October 4, 2022
Community Development
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Hector Lopez, Senior Planner
Subject:
General Plan Amendment, Rezoning, Density Bonus for
Waivers, and Design Review for a 135-unit mixed-use
affordable and supportive housing development
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Eden Housing Incorporated requests approval of a
General Plan Amendment to change the land use
designation from Public, Cultural, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis), a
Rezone from PCI (Public, Cultural, and Institutional) to CM-3 (Commercial Mixed-Use), Design Review, and
Density Bonus for the purpose of requesting waivers for open space, off-street parking, and building height for the construction of a new 5-story building and the
rehabilitation and conversion of a former medical building for a 135-unit affordable housing and supportive housing development with a 10,000 square foot of commercial
(“Project”) on a 2.84-acre site at 100 38th Street (“subject site”) in the Park Plaza neighborhood.
AGENDA
REPORT
October 4, 2022
RECOMMENDED ACTION:
HOLD a Public Hearing to ADOPT a resolution approving
an Addendum to the General Plan Final Environmental
Impact Report (EIR), approving a General Plan
Amendment to modify the land use classification from
Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), Design Review, and
Density Bonus for the purposed of obtaining waivers; and INTRODUCE an ordinance (first reading) approving a
Zoning Map Amendment to rezone the from PCI, Public,
Cultural, and Institutional to CM-3, Commercial Mixed-
Use a 2.84 acre site at 100 38th Street for a mixed-use 135-unit affordable and supportive housing development
– Community Development Department (Lina Velasco
510-620-6706).
BACKGROUND:
The 2.84-acre site is owned by Contra Costa County and is located at 100 38th Street, with frontage on Bissell Avenue (“Project site”). As shown in the figure below, the Project site is improved with a two-story building with surface parking along the east and rear of the building. The existing 77,000 square foot building was previously used as the West County Health Center and has been vacant for several years since it was relocated to the City of San Pablo. The Project site is bounded by the Contra Costa County Superior Courthouse on the west, a single-story commercial building on the east, BART tracks on the south, and Bissell Avenue along the north.
October 4, 2022
PROPOSAL:
Eden Housing Inc., the applicant, is requesting a General Plan Amendment to modify the land use classification of the Project site from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3 Commercial Mixed-Use, Major Design Review, and a Density Bonus for the purpose of obtaining waivers for a 135-unit mixed-use affordable and supportive housing development with 10,000 square feet of commercial space (the “Project”).
The Project is comprised of two buildings and site improvements. The existing building (Building A) is proposed to be renovated to include 59 new supportive housing units, and underground parking at the basement level. The units would range in size from studios to two-bedroom units and 58 of the 59 units (one manager unit) would be affordable to incomes between 20-40% of the Area Median Income (AMI) for Contra Costa County (CCC). The Housing Authority of Contra Costa County has also committed 26 project-based vouchers to these supportive housing units to target the deepest affordability levels. The Project also includes the construction of a five-story, 92,000 square foot building (Building B) that includes 76 affordable family-sized units.
The units would range in size from studios to 3-bedroom units and 75 of the 76 units (one manager unit) would be affordable to incomes less than 60% of the AMI for CCC.
The ground floor would include approximately 10,000 square feet of commercial space, and common spaces for residents. The new building is proposed east of the existing building and access to the site would be via a new driveway between the two buildings.
Both buildings would have solar photovoltaic (PV) panels on the roof and would be all electric buildings. The site improvements include surface parking, landscaping, lighting,
October 4, 2022
and two play areas, one for the family units, and the other for the commercial space proposed to be occupied by the YMCA.
As shown in Attachment 4, the Project, if approved, would add 135 affordable units (2 units are manager units) to the overall supply of affordable housing in the City, which currently total 3,788 units. Below is a summary table of the City’s current supply of affordable units and developments with and without the Project.
Current Number of
Affordable Units
Current Number of
Housing
Developments with
Affordable Units
Number of
Affordable Units
with Project
Number of
Housing
Developments
with Affordable
Units with Project
3,788 27 3,923 28
DISCUSSION:
Under the General Plan and the Zoning Ordinance, the Project site is designated as Public, Cultural, and Institutional (PCI). This land use classification includes public, semi-public and educational uses such as civic facilities, community centers, libraries, museums, national park facilities, hospitals, and schools. Residential uses are not permitted in this land use classification and zoning district; therefore, a General Plan Amendment and Rezoning are needed to allow a mixed-use project.
