Title 21 (Building and Engineering) Chapter 21.04 (Local Tenant Preference)
Summary
SCH Number
2025110740
Public Agency
San Benito County
Document Title
Title 21 (Building and Engineering) Chapter 21.04 (Local Tenant Preference)
Document Type
NOE - Notice of Exemption
Received
Posted
11/19/2025
Document Description
Chapter 21.04 (Local Tenant Preference) added to Title 21 (Building and Engineering), including Sections 21.04.001 (Purpose), 21.04.002 (Scope), 21.04.003 (Preferences), 21.04.004 (Implementation of Preference Policy), 21.04.005 (Limitations), and 21.04.006 (Regulations) establish San Benito County’s resident and workforce preference policy for affordable housing units. The local tenant preference will apply to any San Benito County resident, including individuals who are displaced from their households, a neighborhood resident of a new project, local workers and school district employees, individuals with high rent or household costs, residents with children in a school district, agricultural employees, seniors, individuals with disabilities, veterans, public safety employees and first responders, and health care providers. The local tenant preference will apply to all projects that result in five (5) or more detached units, projects that restrict occupancy to occupancy by sale or rent to lower-income households, projects that receive development assistance from the County for new construction or substantial rehabilitation, and any affordable units produced pursuant to County Code Chapter 21.03 (Affordable Housing Regulations).
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
Categorical Exemption
Type, Section or Code
§15061(b)(3), §15183, §15162(a)(1)-(3)
Reasons for Exemption
Finding: Pursuant to the 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 Code Title 21 as adopted in this Ordinance does not have the potential for causing a significant effect on the environment and therefore the activity is not subject to CEQA, as provided in the “common sense” exemption §15061 (b)(3). The Title 21 addition is 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. 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 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 Title 21 on a programmatic level to implement the Principles, Goals, Policies, Standards, Programs, and Implementation Measures have 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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