To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Byron Corners Gas Station General Plan Amendment and Rezoning.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on the Byron Corners Gas Station Project, RECEIVE testimony, and CLOSE the public hearing.
2. FIND that the mitigated negative declaration prepared for the Byron Corners Gas Station Project adequately analyzes the project’s environmental impacts, that there is no substantial evidence the project will have a significant effect on the environment, and that the mitigated negative declaration reflects the County’s independent judgment and analysis.
3. ADOPT the mitigated negative declaration, dated April 19, 2023, prepared for the project.
4. Adopted the mitigation monitoring and reporting program for the project.
5. ADOPT a resolution amending the General Plan to change the land use designation of the project site from Single-Family Residential-High Density (SH) to Commercial (CO) (County File No. CDGP10-00003).
6. ADOPT Ordinance No. 2024-12, rezoning a portion of the project site (APNs 002-140-025 and 002-140-027) from General Agricultural (A-2) to Retail Business (R-B) (County File No. CDRZ13-03222).
7. APPROVE the Land Use Permit/Development Plan for the project to allow the construction and operation of a gas station, convenience store, and restaurant, including a variance for a free-standing sign within the front setback and exceptions to Title 9 collect and convey requirements and detention basin requirements (County File No. CDLP/DP13-02025).
8. APPROVE the findings in support of the project.
9. APPROVE the project conditions of approval.
10. APPROVE the Byron Corners Gas Station Project.
11. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk.
12. SPECIFY that the Department of Conservation and Development, located at 30 Muir Street, Martinez, California, is the custodian of the documents and other material that constitutes the record of proceedings upon which the decision of the Board of Supervisors is based.
FISCAL IMPACT:
None. The applicant is responsible for paying all application costs.
BACKGROUND:
The Byron Corners gas station and convenience store have been in operation since the 1980’s. The applicant is seeking approval to demolish all improvements and construct a new larger gas station and convenience store/restaurant. As the General Plan designation for the site is Single-Family Residential High-Density (SH), a General Plan Amendment from SH to Commercial is necessary. The site also has two different zoning designations, A-2 General Agricultural District and R-B Retail Business (R-B). Thus, the project also includes a rezoning request to change the A-2 portion of the site to R-B for overall consistency with the required zoning and planned Commercial General Plan designation.
April 10, 2024 County Planning Commission Meeting
The County Planning Commission considered the project at its April 10, 2024 meeting. After receiving staff’s presentation and taking public comments from the applicant and several individuals in opposition to the project, the Commission closed the public hearing. As part of the Commission’s deliberation, the Commission reiterated concerns of the neighbors that drainage/flooding and traffic was a concern at this location. The Commission acknowledged the hydrological report prepared for this project which found that post development rainwater runoff volumes will be reduced compared to existing amounts by installing a series of drainage features including detention basins.
The Commission recommended the addition of condition of approval #16 that if approved will require the applicant to make a good faith effort to have fuel deliveries to occur after 7 pm. Implementation of this condition of approval is intended to have delivery vehicles avoid rush hour traffic and potential vehicle queuing back-ups on Camino Diablo. After consideration of the environmental review, the prepared findings/conditions of approval and need to balance individual property rights with limiting impacts to the surrounding community, the Commission voted unanimously in favor of recommending the Board approve the project.
Project Description
The applicant is requesting approval of a General Plan Amendment (GPA), rezoning and land use permit/development plan to allow for the following:
1. GPA from Single-Family Residential-High Density (SH) to Commercial (CO),
2. Rezoning of Assessor’s Parcel Numbers: 002-140-025 and 027 from A-2 General Agricultural District (A-2) to Retail Business District (R-B),
3. Land Use Permit/Development Plan combination,
4. Demolition of 908 square-foot existing gas pump canopy,
5. Demolition of a 2,180 square-foot convenient store,
6. Construction of a new 4,652 square-foot gas pump canopy,
7. Construction of a new 3,713 square-foot convenient store,
8. Construction of a new 1,145 square-foot retail space to be used as a restaurant,
9. Type 21 Alcohol Sales License - Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold), and
10. Variance for a free-standing sign within the front setback (2 feet proposed, 10 feet required).
The project will also include 23 off-street parking spaces (plus 12 spaces at pump dispensers for 35 total), 2 Americans with Disabilities Act compliant spaces and 2 electric vehicle spaces, 12 new gas pump dispensers, a 54 square-foot monument sign, access improvements, drainage improvements, and landscaping. Site preparation will consist of 1,927 cubic yards of total grading (246 cubic yards of cut, and 1,681 cubic yards of import) which will result in raising the elevation of the property by approximately 2 feet. One existing water well will be decommissioned and relocated to the southeastern portion of the site.
