HomeMy WebLinkAbout11-05-2003 City Council Agenda Packet
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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 5, 2003
CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER - 6:00P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:00 P.M.
Conference with Legal Counsel- Threatened Litigation: Significant exposure to
litigation pursuant to Govemment Code section 54956.9(b): (2 potential cases)
REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
. AT 13777 FRUlTV ALE AVENUE
MAYOR'S REPORT ON CLOSED SESSION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
October 31, 2003.)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-A!!endized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the Council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions
None
ARCHIVE COPY
Written Communications
None
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Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. Proclamation - Declaring Week of November 16-22, 2003 as Hunger and
Homelessness Awareness Week
Recommended action:
Present proclamation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be .
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2A. Review of Check Register
Recommended action:
Approve check register.
2B. Planning Action Minutes - October 8, 2003
Recommended action:
Note and file.
2C. Modifications of Section 218 Agreement - Medicare Coverage for Employees
Hired Prior to April I , 1986
Recommended action:
Adopt resolution.
2D. Resolution of Intent to Amend Subdivision Regulations Relating to Storm Water
Management
Recommended action:
~=~ .
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2E. Design Services for City of Saratoga's Historical Park Master Plan
Recommended action:
Approve amendment to existing contract with Greg Ing and Associates; authorize
City Manager to execute amended contract.
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2F. Status of Tree Protection Fencing at 124480 Oak Place (Cutler)
Recommended action:
Accept report:
2G. 2002 Pavement Management Program - Notice of Completion
Recommended action:
Accept Notice of Completion.
2H. Council Resolution to Endorse Santa Clara Valley Transportation Authority's
Community Design and Transportation (CDT) Program.
Recommended action:
Adopt resolution.
PUBLIC HEARINGS
(Applicants/Appellants and their representatives have a total often minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council '8 approval at the Council meeting)
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3.
Appeal of a Planning Commission Decision to Approve a Use Permit Application
to Install Six Panel Antenna and an Uncovered Equipment Enclosure at the
Location of an Existing Utility Lattice Tower Near Congress Springs Park Along
the Railroad Tracks at Glen Brae and Chardonnay Court.
Recommended action:
Conduct public hearing and adopt resolution.
4. Five Year (2001-2006) Capital Improvement Plan - Fiscal Year 2003/2004 Update
Recommended action:
Adopt resolution amending 2001-2006 CIP Budget reflecting Council direction
from the October 15, 2003, City Council Meeting; Consider additional candidate
CIP Projects as listed in the report and Review Projects in the adopted CIP and
amend their funding levels if desired; Open the Public Hearing for the F.Y. 03/04
CIP Update; Consider funding levels for candidate CIP Projects approved by the
City Council for inclusion in the F.Y.03/04 CIP Update: Continue Public Hearing
to the December 17, 2004, City Council Meeting to allow the appropriate review
by the Planning Commission and Finance Commission prior to final
approval of the Updated 2001-2006 CIP.
5. Zoning Ordinance Amendment - Revisions to Article 15-06-Definitions
Recommended action:
Conduct Public Hearing; grant first reading.
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6.
Consideration of Proposed Ordinance Regarding Towing and Removal of Boats,
Trailers and Inoperative Motor Vehicle from Private and Public Property
Recommended action:
Conduct Public Hearing; read title of proposed ordinance; waive reading of full
ordinance; direct staff to place ordinance on consent calendar for second reading.
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OLD BUSINESS
7. CitylSchool Ad Hoc Committee
Recommended action:
Accept report and direct staff accordingly.
8. Saratoga Historic Museum Improvements
Recommended action:
Accept report and determine project scope and funding source.
9. Saratoga Civic Center Fire Alarm Project
Recommended action:
Declare Omnitronics, Inc. to be the lowest bidder; award contract; authorize
change orders up to $4,800.
NEW BUSINESS
10. Use of Adult Care Center for Televised Council Meetings
Recommended action:
Accept report and direct staff accordingly.
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11. Proposed City Council Meeting Calendar for 2004
Recommended action:
Accept report and direct staff accordingly.
