Measure G Page 2
Section 13. Areas of Special Environmental Concern…
Section 13. Areas of Special Environmental Concern
(a) Policy 3 of the Open Space and Conservation Element of the Plan is amended to read:
POLICY 3 – Protection of wetlands Mitigation for wetland development
Development shall be sited to avoid encroachment on wetlands. Mitigation shall be required for any development proposals that have the potential to reduce wetland habitat from primary direct or indirect secondary effects of the development. Development, agricultural conversion, keeping of animals, or topographical alteration may not be permitted if, cumulatively, the quantity or biological quality of wetlands would be reduced materially. For purposes of this policy, “wetlands” are areas that under common climatic circumstances are permanently or periodically covered by water, or where hydrophytic vegetation is substantially present or soils are primarily hydric in nature.
(b) Policy 32A is added to the Land Use Element of the General Plan.
POLICY 32A
No building, in whole or in part, may be located on a slope with a grade of more than 30%. No building may be located on a site that has access over a slope of more than 30%. Percentages are based on the steepness of slopes in their natural, unaltered state, and are calculated by dividing altitude increase by twenty over each twenty feet of surface distance.
Section 14. Visual Safeguards
(a) Policy 16 of the Open Space and Conservation Element is amended to read:
POLICY 16 – Ridgeline development
To preserve the rural character of the area, new development shall be directed away from the horizon through the use of building envelopes and integration of building architecture into the contour of the horizon. Parcels may not be created that have no building site other than a ridgeline or hilltop, or that would entail a building or buildings projecting into the view of any ridgeline or hilltop from public places, unless there is no other possible configuration. Structures may not be located on ridgelines or hilltops, or where they will visibly project into the upward or horizontal view of a ridgeline or hilltop from public roads or parks, unless there is no less intrusive site on a parcel or a contiguous parcel in common ownership.
(b) Policy 36 of the Land Use Element is amended to read:
POLICY 36
The County shall maintain high standards of siting and design in the for development of for all land uses. Standards and criteria shall be established by the County.
Development and alteration of land surfaces shall be subordinate to and blend harmoniously with the natural and open space qualities of the area where located, so as not needlessly to impair those qualities. Structures shall be located, to the extent practicable, on that part of a parcel that minimizes their visual impact from public roads and parks. In all cases, appropriate preservation of vegetation, landscaping, screening, and building materials shall be required to reduce as much as practicable the visibility of development and scars from grading. To the extent possible, access roads shall be located, including by consolidation, where they are least visible from public roads and parks. Exterior lighting must be designed and placed to confine direct rays to the parcel where the lighting is located. In Agricultural Areas, signs shall be no more numerous, larger or noticeable than is necessary to provide essential information, and shall be compatible with a rural environment and the Scenic Roads and Highways Element. The height of buildings may not exceed 30 feet, except to the extent that the Board of Supervisors finds reasonably that a greater height is necessary for uses under Section 12 (1), (2), (3), (11) and (15) of the Initiative.
(c) Policy 7B is added to the Land Use Element.
Policy 7B
In Agricultural Areas, the County may allow permissible development to be clustered by transfer of the development from one parcel to another if the transfer clearly will reduce the adverse visual impact of the development and is consistent with all the provisions of this Plan. Clustered development may be on a single parcel or, notwithstanding Section 8 of the Initiative, on separate contiguous parcels that do not exceed two acres each.
As a prerequisite to clustering under this policy, the owner of the parcel from which development is transferred shall convey an easement to the County and, if available, jointly to an independent land trust (that complies with the Land Trust Standards Practices of the Land Trust Alliance). The easement shall bar any development on the parcel from which development is transferred except for agricultural use under Section 12 (1) of the Initiative (which does not include residential development) and under Section 12 (2) for permitted processing, packaging, storage or sale of produce or plants. The easement, to run with the land, shall be negative only; it shall convey no possessory interest to the County or land trust, nor confer any right of public access. The owner shall retain exclusive occupancy and use. The County has no responsibility or liability because of the easement for acts or omissions on the parcel, except in good faith and effectually to prevent or remedy violations of the easement. Easements shall be duly recorded in the County’s land records.
Section 15. Maximum Floor Area
Policy 7C is added to the Land Use Element.
POLICY 7C
In Agricultural Areas the maximum aggregate floor area in buildings on a parcel may not exceed 1% 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).
Section 16. Definitions
For purposes of the Initiative, unless the text or context clearly indicates otherwise:
“Agricultural Productive Areas” means areas designated Agricultural Productive and “Agricultural Rangeland Areas” means areas designated Agricultural Rangeland on the General Plan Land Use Designations maps on December 1. 2002, or by the Initiative; “Agricultural Areas” are Agricultural Productive and Agricultural Rangeland areas;
“Building” is any structure having a roof with a floor area of more than fifty square feet, except greenhouses and water tanks;
“Development” includes the construction or placement of a building or structure, including mobile dwelling units;
“Initiative” is the self-named San Benito County Growth Control Initiative;
“Moderate, lower and very low income persons, families or households” have the same meaning as under Section 50093, 50079.5 and 50105 of the California Health and Safety Code, respectively, or successor state statutory definitions;
“State Law” includes State constitutional provisions, valid statutes and court declared common law;
“Structure” includes any building, greenhouse, tower, utility line, dam, pumping facility, or anything constructed, erected, or placed, the use of which requires location on ground or attachment to something located on ground.
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.
(b) The County shall apply the prohibitions, restrictions, limitations, and requirements of the Initiative to proposed parcels, development, and uses unless they have received all discretionary County authorizations and approvals prior to the effective date of the Initiative, except to the extent precluded by State law.
Section 18. Inconsistent County Plans, Ordinances and Actions
(a) To the extent that there is inconsistency between a provision of the Initiative and another provision of the General Plan that other provision is superseded and the Initiative shall govern unless voters approved the other provision after approval of the Initiative. However, General Plan provisions are not to be deemed inconsistent with the Initiative because they impose prohibitions, restrictions, limitations or requirements in addition to those imposed by the Initiative. In that respect, the Initiative establishes only minimum standards, which the County may augment without creating inconsistency.
(b) Any provision of any existing or subsequently adopted specific, area or other plan that is not part of the General Plan and of any zoning ordinance or any other ordinance, resolution or policy of the County may not be applied to the extent that the application would be inconsistent with the Initiative, except as State law mandates to the contrary.
(c) No subdivision or parcel map, 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.
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.
Section 20. Effective Date
This Initiative shall become effective as provided by statute, except if all the General Plan amendments permitted by law in the year in which the measure is approved have been made the Initiative shall become effective and amend the plan at the beginning of January 1 of the following year.
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.
Section 22. Severability
If one or more than one section, subsection, paragraph, subparagraph, sentence, clause, term, or application of this Initiative is invalid, that invalidity shall not affect the validity of any other part or application unless the clear effect would be to defeat the overall purpose of the measure. Each part and application of this Initiative would have been enacted as it was irrespective of the fact that one or more other parts or applications are declared invalid or inapplicable, except to the extent the effect clearly would be to defeat the purpose of the measure.
Section 23. Conflicting Ballot Measures
If there are other General Plan amendments on the same ballot as this measure that are approved by the voters, this measure shall be effective, except to the extent that its provisions are in actual, irreconcilable conflict with particular Plan amendments of one or more other measures and that measure or those measures received more votes. Otherwise, provisions in another measure shall be ineffective in nullifying the provisions of this Initiative.
Section 24. General Plan Consistency
The General Plan is amended as follows to eliminate or revise material that is or may deemed to be inconsistent with this Initiative or no longer appropriate.
(a) General Plan Maps (characterized as Figures) shall be changed expeditiously to conform to the textual provisions of the Initiative.
(b) Tables in the General Plan Elements, which summarize the policies of the Plan, to the extent not amended below shall be revised promptly to conform to the textual provisions of the Initiative.
(c) General Plan text below in strikeout type (crossed out) is deleted from the Plan. Material underlined is added to the Plan (except some section and paragraph headings are underlined in the existing Plan). Because of the volume, material unchanged is omitted, even within a paragraph, unless regarded as helpful in making sense of an amendment. Material unchanged is not enacted by this Initiative.
LAND USE ELEMENT
Page 1
The time-horizon of this Plan Update is 10 years. It is intended, however, that this General Plan be reviewed annually and updated every three years as required to insure that the most recent technical data, community goals and State law requirements are recognized.
