To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Hearing to consider zoning text amendments affecting North Richmond
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on the proposed zoning text amendment to the North Richmond Planned Unit (P-1) District and Ordinance No. 2023-19; RECEIVE testimony; and CLOSE the public hearing.
2. ADOPT the proposed zoning text amendment to the North Richmond Planned Unit (P-1) District to prohibit the establishment or expansion of fulfillment centers, parcel hubs and parcel sorting facilities (collectively and individually, “Heavy Distribution”) and allow urban lot splits in the unincorporated North Richmond area.
3. ADOPT Ordinance No. 2023-19 to modify the County Subdivision Ordinance (Title 9) to allow Urban Lot Splits in Planned Unit Districts (P-1) that specifically allow urban lot splits.
4. DETERMINE that adoption of the proposed zoning text amendments are exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) (common sense exemption) and Government Code Section 66411.7(n).
5. DIRECT staff to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
The cost of preparing these amendments have been funded by the Department of Conservation and Development’s Land Development Fund. The cost of processing any related development applications will be 100% funded by application fees.
BACKGROUND:
Board Direction
With the rapid expansion of e-commerce in recent years and need for local fulfillment centers and operations, the North Richmond Area has seen a proliferation of fulfillment centers, parcel hubs, and parcel sorting facilities. As a result, the North Richmond area faces increased truck traffic and the following related adverse impacts: increased safety risk to smaller vehicles, pedestrians, and bicyclists; increased damage to streets; and traffic congestion and reduced levels of service on streets and at intersections; and increased emissions and air quality impacts.
Staff has identified additional concerns that the cumulative impacts caused by the increase in Heavy Distribution in the North Richmond Area given that Heavy Distribution often operates on a 24-hour basis, such as deteriorating air quality, health, noise, vibration, and other disruptions to peace and quiet that may impact surrounding sensitive uses, such as schools and residences. The North Richmond community has also been designated by the California Air Resources Board and Bay Area Air Quality Management District as one of only 15 communities in California to be part of State Assembly Bill (AB) 617’s Community Air Protection Program (CAPP). With that designation comes an increased scrutiny of light/heavy industrial projects aimed at limiting and ultimately eliminating the addition of potentially harmful impacts to this CAPP community.
Under current County regulations, Heavy Distribution is allowed in the North Richmond P-1 District within the Commercial, Light and Heavy Industrial, and Business Park General Plan land use designations. On January 18, 2022, the Board of Supervisors adopted Ordinance No. 2022-06, an urgency interim ordinance that established a moratorium on the establishment or expansion of Heavy Distribution uses within the North Richmond Area. On November 29, 2022, the Board of Supervisors adopted Ordinance No. 2022-27 extending the temporary moratorium on Heavy Distribution uses to November 29, 2023.
Additionally, to support more housing within the State, the Governor signed Senate Bill (SB) 9 in September 2021. SB9 requires local land use agencies to ministerially approve the development of up to two single-family residences on a qualifying urban parcel in a single-family residential zone (an “urban housing development”). SB9 also requires local land use agencies to ministerially approve a parcel map to subdivide a qualifying urban parcel in a single-family residential zone into no more than two new parcels (an “urban lot split”). The result is that SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. Parcels located in multi-family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. Hence the County’s planned unit (P-1) districts are not subject to SB9’s mandates. Nevertheless, the County Ordinance Code allows for an urban housing development within a planned unit (P-1) district for single-family residential units. The current County Ordinance Code does not allow Urban Lot Splits within P-1 districts. The proposed zoning text amendment would allow for urban lot splits within a P-1 district that specifically allows for urban lot splits in the P-1 district’s underlying development plan. Whether a P-1 district will allow for urban lot splits will be determined on a case-by-case basis, through approval of the district’s development plan. For North Richmond, to allow urban lot splits, the proposed zoning text amendment includes a revision to the North Richmond land use matrix to specifically allow urban lot splits.
OCTOBER 11, 2023, COUNTY PLANNING COMMISSION MEETING
The County Planning Commission considered the proposed North Richmond P-1 zoning text amendments at their October 11, 2023, meeting. After receiving staff’s presentation and taking public comments from two individuals in support of the changes, the Commission closed the public hearing. As part of Commission deliberation, the Commission expressed concern that the amendments will prohibit property owners from the ability to develop Heavy Distribution projects which they historically been able to submit applications for. Nevertheless, the Commission acknowledged the need to balance property owner rights with the impact of Heavy Distribution projects on the North Richmond community. In conclusion, the Commission voted 5 to 1 in favor of recommending the Board approve the amendments.
PROPOSED ZONING TEXT AMENDMENTS
The entirety of the unincorporated North Richmond Area is within the North Richmond P-1 Planned Unit District that was adopted in December 1994. Currently “Distribution” is allowed with an administrative permit within the Commercial, Light and Heavy Industrial, and Business Park General Plan land use designations. However, due to potential air quality impacts resulting from increased truck traffic associated with such uses, the County has required use permits for all new light/heavy industrial uses to review and identify mitigation aimed at reducing potential environmental/health impacts of the operations.
The proposed zoning text amendment will define Heavy Distribution to include, collectively and individually, fulfillment centers, parcel hubs, and parcel sorting facilities. A “fulfillment center” is a facility where the primary purpose is storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub. A “parcel hub” is a last mile facility or similar facility where the primary purpose is the processing or redistribution of parcels or products, primarily by moving a shipment from one mode of transport to a vehicle with a rated capacity of less than 10,000 pounds, for delivery directly to consumers or end-users. A “parcel sorting facility” is a facility where the primary purpose is the sorting or redistribution of parcels or products from a fulfillment center to a parcel hub.
