Most county residents are reacting to growth in the city limits.
The initiative does absolutely nothing to control growth in the
City of Hollister, where most of our growth has occurred.
Out-of-town backers of Measure G are preying on our community’s
desire to control growth. These outsiders want to lay claim to an
estimated $160 million worth of San Benito County at the expense of
our community. Effects of Measure G will reduce our annual revenue
for services by an estimated $160 million annually. Schools,
police, fire departments, local business and our entire community
will all suffer.
Most county residents are reacting to growth in the city limits. The initiative does absolutely nothing to control growth in the City of Hollister, where most of our growth has occurred.
Out-of-town backers of Measure G are preying on our community’s desire to control growth. These outsiders want to lay claim to an estimated $160 million worth of San Benito County at the expense of our community. Effects of Measure G will reduce our annual revenue for services by an estimated $160 million annually. Schools, police, fire departments, local business and our entire community will all suffer.
Measure G is a 24-page document that restricts agriculture, addressing very little on growth control. All it does for growth is transfer the right to change our current 1-percent rural county growth rate from our supervisors to the people. If this were just a growth initiative, as a community we could simply vote on a growth rate at every election.
The agricultural community did not object to our current 1-percent growth rate when it was enacted. They are not against growth control, but against Measure G, which may put them out of business. We already have tools to protect prime agriculture lands in large tracts and preserve them permanently through conservation easements and Ag Trusts. It has been very successful all over the state and is working in San Benito County.
Our community and its largest industry will face a future full of litigation if this measure passes. Measure G is much more complex than a simple growth ordinance and will jeopardize our $240 million annual agricultural industry. Our community is in imminent danger from the effects of Measure G, which may be irreversible.
The out-of-town backers of the initiative did everything in their power to prevent you from your right as an American to vote on the issue. Currently, the out-of-town backers of Measure G have hired out-of-town kids to circulate misinformation about the initiative. If they come to your door, ask them who hired them, where they are from and what they know about San Benito County. You will be shocked. As a community, we can develop a plan from within that we can all be proud of and live with. We need to protect our ranchers and farmers who have been taking care of this land. Let them survive, let them flourish and we can all enjoy a healthy future.
Please vote NO on Measure G. We can’t afford it.
The following are sections of Measure G followed by some of my comments:
Section 12. Uses in Agricultural Areas
1. Agriculture and horticulture, including but not limited to arboretums, gardens, nurseries, dairies and rearing, feeding and sale of cattle and other ruminants (however, the floor area of greenhouses is limited to 1 percent of a parcel’s area of 40,000 square feet, whichever is greater, except to the extent that the greenhouses are used to grow crops in the underlying soil).
2. Processing, packaging, storage or sale of agricultural produce or plants, a major portion of which over the course of a year were grown in San Benito County.
Comment: Our largest processors in the county are between 165,000 square feet and 300,000 square feet. Almost all of our largest ag processors supply their product to buyers year round and must grow a large portion of their crop outside San Benito County to compete in today’s market. They cannot comply with these restrictions. Think about the logistical costs to enforce this issue. This may be enforced by suit (see section 19). Think about the resulting loss of jobs and impacts to the community if this is enforced. How will this help attract new agribusiness?
Section 15. Maximum Floor Area
In Agricultural Areas the maximum aggregate floor area in buildings on a parcel may not exceed 1 percent of the parcel’s area or 40,000 square feet, whichever is greater. The Board of Supervisors may increase the maximum floor area for buildings and greenhouses by up to 40,000 square feet if necessary for permitted uses under Section 12 of the Initiative. The Board may increase the maximum by another 40,000 square feet for permitted processing, packaging and storage facilities under Section 12 (2).
Comment: The aggregate amount of building square footage allowed for processors will be 120,000 square feet only if they grow the majority of their product in San Benito County (see Section 12 (2)). Our largest processors in the county are between 165,000 square feet and 300,000 square feet. They will not be allowed to expand or change use (see Section 17a). This will no doubt end up in court and will give us a future full of litigation.
Section 17. Application
A. The Initiative does not affect the validity of parcels, development and uses to the extent that they existed legally at the time the Initiative became effective, unless they are voluntarily eliminated or abandoned. However, the county may not permit parcels, development or uses to be changed or expanded in ways that are inconsistent with the prohibitions, restrictions, limitations or requirements of the Initiative.
Comment: If our processors are not allowed to change their use or expand, their days are limited. This opens the door for more lawsuits targeted at closing their doors. Our Board of Supervisors will not be allowed to give any variance or use permit that is inconsistent with the restrictions of the document (see Section 18).
Section 18. Inconsistent County Plans, Ordinances and Actions
B. No subdivision or parcel may, development plan, development agreement, use permit, variance or other action inconsistent with the prohibitions, restrictions, limitations or requirements of the Initiative may be approved, permitted or taken by the county (including approval or permission by operation of law because of inaction), except as required by state law.
Comment: This prevents the county from being able to even offer a variance. Anything inconsistent will have to be placed on the ballot. This will be very inefficient and may take years. It will be very expensive to hold special elections and opens the door for lawsuits to enforce the restrictions (see Section 19).
Section 19. Compliance and Enforcement
The county government shall implement and enforce the provisions of the Initiative diligently and effectually. It shall use the most effective means at its disposal, subject to any official discretion required by state law to prevent, abate and remedy violations of the Initiative. Residents of the county may enforce the Initiative by suits for injunctive relief against the county or any person in violation of the Initiative or to prevent impending violations.
Comment: Anyone can file suit to enforce any violations. This will be expensive and jeopardizes agribusiness. This document can only be repealed or modified by an election of the people (see Section 21).
Section 21. Amendments
As mandated by state law, this Initiative may be repealed or amended only by vote of the people of San Benito County, except the Board of Supervisors may amend the Initiative (1) to impose additional prohibitions, restrictions, limitations and requirements on the division, development, use and alteration of land, and (2) to increase or reduce the maximum floor areas in Section 15. The Board may also make or provide for non-substantive modifications to the Initiative for purpose of clarification, consistency of form or organization of the General Plan. Any modifications must be consistent with the substantive provisions and purpose of the Initiative.
Comment: The effects of this document may be irreversible as any amendment must go to a vote of the people. This section also refers back to Section 15, which limits any increase in floor area to a maximum of 120,000 square feet if and only if they produce at least 51 percent of their product in San Benito County. This will no doubt end up in court and possibly shut down our largest employers at the expense of San Benito County.
Dave Brigantino,
Hollister
