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Time Set 10.
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| Planning Commission |
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| Information |
| SUBJECT |
| ZF #2019-0011: Public hearing on a proposed amendment to the Emerald Homes Development Agreement for the Story residential subdivision (Tentative Map No. 4691) on the north side of Esparto east of County Road 87 and north of Woodland Avenue (APN: 049-250-009) to extend the expiration date from November 21, 2019 to December 31, 2021. A Mitigated Negative Declaration for the Story project was adopted on October 23, 2007 (SCH#2007012125). Applicant: Emerald Homes; Planner: SCormier |
| SUMMARY |
| FILE # 2019-0011 |
APPLICANT:
Trevor Smith |
OWNER:
Emerald Homes LT, LLC
16795 Lark Avenue
Los Gatos, CA 95032 |
LOCATION: North of Woodland Avenue and east of County Road 87 in Esparto (APN: 049-250-009)
GENERAL PLAN: Residential Low (RL)
ZONING: Low Density Residential (R-L)/Planned Development (PD) -61
SUPERVISORIAL DISTRICT: 5 (Chamberlain) |
SOILS: Capay Silty Clay (Ca), Grade 3 (Fair) and Tehama loam (TaA), 0 to 2 percent slopes, Grade 1 (Excellent)
FLOOD ZONE: X (area outside 100-yr flood plain), majority of site, and A (area within 100-yr flood plain)
FIRE SEVERITY ZONE: None |
| ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration |
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| RECOMMENDED ACTION |
That the Planning Commission:
1. Hold a public hearing and receive comments on the proposed amendment to the Emerald Homes Development Agreement for the Story residential subdivision (Tentative Subdivision Map No. 4691) that would extend the date of expiration from November 21, 2019 to December 31, 2021; and
2. Recommend to the Board of Supervisors:
A. That the previously adopted Mitigated Negative Declaration prepared for the project satisfies compliance under the California Environmental Quality Act (CEQA) and Guidelines; and
B. Approve the proposed amendment to the Emerald Homes Development Agreement to extend the term of expiration for the Story residential project to December 31, 2021. |
| REASONS FOR RECOMMENDED ACTIONS/BACKGROUND |
On October 23, 2007, the Board of Supervisors took action to adopt an ordinance approving a Development Agreement (DA) for the Story residential subdivision in Esparto, which included adoption of a resolution to approve Tentative Subdivision Map No. 4691. As designed, the Story subdivision, occupying approximately 16 acres in northern Esparto, consists of 78 single-family residential units on varying lot sizes between approximately 3,600 and 7,500 square feet, with homes ranging in size from approximately 1,360 to 1,980 square feet (including single-family affordable units).
A “Development Agreement” is a voluntary legal contract between a local jurisdiction and an entity who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property. Development Agreements are usually employed for large, complex development projects that are constructed in phases over a period of years. The agreements set the specific zoning, design, and other construction requirements for the project and give certainty to the developer that the rules will not be significantly changed over time. In return for this regulatory certainty, public agencies often negotiate additional benefits (or mitigation programs) that the developer will provide with the project. The framework and requirements for a DA is set forth in provisions of State law. The approval and any subsequent amendment of a DA requires a public hearing before the Planning Commission and the Board of Supervisors.
The Story DA had an original term of ten years, and on July 18, 2017, prior to expiration, the Board of Supervisors extended the term of the DA until November 2019, effective September 20, 2017. Emerald Homes has completed much of the work necessary to file the Final Map for the Story subdivision, but has requested the extension, similar to extensions recently approved for Castle Principles (Orciouli residential subdivision) and Yocha Dehe Wintun Nation (E. Parker residential subdivision) on March 12, 2019. Emerald Homes requests the extension in order to finalize the work necessary to file the Final Map and to consider options due, in part, to changes in the market, among other things. Recently, staff has met with the applicant to discuss the possibility of design changes that would result in a product that is more economically feasible to construct but that would still facilitate community demand, which includes exploring alternatives for meeting inclusionary housing requirements. Such conversations have also prompted discussions with Yolo County Housing. Additionally, Emerald Homes has expressed an interest in working with the Esparto Citizens Advisory Committee to engage in outreach for soliciting community input. For these reasons, staff supports the requested extension to help facilitate a future project at the Story site.
A Mitigated Negative Declaration for the Story residential project and Tentative Map No. 4691 was adopted on October 23, 2007 (SCH#2007012125), which satisfies CEQA compliance for the requested two-year term extension. |
| COLLABORATIONS |
| The Esparto Citizens Advisory Committee discussed the request at a special meeting on October 8, 2019 and voted unanimously to recommend an extension of the DA's expiration date. As addressed above, the applicant has reached out to Yolo County Housing to explore options for satisfying inclusionary housing requirements that would be meaningful to the community. The Office of the County Counsel has approved the proposed DA amendment as to form. |
| APPEALS |
| Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing with the Clerk of the Board of Supervisors within fifteen (15) days from the date of the action. A written notice of appeal specifying the grounds for appeal and an appeal fee immediately payable to the Clerk of the Board must be submitted at the time of filing. The Board of Supervisors may sustain, modify, or overrule this decision. |
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