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HomeMy WebLinkAbout2002-12-02 City Council (9)TO:HONORABLE CITY COUNCIL 9 FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: DECEMBER 2, 2002 CM-R:469:02 PLANNING AND TRANSPORTATION COMMISSION ~VIEW AND COUNT ON THE PROPOSED SANTA CLARA COUNTY DISTRICT TEXT REVISIONS FOR THE STANFORD OPEN SPACE/ FIELD ~SEARCH (OS/F) ZONING DISTRICT TO IMPLEMENT THE 2000 STANFORD COMMUNITY PLAN RECOMMENDATION Staff and the Planning and Transportation Commission (P&TC) recommend that the City Council forward to the County Planning Commission and Board of Supervisors a request to modify the proposed Open Space/Field Research (OS/F) Zoning District text to limit development allowed under the proposed zoning district and to require specific findings for those projects that require Architectural and Site Approval (ASA). Specifically, the following zoning text changes are recommended: Incorporate a height restriction in conformance with the Community Plan limiting structures in general to below the 200-foot elevation. Identify specific measures to regulate site access. Regulate the extension of utilities on site to Stanford uses. Limit height and design of fences to ensure migration of wildlife. Require an open space dedication for both non-clustered and clustered development and restrict the open space dedication to the OS/F district. Specifically identify applicable regulations for ASA review similar to the City’s Open Space Zoning District regulations and Comprehensive Plan Open Space Development Criteria. Allow caretaker’s residences only as non-conforming uses, prohibiting their expansion and allowing only for repair and maintenance, and not allowing for their relocation. CMR:469:02 Page 1 of 6 BACKGROUND At several meetings last spring, the P&TC discussed the proposed Stanford Open Space/Field Research Zoning District (OS/F) that was prepared by the County of Santa Clara to implement the Stanford Community Plan adopted by the County Board of Supervisors in December of 2000. On July 1 the City Council unanimously supported the position endorsed by the P&TC as stated in a letter sent to both the County Board of Supervisors and the P&TC. The Council’s letter recommended that the ordinance needed further structure and definition for projects that exceed the standards allowed by right and requiring Architectural and Site Approval (ASA). Specifically, the Council suggested to the County that the zoning district should include criteria for ASA findings that address the following: Regulate access to sites. Regulate the location, size, capacity and number of utilities to ensure minimal environmental impacts. Regulate trails and roads to either limit or prohibit paving or other impervious surfaces. Provide development standards addressing architecture, color, materials, siting and orientation sufficient to ensure environmental compatibility but allowing flexibility in design review. Identify the intensity and range of uses and type of development that could occur in the area. Ensure that fences do not impede the migration of wildlife by limiting height and requiring an open design. Prohibit development above the 200-foot elevation unless sufficient justification and reasonable findings can be made through a separate permit process involving an advertised public hearing. The Council recommended that the County use the City’s Open Space Zoning District as a model for developing standards of review. The Council also recommended that the ordinance text incorporate the General Use Permit restrictions, standards and conditions since the use permit will expire within a ten-year timeframe or can change on application by the County. When either of these occurs, the zoning should continue to dictate parameters for future entitlement and should not be dependent on the new use permit restrictions. The Council supported an open space requirement for non-clustered development; for both clustered and non-clustered projects, the open space component is not allowed to be transferred to the yet-to-be-established Special Conservation Area, which will prohibit development. CMR:469:02 Page 2 of 6 The County Planning Commission was originally scheduled to make a recommendation on the zoning text in June; however, as a result of the numerous comments received related to the proposed zoning text, the County Planning Commission continued the item to November 7. This was to enable County staff to review and respond to the received comments and to also modify the format of the text for consistency with the County’s recent format revision of the County Zoning Ordinance. At the November 7 County Planning Commission meeting, the Commission continued the item to December 5 at the request of interested parties, including the City of Palo Alto, to allow them an opportunity to review and comment on the staff revisions to the text. In addition, Stanford University, in a letter dated November 5, 2002 (Attachment C), requested that the OS/F zone district be amended to allow a limited number of caretaker’s residences to oversee livestock within the zoning district, since agriculture uses are allowed by right under the OS/F. These dwellings would be subject to ASA and provide a demonstrated need. DISCUSSION On November 20, the P&TC discussed the County staff revisions to the proposed OS/F text and the change proposed by Stanford University. The P&TC compared the recommendations made by the City on the OS/F zoning district and the changes proposed by the County staff. The P&TC felt that County staff did not address the City’s concerns and that the responses did not reflect a serious attempt to consider the City issues. The P&TC stated that the items that the City raised should have complete and thorough responses, even if ultimately the County staff did not support the City’s position. The P&TC strongly supported the positions described in the Council’s September letter to the County and recommended reiterating these statements to the County Board of Supervisors and Planning Commission. The following discussion identifies the issues raised in the letter from City Council, how the modified zoning text responds to each issue and specific P&TC comments. o Regulate the access to sites There were no changes to the text related to site access. The County considers that access to sites will be dealt with during building site approval review if applicable. County staff has concluded that many of the uses allowed under the proposed district would have limited Stanford or public access. If access from any County road occurs, the County Roads and Airports road standards would apply. The P&TC reiterated that site access criteria should be established for ASA findings. o Regulate the location and size of utilities so that environmental impacts are minimized The County did not incorporate language that addressed extension of utilities within the area other than that utility structures would be subject to ASA findings. The P&TC reiterated that the.location, size, capacity and number of utilities should be regulated and that utilities on site should be limited to serving only Stanford uses. The P&TC also CMR:469:02 Page 3 of 6 recommended that commercial antennas should not be considered a permitted use, because the OS/F Zoning District was designated in the Community Plan to provide facilities for field study activities only. o Regulate trails to limit paving or other impervious surfaces and limit paving that would increase impervious surface No standards are proposed for pedestrian use of the Stanford internal roads; however, County staff has stated that at the time of individual project review, road standards from the County Roads and Airports division would be applied where appropriate. County Parks Department regulations for trail design would be applied if a trail on Stanford land implemented part of the Countywide Trails Master Plan. County staff has also stated that at the time of individual project review, a cumulative and project-specific evaluation of paving associated with building site approval would be completed. The P&TC reiterated the City’s’ previous position that impervious surfaces should be either limited or prohibited. o Provide development standards to limit discretion but allow some flexibility. The County revised the ordinance to include the application of ASA findings. Generally, the findings focus on the protection of visual and environmental resources. The County als0 added a provision that a development application should demonstrate that the proposal could not feasibly serve the same purpose with equal efficiency if it was located within the Academic Growth Boundary. The City requested the inclusion of specific development standards addressing architecture, color, materials, siting and orientation to ensure environmental compatibility; the P&TC reiterated that more specific development standards should be identified. The P&TC considered the ASA process contingent upon the development of tight standards for review. If detailed findings are not incorporated in the ordinance, the P&TC considered the ASA not the appropriate decision-making process and the County Planning Commission should review the projects. ~Specifically identify the intensity of development, the range of uses, and type of development that could occur in the district There were no additional changes made to the text related to restricting the intensity of uses. Under its existing General Use Permit (GUP), Stanford is allowed to develop up to a total of 15,000 square feet in the OS/F district. To establish additional square footage within this district, Stanford would be required to modify or obtain a new General Use Permit (GUP). The P&TC continues to recommend that the OS/F text incorporate the GUP restrictions, standards and conditions since the zoning should continue to dictate parameters for future entitlement and should not be dependent on new use permit restrictions. In addition, the P&TC recommended that the new zoning text cross reference the Community Plan where applicable. The allowable uses established in the Community Plan were identified in the revision of the OS/F Zoning Ordinance; however, the P&TC thought the use classifications and activities should be better defined. The P&TC also discussed Stanford’s request for CMR:469:02 Page 4 of 6 caretaker’s residences, and recommended allowing the existing use as non-conforming and allowing repair and maintenance if required, but not permitting any relocation or expansion of the use. o Prohibit transfer of open space to other districts County staff did not incorporate this option, and the P&TC reiterated its support for incorporating it. Provide a mechanism that calls for dedication of open space in exchange for any development The County staff did not incorporate this option. Currently the ordinance requires the dedication of open space only when development is clustered; the P&TC strongly supported dedication of open space for non-clustered as well as clustered development. ~ Model the OS/F Zoning District after the City’s Open Space Zoning District The County staff did not incorporate this option. The County indicated that the OS/F district is more restrictive regarding allowable uses than the Palo Alto Open Space District or other rural districts and that the setback and density standards that might be appropriate for other districts or other jurisdictions are not appropriate for the limited nature of uses allowed within the OS~ district. The City’s letter suggested using the ’~special regulations" that address geological and soils investigation, landscaping, fencing, tree removal, access, gading and soil erosion in the OS/F District text as a model and not the district development standards. The P&TC suggests the County use either the district text as a model or the City’s Open Space Development Criteria found in the Comprehensive Plan. ~Ensure fences do not impede migation of wildlife The proposed zoning text incorporates language that requires that fences be designed to minimize visual impacts to the natural setting, consistent with the existing County regulations for fences in rural districts. The P&TC reiterated the previous City position since the proposed language does not address specifically mi~ation of wildlife. ¢ Restrict development in the foothills to below 200 feet Although the Community Plan recommends that future ~owth and development should be encouraged to be placed below 200 feet, County staff did not incorporate language in the zoning ordinance text to reflect this direction. The P&TC strongly supported the City’s position regarding limiting development in general to below the 200-foot elevation, particularly since it is called out in the Community Plan. Development should be restricted unless sufficient justification and reasonable findings can be made through a separate permit process involving an advertised public hearing. In conclusion, the P&TC considers the proposed zoning text to be an important concern for the City since the land is within the City’s sphere of influence. The P&TC would like CMR:469:02 Page 5 of 6 to review an ordinance that effectively implements the Community Plan and General Use Plan. The P&TC also expressed concerns about limited City representation at the County level for Stanford issues, since Commissioner Tan has a conflict with Stanford projects. The P&TC recommended that the Council discuss with Supervisor Kniss at its regularly scheduled meeting how best to ensure that the City’s interests are represented to the County. The P&TC also suggested sending a representative from the P&TC and/or City Council to the County hearings on the OS/F zoning. ATTACHMENTS Attachment A: Staff Report to Planning Commission Attachment B: Draft Letter from City Council to County Board of Supervisors Attachment C: Letter to County Planning Commission from Stanford University, November 5, 2002 dCJ~lie Caporg~i A~ance l~annin~, Manager DEPARTMENT HEAD REVIEW: LISA GROTE Chief Planning Official CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager Tim Heffington, Planner, County of Santa Clara Environmental Resources Agency, Planning Office, County Government Center, East Wing, 7th Floor, 70 West Hedding Street, San Jose, CA 95110-17050 Charles Carter, Planning Office, Stanford University, 655 Serra Street, Stanford, CA 94305-6115 CMR:469:02 Page 6 of 6 Attachment A PLANNING DIVISION STAFF REPORT TO:PLANNING & TRANSPORTATION COMMISSION FROM:Julie Caporgno DEPARTMENT:Planning Advance Planning Manager DATE:November 20, 2002 SUBJECT:Stanford Universi~ Communi~ Plan Open Space/Field Research Zoning District RECOMMENDATIONS: Staff recommends that the Planning Commission reviews the proposed text changes and directs staff to forward to the Council a recommendation suggesting the following changes to the proposed text: o Incorporate a height limiting structures to below the 200-foot elevation restriction in conformance with the Community Plan o Identify specific measures to regulate site access o Regulate the extension of utilities on site o Limit height and design of fences to ensure migration of wildlife o Require an open space for both non-clustered and clustered development and restrict the open space dedication to the OS/F district. o Specifically identify applicable regulations for ASA review similar to the City’s Open Space Zoning District regulations. BACKGROUND: At several meetings last spring the Planning and Transportation Commission discussed the proposed Stanford Open Space/Field Research Zoning District that was prepared by the County of Santa Clara to implement the Stanford Community Plan adopted by the County Board of Supervisors in December of 2000. On May 8th the Commission sent a letter to the Santa Clara County Planning Commission forwarding comments on the proposed text. In the letter, the Commission also requested review of any revisions to the proposed text prepared to address the issues raised by the Commission. On July 1st the City Council unanimously supported the position endorsed by the Planning Commission City of Palo Alto Page 1 as stated in a separate letter sent to both the County Planning Commission and the Board of Supervisors. Both letters are attached to this staff report (see Attachment A). The County Planning Commission was originally scheduled to make a recommendation on the zoning text in June; however, as a result of the numerous comments received related to the proposed zoning text; the County Planning Commission continued the item to November 7th. This was to enable County staff to review and respond to the received comments and to also modify the format of the text for consistency with the County’s recent format revision of the County Zoning Ordinance. At the November 7~ County Planning Commission meeting, the Commission continued the item to December 5th at the request of interested parties including the City of Palo Alto to allow them an opportunity to review and comment on the staff revisions to the text. DISCUSSION: The following discussion identifies the issues raised in the letters from the Planning Commission and City Council and how the modified zoning text responds to the issue. The County staff proposed Stanford Open Space/Field Research zoning ordinance text (3 Options) and a County White paper addressing issues raised by the public during the initial review of the text are attached as Attachment D. o Regulate the access to sites There were no changes to the text related to site access. The County considers that access to sites is proposed to be dealt with during a building site approval review if applicable. County staff has concluded that many of the uses allowed under the proposed district would have limited Stanford or public access. If access from any County road occurs, the County Roads and Airports road standards would apply. Regulate the location and size of utilities so that environmental impacts are minimized The County did not incorporate language that addressed extension of utilities within the area other than utility structures would be subject to Architectural and Site approval (ASA) findings. Regulate trails to limit paving or other impervious surfaces and limit paving that would increase impervious surface No standards are proposed for pedestrian use of the Stanford internal roads; however, County staff has stated that at the time of individual project review, road standards from the County Roads and Airports division would be applied where appropriate, within the City of Palo Alto Page 2 district. County Parks Department regulations for trail design would be applied if a trail on Stanford land were for implementation of the Countywide Trails Master Plan. County staff has also stated that at the time of individual project review a cumulative and project-specific evaluation of paving associated with building site approval would be completed. o Provide development standards to limit discretion but allow some flexibility. Development standards are proposed to be addressed through the application of ASA findings that have been added to the revised ordinance. These findings are specifically identified in Section 2.50.040 of the proposed open space/field research zoning district text that is attached to this report. Generally, the findings focus on the protection of visual and environmental resources. The County has also added a provision that a development application should also demonstrate that the proposal could feasibly serve the same purpose with equal efficiency if it was located within the Academic Growth Boundary. Specifically identify the intensity of development, the range of uses, and type of development that could occur in the district There were no additional changes made to the text related to restricting the intensity and range of uses. County staff considers the GUP as the tool through which the County has already regulated development intensity within the proposed district. Once a total of 15,000 square feet of development is utilized, Stanford would not be allowed any additional development within the OS/F district. To establish additional square footage within this district, Stanford would be required to modify or obtain a new GUP and a public process would be required for this to occur. The allowable uses established in the Community Plan have been further clarified in the current revision of the OS/F Zoning Ordinance. Use classifications and activities are defined within the proposed OS/F zoning amendment and/or the draft revised County Zoning Ordinance. o Prohibit transfer of open space to other districts County staff did not incorporate this option. o Provide a mechanism that calls for dedication of open space in exchange for development County staff did not incorporate this option. City of Palo Alto Page 3 Model the OS/F Zoning District after the City’s Open Space Zoning District The County contends that the OSiF district is more restrictive regarding allowable uses than the Palo Alto Open Space District or other rural districts and that the setback and density standards that might be appropriate for other districts or other jurisdictions are not appropriate for the limited nature of uses allowed within the OS/F district. The recommendations from the City were to consider applicable "special regulations" that address geological and soils investigation, landscaping, fencing, tree removal, access, grading and soil erosion in addition to setback standards. o Ensure fences do not impede migration of wildlife The zoning text incorporates language that requires that fences be designed to minimize visual impacts to the natural setting and consistent with the existing County regulations for fences in rural districts. The proposed language does not address specifically migration of wildlife. o Restrict development in the foothills to below 200 feet Although the Community Plan recommends that future growth and development should be encouraged to be placed below 200 feet, County staff did not incorporate language in the zoning ordinance text to reflect this direction. Instead County staff has identified three options of zoning that identifies variations of a clustering model. o Incorporate cluster model requirements County staff has identified three options of zoning text for incorporation of a clustering concept based on the Hillside zoning district model but adapted to a different range of uses. CONCLUSION: Staff considers that the revisions to the Open Space/Field Research Zoning district text are substantive improvements over the previous language and address several of the issues raised by the City; however, many of the concerns raised by the Planning Commission and City Council were not addressed in these revisions. Staff recommends that the Planning Commission reviews the proposed text changes and directs staff to forward to the Council a recommendation suggesting the following changes to the proposed text: o Incorporate a height limiting structures to below the 200-foot elevation restriction in conformance with the Community Plan o Identify specific measures to regulate site access City of Palo Alto Page 4 Regulate the extension of utilities on site Limit height and design of fences to ensure migration of wildlife Require an open space for both non-clustered and clustered development and restrict the open space dedication to the OS/F district. Specifically identify applicable regulations for ASA review similar to the City’s Open Space Zoning District regulations. ATTACHMENTS: Attachment A: Letters to Santa Clara County Planning Commission from Mayor Ojakian and Chairman Burt of the Planning and Transportation Commission Attachment B:Materials submitted by County Planning Office Attachment C:Excerpt of the Planning and Transportation Commission Minutes of May 22, 2002. Attachment D: County White Paper. COURTESY COPIES: Tim Heffington, County of Santa Clara David Neuman, Associate Vice-Provost of Planning/University Architect,Stanford University Herb Borock Denise Dade, Committee for Green Foothills Nonette Hanko, Midpeninsula Edie Keating Bill Phillips, Stanford Management Company Jean Snyder, Stanford Management Company Ann Draper, Planning Director, County of Santa Clara Planning Office, County Government Center, East Wing 7th Floor, 70 West Hedding Street Mike Carlson, Office of the Board of Supervisors, 70 West Hedding Street, 10th Floor San Jose, CA 95110 Prepared by:Julie Caporgno, Advance Plannin2 Manager Department!Division Head Approval~,,~,(j~Gr~ ,~ief Planning Official City of Palo Alto Page 5 _C_._i_ty of Palo Alto Department of Planning and Community Environment Attachment R September 18, 2002 Planng~g Division Board of Supervisors~lanning Commission County of Santa Clara County Government Center, East Wing, 7th Floor 70 West Hedding Street San Jose, CA 95110 S~JECT:City Council Review of proposed Stanford Open Space/Field Research Zoning District Text This letter is to forward to the Board of Supervisors/County Piarming Commission the City ofPalo Alto’s comments on the proposed Stanford University Community Plan Open SpaceYField Research (OSFR) Zoning District text that will be reviewed by the County Planning Commission at its October 3ra meeting. The proposed text was placed on the Council’s consent calendar of July !st. The Council unanimously supported the position endorsed by the Planning Commission after its careful review and deliberation. The Palo Ako Planning Commission discussed the proposed zoning district text at four separate meetings. At one of those meetings staff from the County Planning office provided an overview of the Stanford Community Plan and General Use Permit and the interrelationship of the proposed zoning district. As a result of the discussion, the Planning Commission forwarded a letter to the County Planning Commission on May 30, 2002. That letter is attached and forms the basis for the City Council comments to the County. In general, the allowed uses and development standards for the OS/R Zoning District are considered consistent with the implementation direction of the Stanford Community Plan; however, the city has some concerns related to the proposed zoning that are highlighted below. The ordinance needs more clarity; structure and definition for projects that exceed the standards allowed by right and require Architectural and Site Approval (ASA). 