Fail: 192,725 / 49.26% Yes votes ...... 198,523 / 50.74% 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 to adopt Measure A and amend the General Plan of the County of Santa Clara.

A NO vote on this measure means:

A "no" vote is a vote not to adopt Measure A and not to amend the General Plan of the County of Santa Clara.

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
County Counsel

By: /s/ Susan Swain
Lead Deputy County Counsel

The County General Plan

Debate video

proponents and opponents debate Measure A

Oct. 11 (Wed.) 7 p.m. at Mtn. View Council Chambers, 500 Castro St., M.V. Pros & Cons of Measure A sponsored by LWV Los Altos/Mtn. View Area and LWV Palo Alto

San Francisco Chronicle, Oct. 12 2006

San Jose Mercury News

Nov. 2006 election articles

Gilroy Dispatch, September 27. 2006

Proponents

• PLAN - People for Land and Nature
  - FPPC I.D. #1283258

• Alliance For Housing and the Environment
  - FPPC I.D. #1286248

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.

http://www.OpenSpace2006.org

/s/ Blanca Alvarado
Supervisor, Santa Clara County

/s/ Susan Hammer
Former Mayor, San Jose

/s/ Bob Hirt
President, Santa Clara Valley Audubon Society

/s/ Fred Armstrong
President, League of Women Voters

/s/ Dennis Kennedy
Mayor, City of Morgan Hill

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
County Supervisor

/s/ Debra J. Giordano
Milpitas Councilmember

/s/ Michael N. Miller
President, Santa Clara County Cattlemen's Association

/s/ Dennis Wan
President, Chinese-American Chamber of Commerce

/s/ George E. Guglielmo
President Emilio Guglielmo Winery

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.

THREATENS FARMING

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.

Information: http://www.VoteNoOnMeasureA.com

/s/ Donald F. Gage
Supervisor, Santa Clara County

/s/ Laurie Smith
Santa Clara County Sheriff

/s/ Jenny Derry
Executive Director, Santa Clara County Farm Bureau

/s/ Douglas A. McNea
President, Silicon Valley Taxpayers' Association

/s/ Clarence C. Stone
Chairman, Santa Clara County Hillside Association

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:

• Measure A explicitly provides that wireless facilities are permitted in rural areas if "they are required and there is no effective [other] location."

• Measure A will protect wildlife habitat from development. This is why every environmental organization supports Measure A.

• The minimum parcel size for Agricultural lands will remain the same as under the current General Plan.

• Measure A freely permits wineries and farmers' markets that sell local produce.

• Measure A discourages annexations to cities + they will no longer have to worry about inappropriate County development on their borders.

• Measure A encourages private owners to make their lands available for public outdoor recreation.

http://www.OpenSpace2006.org

/s/ Liz Kniss
Supervisor, Santa Clara County

/s/ Tom McEnery
Former Mayor, San Jose

/s/ Paul Draper
CEO, Ridge Vineyards

/s/ Karen Maki
Chapter Chair, Sierra Club

/s/ Phaedra Ellis-Lamkins
Executive Officer, South Bay Labor Council

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:

• Preserve the Natural Resources, Open, Rural Character and Scenic Beauty of Hills, Watersheds and Agricultural Lands
• Safeguard Water Supplies and Water Quality
• Maintain and Enhance Ranching and Farming and their Economic and Social Importance
• Assure Residents Contact with Nearby Nature and Opportunities for Outdoor Recreation
• Provide Balance between Urban Areas and the Beauty and Peace of Rural Environments
• Protect People from Fire, Flood, Landslides and Other Hazards
• Avoid Overburdening Rural Public Facilities, and Costs to Property Owners and Taxpayers for Services for Rural Development
• In General, Preserve the Natural Characteristics and Environment that Make Santa Clara County a Unique, Desirable Place to Live and Work, and Maintain a High Quality of Life for Current and Future County Residents.

The citizens of Santa Clara County deliberately find and declare:

(a) Growth; Loss of Natural Resources
Originally, Santa Clara County was blessed with a remarkable, Eden-like, natural environment. In recent decades, there has been rapid, extensive development. A substantial part of the County has been paved and roofed over, including most of its bountiful farmland, once known as the "Valley of the Heart's Delight". Many of the County's natural qualities have been lost or impaired. Much of what remains is in jeopardy.

(b) Environmental Values
Conservation of natural resources and open lands is important to County residents. Conservation permits contact with nature and outdoor recreation, near where people live, and scenic vistas of undeveloped hillsides, watersheds and farmlands. These experiences are beneficial psychologically as well as physically. This Initiative provides a healthy balance between the bustle and congestion of urban areas and the tranquility and beauty of rural lands. Water supplies are secured by protection of reservoirs and underground aquifers. Wild animals and plants, including rare and endangered species, will be saved, as will historic and archeological sites. Preservation of our remaining natural heritage helps residents maintain a sense of identity, of place and community. It will contribute greatly to the character of life in the County, as a desirable place to live and work. In a competitive world, environmental quality is essential to the County's economic well-being.

(c) Rural Development
Significant residential building has occurred in the County's remaining rural areas; much more is in prospect. New residences often are large and are accompanied by accessory buildings, fences, and grading, which magnify their impact. Frequently they are located on ridgelines or hilltops or next to roads where they are highly visible. This residential development destroys and obscures large areas of nature and open space, and irreparably changes the character of rural landscapes. Aggravating the situation, there are many subsize parcels, which because of their location, size and other physical limitations are not safe or appropriate for residences. Furthermore, incompatible non-residential uses, industrial, commercial, and governmental, have been built in rural settings, and are a constant threat. Pressures to build on hillsides, farmlands and other rural lands will only mount with future population increase and economic growth.

(d) Natural Hazards
Natural hazards affecting human safety and well-being are prevalent in the hilly and remote areas covered by the Initiative. As the current General Plan details, a major part is subject to soil instability, subsurface faults, flooding or fire danger, as well as steep slopes. Large areas have been classified by the State as "Extremely High" or "High Fire Hazard Areas". Many parcels have an inadequate or unreliable water supply. Development can add soil destabilization, runoff, surface and groundwater pollution, and heightened fire risks which increase jeopardy to rural and urban residents.

(e) Agriculture
County agricultural lands are an irreplaceable resource, among the most productive in the State, yielding close-at-hand fruits, vegetables and other produce. Agriculture remains a vital part of the County's economy and character. It provides invaluable environmental services - soil conservation, water supply, flood control, wildlife habitat, air pollution limitation - as well as cultural diversity in a highly urbanized area. Maintenance of farming and ranching is key to preserving nature and open space in the County. In large part, lands covered by the Initiative have been regulated and taxed as agriculture for many years, rather than for their development potential.

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.

(f) Housing and Services
The areas subject to this Initiative are not planned by the County or suitable or affordable housing. Generally, they lack the public and private facilities necessary for substantial residential development + adequate and safe roads, waste disposal, law enforcement, stores, medical care and other necessities. Provision of facilities and services for rural development would be costly to taxpayers and to homeowners, especially compared to the costs of development in existing built-up areas. Rural housing on large lots uses huge amounts of land, with heavy environmental costs, but provides relatively little housing, certainly not housing affordable to the vast majority of County residents.

The Initiative makes provision for full compliance with State housing law, if areas covered are ever needed to meet State requirements.

(g) County Regulations
The existing County General Plan has many good provisions, but needs to be strengthened and made more stable. The Plan and zoning ordinance permit substantial further development in rural areas, including thousands of houses, as well as inappropriate industrial and commercial uses. Minimum parcel sizes + as little as 20 acres in Hillsides and Ranchlands Areas - are too small for agriculture or to preserve natural qualities. Limits on the size of buildings, and the area over which they may be spread, do not exist or are too permissive. Visual protections are inadequate. Further safeguards are needed for sensitive riparian corridors, critical wildlife habitats and woodlands. In large part, the current Plan gives the Board of Supervisors broad discretion to allow development. Where the Plan does impose definite limits, it is subject to change at any time by the Board. In key contrast, repeal or weakening of Initiative provisions would have to be approved by voters of the County. The Initiative provides a more stable, basic charter for land use in rural areas.

(h) Burden of Proof
Within the meaning of California Evidence Code Section 669.5(c)(3), this ordinance is designed to protect agricultural use as defined in Government Code Section 51201(b) and open space land as defined in Government Code Section 65560(b).

