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Conduct a noticed public hearing to consider the following three applications of Bill Morgan, regarding a 310.5-acre property located at the southwest corner of Cantelow and Gibson Canyon Road, within the unincorporated portion of Vacaville, APN: 105-110-070, 100, 440, 450; 105-160-130; 105-170-150, 010 (Application No.: GP-18-01, Z-18-01 and S-18-02): 1) Amend the General Plan land use designations on portions of the subject property from Specific Project Area to Agriculture and Rural Residential, and Rural Residential to Agriculture; 2) Rezone portions of the subject property from Exclusive Agricultural 20-acre minimum (A-20) to Rural Residential 2.5-acre minimum (RR-2.5), Rural Residential 5-acre minimum (RR-5), and Rural Residential 10-acre minimum (RR-10); and 3) Subdivide the subject property into 19 lots (Development is proposed in three (3) phases and the project is known as the Lands of Morgan Subdivision); and Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
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Published Notice Required? Yes _X_ No _ _
Public Hearing Required? Yes _X_ No _ _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Waive the reading of the Rezone Ordinance;
2. Conduct a noticed public hearing to consider approving the following applications:
A. General Plan Amendment Application No. GP-18-01 amending the General Plan land use designations on a portion of the subject property from Specific Project Area and Rural Residential to Agriculture and Rural Residential 1-10 acres per dwelling unit subject to the findings in the attached Resolution;
B. Rezone Petition Application No. Z-18-01 rezoning portions of the subject property from Exclusive Agricultural 20-acre minimum (A-20) to Rural Residential 2.5-acre minimum (RR-2.5), Rural Residential 5-acre minimum (RR-5), and Rural Residential 10-acre minimum (RR-10) subject to attached Ordinance; and
C. Tentative Subdivision Map Application No. S-18-02 to divide 310.5 acres into 19 lots, subject to the findings and conditions of approval in the attached resolution; and
3. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
SUMMARY:
The Lands of Morgan project is a proposed 19-lot rural residential subdivision in the English Hills community, on property known as Pippo Ranch. The 310.5-acre project proposes a mix of lot sizes that range between 2.9 - 35.6 acres. More than half of the lots are 20 acres or larger and 1 lot is 2.9 acres in size. The remaining lots are between 6.6 - 11.7 acres in size. The mix of lot sizes and distribution over the property reflects the terrain constraints with the smaller lot sizes over the flatter areas, the 20 acre or larger lots located in areas of steeper terrain and an overall lot layout intended to protect the English Hills Ridgeline by minimizing mass grading and retaining natural landforms. Domestic water supply in a groundwater scarce area is addressed by the provision of public water service by the Rural North Vacaville Water District. The proposal is consistent with the allowable densities of the proposed Agriculture and Rural Residential designations and intent and purpose of the Specific Project Area designation of the 2008 General Plan.
The project is proposed in three phases, Phase 1 is anticipated in August 2020. Timing for Phase 2 and 3 is unknown. Public water service is proposed for all lots except for Lot 3 due to an existing well but conditioned to connect to public water if the pump test fails. Currently, the subdivider owns three water rights and has reserved 16 water rights through an agreement with the Rural North Vacaville Water District which expires August 14, 2020. Final map recordation or sale of lots is conditioned upon evidence of public water right for each lot, infrastructure installation such as public water lines, meters, roadway improvements, fire hydrants, and satisfying environmental mitigation measures, prior to each phase. Home construction, individual sewage disposal and detention ponds will be constructed by each individual lot owner.
The property is part of the highly prominent English Hills Ridgeline and in order to protect the view corridor, siting of future homesites are required to comply with the Hillside and Visually Sensitive Area design guidelines. The project is located within the State Responsibility Area (SRA) for fire safety regulations. Adequate infrastructure for fire suppression and access are proposed. The project is conditioned to meet Fire Safe Regulation improvements.
FINANCIAL IMPACT:
The cost of processing the applications is paid by the applicant. The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2019/20 Adopted Budget.
DISCUSSION:
Background/Setting:
The 310.5-acre property is characterized with rolling hills and steep hillsides. Approximately 184 acres is steep (more than 25% slope). English Creek runs along the north and western portion of the property. Twelve (12) seasonal streams run through the site, and two stock ponds are located on the north side. The property is primarily vegetated with grasslands and mixture of Oak Woodland, Oak Savannah and riparian forest. The Rural North Vacaville Water District water tank is located on the western portion of the site and high voltage PG&E overhead lines traverse the southeastern portion of the property. The property is developed with three residences and outbuildings that are proposed to remain (Lot 11, 12, 13 and 19).
