CITY COUNCIL STAFF REPORT
Meeting Date: May 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO.___-23, A
RESOLUTION OF FINDINGS AND CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT (SCH #2022070095) AND
ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF
OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING
AND REPORTING PLAN, ADOPT RESOLUTION NO.___-23 ADOPTING THE CITY OF PLEASANT HILL 2040 GENERAL PLAN, AND ADOPT
RESOLUTION NO.___-23 REPEALING THE 2015-2023 CITY OF
PLEASANT HILL HOUSING ELEMENT AND ADOPTING THE 2023-
2031 CITY OF PLEASANT HILL HOUSING ELEMENT.
SYNOPSIS
The City Council is requested to consider a recommendation by the Planning Commission to adopt the City of Pleasant Hill 2040 General Plan, the 2023-2031 Housing Element and certify an accompanying Environmental Impact Report (EIR). The Planning Commission held a meeting on the items at a Special Meeting on May 3, 2023. At the meeting, the Commission received public comments, reviewed all of the documents and recommended to the City Council to adopt both the General Plan and Housing Element and certify the accompanying EIR.
DISCUSSION
Project Description
At a special meeting on May 3, 2023, the Planning Commission recommended that the City Council adopt the 2040 General Plan and 2023-2031 Housing Element, and certify the associated Environmental Impact Report (EIR). The items to be reviewed include the following:
Pleasant Hill 2040 General Plan and Environmental Impact Report The Pleasant Hill 2040 General Plan is a long-range planning document that guides decisionmaking and establishes rules and standards for future development and improvements citywide.
It reflects the community's vision for the future, and is intended to provide direction through the year 2040. The 2040 General Plan process, which began in March 2019, included several community engagement events, where community input was solicited to help guide the future of the City.
The Pleasant Hill 2040 General Plan satisfies the requirements of State law by addressing seven mandatory elements and one optional element. The 2040 General Plan includes the following elements:
1. Economics and Economy (optional)
2. Land Use
3. Housing
4. Transportation and Circulation
5. Public Facilities, Services, and Infrastructure
6. Open Space, Parks, and Recreation
7. Environment
8. Hazards and Safety
Some of the required elements address additional issues of local interest. Each element contains goals and policies that will guide future decisions within the City. They each also identify a set of implementation programs that will be used to ensure the policies and goals in the 2040 General Plan are observed and realized.
2023-2031 Housing Element Update
The City completed an update to its Housing Element for the 2023-2031 planning period (i.e., the “6th Cycle”). The purpose of the Housing Element is to ensure there is adequate land in place to accommodate Pleasant Hill’s allocated share of new housing development, as determined by the State and apportioned through the Regional Housing Needs Allocation, or RHNA, process.
The 2023-2031 Housing Element identifies and addresses housing needs through 2031 and includes significant updates for compliance with State housing law.
Associated Environmental Impact Report
The City prepared an EIR, which evaluates any potential significant impacts that may arise from the implementation of the 2040 General Plan and Housing Element. This assessment and evaluation is required under the California Environmental Quality Act (CEQA).
Background/Overview
What is a General Plan?
Every jurisdiction in California must have a General Plan, which is the City’s long-term framework or “constitution” for future growth and development. The General Plan represents the community’s view of its future and expresses community development goals. The General Plan contains the goals and policies upon which both the City Council and Planning Commission will base their land use and resource decisions. California State law requires municipalities to adopt a General Plan for the physical development of the jurisdiction and any land outside its boundaries that bears relation to its planning. Typically, a General Plan also addresses the issues a jurisdiction anticipates facing over a 20-year time horizon.
A General Plan has three defining features:
1. General. A General Plan provides general policy guidance to direct future land use and resource decisions.
2. Comprehensive. A General Plan is comprehensive, covering topics including land use, housing, economic development, infrastructure, public safety, recreation, natural resources, among others.
3. Long-Range. A General Plan provides guidance for achieving the community’s vision for the City 20 or more years into the future. To achieve the vision, this comprehensive plan includes goals, policies, and programs/actions that address both immediate and longterm needs.
