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Project Title: |
New 80-Unit Affordable Senior Housing Project |
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County File: |
#CDDP25-03034 |
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Applicant/Owner: |
Yajaira Herrera, Eden Housing, Inc. / CCC Redevelopment Agency |
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Zoning/General Plan: |
HE-C, Housing Element Consistency District / MUH, Mixed-Use High Density |
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Site Address/Location: |
0.62-acre project site located at 900 Canal Road, Bay Point (APNs: 093-170-078, 093-170-076, 093-170-018, 093-170-021, and 093-170-022) |
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California Environmental Quality Act (CEQA) Status: |
Statutory Exemption under CEQA Guidelines, AB 130, which exempts certain infill housing development projects meeting the following requirements pursuant to Public Resources Code section 21080.66 |
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Project Planner: |
Dominique Vogelpohl, Senior Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
A request for approval of a Development Plan to construct an 80-unit multi-family senior rental project with ground level office space for the Veteran’s Accession House, and a Tree Permit to allow the removal of 4 trees. This is a Density Bonus project because 24 units will be restricted to be rented to very low income (30% Area Median Income) and 55 units to very low income (50% Area Median Income). Pursuant to California Density Bonus Law, Gov. Code Section 65915(b)(1)(B) the project may request waivers and 3 concessions to development standards, so there are requests for waivers to allow a 4-foot front yard setback (where 10-feet is the minimum) and a 10-foot rear yard (where 15-feet is the minimum), and concessions to allow for 18 parking spaces (where 148 spaces is the minimum) and to not be required to pay the park fees. The project also includes approximately 1,910 cubic yards of grading (1,750 cubic yards of cut and 160 cubic yards of fill).
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the project is statutorily exempt from CEQA under AB 130;
B. APPROVE County File #CDDP25-03034, based on the attached Findings and subject to the attached Conditions of Approval; and
C. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: MUH, Mixed-Use High Density land use designation.
B. Zoning: HE-C, Housing Element Consistency District.
C. Previous Applications:
1. CDPR25-00001: A Preliminary Application to review the feasibility of this project.
2. CDMS25-00033: A tentative parcel map to merge all five parcels for this project, and this application includes a recommended condition of approval to have the parcel map recorded prior to issuance of a grading or building permit, whichever occurs first.
D. California Environmental Quality Act (CEQA): The project is statutorily exempt under CEQA Guidelines, AB 130, which exempts certain infill housing development projects meeting the following requirements pursuant to Public Resources Code section 21080.66:
1. The project site must not be more than 20 acres, or 5 acres if it is a Builder’s Remedy project.
Staff response: The project site is approximately .062-acres, which is less than 20-acres.
2. The project site is located within the boundaries of an incorporated municipality, or is located within an urban area, as defined by the United States Census Bureau.
Staff response: The project site is located within a U.S. Census designated Urban Area according to 2020 US Census data.
3. The project site must meet any of the following infill criteria:
(A) Has been previously developed with an urban use.
(B) At least 75% of the perimeter of the site adjoins parcels that are developed with urban uses.
(C) At least 75% of the area within a one-quarter mile radius of the site is developed with urban uses.
(D) For sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses.
Staff response: The project site is currently undeveloped. Prior to that, the site
was developed with residences and agricultural uses from 1937 to 1994.
4. The project is consistent with the applicable general plan and zoning ordinance, as well as any applicable local coastal program.
Please note, pursuant to Public Resources Code Section 21080.66(b)(4)(C) the approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Section 65915 of the Government Code shall not be grounds for determining that the project is inconsistent with the applicable general plan, zoning ordinance, or local coastal program.
Staff response: The project is consistent with the County’s 2045 General Plan and all applicable Chapters in the County Zoning Ordinance as shown in the General Plan Consistency and Zoning Compliance sections of this staff report. Lastly, the County does not have a coastal program.
5. The project must be at least one-half of the applicable residential “Mullen Density” for which is specified in Government Code section 65583.2 subd. (c)(3)(B).
Staff response: For a project site located within the County, the project must provide a minimum residential density of 15 dwelling units per acre. The project exceeds this threshold with 80 total units on approximately 0.62-acres so the density of roughly 129 units per acre.
