Hold a public hearing to consider a recommendation from the Planning Commission to adopt an ordinance to amend the E. Parker Development Agreement for a third term extension until December 31, 2024; and determine the 'common sense' exemption is the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines. (No general fund impact) (Lindbo/Trebec)

The County approved separate Development Agreements (DA) for three residential subdivision projects in Esparto along with approval of each project's Tentative Subdivision Map in 2007 and 2008. The DAs for all three projects, known as the Story, E. Parker, and Orciouli residential subdivisions, each had an original term of 10 years which were extended in 2017 and again in 2019. Since then, two of the projects (Orciouli and Story) have also received approval for revised Development Agreements and Tentative Subdivision Maps and are moving forward to prepare the Final Maps.

The E. Parker residential subdivision project site was purchased in 2019 by the Yocha Dehe Wintun Nation (“Tribe”) from Emerald Homes, the original project proponent. Since that time, the Tribe’s focus has been turned towards the Capay Valley Health and Community Center in Esparto, which is nearly complete. Thus, the Tribe is seeking a third two-year term extension to allow sufficient time to work with the community and solicit feedback on any desired revisions to the project's Tentative Subdivision Map (TSM #4755). 

As currently designed, TSM #4755 consists of 62 low density residential lots on 17 acres of land, located immediately east of the Tuli Mem Park and Aquatic Center between State Route 16 and Lamb Valley Slough. Developer obligations in the DA include:  A) funding for downtown Esparto street improvements; B) the extension of Alpha Street south over Lamb Valley Slough to State Route 16; C) visitability design features for homes; and D) Lamb Valley Slough channel improvements, trails, and a playground.

A Final Map has not yet been prepared for the E. Parker project and no construction has occurred since the initial approval of the Development Agreement and Tentative Subdivision Map No. 4755. Under state law, extending the term of a DA will also extend the life of any corresponding tentative map. The framework and requirements for a DA is set forth in provisions of state law, and the approval and any subsequent amendment, including a term extension, of a DA requires a public hearing before the Planning Commission and Board of Supervisors.

A noticed public hearing was held at the Planning Commission on February 9, 2023. Discussion among the Commissioners at the public hearing included concerns that the DA obligations could be outdated, and that biological and agricultural mitigations have changed since the project’s original approval in 2007. Similar to the Story and Orciouli residential subdivision projects, the E. Parker project will also likely require approval for further amendments to the DA and Tentative Subdivision Map, resulting in future public hearings with the Planning Commission and Board of Supervisors. In an effort to move the project forward, staff concurs with the Planning Commission's unanimous recommendation to approve the two-year term extension of the E. Parker Development Agreement and Tentative Subdivision Map until December 31, 2024.

The Esparto Citizens Advisory Committee reviewed the Tribe's request for a term extension at their meeting on January 17, 2023, and unanimously recommended approval to extend the term of the E. Parker DA until December 31, 2024. The Office of the County Counsel has assisted staff and approved the Ordinance as to form.