General Plan Process
The General Plan process included seven phases, starting with the kick-off of the update process, which began in March 2019 through adoption of an updated General Plan. A description of the seven phases for the 2040 Pleasant Hill General Plan follows below:
1. Phase 1: Initiation. Begin the foundation for the project, including developing tools to be used throughout the update, meeting with the City’s General Plan Advisory Committee (GPAC), comprising two members of the City Council, two members of the Planning Commission, and one member of the Architectural Review Commission. This phase also includes initiating the community engagement program.
2. Phase 2: Community Engagement (ongoing throughout the update). Conduct community outreach and engagement, which includes GPAC meetings, City Council and Planning Commission meetings, Community Workshops, newsletters, and pop-up booths at festivals and events.
3. Phase 3: Existing Conditions and Trends. Compile information on existing conditions and trends within the City and overall Planning Area, based on topical areas that the General Plan covers.
4. Phase 4: Choices. Work with the community to prepare, evaluate, and ultimately define a preferred policy and land use alternative that will be the basis of the updated General Plan.
5. Phase 5: Preparing the Plan. Prepare the General Plan based on the Existing Conditions and Trends Workbook, visioning, and alternatives planning.
6. Phase 6: Assessment. Analyze the potential environmental impacts of implementing the General Plan, pursuant to the California Environmental Quality Act (CEQA).
7. Phase 7: Digital Plan. Refine the General Plan through Planning Commission and City Council public hearings. Following City Council adoption of the Plan, the City will reformat the General Plan into a fully searchable online document to facilitate public accessibility and use.
The General Plan is currently in the later phases of the process (Phase 6/7), as the City approaches adoption.
Housing Element
Since 1969, every jurisdiction in California has been required to include a Housing Element as part of its General Plan. Unlike other mandatory General Plan elements, the Housing Element must be updated every eight years and is subject to review and approval by the California Department of Housing and Community Development (HCD). Major components of the Housing Element include a housing needs assessment, the identification of sites for housing at all income levels, a review of constraints to housing, and updated policies and programs to carry out the goals of the updated element.
The purpose of a Housing Element is to provide an assessment of current and future housing needs, identify opportunities and constraints on housing production, establish goals, policies, and programs to meet those needs, and to update City practices and regulations to reflect changes in State housing laws. Contemporary housing elements often identify strategies and programs that focus on conserving and improving existing affordable housing, maximizing housing opportunities throughout the community, assisting in the provision of new affordable housing, removing governmental and other constraints to housing investment, and promoting fair and equal housing opportunities.
5 th Cycle vs. 6th Cycle Housing Element Updates
Every update of a housing element is called a cycle. For every cycle, there is a window of time for all jurisdictions in California to update their housing elements. The City’s current 2014-2022 Housing Element was adopted in 2015 as part of the statewide 5th Cycle Housing Element update. The 2023-2031 Housing Element is part of the 6th Cycle Housing Element update.
Between the 5th and 6th cycles, the State passed over a dozen new housing laws intent on lowering barriers to building affordable housing. These changes in State law are addressed as part of the 6th Cycle update. Additionally, a major component of every housing element update cycle is the identification of a jurisdiction’s capacity to support development of a determined number of housing units, as calculated by the State Department of Housing and Community Development (HCD) and referred to as the Regional Housing Needs Allocation, or RHNA.
Overview of RHNA
As part of the RHNA process, HCD calculated the total number of housing units needed across California over the next decade, including the Bay Area region. The Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) was tasked with developing a methodology to apportion the region’s housing units to each of the 109 jurisdictions within the nine-county Bay Area region. In the process of updating its Housing Element, each jurisdiction must demonstrate how it will accommodate its assigned share of the HCD- determined and ABAG/MTC-allocated housing units. Pleasant Hill was allocated 1,803 units in the current 6th Cycle.
