LAKEPORT— Conflict over a code enforcement ordinance was resolved at the Board of Supervisors when an amendment was brokered that can save substantial costs to a developer who is planning for rural residential housing along Highway 29 during the BOS meeting September 19.
Laying out the case for the BOS was Eric Porter, county associate planner. Porter explained Scotts Valley Energy Company LLC, wholly owned by the Scotts Valley Tribe had applied for a four-lot land division on which to build nine units of rural residential low-income housing at 7130 Red Hill Rd., Kelseyville June 24, 2022. It was heard by the Planning Commission on May 25, 2023.
The request was made by Appellant, Thomas Jordan, CEO of Scotts Valley Energy Co.
The request was to divide a 34-acre split zone property. The action would create five lots but four lots on 20 acres would
be zoned rural residential and 14 acres would be one lot zoned as highway commercial along HWY 29. The use of land and construction of buildings is provided by a building permit and site plan. But the Planning Commission approved permits with conditions. Those conditions included widening the frontage road that abuts county property as well as putting in curbs, gutters, sidewalks and additional pavement.
Yet Jordan began his explanation by informing the BOS that if he had known the conditions required by the Planning Commission, he would have addressed the Planning Commission to remove the last condition. “I was not aware until after the Planning Commission took action and was informed by the county staff,” he said. “I don’t know how I missed the circumstances, but I came to the conclusion that this particular condition was as onerous as Mr. Porter said,” maintained Jordan.
He further explained that the surveyor’s map Scotts Valley Energy Co. prepared for subdivision process claims what he believes, that the road the county defines as an arterial road which will need widening from the centerline by considerable distance was made in accordance with other improvements mentioned above. Not only would the road on Scotts Valley Energy Co. side of the road need widening but the opposite side as well and Jordan was uncertain who would be responsible for that roadway improvement but it would comprise about 31,000 square feet and even if assuming costs would be $10 per square foot, it would add $331,000 on their property to produce nine additional units. “That’s another $331,000 for a contractor to get out there and consider what the total cost would be,” he said. “That would be onerous when you add that to the cost of the design and the building of the units. That’s not acceptable if you look at the Red Hill Rd. development and the comparability (of similar developments).”
Jordan then cited an example of another development nearby on HWY 29. “There are zero homes and no special design requiring increased costs to expand the public right-of-way ¾ of a mile south of our Red Hill Rd. property just off Red Hill Rd. There’s a huge event center with offices that generate tremendous traffic. But they have no requirements on their property to roadway widening at a two-lane arterial road,” he said. “I think it is unfair,” he said. “I ask the board that the appeal should be upheld and not require us to renovate a public right-of-way.”
But Scot DeLeon, county public works director informed Jordan some clarification was required. The property near his he referenced, is on an arterial road that does not include curb, gutter and sidewalks. And, the property down the road was not subjected to subdivision standards. “In my email staff report, I gave copies of a county ordinance required for a county arterial road that abuts county property and if subdivided the ordinance requires half-width improvements be performed
on the frontage.”
DeLeon also pointed out that the county road commissioner needs to declare the intended developed property will not have
any impact. “My position has always been the development of property and inclusion of nine units, is not insignificant,” said DeLeon. “Therefore, I do not support the deferral, with respect to Mr. Jordan not knowing the conditions. There were recommendations from the beginning. Caltrans price for new construction without a bid on the project is difficult to know.”
Mireya Turner, county code director submitted that if the BOS was amenable, she had worked out a possible amendment. She suggested that prior to recording a final map Scotts Valley Energy Co. shall submit payment to the Dept. of Public Works for widening the half-width of Red Hill Rd. improvements to conform to the construction required for the improvements by the ordinance. “Or Scotts Valley Energy Co. can complete the road improvements prior to the recording of the final map,” she said. “Maps can be recorded upon satisfaction of all changes of approval. So, if we amend the condition of approval, the property owners (Scotts Valley) area of responsibility will satisfy the conditions. A board motion on advice of county counsel was made to grant an appeal in part, and then modify the permit based on amendments by County Code Director Turner. The board voted 4-0 for the foregoing with Supervisor Crandle recusing himself.
