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New zoning limits help the push for annexation
County adopts stringent FAR rules for unincorporated areas
By GEORGE MOORE
The Garden Gate community received a major boost in its quest for annexation into Cupertino last week when Santa Clara County released its proposed zoning ordinance. The revised ordinance focuses on the allowable floor area ratio percentage of a home based on the size of its lot.
Don Weden, the principal planner for Santa Clara County, said there is a perception by some people that the county's development standards were not as stringent as Cupertino's, and it was a disincentive for annexation.
"We wanted to eliminate that disincentive and encourage people to annex," Weden said. "If our development standards are a reason for people to want to stay with the county, we want to change them so it is a non-issue."
Weden said, prior to about three years ago, the county did not have any FAR standards for the unincorporated areas of Cupertino, and it became an issue when the city was trying to annex the Rancho Rinconada area--the city had a limit on house size, but the county did not.
The board at that time adopted a FAR and amended its zoning ordinance for both the Rancho Rinconada and the Garden Gate communities. The county realizes this becomes a moot point if Garden Gate is annexed per the Nov. 6 election. The county is slated to vote on the new ordinance at a Dec. 4 meeting.
"That's part of the reason why we didn't try to move things ahead faster, because the new ordinance would be irrelevant if the area's annexed," Weden said.
If the area is not annexed, the county will hold public hearings on the ordinance that would reduce the allowable size of new homes. Weden could not say definitively whether the board will adopt it but thinks there is a high probability that it will.
The FAR under county standards would drop from 45 to 35 percent for both one- and two-story homes. This would mean the maximum size of a home built on a 10,000-square-foot lot would be reduced from 4,500 to 3,500 square feet. Cupertino standards allow a 45 percent FAR for one-story homes, a 35 percent FAR without design approval for two-story homes, and a 45 percent FAR with design approval. By Cupertino standards (with design approval), larger homes can be built in the Garden Gate neighborhood.
Colin Jung, senior planner for the city of Cupertino, said the county came up with the 35 percent FAR because they do not want to perform design reviews.
"The question remains whether the county is serious about doing that or not," Jung said.
But Jung said he thinks the county supervisors are committed to the program of reducing the number of pockets, because it is inefficient for the county to serve so few people scattered over such a large area.
Jung said the county would be creating a development incentive for county residents to annex themselves to the city, should the election fail.
"If someone wanted to build a home with a higher than 35 percent FAR, they would not be able to do so once the county adopts the new regulations," Jung said.
He said it may be difficult for an individual lot to be annexed, especially in the center of Garden Gate, because the city would have to annex all intervening streets to get to that particular lot.
Jung said there is very little traffic enforcement in the unincorporated areas. Responsibilities by state law are performed by the California Highway Patrol, and only one patrol officer is assigned for all county pockets between San Jose and Redwood City.
Other aspects of annexation for residents of the Garden Gate community include street maintenance provided by the city and the ability to vote for council members and serve on city sponsored committees and advisory boards.
Weden said the county is eager to have cities annex the remaining urban pockets that remain throughout the area from Gilroy to the Los Altos Hills.
"The city does a much more efficient job of providing urban services and at a higher level than what the county can provide," Weden said.
Residents with questions concerning annexation can contact Colin Jung at 408.777.3257 or Don Weden at 408.299.2521, ext. 234.
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Cupertino, California Since 1947
