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Time Set # 22.
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| Board of Supervisors |
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| Subject |
| Hold a public hearing to consider a request for amendments of Development Agreements to allow a time extension to November 2019 for three approved Esparto development projects (the E. Parker, Story and Orcuioli subdivisions), which were scheduled to expire in October 2017 and March 2018. (No general fund impact) (Echiburu/Parfrey) |
| Recommended Action |
- Hold a public hearing and receive comments from the public on the proposed Development Agreement amendments to allow a time extension (Attachment A);
- Adopt the "common sense" exemption as the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines (Attachment B); and
- Approve the amendments to the E. Parker, Story and Orcuioli subdivision Development Agreements to extend the term of the Agreements until November 21, 2019.
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| Strategic Plan Goal(s) |
Thriving Residents
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
The County approved separate Development Agreements (DAs) for three large subdivisions in Esparto along with approval of the projects’ Tentative Subdivision Maps in 2007 and 2008. The projects include the E. Parker subdivision (68 units, Emerald Homes); Story subdivision (78 units, also Emerald Homes); and the Orciuoli subdivision (180 units, Castle Companies).
The E. Parker project is located on the south side of Esparto between State Route 16 and Lamb Valley Slough (APN: 049-160-015). The Story subdivision is located on the north side of Esparto north of Woodland Avenue and east of County Road 87 (APNs: 049-250-009). The Orcuioli subdivision is located on the west side of Esparto on State Route 16, north of the Esperanza Estates subdivision and west of the Parker Place subdivision (APN: 049-150-040).
Under the terms of the Development Agreements, the contracts will expire 10 years following their recordation, unless the projects have completed construction. The applicants for the three approved subdivisions, Emerald Homes and Castle Companies, are requesting amendments to the three Development Agreements to allow a time extension to November 2019 so possible further amendments to the agreements may be negotiated between the County and the developers.
The time extension is a formal amendment to the three DAs and is a discretionary act. Under State law, DA amendments are subject to a public hearing at the Planning Commission and Board, with final approval by the Board. A Categorical Exemption has been prepared for the time extension.
BACKGROUND
A “Development Agreement” is a voluntary legal contract between a local jurisdiction and a person 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.
Regarding State law for approved subdivisions, State law allows approved Tentative Subdivision Maps to remain in effect for up to two years, after which a Tentative Map expires, if a Final Subdivision Map has not been submitted. Extensions of time may be granted by the local jurisdiction to extend the life of a Tentative Map.
More importantly, since the years of the Great Recession beginning in 2007 when the real estate market collapsed in many locations in California, the State Legislature has routinely extended the effective life of Tentative Maps approved before the downturn in two year increments. Thus, residential and commercial development projects with a Tentative Map approved during the height of the construction boom just prior to the real estate collapse are automatically extended and have additional time to be completed. Under several State bills that have been signed into law over the last ten years, most Tentative Maps approved in the 2007-2008 period will not expire if Final Maps have not been completed and accepted by the local jurisdiction until 2018 or 2019 (unless new State law further extends the maps, which is likely).
The two developers have not proceeded with a Final Map for any of the three projects and thus no construction has occurred since the initial approval of the Tentative Maps and DAs, although Emerald Homes has completed much of the work necessary to file the Final Map for the Story subdivision. |
| Collaborations (including Board advisory groups and external partner agencies) |
| The Esparto Citizens Advisory Committee discussed the request at their meeting on May 16, 2017 and recommended approval of the time extension unanimously. |
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