Oakley
Oakley is a small, new city on the eastern edge of Contra Costa County.
No major highways pass through the town, and the closest highway, State
Route 4, is one of the most congested in the Bay Area. Oakley is growing
at a rapid pace as people seek affordable housing on the region's outskirts.
The City has thousands of acres of vacant land within its limits, but
the small parcel sizes make it unattractive to developers. So Oakley is
turning to the Hotchkiss Tract, a 2,500-acre island in the San Joaquin-Sacramento
River Delta. Like many Delta islands, the tract would be mostly submerged
at high tide if not for the unengineered earthen levees around the island.
In fact, 95% of the island is below mean high tide, and there are large
portions of the proposed development area that are as much as 5 feet below
sea level.
Oakley is proposing to build 3,585 houses on the Hotchkiss Tract. The
development would also include 1,200,000 square feet of commercial development,
232 acres of public and semi-public use, 19 acres of parkland, and 5 acres
of Delta recreation. Housing would replace important agricultural land
and alter the rural character that current residents treasure.
See Greenbelt Alliance's comment letter to the Army Corps of Engineers, dated November 25, 2006.
What's at Stake
This project would pose a grave risk to the lives and property of its
future residents, as well as to the approximately 500 residences already
located on the site. Levee breaks regularly cause serious damage in the
Delta region and Central Valley. In addition, the site's poorly-drained
soils are subject to liquefaction during earthquakes, posing risks to
structures and the levees. The traffic created by the project would result
in additional congestion on Highway 4, leading to more traffic and air
pollution.
The project also poses significant threats to the CALFED Dutch Slough
restoration project, a joint state-federal project to restore the Delta
ecosystem and improve drinking water quality. Polluted stormwater or floodwaters
would harm Delta wildlife, and could also impact the drinking and irrigation
water of Southern California and Eastern Contra Costa County.
What You Can Do
- Ask your state representative to call Oakley's Mayor Pat Anderson
and express concern over the project's impact on the CALFED restoration
project and agriculture in the region. Click
here to find your representative's contact information.
- Email Greenbelt
Alliance's East Bay Field Representative, Christina Wong to receive updates on the project's progress.
Campaign Update
June 2008
The revised Environmental Impact Report has not yet been released. Greenbelt Alliance will continue to provide written comments to the City Council and will attend any public hearings.
May 2008
The City of Oakley is working on the revised Environmental Impact Report that takes into account changes that our lawsuit has forced the city to redo. Greenbelt Alliance will continue to wait until the revised Environmental Impact Report is released.
March 2008
Despite the success of our recent lawsuit, the City of Oakley still has plans to develop the Hotchkiss Tract. The supplemental environmental impact report released late 2007 proposed minor changes to the initial project; however, Greenbelt Alliance and our supporters remain opposed to the project in its entirety. We will provide written comment pertaining to the release of their final Environmental Impact Report and will attend any and all public hearings.
8/3/07 Ruling
in Greenbelt Alliance suit says city and builders must further address
effects on environment
Contra Costa Times
8/3/07 A mixed ruling on development plan
San Francisco Chronicle
8/2/07 Greenbelt Alliance Wins Lawsuit over Oakley Floodplain Development (Press release)
August 2007
Victory! On August 1, Judge Diana Becton Smith ruled that the City of Oakley did not adequately address the environmental impacts of its plan to build 4,300 houses in the San Joaquin-Sacramento River Delta. The judge ruled that the City of Oakley did not adequately address the plan’s negative impacts on air quality, and on farmland and agriculture in East Contra Costa County. The judge also ruled that the city provided inadequate details to the public when relying upon earlier studies to address the impact this project would have on agriculture in the area. Greenbelt Alliance will now request that the judge officially require the city to set aside approval of the specific plan and projects, and fully study the impacts this project will have on agriculture and air quality. The city has 60 days to appeal the ruling.
June 2007
In April, a decision came out in another case supporting Greenbelt Alliance’s
concerns about impacts on "inter-levee residents" — people who will be inside the old levee
but outside the proposed project's new levee. The judge
is considering changing her tentative ruling about whether the City improperly
postponed creating a new emergency response plan. Greenbelt Alliance
will continue to wait for the final verdict.
