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League of Women Voters of California Education Fund
Land Use Initiative
County of Santa Clara
Majority Approval Required
Fail: 192,725 / 49.26% Yes votes ...... 198,523 / 50.74% No votes
Index of all Measures
|Results as of Dec 4 1:58pm, 100.0% of Precincts Reporting (1,244/1,244)|
|Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text|
Shall the County General Plan be amended to reenact and modify certain existing provisions and add provisions for hillsides, open space, ranchlands, and rural areas in unincorporated areas of the County, including limiting minimum parcel size on ranchlands and hilltops to 160 acres, with exceptions, limiting building size, and prohibiting the Board of Supervisors from making changes to the General Plan inconsistent with these amendments?
California law permits amendments to a county general plan by initiative if approved by a majority of the voters in an election.
Counties are required to enact a general plan, dictating development policies, objectives and standards regarding land uses in the unincorporated area of a county. Zoning ordinances, not in conflict with the general plan, describe with specificity the permissible uses of land.
Measure A is an initiative to amend the County's General Plan to change certain provisions, and add new provisions regarding land use in those areas designated as hillsides, ranchlands, and agricultural lands.
Measure A will require the County to amend its General Plan and to amend existing ordinances in order to ensure no provision conflicts with the General Plan as amended by Measure A. Measure A will not affect the validity of parcels, structures, uses and surface alterations that exist legally at the time it becomes effective, but will apply to any proposals that have not received all required discretionary approvals prior to the effective date. If the measure is adopted, it will become effective 10 days after the vote is declared.
Measure A allows most current uses on property in hillsides, ranchlands and agricultural land, but places new restrictions on some uses which will limit development. For example, Measure A increases minimum parcel size in areas designated hillsides and ranchlands to 160 acres, subject to clustering in hillsides; limits maximum aggregate floor areas in all buildings on a parcel to 2% of the area of the parcel or 20,000 square feet, whichever is less, subject to exceptions; sets safeguards minimizing visibility of development from public places, including placing building restrictions on ridgelines and hilltops; provides secondary dwelling units are only allowed in hillsides and agricultural land where required by state law; and changes allowed recreational vehicle parking from a maximum stay of 1 year to 15 days.
Some provisions of Measure A are not clearly defined. For instance, Measure A deletes "low intensity recreational uses" and "hunting" as allowed uses in ranchlands, and reenacts "low intensity outdoor recreation" as an allowed use without making it clear as to what is specifically allowed. Similarly, parcels are to be configured to minimize visibility of development "from public places," but it is unclear if "public places" means viewing from the valley floor, or viewing from ridgelines and other places. These types of changes may lead to unknown legal implications.
Measure A precludes the Board of Supervisors from changing the General Plan or from taking any other action, inCalifornia law permits amendments to a county general plan by initiative if approved by a majority of the voters in an election.
A "yes" vote is a vote to adopt Measure A and amend the General Plan of the County of Santa Clara.
A "no" vote is a vote not to adopt Measure A and not to amend the General Plan of the County of Santa Clara.
Ann Miller Ravel
By: /s/ Susan Swain
|Arguments For Measure A||Arguments Against Measure A|
|[The following may have errors from retyping. For the official version contact the Registrar of Voters.]
Measure A will protect Santa Clara County's remaining valuable natural resources from being paved over and lost forever. It will protect our hillsides, streams, watersheds, wildlife habitats and agricultural lands from large-scale development.
Santa Clara County's land use plan now allows thousands of houses and industrial and commercial developments in rural areas. Measure A will limit the number and size of developments that can be built on our hillsides and open space.
Under Measure A, only voters could eliminate or reduce basic safeguards against too much growth.
With Measure A, all existing legal parcels and uses remain valid. The measure is not applicable if it would violate any person's property rights.
Measure A supports working farms. It freely permits agricultural uses, including processing facilities and housing for farm employees. It prevents subdivisions - incompatible with farming - in the midst of agricultural operations.
Measure A will not curtail affordable housing. It does not apply within cities. The rural and hillside areas covered by Measure A are not suitable for affordable housing. Providing essential services (public safety, roads, medical services) to rural areas would be very costly. Measure A will save taxpayers money.
