RESOURCE MANAGEMENT AGENCY

Hold a Public Hearing; Adopt an Ordinance to approve the First Amendment to the San Juan Oaks Development Agreement. County File Number PLN190013. OWNER / APPLICANT: San Juan Oaks LLC/Scott Fuller.

SBC FILE NUMBER: 790

ORDINANCE NO: 981

The Applicant is requesting to modify the terms of the 2015 Development Agreement by offering to pay the negotiated Community Benefit Fee (CBF) of $5,559,000 “upfront” with a $500,000 enhancement.  The Development Agreement currently allows the developer to phase in this expense over subdivision map phases (over several years) of the project. The County would be free to apply this $6,059,000 of immediate money to the general fund and is not encumbered by a contractual assignment of these potential financial resources. In trade, the applicant is asking to extend the term that development Impact Fees would remain locked in at the rates of the 2014 Impact fee schedule to March 31, 2029.

Presently, the negotiated term of the Development Agreement (DA) locks development impact fees at 2014 rates to March 31, 2023 (4 more years). Following that March 31, 2023 date, without amendment to the Development Agreement, the County would be able to collect the adjusted Impact Fees in place at the time of building permit applications.  The applicant’s requested First Amendment to the DA would extend the “lock term” for the 2014 Impact Fee rates to March 31, 2029, for all commercial and residential construction.

Staff recommends that the Board of Supervisors review the Planning Commission staff report, review the applicant’s materials, take public and land use agency testimony and review the attached Planning Commission Resolution recommending approval of the Ordinance for Board action.

The Planning Commission of the County of San Benito recommends that The Board of Supervisors approve the Draft Ordinance for approval of the First Amendment to the San Juan Oaks Development Agreement, subject to the finding and evidence therein and subject to conditions of approval (Exhibit A and B of the March 20, 2019 Planning Commission Staff Report) and authorize the CAO to execute the First Amendment to Development Agreement.

1.  Adopt Ordinance approving First Amendment to Development Agreement, and authorize the CAO to execute the First Amendment to Development Agreement.