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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