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Project Title: |
Willow Pass Apartments (formerly Bella Vista Apartments) Development Plan Modification |
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County File: |
CDDP24-03051 |
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Applicant Owner(s): |
Alliant Communities, LLC Ambrose Recreation and Park District / David and Virginia Jacobson |
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Zoning/General Plan: |
P-1, Bay Point area-wide Planned Unit District / MUC, Mixed-Use Community Specific Density |
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Site Address/Location: |
2855- 2867 Willow Pass Road in the Bay Point area of unincorporated Contra Costa County (APNs: 093-081-027, 093-081-028) |
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California Environmental Quality Act (CEQA) Status: |
Mitigated Negative Declaration, SCH 2023090474 |
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Project Planner: |
Adrian Veliz, Senior Planner (925) 655-2879 adrian.veliz@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
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I. PROJECT SUMMARY
The applicant requests approval of a Development Plan modification to a 124 unit 100% affordable housing development previously approved by the County Zoning Administrator under Land Use Permit #CDLP22-02029. The revised project maintains the same unit count (124), 100% of which would be affordable to low- or moderate-income levels, however the project site has been reduced from +3.25 to +2.49 acres in area, necessitating certain project revisions to accommodate the smaller site. Substantive project revisions consist of a reduction in building square footage (116,000 s.f. proposed, 129,729 s.f. previously approved) and a reduction in off-street parking spaces provided by the project (134 total spaces provided, where 180 total spaces were previously approved). The project includes 24 density bonus units (24% above base density) pursuant to Government Resource Code section 65915(b)(1)(g), (c)(1)(B)(ii), (f)(3)(d)(i), which authorizes density bonus up to 80% for this project type. Included with the density bonus proposal is a request for the following three concessions/waivers: 1) allow increased building height up to four stories and 55 feet, 2) waiver to the County Inclusionary Housing Ordinance (IHO) requested to modify the unit affordability levels pursuant to Government Code Section 65915(b)(1)(G), and 3) waiver to the County IHO affordable rents calculation pursuant to Government Code 65915(d)(2)(D). The applicant is also requesting exceptions to the requirements and regulations of County Code Division 914 for offsite collect and convey, and detention basins.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the proposed project, RECEIVE testimony, and CLOSE the public hearing;
B. ADOPT the Addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project under County File #CDLP22-02029 (SCH 2023090474) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164(b); and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other materials, which constitute the record of proceedings upon which this decision is based.
C. GRANT the exceptions to Division 914 of the County Ordinance Code to forgo requirements pursuant to Chapter 914-2 for offsite collect and convey and Chapter 914-12 for detention basins, as detailed in the attached findings.
D. APPROVE the Development Plan modification (County File CDDP24-03051) for the Willow Pass Apartments, based on the attached findings and subject to the attached conditions of approval.
E. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: MUC, Mixed Use Community Specific Density
B. Zoning: P-1, Bay Point area-wide Planned Unit District.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration/Initial Study (MND) was prepared and published for the application. The public review period for the draft MND started on September 20, 2023 and ended on October 20, 2023. The draft MND is included as Attachment 4. No comments were received in response to the publication of the draft MND. An addendum is prepared for the current project and is included as Attachment 6.
D. Tribal Cultural Resources: On August 1, 2023, in accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent to the Villages of Lisjan Nation and to the Wilton Rancheria as part of the review process for Land Use Permit #CDLP22-02029. The Villages of Lisjan Nation and the Wilton Rancheria are the two California Native American tribes that have requested notification of proposed projects within unincorporated Contra Costa County. Pursuant to section 21080.3.1(d), there is a 30-day time period for the California Native American tribes to either request or decline consultation in writing for this project. Staff has not received a request for consultation in response to these Notices from either tribe.
E. Prior Applications Related to the Project Site:
1. MS88-12: This Two-Lot Minor Subdivision of the APN 093-081-002 was approved by the Zoning Administrator on June 20, 1988. This subdivision created the parcel at 2855 Willow Pass Road (APN 093-081-029).
2. MS08-0012/LP07-2075: This Two-Lot Minor Subdivision and Land Use Permit/Development Plan to subdivide the 1.99-acre site at APN 093-081-027 and establish a multi-family residential/commercial mixed use development including 53 residential units and 21,370 square feet of commercial tenant space was approved by the East County Planning Commission on April 13, 2009. The project did not proceed and the planning entitlements have expired.
3. LP18-2003: This Land Use Permit/Development Plan for 2867 Willow Pass Road (APN 093-081-028) to establish a multi-family residential/commercial mixed use development including 12 residential units and 1,632 square feet of commercial tenant space was approved by the Zoning Administrator on August 5, 2019. The project did not proceed and the planning entitlement has expired.
4. CDLP22-02029: Land Use Permit/Development Plan combination permit, approved by the County Zoning Administrator on March 4, 2024, providing land use permit approval authorizing the multi-family residential land use on the subject property, and development plan approval for a 4-story 129,000 square foot mixed use development.