250 Hamilton Avenue RO. Box 10250 Palo Alto, CA 94303 650.329.2 ~.~!4! 650.329.2154 fax Page 2 of 3 Letter to Board of Supervisors/Planning Commission September 18, 2002 The City recommends that specific findings are required for those projects similar to the process established in the County Hillside Zoning District for uses permitted subject to securing a special permit. Specifically the zoning district should include criteria for findings that address the following: Regulate access to sites Regulate the location, size, capacity and number of utilities to ensure minima! environmental impacts Regulate trails and roads to either limit or prohibit paving or other impervious surfaces Provide development standards addressing architecture, color, materials, sitting and orientation sufficient to ensure environmental compatibility but allow flexibility in design review Identify the intensity and range of uses and type of development that could occur in the area Ensure that fences do not impede the migration of wildlife by limiting height and requiring an open design Prohibit development above the 200 foot elevation unless sufficient justification and reasonable findings can be made thxough a separate permit process involving an advertised punic hearing The City recommends that the County use as a model the City’s Open Space Zoning District for developing standards of review. The City developed these standards for 1and that is substantially similar to the Stanford OS/R area, which allow maximum development of two stories with 25-foot elevations. Attached to this letter are the pertinent sections related to the Open Spa.ce District from the City’s Zoning Ordinance Chapter 18.71 (18.71.140 Special Regnalations). These regulations address geological and soils investigation, landscaping, fencing, tree removal, access, grading, and soil erosion. The City also recommends that the ordinance text incorporate the General Use Permit restrictions, standards and conditions since the use permit wiI1 expire within a ten-year timeframe or can change on application by the County. When either of these occurs, the zoning should continue to dictate parameters for future entitlement and should not only be dependent on the new use permit restrictions. The City also recommends an open space requirement for non-clustered development and that for both clustered and non-clustered projects the open space component is not allowed to be transferred to the yet-to-be-established Special Conservation areas, which already prohibit development. Page 3 of 3 Letter to Board of Supervisors/Planning Commission September 18, 2002 The City of Palo Alto appreciates your consideration of its recommendations. The City also requests that any revisions to the proposed text be forwarded to both our Planning Commission and City Council Sincerely, Vic Oj aldan Mayor Palo Alto City Council City of Palo Alto Department of Planning and Community Environment Attachment May30,2002 Planning Division Planning Commission County of Santa Clara County Government Center, East Wing, 7th Floor 70 West Hedding Street 8an Jose, CA 95110 SUBJECT:Planning Commission Review of proposed Stanford Open Space/Field Research Zoning District Text Dear Cha~: This letter is to forward to the County Planning Commission the City of Palo Alto Planning Commission comments on the proposed Stanford University Community Plan Open Space/Field Research (OS/R) Zonin.~ District text that will be reviewed by the County Planning Commission at its June 6~’ meeting. These comments are a!so being forwarded to our City CounciI for its consideration. It is anticipated that the Council will review our comments, develop an official City position and forward its recommendation to the Board of Supervisors prior to the Board’s action on this item in September. The Palo Alto Planning Commission has discussed the proposed zoning district text at four meetings. On March 20t~, the item was f~rst discussed and continued by the Commission because the Commissioners had severa! questions regarding the proposed zoning district that City staff was unable to answer. Subsequently staff sent a letter on April 22nd to the County requesting County staff attend a meeting with the Commission to explain the purpose and structure of the rezoning in the context of the adopted Stanford Community Plan and Genera! Use Permit and to address the main issues of concern raised by the Commission. In response to the City request, on May 1st both Tim Heffm~on and Gary Rudholra from the County Planning office attended our meeting. TJaey provided a very thorough overview of the Stanford Community Plan and Genera! Use Permit and the interrelationship of the proposed zoning district. The Commission is very appreciative of the excelIent presentation and fNou~tf-ul responses to the Commission’s comments provided by your staff. 250 Hamilton Avenue RO. Box 10250 Palo .a!to, CA 94303 650.329.244! 650.329.2!54 fax Page 2 Letter .to County Planning Commission May 30, 2002 On May 22nd and May 29~, the Commissioners further discussed the proposed zoning district text and worked with staff in preparing this letter. In general, the Commission considers the allowed uses and development standards for the OS/R Zoning District to be consistent with the implementation direction of the Stanford Community Plan. The Commission did, however, have some concerns related to the proposed zoning that I have highlighted below. The Commission considered the ordinance to need more clarity, structure and definition for projects that exceed the s~a.ndards al!owed by right and require Architectural and Site Approval (ASA) and recommended that specific findings be required for those projects similar to the process established in the County Hillside Zoning DisNct for.uses permitted subject to securing a special permit. Specifically the Commission suggested that the zoning district should include criteria for findings .that address the .following: Regulate access to skes Reguiate the location, size, capacity and number of utilities to ensure minimal environ_mental k_m_pacts Re~malate trails and roads to either limit .or prohibit paving or other impervious surfaces Provide development standards addressing architecture, color, materials, siting and orientation sufficient to ensure environmental compatibility but allow flexibility in design review Identify the intensity and range of uses and type of development that could occur in the area Ensure that fences do not impede the migration of wildlife by timiting height and requiring an open design Prohibit development above the 200 foot elevation unless sufficient justification and reasonable findings can be made through a separate permit process involving an advertised punic hearing The Commission recommends that the County use as a model the City’s Open Space Zoning District for developing standards of review. The City deve!oped these standards for land thai is substantially similar to .the Stanford OS/R area, which allow maximum development of 2 stories with 25 foot elevations. Page 3 Letter to County Plmnting Commission May 3 O, 2002 Attached are the pertinent sections related to the Open Space District from the City’s Zoning Ordinance Chapter 18.71 (18.7 !. 140 Special Regulations). These regulations address geological and soils investigation, landscaping, fencing, tree removal, access, grading, and soil erosion. This process would include an advertised public hearing for any proposed project. The Commission also recommends that the ordinance text incorporate the General Use Permit restrictions, standards and conditions since the use permit will expire within a ten- year timeframe or can ct~ange on application by the County. When either of these occurs, the zoning should continue to dictate parameters for fature entitlement and is not dependent on the new use permit restrictions. The Commission also recommends an open space requirement for non-clustered development and that for both clustered and non-clustered projects the open space component is not allowed to be transferred to the yet-to-be-established Special Conservation areas, which already prohibit development. Again, the Commission appreciates your consideration of the Palo Alto Planning Commission recommendations and is gateful for your Planning staff’ s willingness to attend our meeting and provide helpful insight regarding the derivation of the proposed Open Space/Field Research text. The Commission looks forward to reviewing any revisions to the proposed text that address the issues raised in this letter. Sincerely, Patrick Burr Chairman Palo Alto Planning & Transportation Commission ¯ n or 18.71.070-~ ceiving Chapter. (Ord. Ord. 3861 Ord. 3536 § with site development regulations for and occupancy by the same use; that any such .remodeling, improve- or replacement shall not add a ldtehen in increased floor area, number of units, height, Iength or any other in- the size of the improvement without with the standards set forth in See- ~1.060(h) and applying for and conditional use permit pursuant to .90. §2, 1994: Ord. 4016 § 37, 1991: 3, 1989: Ord. 3683 § 8, 1986: 1984: Ord. 3048 (part), 1978) 18.71.070 Minimum area shall be forty thousand four hundred square meters (ten aCTeS) o (Ord. 3048 (part), 18.71.080 The maximum " ing coverage shall that where a portion clustered lots of contains an area open space restriction, age which would undevelopable area shall those lots within.the subdi~ velopment will be permitted manner based on lot size. (Ord. 3345 § 18, 1982: 1978) building coverage. area-and build* 3.5 percent; provided a subdivision with an ten’ acres in size by an impervious cover- be allotted to this transferred to on which de- a proportional 3o48 (part), "18.71.09.0 Front yard. Front yards shall be a minimum ters (thirty feet).. (Ord. 3048 (part), i978) 18.7i.100 Side yards. Side yards .shall be a minimum of ters (thirty feet). (Ord. 3048 (part), 1978). 18.71.110 Rear yards. " Rear yards shall be a minimum of 9.1 ters (thirty feet). ~. 3048 (part), 1978) 115 Special setbacks. e~e_ applicable, setback lines imposed by a specPal, setback map pursuant to Chapter 20.08 of Us code shall be followed for the purpose of 5etermining legal setback require- ments, NN(Ord. 4016 § 47,~91). \18.71.120 Autombl~ile. Four car spaces shaltNbe required for each dwelling unit, one of wlu~, shall be covered parking. Such spaces shall’l~.xot be located in any required front or side yard.~ . (Oral. 3048 (part),. 1978) 18.71.130 ’Buildin~height "hmiL Buildings shall not exceed two st0n~, or 7.6 meters (twenty-five feet). (Ord. 3048 (part), 1978) 18.71.140 Special regulatiom, (a) Geological Soils Investigation.and Re- port. All applications for site and design ap-. proval shall be accompanied by a combined in-depth geologic and soils investigation and report prepared, by a registered geologist certi- fied by the state of California as an engineer- ing geologist, and by a licensed civil engineer qualified in soil mechanics. Such report shall be based on surface, subsurface, and labora- tory investigations and examinations and shall fully and clearly present: (1) All pertinent data, interpretations, and evaluations; (2) The Significance of the data, interpre- tations, and evaluations with respect to the actual development or implementation of the intended land uses, and with respect to the ef- fect upon future geological processes both on and off the site; (3) Recommendations for any additional investigations that should be made. All costs and expenses incurred as a result of the re- quirements of this section, including the costs and expense of an independent review of the material submitted under this chapter by quail- 18-134 fled persons remineA, by the city, sh~ be borne by the applicant. This requirement may.be waived by the city on. ginccr for structures in Group M o~cupancy, as defined in the Uniform Building Code, ac- ccsso~ facilities and landscaping where such improvements, in his opinion, would pose no potential hazm:d to hfe or property on the subject or surrounding properties. (b) Landscaping. The existing natural vegetation and land formations shall remainin a natural state unless modification is found to be necessmy for a specific use allowed in this chapter through the site and design approval procedure. ReduCtion or ehmination .of. fire hazards will be rcqui.red where heavy concen- trations of flammable vegetaffon occur. Land- scaping, as may be necessary and required shall be consistent with .the purpose of this ch.apter. (c) Fencing Restriction. No-barbed wire, or similar fencing having. a cutting edge, may be installed except: (1) To protec~ a vegetative community or wildhfe, habitat until it is fully established, subject to the. imposition of reasonable time limits through site m~d design review pursuant [o Ciiaptcr 18.82; and - (2) To enclose utility facilities, including, but not limited to, water .or sewage pumps,- storage tanks, and wells. (d) Tree Removal. Removal Of live trees shall be permimed as provided in Title 8. (e) Access to Remote Areas. Roads, tracks, driveways, trails, or runways for auto- mobiles, trucks, buses, or motorcycles or other wheeled vehicles shall not be developed ex- Cept upon the securing of site and design ap- proval. No such approval shall be granted except upo.n finding that the pro-pose for which the roads, tracks, driveways, trails, or runways ~e proposed is essential for the establishment or maintenance of a use which is expressly permiued in this chapter and that the design and location of the proposed roads, tracks, driveways, trails, or runwayswiiI be compati- ble with the te~ain. 18.71.140 The use of all roads, tracks, driveways, trails, or runways existing at the time of the adoption of this chapter which are noncon- forming or have been established, without ¯ proper approvals shall be terminated and shall be returned to natural terrain unless given proval in accordance with the regulations set. forth in this chapter. ¯ (f) Grading. No grading for which a grading permit is required.Shall be authorized except upon the securing of site and design approvN. No such approvalshall be granted excep~ upon a finding .that the purpos.e, for which the grading is proposed is essential for the establishment or. maintenance of a use which is expressly permitted in this chapter and that the design, .scope, and location of the grading proposed¯ will be compatible with ad- jacent areas and will result in th~ least distur- bance of-the terrain and natural land features. All grading for which no permits o.r approvals. are requixed.shaI1 be subject to the provisions. set forth in this chapter. (g) Soil Erosion and Land Management. No site and design pIan shall be. approved an- less it includes soit erosioi~ and sediment con- trol measures in accordance with any adopted procedures, technical standards, and specifi- cations of the planning commission..No ap- proval will be granted unless all needed erosion Control measures have been completed or substantially pmyided for in accordance with said standards and specifications. The applicant shall bear the final respo.nsibility fo~ the insta!lation and construction of all required erosion control measures according to the provisions of said standards and specifica- ¯ tions. (h) Subdivision. All divisions of land into four or more parcels shaI1 b.e designed on the cluster principle and shall be designed to minimize roads; to minimize cut, fill, and grading operations; to locate development in less rather than mdre conspicuous areas; and to achieve the purpose of this chapter. (i) Substandard Lots. Any parce! of land not meeting the area or dimension require- ments of this chapter is a lawful building site 18-135 18.72.010 if such parcel was a lawful budding site on July 5, 1972. All other requirements of this chapter shall apply to any such parcel. (Ord. 3583 §§ 14, 15, 1984; Ord. 3340 § 4, 1982; Ord. 3048 (part), 1978) Chapter 18.72 AGRICL~TURAL CONSERVATION DISTRICT REGULATIONS Specific purposes. Applieabihty of regulations. Permitted uses. Conditional uses. Site development regulations. ¯ Parking and loading. Special requirements. 18.72.010 The.AC a intended to uses on property retention essenti~ landscaped state. (Oral. 3048 (part), 18.72.020 Applicabil~, of regulations. The specific regulationg~of this chapter and the additional regulations ~es- tablished by Chapters to 18.99, inclu- sive, shall apply to all agricultural conservation districts. (Ord. 3048 (part), 1978) conservation district is and compatible for preservation and its natural, farmed, or 18.72.030 Permitted uses. The following uses shall be in the AC agricultural conservation dstrict~ (a) A~ricultural use, excepting th~onduct and m~intenance of hog farms; (b) Residential use, and accessory\~build- ings and uses customarily incidental tripper- mitred dwellings; provided, however, ~that such .permitted dweliings shal! be for the ~x- clusive us6 of the owner or owners,.or Iess~. e or lessor of land upon which permitted agri’~. cultural use is conducted, and the residence ’ ~er members of the same family and bo tilde employees of ~e) S~e of a~c~ pmduc~ produced on ~e pm~ses; provide, ~at no pe~ent co~erci~ s~c~e for ~e s~e or process- ~g o~a~culm~ produc~ sh~ be pe~ed; (d) ~obfie homes (m~ufac~ed ho~g) on pe~ent foundations. ’S~ Section 18.88.14~. (~ a2~ ~ ~, ~98~; @d.. 3~8 ~m), 1978) ~ . . ~e foHo~g .uses may be condifion~y ~ow~ ~ ~ AC a~cul~N conse~afion dis~c~ subject~to issu~ce of a condi~on~ use ~t ~ accord wi~ Chapmr 18.90: (a) ~N e~,. including bo=ding ke~els; ~ " ¯ ~) ~oor rec~afion se~ices; of ufi5~ se~ces to ~neighborhood, but ex- cluding business office, cons~cfion or stor- age y~, m~ten~ee f~es,or " co~orafion y~; i97~d9)~@ (d) Cememfes. (~d ~l~R ~ 11 1978) 18.72.050 Site developmeht regulations. The following site developn~ent regulations Shall apply in the AC agricultur~ conservation district; provided, that more. rest~ctive regula- ¯ tions may be recommended by l~,e architec- tural review boardand approv~ by the director of planning and commu.ni~ environ- ment, pursuant to Chapter 16.48 of\the Palo Alto Municipal Code: . \ - (a) SiteArea..The minimum site ar~e,a sha!l be twenty thousand .two hundred third-four square meters (five acres). (b) Site Width. The minimum site wtidth sha!l be 76.2 meters (two hundred fifty feet}~ (c) Site Depth. The minimum site dep~ sha!! be 76.2 meters (two hundred fifty feet). \ (d) Front Yard. The minimum front yard\ shall be 9.2 meters (thirty feet). ~t 18-136 Attachment B STAFF REPORT Planning Commission November 7, 2002 Item #1 File: 821 Stanford University Community Plan Open Space~ield Research Zoning District Zoning text amendment to establish a new zoning designation (Open Space and Field Research) for lands with this land use designation under the General Plan (2000 Stanford University Community Plan). Staff Recommendation: Forward a favorable recommendation to the Board of Supervisors to adopt the proposed ordinance contained in Option 3 (of 3 separate text options) and the corresponding zoning map. Applicant: Location: Property Address: Gen. Plan Designation: Current Zoning: Property Size: Present Land Use: Supervisorial District: Williamson Act: Santa Clara County Planning Office Stanford University Land Use Planning Office, 655 Serra Street, Stanford, CA 94305-6115 (All lands within the Open Space/Field Research Land Use designation of the 2000 Stanford University Community Plan) Stanford University Community Plan: Open Space/Field Research A1, A1-20s, A1-20s-sr Approximately 1843 acres Open Space!Field Research #5 No Planning Commission Hearing November 7, 2002 Item #1 Staff report prepared: Prepared by: Approved by: October 25, 2002 Tim Heffington, Planner Michael Lopez, Land Development Coordinator Planning Commission Hearing November 7, 2002 Item #1 PROJECT / PROPOSAL DESCRIPTION This zoning ordinance amendment creates a new zoning desig-nation of Open Space and Field Research, also identified as OS/F. This amendment also rezones certain lands on Stanford campus, consistent with the adopted land use map of the Stanford Community Plan. RECOMMENDED ACTIONS Actions Concerning Environmental Determination Forward a favorable recommendation to the Board of Supervisors to fred that the zoning district is consistent with use of a prior CEQA document and is within the scope of the EIR prepared for the Stanford Community Plan (CP) and General Use Permit (GUP), adopted December 2000. Actions Concerning Proposal Forward a favorable recommendation to the Board of Supervisors to adopt the Option 3 zoning amendment language and to adopt the zoning map rezoning certain Stanford lands. REASONS FOR RECOMMENDATION Reasons for Actions Concerning Environmental Determination The Stanford Community Plan (CP), a General Plan Amendment adopted by the Santa Clara County Board of Supervisors in December 2060, established development policies and an implementation recommendation for the County to "enact and apply appropriate zoning consistent with the allowable uses and development policies of this designation" (Exhibit A). This plan also contains the adopted land use map (Exhibit B) depicting lands of this designation. The CEQA document (EIR) for the CP and General Use Permit (GUP), also adopted by the Board in December 2000, recognized this General Plan land use designation of Open Space and Field Research. Creation of this district merely implements an action identified within that General Plan Amendment (GPA) for lands also identified within that GPA. No new effects would occur and no new EIR mitigation measures would be required. Therefore, this zoning district is consistent with use of a prior CEQA document. Reasons for Actions Concerning Proposal As described in Chapter 5.70 of the County Zoning Ordinance (or in Chapter 5.75 of the August 2002 Draft of the Revised Zoning Ordinance), the Planning Commission shall make a formal written recommendation regarding a zoning amendment proposal prior to a Board hearing. The ordinance further states that findings of consistency with state law, the zoning ordinance, and the general plan land use designations are required. The proposed text amendment and rezoning implement policies from the adopted 2000 Stanford Community Plan. The allowable uses and activities are generally described in that plan and have Planning Commission Hearing November 7, 2002 Item #1 been incorporated into the ordinance. The model for the optional clustering mode! for the Hillside district (a rural residential district) has been adapted to apply to this (nonresidential district) special purpose base district. Planning Commission Hearing November 7. 