Under State law, the RHNA is spread across the following four income categories:
• Very low household income
• Low household income
• Moderate household income
• Above moderate household income
The household income for each of these categories is based on a percentage of the Area Median Income (AMI). The breakdown of the number of units for each income category is shown below:
RHNA by Income Category for 6th Cycle
Lower Moderate Above Moderate Total RHNA
Very Low Low
Current
RHNA 566 326 254 657 1,803
As part of the inventory and analysis of adequate sites, Pleasant Hill was required to evaluate the General Plan land use designations and subsequently, the zoning ordinance, to determine whether there is enough land available to accommodate the assigned RHNA for each income category. Because existing conditions could not accommodate the production of 1,803 units over the next eight years, the City must rezone land to meet the RHNA obligation. Further, the inventory of sites and zoning designations must include land with adequate potential to satisfy the City’s 6th Cycle RHNA obligations.
Community Outreach
The General Plan process (including the Housing Element) offered a wide range of community outreach methods with a goal of reaching out to as many community members as possible to solicit their feedback on the proposed General Plan. The outreach included various public events, surveys, and the formation of a General Plan Advisory Committee (GPAC) that held 23 public meetings to discuss and provide input on the update.
Outreach featured the creation of a General Plan website to serve as a track record for the entire process. The General Plan website (www.pleasanthill2040.com) includes online engagement exercises, a documents library of deliverables for review, a comment/sign-up feature for community members to receive General Plan notifications, as well as a Journal page that serves as a blog for the process.
The General Plan process also included several outreach notification methods, which have provided notice to community members about upcoming meetings and events. Some of the methods are highlighted below:
The Outlook Newsletter
Posting on the City of Pleasant Hill electronic billboard NextDoor
Facebook
City Weekly Updates
City Website
Constant Contact E-blasts (Consultant generated from community events and the General Plan website)
GPAC Meetings
The City completed 23 GPAC meetings at which the Committee discussed individual elements of the General Plan and received public input; the GPAC held more than one meeting to discuss the Housing Element. This is in addition to the outreach events that occurred before and during the GPAC process. Based on this feedback, the Draft 2040 General Plan was finalized and posted for ongoing public input on the City website and the City’s pleasanthill2040.com website in December 2022. The Housing Element was also finalized and submitted to HCD in December 2022.
Analysis
The Planning Commission reviewed and discussed the proposed 2040 General Plan (including the 20230-2031 Housing Element) with a recommendation to adopt. Multiple elements (sections) make up the General Plan, a summary of these elements are provided below:
A. Introduction
The Introduction chapter provides an overview of the General Plan and the process used to develop the 2040 General Plan, including a Reader’s Guide that provides useful information on how to read and use the goals, policies, and programs presented in each element.
Vision and Guiding Principles
The Vision and Guiding Principles came from community discussion with the GPAC and Planning Commission meetings. Once this was finalized in draft form, the City Council approved and subsequently incorporated the principles into the new General Plan B. Economics and Economy Element
The Economics and Economy Element explores ways of maintaining the fiscal health of the City to ensure a high level of public services and community amenities, while contributing significantly to the quality of life. The element includes goals, policies, and programs related to retaining and expanding existing business sectors, as well as diversifying the economy to develop and attract new kinds of businesses in the City. This element is the only one of the eight elements included in 2040 General Plan that is not required by State law.
C. Land Use Element
The Land Use Element has the most significant impact on existing and future residents, because it determines the general location of residential, commercial, industrial, public, and open space uses. The Land Use Element includes goals, policies, and programs that guide land development and shape the urban landscape of the City. The Element addresses the type and intensity of development allowed on sites, the mix of uses permitted within the City, and the character of the community.
D. Transportation and Circulation Element
The Transportation and Circulation Element discusses the City’s transportation network and services that provide mobility for residents, employees, and visitors, and the movement of goods throughout the City. This network is not only a roadway network serving automobiles, but one that also serves alternative modes of transportation including walking, bicycling, and transit.
E. Public Facilities, Services and Infrastructure Element The Public Facilities, Services and Infrastructure Element identifies convenient and efficient services, a sense of identity, and defines the visual character of the City, all of which contribute to the quality of life for both individuals and groups in the community.
Examples of typical public facilities and/or infrastructure include churches, hospitals, and police and fire stations.
