To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: CONTRA COSTA COUNTY -County Files ##CDGP23-00003, #CDZT23-00002, #CDRZ23-03272
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on a Resolution, Ordinance No. 2024-02, and Ordinance No. 2024-03; RECEIVE testimony; and CLOSE the public hearing.
2. DETERMINE that the Housing Element Environmental Impact Report certified by the Board of Supervisors on June 13, 2023, adequately analyzes the Housing Element Sites Inventory Zoning and General Plan Updates Project, which includes adopting Resolution No. 2024/XX, Ordinance No. 2024-02, and Ordinance No. 2024-03, in compliance with the California Environmental Quality Act (CEQA).
3. ADOPT Resolution No. 2024/XX, amending the General Plan Land Use Element to create a Housing Element Consistency (HEC) land use designation and update the Land Use Map to designate sites listed in the Housing Element Sites Inventory to the HEC land use designation (County File #CDGP23-00003).
4. ADOPT Ordinance No. 2024-02, establishing a Housing Element Consistency zoning district to enable residential development consistent with the County’s Housing Element. (County File #CDZT23-00002).
5. ADOPT Ordinance No. 2024-03, rezoning parcels listed in the Housing Element Sites Inventory to the Housing Element Consistency zoning district (County File #CDRZ23- 03272).
6. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk and with the State Clearinghouse.
7. AUTHORIZE the Department of Conservation and Development to pay the fees charged by the County Clerk and State Clearinghouse for filing the CEQA Notice of Determination.
FISCAL IMPACT:
The cost of preparing this ordinance has been funded by the Department of Conservation and Development.
BACKGROUND:
California's Housing Element Law emphasizes the crucial role of local governments in facilitating housing development to meet the needs of residents. Effective implementation of local general plans and housing elements is paramount to achieving this goal. In accordance with this mandate, the Contra Costa County Planning Commission reviewed the Revised 6th Cycle Housing Element on November 15, 2023, and the Board of Supervisors subsequently approved and adopted it on December 12, 2023.
The updated Housing Element outlines the County's strategy to fulfill its Regional Housing Needs Allocation (RHNA) share of units, as determined by the Department of Housing and Community Development (HCD) and Association of Bay Area Governments (ABAG). To achieve this target, modifications to the Land Use Element and Zoning Code are essential to enable the development of housing units aligned with the RHNA allocation.
While the Envision Contra Costa 2040 General Plan Update and Zoning Code Update are expected to establish regulations that harmonize with the Housing Element, the County is obligated to implement zoning compatible with the Housing Element by January 31, 2024, preceding the completion of the Envision Project. As an interim measure, the proposed Housing Element Consistency land use designation and zoning district will implement the necessary changes to accommodate the development outlined in the Housing Element. Once the Envision General Plan Update and Zoning Code Updates are adopted, the sites would be redesignated to the appropriate land use designation and zoning district.
Proposed Changes
General Plan Land Use Element
The proposed County-initiated amendment to the 2005-2020 Contra Costa County General Plan would create a new Housing Element Consistency (HEC) land use designation and apply that land use designation to the Housing Element’s Housing Sites Inventory parcels that are currently inconsistent with the Housing Element. The land use designation would allow for development of residential projects, including some mixed-use projects, at densities defined in the accompanied Housing Element Sites Consistency Table. The following language would be added to the Land Use Element, Section 3.7, as a new residential land use designation:
n. Housing Element Consistency (HEC)
This designation allows for residential development at densities outlined in the Housing Element Sites Consistency Table. Primary land uses include all residential buildings and unit types that enable achievement of the specified densities, and the accessory buildings and structures normally auxiliary to them. This designation also allows for mixed-use development with commercial uses typically found in smaller-scale neighborhood, community, and thoroughfare commercial districts, such as retail businesses, personal services, and limited offices, provided the mixed-use development does not impede achievement of the specified residential densities.
The Land Use Map of the Land Use Element would also be updated to redesignate the specified parcels to the HEC land use designation if their current land use designation is inconsistent with the Housing Element. The changes have previously been identified in the adopted housing element, and the proposed amendment to the Land Use Element would implement these changes.
Housing Element Consistency (HE-C) Zoning District
The Ordinance would add Chapter 84-92 to the County Ordinance Code to establish the HE-C Housing Element Consistency (HE-C) Zoning District. The district would provide limits on the allowed uses and standards for development for parcels identified on the Housing Element Sites Consistency Table, which would be adopted with the district.