6. The project is not located on an environmentally sensitive, hazardous, or a conservation site as defined by SB 35 in Government Code section 65913.4(a)(6), which includes the following: a coastal zone, on prime farmland, wetlands, a very high fire hazard severity zone, a delineated earthquake fault zone, a floodway, a special flood hazard area, lands identified for conservation, or habitat for protected species, as defined in Government Code § 65913.4(a)(6), or a hazardous waste site.
Staff response: The project site is not in a coastal zone, is not on prime farmland, is not in a wetlands, is not in a very high fire hazard severity zone, is not in a fault zone, is not in a flood zone, is not in a conservation area or habitat for protected species, and is not a hazardous waste site. The project site is previous disturbed land in an urbanized commercial and residential area.
7. The project does not require the demolition of a historic structure on a national, state, or local historic register.
Staff response: The project site is currently undeveloped.
8. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
Staff response: The project is only for-rent 80 apartment units.
9. The project has performed a Phase I environmental site assessment and mitigate identified impacts.
Staff response: The project includes a Phase I environmental site assessment (ESA) prepared by NCE in August 2023, that recommended testing near surface soils to assess the presence of Aerially Deposited Lead (ADL), residual agricultural chemicals, potential concerning chemicals from unknown fill, and the area post removal of a found 5-gallon bucket of an unknown substance, due to the auto exhausts from the adjacent highway, stock piles of unknown fill material, and potential agricultural chemicals from previous onsite farming activities. Therefore, a Phase II report was prepared in June 2024 and determined that the found lead, metals and pesticides did not exceed Environmental Screening Levels (ESL) that does not warrant further investigation, and with the topsoil being removed during grading no additional mitigation is recommended.
10. The project does not need to meet certain labor requirements under Public Resources Code § 21080.66(d) if 100% of the project is not for lower income households and the building is not over 85-feet in height.
Staff response: The project will be 79 units of very low-income units (24 units at 30% AMI and 55 units at 50% AMI), which is 99% affordable when counting the total units in the development, and has an overall height of approximately 64-feet, 8-inches. Therefore, the labor requirements under Public Resources Code § 21080.66(d) are not required for this project.
11. The project has complied with the California Native American Tribes consultation and compliance requirements pursuant to AB 130.
Staff response: In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent on May 1, 2026, to all the California Native American Tribes listed by the Native American Heritage Commission. The Muwekma Ohlone Tribe and the Confederated Villages of Lisjan Nation both requested consultation. Staff met with the Muwekma Ohlone Tribe and the Confederated Villages of Lisjan Nation, and both tribes concluded consultation with recommendations included in the recommended conditions of approval.
IV. SITE/AREA DESCRIPTION
The approximately 0.62-acre project site is located in a developed urban area of Bay Point. Within one-quarter mile to the south, across Highway 4 in the City of Pittsburg, are the Pittsburg/Bay Point BART station, a shopping center, and residential neighborhoods. A Chevron gas station fronts Bailey Road to the east, with Far Hills Mobile Park and Bel Air Elementary School across the street. To the north, a McDonald’s fronts Canal Road, with a church across the street. The adjacent vacant parcel is owned by CalTrans and is a buffer area between Highway 4 and private property. Directly across from the site is another property in the Housing Element Sites Inventory planned for approximately 190 units; beyond it are more multifamily and single-family neighborhoods. Additional residences are further north across from the East Bay Municipal Utility District service road.
The project site is located along Canal Road. It is currently comprised of five parcels that are currently owned by the County’s former redevelopment agency. The applicant will process a final parcel map to merge the existing lots into one parcel for the proposed apartment site. The existing parcels are vacant with four existing trees. The existing topography is mostly flat vacant land with some small stockpiles of loose fill.
V. PROJECT DESCRIPTION
A request for approval of a Development Plan to construct an 80-unit multi-family senior rental project with ground level office space for the Veteran’s Accession House (VAH), and a Tree Permit to allow the removal of 4 trees. This is a Density Bonus project because 24 units will be restricted to be rented to very low income (30% Area Median Income) and 55 units to very low income (50% Area Median Income). Pursuant to California Density Bonus Law, Gov. Code Section 65915(b)(1)(B) the project may request waivers and 3 concessions to development standards, so there are requests for waivers to allow a 4-foot front yard setback (where 10-feet is the minimum) and a 10-foot rear yard (where 15-feet is the minimum), and concessions to allow for 18 parking spaces (where 148 spaces is the minimum) and to not be required to pay the park fees. The project also includes approximately 1,910 cubic yards of grading (1,750 cubic yards of cut and 160 cubic yards of fill).
