Pass: 15,163 / 59.84% Yes votes ...... 10,176 / 40.16% No votes

See Also: Index of all Measures

YES
NO

Meaning of Voting Yes/No

A YES vote on this measure means:

A "yes" vote is a vote in favor of enactment of the resolution. If the resolution is enacted by a majority vote of the electors voting, then the parcel will be rezoned from "A" Agriculture to: PD (R3-25D) in order to allow a senior housing development; PD (R-3-18D) for a single-family residential development; and "B" Public for a public park.

A NO vote on this measure means:

A "no" vote is a vote against enactment of the resolution. If the resolution is not enacted by a majority vote of the electors voting, then the "A" Agriculture zoning will remain on the property, the density bonuses and other incentives will not apply, the proposed projects cannot receive entitlements, and the City Council will be precluded from considering any similar resolution for a period of one year from the date of this election.

The property at issue is owned by the State of California. The University of California used the property for an agricultural research station known as the Bay Area Research Extension Center (BAREC) for approximately eighty (80) years. The State of California declared the property surplus in September 2002, and the University of California decommissioned the agricultural research station.

The property is proposed to be redeveloped for a mixture of single family and senior housing with a one acre public park. Specifically, SummerHill Homes has entered into a purchase contract with the State of California for approximately 11 acres, and is proposing to construct approximately 110 single family homes on ten acres with an approximately one acre public park. The remaining six acres will be developed by Charities Housing, which is proposing to build 165 rental units to be made available to seniors at low and very low income levels, with approximately 2.5 acres of gardens. The senior units are proposed to be owned and operated by the Santa Clara Methodist Retirement Foundation.

A "no" vote is a vote against enactment of the resolution. If the resolution is not enacted by a majority vote of the electors voting, then the "A" Agriculture zoning will remain on the property, the density bonuses and other incentives will not apply, the proposed projects cannot receive entitlements, and the City Council will be precluded from considering any similar resolution for a period of one year from the date of this election.

A "yes" vote is a vote in favor of enactment of the resolution. If the resolution is enacted by a majority vote of the electors voting, then the parcel will be rezoned from "A" Agriculture to: PD (R3-25D) in order to allow a senior housing development; PD (R-3-18D) for a single-family residential development; and "B" Public for a public park.

Helene L. Leichter
City Attorney, City of Santa Clara

This is not an official copy of this ballot measure and its accompanying documents. For an official copy see the City Clerk.

City of Santa Clara

"Current Issues"

Zoning Ordinance

Yes on Measures A & B

Friends of BAREC

FPPC #1302282

Pro/Con Forum
When: January 16, 2008
Time: 7:00 PM to 8:30 PM
Where: The Santa Clara Central Park Library
           Cedar Room (Seating for 100 people)
           2635 Homestead Road
           Santa Clara, CA 95051

Google News Search for Barec

Santa Clara Weekly

Recent Articles on Barec

As our community grows, we need to support parks and open space as well as ensuring that our local senior citizens aren't forced out of the area and away from their families by unaffordable housing. This is why we support BOTH Measures A and B.

A YES vote on Measure B will specifically approve the zoning necessary to build the 162 affordable senior rental apartments that are an integral part of the Santa Clara Gardens project. More than 20 public meetings have been held over the last four years, giving the community an opportunity to discuss this project and offer ideas that have improved the proposal.

A YES vote on Measures A and B means that the fenced-off site's contaminated areas are cleaned up at no cost to the City of Santa Clara. Once retested and certified as safe by environmental regulators, the family homes and affordable rental apartments for seniors will be complemented by open space, gardens and a public park - more than 3 acres all together.

The State of California, which owns this property, has said in writing that if this proposal is rejected, it has no intention of returning the site to agricultural use nor will it give the property to the city or sell the property at a below market price. In fact, the State has made it clear that if this proposal is rejected it would use the site for another institutional use.

For more information, visit
http://www.SantaClaraGardens.org

Please join us in voting YES on A and B to support the Affordable Senior Housing, Parks and Open Space that Santa Clara needs.

