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San Benito County sets Dec. 16 hearing, Jan. 13 second reading after planning commission denies rezones
Summary
After the planning commission voted 4-1 against rezoning 12 parcels, the Board of Supervisors voted 5-0 to set a Dec. 16 public hearing and a Jan. 13 second reading, re-notice property owners and notify HCD to avoid procedural challenges and potential loss of competitive grants.
The San Benito County Board of Supervisors voted 5-0 on Dec. 2 to set the first public hearing on amendments to the county's housing element for Dec. 16 and to hold the second reading and adoption at the board's Jan. 13 regular meeting, after the planning commission denied the rezones by a 4-1 vote.
County staff told the board the county is currently out of compliance with the California Department of Housing and Community Development (HCD) requirements and must complete rezoning of 12 parcels before HCD will certify the housing element. "We are out of compliance as of today," a county official said during the meeting. Staff said prior communications with HCD and submission timelines included a target certification this month and warned that failing to adopt the rezones could jeopardize competitive grant funding.
The board heard competing arguments about pace and process. Supervisor Sotelo said residents in the 300-foot notice radius reported they had not received mailed notices and urged more time for public input, saying, "I feel like we are opening ourselves up to litigation." County Counsel advised a conservative approach: re-notice affected property owners, hold the required public hearing on Dec. 16 and schedule the second reading at the Jan. 13 regular meeting so the board could "eliminate any procedural perceived or otherwise deficiencies that could result in litigation."
Other supervisors stressed grant and development risks. Supervisor Velasquez said moving slowly could invite developers to use state remedies to pursue projects the county opposes, warning that the county risked losing grants and control: "We have $11,000,000 that's basically owed to us" and "Builder Remedy kicks in," he said. Planning staff described past consequences from the county's uncertified housing element, including a $2.7 million CDBG facilities grant the county could not pursue and an estimated $400,000 in missed PLHA funds.
County Counsel outlined a five-step plan the board adopted: set the Dec. 16 public hearing; set the second reading for Jan. 13; re-notice property owners within the 300-foot buffer; reissue required public notices; and send a letter to HCD documenting the board's actions and timeline. The motion to follow County Counsel's recommendation passed 5-0.
The board's action does not itself adopt rezones or the housing element; it schedules the next hearings and commits to additional public notice and communication with HCD. County staff said the re-noticing and the added explanation to HCD are intended to reduce procedural exposure while demonstrating the county's effort to comply with state requirements and pursue grant opportunities.
The county also discussed the technical elements behind its proposal, including a planning "buffer" to ensure unit totals meet HCD's calculations, and that roughly half of the rezoned unit target comes from previously approved "pipeline" projects. Staff and supervisors repeatedly emphasized that rezoning is an accommodation requirement for certification, not a mandate to build.
The board will reconvene on Dec. 16 for the public hearing; the second reading and possible adoption are scheduled for Jan. 13, 2026, per the board's vote.