2002 Item #1 BACKGROL~D Policy Context!History The Santa Clara County Board of Supervisors adopted the Stanford University Community Plan and General Use Permit, and certified the associated EIR on December 12, 2000. The Community Plan provides strategies, policies, and implementation recommendations that guide future use and development of Stanford lands. The Land Use chapter policies and land use map of the Community Plan provide clear guidance for implementation of the OS/F District (Exhibits A and B). Prior to adoption of the CP, the Board of Supervisors considered many options for the foothills region of Stanford University. The Board considered but rejected mandatory open space dedication within the Stanford foothills. The Board restricted the range of allowable uses for this district (Exhibit A). The General Use Permit (GUP) was also adopted by the Board during December of 2000. The GUP will remain in place for a minimum of 10 years and is subject to provisions of the zoning ordinance. No additional use permits (other than for housing) may be approved for the life of this GUP. The GUP stipulates that no development is allowed within the "Foothills" development district, which encompasses the lands of the OS/F district, with the following exception: A total of 15,000 square feet of development (maximum individual structure size of 5,000 square feet) may be approved subject to a corresponding decrease in square footage elsewhere within Stanford development districts. Comments from the community and other jurisdictions have suggested that density and floor area ratio requirements should be incorporated into the OS/F zoning ordinance. Those standards generally apply to districts where residential, commercial, an~or industrial uses are allowable. This type of development is not allowable within this district. To provide flexibility for placement of allowable structures (e.g. tool storage, agricultural support, remote field research structure) throughout the district, the staff opinion is that the proposed required ASA findings are a more appropriate tool for establishing standards within this district than use of uniform zoning standards. With the GUP requirements as background, the Planning Office drafted and has altered the proposed zoning ordinance for this district. Planning staff first informed the Planning Commission during a February 2002 workshop that the proposed zoning text was being drafted to implement the General Plan policy. An initial draft of proposed text for this district was placed on the County web site, and a March Planning Commission hearing was held to hear public comment on the proposed text. At that hearing, the Commission requested that staff consider alternatives for the clustering language. At this November 7 hearing, staff is providing three options for consideration, and recommends Option 3 (See exhibits C1, C2, C3, and comparison matrix: C4). Following the March Planning Commission meeting, this zoning amendment item was continued until November 7, 2002 and the initial draft language from that meeting has remained on the web site for public review. Subsequent to that March meeting, the following actions have occurred: Planning Commission Hearing November 7, 2002 Item # 1 Public comments regarding the OS/F district have been received and have been previously forwarded to the Planning Commission. Written comments and verbal comments regarding the OS/F district have been received from neighboring jurisdictions and have been forwarded to the Planning Commission. At the request of the City of Palo Alto, a staff presentation was made to the City of Pato Alto Planning and Transportation Commission to explain the implementation of the Community Plan and General Use Permit and the provisions of the (earlier draft version of the) OS~ district. The fn-st major revision process for the entire County zoning ordinance (since 1937) has continued to progress. The previous draft of the OS/F zoning ordinance, written in the (1937) "old style" format has been revised to be compatible with the revised format of the zoning ordinance. In addition, the OS/F ordinance reference to the clustering option (previously included within the OS/F proposed ordinance) has been placed in Chapter 5.45 of the draft revised ordinance, Cluster .Permits. Exhibit D contains the applicable excerpt for ’°nonresidential clusters" that will be considered in the OS/F district. Subsequent consideration of the revised County zoning ordinance revision by Planning Office staff has reveated that certain uses not previously considered to be allowable (within the OS/F district) should indeed be considered as allowable uses (e.g. antennas, agricultural sales). The substance of the zoning ordinance text has been modified to: create new required Architectural and Site Approval Committee/Secretary findings for proposals within this district (relative to clustering, preservation of visual resources, and environmental considerations). o allow uses that were previously not considered to be allowed (e.g. antennas, agricultural sales) modify the optional 90/10 split for open space dedication!development to apply to the entire land area instead of the "project area" (or building envelope) as previously worded in the draft ordinance Planning Office staff members have met with Stanford Planning Office staff to clarify the "ground-truthing" intent of the Academic Growth Boundary (AGB) for this zoning district and the nature of the changes to the zoning district text. The (generally) northern boundary for this district is the Academic Growth Boundary (Exhibit B). Clarifications for that boundary include the following: Where the AGB generally aligns residential property below Junipero Serra Boulevard, the AGB was intended to align those residential property boundaries Planning Commission Heating November 7, 2002 Item # 1 o Where the AGB aligns the Lathrop Development District (near the Carnegie site), the area surrounding the Golf Club house (and the structure itself) will be split between two zoning districts. To address the similar nature of comments that have been presented to the County by the community and neighboring jurisdictions, the Planning Office has posted a "white paper" on the web site to address the broader concepts common among those comments. This information has recently been shared with neighboring jurisdictions as well as the Stanford University Community Resource Group and Stanford University (Exhibit E). In summary, the key points regarding this ordinance follow: 1)Planning Office staff members have provided three options for Planning Commission consideration. The three options provide alternative applications of the clustering model as that model applies to the restricted uses for this district (Exhibit C4 compares options). Staff recommends Option 3. Within all three options, uses and activities are restricted to those outlined in the Community Plan (Exhibit A), and some clarification of those policies is appropriately provided within the ordinance (Exhibit C1, C2, and recommended C3). 3)All structures must be ancillary to allowed uses or activities, and must undergo the ASA process. 4)For any project not requiring subdivision, ASA findings are required to conclude that clustering concepts have been applied to development and cumulative development. (*Note: Stanford is not required to subdivide for development activity, so this requirement for a ~clustering concept" finding ensures clustering of development, without subdivision, where appropriate.) 5)If Stanford should ever choose to subdivide OS~ parcels, the minimum new lot size would be ! 60 acres. Alternatively, subject to an optional cluster permit, this minimum lot size could be waived by the Planning Commission down to a two-acre minimum. Permanent dedication of open space could be required for project approval, only if: (a) ASA review concluded that substantial impacts requiring mitigation were associated with the project or (b) a cluster permit were to be required for subdivision of an existing parcel to less than 160 acres. Alternative open space dedication mechanism considered but not incorporated: The GUP requires that for any square foot of development in the OS/F district, a square foot of development must be removed from GUP-allowable totals elsewhere on Stanford campus. The option of requiring mandatory open space dedication (that would not constitute an unconstitutional taking) each time Stanford applied for a project was considered. Planning Commission Hearing November 7, 2002 Item #1 This potential mechanism for mandatory open space dedication was rejected because it would likely result in small increments of dedication as small projects were approved. The resulting cumbersome process of open space dedication would not provide a level of benefit that would justify the time and expense associated with achieving such dedication. STEPS FOLLOWING ACTION The Secretary of the Planning Commission shall make a formal written recommendation regarding the zoning amendment to the Board of Supervisors, in compliance with Section 65855 of the California Government Code Planning Commission Heating November 7, 2002 Item #1 EXHIBITS A Community Plan Land Use Excerpt B Land Use Map C C1 C2 C3 Zoning Amendment Option 1 Zoning Amendment Option 2 A:Enactment Ordinance B:Rezoning Ordinance Exhibit 1: Zoning Amendment (Option 3) Exhibit 2: Zoning Map (proposed zoning designations) Exhibit 3: Parcels To Be Rezoned D C4 Options Comparison Draft Revised Zoning Ordinance Excerpt from Chapter 5.45, Cluster Permit E White Paper Planning Commission Hearing November 7, 2002 Item #I EXHIBIT Planning Commission Hearing November 7. 2002 Item #1 Stanford Community Plan SCP-LU 23 The Open Space and Field Research designation applies to undeveloped lands outside the Academic Growth Boundary. These lands are important for their environmental resources and for their role in creating an open space setting for the campus a~nd the region. They also serve as a resource for field research and research- related activities dependent on the undeveloped foothill environment. SCP-LU 24 Lands within the Open Space and Field Research designation are not eligible for uses other than those permitted under the policies of this land use designation except through a General Plan amendment to change the land use designation of the property. If any lands are proposed for a land designation which is intended to be applied only to lands within the Academic Growth Boundary, the proposed amendment must include a modification of the AGB. Proposals to modify the AGB must be in accordance with the applicable policies governing its amendment contafned within the Growth and Development Chapter; therefore, no such Ge_neraJ Plan amendment may be considered within 25 years of approval of the Community Plan and cumulative development of at least 17.3 milhon square feet within the AGB. SCP-LU 25 This designation does not include lands in which special biological resources or hazards exist and which are inappropriate for development under County, State, or Federal laws, regulations, or policies (see Special Conservation Areas designation). SCP-LU 26 Allowable land uses within the Open Space and Field Research designation include: a. field study activities; b.utility infrastructure in keeping with the predominantly natura! appearance of the foothill setting; c. grazing and other agricultural u~,es; 34 do eo Chapter 2 - Land Use recreational activities which are consistent with protection of environmental resources (e.g., not construction or operation of a n~.~ golf course) and with appropriate policies regarding foothill access; specialized facilities and installations that by their nature require a remote or natural setting, such as astronomica! or other antennae installations or structures accessory to field study activities; and, f. environmental restoration. $CP-LU 27 No permanent buildings or structures are allowed, other than utility infrastructure and a limited number of small, specialized facilities or installations that support permitted or existing activities, or require a remote, natural setting and cannot be feasibly located within the AGB. $CP-LU 28 Existing non-conforming uses within this designation, such as the golf course, may continue indefinitely. Remodeling or reconstruction of existing facilities after a natural disaster may be allowed, but no further expansion is permitted. Modification of the configuration of the golf course generally within its existing boundaries is permitted. $CP-LU 29 Allowable development shall be clustered as feasible, primarily in areas with low environmental sensitivity, to preserve expanses of open space, environmentally sensitive areas, and scenic vistas. S CP-L U(i) 4 Enact and apply appropriate zoning consistent with the allowable uses and development policies of this designation. Incorporate the clustering model of the County’s Hillsides General Plan designation and Hillside zoning district in the development standards for this new zoning district. 35 EXHIBIT B Planning Commission Hearing November 7, 2002 Item #1 Land Use Designations Campus Residential - Low Density ~ Campus Residential - Moderate Density Academic Campus []Public School Campus Open Space Open Space and Field Research Special. Conservation Academic Growth Boundary soa~e ~Figure 2.2 1:30.000 No o. ~ Stanford University Community Plan Adopted Decem~r 2000 EXHIBIT C Planning Commission Hearing November 7, 2002 Item #1 EXHIBIT C 1 Planning Commission Hearing November 7, 2002 Item #I CHAPTER 2.50 SPECIAL PURPOSE BASE DISTRICTS (OPTION 1 OF 3) Sections § 2.50.010 § 2.50.020 § 2.50.030 § 2.50.040 Purposes Use Regulations Development Standards Special Criteria and Development Standards for the OS/F District § 2.50.010 Purposes The purpose of this chapter is to define allowable uses and property development standards for the special purpose base districts, which include the A1 "General Use," RS "Roadside Services," and OS/F "Open Space and Field Research" districts. The overall purposes of the special purpose base districts are to provide for uses that do not fit neatly into the rural, residential, commercial, or industrial category but are necessary to implement the general plan. The specific purposes of each of the special purpose base districts are described below. A A1 General Use. The purpose of the General Use district, also known as the A1 district, is to provide a flexible base zoning district that allows general residential and agricultural uses, and provides oppommities through the use permit process for other uses and developments that are appropriate for a particular location, consistent with the objectives, goals and policies of the general plan. RS Roadside Services. The purpose of the Roadside Services district, also known as the RS district, is to allow specific and necessary highway uses and services within clusters at appropriate locations necessary to serve the motoring public. Such uses shall be located a sufficient distance from other RS districts to prevent strip commercial development and protect the existing scenic features, landscape and open space character along certain scenic roads. Scenic amenities shall be enhanced by choice of construction materials, landscaping, site planning and development in such a manner that the scenic value at the location of the development and the scenic view from said highways shall not be compromised. This district is meant to apply to all parcels designated Roadside Services in the general plan. OS/F Open Space and Field Research. The purpose of the Open Space Field Research district, also known as the OS/F district, is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Open Space and Field Research Land Use designation. This zoning district is established to maintain the open space character of those Stanford University OS~ lands outside the Academic Growth Boundary. Allowable uses include utilities, low intensity agriculture, limited agricultural research, field research and Stanford field studies, limited outdoor recreational activities, recreational trails, environmental restoration, limited ancillary facilities, and Stanford University specialized facilities and installations, such as astronomical or related Planning Commission Hearing November 7, 2002 Item #I facilities. Criteria and standards governing activities not defined within the standard use classification tables are addressed in Section 2.50.040 of this chapter. § 2.50.020 Use Regulations The following table, Table 2.50-1, specifies the allowable land uses for the special purpose base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows: "R"designates use classifications that are permitted by fight. "S"designates use classifications permitted with a special permit, subject to the provisions of Chapter 5.60, Special Permit. "A"designates use classifications permitted with architecture and site approval, subject to the provisions of Chapter 5.40, Architecture and Site Approval. "U"designates use classifications permitted with a use permit, and architecture and site approval, subject to the provisions of Chapter 5.65, Use Permit, and Chapter 5.40, Architecture and Site Approval. "-" designates use classifications that are not allowed. Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the special purpose base districts. Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES Adult Uses Agriculture Agricultural Accessory Structures & Uses ~[~ Permitted by Right $Special Permit (Ch 5.60) A ASA (Ch 5.40) LI Use Permit! ASA (Ch 5.65, 5.40) -Not Permitted ZONING OS/F Supplemental RegulationsA1 RS U --§ 4.10.020 [][] []§ 4.20.020; Note 1 (OS/F) Planning Commission Hearing November 7, 2002 Item # 1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES Agricultural Employee Housing Short Term Long Term Agricultural Equipment Sales & Services Agricultural Processing Small Scale Medium Scale Large Scale Agricultural Research Agricultural Sales Limited General Farmers’ Markets Agriculturally Related Entertainment & Commercial Uses Antennas- Commercial Minor Major Auction Houses Automotive Sales & Services Limited Repair General Repair Sales & Rentals Service Stations Storage Washing Banks Bed & Breakfast Inns ZONING RS OS/F ~! Permitted by Right Special Permit (Ch 5.60) A ASA(Ch5.40) U Use Permit! ASA (Ch 5.65, 5.40) -Not Permitted f Supplemental Regulations A A A U - U - Note 1, Note 2 (OS~), § 4.10.030 § 4.10.030 § 4.10.030 Note 1 (OS/F) § 4.40.110 (Signs), Note 1, Note 2 (OS/F) § 4.40.110, Note 1, Note 2 (os/~) U U § 4.10.050 A A A U U A U -- § 4.10.060 Planning Commission Hearing November 7. 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [Ill Permitted by Right $Special Permit (Ch 5.60) A ASA (Ch 5.40) IJ Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES ZONING RS OS/F Supplemental RegulationsA1 Billboards IJ -- Broadcasting IJ -- Business Services IJ -- Butcheries IJ -- Camps & Retreats !--- Cemeteries IJ -- Churches (See "Religious Institutions") Clubs-Private & Nonprofit IJ -- Colleges & Vocational Schools IJ -- Community Care Limited [][]-§ 4.10.090, Note 3 Expanded IJ IJ -§ 4.10.090 Corporation Yards IJ -- Dairies IJ -- Domestic Animals [][]- Feed Lots LI -- Field Research [][][]Note 1 (OS/F) Food & Beverage Sales LI LI -Note 4 (RS) Food Preparation & Catering Services IJ -- Funeral & Cremation Services IJ -- Golf Courses & Country Clubs IJ --§ 4.t0.140(B); Note 5 (os/F) Golf Driving Ranges IJ --§ 4.10.150(B) Health & Fitness Clubs IJ -- Helipads IJ --§ 4.10.160 Historic Structure-Use Conversion S 8 -§ 4.10.170 Home Occupations General [][]-§ 4.10.180 Expanded $$-§ 4.10.180 Hospitals & Clinics IJ -- Hotels & Motels IJ U - Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS ~l Permitted by Right S Special Permit (Ch 5.60) A ASA(Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted ZONING RS OS/F USES Kennels Laboratories & Testing Services Laundries-Commercial Livestock Auction Yards Machinery & Equipment Services Limited General Maintenance & Repair Services Manufactured-Home Sales & Rentals Manufacturing Limited General Intensive Massage Establishments Medicinal Marijuana Dispensaries Museums Mushroom Farms Nonprofit Institutions Nurseries A1 U --§ 4.10.200 U m m U --§4.!0.2t0 U -- U -- U m - U U U U U U U U Supplemental Regulations Note 6 Note 7 §4.10.220 Retail U -- Wholesale U -- Offices U -- Oil and Gas Extraction U -- Parking Services & Facilities U -- Personal Services: All U -- Petroleum Products Distribution U -- Poultry & Egg Farms U --§ 4.10.240 Radio-Controlled Model Aircraft U --§ 4.10.250 Facilities Reception Facilities U --§ 4.10.260 Recreation-Commercial U -- Planning Commission Heating November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS ~1~ permitted by Right S Special Permit (Ch 5.60) A ASA (Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES Recreational Playgrounds & Sports Fields Recreational Vehicle Parks Recycling Facilities Collection Facilities-Consumer Recycling Recycling/Processing Facilities- Consumer Waste Concrete, Asphalt, & Soil Recycling Composting & Wood Recycling Hazardous Materials Religious Institutions Residential Single-Family Two-Family Multi-Family Residential Accessor2,." Structures & Uses Residential-Communal Institutional Restaurants and Bars Retail Sales & Services General Outdoor Sales & Storage Rodeos & Equestrian Events Rooming Houses, Fraternities, & Sororities Schools Secondary Dwellings Sport Shooting Stables-Commercial Stanford Specialized Facilities & Installations Studios-Arts & Crafts ZONING RS OS/FA1 IJ IJ -§ 4.10.280 Supplemental Regulations Note 1, Note 8 Note 9 § 4.20.020 I.I IJ -Note 4 (RS) $$-§ 4.10.340 13 --§ 4.10.360 --A Note 10 (OS/F) Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES A Surface Mining Swim & Tennis Clubs Taxidermy Temporary Residences / Construction Theaters Timber Harvest Operations - Commercial Truck & Railroad Terminals Truck Sales & Services Repair Sales Storage Underground Mining Utilities Minor Major Veterinary Clinics & Hospitals Warehousing & Storage Indoor Outdoor Well-Drilling Operations Wholesaling & Distribution Wind Energy Conversion Systems- Commercial Wineries Limited General Expanded-Reception/Special Events Facilities ZONING A1 RS OS/F Permitted by Right Special Permit (Ch 5.60) ASA (Ch 5.40) Use Permit/ASA (Ch 5.65, 5.40) Not Permitted iSupplemental , Regulations Note 11 Note 12 § 4.10.390 NOTES: Within the OS/F district structures anciIIary to any allowed use or activity are permitted subject to the ASA process (Article 5, Chapter 5.40 & Article 2, Chapter 2.50). Prior to establishment of any structure, Planning Commission Hearing November 7, 2002 Item #1 7. 