(i) Federal and State Law
This Initiative is subordinate to Federal and State law, which in some cases is not predictable prior to court decision and is subject to change. Consequently, the Initiative provides explicitly that it is not applicable, notwithstanding its literal terms, if its application would be inconsistent with Federal or State law. This inapplicability is to ensure that the Initiative will not violate governing law, current or future, nor subject the county to any liability.

Section 3. General Plan Amendments

Sections 1 and 3 through 20 are added to or otherwise amend the Santa Clara County General Plan. These amendments, as further limited by their terms, apply to Hillsides, Ranchlands, and Agriculture Areas, which are defined in Section 17. The amendments shall be located in the Plan as specified or, absent specification, as proper, subject to appropriate relocation by County officials. Initiative provisions shall be distinctly identified in the Plan. Material deleted from the Plan by amendments is in strikeout type (crossed out).

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

(a) Notwithstanding their literal terms, the provisions of the Initiative are not applicable to the extent courts determine that if they were applied they would deprive any person of rights or privileges under the United States or State constitutions or laws, including "taking" property without requisite compensation, or would be contrary in any respect to the constitutions or laws. These explicit limitations on applicability of the Initiative are to make certain that its provisions do not infringe legal rights or violate the law in any way, or subject the County to any legal liability.

(b) To the extent that a provision of the Initiative does not apply because of subsection (a), the County shall permit only that parcel creation, development, use or surface alteration that is necessary to meet the requirements of law and, consistent with those requirements, complies with other provisions of this Plan and most nearly implements the text and objectives of the Initiative. (The Initiative does not require the County to pay compensation rather than to desist from a taking.)

Section 6. Housing Requirements

(a) Nothing in the Initiative, including in this Section, shall be applied to preclude County compliance with any Federal or State legal obligation to provide for housing.

(b) To the maximum extent possible, the County shall meet State housing requirements in accordance with this Plan. If the County must further use Hillsides, Ranchlands or Agriculture Areas to comply with these requirements, it shall: (1) locate the housing adjacent or as near as feasible to existing or planned urban density housing; (2) use no more land than is necessary, within reason, to satisfy the requirements; and (3) ensure that at least 30% of the housing involved is effectively committed long-term to occupancy by senior and other moderate, lower and very low-income households, with at least 15% of the total housing for lower and very low-income households.

(c) If Areas subject to the Initiative must be used for legally required housing, beyond the uses permitted by other sections of the Initiative, the minimum parcel size, limit on the number of dwelling units on a parcel, maximum floor area, and maximum building envelope of the Initiative shall not apply to the required housing in order to provide affordable housing and to limit the use to the minimum area reasonably needed to meet 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:

R-LU 19

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:

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

The standard allowable density of residential development shall be that of one dwelling unit per 160 acres, unless the development is proposed as a "cluster development." If development is proposed as a residential cluster, the allowable density shall be as determined by the "20160 acre variable slope density formula." Residential development must be designed as a cluster in order to utilize the 20160 acre slope-density formula. (see illustration of 20160 acre slope density formula) (a) If the average slope of the parcel is 10% or less, the average area per dwelling unit shall be 20 acres. (b) If the average slope of the parcels is 50% or above, the average area per dwelling unit shall be 160 acres.

(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 residences and the locations of all other permitted uses proposed as accessory structures shall be specified in the design; the combined area of these envelopes on a parcel which shall not exceed 3 acres multiplied by the number of dwelling units permitted by the provisions of Policy R-LU 19 10% of the gross acreage of the site; building envelopes in a cluster shall be as compact as reasonably practicable, consistent with the other provisions of this Plan:

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 no individual parcel created for residential development shall be less than 2 acres in size;

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: it is mandatory that no less than 90% of the land area outside of permitted building envelopes shall be preserved permanently as open space through dedication of open space or conservation easements precluding any future development:

b. areas subject to easement may be made a separate legal parcel, notwithstanding Policy R-LU 19 the open space may be dedicated through easements over portions of individually - owned parcels or may be configured as separate parcels owned in common or individually;

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

(b) Ranchland Areas.

Policy R-LU 41 is amended as follows:

R-LU 41 Density of development in areas designated "Ranchlands" shall be not less than determined by application of the "20-160 acre variable slope density formula," or, if not employed, 160 acres per dwelling unit.