Page 5
TABLE 1
UNINCORPORATED SAN BENITO COUNTY LAND USE BREAKDOWN
TYPES OF MAXIMUM
HOUSING DWELLING POPULATION
DESIGNATION ACRES ALLOWABLE UNITS(1) POPULATION PER ACRE
Agricultural Productive 56650 SF 1 unit/5acres 11000 36029 0.64
(a) Agricultural Productive 20 SF 1 unit/20 acres 0.16
(b) Agricultural Productive 5 SF 1 unit/5acres 0.64
Agricultural Rangeland 659174 SF 1 unit/40160acres 16479 52403 0.8 0.02
Rural 10516 SF 1 unit/5acres 2103 6688 0.64
Rural/Urban 1718 SF up to 8 units/ 13704 43578 25.45 Acre or Mobile
Home Parks
Page 13
1. RURAL
Within areas where the average cross slope equals or exceeds 30%, the number of allowable units will be determined by use of the County’s slope density formula.
Page 16
INDUSTRIAL
In some limited cases, isolated industrial uses will continue to be permitted as overlay zoning without a general plan amendment., provided that the zoning conforms to the Initiative.
GOAL 1
OBJECTIVES
1. To protect prime agricultural areas in order to preserve them for the present and future agricultural production vital to the County.
GOAL 2
OBJECTIVES
b) To encourage an overall rural approach to development, such as large lots or the clustering of home sites to preserve the maximum open space possible in accordance with the Initiative.
GOAL 4
OBJECTIVES
c) to identify and plan for commercial services near existing federal, state, and regional parks in conformity with the Initiative.
GOAL 9
f) Consistent with this Plan, Uutilize area plans, master plans, specific plans, community plans and other planning studies to allow population growth in geographic areas that will maintain an adequate level of public services (fire, schools, sheriff), and protect natural resources.
POLICY 1
The agriculturally designated areas of the County shall be developed at a low density use (5 acre minimum lot size).
POLICY 2
The type of uses allowed on most agriculturally designated areas within the County include agriculture, agricultural processing, grazing , land in its natural state, wildlife refuges, and low intensity residential. Uses subject to use permit approval, if consistent with this Plan, include low intensity recreational facilities, mineral extraction and processing, and also institutional uses and uses, that, by their nature, should be located in undeveloped areas.
POLICY 5
Encourage the private development of participatory recreational facilities, such as riding areas, camping facilities and hunting clubs., that are consistent with the provisions of the Initiative.
POLICY 15
The majority Much of the development with a density greater than two units per acre shall occur within the Cities of San Juan Bautista, Hollister and the Paicines Ranch Resort project site. All commercial development providing comparative shopping and serving a regional need, major cultural and institutional uses and all industrial uses (excluding agricultural-related uses and low profile compatible industry) shall occur within the Cities, except for those uses which by their nature should or could be located in undeveloped areas. Development outside the Cities shall be in compliance with the Initiative.
POLICY 20
Allow the development of Neighborhood Plans, consistent with this Plan, where public interest is demonstrated to maintain and establish community identity, to coordinate traffic and circulation, to promote infill development where public services are already in demand, to identify recreational needs and ensure coordinated development.
POLICY 21
Designate areas on the General Plan Land Use Map for existing Neighborhood Commercial
Centers in the Community of Aromas, Dunneville, and Tres Pinos, and designate existing commercial facilities in Paicines and Panoche for thoroughfare Commercial on General Plan Land Use Map.
POLICY 22
To allow commercial areas in the unincorporated areas to develop, a general plan amendment shall be required for the establishment of new commercial areas. In some limited situations, new small scale isolated commercial operations will be allowed as overlay zoning in other land use categories., if consistent with this Plan.
POLICY 27
ACTIONS
a) Regional centers shall be located near existing or future highway interchanges or major intersections., as permitted by the Initiative.
POLICY 30
Direct industrial development to unincorporated lands within close proximity to transportation systems, natural resources and existing industrial operations or to isolated areas that are appropriate for certain types of industry., provided that the location complies with the provisions of the Initiative.
POLICY 31
In some limited situations, new small scale isolated industrial operations will be allowed as overlay zoning in other land use categories. if in accord with the Initiative.
POLICY 32
Absent adequate mitigation and compliance with the Initiative, development shall not be located on environmentally sensitive lands (wetlands, erodable soil, archaeological resources, important plant and animal communities).