IV. SITE/AREA DESCRIPTION
The project site consists of two contiguous parcels - APN’s 093-081-027 (no address), and 093-081-028 (2867 Willow Pass Road) - located at the southeastern corner of Willow Pass Road and Clearland Drive in Bay Point. The surrounding area consists of high-density single-family residential development to the south, with commercial and light industrial uses nearby to the north, east and west. The Delta De Anza Regional Trail is approximately ¼ mile south of the project site, and State Highway 4 and the Bay Point BART station are approximately ½ mile south of the project site. The site is located south of Willow Pass Road and east of Clearland Drive, both County-maintained roads. Willow Pass Road is approximately a 62-foot-wide road within a 72-foot right-of-way. The ultimate half width of Willow Pass Road currently exists along the project frontage and no further dedication of right-of-way is required with this project. Similarly, Clearland Drive appears to be constructed to its ultimate planned width of 64 feet within an 84-foot right-of-way. Public rights-of-way in the general area typically include curb/gutter, sidewalk, and storm drain improvements.
The two contiguous parcels that comprise the project site have a combined area of +2.5 acres. The project site is located within an urban and developed area of Bay Point in unincorporated Contra Costa County. The project site is relatively flat, with a slight northward gradient towards Willow Pass Road. The lot is currently devoid of trees or any significant vegetation. There are existing curbs, gutter, sidewalk, and storm drain improvements within the public rights-of-way immediately adjacent to the project site. However, the project will require sidewalk widening and the installation of streetlights along both frontages to conform with commercial street standards.
V. PROJECT DESCRIPTION
The applicant seeks approval of a Development Plan modification to allow the construction of a mixed-use project consisting of 100% affordable multi-family residential apartments and 1,488 square feet of commercial tenant space. The project includes the following elements:
• A four-story building having a footprint of +31,000 square feet (35,822 square feet previously approved), and a total floor area of +116,000 square feet (129,720 square feet previously approved). Commercial tenant space totaling +1,488 square feet (2,630 square feet previously approved) is proposed at ground level along the project’s Willow Pass Road frontage. The remaining building square-footage consists of 124 dwelling units that will be 100% affordable to lower- and moderate-income households.
• The project proposes a 24% density bonus above the maximum permitted residential density (40 units per net acre) for the project site. The project is eligible for up to an 80% State Density Bonus pursuant to Government Code Sections 65915(b)(1)(G) and 65915(f)(3)(D). The base density allowed for the 2.5-acre project site is 100 units. The 80% density bonus would allow for up to 180 dwelling units on the project site. The project proposes a total of 124 dwelling units.
• The project proposes two concessions: 1) An increase in the 3 story/50-foot maximum building height and 2) A modification to the unit affordability levels to allow for lower-income and moderate-income units pursuant to Government Code 65915(b)(1)(G), and 3) A modification to the affordable rents calculation rents calculation to be consistent with the rent calculations codified in Government Code section 65915(c)(1(B)(ii) for lower-income and moderate-income units.
• 134 total off-street parking spaces (171 previously approved), located south and east of the proposed building.
• 10 short-term bicycle parking spaces and 26 long-term bicycle parking spaces (previously approved with 14 and 34 spaces respectively).
• Approximately 6,000 square feet of landscaped courtyard areas (17,500 square feet previously approved)
• A request for an exception from section 914-2.004 (Offsite Collect and Convey) of the County Ordinance Code to authorize onsite stormwater detention infrastructure incorporating a pump system, where collection and conveyance of stormwaters originating on or traversing the project site to an adequate watercourse within an adequate storm drain system is required.
• A request for an exception from 914-12.010 (Detention Basins) to authorize the private maintenance of the proposed detention/stormwater management basin, where maintenance by a public entity is required.
• Underground electrical, water, sanitary sewer, cable, and telecommunication utility connections to existing infrastructure within the Willow Pass Road public right-of-way.
• The construction of 10-foot-wide sidewalks and street lighting along Clearland Drive and Willow Pass Road frontages.
VI. AGENCY COMMENTS
On November 25, 2024, an Agency Comment Request packet for the revised multi-family residential/commercial mixed use project was sent to a number of public agencies, including the County Department of Conservation and Development (DCD) Building Inspection Division, DCD Advance Planning, DCD Transportation Planning, DCD Housing Programs, East Contra Costa County Habitat Conservancy, County Environmental Health, County Peer Review Geologist, County Department of Public Works, Contra Costa County Fire Protection Division, Delta Diablo Sanitary District, Contra Costa Water District, Golden State Water, City of Pittsburg, County Local Agency Formation Commission (LAFCO), Bay Point Municipal Advisory Council, County Mosquito & Vector Control District, California Historical Resources Information System (CHRIS) Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received.
A. Contra Costa Mosquito & Vector Control District: In an letter dated November 26, 2024, Vector Control District staff advised that the applicant should employ measures to ensure no creation or maintenance of a public nuisance (e.g. vectors, rodents) would result from the project.
An Advisory Note has been included in the Conditions of Approval and Advisory Notes specifying that the applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding the District’s requirements and permits.
