Merced tentatively approves farming, despite protests

The City Council took the unusual step Monday of approving what amounts to a tentative zoning change before the developer presented his plans to the city’s Planning Commission.

The council voted 4-2 to allow developer Greg Hostetler to use a portion of the north Merced development Bellevue Ranch West as agricultural land, if he meets environmental and other requirements. The property had been planned for residential development.

The council also decided to require that the developer return to the council for a final look at his plans and vote. Councilman Noah Lor was absent from the meeting.

Mayor Stan Thurston, who voted against the approval, said the council needed to hear from people living in Bellevue Ranch West before taking any stance on agricultural use. The development is partially complete, with homes built on the eastern and southern parts of the roughly 486-acre space.

Thurston argued that the council’s approval would send a message to the Planning Commission to green light the land use without objective scrutiny.

“I’m not against the project, because I don’t have any information,” Thurston said. “I am really disturbed by the procedure.”

Under the usual procedure, a developer would complete an environmental study, notify landowners who might be affected and iron out any details before bringing the plan to the Planning Commission. The commission would then decide whether to recommend the project to the council, which would make the final decision.

David Gonzalves, the director of Development Services for Merced, said the change in the procedure was requested by the developer.

Thurston said a change in the procedure didn’t make sense, because the council has not heard from people living in the development and hadn’t seen the environmental study.

“I think this just circumvents the process of being visible and open about what we do,” Thurston said. “The whole thing’s unnecessary. They can get everything they want to do by going through the regular process like everyone else.”

Councilman Michael Belluomini, who cast the other dissenting vote, said approving the land use before the commission gets a look at it is out of the ordinary.

He said he was also afraid of sending the wrong message to residents. “They need to know that when they come before the City Council we are unbiased and have not made a decision,” he said.

The Bellevue Ranch had been farmed for more than 100 years, according to city records, but the crops were supposed to make way for homes after the site was annexed to the city in 1995. But Merced was hit particularly hard during the real estate market crash, and new houses stopped being built.

George Petrulakis, an attorney who works for Hostetler, said he believes the owner can farm the land by right and is going above and beyond what is necessary. “We think it’s a permitted use, but we’re not belaboring that; we’re not arguing about that,” he said. “We asked for a process that was public and transparent.”

Councilman Mike Murphy said the approval Monday allows agricultural use only if the requirements are met, so it wasn’t a rubber stamp. He said by asking that the project return to the council for a final look is not skirting procedure. “I think we’re going through the process,” he said. “In fact, it’s even a more robust process.”

This isn’t the first time that the council and Hostetler have butted heads over this property. In March, the developer’s firm, Baxter Ranches, agreed to restore areas in the development along Fahrens Creek, where experts said someone did work that increased the threat of flooding.

Along with restoring the east side of Fahrens Creek to the way it was in 2006, Baxter Ranches agreed to pay for an aerial radar assessment that could cost as much as $100,000. The City Council unanimously approved the agreement to restore the site.

This story was originally published December 16, 2014 at 7:56 PM with the headline "Merced tentatively approves farming, despite protests."