With time running out on three members’ tenures, the Board of
Supervisors won’t leave the fate of a controversial land-use
ordinance in the hands of its collective successor.
This week, a 4-1 majority of supervisors agreed to order San
Benito County’s planning commission to finish its work on an
ordinance restricting hillside developments and have it ready for
board consideration Nov. 9.
Hollister – With time running out on three members’ tenures, the Board of Supervisors won’t leave the fate of a controversial land-use ordinance in the hands of its collective successor.
This week, a 4-1 majority of supervisors agreed to order San Benito County’s planning commission to finish its work on an ordinance restricting hillside developments and have it ready for board consideration Nov. 9.
That’s seven weeks before the final meeting for supervisors Bob Cruz, Ruth Kesler and Richard Scagliotti – all of whom have conveyed support for the law.
The decision left the lone dissenting supervisor and two potential incoming supervisors concerned the board may be rushing a complex matter just to beat a shrinking calendar.
Board members supporting the ordinance want it approved before late December when the three veteran supervisors leave office, acknowledged Supervisor Pat Loe. Placing it on the Nov. 9 agenda allows the board time for two required approvals, along with about a month’s breathing room in case problems arise.
“Well, I think it’s been pending for months. We’re just trying to get everything done,” Loe said Wednesday. “It’s much better to get things closed and the ordinance drawn up with people that have been putting energy into forming them.”
When the commission most recently considered the ordinance July 7, many landowners and the Farm Bureau spoke in opposition. Some argued it violates land rights. Others said its language wasn’t clear enough, and that it could be construed to include developments of all sizes, not just large subdivisions.
At the meeting, planners sent the ordinance back to their staff to clarify language. Neither the commission nor the board has seen it since.
Supervisor Reb Monaco opposed the board’s decision this week to request the hillside ordinance from the planning commission.
Monaco said Wednesday he has concerns not only about what’s in the edict, but also that supervisors didn’t discuss their reasoning for the decision during the meeting.
“I think we need to look at this very, very carefully,” Monaco said. “I don’t see a reason for this rush to put this into place.”
Referred to as the Ridgeline Development Regulations ordinance, the law lays out a complex set of restrictions for residents wishing to develop on hillsides – a trait often associated with urban sprawl.
Similar rules were included in Measure G, which failed by an overwhelming margin on the March ballot. Though the crux of that measure’s opposition related to stricter zoning regulations that would have have disallowed many landowners from subdividing their properties.
Intended for large-scale subdivision proposals, the ridgeline ordinance would restrict building on hills with slopes greater than 15 percent – the purpose being to preserve views and prevent environmental decline. It also would confine building and landscape designs on hills, along with a series of other guidelines.
The board’s request from the commission doesn’t sit well with Supervisor-elect Jaime De La Cruz or one of two candidates for Kesler’s District 2 seat, Anthony Botelho. His opponent in that race, Anthony Freitas, a planning commissioner, declined to comment on the issue.
Botelho, an orchardist, also represents the Farm Bureau, which opposed the draft of the ordinance presented in July for what he called “gray areas.”
“We have a new board that’s coming on with some different ideas how they want to pursue some land-use issues, and nobody wants to see hills covered with houses,” Botelho said. “We’re in a hurry to do rash things, and it never pans out for this county when we do things irrationally and on emotion.”
Planning commissioner Gordon Machado rejected the opposition’s view that the document’s language wasn’t clear enough, calling it a “misinterpretation by the public.” He acknowledged the board likely wants to gain an approval before new supervisors come aboard in January.
“I think there’s some of that because of the fact that it’s been worked on for quite a few years,” Machado said. “So you want to put some of your babies to bed.”
Kollin Kosmicki covers politics for the Free Lance. Reach him at 637-5566, ext. 331 or kk*******@fr***********.com.