8. 9. 10. 11. 12. a determination by the Planning Office is required to ensure consistency with the General Use Permit development requirements for this district. Within the OS/F district, the nature of agricultural processing is limited to low intensity processing and agricultural sales activities are limited to those that would not significantly impact local transportation patterns. (E.g. Activities such as packaging products for off-site shipping and allowing limited on-site purchase of agricultural commodities are consistent with allowable uses for this district. Activities such as a canning operation, or establishing a commercial outlet for sale of muttiple agricultural commodities would be of an intensity that is inconsistent with the purposes for this district.) Facilities qualifying as "Large-Family Day-Care Homes," serving between 7 and 12 persons, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code. In Roadside Services (RS) districts, general retail sales uses must be limited in scale and directly related to a permitted motel, hotel, RV park, service station or restaurant, and must be primarily oriented toward serving the needs of the motoring public. The existing Stanford University Golf Course may be modified or reconfigured within its existing boundaries as of December 12, 2000, but may not be expanded. Modification or replacement of the clubhouse or similar structure is permitted subject to applicable provisions of the Community Plan and General Use Permit. Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code. Medicinal marijuana dispensaries shall comply with the provisions of Division B26 of the County Ordinance Code. Within the OS/F district, the composting facility is limited to servicing Stanford University purposes, and is not intended to serve other communities or jurisdictions. Single-family dwellings, including certain additions, and new secondary dwellings, may be subject to the building site approval provisions of Division C 12-300-399 of the County Ordinance Code. Includes structures or facilities that require a remote setting, including but not limited to facilities for astronomical or atmospheric research. Such structures or facilities require isolation from sources of interference (such as noise, vibration, electromagnetic fields, or similar impediments). Within the OS!F district, existing utilities may be replaced provided there is no increase in size or scale of aboveground structures. Above ground disturbance resulting from the maintenance or replacement of such structures shal! be restored to pre-disturbance condition. Within the OS/F district, new utilities may be constructed that serve either Stanford or other lands provided that such facilities reasonably minimize degradation to the natural environment and maintain the predominantly natural appearance of the foothill setting. §2.50.030 Development Standards A.Standards. Table 2.50-2 establishes property development and subdivision standards for special-purpose base districts. TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS A1 RS OS/F Planning Commission Hearing November 7, 2002 Item #1 TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS A1 RS OS/F Minimum lot area For lot creation For building site With lot size combining districts 5,000 sq. ft.20 acres 20 -160 acres~ 3,750 sq. ft.1 acre ASA Ch. 3.10 NA NA Setbacks (feet) Front Side Side, Exterior (comer lot) Rear Scenic road Exceptions 25,-30 ASA 5"30 ASA 10’-30 ASA 25"30 ASA 100~-t 00 ASA §4.20.110, Setback Exceptions ASA Maximum height Feet 35-"35 ASA Stories 2,-2 ASA Accessory buildings See Chapter 4.20, Supplemental Development Standards NOTES: Minimum lot area shall be determined by the slope density formula, as described for the 20s combining district in § 3.10.040. The reference in § 3.10.040 for density, relative to land area per dwelling unit, shall not apply to the OS/F district. Minimum parcel size may be reduced to a minimum of two acres by the Planning Commission for a nonresidential cluster, subject to a cluster permit, as provided for in § 5.45. 2. For non-residential uses, see subsection C of this section. Measurements. The standards shown in Table 2,50-2 are subject to the following rules of measurement: 1.Where a lot abuts on a road, setbacks from that road shall be measured from the ultimate road right of way; 2.Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and 3. Height shall be measured according to the provisions of Article 6, Definitions. AlDistrict-Standards for Nonresidential Uses. Setbacks and height limits for nonresidential and multi-family residential uses in the A1 district shall be determined by the ASA committee, subject to the following limitations: Planning Commission Hearing November 7, 2002 Item #1 Nonresidential uses adjacent to any residentially developed property may be required to provide a minimum front yard setback equal to that of the adjacent residential use; and 2. Nonresidential uses adjacent to any residentially developed property shall be required to provide a minimum side and rear yard setback equal to one-half the height of the building closest to the setback, or 5 feet, whichever is greater. §2.50.040 Special Criteria and Development Standards for the OS/F District Permitted Activities and Criteria. The following activities that do not entail structures of a permanent nature are permitted by right. 1.Environmental restoration: Activities include science-based management focused on active protection of the immediate environment or return of that environment to a pre-disturbance condition. Limited outdoor recreational activities: Activities include those that are consistent with protection of environmental resources and do not require a building, grading, or other permit. Examples include hiking and jogging on existing service roads and student field trips. Development of trails is allowed, subject to standard land use approval requirements (e.g. grading permit requirements of Ordinance No. NS- 1203.35, §6, 3). Development Criteria, Findings, and Limitations. ASA Authority. The ASA commi~ee shall have the authority to review, prescribe, and modify standards and size limitations for all uses subject to ASA, including parking or any road or road connection that is deemed necessary to accommodate uses allowed within Article 2, Chapter 2.50. 2.ASA Findings and Criteria Applicable to All Uses. Any use subject to ASA shall comply with the following findings and criteria, in addition to standard ASA fmdings of Section 5.40.040: The project requires a remote, natural setting and cannot be feasibly located within the AGB (e.g.: avoidance of interference from electromagnetic or vibration sources can only be achieved in this setting). Project design and location afford reasonable protection to visual resources of the district and to views of the district from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E1 Camino Real, Alpine Road, and dedicated public trails. Project design and location afford reasonable protection to environmental resources. If necessary, mitigation measures have been established that reduce environmental impact to less than significant levels. d. Criteria contained within Notes 1, 8, 9, and 10 (§2.50.020) shall apply. Planning Commission Hearing November 7, 2002 Item #1 Co New Utilities Criteria. New utilities are allowed, provided that no other location is available that will achieve equal efficiency and effectiveness of service, and that the required structure is of a design that is compatible with open space and does not degrade the environment. Fences. Fences shall be of an open design compatible with the intent of the district to minimize visual impacts to the natural setting. Special Allowance for Replacement of Legally Existing Structures. Notwithstanding the provisions of Chapter 4.50.020, reconstruction of any legally existing facilities following destruction by a natural disaster, accident, or intentional act of a party other than the owner or a lessee is permitted, provided there is no increase in floor area, subject to current building codes and standards, Architecture and Site Approval (ASA), and the criteria listed below: The project replicates, reduces, or provides a modified building footprint that is environmentally superior (e.g. moves project away from riparian corridor) to the previous use and results in equivalent or reduced impact to visual resources as viewed from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E1 Camino Real, Alpine Road, and the Countywide Trails Master Plan C 1 and S 1 trail alignments. The project recreates or improves design and landscaping features (but does not increase total area of landscaping features) in a manner that is environmentally superior to the previous design and landscaping associated with this use. The project may be relocated provided the proposed location results in an environmentally superior project and the previous location is restored or rehabilitated subject to standards (e.g. previous riparian corridor location is revegetated with native grasses) determined by the County. Planning Commission Hearing November 7, 2002 Item #1 EXHIBIT Planning Commission Hearing November 7, 2002 Item #1 CHAPTER 2.50 SPECIAL PURPOSE BASE DISTRICTS (OPTION 2 OF 3) Sections § 2.50.010 § 2.50.020 § 2.50.030 § 2.50.040 Purposes Use Regulations Development Standards Special Criteria and Development Standards for the OS~ District § 2.50.010 Purposes The purpose of this chapter is to define allowable uses and property development standards for the special purpose base districts, which include the A1 "General Use," RS "Roadside Services," and OS!F "Open Space and Field Research" districts. The overall purposes of the special purpose base districts are to provide for uses that do not fit neatly into the rural, residential, commercial, or industrial category but are necessary to implement the general plan. The specific purposes of each of the special purpose base districts are described below. A A1 General Use. The purpose of the Gene/al Use district, also known as the A1 district, is to provide a flexible base zoning district that allows general residential and agricultural uses, and provides opportunities through the use permit process for other uses and developments that are appropriate for a particular location, consistent with the objectives, goals and policies of the general plan. No RS Roadside Services. The purpose of the Roadside Services district, also known as the RS district, is to allow specific and necessary highway uses and services within clusters at appropriate locations necessary to serve the motoring public. Such uses shall be located a sufficient distance from other RS districts to prevent strip commercial development and protect the existing scenic features, landscape and open space character along certain scenic roads. Scenic amenities shall be enhanced by choice of construction materials, landscaping, site planning and development in such a manner that the scenic value at the location of the development and the scenic view from said highways shall not be compromised. This district is meant to apply to all parcels designated Roadside Services in the general plan. OS/F Open Space and Field Research. The purpose of the Open Space Field Research district, also known as the OS/F district is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Open Space and Field Research Land Use designation. This zoning district is established to maintain the open space character of those Stanford University OS/F lands outside the Academic Growth Boundary. Allowable uses include utilities, low intensity agriculture, limited agricultural research, field research and Stanford field studies, limited outdoor recreational activities, recreational trails, environmental restoration, limited ancillary facilities, and Stanford University specialized facilities and installations, such as astronomical or related Planning Commission Hearing November 7, 2002 Item #1 facilities. Criteria and standards governing activities not defined within the standard use classification tables are addressed in Section 2.50.040 of this chapter. § 2.50.020 Use Regulations The following table, Table 2.50-1, specifies the allowable land uses for the special purpose base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows: "R"designates use classifications that are permitted by right. "S"designates use classifications permitted with a special permit, subject to the provisions of Chapter 5.60, Special Permit. "A"designates use classifications permitted with architecture and site approval, subject to the provisions of Chapter 5.40, Architecture and Site Approval. "U"designates use classifications permitted with a use permit, and architecture and site approval, subject to the provisions of Chapter 5.65, Use Permit, and Chapter 5.40, Architecture and Site Approval. "-" designates use classifications that are not allowed. Supplemental reg-ulations for the establishment and conduct of a use are referenced in the "Supplemental Regnlations" column of the table. Use classifications not listed in the table are prohibited in the special purpose base districts. Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right S Special Permit (Oh 5.60) A ASA(Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES Adult Uses Agriculture Agricultural Accessory Structures & Uses ZONING RS OS/F Supplemental RegulationsA1 U --§ 4.10.020 [][] []§ 4.20.020;Note 1 (OS/F) Planning Commission Hearing November 7, 2002 Item # ! Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS I~ Permitted by Right S Special Permit (Ch 5.60) A ASA(Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES Agricultural Employee Housing Short Term Long Term Agricultural Equipment Sales & Services Agricultural Processing Small Scale Medium Scale Large Scale Agricultural Research Agricultural Sales Limited General Farmers’ Markets Agriculturally Related Entertainment & Commercial Uses Antennas-Commercial Minor Major Auction Houses Automotive Sales & Services Limited Repair General Repair Sales & Rentals Service Stations Storage Washing Banks Bed & Breakfast Inns ZONING A1 RS OS/F U n n U -- Supplemental Regulations Note 1, Note 2 (OS/F), § 4.10.030 § 4.10.030 § 4.10.030 Note 1 (OS/F) § 4.40.110 (Signs), Note 1, Note 2 (OS/F) § 4.40.110, Note 1, Note 2 (OS,~F) U U - U U -§ 4.10.050 A A A U U A U -- § 4.10.060 Planning Commission Hearing November 7, 2002 Item # 1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right S Special Permit (Ch 5.60) A ASA (Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES ZONING A1 RS OS/F Supplemental Regulations Billboards El -- Broadcasting El -- Business Services El -- Butcheries El -- Camps & Retreats --- Cemeteries El -- Churches (See "Religious Institutions") Clubs-Private & Nonprofit El -- Colleges & Vocational Schools El -- Community Care Limited [][]-§ 4.10.090, Note 3 Expanded El El -§ 4.10.090 Corporation Yards El -- Dairies El -- Domestic Animals [][]- Feed Lots El -- Field Research [][][]Note 1 (OS/F) Food & Beverage Sales El El -Note 4 (RS) Food Preparation & Catering Services El -- Funeral & Cremation Services El -- Golf Courses & Count~’ Clubs El --§ 4.10.140(B); Note 5 (os ) Golf Driving Ranges El --§ 4.10.15003) Health & Fitness Clubs El -- Helipads El --§ 4.10.160 Historic Structure-Use Conversion S $-§ 4.10.170 Home Occupations General [][]-§ 4.10.180 Expanded $$-§ 4.10.180 Hospitals & Clinics El -- Hotels & Motels El El - Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right $Special Permit (Ch 5.60) A ASA (Ch5.40) IJ Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted ZONING A1 RS OS/F USES Kennels Laboratories & Testing Services Laundries-Commercial Livestock Auction Yards Machinery & Equipment Services Limited Genera! Maintenance & Repair Services Manufactured-Home Sales & Rentals Manufacturing Limited General Intensive Massage Establishments Medicinal Marijuana Dispensaries Museums Mushroom Farms Nonprofit Institutions Nurseries Supplemental Regulations LI --§ 4.!0.200 LI --§4.10.2!0 Note 6 Note 7 §4.I0.220 Retail IJ -- Wholesale IJ -- Offices IJ -- Oil and Gas Extraction IJ -- Parking Services & Facilities LI -- Personal Services: All IJ -- Petroleum Products Distribution U -- Poultry & Egg Farms 0 --§ 4.!0.240 Radio-Controlled Model Aircraft LI --§ 4.10.250 Facilities Reception Facilities LI --§ 4.10.260 Recreation-Commercial 0 -- Planning Commission Hearing November 7, 2002 Item #I Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS Permitted by Right Special Permit (Ch 5.60) ASA (Ch 5.40) Use Permit/ASA (Ch 5.65, 5.40) Not Permitted USES Recreational Playgrounds & Sports Fields Recreational Vehicle Parks Recycling Facilities Collection Facilities-Consumer Recycling Recycling! Processing Facilities- Consumer Waste Concrete, Asphalt, & Soil Recycling Composting & Wood Recycling Hazardous Materials Religious Institutions Residential Single-Family Two-Family Multi-Family Residential Accessory Structures & Uses Residential-Communal Institutional Restaurants and Bars Retail Sales & Services General Outdoor Sales & Storage Rodeos & Equestrian Events Rooming Houses, Fraternities, & Sororities Schools Secondary Dwellings Sport Shooting Stables- Commercial Stanford Specialized Facilities & Installations Studios-Arts & Crafts ZONING A1 RS OS/F Supplemental Regulations IJ O -§ 4.10.280 Note 1, Note 8 Note 9 § 4.20.020 tl IJ -Note 4 (RS) $$-§ 4.10.340 IJ --§ 4.10.360 --A Note 10 (OS/F) tJ N - Planning Commission Heating November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES Surface Mining Swim & Tennis Clubs Taxidermy Temporary Residences / Construction Theaters Timber Harvest Operations - Commercial Truck & Railroad Terminals Truck Sales & Services Repair Sales Storage Underground Mining Utilities Minor Major Veterinary Clinics & Hospitals Warehousing & Storage Indoor Outdoor Well-Drilling Operations Wholesaling & Distribution Wind Energ3’ Conversion Systems- Commercial Wineries Limited General Expanded-Reception! Special Events Facilities A1 RS Permitted by Right Special Permit (Ch 5.60) ASA (Ch 5.40) Use Permit/ASA (Ch 5.65, 5.40) Not Permitted ZONING OS/F U m U - U - U - A A A Note 11 U U A Note 12 U w w U -- U -- U -- U U -§ 4.10.390 Supplemental Regulations NOTES: 1.Within the OS/F district structures ancillary to any allowed use or activity are permitted subject to the ASA process (Article 5, Chapter 5.40 & Article 2, Chapter 2.50). Prior to establishment of any structure, Planning Commission Hearing November 7, 2002 Item #1 7. 8. 9. 10. 11. 12. a determination by the Planning Office is required to ensure consistency with the General Use Permit development requirements for this district. Within the OS/F district, the nature of agricultural processing is limited to low intensity processing and agricultural sales activities are limited to those that would not significantly impact local transportation patterns. (E.g. Activities such as packaging products for off-site shipping and allowing limited on-site purchase of agricultural commodities are consistent with allowable uses for this district. Activities such as a canning operation, or establishing a commercial outlet for sale of multiple agricultural commodities would be of an intensity that is inconsistent with the purposes for this district.) Facilities qualifying as "Large-Family Day-Care Homes," sewing between 7 and 12 persons, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code. In Roadside Services (RS) districts, general retail sales uses must be limited in scale and directly related to a permitted motel, hotel, RV park, service station or restaurant, and must be primarily oriented toward serving the needs of the motoring public. The existing Stanford University Golf Course may be modified or reconfigured within its existing boundaries as of December 12, 2000, but may not be expanded. Modification or replacement of the clubhouse or similar structure is permitted subject to applicable provisions of the Community Plan and General Use Permit. Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code. Medicinal marijuana dispensaries shall comply with the provisions of Division B26 of the County Ordinance Code. Within the OS/F district, the composting facility is limited to servicing Stanford University purposes, and is not intended to serve other communities or jurisdictions. Single-family dwellings, including certain additions, and new secondary dwellings, may be subject to the building site approval provisions of Division C12-300-399 of the County Ordinance Code. Includes structures or facilities that require a remote setting, including but not limited to facilities for astronomical or atmospheric research. Such structures or facilities require isolation from sources of interference (such as noise, vibration, electromagnetic fields, or similar impediments). Within the OS/F district, existing utilities may be replaced provided there is no increase in size or scale of aboveground structures. Above ground disturbance resulting from the maintenance or replacement of such sU’uctures shall be restored to pre-disturbance condition. Within the OS/F district, new utilities may be constructed that serve either Stanford or other lands provided that such facilities reasonably minimize degradation to the natural environment and maintain the predominantly natural appearance of the foothill setting. §2.50.030 Development Standards A.Standards. Table 2.50-2 establishes property development and subdivision standards for special-purpose base districts. TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS A1 RS OS/F Minimum lot area Planning Commission Hearing November 7, 2002 Item # I TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS For lot creation For building site With lot size combining districts A1 RS OS/F 5,000 sq. ft.20 acres 160 acres 3,750 sq. ft.1 acre ASA Ch. 3.10 NA NA Setbacks (feet) Front Side Side, Exterior (comer lot) Rear Scenic road Exceptions Maximum height Feet Stories Accessory buildings 251 30 ASA 51 30 ASA 101 30 ASA 251 30 ASA 1001 100 ASA See §4.20.110, Setback Exceptions ASA 351 35 ASA 2!2 ASA See Chapter 4.20, Supplemental Development Standards NOTES: 1. For non-residential uses, see subsection C of this section. Measurements. The standards shown in Table 2.50-2 are subject to the following rules of measurement: o Where a lot abuts on a road, setbacks from that road shall be measured from the ultimate road fight of way; Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and 3. Height shall be measured according to the provisions of Article 6, Definitions. A1 District-Standards for Nonresidential Uses. Setbacks and height limits for nonresidential and multi-family residential uses in the A1 district shall be determined by the ASA committee, subject to the following limitations: Nonresidential uses adjacent to any residentially developed property may be required to provide a minimum front yard setback equa! to that of the adjacent residential use; and Planning Commission Hearing November 7, 2002 Item # 1 2. Nonresidential uses adjacent to any residentially developed property shall be required to provide a minimum side and rear yard setback equal to one-half the height of the building closest to the setback, or 5 feet, whichever is greater. §2.50.040 Special Criteria and Development Standards for the OS/F District Permitted Activities and Criteria. The following activities that do not entail structures of a permanent nature are permitted. 