HomeMy WebLinkAbout04-20-2011 SUPPLEMENTAL COUNCIL AGENDAMemo
To: City Council
From: Ann Sullivan
Date: April 20, 2011
Re: Agenda Item 9 — Review of DRAFT Joint Exercise of Powers
Agreement and Cooperation Agreement to Undertake CDBG
Activities.
Attached is a revised Joint Powers Agreement as a result of the following revisions:
RE: Guiding Principles:
rinciples:
Will be referred to but not attached to the JPA. TAC will finalize draft Guiding
Principles for approval by the HCD Advisory Committee. Principles will be reviewed
and approved by the HCD Advisory Committee for inclusion into the annual HCD RFP.
RE: Local Priorities Plan add to Definitions:
Local Priorities Plan: describes a plan that will set forth Project. Proposal evaluation
criteria to assure geographical balance and to prioritize the funding of projects the cities
have identified. The
Local Priorities Plan will be developed by the TAC and approved by the HCD Advisory
Committee to be incorporated into the Guiding Principles. The Plan will be reviewed
annually by the HCD Advisory Committee for inclusion in the annual HCD RFP.2
The Local Priorities Plan will not be attached to the JPA to allow for annual updating by
the HCD Advisory Committee.
RE: Pooling of Infrastructure Funds:
I recommend that we use the words 'capital projects2 instead of infrastructure projects to
allow for Rehab and Targeted Code Enforcement (Campbell's projects). The best place
for this would be within the Local Priorities Plan.
Board Approval— Clarification
Will revise language in all draft documents to say: "The Board of Supervisors will make
final decisions regarding all applications."
V%,K, S u LLLVa v►.
Ann Sullivan, CMC
City Clerk
Draft
Last revised: 4120120114.- 09 PM
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE
OR TO ASSIST IN THE UNDERTAKING OF
ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED,
FOR THE PERIOD OF OCTOBER 1, 2011 TO SEPTEMBER 30, 2014
This Agreement ( "Agreement ") is entered into by and between the County of Santa Clara
( "County ") and ( "City ") relating to essential community
development and housing assistance activities funded by the Federal government.
RECITALS
a. That Congress has enacted the Housing and Community Development Act of
1974, as amended;
b. That Title I of the Act provides for a program of Community Development Block
Grants;
C. That Title I of the Act makes entitlement grants available to cities with a
population of 50,000 or more persons and to counties that qualify as an Urban
County;
d. That City is not eligible to apply directly for entitlement grants under the Act but
may, by entering into a cooperation agreement with County, qualify County as an
Urban County applicant and may thereby receive such funds;
e. That the parties hereto wish to enter into this Agreement to enable the County of
Santa Clara to apply for and receive entitlement funds as an Urban County and to
establish the respective rights and obligations of the contracting parties to such
funds.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Authorities.
This Agreement is made pursuant to Section 6500 et. seq. of the California Government Code
and constitutes an exercise of powers common to both City and County, each being empowered
to carry out the purposes of the grant in their own jurisdictions.
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
This Agreement is further made pursuant to the Housing and Community Development Act of
1974, as amended.
All provisions contained in this Agreement that refer to the Housing and Community
Development Act of 1974, as amended, which provides for the distribution of CDBG funds, shall
also refer to the HOME Program under Title II (the Home Investment Partnerships Act) of the
National Affordable Housing Act of 1990, as amended.
2. Definitions.
For purposes of simplicity and clearer understanding, some of the definitions below have been
shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event
of any conflict between the definitions in this Agreement and those set forth in the Act and
Regulations, the latter shall govern.
a. "Act ": Title I of the Housing and Community Development Act of 1974, P.L. 93-
383, as amended.
b. "Applicant ": the County of Santa Clara applying as an Urban County.
C. "Regulations ": the rules and regulations of the U.S. Department of Housing and
Urban Development; particular reference is made to those regulations stated in 24
Code of Federal Regulations Part 570 (containing the general regulations of
Community Development Block Grants) and Part 58 (containing the regulations
on the Federal Environmental Review Procedures).
d. "County ": the County of Santa Clara through action by its Board of Supervisors.
"Board of Supervisors ": the County's legislative body which is the legal recipient
of the Community Development Block Grant from HUD and is legally
responsible for the administration of the Urban County HCD Program.
f. "City ": is the city or town that is a party to this Agreement; such city or town may
be referred to as a "Non- Entitlement City," that is, a city which cannot directly
apply for or receive funds through cooperation agreements with the HUD.
g. "Urban County ": a county that is (1) in a metropolitan area; (2) authorized by state
law to undertake essential community development and housing assistance
activities within its unincorporated areas, and (3) has a population of 200,000 or
more within its unincorporated areas and units of general local government (cities)
within the county with which it entered into cooperation agreements to undertake
or to assist in the undertaking of eligible activities.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
h. "Urban County Technical Advisory Committee ": HCD staff persons of the
County and cities participating in the Urban County HCD Program, chaired by the
County staff person.
i. "Application ": the application for a grant to be submitted by the County,
as an Urban County, for entitlement funds under Title I of the Act.
"HUD ": the United States Department of Housing and Urban Development.
k. "HCD ": Housing and Community Development, the Urban County's program to
address housing and community development needs of lower income persons in
the County of Santa Clara.
"CDBG ": Community Development Block Grant, a federal program administered
by HUD which provides funding to eligible entitlement Cities and Urban Counties
to address housing and community development needs of lower income persons.
m. "Grant ": the CDBG funds allocated by HUD to the County of Santa Clara as the
legal recipient of the Community Development Block Grant for the Urban County.
n. "HOME ": the HOME Investment Partnership Program, a federal program
administered by HUD to assist in addressing the affordable housing needs of
lower income persons in Santa Clara County through such means as new housing
development and construction; acquisition and rehabilitation of existing housing
units; and provision of emergency rent subsidies.
o. "HCD Advisory Committee ": an advisory committee established by the Board of
Supervisors of the County to be the policy recommending body to the Board of
Supervisors for the HCD Program. As described in the Public Participation Plan,
the 20- member body shall be composed of both elected officials and public
members from the Urban County. The County Board of Supervisors shall appoint
one member of the Board of Supervisor to serve as the chair of the HCD Advisory
Committee and one public member from each of the five County supervisorial
districts to serve on the HCD Advisory Committee. The seven participating cities
each appoint one council member and one public member to serve on the HCD
Advisory Committee. The role of the HCD Advisory Committee shall be to guide
the development of a comprehensive HCD Program, hear project proposals,
review Urban County Technical Advisory Committee recommendations, and
make recommendation to the Board of Supervisors.
P. "Public Participation Plan": the plan adopted by the Board of Supervisors of the
County which outlines the opportunities and process for citizen input on matters
pertaining to planning, monitoring, and evaluation of the Urban County HCD
projects.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
q. "Guiding Principles ": the document developed by the Technical Advisory
Committee and approved by the HCD Advisory Committee identifying roles and
guiding implementation of the HCD Program, including the establishment of local
priorities, funding categories and fair share amounts reserved for participating
jurisdictions.
"Local Priorities Plan": the plan developed by the Technical Advisory Committee
and approved by the HCD Advisory Committee setting forth Project Proposal
evaluation criteria to prioritize the funding of projects the cities have identified
and to assure geographical balance. The Local Priorities Plan will be reviewed
and approved annually by the Technical Advisory Committee for inclusion in the
annual HCD RFP.
"Project Proposals ": requests for an allocation of CDBG or HOME funds
submitted by eligible applicants to implement specific eligible CDBG or HOME
activities, as defined by HUD.
"Consolidated Plan ": describes the housing conditions and goals to address the
housing needs of lower income persons, and identifies specific housing actions to
be taken by the Urban County to address its housing needs. The Consolidated
Plan also serves as a guide for HUD in the distribution of assisted housing
resources to communities.
U. "OAH ": Office of Affordable Housing, the office established by the County of
Santa Clara Board of Supervisors to operate the County's housing programs and to
assist in the development of affordable housing for low and lower income
residents of Santa Clara County.
3. Purpose of Agreement.
This Agreement is formed to meet the requirements and purposes of the Act and Regulations
with respect to' the application for an entitlement grant pursuant to Title I of the Act and to
establish the respective rights of the parties to such grant.
The purpose of this Agreement shall be accomplished in the manner hereinafter set forth.
4. Cooperation Agreement.
a. The parties hereto agree to cooperate in undertaking, or assist in the undertaking
of essential activities as defined in the Act and Regulations thereunder for the
term of this Agreement. More specifically, the parties hereto agree to cooperate in
undertaking, or to assist in the undertaking, community renewal and lower income
housing assistance activities.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
b. City and County will take all actions within their power to assure compliance with
the Urban County's certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, including
provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil
Rights Act of 1968; Section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws and requirements of the
application and grant.
C. City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the
same requirements applicable to subrecipients, including the requirement of a
written agreement as set forth in 24 CFR 570.503. City understands and agrees
that should it fail to comply with such requirements or with the terms of this
Agreement, that funds which may be allocated to City during the effective dates of
this Agreement may be terminated, or reduced or otherwise limited in accordance
with the Act and Regulations.
d. All units of general local government participating in this Agreement understand
and agree that they may not apply for grants under the Small Cities or State CDBG
Programs from appropriations for fiscal years during the period in which they are
participating in the Urban County's CDBG Program.
e. All units of general local government (i.e. Cities and the County) participating in
this Agreement understand and agree that they may not participate in a HOME
program except through the Urban County.
f. The County will submit to the City the Joint Exercise of Powers Agreement and
Cooperation Agreement to be signed by the City if it chooses to participate in the
Urban County Program. If a City decides not to participate in the Urban County
program by not signing a Joint Exercise of Powers Agreement and Cooperation
Agreement, it may not be eligible to receive Urban County entitlement CDBG
funding for three successive program years commencing on October 1, 2011 and
ending September 30, 2014.
g. Upon qualifying, the County will remain an Urban County (including its
unincorporated areas and the included units of general local government) for a
period of three years. That is, during the three year qualification period no
included units of general local government can be removed from the Urban
County, nor can any additional units of general local government generally be
included in the Urban County during that period. To assure that included units of
general local government remain an effective part of the Urban County for the
entire three year qualification period, this cooperation Agreement between the
Urban County and its included units of general local government covers three
successive program years.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
h. All units of general local government participating in this Agreement understand
and agree that this Agreement remains in effect until the CDBG and HOME funds
and income received with respect to the three -year qualification period (and in any
successive qualification periods under agreements that provide for automatic
renewals) are expended and the funded activities completed, and that the County
and participating units of general local government may not terminate or withdraw
from this Agreement while this Agreement remains in effect.
All units of general local government participating in this Agreement have
adopted and are enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within their own jurisdiction against any individuals
engaged in non - violent civil rights demonstrations.
All units of general local government participating in this Agreement have
adopted and are enforcing a policy of enforcing applicable state and local laws
against physically barring entrance to or exit from a facility or location which is
the subject of such non - violent civil rights demonstrations within jurisdictions.
5. Administration of Agreement.
a. The officers and agents of both parties will cooperate in furnishing information
and assistance necessary for the preparation, completion, and filing of the
County's application with HUD in accordance with the requirements of the Act
and the Regulations. The City shall provide opportunities for public participation.
as described in the Urban County Public Participation Plan.
b. The City shall submit to the County all necessary information required for the
completion of a Consolidated Plan in the form required by HUD. This
information will detail the City's commitments to providing housing assistance to
low and very low income persons within the City. The local commitments to
housing assistance by the cities will be incorporated into the Urban County's
Consolidated Plan, which will be reviewed by HUD to determine the local
commitments to address housing needs of low to very low income persons.
The County shall not alter or amend the information furnished to County by cities
in compliance with the Act and Regulations and consistent with identified Urban
County needs and priorities, the County shall have full authority and necessary
control of the preparation and filing of it's Application for Federal Assistance to
HUD and of other papers and documents in support thereof.
6. Term of Agreement.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
This Agreement shall become effective upon full execution by the governing bodies of County
and of City and it shall remain in full force and effect through September 30, 2014.
7. Guiding Principles
The Technical Advisory Committee shall develop Urban County Guiding Principles for approval
by the HCD Advisory Committee to identify roles, establish goals, and guide implementation of
the HCD Program. The Guiding Principles will also include a Local Priorities Plan, establish
funding categories, and describe fair share amounts reserved for the jurisdictions.
8. Project Proposals.
Any and all Project Proposals for eligible HCD activities, including those of the City, shall be
submitted directly to the County during its funding cycle by eligible applicants. Project
Proposals must meet the eligibility criteria within one of the funding categories contained in the
Guiding Principles. All Proposals for Public Service must be submitted directly to the County.
Annual funding shall be reserved in equal amounts for each of the participating jurisdictions for
up to two eligible capital projects in each of the participating jurisdictions as stated in the
Guiding Principles. The Technical Advisory Committee shall review and comment on all Project
Proposals and make recommendations to the HCD Advisory Committee. Review and comment
on City proposed projects shall be to determine HUD eligibility only.
9. Grant Disbursement.
a. City understands and agrees that CDBG and HOME funds disbursed under this
Agreement are the obligation of County and that such obligation of the County is
dependent upon the qualification of the County as an Urban County applicant and
upon the availability of federal funds to implement Title I of the Act.
b. Funds disbursed to the City and other subrecipients will be expended on eligible
activities as described in the HCD Consolidated Plan and approved by the Board
of Supervisors. The Consolidated Plan includes goals and strategies to address
housing and community development needs in the Urban County. The HCD
Consolidated Plan 2010 -2015, as approved by the HCD Advisory Committee, the
Board of Supervisors, and HUD, identifies the following Goals in its Strategic
Plan:
1. Assist in the creation and preservation of Affordable housing for lower
income and special needs households.