2. The minimum parcel size shall in no case be less than 160 20 acres.

(c) Agriculture.

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.

(d) Language added by this Section to Policies R-LU 20 and 41 is underlined. Existing language in these policies omitted is unchanged and not reenacted. (Omissions within a sentence in R-LU 20 1. and 2. are indicated by ellipses.)

Section 8. Certificates of Compliance

The County shall not grant "Certificates of Compliance" except to the extent required by State law. Appropriate restrictive conditions shall be imposed on Certificates of Compliance, and the owner or subsequent transferee of property involved held to conformance with those conditions. A Certificate of Compliance by itself creates no right to develop, nor diminishes in any respect the County's authority to control development.

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:

R-LU 16

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:

R-LU 18

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. The range of allowable uses shall be limited to:

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

(a) Policies R-LU 36 and 37 are reenacted:

R-LU 36

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.

R-LU 37

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.

(b) Policy R-LU 39 is revised to read the same as Policy R-LU 18 (as amended by Section 10), except "Ranchlands" shall be substituted for "Hillsides" throughout the Policy, where the two terms are not used in conjunction.

R-LU 39

The primary use shall be ranching. Other allowable uses shall be: a. agriculture; b. low intensity recreational uses; c. mineral extraction; d. land in its natural state; e. hunting; f. wildlife refuges; g. very low density residential development; and h. very low intensity commercial, industrial, or institutional uses, provided that they primarily support ranching activities or the enhancement, protection, study or appreciation of the natural resources of the area.

Section 12. Permissible Uses in Agriculture Areas

(a) Policy R-LU 8 is reenacted:

R-LU 8

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.

(b) Policy R-LU 11 is revised to read:

R-LU 11

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.

Allowable land use shall be limited to: a. agriculture and ancillary uses; b. uses necessary to directly support local agriculture; and c. other uses compatible with agriculture which clearly enhance the long-term viability of local agriculture and agricultural lands.

Section 13. Resources of Special Concern

(a) Stream Corridors. Stream corridors are areas within the immediate banks of normal streambeds and 150 surface feet from those banks or, if a larger area, land adjacent to the banks with riparian vegetation, of any permanent or intermittent blue-line stream on the most recently published United States Geological Survey maps. Unless preemptively authorized by Federal or State law, development, use or surface alteration may not be permitted in a stream corridor that, cumulatively with other development, use or alteration, would impair appreciably the quantity or quality of water or native vegetation in the corridor; provided, however, otherwise permissible flood and erosion control, fire, disease and pest suppression, water supply and water quality projects, mining, transportation facilities (including trails), utilities and public parks may be allowed to the degree material, with the least stream corridor impairment necessary, for public safety, health or well being.

(b) Wildlife. No development, use or surface alteration may be permitted that would reduce appreciably the number, or the recovery in number, of one or more Federal or State endangered, threatened or candidate wildlife species, except as controlled and limited by a valid Habitat Conservation Plan or Natural Community Conservation Plan approved by the County as well as by appropriate State and Federal agencies.

(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

All buildings on a parcel shall be placed within a contiguous area, as compact as reasonably practicable, not to exceed three acres, except buildings for agricultural employee housing and for non-residential purposes may be located outside the three-acre envelope to the extent that the County finds reasonably that this is essential to achieve, in substance, the purposes of a permitted use or for consistency with other provisions of this Plan. Exceptions shall be located contiguous to the building envelope or as near thereto as possible, consistent with the purpose for the exception.

Section 15. Maximum Floor Areas

(a) The maximum aggregate floor area for all floors in all buildings on a parcel may not exceed 2% of the area of the parcel or 20,000 square feet, whichever is less; provided, however, the County may permit up to 10,000 square feet for any parcel or minimum area. In Hillsides and Ranchlands Areas greenhouses may not exceed a separate maximum floor area of 2% or 60,000 square feet, whichever is less.

(b) Consistent with other provisions of this Plan, the County may increase the maximum floor area by up to 40,000 square feet, in aggregate, for agricultural employee housing and for nonresidential buildings essential for permitted agricultural services, supply or manufacture, animal facilities, mining, waste management, camps, museums, and outdoor recreation auxiliary uses. The County may increase the maximum as necessary for permitted agricultural processing, packaging, storage and use, and for government and public utility buildings.

Section 16. Visual Safeguards

(a) New or reconfigured parcels shall be formed to minimize the visibility of development from public places. Unless there is no other possible configuration, parcels may not be created or reconfigured so that they have no site for each permissible building other than a ridgeline or hilltop, as perceived from public places.

(b) Development and alteration of land surface shall be subordinate to and blend harmoniously with surrounding natural and open space qualities. Unless there is no less visible site on a parcel, buildings may not be located on ridgelines or hilltops or where they will project into an upward or horizontal view of a ridgeline or hilltop, as seen from public roads or parks, or on slopes of 30% or more (measured according to their natural unaltered state). Structures generally shall be carefully sited, including by setbacks, to minimize their visibility from public roads and parks, to the extent reasonably practicable and not definitely inconsistent with other existing policies of this Plan. Subject to the same limits, preservation of native vegetation, landscaping, building materials and design, including height, mass and color, shall minimize the visibility of development and surface alteration from public roads and parks.

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.

(c) Visibility of development and surface alterations from public places, parks and roads shall be determined from a reasonable, representative sample of vantage points in those public places and parks and along those roads that will accomplish the objectives of this Section.

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

(a) The Initiative does not affect the validity of parcels, structures, uses and surface alterations to the extent that in fact they existed legally at the time the Initiative became effective, except to the degree that they are voluntarily eliminated or abandoned. However, parcels, structures, uses or alterations may not be changed or extended in ways that contravene provisions of the Initiative, unless the change is preemptively authorized by State law, or was permitted by Policy R-LU 152 with respect to the Monterey Highway Use Permit Area, on January 1, 2006.

(b) The Initiative shall apply with respect to proposed parcels, structures and surface alterations that have not received all required discretionary County authorizations and approvals prior to its effective date, except as precluded by State law.

(c) The Initiative applies to Santa Clara County and to County government and its components, as well as other persons and entities.

Section 19. Inconsistent County Plans, Ordinances, and Actions

(a) Except as provided in Section 24, to the degree that there is inconsistency between a provision of the Initiative and the application of any other provision of this Plan, the Initiative governs and inconsistent application of the other provision is precluded, unless the voters approved the other provision subsequent to approval of the Initiative.

(b) Any specific or other County plan that is not part of this General Plan and any zoning ordinance or other ordinance, resolution or regulation may not be applied to the extent that application would be inconsistent with the Initiative, except as State law mandates to the contrary.

(c) No subdivision or parcel map, development plan, development agreement, special or use permit, variance or any other authorization or action to the degree inconsistent with the Initiative may be approved, permitted or taken by the County (including approval or permission by operation of law because of inaction) or is legally valid, except as otherwise provided by State law.

(d) Provisions of this Plan or other County plans, ordinances, resolutions and actions that further the Plan, regardless of when adopted, are not to be deemed inconsistent with the Initiative because they impose prohibitions, restrictions, conditions or requirements in addition to or beyond those imposed by the Initiative. Purposely, the voters in the Initiative establish only minimum standards, restrictions, regulations and requirements, which the County may augment or extend without creating any inconsistency, provided it does not permit parcels, development, use or surface alteration barred by the measure.

Section 20. Implementation and Enforcement

(a) The County and County officials shall implement and enforce the Initiative diligently. They shall use the most effective means at their disposal to prevent, remedy and eliminate violations, subject to any official discretion required by State law. Violations may be prosecuted as misdemeanors, and are public nuisances.

(b) With notice to County Counsel, residents and organizations in the County may enforce the Initiative, and easements under Section 7(a), by judicial proceedings for writs of mandate and injunctions against any person, group, or entity in violation, or to prevent impending violations.

(c) The County shall review proposed parcels, uses, structures and surface alterations prior to required approvals to ensure compliance with the Initiative.

(d) The Board of Supervisors has authority by law to particularize and to implement the Initiative by appropriate measures and actions, in full accord with the Initiative's text and objectives.

Section 21. Effective Date

This Initiative shall become effective as provided by statute, except if all the General Plan amendments permitted by law in the year in which the measure is approved have been made, the Initiative shall become effective at the beginning of January as the first amendment of the following year.

Section 22. Amendments

This Initiative may be repealed or amended only by the voters of Santa Clara County, as provided by law.

