Land Use

Martha Beattie:
LWV-SCC, of which LWV-SJ/SC is a part, supports the Land Conservation Initiative on conservation of open space. This is in congruence with the Land Use Planning Policies position that supports planned growth policies that, among other objectives, calls for population density compatible with resources and high quality environment, and preservation and conservation of natural resources and open space. Measure A would amend the Santa Clara County General Plan to: · Protect hillsides, watersheds and wildlife habitat. The area covered is more than 400,000 acres. · Prevent urban sprawl into rural lands. It provides longer-term certainty that rural unincorporated lands outside of city limits will remain rural. · Preserve ranchlands and agriculture. It prevents the division of land into parcels too small for farming and ranching, and broadly permits agricultural uses while prohibiting conflicting uses. · Protect ridgelines and scenic views. Structures would not be located on ridgelines, unless there is no other possible site on the parcel, and overall development would minimize the visual impact from public roads and parks. · Safeguard water and air quality. Uses are not permitted unless a safe, adequate, sustainable water supply is demonstrated. · In general, maintain Santa Clara County as a desirable place to live and work. The property covered has been regulated by the County, most of it taxed for agriculture and other low-intensity uses, not for development potential. The Initiative does not affect the validity of existing legal parcels, developments, and land uses, and permits further development. It explicitly provides that it is not to be applied, despite its literal terms, if its application would deprive a property owner of legal rights. Further information, and the text of the initiative, is available at http://www.openspace2006.org/initiative.htm
Note: Since Measure A is a county measure, action will be taken at a county level. If you are interested in participating, please contact Martha Beattie action@lwvsjsc.org

COYOTE VALLEY PLANNING APRIL 2006

Coyote Valley Planning
League has been active on Coyote Valley. Laurie Gaumer spoke to the LAFCO committee regarding agriculture mitigation and Peter Szego spoke on the same subject at a March 3 workshop.
The Coyote Valley Specific Plan Task Force (CVSPTF) meeting of March 13 reviewed policy issues, stakeholders' comments, and staff recommendations on an Affordable Housing Strategy. There will be further opportunity for the task force and public to comment on these staff recommendations:
Each market rate development should provide the equivalent of 20% of its units as affordable:

For-sale developments should be required to make units affordable to moderate income households.

Rental developments should be required to make the equivalent of 8% of units affordable to very low-income households and 12% affordable to low-income households.

The CVSP Affordable Housing Strategy should be flexible with a range of alternative methods for developers to meet the 20% affordable housing requirement, including direct production, payment of in-lieu fees, and land dedication under specific circumstances.
The CVSP Affordable Housing Strategy should be consistent with the City's existing Inclusionary Housing Policy, requiring developers to fund the gap associated with the development of all units targeted to moderate income, low income, and very-low income households:

Allow the use of 20% Low and Moderate Income Housing funds to be provided only for units in excess of those required under this strategy, and only for projects that have 50% or more of units affordable. Also, allow the use of 20% funds to deepen the levels of affordability for rental units from very low-income to extremely low-income levels.

Coyote Valley Planning

COYOTE VALLEY PLANNING by Virginia Holtz
The planning for Coyote Valley development is on an accelerated schedule with meetings scheduled twice a month. Council Member Nancy Pyle is the new co-chair, replacing Mayor Gonzales, who resigned in December. Presentations on a new Gavilan College campus, Community Health Care Services, Draft Greenbelt Strategy, and Proposed Agricultural Mitigation Approach have been discussed in recent months. In addition to more frequent task force meetings, there will now be regular updates at city council workshops, outside of council meetings.
Gavilan is planning a fifty acre campus near Santa Teresa Boulevard in the Coyote Valley. By state law, the college can locate anywhere within their district. Gavilan representatives were urged to design an urban campus in Coyote Valley and help change state law to enable an urban campus to be built.
After two community focus group meetings discussed the future health care needs of uninsured/under-insured in Coyote Valley, a number of goals and objectives were recommended to provide adequate health care facilities. This is the first time any land use planning has included a public/quasi-public health care facilities infrastructure financing program.
A greenbelt strategy for Coyote Valley was presented briefly, with more in depth information and discussion scheduled for a future meeting. A new proposal, Agricultural Land Mitigation, is being discussed which is a first for San Jose. Agricultural Mitigation through the California Environmental Quality Act (CEQA) means farmlands will be replaced/relocated to another area. In the past, significant impacts in loss of agricultural lands due to development were deemed unavoidable. Staff intends to use the California Agricultural Land Evaluation and Site Assessment Model (LESA) of 1997 to assess impacts of agriculture and farmland. This model used in the CEQA process will provide the methodology for analysis. At the same time, the city is considering an Agricultural Mitigation Policy which would effect all future large scale projects. League spoke in support of an Agricultural Mitigation Policy during the city's workshop.
An affordable housing and greenbelt strategies will be discussed in the meetings ahead. For more details view the website http://www.sanjoseca.gov/coyotevalley/

