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  Time Set   # 12.       
Board of Supervisors Meeting   
Meeting Date: 03/10/2015  
Brief Title:    El Macero Villas
From: Taro Echiburu, AICP, Director, Planning, Public Works and Environmental Services
Staff Contact: Eric Parfrey, AICP, Planning, Public Works and Environmental Services, x8043
Supervisorial District Impact:

Subject
Public hearing to consider the approval of a General Plan Amendment, rezoning, lot line adjustment, tentative (condominium) map, and adoption of a mitigated negative declaration pursuant to the California Environmental Quality Act for the El Macero Villas project. (No general fund impact) (Echiburu/Parfrey)
Recommended Action
  1. Hold a public hearing and consider adoption of a General Plan Amendment, rezoning, Lot Line Adjustment, and Tentative Map #5064 for the El Macero Villas project (Attachments A and B);
     
  2. Adopt the Mitigated Negative Declaration, Errata, and Mitigation Monitoring and Reporting Program (Attachment I) as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
     
  3. Adopt an ordinance which amends the Land Use Map of the 2030 Countywide General Plan to redesignate the two properties, and which rezones the two properties (Attachment C);
     
  4. Adopt the resolution which approves the Mitigated Negative Declaration and the General Plan Amendment for the project (Attachment D);
     
  5. Adopt the resolution which approves the Lot Line Adjustment for the two properties (Attachment E); and
     
  6. Adopt the proposed Findings (Attachment F) and the Conditions of Approval (Attachment G) for the project.
Strategic Plan Goal(s)
Preserve and support agriculture
Protect open space and the environment
Provide fiscally sound, dynamic and responsive services
Reason for Recommended Action/Background
Approval of the General Plan Amendment, rezoning, Lot Line Adjustment, and Tentative Map would allow construction of the project, which will create a 16 unit residential condominium development. The project constitutes infill development and is consistent with the Yolo Countywide General Plan and Housing Element policies encouraging such infill growth in the area.

BACKGROUND

The project was the subject of a previous public hearing at the Board of Supervisors on October 7, 2014, after which the Board authorized the study of the proposed General Plan Amendment, as required under Section 8-2.223(d) of the Yolo County Code. Staff prepared a Mitigated Negative Declaration for the project, which was circulated for 30-day review which began on January 23, 2015.

On February 12, 2015 the Planning Commission held a public hearing to consider the project. Following the hearing the Commission approved a recommendation to the Board of Supervisors to approve the project. The vote to approve the recommendation was 4-1-0.

PROJECT DESCRIPTION

El Macero Villas, LLC (the applicant) plans to construct a residential condominium development on the western portion of the El Macero Golf Course. The site is located near the western intersection of Mace Boulevard and San Marino Drive in an unincorporated area of Davis (Attachment A).

The project will create for-sale residential condominiums, consisting of three two-story buildings with a total of 16 units. Each unit will be two stories in height, with a two car garage. An air space condominium will be created for individual sales. A Homeowners Association will be formed to own and maintain all improvements outside the walls of the residential units. It is anticipated that the project will be constructed in three phases, with the timing of moving from one building to the next based on sales.

Access will be via two un-gated entrances on Mace Boulevard. A solid wood fence will be constructed along the Mace Blvd frontage, with landscaping installed as screening. The project will connect to City of Davis water and sewer facilities. Low impact development will be incorporated into the site plan, in the form of bioswales.

The approximately 2.4-acre area planned for the project has been used as the golf course corporation and storage yard for the golf course (Attachment A, Aerial Site Plan). Some of the site contains large mounds of stockpiled trees, vegetation clippings, along with soils and compost used in the maintenance of the golf course. A portion of the adjacent irrigation pond for the golf course will be utilized for the project.

The project site consists of portions of two existing parcels, APN: 068-130-007 (2.8 acres, frontage along Mace Boulevard) and 068-130-002 (163.7 acres, the El Macero golf course). The 2.8-acre parcel is designated by the Yolo County General Plan as “Residential Low (RL)” and zoned “Low Density Residential (R-L)/Planned Development 66 (PD-66).” The golf course parcel is designated as “Parks and Recreation (PR)” and zoned “Parks and Recreation” (P-R).

The project will require a General Plan Amendment and rezoning approval for a portion of both parcels to “Residential Medium” (RM) and “Medium Density Residential (R-M)/Planned Development” (R-M/PD), respectively (Attachment B, Proposed General Plan Amendment and Proposed Rezoning). The project will also require approval of a Tentative Subdivision Map to approve the condominiums (Attachment B, Tentative Map). In addition, a lot line adjustment is proposed to merge the northern and southern segments of the existing 2.8-acre parcel along Mace Boulevard into the golf course property (Attachment B, Proposed Lot Line Adjustment).

