1987-183-Approving The Agreement Between The Town And County Of Santa ClaraRESOLUTION NO. 1987 -183
RESOLUTION APPROVING DIE AGREEMENT BETWEEN
TOWN OF LOS GATOS AND COUNTY OF SANTA CLARA
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into an agreement with the
County of Santa Clara (a copy of which is attached hereto) regarding the
administration and enforcement of sections 45 -10(c) and (d) of the Zoning Ordinance
of the County of Santa Clara, and that the Mayor is authorized, and is hereby
directed, to execute said agreement in the name and in behalf of the TOWN OF LOS
GATOS.
regular
PASSED AND ADOPTED at a continued meeting of the Town Council of the Town
of Los Gatos held on 26 day of October 1987 by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, and
Vice -Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS Robert L. Hamilton
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS None
COUNCIL MEMBERS Mayor Brent N. Ventura
SIGNED:
DEPVTYZLERTOh HE ' TOW OS A 01 S
PLNOI:JOINTPOWR
Y
AGREEMENT COPY
THIS IS AN AGREEMENT between the TOWN OF LOS GATOS,
hereinafter referred to as "Town," and the COUNTY OF SANTA CLARA.
hereinafter referred to as "County," regarding the administration
and enforcement of sections 45 -10(c) and (d) of the Zoning Ordinance
of the County of Santa Clara.
Town and County are parties to a joint specific plan that
addresses development policies of the two jurisdictions in the Los
Gatos Hillside Specific Plan Area to promote harmony between
development and the natural environment.
Town is concerned about development in the hillsides and
has enacted ordinances which require the preservation of large trees
and assure that landscaping requirements are maintained for a period
of two years through maintenance agreements.
In accordance with the goals and policies for this area,
County has recently adopted an ordinance which provides for tree
preservation and landscape maintenance agreements in the specific
plan area.
Town will benefit from the consistent application and
enforcement of these ordinances in the Town, the Town's urban
service area, and the specific plan area.
In order to promote this consistency, it is hereby agreed
that Town is empowered to act as agent and attorney for the County
in administering and enforcing sections 45 -10(c) and (d) of the
Zoning Ordinance of the County of Santa Clara. Town shall have all
the powers of the County to administer and enforce these provisions
in a civil or criminal proceeding including citation power.
Town agrees to indemnify, defend and hold harmless County,
its officers, agent, and employees from any and all loss, injury,
damage, claims, demands, suits or judgments including the cost of
defense thereof, arising from any act or omission pursuant to this
agreement.
This agreement shall remain in full force and effect unless
and until either party gives thirty (30) days written notice to the
other party that this agreement shall be terminated.
DATED: Jut 21 1987
ATTEST: Donald M. Rains, Clerk
Board of Supervisors
APFR-DVED pe6 _TO FO M, AND LEGALITY:
V.
SUSAN G. LEV8NBERG 4/8/87
Deputy County Counsel
ATTEST: Clerk
APPROVED AS TO FORM AND LEGALITY:
SGL /dn
22261/3 -4
- 2 -
COUNTY OF SANTA CLARA
Chairperson
Board of Supervisors
DIANNE McKENNA
TOWN OF LOS GATOS
By: -
&Adot HREn17- Al tlear ga
A.S 1200.213
AN ORDINANCE TO AMEND SECTIONS 14- 3.(e), and 37 -11.2 AND ADD
SECTION 45 -10 TO THE ZONING ORDINANCE OF THE
COUNTY OF SANTA CLARA RELATING TO THE LOS GATOS
HILLSIDE SPECIFIC PLAN
SUMMARY
This amendment prohibits secondary dwelling units, requires
landscape maintenance agreements and establishes a tree removal
policy for the area within the Los Gatos Hillside Specific Plan
which requires Design Review and is in the "A" Exclusive
Agricultural or "HS" Hillside Zoning Districts.
The Board of Supervisors of the County of Santa Clara do
ordain as follows:
SECTION 1. Section 14- 3.2(e) of the Zoning Ordinance is
amended to read:
(e) Second dwelling units, provided the unit is
located within the principal structure and subject to
the same restrictions as the principal structure,
however no new second dwelling unit is allowed in the
Los Gatos Hillside Specific Plan Area.
SECTION 2. Section 37 -11.2 of the Zoning Ordinance is amended
to read:
37 -11.2: Application.
Secondary dwellings of not more than eight hundred
(800) square feet of floor area shall be permitted
within any "R", except in the Los Gatos Specific Plan
Area which requires design review, "OA," "A1". "S ",
"SS ", and "H" (Historical Conservation) zoning
districts as a matter of right pursuant to section
37 -11.3, and may be permitted in the above zoning
districts upon securing a special permit pursuant to
section 37 -11.4. Such secondary dwellings are not
subject to the development standards of section 5 -5,
6 -7, 7 -9 or 35 -5 of this ordinance.
SECTION 3. Section 45 -10 is added to read:
Sec. 45 -10. Los Gatos Hillside Specific Plan Area. The
following provisions shall apply to all property within the Los
Gatos Hillside Specific Plan Area:
(a) New secondary units are prohibited.
(b) Bed and Breakfast Inns are prohibited except as
provided for in Sections 4- 3.2(a) and 14- 3.2(b).
(c) Live trees with a trunk circumference of 37.5
inches or more, measured 4.5 feet above ground, shall
not be removed without prior approval of the Town of
Los Gatos, except if there is a pending application for
use pursuant to this article.
(d) All new development applications which include
landscaping plans shall also include a separate
two -year maintenance agreement which shall be
administered and enforced by the Town of Los Gatos.
This is in addition to any other agreement(s) that may
be required by the County.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Santa Clara, State of California on L 21 1997 by the
following vote:
AYES: Supervisors QIRIDON. LEGAN, t_OFGREN, MCKENNA, WILSON
NOES: Supervisors NONE
ABSENT: Supervisors NONE;
Chairperson
Board of Supervisors
DIANN12 MCKENNA
ATTEST: Donald M. Rains, Clerk
Board of.-SuDeTvizors
APPROVED AS TO FORM AND LEGALITY:
Susan G. Lev nberq 4/20/8
Deputy County Counsel
SGL:dn
22261/1 -2