08 Staff Report - Deleting "-CS" Combing Zoning District From CountyCOUNCIL AGENDA REPORT
DATE: May 6, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 5/18/98
ITEM NO.
CONCUR WITH THE COUNTY OF SANTA CLARA'S RECOMMENDATION TO DELETE
THE "-CS" COMBINING ZONING DISTRICT FROM THE COUNTY'S ZONING
ORDINANCE
RECOMMENDATION:
Concur the County of Santa Clara's recommendation to delete the "-cs" Combining Zoning District from the County's
Zoning Ordinance.
BACKGROUND:
The "-cs" combining district was created in 1974 in an attempt to encourage pocket annexations by imposing costly
development disincentives. The "-cs" zone was applied to all properties within unincorporated areas but within the
sphere of influence of a jurisdiction. In the "-cs" zoning district, an undeveloped parcel consisting of fewer than 2.5
acres is required to secure both a use permit and building site approval to establish a residence. The intent of this zoning
has proven to be unsuccessful for Santa Clara County and its cities to promote annexations. Los Gatos is the only
jurisdiction that has this county zoning.
DISCUSSION:
The County is recommending that this zoning designation be eliminated. Of the 1,007 Tots zoned "-cs", the majority of
these lots are not subject to the development requirements established by this combining district as they were already
residentially developed at the time the ordinance was established. Only 12 of the parcels zoned "-cs" are eligible for
annexation through this zoning district. Three of these lots are unlikely to be developed because of irregularities
associated with the lots in respect to its size, location or other circumstances.
Existing County Ordinances are more comprehensive and effective in achieving annexation for the parcels currently
subject to the "-cs" combining zone. These ordinances are implemented through the General Plan
Conformance/Contiguity Annexation Statement that project applicants, within the Urban Service Area and eligible for
annexation, must submit to the County.
The table below sets forth the differences of specific types of development requiring referral to the Town for possible
annexation under the "-cs" zoning and the County ordinances.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by: ? V Attorney yj Finance Revised: 5/6/98 5:18 pm
Reformatted: 10/23/95
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MAYOR AND TOWN COUNCIL
SUBJECT:
May 6, 1998
TYPE OF DEVELOPMENT
CS
ZONE
COUNTY
ORDINANCES
New single family home on more than 2.5 acres
no
yes
New single family home on 2.5 acres or Tess
yes
yes
Tear down and rebuild of structure (fire, flood, casualty involved)
no
no
Tear down and rebuild of structure (no fire, flood casualty involved)
no
yes
Alteration or addition to existing single family home
no
no
Construction of accessory structure to existing single family home
no
no
CONCLUSION:
With the elimination of the "-cs" zone the Town will have the opportunity to annex all eligible parcels when the property
owners wish to file for the following types of County applications: Architecture and Site approval, Building Permits,
Building Site Approval, Subdivision, Use Permit and Zone Change (certain alterations, additions and cases of building
reconstruction are excepted). Therefore it is recommended that the County eliminate the "-cs"zone.
ENVIRONMENTAL ASSESSMENTS:
It has been determined that this project will not have a significant impact on the environment and a Negative Declaration
has been prepared for this proposal by the County of Santa Clara.
FISCAL IMPACT:
None
Distribution:
Hugh Graham, Central Permit Office, Santa Clara County, County Government Center, East Wing, 70 West Hedding
Street, San Jose, CA 95110
LEB:SLB:srn
N :\DE V\CNCLRPTS\CSZONE
Town Council Minutes May 18, 1998
Redevelopment Agency Los Gatos, California
AMICUS BRIEF/SAN BERNADINO EMPLOYEES/VS CITY OF FONTANA (06.01)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of San Bernadino Public
Employees Assn. v. City of Fontana, Division Two, Fourth Appellate District, at no cost to Town.
Carried unanimously. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMBINING ZONING DISTRICT DELETION FROM COUNTY ZONING ORDINANCE (08.47)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council concur with the County of
Santa Clara's recommendation to delete the "-cs" Combining Zoning District from the County's
Zoning Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
BAY AREA AIR QUALITY MANAGEMENT DISTRICT/RETURN OF GRANT FUNDS (09.28)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize return of Bay Area
Air Quality District grant monies from equipment replacement fund account 201-45025 in the
amount of $162, 580, authorize budget adjustments in fiscal impact and close the project.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMPLETION NOTICE/GREENBRIAR/TRACT 8899/RESOLUTION 1998-62 (10.09)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-62
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
GREENBRIAR SARATOGA ROAD COMPANY. TRACT 8899. THE BELLGROVE
SUBDIVISION. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
KNOWLES & CAPRI/TRAFFIC SIGNAL INSTALLATION/RESOLUTION 1998-63 (11.BX)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-63
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING ADJUSTMENT TO
1998-2003 CAPITAL IMPROVEMENT PROGRAM ALLOWING KNOWLES DRIVE AND
CAPRI DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT TO BEGIN IN 1997-98 FISCAL
YEAR. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
OAK MEADOW PARK WALL/SANTA CLARA COUNTY PARKS/RESOLUTION 1998-64 (12.23)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-64
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE SANTA CLARA
COUNTY PARKS DEPARTMENT FOR THE RESTORATION OF THE OAK MEADOW PARK
GABION WALL. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
RENTAL DISPUTE RESOLUTION SERVICES/SANTA CLARA BAR ASSOC. (13.19)
This item was removed from the agenda because staff had not finalize the agreement.
SOLID WASTE DIVERSION/AB 939/SANTA CLARA COUNTY/RESOLUTION 1998-65 (14.08)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-65
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY
OF SANTA CLARA FOR THE CONTINUED COLLECTION OF THE COUNTYWIDE AB 939
IMPLEMENTATION FEE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TC:D10:MM051898
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