The applicant proposes that the project will meet its Inclusionary Housing requirement in the form of an "alternative proposal" consisting of an in-lieu payment and other arrangements by contributing to a City of Davis affordable housing project. The County's Inclusionary Housing Ordinance requires that 25 percent (or four of the proposed sixteen units) be sold at affordable levels (two at a sales price affordable to moderate income families and two at low income levels). The applicant's alternative proposal is to provide financial assistance to the Yolo County Housing to be used at the Pacifico housing project in Davis. Based on discussions with Yolo County Housing, the proposed financial assistance of $220,000 will directly result in the rehabilitation of no less than four affordable units at the Pacifico housing project. This amount is reached by calculating the cost of constructing four 1,000 square feet units at an average rate of $110 per square foot, and applying a 50% factor to account for the fact that the Pacifico units have already been built and need rehabilitation. The applicant requests that payment be collected prior to the issuance of the first occupancy permit for the El Macero Villas project.

ANALYSIS

As noted above, staff has prepared an Initial Study/Mitigated Negative Declaration for the project, which was circulated for 30-day review between January 23, 2015 and February 23, 2015. The environmental analysis contained in the Initial Study identified two potentially significant issues related to biological resources in the area. In addition to these biological issues, the project design raises three other non-environmental issues, regarding storm drainage, access, and inclusionary housing policy, which are also discussed below.

Davis Pass-Through Agreement

The project is within the area around Davis that is subject to the "Pass-Through Agreement." The Amended and Restated Pass-Through Agreement, entered into November 20, 2001 between the Redevelopment Agency, the City of Davis, and Yolo County provides the City of Davis with the ability to review project proposals in the unincorporated area surrounding the City. The City may withhold tax increment revenue that is passed through to Yolo County if the County approves “urban development” in the identified area. Although the Redevelopment Agency has been dissolved, the City and the County continue to operate under the provisions of the Agreement.

The City Council held a hearing on December 16, 2014 and determined that the City does not object to County approval of the requested entitlements. The property is not in agricultural use, the project is supported by the El Macero Country Club members, and public services will be adequately provided. The City has recommended several conditions that should be attached to the project approval (see City Council report in Attachment H).

Biological Issues

The Initial Study analyzed biological resources on the project site and concluded that "the proposed development activities on the approximately 2.4 acre site would have minimal effect on biological resources and would not significantly affect the status, populations, or distribution of natural communities, plants, or wildlife resources in Yolo County. Special-status species would also not be significantly affected with the possible exception of Swainson’s hawk and white-tailed kite if these species were to nest onsite prior to construction activity."

The Initial Study includes Mitigation Measure BIO-1, which requires the applicant to conduct preconstruction surveys for active Swainson's39;s hawk and white-tailed kite nests within 0.25 mile of any excavation, if any earthmoving activities occur between March 15 and September 15 of any given year. If nesting Swainson's hawks or white-tailed kites are recorded within the 0.25 mile survey area, the applicant will postpone all earthmoving activities until active nests are no longer occupied or will consult with the California Department of Fish and Wildlife on other appropriate measures.identified.

The Initial Study environmental analysis also identified potential impacts to waters and wetland habitat related to the proposed modification of the adjacent golf course pond. The study notes that the Central Valley Regional Water Quality Control Board (CVRWQCB) staff and their attorney have advised that the pond would be considered “waters of the State” and subject to jurisdiction of the CVRWQCB. If the pond is determined to be under State jurisdiction, Mitigation Measure BIO-2 requires the project to mitigate at a ratio of at least 1:1 for the portion of the pond and vegetation that is removed or filled. For example, if approximately 0.25 acre of the pond is filled and cattails are removed, the mitigation could involve creating an additional 0.25-acre of water surface at the eastern edge of the pond or another pond and planting cattails. The applicant may be required to apply for a Waste Discharge Requirements permit from the CVRWQCB.

Storm Drainage

The project proposes a storm drainage design plan that relies on the use of previous pavement and a series of four small percolation basins to retain all stormwater on the project site. The project also proposes the modification of the adjacent existing golf course pond, which is a water hazard for the existing course, but is not used for drainage purposes. The applicant has submitted a drainage study and the County has retained a private consultant to provide third party review of the applicant submittal to ensure that the proposed drainage plan conforms with Yolo County Improvement Standards. Final details of the drainage plans are being reviewed and will be complete by the time the Final Subdivision Map is accepted by the County.

