Chapter 25.03 — ZONING MAP AND ZONING DISTRICTS

Zones have been established to classify, regulate, and restrict the uses of land and buildings; regulate and restrict the height and bulk of buildings; regulate the area of yards and other open spaces about buildings; and regulate the density of people.

(Ord. 1043 § 3 (part), 2022)

(A) The boundaries of the zones established by this title are not included in this title but are shown on the official zoning map maintained by the Planning Division. The official zoning map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the Board of Supervisors and are hereby incorporated into this code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

(B) A digital version of the official zoning map is available on the County’s web site. (Ord. 1043 § 3 (part), 2022)

(A) The county is divided into zones to allow for orderly, planned development and to implement the general plan. (B) Table 25.03-A (Zones Implementing the General Plan) identifies all zones in San Benito County. All zones shall be listed and appropriately designated on the official zoning map.

(1) Base zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use.

(2) Specific plan zones. Adopted specific plans located in the county are identified in Chapter 25.06 of this code. (3) Combining zones. A combining zone supplements the base zone for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the combining zone regulations, the provisions of the combining zone shall apply. Combining zones and their regulations are in Chapter 25.04 of this code. Table 25.03-A

Zones Implementing the General Plan

(Ord. 1043 § 3 (part), 2022)

(A) (1) The intent of the agricultural zones is to maintain the productivity of agricultural land, especially prime farmland, as well as maintain open space and grazing in more remote areas of the county. The rural zones are intended to serve as a transitional area between agricultural to rural areas and rural to urban areas. Single-family dwellings,

accessory dwellings and farm worker housing are allowed in these zones, as appropriate for the level of available infrastructure.

(2) These zones implement the agriculture land use designation of the general plan.

(B) Agricultural Rangeland (AR) District — Intent. The intent of this district is to provide for areas within the county to be used for agricultural rangeland purposes as set forth in the general plan. Very low-density residential development and farmworker housing are permitted due to the lack of public infrastructure and for the preservation of open space and agriculture.

(C) Agricultural Productive (AP) District — Intent. The intent of the AP district is to provide for areas within the county to be used for agricultural production of any type as set forth in the general plan, including agriculture support uses, vineyards, wineries and winery supporting land uses. Low-density residential uses, and the preservation of prime farmland. Low-density and farmworker housing are also permitted.

(D) Rural (R) District — Intent. The intent of this district is to allow very low-density residential development in areas within the county that are not primarily suited for agricultural uses, and lack infrastructure needed for higher density development. The R zone is intended to provide areas for mixtures of housing and small-scale agricultural uses.

(E) Rural Transitional (RT) District — Intent. The RT district is intended to provide a buffer of rural development between areas of residential development and agricultural areas in order to minimize the conversion of agricultural lands to urban uses.

(F) AR, AP, R, and RT permitted uses. The following table designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in an AR, AP, R, and RT districts. These uses apply to every lot and building site in the AR, AP, R, and RT zoning districts, except where modified by a combining zone. Table 25.03-B

Land Uses - Agricultural Zones

Note 2: Farmworker housing provided by an employer must comply with all provisions of Cal. Health and Safety Code § 17008(a). Farmworker housing provided by someone other than an agricultural employer must comply with all provisions of Cal. Health and Safety Code § 17008(b).

(G) Agricultural and rural district development standards. Table 25.03-C establishes the basic development standards for the agricultural and rural zones. Development standards for specific uses are provided in Chapter 25.08. The regulations in this section apply to every lot and building site in the AR, AP, R, and RT zoning districts, except where modified by a combining zone.

Table 25.03-C

Development Standards - Agricultural Zones

1. Accessory dwelling units do not count toward density. See § 25.08.002.

2. R & RT zones - in state responsibility area, a vegetation clearance easement may be required for defensible space for firefighting, see County Fire Department.

(Ord. 1043 § 3 (part), 2022)

(A) The intent of the residential districts is to provide for a range of housing types consistent with the general plan and other compatible land uses that will support and enhance the residential environment.

(B) Rural Residential (RR) District - Intent.

(1) The RR zone is intended to provide areas of mixtures of housing and limited agricultural uses. The singlefamily dwelling is the primary use while agricultural uses are intended to be of secondary importance. This category applies to areas in proximity to urban services. The density of this zone shall be a maximum of one dwelling unit per acre, unless a public sewer and public water service is available or the municipality accepts wastewater treatment responsibility, at which point the minimum net parcel size may be reduced to one-half acre. The following regulations

except to the extent they may be modified by this title or by a combining or overlay district, shall apply to every lot and building in the RR district.

(2) Development applications are by county policy referred to the city that would provide services to the project.

(C) Residential districts.

(1) These residential districts are established to provide areas in suitable locations for the various types of dwelling accommodations needed in the county and to provide a means of regulating the density and distribution of the population in conformance with the general plan.

(2) There are two residential zones which implement the residential mixed land use designation of the general plan:

• (a) Single-family residential; or

• (b) Residential multiple.

• (D) Single-Family Residential (R-1) District.