B. DCD Transportation Planning: In a memo dated December 3, 2024, transportation planning staff advised of transportation-related policies/ordinance that are applicable to the project, including traffic analysis standards, bicycle facilities, and electric vehicle charging. The project, as conditioned, will not conflict with any of the policies specified by transportation planning staff.
C. DCD Housing Staff: In an email dated June 20, 2025, DCD housing staff summarizes the proposed state density bonus proposal and inclusionary housing plan. DCD housing staff further advised that the project proposal is consistent with applicable provisions of the County’s Inclusionary Housing Ordinance and State Density Bonus Law.
D. Contra Costa County Fire Protection District (CCCFPD): In a letter dated December 18, 2024, CCCFDP staff identifies requirements of the California Fire Code and California Building Code, California Residential Code, and local ordinances which are applicable to the project. An advisory note has been included in the project conditions of approval regarding additional approvals needed from outside agencies, including the fire district.
E. Golden State Water District: In a returned agency comment request form dated December 6, 2024, water district staff advise that the applicant must apply for new water service and pay applicable fees. An advisory note has been included in the project conditions of approval regarding additional approvals needed from the outside agencies, including the water district.
F. Bay Point Municipal Advisory Council (MAC): The Bay Point MAC discussed the revised project at their monthly meeting held on April 1, 2025. Public comments during this meeting indicate public concern with the projects’ proximity to a nearby church, public notifications for the project, on-street parking, and Contra Costa County labor standards regarding prevailing wages. The public comments received are similar to those received when the MAC last considered this project in April of 2022. There is no indication in the record of proceedings from the April 1, 2025 MAC meeting that the prior 2022 MAC recommendation to approve the project has changed as a result of the revised project.
G. County Peer Review Geologist: In a letter dated December 23, 2024, Darwin Myers Associates identifies the need for geotechnical investigation performed by a geotechnical engineer to ensure that building and foundation designs are designed appropriately for the site. The project is conditioned to require such geotechnical investigation, and further peer review prior to CDD stamp approval of grading or construction plans submitted to the County for the purpose of obtaining building/grading permits.
H. Department of Public Works, Engineering Services Division: In an email dated June 2, 2025, County staff Public Works Engineering Services Division staff advised that they are not recommending any additional conditions of approval (COA) for the revised project beyond those recommended with the prior approval of CDLP22-02029. In a subsequent email dated June 30, 2025, Engineering Services Division staff clarified that COA #39 of the prior permit, pertaining to bus stop relocation and crosswalk enhancement, may be omitted from the revised permit.
VII. ENVIRONMENTAL REVIEW
A draft Mitigated Negative Declaration/Initial Study (State Clearinghouse Number SCH 2023090474) was prepared and published on September 20, 2023. Potentially significant impacts were identified in the draft MND, including potential impacts to biological resources; accidental discovery of previously unknown archaeological and paleontological resources, human remains, and tribal cultural resources; potential drainage impacts, and construction period noise impacts. The public review period for the draft MND started on September 20, 2023 and ended on October 20, 2023. No comments were received in response to the publication of the draft MND, and therefore, preparation of a final MND was not necessary. The draft MND constitutes the MND for the application and is included as Attachment 4.
Regarding the granting of exceptions to the County Code requirements of Division 914 for offsite collect and convey, and detention basins, the exceptions would allow the project as proposed and evaluated in the MND, and therefore, neither the proposed project nor the MND will change as a result of the granting of the exception. If the exception is not granted, then the project would be subject to the Public Works conditions of approval pursuant to applicable drainage regulations in Division 914 of the County Code, and with the implementation of such regulations, the Development Plan would not result in any new significant impacts, necessitate any new mitigation, or alter any finding in the MND.
A Mitigation Monitoring Program was prepared based on the mitigation measures recommended in the draft MND. The Mitigation Monitoring and Reporting Program (MMRP) is included as Attachment 5. If approved, the MND mitigation measures would apply to the Land Use Permit/Development Plan as Conditions of Approval.
For the proposed modification to an approved project, State CEQA Guidelines (Section 15164; Appendix B) provides that an Addendum to an adopted MND may be prepared if only minor technical changes or additions are necessary or none of the following conditions (outlined in CEQA Guidelines Section 15162) calling for the preparation of a subsequent MND have occurred:
1. Substantial changes in the project, which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects;
2. Substantial changes with respect to the circumstances under which the project is undertaken which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time of MND adoption showing any of the following:
a. That the project will have one or more significant effects not discussed in the MND;
b. Significant effects previously examined will be substantially more severe than shown in the previous MND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative;
d. Mitigation measures or alternatives that are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative.
Accordingly, Community Development Division (CDD) staff has prepared an Addendum to the adopted MND, which is included with this staff report as Attachment 6. The attached addendum includes an impact assessment for the revised project. Based on this impact assessment, the CDD has concluded that the proposed revision to previously approved Land Use Permit #CDLP22-02029, will not result in new significant environmental effects not previously considered, nor increase the severity of previously identified significant effects. Therefore, no new mitigation measures would be necessary to reduce any impact to a less than significant level. No change has occurred with respect to circumstances surrounding the project that would cause new or substantially more severe significant environmental effects than those identified in the original IS/MND. In addition, no new information has become available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the original IS/MND. Therefore, no further environmental review is required beyond the attached addendum.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency:
1. Land Use Element: The project site is located within a Mixed Use Community-Specific Density (MUC) General Plan designation. In Bay Point, the MUC designation allows for development between 22-40 dwelling units per net acre with a maximum floor area ratio of 1.75:1. The intent of this designation is to allow for various housing types, along with a wide range of neighborhood- and community-serving retail and commercial land uses. The project consists of 124 residential units and 1,488 square-feet of commercial space, consistent with the permitted land uses within this designation. The 40 unit/acre maximum equates to a maximum of 100 units for the +2.5-acre project site. The project proposes 24 density bonus units beyond the 100 units otherwise permissible within the MUC designation pursuant to Government Resource Code sections 65915(b)(1)(g), (c)(1)(B)(ii), (f)(3)(d)(i), which authorizes a density bonus up to 80% for this project type. Thus, with the implementation of the State Density Bonus Law, the project density is consistent with the permitted density range in MUC. The project proposes a 1.25:1 floor area ratio, which is under the 1.75:1 maximum permitted in the MUC. Therefore, the revised project is consistent with the MUC land use designation.
2. Stronger Communities Element - Bay Point Policies: Bay Point includes a variety of land uses. The Contra Costa County 2045 General Plan specifies that Willow Pass Road and areas near the Pittsburg/Bay Point BART Station are envisioned as transitioning into denser and more vibrant community nodes. For the Willow Pass Road corridor is envisioned as a unified, well-designed corridor that acts as the heart of the community, incorporating a range of residential, neighborhood commercial, entertainment, and civic uses. Generally, development along this corridor should include varied setbacks, encouraging new buildings to be located close to the street frontage to create a more walkable pedestrian-friendly environment. The project is consistent with the envisioned corridor in terms of building placement and land use. Additionally, the project will include widening existing sidewalks along Willow Pass Road and Clearland Drive, consistent with the pedestrian-friendly principles encouraged for this area. The Stronger Communities Element of the General Plan also provides policies specific to the Bay Point area. The project is consistent with all applicable Bay Point area policies, as discussed below:
a. Bay Point Policy 1: Ensure new development does not create negative impacts such as increased toxic exposure, a net loss of affordable housing, or permanent displacement of residents and local legacy businesses that are valued by the community.
Project Compliance: The proposed mixed-use complex will be constructed on a vacant site. Therefore, there is no potential for the project to displace residents or businesses within the community. The project site has no history of land uses involving the storage or handling of hazardous/toxic materials on site. Additionally, the primarily residential land use proposed by the project does not typically involve the storage or handling of such materials. The construction phase of the project may involve the use of fuels, lubricants, paint, or other potentially toxic substances, but not in substantial quantities that would pose a risk of toxic exposure for future residents. Since the project would increase the affordable housing stock within the Bay Point area by 124 units, and not result in toxic exposure or displacement of residents or businesses, the project is in furtherance of Policy #1.
b. Bay Point Policy 2: Coordinate with the Housing Authority of Contra Costa County, affordable housing developers, and other organizations to transition vacant and underutilized land into affordable rental and ownership housing that serves Bay Point’s diverse population.
Project Compliance: The project site is identified in the Housing Element of the General Plan as having capacity for units with moderate, lower-income and very low-income affordability to meet the County’s Regional Housing Needs Allocation (RHNA). The project consists of the development of vacant land with 124 residential apartment units, 100% of which would be affordable to low- and moderate-income households. The use of the State Density Bonus Law to maximize project density, and the 100% affordable nature of the project would provide rental housing serving Bay Point’s diverse population. Thus, the project is in furtherance of Policy #2.
c. Bay Point Policy 3: Establish proactive and effective partnerships with local community-based organizations that have relationships, trust, and cultural competency with Bay Point communities to assist with outreach for local initiatives and issues and expand engagement efforts to schools and community centers.
Project Compliance: The development of the residential and commercial mixed-use project would not expectedly conflict with outreach efforts for future policy planning initiatives pursued by the County.
d. Bay Point Policy 4: Support community beautification and safety through graffiti removal, improved trash collection litter reduction, street and sidewalk maintenance, abatement of illegal dumping, and code enforcement.
Project Compliance: The project site consists of residential and commercial mixed use improvements upon presently vacant land. The construction of a high-quality development on underutilized land will limit the potential for code enforcement activity on the site relating to illegal dumping or rampant weed growth to occur on site. Additionally, if the project is approved, the property frontages will consist of building facades that are highly visible from adjoining rights-of-way, which may discourage graffiti on the project site. Thus, the development will not conflict with community beautification efforts, consistent with Policy #4.
e. Bay Point Policy 5: Support implementation of the 2020 Pittsburg/Bay Point Community Based Transportation Plan.