Development of Coyote Valley

COYOTE VALLEY STUDY GROUP LEADERS 2004

The League of Women Voters, at all levels of organization, supports planning for growth management through the General Plan process. The LWV San Jose/Santa Clara recognizes that the Coyote Valley is an integral part of San Jose economically, geographically and as a user of city services. The Valley also has regional importance, particularly in terms of its open space and watershed functions and the impact of its development on neighboring jurisdictions.
The League does not advocate development of Coyote Valley. However, in view of the City's movement toward adoption of a Specific Plan for this area, the League emphasizes the need for careful planning that promotes environmental and economic stability and incorporates zoning and design controls to develop a livable and aesthetically pleasing outcome.
1. The League supports the merger of the northern area originally considered for industrial use with the central area considered for residential use into one mixed-use area with the understanding that:

A. Residential areas should be buffered from disruptive manufacturing activities or heavy industry.
B. Growth should be compact, oriented to transit, with integration of jobs and housing.

2. The League supports broad environmental traffic and economic analyses that will provide the information necessary to make long-term decisions, keeping in mind:

A. The uniqueness and large scale of Coyote Valley.
B. The effect of development on all of San Jose and the surrounding region.
C. Coyote Valley's natural function as a watershed/ drainage area. Planning must incorporate the factors of runoff and flooding, the high water table, the flow of water all the way to the Bay, and protection of the underground aquifer and water supply.

3. The General Plan establishes conditions, known as triggers, which must be met and in place before development can occur. The League considers these triggers to be relevant and critical and they should not be weakened or abandoned. These triggers are:

A. Building permits are issued for 5,000 new jobs before housing is built.
+ League supports phasing in housing and jobs to maintain the critical jobs-housing balance. Furthermore, these jobs must be new and not displace jobs from other parts of the city.

B. The City's fiscal position is stable, predictable and adequate for the long-term.
+ The League is concerned that Coyote Valley development does not have a negative impact on the City's fiscal stability and commitments to other parts of the city and to other major projects.

C. City services are maintained at the same level as in 1993.
+ The League believes that services for residents of Coyote Valley must not come at the cost of reduced services for residents in any other part of San Jose.

D. There is reasonable certainty that the City's fiscal relationship with the State and other levels of government will not be significantly altered for a five-year forecast.
+ The League is aware of the results on the City of such acts as expropriation of local funds by the State to help balance the State's fiscal shortfalls.

4. Coyote Valley's Specific Plan should include the Greenbelt. Accessible open space is an invaluable part of Coyote Valley and San Jose. It should be preserved through:

A. Mechanisms that ensure, create and protect open space.
B. Offering incentives for the protection of habitat and recreational and agricultural uses.

The League concludes that Coyote Valley development should be based on a comprehensive plan that promotes environmental and economic sustainability, especially in regard to open space, public services, water and hydrology elements, habitat conservation and public transit systems. The plan should incorporate zoning and design controls to develop a livable and aesthetically attractive community. The community should be of environmental and economic benefit to the City and a good neighbor to adjoining jurisdictions.
Adopted: 2004

Land Use General Principles and Policies

1. Master Plans: Support the principle that a community should have a master or general plan which is a written policy statement of community goals. An effective master plan should be general, comprehensive and long range; based on current economic and land use studies; state goals agreed upon by citizens and the legislative body; clear, concise, readily available and meaningful to the ordinary citizen; used as an educational document as well as guide to the city's growth; and periodically reviewed. Citizens with diverse interests and backgrounds should play an active role in developing the plan. The general plan must be the adopted policy statement of the elected legislators. Once adopted, it must have strict adherence.
2. The Planning Director: Should be a professional planner, qualified by a degree in planning and experienced in this field. Particularly important are abilities as an administrator and in public relations.
3. The Planning Commission: Should be composed of qualified persons of diverse occupations and interests who represent a cross-section of the community. As an advisory group to the legislative body, the commission has responsibility for both the mechanics of zoning and public education, with emphasis on working with citizens' groups and public education.
4. The Planning Department: Should have more power in zoning matters, with final appeal of decisions with the legislative body. An architect and/or landscape architect should be on the department staff.
5. Citizen Advisory Committees: Should be appointed by the Planning Commission, broadly based, and established on an ad hoc basis for a specific planning issue. Citizen Advisory Committees are desirable to inform the commissioners of diverse citizen views and to involve more citizens in the planning process and should reflect the racial and ethnic diversity of the community.
6. County-Wide Planning: Is essential to be done by an effective governmental planning agency. Such a county-wide agency should be set up, preferably by county ordinance, but if voluntary cooperation fails to be effective, the State of California should create the agency. San Mateo County's Regional Planning Committee could serve as a model for this agency. Membership could be a combination of legislators, planning commissioners, planning directors and citizens. Effective use should be made of planning staffs from city and county planning departments, community experts, and particularly the wealth of academic persons in the county.
7. Architectural Control: Is strongly favored in some form. A program of architectural control could be implemented in a variety of ways.
8. General Plan: Support an Urban Service Area Boundary as a mechanism to phase growth and outline the urban container.