The project consists of 80 for-rent apartment units in one building with five floors with an 18-car parking garage, common areas for residents, the VAH’s office space, additional offices, and utility rooms at ground level, and twenty 1-bedroom (the caretaker unit will have 2 bedrooms) units per floor totaling approximately 81,023 square-feet. The grounds will consist of new hardscaping including paved walkways and a courtyard with outdoor seating, and approximately 4,629 square-feet of new landscaping.
The exterior materials will primarily consist of integral color cement plaster, ensuring durability and a cohesive aesthetic. Areas with higher levels of activity and transparency will be accentuated with a combination of cement and metal panels, adding visual interest and reinforcing the project’s focus on community engagement.
VI. DENSITY BONUS REQUEST
The Density Bonus Law (found in California Government Code Sections 65915- 65918) requires cities and counties to provide incentives or other concessions to housing developments to produce housing for very low income, lower income, moderate income, or senior housing to facilitate the development of affordable housing. A density bonus is provided to housing development projects that comply with at least one of the following criteria:
- At least 5% of the housing units are restricted to very low-income households.
- At least 10% of the housing units are restricted to low-income households.
- At least 10% of the housing units in a for-sale common interest development are restricted to moderate-income households.
Density Bonus requests are processed pursuant to Section 65915 et seq. of the
California Government Code and Title 8, Division 822, Chapter 822-2 (Residential
Density Bonus) of the Ordinance Code. The proposed project would restrict 24 units to be rented to very low income (30% Area Median Income) and 55 units to very low income (50% Area Median Income), meeting the requirement that at least 5% of the housing units be deed restricted for very low-income income residents. As a result, the proposed project is eligible for a density bonus, waivers or reductions in development standards, and incentives or concessions pursuant to the Residential Density Bonus Ordinance of the Ordinance Code.
Because the proposed project complies with the Density Bonus Law under California
Government Code Section 65915(d)(1)(C)(2)(C), the project qualifies for three incentive or concession requests due to proposing at least 15% for very low-income households. A concession or incentive is defined as a reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or approval of mixed-use zoning; or other regulatory incentives or concessions that result in identifiable and actual cost reductions. The applicant seeks approval of two concessions: to allow for 18 parking spaces (16 spaces for residents and 2 spaces for employees) where 148 parking spaces are required (121 parking spaces for residents, 20 guest spaces, and 7 spaces for employees/office space), and to waive the park fees.
Staff recommends granting the concession request to reduce the number of parking spaces as this concession will result in identifiable and actual cost reductions and
would not have a specific, adverse impact upon public health and safety, but not to waiving the park fees because it is not permitted pursuant to Gov. Code section 65915(l)(3) which does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
Additionally, a project that qualifies for density bonus is also eligible to an unlimited number of waivers to development standards. The applicant is seeking waivers to allow a 4-foot front yard setback (where 10-feet is the minimum) and a 10-foot rear yard (where 15-feet is the minimum). Staff recommends these wavier requests be granted so the project can be constructed at the proposed density.
VII. AGENCY COMMENTS
A. Bay Point Municipal Advisory Council (MAC): It is staff’s understanding that the Bay Point MAC has no objection to this project and requires the applicant to report back to the MAC routinely to keep them informed of the progress of the project. The applicant last went in front of the MAC at their February 3, 2026, meeting.
B. Public Works Department, Engineering Services (PW): In a memo dated October 23, 2026, PW provided their analysis of the project and their recommended conditions of approval.
C. Conservation and Development, Housing and Community Improvement Division (HCI): In a memo dated March 27, 2026, the HCI provided their analysis of the project and their recommended conditions of approval. HCI found the project exempt from the Inclusionary Housing Ordinance as it is a project for a former county redevelopment area, and HCI has also accepted the project Density Bonus Proposal dated August 28, 2026.
D. Conservation and Development, Transportation Planning Division: In a memo dated December 31, 2025, Transportation provided analysis on projected Vehicle Miles Traveled (VMT) and Level of Service (LOS) and determined that a VMT analysis or an LOS review will not be required as the project site is within ½ mile of BART and is estimated to not generate more than one hundred peak hour trips. The memo also included the requirements for vehicle parking, bicycle parking, electric vehicle charging stations, and Transportation Demand Management (TDM). These requirements are included in the recommended Parking conditions of approval.
