The owner of a 23-acre property on Highway 101—where the Betabel Commercial Development proposal has been the subject of an environmental study and lawsuit—recently filed an application to change plans to allow hundreds of new homes.
Property owner McDowell Family Trust and architect Henry Ruhnke in June submitted an application for a preliminary review of a proposal to build 280 homes at 9644 Betabel Road. The application was submitted to the San Benito County Resource Management Agency, under a state law known as “Builder’s Remedy.”
Plans described in the application include 223 market rate homes, 45 units for “very low income” residents and 12 residences for “low income” people. A 3,626-square-foot community room is also proposed, along with a total of 685 parking spaces. The plans do not include any commercial uses.
The Betabel property, located next to the Betabel RV Park on the east side of U.S. 101, was once identified by county officials as a key site for commercial development as a highway “node” that should take advantage of increasing motor vehicle traffic to generate more local tax revenues.
In 2022, Rider McDowell of the McDowell Family Trust had proposed a 108,425-square-foot commercial roadside attraction project with a variety of uses, including a gas station and convenience store, restaurant, up to five amusement buildings, a visitor center, three-story motel (with an outdoor movie screen), event area, livestock corral, farmstand and related parking, restrooms, driveways and other supporting facilities.
The developer has built a structure on the property that was intended to be used as a fruit stand sales building.
An Environmental Impact Review of the commercial project was the subject of litigation in San Benito County Superior Court and a California Appeals Court. Plaintiffs had argued that the EIR did not adequately address impacts to tribal cultural resources that could be harmed by the project.
The lawsuit was initially filed in December 2022 and is still working its way through the courts. However, the new plans for housing may put a halt or pause on the litigation.
The property has been identified by the Amah Mutsun Tribal Band as an important cultural site within the tribe’s ancestral home, known as Juristac.
According to San Benito County planning staff, the new plans for housing will require another EIR under the California Environmental Quality Act. A housing project at the site would also likely require that the property be rezoned for residential use.
On Sept. 18, County Director of Planning and Building Abraham Prado wrote a letter in response to McDowell’s preliminary application, listing the potential concerns and requirements for a full development application if and when the developer plans to submit one.
The county’s letter notes that Caltrans has requested a full traffic study of plans for a 280-home development; and county public works “has raised concerns regarding the proposed project.” The letter lists other areas where a full development application should include more details—including water and wastewater.
“As noted here, preliminary review and comments during the interagency review indicate that biological resources, utility demands and transportation including vehicle-miles traveled will need to be studied,” Prado’s letter says. “Further likely topics of concern will include aesthetics, cultural resources, public services and land use planning and population effects such as growth inducement.”
Ruhnke, listed as the primary applicant for the Betabel Road housing proposal, did not return a phone call requesting comment.
The Builder’s Remedy law is part of the California Housing Crisis Act of 2019, also known as SB 330. Builder’s Remedy allows developers to bypass local zoning laws and build certain types of housing projects. The law is triggered when a local jurisdiction has failed to update its state-mandated housing element, or if the element is not found to be in compliance with California law.
The county has completed and submitted its 6th Cycle Revised Draft Housing Element—covering future local housing needs from 2023-31—to the California Department of Housing and Community Development. However, the HCD has determined the draft does not comply with state housing requirements.
In an April 1 letter to Prado, Paul McDougall of HCD said the county’s submitted housing element does not include adequate property rezonings to accommodate state-mandated housing needs for the future of San Benito County.
The HCD website as of Nov. 3 says that San Benito County is still out of compliance for its housing element. The cities of Hollister and San Juan Bautista’s housing elements are also out of state compliance.