2. Support activities to end homelessness
3. Support activities that provide basic services, eliminate blight, and /or
strengthen neighborhoods
4. Promote environmental sustainability
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
C. In addition, a Local Priorities Plan for the Urban County, including evaluation
criteria, will be developed by the Technical Advisory Committee and approved by
the HCD Advisory Committee for incorporation into the Guiding Principles and
the HCD Request for Proposals (RFP).
d. Parties hereto agree that Urban County funding will be prohibited for activities in
or in support of any participating City that does not affirmatively further fair
housing within its own jurisdiction or that impedes the County's actions to
comply with its fair housing certification.
e. After the deadline for submission of Project Proposals, the Urban County
Technical Advisory Committee will evaluate on a competitive basis the Project
Proposals according to the goals, strategies, priorities, and criteria noted above
and develop recommendations on projects to be funded. City sponsored Project
Proposals will be evaluated for HUD eligibility only. These recommendations
will be reviewed by the HCD Advisory Committee for recommendation to the
Board of Supervisors. and forwarded to the Board of Supervisors for final
approval.
f. Prior to final approval by the Board of Supervisors and submittal to HUD for
funding, the Urban County Technical Advisory Committee report and the HCD
Advisory Committee recommendations will be reviewed at a public hearing
before the Board of Supervisors. The Board of Supervisors will make final
decisions regarding all applications.
g. Upon approval of the CDBG and HOME application and the release of funds by
HUD, the City and other subrecipients may begin implementation of approved
activities. Information on the progress of approved activities will be submitted to
the County on a quarterly basis during the program year the activities are being
carried out. This information will be included in the Urban County's monitoring
reports which are reviewed by HUD during the program year. Projects which fail
to meet schedules according to the approved time schedule will be evaluated
according to the process detailed in the Urban County CDBG and HOME
Contract and approved Reprogramming Guidelines.
10. Areas of Housing Authority Operation.
Nothing herein shall affect the rights and obligations of the parties with respect to any agreement
which the City may have with the Housing Authority of the County of Santa Clara (HACSC).
11. Services, Equipment and Property; Reimbursement.
County shall provide or be primarily responsible for providing the services, equipment and other
property necessary for the planning, preparation and filing of the CDBG application and for the
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
administration of the grant funds subject to the right of the County to seek reimbursement for
actual expenses and costs of furnishing such services, equipment and property. Subject to the
provisions of the application or of the grant award made thereon, all property furnished by
County as herein -above described shall belong to County during the term of this Agreement and
after its termination.
At the termination of the CDBG program, all property and equipment acquired with CDBG funds
will be subject to the requirements and conditions of OMB Circular A -102 Attachment N,
Property Management Standards.
12. ProjZram Income.
a. On an annual basis, the City shall report to the County any gross income directly
generated from the use of CDBG funds.
b. Any such program income generated by the City must be reported to the County
and may be either paid to the County or the City may retain the program income
subject to requirements set forth in Santa Clara County Community Development
Block Grant Program Reallocation Guidelines and in accordance with all CDBG
requirements.
Any program income the City is authorized to retain may only be used for eligible
activities in accordance with all CDBG requirements as may apply.
d. The County has the responsibility for monitoring and reporting to HUD on the use
of any such program income, thereby requiring appropriate record keeping and
reporting by the City as may be needed for this purpose.
In the event of close -out or change in status of the City, any program income that
is on hand or received subsequent to close -out or change in status shall be paid to
the County, with the exception of program income generated by an approved
rehabilitation program and held in a revolving loan fund. Such revolving loan
fund amounts shall be maintained and used for housing rehabilitation activities
that meet all existing and subsequent HUD regulations and requirements. All
rehabilitation activities must benefit low and moderate income households.
The purpose of this provision is to enable the City to continue a housing
rehabilitation program in the event of close -out or a change in status of the City.
Such program income shall not be used for any purpose other than housing
rehabilitation for the benefit of low and very low income households. On an
annual basis the City shall submit to the County written certification that such
program income shall be used for these established housing rehabilitation
purposes.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
13. Revolving Loan Fund.
a. The City is allowed to retain a separate fund in conjunction with a single family
home rehabilitation program for eligible activities in accordance with all CDBG
requirements as may apply. The Revolving Loan Fund cash balance must be held
in an interest bearing account and the interest must be remitted to the County
annually. The County, in turn, remits the interest to HUD.
b. Eligible activities for single family home rehabilitation may be funded only
through loans, which, in turn, generate payments to the Revolving Loan Fund for
use in carrying out the same activities.
The City may elect to transfer its Revolving Loan Fund and its single family home
rehabilitation program to such that the City Revolving Loan Fund shall be
consolidated with the Urban County Revolving Loan Fund and the City's single
family home rehabilitation program shall be consolidated with the Urban County
Housing Rehabilitation Program, in accordance with HUD regulations and
following written approval by the City and County of the terms and conditions to
such consolidations.
14. Records.
City and County shall maintain appropriate books, records, files, and accounts relating to the
receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec
570.503 as they relate to the application, acceptance, and use of federal funds for this federally
assisted program and any other records imposed by County's contract with HUD. All such
books, records, files and accounts shall be made available for inspection at reasonable times and
places by authorized representatives of City, County, and HUD or any other person authorized by
the Act or the Regulations.
15. County Disbursement of Funds.
The Director of Finance of the County shall receive and have custody of all funds until disbursal
of such funds to be made in a manner designated by the County.
16. Contractual ObNzations.
It is expressly understood and agreed that, as the applicant to HUD, County must take the full
responsibility and assume all obligations of an applicant under the Act and that HUD will look
only to the County in this regard. However, County assumes no responsibility nor liability
towards City for any failure to include City in the application as a result of City's failure to
supply County with information necessary to prepare and file the application, or as a result of
City's failure to supply County with such information, upon designated dates, or as a result of
City's failure to comply with the Act and the Regulations.
`[t,
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
17. Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses
or liabilities incurred by a party shall not be shared pro rata but instead the County and City agree
that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify
and hold each of the other parties, their officers, board members, employees and agents, harmless
from any claim, expense or cost, damage or liability imposed for injury (as defined by
Government code Section 810.8) occurring by reason of the negligent acts or omissions or willful
misconduct of the indemnifying parry, its officers, employees or agents, under or in connection
with or arising out of any performance of obligations required by this Agreement, the Act,
Application, Regulations or other applicable laws relating to this Agreement delegated to such
party under this Agreement. No party, nor any officer, board member, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officer, board members,
employees or agents, under or in connection with or arising out of any performance of
obligations required by this Agreement, the Act, Application, Regulations or other applicable
laws relating to this Agreement delegated to such other parties under this Agreement.
18. Discretionary Actions.
Nothing herein contained shall be construed to prohibit the City from exercising its discretion on
any legislative quasi-judicial and/or administrative matter (including but not limited to any action
involving zoning of General Plan amendments). Nothing herein shall compel the City to take
any action on any matter save and except as expressly required in this Agreement. It is
understood and agreed that the City does not by this Agreement commit itself or delegate the
exercise of any of its police powers in any matter whatsoever save and' except as expressly set
forth in this Agreement.
19. Timeliness.
When any action is required hereunder upon request for action on a document or material
furnished by the County to the City said request for action on a document or material shall be
furnished at least 30 days prior to the date said action is required in order to allow sufficient time
for the City to review and act on said document or material.
Time is of the essence in this Agreement.
20. Severability.
Should any part, term, provision of this Agreement be judicially determined to be illegal or in
conflict with any law of the State of California or any law of the United States, or should any
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual, the
validity of the remaining portions or provisions shall not be affected thereby.
21. Section Headings.
All section headings contained herein are for the convenience of reference only and are not
intended to define or limit the scope of any provision of this Agreement.
22. Notices.
Any notice, tender, or delivery to be given hereunder by either party to the other may be effected
by personal delivery in writing or by certified mail, return receipt requested.
Mailed notices shall be addressed as set forth below. Each party may change its address by
written notice in accordance with this Section.
IN WITNESS WHEREOF, parties hereto have executed this Agreement on the dates set forth
below.
CITY /TOWN OF
C
Mayor (Print name)
City /Town Council
Attest:
In
City /Town Clerk
Approved as to form and legality:
IIn
City /Town Attorney
Date:
COUNTY OF SANTA CLARA
IC
Dave Cortese, President
Board of Supervisors
Attest:
By:
Clerk, Board of Supervisors
Approved as to form and legality:
By:
Deputy County Counsel
Date:
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
RESOLUTION NO:
RESOLUTION AUTHORIZING THE CITY /TOWN MANAGER
OF THE CITY /TOWN OF TO ENTER INTO A
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE
OR TO ASSIST IN THE UNDERTAKING OF
ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED
FOR THE PERIOD OF OCTOBER 1, 2011 - SEPTEMBER 30, 2014
WHEREAS, Congress has enacted the Housing and Community Development Act of
1974, as amended;
WHEREAS, Title I of the Act provides for a program of Community Development Block
Grants;
WHEREAS, Title I of the Act makes entitlement grants available to cities with a
population of 50,000 or more persons and to counties that qualify as an urban county;
WHEREAS, the City /Town of is not eligible to apply directly for
entitlement funds under the Act but may, by entering into a cooperation agreement with County,
qualify County as an urban county applicant and may thereby receive such funds;
WHEREAS, the parties hereto wish to enter into an agreement to enable the County of
Santa Clara to apply for and receive entitlement funds as an urban county and to establish the
respective rights and obligations of the contracting parties to such funds;
NOW, THEREFORE, BE IT RESOLVED that the City /Town Council does hereby
authorize the City /Town Manager to enter into a Joint Exercise of Powers Agreement and
Cooperation Agreement with the County of Santa Clara. To Undertake or to Assist in the
Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Act of
1974, as Amended for. the Period of October 1, 2011 — September 30, 2014.
PASSED AND ADOPTED at a regular meeting of the City /Town Council of the
City /Town of this day of , 2011 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
C
MAYOR (Print Name)
City /Town Council
ATTEST:
CITY /TOWN CLERK
JPA Resolution 2/28/11
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 20, 2011
Memo
To: City Council
From: Ann Sullivan
Date: April 20, 2011
Re: Agenda Item 12 — Annexation Package Regarding
Approximately 37.8 acres, Located at 22480 & 22490 Mt. Eden
Road.
The following is a revised "Staff Recommendation" regarding revisions made to the
following attachments that were included in the staff report for Agenda Item 12:
STAFF RECOMMENDATION: "Approve the proposed annexation of 2.68 acres owned
by South Thunder as part of an integrated annexation package by adopting the three
Resolutions attached to the Staff Report, identified as the Annexation Resolution, the Zoning
and General Plan Amendment Resolution and the Conditional Use Permit and Design Review
Resolution. Approve the General Plan Amendment in concept and direct it to be bundled for
final adoption with the next City - initiated General Plan Amendment."
Subject to the revisions below:
1) Annexation, Merger, and Williamson Act Resolution amended by adding the
words "approval in concept" in reference to the General Plan on pages 1, 2, and 3
This is being done because the State only allows three General Plan amendments per year.
Therefore, this General Plan Amendment is being adopted in concept now and bundled for
final adoption with the next City - initiated General Plan Amendment.
2) AP /OS Overlay Zoning and General Plan Amendment Resolution amended by
adding the following sentence at the end of the indented portion of IV. Approval):
"The General Plan Amendment changing the General Plan Land Use Designation for
the 2.68 acre Annexation Property from Hillside Open Space (OS -H) to Residential
Hillside Conservation (RHC) is hereby approved in concept and directed to be
bundled for final adoption with the next City- initiated General Plan Amendment."
3) Exhibit "A" Legal Description amended as Exhibit "C" and the words "merged
and" have been added in front of the word "combined" at the beginning of the second
paragraph. This exhibit is an attachment to both the Notice and Deed of Voluntary
Merger and the Land Conservation (Williamson Act).
4) The following documents are amended to correct the APN used for the 2.68 acre. It
should be 503 -80 -004 instead of 503 -09 -004.
a. Notice and Deed of Merger: page 3 and page 5
b. Annexation Resolution: page 1, page 3, and footer on each page
c. CUP and Design Review Resolution: page 1
5) CUP and Design Review Resolution: The APN for the 35 acre parcel has been
corrected to read 503 -09 -003 instead of 503 -80 -003 and the indemnification provision
has been revised to conform to the Preannexation Agreement.
6) Williamson Act Contract: In paragraph 10 concerning judicial review of the
agreement, replace the words "accepted by the City as final" with "that has become
final."
Av-v- SuLUVAvu
Ann Sullivan, CMC
City Clerk
0 Page
4 of SA g9�
4. O
SARATOGA CITY COUNCIL
MEETING DATE: April 20, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan, AICP
SUBJECT: Annexation Package regarding approximately 37.8 acres, located at 22480 and
22490 Mt. Eden Road (APN 503 -09 -003 and 503 -80 -004): 1) Final Annexation Approval for
2.68 acre parcel (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act
Contract; 4) Agricultural Preserve -Open Space Overlay Zoning Amendment; 5) General Plan
Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review.
RECOMMENDED ACTION:
Approve the proposed annexation by adopting the attached Resolution and associated annexation
package documents.
REPORT SUMMARY:
Project History: On June 2, 2010, the City Council approved an initiation of annexation for the
subject 2.68 acre property. The 35.13 acre property was previously annexed by the City in 2006.
