Item Number: 37.
MEETING DATE: 1/25/2022
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: M. Chambless
AGENDA ITEM PREPARER: Arielle Goodspeed
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS
Adopt Resolution Accepting an Agricultural Open Space Easement Deed to be recorded at the San Benito County Recorder's Office as required by condition of approval number 17 in San Benito County Planning Commission Resolution No. 2020-16 regarding County Planning File PLN190035, the Dassel 333 Mission Vineyard Road tentative subdivision map, and making required findings and determinations under the Open-Space Easement Act of 1974.
SBC FILE NUMBER: 790
RESOLUTION NO. 2022-9
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
The County Planning Commission adopted Resolution 2020-16 November 18, 2020, recommending that the Board of Supervisors approve the proposed ordinance zone change map for the subject property from Agricultural Productive (AP) to Agricultural Productive/Planned Unit Development (AP/PUD), the tentative subdivision map subject to the conditions of approval set forth in Resolution 2020-16, and adopt the initial study/mitigated negative declaration and the Mitigation Monitoring and Reporting Program to limit any environmental impacts to a level less than significant. The Board of Supervisors adopted the initial study /mitigated negative declaration and the Mitigation Monitoring and Reporting Program, Ordinance 1015 to change the Zoning Map to AP/PUD, and Resolution 2020-108 on December 15, 2020. The applicant Dassel recommends the acceptance of a 24-acre Agricultural Open Space Easement on a 25-acre parcel located on 012-190-042 and the amendment of the legal description for that easement as included as part of condition of approval number 17. Evidence of the proposed Agricultural Open Space Easement's consistency with the County's General Plan was provided in Planning Commission Resolution 2020-16, Board of Supervisors Resolution 2020-108, and associated staff reports. The Agricultural Open Space Easement will add to the amenities of living in the neighboring urbanized areas and will help preserve the rural character of the area in which the land is located. The land will remain essentially unimproved except for improvement pertaining to the agriculturally productive use of the land and the easement grant enforceably restricts the subject property for agricultural uses allowed in the agricultural productive zoning classification and will help preserve the rural character of the area. No improvement shall be constructed or maintained on the property, except dwelling unit(s) and accessory structures, which shall be in conformance with the zoning rules set forth in the San Benito County Code for the Agricultural Productive Zone not to exceed 1 acre in disturbed area in the immediate vicinity of said units and accessory structures as depicted on the approved tentative subdivision map, other non-occupied farm storage structure(s), improvement(s) specifically including, access roads to the dwelling units and accessory structures, but not limited to, other improvements related to agriculture, as defined in the zoning rules set forth in the San Benito County Code, which dwelling unit(s), accessory structures, non-occupied farm storage structure(s), and/or improvements(s) would not be incompatible with maintaining or preserving the agricultural open space character of the land.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
Yes
CONTRACT NEEDED FOR THIS ITEM:
N/A
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:
N/A
Budget Adjustment Needed: N/A
Unfunded Mandate (Is this a mandate not funded by the State): N/A
SBC BUDGET LINE ITEM NUMBER:
N/A
Source of Funding: N/A
CURRENT FY COST:
N/A
STAFF RECOMMENDATION:
Staff recommends the Board of Supervisors:
1) adopt a Resolution accepting an Agricultural Open Space Easement Deed on 24 acres on a 25-acre parcel located on 012-190-042, and making required findings and determinations under the Open-Space Easement Act of 1974;
2) approve the amendment of the legal description for that easement; and
3) authorize the chair to sign the certification of acceptance and consent to record the grant of easement.
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