Project Description:
The Lands of Morgan project is a 19 lot, single-family rural residential subdivision on 310.5 acres. The applicant proposes to amend the General Plan land use designations and rezone portions of the property consistent with the proposed zoning and density. The attached table summarizes the proposed project.
Subdivision access will be restricted to the existing driveways, a new driveway off Gibson Canyon road and two new private roads, Turkey Hollow and Gibson Canyon Court paved with double chip seal. The property is located in a groundwater scarce area, Zone A, which reflects the lowest probability of success to develop domestic well water, therefore, public water service by the Rural North Vacaville Water District is proposed and required to ensure adequate domestic water supply. All of the lots except for Lot 3 will be connected to public water service. Lot 3 is proposed to utilize an existing well. Individual sewage disposal systems are proposed to treat wastewater and detention ponds are proposed to treat and detain stormwater runoff, constructed and maintained by the individual homeowners. The submitted Public Water System Plan and the Detention Pond Plans are attached to this report.
The subdivision is proposed in three (3) phases:
• Phase 1 - Total of 4 lots (Lot 11-13 and 19). Lot sizes range between 2.9 -21.5 acres.
• Phase 2 - Total of 10 lots (Lot1-5 and 14-18). Lot sizes range between 6.6 - 21.2 acres; and construction of Gibson Canyon Court, private road.
• Phase 3 - Total of 5 lots. (Lot 6-10). Lot sizes range between 20 - 35.6 acres; and construction of Turkey Hollow Court, private road.
Infrastructure such as roads, culverts, street signs, water lines and meters, and fire hydrants, will be installed per phase prior to each Final Map recordation. The lots will be sold to individuals and homes to be constructed at the individual owner’s pace. Phase 1 is anticipated to be completed by August 2020 and the timeline for Phase 2 and 3 is unknown. The proposed phased development and zoning table is attached to this report.
General Plan Amendment:
The property contains multiple General Plan land use designations consisting of Agriculture, Rural Residential 1-10 acres/dwelling unit (ac/du) and Specific Project Area. The General Plan amendment, specifically, applies to the Specific Project Area (88.53 acres) and the Rural Residential land use designation (18.2 acres). The Specific Project Area is proposed to change to Rural Residential (64.1 acres) and Agriculture (24.43 acres) designations; and the 18.2 acres of Rural Residential land use designation to Agriculture. Two hundred (200.87) acres of Agriculture remain unchanged.
The Specific Project Area designation is a General Plan policy that provides for master planning land use densities and distribution in the context of a specific plan or completion of special plans and studies. The intent is to ensure a comprehensive approach in studying issues such as terrain constraints, water supply and infrastructure issues. The project proposal meets the intent by addressing domestic water supply with a public water service plan; and protects the English Hills Ridgeline views and watershed, by a design that allocates larger lots along the steep terrain and lot layouts that minimize mass grading and conforms to the natural contours. The proposal meets the allowable densities of the Rural Residential and Agriculture land use designations. Approval of the General Plan amendment includes updating the text and tables in the Land Use Chapter. No other General Plan policy conflicts have been identified.
Rezone:
The property is currently zoned Exclusive Agriculture “A-20” and the rezoning petition will establish RR-2.5, RR-5 and RR-10 zoning to allow development of the project as proposed. The project is consistent with the lot size and densities of the proposed zoning. The proposed lot sizes, zoning and densities are summarized in the project description and specifics are listed in the attached Development Phasing Tables. Surrounding developed properties are zoned RR-2.5, RR-5 and A-20, and similar to the rural residential and agricultural zoning of the surrounding properties. The project is compatible with surrounding zoning, and in keeping with the rural character of the community.
Subdivision Regulations (Chapter 26, County Code):
Several tentative map designs were considered during application processing. Earlier versions were less sensitive to existing landforms and included building pads which could result in mass grading along the ridgeline and visual intrusions into the view corridor. Planning staff worked with the applicant in order to achieve a project that is sensitive to natural features and in conformance with Hillside and Visually Sensitive Area design guidelines of the Subdivision Ordinance. The proposed tentative subdivision map satisfies the design guidelines, however, in order to ensure proper siting of future development in this sensitive area, Planning staff recommends that the construction of individual homes comply with Hillside and Visually Sensitive Area design guidelines (Section 26-73) that restrict homesites atop knolls and ridgelines, on slopes less than 25% grade, contouring of graded areas that are sensitive to existing terrain.