Project Compliance: The 2020 Pittsburg/Bay Point Community Based Transportation Plan (CBTP) is a planning document which evaluates the existing area-wide transportation system and identifies transportation “access gaps“ in the Pittsburg and Bay Point areas, and provides project and program recommendations intended to reduce such access gaps consistent with community priorities. Generally, the CBTP recommendations are applicable to specific streets or intersections within the Bay Point area, most of which are not proximate to the project site. CBTP recommend improving pedestrian and bicycle experience and safety along Willow Pass Road by installing/upgrading infrastructure. The project includes sidewalk widening along the entirety of the project frontages, an improvement which will enhance the pedestrian experience. Additionally, the project would not obstruct or reduce the width of adjoining public rights-of-way in a manner that would interfere with the existing Class II bicycle path along Willow Pass Road, or prevent the installation of a of new Class IV bicycle path in the future. Therefore, the project does not conflict with the implementation of the 2020 Pittsburg Bay Point CBTP consistent with Policy #5.
f. Bay Point Policy 6: Encourage development of neighborhood-oriented shopping and services, especially within walking distance of housing.
Project Compliance: The project includes commercial retail area as part of the predominantly residential mixed use project. The retail area may be utilized by a variety of neighborhood-oriented retail or commercial services conveniently accessible to future residents. The site is also within walking distance of several established restaurants or retail business, and the introduction of new residential units in the area could be beneficial to the community in retaining existing commercial tenants, attracting new commercial tenants, and encouraging new commercial development on underdeveloped commercial properties. Thus, the project is consistent with Policy #6.
g. Bay Point Policy 7: Encourage assembly of parcels in medium- and higher-density residential areas to allow for higher-quality, denser residential development.
Project Compliance: The project involves the assembly of two adjoining parcels in a higher-density residential area for the purpose of constructing a high-quality residential development at a higher density than could be achieved if either of the parcels were to be independently developed. Therefore, the project is consistent with Policy #7.
h. Bay Point Policy 8: Minimize the number of streets and driveways intersecting or entering Willow Pass Road by using secondary roads, assembling frontage parcels, using shared access on abutting properties, and other approaches.
Project Compliance: The project proposes vehicular ingress/egress to the site via Clearland Drive. One additional northeasterly driveway is proposed along the project’s Willow Pass Road frontage, but this driveway is intended for emergency vehicle access only and would be secured with a gate to prevent regular use by building occupants. Therefore, the project restricts vehicular access along Willow Pass Road, consistent with Policy #8.
i. Bay Point Policy 9: Improve commercial visibility on Willow Pass Road by controlling the placement, design, number, and size of new signs to convey business identity without being visually disruptive.
Project Compliance: The project includes a 1,488 square-foot ground-floor commercial area along the project frontage with Willow Pass Road. All proposed signage proposed by future tenant(s) of this area will be subject to the provisions of the Bay Point areawide P-1 guidelines and the County’s Sign Ordinance. Considering that the development primarily consists of residential apartments, and that the commercial area comprises a small fraction of the ground floor building façade, the project has minimal potential to result in excessive signage adversely affecting the visibility of established commercial businesses proximate to the site. The nature and scale of the project is such that identifying signage for the 1,488 square-foot commercial tenant space will not become visually disruptive along the Willow Pass Road Corridor. Therefore, the project is consistent with Policy #9.
j. Bay Point Policy 10: Support ARPD efforts to meet the community’s recreation needs effectively and efficiently.
Project Compliance: The project will not conflict with or displace any existing Ambrose Recreation and Park District (ARPD) park or recreational facility. Additionally, the project is conditioned to require the developer to pay per unit Park Impact and Park Dedication Fees which would provide funding for the acquisition and development of parks in Contra Costa County. While the project may increase demand on neighborhood parks, including ARPD facilities, the increased demand would expectedly be offset by the applicable Park Impact and Park Dedication Fees. Therefore, as conditioned, the project will not conflict with Policy #10.
k. Bay Point Policy 11: Support proposals for high-quality redevelopment of McAvoy Harbor.
Project Compliance: The project site does not include any portion of McAvoy Harbor, therefore, Policy #11 is not applicable to the project.
3. Growth Management Element: To regulate growth associated with development projects, the Growth Management Element of the General Plan includes policies intended to achieve the following goals: 1) that new residential and nonresidential growth pay for the facilities required to meet the demands resulting from that growth, 2) cooperative transportation and land use planning in Contra Costa County, 3) land use patterns that make more efficient use of the transportation system, and 4) infill and redevelopment in existing urban and brownfield areas.
As part of the previously entitled project, County File #CDLP22-02029, a transportation analysis was prepared by Abrams Associates Traffic Engineers Inc., dated September 26, 2022, evaluated the potential transportation impact of the proposed project, including analysis of project intersections, various traffic analysis scenarios, and the existing roadway network. The traffic analysis forecasts that the existing stop-sign-controlled intersection at Clearland Drive and Willow Pass Road providing access to the project would have acceptable operations under all scenarios. The traffic analysis concludes that operations for through traffic on Willow Pass Road would not be significantly affected and the intersection would not meet Caltrans Peak Hour Warrant for a traffic signal. Considering that the project site is located in an area that already has fully improved roadways and signalized intersections to direct and manage traffic flows in the area, and its proximity to mass transit, the project is not expected to negatively affect traffic patterns along this thoroughfare. The project is conditioned to require the payment of traffic impact fees, and area of benefit fees to contribute towards the development and maintenance public infrastructure needed to accommodate that growth. Based on the projects non-substantial effect on traffic patterns, and the assessment of impact fees, the project is consistent with Goals #1 and #2. Considering that the project consists of infill development within an urbanized area of the County near an existing major mass transit stop, the nature of the project is also aligned with goals 3 and 4. Thus, the project proposal is consistent with the Growth Management Element of the County’s General Plan.
