Profiled 5-6-24
San Benito County, California, population 64,209 (2020), is a largely agricultural community located roughly 40 miles south of San Jose.
In 2010, San Benito County adopted a transfer of development credits program aimed at preserving farmland, reducing the cost of building and maintaining public services in rural areas, and protecting the county’s rural character, open space, historic resources, and scenic areas.
Zoning Code Chapter 21.09: Transfer of Development Credits states that transfers cannot reduce or increase the number of existing rights.
Sending areas include all land zoned AP, R, and AR that are not designated receiving areas, not within the planning area of the City of Hollister and not within the Sphere of Influence of the City of San Juan Bautista. Owners considering participation submit enough topographic and geologic evidence to certify the number of buildable units allowed to a sending site. Those owners choosing to proceed submit a map prepared by a registered civil engineer showing topography, fault zones, flood plains, existing homes, and prior easements.
With some exceptions, one full TDC is allocated per five acres minus one TDC for each existing residence. Three additional bonus TDCs are assigned for each five acres in an AP or R zone and each 40 acres in an AP zone that have been designated Open Space and Agricultural Lands of Significance to the Community. Normal rounding calculations are used to create whole TDCs. The county records a document certifying TDCs and amends that document as credits are added or deleted. TDCs can be purchased by anyone and held for resale.
Receiving areas can be designated in the county’s RU, RR (2 DU/acre), Urban, and Area of Special Studies districts where they will minimize negative impact. Receiving areas can also be located within the City of Hollister in the event of joint approval by the city and the county. Transfers and the price paid for credits must be reported to the Planning Department of San Benito County unless and until the county creates an Agricultural and Open Space Conservation Agency.