The applicant is seeking a General Plan Amendment to modify the land use classification of the Project site from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis) (see Exhibit C of Attachment 1) and a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3, Commercial Mixed-Use (see Exhibit A of Attachment 2).
As shown in the zoning figure below, the Project site is zoned PCI; however, the adjacent properties to the north and east are zoned CM-3. The proposed land use classification and zoning designation sought by the applicant is consistent with the surrounding properties and would not be deemed spot zoning.
October 4, 2022
General Plan Consistency
The Project is consistent with the General Plan vision, which identifies Macdonald Avenue and the surrounding properties as an active, pedestrian-friendly, mixed-use corridor, including commercial, residential, and open space that serves the entire community.
The following list highlights a selection of the General Plan goals and policies that the Project supports or accomplishes:
The Project would encourage the sensitive integration of built and natural environment to develop a high-quality experience. (Goal LU 4). The Project would meet future housing needs within City limits through redevelopment of a vacant property with mixed-use construction offering a range of housing types. (Goal LU6, Policy LU6.1).
The project would help promote a balanced supply of housing types, densities, and prices to meet the needs of all income groups (Goal H-1) and promote the expansion of housing opportunities for all special needs groups, including female-headed households, persons with disabilities, large families, and homeless individuals and families. (Goal H-3).
The Project achieves a higher standard for housing design, exceeds current green building standards, and pedestrian friendly design. (Policy LU 6.5 & Goal CF3).
The Project would include new, sustainable technology, including electric vehicle chargers and solar panels. (Goal CR 5).
The Project would promote sustainable development patterns by creating a mixed-use community, retrofitting existing buildings, and constructing streetscape improvements. (Goal EC 4).
PCI
CM-4
October 4, 2022
If the General Plan Amendment and Rezoning are approved by the City Council, the project would conform with most of the CM-3 zoning district development standards. In this zoning district, mixed-use multi-unit dwellings and commercial developments are permitted at a density range of up to 50 dwelling units per acre and intensity of 2.0, meaning the subject site could be developed with up to 144 units. The proposed density is 47.5 dwelling units per acre. The proposed affordable housing is requesting a Density Bonus for the purposed of obtaining waiver for certain development standard that cannot be achieved without decreasing the density of development or affordability of the units. The Table below summarizes the required development standards for the CM-3 zoning district and the project’s consistency.
DEVELOPMENT STANDARDS
Site Features Existing Proposed Required Min. Lot Size:
123,710 SF (2.84- acre) No change
5,000 SF min,
Building Height *
Building A (E):
Building B (P):
31 feet
N/A
31 feet
56’-4”
55 feet max.
Floor Area Ratio (Non-
residential): N/A 0.08
2.0 Setbacks:
Front Yard: 74 feet (Building A) 5 feet (Building B)
0’
Side Yard: 22 feet (West Side of
Building A)
7’-6” (East Side of
Building B)
0’
Rear Yard: ±140 feet ±100 feet 0’
Number of Parking Spaces
** N/A 123 spaces
166 spaces
(Residential)
12 (Non-Residential)
178 TOTAL
Open Space***
Private:
Common:
N/A
Building A: None
Building B: None
Building A: 9,509 SF
Building B: 6,872 SF
16,381 SF
Building A: 3,540 SF
Building B: 4,560 SF
8,100 SF
Building A: 11,800 SF
Building B: 15,200 SF
27,000 SF
Density Bonus Related Waivers:
The applicant proposes a 100 percent affordable and supportive housing development.
The applicant has elected not to request any increase in density. However, any project eligible for a density bonus (Gov. Code, § 65915) is also eligible for “concessions” and “waivers.” “Concessions” provide cost reductions to help facilitate affordable housing. “Waivers” means waiver of development standards that, if applied, would physically
October 4, 2022
preclude a project’s construction at density otherwise permitted by law.
Pursuant to Bankers Hill 150 v. City of San Diego (2022) 74 Cal. App. 5th 755, the City must grant waivers to permit a density bonus project to be built as designed unless a waiver would violate state or federal law(s); have an adverse impact on a property listed on the California Historical Register; or have a specific, adverse health or safety impact that cannot be mitigated. The applicant does not seek to build any bonus units, any incentives, or concessions. The applicant requests the following waivers: 1) Open space reduction; 2) Parking reduction; and 3) building height increase.