AGENCY ASSIGNMENT REPORTS
Mavor Nick Streit
Chamber of Commerce
Hakone Foundation Liaison
Santa Clara County Cities Association
Santa Clara County Valley Water Commission
Vice Mavor Ann Waltonsmith
County Cities Association Legislative Task Force
Saratoga Historic Foundation
SASCC Liaison
Valley Transportation Authority PAC
Councilmember Kathleen King
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Sister City Liaison
West Valley Solid Waste Joint Powers Association
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Councilmember Norman Kline
Association of Bay Area Government
Library Joint Powers Association
Peninsula Division, League of California Cities
Councilmember Stan Bogosian
County HCD Policy Committee
Emergency Plarming Council
Silicon Valley Animal Control JPA
West Valley Sanitation District
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269
or ctclerk@Saratoga.ca.us. Notification 48 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35. I 02-35. I 04 ADA Title II).
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2003
11/19 Regular Meeting
12/3 Regular Meeting
12/9 Special Meeting - Council Reorganization
12/17 Regular Meeting
01/7 Regular Meeting
01/21 Regular Meeting
02/4 Regular Meeting
02/18 Regular Meeting
03/3 Regular Meeting
03/17 Regular Meeting
5
SARATOGA CITY COUNCIL
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MEETING DATE: November 5, 2003
AGENDA ITEM:
CITY MANAGER: ~ 5 ~
ORIGINATING DEPT: City Manager's Office
PREPARED BY:
DEPT HEAD:
Cathleen Rover. Citv Clerk
SUBJECT: Proclamation Declaring November 16-22, 2003 as "Hunger And
Homelessness Awareness Week"
RECOMMENDED ACTION:
Present proclamation.
REPORT SUMMARY:
Attached is a proclamation declaring the week of November 16-22, 2003 as "Hunger And
Homelessness Awareness Week".
Bob Dolci, Director of the Singles Division, will be accepting the proclamation on behalf ofthe
. Emergency Housing Consortium.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
NIA
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
. ATTACHMENTS:
Attachment A - Copy of copy of proclamation
CITY OF SARA TOGA
PROCLAMATION DECLARING
HUNGER AND HOMELESSNESS AWARENESS WEEK
NOVEMBER 16-22, 2003
WHEREAS, the County of Santa Clara, although one of the most creative and
successful communities, is also faced with a housing crisis that makes homelessness a
reality for thousands of individuals and families each year; and
WHEREAS, each year, one week before Thanksgiving, the National Coalition
for the Homeless and the National Student Campaign Against Hunger and
Homelessness co-sponsor Hunger and Homelessness Awareness Week; and
WHEREAS, Emergency Housing Consortium (EHC) is participating with
numerous agencies in planning educational, fundraising and volunteer activities that
will raise awareness about these challenges in Santa Clara County; and
WHEREAS, the City of Saratoga is committed to assist the homeless and
hungry with necessary human services, temporary shelter and affordable housing both
directly and through support of nonprofit housing and social service agencies; and
NOW THEREFORE BE IT RESOLVED, that Mayor Nick Streit and the City
Council of the City of Saratoga does hereby proclaim November 16-22, 2003 as
HUNGER AND HOMELESSNESS AWARENESS WEEK
In the City of Saratoga
And calls upon the residents of the City of Saratoga to be generous in their volunteer
efforts and financial support of programs seeking to end hunger and homelessness.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on
this 5th day of November 2003.
Nick Streit, Mayor
Saratoga, California
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SARATOGA CITY COUNCIL
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MEETING DATE: November 5, 2003 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGE(~i~+J
PREPARED BY: Jaye Tkachql DEPT HEAD: (.;¡¿x¿j 'fÞ.þne h«!';(dl..-
SUBJECT: Check Register: 10/17/03
RECOMMENDED ACTION(S):
Approve the Check Register.
REPORT SUMMARY:
Attached is the Check Register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
AL TERNA TIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
Fund# Fund Name Date Manual Void
10/17/2003 Checks Checks
AP CHECKS A94420-94576
1 GENERAL 143,737.55 1,418.28
100 COPS-SLESF 736,04
110 Traffic Safety
150 Streets & Roads 32,738.50
180 LLA Districts 16,176.71
250 Dev Services 16,058.17
260 Environmental 55,414.57
270 Housing & Comm 30.43
290 Recreation 16,646.47
291 Teen Services 1,430.96
292 Facility Ops 219.05
293 Theatre Surcharge 19.02
310 Park Develpmt
320 Library Expansion
351 Public Safety 21,752.01
352 Infrastructure 3,098.00
353 Facility
354 Park and Trail 3,719.64
400 Library Debt
420 Leonard Creek 285.46
720 Cable TV
740 PD#3 288,97
800 Deposit Agency
Subtotal 312,351.55 1,418.28
PAYROLL CHECKS: 829422-29451
TOTAL
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2003
2ß
CITY MANAGER: &----7 ¿:;::;1'
~.
