MEETING DATE: 5/21/2019
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Adopt resolution waiving of conditions 13, 24 and 35 (relating to affordable housing, access through Ridgemark and provision of a traffic circle) for Vesting Tentative Subdivision Map TSM 15-94. (The Promontory project), near Ridgemark pursuant to Government Code Section 66462.5
SBC FILE NUMBER: 160
RESOLUTION NO: 2019-48
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
The vesting tentative subdivision map ("VTM") for this project was approved by the Planning Commission in 2018. The Applicant has requested the County waive Condition of Approval No. 34 and 35 pursuant to Government Code Section 66462.5 due to their reported inability to negotiate a mutually acceptable agreement with Ridgemark Homeowners Association (RHA) regarding right to access.
Condition No. 34 states:
34. Access to Ridgemark. Since the proposed subdivision is proposing to connect and access Ridgemark, the Applicant shall obtain proof or confirmation of legal access to connect to Ridgemark Drive or provide agreement with Ridgemark HOA allowing the proposed Project to utilize the existing Ridgemark Roads. This documentation shall be submitted to the County RMA prior to recordation of the first Final Map.
Condition of Approval 35 stated:
"35. A Potential Traffic Circle at the northern entrance shall be reviewed separately and with documented permission from the Ridgemark Homes Association and appropriate property owners affected. The circle and access improvemnets may be demonstrated on formalized Improvement Plans for the development of the subdivision."
The Applicant and RHA are currently in litigation regarding the right to access. Waiver of this condition of approval, subject to the condition that an emergency vehicle access (EVA) be provided at that location is sufficient to meet the Fire Code, will allow the project to proceed forward (consistentwith previously approved County entitlements) without further delay, and also will result in termination of the litigation between the parties.
Background About Project:
OWNER: Roy and Rita Lompa. APPLICANT: Bates/Stringer LLC. LOCATION: The approximately 50-acre project site is located in unincorporated San Benito County 0.7 miles south of the City of Hollister, outside the City’s sphere of influence and 0.9 miles west of State Route (SR) 25. The vesting tentative map was approved in April 2018 by the Planning Commission to subdivide an approximate 50-gross acre site into 90 residential lots, with three (3) neighborhood parks and a six-foot wide paved bicycle/pedestrian path constructed throughout the development, separated from the roadway by curb and gutter. Lot sizes will range from 8,550 square feet to ~29,000 square feet, and home sizes are expected to range from 2,400 square feet to 3,500 square feet.
ENVIRONMENTAL EVALUATION: This staff report shall also be treated as an Addendum to Environmental Impact Report (FEIR) prepared for The Bluffs at Ridgemark project as it contains sufficient information to support the County's conclusion that no further environmental review is necessary (pursuant to CEQA Guidelines Sections 15162, 15164) for the Board to take the requested action. A link to the Draft and Final EIR documents will be available for viewing on the County of San Benito Website: www.cosb.us under Recent News by Monday. Planner: Taven M. Kinison Brown (tkinisonbrown@cosb.us)
Further Background:
Government Code 66462.5 states,
(a) A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the final map is filed with the local agency, to permit the improvements to be made. In such cases, unless the city, county, or city and county requires the subdivider to enter into an agreement pursuant to subdivision (c), the city, county or city and county shall, within 120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of that title.
(b) If a city, county, or city and county has not required the subdivider to enter into an agreement pursuant to subdivision (c) and if a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. The waiver shall occur whether or not the city, county, or city and county has postponed or refused approval of the final map pursuant to subdivision (a).
(c) Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land that will permit the improvements to be made.
(d) Nothing in this section precludes a city, county, or city and county from requiring a subdivider to pay the cost of acquiring offsite real property interests required in connection with a subdivision.
(e) “Offsite improvements,” as used in this section, does not include improvements that are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (emphasis added).
As a result, these conditions could be removed without action by the County at the time of the filing of the final map. Recognition of the waiver now of these condition, is being requested so that the parties can proceed forward with this project, including purchase of the property, at this time, knowing that access to the project will be located on Southside Road, rather than through Ridgemark.
BUDGETED: