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Presented on Sept. 15 with a proposed affordable housing plan for the Lands of Lee development, the San Benito County Board of Supervisors postponed a decision on the proposal while expressing doubt about its adequacy.
It was just the latest delay for the project, which has been the subject of multiple rounds of litigation and a court-ordered deadline to make progress on the project by Sept. 10.
Before the board agreed to put off a decision on the project’s affordable housing agreement, Supervisor Kollin Kosmicki, who has been against the project since its inception, said he found that the proposal set up a “dangerous precedent” and created numerous loopholes for renters and the property owner.
Kosmicki and Supervisor Dom Zanger both indicated they felt the property did not meet the county’s affordable housing standards and took issue with how the agreement put decisions on renting out the affordable junior accessory dwelling units (JADUs) and tenant selection at the discretion of the property owner.
“This is not affordable housing at that point,” Kosmicki said. “This is a choice that the property owner can make when they buy this property, whether they want to rent it out.”
Developer Bill Lee, the applicant for Lands of Lee, is required to obtain approval on an affordable housing agreement from the board based on the subdivision plan approved by a split vote of the supervisors on Nov. 26, 2024.
The agreement must include the number of inclusionary units, the level of affordability, location and type of inclusionary units, the timing of construction of the units, the amount of any applicable in-lieu fees, the rental property manager and the restrictions for the JADUs.
San Benito County Director of Planning and Building Services Abraham Prado presented the terms of the agreement, which outlined that eligibility for the units was set at 80% of area median income. The affordable units would be evenly distributed throughout the property and development for the 30 JADUs could not be reserved for the end of construction.
The Lands of Lee development would consist of 141 residential units including 20 duet units and 30 JADUs on a 39.5-acre site.
The JADUs would serve as the sole affordable component of the project. This plan was presented as an alternative to the 15% affordable housing requirement in the county’s inclusionary housing ordinance.
Lands of Lee first came before the San Benito County Planning Commission in 2022. Following a lawsuit by Lee, San Benito County Superior Court visiting judge Thomas Breen put pressure on the county to move forward with the development. Breen indicated he expected the county to make significant progress on the project, including on the affordable housing agreement.
The board agreed on the need for more affordable housing in San Benito County.
“Just as a point of reference,” Prado said, “the 49 apartments next to the IOOF cemetery on Buena Vista, there were 1,100 applications for 49 units.”
Curro encouraged the board to approach the problem from “the eyes also of property owners.” She stated that the county can’t force an owner to take on a renter.
“We know there’s demand. So why are we allowing the property owner to choose who lives there, which would only further complicate delays and vacancies?” Kosmicki said.
The board also expressed concern over how income eligibility would be enforced. County Executive Officer Esperanza Warren agreed, saying that the county can’t rely on the “honor system” for affordable housing. In the affordable housing agreement proposal, the developer is required to cover monitoring costs.
Curro expressed concern “that if we don’t come up with something that the developer and we can agree with, there is a potential that they could go back to that prior project that was denied and bring it back in a litigation.” She added “I’m trying to find a way that it could work.”
Fairview Corners map OK’d
Also on Sept. 15, the supervisors approved a final map for the Fairview Corners development. The board heard a presentation on Phase 2 of the project, which consists of 17 additional units. The plan was initially approved in 2012 for 189 units.
Curro reiterated her opposition to the development, which she said she has held since its origin, noting concerns over traffic impacts and light pollution.
“We are not approving a development,” Kosmicki said. “The development was approved 14 years ago. There are entitlements to this development, which means that as long as the developer is following the development agreement, this is just a ministerial vote that we are required to approve the maps as they go along.”
The BenitoLink Internship Program is a paid, skill-building program that prepares local youth for a professional career. This program is supported by Monterey Peninsula Foundation AT&T Golf Tour and Taylor Farms.
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