Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Peter Hernandez

District No. 3

 

Jim Gillio

District No. 4
Vice-Chair

Jaime De La Cruz

District No. 5
Chair


Item Number: 9.



MEETING DATE:  3/24/2020

DEPARTMENT:
RESOURCE MANAGEMENT AGENCY

DEPT HEAD/DIRECTOR: Harry Mavrogenes

AGENDA ITEM PREPARER: Taven M. Kinison Brown/San Benito County RMA and Administrative Staff

SBC DEPT FILE NUMBER: 790

SUBJECT:

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

PLN190060 Zoning Map Ordinance Amendment. Hold Public Hearing to consider the recommendation of the San Benito County Planning Commission that the Board of Supervisors; adopt resolution to approve an Addendum to the 2035 San Benito County General Plan EIR; and adopt ordinances amending the zoning map to: 1) repeal Ordinance No. 992 establishing the C-3 zoning district and restore Agricultural Rangeland with Floodplain Combining District (AR-FP) base zoning for the entirety of all four parcels; and 2) add a Commercial Thoroughfare (C-1) zoning combining district to a 29-acre area portion of the four parcels.

SBC FILE NUMBER: 790

RESOLUTION NO: 2020-20

ORDINANCE NO: 1,006

ORDINANCE NO: 1,007



AGENDA SECTION:

PUBLIC HEARING - Top

BACKGROUND/SUMMARY:

OWNER/APPLICANT: The Thomas John McDowell and Victoria McDowell Charitable Remainder Unitrust. LOCATION: The property is located on the west side of Highway 101 at 9664 Betabel Road, San Juan Bautista, California 95045. (Assessor’s Parcel Numbers: 013-150-017-000, 013-150-018-000, 013-150-024-000, and 013-150-025-0000). REQUEST: A Zone Change Request to change portions of the subject properties for a total of approximately 29 acres designated as Commercial Regional (C-3) to add the Commercial Thoroughfare (C-1) combining district to be consistent with Goal LU-5 of the San Benito County 20135 General Plan. GENERAL PLAN DESIGNATION: Agriculture (A) with a Commercial Regional Node shown in the 2035 San Benito County General Plan Figure 3-5. ZONING DISTRICT: Commercial Regional (C-3). ENVIRONMENTAL REVIEW: An Addendum to the 2035 San Benito County General Plan EIR. 

 

 The project includes repeal of Ordinance No. 992 adopted September 24, 2019, that established a a C-3 Commercial Regional zoning designation in light of the failure of Measure K on March 3, 2020, that would have established zoning regulations for the C-3 District. An ordinance repealing C-3 zoning of a 29-acre portion of the four assessor parcels will re-establish the prior Agricultural Rangeland zoning for all four parcels with the Flood Plain combining district (AR-FP). A second ordinance to apply the Commercial Thoroughfare (C-1) combining district to the same 29-acre portion of the four parcels is proposed, as an alternative means to implement the Betabel Road’s County 2035 General Plan land use designation of Commercial Regional (CR).

 

This report contains the Planning Commission staff report, supporting resolutions recommending Board of Supervisors' approval of the project, findings, evidence and CEQA documentation. No new analysis or recommendation following the Planning Commission's recommendation to the Board of Supervisors has been prepared. 



BUDGETED:



SBC BUDGET LINE ITEM NUMBER:



CURRENT FY COST:



STAFF RECOMMENDATION:

Staff recommends that the Board of Supervisors read and review the the attached Planning Commission resolution and the staff report that was presented to the Planning Commission on November 20, 2019.  Also attached are the two resolutions from the Planning Commission. Staff further recommends that the Board of Supervisors:

1. Direct County Counsel to read the title of the two ordinances and waive further reading;

2. Open the public hearing;

3. Receive the staff report and presentation of the matter;

4. Receive public testimony from the public and the applicant;

5. Direct questions from the Board to staff, the applicant, or members of the public;

6. Close the public hearing;

7. Deliberate regarding the evidence presented;

8. Entertain motions from members of the Board to adopt the resolutions making findings with regard to compliance with CEQA and consistency with the General Plan and adopt the ordinances as drafted, or with amendments as may be directed by the Board.



ADDITIONAL PERSONNEL:


BOARD ACTION RESULTS:

Adopted Resolution No. 2020-20 and Ordinance No. 1,006 per staff recommendation. (4/1 vote, De La Cruz voted no)

 

Continue public hearing to April 7, 2020 at 9 a.m for consideration  of Ordinance 1,007 per staff recommendation. (4/1 vote, De La Cruz voted no)

ATTACHMENTS:
DescriptionUpload DateType
PC Staff Report for 11/20/201911/26/2019Staff Report
RESpc_2019-22_PLN190060_11202019 (for the bos)11/26/2019Resolution
RESpc_2019-23_PLN190060_11202019 (for the bos)11/26/2019Resolution
Draft Resolution Approving CEQA Addendum3/18/2020Resolution
Addendum for C-1 at Betabel_Attachment A to BOS Reso11/27/2019Other
CEQA_Findings_PLN190060_Attachment B to BOS Reso11/27/2019Backup Material
Betabel AR-FP Rezone Ordinance3/18/2020Ordinance
Betabel C-1 Combining District Zoning Ordinance3/18/2020Ordinance
Proof of Publication - Public Hearing Notice12/3/2019Backup Material