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File #: 23-0421    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 3/29/2023 In control: Planning and Building Services
On agenda: 4/11/2023 Final action:
Title: Noticed Public Hearing - Discussion and Possible Action to Modify the Previously-Approved Garden's Gate Subdivision Vesting Tentative Map and Development Agreement (Now Known as the "Bella Vista Subdivision Project") Including (1) Adoption of a Resolution Approving an Addendum to the Garden's Gate Final Environmental Impact Report and an Amended Mitigation Monitoring & Reporting Program for the Bella Vista Subdivision Project; (2) Adoption of Resolution Approving for the Bella Vista Subdivision Project an Amended Vesting Tentative Map (S_2020-0001) Subject to Conditions of Approval and an Amended Mitigation Monitoring & Reporting Program, a Density Bonus and Reductions in Development Standards per State Density Bonus Law, Modified Design Guidelines and Preliminary Landscape Site Plan & Planting Plan, an Administrative Permit (AP_2022-0034), and an Inclusionary Housing Plan; (3) Adoption of an Ordinance Amending Section 21.04.020 of the Mendocino County Code and Approving Restated Deve...
Attachments: 1. Resolution 23-074, 2. Resolution 23-075, 3. Ordinance 4520, 4. Hearing Notice (04-11-23) Mail - FINAL, 5. Presentation, 6. Proof of Publication (Bella Vista), 7. Ordinance Summary - FINAL, 8. BOS Memo-Bella Vista Approvals (FINAL), 9. 1. BOS Memo-Bella Vista Approvals (FINAL), 10. 2. BOS Memo ATT. 1 - Site Location Map, 11. 3. BOS Memo ATT. 2 - PC Staff Report, 12. 4. BOS Memo ATT. 3 - PC Resolution PC_2023-0002, 13. 5. BOS Memo ATT. 4 - PC Public Comment, 14. 6. BOS Memo ATT. 5 - Reso-Addendum & MMRP, 15. 7. EXH A - Addendum to EIR (combined), 16. 8. EXH B - Amended MMRP for Bella Vista, 17. 9. BOS Memo ATT. 6 - Reso-Planning Permits, 18. 10. EXHIBIT A - Bella Vista VTM, 19. 11. EXHIBIT B - Inclusionary Housing Plan, 20. 12. EXHIBIT C - Design Guidelines Manual, 21. 13. EXHIBIT D - Landscape Site & Planting Plan, 22. 14. EXHIBIT E - Conditions of Approval, 23. 15. EXHIBIT F - Amended MMRP for Bella Vista, 24. 16. BOS Memo ATT. 7 Restated DA Ordinance (04-11-23), 25. 17. EXHIBIT 1, BV Restated DA (04-11-23), 26. 04-11-23 Gjerde Bella Vista Memo, 27. 04-11-23 REVISED Attachment 9. BOS Memo ATT. 6 - Reso-Planning Permits REDLINE, 28. 04-11-23 REVISED 17. final Exhibit 1, BV Restated DA REDLINE, 29. 04-11-23 REVISED 21. Exhibit 1 - Exhibit D, Bella Vista Inclusionary Housing Agreement REDLINE, 30. 04-11-23 REVISED EXHIBIT E - Conditions of Approval REDLINE, 31. 04-11-23 REVISED Ordinance Summary - FINAL REDLINE, 32. 04-11-23 REVISED Recommended Action, 33. 04-11-23 Handout Provided During Meeting, 34. Ordinance Summary - FINAL CLEAN

 

To:  Board of Supervisors

FromPlanning and Building Services

Meeting DateApril 11, 2023

 

Department Contact:  

Julia Krog

Phone: 

707-234-6650

Department Contact:  

Matthew Kiedrowski

Phone: 

707-234-6885

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 1.5 Hours

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Action to Modify the Previously-Approved Garden's Gate Subdivision Vesting Tentative Map and Development Agreement (Now Known as the "Bella Vista Subdivision Project")  Including (1) Adoption of a Resolution Approving an Addendum to the Garden's Gate Final Environmental Impact Report and an Amended Mitigation Monitoring & Reporting Program for the Bella Vista Subdivision Project; (2) Adoption of Resolution Approving for the Bella Vista Subdivision Project an Amended Vesting Tentative Map (S_2020-0001) Subject to Conditions of Approval and an Amended Mitigation Monitoring & Reporting Program, a Density Bonus and Reductions in Development Standards per State Density Bonus Law, Modified Design Guidelines and Preliminary Landscape Site Plan & Planting Plan, an Administrative Permit (AP_2022-0034), and an Inclusionary Housing Plan; (3) Adoption of an Ordinance Amending Section 21.04.020 of the Mendocino County Code and Approving Restated Development Agreement for the Bella Vista Subdivision Project Located At 3000 South State Street Near Ukiah (DEV_2020-0001)

(Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

1) Adopt Resolution Approving Addendum to the Garden's Gate Final Environmental Impact Report and an Amended Mitigation Monitoring & Reporting Program for the Bella Vista Subdivision; 2) Adopt Resolution approving the Bella Vista Subdivision Project an Amended Vesting Tentative Map (S_2020-0001) subject to conditions of approval and an amended Mitigation Monitoring & Reporting Program, a Density Bonus and Reductions in Development Standards per State Density Bonus Law, Modified Design Guidelines and Preliminary Landscape Site Plan & Planting Plan, an Administrative Permit (AP_2022-0034), and an Inclusionary Housing Plan; 3) Adopt Ordinance amending section 21.04.020 of the Mendocino County Code and approving restated development Agreement for the Bella Vista Subdivision Project Located At 3000 South State Street Near Ukiah (DEV_2020-0001); and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

§                     On October 6, 2009, the Garden's Gate Environmental Impact Report was certified by Resolution No. 09-230 including a Statements of Overriding Considerations and a Mitigation Monitoring & Reporting Program.

§                     On October 6, 2009, the Vesting Tentative Map (S_3-2005) for the 197-unit Garden's Gate Project was approved by the Board.

§                     Development Agreement for Garden's Gate Project approved by Ordinance No. 4229 in October 2009 and amended by Ordinance 4264 in July 2010. The Development Agreement vests the project entitlements for the Garden's Gate Project for a period of 15 years (i.e., through August 27, 2025).

§                     A Final Map for four lots (totaling 1.68 acres) for Tract 261 (also known as Gardens Gate Subdivision Unit One) and a subdivision improvement agreement were approved on October 20, 2020 and deemed consistent with #S_3-2005 (Resolution No. 20-149 and Agreement No. 20-144).

Rezone #R2-2007 approved in December 2007 by Ordinance No. 4195 and Resolution No. 07-257 and related mapping error on APN 184-110-28 corrected by adoption of Ordinance No. 4504 and Resolution No. 22-085 in April 2022.                     

 

 

Summary of Request

In 2009 and 2010, the Board of Supervisors certified the Garden's Gate Subdivision Final Environmental Impact Report ("EIR") including a Statement of Overriding Considerations and Mitigation Monitoring & Reporting Program and approved a 197-lot Vesting Tentative Subdivision Map for the Garden's Gate Subdivision. The Board also approved a Development Agreement that vests the approvals for the Garden's Gate Project through August 27, 2025.

 

Subsequently, the project site was acquired by Rancho Yokayo, L.P., and the Development Agreement was assumed by the new owner. Rancho Yokayo, L.P. and the project Applicant (Guillon Inc.) have filed applications requesting a subdivision modification to change the layout and reduce the number of lots and to modify the Phasing Plan, to amend the Development Agreement and the Inclusionary Housing Plan and to modify the incentives and concessions that were granted under State Density Bonus Laws. The current project is renamed the "Bella Vista Subdivision" and is referred to as the "Modified Project" in this summary. The following table summarizes the modifications requested for the Modified Project:

 

 

Project Approvals (Garden's Gate)

Requested Modifications (Bella Vista) 

Acreage

46.1 acres, includes: § 4.48 acres along South State Street is not included in the project § 13.1-acre remainder parcel

48.8 acres, includes:  § 1.68 acres (Lot 4 of Tract 261) is removed from the map.   § Area along South State Street is included in the Modified Project, with the exception of 1.59-acre (68,219 SF) "Parcel A" at northeast corner  § 12.19-acre remainder parcel

Number of residential lots

197 lots § 123 single family lots § 74 townhome lots

171 lots § 132 single family lots § 39 senior lots

Average Lot Size

§ Single-family: 3,774 SF § Townhomes: 2,125 SF

§ Single-family: 6,219 SF § Age-restricted: 4,907 SF

Circulation

Two access points to South State Street: § Roundabout at main entry § Connection via Gobalet Lane (200' north of proposed Roundabout)