POLICY 34
The County shall amend its Ordinance and Regulations (e.g. Zoning, Subdivision, Capital Improvements) to conform to the plan and policies of the Land Use Element. within one year from the date of adoption.
OPEN SPACE AND CONSERVATION ELEMENT
Page 1
The Open Space/Conservation Element is designed with a 10-year horizon. Thus, we are looking ahead to the year 2000. It is intended that this plan be reviewed annually and updated as needed. approximately every three years to insure that the most recent technical data, community goals, and State law requirements are recognized.
POLICY 5
ACTIONS
2. Development near oak woodlands shall be clustered to avoid, where technically or economically practical and consistent with the Initiative, the loss of trees, and transitional buffers shall be developed to help maintain viable ecosystems.
POLICY 10
ACTIONS:
1. The County, by resolution, will establish a policy of urban concentration for the protection of air quality. The resolution should specifically discourage prohibit the development of commercial and residential areas outside of urban centers, other than those defined in the Land Use Element, in order to reduce the impacts of air pollution caused by commuting and shopping.
GOAL 2
To encourage the orderly development of identified concentrations within the County, in accordance with the Initiative, utilizing the infilling of existing developed areas and communities, along with an orderly and efficient development plan for public and private services (water and sewer districts).
OBJECTIVES
As it becomes evident that services will soon be available, the County may choose to increase the allowable density through zoning, consistent with this Plan, provided that development of these lands considers ultimate development or urban density through a master plan for street design and home site location as well as the provision for urban-type services, such as sewer and storm drains.
POLICY 13
It will be the County’s policy to require specific plans, which are consistent with this Plan, for small, large, new, or expanding communities that are not incorporated which would clearly identify centers of urban growth and land uses within these areas.
POLICY 15
ACTIONS
3. The County may, at the appropriate time, develop plans for the unincorporated communities within the County. which are consistent with this Plan.
POLICY 17
General Plan Amendments, Specific Plans, Area Plans, and Area of Special Study that result in a net increase in general plan buildout (Table 1 of the Land Use Element), shall include methods to conserve open space for natural resources including agriculture, wildlife habitat, and water (e.g. conservation easements and/or other similar resource protection measures). Proposed development areas shall also include measures to protect resources on-site and contiguous to the project with the use of permissible clustering, conservation easements, and other similar programs.
POLICY 22
ACTIONS
5. Approval of residential subdivisions where residential densities are already allowed will be permitted if the following evidence is provided:
d. subdivision is clustered, consistent with the Initiative, to minimize land use conflicts.
POLICY 33
It is the policy of San Benito County to promote and support, in accordance with the Initiative, the location of new agriculture-related business and industry and support programs that promote local agricultural products and increase marketing opportunities.
POLICY 38
ACTIONS
4. Subdivisions and lot-line adjustments (that create new building sites) within or near hazardous areas shall be allowed, consistent with the Initiative, provided that building sites for each new parcel have adequate access and lot location is consistent with policies 2 and 4 of the element and with the Initiative.
GOAL 8
Encourage private development of recreational facilities including, but not limited to, riding stables, golf courses, camping facilities, dude ranches and hunting clubs, and residential parks., which are consistent with the Initiative.
POLICY 44
It will be the County’s policy, where appropriate under this Plan, to utilize land use ordinances to encourage land owners to provide private recreational facilities and open space areas. In accordance with the Initiative, Iit will also be the County’s policy to allow for an economic return on land while it is being utilized as open space.
ACTIONS
3. Encourage the development of private recreation (e.g. campgrounds) near existing Federal and State parks in accord with the Initiative.
POLICY 46
Develop a County-wide parks master plan, consistent with this Plan, to identify long-range recreational needs of the County, potential trail corridors, and areas for potential recreational-tourist services/programs.
GOAL 10
OBJECTIVE
b. Develop a County-wide parks master plan to identify potential areas to provide private and public recreational-tourist services/programs, needed recreation for County residents, and long-range recreational needs of the County in accord with this Plan.
HOUSING ELEMENT
Page 44
Other constraints to development include flood plains, earthquake fault zones, and significant agricultural and mineral resources. Low development densities of one unit per 40 acres or one unit per five acres are encouraged in areas where one or a combination of environmental hazards exist.
