Board to consider repealing a crucial zoning approval for the
Tres Pinos project
County supervisors Tuesday will consider repealing a key approval on the Spur Hotel project so that the planning commission can conduct a commercial district review that the panel had not performed, according to a staff report released by the county.
The San Benito County Board of Supervisors approved a zoning change for the Tres Pinos site – from a residential to commercial designation – at its Oct. 23 meeting. The crucial change, however, had been only conditionally approved depending on meeting certain requirements, according to the report by Art Henriques, director of planning and building inspection services.
An example listed in the report states there’s a mandate that the project described in the “Mitigated Negative Declaration for Commercial District Review” must first be approved before conditions are met. That commercial district review never passed through the planning commission – hence, the decision to consider a repeal.
The project has faced several roadblocks, more recently a lawsuit filed by a group of hotel opponents called Friends of Tres Pinos challenging the level of environmental study called for on the project.
The report states the hearing should not be interpreted as evidence that the county “concedes error” in the proceedings.
Henriques’ report acknowledged the lawsuit, but it indicates that this decision isn’t related to the suit.
The report states: “However, without regard to the petition filed by Friends of Tres Pinos, staff and counsel recommend that the Board, as the County’s legislative body, reserve its decision on the approval or denial of the application for a Commercial District Review.”
Officials have been quiet about details surrounding the hearing. Supervisor Don Marcus, though, has said the board at the meeting will examine “options” to address the lawsuit.
It’s unclear whether supervisors might consider requiring additional environmental work or a full environmental impact report. Before the board’s approval in October, county staff’s recommendation called for some examination but not necessarily a full EIR.