Two exception requests have been submitted. The first is to Section 914-2.004 of the County Ordinance which requires that all storm water originating on the project site be collected and conveyed to an existing adequate storm drainage system which conveys the storm water to an adequate natural watercourse. The second is to Section 914-12.010 which requires maintenance of a detention basin facility through either an existing public maintenance entity or by the creation of a public maintenance entity.
Site/Area Description
The subject site consists of three irregularly shaped parcels (Assessor’s Parcel Numbers: 002-140-010-, 025, and 027) located in the community of Byron. The northern portion of the site is developed with a gas station, convenience store and small restaurant. Access to the gas station is achieved via two driveways, one directly adjacent to Byron Highway and the other on Camino Diablo. The southern portion of the site is developed with a single-family residence. Parcels in the vicinity range in size from 0.30-acre residential sites, to over 100-acre agricultural operations. Other zoning districts in the immediate vicinity are A-2 General Agricultural District, R-6 Single-Family Residential District, and General Commercial. The Union Pacific Railroad Company owns and operates a railroad directly to the west of the site.
Environmental Review
A Mitigated Negative Declaration (MND) was prepared for the project. The initial study identified potentially significant impacts in the areas of air quality, cultural resources, hazards/hazardous materials, transportation/traffic, and tribal cultural resources. Upon completion of the initial study, it was determined that mitigation measures could be incorporated into the project that would reduce project impacts to a less than significant level. The public review and comment period for the MND extended from April 19, 2023, to May 19, 2023.
STAFF ANALYSIS
General Plan Amendment
The site is located inside the Urban Limit Line and currently has a General Plan land use designation of Single-Family Residential-High Density (SH). This land use designation anticipates single-family homes and accessory structures, as well as, small residential care and childcare facilities, churches, and other similar places of worship.
The project aims to change the current SH General Plan designation to Commercial (CO). The CO designation allows for a broad range of commercial uses typically found in smaller-scale neighborhood, community, and thoroughfare commercial districts. Gas stations, convenient stores and restaurants fit into this category of smaller-scale neighborhood uses that are allowed. The following development standards apply to uses in this designation.
1. Maximum site coverage: 40 percent (28 percent proposed)
2. Maximum building height: 35 feet (22 feet proposed)
3. Maximum floor area ratio: 1.0 (0.28 proposed)
4. Average employees per gross acre: 160 employees (less than 10 employees)
As proposed, the proposed gas station, convenient store and restaurant complies with the development standards as described above.
Rezone
The project site consists of three parcels. The northern most parcel (APN: 002-140-010) is currently developed with a gas station, convenience store and restaurant. The zoning for this parcel is R-B Retail Business (R-B) and does not require a re-zoning. As the project includes the demolition of all improvements and construction of an expanded gas station, convenience store and restaurant, the two southern parcels (APN’s: 002-140-025 and 027) will need to be re-zoned from A-2 General Agricultural District (A-2) to R-B.
A major component of the Retail Business zoning district is that approval of a discretionary application is required prior to developing a particular site. It is that review process that allows County decision makers and the public alike (public comment/appeal process) to determine what uses are appropriate for properties zoned R-B.
Examples of uses allowed with discretionary review in the R-B district are:
1. Lumber yard, cabinet shop, sheet metal shop;
2. Animal hospital, commercial dog kennel, hobby dog kennel;
3. Auto garage, contractor’s yard;
4. Residential apartment units;
5. A manufacturing research use within an enclosed building;
6. Single room occupancy facilities; and
The A-2 district covering a portion of the site does not provide the flexibility needed to establish a modern commercial gas station/restaurant/convenience store that will serve the immediate Byron community. Although the proposed R-B district allows uses which can be more intense, the subject property will essentially contain the same current uses. Any proposed future use other than what is currently envisioned would require approval from the County and must undergo its own environmental review. For those reasons it is unlikely that a major change in use other than retail would be considered for this site. Nevertheless, the primary land uses in the R-B district are generally community orientated services such as dry cleaners, restaurants and other residentially compatible uses.