E. Conservation and Development, Advanced Planning (AP): In a memo dated January 2, 2026, AP found the project is consistent with the MUH land use designation and stated the requirements of the Housing Element with the project site being listed in the Housing Element Sites Inventory. The proposed project is consistent with the Housing Element Sites Inventory as it is proposed to yield at least 64 units that include at least 34 units affordable to low income and 30 units to very low income. AP also provided a list of applicable General Plan goals, policies and action items. The General Plan Consistency section of this staff report shows how the project meets the applicable requirements of all General Plan Elements.
F. Contra Costa County Fire Protection District: In a letter dated December 31, 2025, the Fire District stated development must be compliant with the fire and building codes, and local and County Ordinances and adopted standards. These requirements are present in the project plans, and approval from the Fire District is required prior to issuance of a building permit for residential construction to ensure compliancy with all applicable codes and ordinances.
G. Delta Diablo Sanitary District: The Sanitary District did not comment, but the project site is within their service area and sanitary sewer service is available to the project site and would not be expected to produce an unmanageable added capacity demand on the wastewater system, nor interfere with existing, public facilities. The Sanitary District’s review and approval of all sewer improvements is required prior to construction.
H. Golden State Water Company: The Golden State Water Company did not comment, but the project site is within their service area, and water service is available to the project site and would not be expected to produce an unmanageable added capacity demand, nor interfere with existing, public facilities. The Golden State Water Company’s review and approval of all water main improvements is required prior to construction.
I. California Historical Resources Information System (CHRIS): In a letter dated December 17, 2025, CHRIS stated the project has a low potential of impacting any unrecorded archaeological site(s). Therefore, no further study for archaeological resources is recommended.
J. Native American Heritage Commission (NAHC): In a letter dated April 21, 2026, NAHC stated the Sacred Lands File (SLF) search results were negative. The tribal consultation list provided by NAHC resulted in two Native American Tribes requesting consultation, and Tribe recommendations to require tribal monitoring during all ground-disturbing activities and implementation of Cultural Sensitivity Training (CST) for all personnel involved in ground-disturbing activities are included as recommended conditions of approval.
VIII. BACKGROUND
Contra Costa County, in its capacity as housing successor to the Contra Costa County Redevelopment Agency (County) pursuant to Health and Safety Code Section 34176, owns certain real property located on Canal Road in Bay Point. The subject site includes five parcels totaling 0.62-acres that were acquired by the Contra Costa County Redevelopment Agency on January 3, 2001. The subject site is the undeveloped parcel created as surplus following the State Route 4/Bailey Road interchange project. The site is on the Housing Asset Transfer list developed by the County and approved by the Department of Finance following the dissolution of Redevelopment.
On June 13, 2023, the Board of Supervisors approved an Exclusive Negotiation Agreement (ENA) between Veterans Accession House, a California Non-Profit corporation and the County to explore and negotiate terms for the development of the 5 parcels that is this project site. The ENA granted the Non-Profit exclusive rights to negotiate with the County for the development of the property with the goal of entering into a formal development agreement. The Non-Profit selected Eden Housing, Inc. to partner with them in the project. As a result, Veteran’s Accession seeks approval for the assignment and assumption of the ENA to Eden Housing.
The County has executed an Assignment, Assumption and Amendment of Exclusive Negotiating Rights Agreement with Eden Housing, Inc., a California nonprofit corporation, for the development of multi-family residences and related community services for low-income veterans on the project site with a six-month term and up to three six-month renewal periods. The Agreement is scheduled to expire at the end of December and is expected to be renewed.
The project was scheduled for consideration at the County Zoning Administrator (ZA) hearing on November 2, 2026. Staff requested that the ZA continue the open public hearing to allow time to complete the staff report, including the findings and conditions of approval supporting the recommendation for project approval. The applicant acknowledged and agreed to the continuance in writing, and no members of the public requested to speak. The ZA therefore continued the item as an open public hearing to the November 16, 2026, Zoning Administrator hearing.
