PLN190063 (3030 Lemmon Court Minor Subdivision):  OWNER/APPLICANT:  Cary J. Zink.  LOCATION:  3030 Lemmon Court, one quarter mile north of the Santa Ana Road–Fairview Road intersection.  APN:  025-530-001.  REQUEST:  A four-lot subdivision to be considered in in two phases, the first splitting the current 6.24-acre lot into a 3-acre lot and a 3.24-acre lot, the second phase separating the first phase’s 3-acre lot into three one-acre residential lots and maintaining the first phase’s 3.24-acre lot, including a 1.45-acre open space/conservation easement on its northeastern corner.  The second phase would be contingent on the County of San Benito adopting a Local Agency Onsite Wastewater Treatment Systems Management Program (LAMP).  Related utility systems, drainage features, and access would also be established for the new lots.  GENERAL PLAN DESIGNATION:  Residential Rural (RR).  ZONING DISTRICT:  Rural Residential (RR).  ENVIRONMENTAL REVIEW:  Initial Study/Mitigated Negative Declaration under State CEQA Guidelines §15070 et seq.  PLANNER: Michael Kelly (mkelly@cosb.us)

The project proposes a four-lot subdivision, ultimately resulting in three one-acre lots and a 3.24-acre lot.  The subdivision would be considered  in two phases, the first splitting the current 6.24-acre lot into a 3-acre lot and a 3.24-acre lot, the latter with the site’s existing residence and barn and utilities.  The second would separate the first phase’s 3-acre lot into three one-acre residential lots (Lots 1, 2, and 3) with septic systems.  The 3.24-acre lot of the first phase would be maintained in the second phase and would also feature a 1.45-acre open space/conservation easement on the northeastern corner.  A 30-foot access easement would straddle Lots 2 and 3 to provide new access to Lot 4.  Associated utilities and detention ponds would be installed.

The subdivision’s second phase is contingent on the County of San Benito adopting a Local Agency Onsite Wastewater Treatment Systems Management Program (LAMP).  As proposed, only the first phase and its one-to-two lot split would occur prior to LAMP adoption.  Additional lots of the second phase would not be recorded until the LAMP is adopted and permits the additional density of lots.  The LAMP, prepared by the County of San Benito Human Health Services Environmental Health Division, would permit the County its own oversight of onsite wastewater treatment systems (OWTS).  Currently these systems are subject to the State Water Resource Control Board (SWRCB) OWTS Policy, which limits the proposed land use to the density of the subdivision’s first phase.  (This is further discussed in the Staff Analysis section.)

The project’s 1.45-acre open space/conservation easement at the property’s northeastern corner is among five mitigations measures for wildlife preservation as proposed in the project’s Initial Study/Mitigated Negative Declaration (IS/MND).  The Lemmon Acres subdivision’s approval in 1994 created the current proposal’s subject property and established biotic mitigation addressing habitat conditions at that time.  Following the 1994 approval, a subdivision map with habitat protection measures was recorded and the subdivision was built out, but the habitat measures were not implemented.  The current project includes biotic mitigation measures, including the easement, to address current habitat conditions on the site.

Staff recommends that the Planning Commission review the staff report, hold a public hearing, and hear any proponents and opponents of the proposed project.  Staff further recommends that the Planning Commission adopt the attached resolution to approve the minor subdivision and tentative parcel map under County Planning file PLN190063 subject to the findings and conditions of approval included within the resolution.