Page 45
Land Use. Consistent with the countywide goal to maintain a rural atmosphere, and to direct development from environmentally hazardous areas, the vast majority of the County is identified for Agricultural Rangeland use (1 unit per 40 160 acres) and Agricultural Productive (1 unit per five and twenty acres). There is ample land outside areas designated Agriculture to meet County housing needs. The Land Use Element, however provides for areas of urban density in the Rural/Urban land use category and Areas of Special Study.
Page 49
The zoning ordinance also includes provisions for second homes to be constructed on a five acre parcel if the home is for a family member or an employee and is consistent with the Initiative. Subject to the same limitation, Aa third home for a family member or employee may be constructed pending use permit approval.
TABLE 32
GENERAL PLAN AND ZONING
General Plan Zoning Districts Density
Agricultural Rangeland Agricultural Rangeland 1unit/40160 acres*
Agricultural Productive Agricultural Productive 1 unit/5 and 20 acres*
Page 50
Growth Management. The County recently has amended the Land Use Element to include goals and policies for the establishment of a growth management program. Policy requires that affordable housing be exempt from the given special treatment under the growth management program. The future growth management program shall provide evidence that the County will be able to meet Regional Housing Needs for the unincorporated area as discussed in Chapter 6 of this Element comply with State housing legal requirements.
Page 74
Policy 3-A. Allow the construction of affordable housing on larger lots in accordance with the Initiative that are consistent with the County’s mobile home ordinance and second unit senior ordinance.
PROGRAM 3-3
Continue to use the Senior Citizen Second Unit Ordinance to allow the construction of second units to house the elderly. in accord with the Initiative.
NOISE ELEMENT
GOAL #1
POLICIES
1. To insure that County land near airports, particularly land lying within future clear zones, will be reserved for only those uses deemed to be compatible with the high noise levels associated with an airport. Such uses might include open space, agriculture, cemetery, golf course or appropriate industrial uses, consistent with the Initiative.
Page 35
SITE PLANNING
2. Placement of dwelling units, consistent with the provisions of the Initiative, as far as possible from the noise source and placement of driveways and non dwelling units between dwelling units the and noise source effectively reduces noise impacts.
SCENIC ROADS AND HIGHWAYS ELEMENT
Page 8
SIGNS
OBJECTIVE
Eliminate signs within the Scenic Corridor, other than those identified in the permitted use section of the Zoning Ordinance. which are consistent with Section 36 of the Land Use Element. This does not apply to temporary signs, advertising the sale of agricultural commodities produced or processed on site, nor does it apply to State, County of City signs., which are in accord with the provisions of the Initiative.
POLICY # 6
It will be the policy of San Benito County to protect the Scenic Corridor from the proliferation of unnecessary signs.
ACTIONS
Develop a sign ordinance which controls the locations and types of signs throughout the County areas. Suggested permitted uses within a Scenic Corridor have been provided in Appendix A. These uses could be used as a guideline for the development of a Scenic Highway Combining District Ordinance., provided that the ordinance conforms to the Plan.
SEISMIC SAFETY/SAFETY ELEMENTS
POLICY #4
ACTIONS
a. The County shall establish an Overlay Zoning District for environmentally hazardous areas (an “EH” District), which discourages development in areas geologically hazardous to the health, safety and welfare of the citizens of the community and will concurrently develop density transfer policies in accordance with the provisions of this Plan which would allow for the transfer of some of the densities, which may have been allowed in hazardous zones.
TRANSPORTATION ELEMENT
Page 7
There are several private landing strips in San Benito County. These are allowed in agricultural zones, subject to Section 12(15) of the Initiative, and regulated through the use permit process.
POLICY 2
ACTION
a. Until the Transportation Master Plan is completed, subdividers/developers along Southside Road (Enterprise Road – Highway 25) or Cienega Road (Hospital Road – Airline Highway) shall finance studies to determine needed spot improvements along the two-lane facilities and provide funding and/or actual improvements to sections of the road.
POLICY 10
Consistent with Policy 36 of the Land Use Element, Rroad and private access road development in hillside areas shall minimize cut and fill and shall follow the natural contours of the land as much as possible.
POLICY 20
In accordance with the Initiative, Ssupport the development of mixed land uses to reduce vehicle trips on collectors and arterials.
POLICY 25
In appropriate areas under the Initiative, Eencourage clustered land use to encourage pedestrian and combined pedestrian and transit use.