.c::---
AGENDA ITEM:
DEPT: Community Development
PREPARED BY: Kristin Borel
DEPT HEAD:
SUBJECT: Planning Commission Actions, October 22, 2003
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached are the Plarming Commission Action Minutes of October 22, 2003
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
NIA
ALTERNATIVE ACTION(S):
NIA
FOLLOW UP ACTlON(S):
NIA
ADVERTISING, NOTICING AND PUBLIC CONTACT:
NIA
ATTACHMENTS:
Action Minutes - Saratoga Planning Commission
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CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
e
DATE:
PLACE:
TYPE:
Wednesday, October 22, 2003 - 7:00 p.m.
Council Chambets/Cívic Theater, 13m Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL:
Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl,
Ruchi Zutshi and Chair Jill Hunter
Commissioner Barry
Planners livingstone, Oosterhous &: Vasudevan, Director Sullivan and Minutes Clerk Shinn
ABSENT:
STAFF:
PLEIJGE OF ALLEGIANCE
MINUTES:
Draft Minutes from Regular Planning Commission Meeting of October 8,2003. (APPROVED 6-0)
ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to three minutes on
matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. Howf\ler,
the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 16, 2003,
e
REPORT OF ApPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may me an "Appeal Application" with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
CONSENT CALENDAR
None
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. If you challenge a decision of
the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those
issues you or someone else raised at the public hearing( s) described in this agenda, or in written
correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order
to be included in the Planning Commission's information packets, written communication should be filed on
or before the Monday, a week before the meeting.
1. APPLICATION ;1103-164 (510-06-013) SIDDIQI, 19102 Austin Way; Request for design review
approval to construct a 5,476 square foot one story residence. The maximum height of the
proposed one story residence is 23 feet. The site is zoned R-l 40,000 and the lot size is 47,045 ..
squarefeet. (CHRISTYOOSTERHOUS) (APPROVED 6-0) ..,
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2. APPLICATION #03-22I, (386-52-020) FRAZIER (Appellant), MIKL/ESSEX PROPERTIES
(Applicant), 20305 Seagull Way; Appeal of Administrative Design Review Application #03-
151; A neighbor has filed an appeal of an adrrúnistrative design review application to substantially
remodel and construct additions to an existing two-story residence. The applicant proposes a
1,315 square foot addition on the ground floor and a 93 square foot addition on the second floor. The
property is 11,598 square feet and is zoned R-HO,OOO. Appellant Frazier has filed an appeal of this
application pursuant to Municipal Code Section 15-45.065(c) after receiving a "Notice of Intent to
Approve." (LATA VASUDEVAN) (TIED 3-3, HUNTER, NAGPAL is;¡: SCHALLOP TO DENY
APPEAL, VOTE OF 6-0 ON MOTION TO SUBMIT A LANDSCAPE PLAN)
3. APPLICATION #03-159 (503-27-029) ESTAHBANATY, 14250 Elva Avenue; Request for
design review approval to demolish the existing home and construct a 2,876 square foot two-story
residence with a maximum height of 24 feet. The property is 7,500 square feet and is zoned R-l-
10,000. (LATA VASUDEVAN) (APPROVED 6-0)
4. APPLICATION #03-215 (393-26-040) INGLE, 19817 Braemar Drive; The applicant has filed an
appeal from an administrative decision denying approval of a newly constructed retaining waIl
located within the front yard of the above noted property. The 55-foot long concrete block wall
ranges from 26 inches to 75 inches in height across the front of the property, which is located in
the R-l, 10,000 District. (ANN WELSH) (UPHOLD DENIAL 6-0)
DIRECTORS ITEM
None
COMMISSION ITEMS
None
COMMUNICATIONS
WRlTTEN
City Council Minutes from Regular Meetings on September 17, 2003.
ADJOURNMENT AT 9:45 PM TO THE NEXT MEETING
Wednesday, November 12, 2003, at 7:00 p.m. in the Council ChamberslCivic Theater
13777 Fruitvale Avenue, Saratoga, CA
If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@saratoga,ca.us
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SARATOGA CITY COUNCIL
MEETING DATE:
November 5, 2003 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: Lori Burns. Human Resource Analvst DEPT HEAD'
SUBJECT: Modification of Section 218 Agreement - Medicare Coverage for Employees
Hired Prior to April 1, 1986.
