Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

VACANT

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

 

Bob Tiffany

District No. 4
Vice-Chair

Bea Gonzales

District No. 5
Chair


Item Number: 27.



MEETING DATE:  11/23/2021

DEPARTMENT:
RESOURCE MANAGEMENT AGENCY

DEPT HEAD/DIRECTOR: Michael Chambless, Interim RMA Director

AGENDA ITEM PREPARER: Michael Kelly, Associate Planner

SBC DEPT FILE NUMBER: 790

SUBJECT:

RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR 

Approve a conservation easement deed as satisfaction of an environmental mitigation condition of approval following Planning Commission approval of County Planning file PLN190063, the Zink 3030 Lemmon Court minor subdivision/tentative parcel map.

SBC FILE NUMBER: 790



AGENDA SECTION:

CONSENT AGENDA

BACKGROUND/SUMMARY:

The County Planning Commission adopted Resolution 2020-09 on July 15, 2020, to approve the Zink 3030 Lemmon Court tentative parcel map (minor subdivision), or County Planning file PLN190063.  The project proposed to divide the subject property into four lots in two phases, with the first parcel map dividing the property in two.  The resolution included conditions of approval including environmental mitigation measures.  One, Mitigation Measure BIO-5, required that a 1.45-acre conservation easement be recorded on the project site prior to recording the first parcel map for the project.

The project applicant has submitted a conservation easement deed.  Staff finds that the deed’s content satisfies Mitigation Measure BIO-5 and that the deed’s recordation would complete this one component of the applicant’s compliance with conditions of project approval.  The applicant would still be required to submit further conditions-compliance documentation for Planning review.

For reference, the following is the Mitigation Measure BIO-5 text that the easement deed recordation would satisfy:

The applicant shall dedicate a 1.45-acre conservation easement, in perpetuity, on the northeastern portion of the property to protect resources adjacent to Santa Ana Creek. The conservation easement shall be subject to review of the RMA Director prior to recording the first Final Map.

•    Compliance Method:  Indication of said easement on maps submitted for establishment of Phase 1 Lots 1 and 2

•    Verification Timing:  Prior to recordation of said maps

•    Responsible Party:  Project sponsor

 

This project involved a site that, in the review of its now-approved minor subdivision, had wildlife-habitat qualities that the environmental document under CEQA found to be mitigated by establishing an easement across the site’s more sensitive area.  The requested action at this time is a follow-up action to the decision that the Planning Commission made on July 15, 2020.  Project materials from that meeting date can be viewed here.



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:

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:

0.00

STAFF RECOMMENDATION:

Staff respectfully recommends that the Board accept the conservation easement deed and direct the Interim Director of the Resource Management Agency to sign the easement deed.



BOARD ACTION RESULTS:

Approved conservation easement per staff recommendation. (4/1 vote, No - Kosmicki)
ATTACHMENTS:
DescriptionUpload DateType
Conservation Easement Deed10/26/2021Grant Deed