IX. STAFF ANALYSIS
A. General Plan Consistency: The project site has a General Plan designation of Mixed-Use High Density (MUH). The 2045 General Plan Land Use Element describes the MUM designation as allowing "various housing types, including townhouses, condominiums, apartments, studios, live-work units, and micro-units, along with a wide range of retail, personal service, office, hospitality, entertainment, and public uses sized to serve nearby neighborhoods or the surrounding community," with a density range of 75-125 du/acre. The site’s Housing Element Consistency (HE-C) zoning district is listed as a consistent zoning district for the MUH designation.
The project site is made up of assessor parcel numbers (APN) 093-170-078, 093-170-076, 093-170-018, 093-170-021, and 093-170-022, which are listed in the Housing Element Sites Inventory as a site identified to be rezoned to accommodate shortfall housing needs. The Housing Element identifies the collective parcels as Site 43 for 34 units affordable to low income, 30 units affordable to very low income, and a stated “realistic units” of 93 lower-income units. The overall Site 43 also includes APN 093-170-080, but this parcel is not part of the project site as it is across the street. APN 093-170-080 is intended to yield 29 low-income units, so the project including 80 units (24 very low-income units (30% Area Median Income) and 55 very low-income units (50% Area Median Income)) should not impact the ability to reach this realistic number for the site overall (93 units - 29 units = 64 units minimum). The project also supports Housing Element’s action item HE-A5.5, which states, “Facilitate lot consolidation for multi-family infill development.”
Lastly, each of the following factors have also been evaluated and found to be consistent with applicable General Plan policies from the Stronger Communities Element, Land Use Element, Housing Element, Conservation, Open Space, and Working Lands Element, and the Health and Safety Element:
Stronger Communities Element - Bay Point Community Profile: Even though there are no direct actions or policies associated with the project site or project type, the project does not conflict with the Bay Point Community Profile.
Land Use Element
- Policy LU-P2.5: Encourage infill development.
Staff response: This is an infill development project.
- Policy LU-P3.4: Encourage conversion of existing commercial areas to mixed-use nodes and corridors.
Staff response: The project site was originally designated as commercial under the Pittsburg/Bay Point Bart Station Area Specific Plan but was rezoned to HE-C to require a density of 75 to 125 units/net acre and also permits mixed use development. This project is to construct an 80-unit multi-family residential project with office space for the Veteran’s Accession House and will be located within an existing commercial business area, creating a mixed-use area.
- Policy LU-P4.5: Require shadow and solar access studies for new multiple-family residential, mixed-use, commercial, and industrial projects greater than three stories in height or with obvious potential to significantly shade parks, commercial nurseries, residential yards, solar arrays, and other uses that are sensitive to loss of sunlight.
Staff response: The project is 5-stories, but is not in proximity to a use that would be sensitive to loss of sunlight with it being surrounded by commercial businesses and parking lots, Highway 4, and the property across the street is undeveloped and is also zoned HE-C, so it is also intended to become a multistory residential development property.
- Policy LU-P7.1: Plan for a variety of housing types. Encourage innovative, nontraditional designs and layouts in response to evolving housing trends and needs.
Staff response: This project is for the Veteran’s Accession House that will be providing affordable housing for senior veterans with 24 units to be rented to very low income (30% Area Median Income) and 55 units to very low income (50% Area Median Income).
- Policy LU-P7.7: Require new residential projects to provide convenient access/connections to public transit, local destinations, and multi-use trails.
Staff response: This project site is walkable distance of approximately 11 minutes to the Pittsburg/Bay Point BART station.
Housing Element
- Policy HE-P2.2: Encourage and promote the production of housing in close proximity to public transportation and services.
Staff response: See staff’s response to policy LU-P7.7 in the Land Use Element.
- Policies HE-P3.1 and HE-P5.2: Expand affordable housing opportunities and provide adequate sites to meet the housing needs for households with special needs, including but not limited to seniors, persons with disabilities, large households, single parents, persons with HIV/AIDS, persons with mental illness, persons with development disabilities, farmworkers, and persons experiencing homelessness.
Staff response: See staff’s response to policy LU-P7.1 in the Land Use Element.
- Policy HE-P6.4: Expand efforts to provide for timely and coordinated processing of residential development projects to minimize project holding costs and encourage housing production
Staff response: Staff is recommending finding the project statutorily exempt from CEQA under AB 130 and began tribal consultation early to further expedite the AB 130 process.