On February 22, 2011, the Planning Commission held a study session to thoroughly review the
annexation package and discuss any concerns with the applicant, staff, and Assistant City
Attorney. On March 23, 2011, the Planning Commission recommended approval of the
annexation package at a noticed public hearing.
Overview: The annexation and the accompanying actions included in the integrated annexation
package described below are part of an application submitted to the City by "South Thunder,
LLC ". South Thunder LLC is the owner of two adjoining parcels. The "Principal Property" is a
35.13 acre parcel located at 22490 Mt. Eden Road. The "Annexation Property" is a 2.68 acre
parcel located at 22480 Mt. Eden Road, adjacent to the Principal Property, in Santa Clara County
and within the City's Sphere of Influence and Urban Service Area.
Annexation: The 2.68 acre Annexation Property has public water (San Jose Water) and sanitary
sewer service (Cupertino Sanitary District). No structures are proposed for the Annexation
Property and the applicant would extinguish the development potential of the parcel for a
separate single family dwelling by merging the Annexation Property and the Principal Property
as described below. Annexation Procedures are discussed in the Council Report (attachment 1).
Page 1 of 4
General Plan Amendment: The Principal Property was annexed to the City in 2006 and has a
General Plan designation of Residential Hillside Conservation (RHC) and a zoning designation
of Hillside Residential (HR). The Annexation Property has a Pre - General Plan designation of
Hillside Open Space (OS -H) and a Pre - zoning designation of Hillside Residential (HR). Once
merged, both properties should have a single post - annexation General Plan designation of
Residential Hillside Conservation (RHC).
Lot Merger and AP -OS Overlay Zone: Concurrent with annexation, the 2.68 acre Annexation
Property is proposed to be merged with the adjoining 35.13 acre Principal Property. The Merged
Property would also be made subject to the Agricultural Preserve /Open Space Overlay zoning.
The AP /OS overlay is required for land on which Williamson Act contracts are executed and
renewed.
Williamson Act Contract: The applicant would also include the entire Merged Property under a
Williamson Act Contract. This would require rescinding the existing Williamson Act Contract
with the City on the Principal Property and simultaneously re- entering a Williamson Act
Contract for the entire Merged Property. The Williamson Act Contract would include the stables
and all other existing uses as compatible uses.
Conditional Use Permit (CUP): City Code allows community stables and associated accessory
structures in the HR district with a CUP. The existing Community Stable facilities are located
almost entirely on the Principal Property and include a stable, two barns, apartment above the
utility barn, loafing sheds, and a covered arena with viewing pavilion. There is also a driveway
and sand equestrian riding arena which is surrounded by an approximately five foot (5') tall open
PVC fence on the Annexation property. There will be no change to the 22,018 square feet of
existing Community Stable facilities.
Design Review: The Principal Property is currently improved with a two -story single - family
residence, basement, garage, gym, pool house, and pool. The applicant proposes to remodel the
existing 5,330 square foot home by adding 2,308 square feet of floor area to the first -story,
reducing the second -story by 125 square feet, reducing the four car garage by 118 square feet,
and adding 644 square feet to the existing basement (not counted as floor area). The total
resulting floor area for the principal use (single- family residence and structures accessory to it)
on the Merged Property would be 10,926 SF, including the main residence (8,237 SF), garage
(1,003 SF), pool house and gym (1,686 SF). The applicant would also remove five (5) non - native
protected trees, as approved by the City Arborist. There is currently 103,332 square feet of site
coverage on what will become the Merged Property. The applicant would remove and replace the
patios, decks, fountain, and walkways; remodel the existing pool; and remove a pavilion attached
to the front of the home. The existing site coverage would be reduced by 2,656 square feet. With
the net decrease in site coverage, the total resulting site coverage of the Merged Property would
still be 100,676 SF, approximately 6% of the entire site.
Variation from Standards: The parcel merger constitutes a material basis of support for
approval of the offsets resulting from a net decrease in site coverage described above and for the
required findings for the Variation from Standards. The Merged Property shall not be
subsequently subdivided so long as any portion of the resulting Merged Property is subject to a
Williamson Act Contract, or so long as the City's AP /OS overlay zoning district has not been
Page 2 of 4
removed by the City. The entire Merged Property would also become restricted by a Land
Conservation (Williamson Act) Contract.
Offsets: The reduction in 2,656 square feet of site coverage will offset the 2,308 square feet of
floor area resulting from the addition to the single family residence. The additional floor area is
also offset by the elimination of a minimum of 6,560 square feet of otherwise allowable floor
area which would be developable on the currently existing Annexation Property. The foregoing
offsets are memorialized in the integrated annexation package requiring the Annexation Property
to be merged with the Principal Property. If the parcel is not annexed, Santa Clara County
development standards would apply; the applicable County RHS zoning district allows a
maximum height of 35 -feet and 3- stories, with setbacks of 30 feet in the front, 25 feet in the
back, and 20 feet on the sides. The size of a single family dwelling in the County is limited by
establishment of a building envelope (if any), rather than a strict floor area limit as in the City.
California Environmental Quality Act (CEQA): The addition to the existing single - family
residence is Class 3 categorically exempt from CEQA pursuant to Title 14 California Code of
Regulations, Chapter 3, Article 19, Section 15303. The Annexation, Preannexation Agreement,
Parcel Merger, Williamson Act Contract, General Plan Amendment, and Zoning Amendment are
exempt from CEQA under Sections 15319, 15308 and 15061(b)(3) because: (1) the annexation is
to a city of an area containing existing private structures developed to the density allowed by the
current zoning or pre- zoning of either the gaining or losing governmental agency whichever is
more restrictive, and there is no proposed extension of utility services; (2) they will all impose
greater land use restrictions on the Merged Property than currently exist; (3) the Use Permit
imposes parameters and conditions on the Merged Property for the first time; and (4) the project
does not have a reasonable possibility of having a significant effect on the environment.
FISCAL IMPACTS:
The City will receive approximately 2.5% of the property tax assessment for the property being
annexed after annexation to the City of Saratoga.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Future development of the Annexation Parcel would be subject to requirements of Santa Clara
County in lieu of City of Saratoga development standards.
ALTERNATIVE ACTION:
Deny the proposed resolution approving annexation and provide Staff with direction.
FOLLOW UP ACTION:
Staff shall forward a copy of the City's resolution of annexation approval to the Santa Clara
County Surveyor (LAFCO) and Assessors Offices.
Page 3 of 4
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City's website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting. Notice of hearing for each of the elements of the
integrated annexation package were published in the Saratoga News on April 5, 2011 and mailed
in the manner and to the extent required by law.
ATTACHMENTS:
1. City Council Staff Report, dated June 2, 2010
2. Planning Commission Staff Report, dated March 23, 2011
1) Pre - Annexation Agreement
2) Notice and Deed of Merger
3) Williamson Act Contract
4) Annexation Resolution
5) Conditional Use Permit and Design Review Resolution
6) Zoning and General Plan Amendment Resolution
7) Site Plans (Exhibit A)
Page 4 of 4
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION TO THE CITY OF SARATOGA
OF A PROPERTY LOCATED AT 22480 MOUNT EDEN ROAD AND ITS
CONCURRENT MERGER WITH ADJOINING PROPERTY
LOCATED AT 22490 MOUNT EDEN ROAD AND A CONCURRENT
LAND CONSERVATION (WILLIAMSON ACT) CONTRACT
FOR THE ENTIRE MERGED PROPERTY
South Thunder LLC - APN 503 -80 -004
WHEREAS, the City Council is considering the annexation of an approximately 2.68 -
acre property, hereinafter referred to as 'the territory', APN 503 -80 -004, contiguous to the City of
Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) hereto; and
WHEREAS, concurrent with annexation, the territory shall be merged with the adjoining
approximately 35.13 -acre property and the entire Merged Property shall become restricted by a
Land Conservation (Williamson Act) Contract and obtain approval in concept of a General Plan
Land Use Designation of Hillside Residential Conservation (HRC), be made subject to an
Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District, and a Conditional Use
Permit (collectively the "integrated annexation proceedings "); and
WHEREAS, the City Council has determined these integrated annexation proceedings to
be exempt from the California Environmental Quality Act (CEQA) under CEQA Guideline
15319 which exempts annexations to a city of areas containing existing private structures
developed to the density allowed by the current zoning or pre- zoning of either the gaining or
losing governmental agency whichever is more restrictive, provided, however, that the extension
of utility services to the existing facilities would have a capacity to serve only the existing
facilities; and CEQA further exempts these integrated annexation proceedings because they will
all impose greater land use restrictions on the Merged Property than currently exist (including by
imposing parameters and use permit conditions on the Merged Property for the first time), will
involve no physical change to the environment, will assure the maintenance, restoration,
enhancement, or protection of the environment, and it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment (see
CEQA Guidelines Sections 15308 and 15061(b)(3)); and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed at 22480 Mount Eden Road is in the City of
Saratoga's Urban Service Area and Sphere of Influence, has a Pre - General Plan designation of
H -OS (Hillside -Open Space) which is being amended to RHC (Residential Hillside
Conservation) concurrent with this annexation, and is pre -zoned as HR (Hillside Residential) to
Resolution Approving Annexation of APN 503 -80 -004 (22480 Mount Eden Road) Page 1
which AP /OS (Agricultural Preserve -Open Space) Overlay Zoning is being added concurrent
with this annexation; and
WHEREAS, upon approval of initiation of annexation on June 2, 2010, these integrated
annexation proceedings were referred to the Planning Commission which gave favorable
recommendations thereon after public hearing on March 23, 2011, and are now being returned to
the City Council for final action on the actual Annexation Approval, a Preannexation Agreement,
a Land Conservation (Williamson Act) Contract, approval in concept of a General Plan
Amendment, a Zoning Amendment, a Use Permit with Variation from Standards, and a Design
Review Approval; and
WHEREAS, the proposed annexation is consistent with the West Valley Hillsides
Preservation Strategies, Strategy #2, Action 1 and 2; and
WHEREAS, because there is one hundred percent (100 %) owner consent for the
annexation proceedings, no notice, public hearing or election will be required for annexation
approval by the City; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and
has determined that said territory is considered uninhabited for the purposes of annexation
proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby makes the following findings:
A. That the annexation is exempt from the California Environmental Quality Act CEQA
pursuant to sections 15319, 15308 and 15061(b)(3) of the CEQA Guidelines.
B. That the unincorporated territory to be annexed is within the Sphere of Influence and
the Urban Service Area of the City as adopted by the Santa Clara County Local Agency
Formation Commission.
C. That the Santa Clara County Surveyor has made a preliminary determination that the
boundaries of the area proposed to be annexed are definite and certain, and in compliance
with LAFCO's road annexation policies and that this resolution shall become effective
only upon receipt by the City Clerk of the City of Saratoga of a final determination by the
County Surveyor that the boundaries of the proposal are definite and certain and in
compliance with LAFCO's road annexation policies.
D. That the proposal does not split lines of assessment or ownership and that this fact
has been confirmed by the Santa Clara County Assessor's Office.
E. That the proposal does not create islands or areas in which it would be difficult to
provide municipal services.
Resolution Approving Annexation of APN 503 -80 -004 (22480 Mount Eden Road) Page 2
F. That the proposal will consistent with the General Plan and Zoning of the City in that
the property proposed for annexation has a Pre - General Plan designation of H -OS
(Hillside -Open Space) which is being approved in concept to be amended to RHC
(Residential Hillside Conservation) concurrent with this annexation, and is pre -zoned as
HR (Hillside Residential) to which AP /OS (Agricultural Preserve -Open Space) Overlay
Zoning is being added concurrent with this annexation.
G. That the territory is contiguous to the existing City limits.
H. That the City has complied with all conditions imposed by LAFCO for inclusion of
the territory in the Urban Service Area of the City.
I. That all property owners within the annexation area have been informed of these
proceedings and no opposition has been received.
J. That concurrent with annexation, the territory will be merged with the adjoining
approximately 35.13 acre property and the entire Merged Property will become restricted
by a Land Conservation (Williamson Act) Contract and that such merger shall constitute
a material basis of support for the integrated annexation proceedings and each element
thereof and any required findings therefor.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves
and requires, concurrent with the annexation approved below: the voluntary merger of territory
consisting of an approximately 2.68 -acre property, APN 503 -80 -004, with APN 503 -09 -003 (in
the Notice and Deed of Voluntary Merger form attached hereto as Exhibit C), the Land
Conservation (Williamson Act) Contract (in the form attached hereto as Exhibit D), the mutual
execution of the Preannexation Agreement (in the form attached hereto as Exhibit E); the
approval in concept of a General Plan Amendment to Hillside Residential Conservation (HRC),
the Zoning Amendment adding Agricultural Preserve /Open Space (AP /OS) Overlay Zoning, the
Use Permit with Variation from Standards, and the Design Review Approval.
BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above - referenced
determination by the County Surveyor, the annexation of the parcel is hereby ordered without
any further protest proceedings and that upon completion of these proceedings the territory will
be annexed to the City of Saratoga and pursuant to said annexation receiving a Certificate of
Completion from LAFCO the City will receive taxes upon in accordance with the previously
approved tax exchange agreement with the County of Santa Clara.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends
the City boundary to include a territory consisting of an approximately 2.68 -acre property,
hereinafter referred to as 'the territory', APN 503 -80 -004, into the City of Saratoga effective
upon LAFCO issuance of a Certificate of Completion for these proceedings, and effective upon
concurrent recordation the above - described Notice and Deed of Voluntary Merger, the Land
Conservation (Williamson Act) Contract, and the Preannexation Agreement.
Resolution Approving Annexation of APN 503 -80 -004 (22480 Mount Eden Road) Page 3
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 20th day of
April, 2011 by the following roll call vote:
AYES: Councilmembers
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Howard Miller,
MAYOR
Saratoga, California
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
City of Saratoga, California
ATTEST:
Ann Sullivan,
CITY CLERK
Saratoga, California
Resolution Approving Annexation of APN 503 -80 -004 (22480 Mount Eden Road) Page 4
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Saratoga, CA 95070
Notice and .Deed of Voluntary Merger
FOR RECORDATION WITH THE RECORDER'S OFFICE
OF THE COUNTY OF SANTA CLARA
SO UTH THUNDER, LLC NOTICE AND DEED OF VOL UNTARY MERGER
Page i of 7
Notice and Deed of Voluntary Merger
This is a Notice and Deed of Voluntary Merger (the "Merger ") by SOUTH THUNDER,
LLC (the "Owner ") in favor of the CITY OF SARATOGA (the "City ").
RECITALS
A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property
(approximately 2.68 acres) located in the County of Santa Clara within the City Sphere of
Influence and Urban Service Area and more particularly described in Exhibit A, attached hereto
and incorporated herein by this reference ( "Annexation Property "), as to which property owner
has applied to the City to obtain final annexation approval;
B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately
35.13 acres in size) adjoining the Annexation Property and located entirely within the City of
Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein
by this reference ( "Principal Property ");
C. WHEREAS, Owner has submitted an integrated annexation package including but not
limited to a Development Proposal to the City seeking to obtain a Conditional Use Permit with a
Variation from Standards for its existing stables, and approval to remodel and increase the square
footage of the single family dwelling located on the Principal Property by 2907 square feet;
D. WHEREAS, a material basis of any approval of the Development Proposal will be the
fact that the Development Proposal includes merger of Principal Property and Annexation
Property (by both Deed and new recorded final Parcel Map) into a single legal parcel (the
"Merged Property ") for planning and land use purposes (such that the development potential for
a single family dwelling on the Annexation Property will be extinguished); and
E. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner
shall merge the Principal Property with the Annexation Property into a single legal parcel (the
"Merged Property ") for planning and land use purposes, which Merged Property is more
particularly described in Exhibit C, attached hereto and incorporated herein by this reference.
NOW THEREFORE, Owner agrees, gives notice and voluntarily deeds the Annexation
Parcel and the Principal Parcel to Owner as one Merged Parcel as follows:
NOTICE AND DEED OF VOLUNTARY MERGER
Notice is hereby given that the separate parcels of real property described in Exhibit A and
Exhibit B attached hereto and made part hereof are hereby deeded to become one Merged Parcel
as described on Exhibit C pursuant to Section 1093 of the Civil Code and Grantor's express
written statement that such deed shall merge and consolidate the two separate parcels into one
single parcel. Notice is further given that Owner will promptly initiate and diligently pursue to
completion all necessary steps to merge the Annexation Property with the Principal Property
SOUTH THUNDER, LLCNOTICEAND DEED OF VOLUNTARYMERGER
Page 2 of 7
into a single legal parcel (the "Merged Property ") for planning and land use purposes (such that
the development potential for a single family dwelling on the Annexation Property will be
extinguished). The necessary steps for such merger shall include a new recorded final Parcel
Map so long as required to be in compliance with Government Code Section 66499.203/4 and
City Code Section 14- 70.080 (as now in effect or hereafter amended).
Grantor SOUTH THUNDER, LLC hereby grants the separate parcels described in Exhibit A and
Exhibit B respectively to Grantee SOUTH THUNDER, LLC to become one Merged Parcel as
described on Exhibit C pursuant to Section 1093 of the Civil Code and Grantor's express written
statement that such deed shall merge and consolidate the two separate parcels into one single
parcel and pursuant to the new recorded final Parcel Map in compliance with Government Code
Section 66499.203/4 and City Code Section 14- 70.080 as required by the preceding paragraph.
The two existing separate parcels are also identified as Assessor's Parcel Number: APN 503 -80-
004 (Exhibit A parcel) and Assessor's Parcel Number: APN - 503 -09 -003 (Exhibit B parcel).
The above - described Merged Property now constitutes one (1) parcel as described in Exhibit C.
This merger shall constitute a material basis of the support for approval of the integrated
annexation package and the required findings for the integrated annexation proceedings
including but not limited to the Use Permit and Variation from Standards granted by City on
April 20, 201 hand the Merged Property shall not be subsequently subdivided so long as any
portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City's
Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District has not been removed from
the Merged Property by the City.
Signed by Grantor Date:
SOUTH THUNDER, LLC
as
(print name)
(print title)
NOTE: All signatures of both owners and holders of security interests
must be property notarized.
SOUTH THUNDER, LLC NOTICEAND DEED OF VOLUNTARYMERGER
Page 3 of 7
INSTRUCTIONS
This NOTICE AND DEED OF VOLUNTARY MERGER shall be recorded with the
County of Santa Clara Recorder. Owner(s) signature(s) must each be acknowledged by a notary.
Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil
Code § 1169, et seq.)
State of California
County of
.Am
ACKNOWLEDGEMENT
before me,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SOUTH THUNDER, LLC NOTICEAND DEED OF VOLUNTARYMERGER
Page 4 of 7
EXHIBIT A
Legal Description of Annexation Property
Santa Clara County APN- 503 -80 -004
EXHIBIT B
Legal Description of Principal Property
Santa Clara County APN- 503 -09 -003
SO UTH THUNDER, LLC NOTICE AND DEED OF VOL UNTARY MERGER
Page 6 of 7
EXHIBIT C
Lestal Description of Mulled Property
SO UTH THUNDER, LLC NOTICE AND DEED OF VOL UNTARY MERGER
Page 7 of 7
CITY OF SARATOGA CITY COUNCIL
RESOLUTION NO. FOR APPROVAL OF USE PERMIT AND DESIGN REVIEW
Application # PDR10 -0017 & CUP10 -0010
South Thunder; 22490 Mt. Eden Road
The City of Saratoga City Council finds and determines as follows with respect to the above -
described application:
I. Project Summary
The Saratoga City Council has received an application for annexation of an approximately
2.68 -acre property located at 22480 Mount Eden Road (APN 503 -80 -004) hereinafter referred to as
the "Annexation Property" or'the territory', and described in the Legal Description and Plat Map.
The Annexation Property is contiguous to an approximately 35.13 -acre property, currently inside
the City boundaries and located at 22490 Mt. Eden Road (APN 503 -09 -003), hereinafter referred to
as the "Principal Property" and also owned by SOUTH THUNDER, LLC.
Such annexation and the accompanying actions included in the integrated annexation package
described below are part of a proposal submitted to the City by SOUTH THUNDER, LLC. In order
to provide for use of City services and to apply the terms of the City General Plan and City Code to
development proposals initiated after completion of the annexation, the integrated annexation
package consists o£ Annexation, a Preannexation Agreement, Parcel Merger, Land Conservation
(Williamson Act) Contract, General Plan Amendment, Zoning Amendment, Use Permit, Variation
from Standards, Design Review Approval and CEQA exemption.
The Annexation Property is in the City of Saratoga's Urban Service Area and Sphere of Influence
with a Pre - General Plan designation of H -OS (Hillside -Open Space) and a pre - zoning designation
of HR (Hillside Residential). The Principal Property was annexed to the City in 2006 and has a
General Plan designation of Residential Hillside Conservation (RHC) and is zoned Hillside
Residential (HR).
Concurrent with annexation, the Annexation Property and Principal Property are proposed to be
merged. The entire Merged Property would be amended to a single General Plan and Zoning
Designation of RHC (Residential Hillside Conservation) and AP /OS (Agricultural Preserve /Open
Space) Overlay, respectively. The entire Merged Property is proposed to become restricted by a
Land Conservation (Williamson Act) Contract. The Merged Property shall not be subsequently
subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act
contract, or the City's AP /OS overlay zoning district being added pursuant to this integrated
annexation package has not been removed by the City. The Merger constitutes a material basis of
support for the integrated annexation package including the offsets decreasing floor area and site
coverage described below and for the required findings for the Variation from Standards, all as
requested to be approved pursuant to the Preannexation Agreement.
The applicant is also applying for Design Review approval, Conditional Use Permit (CUP), and
associated Variation from Standards, as shown in Exhibit "A" and the Color Board shown in Exhibit
"A ", date stamped March 17, 2011 incorporated by this reference.
A condition of approval is included in the Resolution that the Use Permit, Variation from Standards,
and Design Review Approval is subject to final annexation of the Annexation Parcel and
implementation of the corresponding Parcel Merger, Agricultural Preserve /Open Space Overlay
Rezoning, General Plan Amendment, and Williamson Act contract.
The application consists of a proposed addition of 2,308 square feet of floor area (with 724 SF
double - counted due to being greater than 15 feet in height) to an existing single - family residence
and its accessory structures, together with the removal of five non - native protected trees on the
Principal Property. The total resulting floor area for the principal use (single - family residence and
structures accessory to it) on the Merged Property would be 10,926 SF, including the main
residence (8,237 SF), garage (1,003 SF), pool house and gym (1,686 SF). As to site coverage, there
is currently already 103,332 square feet of site coverage on what will become the Merged Property.
The applicant would remove and replace the patios, decks, fountain, and walkways; remodel the
existing pool; and remove a pavilion attached to the front of the home. The existing site coverage
would be reduced by 2,656 square feet and the total resulting site coverage of the Merged Property
would be 100,676 SF, approximately 6% of the entire site.
The addition of 2,308 square feet in floor area to the single family residence is offset by the
reduction of 2,656 square feet of impervious surface. Furthermore, the integrated annexation
package and lot merger eliminates a minimum of 6,560 square feet of otherwise allowable floor area
which would be developable on the currently existing Annexation Property.
The foregoing use (in the context of the proposed integrated annexation package) will be described
as the "Project" in this Resolution.
II. Planning Commission Review
On March 23, 2011 the Planning Commission held a duly noticed Public Hearing on the Project at
which time all interested parties were given a full opportunity to be heard and to present evidence
and argument. The Planning Commission considered the Project, the staff report on the Project,
CEQA documentation, correspondence, presentation from the Applicant and the public, and all
testimony and other evidence presented at the Public Hearing.
The City of Saratoga Planning Commission reviewed and recommended approval of the integrated
annexation package.
III. Environmental Review
The net addition of less than 3,000 square feet to the existing single - family residence is Class 3
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14
California Code of Regulations, Chapter 3. Article 19, Section 15303 ( "State CEQA Guidelines ").
Class 3 exemptions include the construction of a single - family residence in a residential zone. The
Principal Property was annexed to the City in 2006 under an exemption from CEQA. The
annexation of the Annexation Property qualifies for an exemption from CEQA under CEQA
Guideline 15319 which exempts annexations to a city of areas containing existing private structures
developed to the density allowed by the current zoning or pre- zoning of either the gaining or losing
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22480- 22490 Mt. Eden Road
governmental agency whichever is more restrictive, provided, however, that the extension of utility
services to the existing facilities would have a capacity to serve only the existing facilities. CEQA
exempts the Preannexation Agreement, Parcel Merger, Land Conservation (Williamson Act)
Contract agreement, General Plan Amendment, and Zoning Amendment because they will all
impose greater land use restrictions on the Merged Property than currently exist, will involve no
physical change to the environment, assure the maintenance, restoration, enhancement, or protection
of the environment, and it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment (see CEQA Guidelines Sections 15308
and 15061(b)(3)). The Use Permit is likewise exempt because it imposes parameters and use permit
conditions on the Merged Property for the first time.
IV. Design Review Findings
The Design Review Approval requirement implements the Saratoga General Plan, including, but
not limited to: (1) Land Use Goal 13 which provides that the City shall use the Design Review
process to assure that the new construction and major additions thereto are compatible with the site
and the adjacent surroundings; (2) Open Space Element Policy l La which provides that the City
shall ensure that projects are designed in a manner that minimizes disruption to important wildlife,
riparian and plant habitats; and (3) Safety Element Site and Drainage Policy 3 which provides that
the City shall require that landscaping and site drainage plans be submitted and approved during
Design Review for a residence prior to issuance of permits.
The findings required for issuance of a Design Review Approval pursuant to City Code Section
Article 15- 45.080 are set forth below and the Applicant has met the burden of proof to support
making all of those required findings:
Finding #1: The project avoids unreasonable interference with views and privacy. The project
meets this finding. The property is over 35 acres in size and surrounded by mature landscaping. The
residence is setback at least two hundred feet from any property line. Therefore, the project does not
unreasonably impact views and privacy.
Finding #2: The project preserves the natural landscape. The project meets this finding. The
plans were reviewed by the City Arborist. Twenty one (21) trees protected by City ordinance and
potentially impacted by construction were inventoried. The City Arborist has approved removal of
five trees which have met the findings for removal as described in the Arborist Report, dated
February 24, 2011. The resolution includes condition of approval requiring the applicant to comply
with all City Arborist recommendations including, but not limited to, posting a tree protection
security deposit in the amount of $113,720 and planting new trees equivalent in value to removed
trees.
Finding #3: The project preserves native and heritage trees. The project meets this finding. The
proposed project does not include removal of any native and /or heritage trees. Twenty -one (21)
protected trees could potentially be affected by the project; however, as conditioned, the
applicant will be required to provide tree protective fencing and a $113,720 tree protection bond.
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Finding 44: The project minimizes the perception of excessive bulk. The project meets this
finding. To break up massing, the project uses wood shingles and Board and Batten siding in a
blend of earthtone green colors on the facade while using neutral blended grey slate tiles on the
roof. The perception of bulk is further minimized by exceeding the required setbacks for the
residence and community stable facilities.