/s/ Patricia Mahan
Mayor, City of Santa Clara

/s/ Barbara Ratcliffe
Chair-Elect, Board of Directors, Santa Clara Chamber of Commerce

/s/ Bill Gissler
Former Mayor & Senior Advisory Commissioner

/s/ Aldyth Parle
Former City Councilperson, Senior Citizen Activist

/s/ David DeLozier
Small Business Owner, Former Councilman, Former Parks & Recreation Commissioner, City of Santa Clara

When this land was being looked at for sale in 2000, terms like "global warming," "peak oil," organic food, and thinking "green," were not part of our common vocabulary. They are now. This land can be purchased with local corporate and foundation funds to continue to lead the area towards a sustainable future.

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 in support of the proposed housing projects. A NO Vote ensures your voice, the citizens of Santa Clara, will be heard in future land use discussions.

Some of the key misleading statements are:

• Propaganda: A "comprehensive environmental cleanup" will occur
  

  Fact: The citizens were forced to file a lawsuit against the City concerning inadequate soil testing and improper soil cleanup.
  

• Propaganda: State of California "owns this property"
  

  Fact: The people of California, YOU, own this public land!
  

• Propaganda: Site is plagued by "graffiti, vandalism, and toxic pesticides"
  

  Fact: The property is a "priceless jewel," and with proper cleanup, the highest quality soil in the State of California.
  

• Propaganda: Developers say they create open space
  

  Fact: Less than 6% of this land can be used by the Public
  

• Propaganda: State "would" use this site for "another institutional use"
  

  Fact: The State never said this. It is a scare tactic.
  

Vote NO on Measures A and B.

For more information, visit: http://www.BAREC.org and http://www.SaveBAREC.orq [http://www.SaveBAREC.org]

/s/ Richard P. Santos
Santa Clara Valley Water District Director

/s/ Jean Salmon
Pesticide Alternatives of Santa Clara County Member, Santa Clara City Senior

/s/ Steven B Sanders
Teacher - Santa Clara Unified School District

/s/ Lisa Kealhofer
Assoc. Professor Anthropology, Santa Clara University

/s/ Linda Marie Delgado
Senior Citizen, Santa Clara Voter

NO Vote Needed on Both Measures
The General Plan Amendment and Rezoning Measures are directly linked. For details on why a NO vote is critical, review the argument against Measure A.

Keep Public Land Public
The State of California (the people) own these 17 acres, not a private individual. Public land should serve the greatest common good. Once the State sells this land for private use, it will never return to the public. Why spend our cultural heritage in one generation?

Possibilities for Greater Common Good
There are many possibilities for this land (e.g., mixed land uses, parks, playing fields, agriculture, etc.), but none are possible if the proposed development is allowed.

SaveBAREC Vision
The community based SaveBAREC group embraced the following guiding principles when suggesting a financially self-supporting educational urban farm option for the property:

• Keep Public Land Public
• Keep the land zoned agricultural
• Clean the soil using proven organic methods
• Support locally grown food
• Preserve part of the "Valley of Heart's Delight"

Support Healthier Locally Grown Food
Successful educational urban farms exist in Sacramento, Petaluma, Oakland, Goleta, and Santa Cruz. These educational grounds allow adults and children living in an urban environment to enjoy and learn in a farm setting, connecting to a healthier food source.

Join thousands of Santa Clara citizens who petitioned the Santa Clara City Council to thoughtfully consider other uses for this historic and unique property by voting NO on Measures A and B. Vote NO!

http://www.SaveBAREC.org

/s/ Joe Cernac
Chair Guadalupe Regional Group Sierra Club

/s/ Jackie Moore
Santa Clara Resident

/s/ Joy Haas
Senior Citizen

/s/ Thelma Sorich
Santa Clara Senior Citizen/Volunteer

/s/ Brian P. Lowery
Santa Clara Resident

Please consider the following additional facts before voting:

• Affordable Senior Housing: Measures A and B have nothing to do with an urban farm or locally grown organic food. Measures A and B are about providing our seniors with affordable housing so they can remain in the area, close to their family and friends.