March 2007
On July 31, a Draft Environment Impact Report (DEIR) was circulated
for the Dutch Slough Properties project, which included the Gilbert
property. The Gilbert Property project is 120 acres located approximately
seven
feet below sea level. The proposal would include approximately 510
residential units. However, on November 28, the City of Oakley withdrew
the
Dutch Slough Properties DEIR. The MOU and Development Agreement remain
applicable to the Gilbert property and adjacent properties (Emerson
and Burroughs). An application has been submitted for the development
of
the Gilbert property portion of the withdrawn Dutch Slough Properties
project. The City of Oakley is preparing an Environmental Impact Report
(EIR) for the proposed Gilbert Property project. On February 23, Greenbelt
Alliance submitted comments asking the City to evaluate cumulative
impacts to Delta development and review alternative places for development.
Greenbelt
Alliance will continue to monitor this application.
January 2007
The hearing for Greenbelt Alliance’s lawsuit is scheduled on January
18, 2007. Greenbelt Alliance will attend the hearing to observe the verdict
and to garner media attention to the hearing. Greenbelt Alliance has
also worked through the regulatory avenue to block the development of
the East Cypress Corridor project. Greenbelt Alliance submitted comments
urging the Army Corps of Engineers to conduct a full environmental impact
study under the National Environmental Policy Act (NEPA) on the proposed
project before issuing any permits. The proposed development should prompt
a NEPA review due to the scope and intensity of impacts on federally
listed species, federal water resources and water and power facilities,
and public health and safety.
1/18/07 Court issues temporary ruling on Greenbelt's Oakley lawsuit San Jose Mercury News
November 2006
The court hearing date scheduled for November 14 has been rescheduled
to January 18, 2007 because a new judge was assigned to the case. The
postponement gives the new judge time to understand our lawsuit. Greenbelt
Alliance is also pursuing other regulatory avenues to block the development
of the East Cypress Corridor. The U.S. Army Corps of Engineers is soliciting
comments for a required permit for filling wetlands, and has extended
the deadline to November 30 in response to requests from Greenbelt Alliance,
the California Native Plant Society and other environmental groups. Greenbelt
Alliance has drafted a letter that cites our lawsuit and requests that
the Army Corps of Engineers require a National Environmental Policy Act
review. We are working closely with the Sierra Club, the Audubon Society,
the California Native Plant Society, and local residents.
10/08/06 Open
Forum: Oakley is creating a new Ninth Ward, San Francisco Chronicle
October 2006
Greenbelt Alliance filed an opening brief on September 20 in its lawsuit
to contest the city of Oakley’s Environmental Impact Report. The
hearing date is set for November 14, when a Contra Costa County Superior
Court Judge will decide the case. Greenbelt Alliance is also urging affected
property owners and agencies to contact the US Army Corps of Engineers,
which is considering whether the project requires federal review under
the US Environmental Protection Act. The Local Agency Formation Commission,
in a blatant violation of state law, also approved the 3-part annexation
process proposed by the city to disenfranchise the existing residents
of the area. The area residents resisted the annexation so forcefully
that the city withdrew its application to annex that area, separating
it from the remaining land.
September 2006
After the Contra Costa Local Agency Formation Commission (LAFCO) approved
two of Oakley’s three annexation requests and postponed the third,
the city announced it would withdraw its application for the third
area. The residents of Sand Mound and Dutch Slough roads made it clear
that they did not want to be annexed and that they were sufficiently
united to defeat the annexation through a protest vote. Meanwhile,
LAFCO is scheduled to hold its protest hearing for areas 1 and 2 on
September 11. Almost all of area 2 is owned by developers, so that
the annexation is likely to proceed. If the majority of the 34 homeowners
in Area 1 decide to protest the annexation, they will be effectively
surrounded by the City of Oakley, making this unlikely to happen. Greenbelt
Alliance has filed an opening brief on the CEQA lawsuit, and the court
date has been set for November 14.
