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Councilor flags Mitchell Townhomes builder’s‑remedy project; draft EIR scoping underway
Summary
Council member reported that a builder’s‑remedy application for the Mitchell Townhomes project has been submitted; the project triggers an EIR scoping process and the draft environmental review is expected in coming months.
A council member reported Jan. 21 that an application has been submitted for the Mitchell Townhomes, described as a builder’s‑remedy project proposing dense residential development in an area currently zoned commercial.
Council member (speaking at the meeting) said the submission occurred shortly before the state certified the city’s housing element. She said “422 units are proposed” for the Mitchell Townhomes application and that the city was vulnerable to builder’s‑remedy projects because of the state housing element timeline: the State Department of Housing and Community Development mandated an allocation of approximately 6,000 new units for Walnut Creek in the current housing cycle.
The councilor explained the builder’s‑remedy concept to the public: if a jurisdiction fails to adopt an approved housing element or follow state timelines, a developer may submit a project that, under state law, can proceed with state‑compliant development standards even if local zoning would otherwise limit density.
The councilor said the project’s draft environmental impact report will be released for public review in the next couple of months and invited residents with interest to engage in the EIR process and public comment opportunities.
No action by council was taken at the Jan. 21 meeting on the Mitchell site; staff indicated more formal review and public hearings will follow as the draft EIR is published.