- Action HE-A5.5: Facilitate lot consolidation for multi-family infill development.
Staff response: Minor Subdivision #CDMS25-00033 will allow the merger of the subject parcels, and the recordation of the Parcel Map prior to construction of the project is included as a recommended condition of approval.
Conservation, Open Space, and Working Lands Element
- Policy COS-P4.10: Require majority use of California native plant species in large landscaped areas in new developments, and require construction practices that avoid spread of invasive plant species.
Staff response: The requirements of this policy are evident in the project’s landscaping plans.
Health and Safety Element
- Goal HS-11: Communities and infrastructure that are protected from seismic and geologic hazards, including severe ground shaking, fault rupture, liquefaction, landslides, and unstable slopes.
Staff response: Figure HS-17 in the Health and Safety Element shows the project site is located in an area considered to be at risk for severe shaking regarding earthquake shaking hazard threat levels.
The project site is outside mapped Alquist-Priolo Earthquake Fault Zones (nearest is the Concord fault approximately 6.5 miles away) and State-designated Seismic Hazard Zones for liquefaction and earthquake-induced landsliding. Given the site's generally level topography and the proposed excavation volume of approximately 1,750 cubic yards, staff concludes that a separate discretionary geotechnical evaluation is not warranted. Project-specific geotechnical design criteria and structural measures will remain subject to review and verification through the Building Inspection Division's plan-check and permitting process.
- Policy HS-P14.1: Require projects that would locate noise-sensitive land uses in areas where the projected ambient noise level is greater than the “normally acceptable” noise level indicated in Table HS-3 to provide an acoustical analysis that recommends appropriate mitigation to meet the noise compatibility standards.
- Policy HS-P14.2: Require new housing developments exposed to a DNL of 60 dB or greater to provide a detailed acoustical analysis describing how the project will provide an interior DNL of 45 dB or less.
Staff response: These requirements are included as a recommended condition of approval.
- Policy HS-P14.7: Condition entitlements to limit noise-generating construction activities to: (a) weekdays and non-holidays; (b) within 1,000 feet of noise-sensitive uses: 7:30 a.m. to 5:00 p.m.; (c) over 1,000 feet from noise-sensitive uses: 7:00 a.m. to 6:00 p.m.
Staff response: The requirements of this policy are included as recommended conditions of approval.
B. Zoning Compliance: The development is to construct an 80-unit senior housing building of which all units will be offered for-rent. Therefore, the development is a for-rent residential multi-family project.
Based on the Housing Element Sites Consistency Table (County Code section 84-92.602), the parcel-specific density for APNs 093-170-078, 093-170-076, 093-170-018, 093-170-021, and 093-170-022 is between 47 and 125 residential units per net acre, or a minimum of 56 to a maximum of 78 residential units on the approximately 0.62-acre project site. The project will construct 80 units, resulting in two units more than the maximum allowed. This is permissible as this is a density bonus project. State Density Bonus Law incentivizes the building of affordable housing by granting developers “a density increase over the otherwise maximum allowable gross residential density”. Therefore, the proposed 80-units complies with the parcels-specific density for the project site.
Based on the allowed density (75 to 125 units/net acre), the project is subject to the objective development standards for a “Mixed-Use High” development type which requires a 10-foot front setback, 5-foot side yards, a 15-foot rear yard, a maximum height of 65-feet, and a maximum 70% lot coverage. The development meets the 5-foot minimum side yards, but includes waiver requests to allow a 4-foot front yard and a 10-foot rear yard per Gov. Code 65915(b)(1) and (e)(1). The waiver requests are considered necessary so the project can be built at the permitted density under Density Bonus Law. As waivers cannot be considered variances as defined under Density Bonus Law, the project is considered to meet all required setbacks. The project also has an approximate overall height of 64-feet, 8-inches, and covers approximately 63% of the lot. Therefore, the development complies with the development standards in County Code Section 84-92.604.
Lastly, the HE-C District allows the parcels that make up this project site to be mixed use. Therefore, the office space for the Veteran’s Accession House is considered a permitted use alongside the multifamily residential use.