August 2006
In a hearing marked by irregularities, the Contra Costa Local Agency Formation
Commission (LAFCO) approved the annexation of the bulk of the Hotchkiss
Tract, despite the recommendation of the agency staff and the bulk of
public testimony. The commission did bow to public pressure by continuing
the hearing rather than approve the third of three separate but coterminous
annexation applications. The third area is the most populous, and the
most likely to successfully protest the annexation. LAFCO's decision to
ignore the legal problems of moving forward with three separate annexations
and the safety concerns of developing on this site means that the annexation
will likely go forward, leaving the final approvals to the city. Greenbelt
Alliance's lawsuit under CEQA will likely go to court in December 2006.
June 2006
Greenbelt Alliance continues to pursue its three-pronged strategy for
defeating the East Cypress Corridor project, which would put 4,300 additional
houses in an area 5 feet below mean high tide. Greenbelt Alliance has
filed a California Environmental Quality Act (CEQA) lawsuit against the
city, and is preparing to file against LAFCO if that agency approves the
annexation; Greenbelt Alliance is making legal arguments to LAFCO as to
why it should reject the annexation; and Greenbelt Alliance is reaching
out to residents of the area in question to invite them to participate
in the process.
May 2006
Greenbelt Alliance's legal petition seeking to force the City of Oakley
to comply with the California Environmental Quality Act in approving a
plan for 4300 houses on the Hotchkiss tract has generated renewed opposition
to the development from local activists. Residents of Oakley as well as
residents of the Hotchkiss tract have contacted Greenbelt Alliance with
their support. The city of Oakley, however, is threatening to pull out
of the five-year planning process around the East County Habitat Conservation
Plan in retaliation. Greenbelt Alliance has continued to emphasize to
Oakley residents and regional partners that the Hotchkiss development
and the Habitat Conservation Plan are in no way connected.
05/13/06 Conservation
plan in jeopardy, Contra Costa Times
April 2006
Greenbelt Alliance filed a lawsuit asserting that the city of Oakley failed
to comply with the California Environmental Quality Act and state and
local planning laws when it certified the Environmental Impact Report
for the East Cypress Corridor Plan. The Plan would allow construction
of 4,300 houses at the Hotchkiss tract, 95% of which is below high tide.
The houses would be built behind new levees and the entire 2,500-acre
area would be annexed to the City of Oakley. Greenbelt Alliance hopes
to convince the city to rethink this dangerous and environmentally disastrous
project.
04/12/06 Lawsuits
Filed To Stop Building Near Levees,
ABC News
04/12/06 Oakley
sued over plans for 4,000 homes on flood-prone tract (East Bay, Land
Use and Planning), San Jose Mercury News, KESQ, The Sacramento Union (04/13),
Monterey County Herald (04/13), FoxReno.com, San Diego Union Tribune,
KTVU.com, San Luis Obispo Tribune, Contra Costa Times, Fort Worth Star
Telegram, Centre Daily Times (PA), Press-Enterprise (subscription, CA
), Monterey County Herald
04/12/06 OAKLEY:
Environmental group sues to block below-sea-level housing tract, San
Francisco Chronicle
04/12/06 Group
sues to stop housing project, Contra Costa Times
March 2006
The Oakley City Council has approved the specific plan and certified the
Final Environmental Impact Report (EIR) for 4300 houses to be built on
a Delta island. The island, known as the Hotchkiss Tract, is mostly below
sea level. The new houses would be protected from flooding by the original
un-engineered levees as well as new levees built inside the island. Despite
voluminous comments from jurisdictions, agencies, individuals and organizations
on the adequacy of the Final EIR, the city council voted to certify it.
Greenbelt Alliance must now consider filing a lawsuit to force the city
to comply with the California Environmental Quality Act.
01/30/06 Flood
Plain Development Questioned, San Francisco Chronicle
January 2006
The City of Oakley was forced to recirculate a portion of the Draft Environmental
Impact Report (DEIR) for their East Cypress Corridor Specific Plan. The
plan would allow 5609 houses on 2500 acres on an island in the San Joaquin-Sacramento
River Delta in Northeastern Contra Costa County. Almost all of the island,
known as the Hotchkiss Tract, is below high tide, and much of it is below
sea level. The development would include new, heavily fortified levees.
Nevertheless, development in this area creates astronomical risk from
flooding, earthquake, or fire from natural gas wells. In addition, the
proposed development is primarily single-family sprawl with no affordability
component and car-oriented design. Greenbelt Alliance submitted detailed
comments on the initial DEIR, and will submit additional comments on the
recirculated portion. Greenbelt Alliance is preparing to use legal, political,
and regulatory strategies to prevent or reverse approval of this project.
November 2005
The City of Oakley prepared a Draft Environmental Impact Report (DEIR)
for the East Cypress Corridor Plan, which would allow 3,500 new houses
on 2,500 acres at the Hotchkiss Tract. The Hotchkiss Tract is an island
in the San Joaquin-Sacramento River Delta, where much of the land is below
sea level. Contra Costa County has approved 1,100 houses there already
(Summer Lakes), which are now under construction. These houses are on
the highest, most stable soil. The new houses would be at risk of flooding
if the levee walls break, or sinking into the loose, organic soil during
an earthquake. In addition, the polluted runoff from the development will
be pumped into the Delta, which is a drinking water source for 20 million
Californians and an important habitat for endangered species. Greenbelt
Alliance submitted detailed comments on the DEIR, hoping to draw attention
to the extraordinarily high potential for impacts to water quality, fish
and wildlife habitat, public safety, transportation, and water supply.
October 2005
Greenbelt Alliance submitted highly critical comments on the hasty and
incomplete draft Environmental Impact Report for Oakley's East Cypress
Corridor Plan. The Plan would allow 3500 houses on an island in the San
Joaquin-Sacramento River Delta. The houses would be below high tide and
some below sea level, protected from flooding by new levees. The potential
impacts on public health and the environment are dramatic.
10/26/05 Radio
Spot: Housing Boom in Below-Sea-Level Calif. Delta, NPR
10/18/05 Radio
Spot: Is Delta Development a Recipe for Disaster?, The California
Report, KQED
July 2005
The City of Oakley's Environmental Impact Report for the massive 2,500
acre East Cypress Corridor annexation has been delayed until early August
or later. The potentially severe impacts of this project have generated
significant attention from local, regional, and national agencies and
organizations. Greenbelt Alliance is encouraging comments from a wide
variety of agencies, organizations, and individuals.
June 2005
The City of Oakley is preparing a Specific Plan and an Environmental Impact
Report for annexation of 2,500 acres on the eastern edge of the city,
on a Delta island called the Hotchkiss Tract. The draft EIR is expected
to be released July 15, which means comments may be due by the end of
August. Due to the wide-range of potential impacts, including cumulative
loss of agricultural land, public health and safety, water quality, wildlife
habitat, traffic, and air pollution, Greenbelt Alliance encourages comment
from a wide variety of agencies, organizations, and individuals.
May 2005
Oakley's plan to annex 2,500 acres east of the city is now being studied
in an EIR. The plan would annex the 1,300 homes now being built under
a development agreement with the county, and would permit several new
large developments. The Scope of the EIR is dubious, as the project and
action are not well defined. It is unknown how the request for annexation
will be received at LAFCO, though with recent changes in the Commissions'
composition it is not likely to face significant opposition from LAFCO
members.
April 2005
The County approved approximately 1300 homes in the Hotchkiss tract east
of the city in 1983, entitlements which the Board of Supervisors recently
fought in court and lost. Meanwhile, the City is going ahead with an Environmental
Impact Report scheduled for completion in late summer. The area is currently
unincorporated, so the city will go through annexation as well as project
approval.
March 2005
The City of Oakley is preparing an EIR for annexation of 2500 acres on
the eastern edge of the city, on a Delta island called the Hotchkiss Tract.
The initial study failed to adequately scope the project for water supply,
impacts on hydrology and sensitive species, and impacts to circulation
and public safety. The project is also adjacent to the Dutch Slough restoration
project now underway.
3/15/05 Oakley
wants to annex area caught in urban growth debate, Contra Costa Times
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