Zoning Code Update
Summary
SCH Number
2022070007
Public Agency
San Benito County
Document Title
Zoning Code Update
Document Type
NOE - Notice of Exemption
Received
Posted
7/1/2022
Document Description
The new Zoning Code sections have been reorganized by grouping similar topics
together into 9 chapters to make them easier to find, putting all administrative functions are now in one section, added chapter for Specific Use standards, eliminated redundant sections, added numerous explanatory illustrations, moving topics into a more logical order—like topics grouped together, added tables for permitted uses and development standards, revised and simplified permitted and conditional uses, especially to streamline review and approval of agricultural uses,
eliminated some types of permits that were seldom or never used, added sections required by changes in state law including Accessory Dwelling Units pursuant to Government Code § 65862.2; and to provide specific guidance to staff, the public, and businesses on these topics.
Contact Information
Name
Arielle Goodspeed
Agency Name
San Benito County Resource Management Agency
Job Title
Principal Planner
Contact Types
Lead/Public Agency
Phone
Email
Location
Counties
San Benito
Regions
Countywide, Unincorporated
Other Location Info
County-wide ordinance, applies to the entire County
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
§15061(b)(3), §15183, § 15282 (h), § 15162 (a)(1) – (3)
Reasons for Exemption
The revision, reorganization, and recodification of the San Benito County Zoning Code, San Benito County Code Title 25 as adopted in this Ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, as provided in the “common sense” The zoning ordinance amendments which are the subject of this action are consistent with the 2035 San Benito County General Plan for which an EIR was certified, and are therefore subject to the provisions of 14 C.C.R. § 15183, in that no additional environmental review shall be required. exemption set forth in CEQA Guidelines, 14 C.C.R. § 15061 (b)(3). In accordance with CEQA Guidelines 14 C.C.R. § 15183, projects that are consistent with development density established by general plan policies for which an EIR has been certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In this regard, the Board of Supervisors finds:
a. There are no environmental effects that are peculiar to a specific project or the parcel on which a project would be located. b. Amendment of the zoning ordinance on a programmatic level to implement the Principles, Goals, Policies, Standards, Programs, and Implementation Measures has DocuSign Envelope ID: 143FBE5B-C19C-4967-B3CC-A97B16362CAA - 9 - no significant effects that were not analyzed in the prior EIR certified for the adoption of the General Plan. c. There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan. d. There is no substantial new information which was not known at the time the EIR was certified that previously identified significant effects would have a more severe adverse impact than discussed in the prior General Plan EIR. e. All feasible mitigation measures identified in the prior General Plan EIR will be undertaken On July 21, 2015 the San Benito County Board of Supervisors certified the adoption of a programmatic Environmental Impact Report (EIR) for the adoption of the 2035 San Benito County 2035 General Plan by the adoption of Resolution No. 2015-58. No subsequent EIR shall be prepared for a project unless there is substantial evidence in light of the whole record that one or more of the circumstances set forth in CEQA Guidelines, 14 C.C.R. § 15162 (a)(1) – (3) have been determined to have occurred.
Exempt Status
Categorical Exemption
Type, Section or Code
§15061(b)(3), §15183, § 15282 (h), § 15162 (a)(1) – (3)
Reasons for Exemption
The revision, reorganization, and recodification of the San Benito County Zoning Code, San Benito County Code Title 25 as adopted in this Ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, as provided in the “common sense” The zoning ordinance amendments which are the subject of this action are consistent with the 2035 San Benito County General Plan for which an EIR was certified, and are therefore subject to the provisions of 14 C.C.R. § 15183, in that no additional environmental review shall be required. exemption set forth in CEQA Guidelines, 14 C.C.R. § 15061 (b)(3). In accordance with CEQA Guidelines 14 C.C.R. § 15183, projects that are consistent with development density established by general plan policies for which an EIR has been certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In this regard, the Board of Supervisors finds:
a. There are no environmental effects that are peculiar to a specific project or the parcel on which a project would be located. b. Amendment of the zoning ordinance on a programmatic level to implement the Principles, Goals, Policies, Standards, Programs, and Implementation Measures has DocuSign Envelope ID: 143FBE5B-C19C-4967-B3CC-A97B16362CAA - 9 - no significant effects that were not analyzed in the prior EIR certified for the adoption of the General Plan. c. There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan. d. There is no substantial new information which was not known at the time the EIR was certified that previously identified significant effects would have a more severe adverse impact than discussed in the prior General Plan EIR. e. All feasible mitigation measures identified in the prior General Plan EIR will be undertaken On July 21, 2015 the San Benito County Board of Supervisors certified the adoption of a programmatic Environmental Impact Report (EIR) for the adoption of the 2035 San Benito County 2035 General Plan by the adoption of Resolution No. 2015-58. No subsequent EIR shall be prepared for a project unless there is substantial evidence in light of the whole record that one or more of the circumstances set forth in CEQA Guidelines, 14 C.C.R. § 15162 (a)(1) – (3) have been determined to have occurred.
County Clerk
San Benito
Attachments
Notice of Exemption
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