Additionally, the site is susceptible to land sliding and approximate locations of debris flow or landslide are shown on the tentative map. Construction downslope of such areas are restricted as recommended by the Geotechnical Report and mitigation measures.
The project meets the standards pertaining access to public roads or approved private roads and minimum buildable area. However, several lots are irregular in shape and exceed the 3:1 lot depth to width ratio. The unusual size and shape of the lots are justified due to the steep terrain and hillside topography of the site.
Street lighting is not proposed for the subdivision. Due to the rural location, street lighting for the subdivision is not necessary and in keeping with the rural character. Section 26-112.5 requires underground utility lines; however, electric power supply lines may be above ground due to the large size lots and underground electrical lines would be unreasonable costly.
The site is located within the State Responsibility Area (SRA) for fire safety and was reviewed by the Vacaville Fire Protection District. The project is consistent with the Fire Safe Regulations in that adequate fire suppression and access requirements are proposed. The project is conditioned to meet Fire Safe Regulation improvement requirements.
Domestic Water Supply: The property is located within a groundwater scarce area, Zone A, the lowest probability of success to develop domestic well water. In order to ensure domestic public water service for future homeowners, public water service by Rural North Vacaville Water District is proposed by the applicant/property owner. The property owner has 1 water right, purchased 2 water rights and reserved 16 water rights from the District through an agreement which will expire August 14, 2020. Evidence of water rights for each lot shall be provided to the Planning Services Division prior to final map recordation of each phase. Well water usage may be allowed on Lot 3, if the existing well passes the pump test. If the water test fails, Lot 3 shall be connected to public water. If public water rights are not secured, the individual lots may not be recorded or sold.
Septic Systems: Site and Soil evaluation reports were submitted for each of the proposed lots and prior site and soil evaluations were prepared for the developed lots. The Environmental Health Services Division is satisfied that alternative septic systems will be required on the undeveloped lots. Compliance with Chapter 6.4 Sewage Standards of the County Code will reduce impacts to a less than significant impacts are anticipated.
Environmental Determination:
The Department of Resource Management completed an Initial Study/Mitigated Negative Declaration for the project which was released for a 30-day review and comment, on December 24, 2019 and ended on January 27, 2020. The Initial Study/Mitigated Negative Declaration concludes that there could be significant adverse environmental impacts in the areas of air quality, biological resources, cultural resources, geology and hazards, hydrology/water quality, water supply, noise, and public services, but mitigation measures are proposed to reduce the impacts to less than significant levels. All mitigation measures, including the monitoring responsibilities, have been incorporated into the project as recommended conditions of approval and in the mitigation monitoring plan. Each of the conditions has been listed under the County divisions and other agencies responsible for their implementation.
Public comments received:
A letter opposing the project was received and expressed concerns regarding density, added traffic and accidents on to Gibson Canyon Road, water supply and preference for Exclusive Agriculture 20-acre or 40-acre zoning only. After discussion, the commenter is satisfied with the project as proposed. Comment letter is attached.
Planning Commission Recommendation:
On February 20, 2020, the Planning Commission reviewed the project and voted unanimously to recommend APPROVAL subject to the findings and conditions of approval contained in the Resolution and to ADOPT the Mitigated Negative Declaration and Mitigation Monitoring Plan. Community concerns expressed at the hearing were relative to slowing down traffic on Cantelow and Gibson Canyon Road, restricting water usage to public water service only
(domestic and agriculture), construction noise and excessive outdoor lighting. Planning Commission minutes are attached this report.
Airport Land Use Commission:
On April 9, 2020, the Airport Land Use Commission reviewed the project and determined that the project is consistent with the Travis Air Force Base Land Use Compatibility Plan.
Public Notice:
The item was duly noticed to the property owners within half (1/2) mile radius of the site and, published in the Daily Republic and Vacaville Reporter 15 days prior to the public meeting, as required by County Code.
ALTERNATIVES:
The Board may choose to deny the applications; however, this is not recommended as multiple alternate designs have been considered, with the current design proposal was deemed by the Planning Commission as best meeting the intent of the General Plan and proposes lot layouts that minimize grading and land form modifications.
OTHER AGENCY INVOLVEMENT:
Rural North Vacaville Water District and Vacaville Fire Protection District were consulted during review of this proposal.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION