Coxanty of Santa Clara
'ounty Planning Office
County Government Center, East Wing, 1 ' Floor
70 West Hedding Street

San Jose, California 95110-1705
(408) 299-5770
www.scoplanning.orq

FAX (408) 288-9198

Use of a Program Environmental Impact Report(EIR)
Santa Clara County General Plan EIR
APN(s)

Date

8630-00-Q0-03CP-06GP-06Z

Various

August 2, 2006

Project Name

Project Type

Viewshe(i Protection Study and General Plan / Zoning

Policy / Ordinances

File Number

Ordinance Amendments
Owner

Applicant

N/A

County of Santa Clara

Project Location
Various / County wide

ProjectDescription

Viewshed Protection Study & General Plan / Zoning Ordinance Modifications:

1) A General Plan amendment(GPA) to the Growth & Development Chapter, Rural Unincorporated

Areas Issues & Policies, to include background context and policies for the use of design review, for
and ridgeline areas;
grading, and policies concerning development on steep slopes
2) Zoning Ordinance text amendments to Ch. 5.50, Design Review, Ch. 3.20, Design Review
Combining Districts, and Ch. 1.30 Definitions, to effectuate new regulations for viewshed
preservation;
,
3) Zone change to apply -dl. Design Review zoning to lands within the primary viewshed areas,
those most immediately visible from the valley floor, including the first ridge or areas approximately
1-2 miles distant from the edge of the valley flooin
Background and Summary of Findings

Per the California Environmental Quality Act(CEQA)of 1970 (as amended), all discretionary actions by the

Board of Supervisors that result in a change in the physical environment are subject to environmental review.
A new Negative Declaration or EIR is not required if a previous CEQA document has been prepared and
adopted or certified which adequately address all the possible environmental impacts of the proposed project

and either(a) no substantial changes are proposed in the project which will result in new significant
environmental effects,(b) no substantial changes have occurred with respect to the circumstances under which

the project is undertaken which will result in the identification of new significant impacts, or (c) new

information is available which shows that the project will have new significant impacts or mitigation measures

and alternatives which were previously found to be infeasible would now in fact be feasible(CEQA
Guidelines 15 162).

The project described above has been evaluated for possible environmental impacts and consistency with
previously certified Program Environmental Impact Report described below. The Planning Office has

the

determined that none of the circumstances described above have occurred which would require additional
environmental review. As such, the environmental impacts of the project have been adequately evaluated
the Santa Clara County General Plan EIR, which was certified by the Board of Supervisors on December
20, 1994 and that no further environmental review is required under the California Environmental Quality Act,
m

Board of Supervisors: Blanca Alvarado, Donald F. Gage, Pete McHugh..lames T. Beall .Ir., Li/. Kni.ss
ComUy Executive: Pete Kutras. Jr.
Attachment 1

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Rationale reearding Use of Prior CEQA

/ Zoning Ordinance Modifications will
The Viewshed Protection Study and General Plan Amendments
the visual and environmental impacts f'om the

establish policies and ordinances directed at minimizingare visible from the Santa Clara Valley floor
development of hillside areas, particularly those which
(Viewshed), This includes the adoption of General Plan policies intended to reduce the visibility of new ^
grading and terrain alteration Associated Zoni ,
development, reduce impacts to steep slopes, and minimizes will
effectuate these general plan policies and
Ordinance amendments and changes in zoning designations
within the Viewshed.
establish a design review overlay district for properties

Zoning
These policies and ordinance modifications are in furtherance of existing General Plan policies and

of hillside development areas within the
Ordinance regulations intended to minimize the visual impacts
environmental
impacts as their mam intent is to limit
Viewshed They are not expected to result in any new
development.
As these policies and associated
environmental impacts which could result from hillsidewithin hillside areas
but only estab ish permi processes
ordinance modifications do not prohibit development
with directing development activity into
and findings they could not result in any indirect impacts associated
other areas.

Plan Amendments / Zoning Ordinance are
In summary as the Viewshed Protection Study and General
not have new environmental impacts that were not

consistent with the 1994 County General Plan and will

additional
already evaluated the Program EIR which was prepared for it, no

environmental review is

necessary.

Approved by:
Rob Eastwood, Senior Planner, AICP
Signature

Date

Beard or .Supervisors: Blanca Alvarado, Donald F. Gage, Pete McHugh. James T. Beall Jr.. Liz Kniss
('ounl)' FAcculive: Pete Kutras. Ir.