In recent decades, Santa Clara County has experienced tremendous growth in housing and traffic. Many of its valuable natural resources have been lost. Measure A allows continued growth, but maintains a healthy balance between urban areas and the beauty and peace of our hillsides and rural environments.
Nearly 60,000 people signed petitions to put Measure A on the ballot. It is endorsed by hundreds of civic leaders and groups, including all established environmental organizations. Please vote "Yes" on Measure A - and help keep Santa Clara County a good place to live and work.
/s/ Blanca Alvarado
/s/ Susan Hammer
/s/ Bob Hirt
/s/ Fred Armstrong
/s/ Dennis Kennedy
MEASURE A: A SOLUTION IN SEARCH OF A PROBLEM
Promoters claim Measure A is needed to meet the threat of "thousands of houses and industrial and commercial developments."
But commercial and industrial developments are already prohibited on hillsides or ranchlands in Santa Clara County, the areas covered by Measure A.
Most sprawl development in the county has occurred within incorporated cities. Measure A does nothing to stop this.
MEASURE A ENCOURAGES LAWSUITS, NOT GOOD PLANNING
Promoters claim "...it would not violate any person's property rights."
Untrue! Under Measure A, property owners seeking even minor modifications to their property could be required to file lawsuits or fund expensive countywide campaigns to "protect" their rights. [Measure A, Section 22]
MEASURE A HURTS FAMILY FARMING
Contrary to promoters' deceptive claims, Measure A restricts construction of agricultural processing and other related facilities, requiring they be used substantially for products grown within limited areas designated by the Initiative. [Sections 10-12]
That's not how real farms and ranches operate. By undermining the financial viability of agriculture, Measure A could force farmers to close or relocate, and accelerate loss of farm and ranch lands.
MEASURE A COULD COST TAXPAYERS MILLIONS
In addition to exposing taxpayers to millions of dollars in lawsuits, Measure A wipes out millions more in existing and potential property tax revenue and impact fees, forcing taxpayers to choose between reduced public safety services and road improvements or higher taxes. [Sections 7 and 9-16]
DON'T RISK OUR FUTURE. VOTE "NO" ON MEASURE A
/s/ Pete McHugh
/s/ Debra J. Giordano
/s/ Michael N. Miller
/s/ Dennis Wan
/s/ George E. Guglielmo
|[The following may have errors from retyping. For the official version contact the Registrar of Voters.]
RISKS OUR COUNTY'S FUTURE
Written behind closed doors, without public hearings or environmental review, Measure A locks hundreds of complex changes into our County's General Plan.
So poorly written it could lead to years of expensive lawsuits, with taxpayers liable for millions of dollars in damage claims.
Correcting mistakes will be difficult. Changes as small as constructing a granny-flat could require an expensive countywide election.
Family farmers have been stewards of our agricultural heritage for generations. Measure A threatens their survival, requiring minimum parcels of 40 - 160 acres on hillsides and 160 acres on ranchlands. Since 40% of county farms are less than 10 acres, "A" could make it impossible for farmers to get started, expand, construct processing facilities, or adjust to changing markets.
It could even prohibit farmers' markets and block construction of wineries and tasting rooms. That's why the County Farm Bureau and agricultural organizations oppose "A."
UNDERMINES GOOD PLANNING, PUBLIC OPEN SPACE AND WILDLIFE HABITAT
Measure A encourages premature annexation of rural lands into incorporated cities, leading to more sprawl, more traffic on already congested roads, and strain on city facilities and services.
It breaks open space into hundreds of disconnected private parcels with no public access, and fragments wildlife habitat corridors.
HURTS OUR ECONOMY
Measure A could block construction of the county's wireless communications network, designed to provide high-speed Internet access everywhere in the valley, and worsen the "digital divide."
It restricts critical facilities like landfills and quarries in unincorporated areas, increasing transportation costs and strangling economic growth.
THERE'S A BETTER ALTERNATIVE
Residents, environmentalists, and county planners have invested thousands of hours developing tough new ordinances to safeguard hillsides, viewsheds, waterways and agricultural lands. Measure "A" wipes out these efforts, substituting a poorly-written measure that could make things much worse.
