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Project Title: |
Land Use Element Consistency (LUE-C) Zoning District - Zoning Ordinance Text Amendments and Rezoning |
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County File(s): |
#CDZT26-00002, #CDRZ26-03282 |
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Applicant/Owner: |
Contra Costa County |
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General Plan: Zoning: |
RH, RVH, MUL, MUM, MUH, MUC (See reference maps) Multiple (See attached reference maps for details) |
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Site Address/Location: |
Countywide (unincorporated areas) |
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California Environmental Quality Act (CEQA) Status: |
The proposed action is within the scope of the Contra Costa County 2045 General Plan and Climate Action Plan Environmental Impact Report (SCH #2023090467) certified by the Board of Supervisors on November 5, 2024. (See Section IV.E. below for additional details) |
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Project Planner: |
Joseph W. Lawlor Jr, AICP, (925) 655-2872, joseph.lawlor@dcd.cccounty.us |
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Staff Recommendation: |
Adopt a motion recommending Board of Supervisors approval (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
This is a County-initiated proposal to adopt Zoning Ordinance text amendments and rezone selected parcels to establish and implement the Land Use Element Consistency (LUE-C) zoning district. The proposal enables residential development consistent with the Land Use Element of the Contra Costa County 2045 General Plan on parcels designated Residential High Density (RH), Residential Very High Density (RVH), Mixed-Use Low Density (MUL), Mixed-Use Medium Density (MUM), Mixed-Use High Density (MUH), or Mixed-Use Community-Specific Density (MUC), except parcels within a Housing Element Consistency (HE-C) or Planned Unit (P-1) zoning district. The changes include the following:
(1) County File #CDZT26-00002: A County-initiated amendment to the County Ordinance Code to add Chapter 84-94, establishing the Land Use Element Consistency (LUE-C) zoning district, which sets the allowed uses, development standards, off-street parking requirements, and development plan review procedures for parcels in the district;
(2) County File #CDRZ26-03282: A County-initiated rezoning of select properties to the Land Use Element Consistency (LUE-C) district;
(3) County File #CDZT26-00002: A County-initiated amendment to Section 26-2.2102 of the County Ordinance Code to authorize zoning administrator review, without a public hearing, of development plan permits within an LUE-C district estimated to generate fewer than one hundred peak hour trips;
(4) County File #CDZT26-00002: A County-initiated amendment adding Section 82-4.328 to the County Ordinance Code, defining “peak hour trips”; and
(5) County File #CDZT26-00002: A County-initiated amendment to Chapter 84-92 of the County Ordinance Code to add off-street parking requirements and development plan exemptions for parcels in the Housing Element Consistency (HE-C) district.
II. RECOMMENDATION
Staff recommends that the County Planning Commission:
A. OPEN the public hearing on the Land Use Element Consistency (LUE-C) Zoning District Project (County Files #CDZT26-00002, #CDRZ26-03282), RECEIVE testimony, and CLOSE the public hearing.
B. Adopt a motion recommending that the Board of Supervisors:
1. DETERMINE that the Contra Costa County 2045 General Plan and Climate Action Plan Environmental Impact Report (SCH #2023090467), certified by the Board of Supervisors on November 5, 2024, adequately analyzes the Land Use Element Consistency (LUE-C) Zoning District Project, and that pursuant to CEQA Guidelines Sections 15162 and 15168(c), no subsequent or supplemental environmental impact report or other environmental document is required;
2. ADOPT Ordinance No. 2026-XX, adding Chapter 84-94 to the County Ordinance Code to establish the Land Use Element Consistency (LUE-C) zoning district, amending Section 26-2.2102 to authorize zoning administrator review of LUE-C development plans estimated to generate fewer than one hundred peak hour trips, adding Section 82-4.328 to define “peak hour trips,” and amending Chapter 84-92 to add off-street parking requirements and development plan exemptions for the HE-C district (County File #CDZT26-00002);
3. ADOPT an Ordinance rezoning the parcels identified in the attached rezoning maps to the Land Use Element Consistency (LUE-C) zoning district (County File #CDRZ26-03282); and
4. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk.
