North Study Area, Seeno, Seeno property

Seeno invokes ‘builder’s remedy’ to force Benicia’s hand on major housing project, but the city is pushing back

March 20, 2024

The battle over urban development and housing policy has escalated in Benicia, exposing tensions between developers, local governance, community sentiment, and the state as Sacramento works to increase California’s housing stock.

The proposed Rose Estates project, shared by the City of Benicia in the Facebook post pictured above and an official City webpage, could turn more than 527 acres of the former Benicia Business Park into a new community. With 1,080 new homes, 20 percent of which could be allocated for lower-income families, and 250,000 square feet of new commercial space, the company proposing the development touted it as Benicia’s most “expeditious” path to meeting its housing obligations.

But before the City deemed that application complete, the Seeno-owned West Coast Home Builders, LLC (WCHB; hereafter referred to simply as”Seeno”), raised the stakes on March 12 by submitting an updated application under the provisions of the “builder’s remedy,” drawing scrutiny from Benicia city officials and residents alike.

Seeno in Benicia

The genesis for the proposed development in Benicia’s former business park, also known as the North Study Area, reaches back many years. After City staff and leadership held several “visioning” sessions on the area’s future in 2023, Seeno representatives submitted a preliminary housing application for the space on September 15, 2023.

Since then, talks between Benicia and Seeno appear to have soured, culminating in the developer’s apparent decision to submit its “complete” application on March 12 under the provisions of the builder’s remedy, according to the City of Benicia.

The builder’s remedy is a legal mechanism under state housing law that allows developers to bypass local planning regulations for housing projects if a city fails to meet its Regional Housing Needs Allocation (RHNA) targets or pass a state-certified “housing element” that abides by the California Department of Housing and Community Development (HCD)’s allocation requirements. In its March 12, application, Seeno claimed that “Per HCD website [sic], the City did not meet its housing allocation […]. Consequently, the City is subject to the most stringent provisions of various housing laws […] [that] greatly limits local control over housing.”

Benicia City Council Member Kari Birdseye addressed Seeno’s assertion that Benicia was vulnerable to the builder’s remedy in the City’s Facebook post’s comments section, writing that “Our Housing Element has been certified and was before [Seeno’s] latest plan was submitted. The City is now evaluating the application and will be keeping our community updated as public hearings and other milestones happen.”

It is unclear why the City is listed as negligent in fulfilling its obligations on the HCD website when City officials state otherwise. (Benicia’s City Attorney did not respond to requests for clarification at publication time; this post will be updated to include comment if/when it is provided.)

But whether or not Benicia is truly vulnerable to the builder’s remedy, opponents of the project insist that Seeno’s invocation of it represents the developer’s cynical intention to abandon its first application, for a project that would have to abide by Benicia’s zoning and planning rules, to advance a nearly identical project, one that could be unencumbered by those rules.

Other issues

The threat of having to face the builder’s remedy wasn’t the only issue the City took with Seeno’s applications. According to letters issued from Benicia’s Community and Development Department , Seeno failed to complete both its September 15 and March 12 applications, preventing Benicia from lawfully deeming them submitted.

Most glaringly, the City claims that it has been unable to verify who currently owns the Seeno empire and the land in Benicia to be developed due to active litigation. A family dispute over the control and leadership of the Seeno construction and development empire is making its way through the court system, and until the matter of who exactly Seeno belongs to is fully resolved, any application submitted by a Seeno company cannot be considered complete. (Albert Jr. and Thomas Seeno asserted principal ownership of the company in Rose Estates applications.)

A list of the application’s other critical omissions included the absence of a site plan with the project’s proposed heights for residences and square footage for commercial buildings, information about “bonus units and any incentives,” and proof that a portion of the property does not qualify as Wetlands, which would be subject to certain environmental protections.

The City’s has so far issued two responses to the September 15 application. The first was a December 13 letter from Jason Hade, Planning Manager for Benicia’s Community Development Department, that noted the omissions but included a a friendly offer for assistance. After a January 9, 2024 meeting where a Seeno representative apparently asserted the application was, despite the noted omissions, actually complete, Hade responded in a February 29 letter that the omissions were a nonstarter.  He also downgraded his offer of support to advise that Seeno could complete its application through the City’s online permit center.

It is currently unclear what additional impacts to the City’s relationship with Seeno may emerge as a result of the developer’s invocation of the builder’s remedy in its March 19 application. Regardless, as the City considers the threat the builder’s remedy poses in terms of allowing Seeno to bypass local zoning, the Rose Estates project has started to appear as less of a miracle solution to Benicia’s housing allocation issues, and more of a threat to the norms, policies and procedures that have, until now, allowed the city to govern development in its own jurisdiction.