Nevertheless, gas stations typically store and transport large volumes of fuel which is highly combustible. There are risks associated with permitting these types of uses in any portion of the County. However, the industry is heavily regulated, and transport of any fuel will be routed through Byron Highway which is away from the residential community to the east. Moreover, all existing underground storage tanks for gas and diesel will remain in their current location which will limit site disturbance. Given that California codes are typically more stringent than Federal standards, the project will represent a minimal risk of exposure to the public and overall is considered a benefit to an area that has few community services.
Drainage
The entire site’s drainage is required to be addressed as part of the project design. As such, the proposal includes landscaping, a retention pond and porous asphalt which will encompass 30% of the site. This approach will result in flow rate reductions of 0.158 cubic feet per second (cfs) (10yr-3hr storm) and 0.273cfs (100yr-3hr storm) between the pre and post-development phases. The Department of Public Works, Engineering Services Division, has reviewed the drainage plans for the project and deemed them satisfactory.
In terms of water quality, the areas where vehicles park and refuel will be graded such that rainwater will be effectively directed away from fuel pumps and toward drainage facilities. Notably, the new design elevates this refueling zone by approximately 2.5 ft compared to its current position. While the existing fuel dispensing area is below the roadway centerline, the proposal places it above, reducing potential contact with rainwater runoff and virtually eliminating flood risks. The large canopy overhang which covers the fueling area will provide additional protection. Additionally, the project’s design has an integrated bio-retention system to filter out trash and other contaminants from the rainwater runoff prior to being released downstream. On-site stormwater gates will further capture debris, ensuring the maintenance of water quality standards. All of these design elements are considered improvements to the site’s drainage system compared to the existing conditions of the site which was developed many years ago.
Traffic
The project is to demolish and expand a gas station, restaurant, and convenience store. Given these uses, the project is estimated to generate 100 or more AM and PM peak-hour trips, therefore, the applicant has contracted TJKM to prepare a Traffic Impact Analysis (TIA) for the project - dated January 3, 2022 (supplemental Technical Memorandum dated January 6, 2023). The report analyzed existing conditions, existing with project conditions, cumulative without project and cumulative with project conditions. Key intersections within the immediate area have been studied in preparation of the report, in part using traffic counts during weekday AM and PM peak hour traffic volumes. According to the report, the project’s passenger vehicle trip generation is approximately 1,348 daily trips (2,518 total proposed trips minus 1,290 existing trips equals 1,348 new trips).
The operation of roadway facilities is described with the term level of service (LOS, a qualitative description of traffic flow based on such factors as speed, travel time, delay, and freedom to maneuver). Six levels are defined from LOS A, as free-flowing operating conditions, to LOS F, or the over-capacity operating conditions. LOS E represents “at-capacity” operations. When traffic volumes exceed intersection capacity, stop-and-go conditions result, and operations are designated as LOS F. Due to the addition of the project related traffic, the delay at the intersection of Holway Drive/Camino Diablo will increase by 1.7 seconds resulting in a 40.3 second delay (LOS E).
The following mitigation measure once implemented will maintain acceptable levels of service:
“At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of CDD staff, that the fair-share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection”.
Installation of the signal light would result in improved LOS performance, reducing the impact to less-than-significant.
Pedestrians will access the site from Byron Highway and Camino Diablo via new sidewalks within a dedicated Right-of-Way space along the site’s frontage. These sidewalks will connect to existing striped crosswalks at this intersection. The project’s internal walkways are required to meet American with Disabilities Act standards and will be reviewed as part of the Building Permit Plan Check Process for the project. On-site bicycle parking has also been identified within the project footprint and will encourage an alternative means of travel other than automotive vehicles.
Off Street Parking
The project includes 35 off-street parking spaces. This amount of parking will adequately accommodate all patrons and vendors visiting the site. Compared to the current 8 spaces provided, the 35 spaces will eliminate the need for customers to park on adjacent streets. The project’s compliance with Chapter 82-16 Off-Street Parking, is demonstrated within the table below:
|
|
Minimum Required |
Proposed |
|
Gas Station/Convenient Store: |
0.9 per pump x 12 = 11 |
11 |
|
Retail Store: |
1 per 300 SF/3,542=12 |
12 |
|
Restaurant: |
1 per 100 SF/1,151=12 |
12 |
|
TOTAL REQUIRED |
35 |
35 |
Of the 35 total parking spaces provided, 2 will be Americans with Disabilities Act (ADA) compliant. Additionally, 2 spaces will incorporate electric vehicle charging stations. Lastly, to promote alternative modes of transportation, 4 short-term bicycle spaces will be provided on racks and 4 long-term bicycle spaces will be provided via lockers. The project’s design has been reviewed by all County responsible agencies which determined that the project complies with applicable codes and regulations. Nevertheless, the project proponent will have to submit final improvement plans to each agency for review and approval prior to issuance of building permits. Therefore, the project is not expected to create any parking related issues or hazards to pedestrians/vehicles.
Drainage/Exception Requests
The proposed development introduces new impervious surface areas which alters the existing drainage patterns on the site and drainage facilities downstream. The grading and drainage plan contours show the northern parcel (APN: 002-140-010) will generally drain towards the proposed landscaping and bioretention basin. Runoff will then flow into the stormwater infrastructure of Camino Diablo towards the northern segment of an earthen ditch east of the property that flows into Frisk Creek. The two southern parcels (APN’s: 002-140-025 & 027) are shown to drain into a proposed bioretention basin that outflows into the south portion of the eastern earthen ditch. The County Public Works Department has reviewed the project and the preliminary Storm Water Control Plan for the project and deemed it preliminarily complete.
According to the Public Works Department, there have been reports in the past of the drainage ditch east of the project site flooding with excessive rainwater runoff. The Stormwater Control Plan for the project indicates that overall flow rates into the ditch will be reduced during storm events due to the installation of the bioretention basins which meters flow. Furthermore, Section 914-2.004 of the County Ordinance requires that all storm water originating on the project site be collected and conveyed to an existing adequate storm drainage system which conveys the storm water to an adequate natural watercourse. The drainage study for this project verifies that compliance with section 914-2.004 can’t be met, because the earthen ditch and all downstream facilities are privately owned by private parties and are shown to be inadequate (thus, improvements are not at the discretion of the developer). Therefore, the applicant has submitted a request for an exception.
Additionally, Section 914-12.010 requires maintenance of a detention basin facility through either an existing public maintenance entity or by the creation of a public maintenance entity. Given the relatively small size of the detention basin at 1,850 cu.ft., an exception to this section can be supported for the private maintenance of the proposed detention basin. Public Works has supported each exception request, and provided recommended conditions of approval that will ensure compliance with federal pollutant discharge and county storm water management regulations. The following Findings are in support of the exception requests:
Finding #1 - That there are unusual circumstances or conditions affecting the property. The existing drainage ditch hydraulic analysis indicates that the system collecting & conveying pre-development storm water 10-yr flows is inadequate. This is because the ditch traverses several private properties and with multiple culverts of unknown sizes and hydraulic properties. Any improvements to the on-site portion of the channel will not improve the channel’s capacity as the further downstream flows remain constrained. So, the existing overall drainage system will continue to remain inadequate. The use of a private detention basin is necessary to make certain that the post development flows don’t exceed predevelopment flows which will alleviate the inadequacy of the natural water course (drainage ditch).
Finding #2 - That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant. Site design parameters for retaining post-development onsite flows are fully utilized in the form of a private detention basin. These flows have to be collected and conveyed into existing public storm drainage, so that the applicant can exercise the right to develop the business to remain competitive with the growing market, in compliance with Contra Costa County municipal code as well as California Building Code. The exception is required to preserve substantial property rights of the property owner for the betterment of the property.
Finding #3 - That the granting of exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. Section 914-2.004 requires construction of improvements to make the system adequate. However, post development runoff is lower than predevelopment flows and will alleviate some capacity concerns of the public drainage infrastructure. Additionally, existing drainage patterns are maintained. The proposed development is physically suitable for the type, density and intensity for this site. The use of detention basins is necessary to mitigate post development flows and comply with this finding. Hence, granting of the exception will not be materially detrimental to the public welfare or injurious to other property/properties in the project vicinity.
Alcohol/Take-Out Food Sales
The applicant is proposing to demolish and construct a new larger convenience store which will sell alcoholic beverages. County Code Chapter 82-38.406 (5) requires approval of a land use permit for an alcohol sales activity which increases the floor or display area by 20%. Thus, this project includes the necessary findings to support the request. The project also includes demolition and construction of a larger restaurant. County Code Section 82-38.204(c) defines an alcoholic beverage sales commercial activity as the retail sale of alcoholic beverages in an establishment that is not a full-service restaurant. Therefore, the proposed alcohol sales within the restaurant is considered exempt and separate from the convenience store portion of the project.