C. Pittsburg/Bay Point Bart Station Area Specific Plan: The project site is Development Zone III and Development Area 10 with the primary development interest being 5,000 square-feet of commercial to provide for compact concentrations of goods and services to meet the needs of local residents and BART patrons with multifamily residential as a conditionally allowed use. The proposed office space at ground level is a permitted use for Area 10, and the multifamily portion of the project would be considered a conditional use for which three conditional use findings are required as discussed in further detail in the Specific Plan Area Findings section attached to this staff report.
The standards (e.g., setbacks, parking, lot coverage) set forth in the Specific Plan for parcels within a Commercial District designation are similar to those for the HE-C District development standards. The Commercial District only requires a front setback of 5-feet minimum, a maximum lot coverage of 40%, and a parking ratio of at least 1 space per unit and 4 spaces per 1,000 square-feet of office space which equates to 80 parking spaces for residents and 7 spaces for the ground level office space. The project proposes a 4-foot front yard setback and a parking plan of 16 spaces for residents and 2 spaces for employees, which is permittable with the grating of the waiver and concession requests as described in the Density Bonus Request section of this staff report. Additionally, the HE-C development standards allow for 70% lot coverage, and the project is proposing 63% to accommodate for the footprint needed to produce the number units required by the Housing Element Site Inventory. Therefore, as proposed, the project is consistent with land use standards for the Commercial District Use Specific Plan land use designation.
D. Tree Protection and Preservation Ordinance: Pursuant to County Ordinance Chapter 816-6 (Tree Protection and Preservation), the following is a required finding for the approval of a tree permit for tree removal, “Reasonable development of the property will require the alteration or removal of code-protected trees, and this development could not be reasonably accommodated in another area of the lot”.
The new multi-story, 80 apartment unit residential development project requires removal of 4 code-protected trees and could not be reasonably accommodated on another area of the lot, as the entire lot is being graded and developed.
E. Solid Waste (Chapter 418-6 - Mandatory Subscription and Chapter 418-20 - Organic Waste Disposal Reduction): An 80-unit senior apartment complex with ground level office space requires the need for solid waste collection - all three waste streams - garbage, recycling, and organics (yard waste & food waste) collection service per State laws and Title 4 - Health and Safety of the County Ordinance. Therefore, the applicant will be required to have containers of adequate size for all three waste streams (garbage, recycling, organics) and sufficient area to store the bins/containers.
The project includes a 234 square-foot trash room located within the parking garage, and there is also a proposed trash enclosure in front of the garage to house trash bins during trash collection. This entitlement includes a recommended condition of approval that all onsite solid waste collection services be compliant with the requirements of Title 4 of the County Code.
F. Child Care Facilities (Chapter 82-22): The purpose of this chapter is to implement the child care component of the community facilities element of the county general plan. It is the policy of Contra Costa County to assist and encourage the development of adequate affordable child care. A residential project of thirty or more units is to provide a child care facility on-site or off-site consistent with the needs assessment and response program required by this chapter or demonstrate that the child care needs of the project are mitigated through the use of existing facilities.
According to Code Section 82-22.1002(7-9) this project is exempt from the requirements of this chapter as 79 of the 80 units have one bedroom, it is a senior housing project, and the nonresidential portion of the building is less than 15,000 square-feet and will not employ more than 100 people.
G. Park Dedications (Division 920): The purpose of this chapter is to require residential projects dedicate land, pay a fee in lieu thereof, or do a combination of both, for neighborhood and community park or recreational purposes. As this project is proposing 80 new residential apartment units it is subject to the requirements of this chapter. As staff is not recommending that the requested concession to waive park fees be granted, the applicant has requested to pay the in lieu fee. Therefore, included in the recommended conditions of approval, each new dwelling unit must pay the Park Dedication and Impact Fees as established by the Board of Supervisors.
However, according to Code Section 920-6.208(a)(1), 50% of the land dedication and fee requirements may be waived for dwelling units that are rental units affordable to households earning less than 80% of the area median income. This project meets the affordable rental housing criteria under subsection (a)(1) because it will provide affordable rental units to households earning less than 80% of the Area Median Income (AMI). The project’s 79 affordable units, including 24 units restricted at 30% AMI and 55 units restricted at 50% AMI, will serve very low-income households earning below 80% AMI, which is consistent with the affordability criteria in Section 920-6.208(a)(1). Therefore, it is included in the attached Findings and recommended conditions of approval to approve a 50% reduction in Park Dedication and Impact fees.