1.Environmental restoration: Activities include science-based management focused on active protection of the immediate environment or return of that environment to a pre-disturbance condition. Limited outdoor recreational activities: Activities include those that are consistent with protection of environmental resources and do not require a building, grading, or other permit. Examples include hiking and jogging on existing service roads and student field trips. Development of trails is allowed, subject to standard land use approval requirements (e.g. grading permit requirements of Ordinance No. NS- 1203.35, §6, 3). Development Criteria, Findings, and Limitations. ASA Authorit3’. The ASA committee shall have the authority to review and prescribe standards and size limitations for all uses subject to ASA, including parking or any road or road connection that is deemed necessary to accommodate uses allowed within Article 2, Chapter 2.50. 2.ASA Findings and Criteria Applicable to All Uses. Any use subject to the ASA process shall comply with the following findings and criteria, in addition to standard ASA findings of Section 5.40.040: a.The project requires a remote, natural setting and cannot be feasibly located within the AGB (e.g.: avoidance of interference from electromagnetic or vibration sources can only be achieved in this setting). Project design and location afford reasonable protection to visual resources of the district and to views of the district from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E1 Camino Real, and Alpine Road, and dedicated public trails. c.Project design and location afford reasonable protection to environmental resources. If necessary, mitigation measures have been established that reduce environmental impact to less than significant levels. Project design incorporates clustering concepts where appropriate, both individually and cumulatively (in relation to other projects), to provide a means for reducing the amount of improvements required for development, to conserve natural features, and/or to facilitate the provision of more aesthetic and efficient Planning Commission Hearing November 7, 2002 Item #1 Co use of open space. Permanent dedication of open space will be required, where appropriate, to mitigate project impacts. Any such dedication would not be an unconstitutional taking of private property. e. Criteria contained within Notes 1, 8, 9, and 10 (§2.50.020) shall apply. New Utilities Criteria. New utilities are allowed, provided that no other location is available that will achieve equal efficiency and effectiveness of service, and that the required structure is of a design that is compatible with open space and does not degrade the environment. Fences. Fences shall be of design compatible with the intent of the district to minimize visual impacts to the natural setting. The regulations for fences in rural districts (§4.20.050.B) shall apply to construction or replacement of fences. Special Allowance for Replacement of Legally Existing Structures Reconstruction of any legally existing facilities following destruction by a natural disaster, accident, or intentional act of a party other than the owner or a lessee is permitted, provided there is no increase in floor area, subject to current building codes and standards, Architecture and Site Approval (ASA), and the criteria listed below. Notwithstanding provisions of 4.50.020, the following allowances for replacement of existing structures apply: The project replicates, reduces, or provides a modified building footprint that is environmentally superior (e.g. moves project away from riparian corridor) to the previous use and results in equivalent or reduced impact to visual resources as viewed from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E1 Camino Real, Alpine Road, and the Countywide Trails Master Plan C 1 and S 1 trail aligmnents. 2.The project recreates or improves design and landscaping features (but does not increase total area of landscaping features) in a mariner that is environmentally superior to the previous design and landscaping associated with this use. The project may be relocated provided the proposed location results in an environmentally superior project and the previous location is restored or rehabilitated subject to standards (e.g. previous riparian corridor location is revegetated with native grasses) determined by the County. Planning Commission Heating November 7, 2002 Item # 1 EXHIBIT C3 Planning Commission Hearing November 7, 2002 Item #1 Exhibit C3 contains the following materials: Exhibit A: Exhibit B: Enactment Ordinance Rezoning Ordinance Exhibit 1: Staff-Recommended OS/F Zoning Amendment Text, Option 3 Exhibit 2: Proposed Zoning Map Exhibit 3: List of Parcels to be Rezoned Planning Commission Hearing November 7, 2002 Item #1 ORDINANCE NO. NS - AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA AMENDING CHAPTER 2.50 OF THE REVISED ZONING ORDINANCE, TO ESTABLISH THE "OS/F, OPEN SPACE/FIELD RESEARCH" ZONING DISTRICT Tl-tis ordinance amends the text of Chapter 2.50 of the Santa Clara County Zoning Ordinance, Appendix I of the County Ordinance Code, to establish the "OS/F, Open Space/Field Research" Zoning District. This ordinance implements the Stanford Community Plan, in particular, the Land Use policies and implementation recommendation to enact zoning districts and regulations applicable to Stanford University lands having the "Open Space/Field Research" Land Use desig-nation. THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA ORDAINS AS FOLLOWS: SECTION 1: Chapter 2.50 of the Zoning Ordinance of the County of Santa Clara, Appendix I of the Ordinance Code, is hereby amended to enact the "OS/F, Open Space/Field Research" Zoning District and regulations thereof, as // // // // // // // // Planning Commission Hearing November 7, 2002 Item # 1 shown in Exhibit 1 of this ordinance. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on by the following vote: AYES: Supervisors NOES: ABSENT: Donald F. Gage, Chairperson Board of Supervisors ATTEST: Phyllis Perez, Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY Lizanne Reynolds, Deputy County Counsel Planning Commission Hearing November 7. 2002 Item #1 EXHIBIT C3oB Planning Commission Hearing November 7, 2002 Item # 1 ORDINANCE NO. NS - AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA AMENDING SECTION 2-3 AND 2-4 OF THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAPS TO REZONE CERTAIN PARCELS HEREIN IDENTIFIED FROM A1, A1-20s, and A1-20s-sr TO OS/F This ordinance amends the Official Zoning Maps of the County of Santa Clara Zoning Ordinance, as referenced in Section 2-3 and 2-4, Appendix I of the County Ordinance Code, by changing the zoning designations of the subject parcels from "AI," "A1-20s," and "A1-20s-sr" to "OS/F, Open Space/Field Research," in conformance with their applicable Stanford Community Plan Land Use designation. [County File #8214-00-00-01Z] THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA ORDAINS AS FOLLOWS: SECTION 1: Rezoning of certain Stanford University parcels from A1, A1-20s, and A1-20s-sr. The official zoning maps maintained pursuant to Section 2-3 and 2-4 of Article 2 of the Zoning Ordinance, Appendix I of the Ordinance Code of the County of Santa Clara, are hereby amended to change the zoning of those parcels // // // // // // Planning Commission Hearing November 7, 2002 Item # 1 // // depicted in Exhibit 2 (Map of Parcels) and identified in Exhibit 3 (List of Parcels) from A1, A1-20s, and A1-20s-sr to OS/F. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on by the following vote: AYES: NOES: ABSENT: ATTEST: Donald F. Gage, Chairperson, Board of Supervisors Phyllis Perez, Clerk of the Board APPROVED AS TO FORM AND LEGALITY: Lizarme Reynolds, Deputy County Counsel Exhibits to this Ordinance: 1."OS/F, Open Space/Field Research" Zoning District and regulations 2.Map of Parcels to be Rezoned 3.List of Parcels to be Rezoned Planning Commission Hearing November 7, 2002 Item #1 EXHIBIT i Planning Commission Hearing November 7, 2002 Item #1 CHAPTER 2.50 SPECIAL PURPOSE BASE DISTRICTS (OPTION 3 OF 3) Sections § 2.50.010 § 2.50.020 § 2.50.030 § 2.50.040 Purposes Use Regulations Development Standards Special Criteria and Development Standards for the OS/F District § 2.50.010 Purposes The purpose of this chapter is to define allowable uses and property development standards for the special purpose base districts, which include the A1 "General Use," RS "Roadside Services," and OS/F "Open Space and Field Research" districts. The overall purposes of the special purpose base districts are to provide for uses that do not fit neatly into the rural, residential, cornrnercial, or industrial category but are necessary to implement the general plan. The specific purposes of each of the special purpose base districts are described below. A A1 General Use. The purpose of the General Use district, also known as the A1 district, is to provide a flexible base zoning district that allows general residential and agricultural uses, and provides opportunities through the use permit process for other uses and developments that are appropriate for a particular location, consistent with the objectives, goals and policies of the general plan. No RS Roadside Services. The purpose of the Roadside Services district, also known as the RS district, is to allow specific and necessary highxvay uses and services within clusters at appropriate locations necessary to serve the motoring public. Such uses shall be located a sufficient distance from other RS districts to prevent strip commercial development and protect the existing scenic features, landscape and open space character along certain scenic roads. Scenic amenities shall be enhanced by choice of construction materials, landscaping, site planning and development in such a manner that the scenic value at the location of the development and the scenic view from said highways shall not be compromised. This district is meant to apply to all parcel.s designated Roadside Services in the general plan. OS/F Open Space and Field Research. The purpose of the Open Space Field Research district, also known as the OS~ district is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Open Space and Field Research Land Use designation. This zoning district is established to maintain the open space character of those Stanford University OS/F lands outside the Academic Growth Boundary. Allowable uses include utilities, low intensity agriculture, limited agricultural research, field research and Stanford field studies, limited outdoor recreational activities, recreational trails, environmental restoration, limited ancillary facilities, and Stanford University specialized facilities and installations, such as astronomical or related Planning Commission Hearing November 7, 2002 Item #1 facilities. Criteria and standards governing activities not defined within the standard use classification tables are addressed in Section 2.50.040 of this chapter. § 2.50.020 Use Regulations The following table, Table 2.50-1, specifies the allowable land uses for the special purpose base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows: "R"designates use classifications that are permitted by right. "S"designates use classifications permitted with a special permit, subject to the provisions of Chapter 5.60, Special Permit. "A"designates use classifications permitted with architecture and site approval, subject to the provisions of Chapter 5.40, Architecture and Site Approval. "U"designates use classifications permitted with a use permit, and architecture and site approval, subject to the provisions of Chapter 5.65, Use Permit, and Chapter 5.40, Architecture and Site Approval. "-" designates use classifications that are not allowed. Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the special purpose base districts. Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right $Special Permit (Ch 5.60) A ASA (Ch 5.40) U Use Permit! ASA (Ch 5.65, 5.40) -Not Permitted USES Adult Uses Agriculture Agricultural Accessory Structures & Uses ZONING RS OS/F Supplemental RegulationsA1 U --§ 4.10.020 [][] A § 4.20.020; Note 1 (OS/F) Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right ....S Special Permit (Ch 5.60) A ASA(Ch 5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted USES Agricultural Employee Housing Short Term Long Term Agricultural Equipment Sales & Services Agricultural Processing Small Scale Medium Scale Large Scale Agricultural Research Agricultural Sales Limited General Farmers’ Markets Agriculturally Related Entertainment & Commercial Uses Antennas-Commercial Minor Major Auction Houses Automotive Sales & Services Limited Repair General Repair Sales & Rentals Service Stations Storage Washing Banks Bed & Breakfast Inns ZONING A1 RS OS/F U m n U ~- [] [] A A A A Supplemental Regulations Note 1, Note 2 (OS/F), § 4.!0.030 § 4.10.030 § 4.10.030 Note 1 (OS/F) § 4.40.110 (Signs), Note 1, Note 2 (OS/F) § 4.40.110, Note 1, Note 2 (osn:) U U - U U -§ 4.10.050 A A A U U A U -- § 4.10.060 Planning Commission Hearing November 7, 2002 Item # 1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS Permitted by Right Special Permit (Ch 5.60) ASA (Ch 5.40) Use Permit/ASA (Ch 5.65, 5.40) Not Permitted USES ZONING RS OS/F Supplemental RegulationsA1 Billboards IJ -- Broadcasting IJ -- Business Services 1/-- Butcheries IJ -- Camps & Retreats --- Cemeteries IJ -- Churches (See "Religious Institutions") Clubs-Private & Nonprofit IJ -- Colleges & Vocational Schools LI -- Community Care Limited [][]-§ 4.10.090, Note 3 Expanded 13 ld -§ 4.10.090 Corporation Yards IJ -- Dairies IJ -- Domestic Animals [][]- Feed Lots IJ -- Field Research [][][]Note 1 (OS/F) Food & Beverage Sales LI LI -Note 4 (RS) Food Preparation & Catering Services IJ -- Funeral & Cremation Sen’ices IJ -- Golf Courses & Country. Clubs LI --§ 4.10.140(B); Note 5 (OS/F) Golf Driving Ranges IJ --§ 4.10.150(B) Health & Fitness Clubs IJ -- Helipads O --§ 4.10.160 Historic Structure-Use Conversion $$-§ 4.10.170 Home Occupations General [][]-§ 4.10.180 Expanded S S -§ 4.10.180 Hospitals & Clinics IJ -- Hotels & Motels IJ IJ - Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS [] Permitted by Right $Special Permit (Ch 5.60) A ASA(Ch5.40) El Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted ZONING A1 RS OS/F USES Kennels Laboratories & Testing Services Laundries- Commercial Livestock Auction Yards Machinery & Equipment Services Limited General Maintenance & Repair Services Manufactured-Home Sales & Rentals Manufacturing Limited General Intensive Massage Establishments Medicinal Marijuana Dispensaries Museums Mushroom Farms Nonprofit Institutions Nurseries Supplemental Regulations El --§ 4.10.200 El --m El m m IJ --84.10.210 El m m El --_ El --m El ---- Note 6 Note 7 84.10.220 Retail El -- Wholesale El -- Offices El -- Oil and Gas Extraction El -- Parking Services & Facilities El -- Personal Services: All El -- Petroleum Products Distribution El -- Poultry & Egg Farms El --§ 4.10.240 Radio-Controlled Model Aircraft El --§ 4. ! 0.250 Facilities Reception Facilities El --§ 4.10.260 Recreation-Commercial El -- Planning Commission Hearing November 7, 2002 Item #i Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES Recreational Playgrounds & Sports Fields Recreational Vehicle Parks Recycling Facilities Collection Facilities-Consumer Recycling Recycling/Processing Facilities- Consumer Waste Concrete, Asphalt, & Soil Recycling Composting & Wood Recycling Hazardous Materials Religious Institutions Residential Single-Family Two-Family Multi-Family l ~l Permitted by Right $Special Permit (Ch 5.60) A ASA(Ch5.40) U Use Permit/ASA (Ch 5.65, 5.40) -Not Permitted ZONING OS/FA1 RS IJ [J -§ 4.10.280 Supplemental Regulations Note 1, Note 8 Note 9 Residential Accessor.v Structures & Uses il []§ 4.20.020 Residential-Communal Institutional Restaurants and Bars Retail Sales & Services General I IJ IJ -Note 4 (RS) Outdoor Sales & Storage O -- Rodeos & Equestrian Events 0 -- Rooming Houses, Fraternities, &i tJ -- Sororities Schools U -- Secondary Dwellings S S -§ 4.10.340 Sport Shooting LI -- Stables-Commercial IJ --§ 4.!0.360 Stanford Specialized Facilities &--A Note 10 (OS~) Installations Studios-Arts & Crafts tJ -- Planning Commission Hearing November 7, 2002 Item #1 Table 2.50-1 USES IN SPECIAL PURPOSE BASE DISTRICTS USES Surface Mining Swim & Tennis Clubs Taxidermy Temporary Residences / Construction Theaters Timber Harvest Operations - Commercial Truck & Railroad Terminals Truck Sales & Services Repair Sales Storage Underground Mining Utilities Minor Major Veterinary Clinics & Hospitals Warehousing & Storage Indoor Outdoor Well-Drilling Operations Wholesaling & Distribution Wind Ener~’ Conversion Systems- Commercial Wineries Limited General Expanded-Reception/Special Events Facilities A1 i~ Permitted by Right $Special Permit (Ch 5.60) A ASA (Ch 5.40) U Use Permit~ ASA (Ch 5.65, 5.40) -Not Permitted ZONING RS OS/F U U U U A A A Note 11 U U A Note 12 U m m U m - U -- U -- U -- U U -§ 4.10.390 A U Supplemental Regulations NOTES: I.Within the OS/F district structures ancillary to any allowed use or activity are permitted subject to the ASA process (Article 5, Chapter 5.40 & Article 2, Chapter 2.50). Prior to establishment of any structure, Planning Commission Hearing November 7, 2002 Item #1 7. 8. 9. 11. 12. a determination by the Planning Office is required to ensure consistency with the General Use Permit development requirements for this district. Within the OS/F district, the nature of agricultural processing is limited to low intensity processing and agricultural sales activities are limited to those that would not significantly impact local transportation pattems. (e.g. Activities such as packaging products for off-site shipping and allowing limited on-site purchase of agricultura! commodities are consistent with allowable uses for this district. Activities such as a canning operation, or establishing a commercial outlet for sale of multiple agricultural commodities would be of an intensity that is inconsistent with the purposes for this district.) Facilities qualifying as "Large-Family Day-Care Homes," serving between 7 and 12 persons, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code. In Roadside Services (RS) districts, general retail sales uses must be limited in scale and directly related to a permitted motel, hotel, RV park, service station or restaurant, and must be primarily oriented toward serving the needs of the motoring public. The existing Stanford University Golf Course may be modified or reconfigured within its existing boundaries as of December 12, 2000, but may not be expanded. Modification or replacement of the clubhouse or similar structure is permitted subject to applicable provisions of the Community Plan and General Use Permit. Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code. Medicinal marijuana dispensaries shall comply with the provisions of Division B26 of the County Ordinance Code. Within the OS/F district, the composting facility is limited to servicing Stanford University purposes, and is not intended to serve other communities or jurisdictions. Single-family dwellings, including certain additions, and new secondary dwellings, may be subject to the building site approval provisions of Division C12-300-399 of the County Ordinance Code. Includes structures or facilities that require a remote setting, including but not limited to facilities for astronomical or atmospheric research. Such structures or facilities shall require isolation from sources of interference (such as noise, vibration, electromagnetic fields, or similar impediments). Within the OS/F district, existing utilities may be replaced provided there is no increase in size or scale of aboveground structures. Above ground disturbance resulting from the maintenance or replacement of such structures shall be restored to pre-disturbance condition. Within the OS/F district, new utilities may be constructed that serve either Stanford or other lands provided that such facilities reasonably minimize degradation to the natural environment and maintain the predominantly natural appearance of the foothill setting. §2.50.030 Development Standards A.Standards. Table 2.50-2 establishes property development and subdivision standards for special-purpose base districts. TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS A1 RS OSfF Minimum lot area Planning Commission Hearing November 7. 2002 Item #1 TABLE 2.50-2 SPECIAL PURPOSE BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS For lot creation For building site With lot size combining districts A1 RS OS/F 5,000 sq. ft.20 acres !60 acres1 3,750 sq. ft.1 acre ASA Ch. 3.10 NA NA Setbacks (feet) Front Side Side, Exterior (comer tot Rear Scenic road 25"30 ASA 5z 30 ASA 10:30 ASA 25’-30 ASA !00-’100 ASA Exceptions Maximum height Feet Stories Accesso~ buildings I See §4.20.110, Setback Exceptions ASA 35-’35 ASA 2-"2 ASA See Chapter 4.20, Supplemental Development Standards NOTES: Stanford may exercise the optional clustering provision, subject to § 5.45 (Cluster Permit) to establish a lot of less than 160 acres. Minimum parcel size may be reduced to a minimum of two acres by the Planning Commission for a nonresidential cluster, subject to a cluster permit, as provided for in § 5.45. Minimum lot area, subject to a cluster permit, shall be determined by the slope density formula as described for the 20s combining dislrict in § 3.10.040. The reference in § 3.10.040 to density, relative to land area per dwelling unit, shall not apply to the OS/F district. 2.For non-residential uses, see subsection C of this section. Measurements. The standards shown in Table 2.50-2 are subject to the following rules of measurement: Where a lot abuts on a road, setbacks from that road shall be measured from the ultimate road right of way; Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and 3. Height shall be measured according to the provisions of Article 6, Definitions. Planning Commission Hearing November 7, 2002 Item #1 A1 District-Standards for Nonresidential Uses. Setbacks and height limits for. nonresidential and multi-family residential uses in the A1 district shall be determined by the ASA committee, subject to the following limitations: Nonresidential uses adjacent to any residentially developed property may be required to provide a minimum front yard setback equal to that of the adjacent residential use; and 2. Nonresidential uses adjacent to any residentially developed property shall be required to provide a minimum side and rear yard setback equal to one-half the height of the building closest to the setback, or 5 feet, whichever is greater. §2.50.040 Special Criteria and Development Standards for the OS/F District Permitted Activities and Criteria. The following activities that do not entail permanent structures are permitted. 1.Environmental restoration: Activities include science-based management focused on active protection of the immediate environment or return of that environment to a pre-disturbance condition. Limited outdoor recreational activities: Activities include those that are consistent with protection of environmental resources and do not require a building, grading, or other permit. Examples include hiking and jogging on existing service roads and student field trips. Development of trails is allowed, subject to standard land use approval requirements (e.g. grading permit requirements of County Ordinance No. NS-1203.35, §6, 3). Development Criteria, Findings, and Limitations. ASA Authority. The ASA committee shall have the authority to review and prescribe standards and size limitations for all uses subject to ASA, including parking or any road or road connection that is deemed necessary to accommodate uses allowed within Article 2, Chapter 2.50. 