San Benito County Municipal Code Ch. 19.29 General Plan and Specific Plan - Local Procedures

The following definitions shall apply to this chapter.

APPLICATION. A proposal to amend the San Benito County General Plan or to adopt or amend a Specific Plan. Unless the context requires otherwise, application shall include a proposal generated either by the County or by an interested person.

BOARD OF SUPERVISORS. The San Benito County Board of Supervisors.

COUNTY. The County of San Benito.

DWELLING UNIT. One or more rooms in a building designed for or used as a residence and constituting a separate and independent housekeeping dwelling unit.

GENERAL PLAN AMENDMENT. A partial or complete modification or change to the General Plan of the County of San Benito.

INTERESTED PARTY. Any person, partnership, corporation, limited liability company, or unincorporated association of persons.

PLANNING COMMISSION. The San Benito County Planning Commission, a planning agency created by San Benito County Code §§ 3.05.050 et seq.

PLANNING DIRECTOR. The San Benito County Building and Planning Director.

SPECIFIC PLAN. A plan which embodies the systematic implementation of the General Plan for all or part of the area covered by the San Benito County General Plan. A Specific Plan must comply with all requirements specified in Cal. Gov’t Code §§ 65450 et seq.

RESIDENTIAL DENSITY. The ratio of single-family residential dwelling units to acreage.

(1966 Code, § 30-7.0) (Ord. 819, § 1)

The purpose of this chapter is to specify local procedures, consistent with state law, governing the consideration of amendments to the County's General Plan, or the consideration of a Specific Plan or amendments thereto. Any approval granted pursuant to this chapter does not exempt an application from Chapter 21.07 of the San Benito County Code (Growth Management System).

(1966 Code, § 30-1.0) (Ord. 819, § 1)

Either the county, or any interested party, may initiate the consideration of a General Plan amendment or a Specific Plan or Specific Plan amendment. The county may initiate a General Plan amendment or consideration of a Specific Plan by formal action of the Planning Commission or the Board of Supervisors. Any interested party may apply with the Planning Department for the consideration of a General Plan amendment or for the consideration of a Specific Plan or Specific Plan amendment. Each amendment may include more than one change to the General Plan. Consequently, the Planning Director may consolidate applications in order to limit the total number of annual amendments. For purposes of this section, the adoption or amendment of a Specific Plan shall constitute an amendment of the County General Plan.

(1966 Code, § 30-2.0) (Ord. 819, § 1; Ord. 885, § 1; Ord. 1047, § 2, 2022; Ord. 1048, § 2, 2022)

(A) Filing of application. An application shall not be filed unless accompanied by the appropriate application fee, an executed agreement to pay all county costs for processing the application and a completed application in a form specified by the Planning Director.

(B) Determination of complete application. Upon the filing of an application, the Planning Department shall review the application for completeness. The Planning Department shall notify an applicant of the Planning Department's determination whether the application is complete within 30 days. The Planning Department shall notify an applicant of the Planning Department's determination.

(C) CEQA review. The Planning Director shall review all applications for compliance with the California Environmental Quality Act (CEQA).

(D) Consideration of application. The Planning Director shall schedule necessary hearings, prepare the requisite notice and staff reports and otherwise ensure compliance with all provisions of state law relevant to the consideration of amendments to General Plans or the adoption or amendment of a Specific Plan.

(E) Planning Commission review. The Planning Commission shall hold at least one public hearing to consider all applications. Notice of the public hearing shall be given pursuant to Cal. Gov’t Code § 65090. The Planning Commission shall make a written recommendation to the Board of Supervisors about the application.

(F) Board of Supervisors action upon Planning Commission's recommendation to the Board of Supervisors. After receipt of the Planning Commission's written recommendation, the Board of Supervisors shall consider the application at a public hearing. Notice of the public hearing shall be given pursuant to Cal. Gov’t Code § 65090. The actions of the Board of Supervisors shall be consistent with Cal. Gov’t Code §§ 65355 through 65358 as well as other provisions pertinent to General Plans and Specific Plans.

(1966 Code, § 30-3.0) (Ord. 819, § 1)

(A) County costs. The county shall recover all county costs of processing applications. The Board of Supervisors, from time to time, shall specify, by written resolution, the fees for the various proceedings including those authorized by this chapter.

(B) Applicant's agreement. As a condition of filing an application for any request, all applicants shall be required to enter into an agreement with the county. The agreement which shall be in a form specified by the County Counsel and approved by the Board of Supervisors, shall require the applicant to pay all costs incurred by the county in considering the application. The agreement shall further require an applicant to indemnify and defend the county from all claims or losses resulting from the consideration of the application and from the county's action thereon.

(1966 Code, § 30-6.0) (Ord. 819, § 1)