Finding #5: The project is of compatible bulk and height. The project meets this finding. The
residence and community stables are compatible with similar uses on neighboring properties. The
proposed architecture includes materials and colors to reduce bulk. The location of the residence
and community stables further minimize the perception of bulk and height.
Finding #6: The project uses current grading and erosion control methods. The project meets
this finding in that it is conditioned to meet required grading and erosion control standards.
Finding 47: The project follows appropriate design policies and techniques. The project meets
this finding by minimizing the perception of bulk, integrating the residence and community stable
facilities with the environment, avoiding interference with privacy, preserving views and access to
views, and designing for energy efficiency.
V. Conditional Use Permit and Variation from Standards Findings
City Code Sections 15- 55.030 require a Conditional Use Permit and Variation from Standards for
conditional uses and structures that have a different site area, density, structure height, or site
coverage, than established for the applicable zoning district.
The Applicant has met the burden of proof to support the Findings required for approval of a Use
Permit for the uses existing on the Merged Property and the Variation from Standards under Article
15 -55 of the City Code, as set forth below:
(a) The proposed conditional use will [not] adversely affect existing or anticipated uses in the
immediate neighborhood, or will [not] adversely affect surrounding properties or the
occupants thereof. The Project meets this finding. The uses on the Merged Property
(Residential with Accessory Structures and Community Stable) already exist and were built
legally in the County either with permits or prior to the need for permits. City Code allows
continuation of nonconforming structures on a property after it is annexed to the City, if the
structure lawfully existed on the effective date of the annexation. The Community Stable
has been in operation for nearly 20 years and the City has received no complaints and there
is no evidence that it has adversely affected existing or anticipated uses in the immediate
neighborhood or surrounding properties or the occupants thereof. Hence this Finding can be
made as to the Use Permit establishing the parameters and conditions of approval for the
Community Stable as currently operated. This Finding can also be made for the Variation
from Standards to support the offsets for floor area and site coverage described above in
that:
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22480- 22490 Mi. Eden Road
(1) the net increase in floor area of less than 3,000 square feet of floor area will not
have any of the adverse affects addressed by this Finding in light of the offset
resulting from the required merger of the Annexation Property eliminating a
minimum of 6,560 square feet of otherwise allowable floor area to be developed
on the currently existing Annexation Property; and
(2) the increase of 2,308 square feet in site coverage resulting from the addition to
the single - family residence will likewise not have any of the adverse affects
addressed by this Finding in light of the offset resulting from the net removal of
2.656 square feet of existing site coverage. (As additional support for this
finding, there is also the offset resulting from the required merger of the
Annexation Property eliminating approximately 15,000 square feet of otherwise
allowable site coverage to be developed on the currently existing Annexation
Property).
(b) The proposed location of the conditional use is in accord with the objectives of the Zoning
Ordinance and the purposes of the district in which the site is located The Project meets this
finding. Single - family dwellings are a permitted use in the HR zoning district. Community
Stables are permitted in the HR zoning district upon the granting of a conditional use permit
(CUP). The applicant has applied for and met the findings for a CUP.
Pursuant to City Code Section 15- 13.010, "[in] addition to the objectives set forth in Section 15-
05.020, the hillside residential district is included in the Zoning Ordinance to achieve the
following purposes:"
"(e) To implement the Northwestern Hillside Specific Plan as adopted by the City on
June 2, 1981, for the area included within the Specific Plan boundaries."
The Northwest Hillside Specific Plan provides that the "rural character of the area shall be
protected through substantially lower density and a compatible relationship between
development and the land" [emphasis added, Goal #9, page 1]. The integrated annexation
package approved under the terms of the Preannexation Agreement (including the merger,
prohibition of subsequent subdivision so long as any portion of the resulting Merged Property is
subject to a Williamson Act contract or City removal of the AP /OS overlay zoning has not
occurred), CUP and Variation from Standards implements the quoted provision and would
support Finding (b) quoted above.
Other Zoning Ordinance objectives listed in Section 15- 13.010 (and by reference in 15- 05.020)
include the following additional purposes which serve by the integrated annexation package as
proposed: "[t]o maintain to the maximum degree feasible, the natural environment and existing
rural character of the area to which the district is applied; [t]o implement the open space element
of the General Plan by ensuring maximum preservation of open space...; [t]o control the
physical development of the City in such a manner as to preserve it as essentially a residential
community with a rural atmosphere; [t]o achieve the arrangement of land uses depicted in the
General Plan; [t]o promote the stability of existing land uses which conform with the General
Plan, and to protect them from inharmonious influences and harmful intrusions; [t]o ensure that
public and private lands ultimately are used for the purposes, which are most appropriate and
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most beneficial from the standpoint of the City as a whole; [t]o prevent population densities in
excess of those prescribed in the General Plan, and to maintain a suitable balance between
structures and open spaces on each site; [t]o preserve natural beauty of the City; [and] [t]o
ensure that uses and structures enhance their sites and harmonize with improvements in the
surrounding area."
In light of the foregoing and the fact that the required merger will eliminate much if not all of the
otherwise allowable development on the Annexation Property as described in Finding (a) above,
Finding (b) can be made as to the Conditional Use Permit establishing the parameters and
conditions of approval for the Community Stable Use for that existing use consistent with
facilities currently constructed and as to the Variation from Standards to support the offsets
creating a net decrease to floor area and site coverage as described above.
(c) The proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity. The Project meets the required
findings for Use Permit establishing the parameters and conditions of approval for the Community
Stable Use as currently operated and as to the Variation from Standards to support the offsets to
floor area and site coverage described above. In addition, the Project has been reviewed by the City
Geotechnical Consultant and received geotechnical clearance with conditions. The project has also
been conditioned to comply with all applicable regulations of the State, County, City and/or other
governmental agencies having jurisdiction. The Community Stable has been in operation for nearly
20 years and the City has received no complaints and there is no evidence of detriment to public
health, safety or welfare from it or material injury to properties or improvements in its vicinity. The
approval of a use permit and variation from standards will establish parameters for the use of the
Merged Property and extinguish the development potential of the Annexation Parcel for a separate
single family dwelling while allowing a relatively minor addition to the existing single family
dwelling on the Principal Property.
(d) The proposed conditional use will comply with each of the applicable provisions of the
Saratoga Municipal Code. The Project meets this finding. The Use Permit establishing the
parameters and conditions of approval for the Community Stable Use as currently operated has been
conditioned to comply with all applicable City regulations including, but not limited to the
requirements of the Saratoga Building and Zoning Regulations. City Code allows for a Variation
from Standards as set forth in the other Findings and a Variation from Standards is expressly
allowed under Chapter 15.
VI. CONDITIONS OF APPROVAL
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner's
successors in interest for such time period. No zoning clearance, or demolition, grading, or
building permit for this project shall be issued until proof is filed with the city that a certificate
of approval documenting all applicable permanent or other term- specified conditions has been
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22480- 22490 Mt. Eden Road
recorded by the applicant with the Santa Clara County Recorder's Office in form and content
acceptable to the community development director.
2. If a condition is not "permanent" or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a certificate of occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the city code including but not limited to sections 15- 80.120 and/or 16-
05.035, as applicable.
4. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit (and the associated Variation from Standards) and may, at any time, modify, delete, or
impose, any new conditions of the permit to preserve the public health, safety, and welfare.
5. Any intensification of the uses approved under this Use Permit and Variation from Standards
shall require an amended Conditional Use Permit. Examples of intensification of use include,
but are not limited to, physical changes to the site or structure of the use to accommodate
more horses, employees or customers, and changes in operations or equipment that result in
ongoing increases in traffic, noise, or other physical effects.
6. The Community Development Director shall mail to the Owner and Applicant a notice in
writing, on or after the time the Resolution granting this Approval is duly executed by the City,
containing a statement of all amounts due to the City in connection with this application,
including all consultant fees (collectively "processing fees "). This approval or permit shall
expire sixty (60) days after the date said notice is mailed if all processing fees contained in the
notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building
Permit may be issued until the Community Development Director certifies that all processing
fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained).
7. The uses /structures /project shall maintain compliance with all applicable requirements of the
City, including, without limitation, the requirements of the Saratoga Zoning Regulations
incorporated herein by this reference. The uses /structures /project shall at all times operate in
compliance with all applicable regulations of the State, County, and /or other governmental
agencies having jurisdictional authority over the use pertaining to, but not limited to, health,
sanitation, safety, and water quality issues.
8. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the Use Permit and Design Review Approval will expire unless
extended in accordance with the City Code.
9. Prior to issuance of any demolition, use, grading, or building permit to implement this Design
Review and Use Permit approval the Applicant shall obtain a "Zoning Clearance" from the
Community Development Director by submitting final plans for the requested permit to the
Community Development Department for review to ascertain compliance with the requirements
of this Resolution.
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22480- 22490 Mt Eden Road
10. Agreement to Indemnify, Hold Harmless and Defend City as to Action ChallenIzinl!
Approval of Application and as to Damage from Performance of Work Authorized by
Desilin Review Approval. As a condition of this Approval, Owner and Applicant hereby agree
to defend, indemnify and hold the City and its officers, officials, boards, commissions,
employees, agents and volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and /or Applicant, their successors, or by any person acting on
their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director, Owner
and Applicant shall execute a separate agreement containing the details of this required
Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval
as to form and content by the Community Development Director.
B. COMMUNITY DEVELOPMENT
11. Compliance with Plans. The uses and development shall be operated, located and constructed
to include those features, and only those features, as shown on the Approved Plans and
denominated Exhibit "A" and the Color Board denominated Exhibit "B" date stamped March
17, 2011, and the description of use as described in Condition #13 12 below, each incorporated
by this reference. All proposed changes to the Approved Plans and Description of Use must be
submitted in writing with plans showing the changes, including a clouded set of plan s
highlighting the changes. Such changes shall be subject to the requisite prior City approval and
in accordance with Condition A.3, above.
12. Description of Use: Applicant plans to operate a Community Stable in compliance with City
Code Section 15- 13.040(d) which requires that a Community Stable in the HR zoning district
obtain and maintain a Use Permit and be subject to the regulations prescribed in Section 7-
20.220 of this Code. The Community Stable will comply with City Code Section 7- 20.220 as
currently in effect, and as hereafter amended. It shall be operated as a private stable or corral
designed, owned and used solely by residents and guests of a particular area, for the keeping or
use of horses in private ownership, for homeowners, private clubs, or riding schools, where
riding lessons are not open to the public and no horses are offered to the public for
remuneration, hire or sale. The Community Stable may have up to 40 horses and six
employees.
13. Non - conforming structures. All structures which do not already have required County or City
permits shall be required to obtain such permits from the City as a condition of approval of any
annexation, use permit or design review approval. If the structure was constructed at a time
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22480- 22490 Mt. Eden Road
when no permit was required by the agency then having jurisdiction, it is exempt from this
requirement.
14. Annexation/Parcel Merger/Williamson Act Contract /Agricultural Preserve /Open Space
Overlay /General Plan Amendment. In order to provide for rational long -term land use
planning, the use permit and design review approval is recommended by the Planning
Commission subject to final approval by the City Council concurrent with final annexation of
the 2.68 acre parcel, identified as APN 503 -80 -004 and located at 22480 Mt. Eden Road
(Annexation Property), and the following related entitlements or actions:
a. Parcel Merger. The Owner shall submit to the City a complete, executed and recordation
ready and acceptable Notice and Deed of Voluntary Merger for parcel merger and otherwise
promptly initiate and diligently pursue to completion all necessary steps to merge the
Annexation Property with the Principal Property into a single legal parcel (the "Merged
Property ") for planning and land use purposes (such that the development potential for a
single family dwelling on the Annexation Property will be extinguished and the Merged
Property shall not be subsequently subdivided so long as any portion of the resulting
Merged Property is subject to a Williamson Act contract, or the City's AP /OS overlay
zoning district has not been removed by the City). The necessary steps for such merger
shall include a new recorded final Parcel Map so long as required to be in compliance with
Government Code Section 66499.203/4 and City Code Section 14- 70.080 (as now in effect or
hereafter amended). The foregoing merger provisions shall constitute a material basis of the
support for the approval of the integrated annexation package and the required findings for
the Variation from Standards;
b. Williamson Act Contract. The Owner shall submit a complete application and obtain City
approval to rescind the Williamson Act Contract on the Principal Property and
simultaneously re -enter a Williamson Act Contract covering the entire Merged Property,
which Williamson Act Contract shall include the stables and all other existing uses as
compatible uses;
c. Agricultural Preserve /Open Space Overlay. Owner shall submit a complete application and
obtain City approval to add AP /OS overlay zoning to the entire Merged Property; and
d. General Plan Amendment for Annexation Property. Owner shall submit a complete
application and obtain City approval to amend the current Hillside Open Space (HOS) Pre -
General Plan designation on the Annexation Property to a post - annexation General Plan
designation of Residential Hillside Conservation (RHC); and
15. Business License. Prior to issuance of Zoning Clearance for any proposed tenant
improvements (or if none, prior to commencement of the approved use), the Owner and /or
Applicant shall apply for and obtain approval from the Community Development Department
for a business license.
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16. GreenPoint Requirement. Prior to issuance of a building permit, the applicant shall submit
verification by a certified green building rater that the dwelling design qualifies for a minimum
score of fifty points under the GreenPoint rating system.
17. Stormwater. Disposition and treatment of stormwater shall comply with the applicable
requirements of the National Pollution Discharge Elimination System ( "NPDES ") Permit issued
to the City of Saratoga and the implementation standards established by the Santa Clara Valley
Urban Runoff Pollution Prevention Program (collectively the "NPDES Permit Standards ").
Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this
Project, a Stormwater Detention Plan shall be submitted to the Community Development
Director for review and approval demonstrating how all storm water will be detained on -site and
in compliance with the NPDES Permit Standards. If not all stormwater can be detained on -site
due to topographic, soils or other constraints, and if complete detention is not otherwise required
by the NPDES Permit Standards, the Project shall be designed to detain on -site the maximum
reasonably feasible amount of stormwater and to direct all excess stormwater away from
adjoining property and toward stormwater drains, drainageways, streets or road right -of- ways
and otherwise comply with the NPDES Permit Standards and applicable City Codes.
18. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code
Section 15- 45.070(a)(9) shall be designed to the maximum extent reasonably feasible to:
a. utilize efficient irrigation (where irrigation is necessary) to eliminate or reduce runoff, to
promote surface infiltration, and to minimize use of fertilizers and pesticides that have the
potential to contribute to water pollution.
b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and
infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated
soil conditions and prolonged exposure to water shall be specified, in the Plan, installed and
maintained;
c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially
along any hardscape area;
d. be comprised of plant materials selected to be appropriate to site specific characteristics such
as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to ensure
successful establishment;
e. protect the roots of Ordinance- protected trees from any proposed or required
undergrounding of utilities;
f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and
g. comply with Section 16- 75.030 of the City Code to the extent applicable.
19. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the
Community Development Department Director or designee prior to issuance of Zoning
Clearance. The construction plans shall, at a minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A"
on file with the Community Development Department and referenced in Condition No. B.1
above.
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b. This signed and dated Resolution printed onto separate construction plan pages; and
c. Fire Department comments dated October 6, 2010, printed collectively onto separate
construction plan pages; and
d. Geotechnical conditions, dated November 22, 2010, printed collectively onto separate
construction plan pages; and
e. City Arborist Report dated February 24, 2011, printed collectively onto separate
construction plan pages; and
f. A note shall be included on the site plan stating that no construction equipment or private
vehicles shall be parked or stored within the root zone eve feet beyond the dripline (the
area under the canopy) or a greater distance as determined by the City Arborist) of any
Ordinance - protected tree on the site; and
g. The site plan shall contain a note with the following language: "Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans," which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval; and
h. A boundary survey, wet - stamped and wet - signed by a Licensed Land Surveyor or Civil
Engineer authorized to practice land surveying. The stamp shall reflect a current license for
the land surveyor /engineer, the document shall be labeled `Boundary Survey," and the
document shall not contain any disclaimers.
i. A final utility plan that shows location of HVAC mechanical equipment outside of required
setback areas; and
j. A final Drainage and Grading plan(s) stamped by a registered Civil Engineer combined
with the above - required Stormwater requirements;
k. A final Landscape and Irrigation Plan with the requirements above; and
1. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
C. CITY ARBORIST
20. Compliance with Tree Regulations and City Arborist Reports. The applicant shall comply
with all City Arborist requirements. All requirements in the City Arborist Reports dated
February 24, 2011 are hereby adopted as conditions of approval and shall be implemented as
part of the Approved Plans. This includes, but is not limited to the following:
a. New trees equal to $35,640 shall be planted following construction to replace removed
trees, or as per the City Arborist.
b. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit in the amount of $113,720, or as per the City Arborist.
D. PUBLIC WORKS
21. Public Works Requirements. The applicant shall comply with all Public Works requirements.
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22. Geotechnical Clearance. The applicant shall comply with all Geotechnical requirements. All
conditions specified in the Geotechnical Review dated November 22, 2010 are hereby adopted
as conditions of approval and shall be implemented as part of the Approved Plans.
E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS
23. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements. All
conditions specified in the Fire Department comments dated October 6, 2010 are hereby
adopted as conditions of approval and shall be implemented as part of the Approved Plans.
F. HORSES AND OPERATION OF COMMUNITY STABLE
24. Applicant shall comply with City Code Section 15- 13.040(d) which requires that a Community
Stable in the HR zoning district obtain and maintain a Use Permit and be subject to the
regulations prescribed in Section 7- 20.220 of this Code.
25. Applicant shall comply with City Code Section 7- 20.220 as currently in effect and set forth
below, and as hereafter amended.
7- 20.220 - Horses.
(a) Purpose. This Section is adopted to establish licensing requirements for the keeping of
horses, and to regulate the keeping and maintenance thereof, in order to protect and promote
the public health, safety, welfare, comfort and convenience, while permitting residents to
keep horses under appropriate conditions, and further to establish conditions and
requirements for the operation of commercial and community stables. This Section is also
intended to provide a basis for correction of existing unsafe and unhealthful conditions.
(b) Definitions. For the purposes of this Section and other provisions of this City Code, the
following words and phrases shall have the meanings respectively ascribed to them in this
subsection, unless the context or the provision clearly requires otherwise:
Community stable means a private stable or corral designed, owned and used solely by
residents and guests of a particular area, for the keeping or use of horses in private
ownership, for homeowners, private clubs, or riding schools, where riding lessons are not
open to the public and no horses are offered to the public for remuneration, hire or sale.
Corral means an area enclosed by fencing for the keeping of horses or other livestock.
Horse includes any member of the horse family (equidae) including, but not limited to,
ponies, donkeys and mules.
Horse stable means any building or'structure or portion thereof designed or used for the
housing or feeding of a horse or horses or other livestock.
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Keeping or maintenance, in relation to a horse or horses, means the harboring or maintaining
possession of any horse on a site together with the maintenance of such animal by the feeding
or otherwise supplying of necessities of life to the same. Any horse physically present on a
site for a continuous period in excess of seventy -two hours is being kept, within the meaning
of this definition, by the owner or other occupancy of the site.
Keeping or maintenance for private use, in relation to a horse or horses, means the keeping of
horses owned by the owner of the site where such horses are kept, for the private use by such
owner and his guests as a use accessory to a residence on the same site, and not for
remuneration, hire or sale.
Pasture means a plot of ground other than a corral with grass or other plant life available for
grazing horses.
Riding school chool means any establishment providing or offering for remuneration, equestrian
instruction through private lesson, organized class, or group instructional activities, or any
establishment where horses are maintained or facilities provided primarily for the purpose of
providing equestrian instruction for remuneration.
(c) Interpretation of provisions. The provisions of this Section shall be held to be minimum
requirements except where it is expressly stated that maximum requirements shall prevail. The
provisions are not intended to impair or interfere with any private restrictions placed upon
property by covenant or deed or otherwise; provided, however, that where this Section imposes
greater restrictions upon such property, the provisions of this Section shall control.
(d) Compliance with regulations; invalidity of horse license issued in violation thereof.
(1) It shall be unlawful for any person to keep or maintain any horse, or cause any horse to
be kept or maintained in the City except in conformity with the provisions of this
Section and the applicable zoning regulations of the City as set forth in Chapter 15 of
this Code.
(2) Horses may be maintained for private use and community stables may be maintained
only in such zoning districts and only with such minimum site areas and minimum
distances of stables and corrals from property lines and other structures as permitted
under the applicable zoning regulations set forth in Chapter 15 of this Code.
(3) No horse license shall be issued pursuant to this Section in violation of any provisions
contained herein or in violation of any other provision of this Code, and any license as
may be issued which is in violation of any of said provisions shall be void and of no
force or effect.
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22480- 22490 Mt Eden Road
Upon final approval and issuance of this Use Permit, the City Code will exempt from any
horse licensing requirement any horse kept and maintained in this Community Stable so
long as the Stable is in compliance with the terms and provisions of this Use Permit and it
remains valid.
(e) General regulations. All horses in the City shall be kept and maintained in compliance with
the following regulations:
(1) Enclosures and control. All horses shall at all times be kept in a corral or enclosed stable
meeting the requirements of this Section other than when being ridden or exercised
under the direct control of some responsible person, except that the Planning Director
shall have the power, but not the obligation, to permit the keeping of permitted horses in
a pasture under reasonable conditions as imposed in the license.
(2) Construction of corrals and stables. All corrals shall be enclosed by a substantial fence,
and corrals for the enclosure of stallions shall conform to all State laws governing safety
fencing, and all stables and corrals shall be erected and constructed in conformity with
the Building Code of the City. Where existing buildings and structures constructed in
compliance with regulations in force at the time of construction do not comply with
current regulations, and constitute a threat to health, safety or the general welfare,
specific corrections may be required by the City Manager as a condition of issuance of a
license.
(3) Fire protection. Buildings and structures for the keeping of horses shall conform to the
fire protection standards of the fire district in which the site is located.
(4) Maintenance; sanitary conditions. All stables and corrals shall at all times be kept
adequately clean of manure, and the City Manager shall have power to require fly
trapping or fly killing substances and devices as a condition of any license, as
recommended by the County Health Department. All horses and premises on which
horses are kept shall be maintained in a clean and sanitary condition.
(f) Community stables. Each community stable shall conform with the following provisions,
whether or not such provisions are specifically set forth in a use permit granted for such stable
under Chapter 15 of this Code:
(1) The premises shall be under the full -time supervision of a competent attendant on duty
on the premises.
(2) Any commercial or community stable providing equestrian instruction shall give such
instruction only on the premises, unless special permission to do otherwise has been
granted in the use permit.
Integrated Annexation Package- Design Review, Use Permit, and Variation from Standards
22480- 22490 Mt. Eden Road
(3) No lighting other than needed for safe passing around buildings shall be permitted unless
specifically approved under the terms of this Use Permit.
The existing arena lights under the roof of the existing covered arena are hereby specifically
approved under the terms of this Use Permit.
(g) Inspections. The City Manager and the County Health Officer shall have authority to enter
upon and inspect any premises where any horse is kept or maintained for the purpose of
enforcing the provisions of this Section.
VII. Project Approval
APPROVED by the City of Saratoga City Council this 20th day of April 2011 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller,
MAYOR OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
ACCEPTANCE BY APPLICANT AND OWNER
ATTEST:
Ann Sullivan,
CLERK OF THE CITY OF SARATOGA
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Integrated Annexation Package- Design Review, Use Permit, and Variation from Standards
22480- 22490 Mt. Eden Road
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and
agrees to fully conform to and comply with said terms and conditions within the time required in
this Resolution by the City of Saratoga Planning Commission.
Applicant
Property Owner or Authorized Agent
Date
Date
Integrated Annexation Package- Design Review, Use Permit, and variation from Standards
22480- 22490 Mt. Eden Road
RE90LUIi0NNa. H-
ARESOLUTIONOFTILEQTYOFSARATOGAC IYCJOUNCII.
APPROVING AGRICULTURAL PRFS'ERVE/OPEN SPACE OVERLAY 7ANING AM�EIVT
AND GENER ALPLANAM�ENTFORAPROPERIYLOCATEDAT22480- 22490Mr EDEN
RD.
The City of Saratoga City Council finds and determines as follows with respect to the
above - described application:
L PmjectSti.mrmy
The City of Saratoga received an application for Agricultural Preserve /Open Space Overlay
(AP /OS) zoning amendment and General Plan amendment for two adjoining parcels located
at 22480 and 22490 Mt. Eden Road. The 35.13 acre parcel ( "Principal Property ") annexed
to the City in 2006 has a General Plan designation of Residential Hillside Conservation
(RHC) and a zoning designation of Hillside Residential (HR). The 2.68 acre parcel
( "Annexation Property ") which is the subject of a current annexation application has a Pre -
General Plan designation of Hillside Open Space (OS -H) and a Pre - zoning designation of
Hillside Residential (HR). The application is part of an integrated annexation package that
consists of six additional actions that are being considered under separate Resolutions.
These actions include Final Annexation Approval; Preannexation Agreement, parcel
merger; Williamson Act Contract; Conditional Use Permit and Variation from Standards;
and Design Review.
Because the two parcels would be merged into a single parcel, the entire 37.81 -acre
Merged Property should have a post - annexation General Plan designation of Residential
Hillside Conservation (RHC). The AP /OS overlay is required for land on which
Williamson Act contracts are executed and renewed and this 37.81 -acre Merged Property
will have a Williamson Act Contract covering it. The existing underlying zoning of
Hillside Residential (HR) is also being confirmed as applicable to the entire Merged
Property.
IL PlanningCmnwsionRcvicw
State law requires a recommendation from the Planning Commission on General Plan and
Zoning Ordinance amendments. On March 23rd, 2011 the Planning Commission held a
noticed Public Hearing on the proposed General plan and Zoning Amendments described
above, at which time all interested parties were given a full opportunity to be heard and to
present evidence and argument. The Planning Commission considered the General Plan and
Zoning Amendments, the Staff Report thereon, CEQA documentation, correspondence,
presentations from the applicant and the public, and all testimony and other evidence
presented at the Public Hearing.
The City of Saratoga Planning Commission reviewed and recommended approval of the
integrated annexation package, including a post - annexation General Plan designation for the
37.81 -acre Merged Property of Residential Hillside Conservation (RHC) and Agricultural
Preserve /Open Space (AP /OS) overlay zoning for said Merged Property.
IIL Fiwhu" italReview.
The Principal Property was annexed to the City in 2006 under an exemption from CEQA.
The annexation of the Annexation Property qualifies for an exemption from CEQA under
CEQA Guideline 15319 which exempts annexations to a city of areas containing existing
private structures developed to the density allowed by the current zoning or pre- zoning of
either the gaining or losing governmental agency whichever is more restrictive, provided,
however, that the extension of utility services to the existing facilities would have a capacity
to serve only the existing facilities. The Annexation Property qualifies for this exemption.