/s/ Donald F. Gage
/s/ Laurie Smith
/s/ Jenny Derry
/s/ Douglas A. McNea
/s/ Clarence C. Stone
The opponents' arguments are false, from beginning to end. Their misrepresentations and scare tactics attempt to create fear and doubt to get you to vote against Measure A, even though A is a reasonable and prudent measure to protect our remaining natural resources.
Measure A was written carefully with input from hundreds of community leaders and organizations throughout Santa Clara County, including farmers and ranchers. Very similar open space conservation measures in Alameda and San Mateo counties have been highly successful in preserving hillsides, watersheds and working farms.
Space limitations prevent refutation of every false claim by the opposition. Here are some key points:
/s/ Liz Kniss
/s/ Tom McEnery
/s/ Paul Draper
/s/ Karen Maki
/s/ Phaedra Ellis-Lamkins
|Full Text of Measure A|
|[The following may have errors from retyping. For the official version contact the Registrar of Voters.]
The People of Santa Clara County do ordain:
The title of this Initiative is "Conservation of Hillsides, Ranchlands and Agriculture."
Section 1. Purpose
The purpose of the Initiative is to protect hillsides, ranchlands and other rural areas in Santa Clara County from harmful and unnecessary development. The objectives are:
For residential purposes, agricultural lands are cut up into small plots. However, large parcels and freedom from interference from intermingled residences are crucial for viable farms and ranches. Speculation for development needs to be discouraged, so that land is affordable for farming, and farmers and ranchers provided a more predictable, stable basis for planning and investment in agriculture, in order that persons who want to farm have the opportunity.
The Initiative makes provision for full compliance with State housing law, if areas covered are ever needed to meet State requirements.
Section 3. General Plan Amendments
Section 4. Open Space Element
Sections 5, 6(b) and (c), and 7 through 20 are part of this Plan's Open-Space Element.
Section 5. Protection of Legal Rights; Compliance with Federal and State Law
Section 6. Housing Requirements
Section 7. Minimum Parcel Sizes
(a) Hillsides Areas.
(1) To carry out the purposes set forth in Policy R-LU 16 (Section 10(a)), Policy R-LU 19 is revised to read:
The minimum parcel size in Hillsides Areas shall be 160 acres. However, if residential development is clustered in accordance with policy R-LU 20 and other provisions of this Plan, the County may allow one dwelling unit for each 40-160 acres in a parcel, based on the average slope of the parcel, according to the following slope-density formula and provisions:
Minimum Acres Per Dwelling Unit = 40 acres x (56.67 + 10)/(56.67 + S) (S is the average slope in percent of the parcel for which the minimum acres per dwelling unit is to be calculated)
If the average slope of a parcel is less than 10% the minimum acres per dwelling unit shall be 40 acres. If the average slope exceeds 45% the minimum areas shall be 160 acres up to an average slope of 50%. No clustering shall be permitted on parcels with an average slope of more than 50%.
In calculating the average slope of a parcel, the owner may choose to exclude areas on the parcel with a slope in excess of 56.67%. If this is done, the same areas also shall be excluded in determining the acres in the parcel for purposes of calculating the number of permitted dwelling units.
The following graph and table illustrate application of the provisions of this subsection; they are subject to the slope+density formula and to the above text, and are not enacted by the Initiative. The table provides only examples of average slopes.
[The graph and table are not included in this copy.]
In determining the number of dwelling units permitted on a parcel, fractions of units calculated under the provisions of this subsection shall be rounded to the nearest integer (for example, 2.5 units to 3; 2.4 units to 2).
If clustering is allowed on a parcel, the parcel may not be divided, except as provided in Policy R-LU 20
(2) Policy R-LU 20 is amended as follows:
Proposed cluster residential developments shall adhere to the following:
1. Developed Area: the building envelopes for all dwelling units and other buildings
b. clustered development may be on one parcel, or on separate parcels not to exceed 3 acres, which may be created for purposes of clustering notwithstanding Policy R-LU 19
c. if more than one clustered dwelling unit permitted by Policy R-LU 19 is located on a parcel, the maximum floor area in buildings on the parcel shall be the maximum permitted by Section 15 multiplied by the number of permitted dwelling units.
2. Open Space:
b. areas subject to easement may be made a separate legal parcel, notwithstanding Policy R-LU 19
c. the open space area shall be privately controlled and not accessible to the public unless the area is deeded to a public agency or entity willing to undertake responsibilities of ownership, maintenance and public access
Policy R-LU 41 is amended as follows:
Density of development in areas designated "Ranchlands" shall be not less than
2. The minimum parcel size shall in no case be less than 160
Policy R-LU 14 is reenacted:
R-LU 14 For areas designated `Agriculture-Large Scale,' minimum parcel sizes shall be no less than 40 acres.
Section 8. Certificates of Compliance
Section 9. Development Standards
(a) Water. No residential or other building for non-agricultural use may be permitted unless a clearly identified, available, safe, adequate, sustainable water supply for foreseeable uses, including for fire protection and in times of drought, is established by reliable means. Wastewater disposal must be demonstrated that over the long term will be safe, not appreciably pollute surface or subsurface water supplies or otherwise impair the natural environment, and meet all Federal, State and County Requirements.
(b) Fire Hazard and Emergency Access. A building for human residence or other human occupancy may not be erected or located if, after mitigation, it will be subject to high fire hazard because of vegetation, slope, lack of fire suppression capability or other reason. Mitigation shall be consistent with this Plan's policies, including wildlife protection, prevention of flooding and erosion, and preservation of natural resources. There must be safe and adequate ingress and egress for building occupants and for fire and other emergency vehicles.
(c) Ground Instability. A building may not be located where its use would involve serious risk of human death or bodily harm because of ground instability from land slide, subsidence, fault or other condition.
Section 10. Permissible Uses in Hillsides Areas
(a) Policy R-LU 16 is reenacted:
Hillsides: Mountainous lands and foothills unsuitable and /or unplanned for annexation and urban development. Land so designated shall be preserved largely in natural resource-related and open space uses in order to: a. support and enhance rural character; b. protect and promote wise management of natural resources; c. avoid risks associated with the natural hazards characteristic of those areas; and d. protect the quality of reservoir watersheds critical to the region's water supply.
(b) Policy R-LU 18 is revised to read:
The following uses only, and their appropriate and common accessory uses and non-residential structures, (as well as uses preemptively authorized by Federal or State law) may be permitted in Hillsides Areas, provided that they comply with this Plan and County special plans, ordinances, regulations and procedures that implement the Plan:
(1) Agriculture, including but not limited to arboriculture, horticulture, agricultural research, arboretums, gardens, nurseries, poultry farms, dairies, and rearing, care and feeding of cattle, other ruminants and pigs, but not including commercial feedlots, which are not permitted under any provision of this Policy;
(2) Processing, packaging, storage and sale of agricultural produce or plants, integrally related to agriculture on one or more Hillsides farms or ranches; the produce or plants, over a calendar year, shall primarily be the product of Hillsides and Ranchland Areas; incidental sale of other items related to the produce or plants, and food and drink,p may be permitted if necessary for an economically-viable agricultural sales operation;
(3) Agricultural services, supply and manufacture to meet needs of Hillsides and Ranchlands agriculture, that cannot be met practically from outside those Areas;
(4) Rearing, care, training, rental, sale, observation and preservation of animals, fully consistent with all Federal, State and County regulations;
(5) Except as permitted in Section 7(a)(2), one single-family dwelling unit per parcel, secondary units required by State law, housing which the County reasonably finds is necessary for bona fide agricultural employees on a farm or ranch of which the parcel is a part or neighboring farms or ranches (this housing may only be used as housing for those employees), and rental of rooms to not more than three lodgers within a primarily single-family dwelling unit;
(6) Home offices and occupations, secondary to residential uses, conducted principally by residents of a parcel, that will not impede use of land for agriculture, impair the environment, or materially increase traffic in the locality;
(7) Nature observation, study and preservation;
(8) Low intensity outdoor recreation, and subordinate auxiliary uses including campgrounds and picnicking facilities, short-term lodging, provision of food and drink, and safety and sanitary services; this category of permissible uses does not include, among other things, amusement or theme parks, stadiums or arenas, motorized vehicle tracks, grounds or courses, or recreational vehicle parking for more than fifteen days; uses permitted under this paragraph may not interfere appreciably with the ability to use prime soils for agriculture, and shall be compatible with a rural environment;
(9) Short-term visitor lodging, not to exceed 10 sleeping units, and accompanying provision of food and beverages, that do not interfere materially with use of land for agriculture and are in accord with a rural environment;
(10) Exploration, production, storage and transmission of minerals, oil and natural gas, and water, and treatment of water, fully consonant with all Federal, State and County regulations and reclamation requirements; open surface mines may not be appreciably visible from the Santa Clara Valley;
(11) Wind and solar electricity production;
(12) Collection, processing, recycling and disposal of wastes to meet the needs of residents in Hillsides Areas, or to the extent that the Board of Supervisors reasonably finds more extensive need that cannot be met safely outside those areas; provided, however, existing active facilities may be expanded if consistent with other provisions of this Plan; hazardous waste facilities may be located and designed as required by State law and the joint County-cities Hazardous Waste Management Plan;
(13) Small-scale commercial and professional uses (for example, neighborhood convenience stores, repair shops, medical clinics, veterinary offices, child and adult care centers, indoor recreation, hostels) necessary to meet the unmet needs of residents and of uses permitted in the Hillsides Areas that cannot be met, practically, outside those Areas;
(14) Use of officially recognized historic structures and sites to preserve and restore their historic qualities, that will not have needless detrimental effect on the natural or visual environment;
(15) Small facilities for convalescence and rehabilitation from illness or injury and hospices, that will not materially interfere with use of land for agriculture or impair the natural environment;
(16) Cemeteries, not to exceed 10 acres, provided that they minimize off-site visual impact from monuments or other structures;
(17) Institutional and other non-profit uses that predominantly serve residents and permitted uses in the Hillsides and Ranchlands Areas, or that would be permitted if done for profit, that will not materially interfere with use of land for agriculture or impair the natural environment;
(18) Facilities for meetings, retreats, camps, museums concerning Hillsides and Ranchlands Areas and education, that will not materially interfere with use of land for agriculture or impair the natural environment;
(19) Wireless and cable communication facilities if the Board of Supervisors finds reasonably that they are required and that there is no effective location for them outside the Hillsides and Ranchlands;
(20) Government and public utility facilities and uses, limited to meeting present and realistic foreseeable needs of residents and permitted uses in Hillsides Areas, except to the extent that the Board of Supervisors reasonably finds more extensive public need that cannot be met outside those Areas;
(21) Occasional, short-term, outdoor events related to agriculture or animals (for example, fairs, horse shows, wine festivals) that do not interfere materially with agriculture or cause more than minimal environmental harm.
All allowable uses must be consistent with the basic intent of the `Hillside' designation.
a. agriculture and grazing; b. mineral extraction; c. parks and low-density recreational uses and facilities; d. land in its natural state; e. wildlife refuges; f. very low density residential development; and g. commercial, industrial or institutional uses, which by their nature
1) require remote, rural settings; or 2) which support the recreational or productive use, study or appreciation of the natural environment.
Section 11. Permissible Uses in Ranchland Areas
The general intent of the Ranchland designation is to maintain the existing conditions of very low intensity uses, rural lifestyle, and limited public access. Development policies shall protect and enhance the continued use of the land for ranching.
Population shall be held to a minimum, and land uses shall be of a nature and intensity which do not require higher levels of public services than those presently provided.
Section 12. Permissible Uses in Agriculture Areas
Santa Clara County is enriched by a special combination of the very finest soils, a very favorable, dependable growing climate, and generally adequate water supplies. Lands in agricultural uses contribute to the economy and quality of life enjoyed by county residents. This combination of factors makes it highly desirable that certain lands be preserved for their intrinsic value as agricultural land and for productive agricultural land uses.