The proposed zoning text amendment will revise the North Richmond P-1 District land use matrix to prohibit Heavy Distribution within any General Plan land use designation.
Additionally, the following condition of approval will be added to conditions of approval of the North Richmond P-1 and will be applicable to certain commercial and industrial projects:
78. Require new or expanded commercial and industrial projects exceeding 25,000 square feet of gross floor area to be near zero-emissions (NZE) operations, including the facilities themselves and the associated fleets. Require all necessary measures, such as the following, to achieve NZE:
(a) Reduce on-site energy consumption and increase on-site energy generation and energy storage.
(b) Provide adequate on-site zero-emission (ZE) vehicle-capable parking for all anticipated truck traffic to prevent idling and off-site queuing.
(c) Provide electrified loading docks with receptacles allowing plug-in of refrigerated trailers.
(d) Use heavy-duty trucks that are model year 2014 or later and expedite a transition to ZE trucks by establishing a clear timeline for electrification of trucks as they become commercially available, including a set percent of ZE trucks deployed at project opening. Ensure contracts with motor carriers include air quality incentives or requirements, such as providing incentives to fleets that met United States Environmental Protection Agency (EPA) SmartWay standards or requiring use of ZE or near zero-emission (NZE) trucks.
(e) Use a “clean fleet” of delivery vehicles as they become commercially available, but no later than 2025.
(f) Use ZE yard equipment, such as forklifts, pallet trucks and jacks, and stackers.
(g) Implement practices to control and remove fugitive dust and other contaminants from paved areas.
(h) Exempt from this condition are uses with fewer than five vehicles domiciled on-site.
Last, staff has determined that the North Richmond Area will benefit from allowing urban lot splits under SB9 to facilitate housing stock growth in the area. Staff believes that the North Richmond planned unit (P-1) district is uniquely situated as an area-wide planned unit district, and that not all planned unit districts in the County may so benefit. Accordingly, the proposed zoning text amendment would further modify the North Richmond P-1 land use matrix modified to permit Urban Lot Splits within single-family residential General Plan land use designations in accordance with the County’s Subdivision Ordinance. The Urban Lot Split category will direct applicants to submit an Urban Lot Split application (not a North Richmond P-1 administrative review). Proposed Ordinance No. 2023-19 would amend the Article 94-4.10 of the County’s Subdivision Ordinance to allow for urban lot splits within a P-1 district that specifically allows for urban lot splits.
CONSISTENCY WITH THE GENERAL PLAN
The County General Plan has multiple policies directly aimed at development within the North Richmond Area, such as Policy 3-194 and 3-195 which promote the development of urban agriculture. With respect to industrial development, Policy 3-188 addresses the potential environmental impacts of more intense projects such as Heavy Distribution uses.
§ Policy 3-188 is applicable to all industrial categories within North Richmond and emphasizes recognition of environmental, social, and economic values of the area to avoid conflicts because of development. Limiting certain activities that may danger human health is encouraged, as well as, requiring all uses to comply with the regulations of the Bay Area Air Quality Management District, etc., to ensure maintenance of the area’s environmental quality.
If approved, the zoning text amendment would prohibit the establishment or expansion of fulfillment centers, parcel hubs and parcel sorting facilities in the unincorporated North Richmond area. This action is consistent with the General Plan polices aimed at protecting environmental resources and the North Richmond Area which has been identified as being a community of concern.
The proposed amendment to the Subdivision ordinance is consistent with the General Plan and Housing Element, which includes eight general goals for housing. The amendment would specifically promote the following goals:
Goal 1: Maintain and improve the quality of the existing housing stock and residential neighborhood in Contra Costa County.
Goal 2: Preserve the existing affordable housing stock in Contra Costa County.
Goal 3: Increase the supply of housing with a priority on the development of affordable housing.
Goal 6: Provide adequate sites through appropriate land use and zoning designations to accommodate the County’s share of regional housing needs.
Goal 7: Mitigate potential government constraints to housing development and affordability.
Thus, the proposed amendment would remain consistent with the General Plan land use goals with respect to promoting residential development in appropriate urbanized areas.
CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Zoning Text Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3). CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The proposed actions would prohibit Heavy Distribution uses which pose environmental and human health risks, and which will reduce the potential for these impacts to the North Richmond Area. Additionally, the new emissions reductions condition of approval was designed exclusively to reduce environmental impacts and to work in conjunction with the North Richmond P-1 amendments. Thus, it can be seen with certainty that there is no possibility that the proposed actions could have a significant effect on the environment or human health.
Last, SB9 included a specific statutory exemption in Government Code Section 66411.7(n) for ordinances adopted by local land use agencies in the implementation of SB9.
CONCLUSION
The proposed North Richmond P-1 Planned Unit District zoning text amendments would prohibit Heavy Distribution uses in North Richmond and would add a condition of approval requiring certain commercial and industrial projects to be near zero-emission, which is consistent with the County’s General Plan. Additionally, the amendment to the County’s Subdivision Ordinance (Title 9) will allow Urban Lot Splits in P-1 districts that specifically allow urban lot splits. Therefore, staff and the County Planning Commission recommend that the Board of Supervisors approve the zoning text amendments.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed zoning text amendment is not adopted, upon expiration of the temporary moratorium on November 29, 2023, Heavy Distribution will be a permitted use within the North Richmond Planned Unit District. Further Heavy Distribution development may result in significant irreversible impacts to businesses, residents, and other sensitive uses in the North Richmond Area.