(1) The intent of the R-1 district is to provide primarily for the development of single-family neighborhoods, with appropriate supporting uses. Attached or multi-family housing is not permitted, except for accessory dwelling units and where state law mandates approval of these types of housing.

(2) Development intensity is established in part by the availability of public water and sewer service. In areas where both are available, smaller lot sizes can be created. Where one or both is not available, lot sizes will be limited by the availability of local soils and underground water to provide sufficient capacity consistent with the Building Code and other health regulations.

(E) Residential Multiple (RM) District - Intent and application of article.

(1) The intent of the RM district is to allow for areas of multiple-family dwellings, in areas already developed to urban density, as well as having utility services to allow this density to continue. This will allow unincorporated pockets of urban concentration to occur where public sewer and water, as well as circulation, other utilities and services exist or can be provided.

(2) This zoning designation is to be located where commercial services, recreational facilities and public services, such as shopping and health care, are available within a reasonable distance. The following regulations, as set out in this article, except to the extent that they may be modified by a combining or overlay district, or any adopted specific plan, shall apply to every lot and building site in an RM district.

(3) An adopted specific plan may establish, without limitation, a separate list of permitted and conditionally permitted land uses, site development standards, height and coverage limitations and building setbacks for all land within the boundaries of the specific plan.

(4) Development intensity is established in part by the availability of public water and sewer service. In areas where both are available, smaller lot sizes can be created. Where one or both is not available, lot sizes will be limited by the availability of local soils and underground water to provide sufficient capacity consistent with the Building Code and other health regulations.

(F) RR, R-1, and RM permitted uses. The following table designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in an RR, R-1, and RM districts. These uses apply to every lot and building site in the RR, R-1, and RM zoning districts, except where modified by a combining zone.

Table 25.03-D

Land Uses - Residential Zones

P = Permitted Use A = Administrative Use Permit Required C = Conditional Use Permit Required “—” = Use Not Allowed

All new structures require review, per Chapter 25.02 of this code

(G) Residential district development standards. The following table establishes the basic development standards for the rural residential and urban residential zones. Development standards for some specific uses are provided in Chapter 25.08 of this code. These standards apply to every lot and building site in the RR, R-1, and RM zoning districts, except where modified by a combining zone.

Table 25.03-E

Development Standards - Residential Zones

(Ord. 1043 § 3 (part), 2022)

(A) The intent of the C-1 and C-2 districts is to provide for commercial development that is compatible with other land uses and will conveniently and effectively serve the needs of the people. The objective is to encourage commercial services to meet the needs of rural citizens as well as the needs of the weekend or recreational uses.

(B) Commercial Thoroughfare (C-1) District — Intent. The C-1 district implements the commercial thoroughfare land use designation of the general plan, which seeks to:

“… provide commercial services for motorists near highway interchanges, along thoroughfares, and near Federal, State, and regional parks, and other tourist attractions to capture pass-through traffic, and to allow for commercial uses that serve the agricultural and rural unincorporated community. These uses could include small shopping centers, truck and automobile stations, and tourist-serving commercial uses.”

The purpose of this designation is to provide areas that function as destinations for commercial activity serving the regional population. This designation intends to accommodate the location of such commercial uses at key intersections along Interstate 101 and other major State Routes. These uses could include shopping centers, truck and automobile stations, tourist-serving commercial uses, and hotels/motels.”

(1) The C-1 zoning district allows the establishment of businesses offering accommodations, supplies or services especially to motorists, and for certain uses such as commercial amusement and specialized automotive and related sales and service establishments which serve persons coming to them from large trading areas by automobile.

(2) These uses ordinarily do not seek locations in shopping centers, and therefore, must be provided at independent locations. The C-1 district, when appropriate, will be located along major thoroughfares. Special development standards are incorporated in the district regulations in order to provide for orderly development and to minimize traffic hazards.

(3) The following regulations apply to every lot and building site in a C-1 district, except where modified by a combining zone.

(C) Neighborhood Commercial (C-2) District — Intent. The C-2 district implements the commercial neighborhood land use designation of the general plan, which seeks to:

“… provide convenience goods within or near communities or other concentrations of population. This designation intends to reduce unnecessary vehicular trips to commercial centers in the cities of Hollister and San Juan Bautista and outlying cities in other counties, encouraging a focus on local businesses, with a destination retailer or restaurant. This designation also allows mixed-use developments that could include residential, retail, and office uses.”

(1) The C-2 zoning district is specifically intended to establish and provide centers for convenient shopping to residential neighborhoods.

(2) The following regulations apply to every lot and building site in a C-2 district, except where modified by a combining zone.

(D) C-1 and C-2 permitted uses. The table below designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in C-1 and C-2 districts.

Table 25.03-F

Land Use Regulations - Commercial Zones

“P”= Permitted Use “A”= Administrative Use Permit Required “C”= Conditional Use Permit Required “—” = Use Not Allowed All new structures require review, per Chapter 25.02 of this code

(E) Commercial district development standards. The table below establishes the basic development standards for the C-1 and C-2 zones.

Table 25.03-G

Development Standards - Commercial Zones

1. In C-1 zone - in state responsibility area, a vegetation clearance easement may be required for defensible space for firefighting, see County Fire Department.