2.ASA Findings and Criteria Applicable to All Uses. Any use subject to the ASA process shall comply with the following findings and criteria, in addition to standard ASA findings of Section 5.40.040: a.The project requires a remote, natural setting and cannot be feasibly located within the AGB (e.g.: avoidance of interference from electromagnetic or vibration sources can only be achieved in this setting). Project design and location afford reasonable protection to visual resources of the district and to views of the district from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E! Camino Real, and Alpine Road, and dedicated public trails. Planning Commission Hearing November 7. 2002 Item #1 c.Project design and location afford reasonable protection to environmental resources. If necessary, mitigation measures have been established that reduce environmental impacts to less than significant levels. Project design incorporates clustering concepts where appropriate, both individually and cumulatively (in relation to other projects), to provide a means for reducing the amount of improvements required for development, to conserve natural features, and/or to facilitate the provision of more aesthetic and efficient use of open space. Permanent dedication of open space will be required, where appropriate, to mitigate project impacts. Any such dedication will not be an unconstitutional taking of private property. e.Additional criteria contained within use regulations and notes of §2.50.020 shall apply. Fenees. Fences shall be of a design compatible with the intent of the district to minimize visual impacts to the natural setting. The regulations for fences in rural districts (§4.20.050.B) shall apply to construction or replacement of fences. Special Allowance for Replacement of Legally Existing Structures Reconstruction of any legally existing facilities following destruction by a natural disaster, accident, or intentional act of a party other than the owner or a lessee is permitted, provided there is no increase in floor area, subject to current building codes and standards, Architecture and Site Approval (ASA), and the criteria listed below. Notwithstanding provisions of 4.50.020, the following allowances for replacement of existing structures apply: The project replicates, reduces, or provides a modified building footprint that is environmentally superior (e.g. moves project away from riparian corridor) to the previous use and results in equivalent or reduced impact to visual resources as viewed from Junipero Serra Boulevard, Page Mill Road, Interstate 280, E1 Camino Real, Alpine Road, and dedicated public trails. 2.The project recreates or improves design and landscaping features (but does not increase total area of landscaping features) in a manner that is environmentally superior to the previous design and landscaping associated with this use. The project may be relocated provided the proposed location results in an environmentally superior project and the previous location is restored or rehabilitated subject to standards (e.g. previous riparian corridor location is revegetated with native grasses) determined by the County. Planning Commission Hearing November 7, 2002 Item #1 EXHIBIT 2 Planning Commission Heating November 7, 2002 Item #1 Academic Growth Boundary Open Space and Field Research - Affected Parcels ~Qpen Space and Field Research (Lands to be Rezoned) r~ Other Land Use Designations __ Campus Residential - Low Density Campus Residential - Moderate Density ~ Academic Campus Public School Campus Open Space Special Conservation ¯ November 7, 2002 ¯ Planning Commission Meeting Revised Zoning Ordinance Chapter 2.50: Special Purpose Base District (Stanford Open Space/Field Research Zoning District), Option Comparison: November 7 Planning Commission Draft OPEN SPACE FIELD RESEARCH ZONING DISTRICT COMPARISON of Options 1 - 3 Provision Allowable uses and activities LOT SIZE SLOPE DENSITY FORMULA CLUSTERING OPTION REQU~D FINDING for CLUSTERING CONCEPT PERMANENT DEDICATION OF OPEN SPACE Option 1 Options 1-3 are identical with regard to allowable uses and activities 20 - 160 acres OR clustering option allows Planning Commission determination of lot size required for new parcel creation optional 90/10 split required to waive parcel size No required "clustering concept" ASA finding required only if clustering option is exercised Option 2 Options 1-3 are identical with regard to allowable uses and activities 160 acre minimum no slope density formula N/A no option for 90/10 split (see required ASA finding for clustering "concept") required "clustering concept" ASA finding where appropriate, permanent open space dedication may be required Option 3 Options 1-3 are identical with regard to allowable uses and activities 160 acre minimum OR clustering option allows Planning Commission determination of lot size required for clustering and to subdivide to create a parcel smaller than 160 acres optional 90/10 split required to waive parcel size required "clustering" ASA finding 90/10 split required if clustering option is exercised also, where appropriate, permanent open space dedication may be required Revised Zoning Ordinance Chapter 5.45: Cluster Permit Excerpts for Stanford OSiF District, November 7 Planning Commission Draft Permanent dedication of open space. In order to ensure that open space preserved through the cluster development will be permanent, dedication of development rights to the County of Santa Clara shall be required through recorded open space easements. Dedication of such development rights may also be made to more than one public agency, such as the Santa Clara County Open Space Authority or Midpeninsula ReNona! Open Space District, in conjunction with the county, if such agency is a willing participant. Open space easements shall regulate the future use of the open space, and, where necessary and appropriate to preserve the natural resources of the area or to effectuate required environmental mitigations or conditions of approval, shall specify the land owner’s and management and maintenance obligations. Nonresidential clusters. On the lands of Stanford University, clustering of lands zoned OS/F for nonresidential development shall be allowed provided the creation of new parcels serves to facilitate uses provided for under the OS/F regulations. "Development area," for the purposes of this provision, shall include all land proposed for structures, roads, parking areas, associated landscaping and other types of development. A cluster permit is required for the division of land into lots of less than 160 acres. A cluster arrangement of structures shall achieve economy of land use and efficiency of access, while avoiding or minimizing impact to the natural environment to the extent feasible. Defined development areas shall include no more than 10% of the total land area subj ect to the land division, with at least 90% of the remaining land area preserved in permanent open space by means of dedication of development rights which prevents future subdivision of such lands. Such open space area is not required to be contiguous to the development area and may be located in either the Open Space/Field Research district or the Special Conservation district. Cluster development proposals may be arranged in more than one cluster provided that the multiple cluster arrangement achieves economy of land use and efficiency of access intended by this ordinance and the applicable provisions of the Stanford Community Plan land use designation. Configuration of open space. To the maximum extent possible, balancing the various goals and objectives of the general plan and zoning ordinance for public health, safety, and welfare, the configuration of open space shall incorporate those noteworthy and most valuable natural features of the land, such as rock outcroppings, historic or archeological sites, significant stands of mature trees, and riparian areas. Furthermore, the open space shall be generally configured as large, contiguous areas capable of serving the various purposes of such open space, including but not limited to recreation and trails, agxiculture, viewshed protection, limited outdoor recreation activities, field research activities, environmental restoration, and habitat preservation and wildlife corridors. The configuration of open space shall be reasonably based on the appropriate consideration of access requirements and standards, geologic hazards, and other forms of development constraints which may be present. Attachment C Planning and Transportation Commission Verbatim Minutes May 22, 2002 EXCERPT UNFINISHED BUSINESS. Public Hearings: Other Items: Report from Planning and Transportation Commission Sub-Committee on the Stanford Open Space/Field Research (continued from May 15 special meeting). Chair Burt: Yes? Commissioner Cassel: I have a conflict with this item so I must step out. If you would let me know when you are done. I have to state the conflict and that is that I work with Stanford. Chair Burt: So this item has been continued from out May 15 meeting. It is a follow up to both a previous Staff presentation and then a presentation by the County Planning Staff. The Sub-Committee of Comrnissioners Packer and Holman, would you like to begin the discussion by presenting some of the items that you had discussed in your Sub- Committee? Commissioner Packer: I just want to say that we are working off of this draft letter that the two people from the County who came on May 1 and addressed the concerns that were raised at the previous meeting and were outlined in the April 22 letter. They were outlined in the April 22 letter and they came and addressed the concerns that were outlined to them in an April 22 letter. We thought that the letter should reflect an appreciation for them coming and speaking to us on those issues. In general, on many of the issues, which are in bullets in this letter, they said they would try and address in the form of creating criteria for findings for the various types of uses that would come forward to them under the different provisions of the Zoning Code. So we want the letter to stress that we hope that the criteria in those findings do adequately address these concerns and that we would have the opportunity to respond to their draft proposed findings to see if they do so because we want to come back to them and make sure. Karen, do you want to go through some of the specific items to make sure that they cover those in their findings? Commissioner Holman: Sure. I would like to thank Staff also for doing this summary for us and capturing the essence of our discussion. Page 1 The second bullet I believe is where we had out first comments. The second bullet being, "To regulate the location and size of the utilities so that environmental impacts are minimized." We had some discussion, and welcome of course other Commissioners to chime in on this, we had some discussion about including the capacity of utilities and also the number of utilities. Not because we can predict or anticipate what those are going to be but when they are looking at what their findings are going to be that they consider those aspects as well. Additionally, the third bullet was, "Regulate trails to limit paving or other impervious surfaces." We talked about adding roads to that as well. Basically we were considering should paving even be allowed or should there be some requirement or some finding to allow paving. The fourth bullet, "Provide development standards sufficient to limit discretion but allow flexibility and design review." We wanted that design review to include environmental compatibility for instance color, materials and architecture. I think siting and orientation were other criteria. The next item was, "Identify specifically the range of uses." We also would like them to consider the intensity of the uses and type of development. The last bullet that is here is, "Restrict the impact of fences." What we would really like to see or what we had a fair amount of discussion about was that fences not impede the migation of wildlife and the design of fences be open so as not to impede that migation. Also in the meeting when the representatives came, they spoke of fences being allowed to six to eight feet in height. One consideration was for instance deer, I don’t know if deer can jump, they probably can jump a six-foot fence but I don’t have that expertise but I doubt seriously that they could jump an eight-foot fence. That should be looked at, limiting the height of fences. Also we wanted to add a bullet, which was to specifically not allow development above the 200-foot limit. The GUP mentions generally not allowed above 200 feet and we want to make it a specific not above 200 feet. Then I think the last comment that I had that we discussed was the last paragraph. The last part of that paragraph says, "For clustered projects the open space component is not allowed to be transferred to the yet-to-be established conservation areas which already prohibits development." We agree with that but would also like to add that open space dedication for non-clustered development should also be a requirement. The reason for that is that it could actually encourage non- clustered development and there are advantages of course to clustered developed, fewer roads, less access, fewer corridors for humans to be going across and fewer impacts overall on the environment. As Bonnie said too, we look forward to seeing the findings. Other Commissioners may have comments as well. Chair Burr: Before we wade into the other questions and comments we do have one public speaker. So I would like to allow him to speak. Herb Borock. Mr. Herb Borock. P.O. Box 632. Palo Alto: There are some things in the letter that are weaker than the recommendations that were in the Staff Report you received on March 20. One of them is that in regard to open space dedication. In the March 20 Staff Report it reads in the recomrnendation that I agee with that it should be contiguous to the developable area. That has been dropped from the letter and I believe that should be put back in. Page 2 I also support the two additional items that Commissioner Holman mentioned about the 200 foot elevation and the required open space for non-clustered development as welt. A second place where the draft letter is weaker than the recommendation in the March 20 Staff Report is in regard to development regulations as specifically called out such things as floor area and setbacks and height. I had recommending go further and that is to use the site development regulations for height and number of stories and setbacks that are in Pato Alto’s Open Space Zone District which to me are appropriate for Palo Alto and are more restrictive than the comparable Hillside regulations. They are just different, Hillside zoning is a 35-foot height and Open Space Zoning is 25 foot heist. In Hillside it is three stories and in Palo Atto’s Open Space it is two stories. Also I am surprised that the Planning and Transportation Commission would be sending a letter to the County Planning Commission. This Commission like all Boards and Commissions is advisory to the City Council and I believe it is the City Council which has one more meeting at least before the County Planning Commission meeting that should be making statements on behalf of the City. I understand that the meeting next week may be cancelled. There was ori~nally supposed to be a meeting of the City Council for I believe it was SOFA II but there is certainly a meeting on the Monday of June 3 before the June 6 Planning Commission meeting of the County. So I would ask you to recommend to the Council that they act. The Hillside Zoning also has a minimum lot size of 160 acres that is also not in here. If you give me a moment to go back to my letter for your March 20 meeting and see if there is anything else. There was a question of how much be dedicated. I recommended 90%. There is also slope density that for different slopes that you would have different density. Simitian’s original idea that the slope of the land would indicate how much development would be allowed. To also incorporate language from the Hillside Zone District in terms of economy and length of roads and driveways due to the proximity of buildings and facilities. Building and facilities shall be built in the most logical, least disruptive sites conforming to the natural contours with large proportions of the remaining developable area left in the natural condition and the dedicated open space part shall be left in a natural condition. Also to incorporate, I believe it may actually be in the letter without specifying the amounts that is to incorporate the limits that are in the General Use Permit, the 15,000 overall square foot and the 5,000 per parcel. That is mentioned in general without actually mentioning the numbers. Thank you. Chair Burt: Thank you. I would like to reopen the topic to Commissioners for either discussion or questions of Staff. Commissioner Griffin: To pick up on one of Herb’s comments, in fact, is it appropriate for the Planning Commission to be contacting a Commission on a different jurisdictional level? That is a question. Chair Burr: Do you have any comments on that? Julie or Lisa? Ms. Lisa Grote, ChiefPlannin~ Official: Thank you. In the letter the beginning sentence is that these are the comments from the Planning Commission to the County Plam~ing Commission so it does indicate in there that you are not speaking for the entire City, you are speaking as a Planning Commission. We can also add that your comments are being Page 3 forwarded to our own City Council for their consideration at a later date but prior to when the County Board of Supervisors takes final action on this. So by the time the Board of Supervisors is prepared to take action our City Council will have reviewed your comments, formulated their own comments and sent those officially to the County Board. So at this point it is Commission comments to another Commission. Ms. Julie Caporg-no. Advance Planning Manager: The Board is anticipating hearing the item in September so there would be time for the Council to review your comments and comment and send those comments back to the Board of Supervisors. But there isn’t time for us to send your comments to the City Council and get those to the County Planning Commission. So we felt it would be appropriate for the County Planning Commission at least to understand the City’s Planning Commission’s comments on this proposal. Chair Burt: Kathy, did you have a question on that? Commissioner Schmidt: That explained the timing issue I was wondering about. Chair Burt: Karen. Commissioner Holman: So could we recommend that that language, the language that Lisa just used in explaining, be included with the letter to the County Planning Commission? I think that would be helpful. Chair Butt: Bonnie. Commissioner Packer: I would like to take up a little bit about what Herb said about our own Open Space District. I don’t remember that we raised that with the County people specifically. I wonder if we could recommend that there be findings that whatever development there is is consistent with or doesn’t have any greater impact on the environment than a development that could be done under our Open Space District or something to that effect. I know that they were comparing their own Hillside Zoning and found that it wasn’t applicable because it allows these big things to be built there. It had nothing to do with the uses that would be allowed in the Stanford Open Space District. Ms. Wvnne Furth. Senior Assistant CiW Attorney: I don’t "know what I am telegraphing here. If you want to suggest to the County that these are a good set of standards and that they shouldn’t allow an?thing that wouldn’t be allowed under those standards that is certainly an approach you could take. When you talk about things like no less environmentally intense, once again you are back in this land where you are trying to do very complicated calculations for no really clear result. Chair Burt: So we could recommend that given that this land is in the Palo Alto sphere of influence or predominantly, is it wholly or predominantly? Ms. Grote: I believe it is predominantly. Page 4 Ms. Furth: If it is in Santa Clara County, then it is going to be ours. Chair Burt: Not everything in the County is within our sphere of influence but I believe that these lands are wholly within our sphere of influence. Is it then well founded to expect that for those County lands within the Palo Alto sphere of influence the County should have guidelines that respect and abide by the City Open Space and Hillside Guidelines? Is that a reasonable request? Does our sphere of influence imply that we have that right? Ms. Grote: I think that you might want to be specific about which standards you would like to have applied such as height and/or number of stories. I don’t think you would want the uses to be similar because we allow residential uses, we allow stables, we allow uses that I don’t think are consistent with what we want in the Field Research District for the County. So you probably want to be specific about which standards you want to reference or include. Chair Burt: Okay, other than height and number of stories, are there others that come to mind that you would recommend that we include? If you want to take a moment that would be fine Ms. Grote: Yes, let me look at that. Chair Burr: Wyrme, did you have something else? Ms. Furth: Julie may have more information on this. It varies a geat deal from county to county how much deference that county gives to the pre-zoning of a city is sphere of influence area. Los Angeles County is probably the worst case and other counties are quite similar. There was just a lawsuit last week that came down in which San Bernadino County changed its provisions in its Comp Plan which had provided that they would honor the pre-zoning of cities and their spheres to say that no, they wouldn’t and they had done that on a negative declaration and the court said that’s a big change. Stanford is a bit unique because Santa Clara County’s general approach is to say that development takes place in cities. So they don’t have such a need for extensive compatibility rules because generally they have urbanization taking place in cities. You can probably articulate your case by pointing out that the City worked to develop these standards for land that is substantially similar to and surrounding these lands and that is a good reason to think that they would be appropriate here. Ms. Grote: There are, under Special Regulations, items that you might want to reference. Geological soils investigations and reports. Also landscaping, existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use. Fencing restrictions, no barbed wire, similar fencing may be installed except to protect a vegetative community or wildlife habitat until it is fully established. It has some provisions here to enclose utility facilities but limited to water or sewage pumps. I know that was a concern that some of the Sub-Committee had Page 5 mentioned. Access to remote areas, roads, tracks, driveways, trails for automobiles, trucks, businesses or motorcycles shall not be developed except upon the securing of site and design approval or a similar process. So you probably would want to reference those as well. Those are under Special Regulations. It also talks about soil erosion and management and grading and minimizing grading. Chair Burt: Does the Commission concur that they would like to have those standards referenced in our letter? Commissioner Bialson: So we are going to reference those standards as well as building construction standards in terms of the envelope that is acceptable? Ms. Grote: As far as height limits I heard you mention two stories and 25 feet in height. I also heard you mention anything below the 200 foot limit which is not in our standards. Chair Burt: Good. I think that is a real constructive addition. Any others? Kathy. Commissioner Schmidt: I just want to comment about that 200 foot limit. I