4. Housing Element: The Housing Element of the General provides an assessment of both the current and future housing needs within the County, and to includes strategies that establish housing goals, policies, and programs. To implement and address the County’s housing needs and issues there are eight goals (HE-1 through HE-8) and goal-specific policies that are provided within the General Plan that address needs such as Housing/Neighborhood Conservation, Housing Production, Special Needs Housing, Housing Affordability, Provision of Adequate Residential Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunities; some of which are implemented at a regional, policy, or program level, and thus would not be enforced at the planning review stage for an individual development project. As part of development review of the proposed project, staff identified policies HE-1, HE-2 and HE-4 as applicable to the proposed development. As discussed below, the project is consistent with and in furtherance of applicable housing element policies.
Housing Element Goal HE-1 is to “maintain and improve the quality of the existing house stock and residential neighborhoods in Contra Costa County.” The proposed project is consistent with this goal as it will provide 124 multi-family residential units, that consist of an architectural design which is compatible with the adjacent developments, but that can also be seen as more contemporary than many of the older residential developments in the Bay Point area. The proposed development includes amenities such as off-street parking, outdoor sitting areas, children play areas, laundry facilities, secure indoor bike parking, and convenient access to nearby commercial areas and public transportation. Housing Element goal HE-2 is to “increase the supply of housing with a priority on the development of affordable housing.” Each of the proposed residential units will be affordable to low- and moderate-income households. The project is subject to the County’s Inclusionary Housing Ordinance (IHO - Chapter 822-4 of the County Ordinance Code), which requires at least 15 inclusionary units, at least three of which are affordable for very-low income households, with the remaining twelve affordable for lower-income households. Pursuant to the State Density Bonus Law, the project is seeking a waiver to the IHO requirement for three very-low-income units. Considering that the proposed 100 low-income units far exceed that which would be required under the IHO, the project is consistent with this goal, even with the waiver to forego the construction of three very-low income units as part of the project. Lastly, Housing Element goal HE-4 is to “improve housing affordability for both renters and homeowners.” The 100% affordable nature of the proposed project is clearly in furtherance of this goal.
5. Conservation, Open Space, Working Lands Element: The Conservation Element of the General Plan is concerned with the identification, preservation, and management of natural resources within the County including agricultural, ecological, water, historic and cultural, scenic, mineral and energy resources. Due to the project site’s location within an urban and densely developed area of the County, the potential for such resources existing on or in close proximity to the site is low. The project site has been completely disturbed by prior land-use activities, and vegetation is sparse due to compacted gravel applied to much of the site. There are no known occurrences of special status species of plants/wildlife on or near the site. There are no creeks/waterway, agricultural lands, or known mineral or cultural resources on or near the subject property. Therefore, the project has little to no potential for conflict with conservation policies intended to conserve such resources within Contra Costa County.
6. Health and Safety Element: The Health and Safety Element of the General Plan is coordinated with the Land Use Element, and as a result may at times justify the lowering of density or alternate design modification for development such as the proposed residential project based on health/safety hazards such as seismic hazards, air quality, wildfire hazards, and other hazards associated with climate change. The project site is not located within seismic hazard zones (e.g. landslide hazard, liquefaction hazard, or Alquist-Priolo Fault hazard zones), as mapped by the California Department of Conservation. Additionally, the project site is not within a FEMA flood hazard zone, or a wildfire hazard severity zone. Thus, the project has little potential to conflict with General Plan policies intended to mitigate such hazards. Lastly, based on the findings of the Air Quality and Greenhouse Gas Assessment (April 20, 2022) prepared for the project by Wolf Environmental, Inc., the 124-unit development would not result in a conflict with an applicable air quality plan, nor would it result in a cumulatively considerable net increase of any criteria air pollutant beyond thresholds of significance adopted by the Bay Area Air Quality Management District (BAAQMD). Therefore, in cumulative consideration of the above, the project does not conflict with the goals or policies of the Health and Safety Element of the County General Plan.
7. Transportation Element: The Transportation Element of the General Plan includes policies and goals intended to promote effective transportation system that promotes multi-modal transportation. The project site is located within the Pittsburg-Bay Point BART Station Area Specific Plan, and is situated along multiple Tri-Delta Transit bus routes destined for the BART station. Thus, the project would enjoy convenient access to an existing high-quality mass transit stop. The project site includes frontages along the Clearland Drive and Willow Pass Road public rights-of-way, both of which are presently improved with sidewalks and Class II bike lanes. Additionally, the project includes short-term and long-term bicycle parking facilities that would support future residents who commute via bicycle. As mentioned within the Growth Management Element consistency discussion above, the project will not result in a substantial traffic impact Considering the less than significant traffic impact resulting from the project and the availability of quality mass transit, pedestrian, and bicycle facilities, the project is consistent with Transportation Element policies supporting an effective multi-modal transportation system.