A. Support Level of Service policies which require accurate records of service delivery and service potential as determined by scheduled improvement. Support the adoption of a Level of Service Standard for city service delivery. Service levels cannot be allowed to fall below the minimum standard adopted. New development which would cause the delivery of city services to fall below the minimum standard should be strictly curtailed in the affected areas until services can be provided at the proper levels.

B. Exceptions to General Plan policies which are made for reasons on "overriding considerations" must be based on supportable fact and be able to stand up to judicial review.

C. A specific EIR must be prepared for major expansions of the Urban Service Area Boundary or for significant exceptions to adopted General Plan policies.

D. Urban development should not be permitted on hillsides above the 15% slope line because of safety considerations, service delivery difficulty and expense, and the value of hillsides as scenic and environmental resources.

E. Sewage treatment capacity should be a major factor in determining land use in the General Plan. Responsible planned growth includes responsible planning for sewage capacity.

Adopted: 1965
Updated 1983, 2002

Supplement to Land Use Position

Support cooperation by the County of Santa Clara and the cities within its boundaries in zoning decisions affecting land use adjacent to or within city boundaries. Such decisions should be compatible with a city's long range plans for land use in its sphere of influence.
2. Support land use policies that control, direct, and limit growth.
3. Support the need for a strong diversified economy, providing employment, services, and tax base for the cities and the county. In order to attain and maintain a sound economic base, support city and county commercial and industrial development polcies that will promote local employment oppotunities and protect environmental quality. Such policies should:

A. Encourage the location here of firms that employ local residents primarily.

B. Encourage the location here of firms that use non- polluting processes.

C. Require industries to meet official local and other jurisdictional environmental quality standards.

D. Provide aid in job placement, job training and job retraining as a proper function of government.

E. Insure that plans for industrial and commercial zones are compatible with adjoining community land use, transportation facilities and public services.

F. Discourage the location here of firms that do not employ local residents primarily, whose processes do not meet environmental quality standards and/or that are in other ways detrimental to the policies of promoting a quality environment and controlling growth.

4. Support resolution of conflicts between economic, social and environmental goals through public, objective evaluation of complete information of the proposal's impact on the community or communities involved.
Adopted: 1973

Zoning

Support the principle of zoning as a means of implementing the policies stated in the general plan. The zoning ordinance should be periodically reviewed and revised, with a major revision at least every five years; include a section on sign and billboard control; allow Planned Unit Development for residential, commercial and industrial uses (a mixture of these uses and/or density increase could be allowed if desired); require utilities to be underground when replaced. Citizens must be notified of rezoning hearings, preferably by letter, but also by newspaper publication. Grouping hearings by planning area and holding a meeting every two or three months would facilitate citizen participation and notification of hearings would also enable the county to work more effectively with different citizens and areas within cities. A county-wide zoning language is desirable.
Zoning is ncessary in our society to protect individual rights as well as to promote the common good. The zoning ordinances should implement the policies stated in the general plan, but the ordinance itself should not be incorporated into the general plan.
Citizens should be notified of hearings on zoning not only by posting but also by publication in local newspapers and by mail to immediate area residents. Zoning hearings should be grouped according to area to facilitate citizen awareness and participation in the planning process.
Periodic review and revision of the zoning ordinance is necessary, no less than every five years. Zoning ordinances should reflect actual zoning practices and incorporate new ideas in planning. Maps and texts should be readily available in City Hall.
Support a county-wide zoning language based on the Santa Clara County Planning Department proposal but with each city using only those symbols that are relevant to it.
Support a sign and billboard control ordinance.
Support Planned Unit Development for residential, commercial and industrial uses. Such PUD's could have mixed uses and increased densities as long as controls were strictly applied and densities were related to the servicing facilites such as roads, schools, and sewers.
Support undergrounding of utilities in new construction areas, particularly in subdivisions. Worn out utilities in all types of developments should be replaced by underground utilities when feasible.
Adopted: 1965

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