BOS .A.g1?nda D:~te :October 18, 20Gf.f

County of Santa Clara
Department of Planning and Development

Planning Office

PLN02 l O1805
Prepared by: Bill Shoe
Principal Planner
Reviewed by: Michael Lopez
Interim Planning Director
DATE:

October 18, 2005

TO:

Board of Supervisors

FROM:

5ld- ,1crJJ.e.._Q.e r~~,@
Jody Hall Esser
Interim Director of Planning and Development

SUBJECT: Viewshed Protection Work Plan Schedule, 2005-06

RECOMMENDED ACTION

Accept report regarding outline of activities and schedule for completion Viewshed Protection
work plan item, 2005-2006.
FISCAL IlVIPLICATIONS

There are no immediate fiscal impacts to the General Fund as a result of accepting this report.
However, the work effort described in the attached schedule of activities will involve the

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808 Agenda Date :October 18, 2005

identification of projected budget impacts and funding necessary to implement potential
Viewshed Protection measures under considertion by the Board of Supervisors during 2006,
prior to adoption of the FY 2007 budget.

CONTRACT HISTORY
Not Applicable.

REASONS FOR RECOMMENDATION
1. At its August 31, 2005 Land Use Workshop, the Board of Supervisors accepted the
Viewshed Report Addendum of August 31, 2005 and directed staff to commence work
necessary to implement the preliminary recommendations contained within the Viewshed
Report of April 19, 2005 and the August 31, 2005 Addendum.

2. The Board further directed that staff provide a report within 45 days (no later than October
18, 2005) providing an outline of activities and schedule for the work effort authorized at the
Land Use Workshop. The Board specifically requested the work plan schedule facilitate the
completion of the major components of the study by Spring 2006 so as to allow for full
consideration of future staffing and resources needed for implementation during the 2007
fiscal year's budget process.
3. The draft schedule prepared for the Board's consideration focuses on those aspects of
implementation which will have the most immediate and direct fiscal implications, such as the
recommendations for applying 11 Design Review" zoning for viewshed protection on a more
universal basis throughout the Santa Clara County viewshed.

BACKGROUND
The Board of Supervisors held a Land Use workshop on August 31, 2005 to discuss reports
dated April 19, 2005 and August 31, 2005 on the subject ofViewshed Protection. The
Viewshed Protection study is one of a number of highest priority work efforts identified in the
Planning Office's work plan. The Board discussed the preliminary recommendations, accepted

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808 Agenda D:ate :October ·18, 2005

the Viewshed Report Addendum, received public testimony, and gave direction to staff to
proceed with the work effort necessary to bring draft policies, ordinances, procedures, and
guidelines to the Board for consideration prior to budget adoption in 2006.
The Board of Supervisors specifically requested that the work effort and schedule for adoption
of any further Viewshed Protection measures be completed in a time frame that would allow
for consideration of additional staffing or other resource needs prior to the completion of the
2006/07 Fiscal Year budget, rather than after June 2006 budget hearings. To respond to that
request, projected staffing and other resource needs would need to be identified as early as
possible in calendar year 2006 for inclusion in proposed FY 07 budget documents for the
Department of Planning and Development.
Based on mapping done to date, staff can identify the extent to which new Design Review
Zoning Districts or other regulations for viewshed protection that are under consideration
might apply. Using historical Zoning Administration application records for areas presently
subject to Design Review Zoning, and the Planning Office's Geographic Information System
(GIS) mapping and analysis capabilities, staff should be able to project staff and other
resource needs to implement a range of possible protection measures the Board will have for
consideration. Consequently, these projections can be included in draft budget proposals as
"placeholder" requests in advance of the estimated completion of any public hearing and
adoption processes. Then, during the Fiscal Year 2007, when final policies, ordinances, and
procedures are approved by the Board, previously appropriated funds could be applied
according to the range of staffing and resource estimates provided.
The primary focus of the preliminary recommendations accepted by the Board at its August
2005 Land Use Workshop have to do with possible new regulations for Design Review within
the full viewshed area of Santa Clara County. There were also recommendations relating to
countywide growth management policies and to open space acquisition agencies' coordination
and future funding. However, in order to meet an expedited schedule for the work effort
needed to bring draft policies, ordinances, procedures, and guidelines to the Board at the
earliest possible time in 2006, staff will need to focus primarily on the Design Review
component and related activities. The subjects of other preliminary recommendations would
then be pursued more fully following completion of the Design Review component of the
work effort, most likely in late 2006 or early 2007.