The following uses only, and their appropriate and common accessory non-residential uses and structures, (as well as uses preemptively authorized by Federal or State law) may be permitted in Agriculture Areas, provided that they comply with this Plan and County special plans, ordinances, regulations and procedures that implement the Plan:
(1) Agriculture, including although not limited to arboriculture, horticulture, agricultural research, arboretums, gardens, nurseries, mushroom farms, poultry farms, dairies and rearing, care and feeding of cattle, other ruminants and pigs, but not including commercial feedlots, which are not permitted under any provision of this Policy;
(2) Processing, packaging, storage and sale of agricultural produce or plants, integrally related to agriculture on one or more farms or ranches in the Agricultural Area; over a calendar year, the produce or plants shall in substantial portion be grown in Santa Clara County; incidental sale of other items related to the agricultural produce or plants and food and drink may be permitted if necessary for an economically-viable sales operation;
(3) Agricultural services, supply and manufacture to meet the needs of agriculture, that cannot be met practically from outside Agriculture Areas;
(4) Rearing, care, training, rental, sale, observation and preservation of animals, fully consistent with all regulations;
(5) One single-family dwelling unit per parcel, secondary units required by State law, housing which the County reasonably finds is necessary for bona fide agricultural employees on a farm or ranch of which the parcel is a part or neighboring farms or ranches (this housing may only be used as housing for those employees), and rental of rooms to not more than three lodgers within a primarily single-family dwelling unit;
(6) Home offices and occupations, secondary to residential uses, conducted principally by residents of a parcel, that will not impede use of land for agriculture, impair the natural environment, or materially increase traffic in the locality;
(7) Nature and agricultural observation, study and preservation;
(8) Low intensity outdoor recreation, and subordinate, auxiliary uses, including campgrounds and picnicking facilities, short-term lodging, provision of food and drink, and safety and sanitary services; this category of permissible uses does not include, among other things, amusement or theme parks, stadiums or arenas, motorized vehicle tracks, grounds or courses, golf facilities within the agricultural preserve south and east of the City of Gilroy, or recreational vehicle parking; uses permitted under this paragraph may not interfere appreciably with the ability to use prime soils for agriculture, and shall be compatible with a rural environment;
(9) Short-term visitor lodging, not to exceed 10 sleeping units, and accompanying provision of food and beverages, that do not interfere materially with the ability to use land for agriculture and are in accord with a rural environment;
(10) Use of officially recognized historic structures and sites to restore and preserve their historic qualities, that will not have unnecessary detrimental effect on the natural environment;
(11) Exploration, production, storage and transmission of minerals and water, and treatment of water, consistent with all regulations and reclamation requirements;
(12) Wind and solar electricity production, primarily for consumption by the producer;
(13) Collection, processing, recycling and disposal of wastes to meet the needs of residents in Agriculture Areas and for composting;
(14) Institutional and other non-profit uses that predominantly serve residents and permitted uses in the Agriculture Areas, or that would be permitted if done for profit, that will not materially interfere with the ability to use the land for agriculture or impair the natural environment;
(15) Facilities for meetings and camps that will not materially interfere with the ability to use land for agriculture or impair the natural environment;
(16) Government and public utility facilities and uses, limited to meeting the existing and realistic foreseeable needs of residents and permitted uses in Agriculture Areas, except to the extent that the Board of Supervisors reasonably finds more extensive public need that cannot be met outside those Areas;
(17) Occasional, short-term, outdoor events related to agriculture or animals (for example, fairs, horse shows, wine festivals) that do not interfere materially with agriculture or cause more than minimal environmental harm.
Section 13. Resources of Special Concern
(c) Forests and Woodlands. To the limited extent the County may prohibit cutting under State forestry and timber laws, living trees may not be cut for commercial wood products except for firewood not to exceed, cumulatively over any 10-year period, 20% of the wood in trees on a parcel, minor amounts for handicrafts, or to harvest Christmas trees planted for that purpose. (This subsection does not preclude cutting necessary for public safety, forest health, or permitted structures or uses.)