H. Parking:
1. Standard Vehicle: The County General Plan Housing Element, Table 6-49 provides parking requirements for various housing projects. Based on the unit/bedroom mix of the proposed project, 141 parking spaces are required (121 standard parking spaces, 20 guest parking spaces). The project proposes 16 parking spaces for residents, 2 spaces for employees, and no guest parking. As this is a density bonus project it includes a concession request to reducing the minimum amount of required parking spaces. Therefore, the 18 parking spaces as proposed should be maintained and are included in the recommended Parking conditions of approval.
2. Electric Vehicle (EV): Per County Code Section 74-4.006, multi-family development projects with 20 or more dwelling units are to equip a minimum of 10% of the total number of parking spaces with fully-operational Level 2 electric vehicle charging stations (EVCS). These EVCS requirements are included in the recommended Parking conditions of approval.
3. Bicycle: Per County Code Section 82-16.412 - Bicycle Parking, multi-family residential projects with a private garage are not required to provide long-term bicycle parking spaces, and short-term spaces must be provided at a rate of 5% of the number of bedrooms. The project plan set shows a “bike storage” in the proposed garage for up to 20 bicycles. Staff recommends the proposed long-term bike storage be retained as shown. A minimum of 4 short-term bicycle parking spaces (81 bedrooms) will be required and can be satisfied with the bicycle racks shown at the Veteran’s front entry. These bicycle parking requirements are included in the recommended Parking conditions of approval.
I. Traffic and Circulation: The single driveway access to the ground level parking garage will perpendicularly connect to Canal Road. The rolling gate for the proposed driveway will be set back to allow a minimum of one ingress vehicle to queue without obstructing the sidewalk along Canal Road. The placement of landscape trees and shrubs will be required to not block the sight lines for vehicles exiting the parking garage.
J. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse.
K. Stormwater Management and Discharge Control: A Stormwater Control Plan was included in the application packet. The application anticipates creating approximately 23,270 SF of new impervious surface over the 0.62-acre combined lot area which exceeds the 5,000 square feet threshold per the County’s Stormwater Management and Discharge Control Ordinance (§1014) and the County’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit. This project will exceed the threshold and require C.3 treatment; however, it does not require hydromodification improvements.
The proposed SWCP appears to be sufficient and incorporates the use of a combination of flow through planters and bioretention basins for treatment of roof and surface runoff prior to discharging into the public storm drain system within Canal Road. The final SWCP will need to be stamped by a registered civil engineer and the applicant will need to prepare a Stormwater O&M Plan and Agreement for the long-term maintenance of these facilities.
The applicant will need to annex the subject properties into the Community Facilities District (CFD) No. 2007-1 (Stormwater Management Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit to oversee the ongoing operation and maintenance of stormwater facilities maintained by private property owners. The annexation must occur after the parcel has been transferred from the County to the Developer; but prior to the issuance of a building permit.
L. Lighting District Annexation: The applicant must annex into the Community Facilities District (CFD) 2010-1 formed for Countywide Street Light Financing. Annexation into a streetlight service area does not require streetlights to be constructed specifically with this project and will not transfer ownership and maintenance of street lighting on nearby private roads. The applicant will be assessed the annual rate for the general benefit of having streetlights throughout the County. The annexation must occur prior to the issuance of a building permit.
M. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bay Point Area of Benefit, as adopted by the Board of Supervisors. The fee must be paid prior to the issuance of a building permit.
N. Drainage Area Fee: The applicant will be required to comply with the drainage fee requirements for Drainage Area 48D as adopted by the Board of -Supervisors. Fee must be paid prior to the issuance of a building permit.
X. CONCLUSION
If the proposed concession and waivers are granted, then the proposed Development Plan project (County File #CDDP25-03034) is consistent with the MUH, Mixed-Use High Density General Plan land use designation and all applicable Elements within the 2045 General Plan, and the regulations of the HE-C Housing Element Consistency District and all other applicable Zoning Ordinance Chapters, and the project is also compliant with AB 130. Therefore, staff recommends finding the project statutorily exempt from CEQA pursuant to AB 130, and approving the Development Plan for an 80-unit for-rent multifamily senior residential project, including a Tree Permit for removal of 4 code-protected trees and 1,910 cubic yards of grading (1,750 cubic yards of cut and 160 cubic yards of fill), based on the attached Findings and subject to the attached Conditions of Approval.