Section 23. Severability

If one or more than one section, subsection, paragraph, sentence, clause, term, or application of this Initiative is held invalid or inapplicable, that shall not cause the invalidity or inapplicability of any other part or application unless the clear effect of holding that particular part or application valid or applicable would be to defeat, overall and on balance, the objectives of the Initiative.

Section 24. Conflicting Ballot Measures

If another measure relating to the General Plan on the same ballot as this Initiative is approved and receives more votes, the Initiative shall be effective, except if the other measure is, in fact, a competing or alternative comprehensive regulatory program for the Areas covered by the Initiative, or to the extent that its specific Plan provisions are in actual, definite, irreconcilable conflict with the Initiative.

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 (crossed out) is deleted from the Plan. The graph and table on Plan page Q-4 are excised (See Appendix). Material added to the Plan is underlined. Because of its great volume, text in the Plan unchanged is omitted, even within a paragraph or sentence, except to help understand an amendment. Material omitted within a sentence, although retained in the Plan, is indicated by ellipses. Plan page numbers in brackets are only page finders and are not enacted. Provisions amended by this Section may be amended by the Board of Supervisors, provided the amendment is fully consistent with the other Sections of this Initiative.

[A-4]

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-RC 69
Consistent with the Initiative, Eefforts to increase markets may include siting of industrial facilities, which will use recycled/reused materials as feedstock, thus providing local markets for materials collected by local recycling programs.

[K-3]
In the future, other highly specialized or unique land uses which require a remote or rural setting could, under these General Plan policy provisions, be given due consideration, as long as there are adequate procedures for public input and appeal, and the uses are consistent with the Initiative.

R-GD 5
Subject to the Initiative, and the process for amending initiatives, very limited provision should be made for highly specialized or unique land uses which otherwise would not be considered in conformance with General Plan policies. . . .

R-GD 7
In rural unincorporated areas, if there is an unpreventable areawide problem which can only be solved by extension of services by special district, assessment district, or private utility, then, subject to the Initiative, this form of service may be approved. . . .

R-GD 15
If a special area plan is intended to improve substandard conditions in areas that are already substantially developed or have existing roads and infrastructure, it may contain variations from General Plan policy or development standards if such variations improve or safeguard the environmental quality of the area and are consistent with the Initiative.

R-HG 1
To ensure the availability of housing affordable to households at all income levels, the County shall maintain and, where feasible, expand the supply of special needs housing, in accordance with the Initiative.

R-RC 3
Multiple uses of public lands intended for open space and conservation shall be encouraged so long as the uses are consistent with the Initiative and the objective of resource management and conservation.

R-RC(i) 15
Encourage compliance with current regulations ordinances governing allowable rates of timber harvesting through Conservation Districts and enhanced awareness among landowners of local and State CDF regulations regarding timber harvests.

R-RC 61
Allowable land uses in exclusive agricultural areas, provided they are permissible under the Initiative, shall be limited to a. agriculture and ancillary uses b. uses necessary to directly support local agriculture, and c. other uses compatible with agriculture which clearly enhance the long-term viability of local agriculture and agricultural lands.

R-RC(i) 23
Develop criteria by which to scrutinize proposals to expand the type of non-agricultural uses permissible in areas zoned Exclusive Agriculture, in accordance with the Initiative.

R-RC 75
New quarrying activities should be discouraged prevented where significantly visible from the Valley floor. . . .

[O-50]
Strategy #1
For example, residential subdivisions in Hillsides areas are encouraged to cluster development, as provided by the Initiative, and to maintain 90% or more of the land in permanent, undeveloped open space.

R-RC 102
Structures on ridgelines must be located, constructed or landscaped, in accordance with the Initiative, so that they do not create a major negative visual impact from the Valley floor.

R-RC(i) 38
Identify those areas of greatest sensitivity to visual impacts of development and apply design review requirements to development occurring within those areas. . . . [Not to apply to areas designated Ranchlands east of Hwy. 101 for which building site approval is not currently required.]

Residential Development Policies - One Time 2-Lot Subdivisions

R-LU 22
Two Lot subdivisions: For any two-lot subdivision of land, the average area per dwelling unit shall be determined by the variable slope-density formula, and neither a cluster permit nor dedication of permanent open space shall be required, provided that: a. the parcel in question was not itself created after 1980; and b. any subsequent subdivision of the two lots so created shall adhere fully to the density and development requirements of the General Plan and all applicable County ordinances.

