MEETING DATE: 1/25/2022
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: Michael Chambless
AGENDA ITEM PREPARER: Robin Bolster-Grant
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS
Accept Report on Betabel Seasonal Produce Stand Project.
SBC FILE NUMBER: 790
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
The properties located at 9644 and 9664 Betabel Road are included in the Betabel Road Commercial Node identified in the San Benito County General Plan. This node is designated as Regional Commercial, which is defined as a destination for commercial activity serving regional populations, such as shopping centers, tourist centers and visitor accommodations.
The Betabel site is one of only two Commercial Nodes zoned for commercial use, with the remaining 14 sites requiring rezoning and general plan updates. The long-term development of Betabel Road is proposed to include a restaurant, produce stand, visitor center, gas station and motel. Because this level of development requires extensive environmental review under the California Environmental Quality Act, the property owner elected to first develop the site with only the seasonal produce stand, which is an allowed use in AR (Agricultural Rangeland) zone that applies to all parcels owned by the applicant, regardless of the commercial node designation, or C-1 combining district zoning that only applies to a 23-acre portion of the property. The seasonal produce stand permit application was approved by former RMA Director Harry Mavrogenes.
On February 20, 2021 a building permit was issued for the construction of a 6,262 square foot seasonal produce site in accordance with section 25.07.004(J) of the San Benito County Code, which allows seasonal produce stands as a permitted use so long as the produce is grown on the premises where the stand is located. The RMA has received communication from community members raising concern about the lack of environmental review for this project, however the permit is ministerial and, under the California Environmental Quality Act, not defined as a "project" requiring such review.
A Certificate of Occupancy will be issued for the structure once all inspections have been completed and cultivation of produce has been established on the parcel.
A draft proposal for the remainder of the proposed development at Betabel Road has been submitted to the RMA for pre-development review. This larger project will require environmental review under CEQA, culminating in the completion of an Environmental Impact Report (EIR).
The attached documents and images illustrate former structures and uses on the Betabel property that have were demolished and removed under formal demolition permit BLD20-00507 applied for October 8, 2020.
The seasonal produce stand currently under construction was approved by former RMA director Mavrogenes as a continuing use and activity on the subject property. The "replacement" construction was reviewed with BLD20-00283 applied for in June of 2020 and approved February 20, 2021.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
N/A
CONTRACT NEEDED FOR THIS ITEM:
N/A
CONTRACT AND RFP HISTORY:
N/A
LAST CONTRACT AMOUNT OR N/A:
N/A
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
N/A
STRATEGIC PLAN GOALS:
BUDGETED:
N/A
Budget Adjustment Needed: N/A
Unfunded Mandate (Is this a mandate not funded by the State): N/A