III. BACKGROUND
On November 5, 2024, the Board of Supervisors adopted the Contra Costa County 2045 General Plan and the Climate Action and Adaptation Plan (collectively, “Envision Contra Costa”) and certified the associated Environmental Impact Report. The 2045 General Plan replaced the County’s 2005-2020 General Plan and established a new set of land use designations, including the Residential High Density (RH) and Residential Very High Density (RVH) designations and a family of mixed-use designations (MUL, MUM, MUH, and MUC) intended to direct new housing and mixed-use development toward commercial corridors, community centers, and areas served by transit.
Government Code Section 65860 requires that county zoning ordinances be consistent with the general plan, and that where a zoning ordinance becomes inconsistent with the general plan by reason of an amendment to the plan, the zoning ordinance be amended within a reasonable time so that it is consistent with the general plan as amended. Many parcels that the 2045 General Plan designates RH, RVH, MUL, MUM, MUH, or MUC retain zoning that predates the 2045 General Plan, such as single-family residential or commercial districts, which does not allow residential development at the densities contemplated by the Land Use Element.
A comprehensive update of the County Zoning Ordinance is being prepared to implement the 2045 General Plan but has not yet been completed. As an interim measure, and following the same approach the County used to implement the 6th Cycle Housing Element through the Housing Element Consistency (HE-C) district (Chapter 84-92), the proposed Land Use Element Consistency (LUE-C) district would establish objective zoning standards that implement the Land Use Element on the affected parcels. Parcels already zoned HE-C are excluded because that district already implements the Housing Element Sites Inventory, and parcels zoned Planned Unit (P-1) are excluded because development on those parcels is governed by their approved final development plans. Once the comprehensive Zoning Ordinance update is adopted, the LUE-C parcels would be rezoned to the appropriate permanent zoning districts.
Establishing clear, objective standards that match the Land Use Element also supports the County’s obligations under the Housing Accountability Act (Government Code Section 65589.5). Under that Act, where a parcel’s zoning is inconsistent with the general plan, a housing development project that complies with the applicable objective general plan standards may not be found inconsistent with the zoning. The LUE-C district removes this inconsistency, giving applicants, the public, and decision-makers a single, predictable set of zoning standards for these parcels.
IV. STAFF ANALYSIS
A. Land Use Element Consistency (LUE-C) Zoning District (County File #CDZT26-00002)
The proposed ordinance would add Chapter 84-94 to the County Ordinance Code to establish the LUE-C Land Use Element Consistency District. Parcels zoned to the LUE-C district would be those with a General Plan land use designation of RH, RVH, MUL, MUM, MUH, or MUC, except parcels within an HE-C or P-1 zoning district. The district would enable residential development of those parcels at densities identified in and consistent with the Land Use Element. The key provisions of the district are summarized below.
Allowed Uses. The following uses would be allowed in the LUE-C district without a land use permit (Section 84-94.402):
(1) One or more residential buildings developed at the density range applicable to the parcel’s General Plan land use designation (see Development Standards below). On parcels with a mixed-use designation (MUL, MUM, MUH, MUC), development would be required to include non-residential floor area equal to or greater than any legally established non-residential floor area existing on the parcel, so that redevelopment does not result in a net loss of existing commercial space.
(2) On parcels with a mixed-use designation, the commercial uses allowed under Sections 84-50.402 and 84-52.402(1), either alone or co-located with a residential building developed at the applicable density. “Co-located” means two or more uses on the same parcel, or on two or more contiguous parcels under common ownership.
(3) Residential care facilities for the elderly, supportive housing, and transitional housing serving six or fewer persons; small and large family child care homes; and accessory dwelling units and junior accessory dwelling units in compliance with Chapter 82-24.
Commercial Infeasibility Waiver. The non-residential floor area requirement for mixed-use parcels may be reduced or waived if the applicant submits a commercial market and feasibility study, prepared by an independent qualified professional at the applicant’s expense and acceptable to the County, demonstrating a lack of viable market demand or that the required non-residential space is economically infeasible. This provision preserves existing neighborhood-serving commercial space where it is viable, without allowing an unsupportable commercial requirement to prevent housing that the Land Use Element contemplates.
