Title
HEARING - Planning and Building Department, Planning Division, forwarding the Planning Commission’s recommendation regarding, East Ridge Village submitted by Michael J. McDougall, MGM Properties, a planned community within the Valley View Specific Plan, with the Planning Commission recommending the Board:
1) Find that the 1998 Valley View Specific Plan Environmental Impact Report (EIR) and the 2015 Notice of Exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15182 for the East Ridge Village Tentative Subdivision Map (TM14-1521) continues to be the relevant and adequate environmental analysis to address the impacts of completing the development of the East Ridge Village Project pursuant to California Public Resources Code Section 21166 and CEQA Guidelines Section 15162;
2) Adopt and Authorize the Chair to sign Ordinance 5180 (Attachment B) approving Community Benefit and Development Agreement DA22-0001 between the County of El Dorado and East Ridge Holdings, LLC, El Dorado Land Ventures, LLC, and Valley View Realty Investments, LLC for the Development known as East Ridge Village on the approximately 734 acre site identified as Assessor’s Parcel Numbers 119-390-001 through -075;
3) Enter and Execute Development Agreement DA22-0001 (Attachment C) between the County of El Dorado and East Ridge Holdings, LLC, El Dorado Land Ventures, LLC, and Valley View Realty Investments, LLC, for East Ridge Village, based on the attached Findings;
4) Consider if pay-as-you-go (PAYGo) special tax funds contemplated under the Development Agreement be prioritized to mitigate local road impacts; and
5) Consider an additional term to be added to the proposed Development Agreement similar to the current Carson Creek Development Agreement (DA20-0001) section 3.9 (Attachment J) regarding a regional connector road.
FUNDING: Developer funded.
Body
DISCUSSION/BACKGROUND
The Project includes a request to approve a Community Benefit and Development Agreement for East Ridge Village DA22-0001 (Attachment C), a planned community within the Valley View Specific Plan (VVSP). The East Ridge Village Tentative Subdivision Map (TM14-1521) creates approximately 759 lots consisting of 701 residential lots, 41 landscape lots, 12 roadway lots, 2 recreational park lots, a sewer lift station lot, a water tank lot, and a pump station lot. The current expiration date for the Tentative Subdivision Map is June 11, 2024. The proposed development agreement would extend the life of East Ridge Village Tentative Subdivision Map for 10 years, establishing the new expiration date of June 11, 2034. No changes to the East Ridge Village Tentative Subdivision Map are being proposed and the project would be developed under existing conditions.
Consideration of the request for approval of DA22-0001 is being evaluated by the Board along with the abandonment of the existing Community Facilities District (CFD) No. 2015-1 (East Ridge) (2015 CFD) and formation of a new Community Facilities District 2023-1 (East Ridge) (2023 CFD), through Legistar item 23-1054, which would continue to authorize bonding authority for the purpose of financing in part certain development fees and to advance funds for certain public improvements, including payment of certain fees to prescribed public entities other than the County. The Project will provide County-wide benefits, as more fully detailed in the Development Agreement (DA), including a community benefit fee of $500 per dwelling unit, to be utilized for any purpose benefiting the community, as determined in the sole discretion of the Board of Supervisors. The pay-as-you-go (PAYGo) special tax revenues to the County will be collected for the purpose of improvements to County roadways through the El Dorado County Road Fund.
On February 14, 2023, (File No. 23-0347, Item No. 26), the Board unanimously adopted staff’s recommendation to conceptually approve a 10-year Community Benefit and Development Agreement with East Ridge Holdings (applicant). This recommendation was with the understanding that:
- The final DA will provide assurances that the County will receive a $500 per home community benefit fee; and
- The applicant will assist the County with the formation of a new CFD requiring all excess CFD special taxes are transferred to the County Road Fund.
The Board further directed staff to send the draft 10-year DA to the Planning Commission for review as soon as is practical, directed the County’s Bond Screening Committee to prepare and review the necessary resolutions to amend, revise, and/or replace, as appropriate, the existing CFD with a new CFD, and directed staff to time the Board consideration of the 10-year DA action with the final CFD actions.
On May 11, 2023, (File No. 23-0889, Item No. 3), the Planning Commission (PC) heard the request for the DA22-0001. The PC Staff Report, Staff Report Exhibits, and the Findings have been attached to this item as Attachments E, F, and G, respectively. At the PC hearing, two (2) public comments were received, one from the El Dorado Hills Community Services District (EDHCSD) and the El Dorado Hills Fire Department (Attachment H and I). The EDHCSD letter included a request to add a requirement for the project to be included in the EDHCSD CFD No. 2019-01 which was established after the approval of the East Ridge Village Tentative Subdivision Map (TM14-1521). The Fire Department letter included a request to update the project Fire Safe Plan, a comment on road and driveway standards, and a request for establishment of an additional CFD for fire and emergency services and administration fees. At the PC hearing, the applicant was not amenable to modifying the terms of the DA to incorporate these requests.