RECOMMENDED ACTlON(S):
Adopt resolution to authorize a modification of the August 7, 2002, Section 218 Agreement with
the Social Security Administration and Public Employee Retirement System (PERS) allowing
employees hired prior to April 1, 1986, who did not elect Medicare Coverage, to submit a
Request for Transfer into Medicare Coverage.
REPORT SUMMARY:
Current law mandates that employees hired prior to April 1, 1986, are not required to contribute
to Social Security's Medicare; employees hired after that date are required to contribute, and as
such, are earning qualifying credits towards Medicare benefits.
An individual must have 40 (forty) quarters of qualifying employment to be eligible for Medicare
benefits. These qualifYing quarters may be earned at any employer where Medicare taxes were
paid, at the City of Saratoga for employees hired prior to 1976 or after April 1, 1986, and/or at
the City of Saratoga after a new Section 218 Agreement goes into effect. One may also be
eligible through a spouse's qualifYing employment.
On August 7, 2002, City Council authorized a division allowing employees hired prior to April 1,
1986, to elect to contribute to Social Security's Medicare, thus earning qualifYing credits towards
Medicare benefits. Allowing employees to participate Medicare, and making the mandatory
employer contribution, is a way that employers can provide a basic level of health care for
qualified retirees.
The Social Security Administration and Public Employee Retirement System (PERS) have a
procedure that allows for a modification of the Division. By law the effective date of those
employees who elect to participate at this time wil1 be retroactive to November 1, 2002.
!
Employees, who declined to participate at that time for various reasons, have requested that the .
City of Saratoga authorize a modification to allow participation.
FISCAL IMPACTS:
There is a cost to the employee of 1.45% of earnings and an equal cost to the employer.
The cost to the City is 1.45% of participating employees' salary retroactive to November 1, 2002,
and going forward. Preliminary indications are that only two of the seven employees eligible for
this modification may participate. Under that scenario, the approximate cost is $2,823.00 for the
first year with annual costs to increase as salary increases. In the unlikely event that all seven
elect to participate, the approximate cost to the City for the first year is $6,840.00 with annual
costs increasing as salary increases.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City would not be able to provide employees hired prior to April 1, 1986, who declined the
first time, the opportunity to qualify for Medicare, as previously agreed.
ALTERNATIVE ACTION(S):
None.
.
FOLLOW UP ACTION(S):
Direct staffto forward a copy of adopted resolution to PERS.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
A) Transfer Request Resolution
B) Statement of Information
C) List of eligible employees
D) Copy of Right to Transfer
E) Copy of Request for Transfer Form
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Attachment A
Return to: California Public Employees' Retirement System
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
TRANSFER REQUEST RESOLUTION
WHEREAS, the City of Saratoga hereinafter designated as "Public Agency",
established a "deemed" retirement system pursuant to Section 218( d)(6) ofthe Federal
Social Security Act composed of positions of members of the California Public
Employees Retirement System, desiring "Medicare-Only" coverage under the Health
Insurance system established by said Act as amended; and
WHEREAS, Section 218 (d)(6)(F) of the Social Security Act and Section 22155
of the California Government Code permits the transfer of positions of members not
otherwise included, and members as defined in Section 22015 of the Government
Code, to the deemed retirement system so established upon the filing of a request by
the member with the State; and
WHEREAS, State and Federal law and regulations require, as a condition of
such coverage, that Public Agency take action set forth herein;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Administration,
California Public Employees' Retirement System, be and hereby is requested to
execute a modification to the California State Social Security Agreement to effect the
transfer of members, including members as defined in Section 22015 of the
Government Code, who so request on a timely and valid basis, to the "deemed"
retirement system established pursuant to Section 218( d)(6) of the Federal Social
PERS-MED40T (1/99)
-J-
TRANSFER RESOLUTION (MEDICARE)
Security Act composed of members of the California Public Employees Retirement
System desiring coverage under the Health Insurance system established by said Act
as amended; and
BE IT FURTHER RESOLVED, that the said modification contain the same terms,
conditions, and effective date of coverage with respect to services performed in
positions covered by the California Public Employees Retirement System with respect
to the said members who so request on or before December 22, 2003 . and
BE IT FURTHER RESOLVED, that Lori Burns, Human Resource AnalYEt
is hereby designated and appointed to give notice to members of their transfer rights
including members as defined in Section 22015 of the California Government Code and
to furnish transfer request forms.
