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At their May 28 meeting, the San Juan Bautista Urban Growth Boundary Sphere of Influence Committee (UGB/SOIC) reviewed a draft memorandum of understanding with the San Benito Board of Supervisors which would allow the city to have input into proposed developments on county property outside both the city limits and its sphere of influence, which matches the city boundary.
If passed by the UGB/SOIC and the City Council, it will move on to the San Benito County Board of Supervisors for approval.
The memorandum defines three different areas within the planning area as tiers of varying interest levels. The idea was originally proposed by committee members Dan De Vries and Chris Martorana at the Dec. 13, 2023 meeting.
In an interview with BenitoLink, De Vries described the planning area as an “expression by this city saying that the area around us is an area that we care about” and that the city would like to have a say in what happens there.
“The committee started with the proposition that the closer a proposed development is to San Juan the more San Juan cares about it,” De Vries said. “It stands to reason that the further away a development is, the less we care.”
De Vries said he and Martorana were motivated to suggest the agreement after the city shrank its sphere of influence to the line defining its city boundary and created its Urban Growth Boundary, a land use tool aimed at limiting areas around the city that can be developed.
“We created that line,” De Vries said. “But that is not to say we don’t care about development right on our doorstep. Obviously, the next question is ‘What happens beyond that line?’”
The three tiers he proposed label the area closest to the city as the most restrictive to development and would involve the San Juan Bautista Planning Commission (SJBPC). The middle tier allows the city some influence on development but mostly defers to the county’s process. The tier furthest away would be of only minimal interest, and the city would completely defer to the county.
“San Juan only has jurisdiction over that which occurs within its city limits,” he said. “Twenty feet on the other side of the city limit line, San Juan doesn’t have jurisdiction; the county does.”
De Vries stressed that the city has had a great relationship with the county regarding planned developments, and the county would always let the city weigh in on any proposals.
“We are not building this on the premise that the county is trying to shove something down our throats,” he said. “It is more based on what might happen if that is no longer true. We want to address that ahead of any problems with a formal agreement.”
Tier A (Yellow), defined by De Vries and Martorana as the “closest and most important” is the area contiguous to the city limits and its sphere of influence. The process for approval of any development would be:
1. An application is filed with the county.
2. The county forwards the application to the SJBPC for processing as the lead agency.
3. The applicant meets with the San Juan Bautista Planning Commission (SJBPC) and receives the city’s list of approved outside planning firms (vendors) to process the application.
4. The applicant works directly with the city on any required development review.
5. The SJBPC and the City Council would both need to approve any development in the first-tier areas.
The original proposal included a provision for appealing a denial of the application to the Board of Supervisors. That language does not exist in the final document.
Tier B (Orange), defined by De Vries and Martorana as of “moderate importance,” makes up the bulk of the planning area. The process for approval would be mostly guided by the county:
1. An application is filed with the county and forwarded to the SJBPC.
2. The county processes the application, including all California Environmental Quality Act (CEQA) compliance.
3. The proposed development is presented to the SJBPC for consideration.
4. A vote of approval will serve as a recommendation to the county. A negative vote can be appealed to the city council.
5. The county will provide final approval.
Tier C (Blue), defined by De Vries and Martorana as of “the least amount of importance,” comprises the furthest properties in the planning area. The process would be almost entirely guided by the county:
1. The county will be the lead agency for evaluating and approving any development applications.
2. Developers are required to notify both the city and county of their plans.
3. No requirement exists to seek approval from the city unless required by the county.
4. Developers will work directly with the county on any necessary reviews.
The committee asked city attorney Jon R. Giffen to prepare and present the final document, which will occur during a special meeting on June 5 at 6 p.m. Residents may attend in person at City Hall, via Zoom at Webinar ID 833 4164 0938, or telephonically at (669) 900-6833.
The May 28 meeting began with Martorana acknowledging the resignation of Mayor Scott Freels from the committee, which took place during the May 21 City Council meeting. Freels mentioned his discomfort with what he perceived to be violations of the Brown Act and previously asked Giffen to investigate.
Reynolds said that Giffen had concluded that no violation existed but that Freels “didn’t really care about the attorney’s findings and did not want to be part of what he perceived as misbehavior.”
This article has been edited to reflect the contribution of Chris Martorana. BenitoLink regrets the omission.
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