San Benito County, California, Measure K, Land Use Referendum (March 2020)

The San Benito County Board of Supervisors approved Ordinance No. 991 on September 24, 2019, which amends the zoning regulations to include new provisions for the approximate total of 300 acres of Regional Commercial (C-3) zoned lands located at four separate interchanges along Highway 101. The regulations are intended to implement the Regional Commercial Land Use policies and standards included in the 2035 San Benito County General Plan that was adopted in 2015 with the objective of capturing tax revenue from Highway 101 travelers, promoting San Benito County local history and economy (e.g. agriculture, wineries, recreation), and marketing locally-produced agricultural products.

A timely submitted referendum petition protesting Ordinance No. 991 was certified with sufficient signatures of voters registered in San Benito County and presented to the Board of Supervisors on November 19, 2019. The Board of Supervisors then adopted a resolution ordering that Ordinance No. 991 be submitted to the voters on the March 3, 2020 Primary Election ballot. If a majority of San Benito County voters casting a ballot in that election vote to approve Ordinance No. 991, the ordinance will take effect. If less than a majority vote to approve the measure, the ordinance will be defeated. If the ordinance is defeated, the Board of Supervisors could then be required by state law (Gov. Code § 65860) to adopt other zoning regulations to be consistent with and implement the General Plan, or the Board could choose to amend the General Plan.

If Ordinance No. 991 is adopted by the voters, the Regional Commercial (C-3) zoning regulations will be included in the San Benito County Code. Generally, those regulations limit permitted uses to agriculture, grazing, and uses allowed by right in the Agriculture and Rangeland (AR) District, unless a site plan, conditional use permit or a Master Development Plan is approved by the Planning Commission for any type of commercial development. The maximum development permitted at any one of the four C-3 zoned areas is just under 12 acres of commercial structures if fully developed for all use types, including: up to 2.3 acres (i.e., a square 316.23 ft on each side) of retail commercial, up to 125 hotel rooms of no more than 750 square feet each – 8.6 acres if all single story; and, less than one acre with no more than 30 residential units of up to 1,400 square feet each The areas zoned C-3 total just under 300 acres: Betabel 29 acres Hwy 129 33 acres Livestock 101 159.3 acres Rocks Ranch 77.3 acres The site-specific environmental or fiscal impact of any proposed commercial development at any of the nodes cannot be determined until the location, type, and extent of a proposed project is submitted as part of a site plan, conditional use permit or Master Development Plan application to the County Planning Department.

A 'Yes' vote is for the adoption of Ordinance No. 991. A 'No' vote is against the adoption of Ordinance No. 991.^[2]