Title 23 Subdivision Ordinance Amendments
Summary
SCH Number
2025090205
Public Agency
San Benito County
Document Title
Title 23 Subdivision Ordinance Amendments
Document Type
NOE - Notice of Exemption
Received
Posted
9/5/2025
Document Description
The proposed ordinance amends the following sections of Title 23 (Subdivisions) of the San Benito County Code: § 23.01.004 (Definitions) – adding a definition for “frontage” and “urban-level services”; § 23.17.002 (Standards for Improvement) – adding required improvements for sidewalks, curbs, gutters, and the undergrounding of utilities for areas which call for urban-level services; § 23.17.003 (Required Improvement) – adding that (1) for subdivisions of 5 or more lots: (i) required dedication and improvements for the full width of the road along the property frontage; (ii) for subdivisions of 5 to 50 lots, requiring a traffic nexus study; (iii) for subdivisions of more than 50 lots, in addition to a traffic nexus study, language regarding potentially entering into a development agreement; (iv) traffic control devices required where necessary for circulation and public safety; (v) where required to dedicate land for trails or bikeways, improvement of the same; (2) for 4 or fewer lots: (i) required dedication and improvements for half the width of the road along the property frontage; (ii) required driveway improvements; (iii) traffic control devices where necessary to ensure traffic safety and circulation; (iv) where required to dedicate land for trails or bikeways, improvement of the same; (v) construction of reasonable off-site and on-site improvements; and (3) improvements shall not include private property not owned by the applicant or the County; and fulfillment of construction requirements are not required until approval for development is issued, with certain exceptions.
Contact Information
Name
Stephanie Reck
Agency Name
Resource Management Agency - Planning Department
Job Title
Senior Planner
Contact Types
Lead/Public Agency
Phone
Location
Cities
Unincorporated San Benito County
Counties
San Benito
Regions
Southern California
Other Location Info
County-wide ordinance
Notice of Exemption
Exempt Status
Other
Type, Section or Code
§15061(b)(3), §15183, §15162(a)(1)-(3)
Reasons for Exemption
Pursuant to San Benito County (SBC) Local Guidelines this project qualifies under State CEQA Guidelines Categorical Exemptions (CCR §15061(b)(3), §15183, § 15162 (a)(1) – (3)). Evidence: The revision of the SBC Subdivision Code Title 23 as adopted in this Ordinance can be seen with certainty there is no possibility 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” exemption set forth in CEQA Guidelines, 14 C.C.R. § 15061 (b)(3). The Subdivision amendments are consistent with the 2035 SBC General Plan (GP) for which an EIR was certified and are therefore subject to the provisions of 14 C.C.R. § 15183 as projects that are consistent with development density established by GP 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 County 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 Subdivision ordinance on a programmatic level to implement the GP have no significant effects that were not analyzed in the prior EIR certified for the adoption of the GP. C) There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared. 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 GP EIR. E) All feasible mitigation measures identified in the prior GP EIR will be undertaken On July 21, 2015, the SBC Board of Supervisors certified the adoption of a programmatic EIR for the adoption of the 2035 SBC GP by the adoption of Resolution No. 2015-58. No subsequent EIR shall be prepared for a project unless there is substantial evidence 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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