F. Open Space, Parks, and Recreation Element
The City of Pleasant Hill does not provide parks and recreation services for the City (the Pleasant Hill Recreation and Park District, “PHRPD,” provides these services); however, the City includes a Parks and Recreation Element component to highlight its inherent benefits to a community and its citizens, including economic, health, environmental, social, and overall quality of life. The Element further identifies dna supports the services that PHRPD provides to the residents of the City. The Open Spaces component of this Element is also important, as recreational, natural resource, and cultural assets can provide wildlife habitat, wilderness protection, groundwater retention, active recreational uses, historic landscapes, and visual corridors.
G. Environment Element
The Environment Element aims to preserve, protect, and enhance the natural and historical resources that make Pleasant Hill a unique place. In the previous General Plan, many related goals, policies, and programs were located in various Elements. In this update, they have been consolidated in one place: the Environment Element. This Element touches on topics related to air and water quality; natural, biological, and cultural resources; and sustainability in Pleasant Hill.
H. Hazards and Safety Element
The Hazards and Safety Element evaluates natural and urban safety hazards in the City and outlines goals, policies, and implementation programs to minimize risk to life and property. The primary natural hazard threats for Pleasant Hill are earthquakes, drought, localized flooding, wildland fires, and an increased number of high heat days. Many of the goals and policies in this Element correspond to local and regional safety priorities.
This Element also includes discussion of noise and hazardous materials.
I. Housing Element
As noted previously, the Housing Element has a mandated review period (every eight years) and a specific review process that involves HCD. The City held multiple meetings on the Draft Housing Element, both with the GPAC, the Planning Commission, and the City Council. A draft Housing Element was submitted to HCD in December 2022. In March 2023, the City received a comment letter from HCD (Contained in Attachment B of City Council Staff Report Attachment H). A summary of the HCD comments can be found in Attachment H, including a discussion of removing two housing opportunity sites, adding two new housing opportunity sites, and modifying the number of potential Accessory Dwelling Units (ADUs) per year.
Modifications for Consideration
The Planning Commission considered various modifications to the 2040 General Plan and 2023- 2031 Housing Element. Many are related to proposed Mitigation Measures of the Environmental Impact Report or comments from the March 20, 2023 City Council Study Session; others are the result of consultation with a Native American Government (Tribe). The Commission recommended the following modifications for City Council’s consideration. More detail on the modifications are provided below and in Attachments E and G.
A. Mitigation Measure Modifications
Within the Environment Impact Report are several mitigation measures that require modifications to the 2040 General Plan, including:
Add a new policy for creation of new lighting standards to minimize impacts to protect the night sky.
Add a new policy to review BAAQMD screening size for construction emissions and project operations and mitigate as appropriate, including requiring a health risk analysis. Add a new policy to consider odor impacts for new development. Add a program to reinforce compliance with existing State provisions related to minimizing impacts to nesting bird species.
Add a program to reinforce compliance with existing State provisions related to minimizing impacts to nesting bat species.
Revise a program to require a historical resources evaluation for projects involving buildings aged 45 years or older, and implement appropriate mitigation, when deemed appropriate by the City.
Revise policies to require an archaeological resources assessment for projects in areas that includes ground disturbing activities in native or previously undisturbed soils, when deemed appropriate by the City.
Revise policies that addresses activities when unanticipated cultural resources are discovered and when tribal cultural resources are identified during construction activities. Add a policy to require a paleontological resource analysis prior to projects beginning, when involving ground disturbance in geologic units with high paleontological sensitivity.
Revise an existing policy to meet State emission reduction targets that reflect current State and BAAQMD greenhouse gas emissions targets.
Note that the City will complete a Climate Action Plan by Summer 2025. Include measures to address wildfire risk during construction activities and during project design, including fire resistant vegetation and geotechnical review for post-fire slope stability.
Add a new policy to require certain noise mitigation measures during construction activities for future projects.
Add a new policy to require certain vibration control mitigation measures during construction activities for future projects.
Incorporate Transportation Demand Management programs for employment oriented land-use development projects that do not meet Vehicle Miles Traveled (VMT) screening criteria.
More detail on these modifications can be found in Attachments E and G.