B. Zoning Compliance: The proposed development is in the Bay Point P-1 Planned Unit District. Development standards applicable to the Willow Pass Road Commercial Mixed Use, which was created specifically for this portion of Willow Pass Road within the Bay Point P-1 District. The Bay Point P-1 District, and the underlying general plan land use designation are intended to provide a community-oriented mixed-use area that is conveniently located for both nearby residents and those passing through from the greater community. Although tenants for the proposed commercial spaces have yet to be identified, several commercial uses are specified within the Bay Point P-1 land use matrix, that would be compatible with residential uses in the vicinity. The project would exceed the maximum building height (4-stories/55 feet proposed where 3-stories/50 feet are permitted) development standards for the Bay Point P-1 District, for which the project has requested concessions pursuant to State Density Bonus laws. The granting of incentives or concessions are not considered variances or deviations to development standards pursuant to State Density Bonus laws and the project is otherwise consistent with the development standards for the Bay Point P-1 District.
C. Housing: This project is proposed on two Assessor’s Parcel Numbers (APNs: 093-081-027 and 093-081-028) which are both listed in the County’s approved and adopted 6th Cycle Housing Element’s sites inventory with a combined housing capacity of 30 units of low (80% AMI) and very low (50% AMI) income units on APN 093-081-028; 1 above moderate (above 120% AMI) unit and a combined amount of 46 low (80% AMI) and very low (50% AMI) units on APN 093-081-027. The aggregate RHNA units for the two parcels is 1 above moderate unit and 76 units of low and very low-income units. The development proposes 100 units at lower income (80% AMI) affordability and 24 units at moderate income (120% AMI) affordability. The proposed project will include affordable units, but at different levels of affordability from that listed in the sites inventory. The current surplus unit capacity for low and very low-income units in the County’s sites inventory is 1,186 units and the number of surplus unit capacity of above-moderate units in the County’s sites inventory is 618 units. The construction of this project will provide 100 percent affordable units, will contribute to meeting the County’s RHNA for this cycle’s housing element, and will not result in a net loss of units in the County’s site’s inventory capacity.
The project is subject to the Inclusionary Housing Ordinance (IHO - Chapter 822-4 of the County Ordinance Code), which requires the project to provide at least twelve units available to low-income tenants (80% AMI), and three additional units available for very low-income (50% AMI) tenants. The project requests a State Density Bonus waiver to allow the developer to forego the very-low income units. The project would still provide 100 units affordable to low-income households, a number that far exceeds the overall IHO project requirements (in terms of unit count). Thus, the project is considered substantially consistent with the County’s Inclusionary Housing Ordinance.
D. Parking: The subject property is within Zone III of the Pittsburg-Bay Point BART Station Area Specific Plan Development Standards for the Bay Point P-1 District require a minimum of 1 space per residential unit, and 3.3 spaces per 1,000 s.f. of commercial floor area. The total parking requirements for the facility are as follows:
|
|
Required Ratio |
Required Parking Spots |
|
Residential Parking |
1 per dwelling unit |
124 |
|
Commercial Parking |
3.3 per 1,000 s.f. |
5 |
|
Short Term Bicycle |
5% of # of bdrm. + 2 commercial |
10 |
|
Long-Term Bicycle |
15% of number of bedrooms + 2 commercial |
26 |
The proposed project provides 129 residential parking spaces and an additional 5 commercial parking spaces, meeting the minimum off-street parking requirement for the project. Additionally, the project includes 26 total long term bicycle parking spaces within the building interior for residential units and the commercial tenant space. An additional 10 outdoor short-term bicycle parking spaces for the project meet the combined requirements for the residential and commercial elements of the project. As proposed, the project is consistent with minimum requirements for the mixed-use project, as specified under County Ordinance Code section 82-16.412.
E. Traffic: The project site is located within an urban and previously developed neighborhood of Bay Point. In addition, the project site abuts Willow Pass Road, a major roadway that provides access to and from Bay Point. At the request of the project proponent, Abrams Associates prepared a transportation analysis, dated September 26, 2022, evaluating the potential transportation impact of the proposed project, including analysis of project intersections, various traffic analysis scenarios, and the existing roadway network. The traffic analysis forecasts that the existing stop-sign-controlled intersection at Clearland Drive and Willow Pass Road providing access to the project would have acceptable operations under all scenarios. The traffic analysis concludes that operations for through traffic on Willow Pass Road would not be significantly affected and the intersection would not meet Caltrans Peak Hour Warrant for a traffic signal. Considering that the project site is located in an area that already has fully improved roadways and signalized intersections to direct and manage traffic flows in the area, the project is not expected to negatively affect traffic patterns along this thoroughfare. Therefore, no significant traffic-related impacts are anticipated as a result of this development.
F. Site Access and Circulation: Vehicular access to the project site for future occupants would be via Clearland Drive. No additional right-of-way dedications are necessary to achieve the ultimate planned width of this roadway. A secondary access driveway along the Willow Pass Road frontage will provide access for emergency vehicle apparatus only. The interior roadways within the project are designed to conform to County design standards and meet the minimum lane width for accommodating emergency vehicles.
In their agency comment memo dated December 6, 2023, Engineering Services Division noted that the proposed driveway along Clearland Drive should either be shifted to align with either of the existing driveways opposite Clearland Drive, or that modifications to the median islands within Clearland Drive to prevent a potential traffic hazard with adjacent driveways. The applicant has indicated that they intend to modify the median islands in order to prevent the reduction of off-street parking that would result from relocating the driveway. The requirement for review and approval of the construction level drawings of the driveway intersection with Clearland Drive, including modifications to median islands, is included in the Conditions of Approval and Advisory Notes.
G. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on the 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 waters to an adequate natural watercourse. The project site is located within drainage areas DA48B. Due to infrastructure constraints downstream of the project site, the project proposes to detain stormwater runoff on site before releasing it downstream through a combination of metering and supplemental assistance employing pumps. The proposed drainage plan will maintain the drainage pattern presently existing on site, discharging to DA 48B. The preliminary drainage plan includes a hydrology report indicating that the post-project conditions would be substantially similar to pre-project conditions in terms of volume and rate of discharge into the existing storm drain infrastructure within DA 48B. The proposed drainage plan requires approval of exceptions to Division 914 of the County Ordinance Code to (1) forego typical collect and convey requirements and to (2) allow private maintenance of the onsite detention basin. Having reviewed the preliminary drainage plan, the Department of Public Works have indicated that they are not opposed to the granting of the exceptions. If approved, the final design plans for site drainage improvements will undergo further scrutiny in order to verify that the stormwater runoff from the site is at or below pre-construction flow rates prior to the issuance of permits. Thus, with the granting of the exceptions, the proposed drainage plan substantially meets the intent and purpose of Division 914 of the County Ordinance Code.
H. Storm Water Management and Discharge Control Ordinance: This project is required to be in full compliance with the County’s Storm water Management and Discharge Control Ordinance, the Storm water “C.3” Guidebook (sixth edition), and the requirements of the Regional Water Quality Control Board. A preliminary Storm Water Control Plan dated May 3, 2022, was reviewed and determined to be preliminarily complete by the Engineering Services Division.
I. Annexation to Lighting District: The project site is already annexed into the County Service Area L-100 Lighting District. The applicant will not be required to annex into the lighting district.
J. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for Bay Point and East Contra Costa County Regional Fee and Finance Authority / Regional Transportation Development Impact Mitigation (ECCRFFA/RTDIM), ECTIA, and Bay Point Areas of Benefit, as adopted by the Board of Supervisors. These fees shall be paid prior to the issuance of building permits.
K. Appropriateness of the Use: If approved, the project will allow the establishment of a multi-family residential/commercial mixed-use complex on a site that has remained vacant and underutilized for an extended period of time. The proposed development is consistent with the uses permitted within the P-1 zoning district, and is consistent with the underlying Mixed-Use Community-Specific Density (MUC) General Plan Land Use designation. In addition, the development has been designed in a manner that is compliant with the General Plan Specific Area Policies that have been outlined for the Bay Point area. The project’s prioritization of developable space to maximizing residential density, at the expense of a more substantial commercial component within the mixed use project is consistent with the County’s goals to prioritize affordable housing on pre-identified sites to meet the County’s Regional Housing Needs Allocations (RHNA) as required by state law. The project predominantly consists of housing affordable to lower-income households on property identified by the County as having capacity for units with moderate, lower-income and very low-income affordability to meet the County’s RHNA. The project utilizes State Density Bonus Laws, pursuant to Government Resources Code Section 65915 to maximize the number of affordable housing units provided by the project, at a residential density 24% beyond that which would otherwise be permissible within the zoning district and General Plan land use designation in which the property is located. The development will consist of an architectural design and overall configuration that is compatible with both the commercial and residential land uses in the surrounding area. Based on the above, staff considers the proposed Willow Pass Apartments multi-family residential/commercial mixed use project is an appropriate use for the project site.
IX. CONCLUSION
With Conditions of Approval, the proposed project is consistent with applicable policies and standards of the General Plan and zoning code. In addition, an environmental analysis of the project was completed and found that the proposed project would not have a significant impact on the environment with the incorporation of specific mitigations. Staff recommends approval of Development Plan CDDP24-03051 for the Willow Pass Apartments, based on the attached findings and subject to the attached conditions of approval.
Attachments:
1) Findings and Conditions of Approval
2) Maps and Plans
3) Agency Comments
4) Adopted IS/MND (CDLP22-02029)
5) Adopted MMRP (CDLP22-02029)
6) Addendum to IS/MND
7) Applicant’s Density Bonus Narrative