Uses Requiring a Land Use Permit. The following uses would be allowed upon issuance of a land use permit (Section 84-94.404): residential buildings developed at a density other than the applicable density range; charitable and philanthropic institutions; churches, religious institutions, and parochial and private schools; community buildings and clubs of a quasi-public, social, fraternal, or recreational character; publicly-owned buildings, structures, parks, and playgrounds; child care centers; and supportive housing and transitional housing where seven or more persons reside.
Development Standards. Development in the LUE-C district would be subject to the following standards (Section 84-94.602). The applicable standards are based on the parcel’s General Plan land use designation and, for the MUC designation, the community in which the parcel is located.
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General Plan Land Use Designation |
Community |
Density Range (du/net acre) |
Max. FAR |
Max. Lot Coverage |
Minimum Setbacks (feet) |
Max. Height (feet) |
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Front |
Side |
Rear |
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Residential High Density (RH) |
- |
30 - 60 |
n/a |
65% |
5 |
5 |
15 |
40 |
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Residential Very High Density (RVH) |
- |
60 - 125 |
n/a |
85% |
5 |
5 |
5 |
85 |
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Mixed-Use Low Density (MUL) |
- |
10 - 30 |
1.0 |
65% |
10 |
5 |
15 |
45 |
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Mixed-Use Medium Density (MUM) |
- |
30 - 75 |
2.0 |
50% |
10 |
5 |
15 |
65 |
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Mixed-Use High Density (MUH) |
- |
75 - 125 |
4.0 |
85% |
10 |
5 |
15 |
85 |
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Mixed-Use Community-Specific Density (MUC) |
Alamo |
22 - 40 |
1.75 |
50% |
10 |
5 |
15 |
50 |
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Bay Point |
22 - 40 |
1.75 |
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Crockett |
17 - 27 |
2.0 |
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Discovery Bay |
17 - 35 |
1.5 |
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El Sobrante |
17 - 35 |
1.75 |
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Montalvin Manor |
17 - 35 |
1.75 |
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North Richmond |
17 - 35 |
2.0 |
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Pacheco |
22 - 40 |
1.75 |
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Rodeo |
17 - 35 |
2.0 |
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Saranap |
22 - 40 |
1.75 |
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Vine Hill |
22 - 35 |
1.75 |
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For residential buildings with fewer than three units, the minimum front setback to a garage would be 20 feet. Parcels with a secondary frontage would have a minimum secondary front setback of five feet. Residential buildings with three or more units would require minimum side and rear setbacks of 20 feet where they abut a single-family residential zoning district, providing a transition to adjacent lower-density neighborhoods. Accessory buildings would require minimum side and rear setbacks of four feet. Floor area ratio (FAR) limits apply only to the mixed-use designations and are measured as the ratio of gross building floor area of all buildings on a lot to the lot area.
Off-Street Parking. Except as otherwise provided, the requirements of Chapter 82-16 (Off-Street Parking) would apply. For residential development, or the residential component of a mixed-use development, the ordinance would require one space per studio unit, one and one-half spaces per one-bedroom unit, and two spaces per unit with two or more bedrooms (Section 84-94.604). Required spaces would be located on-site, could be covered or uncovered, and could be located within side or rear setbacks. State parking limitations, including Government Code Section 65863.2 for projects near major transit stops and the parking ratios available under the State Density Bonus Law, would continue to apply where applicable.
Development Plan Review. A development plan would be required before development in the LUE-C district, except for one-story accessory buildings; repair, replacement, or modification of an existing building or structure that does not add more than 800 square feet of floor area; and accessory dwelling units or junior accessory dwelling units that comply with Chapter 82-24 (Section 84-94.802). Development plans for projects estimated to generate fewer than one hundred peak hour trips would be decided by the Zoning Administrator under the administrative decision procedure of Article 26-2.21; all other development plans would be heard by the County Planning Commission at a noticed public hearing (Section 84-94.806). To approve a development plan, the reviewing body would be required to find that the development is consistent with the purpose of the district, including consistency with the General Plan and its Land Use Element, and that it is compatible with other uses in the vicinity. Decisions would be appealable under Article 26-2.24. Land use permits and variances would be processed under Article 26-2.20 (Section 84-94.1002).
