The proposed Zoning Text Amendment is to modify the land use regulations for 2079 Mt. Diablo Blvd. to allow residential developments with at least 20 percent of lower-income units by right for this site. Under State Housing Element Law, the City Housing Element is required to include an inventory of sites that are suitable to provide for the City’s share of its regional housing need allocation (RHNA) obligations. In identifying suitable sites for housing development, Gov. Code section 65583.2(c) requires that non-vacant opportunity sites identified in a prior housing element’s site inventory that has not been approved to develop a portion of the City’s RHNA share be rezoned at certain statutory densities to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households, and by certain statutory deadlines depending on when HCD certified the City’s housing element. The statutory density is between 15-30 units per acre depending on where the jurisdiction is located.
Because the City’s 2023-2031 Housing Element was certified by HCD in October 2023, any necessary rezoning for these “re-use” sites must be completed by January 31, 2024. The City’s Housing Element likewise contains a program under H-2.S to continue to allow residential developments by right when 20 percent or more of the units are affordable to lower-income households in compliance with Section 65583.2. As such, the proposed Zoning Text Amendment is complying with state law and implementing the Housing Element program by modifying the land use regulations in the zoning district designation for the 2079 Mt. Diablo Blvd. site to allow residential developments by right where 20 percent of the units are affordable to lower income households.
Specifically, the proposed Zoning Code text amendment would add language to the note L(21) of Land Use Regulations in the O-C zone to include: Multiple-Family Residential Uses are allowed by right for the parcel at 2079 Mt. Diablo Blvd. (APN:184-042-014) up to 56 dwelling units per acre when at least 20 percent of units are affordable to low and very-low income households (as defined under Health and
Safety Code section 50093 as may be amended)in compliance with Government Code sections 65583.2(c) and (i). The City Council introduced an ordinance implementing the Zoning Text Amendment on December 19, 2023 during a duly noticed public hearing.
On September 4, 2018, the City Council adopted the WDSP and associated General Plan amendments, and also certified a Program Environmental Impact Report (EIR) for the adoption of the WDSP (State Clearinghouse No. 2014062086). Based on the entire record before the Walnut Creek City Council inclusive of a Supplemental Environmental Analysis dated November 2023 prepared by the City of
Walnut Creek, the Proposed Zoning Text Amendment is an action covered by the WDSP Program EIR as it is consistent with the General Plan and WDSP goals and policies to facilitate new housing development, high density multi-family projects, and development of residential uses in the WDSP Mount Diablo Olympic District encompassing this site, and the transition of that area into mixed use
retail, restaurant, office and residential uses combined with higher-density development in secondary streets.
On January 16, 2024, the City Council (lead Agency) determined that the proposed Zoning Text Amendment is an activity covered by the WDSP and the analysis under the WDSP Program EIR with no further analysis required under CEQA Guidelines Sections 15162 and 15168. The City Council made findings pursuant to CEQA Guidelines Sections 15162 and 15168 and adopted the ordinance
implementing the Zoning Text Amendment.