Santa Clara County Land Conservation Initiative
(Summary)

Findings

Growth; Destruction of Natural Resources
Santa Clara County has experienced massive, rapid development.  Many of the valuable natural and historic qualities of the County have been destroyed.  Much that remains is in jeopardy.

Rural Development
Substantial residential development has occurred in existing rural areas.  This development destroys and obscures rural landscapes.  Undesirable industrial, commercial and governmental uses have also taken place in rural areas.  There are many natural hazards affecting development in these areas.

Agriculture
County agricultural lands are an irreplaceable resource. They are cut up into lots for residential development, which is incompatible with farming and ranching.  Land speculation for development needs to be discouraged, so that land is affordable for farming.  Preservation of agriculture is key to preserving open space and natural resources.

Housing and Services
The areas subject to this Initiative are not suitable for affordable housing.  Rural housing on large lots uses a great deal of land, but provides relatively little housing, certainly not housing affordable to the overwhelming majority of residents and prospective residents in the County.  Facilities and services would be costly.

County Regulations
County development controls need to be strengthened and made more secure.  Thousands of houses, as well as inappropriate industrial and commercial uses, are now permitted in rural areas.  Minimum parcel sizes are too small to preserve agriculture and natural resources.  Visual safeguards are inadequate.  Special protections are needed for riparian corridors, critical wildlife habitats and woodlands.  Existing controls can be weakened at any time by the Board of Supervisors.  By contrast, the Initiative can only be changed by the voters.  The Initiative provides a basic charter for future rural land use in the County.

The minimum parcel size in Hillsides areas shall be 160 acres.  If residential development is clustered, the County may allow one residence for each 40 to 160 acres, based on the average slope of the parcel, according to a slope-density formula.  The following table illustrates approximate application of the formula at certain average slopes.

(The current allowable density of clustered residential development is determined by a more permissive “20/160 acre variable slope density formula.) 

The density of development in areas designated “Ranchlands” shall be based on a 160 acre minimum parcel size.  (currently 160 acres base, but as low as 20 acres using slope density formula)

For areas designated ‘Agriculture – Large Scale,’ minimum parcel sizes shall be no less than 40 (currently 40) acres.

Uses are not permitted unless a safe, adequate, sustainable water supply is demonstrated.  Habitable dwellings are not allowed if, after permissible mitigation, they are subject to high fire hazard from vegetation, lack of fire fighting capability or other reason.

The following uses are permitted, with their customary and appropriate ancillary structures and uses, provided that they comply with the Plan and all implementing measures:
(Uses preemptively authorized by Federal or State law also are permitted.)

(1) Agriculture, horticulture, arboriculture, gardens, nurseries, poultry farms, and rearing, care and rental of animals, but not commercial feedlots;

(2) Processing and sale of agricultural produce or plants; agricultural services and manufacture of products to meet unmet needs of County agriculture;

(3) One single-family dwelling unit per parcel, secondary housing required by State law, and housing which the County reasonably finds is necessary for bona fide agricultural workers on a farm or ranch;

(4) Low intensity outdoor recreation and auxiliary uses compatible with a rural environment and preservation of natural resources;

(5) Accommodations for short term visitor lodging, not to exceed 10 units;

(6) Exploration, mining and storage of minerals, water, oil and gas, consistent with all Federal, State and County regulations;

(7) Energy production from wind and sun;

(8) Collection and treatment of wastes to meet the needs of residents in Hillsides, Ranchlands and Agricultural Areas, except to the extent Board of Supervisors finds more extensive need that cannot safely be met outside those areas;

(9) Small-scale commercial and professional uses to meet needs of rural residents and uses (not in Agricultural Areas);

(10) Institutional and nonprofit uses that serve rural residents, or small facilities for meetings and events;

(11) Government and public utility facilities to meet the need of areas covered by the Initiative, except to the extent the Board finds more extensive need that cannot be met outside those areas.

Additional Protections for Areas of Special Concern

Stream Corridors.  No development, use or land alteration of water or native vegetation may be permitted in a riparian corridor if it would appreciably impair quantity or quality of water or native vegetation in the corridor, except for necessary utilities and flood control, water supply and transportation projects.
 
Wildlife Habitat.  No development or use may be permitted that would reduce numbers of endangered or threatened species, unless permitted under a valid Habitat Conservation Plan.

Forests and Woodlands.  No commercial timber harvests unless State approval, except for limited firewood and for safety, forest health, and permitted development.

Development Envelopes

All buildings on a parcel must be placed within a contiguous building envelope, not to exceed three acres, except for nonresidential buildings and farm labor housing to extent Board finds essential for permitted uses.

Maximum Floor Areas

The maximum aggregate floor area may not exceed 2% of the parcel’s area, or 20,000 square feet, whichever is less.  For any parcel, up to 10,000 square feet may be permitted.

The Board may increase the maximum floor area by up to 40,000 square feet, in aggregate, if proven indispensable for specified permitted uses, or if necessary for agriculture.

Visual Safeguards

Structures may not be located on ridgelines, hilltops or slopes of 30% or more, unless there is no other possible site on a parcel.  Structures and roads shall be located, built and landscaped, to the extent feasible, to minimize the visual impact from public roads and parks.  Lighting and signs are restricted to limit visibility.

The Initiative does not affect the validity of parcels, development, and uses that legally existed at the time the Initiative became effective, unless they are voluntarily eliminated or abandoned.

Inconsistent County Plans, Ordinances, and Actions

To the degree there is any inconsistency between the Initiative and another part of the General Plan, the Initiative governs.  However, the voters in the Initiative establish only minimum standards and restrictions, which the Board of Supervisors may increase without creating inconsistency.  The Initiative supersedes all inconsistent County special plans and ordinances.

Implementation and Enforcement

The County shall implement and enforce the provisions of the Initiative diligently and effectually. Residents of the County may also enforce the Initiative by legal actions for writs of mandate and injunctive relief against the County or any person or entity in violation.  The County shall review carefully all proposed development for consistency with the Initiative.  The Board of Supervisors has legal authority to implement the Initiative.

Amendments

This Initiative may be repealed or amended only by a vote of the people of Santa Clara County.

Housing Requirements

Nothing in the Initiative shall preclude County compliance with any legal obligation to provide for housing.

Property Rights

Nothing in the Initiative is to be applied if it would deprive any person of Constitutional or other legal rights, or violate the law in any way.