County of Santa Clara

County of Santa Clara Department of Planning and Development Planning Office county Government Center, East Wing, 7th Floor 70 West Hedding Street san Jose, California 951Jo-J705 (408) 299-5770 FAX (408) 288-9 I 98 www.sccplanning.org August 22, 2016 Mayor Sam Liccardo and Council Members City of San Jose 200 East Santa Clara Street SanJose, CA 95112 Re: Council Agenda Item 4.3: Resolution of Consent County Urban Agricultural Incentive Zone Program Honorable Mayor and Council Members: The Santa Clara County Department of Planning and Development strongly supports the City of San Jose's efforts to establish an urban agriculture incentive zones program. The Department believes urban agriculture would be beneficial for San Jose and its residents, including those areas under County jurisdiction and within the San Jose urban service area. As the Department has previously expressed, the resolution adopted by the City on November 17, 2015 consenting to the establishment of urban agriculture incenive zones within the urban service area of the City has practical complications that effectively preclude the County from implementing its program in these areas. Although the County commends the City for resolving the issues regarding inventoried vacant housing sites, there remain certain other problematic conditions which are still included in the resolution that the Council will consider on August 23. Attached is the previously submitted summary of concerns. Consequently, the Department urges the Council to continue the hearing and to direct to staff prepare a revised resolution that, at a minimum, eliminates the most problematic of the resolution's qualifiers: lc, Annexation: Urban agricultural activity does not meet the project type threshold for city annexation provided under 5.20.070 of the County Zoning Ordinance. The suggested application to properties "within 300 feet of the City boundary," is also inconsistent with the more conditional and nuanced proximity requirements of 5.20.070. The County's regulations follow the Cortese-Knox Local Government Reorganization Act of 2000 (Division 3, Title 5, Section 56000 et. seq. of the California Government Code). Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, s. Joseph Simitian County Executive: Jeffrey v. Smith

Additionally, qualifiers le (small animals), and lb (general plan conformance), remain problematic and therefore should also be eliminated. As detailed in the attached summary, each may hinder participation in the program, may pose implementation and enforcement challenges, and may necessitate follow-up Board action to amend the County's adopted UAIZ resolution, map, and/ or zoning regulations. In June 2015, the County Board of Supervisors adopted a resolution of consent to allow the establishment of urban agricultural incentive zones programs within each eligible city. The wording is simple, and unconditional. It is excerpted below. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Santa Clara, State of California, that in accordance with AB 511, the Board approves the establishment by ordinance of Urban Agriculture lncentive Zones, consistent with the requirements of AB 511, in the cities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sutmyvale. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa The Department believes that an equally simple, unconditional consent by the City is most appropriate, as it would be more conducive to successful implementation. Please understand that the County has zoning regulations in place to responsibly accommodate urban agriculture on urban unincorporated lots countywide as a principally permitted (by right) activity-without requiring consent from cities. The issue at hand is simply whether a tax incentive program to encourage such activity on small numbers of vacant unincorporated lots can move forward. Without a workable resolution of consent, the County's program cannot move forward. Thanks very much for this opportunity to provide input. Sincerely, Kirk Girard Director, Department of Planning and Development cc: Supervisor Ken Yeager Supervisor Mike Wasserman Rob Eastwood, Planning Manager James Reilly, Associate Planner Office of the City Clerk 2

SJ RESOLUTION CRITERIA COUNTY COMMENTS/ CONCERNS 1 2 3 4 Urban Agriculture Incentive Zones shall not be established in areas that are outside the City of San José s Urban Service Area ( USA ) and/or Urban Growth Boundary ( UGB ). Urban Agriculture Incentive Zones shall be established only in areas and for parcels where the land use designation under the City of San José General Plan supports agriculture or urban agriculture use, including but not limited to Open Hillside, Lower Hillside, Rural Residential, Residential Neighborhood, and Neighborhood/ Community Commercial. Parcels that are identified as available adequate sites for housing in the Housing Element Inventory of the City of San José General Plan Housing Element certified by the California Department of Housing and Community Development shall not be included within an Urban Agriculture Incentive Zone. In compliance with the Santa Clara County Code of Ordinances, including but not limited to Section 5.20.060 (City General Plan Conformance), Section 5.20.070 (Properties Subject to Annexation), and Section C1-52 (Properties Subject to Annexation). For parcels that are within 300 feet of any boundary of the City of San José, the County shall complete or require the completion of a Contiguity/Annexation Statement form and refer the proposal for the UAIZ incentive and contract for such parcels to the City of San José for the City s determination as to whether the proposed use will require annexation. Adopted (County) UAIZ map limits zones to within city urban service areas. There s no land outside urban service areas where a UAIZ can be established. County zoning districts where urban agriculture is provided for include R1, R1E, RHS, R1S, R3S, R2, R3, CN, CG, OA, ML, and MH. These are urban districts, largely confined to urban service areas. It s not clear where San Jose General Plan speaks to urban agriculture. Would be useful to see where, on the adopted County map, there may be a conflict. Seeking additional clarification from HCD on larger issue of possible conflict. Only one of the housing element inventory parcels shown on the memorandum maps is eligible for annexation (0 Central Way). All five others are ineligible for annexation, should not have been included in City inventory for housing element. Current annexation laws don t support what this is intending to do. Urban agriculture, planting crops on vacant/ blighted lot is allowed by right i.e. no use permit, subdivision, new house, rezoning threshold to trigger annexation. Arcane wrinkle in state and county annexation law: 300-foot rule applicable in Burbank (island), not applicable in Alum Rock (pocket).