don’t know if this applies or not but there is a solar observatory out in that area. An architecture firm that I used to work for designed that and I know it is one of two facilities in the world that were built. There is a sister one in the Soviet Union somewhere. It may be above 200 feet in order to function. I don’t know, maybe it isn’t. I don’t know what the elevations are out there. Chair Burt: This is on new construction. Commissioner Schmidt: I know. I realize it is on new construction. I am just saying maybe there is some other observatory kind of thing that would be in the Field Research category that would need an elevation higher than 200 feet. I am just mentioning it, I don’t know if it even applies to what is there. Chair Burr: Annette. Commissioner Bialson: Picking up on what Kathy said I think ~ve need to have some provision for review of these standards being imposed on them because there are items such as solar observatories, etc. So I don’t think the Commission is looking for a complete prohibition but perhaps we need to state something that allows uniquely sited and functioning purposes such as the solar observatory, to be sited. I don’t know how we would do that though. Chair Burt: Bonnie. Commissioner Packer: I ~vould imagine that the zoning code has room for application for variances, for example. If Stanford is going to build something that didn’t fit whatever was set out, xvhatever the final Zoning Ordinance requires, there would be a way for them to do it. I think what we are asking for is that these are issues that we would hope that the Page 6 findings that would have to be made for any structures that would be included, e.g., does this development respect the ridge line, is it below 200 feet. Then they would have some procedures if this ASA group that would be reviewing it has procedures to allow for some exceptions that if Stanford needed to make its case then a public hearing or whatever happens. There would be an opportunity for the rare exceptions to be considered. Chair Burt: I think Wynne has one comment on it. Ms. Furth: You could certainly add to your statement here that you understand that there may be cases in which the particular requirements of a research facility make it desirable to deviate from these standards and in those cases you believe it should be after an advertised public hearing process. That would address it. I would feel a little uncomfortable relying on variances because there aren’t a whole lot of constraints in the property itself here. Chair Burt: So what would you recommend we rely upon? Ms. Furth: They can come up with a permit or a special design review or a permit process. I am sure they have a number. I understand that the notion would be that it shouldn’t be done unless there is something about this particular research function that needs to be situated in violation of these standards and that there should be a public hearing process so that it is a well discussed issue. Chair Burt: Then it be mitigated as much as possible in that event. Ms. Furth: That sounds fine. Chair Burt: Karen. Commissioner Holman: Go ahead. Commissioner Packer: I just want to say that I understood from when they described their procedures of their ASA, what does that stand for again? Chair Burt: Architectural Site Approval. Commissioner Packer: That everything that comes before them is done through notice and a public hearing. I want to be sure that we understand that in the document that we get and review that we can see that and what that process is. If they are going to be making, if the Zoning Code is general and wants to be flexible and they are going to look at each project on a case by case basis subject to making findings then the hearing process is really important. Chair Burt: Karen. Page 7 Commissioner Holman: I like the language that Wyrme used and I would certainly require that therebe the public notice aspect to it. I am wondering if also, I don’t want to beat a dog here but we are trying to keep development below the 200 foot because the GUP just says ~generally below," so if you want to keep it below 200 feet could there also be language added, and I will probably need your help with this Wynne, that states unless no other feasible location. So it doesn’t have to be in this particular siting for such a research project. Ms. Furth: What is it that the Commission wants to convey here? That you don’t want them putting these facilities up there just because it is a nice place to have it but you don’t want to keep them from putting in research facilities that are appropriate in this area that need to be above 200 feet. Is that about right? Chair Burt: I might characterize it as that would be located above 200 feet as a last resort, in essence, not a first resort. Ms. Furth: So then really there is no other feasible way. That the activity is appropriate for the location and there is no other feasible way to carry it out. Chair Burt: Do the other Commissioners agee with that standard though? Annette. Commissioner Bialson: I have a little bit of a problem with that. I think that is a very high bar for people to cross or jump over. So I don’t feel comfortable with that. Chair Burt: What alternative bar would you suggest? Commissioner Bialson: I don’t want to word-smith here but that there be good cause shown that this is an appropriate location. Something like that but not suitable for any other location seems to me to almost have them doing too much justification for a specific location. Chair Burr: One of the concepts we have been going through has been that above 200 feet is a generally inappropriate location and it would have to be a significant justification to break that. Commissioner Bialson: A significant justification or something like that but not that it’s the only place it could be. That seems too high. Chair Burt: Lisa. Ms. Grote: Would you recommend then that the County make findings that would address that issue as part of their ASA approval? That the findings that they are going to develop would include, if a project is proposed above the 200 foot level that they make this finding that the use appropriate for that location, that there isn’t any other place to put that use and have it function. Page 8 Commissioner Bialson: How about no reasonable other location? Some sort of modifier there. I see Wynne nodding. Ms. Furth: I think you are concerned that people would be doing this enormous amount of research to demonstrate that there was no other place when actually you could figure out pretty fast that the requirements of this. I think that Lisa can come up with something which conveys this notion that they shouldn’t really be putting things up there but if there is research, legitimate research, that is appropriate to allow on that site and it takes going over 200 feet and they have picked the least bothersome location or they have tried to reduce the impacts by siting it in particular ways that minimize the disruption of the ridgeline or the view that is okay. Chair Burt: Karen. Commissioner Holman: Just one last little thing here. I do support your more restrictive language, Wynne, and Pat’s notion that it be absolutely last resort. I am really not comfortable with language such as, "good reason" or "just cause" because anybody can make that argument for anything. I am not comfortable with that general a terminology. Chair Burt: I guess I would like to see a high bar, maybe not something that is completely prohibitive but quite a high bar. Ms. Furth: Since we are ~vriting a letter not an ordinance you can say that. That you believe that generally speaking there shouldn’t be any development over 200 feet and you seriously considered recommending that there be none under any circumstances but you acknowledge this is a research facility and that there may be circumstances under which relatively unobtrusive facilities that are appropriate to the area need to be located above that level. In those cases you think there should be a public hearing process where that can be demonstrated. If you say it needs to be located under 200 feet by implication you are saying it can’t go anywhere else. Chair Burt: That seem reasonable to me. Okay? Great, that is a consensus of the Commission. Any other items or aspects? Bonnie. Commissioner Packer: We forgot to discuss this. It is my fault, I didn’t raise this in our little committee. This is a sentence that came from the April 22 letter when it said that the Commission questioned whether an administrative process such as the Architectural and Site Approval process was the appropriate mechanism for development review, etc. Are we still questioning that or do we feel that we got enough of an explanation of how their process works? How do the Commissioners feel? That might have been back in March but is that still the feeling that we have? To me, it seems that they explained what they were doing and they had a hearing process and as long as it is a well noticed hearing process it seemed appropriate to me. Ms. Capor~ono: I included that in the letter because I don’t know if you recall at the May 1 meeting at the conclusion you really didn’t have any comments and I volunteered to Page 9 just kind of pull something together. You hadn’t really made any comments one way or the other so I incorporated that. I assume that there would be things that you would want to delete and maybe expand upon as you have. So we can delete that easily. Chair Burt: So how does the Commission feel? Did the County Planning Staff adequately address our concerns about the ASA approval process? Commissioner Holman: Given that we have added conditions and regulations, yes. Chair Burt: Anyone else? Commissioner Griffin: I wasn’t here for that March meeting when that topic came up but in reading the minutes it was pretty clear that we were all expressing a certain concern that was fundamentally a Staff driven function down there with just one representative from the Planning Commission, is that right? Ms. Caporgno: It is one Planning Commissioner and four Staff I believe. Commissioner Packer: But they hold public hearings. Ms. Capora-no: It is noticed and they hold a hearing. Chair Burt: Then their recommendation then goes to? Ms. Caporgno: My understanding is that is the decision unless it is appealed and if it is appealed then it would go to the Planning Commission I believe. Chair Burt: So how do we feel about that process? Do we consider it to be adequate to address our concerns? Commissioner Griffin: Do we really have sufficient leverage to change that? What if we said we weren’t happy with the way that was setup? Are we really in a position? Chair Burt: Are there alternatives? Commissioner Griffin: Right. Chair Burt: Does Staff have any comments? Annette. Commissioner Bialson: I just look at the political wisdom of questioning in too much detail their processes which we can’t change. So unless we were willing to explain why we are not happy with their system, looking at it, if we have a problem with it we can’t force it to go to any particular decision, we can force it to go to a full Commission hearing. I think we should let that be and just not send them a letter where we seem to be perhaps picking apart too much of their processes. Page 10 Chair Burt: So your point is that given a concern with a particular outcome can be appealed to the full Planning Commission and can it be appealed beyond that? Its final decision-making body is the County Planning Commission. So given that process, are we comfortable with accepting their established ASA approval process? Commissioner Griffin: My question was do we have an alternative? I haven’t had an answer to that one yet. Chair Burt: Does Staff have any comments on if we didn’t like this process what alternative might there be? Ms. Grote: I think you would be making that comment and they would consider it. I don’t know if they would change their processes to accommodate a comment like that whether it is coming from the Commission or anyone else. Commissioner Griffin: So if we have no leverage then there is no use in pursuing it. Ms. Furth: If you consider the fact that our City does not send all these issues to a citizen appointed commission it probably further weakens the argument. I think your original concern also was very much involved with the situation where you had very vague standards and you may have addressed a lot of those concerns. The hardest thing is when you have a staff instructed to make decisions with no standards to apply. It is very wobbly. Chair Burt: Okay. So in that case are we comfortable with the reading of that sentence? Great. Any other comments? Commissioner Packer: I just want to make sure that the letter really emphasizes the fact that we are looking forward to seeing their findings and that we want to review those. Just as they explained that they would develop these findings in their presentation on May 1. So it is not only that we support the inclusions that we are looking forward to seeing what their product looks like. Ms. Grote: That would include review of their standards and findings then. Commissioner Packer: I mean the criteria. Chair Burt: Criteria for the findings. Okay. Great. Thank you. A final question. I will be able to see the final version of the letter? Will the Commission be able to see it before I am asked to sign it or do time constraints interfere? Ms. Capora-no: I can get it to the full Commission or if you just want to review it. You are going to have to sig~ it anyway. Chair Burt: I think it would be ~eat to circulate it to the Commission in case they have any final input on it. Is that proper legally? Page 11 Ms. Caporgno: We will have to then come back and you will have to discuss it in a meeting once again. So you could look at it singularly. Ms. Furth: We can send it to the Chairman for his review. We can send it to the Sub- Committee which is properly constituted or you can bring it back to the Commission at a meeting. Chair Burt: And from a time standpoint do we have time to send it to the Sub-Committee and then bring it back to the Commission? When do you have to have it in? Ms. Capor~o: Right now my understanding is that they are intending to discuss this the first week in June. So we would need to get it down to them next week if at all possible to be included in their packets. So there probably isn’t much time. I don’t know if I will be able to get this turned around and you to be able to review" it next week. It would be very tight. Why don’t I see how quickly I can get this done and then I can call Chair Burt and find out how you want to deal with it. We can maybe put it on the agenda, just continue it, and we can discuss what was changed if in fact we decide to hear it. Chair Burt: Continue it to the May 29 meeting? That sounds good. Thank you. That concludes Item 1. Page 12 Attachment D STANFORD UNIVERSITY OPEN SPACE AND FIELD RESEARCH ZONING DISTRICT WHITE PAPER The "Summary" section below contains a bulleted summary/overview of key points regarding the development of the Stanford University Open Space / Field Research zoning district. A "Question and Answer" section addresses key questions regarding the OS/F Zoning Amendment. Key Abbreviations: CP (Stanford Community Plan, a General Plan Amendment) EIR (Environmental Impact Report) GUP (General Use Permit, the use permit that prescribes specific conditions for Stanford University land use and development activities) OS/F (Open Space and Field Research zoning district) SECTION ONE: SUMMARY Background Policy and Requirements for OS/F District 0)ecember 2000 Board of Supervisor Actions and Policy Guidelines) adopted General Plan (Stanford Community Plan) land use desi~ation of Open Space~ield Research (OS/F) for a certain Stanford lands within the Stanford foothills adopted a General Use Permit that established development (square footage) limits ~vithin the Stanford OS/F land use designation for the life of this General Use Permit (10 years) . established specific policy and implementation recommendations for development of the OS/F district (Stanford Community Plan policies) established a range of restricted allowable uses and activities for the district and, by omission, excluded uses such as residential development Governing Documents for the OS/F District ~The County General Plan (including the Stanford Community Plan) ~The Zoning Ordinance (undergoing revision) including the current draft Stanford University OS/F zoning ordinance o The 2000 Stanford University General Use Permit o Mitigation Monitoring and Reporting Pro~am (from 2000 Stanford CP/GUP EIR) Planning Office Actions Between December 2000 and November 2002 o Drafted zoning ordinance language and allowed public review and comment ~Provided opportunity for review and comment to the Stanford Community Resource Group .Reviewed and considered jurisdictional and community comments ~Revised ordinance to incorporate comments as appropriate ~Revised ordinance to make it compatible with (new format) of newly revised County Zoning Ordinance (for all County zoning districts) End of SUMMARY section. Section 2 provides "question and answer" topics. Santa Clara County Planning Office White Paper for Stanford University Open Space and Field Research Zoning District. October 30, 2002 Page 1 of 4 SECTION TWO: "QUESTION AND ANSWER" TOPICS The following general comments are paraphrased to represent questions that have been asked by community members and jurisdictions regarding the Stanford OS/F zoning ordinance. Italicized text indicates a general question and plain text indicates the County response. Whv don’t you: regulate the intensity of use and access to sites in the zoning ordinance in addition to the GUP, and/or permanently limit development to 15, 000 square feet? Intensity standards are applicable to commercial, industrial, and residential uses. The nature of allowable uses within this district is more restrictive than uses allowed within other zoning districts. The GUP is the tool through which the County has regulated development intensity. Once a total of 15,000 square feet of development is utilized, Stanford is not allowed any additional development within the OS/F district. To establish additional square footage within this district, Stanford would be required to modify or obtain a new GUP. A discretionary (public) process would be required for this to occur. (Also see ASA discussion.) The Board policy direction described in the Community Plan did not include permanent restriction of development to the 15,000 square foot limit. Access to sites will be dealt with during a building site approva! review if applicable. Many uses described would have limited Stanford or public access. If access from any County road will occur, the County Roads and Airports road standards would apply. regulate the location and size of utilities so that environmental intpacts are minimized See ASA discussion. regulate trails to lintitpaving or other intpervious surfaces and limitpaving that would increase hnpervious surface? If a trail on Stanford land is for implementation of the Countywide Trails Master Plan, the "Uniform Interjurisdictional Trail Design, Use, and Management Guidelines" will be applied by the County Parks Department. Currently, Stanford allows public use of some of its internal roads as pedestrian trails. Consistent with other County zoning districts, no standards are prescribed for these roads through the zoning ordinance. At the time of individual project review, road standards from the County Roads and Airports division are applied as appropriate. Consistent with other zoning districts, individual project review will provide for cumulative and project-specific evaluation of paving associated with building site Santa Clara County Planning Office \Vhite Paper for Stanford University Open Space and Field Research Zoning District. October 30, 2002 Page 2 of 4 approval. New paving or impervious cover would have to be consistent with allowable uses and activities within the district. provide development standards to limit discretion but allow some flexibility? Height restrictions and setbacks are generally applied to districts where more intensive development and/or residential use are allowed. Due to the restricted nature of uses within this district, it is more appropriate that limits be established subject to discretionary review of the individual project application (See ASA discussion). specifically identify the range of uses attd type of development that could occur in the district? The allowable uses are established in the Community Plan, and further clarified in the current revision of the OS/F Zoning Ordinance. Use classifications and activities are defined within the proposed OS/-F zoning amendment and/or the draft revised County Zoning Ordinance. ~ prohibit transfer of open space to other districts? The allowance for dedication of Special Conservation Area land is based on an implementation recommendation within the Open Space chapter (Chapter 5) of the CP that recommends the county "Require easements as appropriate in Special Conservation areas. Locate easements in areas which serve critical habitat needs." The protections for those areas are subject to the General Plan designations and future zoning. Staffwill include this provision within the zoning ordinance and the Planning Commission may either (a) forward the recommendation to the Board, (b) direct staffto remove this provision, or (c) request Board direction regarding this policy. provide a mechanisnt that calls for dedication of open space in exchange for development? Staff considered this and, given the limited amount of development allowed, rejected this option. It would be necessary that any open space dedication not constitute an unconstitutional taking of private property. Recognizing current development limits of 15,000 square feet, only a small amount of open space could reasonably be required of Stanford. The cumbersome and expensive process required to dedicate small increments of land would not provide a level of benefit that would justify the level of staff, Planning Commission, and Board of Supelwisor oversight required for such dedication. Staffwill report this consideration to the Planning Commission. ASA DISCUSSION o provide more oversight attd higher level (than the ASA Committee) discretionar3, review over Stanford projects ? o prescribe development standards through the zoning ordinance instead of allowing ASA establishment of standards? Santa Clara County Planning Office White Paper for Stanford University Open Space and Field Research Zoning District. October 30, 2002 Page 3 of 4 New OS/F-required ASA findings have been added to the revised ordinance. Generally, the nature of these findings requires increased attention to visual resources and environmental compatibility. Proposed development applications should also demonstrate that the proposal could not feasibly serve the same purpose with equal efficiency if located within the Academic Growth Boundary. The ASA process is the standard mechanism used according to a three-party agreement between the City of Palo Alto, Stanford University, and Santa Clara County for certain Stanford development projects. It is appropriate that this mechanism also be used within the OS/F district. The County Zoning ordinance provides required findings, and the OS~ district provides additional required findings for Stanford University proposals Required findings for ASA will guide Stanford in choosing a size and location that minimize impact to visual or environmental resources. The County intends to maintain flexibility for providing utilities that serve "other lands" if that is a local/regional solution to an identified need. model this ordinance after another open space district model, such as the City of Palo Alto model? The OS~ district is more restrictive