Open Space: The project does not meet the minimum private and common open space requirements. Private open space is required in the amount of 60 square feet per unit.
The total requirement is 8,100 square feet of private open space (135 units x 60 sf). The applicant requests a 100 percent reduction of the private open space requirement.
Common open space is required in the amount of 200 square feet per unit. The total requirement is 2,700 square feet of common open space (135 units x 200 sf). The applicant requests a 62 percent reduction of the required common open space.
Off-street Parking Requirement: The project does not meet the minimum off-street parking requirement per Section 15.04.607 of the Zoning Ordinance. A total of 123 parking spaces are proposed (178 parking spaces are required). The applicant requests a 30 percent reduction of the off-street parking requirement.
Building Height: The proposed height of the new building is 56’-4” feet as measured from grade to the roof line. The maximum height in the CM-3 Zoning District is 55 feet.
The applicant requests a waiver for 1’-4” over the height limit.
The City must approve the above applicant-requested waivers because the waivers do not violate state or federal law; would not have an adverse impact on a property listed on the California Register; nor would they impact health or safety. While the Density bonus waiver are not discretionary, the overall request for a General Plan Amendment and Rezoning are discretionary.
Design Review Board Recommendation:
A public hearing to consider the project design and requested waivers was held before the Design Review Board (DRB) on July 27, 2022. At the conclusion of the public hearing, the DRB unanimously recommended approval of the proposed project to the Planning Commission, subject to conditions, most of which have been incorporated into the project plans, as shown in Exhibit D of Attachment 1.
Planning Commission Recommendation:
A public hearing to consider the Addendum to the General Plan Final Environmental Impact Report (FEIR), General Plan Amendment, Rezoning, Major Design Review, and Density Bonus waivers was held before the Planning Commission on August 18, 2022.
The Planning Commission unanimously recommended approval of the proposed project
October 4, 2022
to the City Council, subject to conditions as noted in Exhibit E of Attachment 1.
General Plan Amendment, Rezoning, and Major Design Review Findings:
The City Council must adopt certain findings in approving a General Plan Amendment pursuant to Richmond Municipal Code (RMC) Section 15.04.813.050, Zoning Map Amendment per Section 15.04.814.050, and Major Design Review per Section
15.04.805.050. The required findings with supporting statements of fact are contained in the draft Resolution in Attachment 1 and draft Ordinance in Attachment 2. The recommended conditions of approval for the Project are also attached as Exhibit E to the Resolution in Attachment 1.
ENVIRONMENTAL REVIEW:
Upon completion of an Environmental Initial Study/Consistency Checklist, prepared by First Carbon Solutions, dated July 13, 2022, the proposed project is found to be in conformance with the analysis and conclusions of the General Plan FEIR (State Clearinghouse No. 2008-022018). The General Plan FEIR adequately anticipated and described the impacts of the proposed project, and an Addendum to the General Plan EIR was prepared. The evaluation presented in the Addendum (see Exhibit A of Attachment 1) explains the substantive evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR. Certain mitigation measures identified in the General Plan FEIR are required to be incorporated into the project to ensure any potentially significant impacts are reduced to less than significant levels (see Exhibit B of Attachment 1).
NEIGHBORHOOD COUNCIL:
City staff has received correspondence from the Park Plaza and North and East Neighborhood Councils supporting the project. A letter was also submitted from a surrounding property owner expressing concern with traffic and limited parking in this area (see letters in Attachment 3).
CONCLUSION:
The proposed development will further the objectives of the General Plan 2030 to generate jobs and economic activity within the City of Richmond while also meeting the City’s goal in achieving its Regional Housing Needs Allocation. The proposed project is compatible with the surrounding area and is consistent with the Commercial Mixed- Use General Plan land use classification. Based on the Findings and Statements of Facts (see Attachments 1 and 2), City staff recommends that the City Council approve the project, subject to conditions.
DOCUMENTS ATTACHED:
Attachment 1: Draft Resolution
October 4, 2022
Exhibit A: Addendum to the General Plan FEIR
Exhibit B: Mitigation Measures
Exhibit C: General Plan Amendment Map
Exhibit D. Project Plans
Attachment 2: Draft Ordinance for Rezoning
Exhibit A: Zoning Map Existing/Proposed
Attachment 3: Comment Letters
Attachment 4: Affordable Housing Developments Map