Property owner drops plans for nursery after neighbors voice
concerns
Neighbors in the Paradise Valley community west of Morgan Hill met Wednesday with county officials and owners of a property whose development plans had become controversial.
More than 60 residents from the Paradise Valley area turned out at Machado Elementary School for an amicable, hourlong meeting about land on Oak Glen Avenue which sparked controversy when owners Paul Swing and Andy Pashby were considering opening a nursery.
On hand for the county were District One Supervisor Don Gage, Rachael Gibson, Gage’s land use policy aide, Zoning Administration Manager Carolyn Walsh and Deputy County Counsel Lizanne Reynolds.
The Oak Glen property was purchased by Swing and Pashby with the intent to build their residences, but the only problem was the property was under the Williamson Act.
Officially called the California Conservation Act, the Williamson Act, enacted in 1965, allows land owners to receive a tax break in exchange for using the land for agricultural purposes through a contract with the county.
In order to fulfill the requirement, Swing initially proposed a nursery but dropped the idea after learning that zoning restrictions would not allow such a use.
In the meantime, neighbors began to voice concerns about the nursery and associated traffic.
A meeting was set up in June where the county would meet with the neighbors, Swing and Pashby as a means to gather information and to hear concerns from the neighbors.
Following the meeting, Swing and Pashby decided to seek release from the Williamson Act, a process that requires approval from the Santa Clara County Board of Supervisors and fee paid by the property owners. The fee is 12.5 percent of the fair market value of the property determined by the county assessor.
Wednesday’s meeting was intended to inform the community about the latest decisions and the review process.
Neighbors were pleased a business will no longer be an option.
“I thank the staff and I thank Paul and Andy for choosing this path and not the other,” said a Paradise Valley resident who did not identify himself. His comments met with a round of applause and was one of the few times the crowd became loud.
Neighbors still voiced concerns about water-use issues.
“As long as they meet the fire code, they can have as many (water tanks) as they want,” Gage answered.
The other major contention brought up was the placement of the water tanks. Neighbors, who asked not to be identified, said the tanks were placed outside of the proper setbacks.
But the officials, as well as Swing and Pashby, insisted the tanks were placed properly according to county regulations.
Swing said all he wanted was a chance to build his home and he was going to follow all the county’s rules and regulations.
“We have done everything we can do to satisfy the neighborhood, it’s out of our hands now,” Swing said after the meeting. “All I want to do is to build my home.”
Pashby said he wanted to reserve comments until supervisors make their final decision.
Other than water use issues, the neighbors left the meeting pleases with how every thing has gone so far.
“It’s great the Swings and the Pashbys are getting to build their residences,” said Mike Orth, a resident of Walter Breton Drive. “They are going above and beyond to appease the neighbors.”
“I’m encouraged,” Lilac Lane resident Mike Cormany said after the meeting. “It appears like we have both parties who want to build houses and not have a nursery.”
Cormany was concerned, however, about the potential water use on the property. During the meeting, he brought up his concerns about the number of water tanks and usage to the county officials.
“We have a shortage of water in the area,” Cormany said. “He could use 40,000 gallons of water per day without anyone knowing it.”
Reynolds said the only regulations governing water tanks are residents must be able to pump 2.5 gallons per minute for fire suppression and sanitation. Also, tanks with more than a 5,000-gallon capacity must have a foundation.
At the end of the meeting, Gage pledged he would go to the board of supervisors and work to get the Williamson Act contract canceled.
“I believe it shouldn’t be a problem,” Gage said. “Usually the board goes with the recommendation of the person who is over that district.”
Gage plans to bring the issue before the board in September and will hold another community meeting in October after notifying all area residents.
“As soon as we know when this will happen, we will let you know,” Gage pledged.
Dana Peak, program manager for the county, said Thursday people rarely try to get out of the Williamson act. In the nearly four years since she has worked for the planning department, only one has tried to cancel their contract and that was successfully done in May.