MORE ABOUT SEENO

CONCORD/CONTRA COSTA BACKGROUND:
BENICIA BACKGROUND:
CITIZEN BACKGROUND:
CITY OF BENICIA
City of Benicia North Study Area (Seeno property)

For current information from the City of Benicia, check out their North Study Area web page, https://www.ci.benicia.ca.us/northstudyarea:

California Forever Inc., Flannery Associates, Solano County CA, Solano County Orderly Growth Committee, Solano Together, Travis Air Force Base

Sen. Bill Dodd: California Forever is a forever mistake for the North Bay

This image provided by California Forever shows context of a map of a proposed new community in Solano County, Calif. A company backed by Silicon Valley billionaires that stealthily snapped up more than $800 million dollars worth of rural land for what it has said will be a new utopian green city between San Francisco and Sacramento is now taking the pitch to voters. | SITELAB urban studio / CMG/ California Forever, via AP.

A massive new city near Travis Air Force Base and the Sacramento-San Joaquin Delta is a bad idea.

The Press Democrat, by Sen. Bill Dodd, March 10, 2024
California Senator Bill Dodd, District 3.

Imagine a clandestine group of well-heeled investors descended on your community and quietly began buying up all available open space with secret plans to build a megacity of 400,000 people. You’d be concerned, right?

That’s exactly what’s happening in one North Bay county, where Silicon Valley tech billionaires have amassed more than 50,000 acres of former farmland and are attempting to steamroll a gargantuan housing and commercial project onto locals, bypassing the local vetting process.

There’s no question we need more housing. Our chronic shortage has triggered a supply and demand imbalance, drastically limiting housing options for buyers and renters, and driving up prices for all.

But it must be done right. And the massive development proposed for Solano County near Travis Air Force Base is dead wrong. It serves as a reminder to the rest of the North Bay that we need thoughtful infill development — not more profit-driven sprawl.

We first got wind of the so-called California Forever proposal last year. Journalists revealed that a group of wealthy investors had been behind a stealth campaign to buy up farmland, suing some families to get their way. They hyped a utopian city to be built with little input from locals and without regard for normal planning practices. Total build-out could be close to a half-million people — dwarfing neighboring towns.

Aside from the developers’ lack of transparency, the project has many unresolved problems. For one, it takes away much-needed ag land that helps put food on the table while fueling our economy. The land is still zoned for farming so the developers are trying to bypass planning norms with a ballot measure that asks voters to change the zoning to residential.

Another major issue is the additional traffic caused by a city of 400,000. Currently, the developers have offered no ideas for how to mitigate thousands more car trips each day along the Highway 12 corridor — one of the most dangerous and congested roads in the region. This represents the worst kind of car-oriented development, promising to add to carbon emissions and climate change. Taxpayers across the region could end up footing the bill to clean up the resulting mess, diverting money from other transportation priorities.

But perhaps the most concerning is that the footprint for the megacity would interfere with Travis Air Force Base, which plays key national security role. Military officials say having a new city in the flight path of the base’s strategic airlift and air refueling operations is a nonstarter.

There are many other problems, including the availability of water and effects on the nearby Sacramento-San Joaquin Delta, an environmental and economic gem that must be protected.

With local opposition growing louder, developers have offered varying takes on the original but none provide substantial answers.

I have been skeptical since day one, but reserved my judgment as I gathered more facts. It is now crystal clear to me that this project is bad for the region.

Each day, more and more people are seeing this as the deeply flawed project that it is. Already, Congressmen Mike Thompson and John Garamendi, along with farmers, environmentalists and a host of other elected officials, oppose California Forever.

The bottom line is, we need more housing. But we don’t need it at the expense of what makes the North Bay the best place to live. And we definitely don’t need it forced on us by this secret cabal headed by a former Wall Street trader, who moved to the area recently to try to show he cares. Give me a break. He thinks we’re all a bunch of country bumpkins who don’t know what we have and can’t tell when someone is peddling hot air. [Emph. added by BenIndy.]

Let’s prove him wrong. Let’s send a clear message that we recognize the value of our open spaces and thoughtful planning and stand up against this irresponsible and greed-inspired vision that is nothing but a fool’s paradise.

Bill Dodd, D-Napa, represents the 3rd state Senate District.

Benicia, Benicia CA, Benicia Unified School District, La Migra, Sheri Leigh

Fiestas Primavera / Spring Festival at Benicia City Park, Sat., March 23

Let’s Educate and Celebrate, Not Denigrate

Click the image to enlarge.

Benicia, California – On March 23, 2024, Solano Aids Coalition, in partnership with the Benicia Unified School District, the Benicia Public Library, and Benicia Black Lives Matters, with help and support from a wide host of agencies and local businesses and non-profit groups, are bringing a spectacular cultural event to Benicia. Fiestas Primavera Benicia is a Mexican/Latino and Indigenous celebration of spring. This inclusive and free event will take place at Benicia City Park by the gazebo from 10:30am until 6pm and will be an extravaganza of ceremony, music, dance, art, education, vendors, food, and children’s and teen activities. There will even be a small classic car show and virtual reality trips to the past.

The Solano Aids Coalition has been producing cultural events throughout the county for many years, including the beautiful Dia De Los Muertos Festival, Fiestas Patrias, and Cinco de Mayo. This will be the first of its kind in Benicia, and will host vibrant entertainment, including elaborately costumed Aztec Dancers and Diablos de Oaxacanos, culminating with a Latin pop and jazz band which will get you out of your chair and onto the dance floor.

The children’s activities include catrina face painting, pinata making, clowns or payasos, and an exploration of the Mexican/Latino and Indigenous cultures and their own heritage through educational art projects and displays. Students will have the opportunity to display their artwork and read essays that demonstrate their passion for equity and inclusion. There is even a scholarship for two Benicia juniors and two sophomores for those who submit meaningful essays on history, immigration, and the impacts of racism on our community.

The purpose of this event is to bring education, awareness and celebration of the Mexican/Latino and Indigenous cultures to this community. The population of Benicia includes at least 14% Latino/Hispanic, making it the second largest ethnic group in the City, with another 13.5% of the population reporting to be of mixed race. More than 30% of our population is non-white. Benicia is ready to honor its cultural make-up and heritage through this interactive and inclusive event.

Fiestas Primavera Benicia is born out of the need for more community understanding and acceptance of our cultural make-up and the social and economic benefits of immigrants. Students in Benicia have been sponsoring a game they call, La Migra, which is an unsanctioned chase game modeled after the brutal and tragic capture and return of undocumented immigrants by INS agents. Teens have been playing this racist-based and bullying inducing game for decades, generally during the early spring. It has been the cause of much individual trauma and is a huge public safety concern.

“We need to focus on the benefits that immigrants bring to our country and communities, and not allow our children to grow up believing that immigrants should be sent back to where they belong.” says Mario Saucedo, Director of the Solano Aids Coalition and producer of community wide cultural events. “This country is built by immigrants – in fact, almost everyone in this country has an ancestral history of immigration, whether it was a decade or centuries ago. We really are all one people – the human race. So let’s celebrate – not denigrate – our cultural make-up and our history.”

Solano Aids Coalition and the supporting community of Benicia invite you to attend this amazing event on March 23 in Benicia City Park by the Gazebo. It will be a beautiful and inclusive celebration and eye opening event for all people of all ages.

Climate action, Climate activists, Climate Change, Climate science, Just transition

Join Tomorrow at 7pm: ‘Tools for the Faithful in the ‘Just-Green’ Transition’ Zoom Presentation

[Note from BenIndy: There are many lenses through which we can consider and address our climate crisis; faith is an important one. The Heritage Presbyterian Church’s “Make the World a Better Place” program is hosting a Zoom presentation on Wednesday, March 20, at 7pm, to share tools faith communities can use in these discussions. That said, it’s clear these tools can serve not just the faithful, but also “people of conscience.” To get the Zoom link, you will have to RSVP by emailing betterworldbenicia@gmail.com.]

Make the World a Better Place presents

Climate Crisis: Tools for Faith Communities and People of Faith and Conscience in the “Just Green-Transition”

March 20, 2024, 7 pm on ZOOM

To RSVP and to get the Zoom link please email: betterworldbenicia@ gmail.com

Featuring: Gregory Stevens, Northern California Director, California Interfaith Power and Light (www.interfaithpower.org)

 

The climate has changed. Our planet is heating up. We need a new system. A system based on deep democracy, radical egalitarianism, participatory budgeting, and social justice. Faith communities across the country already embody these ways of being; so how do we make them global?

Now is the time to take action and this event will provide the tools and framework needed to make a “just green-transition” a concrete reality. A “just green transition” refers to the shift towards a more environmentally sustainable economy and society while ensuring that the process is fair and equitable for all stakeholders, especially those who may be disproportionately affected by the transition. This concept recognizes that transitioning to a green economy, which prioritizes renewable energy, resource efficiency, and sustainability, can have social and economic implications.

About Gregory Stevens: Gregory serves as the Northern California Director. As a former Baptist preacher, long time labor organizer, and interfaith community activist they bring a creative mix of skills to our team as we seek to strengthen multi-religious responses to climate change. Gregory grew up in Tampa/St. Petersburg Florida, where their love for crawling critters, furry felines, and old oak trees solidified into political and social activism for planetary healing. They have a BA in Religion and Gender Studies from the University of South Florida, a MDiv from Claremont School of Theology, and a MA in Anthropology from the California Institute of Integral Studies. In their free time they enjoy overstuffed used bookstores, the smell and feel of giant Redwood Trees, watching documentaries about ancient cultures, and all things Unitarian Universalist.

California Interfaith Power & Light
685 14th Street, Oakland CA 94612
(510) 867-2031 | info@interfaithpower.org

To RSVP and to get the Zoom link please email: betterworldbenicia@ gmail.com

 

More about Make the World a Better Place

Monthly educational programs on Zoom focused on social justice topics that can make a better, more peaceful and just world. The good folks at Heritage Presbyterian Church in Benicia plan and present these programs for thoughtful and caring people. Viewpoints expressed in these presentations do not necessarily reflect any position or policy of Heritage Presbyterian Church and no official endorsement should be inferred.

Heritage Presbyterian Church/ The Presbytery of the Redwoods 1400 E. 2nd St., Benicia
(707) 745-6650 | betterworldbenicia@gmail.com
Pat Plant, Better World Organizer

“The one who plants trees, knowing that he will never sit in their shade, has at least started to understand the meaning of life. – Rabindranath Tagore

For safe and healthy communities…