Mace Boulevard Improvements

As already noted, the City of Davis has recommended several conditions that should be attached to the project approval (see City Council report in Attachment H). The City requests that the project's Mace Boulevard improvements be closely coordinated with the City’s Mace Boulevard project for which the City is expecting to receive grant funding for construction in 2016. The City notes that the Villas at El Macero project may be required to construct, or provide the funds for the City’s project to construct, improvements related to the City’s project that will be affected by the Villas at El Macero development including but not limited to: median island improvements within Mace Boulevard to restrict movements from the northerly driveway to right-in / right-out only, signage at each driveway alerting drivers to the presence of a cycle-track.

The City requests that any project work to be performed within Mace Boulevard be completed no later than May 31, 2016 to avoid conflict with the City’s future work within Mace Blvd. Any project work that has not been completed by May 31, 2016 shall be completed with the City’s Mace Blvd. project and shall be paid for by the developer of the project.

Utility Lines

The City further requests that all utilities serving the project including electrical service(s) from the poles along Mace Boulevard to the project shall be conveyed underground, subject to City Public Works Department review and approval. In addition, developer shall provide a recordable mechanism under which future property owners shall be responsible for paying their fair share of costs for any future undergrounding projects which remove the overhead utility lines along Mace Boulevard fronting the project.

The City has asked that the applicant "consider" undergrounding the existing overhead utility lines along Mace Boulevard, as part of this project, in addition to requiring undergrounding utilities from the main lines to the units. It should be noted that the issue of replacing and/or undergrounding the existing utility lines along Mace Boulevard received extensive discussion at the Planning Commission. One commissioner felt very strongly that the existing lines, because they are sagging so close to the ground, must be replaced as a condition of project approval for safety reasons and to ensure safe clearance for trucks into the project site. A majority of the commissioners did not agree that the applicant should be required to replace the lines as part of the project approval. The applicant has said that PG&E may not agree to any work being done on the wires at this time.

The City also asks that the applicant consider landscaping with street trees between street and sidewalk; and consider a more permeable appearance facing the street, instead of the proposed 6-7-foot fence. The applicant has indicated that he intends to construct a "living" fence with vegetation.

The project is also subject to payment to the City of Davis for roadway impact fees for the sixteen single-family attached units prior to initiation of water service. Fee shall be at the rate for single family attached dwelling unit in effect at the time of payment (the current fee is $6,023 per unit).

Inclusionary Housing Requirements

The applicant proposes that the project will meet its Inclusionary Housing requirement in the form of an "alternative proposal" consisting of an in-lieu payment and other arrangements by contributing to a City of Davis affordable housing project. The County’s Inclusionary Housing Ordinance requires that 25 percent (or four of the proposed sixteen units) be sold at affordable levels (two at a sales price affordable to moderate income families and two at low income levels). The applicant’s alternative proposal is to provide financial assistance to Yolo County Housing to be used at the Pacifico housing project in Davis. Based on discussions with Yolo County Housing, the proposed financial assistance of $220,000 will directly result in the rehabilitation of no less than four affordable units at the Pacifico housing project. This amount is reached by calculating the cost of constructing four 1,000 square feet units at an average rate of $110 per square foot, and applying a 50% factor to account for the fact that the Pacifico units have already been built and need rehabilitation. The applicant requests that payment be collected prior to the issuance of the first occupancy permit for the El Macero Villas project.
Collaborations (including Board advisory groups and external partner agencies)
As noted above, the Davis City Council held a hearing on December 16, 2014 and determined that the City does not object to County approval of the requested entitlements.  The City has recommended several conditions that should be attached to the project approval (see City Council report in Attachment H).

The project was reviewed by the South Davis Citizens Advisory Committee on October 1, 2014. The committee voted to endorse the project.

County Counsel has reviewed and approved the form of the attached resolutions, ordinance, and findings.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   0
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
Attachments
Att. A. Vicinity Aerial & Site Plan
Att. B. GPA-Rezone-TSM-LLA
Att. C. Ordinance No. 1453
Att. D. CEQA Resolution
Att. E. LLA Resolution
Att. F. Findings
Att. G. Conditions of Approval
Att. H. Correspondence
Att. I. MMRP, Errata & MND

Form Review
Inbox Reviewed By Date
County Counsel Phil Pogledich 02/19/2015 11:28 AM
County Counsel Eric May 03/03/2015 02:35 PM
Form Started By: eparfrey Started On: 02/18/2015 08:38 AM
Final Approval Date: 03/03/2015

    

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