Title
Planning and Building Department, Planning Services Division, Long Range Planning Unit, recommending the Board:
1) Approve and authorize the Chair to sign Amendment I to Agreement 5912 with Mintier Harnish to assist with creating custom design standards and guidelines in the County’s Community Regions (Shingle Springs, El Dorado/Diamond Springs, Cameron Park, and El Dorado Hills) for new Commercial, Mixed-Use, and Multi-Family Residential Design Standards for communities identified in the County’s General Plan Policy 2.1.1.1, extending the term of the agreement by 6 months with a new expiration date of August 1, 2025, with no changes in the agreement amount of $306,615 or the scope of work; and
2) Authorize the Purchasing Agent, to execute any further documents determined necessary related to Agreement 5912, including amendments which do not increase the amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: Discretionary Transient Occupancy Tax 26%, Affordable Housing Trust Fund 19%, General Fund 55%.
Body
DISCUSSION / BACKGROUND
Work began on the design standards under this original contract in February 2022. Portions of component 1 were completed including Subtask 1.1.1 Kickoff Meeting and Shingle Springs Tour, and Subtask 1.1.2 Existing and Draft Document/Ordinance Review and County Reconnaissance. Additionally, Subtask 1.2.1 Create Revised Draft of the Shingle Springs Design Standards had begun. The Consultant did extensive work on a preliminary draft of the Shingle Springs Community Design Standards, as originally scoped, however the subtask was not completed.
AB 2011 and SB 6 passed in late 2022 and went into effect July 1, 2023. This new housing legislation caused a pause in the work to evaluate how it affected the scope of the project. AB 2011 allows for ministerial, by-right approval for affordable housing on commercially zoned lands, and also allows such approvals for mixed-income housing along commercial corridors. SB 6 does not provide a ministerial approval pathway for projects but does allow residential uses on commercially zoned properties without requiring a rezone.
As a result of the new state housing laws, a qualifying multifamily housing development is allowed on all commercial-zoned parcels. Further, under the provisions of the new legislation, such affordable housing projects must be allowed as a ministerial (“by-right”) use with no local design oversight unless a local agency has adopted objective (measurable) design standards applying to such projects.
On December 3, 2024 (Legistar file 24-1961), the Board adopted Interim Objective Design Standards and Interim Design Standards and Guidelines. These interim standards and guidelines were developed by staff based on previous work the consultant had completed. The next phase involves developing permanent Objective Design Standards and Guidelines for all Community Regions and Rural Centers, necessitating continued collaboration with Mintier Harnish. The work completed on the Interim Standards and Guidelines has provided critical insights into the County’s specific needs for the remaining tasks, allowing for a more focused and efficient approach. This amendment will enable staff and the consultant to refine the scope of work, prepare a revised contract amendment for Board consideration, and update cost estimates to successfully complete the permanent Objective Design Standards and Guidelines for all Community Regions and Rural Centers.
ALTERNATIVES
The Board may choose not to approve the proposed Agreement. This would result in delays to this project as well as other subsequent community design related projects detailed in the LRP Work Plan previously approved by the Board.
PRIOR BOARD ACTION
On December 5, 2017 (Legistar file 13-0561), the Board directed staff to develop and return with a proposed scope of work to create custom design guidelines/standards for commercial/multi-family residential development in the communities identified in General Plan Policy 2.1.1.1. prior to issuance of a Request for Proposal.
On July 17, 2018 (Legistar file 18-0984), the Board directed Planning and Building Staff to proceed with issuance of a Request for Proposals for Community Design Guidelines/Standards.
On December 4, 2018 (Legistar file 18-1834), the Board approved and endorsed a proposal from the De Novo Planning Group and authorized the Planning and Building Department to negotiate a three (3) year Agreement with a not-to-exceed amount of $250,000 to assist in Community Planning efforts in Shingle Springs, Cameron Park, Diamond Springs/El Dorado, and El Dorado Hills.
On March 17, 2020 (Legistar file 20-0326), the Board approved and endorsed the Planning and Building Department, Long Range Planning (LRP), Project Prioritization Matrix for Fiscal Year (FY) 2020-21, which included the Commercial/Multi-Family Residential Design Standards project. As part of this item, the Board provided direction to staff under the Commercial/Multi-Family Residential Design Standards project to create custom design guidelines/standards for new commercial/multi-family development communities identified in County’s General Plan Policy 2.1.1.1 (Cameron Park, El Dorado/Diamond Springs, El Dorado Hills, and Shingle Springs). The Commercial/Multi-Family Residential Design Standards project has been included on the following subsequent LRP Work Plans: 4/13/2021, Legistar file 21-0502; 6/28/2022, Legistar file 22-1101; 6/13/23, Legistar file 23-1059.
On February 1, 2022 (Legistar file 22-0093), the Board approved Agreement 5912 with Mintier Harnish to assist the County with creating custom design guidelines/standards for new Commercial/Multi-Family Residential Design Standards for communities identified in General Plan Policy 2.1.11 with a not-to-exceed amount of $306,615, and a term of three years upon execution.
On July 23, 2024 (Legistar file 24-1158), the Board directed staff to pause the amendment process to the Agreement with Mintier Harnish and focus all staff energies on developing Countywide Interim Design Standards for new Commercial, Horizontal Mixed-Use and Multi-Family Residential projects to be adopted by December 2024 and after adoption of the Countywide Interim Design Standards, bring back a revised contract for an amended scope or work that will, in phases, build on and customize the adopted Countywide Interim Design Standards for Custom Design Standards for the County’s Community Regions (Shingle Springs, Diamond Springs/El Dorado, Cameron Park and El Dorado Hills) and Rural Centers for new Commercial, Mixed-Use and Multi-Family Residential projects by March 2025.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for this project has been included in the FY 2024-25 Approved Budget. Funding for services beyond FY 2024-25, will be included in subsequent budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of Amendment I; and
2) The Clerk of the Board will return one (1) fully executed original Amendment I to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department