B. City Council Modifications
The Planning Commission also supported the recommendation made by the City Council at the March 20, 2023 City Council study session a summary of the City Council’s input is provided below:
Designate the new library site with a “Semi-Public and Institutional” land use designation.
Designate the land directly adjacent (north of the library and a future Pleasant Hill Recreation and Park District park site) with the “Park” land use designation. References to “Mangini-Delu Winslow” should be changed to “Mangini-Delu.” Ensure that all references to the Pleasant Hill Bicycle and Pedestrian Master Plan note that the master plan has not yet been approved.
C. Native American Government Consultation
As part of the General Plan and Environment Impact Report processes, the City invited Native American Governments to request consultation. Based on the requested consultation, the following modifications were presented for consideration by the City. The Planning Commission supported the following modifications, but noted that these should apply to projects that require preparation of a Negative Declaration or Environmental Impact Report, as through the process to prepare both documents, invitation to request consultation with Native American Governments is already required:
Add a new program that reinforces early consultation with Native American Governments for future land use changes.
Add a new policy that would encourage protection and avoidance of tribal cultural resources.
Add supplemental language to consult with culturally-affiliated Native American Tribes, when a tribal cultural site is placed in permanent open space, consistent with State law. Add provisions to encourage voluntary landowner efforts to protect cultural resources and tribal cultural sites consistent with State law.
Add language requiring consultation with culturally-affiliated tribes prior to designating open space in order to protect the identity of any cultural places that exist on the proposed open space, and to develop a treatment plan and management plan for any such cultural places.
Revise a proposed policy to work with culturally-affiliated tribes to acquire and hold conservation easements on terms mutually satisfactory to the tribe and landowner, for purposes of protecting tribal cultural places.
Add a new program that requires a developer to enter into a cultural resources treatment agreement with the culturally-affiliated tribe. This agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors.
D. Planning Commission Recommendations
The Planning Commission also recommended the following amendments to the 2040 General Plan:
Continue to follow up on a potential ban on new gas hookups (for appliance purposes), including completing a study on a ban if appropriate.
Support of exploring provisions related to “Reach Codes,” while considering financial implications with codes that exceed State requirements. Consider incorporating additional provisions related to airport impacts to residents, diversity and home schooling.
E. Proposed Housing Element Revisions
Based on comments received from HCD (Attachment B within the City Council Staff Report Attachment H), modifications were also recommended to the Housing Element as summarized below, with the revised document in Attachment F.
Housing Opportunity Sites
The HCD comment letter included comments pertaining to compliance with Affirmatively Furthering Fair Housing (AFFH) provisions, and noted that location of lower income housing was concentrated within lower resource areas of the City. Thus, in response, the City has removed two sites from the Housing Opportunity Sites: (Site B – JCPenney, and the southernmost parcel of Site G – the 1.4-acre parcel at the northwest corner of the intersection of Contra Costa Boulevard and Gregory Lane). Further, the City added two new sites in higher resource areas of the City: Morello Terraces and Paso Nogal (see Attachment H).
Staff and the consultant team believe these changes will affirmatively respond to HCD comments.
Accessory Dwelling Units (ADU)
HCD noted that the number of ADUs the City projected for the 6th Cycle was too high (approximately 40 ADUs per year), and countered that 11 ADUs per year was more appropriate. However, after following up with HCD personnel, City staff reached consensus that 25 ADUs per year reflects a more appropriate rate projection, based on recent City activity.
Affirmatively Furthering Fair Housing (AFFH)
There were multiple revisions related to AFFH comments from HCD. Many of the edits, for which additional requested information will be provided, include, but are not limited to demographics, historical information, and fees. Other modifications included:
Provided additional information related to Racially Concentrated Areas of Affluence (RCAA).
Revised the site inventory, including spreading moderate income and above moderate housing units more equitably throughout the City, and demonstrated 50 percent of the lower income RHNA provided through pipeline projects, ADUs, and vacant sites. Provided increased clarity of households overpaying for housing. Provided information on the condition of City housing stock. Provided historical information on housing project completion. Provided additional analysis related to agricultural employees. Provided additional analysis of development standards, including those applicable through subdivision improvement.
