MEETING DATE: 5/18/2022
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: Steve Loupe, Asst. Director - Public Works
AGENDA ITEM PREPARER: Steve Loupe
SBC DEPT FILE NUMBER: 790
SUBJECT:
UP 1079-13 (Conditional Use Permit), MS 1233-13 (Minor Subdivision): OWNER: PLH Vineyard Sky LLC and Ecos Energy LLC. APPLICANT: PLH Vineyard Sky LLC and Ecos Energy LLC. LOCATION: 1850 Buena Vista Road. APN: 019-110-033, -034, and -035. REQUEST: This prior approved development consisted of rural parcels with a 5-acre minimum size. However, the County Engineer conditioned the project to install frontage improvements be installed to the ultimate adopted geometric section for an urban subdivision (i.e., lot sizes less than 5 acres). This requirement conflicted with County Code Section 23.29.001. The request is to amend the Subdivision and Conditional Use Permit approvals so that they are applicable to lot sizes greater than 5 acres. GENERAL PLAN DESIGNATION: Agriculture (A). ZONING DISTRICT: Agricultural Productive (AP). ENVIRONMENTAL REVIEW: Categorically Exempt under State CEQA Guidelines. PLANNER: Arielle Goodspeed (agoodspeed@cosb.us)
AGENDA SECTION:
PUBLIC HEARING
BACKGROUND/SUMMARY:
On August 8, 2013, Ecos Energy, LLC (Ecos) applied to the County for (i) a minor subdivision (MS 1233-13) of 1850 Buena Vista Road in Hollister, California, seeking to subdivide 39.6 acres into 3 parcels and (ii) a conditional use permit (UP 1079-13) to develop, build and operate a ground-mounted solar photovoltaic electricity generating facility on parcel 3. Parcels 1 & 2 were to be retained by the selling landowners and such parcels were 5.19 acres each. Parcel 3 became 29.23 acres and was sold to PLH LLC (Ecos’ land holding company), for the development and construction of the solar facility associated with the conditional use permit.
On May 14, 2014, the San Benito County Planning Commission (“Planning Commission”) issued a Notice of Decision granting Ecos the minor subdivision and use permit with certain conditions. One of the conditions listed in the Notice of Decision was for Ecos to bond for or make certain roadway improvements along the property frontage of Buena Vista Road to the standard applicable to urban subdivision for lots less than 5 acres.
On June 26, 2014, Ecos Energy, LLC was required to send the County a funding deposit to serve as security for the required improvements.
On June 30, 2014, Ecos was required by the County to enter into an Improvement Agreement concerning the implementation of the required improvements.
On July 17, 2014, San Benito County Recorded the Parcel Map (attachment A) associated with MS 1233-13.
On July 18, 2014, PLH LLC acquired Parcel 3 from the original landowners for the development of the solar facility.
Around August 1, 2014, Ecos began civil and electrical construction of the solar facility on Parcel 3, and construction concluded in December of 2014. The access driveway to the facility was constructed per the approved building permit documents, with 20’ wide, 50’ long asphalt apron constructed out to the current Buena Vista roadway where the parcel has 60’ of frontage. As-Builts of the solar facility were completed in February of 2015.
Between June 2018 and August 2020, Ecos had ongoing conversations with the County Engineer, relating to the need for the previously bonded improvements. It was determined by the County Engineer, in 2020, that the original required improvements were not appropriate as those requirements were applicable to a subdivision for lot sizes that are less than 5 acres.
This request is to amend the Subdivision and Conditional Use Permit approvals so that they are applicable to lot sizes greater than 5 acres and return the original/previous funding deposit to the depositor. The revised conditions will require that frontage improvements be constructed or that a new bond be issued to construct those improvements as applicable for lot sizes greater than 5 acres.
BUDGETED:
No