Project passed with a 3-2 vote; Spring and Martinez Beltran dissent

By Robert Airoldi

The Morgan Hill City Council approved the Environmental Impact Report for a new development bordered by Hill Road and Barrett Avenue that will bring 320 homes to the city. The EIR is the first step in allowing the developers to move forward.

The vote was 3-2, with councilmembers Rene Spring and Yvonne Martinez Beltran casting the dissenting votes. Later in the process a planned development was approved 4-1 with Spring voting no. The planned development allows the developers to build alternative lot sizes with a variety of unit types with lot sizes that include one- and two-story single family detached homes, courtyard homes, and multi-family homes.

“After eight years of hard work we got this project approved that will benefit the community,” said Glenda Garcia, who along with her husband Rocke are the developers. They have lived in Morgan Hill for more than 50 years and have built numerous projects in town, including the Third Street Apartments.

“We want to thank the staff for all their hard work,” she added.

Had the council not approved the project, the applicants could have developed the 69.4 acres via Senate Bill 330, otherwise known as the Housing Accountability Act, which prohibits local jurisdictions from enacting new laws that would have the effect of reducing the legal limit on new housing or delay new housing via administrative or other regulatory barriers.

“Under the housing accountability act, we cannot deny projects like this,” City Attorney Don Larkin said. “There’s nothing we can do to prevent this from becoming housing at some point.”

Some of the benefits of going the Planned Development are:

  • A 3,377-square-foot clubhouse at the center of the project that will include a pool that is connected to a proposed park,
  • the dedication of 1.76 acres of land to Jackson Park,
  • four acres of usable common area/neighborhood park open space disbursed through three separate parks,
  • a public trail/pathway from Jackson Park to Hill Road that includes a pedestrian bridge over Tennant Creek that bisects the project,
  • and 16 fewer homes, 320 instead of 336.

The proposed project includes 223 single-family detached (23 of which will include an  accessory dwelling unit, 42, courtyard house, 21 cottage (23 of which will include an  accessory dwelling unit age restricted), and 34 duets (age restricted) for a total of 320.

Instead of building 48 BMR units that would have to be scattered throughout the project seriously impacting the way developers envision New Horizons, they will pay an in-lieu fee of $17.3 million into a fund the city will use to provide low- and extremely- low housing.

Chris Ghione, public works director, said the developers will pay $24 million in various impact fees and about $5 million in property taxes to the county, 10 percent of which the city receives.

Mayor Mark Turner said the land is zoned for housing and at some point housing will be built there.

“We can see 336 or 320,” he said. “If it comes back under SB 330, which the applicants are allowed to do, there will be no public benefit components.”

Most of the residents in the packed council chambers live near the proposed project and were primarily concerned with the traffic impacts the new homes will bring.

Darcy Foster, one of many residents concerned about traffic, said the EIR did not adequately address the impact on traffic.

“It’s too ambitious for the property and should be downsized,” she said.

Rene Spring was concerned that the traffic mitigation measures were not  sufficient.

“I understand we can’t stop this project because it’s zoned residential,” he said. “But staff has not provided sufficient information as to those mitigations. Any such project will have a huge impact. Let’s figure out how to mitigate as much as possible.”

Traffic mitigations imposed on the project include:

  • A roundabout at Hill Road and Barrett Avenue,
  • traffic calming via a traffic circle at the new Barrett entrance to the proposed neighborhood,
  • enhanced circulation by completing Sorrel Way and connecting to Fountain Avenue,
  • introduction of a four-way stop sign or traffic circle at Fountain Oaks Drive and Sorrel Way,
  • and, widening Hill Road to construct a separate westbound left-turn lane onto Fountain Oaks Drive and accommodate a new sidewalk.

In voting against the project, Martinez Beltran asked city staff if there’s anything else the city can do to mitigate traffic issues.

“There is some public benefit going to the developers,” she said. “I’m asking for more mitigation for traffic.”

Rocke Garcia said he and Glenda have been residents of Morgan Hill for more than 50 years.

“We’ve been homebuilders here and we’ve done some great properties,” he said.

He called this New Horizons project a multi-senior-centric generational project.

“As always, we will meet with neighbors,” he said. “It is No. 1 on our list and we’ll work in conjunction with neighbors.”

Marilyn Librers, whose district New Horizons is located, said she believes in the Garcias that they will do what they can to mitigate traffic concerns.

“I am in favor and we have to address the traffic concerns whether this project is built or not,” she said. “We’re lucky we have a developer who wants to build and will listen to our concerns.”