B. Administrative Review and Peak Hour Trip Definition (County File #CDZT26-00002)
The ordinance would amend Section 26-2.2102 to add development plan permits for development within an LUE-C district estimated to generate fewer than one hundred peak hour trips to the list of applications the Zoning Administrator may decide without a public hearing. The ordinance would also add Section 82-4.328, defining “peak hour trips” as vehicle trips occurring during a consecutive 60-minute period when maximum traffic occurs, either between 8 a.m. and 9 a.m. or between 5 p.m. and 6 p.m. The one-hundred peak hour trip threshold corresponds to the threshold for traffic impact analysis under the Measure J Growth Management Program. Projects expected to generate more traffic than this threshold would continue to be heard by the County Planning Commission, while smaller projects that implement the Land Use Element would benefit from a more predictable and timely administrative review.
C. Housing Element Consistency (HE-C) District Amendments (County File #CDZT26-00002)
The ordinance would amend Chapter 84-92 (HE-C Housing Element Consistency District) to add off-street parking requirements identical to those proposed for the LUE-C district, and to exempt the same minor types of development (one-story accessory buildings; repair, replacement, or modification adding no more than 800 square feet; and compliant accessory dwelling units and junior accessory dwelling units) from the development plan requirement. These amendments would align the two interim consistency districts so that comparable residential and mixed-use projects are subject to the same parking and permit-processing rules.
D. Land Use Element Consistency (LUE-C) Rezoning (County File #CDRZ26-03282)
The rezoning would apply the LUE-C district to parcels with a General Plan land use designation of RH, RVH, MUL, MUM, MUH, or MUC, excluding parcels within an HE-C or P-1 zoning district, as identified in the attached rezoning maps. The primary purpose of the rezoning is to bring the zoning of these parcels into conformance with the 2045 General Plan Land Use Element, as required by Government Code Section 65860, and to allow development at the densities and intensities the Land Use Element establishes.
E. California Environmental Quality Act: On November 5, 2024, the Board of Supervisors certified the Contra Costa County 2045 General Plan and Climate Action Plan Environmental Impact Report (EIR) (SCH #2023090467) and adopted the 2045 General Plan. The EIR is a program EIR that analyzed buildout of the 2045 General Plan, including the land use designations, densities, and intensities established by the Land Use Element. The RH, RVH, MUL, MUM, MUH, and MUC designations, and the development they allow, were therefore analyzed in the EIR. Updating the Zoning Ordinance to be consistent with the 2045 General Plan is an implementation step anticipated by the General Plan and its EIR.
The proposed ordinance and rezoning would not allow development beyond that analyzed in the EIR. The LUE-C district’s density ranges and development standards implement the densities and intensities of the Land Use Element, and every development plan in the district must be found consistent with the General Plan and its Land Use Element before approval. The ordinance does not introduce new land use designations, increase planned buildout, or change the location of planned growth. Pursuant to CEQA Guidelines Section 15162, none of the conditions requiring a subsequent or supplemental EIR are present: there are no substantial changes to the project or to the circumstances under which it is undertaken that would involve new significant environmental effects or a substantial increase in the severity of previously identified effects, and there is no new information of substantial importance showing that the project will have significant effects not discussed in the EIR. Pursuant to CEQA Guidelines Section 15168(c), the project is within the scope of the program analyzed in the EIR, and no new environmental document is required. Individual development projects within the LUE-C district will be subject to the applicable mitigation measures adopted with the EIR and to project-level CEQA review as required.
V. CONCLUSION
The proposed Zoning Ordinance text amendments and rezoning will be consistent with the goals and policies of the 2045 General Plan and with the intent and purpose of the County Zoning Ordinance. The LUE-C district will bring the zoning of parcels designated for high-density residential and mixed-use development into conformance with the Land Use Element, as required by Government Code Section 65860, pending completion of the comprehensive Zoning Ordinance update. Therefore, staff recommends that the County Planning Commission recommend adoption of the proposed Zoning Ordinance text amendments and rezoning to the Board of Supervisors.
Attachments:
A. Findings
B. Draft Land Use Element Consistency (LUE-C) Zoning District Ordinance
C. Draft Ordinance Rezoning Maps