The accompanying rezoning would apply the newly created HE-C district to parcels identified on the Housing Element Sites Consistency Table, which would be adopted as part of the Housing Element Consistency (HE-C) Land Use District Ordinance. The parcels include sites identified in the Housing Element’s Housing Sites Inventory and associated clean-up sites that are inconsistent with the current zoning, as identified in the attached Ordinance maps and Rezoning Summary Area Map (Attachment E). The primary purpose of the zoning district would be to allow for development consistent with the recently adopted Housing Element.
Planning Commission Hearing
The County Planning Commission held a hearing on January 10, 2024, to consider these amendments to the General Plan and Zoning Code. At the conclusion of the public hearing the Planning Commission voted unanimously to recommend these amendments to the Board of Supervisors.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board decides not to adopt the proposed General Plan and Ordinance Code Amendments, then Land Use Element of the General Plan, and the Zoning Ordinance will not be consistent with the County General Plan Housing Element.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF A RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS IN THE MATTER OF APPROVING A GENERAL PLAN AMENDMENT FOR THE HOUSING ELEMENT SITES INVENTORY ZONING AND GENERAL PLAN UPDATES PROJECT (COUNTY FILE NOS. CDGP23-00003, CDZT23-00002, CDRZ23-03272)
RECITALS
A. The California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and Businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code, § 65589.5.).
B. State Housing Element Law (Government Code Section 65580 et seq.) requires that the Board of Supervisors adopt a Housing Element for the eight-year period of 2023-2031 to accommodate the unincorporated Contra Costa County regional housing need allocation (RHNA) of 7,610 housing units, including 2,072 very-low income units; 1,194 low-income units; 1,211 moderate-income units; and 3,133 above moderate-income units.
C. If a jurisdiction’s Housing Element does not identify enough existing, properly zoned sites to accommodate its RHNA, the Housing Element must have a program to rezone properties for housing to make up for the shortfall. The County’s adopted Housing Element Sites Inventory identifies sites (Table B) that will be redesignated and rezoned to enable residential development consistent with the Housing Element.
D. If the State Department of Housing and Community Development (HCD) does not find a housing element to be in compliance by May 31, 2023, then all redesignated rezoning required to provide adequate sites must be accomplished by January 31, 2024.
E. The Contra Costa County Board of Supervisors, following review by HCD, adopted the Revised 6th Cycle Housing Element (2023-2031), on December 13, 2023.
F. The Contra Costa County Planning Commission held a public hearing on January 10, 2024, to consider the Housing Element Zoning and General Plan Updates Project, and recommended unanimously that the Contra Costa County Board of Supervisors adopt a Resolution, amending the General Plan Land Use Element to create the Housing Element Consistency (HEC) land use designation, and to update the Land Use Map to designate specified parcels to the HEC land use designation.
G. The Contra Costa County Board of Supervisors held a public hearing on January 16, 2024, to consider the Housing Element Zoning and General Plan Updates Project. The project includes Determining that the Housing Element Environmental Impact Report and Mitigation Monitoring and Reporting Program, certified by the Board of Supervisors on June 13, 2023, adequately analyzes the Housing Element Sites Inventory Zoning and General Plan Updates Project, and adoption of a General Plan Amendment (County File #CDGP23-00003).
H. The General Plan Amendment for the Project amends the Land Use Element to create the Housing Element Consistency (HEC) land use designation, including the following text addition to Section 3.7:
n. Housing Element Consistency (HEC)
This designation allows for residential development at densities outlined in the Housing Element Sites Consistency Table. Primary land uses include all residential buildings and unit types that enable achievement of the specified densities, and the accessory buildings and structures normally auxiliary to them. This designation also allows for mixed-use development with commercial uses typically found in smaller-scale neighborhood, community, and thoroughfare commercial districts, such as retail businesses, personal services, and limited offices, provided the mixed-use development does not impede achievement of the specified residential densities.
I. The General Plan Amendment for the Project amends the Land Use Element Map to redesignate the parcels identified in the Housing Element Sites Consistency Table from various existing land use designations to a Housing Element Consistency (HEC) land use designation, as shown in the attached Land Use Maps and incorporated herein (Staff Report Attachment C).
