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Adopt a revised Mitigation Monitoring and Reporting Program for the adopted Middle Green Valley Specific Plan updated in 2016
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors adopt a revised Mitigation Monitoring and Reporting Program (MMRP) for the adopted Middle Green Valley Specific Plan updated in 2016, pursuant to the Settlement Agreement between the parties in the related litigation.
SUMMARY:
The Middle Green Valley Specific Plan and related approval documents allow for the development of up to 400 residential units and some neighborhood commercial uses in the area north of the Fairfield city limits near Green Valley and Mason Roads. The Plan has been the subject of two rounds of litigation between the County and the Upper Green Valley Homeowners (UGH) over the course of the last seven years. In order to expedite the completion of the litigation process, the parties have been working to come to terms on a Settlement Agreement. On March 30, 2017, the County and UGH entered into a Settlement Agreement to resolve the remaining issues in the Middle Green Valley Specific Plan litigation. The Green Valley Agricultural Conservancy (GVAC) and the Middle Green Valley Landowners are also parties to the Settlement Agreement. The Agreement was provided to the court at its April 12, 2017 hearing, and the court released the Writ of Mandate and dismissed the lawsuit. Among the County’s obligations is a requirement to revise its MMRP, consistent with provisions of Attachment B to the Agreement, within 90 days of the date of the Settlement Agreement.
FINANCIAL IMPACT:
The executed Master Development Agreement provides that costs related to the preparation and development of the Specific Plan, and its related documents, will be reimbursed to the County with the issuance of building permits for new dwellings in the Plan area as it builds out. Costs associated with drafting and executing the Settlement Agreement will be accounted for in the final reimbursement amount.
DISCUSSION:
The Middle Green Valley Specific Plan was originally adopted in July 2010. In response to litigation from UGH, the Plan and its EIR have been updated twice (November 25, 2014 and October 25, 2016) to provide greater water supply and biological impact analysis. In order to expedite the completion of the litigation process, a Settlement Agreement has been entered into by the County, UGH, the GVAC, and the associated landowners (Attachment A). The following provides a summary of key points in the Agreement.
UGH
Members of UGH agreed to file a response with the Court to support the County’s request to discharge the Writ of Mandate and further agreed not to pursue additional litigation against the County relating to any future permit issuance or entitlements in the Middle Green Valley Specific Plan area.
GVAC
The Conservancy agreed to conduct and fund creek restoration activity, as detailed in the Agreement and identified as the Green Valley Creek Restoration Project (GVCRP). The Conservancy also agreed to provide information on its website relating to the wildlife in the area and to provide additional signage, educating the public of special status species found in the area and of any pertinent GVAC activities.
Landowners
The Middle Green Valley landowners agreed to cooperate with both the County and the GVAC with the preparation and implementation of the GVCRP and the proposed signage, described above.
Solano County
The County agreed to pay UGH’s attorney fees in the amount of $50,000.
The County agreed to make certain revisions to its MMRP, as shown in Attachment B. Notable revisions are described as follows:
- Project level discretionary applications must comply with the International Dark-Sky Association Model Lighting Ordinance (June 15, 2011), which serves to minimize glare and “sky glow” from new outdoor area lighting.
- Clarification that Hennessy and Green Valley Creeks will ultimately be protected by conservation easement.
- Clarification that certain invasive plant species will be discouraged.
- Notations that Steelhead are present in Green Valley Creek and that some people have reported observations of Chinook Salmon, though presence of the salmon have not been confirmed.
- Ensurance that the County will provide monitoring of Green Valley Creek, consistent with the restoration project.
- Clarification in various areas to show that permit issuance and review of habitat areas will be conducted in consultation with pertinent federal, state, and regional agencies.
The only item for consideration before the Board at this time is the revised MMRP. The Board is requested to adopt the attached revised MMRP, consistent with the terms of the Settlement Agreement.
ALTERNATIVES:
The Board could choose not to adopt the revisions to the MMRP. This is not recommended because this would be inconsistent with the agreed upon terms of the Settlement Agreement.
OTHER AGENCY INVOLVEMENT:
The County Administrator and County Counsel have reviewed this item and concur with the recommendations.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION