Land Use Element

AGRICULTURAL LAND USE POLICY

1. LOT SIZE POLICY: The agriculturally designated areas of the county shall be developed at a low density use (5 acre minimum lot size).

2. AGRICULTURAL LAND USE DESIGNATION POLICY: The type of uses allowed within the agriculturally designated areas shall be related to the suitability of the soil resources, climate and water supply.  The types of uses allowed on most agriculturally designated areas within the county include agriculture.  Uses subject to use permit approval 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.

3. GRADE 1 SOILS: Grade 1 soils as defined in the Soils Survey of San Benito County shall be the highest priority for protection.

4. MITIGATE DEVELOPMENT NEAR PRODUCTIVE LAND: Development proposals adjacent to Grade 1 agricultural lands and soils suitable for the production of row crops, flowers,  and/or orchards shall be required to mitigate potential land use conflicts with agricultural operations.

5. LOW DENSITY RECREATIONAL FACILITIES POLICY: Encourage the private development of participatory recreational facilities such as riding areas, camping facilities and hunting clubs.

6. AGRICULTURAL PRESERVATION POLICY: Use available legislative means to preserve agricultural areas.

7. CONSIDER LAND TRUST, TRANSFER DEVELOPMENT CREDIT PROGRAMS: It is the policy of the County to consider transfer of development credits (TDC) programs, land trusts, and purchase of development credits (PDC) programs to provide financial incentives to protect and preserve agricultural soil resources and to protect the integrity of important agricultural areas for future use.

RESIDENTIAL LAND USE POLICY

8. RESIDENTIAL DENSITIES POLICY: The residential areas of the county shall be developed at densities up to eight dwelling units per acre.  A density of 12 dwelling units  per acre to allow for affordability may be allowed provided that specified performance standards are met.  For areas with a joint city/county project or that may be annexed to a city within five years, the density standards of that jurisdiction may be used to allow for affordability.

9. RESIDENTIAL LAND USE DESIGNATION POLICY: The type of development allowed within the residential areas include residential, agricultural, and open space.  Trails, parks and public facilities, including schools and churches, may be allowed subject to use permits.

10. SEPTIC SYSTEM POLICY: Septic systems may be allowed on parcels one acre or greater if percolation tests demonstrate to the County Health Department, Division of Environmental Health, that soil is suitable for septic use.  Sewage disposal on parcels less than one acre shall not be by the use of septic systems, but shall be through a public utility service district.

11. SEPTIC SYSTEM DESIGN: Septic systems shall be properly designed, constructed, and maintained to avoid degradation of ground and surface water quality.

12. PLANNED UNIT DEVELOPMENT POLICY: The County shall utilize specific zoning tools, such as Planned Unit Developments,  to allow for clustering and density transfer as a means to provide innovative and diversified development and to avoid hazardous areas while maintaining the rural character of the county provided that the development design and density is consistent with Policy 9 and actions.

13. DEVELOPMENT IN CITIES POLICY: The County shall direct residential population growth away from areas zoned or planned for industrial use by the County or the City of Hollister or City of San Juan Bautista.

14. AIRPORT LAND USE POLICY: New development in the vicinity of airports shall be consistent with the types of land use and densities prescribed in adopted airport master plans.

URBAN LAND USE POLICY

15. MAJORITY OF DEVELOPMENT IN CITIES AND PAICINES RANCH: The majority of development with a density of 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.

16. ANNEXATION POLICY: Encourage San Juan Bautista and Hollister to annex additional lands suitable for urban uses as the demand for urban land increases.

17. URBAN SERVICE AREA POLICY: Encourage San Juan Bautista and Hollister to establish five-year Urban Service Area boundaries to identify their five-year annexation needs.

18. SPHERE OF INFLUENCE POLICY: The County shall cooperate with cities to protect land within adopted spheres of influence for future urban density.

19. COUNTY AND CITY COOPERATION POLICY: The County shall work cooperatively with the cities of San Juan Bautista and Hollister in the planning and development of land uses.

20. NEIGHBORHOOD PLANS POLICY: Allow the development of Neighborhood Plans where public interest is demonstrated to maintain and establish community identity, to coordinate traffic and circulation, to promote in-fill development where public services are already in demand, to identify recreational needs and ensure coordinated development.

COMMERCIAL LAND USE POLICY

21. DESIGNATION OF COMMERCIAL AREAS POLICY:  Designate areas of the General Plan Land Use Map for existing Neighborhood Commercial Centers in the communities of Aromas, Dunneville, and Tres Pinos,  and designate existing commercial facilities in Paicines and Panoche for Thoroughfare Commercial on the General Plan Land Use Map.

22. COMMERCIAL LAND USE DESIGNATION POLICY: 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.

23. EMPLOYMENT FROM COMMERCIAL POLICY: Recognize Neighborhood Commercial, Regional Commercial and Thoroughfare Commercial land uses as an opportunity to provide employment and revenues to the County.

24. SMALL SCALE NEIGHBORHOOD COMMERCIAL POLICY: Small scale neighborhood stores in unincorporated areas shall be allowed if a marketing study provides evidence that a local need and market exists, evidence if provided that vehicle trips and vehicle miles traveled will be reduced, and there is not an opportunity for infill commercial development nearby.

25. NEW NEIGHBORHOOD COMMERCIAL AREAS POLICY: New neighborhood commercial areas shall be permitted if located within reasonable distance of a community, is centrally located to serve a rural community that is lacking neighborhood commercial services or where the need for expanded neighborhood commercial services can be demonstrated.

26. LOCATION OF NEIGHBORHOOD COMMERCIAL POLICY: It is the policy of the County to direct neighborhood commercial services to consolidated, centrally located areas and to discourage spot commercial uses.

27. REGIONAL COMMERCIAL POLICY: Standards for siting, location, and approval of general plan amendments for Regional Commercial services shall be developed.

28. THOROUGHFARE COMMERCIAL POLICY: Approval of general plan amendments for Thoroughfare Commercial services shall be based on evidence that the property will serve nearby tourist attractions (eg, parks) or heavily traveled roadways, that adequate public services may be provided, the land use is compatible with nearby properties, and that the scenic character of the area will be maintained.

29. COMMERCIAL AND LAND USE CONFLICTS POLICY: Expansion or creation of any new commercial land uses shall mitigate incompatibility with adjoining land uses.

INDUSTRIAL LAND USE POLICY

30. LOCATION OF INDUSTRIAL LAND POLICY: 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.

31. NEW INDUSTRIAL AREAS POLICY: A general plan amendment shall be required for the establishment of new heavy industrial areas or quarries outside the areas identified for Mineral Resources in the Open Space / Conservation Element.  An environmental impact analysis shall be required for consideration of the general plan amendment to minimize near-  and long-term effects on the environment.  In some limited situations, new small scale isolated industrial operations will be allowed as overlay zoning in other land use categories.

OVERALL COUNTY DEVELOPMENT POLICY

32. DEVELOPMENT POLICY IN HAZARDOUS AREAS: Specific development sites shall be free from the hazards identified within the Open Space and Conservation Element Maps (e.g., faults, landslides, hillsides over 30% slope, flood plains).  The site shall also be on soil suitable for building and maintaining well and septic systems (.e., avoid impervious soils, high percolation or high groundwater areas, setback from creeks). Absent adequate mitigation, development shall not be located on environmentally sensitive lands (wetlands, erodable soil, archaeological resources, important plant and animal communities).

33. AVOID ENVIRONMENTALLY SENSITIVE AREAS POLICY: Specific development sites shall avoid, when possible, locating in an environmentally sensitive area (wetlands, erodable soil, archaeological resources, important plant and animal communities).

34. ORDINANCE AND REGULATION CONFORMANCE POLICY: 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. The County shall periodically update the General Plan as is necessary.

35. ENERGY CONSERVATION POLICY: The County shall encourage energy and water conservation techniques and energy efficiency in all new building design, orientation and construction.

36. DEVELOPMENT SITE AND PLANNING: The County should maintain high standards of siting and design in the development of all land uses. Standards and criteria shall be established by the County.

37. SCHOOL FACILITY POLICY: The individual and cumulative effects of development proposals that generate population growth shall be evaluated and all available means shall be used to assist full mitigation of school facility impacts.

38. GROWTH MANAGEMENT AND AFFORDABLE HOUSING POLICY: The County shall develop a growth management program that will encourage housing for families meeting the state definition of very low income, low income, moderate income, and above moderate income.  Furthermore, the program shall include incentives to encourage housing for first-time home buyers and senior citizens (with income of moderate or less).

39. PREPARE GROWTH MANAGEMENT PROGRAM WITH PERIODIC REVIEW: The County shall develop a growth management program that will include periodic review to improve the program over time. Included in the review will be an assessment of the gap between median home purchase price compared to the median income in the County.

40. PREPARE GROWTH MANAGEMENT PROGRAM: The County shall explore options for a growth management program that will provide an adequate level of protection for public health, safety, general welfare and governmental services which may include but not be limited to an allocation program, rolling year average population cap, performance standards, geographic growth areas, short-  and long-term financing techniques.