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  Time Set   # 26.       
Board of Supervisors   
Meeting Date: 03/12/2019  
Brief Title:    Amendments to the E. Parker and Orciuoli Development Agreements
From: Taro Echiburu, Director, Department of Community Services
Staff Contact: Stephanie Cormier, Principal Planner, Department of Community Services, x8041
Supervisorial District Impact:

Subject
Hold public hearing to consider amendments to the Development Agreements for the E. Parker and Orciuoli residential subdivisions in Esparto; adopt MOU with Yocha Dehe Wintun Nation to transfer gas station obligation and extend terms to December 31, 2022 ( E. Parker) and December 31, 2020 (Orciuoli), and adopt 'common sense' exemption as the appropriate level of environmental documentation. (No general fund impact) (Echiburu/Cormier)
Recommended Action
  1. Adopt the 'common sense' exemption as the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, finding that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (Attachment A);
     
  2. Approve the amendments to the Development Agreements to extend the expiration date to December 31, 2022, for the E. Parker DA and December 31, 2020, for the Orciuoli DA; and, transfer the obligation to construct a gas station from the Orciuoli DA to the E. Parker DA, including the elimination of the requirement to construct the gas station/commercial development at the two-acre site previously known as the 'Huie' property (Attachments B & C); and
     
  3. Approve Memorandum of Understanding committing Yocha Dehe Wintun Nation to undertake gas station project. (Attachment D)
Strategic Plan Goal(s)
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
Separate Development Agreements (DAs) were approved for the E. Parker and Orciuoli residential subdivisions in Esparto in October 2007, and March 2008, respectively. Each DA had an original term of ten years, and in July, 2017, the Board extended the DAs until November 2019 . The Yocha Dehe Wintun Nation (Tribe) has since bought the E. Parker property from Emerald Homes and desires to extend the term of the DA. Additionally, in an agreement made with Castle Principles, the Tribe has accepted the requirement to construct the gas station, subject to removing the obligation to construct a gas station at the 'Huie' property from the Orciuoli DA. The request to amend and extend the terms of each DA will facilitate the transfer of the gas station requirement (Attachment D).

The Tribe has expressed an interest in developing the two-acre 'Huie' property with a health and community center instead of a gas station/commercial retail uses, and has purchased the E. Parker property as a possible alternative location for the gas station. Thus, the Tribe is seeking the DA amendment to transfer the gas station requirement from the Orciuoli DA to the E. Parker DA so that the sale of the two-acre property may proceed.  Additionally, the Tribe is seeking an extension to the E. Parker DA to allow for a reasonable amount of time to consider alternative development at the site. A certain amount of time has also been extended to the Orciuoli DA in anticipation of future amendment considerations.

As currently designed, the tentative subdivision map for the E. Parker project consists of 62 low density residential lots on 17 acres of land, located immediately east of the new park and aquatic center between State Route 16 and Lamb Valley Slough. The tentative map for the Orciuoli subdivision, consisting of up to 180 residential lots on approximately 38 acres, is located in the northwestern portion of Esparto; and the two-acre 'Huie' property is located at the northwest corner of Yolo Avenue and County Road 21A, immediately west of the park and aquatic center (Attachment E). Final Maps have not yet been approved for either residential subdivision, thus, no construction has occurred since the initial approval of the tentative subdivision maps and DAs. Under state law, extending the terms of each DA will also extend the life of the tentative maps.

The framework and requirements for a DA is set forth in provisions of state law, and the approval and any subsequent amendment of a DA requires a public hearing before the Planning Commission and Board of Supervisors. A noticed public hearing was held at the Planning Commission on February 14, 2019, where the Planning Commission unanimously recommended adoption of a CEQA exemption and approval of the amendments to and extension of the Development Agreements for the E. Parker and Orciuoli residential subdivisions in Esparto. Thus, staff is forwarding the Planning Commission's recommendation and seeking Board approval to amend and extend the terms of the Esparto DAs. 
Collaborations (including Board advisory groups and external partner agencies)
The Esparto Citizens Advisory Committee discussed the request at a special meeting on February 12, 2019, and unanimously recommended approval of the amendments and time extensions to the E. Parker and Oricuoli residential subdivision DAs. It was recognized that construction of a much needed health and community center at the two-acre 'Huie' site would greatly benefit the community, and that modifying the DAs to accommodate a future gas station in an alternative location would also satisfy a long-standing community desire.

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
$0
Attachments
Att. A. CEQA Exemption
Att. B. E. Parker DA
Att. C. Orciuoli DA
Att. D. MOU with Tribe for Gas Station
Att. E. Vicinity Exhibit
Att. F. Presentation

Form Review
Inbox Reviewed By Date
Stephanie Cormier (Originator) Stephanie Cormier 02/21/2019 12:35 PM
Leslie Lindbo Leslie Lindbo 02/21/2019 01:34 PM
Stephanie Cormier (Originator) Stephanie Cormier 02/21/2019 01:47 PM
Leslie Lindbo Leslie Lindbo 02/21/2019 01:54 PM
County Counsel Eric May 03/01/2019 07:57 PM
Form Started By: Stephanie Cormier Started On: 02/21/2019 08:13 AM
Final Approval Date: 03/01/2019

    

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