2. In C-1 zone - a commercial use abutting a residential use shall provide a ten- foot screened and landscaped setback buffer. Walls shall be not less than five feet nor more than eight feet in height.

(Ord. 1043 § 3 (part), 2022)

(A) The BP, M-1, and M-2 districts are intended to provide specialized areas where industrial uses can be located in a setting which will preserve and enhance the existing environment and where such uses will be compatible with other uses. These zoning categories implement the industrial light and industrial heavy land use designations of the general plan.

(B) Business Park (BP) District — Intent. The business park district is intended to provide specialized areas where industrial uses of high quality can be located in a park-like setting which will preserve and enhance the existing environment and will be compatible with multiple residential and institutional uses.

(C) Light Industrial (M-1) District — Intent. The M-1 district is intended to allow light industrial development near existing transportation systems (e.g., highways, rail, air). This includes: warehouses, contractor yards, nurseries, lumber yards, auto repair shops, light manufacturing and/or assembly, and research and development operations that do not cause significant environmental hazards or create major pollution.

(D) Heavy Industrial (M-2) District — Intent.

The M-2 district is intended to provide areas for heavy industrial activities that are not suitable for urban areas because of their size, noise, dust, traffic, or safety concerns. This could include large-scale manufacturing operations, mining and aggregate production facilities, recycling transfer centers, chemical and explosives manufacturing, or other similar uses.

(E) BP, M-1 and M-2 permitted uses. The table below designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in BP, M-1 and M-2 districts. The regulations in this section apply to every lot and building site in the BP, M-1 and M-2 zoning districts, except where modified by a combining zone. Table 25.03-H

Land Use Regulations -Industrial Zones

“P” = Permitted Use “A” = Administrative Use Permit Required “C” = Conditional Use Permit Required “—” = Not Allowed

All new structures require review, per Chapter 25.02 of this code

(F) Industrial district development standards. The table below establishes the basic development standards for the light and heavy industrial zones. Development standards for specific uses are established in Chapter 25.08 of this code.

Table 25.03-I

Development Standards - Industrial Zones

(G) Industrial district special regulations. In the BP, M-1, and M-2 districts, any building type is permitted if permitted by other regulations.

(Ord. 1043 § 3 (part), 2022)

(A) The purpose of the public/quasi-public districts is to provide for needed community and infrastructure supporting services. This designation is typically applied to lands owned by the County or other public agencies. These zoning districts implement the public/quasi public land use designation of the general plan.

(B) Public/Quasi-Public (PQP) District — Intent. The PQP district is intended to provide for the public and quasipublic uses, including public facilities and services. This designation applies to the following uses: schools, landfills, recycling, resource recovery, government lands (non-parkland), sewage treatment plants, fire stations, sheriff stations/substations, jails, libraries, energy generation and distribution, water distribution, and public meeting halls, and other similar uses related to the operation of county government services.

(C) Resource Recovery Park (RRP) District — Intent.

(1) The RRP District is intended to provide specialized areas where diverted material resources from local and regional waste streams are directed to a controlled, central facility where recycling, co-locating reuse, manufacturing, and both wholesale and retail businesses can develop and thrive. The following regulations shall modify the regulations of the base zone with which the RRP district is combined within San Benito County. Except as modified herein, the base zone regulations apply.

(2) The purposes of the RRP district are as follows:

(a) To provide economic development opportunities through materials management, thereby facilitating job creation in the green economy;

(b) To further the public health, safety and general welfare in a time of increasing waste generation, emphasizing material diversion requirements and promoting the growing demand for the recycling and reuse of resources diverted from local and regional waste streams;

(c) To encourage innovations in the manufacturing of value-added products that are created from materials diverted from landfills;

(d) To create greater opportunities for the reuse of discarded materials to extend their useful life and conserve waste disposal space;

(e) To encourage energy-producing businesses that use recycled materials, such as landfill gas, biomass, anaerobic digestion and renewable energy sources;

(f) To centralize the county’s waste disposal, waste diversion, waste materials reuse, waste materials recycling and waste materials remanufacturing activities to reduce traffic and circulation effects and to reduce greenhouse gas generation;

(g) To provide a campus setting where the type, design and layout of development to the particular site and the particular demand for recycled materials can be developed in a unified and complimentary manner while preserving the property uses and values within adjacent areas; and

(h) To provide a modern and convenient household hazardous waste and electronics recycling facility for county residents.

(D) PQP and RRP permitted uses. The following table designates uses are permitted, administratively permitted, conditionally permitted, or prohibited in RRP and PQP districts.

Table 25.03-J

Land Use Regulations - Public/Quasi-Public Zones

(E) Public/quasi-public district development standards. The following table establishes the basic development standards for the RRP and Public/Quasi-Public zones.

Table 25.03-K

Development Standards - Public/Quasi-Public Zones

(F) Special regulations for RRP. Any building type is permitted if permitted by other regulations set forth in this title. Effort shall be made to reflect the architecture of its surroundings. (Ord. 1043 § 3 (part), 2022)