Revised costs of multifamily development within the City. Provided additional information for the City’s Reasonable Accommodation provisions. Completed additional analysis for special housing needs (e.g., Senior housing, residents with a disability, large households, homeless, and farm workers). Provided additional information on the City’s code enforcement practices related to housing.
New/Modified Policies and Programs
In response to the comments provided by HCD, the following programs are proposed to be added or modified. Staff notes that many of these modifications are necessary to comply with existing State law:
Implement a replacement unit (housing) program when applicable. Provide the certified Housing Element to local service providers with 10 days of certification.
Revise parking standards for emergency shelters, consistent with State law. Allow transitional and supportive housing, without discretionary review, in multifamily residential zoning districts, consistent with State law. Revise the City’s ADU provisions, consistent with State law. Update programs to allow agricultural housing and residential care facilities in the City, consistent with State law.
Update a program to remove housing constraints related to certain development standards.
Ensure the City is consistent with Permit Streamlining and CEQA timing requirements.
F. Previously Identified Modifications
Lastly, at the Planning Commission and City Council study sessions, there was an errata attachment that contained the following modifications to the 2040 General Plan: minor edits to document language; correcting typos; and providing increased clarity.
These corrections have been incorporated into the current draft version of 2040 General Plan (Attachment D).
California Environmental Quality Act (CEQA)
Pursuant to CEQA, the City of Pleasant Hill intends to issue an Environmental Impact Report (EIR, SCH#2022070095) for this project. The Draft Environmental Impact Report (DEIR) prepared for this project (Attachment K) was available for public review from January 30, 2023 through March 15, 2023, at the Planning Division and on the City of Pleasant Hill webpage at www.pleasanthillca.org. The Draft EIR has identified potential project issues requiring mitigation in the following topical areas: Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Hazards, Greenhouse Gas Emissions and Energy, Hazards and Hazardous Materials and Wildfire, Noise, Public Services & Recreation, Transportation and Utilities and Service Systems.
Significant and Unavoidable Impacts
After mitigation measures are incorporated, the project would have significant and unavoidable impacts related to:
Cultural and Tribal Cultural Resources
Cultural and Tribal Cultural Resources impacts are significant and unavoidable relative to the future redevelopment of sites that contain buildings aged 45 years and older.
Greenhouse and Gas Emissions
Impacts of Greenhouse and Gas Emissions are significant and unavoidable, due to potential (re)development associated with the General Plan.
Hazards and Hazardous Materials
Hazards and Hazardous Materials and Wildfire impacts are significant and unavoidable, related to future (re)development and associated wildfire risk.
Noise
Noise impacts are significant and unavoidable, given noise associated with new (re)development anticipated with the General Plan.
Public Services & Recreation
Public Services & Recreation impacts are significant and unavoidable, related to potential new construction of necessary public schools, associated with future growth anticipated in the General Plan.
Transportation and Traffic
Transportation and Traffic impacts are significant and unavoidable, related to increase in Vehicle Miles Traveled (VMT), associated with future development anticipated in the General Plan.
Utilities and Service Systems
Utilities and Service Systems impacts are significant and unavoidable, given the construction impacts associated with future (re)development, as anticipated in the General Plan, and the associated water, wastewater, stormwater, and telecommunication improvements necessary.
Mitigation for Significant Impacts
The EIR identified various potentially significant environmental effects, all which were reduced to a less-than-significant level with incorporation of mitigation measures:
Aesthetics
The EIR notes mitigation to include a policy to adopt lighting standards to minimize lighting impacts from development.
Air Quality Impacts
The EIR identifies standard mitigation for air quality impacts during construction activities and for after-construction operational impacts. In addition, mitigation requires that projects complete construction-related health risk assessments. Further, mitigation requires implementation of a new policy requiring truck-intensive uses (e.g. shipping companies, warehousing, truck storage) to contact the Bay Area Air Quality Management District (BAAQMD) to determine an appropriate level of health risk assessment. Lastly, the EIR requires consideration of odor impacts for new land uses sited near existing odor generating uses (e.g. wastewater treatment plans, landfills).
Biological Impacts
During the nesting season, the EIR requires preconstruction migratory bird surveys, prior to ground disturbance or tree removal. Bat surveys are required prior to any construction, tree removal, or ground disturbance, and protection plans must be prepared, as necessary.
Cultural Resource Impacts
The EIR requires preparation of archaeological resource assessment prior to project approval, and follow-up implementation, requiring stop-work policies, in the event of the unanticipated discovery of cultural resources during construction, as well as a policy to suspend work around tribal cultural resources during construction.
Geology
The EIR notes that a policy is required to ensure protection of paleontological resources.
This includes the retention of a qualified, professional paleontological expert for future projects that involve ground disturbances in areas where potential impacts to paleontological resources may occur. Further, a mitigation program will be created, if necessary.
Noise Impacts
Incorporate a new policy within the Zoning Ordinance to implement construction vibration control measures related to potential construction vibration impacts. This could include preparing a ground-borne noise and vibration analysis for activities near sensitive uses.
The Final EIR and associated Mitigation Measure Monitoring and Reporting Program (MMRP) were also prepared for the project after the public comment review period closed on March 15.
Multiple public comments/responses were received and included in the Final EIR. The proposed Final EIR is included as Attachment M.
The EIR also includes an Alternatives analysis, including evaluation of the following project Alternatives: a) No Project; b) an increase in intensity of development in non-western portions of the City; and c) a 25-percent residential reduction. The No Project alternative is the environmentally superior alternative; however, CEQA requires that if the No Project alternative is superior, the EIR must identify an environmentally superior option among the other remaining alternatives.
In this case, the “increase in intensity in western portions of the City” alternative is the environmentally superior alternative. This alternative would not remove significant and unavoidable impacts related to wildfire, but have similar impacts in general. However, this “increase in intensity” alternative would not satisfy the proposed Plan objectives, such as the State HCD/Housing Element requirement of locating certain, such as affordable, housing types in higher resources areas (Note: The higher resource areas are more commonly found in the western areas of the City). Conversely, since the western portions of the City contains lower resource areas, and State HCD/Housing Element provisions discourages concentrating certain, such as lower income, housing development in lower resource areas in the western half of the City that are near freeways and heavily traveled vehicle routes, would not be consistent with Affirmatively Furthering Fair Housing (AFFH) provisions.
As all of the impacts of the proposed Project cannot be reduced to a less-than-significant level, findings rejecting the proposed Alternatives are required. The proposed CEQA findings are included in a separate resolution as Attachment A.
Public Comments Associated with CEQA Document (EIR)
The City received multiple comment letters on the prepared Draft and Final Environmental Impact report (EIR). The comments and associated responses are provided in the Final EIR and in Attachment M. In addition, many public comments were received prior to, and during the May 3, 2023 Planning Commission meeting. These comments were similarly reviewed relative to CEQA, and a summary with associated responses is provided in Attachment O.
Planning Commission Meeting – May 3, 2023
At the May 3, 2023 Planning Commission meeting extensive public comment was provided, primarily on the proposed 2023-2031 Housing Element. A summary of the public comments are provided below, with the full public comments made at the meeting, available for review at the following link – https://youtube.com/live/WsTynEF8uLM?feature=share. In addition, numerous public comments were received through letters and email, echoing the same concerns; these comments are contained in Attachment Q.
Concerns with the addition of two new sites (Morello Terraces and Paso Nogal) and the impacts to the area.
o Lack of adequate alternative modes of transportation in the area. o Addition of new traffic to the area, which already contains alleged hazardous conditions.
o Impacts to wildlife.
o Concerns with development on hilly property; and concerns regarding a sinkhole on the Morello Terraces site.
o Concerns with density proposed on both sites.
o Concerns with low income housing concentrated in one area of the City without adequate services or access.
Lack of proper noticing to surrounding residents.
Concerns with the State overriding the choices made by the City, and emphasis on the City pushing back to the State.
The JCPenney site should be included as a housing opportunity site for low-income housing given its ideal location to services and access, and the two new sites should be removed.
After receiving and considering all of the public input, the Commission recommended (unanimously) that the City Council adopt the 2040 General Plan with the modifications noted in this staff report, including certification of the EIR, and recommended approval of the 2023-2031 Housing Element (on a 5-2 vote – Chiang and Wyler, no) with the provision that staff continue to explore additional housing opportunity sites and present them to the City Council for its consideration. Staff and the consultant further reviewed additional vacant sites within the City that would meet the parameters of what HCD is accepting as housing opportunity sites.
Compared to the Morello Terraces and Paso Nogal sites, other identified vacant sites have the following limitations that preclude their consideration for inclusion as housing opportunity sites:
less accessibility;
more irregular parcel shape;
too small to supplant either of the two identified sites; designated as open space areas;
dedicated as project open space to accommodate more clustered development; located within flood zone areas that are HCD considers a major constraint for lower income housing development.
Lastly, City Engineering staff reviewed the comments made about sinkholes and grading at the Morello Terraces and Paso Nogal sites. City staff found no records of a reported sinkhole on the Morello Terraces site. If either were to pose a public safety risk, or if a development application had been received, City staff would review and address those concerns at that time. City staff would work with any future project and encourage minimizing grading operations and off-haul of material to the greatest extent possible.
If, and when, an application is received, the City will require submission of a geotechnical study to evaluate the site’s soil composition, identify issues, and provide mitigation measures to ensure that a project can safely be built. For projects with known issues or other unique concerns, the City typically hires a geotechnical firm to provide for a third-party peer review throughout the permitting and construction process to ensure the project does not create any issues or complications for adjacent properties.
FISCAL IMPACT
There are various programs contained in both the 2040 General Plan and the 2023-2031 Housing Element that require preparation of studies, reporting and contributions that will result in the expenditure of City funds. Many of the costs are not known at this time and will require future final approval from the City before the funds are expended.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department.
Additional noticing was provided in legal display ads in the East Bay Times Newspaper, posting notice on the City website, on A-Frame signs at the police station and library, posting at the Senior Center and at the City Hall electronic message board, the City’s pleasanthill2040.com website, social media notification, and lastly notification to those who signed up on the pleasanthill2040.com website. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Receive the staff report, hold the public hearing, provide any direction, and certify the Environmental Impact Report, and adopt both the 2040 General Plan and the 2023-2031 Housing Element.
ALTERNATIVES TO RECOMMENDED ACTION
Adopt the 2040 General Plan and the 2023-2031 Housing Element with modifications and certify the Environmental Impact Report;
Do not adopt the 2040 General Plan, the 2023-2031 Housing Element and do not certify the Environmental Impact Report;
Continue the matter to a later City Council date with direction provided to City Staff.
ATTACHMENT(S):
Attachment A Proposed City Council Resolution – CEQA (including CEQA Findings and Mitigation Monitoring Report Program)
Attachment B Proposed City Council Resolution on the 2040 General Plan Attachment C Proposed City Council Resolution on the 2023-2031 Housing Element Attachment D Proposed 2040 General Plan (Strikeout and Underline) Attachment E Proposed Modifications to the 2040 General Plan Attachment F Proposed 2023-2031 Housing Element (Policy Document and Needs Assessment - Strikeout and Underline)
Attachment G Proposed Summary of Modifications to the 2023-2031 Housing Element
Attachment H April 12, 2023 General Plan Advisory Committee Staff Memorandum and Attachments (This includes the State HCD Comment Letter of the Draft Housing Element Submittal – Attachment B, but does not include the previously submitted Draft Housing Element – Attachment C)
Attachment I Planning Commission Resolution 07-23 – 2040 General Plan Attachment J Planning Commission Resolution 06-23 – 2023-2031 Housing Element
Attachment K Draft Environmental Impact Report
Attachment L Draft Environmental Impact Report Appendices Attachment M Final EIR (including DEIR public comments) Attachment N Proposed Mitigation Monitoring Report Program (MMRP) Attachment O CEQA Related Responses to Public Comments
Attachment P Public Hearing Notice
Attachment Q Public Comments
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Community Development Director & Assistant City Manager Approved by: June Catalano, City Manager