July 2, 2026
County of Santa Clara Planning Office
Attention: Parya Seif, Senior Planner
County Government Center
70 West Hedding, 7th Floor, East Wing
San Jose CA 95110
E-mail: parya.seif@pln.sccgov.org
Re: Scoping comments in response to Notice of Preparation for 1515 Half Road File Number: PLN24-154-SB330
Dear Ms. Seif,
This represents the comments of [organizations] in response to the Notice of Preparation (NOP) for the Mariani Ranch project at 1515 Half Road (File Number: PLN24-154-SB330).
According to the NOP, the project proposes to develop 376 residences, plus recreational areas including pickleball courts. The project would remove 28 trees protected under the County’s tree protection ordinance. Infrastructure improvements include a new detention pond, a public water system, and a community onsite wastewater treatment system (effluent pump station, sludge bagging, two 200,000-gallon water tanks, and supply wells), and approximately 2.74 acres of leach fields.
The Mariani Ranch project does not have adequate water or wastewater facilities to serve the project and therefore is not entitled to the protections of the builder’s remedy.
The Housing Accountability Act, SB 330, created the “builder’s remedy,” under which a local agency shall not disapprove certain qualifying housing projects except in certain limited circumstances, one of which is:
The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
Gov. Code §65589.5(d)(4).
The Mariani Ranch project fails to meet the “adequate water or wastewater facilities to serve the project” criteria. According to the NOP and the site plans, a new water system and a new onsite wastewater treatment system are to be constructed to serve the project. As the site plans demonstrate, there are no existing water or wastewater facilities that could serve this project; the new wells, water tanks and leach fields are located in areas that today are solely orchard. Therefore, the Mariani Ranch project is not entitled to the protections of the builder’s remedy. The County should make findings accordingly and reject the project in its entirety.
With regard to the scope of the environmental analysis for the project, the following areas must be evaluated:
Agriculture
The Mariani Ranch parcel consists of prime farmland soils according to the NRCS classification. An EIR must analyze whether a project would “[c]onvert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance . . . to nonagricultural use,” and mitigate the loss of these important soils if so.
In addition, the site is currently the location of Andy’s Orchard, a productive agricultural operation since 1957 and an important community agricultural resource due to its popular farmstand and agritourism events such as tastings and tours. An EIR must analyze whether a project would involve “other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use.” Given the importance of Andy’s Orchard in the local agricultural economy, the loss of this beloved and high-profile agricultural business has the potential to affect the viability of other agricultural operations. The potential for cascading impacts of this sort on other farmland must be evaluated.
Hazards
According to the Bay Area Greenprint, the project site is located in a hydrogeologically vulnerable area (defined as “[a]reas over aquifers where soil or rock conditions enable higher rates of recharge and therefore make the aquifer more vulnerable (or susceptible) to surface contaminants.”) The EIR must analyze the potential for a significant hazard to the public or the environment through potential release from the onsite wastewater treatment system, including whether the proposed system is adequate for the number of proposed residences. For 376 residences to be serviced by an onsite septic system and leach field creates a significant risk of contamination to groundwater, which must be analyzed in the EIR.
Hydrology
The site plans contain no information as to the capacity of the aquifer to support the demands of 376 homes. The EIR must evaluate whether the project would substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the groundwater table (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). The EIR should also analyze possible impacts on groundwater dependent ecosystems in Coyote Creek.
Utilities and Service Systems
Because the project would necessitate new private water and wastewater systems, this is a critical area for the EIR to analyze. In addition to the potential risks to groundwater as mentioned above, the EIR should investigate the expected life of the proposed wells, leach fields and bioretention ponds, and question whether the project applicant has or can provide for the necessary maintenance and upgrading of these systems in future. In addition, The EIR should evaluate potential odor impacts from the proposed onsite wastewater treatment system, including sludge handling and leach fields, and identify any measures necessary to avoid nuisance odors affecting existing, nearby residents.
Nesting Birds
The EIR should evaluate the project's impacts on nesting birds associated with the active orchard, mature trees, and existing structures. Surveys should include raptors, migratory birds, and cavity-nesting species, and evaluate both direct habitat loss and construction disturbance.
Thank you for the opportunity to submit these comments.
Sincerely,
Alice Kaufman
Policy and Advocacy Director
Green Foothills
Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Bird Alliance
Victorina Arvelo
Senior Resilience Manager
Greenbelt Alliance
Katja Irvin
Guadalupe Group Conservation Chair
Sierra Club Loma Prieta Chapter