The Alcoholic Beverages Sales ordinance also establishes locational restrictions on where sales activities can occur. County Code Section 82-38.604(a)(1) restricts establishment of a new alcoholic beverage sales commercial activity within 700 feet of an existing alcoholic beverage sales commercial activity, (2) within 400 feet of a public or private accredited school, a public park, playground or recreational area, a place of worship, an alcohol or other drug recovery or treatment facility, or county social service office, and (3) within a Crime Reporting District, or within 600 feet of a Crime Reporting District, where the general crime rate exceeds the countywide general crime rate by more than 20 percent. The project does not conflict with any of these standards. Additionally, the area has not been determined by the State of California’s Department Alcohol Beverage Control to be in an area which has an undue concentration of alcohol licenses. Therefore, the requested alcohol beverage sales at this site is an appropriate use.
Sign Program / Variance for Monument Sign
The applicant has provided a complete Sign Program for this project. Chapter 88-6 (Signs) of the County Code regulates quantity, placement, lighting and size of new signs. The elevations for the gas pump canopy indicate that branding will be located on the facia facing the Camino Diablo and Byron Highway boundaries of the site. The larger convenience store/restaurant building will have two identification signs on the front elevation facing Camino Diablo and one smaller sign on the side elevation facing Byron Highway. Preliminary review of the Sign Program indicates that each sign will conform to the County’s Sign Ordinance. If approved, the Final Sign Program review will be conducted during the Condition of Approval Compliance Review which is prior to issuance of Building Permits.
The project also includes a variance request (10-ft setback required, 2 feet proposed) for the proposed monument sign located at the corner of Byron Highway/Camino Diablo. An existing monument sign has been established in this location for decades suggesting that the location is acceptable. To confirm there are no line-of-sight issues at this intersection, the applicant has provided an exhibit (attached) showing that the proposed signage is located outside of the prohibited “Sight Visibility Zone” as required by County Code Chapter 82-18 Sight Obstructions at Intersections. Additionally, per the On-Site Circulation Plan (Sheet LP-RZ-2.2 of the plans) the path needed for a double tanker fuel truck dictates the location of the off-street parking etc. Therefore, given that a monument sign has been established in at this location for many years and that no viable alternative locations have been identified, supporting the variance request is justified.
Summary
County staff has analyzed the proposed project in terms of neighborhood compatibility, environmental impact, appropriateness of use and conformance with the proposed County General Plan and zoning designations. The project will conform to all applicable development standards for the R-B Retail Business Zoning District (minus variance for monument sign location) and will add a modern gas station/convenient store/restaurant use and associated employment opportunities in an area with high demand for these types of services.
Conclusion
The proposed project would align the General Plan and Zoning designations of the site to allow the demolition of all existing improvements and construction of a new larger gas station and associated uses. All potential environmental impacts have been mitigated to less than significant levels. Conditions of approval have been added to the project aimed at limiting any impacts of the proposal on surrounding neighbors. Therefore, staff and the County Planning Commission recommend that the Board of Supervisors approve the project as proposed.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed project is not approved, the property owner will not be able to construct the planned improvements and will be limited to operating a gas station and retail business within sub-par facilities.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF ADOPTING A GENERAL PLAN AMENDMENT FOR THE BYRON CORNERS PROJECT
WHEREAS,
1. The Contra Costa County Board of Supervisors held a public hearing on June 4, 2024, to consider the Byron Corners Project, proposed in the community of Byron. The project includes a CEQA Initial Study/Mitigated Negative Declaration, a General Plan amendment (“GPA”) (County File #CDGP10-00003), a rezoning ordinance (County File #CDRZ13-03222), and a Land Use Permit/Development Plan (County File #CDLP/DP13-02025).
2. The GPA for the Byron Corners Project changes the General Plan land use designation of the subject site, identified as Assessor’s Parcel Numbers 002-140-010, 002-140-025, and 002-140-027, from Single-Family Residential High Density (SH) to Commercial (CO).
3. The GPA for the Byron Corners Project is the second consolidated GPA for calendar year 2024.
NOW, THEREFORE, BE IT RESOLVED, the Contra Costa County Board of Supervisors RESOLVES as follows:
1. The Board of Supervisors makes the following General Plan amendment findings:
a. Required Finding: That adoption of the proposed General Plan amendment will not result in a violation of the County Urban Limit Line (ULL).
Project Finding: Adoption of the GPA to redesignate the subject site from SH to CO is consistent with the provisions of the ULL. No change to the ULL would occur and the project does not require extension of urban services (i.e., water and sewer mains) beyond the ULL. The subject site is located inside the ULL and therefore may be developed with urban or non-urban uses, as defined in the 2005-2020 Contra Costa County General Plan. The proposed land use designation, CO, is urban.
b. Required Finding: That adoption of the proposed General Plan amendment will not result in a violation of the County’s 65/35 Land Preservation Standard.