Two access points to South State Street: § Roundabout at main entry § New south entry street (600' south of roundabout)

Parks

Total Park area: 2.31 acres § Park A: 0.9 acres § Park B: 1.4 acres

Total Park area: 2.81 acres § Neighborhood Park: 1.99 acres  § Linear Park: 0.58 acres (930 linear feet of multi-use trail) § Cottage Park: 0.24 acre

Phasing Plan

7 phases 

7 phases

Housing types

2,500 SF two-story units- 26 lots 760-1,370 SF one-story units (cottage) - 15 lots 1,400-1,900 SF two-story units (garden court) - 72 lots 944-1,300 SF units (duplex/fourplex) - 74 lots

1,200-2,200 SF one- and two-story units - 132 lots (Traditional Neighborhood) 900-1,400 SF one-story units (cottage) - 39 lots (Senior Neighborhood)

Inclusionary  Housing

36 for-sale units targeted to moderate-income homebuyers

39 senior units (age-restricted) 10% of units in Traditional Neighborhood (13 units) targeted to moderate-income homebuyers

State Density Bonus Law

Reduced minimum lot sizes Reduced setbacks Double frontage lots

Same requested concessions and waivers of development standards, plus: Two private road easements Modification to fence height standards Density bonus for Senior Neighborhood

 

An EIR Addendum was prepared to analyze potential impacts of the Modified Project as compared to the project evaluated in the certified Final EIR. The conclusion of the analysis presented in the EIR Addendum is that the Modified Project would not result in any significant effects not discussed in the Final EIR and that no previously examined significant effects would be substantially more severe than those shown in the Final EIR. The EIR Addendum identifies minor revisions to adopted mitigation measures to address changes in the project and presents additional mitigation measures as identified by the project Applicant, by updated studies, and/or through consultations with resource agencies. The updated mitigation measures are incorporated into an Amended Mitigation Monitoring and Reporting Program.

 

The application also includes a modified Phasing Plan, Density Bonus for the Senior Neighborhood and Reductions in Development Standards for the Traditional Neighborhood per State Density Bonus Law, Design Guidelines Manual, Preliminary Landscape Site Plan and Preliminary Landscape Planting Plan, and Inclusionary Housing Plan.

 

For the Modified Project, the proposed amendment to the Garden's Gate Development Agreement (the "Restated Development Agreement") is the result of negotiations and agreements reached between County staff and the Applicant. An effort was made to keep the structure and intent of the Garden's Gate DA intact while addressing changes in the Modified Project and extending the term of the DA.

 

The Planning Commission conducted a properly noticed public hearing on the applications for the Modified Project on March 9, 2023. The Commission reviewed written and oral staff reports, took testimony, and received into the record all pertinent documents related to S_2020-0001, AP_2022-0034 and DEV_2020-0001. The Commission unanimously approved Resolution No. PC_2023-0002 providing a report and recommendation that the Board of Supervisors adopt an Addendum to the Garden's Gate Final Environmental Impact Report including an additional mitigation measure determined by the Planning Commission to be feasible, approve an Amended Mitigation Monitoring & Reporting Program, approve an Amended Vesting Tentative Map with Conditions, approve Density Bonus and Reductions in Development Standards per State Density Bonus Law, approve Modified Design Guidelines and Preliminary Landscape Site Plan & Planting Plan, approve an Administrative Permit, approve an Inclusionary Housing Plan, and approve a Restated Development Agreement for the Bella Vista Subdivision, including a Modified Phasing Plan and an Inclusionary Housing Agreement.

 

Please see attached staff memorandum, Planning Commission staff report and related materials for additional information.

 

Alternative Action/Motion:

1. Continue action on S_2020-0001, AP_2022-0034 and DEV_2020-0001 and provide direction to staff regarding additional information and analysis or modifications to Resolutions and/or Ordinance. Substantive modifications may require additional review by the Planning Commission.

2. Continue action on S_2020-0001, AP_2022-0034 and DEV_2020-0001 and provide direction to staff to prepare Resolutions for denial of the applications.                     

 

Does This Item Support the General Plan? Yes

 

Strategic Plan Priority Designation: A Thriving Economy

 

Supervisorial District:  District 3

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Adopted

Date: April 11, 2023

Executed Item Type: Resolution   Number: 23-074 Executed Item Type: Resolution   Number: 23-075 Executed Item Type: Ordinance   Number: 4520