congregate care facility which may result in additional
pedestrian traffic. The EIR indicates the potential impact on
traffic flow resulting from the efforts of elderly persons with
limited mobility to cross Danville Boulevard.
1. Facts . The Staff Report indicates that
additional pedestrian traffic may result in the area, partially
as a result of the convenient shopping, medical and banking
services which will be proximate to the Project Site.
2 . Findina. The Board finds that the impacts
on increased pedestrian traffic and on traffic flow can be
mitigated during the project design and review stage with the
mitigation measures as suggested in the EIR, including
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channelization of left turn movements with traffic islands to
mitigate potential safety hazards . Applicant has also proposed
providing shuttle transportation to mitigate impacts on
pedestrian safety and heighten access to shopping areas . The
Board further finds that this impact identified in the EIR is
not a significant impact on the environment . To the extent
additional pedestrian traffic will. have any impact on the
environment, the Board finds that it will be mitigated by the
conditions set forth in the EIR or other mitigation measures
imposed at the project review stage. To the extent any such
impact remains unmitigated, this board finds such impact is
acceptable in light of the overriding social, economic and
other considerations set forth in Section III , below.
D. Significant Effect-Traffic, Circulation and
Transportion-Parking .
The EIR identifies the impact of a senior housing
facility on the need for on-site parking spaces . The General
Plan Amendment would allow development of a senior housing
congregate care facility, while the on-site parking can be
mitigated during the project design and review stage.
1. Facts . The EIR furnishes an analysis of
parking demand data for several existing senior housing
congregate care facilities in the Bay Area . The study set
forth in the EIR indicates that most senior housing residents
will not own cars and that a parking ratio of approximately .35
parking spaces per unit would provide sufficient capacity.
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2 . Finding . The Board adopts the finding of
the EIR that parking demand for a senior- housing congregate
care facility should be lower on a per unit basis than the
demand created by a typical multi-family residential
development project. The Board further finds that there is no
=evidence that the parking demand will cause a substantial or
potentially substantial adverse change in the environment .
Accordingly, the Board finds that this impact identified in the
EIR will not have- a significant effect on the environment . To
the extent this impact will have any effect on the environment,
the Board finds that it is mitigated by the mitigation measures
set forth in the EIR, including the adoption of a variance to
the county' s parking requirements . To the extent any such
impact remains unmitigated, this Board finds such impact is
acceptable in light of the overriding social, economic and
other considerations set forth in Section III, below.
E. Significant Effect-Public Services And
Facilities .
The EIR indicates that while EBMUD anticipates no
difficulty in serving the Project Site with water, the adequacy
of the water system to supply the required fire flow should be
confirmed. Similarly, the EIR indicates that there are no
apparent system capacity problems related to Central Contra
Costa Sanitary District ' s ability to serve the Project Site
once it is annexed to the District . The impact on the
feasibility of Contra Costa County Flood Control District to
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serve runoff resulting from development of the Project Site was
cited as an issue in the EIR requiring further study.
1. Facts. The General Plan Amendment will
enable development to. occur which will result in a need for the
basic range of urban services from public utilities . The Staff
Report indicates that while further study is required, there
are no known service constraints from public utilities
resulting from the General Plan Amendment . Any possible
significant impact can be identified, and, if necessary
mitigated, during the project design and review stage and the
mitigation measures suggested in the EIR incorporated into a
particular project . Such mitigation measures include the
requirement that the Applicant fund an analysis of local water
lines and storage capabilities and further fund a drainage
study to ascertain the adequacy of the storm water drainage
system in the vicinity of the Project Site. In addition, the
EIR indicates that the Applicant will be required to meet the
connection requirements of the Central Contra Costa Sanitary
District .
2 . Findings . The Board finds that there is no
evidence based on curent studies and information that the
potential impact on public services and facilities associated
with the Senior Citizen-Congregate Care General Plan
designation will cause any substantial or potentially
substantial adverse change in the environment . Accordingly,
subject to obtaining necessary service commitments from the
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appropriate public utility districts, the Board finds that this
impact identified in the EIR is not significant . To the extent
this impact will have any effect on the environment, the Board
finds that it is, or will be mitigated by the mitigation
measures set forth in the EIR, or by additional mitigation
measures recommended by future studies . To the extent any such
impact remains unmitigated, this Board finds that such impact
is acceptable in light of the overriding social, economic and
other considerations set forth in Section III , below.
F. Significant Effect-Park and Historic
Resources .
The EIR indicates that one impact arising from the
Congregate Care Facility proposed by Applicant (and not
necessarily resulting from this General Plan Amendment) is that
the development project would preclude a . 5 acre downtown park
at the corner of Danville Boulevard and Orchard Court as
proposed in the Alamo Park, Open Space, Conservation, and
Recreation Plan (APRP) .
1. Facts . The APRP is not part of the County' s
General Plan and has not been adopted by the Board of
Supervisors . This General Plan Amendment proposes to amend the
Recreation Element of the County General Plan by designating
the location of the "downtown park" within the Project Site.
The General Plan Amendment would provide that the park will
serve the general public and the residents of the senior
housing-congregate care facility. To date, the County Service
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RAW 8
Area (CSA) R7-A which covers Alamo has, according to the Staff
Report, taken no steps towards the acquisition of the site.
However, in furtherance of the mitigation measures suggested in
the EIR, the Applicant has proposed a focused park facility at
a location on the project . site. In addition, the Applicant has
'proposed to develop and maintain the focused park facility in
satisfaction of one of the mitigation measures set forth in the
EIR. The development of the park site by the Applicant could
be imposed as a condition of approval when the project plan and
design applications are reviewed. Similarly, the issue
concerning the precise location of the park on the Alamo Villa
site would be analyzed at the planning stage of any project .
The Applicant could be required to contribute an appropriate
park and recreation mitigation fee.
2 . Findings . The Board finds that any
potential impact on the downtown park contemplated by the APRP
could be substantially mitigated during the project design and
review stage with the mitigation measures suggested in the EIR
including the proposal for development and maintenance of a
focused park facility as advanced by Applicant . The Board
finds that by amending the recreation element of the General
Plan to include a designation for a downtown park which would
serve both the general public and residents of the Congregate
Care Facility, the potential impact' is substantially
mitigated. To the extent any such impact remains unmitigated,
this Board finds such impact is acceptable in light of the
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overriding social, economic and other considerations set forth
in Section III, below.
G. Significant Impact-Parks and Historic
Resources-Humburg House.
The EIR indicates that the Congregate Care Facility
permitted by the General Plan Amendment could potentially
impact the Humburg House built in the 1860 ' s . The Humburg
House is situated on the Alamo Villa site.
1. Facts . Further review of the historical
value of the Humburg House is required. A letter from' the
Historical Society describing the history of the house is in
Appendix B of the Draft EIR. The determination of the status
of the Humburg House should properly occur during the project
design and review stage. The General Plan Amendment provides
that "The historic structures which exist on site should be
either integrated into the project design or moved to other
locations within the Alamo community if feasible. As indicated
in the Staff Report, the Applicant has indicated that this home
would probably have to be removed and that it would be
difficult to integrate it into the project concept for a
Congregate Care Facility. If further studies determine that
the historic value of the Humburg House is significant , the
Applicant could be required to contribute to the relocation
cost of the structure to an appropriate location or to redesign
its project .
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2 . Findings . The Board finds that the General
Plan Amendment will substantially mitigate any impact on the
Humburg House since it provides that the historic structures
will either be integrated into the project design or relocated
to an appropriate location, if feasible, within the Alamo
=community. The Board further finds that impacts on the
historic structures can be mitigated during the project design
and review . stage with mitigation measures suggested in the
EIR. To the extent any such impact remains unmitigated, this
Board finds such impact is acceptable in light of the
overriding social, economic and other considerations set forth
in Section III , below.
H. Significant Impact-Scenic Corridor and
Visual .
The EIR indicates that the visual character of the
Project Site will be changed from a heavily vegetated area with
structures of modest scale to a more open setting with
comparatively large structures of unified design.
1. Facts . The Staff Report indicates that the
Project Site has a "decidedly overgrown appearance. " This
Staff Report further notes that, except for one of the
existing buildings located along Jackson Way, the structures
appear to be in poor condition and the yards exhibit "minimal
care" . The EIR states that the area of the building coverage
and height proposed by the Congregate Care Project proposed by
Applicant does not exceed the limits of R-20 zoning . The
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EMU
General Plan Amendment provides, as a special consideration,
that development will "need to be reviewed to insure that
extensive landscaping buffers are maintained and enhanced
between the senior project and adjacent single family
residences . " Additional measures designed to mitigate the
=scenic and visual aspect of a senior housing Congregate Care
Project can be determined at the project design and review
stage.
2 . Findin4s . The Board finds that the General
Plan Amendment will allow development to occur which will
impact the visual character of the site; however, the General
Plan Amendment substantially mitigates any such impact by
expressly providing for "extensive landscaping buffers" and
other mitigation measures which should be reviewed at the
project design and review stage. To the extent any scenic and
visual impact attributable to the General Plan Amendment
remains unmitigated, this Board finds such impacts are
acceptable in light of the overriding social, economic and
other considerations set forth in Section III , below.
I . Significant Impact-Noise.
The EIR identifies the "negligible impact" to existing
noise levels arising from a senior housing facility on the
property. The EIR cites the impact of the existing noise
levels on occupants of such a facility.
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1. Facts . The existing noise levels are
estimated to exceed 65 dba. The Project Site is located
approximately 900 feet west of I-680 and, as indicated in the
EIR, expected growth in the San Ramon Valley over the next 20
years will contribute to increased freeway noise levels .
jTestimony has been presented that the over 65 population
utilizing the senior housing facility creates far less noise
than the population otherwise commonly found in a multi-family
residential high density project. The impacts on residents of
the facility can be mitigated during the project design 'and
review stage with mitigation measures suggested in the EIR,
including an accoustical analysis and other measures utilized
to reduce noise levels .
2 . Findings . This Board finds that there is no
evidence that the impact on noise levels associated with a
Senior Citizen-Congregate Care Facility will cause any
substantial or potentially substantial adverse change in the
environment . The Board finds that any noise impacts on
residents can be mitigated during the project design and review
stage with the mitigation measures suggested in the EIR. To
the extent any such noise impacts attributable to the General
Plan Amendment remain unmitigated, this Board finds such
impacts are acceptable in light of the overriding social,
economic and other considerations set for in Section III ,
below.
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EERY
J. Significant Impact-Growth Inducement .
The EIR identifies certain growth inducing impacts
associated with the General Plan Amendment. Specifically, the
EIR indicates that the then proposed General Plan Amendment
Application to MFH would constitute the first approval in the
vicinity of the Project Site of a residential density higher
than the existing single family residential designation. The
EIR indicates that this increase in density may provide a
precedent which creates pressure for growth in adjacent areas .
1. Facts . The EIR indicates that the impact on
growth could be accelerated if the then proposed MFH General
Plan Amendment designation for the Project Site was not limited
to the development of a Congregate Care Facility. This General
Plan Amendment limits the use of the Project Site to a Senior
Citizen-Congregate Care Facility and mandates that if the
Project Site is not used for Senior Citizen-Congregate Care,
that the property will be limited to single family residential
housing . Legal counsel for Applicant submitted to this Board a
letter dated April 4 , 1987, outlining additional legal
mechanisms providing assurances that the Project Site will be
used for Senior. Citizen-Congregate Care. These measures which
are agreeable to Applicant include (1) a PA Zoning restriction
on the use to Senior Citizen-Congregate Care; (2) recordation
of a Declaration of Covenants, Conditions and Restrictions
restricing the use of the Property; and (3) a statutory
Development Agreement stipulating to the restricted use. In
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addition, all of the facts referenced in Section II . 1 of these
findings are hereby incorporated into this Section J.
2 . Findings. The Board finds that the
restrictions on alternative uses set forth in the General Plan
Amendment text together with the mitigation measures set forth
-in the .EIR (and as set forth in Section II .A herein) which may
be imposed on future project approvals will substantially
mitigate the growth inducing impacts associated with this
General Plan Amendment . To the extent any such impacts remain
unmitigated, this Board finds such impacts acceptable in light
of the overriding social, economic and other considerations set
forth in Section III , below.
III . STATEMENT OF OVERRIDING CONSIDERATION
The Board finds that the mitigation measures or
project alternatives necessary to further mitigate or avoid the
significant environmental effects identified in the EIR are
infeasible. Such measures and alternatives would impose'
limitations and restrictions on the development of the Project
Site which would prohibit attaining the specific social,
economic and other benefits of the General Plan Amendment which
the Board finds , outweigh the unavoidable or unmitigated
impacts, and which justify approval of the General Plan
Amendment .
Specifically, the Board finds .that the following
social, economic and other considerations warrant approval of
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the General Plan Amendment notwithstanding any unavoidable or
unmitigated adverse effects : The General Plan Amendment to
Senior Citizen-Congregate Care is justified by the.. need to
increase the housing supply in the County, at a range of
density providing for a variety of family sizes, and age groups
in order to accommodate the County' s growing elderly
population. The Board hereby restates the facts and findings
setting forth the specialized housing needs for seniors in the
County, and in the Alamo area in particular, as set forth in
Section I of the findings made herein. In addition, the
proximity of the Congregate Care Facility to commercial
shopping areas and services is particularly appropriate for
senior citizens, many of whom do not drive. The proximity of
the site to commercial and service areas f.or elderly residents
will serve to reduce traffic impacts in other portions of the
San Ramon Valley area and offer many of our senior .citizens who
do not drive the unique opportunity to function in a more
independent fashion. In addition, the Congregate Care
designation at this particular location willprovide
compatibility with mature residential developments adjoining
office and commercial uses by serving as a transition from
lower density housing to office/commercial uses .
Although the General Plan Amendment designation for
senior housing is not project specific, the EIR contains a
mitigation measure, which has been generally adopted by the
current Applicant, for a downtown area park to be developed and
22
maintained on the Project Site as part of the Congregate Care
project . Since no acquisition or sources of funding for this
park have been forthcoming, the development of such a park
could be used by both the public and by senior citizens
residing at the Congregate Care Facility and thereby provide
'substantial social benefits to the community.
IV. PROJECT ALTERNATIVES
A. No Project Alternative.
This alternative would leave the amendment area
with a single family residential-low density designation of one
to three units per acre.
1. Facts . The EIR, the County General Plan and
the Staff Report all identify the special housing needs of
elderly citizens within the County. The EIR states that a
negative aspect of the no project alternative is that it fails
to utilize the Project Site either for the downtown park or to
help fulfill demands of the housing element for moderate income
housing for seniors, young singles and marrieds . The Staff
Report indicates many of the unique features of the Project
Site which make it particularly attractive for senior housing .
2 . Findings . The Board finds that the no
project alternative is infeasible for the following reasons :
(a) Mitigation measures incorporated into
the Congregate Care Facility project, or imposed as conditions
of approval to such project, will substantially mitigate the
23
environmental effect and thereby diminish or obviate the
perceived mitigation benefits of adopting the no project
alternative;
(b) Housing opportunities would be lost,
particularly for elderly persons;
(c) Short term prospects for development of
a downtown park would .be lost;
(d) Employment opportunities would be lost;
and the social, economic and other benefits derived from the
General Plan Amendment discussed in Section III , above, would
not be obtained.
B. Reduced Scale Congregate Care Alternative.
This alternative would either reduce the density of
building coverage on the .Project Site to provide for a General
Plan Amendment with designation to MFL (7 to 12 units per net
acre) , MFM (12 to 21 units per net acre) , or MFH (22-29 units
per net acre) , rather than 44 units per net acre as was
requested by Applicant under the submitted Preliminary
Development Plan. It should be noted that under the General
Plan Amendment for Senior Citizen-Congregate Care the maximum
number of units for the Applicant ' s proposed senior citizen
facility will be limited to 118, or approximately 38 . 5 units
per net acre.
Since the actual number of approved units will be
determined pursuant to the Planned Unit Development (PUD)
process at the time the Development Plan is reviewed, it would
24
be inappropriate for this Board to reject a reduced scale
congregate care project alternative at this time.
1. Facts . Although a scaled-down project could
reduce the impact on parking, traffic and visual impacts, the
EIR indicates that a reduction in density would not resolve the
=downtown park issue. In addition, a reduction in project
density may not mitigate project impacts in a manner similar to
a reduction in density for a multiple family housing project
(i .e. , apartment), since senior citizen facilities generate less
noise, automobile traffic and parking needs . (See Staff Report
and EIR. ) A reduced scale facility would add fewer living
units to the San Ramon Valley area housing stock for elderly
citizens . As the number of permitted units in the Congregate
Care Facility is decreased, the affordability of all levels of
senior citizen housing would be lessened. In addition, as the
number of permitted units is decreased, the ability to provide
a variety of project amenities and personal services severally
associated with congregate living facilities would be
decreased. Although further study on the economic feasibility
of a reduced scale project may be required at the development
plan stage, the ability of the Applicant to dedicate or fund
attractive mitigation measures such as the development and
maintenance of a downtown park, the possible dedication of a
portion of the Project Site so as to allow for a 100-foot
right-of-way on Danville Boulevard, and the relocation of
historic on-site structures of value to the community would
25
��I LD U g.
