The San Benito County Board of Supervisors is set to consider an
ordinance that several officials said would loosen existing
restrictions on hillside development.
HOLLISTER
The San Benito County Board of Supervisors is set to consider an ordinance that several officials said would loosen existing restrictions on hillside development.
The supervisors first approved the old hillside ordinance in December 2004, but with three new members, the board voted 4-1 in April to throw it out. At the time, supervisors called the old ordinance too restrictive and confusing. They also asked the planning commission to come up with a new ordinance to function as a stopgap until the county’s general plan update is complete, which is likely to be years into the future.
According to a planning department staff report, the new ordinance removes all the existing restrictions. Instead of limiting the height and size of homes built on the county’s hillside, the ordinance offers “flexible” design guidelines that the planning commission would consult when reviewing projects built on hills overlooking the county’s major roads.
When Supervisor Pat Loe voted against eliminating the old ordinance, she called the guidelines-only approach “very weak” and said it would limit the county’s ability to control hillside development.
The report also states that the supervisors will vote on the revised ordinance on Dec. 18.
Supervisor Anthony Botelho, who voted with Jaime De La Cruz, Don Marcus and Reb Monaco to rescind the current ordinance, said he’s pleased with the planning commission’s changes.
“We have some of the most beautiful scenic hillsides anywhere,” Botelho said. “Through good planning and review processes we can maintain that but also allow people to enjoy their property rights as well.”
Despite his opposition to the old ordinance, Botelho said the county needs to have some rules in place.
“All a person has to do is look at some of the projects that have been built in the county and recognize we need a little more leverage,” he said.
Specifically, Botelho noted that some homes around Hollister are built at the very tops of hills. While Botelho said he’s not opposed to that in principle, the homes’ impact on the hills could have been reduced through landscaping or grading.
It has taken a long time for the commissioners to agree on the changes, Botelho acknowledged, but he said the wait has paid off.
“It’s like a fine wine,” he said.
On Wednesday, the revised ordinance received unanimous support from the planning commission. Commissioners Gordon Machado and Robert Scattini took drastically different positions on the issue, but they both called the proposal a good compromise.
“I would prefer if it had a little more teeth,” Machado said.
But Machado added he’s glad the new ordinance relies on Geographic Information System technology and data, which will make things “less ambiguous.”
Scattini, on the other hand, said he’s “honestly … not happy with any hillside ordinance.” The revised hillside rules are redundant, he said, because all building permits must be reviewed by the planning commission anyway.
“I don’t want to see the hillsides plastered with homes and stuff, but that goes back to design review,” he said.
Scattini proposed scrapping the ordinance altogether. But “it didn’t go over too good,” he said.
“If (the supervisors) want a hillside ordinance, this is as good as it’s going to get,” Scattini said. “We trimmed it down to nothing, hardly.”
Monaco, who noted that he’s still doing more research, said he’s also unhappy with the planning commission’s revision – but for a different reason.
“I’m not real happy with the document I’ve seen,” Monaco said. “It tends to be even more restrictive than the ordinance that we originally had. This ordinance, coupled with the 1 percent growth cap, makes me wonder, ‘Where do we build in San Benito County?'”
Proposed changes to SBC’s hillside ordinance
* “Arbitrary limits on size, height, colors, etc.” would be replaced by flexible design review.
* Design review would be required when a proposed project is visible from “major transportation corridors” including Fairview Road, Highway 101, Highway 156 from 101 to Union Road and portions of Highway 25.
* Design review would be required when projects are at least 200 feet above the transportation corridors.
* Design review would be required for all building permits, not just major subdivisions.
Source: San Benito County Planning Department