• Extensive Public Process and Planning: Many options were discussed for this State owned property in over 20 public meetings since 2003. This proposal reflects the community's vision and priorities.

• State-owned Property: The State of California owns this piece of valuable property. The state has said in writing that they have no intention of turning this property into an urban farm. If the plan fails, the state would retain the property for other state program and facility needs.

• Creates Public Open Space: Today, the property is fenced off, plagued by vandalism and toxic pesticide residues. A YES vote on Measures A and B will create over 3 acres of open space, landscaped gardens and a public park.

• Toxic clean-up: A YES vote on Measures A and B will result in the immediate clean up of the property's contaminated areas to meet strict governmental standards.

Join us in voting Yes on A and B + Please don't take away the affordable senior housing, parks and open space that Santa Clara needs so badly.

/s/ Patricia L. Craig
Retired Teacher, Santa Clara Unified School District

/s/ Don Callejon
Retired Superintendent, Santa Clara Unified School District

/s/ Patrick Kolstad
Santa Clara City Councilman

/s/ Margaret Bard
Co-Chair, Santa Clara County Housing Action Coalition

/s/ Dennis Wan
President, Chinese American Chamber of Commerce of Santa Clara Valley

SCH 2003072093, CEQ2006-01032 (DEIR), CEQ2006-01033 (RDEIR), CEQ2007-01039 (Final EIR), PLN2003-03744 (Rezone from "A" Agriculture to PD Planned Development for 110 units of SF), PLN2003-03745 (General Plan Amendment), PLN2003-03958 (Rezoning of Senior parcel to PD [R3-18D], PLN2007-06295 (Tentative Subdivision Map creating 110+ parcels), PLN2007-06327 (Rezoning application from "A" Agriculture to "B" Public Park), PLN2007-06329 (Development Agreement)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AS FOLLOWS:

WHEREAS, the 1992 General Plan of the City of Santa Clara ("General Plan") has designated the property at 90 N. Winchester in the City of Santa Clara ("Project Site") as residential development; and
WHEREAS, the Project Site is currently zoned as "A" Agriculture; and
WHEREAS, in order to effectuate the development application, the Project Site needs to be rezoned to support the various uses envisioned; rezoning a portion of the site to PD (R3-25D) in order to allow the senior housing development; PD (R3-18D) for the single-family residential development; and "B" Public for the park use; and
WHEREAS, prior to consideration of this rezoning request the City Council approved the parcel map attached hereto as Exhibit A and incorporated by this reference ("Parcel Map"), creating three separate parcels for the above identified uses; and
WHEREAS, Santa Clara City Code 18.112.040 ("SCCC") provides for the review and recommendation of the City's Planning Commission of all rezoning requests before action by the City Council; and
WHEREAS, SCCC 18.112.030 requires that the City Council consider rezoning of a property only after holding a public hearing; and
WHEREAS, SCCC 18.112.060 requires that notice of the hearing be given by posting the property in at least three conspicuous places at least ten days prior to the hearing date; and
WHEREAS, SCCC 18.112.060 further requires that notice of the hearing be given by mailing notices to property owners, as of the last assessor's roll, within 300 feet of the boundary of the property; and
WHEREAS, notices describing the proposed rezoning were sent to neighboring property owners on June 4, 2007; and
WHEREAS, notices describing the proposed rezoning were posted at the Project Site on June 7, 2007; and
WHEREAS, Parcel 3, as shown on the Parcel Map, will be developed for senior housing for low and very-low income seniors; and
WHEREAS, the project applicants have requested a density bonus and incentives in order to make the affordable senior housing project feasible; and
WHEREAS, SCCC 18.78.050 requires that consideration of such density bonus and incentives occur concurrently with rezoning of a property; and
WHEREAS, following a noticed, public hearing on the rezoning and other project approvals, the Planning Commission adopted Resolution No. 07-002, Certifying the Final Environmental Impact Report, Making Findings Concerning Mitigation Measures, Adopting the Mitigation Monitoring and Reporting Program, Making Findings Concerning Alternatives and Adopting the Statement of Overriding Considerations in Accordance with the California Environmental Quality Act for the VTM ("Planning Commission CEQA Resolution") and Resolution No. 07-003, Recommending to the City Council of the City of Santa Clara that it (1) Approve the General Plan Amendment; (2) Rezone the Property to Planned Development and Public Use; (3) Approve the Vesting Tentative Map; and (4) Adopt the Development Agreement ("Planning Project Resolution"); and
WHEREAS, the Santa Clara Gardens Project includes all of the Santa Clara Gardens Project entitlements, including Resolution No. 07-7429 ("CEQA Resolution"); Resolution No. 07-7430 ("General Plan Amendment Resolution"); Resolution No. 07-7431 ("Parcel Map Resolution"); Resolution No. 07-7433 ("Vesting Tentative Map Resolution"); Ordinance 1821 ("Development Agreement Ordinance") and this Rezoning Resolution (collectively the "Project"); and
WHEREAS, before considering the Rezoning of the Project Site, the City Council reviewed and considered the information contained in the Final Environmental Impact Report for Santa Clara Gardens Project (SCH #2003072093) ("FEIR"); and
WHEREAS, the City Council finds that the mitigation measures identified in the FEIR have been incorporated into the FEIR and imposed on the Project, sufficient to mitigate or avoid the significant environmental effects; and
WHEREAS, certain mitigation measures identified in the FEIR are within the responsibility and jurisdiction of another public agency, and such changes can and should be adopted by such other agency, and that specific economic, social and other considerations make infeasible the project alternatives that would avoid or mitigate the environmental impacts, and that social, economic and other benefits outweigh the environmental impacts that cannot be fully mitigated; and
WHEREAS, the City Council has reviewed the requested rezoning and density bonus and incentives for the senior housing component of the Project and conducted a public hearing.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AS FOLLOWS:

