To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Time Certain Matter
Vote Requirement: Majority
SUBJECT:
title
10:15 AM - Adopt a Development Agreement for the North McKay Ranch Subdivision Project, APNs: 017-032-003, 017-071-004, 017-071-009, 017-072-002, 017-072-003, 017-073-007, 017-073-009 and 303-012-020 Record No.: PLN-9902-GPA
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt Ordinance (Attachment 1) approving a Development Agreement for the North McKay Ranch Subdivision in the Cutten Area (PLN-9902-GPA).
Body
SOURCE OF FUNDING:
Applicant fees
DISCUSSION:
On March 7, 2023, your Board held a public hearing on the North McKay Ranch General Plan Amendment, Zone Reclassification, Tentative Subdivision Map, Planned Unit Development, Development Agreement, and Special Permit and unanimously made findings in support of the Environmental Impact Report (EIR) and the project, certified the EIR, and approved the project (5-0). The Board also took action to Introduce the Ordinance Approving the Development Agreement and to set it for adoption at a subsequent meeting of the Board of Supervisors.
The applicant desires that the county proceed with action on the Development Agreement which outlines mutual and respective obligations between the developer and the county. Section 65864 et seq. of the California Government Code, Planning and Zoning, allows for development agreements for this purpose. All development will comply with the Eureka Community Plan requirements and development standards.
Development agreements are contracts negotiated between project applicants and public agencies that govern allowable land uses for development consistent with zoning and land use policies. These agreements are intended to serve as a tool to strengthen a community’s commitment to comprehensive land use planning. The use of development agreements can provide the county with public benefits by requiring the developer to provide certain public improvements and benefits that would not otherwise be obtained through applicable development approval processes. The development agreement provides a developer with greater certainty in the development approval process by vesting certain development rights.
In return for recognizing certain vested rights and avoiding future conflicting enactments for a period of 20 years that would limit or reduce density, expand developers’ obligations, alter the development standards for roads and improvements, among other terms, the developer provides certain assets to the community. The McKay Ranch developer has committed to specific public benefits. These include: (1) approximately 22 acres to remain as undeveloped open space that would be dedicated to the county for future trail management or conveyed in fee; (2) the placement of an off-site water storage tank that would be dedicated to and managed by the Humboldt Community Services District (HCSD); (3) adding to the supply of both multi-family and single-family housing in the county including 18 dedicated long-term affordable owner-occupied single family homes; (4) retail and office commercial space in close proximity; (5) at least 25 bicycle storage racks, four bicycle lockers, a transit stop; and (6) other improvements and dedications described in the conditions of approval. In exchange the development rights of this approval are vested for the 20-year life of this agreement.
FINANCIAL IMPACT:
There will be no impact on the General Fund. The applicant is responsible for paying all actual costs involved.
STAFFING IMPACT:
Staff time related to implementation of the Development Agreement can be accomplished with current staff resources. The applicant is responsible for paying all actual costs of staff time.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework priority of supporting business, workforce development and creation of private-sector jobs and housing.
OTHER AGENCY INVOLVEMENT:
The Development Agreement was reviewed by County Counsel and Department of Public Works.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Board discretion
ATTACHMENTS:
1. Attachment 1 - Ordinance Approving the Development Agreement between Kramer Properties Inc. and the County of Humboldt
2. Exhibit A - Development Agreement by and Between the County of Humboldt and Kramer Properties, Inc. Relating to the North McKay Subdivision Project, with exhibits as follows:
3. Exhibit B - Project Location Map, Exhibit C - Subdivision Map, and Exhibit D - Legal Description
4. Exhibit E-1 - Resolution No. 22-35 Adopting Findings and Certifying the Project Environmental Impact Report and Adoption of Statements of Overriding Considerations
5. Exhibit E-2 - Resolution No. 22-36 Adopting Findings and Approving a General Plan Amendment for the Project
6. Exhibit E-3 - Resolution No. 22-37 Reclassifying the Zoning of Property Within the Project
7. Exhibit E-4 - Resolution No. 22-38 Approving the Tentative Subdivision Map, the Planned Unit Development, and the Special Permit for the Project
8. Exhibit E-5 - Ordinance No. 2709 Project Zone Reclassification
9. Exhibit F - Eureka CPA Zoning Map
PREVIOUS ACTION/REFERRAL:
Meeting of: April 16, 2019, March 8, 2022, March 22, 2022, February 3, 2022, January 6, 2022, March 22, 2022, March 7, 2023
File No.: 19-473, 22-267, 22-306, 9902DA, 9902