Project Finding: Adoption of the GPA will not result in a violation of the 65/35 Land Preservation Standard (the “65/35 Standard”), established through voter adoption of Measure C-1990 and reaffirmed through adoption of Measure L-2006. Under the 65/35 Standard, no more than 35 percent of the land in the county, inclusive of the cities, may be designated for development of urban uses and at least 65 percent of the land must be designated for non-urban uses such as agriculture, open space, parks, etc. Approximately 28 percent of the land is currently designated for urban uses. The subject site’s existing SH land use designation is an urban designation. The proposed CO land use designation also is an urban designation, meaning adoption of the GPA does not change the percentage of land designated for urban uses.
c. Required Finding: That adoption of the proposed General Plan amendment complies with the provisions of Measure J-2004, the Contra Costa Growth Management Program, and related Contra Costa Transportation Authority resolutions.
Project Finding: Adoption of the GPA complies with the objectives and requirements of Measure J-2004, the Contra Costa Growth Management Program (GMP), and related Contra Costa Transportation Authority (CCTA) resolutions. The CCTA GMP Implementation Guide (February 2021) sets forth procedures for local agency consultation and evaluation of impacts related to proposed GPAs. The project is expected to generate approximately 108 a.m. and 95 p.m. peak hour trips, which will not result in a significant impact to a Route of Regional Significance. The project is therefore exempt from the GMP GPA Review Process. Nevertheless, the project was referred to the Regional Transportation Planning Committee for East Contra Costa County (TRANSPLAN) for review and comment; no comments were received.
d. Required Finding: That adoption of the proposed General Plan amendment will not cause the General Plan to become internally inconsistent, in violation of Government Code Section 65300.5.
Project Finding: The General Plan comprises an integrated, compatible, and internally consistent statement of policies governing land use in unincorporated areas. The GPA is limited to a change to the Land Use Element Map and its adoption will not cause the General Plan to become internally inconsistent. The subject site and properties to the north, east, and south are designated for single-family residential development; properties to the west are designated for public and light industrial uses. Despite its land use designation, the subject site is developed with a gas station, restaurant, and convenience store. The GPA would redesignate the subject site to CO to allow demolition and reconstruction, including expansion, of these commercial uses. CO and SH land use designations exist side-by-side throughout the county, including elsewhere in Byron. The County presumes these designations to be compatible because residential uses benefit from proximity to commercial uses and vice versa. There are no General Plan policies precluding redesignation of the subject site to nonresidential use and the redesignation in no way conflicts with the specific policies for the East County area or the overarching goals and policies of the General Plan related to land use, growth management, transportation, housing, noise, conservation, open space, and safety. Instead, the redesignation supports General Plan policies related to economic development and provision of adequate commercial services to meet the needs of county residents.
e. Required Finding: That adoption of the proposed General Plan amendment is in the public interest, as required under Government Code Section 65358(a).
Project Finding: Byron is a small community with few commercial services. The existing gas station is one of three in the area, but the only one conveniently located near the community’s center (the others being north along State Route 4). The station is aging, and the site layout is not optimal for ingress and egress. Reconstruction of the station and its associated convenience store and restaurant uses will result in continued operation of small businesses that serve the community and improve safety by installing sidewalks along both property frontages and creating more separation between one of the driveways and the Byron Highway/Camino Diablo intersection. The project will also enhance the area’s appearance through construction of new buildings and installation of new landscaping. Adoption of the proposed GPA is in the public interest because the project provides the aforementioned benefits to the immediate Byron community.
f. Required Finding: That adoption of the proposed General Plan amendment will not exceed the annual limit on General Plan amendments specified under Government Code Section 65358(b).
Project Finding: Pursuant to Government Code Section 65358(b), no mandatory element of the General Plan may be amended more than four times per calendar year. The subject GPA affects the Land Use Element, a mandatory element, and is the second consolidated amendment of the Land Use Element for 2024.
2. The Board of Supervisors hereby ADOPTS the General Plan amendment (County File #CDGP10-00003) to change the General Plan land use designation for the project site from Single-Family Residential High Density to Commercial and ADOPTS said General Plan amendment as the second consolidated amendment to the General Plan Land Use Element for calendar year 2024, as permitted by State Planning Law.