R-LU 26
For recreational, commercial or other uses which permit or involve overnight accommodations for temporary guests, allowable densities and the design of development shall also adhere to the following principles:

c. development shall be located, and if possible, consistent with the Initiative, clustered within the minimum area necessary to accommodate it. . . .

Development Policies - RV Parks

R-LU 31
Recreational vehicle (RV) parks shall primarily serve the needs of the traveling public for short term accommodations. (a) At least sixty-five (65%) percent of all spaces within an RV park shall be designed for and designated as short-term occupancy spaces (i.e., fewer than 30 days); (b) Twenty-five (25) percent of the total number of spaces may accommodate stays of up to one-hundred eighty (180) days; (c) Ten (10) percent of the total number of park spaces may accommodate stays of up to three-hundred sixty (360) days. [Amended Dec. 5, 1995, File #: 6010-00-00-95GP; and August 5 1997, File #6010-00-00-96GP]

R-LU 38
If subdivision activity reaches the thresholds established by the policies of the General Plan, Ranchland policies shall be evaluated for possible revision.

Development Policies - General Principles for Ranchland Areas

R-LU 40
General principles governing development and land division in Ranchland areas shall be as follows:
1. No large ranches shall be allowed to fully divide into small parcels.
2. The function of allowed subdivisions shall be for the following, provided that very little population is added to Ranchlands areas: a. help ranchers trade land; b. raise capital in times of need; c. help settle estates; and d. provide for family divisions.
3. The right of ranchers to build residences and to divide "Williamson Act" property under the terms of existing Land Conservation contracts is affirmed.
4. There shall be a limit to the number of parcels created within the Ranchlands area.
5. The rural character of the area shall not be changed, and land use decisions shall prevent an influx of people into the Ranchlands area.

R-LU 42
3. No subdivision of land into parcels less than 160 acres shall be approved for a land holding where the division would result in the approval of more than four lots within the holding during any three year period.

R-LU 43
Cumulative land division activity shall be limited for areas designated Ranchlands, according the following provisions:
1. The `Ranchlands' shall be separated into two geographic areas, Area A to the north of Coe State Park, and Area B to include the remainder of the `Ranchlands'.
2. Within Area A: a. no more than 40 parcels that are less than 160 acres each may be created in any calendar year; b. no more than 75 parcels that are less than 160 acres each may be created in any three consecutive years; and c. no more than 20 parcels may be created which are greater than 160 acres each in any calendar year.
3. Within Area B: a. no more than 20 parcels maybe created that are less than 160 acres each in any calendar year; b. no more than 38 parcels may be created that are less than 160 acres each in any consecutive three years; and c. no more than 10 parcels greater than 160 acres each may be created in any calendar year.

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).

R-LU 62
Parcels may be considered for redesignation to Rural Residential, subject to the Initiative, only for the purpose of "infilling" existing Rural Residential areas . . . .

R-LU 84
Subject to the Initiative, Pproposals for new or expanded Roadside Service designations or uses shall be reviewed and mitigated for their individual and cumulative impacts. . . .

R-LU 95
Existing industrial uses outside of the city Urban Service Areas may be expanded only if:

R-LU 97
The New Almaden Historical Area, a nationally registered historic site, shall be preserved under the provisions of the special Historical Conservation Zoning District (H1) applied to the area, in accord with the Initiative.

Los Gatos Watershed Area

R-LU 109
There shall be no commercial logging within those areas that are primarily residential and where lots are generally less than 10 acres. Within these areas, limited tree harvesting not requiring heavy equipment to the extent permitted by the Initiative shall be allowed, taking not more than 10 percent of the existing board-feet in any five year period.

R-LU 111
1. All policy provisions of the Los Gatos Hillside Specific Plan shall be deemed compatible with the County's General Plan, except to the extent, if any, inconsistent with the Initiative.

2. For areas governed by the "20 40-160 acre variable slope density formula", development must fully conform to Hillsides policies concerning clustering of residential development and open space dedication.

City of Morgan Hill Urban Growth Boundary (UGB) Area

R-LU 173
Acknowledge and formally recognize the location of UGB as adopted by the City of Morgan Hill for use with the applicable Special Area land use policies of the County of Santa Clara pertaining to land use within the UGB and Sphere-of-Influence, to the degree that these policies are consistent with the Initiative.

