Locals concerned about government control over privately-owned
land
Morgan Hill – New rules to govern residential development in the hillsides are being met with scorn from county residents who see the proposed regulations as an encroachment on their property rights.
Tuesday night, about 250 people packed a meeting in Morgan Hill to protest rules proposed by Santa Clara County planners that would add review requirements to homes built within view of the valley floor and could include a limit on home size and the types of houses built.
Residents who attended the meeting expressed a lack of trust in county planners and supervisors and said they feared the government was trying to assume too much control over privately-owned land.
“As far as I’m concerned it’s eminent domain,” said Bill Konle, a San Martin resident who’s also a member of the South County Planning Advisory Commission. “You’re devaluing property and to me, that’s eminent domain.”
As proposed, the new rules create a tiered-review and permitting system based on the size of the house to be built and its location. They’re being crafted because a series of controversial development projects, including plans for a 17,000-square-foot home in unincorporated San Jose and a proposal to shave the tops of several hills above Milpitas, have forced supervisors to make ad hoc decisions without developing a coherent strategy.
Last year, supervisors directed county planners to develop building guidelines to clarify the development process and strike a balance between property rights and an effort to preserve what remains of South Valley’s scenic character. The rules will not be presented to county supervisors for several months.
Supervisor Don Gage repeated Wednesday that he will not support limits on house sizes or a prohibition against building on ridgelines.
“I think there should be some restrictions, but I don’t want them to be prohibitive,” Gage said.
But landowners argue that new restrictions are unnecessary and are tantamount to a punishment for purchasing hillside land.
“I spent everything I got – my money, my family, my dreams – developing that property based on restrictions that were in place when I bought it,” said Tony Kingman, who lives on Finley Ridge, above Morgan Hill. “This would have a huge effect on my property values. This is all because valley floor residents don’t want to see houses on the hill?”
Environmentalists who support new hillside restrictions – and are leading a parallel campaign to put on the November ballot a measure that would essentially outlaw development on most county land – say the rules are needed to protect natural resources and prevent a catastrophe in the case of an earthquake or major fire.
“It’s really about having balance between urban areas and rural areas,” said Michele Beasley of the Greenbelt Alliance. “We have cities and towns and that’s where development should occur.”
The voter initiative is separate from the proposed county rules. Supporters have until May to submit 36,000 valid signatures of county voters for the measure to qualify for the November ballot. Beasley said the campaign has gathered between 15,000 and 20,000 signatures to date.
Rule Highlights
Highlights of the proposed rules for new development:
Tier 1:, for homes up to 4,500 square feet
– limited regulation relating to color and massing
Tier 2:, for homes larger than 4,500 square feet
– design review process with public hearing
– additional review of location and design
Tier 3: for larger homes
– possible limit of 9,000, 12,000, 0r 15,000 square feet
– design review with public hearing
– additional fees
– builder must demonstrate low visibility
– For more information, or to find out if your land could be affected, call the Santa Clara County Planning Office at 299-5770 or visit www.sccgov.org/portal/site/planning/.
Why You Should Care
Later this year, the county will adopt new regulations for building houses on the hillsides. The rules could affect as many as 4,000 landowners with property in view of the valley floor. The rules are not likely to apply in smaller corridors, such as along Watsonville Road.