CEQA exempts the Preannexation Agreement, Parcel Merger, Land Conservation
(Williamson Act) Contract, General Plan Amendment, and Zoning Amendment because
they will all impose greater land use restrictions on the Merged Property than currently exist,
will involve no physical change to the environment, assure the maintenance, restoration,
enhancement, or protection of the environment, and it can be seen with certainty that there is
no possibility that the integrated annexation package may have a significant effect on the
environment (see CEQA Guidelines Sections 15308 and 15061(b)(3)).
IV. Approval
After careful consideration of the application for General Plan Amendment and Zoning
Amendment, CEQA documentation, and other materials, exhibits and evidence submitted to
the City in connection with this matter, the City Council does herby amend the Zoning
Ordinance and map and General Plan and map of the City of Saratoga as follows:
The entire 37.81 acre Merged Property shall have a post - annexation General Plan
designation of Residential Hillside Conservation (RHC) and an Agricultural
Preserve /Open Space (AP /OS) overlay zoning, and the existing underlying zoning of
Hillside Residential (HR) is also confirmed as applicable, to the entire Merged
Property.
The General Plan Amendment changing the General Plan Land Use Designation for
the 2.68 acre Annexation Property from Hillside Open Space (OS -H) to Residential
Hillside Conservation (RHC) is hereby approved in concept and directed to be
bundled for final adoption with the next City- initiated General Plan Amendment.
APPROVED by the City of Saratoga City Council this 20th day of April 2011 by the
following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
2
South Thunder LLC / 22480 - 22490 Mt. Eden Road - (APN 503 -09 -003 and 503 -09 -004)
SIGNED:
Howard A. Miller,
MAYOR OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor, City Attorney
ATTEST:
Arm Sullivan,
CLERK OF
SARATOGA
THE CITY OF
South Thunder LLC / 22480 - 22490 Mt. Eden Road - (APN 503 -09 -003 and 503 -09 -004)
EXHIBIT "C"
Situate in Section 3, Township 8 South, Range 2 West, Mount Diablo Base
and Meridian, County of Santa Clara, State of California and described as
follows:
Being the merged and combined lands of South Thunder LLC conveyed and
recorded August 4 2005 in Document # 18508248 and lands recorded
October 26, 2005 in Document #18643030, Santa Clara County Records and
more particularly described as follows;
Beginning at the Northwest corner of Parcel B, as shown on that Parcel Map
recorded December 16, 1997, filed in book 697, at page 34, Santa Clara
County Records;
thence easterly, southerly, westerly and northerly along the boundary of said
lands of South Thunder LLC, North 62 °34'43" East, also along the
boundary of said parcel B 246.25 feet to the beginning of a non - tangent
curve, concave southerly, having a radius 35.00 feet, a radial line to said
curve bears North 27° 11'41" West;
thence easterly along said curve through a central angle of 75 °01'41" an arc
length of 45.83 feet;
thence South 42 °10'00" East 190.00 feet to the beginning of a curve,
concave northerly, having a radius of 115.00 feet;
thence easterly along said curve through a central angle of 41 °00'08" an arc
length of 82.30 feet;
thence South 00'38'13" West 116.80 feet;
thence South 22 °35'00" East 88.44 feet;
thence South 43 °13'30" East 290.99 feet;
thence South 08 °25'00" East 39.38 feet to the southeasterly corner of said
Parcel B;
thence leaving said Parcel B South 08 °25'00" East 62.70 feet to the
southeast corner of said lands of South Thunder;
thence North 79 °45'00" West 223.74 feet;
thence North 87 °22'00" West 248.82 feet;
thence South 56 °30'00" West 125.40 feet;
thence South 66 °30'00" West 148.50 feet;
thence South 79 °30'00" West 97.68 feet;
thence North 89 °30'00"
West 92.40 feet;
thence South 83 °15'00"
West 116.16 feet;
thence North 43 °30'00"
West 99.00 feet;
thence North 87 °30'00"
West 66.00 feet;
thence South 86 °00'00"
West 154.44 feet;
thence North 52 °30'00"
West 42.24 feet;
thence North 83 °30'00"
West 112.86 feet;
thence North 84 °30'00"
West 83.82 feet;
thence North 79 °30'00"
West 112.20 feet;
thence North 85 °15'00"
West 83.16 feet;
thence North 57 °30'00"
West 62.04 feet;
thence North 69 °52'07"
West 146.11 feet;
thence South 72 °15'00"
West 168.30 feet;
thence South 36 °45'00"
West 94.38 feet to the southwest corner of said
lands of South Thunder;
thence North 03 °22'01"
West 980.88 feet to the northwest corner of said
lands of South Thunder;
thence South 89 °00'58"
East 1069.20 feet;
thence South 27 °21'21"
East 160.91 feet;
thence North 77 °12'00"
East 55.44 feet;
thence South 77 °36'00"
East 54.12 feet;
thence South 48 °16'00"
East 73.92 feet;
thence South 46 °42'00"
East 75.90 feet;
thence South 62 °48'00"
East 50.16 feet;
thence South 24 °43'00"
East 66.00 feet;
thence South 52 °16'00"
East 61.38 feet to the Point of Beginning.
APN 503 -09 -003
APN 503 -80 -004
Prepared by: Paul Jensen
Professional Land Surveyor #4627
Date: April 17, 2011
2
Draft
Last revised: 4122120119:39 AM
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE
OR TO ASSIST IN THE UNDERTAKING OF
ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED,
FOR THE PERIOD OF OCTOBER 1, 2011 TO SEPTEMBER 30, 2014
This Agreement ( "Agreement ") is entered into by and between the County of Santa Clara
( "County ") and ( "City ") relating to essential community
development and housing assistance activities funded by the Federal government.
RECITALS
a. That Congress has enacted the Housing and Community Development Act of
1974, as amended;
b. That Title I of the Act provides for a program of Community Development Block
Grants;
C. That Title I of the Act makes entitlement grants available to cities with a
population of 50,000 or more persons and to counties that qualify as an Urban
County;
d. That City is not eligible to apply directly for entitlement grants under the Act but
may, by entering into a cooperation agreement with County, qualify County as an
Urban County applicant and may thereby receive such funds;
e. That the parties hereto wish to enter into this Agreement to enable the County of
Santa Clara to apply for and receive entitlement funds as an Urban County and to
establish the respective rights and obligations of the contracting parties to such
funds.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Authorities.
This Agreement is made pursuant to Section 6500 et. seq. of the California Government Code
and constitutes an exercise of powers common to both City and County, each being empowered
to carry out the purposes of the grant in their own jurisdictions.
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April_ 22, 2011
This Agreement is further made pursuant to the Housing and Community Development Act of
1974, as amended.
All provisions contained in this Agreement that refer to the Housing and Community
Development Act of 1974, as amended, which provides for the distribution of CDBG funds, shall
also refer to the HOME Program under Title II (the Home Investment Partnerships Act) of the
National Affordable Housing Act of 1990, as amended.
2. Definitions.
For purposes of simplicity and clearer understanding, some of the definitions below have been
shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event
of any conflict between the definitions in this Agreement and those set forth in the Act and
Regulations, the latter shall govern.
a. "Act ": Title I of the Housing and Community Development Act of 1974, P.L. 93-
383, as amended.
b. "Applicant ": the County of Santa Clara applying as an Urban County.
C. "Regulations ": the rules and regulations of the U.S. Department of Housing and
Urban Development; particular reference is made to those regulations stated in 24
Code of Federal Regulations Part 570 (containing the general regulations of
Community Development Block Grants) and Part 58 (containing the regulations
on the Federal Environmental Review Procedures).
d. "County ": the County of Santa Clara through action by its Board of Supervisors.
e. "Board of Supervisors ": the County's legislative body which is the legal recipient
of the Community Development Block Grant from HUD and is legally
responsible for the administration of the Urban County HCD Program.
f. "City ": is the city or town that is a party to this Agreement; such city or town may
be referred to as a "Non- Entitlement City," that is, a city which cannot directly
apply for or receive funds through cooperation agreements with the HUD.
g. "Urban County ": a county that is (1) in a metropolitan area; (2) authorized by state
law to undertake essential community development and housing assistance
activities within its unincorporated areas, and (3) has a population of 200,000 or
more within its unincorporated areas and units of general local government (cities)
within the county with which it entered into cooperation agreements to undertake
or to assist in the undertaking of eligible activities.
2
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
h. "Urban County Technical Advisory Committee ": HCD staff persons of the
County and cities participating in the Urban County HCD Program, chaired by the
County staff person.
i. "Application ": the application for a grant to be submitted by the County,
as an Urban County, for entitlement funds under Title I of the Act.
"HUD ": the United States Department of Housing and Urban Development.
k. "HCD ": Housing and Community Development, the Urban County's program to
address housing and community development needs of lower income persons in
the County of Santa Clara.
"CDBG ": Community Development Block Grant, a federal program administered
by HUD which provides funding to eligible entitlement Cities and Urban Counties
to address housing and community development needs of lower income persons.
m. "Grant ": the CDBG funds allocated by HUD to the County of Santa Clara as the
legal recipient of the Community Development Block Grant for the Urban County.
n. "HOME ": the HOME Investment Partnership Program, a federal program
administered by HUD to assist in addressing the affordable housing needs of
lower income persons in Santa Clara County through such means as new housing
development and construction; acquisition and rehabilitation of existing housing
units; and provision of emergency rent subsidies.
o. "HCD Advisory Committee ": an advisory committee established by the Board of
Supervisors of the County to be the policy recommending body to the Board of
Supervisors for the HCD Program. As described in the Public Participation Plan,
the 20- member body shall be composed of both elected officials and public
members from the Urban County. The County Board of Supervisors shall appoint
one member of the Board of Supervisor to serve as the chair of the HCD Advisory
Committee and one public member from each of the five County supervisorial
districts to serve on the HCD Advisory Committee. The seven participating cities
each appoint one council member and one public member to serve on the HCD
Advisory Committee. The role of the HCD Advisory Committee shall be to guide
the development of a comprehensive HCD Program, hear project proposals,
review Urban County Technical Advisory Committee recommendations, and
make recommendation to the Board of Supervisors.
P. "Public Participation Plan ": the plan adopted by the Board of Supervisors of the
County which outlines the opportunities and process for citizen input on matters
pertaining to planning, monitoring, and evaluation of the Urban County HCD
projects.
3
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
q. "Guiding Principles ": the document developed by the Technical Advisory
Committee and approved by the HCD Advisory Committee identifying roles and
guiding implementation of the HCD Program, including the establishment of local
priorities, funding categories and fair share amounts reserved for participating
jurisdictions.
"Local Priorities Plan ": the plan developed by the Technical Advisory Committee
and approved by the HCD Advisory Committee setting forth Project Proposal
evaluation criteria to prioritize the funding of projects the cities have identified
and to assure geographical balance. The Local Priorities Plan will be reviewed
and approved annually by the Technical Advisory Committee for inclusion in the
annual HCD RFP.
"Project Proposals ": requests for an allocation of CDBG or HOME funds
submitted by eligible applicants to implement specific eligible CDBG or HOME
activities, as defined by HUD.
"Consolidated Plan ": describes the housing conditions and goals to address the
housing needs of lower income persons, and identifies specific housing actions to
be taken by the Urban County to address its housing needs. The Consolidated
Plan also serves as a guide for HUD in the distribution of assisted housing
resources to communities.
U. "OAH ": Office of Affordable Housing, the office established by the County of
Santa Clara Board of Supervisors to operate the County's housing programs and to
assist in the development of affordable housing for low and lower income
residents of Santa Clara County.
3. Purpose of Agreement.
This Agreement is formed to meet the requirements and purposes of the Act and Regulations
with respect to the application for an entitlement grant pursuant to Title I of the Act and to
establish the respective rights of the parties to such grant.
The purpose of this Agreement shall be accomplished in the manner hereinafter set forth.
4. Cooperation Agreement.
a. The parties hereto agree to cooperate in undertaking, or assist in the undertaking
of essential activities as defined in the Act and Regulations thereunder for the
term of this Agreement. More specifically, the parties hereto agree to cooperate in
undertaking, or to assist in the undertaking, community renewal and lower income
housing assistance activities.
4
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
b. City and County will take all actions within their power to assure compliance with
the Urban County's certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, including
provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil
Rights Act of 1968; Section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws and requirements of the
application and grant.
C. City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the
same requirements applicable to subrecipients, including the requirement of a
written agreement as set forth in 24 CFR 570.503. City understands and agrees
that should it fail to comply with such requirements or with the terms of this
Agreement, that funds which may be allocated to City during the effective dates of
this Agreement may be terminated, or reduced or otherwise limited in accordance
with the Act and Regulations.
d. All units of general local government participating in this Agreement understand
and agree that they may not apply for grants under the Small Cities or State CDBG
Programs from appropriations for fiscal years during the period in which they are
participating in the Urban County's CDBG Program.
e. All units of general local government (i.e. Cities and the County) participating in
this Agreement understand and agree that they may not participate in a HOME
program except through the Urban County.
f. The County will submit to the City the Joint Exercise of Powers Agreement and
Cooperation Agreement to be signed by the City if it chooses to participate in the
Urban County Program. If a City decides not to participate in the Urban County
program by not signing a Joint Exercise of Powers Agreement and Cooperation
Agreement, it may not be eligible to receive Urban County entitlement CDBG
funding for three successive program years commencing on October 1, 2011 and
ending September 30, 2014.
g. Upon qualifying, the County will remain an Urban County (including its
unincorporated areas and the included units of general local government) for a
period of three years. That is, during the three year qualification period no
included units of general local government can be removed from the Urban
County, nor can any additional units of general local government generally be
included in the Urban County during that period. To assure that included units of
general local government remain an effective part of the Urban County for the
entire three year qualification period, this cooperation Agreement between the
Urban County and its included units of general local government covers three
successive program years.
