San Benito County supervisors are ready to revisit and possibly
amend the county’s Hillside Ordinance
– a controversial law passed two years ago by the previous board
which restricts residential development on the county’s
hillsides.
Hollister – San Benito County supervisors are ready to revisit and possibly amend the county’s Hillside Ordinance – a controversial law passed two years ago by the previous board which restricts residential development on the county’s hillsides.

The Board of Supervisors is waiting for the county planning and building department to come forth with a recommendation on how the ordinance – which was approved in December, 2004, just weeks before the majority of the previous board was replaced by new supervisors – might be amended or changed so it is less restrictive. During the Board of Supervisors retreat last week, County Administrative Officer Susan Thompson said that the planning department is moving closer to getting that done.

“Personally, I’d like to get that thing done and over with and mark that off as a completed job,” Supervisor Anthony Botelho said. “I don’t think the board expects to eliminate it all together without development guidelines.”

Many in the county have criticized the ordinance – which constrains the design, size and development of houses on the county’s hillsides – as being too restrictive and trumping property rights. It limits subdivisions on hillsides with a slope greater than 15 percent to four houses, which are limited to 28 feet in height and 10,000 square feet in floor area.

“I feel that it’s a bit restrictive,” Botelho said. “I think some grading aspects should be reviewed. I certainly don’t want to see a multitude of houses on our ridgelines, but at the same time people should be able to enjoy property rights.”

Supervisor Don Marcus agreed, saying he hopes the board can work out development guidelines that preserve the hillsides while respecting property rights in rural areas.

An enduring vestige of Measure G – a growth control initiative that caused contentious debate in the county before it was soundly defeated by voters in 2004 – the hillside ordinance was voted into law despite a recommendation from the county planning commission that the ordinance not be adopted.

When three new supervisors assumed office in January, 2005 – a major change to the composition of the Board of Supervisors – they put the Hillside Ordinance back on the board’s agenda, asking for another opinion from the planning commission. Six months later, the commission reaffirmed its previous stance and recommended that the board scrap the ordinance.

Rebecca McGovern, a San Juan Bautista resident and local environmentalist, said that the Hillside Ordinance was needed in the past to slow the explosive development the county experienced in the 1990s, and that it is still needed today to ensure that development remains fettered.

“We can’t cover up and pave over all of California,” she said. “And that’s what we’re doing.”

Luke Roney covers local government and the environment for the Free Lance. Reach him at 831-637-5566 ext. 335 or at [email protected].

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