regarding allowable uses than the Palo Alto Open Space District or other rural districts. The same setback and density standards that might be appropriate for other districts or other jurisdictions are not appropriate for the limited nature of uses allo~ved within the OS/F district. o apply the Board recontmendation that development in the foothills should be restricted to below 200feet? The Board provided, within the Growth and Development chapter of the Stanford CP, a general recommendation that future gowth and development should be encouraged to be placed below 200 feet. This "general recommendation" was not incorporated as policy guidance for the OS/F district. If it were a policy guideline, of the approximate 1843 acres contained within the OS~ district, only 188 acres (approximately 10.2% of the district -- below 200 feet) would be available for development. o incorporate the clustering model requirements of the Hillside zoning district? Within the Hillside zoning district, there is an optional (not mandatory) provision for clustering of development. This clustering concept is appropriate for residential development. Because residential development is not an allowable use for this district, the model must be adapted to a different range of uses. Staffwitl offer three options of zoning language to provide variations of this optional clustering model for Planning Commission consideration. END of White Paper Santa Clara County Planning Office \x&ite Paper for Stanford University Open Space and Field Research Zoning District. October 30, 2002 Page 4 of 4 Attachment December 2, 2002 Board of Supervisors~lanning Commission County of Santa Clara County Government Center, East Wing, 7th Floor 70 West Hedding Street San Jose, CA 95110 SUBJECT:City Council Review of Proposed Stanford Open Space/Field Research Zoning District Text This letter is to forward to the Board of Supervisors/County Planning Commission the City of Palo Alto’s comments on the County staff revisions to the proposed Stanford University Community Plan Open Space!Field Research (OS/R) Zoning District text that will be reviewed by the County Planning Commission at its December 5th meeting. Both the City’s Planning and Transportation Commission and the City Council previously commented on the zoning text last summer. The Planning and Transportation Commission discussed the revisions to the proposed zoning district text on November 20, 2002. The proposed revisions to the text were placed on the Council’s consent calendar of December 2nd. The Council unanimously supported the position endorsed by the Planning Commission after careful review and deliberation. Based on the limited changes made to the zoning text, most of the comments made in the City’s previous letters are reiterated. The City restates that the ordinance needs more structure and definition for projects that exceed the standards allowed by fight and require Architectural and Site Approval (ASA). The City recommends that specific findings are required for those projects similar to the process established in the County Hillside Zoning District for uses permitted subject to securing a special permit. As previously recommended, the City’s Open Space Zoning District could be used as a model for developing standards of review. In addition, as suggested by the Planning Commission at its recent meeting on the OS/F, the City’s Open Space Development Criteria found in the Comprehensive Plan could also be used as a model. The City developed both the standards and criteria for land that is substantially similar to the Stanford OS/R area. Attached to this letter are the pertinent sections related to the Open Space District from the City’s Zoning Ordinance Chapter 18.71 (18.71.140 Special Regulations). The pertinent regulations address geological and soils investigation, landscaping, fencing, tree removal, access, grading, and soil erosion The Open Space Development Criteria from the Palo Alto Comprehensive Plan are also attached. Specifically the zoning district should include criteria for findings that address the following: Board of Supervisors/Planning Commission County of Santa Clara December 2, 2002 Page 2 Regulate access to sites. Regulate the location, size, capacity and number of utilities to ensure minimal environmental impacts and limit the utilities to serving only Stanford University. Regulate trails and roads to either limit or prohibit paving or other impervious surfaces. Require an open space dedication for both non-clustered and clustered development and restrict the open space dedication to the OS/F district. Ensure that fences do not impede the migation of wildlife by limiting height and requiring an open design. Prohibit development above the 200 foot elevation unless sufficient justification and reasonable findings can be made through a separate penNt process involving an advertised public hearing. The City also continues to recommend that the ordinance text incorporate the General Use Permit restrictions, standards and conditions since the use permit will expire within a ten-year timeframe or can change on application by the County. When either of these occurs, the zoning should continue to dictate parameters for future entitlement and should not only be dependent on the new use permit restrictions. The City also recommends that the text also cross- reference relevant sections of the Community Plan when applicable. The City also considered the recent request by Stanford University to amend the OS/F zoning district text to allow a limited number of caretaker’s residences to oversee livestock within the zoning district. The City recommends allowing the existing caretaker’s residences only as non- conforming uses and allowing repair and maintenance if required, but not permitting any relocation or expansion of the use. The City of Palo Alto appreciates your consideration of its recommendations. The proposed zoning text is an important issue for the City since the Open Space/Field Research Zoning District is within the City’s Sphere of Influence and located in an environmentally sensitive area. The City continues to request any further revisions to the proposed text be forwarded to both our Planning Commission and City Council. Sincerely, VICTOR OJAKIAN Mayor Attachments:Policy N-7, Palo Alto Comprehensive Plan Excerpt Palo Alto Municipal Code 18.71.140 PeO~M N-6: As part of the design review process for proposed development in the Open Space zone district that exceeds 6,500 square feet, require that "story polos" be erected with outlining tape depicting the building’s location, bulk and height to aid in assessing the potential visual impacts of the proposed project. POL~Crt N-7: All development in the foothill portion of the Planning Area (i.e., above Junipero Serra Boulevard) should be consistent with the following criteria: so it is hidden from view. 2.Development should be located away from.hilltops and designed to not extend above the nearest ridge line. 3.Site and structure design should take into consideration impacts onpri- vacy and views of neighboring propertie~. and reduce fragmentation of natural habitats. 5.Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain;:ahd trees and bushes should appear nata~ral from a distance. 6.Existing trees with a circumference of 37.5 inches, measured4.5 feet above the ground level, shouldbe preserved and integrated into the site design. Existing vegetation should be retainedas much as possible. 7o Cut is encouraged when it is necessary for ge6technicaI stability- and to enable the development to blend into the natural topography. Fill is gen- erally discouraged and should neverbe distributed wi~ the driplines of existing trees. Locate development to minimize the need for grading. 8. To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses of impervious surfaces should be avoided. 9. Buildings should use naturalmaterials and earthtone or subdued colors. 10. Landscaping should be native species that require little or no irrigation. Immediately adjacent to structures, Fn:e retardant plants should be used as a fire prevention technique. 11. Exterior hghting should be low-intensity and shielded from view so it is not directly" visible from off-site. 12. Access roads shoul~be of a rural rather than urban character. (Standard curb, g-utter, and concrete sidewalk are usuallyinconsistent with the foot- hills environment.) 13.For development in unincorporated areas, ground coverage should be in general conformance with Palo Atto’s Open Space 13istriet regulations. _:rnbracing the New Centu~y (Ord. 3048 (part), 1978) 18.71.080 Maximum building coverage. The maximum impervious area and building coverage shall be 3.5 percent; provided that where a portion of a subdivision with clustered lots of less than in size contains an area rendered undevelopable by an open space restriction, the coverage which would otherwise be allotted to this undevelopable area shall transferred to those lots within the subdivision on which development willb~ in a proportiona! manner bas~ed on lot size. /" . (Ord. 3345 § 18, 1982: Ord. ~048 (part), 1978) / 18.71.090 Front yard. . Front yards sha!l be a minimum of 9.1 meters (thirty fee~. (Ord..~048 (part), 1978) 18.71.100 Side yards. Side yards shall be a minimum of 9.1 meters~fiirty feet). (Ord. 3048 (part), 1978) // 18.71.110. Rear yards. // Rear yards shal! be a minimum of 9/’i meters(thirty feet). (Ord. 3048 (part), 1978) 18.71,115 Special setbae Where applicable, setback/lines imposed by a special setback map pursuant to Chapter 20.08 of this code shal’tibe followed for the purpose of determining legal setback requirements.// (Ord. 4016 § 47, 1991). 18.71.120 Four car covered (Ord. 3048 shall be required for each dwelling unit, one of which shal! be Such spaces shall not be located in any required front or side yard. 1978) Building height limit. Buildings shall not exceed two stories, or 7.6 meters (twenty-five feet). 3048 (part), 1978) 18.71.140 Special regulations. (a) Geological Soils Investigation and Report. Al! applications for site and design approval shall be accompanied by a combined in-depth geologic and soils investigation and report prepared by a registered geologist certified by the state of California as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics. Such report shall be based on surface, subsurface, and laboratory investigations and examinations and shall fully and clearly present: (1)All pertinent data, interpretations, and evaluations; (2)The significance of the data, interpretations, and evaluations with respect to the actual development or implementation of the intended land uses, and with respect to the effect upon future geological processes both on and off the site; (3) Recommendations for any additional investigations that should be made. All costs and expenses incurred as a result of the requirements of this section, including the costs and expense of an independent review of the material submitted under this chapter by qualified persons retained by the city, shall be borne by the applicant. This requirement may be waived by the city engineer for structures in Group M occupancy, as defined in the Uniform Building Code, accessory facilities and landscaping where such improvements, in his opinion, would pose no potential hazard to life or property on the subject or surrounding properties. (b) Landscaping. The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed in this chapter through the site and design approval procedure. Reduction or elimination of fire hazards will be required where heavy concentrations of fiammable vegetation occur. Landscaping as may be necessary and required shall be consistent with the purpose of this chapter. (c) Fencing Restriction. No barbed wire, or similar fencing having a cutting edge, may be installed except: (1) To protect a vegetative community or wildlife habitat until it is fully established, subject to the imposition of reasonable time limits through site and design review pursuant to Chapter 18.82; and (2) To enclose utility facilities, including, but not limited to, water or sewage pumps, storage tanks, and wells. (d) Tree Removal. Removal of live trees shall be permitted as provided in Title 8. (e) Access to Remote Areas. Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or motorcycles or other wheeled vehicles shall not be developed except upon the securing of site and design approval. No such approval shall be granted except upon finding that the purpose for which the roads, tracks, driveways, trails, or runways are proposed is essential for the establishment or maintenance of a use which is expressly permitted in this chapter and that the design and location of the proposed roads, tracks, driveways, trails, or runways will be compatible with the terrain. The use of all roads, tracks, driveways, trails, or runways existing at the time of the adoption of this chapter which are nonconforming or have been established without proper approvals shall be terminated and shall be returned to natural terrain unless given approval in accordance with the regulations set forth in this chapter. (f) Grading. No grading for which a grading permit is required shall be authorized except upon the securing of site and design approval. No such approval shall be granted except upon a finding that the purpose for which the grading is proposed is essential for the establishment or maintenance of a use which is expressly permitted in this chapter and that the design, scope, and location of the grading proposed will be compatible with adjacent areas and will result in the least disturbance of the terrain and natural land features. All grading for which no permits or approvals are required shal! be subject to the provisions set forth in this chapter. (g) Soil Erosion and Land Management. No site and design plan shall be approved unless it includes soil erosion and sediment contro! measures in accordance with any adopted procedures, technical standards, and specifications of the planning commission. No approval will be granted unless all needed erosion control measures have been completed or substantially provided for in accordance with said standards and specifications. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of said standards and specifications. (h) Subdivision. All divisions of land into four or more parcels shall be designed on the cluster principle and shall be designed to minimize roads; to minimize cut, fill, and grading operations; to locate development in less rather than more conspicuous areas; and to achieve the propose of this chapter. (i) Substandard Lots. Any parcel of land not meeting the area or dimension requirements of this chapter is a lawful building site if such parcel was a lawTul building site on July 5, 1972. All other requirements of this chapter shall apply to any such parcel. (Ord. 3583 §§ !4, 15, 1984; Ord. 3340 § 4, 1982; Ord. 3048 (part), 1978) ’Chapter 18.72 AC AGRICULTURAL CONSERVATION DISTRICT REGULATIONS Sections: 18.72.010 Specific purposes. 18.72.020 Applicability of regulations. 18.72.030 Permitted uses. 18.72.040 Conditional uses. 18.72.050 Site development relations. 18.72.060 Parking and loa~g. 18.72.070 Specia~@~ments. 18.72.010 Specific p)~poses. The AC a~~o ermit agricultural.and compatible us~~on essentially in its natur@ (O~art), 19_7_8) .72.020 Applicability of regulations. STANFORD UNIVERSITY U.,NIVE].~!TY ARCHITECT,, PL-~’<NEq~; OFFICE Attachment C November 5, 2002 Dennis Chiu, Chair and Plamaing Commissioners Cotmty of Santa Clara CounD~ Gover, maent Center 70 West Hedding Sn-eet San Jose, CA 95110 RE: S{’.omford UniversiD Open Space/Field Research District Dear Commissioners: This letter describes onr concerns regarding the st.:f-recommended version of the Open Space/Field Researcti District zoning regulations (Option 3 of 3). A slgnificm~t pmtion Of Stanford lands will be governed by these regulations. However, an extremely limited amount of development is pertained within this area. It is therefore important that Stanford retain the ability tO manage tt~is area to the fullest reasonable extent within the framework established by the Stanford University CommuniU Plan. We appreciate the opportunity" we had to meet and discuss these regulations with Ms. Draper and Planning O~ce staff2 As a result of that meeting, many of our prexdous concerns with the regulations have been resolved. However, a few outstanding issues remain. 1.Specialized facilities a**d installations. The Stanford University Community Plan, Policy LU 26, adopted by the Board of Supervisors, establishes allowable uses within the Open Space and Field Resem-ch designation. Those uses include: [S]pecialized tScilities o~qd installations tha~ by their nature require a remote or natural setting, such as astronomica! or other antennae installations or suucmres accessory to field study activities The proposed OSiF Dis)flct regulations add the lbllowing Jm~guage to those uses: "Such stn~ctures or ~hcilities shall require isolation [rom sources of interference (such as noise; vibration, etecuomagnetic fidds, or similar impediments).’: This language is more restrictive than that approved by the Board. Implementation reco~mnendation LU(i)4 requires the County to enact "kppropriate zoning consistent with the allowable uses and development policies" of the OS,CF designation. The language added by these zo~ng regulations is not consistent with the allowable uses in the Communi*,y Plan. For exampte, a specialized facilib, might consist of a biological observation snueture tha, requires a remote or natural se~ting to evaluate the behavior of a pa’ticular species residing in the foothills environment. That su’ucture does ~mt require isolation Kom any particular sources of interference other than concentrated development; it wouId be allowed under the Conm~unib’ Ptan, but not trader the OSiF regulations for Specialized facilities as currently drafted. At a meeting wi’th Counb~ Counsel ~d Planning Staff on November 5, 2002, Stanford representatives ~ere told that such facilities wou~d be consi&red structures a~citla~ ~o the allowed Field Stu~{>, use as indicaged in Iable 2. 50-7 and t!~e clar{~,ing note #7, and tht~ ailowed in the OSiF subject to ASA. Recommendation: No change to current language assuming that the Ph’mnh~g Cmrmfission concurs wi~h stafYs’ ~terpretation. 2.Operator,)"oreman residence.for the protection of animals. The OS!F regulations Mlow agriculture as a maImr of fight. The deh_ni*ion of agnicMmre includes the rNsing of animals, livestock farming~ grazi.{~ and ranching. Ag zones gaditionally have allm-ved residences associated wi,d~ the a~icuilt~rai operations. Stanford has severa! lessees of lmad within the OSfF designation that keep an~ats. In order m provide reasonable safety for ~ese animals, it is necessaD’ ~at either the lessee or an employee live on the property’. Such a presence also deters vandaiis~n and other mischief common with unoccupied land. AgTcicultura! accessmT structures and uses are permilted as a matter of right in the OS!F Dis~ct, including those structm’es and uses ancillaw to and supporting onsite ag~q_cultm’al operations] Ahhough a dwelling for the lessee or an employee undotFotedly would suppor~ onsite agricultural operations, incIuding those involving mgrna!s, it is not clear that this type of structure would be considered an accessory,’ structure and use. On Novcmber 5, 2002, County staff agreed that dwellings %r operators or caretakers were desirable and necessaU for security purposes and has proposed that a limited number of caretakers residences be allowed subject to ASA and a demonsn’aied need. ~ Under the OSiF District regulations, all structures m~cillary to any allowed use or activi> are subject, to tb, e ASA process. Recommendation: Include as an ASA permitted use ~’Caretakers Residence!’ defined as "a dwelIing occupied by a person(s) whose primary job is caring for arNnals or livestock or property used for any pertained use." 3.Domestic AMmats. Domestic animals are inteuat to mmU of Stan%rd’s agricultural leases, where they act as wor~ng animals. Dogs act as security and help round up other grazing animals. Cats help manage rodent populations. ~ad several lessees cm-e for horses, tt is inconsistent m allow agricultural uses in the OS/F District, yet not allow domestic animals when they participate to such a large degree in ag~cultural life. In our discussions with staf*; we were ~sured that animals kept on a~icuttura! leases as integra! components of {he agricultural acfivib’ (e,g. ~azing horses, herd~g dogs) would be considered as part. of the allowed agriculmrN use and not as domestic animals. Recommendation: No change to current language assuming that the Plamaing Commission concurs wi~h staffs’ interpretation. 4.New parcel c~eation. In all -20s combining districts, the creation of new parcels is regulated by a slope density formt~la, which resutts in a range of potential parcel sizes fi’om 20-160 acres. These pm-cel sizes may be waived through the approval of a cluster permit, ha OS!F District Option l, Stanford must adhere to the slope density formula used in -20s comNnhag districts, and obtain a cluster permit to waive the parcel size resulting from application of that slope density formula. In staff-reconmaended Option 3, however, Stanford must obtain a cluster permit to establish a lot size of iess than !60 acres. This policy runs counter to the County’s desire to cluster development. It ensures only that structm’es wilt be spread sporadically tba’oughout the OS,q2 District on large, 160~acre parcels. Instead, Option I still would require S~anford to create parcels of a substantial size, yet would enable Stanford to locate new structures somewhat closer to existing structures per the required ASA clustering finding. Recommendation: Adopt the new pm’cel creation policy established ha Option 1. 5.Man datoO, ASA finding regarding mitigation measures. The ASA Commiuee is required to make the fo!lowing ?mding under fl~.e new OS/F regulations: Project desi~a and location afi~rd reasonable protection to environmental resources. ~/necessc~o’. m:[~gc~[~c)~ mffasz~es ~,~ ~. sign~fk’an~ levels, This finding ~eady limits the County’s discretion with regm’ds to project approvals. Under CEQA, an agency must incorporate, h~,o a project all. feasibte mitigation measm’es and project alternatives, which will avoid or substantially lessen significant effects of the project, tf signitfcan~ effects remain axC~er al! feasible mitigation measures and alternatives have been incorporated into fine project, the agency still may appmYe the project if it finds that specific economic, legal, socia!, tectmologicat or other benefits of the project ou’~weigh its unavoidable adverse envh, oamenta! effects. The efi~ct of the proposed ASA finding would be to prevent the Commission or the Board from approving a project with unavoidable si~ificm~i hnpacts, even if it found ~at there were compelling reasons to do so. In CEQA, the Le~slatu~e expressly reserved to ~e CounD~ ~e autihority and discretion to approve such a project if it adopts a statement of oven~iding considerations explainhn_g wh?." the benefits of the project outweigh its adverse environmental effects. The County should not surrender its discretion to make ttaese decisions after balancing the competing considerations in favor of a rigdd rute that woMd apply to no other govenv-nental entry in the State. Recommendation: Replace the italicized por5on of the ASA finding above wida ~he fc~l!owing words added to the end oft he first sentence: "and the requirements ofCEQA haYe been satisfied." Tha~ you for ta-~ng ~e rime to consider Stanford’s concerns regarding the O S/!: Dis~ict zoning regulations. Sincere];;. DaYid J. Ne,~m~an Universi~~ Architect,/Associate Vice Provost co:Arm Draper Tim He~ngton Michele Napier Debra Zumwalt