1. That Parcel 1 of the Parcel Map, consisting of approximately 1.04 acres, shown on Exhibit A, attached hereto and incorporated by this reference, is hereby rezoned from "A" Agriculture to "B" Public Park.
2. That Parcel 2, consisting of approximately 9.90 acres, shown on Exhibit A, is hereby rezoned from "A" Agriculture to PD (R3-18D).
3. That Parcel 3, consisting of approximately 6.45 acres, shown on Exhibit A, is hereby rezoned from "A" Agriculture to PD (R3-25D).
4. Rezoning Findings. Pursuant to SCCC 18.112.010, the City Council finds and determines that the public necessity or convenience of the general welfare require the rezonings set forth above in order to support the development of more open space through the provision on a one-acre park; by providing additional housing opportunities for low and very-low income senior citizens; and by increasing the available housing stock in the City of Santa Clara for all persons through the single-family residential development included in the Santa Clara Gardens Project.
5. Density Bonus Findings. As it relates solely to Parcel 3 and pursuant to SCCC 18.78.030, the City Council finds and determines that the granting of a density bonus and other incentives is warranted to make the development of Parcel 3 economically viable and feasible by allowing greater density and by allowing one parking space per unit where the Zoning Ordinance requires two parking spaces per unit, reduced covered parking and reduced parking stall dimensions, and increased building heights, thus increasing the available stock of housing and increasing the number of affordable senior units in conjunction with the development of Parcel 3.
6. That, based on the findings set forth in this Resolution, the CEQA Resolution and the evidence in the City Staff Report, the City Council hereby rezones the Project Site as set forth herein.
7. That, based on the findings set forth in this Resolution, the CEQA Resolution and the evidence in the City Staff Report, the City Council hereby approves the density bonus and incentives for Parcel 3, as set forth herein.
8. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City Council of the City of Santa Clara hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 19TH DAY OF JUNE, 2007, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Caserta, Kennedy, Kolstad, Kornder, Moore and Mayor Mahan
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: McLeod

ATTEST: /s/ Rod Diridon, Jr.
ROD DIRIDON, JR., CITY CLERK, CITY OF SANTA CLARA

Attachments Incorporated by Reference:
1. Exhibit A: Parcel Map