• 'likely be decreased. As described in the EIR, a project with
less building coverage would not reduce the parking impacts,
although traffic and visual impacts would be proportionally
reduced over a project having greater building coverage on the
site. An alternative project excluding construction of any
structure on AP #192-071-010 and -011 could provide land for
the downtown park, however, if the overall number of units was
reduced, the impacts on housing supply and affordability and
the ability of the developer to fund attractive mitigation
measures could also be reduced.
2 . Findings . The Board finds that a thorough
review of a reduced scale alternative should be performed at
the Development Plan review stage and not upon the adoption of
the General Plan Amendment . Nevertheless, in view of the fact
that a Preliminary Development Plan has been submitted by
applicant, the Board renders a preliminary finding that this
alternative is infeasible for the following reasons :
(a) Mitigation measures incorporated into
the applicant ' s proposal, or imposed as conditions of approval
of the congregate care proposal, will substantially mitigate
the environmental effects of the project, thereby diminishing
the perceived mitigation benefits of adopting this project
alternative;
(b) A reduction in the number of units
would reduce the housing opportunities for senior citizens;
26
• (c) The affordability of the housing units
to senior citizens would likely be reduced;
(d) The economic feasibility for a
developer of the Congregate Care Facility to finance attractive
mitigation measures such as dedication and maintenance of a
=downtown park, possible dedication of a portion of the Project
Site so as to allow for a 100-foot right-of-way .on Danville
Boulevard, and a contribution to the relocation of potentially
historically significant homes to other suitable locations
would likely be reduced;
(e) A General Plan Amendment to a MFH
designation would not preclude apartment projects occupied by
residents typically generating greater environmental impacts
than a senior citizen facility; and
(f) A reduction in the number of units
would result in a degradation in the amenity package for
residents of the project (i .e. , recreational facilities,
library, convenience store) .
C. Multiple Family Residential - No Congregate Care
Proiect Alternative.
This alternative would not be a Congregate Care
Facility, but would consist of apartments, townhouses or garden
apartments for lease or purchase.
1. Facts . This multi-family alternative could
provide for multiple family residential, low density (7-12
units/net acre) or multiple family residential, medium density
27
. 1 (13-21 units/net acre) . The highest density of this
alternative would yield approximately one-half as many units as
the project proposed by Applicant . The specialty housing needs
of elderly citizens would not be satisfied. This alternative
may not have less visual impact than a more intensive
=congregate care facility project . However, townhouse or
apartment users will have greater parking needs which require
more area and landscape screening, although less land will be
available for such landscape screening. As indicated in the
EIR, the additional requirements for parking space may preclude
the development of a downtown park. Also, an apartment or
townhouse project would likely have a higher building coverage
of the site and greater traffic impacts than congragate care.
The alternative will likely have a greater impact on the
surrounding neighborhood in terms of noise, light, glare,
traffic, safety and general activity due to differences in age,
facility amenities, and resident activities, as indicated in
the EIR.
2 . Findings . The Board finds that the multiple
family housing no congregate care alternative should be
rejected in favor of the General Plan Amendment for the
following reasons:
(a) Mitigation measures incorporated into
the Applicant' s proposal, or imposed as conditions of approval
of the congregate care proposal, will substantially mitigate
the environmental effects of the project, thereby diminishing
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. R
F
. the perceived mitigation benefits of adopting this project
alternative;
(b) The housing opportunities for senior
citizens will be lost; particularly at a location that is
ideally situated for senior citizens to have access to nearby
commercial and retail areas;
(c) The affordable housing opportunities to
senior citizens will be lost;
(d) The economic feasibility for a
developer of a multiple family housing facility to finance
attractive mitigation measures such as dedication and
maintenance of a downtown park, dedication of a portion of the
project site so as to allow for 100-foot right-of-way on
Danville Boulevard, and sharing in the relocation of
potentially historically significant homes to other suitable
locations will be less likely than a senior housing-congregate
care project; and
(e) A General Plan Amendment to a multiple
family residential designation would not preclude apartment
projects occupied by residents typically having greater
environmental impacts than low impact senior citizen users .
DAG:mc/5
0693S/04 . 13 . 7
72053 . 001
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