Section 14. Building Envelopes
Section 15. Maximum Floor Areas
Section 16. Visual Safeguards
Exterior lighting, including roadway lighting, shall be designed and placed, if possible, to confine direct rays to the parcel or roadway where the lighting is located and to protect the darkness of the night sky. Signs may not be more numerous, larger or more noticeable than is essential to provide directions and information about permissible uses in the designated Area or adjacent areas, and for political campaigns, and shall accord with Scenic Roads and Highways policies. To the extent reasonably practicable, consistent with other policies of this Plan, roads and driveways shall be located and designed so that they minimize adverse visual impact as seen from public roads and parks.
Section 17. Definitions
For purposes of the Initiative, unless the text or context indicates a different meaning:
"Appreciably" means measurable or perceivable, and not minor;
"Building" is any structure with a roof having a floor area of 120 square feet or more, except greenhouses and tanks;
"Commercial Feed Lots" are areas for feeding more than 200 cattle and other ruminants, or pigs, contemporaneously, to increase their weight for sale or slaughter, where the feed for the animals during their presence on a farm or ranch of which the area is a part is not normally derived in substantial part from the farm or ranch;
"Development" refers to the existence, construction, placement or alteration of a building or structure, including mobile dwelling units;
"Floor Area" means the area of all floors, regardless of composition, under roof, in or connected to buildings, including covered porches, decks and carports, and attic floors to the extent that the height of a building roof above the floor is five feet or more; basements and cellars are not included if a room or area on all sides is at least 75% of its height below the surrounding land level and the natural grade;
"Hillsides Areas" and "Ranchlands Areas" are unincorporated areas designated and marked "Hillsides" and "Ranchlands", respectively, and "Agriculture Areas" are unincorporated areas designated and marked "Agriculture Large Scale" on the General Plan Land Use Plan Map dated August 2005 as of January 1, 2006, except for those Areas located within the San Martin Planning Area on January 1, 2006. None of the other areas designated and marked on the Plan Map as "Resource Conservation Areas", "Rural Residential Areas", or "Other Land Uses" are included, nor does the Initiative affect the "Site Specific Amendments" referred to on the map;
"Initiative" is the Conservation of Hillsides, Ranchlands and Agriculture Initiative;
"Moderate, Lower and Very Low-Income Persons, Families or Households" have the same meaning as under Sections 50093, 50079.5 and 50105 of the California Health and Safety Code, respectively, or successor statutory definitions;
"Practicable" means capable of being done or put into effect;
"Preemptively Authorized" means authorized by Federal or State law beyond the County's authority to prohibit or restrict;
"Public Utility" has the same meaning as in Section 216 of the California Public Utilities Code, or successors thereto;
"Structure" includes any building, greenhouse, tower, dam, pumping facility, tank, or anything constructed, erected or placed, the use of which requires location on the ground or attachment to something located on the ground;
"Surface Alteration" includes grading, excavation, fill, mounding or surfacing of land.
Section 18. Applicability
Section 19. Inconsistent County Plans, Ordinances, and Actions
Section 20. Implementation and Enforcement
Section 21. Effective Date
Section 22. Amendments
Section 23. Severability
Section 24. Conflicting Ballot Measures
Section 25. General Plan Consistency
The General Plan is further amended as follows to delete or revise provisions that may be deemed to be inconsistent with the Initiative or no longer appropriate. Material in strikeout type (
EVENTUAL ANNEXATION OF URBAN UNINCORPORATED AREAS
In the meantime to assure conformity of development within these areas with that of surrounding areas, development proposals within these areas must conform, consistent with the Initiative, to the uses allowed in the surrounding city's general plan.
c. development shall be located, and if possible, consistent with the Initiative, clustered within the minimum area necessary to accommodate it. . . .
Development Policies - General Principles for Ranchland Areas
4. Parcels created without obtaining building site approval are restricted from use as building sites, as indicated on the approved subdivision map, and shall count towards the total of the number of parcels which may be created according to the aforementioned limitations, subsection (b) and (c).
Los Gatos Watershed Area
2. For areas governed by the "
City of Morgan Hill Urban Growth Boundary (UGB) Area
R-LU (i) 7
South County Joint Area Plan Policies
Open Space "Action Program"
Existing policies and related implementation measures under this strategy are . . . .
Appendix Page Q-4 Deleted from General Plan
[Page Q-4 is not reproduced in this copy.]