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BOS Agenda Date :October 18. 2005

One of the most difficult aspects of the work effort will be to accurately predict the amount of
time that may be required for public outreach, meetings, and follow-up. In each of tfie two
most recent County endeavors to enact the "-dl" and "-d2" Design Review Zoning Districts,
the demand for public meetings and discussion opportunities was much more extensive than
anticipated. Public hearings were also prolonged due to continuances to request additional
study, evaluation of options, and allow public participation. As a result, each of these work
efforts extended well beyond the projected schedule for completion. To help ensure that the
work effort for Viewshed Protection can be successfully completed in calendar year 2006,
staff has proposed, ap.d asks the Board to support, an initial public outreach effort for early
:·.~::.:~:~:::2006 that is comprised of several community meetings, the development of an adequate ·
·•· ·website, and.plans for obtaining public input via email, among other aspects of public notice
and outreach.

CONSEQUENCES OF NEGATIYE ACTION
If the Board of Supervisors does not accept this report containing a draft schedule and outline
of activities for implementing the preliminary recommendations of the Viewshed Report and
Addendum approved April 19, 2005 and August 31, 2005, a modified report and schedule will
need to be prepared and submitted to the Board for its consideration in order for work to
proceed on this work plan item.

STEPS FOLLOWING APPROVAL
The Clerk of the Board will provide documentation of the Board's action for the Planning
Office's records.

ATTACHMENTS

•
• Draft Viewshed Work Plan Schedule 2005-06

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Coun~1 Executive: Peter l<utras .Jr

4

Draft Santa Clara County Viewshed Work Plan Schedule, 2005-2006
Attivities
Descri:ptiQn
Additional
• Prepare more detailed maps.
Mapping Analysis • Identify all potentially affected parcels, by
analysis region and valley floor proximity.
Mapping
analysis for major ridgelines .
•
Identify
and
address any other relevant
•
mapping and analysis needs.
Develop Website
• Create webpage within Planning Office
information
website.
Post
reports and status information for public.
•
Develop
mail lists and email information.
Develop
•
stakeholder and
• Limited number of meetings with stakeholders.
property owner
contact lists
Develop staffing
• Obtain historical DR Zoning District
& other resource
development application information.
needs for
• Project percent increase in area potentially
subject to DR (primary viewshed, secondary
implementation
viewshed, other areas of importance, due to
sensitivity to development impacts).
Project
future staff needs, GIS Services needs,
•
etc.
Develop draft
• Develop draft General Plan policies .
policies,
• Develop draft Design Review Zoning
ordinances,etc.
Districts/ Ordinances for Viewshed Protection.
Develop
revised Guidelines/ Illustrations
•
Other
work
products as identified in
•
recommendations.
• Consult with cities and other jurisdictions
about "model" ordinances/ policies used as
basis for proposals.
• Consider and develop proposals for
simplifying Design Review statutory and
discretionary exemptions per Zoning
Ordinance, enacting landscaping standards,
retaining wall height regulations, and
clarifying/ simplifying floor area definition.
[NOTE: these are desirable candidate topics for
interim development standards to be enacted
pending final adoption of viewshed protection
measures].
Project staffing
Develop
projected staffing needs based on
•
and other
alternative outcomes of potential new policies
resource needs
and ordinances.
• Develop other projected resource needs .

Viewshed Schedule 05-06.doc

Time Period
Dec. 31, 2005

Dec. 31, 2005
Dec. 31, 2005

Dec. 31, 2005

March 31, 2006

Dec. 31, 2005

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Activities

Environmental
Assessment
(CEQA)
Conduct initial
public outreach
meetings
Incorporate public
input into reports
Public review and
hearings

. D.e:,cri;ptipn

•

•

•
•
•
•

•
•
•
Post-Adoption
Follow-up

•

Scope nature and extent of CEQA review and
documentation.
Prepare preliminary environmental
assessments.
Hold approximately three initial community
outreach meetings (West Valley, East Hills, and
South County).
Informal meetings with key stakeholders .
Provide reports to decision-makers regarding
outreach and public comment.
Determine realistic schedule for HLUET,
Planning Commission, Board of Supervisors
public hearings.
Develop staff reports, transmittals, CEQA
documents, presentations, mapping exhibits,
other materials as needed.
Determine possible ordinance enactment
alternatives (e.g.: interim ordinance to be finetuned following a certain period of
implementation, or standard ordinance).
Conduct public hearing process and adopt
policies, ordinances, guidelines.
Following adoption of Viewshed Protection
measures ultimately decided upon, provide
information on County website, Public Service
Counter handouts, and mailings informing
public of changes to policies and/ or
regulations that are adopted.

Time Period

Dec. 31, 2005
March 1, 2006

March 1, 2006

March 1, 2006
March 1, 2006
June 30, 2006
to
Sept.30,2006

Sept. 31, 2006
to Dec. 31,
2006

Note: Quarterly status reports (off-agenda) to the Board of Supervisors December, 2005;
March 2005, June, 2006, etc.

Viewshed Schedule 05-06.doc

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