After much deliberation on the project timing, project circulation, regional circulation, other associated considerations, and the comments provided by the affected agencies, the PC approved unanimously the recommendation to the Board of Supervisors to: 1) Find that the 1998 VVSP EIR and the 2015 Notice of Exemption under CEQA Guidelines Section 15182 for the East Ridge Village Tentative Subdivision Map (TM14-1521) continues to be the relevant and adequate environmental analysis to address the impacts of completing the development of the East Ridge Village Project pursuant to California Public Resources Code Section 21166 and CEQA Guidelines Section 15162; 2) Enter and execute Development Agreement DA22-0001 between the County of El Dorado and East Ridge Holdings, LLC, El Dorado Land Ventures, LLC, and Valley View Realty Investments, LLC, for East Ridge Village, based on the attached Findings as presented; 3) Staff should meet with the EDH Fire Department and EDH Community Services District and other interested agencies prior to the Board consideration of the Development Agreement (DA) and provide an update; 4) Request that the Board consider if PAYGo funds contemplated under the DA be prioritized to mitigate local road impacts; and 5) Request that the Board consider an additional term to be added to the proposed DA similar to the current Carson Creek DA section 3.9 regarding a regional connector road.
Item three in the PC recommendation is that staff facilitate a meeting with the applicant and EDH Fire Department, EDH Community Services and any other interested agencies prior to bringing the item to the Board. The purpose of this recommendation was to further discuss the requests and concerns of the agencies as noted in the public comments received prior to the Planning Commission Hearing (Attachments H & I). The applicant has had multiple meetings with both agencies. No changes to the DA were requested by the applicant as a result of the discussions. If there are any requested changes occurring prior to the Board hearing, staff will update the Board at that time. These discussions were intended to meet the intent of recommendation three from the Planning Commission, so the Board does not need to consider that PC recommendation.
The request by the PC regarding a regional connector road was intended to require the developer to grant an irrevocable offer of dedication (IOD) at no cost to the County for land that may be needed for a planned regional connector that would generally connect areas east of Latrobe Road to White Rock Road in Sacramento County. This project is in conceptual planning stages and is not in the County's CIP. The applicant does not wish to provide an IOD for a regional connector and has expressed concerns about the conceptual nature of the project at this point. Attachment J of this item includes the language from Section 3.9 of the Carson Creek DA (DA20-0001) as identified in recommendation five above.
The request by the PC regarding use of PAYGo funds was intended to prioritize roadways in the El Dorado Hills area, with roads outside of the area at a lower priority. The PC is recommending that the Board direct that PAYGo funds be prioritized for use on roadways in the El Dorado Hills area.
On June 6, 2023 (File No. 23-1054, Item No. 2), the Board approved Resolution 087-2023 for the formation of the El Dorado County Community Facilities District 2023-1 (East Ridge) and set a public Hearing for July 18, 2023. The Auditor-Controller is bringing the CFD item to the Board, on behalf of Assessment and Community Facilities District Bond Screening Committee, with Legistar item 23-1054 in conjunction with this item.
ALTERNATIVES
The Board may choose not to approve the Development Agreement. The applicant may still develop East Ridge Village under the existing approved Tentative Subdivision Map (TM14-1521) which expires on June 11, 2024. The applicant could finalize a small lot final map prior to that date and extend the tentative map a maximum of 10 years. The project would no longer be required to pay the $500.00 per unit community benefit fee, nor change the CFD PAYGo structure.
The Board may choose to approve the Development Agreement with changes. This could include changes requested by the El Dorado Hills CSD and the El Dorado Hills Fire District.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT/AGENCY INVOLVEMENT
County Counsel and Auditor-Controller
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. However, the Development Agreement includes a community benefit fee of $500 per dwelling unit and pay-as-you-go (PAYGo) special tax revenues to the County beginning in the first year a special tax is levied in the 2023 CFD for the purposes of County roadways subject to improvement through the El Dorado County Road Fund. The Community Benefit Fee is expected to generate $350,500 based on 701 residential units.
CLERK OF THE BOARD FOLLW UP ACTIONS
1) Clerk to obtain Chair’s signature on the original copy of the Ordinance;
2) Clerk to forward one (1) fully executed copy of Ordinance to the Planning and Building Department, Planning Services, attention Chris Smith;
3) Clerk to fill in the blank lines of the Development Agreement with the date of adoption and Ordinance number;
4) Clerk to obtain Chair’s signature on the original copy of Development Agreement DA22-0001; and
4) Clerk to forward one (1) fully executed copy of Development Agreement DA22-0001 to the Planning and Building Department, Planning Services, attention Chris Smith.
STRATEGIC PLAN COMPONENT
Good Governance - Approach large, complex and/or system wide matters as one organization - Departments will collaborate on projects and efforts that have cross- departmental impacts.
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department