Affordable Housing Regulations Ordinance Update


SCH Number
Public Agency
San Benito County
Document Title
Affordable Housing Regulations Ordinance Update
Document Type
NOE - Notice of Exemption
Document Description
The Affordable Housing Regulations have been amended to include the dissolution of the Housing Advisory Committee from San Benito County’s Committee Roster and as a review component of the Affordable Housing Plan workflow. Additional amendments include a stipulation which requires developers, when a residential development is proposed outside of a 10-mile radius of a San Benito County incorporated city, to construct the development’s corresponding affordable units off-site within 10-miles of a San Benito County incorporated city. The final amendment to the ordinance includes an updated inclusionary percentage breakdown for off-site rental units at 24 lots or more. The total 20% allotment will be divided into 7.5% for very low-income units, 7.5% for low-income units, and 5% for moderate-income units.

Contact Information

Stephanie Reck
Agency Name
San Benito County Planning Department
Job Title
Associate Planner
Contact Types
Lead/Public Agency


Unincorporated Area
San Benito
Other Location Info
This is a county ordinance that is for the unincorporated area of San Benito.

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
§15061(b)(3), §15183, § 15162 (a)(1) – (3)
Reasons for Exemption
Finding: Pursuant to San Benito County Local Guidelines for the California Environmental Quality Act, this project qualifies for an exemption from CEQA under State CEQA Guidelines Categorical Exemptions (California Code of Regulations §15061(b)(3), §15183, § 15162 (a)(1) – (3) Evidence: The revision of the San Benito County Affordable Housing Regulations, San Benito County Code Title 23 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 Affordable Housing Regulations 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 affordable housing regulations ordinance on a programmatic level to implement the Principles, Goals, Policies, Standards, Programs, and Implementation Measures 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


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