MEETING DATE: 4/25/2017
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR:
AGENDA ITEM PREPARER: Shandell Clark
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY
(To be heard at 9:00 AM or as soon thereafter as the matter may be heard)
Hold public hearing; and
A) Adopt A Resolution Adopting An Addendum To The Environmental Impact Report (EIR) For The Sunnyside Estates Project And Adopting Findings Under The California Environmental Quality Act (CEQA) And State Planning Law Regarding The Approval Of A Development Agreement For The Project; and
B) Adopt An Ordinance Approving A Development Agreement For The Sunnyside Estates Project.
SBC FILE NUMBER: 790
RESOLUTION NO: 2017-46
ORDINANCE NO: 956
AGENDA SECTION:
PUBLIC HEARING - Top
BACKGROUND/SUMMARY:
On January 20, 2016, the Planning Commission conducted a duly-noticed public hearing to consider the proposed 200-unit Sunnyside Estates project (“Project”). After conducting the hearing, taking testimony, considering the information provided, and closing the public hearing on this matter, the Planning Commission adopted Planning Commission Resolution No. 2016-01, recommending that the Board of Supervisors certify the Project’s Environmental Impact Report (“EIR”); adopt the requisite California Environmental Quality Act (“CEQA”) findings, mitigation measures, Mitigation Monitoring and Reporting Program (“MMRP”), and a Statement of Overriding Considerations; and adopt an Ordinance to approve a Zone Change (ZC 14-181) changing the zoning of the project site from Agricultural Productive (AP) to Single-Family Residential (R1).
On March 8, 2016, the Board conducted a public hearing to consider the proposed Project and took the following actions on the requested discretionary entitlements:
1) Adopted Resolution No. 2016-11, in which the Board certified the EIR, which evaluated the impacts of developing the Project, after concluding that the EIR had been prepared pursuant to the CEQA statute (Pub. Res. Act § 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000-15387), and the County’s local CEQA implementing procedures. The Board also adopted the findings required by CEQA; adopted the identified mitigation measures to reduce any significant environmental impacts where feasible, as recommended in the EIR; adopted the MMRP; and adopted a Statement of Overriding Considerations; and
2) Adopted Ordinance No. 944, approving Zone Change 14-181, to change the zoning for the Project site from Agricultural Productive (AP) to Single-Family Residential (R1) to ensure consistency between the County Code and the Project.
Shortly thereafter, in May 2016, the Planning Commission approved the Project applicant’s request for a Vesting Tentative Subdivision Map (TSM) No. 14-91 for the Project, which established the lot layout and related engineering details necessary to facilitate the physical development of the Project site (including its subdivision into 200 single family lots and related improvements) in conformance with the discretionary entitlements referenced above.
The Project applicant now seeks County approval of a Development Agreement, which would vest rights to develop the Project as envisioned by the above-referenced entitlements and would otherwise specify certain rights and obligations of the parties thereto. As detailed more fully therein, the Development Agreement would obligate the Owners (as that term is defined in the Development Agreement) to provide specified public benefits to the County beyond those that could otherwise be imposed on the Project as mitigation of the Project’s impacts and/or other conditions of approval, in consideration for the vesting of specified rights in connection with development of the Project. It also further clarifies certain of the Owners’ obligations initially set forth in the Conditions of Approval, which would facilitate the effective enforcement of said conditions and the efficient implementation of Project approvals. An Addendum to the previously certified EIR was prepared, along with appropriate findings under CEQA and State Planning Law pertaining to development agreements.
On March 15, 2017, the Planning Commission conducted a duly noticed public hearing during its regularly scheduled meeting, and considered and adopted Planning Commission Resolution No. 2017-010 recommending that the Board take the following actions regarding the Development Agreement:
1) Adopt an Addendum to the previously certified Environmental Impact Report (“EIR”) for the Sunnyside Estates Project, prepared pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Act § 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000-15387);
2) Adopt findings required by CEQA, State Planning and Zoning law and County code provisions; and
3) Adopt an Ordinance, approving the Development Agreement for the Sunnyside Estates project, based on the findings and conditions of approval.
The Project site is located approximately one-half mile south of the City of Hollister (outside the City’s sphere of influence), approximately one-half mile west of State Route (SR) 25, and approximately 2.25 miles south of SR 156. The approximately 44.4-acre Project site is located near the east bank of the San Benito River and is bounded by Hospital Road on the south, Southside Road on the east, and existing orchards on the northeast and north. A dirt access road forms the northern Project site boundary.
The Project site is currently comprised of agricultural uses (hay production and walnut orchards) and one single-family residence and related garage, located in the northeast corner of the site. Specifically, the Project site was historically used for homesteading land uses from approximately 1939 to 1959. Prior to 2006, orchard agricultural uses were present on-site. Currently, approximately 32.8 acres (in the southern portion of the site) are used for the production of hay; approximately 12.4 acres (in the northern portion of the site) are comprised of fallow walnut orchards; approximately 5.0 acres (along the southwestern site boundary) contain remnant coyote bush scrub or grassland habitat; and approximately 0.1 acre (in the northeast corner of the site near the corner of Southside Road and Enterprise Road) contains an existing single-family home and garage.
The Project (as described more fully in the approved TSM 14-91 and related Conditions of Approval as well as the EIR) involves the establishment of 200 individual lots, which would facilitate the development of 200 single-family residential units. In addition, the Project includes approximately 5.3 acres of parks and open space (of which approximately 0.4 acre would be a retention/detention basin; approximately 2.0 acres of open space would be within the 100-year flood plain; and the remaining 2.9 acres would be dedicated and developed pursuant to the County Code requirements for parklands as a park open to the public); and other on- and off-site improvements necessary to serve the Project. The proposed residential lots would range in size between approximately 5,000 square feet (sf) and approximately 13,824 sf, with the average lot size being approximately 5,800 sf. The proposed density would be 4.50 dwellings per gross acre.
The Development Agreement, if approved, would facilitate development of the Project as envisioned by the above-referenced discretionary entitlements that were previously approved by the Board and the Planning Commission. To that end, it would not modify any key features of the Project (e.g., maximum unit count, density, site plan, other applicable development standards, design guidelines, etc.). However, it would vest rights in the Owners (for a period of 15 years, consistent with the County’s local Development Agreement ordinance) to construct the Project as envisioned. The Development Agreement also contains provisions to ensure the anticipated Project Infrastructure (as that term is defined therein) is built; to obtain additional project benefits in a commitment to the development of Community Park Improvements and dedication of common area open space near the San Benito River in excess of current requirements and a commitment to the provision of affordable housing through payment of an affordable housing fee; to obtain the requisite funding for same (including, without limitation, the formation of a Community Facilities District to ensure a perpetual funding source for purposes of Revenue Neutrality (as that term is defined therein)); and the necessary impact fees and other monies due are express obligations of the Owners and enforceable by the County.
BUDGETED: