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Planning commission approves conditional certificate to formalize 50‑acre remainder parcel on Highway 129
Summary
The commission adopted a resolution recognizing a 50‑acre remainder parcel on State Route 129 as a legal lot (CC240002), with staff saying no development is proposed and that the parcel will be used for land stewardship and native‑plant restoration.
The San Benito County Planning Commission voted 5-0 on April 16 to adopt a resolution granting a conditional certificate of compliance (CC240002) for a 50‑acre remainder parcel on State Route 129 (APN 121029). Jonathan Olivas, the county associate planner, presented the staff report and said the approval establishes the parcel’s legal status but does not authorize development.
Olivas said the parcel, recorded in 2022 as a remainder in book 11 of parcel maps, is in a rural area about four miles northwest of downtown San Juan Bautista and roughly three‑quarters of a mile northwest of the Highway 101/129 interchange. He described the parcel as containing areas with steep slopes—about 30 percent in places—and said Caltrans had confirmed “no further access” via new driveways onto Route 129 because of grade constraints. Olivas said the applicant intends to use the parcel for land stewardship and native‑plant restoration and submitted a letter describing that intent.
Commissioners asked whether the action would affect the county’s tax base and whether the parcel was under the Williamson Act. Olivas replied, “I believe it’s indifferent. I believe it stays the same,” when asked about tax revenue, and clarified the parcel is not under the Williamson Act (he said the adjacent parcel is). He added that no new development, land division or change of use is proposed; any future development would require separate staff review and conditions.
Staff cited the Subdivision Map Act — specifically Government Code section 66499.35 — and County subdivision ordinance sections in Title 23 in recommending approval. Olivas also said the project qualifies for CEQA review under the “common-sense” exemption and a Class 25 categorical exemption because the action would formalize ownership without enabling development.
The commission’s motion to adopt the resolution carried 5-0. The resolution includes conditions that reflect existing topography and access limits; staff noted that any future ground-disturbing activity would require separate permitting and environmental review.