R-LU 176
Allow only those interim uses which are consistent with intended future development and the Initiative.

R-LU 181
Current minimum parcel sizes, development standards, and guidelines applicable to rural unincorporated lands, including those provided in the Initiative, should remain in effect.

R-LU 183
Promote the use of expanded home occupations for rural landowners and agriculturalists, within the parameters of this General Plan County's zoning ordinance.

R-LU (i) 7
Consistent with the Initiative and the amendment of initiatives, Eexplore the potential feasibility and effectiveness of establishing a program for `Hillsides' viewshed parcel consolidation and clustering incentives.

R-LU(i) 25
Revise existing or adopt new development standards in hillside areas visible from the valley floor within the West Valley cities, consistent with this Plan.

R-LU(i) 28
Define and limit the allowable intensity of uses which involve overnight accommodations including golf courses, lodges, retreats and hostels, in accordance with this Plan.

R-LU(i) 29
Define and limit the allowable intensity of local-serving industrial/commercial uses, institutional and other non-residential uses, in accordance with this Plan.

U-LM 6
County land use and development regulations within a city Urban Service Area shall be generally compatible, subject to the Initiative, with the applicable city's general plan designations and accompanying policies.

South County Joint Area Plan Policies

SC 0.2
The South County Joint Area Plan is the integrated policy framework, subject to the Initiative, within which the three jurisdictions shall undertake compatible implementing actions, such as more specific General Plan amendments, ordinance revisions, administrative procedures, project review, and contractual agreements between the jurisdictions.

SC 0.4
In accordance with the Initiative, Aall of the policies are intended to express a common approach by the three jurisdictions to the South County area.

SC 1.0
The three jurisdictions existing general plans should be continued, subject to the Initiative, as the basis for joint policy in the South County, since County, since they are in general agreement on most topics and will accommodate the projected growth to 2005.

SC 2.1
Economic development, in accordance with the Initiative, should promote community self-sufficiency in jobs, housing and services. . . .

SC 14.6
The expansion of the "uses compatible with agriculture" category in County zoning ordinances and Williamson Act policies should be approved only when such additional uses will clearly contribute to the long-term viability of agriculture and are consistent with the Initiative.

SC 14.11
In order to separate agriculture from urban activities . . . buffers should be established between viable agricultural areas and urban expansion areas. Activities in these buffer zones should be limited to uses which are compatible with both agriculture and urban activities, and are in accordance with the Initiative.

SC 14.12
The range of activities permitted in agricultural areas of South County should be determined through an intergovernmental process, compatible with the Initiative.

SC 15.0
In areas of less but substantial risk, development should be limited and designed to reduce risks to an acceptable level.

SC 15.2
Development in hazardous areas should be: e. clustered, with dwellings grouped on the least hazardous portion of the least hazardous portion of the property, consistent with the Initiative.

SC 15.3
Development in less hazardous areas should be limited and designed to reduce risks to an acceptable level.

SC 15.4
Development in fire hazard areas should be minimized. Wwhen development is permitted it should be planned and constructed so as to reduce exposure to fire hazards and facilitate fire suppression efforts in the event of a wildfire.

SC 15.10
Subject to the Initiative process, Ppolicy changes should be made only after review by all three jurisdictions.

SC 16.16
The land uses appropriate within a greenbelt should be determined by joint planning activities of South County Cities and the County, subject to the Initiative. . . .

SC 17.1
The County should continue its adopted land use policies, including as amended by the Initiative, for the unincorporated area in the South County. . . .

SC 19.3
The jurisdictions should develop a plan and specific measures, in accord with the Initiative, for preserving a major greenbelt area between San Jose and Morgan Hill.

Open Space "Action Program"

[W-3]

Strategy #2

Existing policies and related implementation measures under this strategy are . . . .

• very low density residential and non-residential development standards, typically 40 20 acres per dwelling/min. parcel size, at a minimum and ranging up to 160 acres per DU, as average slope increases;
• prohibition of major subdivisions (> 4 parcels) within areas designated "Ranchlands".

Appendix Page Q-4 Deleted from General Plan

[Page Q-4 is not reproduced in this copy.]