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Draft zoning language
for foothills seriously flawed
Posted March 5, 2002/ Updated
August 1, 2002
• The proposed zoning
does not protect the foothills
• The draft requires protection
only when Stanford subdivides.
• The proposed zoning
language is imprecise and overly discretionary
• Next steps
• What you can do
The 2000 Stanford Community Plan requires Santa
Clara County to develop new zoning for the Stanford foothills, now designated
as Open Space Field Research (OS/FR). This important zoning has been drafted,
but it has some serious flaws - including a complete lack of adequate
long term protection for foothills open space.
Read the Committtee for Green Foothills' letter
to the Planning Commission to learn more about the flaws in the proposed
language.
The proposed zoning district does not provide
long-term protection for the foothills.
The Stanford Community Plan requires that the
OS/FR zoning district follow the model of the County's Hillside zoning
district. The County's Hillside model provides a mechanism (called "clustering")
for permanent dedication of open space in exchange for intensified development.
We believe that it was the intent of the Board
-- through its direction in the Community Plan -- to provide a similar
mechanism for long-term protection of Stanford's foothills. The proposed
clustering model included in the OS/FR zoning draft is weak and flawed
-- and does not protect the foothills.
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The draft zoning requires protection only
when Stanford subdivides -- which is rare.
The proposed OS/FR District zoning follows a
model that just isn't appropriate for Stanford lands. It allows for dedication
of open space only when Stanford subdivides its land. Stanford is likely
to subdivide its land only when it leases it for development - an uncommon
occurrence. The result? Much of the development of the foothills will
likely result in no open space dedication at all.
Further, when dedication does occur, the proposed zoning language would
allow it to be insignificantly small. Most egregiously, it would allow
the unprecedented maneuver of transferring the dedicated land to an entirely
different land use designation - the Special Conservation Area -- which
is already protected from development. This "double-dipping"
is a clear run-around of the intent of the Community Plan.
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The proposed zoning language is imprecise
and allows an administrative body too much discretion.
The proposed OS/FR District zoning is vague
and imprecise - and provides an unprecedented and inappropriate level
of discretion to the Architectural and Site Approval (ASA) Committee.
The proposed language would allow this non-elected body (made up of four
County Planning staff and one representative of the Planning Commission)
to determine building densities, standards for new roads, building height,
and setbacks. Worse, this arrangement does not provide the level of public
scrutiny and participation necessary for these types of policy decisions.
This is not only inappropriate, it's a recipe for special interest lobbying.
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Next steps
The County has received extensive comments
on the proposed zoning and is making some revisions. The revised draft
OS/FR District zoning will be put on the County's
website in August. The Community Resource Group will review the draft
zoning on September 11. The Planning Commission will vote on this issue
on Thursday, October 3, 2002.
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What you
can do
Let the County know that the draft zoning regulations
are not acceptable. Please send a letter to the County Planning Commission
requesting the creation of OS/FR District zoning that provides meaningful
protections for the foothills.
Points to make:
- Any development approval in the Open Space/Field Research District
should trigger a commensurate dedication of open space in the OS/FR District.
- The proposed OS/FR District zoning must incorporate the County's Hillside
zoning clustering model (as directed by the Board of Supervisors in the
Community Plan) and thus provide a meaningful mechanism for dedication
of open space in the foothills.
- The proposed OS/FR District zoning should contain specific, well-defined
direction typical of a County zoning code, such as floor-area ratios,
intensity standards and specific findings.
- The ASA Committee should not be allowed to create policy, which is beyond
its ministerial functions.
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Write a letter!
Comments
should be sent both the Santa Clara County Planning Commission and the
Board of Supervisors.
Santa Clara County Planning Commission
Planning.Commission@pln.co.santa-clara.ca.us
Fax (408) 288-9198
Santa Clara County Board of Supervisors
liz.kniss@bos.co.scl.ca.us
don.gage@bos.co.santa-clara.ca.us
james.beall@bos.co.santa-clara.ca.us
peter.mchugh@bos.co.santa-clara.ca.us
blanca.alvarado@bos.co.santa-clara.ca.us
Fax (408) 298-8460
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