SJ RESOLUTION CRITERIA COUNTY COMMENTS/ CONCERNS 5 The production, cultivation, growing and harvesting of marijuana shall be prohibited in the Urban Agriculture Incentive Zone. County regulations expressly prohibit cultivation of marijuana. Intent language of AB 551 would separately preclude marijuana cultivation. Sec. B26.5-3. Marijuana cultivation-prohibited. A. Outdoor cultivation of marijuana is prohibited in the unincorporated area of the county. B. Indoor cultivation of marijuana is prohibited in the unincorporated area of the county. C. This section shall not apply to cultivation of medicinal marijuana by a qualified patient or primary caregiver at any residence on a legal parcel where the qualified patient or primary caregiver resides, provided that the cultivation is performed in strict compliance with the regulations of this division and applicable state law. 6 The raising of livestock (except poultry for egg laying), fur-bearing animals and dairy-producing animals shall be prohibited in the Urban Agriculture Incentive Zone. Testimony at the hearings included an incorrect statement that the County would allow dairies and raising of goats on urban lots. Only limited small animal husbandry allowed. Small Animals Limited. Not to exceed a total of twelve (12) of any of the following small animals: rabbits, guinea pigs, chicken and fowl, and similar species as approved by the zoning administrator. Roosters, peafowl, guinea fowl, geese or quacking ducks are not allowed. Stakeholders had requested we consider broadening to allow goats and sheep. We declined to include that in our effort. Accepting this criterion would require that the County change UAIZ ordinance/ contract language, etc, and possibly zoning ordinance language regarding animals.

2001 Gateway Place, Suite 101E San Jose, California 95110 (408)501-7864 svlg.org CARL GUARDINO President & CEO Board Officers: GREG BECKER, Chair SVB Financial Group KEN KANNAPPAN, Vice Chair Plantronics JOHN ADAMS, Secretary/Treasurer Wells Fargo Bank TOM WERNER, Former Chair SunPower AART DE GEUS, Former Chair Synopsys STEVE BERGLUND, Former Chair Trimble Navigation Board Members: MARTIN ANSTICE Lam Research SHELLYE ARCHAMBEAU MetricStream, Inc. ANDY BALL Suffolk Construction GEORGE BLUMENTHAL University of California, Santa Cruz JOHN BOLAND KQED CHRIS BOYD Kaiser Permanente BRADLEY J. BULLINGTON Bridgelux HELEN BURT Pacific Gas & Electric DAVID CUSH Virgin America CLAUDE DARTIGUELONGUE BD Biosciences CHRISTOPHER DAWES Lucile Packard Children s Hospital MICHAEL ENGH, S.J. Santa Clara University TOM FALLON Infinera Corporation BRANT FISH Chevron Corporation HANK FORE Comcast TOM GEORGENS NetApp, Inc KEN GOLDMAN Yahoo! RAQUEL GONZALEZ Bank of America DOUG GRAHAM Lockheed Martin Space Systems LAURA GUIO IBM JAMES GUTIERREZ Insikt JEFFREY M. JOHNSON San Francisco Chronicle GARY LAUER ehealth ENRIQUE LORES HP MATT MAHAN Brigade TARKAN MANER Nexenta KEN MCNEELY AT&T STEVEN MILLIGAN Western Digital Corporation KEVIN MURAI Synnex JES PEDERSON Webcor KIM POLESE ClearStreet MO QAYOUMI San Jose State University VIVEK RANADIVÉ TIBCO STEVEN ROSSI Bay Area News Group ALAN SALZMAN VantagePoint Capital Partners RON SEGE Echelon Corporation ROSEMARY TURNER UPS RICK WALLACE KLA-Tencor JED YORK San Francisco 49ers Established in 1978 by DAVID PACKARD August 22, 2016 San Jose City Council 200 E. Santa Clara San Jose, CA 95113 RE: San Jose City Council Meeting 8/23/16 Agenda Item 4.3 Urban Agriculture Incentive Zones in Unincorporated Santa Clara County Dear Mayor Liccardo and Council Members, On behalf of the Silicon Valley Leadership Group, I am writing to offer the organization s comments regarding the adoption of Urban Agriculture Incentive Zones (UAIZ) within unincorporated Santa Clara County. Provided that the county s housing inventory is not negatively impacted, the Leadership Group supports the idea of an UAIZ as it allows for the development of underutilized land parcels to provide benefits to both landowners and community members alike. The Silicon Valley Leadership Group, founded in 1978 by David Packard of Hewlett-Packard, represents more than 400 of Silicon Valley s most respected employers in issues, programs and campaigns that affect the economic quality of life in Silicon Valley, including energy, transportation, education, housing, health care, tax policies, economic vitality and the environment. Leadership Group members provide nearly one out of every three private sector jobs in Silicon Valley. Urban agriculture provides health, environmental, and community development benefits to city residents. Due to the current housing crisis, it is important to be sensitive toward housing inventory when determining which land parcels would be eligible to be an UAIZ. The Leadership Group recommends that the City of San Jose maintain documentation and verify annually in a report to Council that approved UAIZ sites will not impact the City s commitment to meet the Regional Housing Need Allocation or the City s Housing Element. This will ensure that UAIZ can be established without any negative repercussions for overall housing stock. We praise the City of San Jose Planning Staff for their work and consideration. We look forward to working with the City of San Jose to adopt UAIZs within Santa Clara County. If you have any questions, please contact Don Tran, Associate for Community Development and Health Policy, at dtran@svlg.org or (408)501-7854. Sincerely, Carl Guardino President & CEO