MEETING DATE: 9/28/2021
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: Michael Chambless
AGENDA ITEM PREPARER: Robin Bolster-Grant
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY- M.CHAMBLESS, INTERIM RMA DIRECTOR
Ratification of provisionally approved escrow instructions securing agricultural mitigation fee required by the certified EIR and Conditions of Approval for Subdivision TSM-15-94 (Promontory/Bluffs), and authorize Michael Chambless to approve escrow holdback agreement, subject to County Counsel approval.
SBC FILE NUMBER: 790
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
Subdivision TSM-15-94 (Promontory/The Bluffs at Ridgemark) was approved by the Planning Commission on April 2, 2018, pursuant to an EIR, adopted Mitigation Monitoring and and Reporting Program and Conditions of Approval. The County found that the development of the property requires mitigation for the permanent conversion of 36.4 acres of Important Farmland, which may be satisfied by making an in-lieu payment of $869,755.00 to the San Benito County Agricultural Land Trust.
The developer is in the process of selling the property and seeks a legal determination that no agriclutural mitigation fee is due, based on an alleged mapping error. The developer/seller intends to bring the matter before the County Planning Commission for a determination regarding the mitigation fee requirement.
In the interim, the fee is to be held in escrow until the matter has been resolved. The escrow instructions have been conditionally approved by RMA staff, and require ratification by the Board of Supervisors for final authorization.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
No
CONTRACT NEEDED FOR THIS ITEM:
No
CONTRACT AND RFP HISTORY:
N/A
LAST CONTRACT AMOUNT OR N/A:
N/A
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
N/A
STRATEGIC PLAN GOALS:
BUDGETED:
No
Budget Adjustment Needed: No
Unfunded Mandate (Is this a mandate not funded by the State): No