J. A resolution is required under Government Code Section 65356 to amend a general plan.
NOW, THEREFORE, BE IT RESOLVED
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1. The foregoing recitals are true and correct and are incorporated by reference.
2. The Board of Supervisors makes the following General Plan Amendment findings:
a. Required Finding: That adoption of the proposed General Plan amendment is consistent with the provisions of the County’s Urban Limit Line as outlined in Measure L-2006.
The effected properties are located within the County’s Urban Limit Line (ULL) which limits certain areas of the County to nonurban uses and helps to preserve farmland and open space. Since the proposed changes are within the ULL, the urban residential redesignation would be allowed. No changes are proposed that would allow urban development outside the ULL.
b. Required Finding: That adoption of the proposed General Plan amendment will not result in a violation of the County’s 65/35 Land Preservation Standard.
Adoption of the proposed General Plan Amendment (GPA) will not cause a violation of the 65/35 Land Preservation Standard (the “65/35 Standard”), originally approved by County voters through adoption of Measure C-1990 and reaffirmed through adoption of Measure L-2006. Under the 65/35 Standard, no more than 35 percent of the land in the County may be developed with urban uses and at least 65 percent of the land must be preserved for nonurban uses such as agriculture, open space, parks, wetlands, etc. The term "nonurban uses" refers to rural residential and agricultural structures allowed by applicable zoning and facilities for public purposes, whether privately or publicly funded or operated, which are necessary or desirable for the public health, safety or welfare or by state or federal law. Approximately 28 percent of the land is currently designated for urban uses. While the rezoning and general plan amendments include numerous land use designation changes to accommodate the Regional Housing Need Allocation (RHNA), they are all urban-to-urban changes, meaning the percentage of land designated for urban uses will not increase as a result of the GPA.
c. Required Finding: That adoption of the proposed General Plan amendment complies with the provisions of Measure J-2004, the Contra Costa Growth Management Program, and related Contra Costa Transportation Authority resolutions.
Adoption of the proposed GPA is exempt from the GPA review process specified in the Contra Costa Growth Management Program and related Contra Costa Transportation Authority resolutions. Furthermore, the project complies with the objectives and requirements of the Growth Management Program, and related Contra Costa Transportation Authority (CCTA) resolutions. Adoption of the proposed GPA will not increase the number of traffic trips in the County and generated energy is expected to feed into the existing electrical grid, offsetting or replacing electricity which is currently provided by non-renewable sources; thus, the amendment does not allow unsupported new development.
d. Required Finding: That adoption of the proposed General Plan amendment will not cause the General Plan to become internally inconsistent, in violation of Government Code Section 65300.5.
The General Plan comprises an integrated, internally consistent, and compatible statement of policies governing development in the unincorporated areas. The subject changes will align the Land Use Element of the General Plan with the newly adopted policy guidance in the 6th Cycle Housing Element, which is more progressive and addresses a wider range of issues than the guidance found in the existing General Plan. A comprehensive General Plan update is underway, with adoption of the new General Plan anticipated for the first half of 2024. Upon completion of the update, all elements of the new General Plan will contain a consistent level of policy guidance.
e. Required Finding: That adoption of the proposed General Plan amendment is in the public interest, as required under Government Code Section 65358(a).
Adoption of the proposed GPA is in the public interest. The Bay Area suffers from a severe housing shortage. The County’s RHNA for the 5th Cycle Housing Element (2015-2023) was 1,367 units at various affordability levels, while the RHNA for the 6th Cycle Housing Element (2023-2031) is 7,610 units. The 6th Cycle Housing Element plans for 2,072 units for very low-income households (those earning <50% of the area median income) and 1,194 units for low-income households (those earning 50% to 80% of the area median income), thus adding to the housing stock and helping alleviate the housing shortage.
f. Required Finding: That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b).
Pursuant to Government Code Section 65358(b), no mandatory element of the General Plan may be amended more than four times per calendar year. Adoption of the updates to the Land Use Element affects a mandatory element and is the first amendment to such element for 2024.
3. The Board of Supervisors hereby ADOPTS the General Plan Amendment (County File #CDGP23-00003) to create the Housing Element Consistency (HEC) land use designation, and to redesignate the parcels identified on the Housing Element Sites Consistency Table to Housing Element Consistency (HEC) land use designation, and ADOPTS said General Plan Amendment as part of the first consolidated General Plan Amendment to the Land Use Element for calendar year 2024, as permitted by State Planning Law.