5
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
h. All units of general local government participating in this Agreement understand
and agree that this Agreement remains in effect until the CDBG and HOME funds
and income received with respect to the three -year qualification period (and in any
successive qualification periods under agreements that provide for automatic
renewals) are expended and the funded activities completed, and that the County
and participating units of general local government may not terminate or withdraw
from this Agreement while this Agreement remains in effect.
i. All units of general local government participating in this Agreement have
adopted and are enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within their own jurisdiction against any individuals
engaged in non - violent civil rights demonstrations.
j. All units of general local government participating in this Agreement have
adopted and are enforcing a policy of enforcing applicable state and local laws
against physically barring entrance to or exit from a facility or location which is
the subject of such non - violent civil rights demonstrations within jurisdictions.
5. Administration of Agreement.
a. The officers and agents of both parties will cooperate in furnishing information
and assistance necessary for the preparation, completion, and filing of the
County's application with HUD in accordance with the requirements of the Act
and the Regulations. The City shall provide opportunities for public participation
as described in the Urban County Public Participation Plan.
b. The City shall submit to the County all necessary information required for the
completion of a Consolidated Plan in the form required by HUD. This
information will detail the City's commitments to providing housing assistance to
low and very low income persons within the City. The local commitments to
housing assistance by the cities will be incorporated into the Urban County's
Consolidated Plan, which will be reviewed by HUD to determine the local
commitments to address housing needs of low to very low income persons.
C. The County shall not alter or amend the information furnished to County by cities
in compliance with the Act and Regulations and consistent with identified Urban
County needs and priorities, the County shall have full authority and necessary
control of the preparation and filing of it's Application for Federal Assistance to
HUD and of other papers and documents in support thereof.
6. Term of Agreement.
n
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
This Agreement shall become effective upon full execution by the governing bodies of County
and of City and it shall remain in full force and effect through September 30, 2014.
7. Guidinlz Principles
The Technical Advisory Committee shall develop Urban County Guiding Principles for approval
by the HCD Advisory Committee to identify roles, establish goals, and guide implementation of
the HCD Program. The Guiding Principles will also include a Local Priorities Plan, establish
funding categories, and describe fair share amounts reserved for the jurisdictions.
8. Project Proposals.
Any and all Project Proposals for eligible HCD activities, including those of the City, shall be
submitted directly to the County during its funding cycle by eligible applicants. Project
Proposals must meet the eligibility criteria within one of the funding categories contained in the
Guiding Principles. All Proposals for Public Service must be submitted directly to the County.
Annual funding shall be reserved in equal amounts for each of the participating jurisdictions for
up to two eligible capital projects in each of the participating jurisdictions as stated in the
Guiding Principles. The Technical Advisory Committee shall review and comment on all Project
Proposals and make recommendations to the HCD Advisory Committee. Review and comment
on City proposed projects shall be to determine HUD eligibility only.
9. Grant Disbursement.
a. City understands and agrees that CDBG and HOME funds disbursed under this
Agreement are the obligation of County and that such obligation of the County is
dependent upon the qualification of the County as an Urban County applicant and
upon the availability of federal funds to implement Title I of the Act.
b. Funds disbursed to the City and other subrecipients will be expended on eligible
activities as described in the HCD Consolidated Plan and approved by the Board
of Supervisors. The Consolidated Plan includes goals and strategies to address
housing and community development needs in the Urban County. The HCD
Consolidated Plan 2010 -2015, as approved by the HCD Advisory Committee, the
Board of Supervisors, and HUD, identifies the following Goals in its Strategic
Plan:
1. Assist in the creation and preservation of Affordable housing for lower
income and special needs households.
2. Support activities to end homelessness
3. Support activities that provide basic services, eliminate blight, and /or
strengthen neighborhoods
4. Promote environmental sustainability
7
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
In addition, a Local Priorities Plan for the Urban County, including evaluation
criteria, will be developed by the Technical Advisory Committee and approved by
the HCD Advisory Committee for incorporation into the Guiding Principles and
the HCD Request for Proposals (RFP).
d. Parties hereto agree that Urban County funding will be prohibited for activities in
or in support of any participating City that does not affirmatively further fair
housing within its own jurisdiction or that impedes the County's actions to
comply with its fair housing certification.
After the deadline for submission of Project Proposals, the Urban County
Technical Advisory Committee will evaluate on a competitive basis the Project
Proposals according to the goals, strategies, priorities, and criteria noted above
and develop recommendations on projects to be funded. City sponsored Project
Proposals will be evaluated for HUD eligibility only. These recommendations
will be reviewed by the HCD Advisory Committee for recommendation to the
Board of Supervisors. and forwarded to the Board of Supervisors for final
approval.
f. Prior to final approval by the Board of Supervisors and submittal to HUD for
funding, the Urban County Technical Advisory Committee report and the HCD
Advisory Committee recommendations will be reviewed at a public hearing
before the Board of Supervisors. The Board of Supervisors will make final
decisions regarding all applications.
g. Upon approval of the CDBG and HOME application and the release of funds by
HUD, the City and other subrecipients may begin implementation of approved
activities. Information on the progress of approved activities will be submitted to
the County on a quarterly basis during the program year, the activities are being
carried out. This information will be included in the Urban County's monitoring
reports which are reviewed by HUD during the program year. Projects which fail
to meet schedules according to the approved time schedule will be evaluated
according to the process detailed in the Urban County CDBG and HOME
Contract and approved Reprogramming Guidelines.
10. Areas of HousinIZ Authority Operation.
Nothing herein shall affect the rights and obligations of the parties with respect to any agreement
which the City may have with the Housing Authority of the County of Santa Clara (HACSC).
11. Services, Equipment and Property; Reimbursement.
County shall provide or be primarily responsible for providing the services, equipment and other
property necessary for the planning, preparation and filing of the CDBG application and for the
8
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
administration of the grant funds subject to the right of the County to seek reimbursement for
actual expenses and costs of furnishing such services, equipment and property. Subject to the
provisions of the application or of the grant award made thereon, all property furnished by
County as herein -above described shall belong to County during the term of this Agreement and
after its termination.
At the termination of the CDBG program, all property and equipment acquired with CDBG funds
will be subject to the requirements and conditions of OMB Circular A -102 Attachment N,
Property Management Standards.
12. Program Income.
a. On an annual basis, the City shall report to the County any gross income directly
generated from the use of CDBG funds.
b. Any such program income generated by the City must be reported to the County
and may be either paid to the County or the City may retain the program income
subject to requirements set forth in Santa Clara County Community Development
Block Grant Program Reallocation Guidelines and in accordance with all CDBG
requirements.
Any program income the City is authorized to retain may only be used for eligible
activities in accordance with all CDBG requirements as may apply.
d. The County has the responsibility for monitoring and reporting to HUD on the use
of any such program income, thereby requiring appropriate record keeping and
reporting by the City as may be needed for this purpose.'
In the event of close -out or change in status of the City, any program income that
is on hand or received subsequent to close -out or change in status shall be paid to
the County, with the exception of program income generated by an approved
rehabilitation program and held in a revolving loan fund. Such revolving loan
fund amounts shall be maintained and used for housing rehabilitation activities
that meet all existing and subsequent HUD regulations and requirements. All
rehabilitation activities must benefit low and moderate income households.
The purpose of this provision is to enable the City to continue a housing
rehabilitation program in the event of close -out or a change in status of the City.
Such program income shall not be used for any purpose other than housing
rehabilitation for the benefit of low and very low income households. On an
annual basis the City shall submit to the County written certification that such
program income shall be used for these established housing rehabilitation
purposes.
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
13. Revolving Loan Fund.
a. The City is allowed to retain a separate fund in conjunction with a single family
home rehabilitation program for eligible activities in accordance with all CDBG
requirements as may apply. The Revolving Loan Fund cash balance must be held
in an interest bearing account and the interest must be remitted to the County
annually. The County, in turn, remits the interest to HUD.
b. Eligible activities for single family home rehabilitation may be funded only
through loans, which, in turn, generate payments to the Revolving Loan Fund for
use in carrying out the same activities.
C. The City may elect to transfer its Revolving Loan Fund and its single family home
rehabilitation program to such that the City Revolving Loan Fund shall be
consolidated with the Urban County Revolving Loan Fund and the City's single
family home rehabilitation program shall be consolidated with the Urban County
Housing Rehabilitation Program, in accordance with HUD regulations and
following written approval by the City and County of the terms and conditions to
such consolidations.
14. Records.
City and County shall maintain appropriate books, records, files, and accounts relating to the
receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec
570.503 as they relate to the application, acceptance, and use of federal funds for this federally
assisted program and any other records imposed by County's contract with HUD. All such
books, records, files and accounts shall be made available for inspection at reasonable times and
places by authorized representatives of City, County, and HUD or any other person authorized by
the Act or the Regulations.
15. County Disbursement of Funds.
The Director of Finance of the County shall receive and have custody of all funds until disbursal
of such funds to be made in a manner designated by the County.
16. ContractualObli2ations.
It is expressly understood and agreed that, as the applicant to HUD, County must take the full
responsibility and assume all obligations of an applicant under the Act and that HUD will look
only to the County in this regard. However, County assumes no responsibility nor liability
towards City for any failure to include City in the application as a result of City's failure to
supply County with information necessary to prepare and file the application, or as a result of
City's failure to supply County with such information, upon designated dates, or as a result of
City's failure to comply with the Act and the Regulations.
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
17. Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses
or liabilities incurred by a party shall not be shared pro rata but instead the County and City agree
that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify
and hold each of the other parties, their officers, board members, employees and agents, harmless
from any claim, expense or cost, damage or liability imposed for injury (as defined by
Government code Section 810.8) occurring by reason of the negligent acts or omissions or willful
misconduct of the indemnifying party, its officers, employees or agents, under or in connection
with or arising out of any performance of obligations required by this Agreement, the Act,
Application, Regulations or other applicable laws relating to this Agreement delegated to such
party under this Agreement. No party, nor any officer, board member, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officer, board members,
employees or agents, under or in connection with or arising out of any performance of
obligations required by this Agreement, the Act, Application, Regulations or other applicable
laws relating to this Agreement delegated to such other parties under this Agreement.
18. Discretionary Actions.
Nothing herein contained shall be construed to prohibit the City from exercising its discretion on
any legislative quasi-judicial and /or administrative matter (including but not limited to any action
involving zoning of General Plan amendments). Nothing herein shall compel the City to take
any action on any matter save and except as expressly required in this Agreement. It is
understood and agreed that the City does not by this Agreement commit itself or delegate the
exercise of any of its police powers in any matter whatsoever save and except as expressly set
forth in this Agreement.
19. Timeliness.
When any action is required hereunder upon request for action on a document or material
furnished by the County to the City said request for action on a document or material shall be
furnished at least 30 days prior to the date said action is required in order to allow sufficient time
for the City to review and act on said document or material.
Time is of the essence in this Agreement.
20. Severability.
Should any part, term, provision of this Agreement be judicially determined to be illegal or in
conflict with any law of the State of California or any law of the United States, or should any
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual, the
validity of the remaining portions or provisions shall not be affected thereby.
21. Section Headings.
All section headings contained herein are for the convenience of reference only and are not
intended to define or limit the scope of any provision of this Agreement.
22. Notices.
Any notice, tender, or delivery to be given hereunder by either party to the other may be effected
by personal delivery in writing or by certified mail, return receipt requested.
Mailed notices shall be addressed as set forth below. Each party may change its address by
written notice in accordance with this Section.
IN WITNESS WHEREOF, parties hereto have executed this Agreement on the dates set forth
below.
CITY /TOWN OF
Mayor (Print name)
City /Town Council
Attest:
City /Town Clerk
Approved as to form and legality:
City /Town Attorney
COUNTY OF SANTA CLARA
Dave Cortese, President
Board of Supervisors
Attest:
Clerk, Board of Supervisors
Approved as to form and legality:
llt
Deputy County Counsel
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
Date:
13
Date:
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011
RESOLUTION NO:
RESOLUTION AUTHORIZING THE CITY /TOWN MANAGER
OF THE CITY /TOWN OF TO ENTER INTO A
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE
OR TO ASSIST IN THE UNDERTAKING OF
ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED
FOR THE PERIOD OF OCTOBER 1, 2011 - SEPTEMBER 30, 2014
WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended;
WHEREAS, Title I of the Act provides for a program of Community Development Block Grants;
WHEREAS, Title I of the Act makes entitlement grants available to cities with a population of 50,000 or
more persons and to counties that qualify as an urban county;
WHEREAS, the City/Town of is not eligible to apply directly for entitlement funds
under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county
applicant and may thereby receive such funds;
WHEREAS, the parties hereto wish to enter into an agreement to enable the County of Santa Clara to apply
for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the
contracting parties to such funds;
NOW, THEREFORE, BE IT RESOLVED that the City/Town Council does hereby authorize the
City /Town Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County
of Santa Clara. To Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the
Housing and Community Act of 1974, as Amended for the Period of October 1, 2011 — September 30, 2014.
AYES:
PASSED AND ADOPTED at a regular meeting of the City /Town Council of the City/Town of
this day of 2011 by the following vote:
NOES:
ABSTAIN:
ABSENT:
MAYOR (Print Name)
City/Town Council
ATTEST:
CITY /TOWN CLERK
JPA Resolution 2/28/11
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County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
April 22, 2011