Presiding Officer
Official Name of Public Agency
PERS-MED-40T (1/99)
-2-
1RANSFER RESOLUTION (MEDICARE)
I
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I,
(Name)
(Title)
of the
, State of
California, do hereby certify the foregoing to be a full, true, and correct copy of
Resolution No.
adopted by the
of the
at the regular/special
meeting held on the
day of
,as the
same appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said
.' at my office this
day of
Signature
Title
PERS-MED-40T (1/99)
-3-
TRANSFER RESOLUTION (MEDICARE)
Attachment B
!
STATEMENT OF INFORMATION
.
Medicare Coverage
The proposed coverage is provided in addition to the California Public Employees'
Retirement System. This coverage will not affect the existing Retirement System. The
Medicare program with its benefits and its costs will be a separate system in addition to
the Agency's retirement system.
Medicare coveraqe. Medicare is a health insurance program for people age 65 or
older. The Medicare program is provided for in Section 218(n) of the Social Security
Act. it is administered by the Health Care Financing Administration.
We suggest you obtain the booklet, Medicare (Publication No. 05-10043)--A guide to
the Medicare program. A copy of the Medicare Handbook, published by the Health
Care Financing Administration, is available to Medicare beneficiaries when they
become eligible for the coverage. These booklets and other publications can be
obtained free of charge at any Social Security Office or by calling the toll-free number,
1-800-772-1213.
The present employer and employee contribution rates for the Medicare program is .
1.45% each, (total 2,9%) of the employee wages. The contribution rate will remain
constant through 1999. Beginning in 1994 there is no maximum wage amourit for
Medicare and the 1.45% applies to totai wages,
If the coverage procedures are completed, both employer and employee contributions
will be due for .êl! wages paid for services performed on and after the date coverage is
effective.
.
PERS-MED-67DR
STATEMENT OF INFORMATION
. Employees Eligible to Choose Medicare as of October 3, 2003
Camekie, Diane
Healy, Marilyn
Heinrichs, Kim
Pisani, Joan
Tkach, Jaye
Torres, Richard
Vega, Joe
.
.
Attachment C
Attachment D
.
NOTICE OF RIGHT TO TRANSFER
Medicare Coverage
NOTICE IS HEREBY GIVEN to all persons in employment with the City of Saratoga in
positions covered by the California Public Employees' Retirement System, who were
members of such System (or eligible to elect membership therein) and who elected
not to be covered under Medicare:
A division of the said System with respect to employees of the City of Saratoga
was made on March 21, 2002 pursuant to the provisions of Section 22150 of the
California Government Code, Section 218(d) of the Social Security Act, and
rules and regulations relating thereto, at which time each eligible member of the
said System was permitted to elect whether he wishes to be covered by the
Health Insurance program, herein referred to as the Medicare program, provided
for under section 218(n) of the Social Security Act with respect to services
performed for the City of Saratoga.
As a member in the group composed of positions of members who ejected not to
be covered under Medicare, you are eligible to elect Medicare-only coverage by .
transfer to the group of retirement system members covered by the Health
Insurance program, if you so wish.
In order for you to transfer, it will be necessary for you to file a written request to
transfer on or before December 22, 2003 with the Board
of Administration, Cålifornia Publi/; Einployees' Retirement Sy~tem, P.O. Box
942709, Sacramento, CA 94229-2709. A transfer request form is attached to
this notice.
If you elect to transfer to the group of members covered by Medicare, the effect
on your status under Medicare and the present retirement system will be
substantially the same as if you had elected to be covered under Medicare at the
time the opportunity to do so was first presented to members of the retirement
system.
Lori Burns, Human Rese-urce Analyst
Local Division Officer
November 20, 2003
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Notice Date
PERS-MED-67T (1199)
NOTICE OF RIGHT TO TRANSFER (Medicare)
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Attachment E
CITY OF SARA TOGA
MEDICARE COVERAGE
REQUEST FOR TRANSFER FORM
As an employee of the City of Saratoga and a member of the California Public
Employees' Retirement System on November 18, 2002 in the group not covered under
the Health Insurance program (hereinafter referred to as "Medicare") provided for by
section 218(n) of the Social Security Act, I hereby request Medicare coverage by
transfer to the group covered under Medicare.
Medicare coveraQe will be effective November 1.2002. You and your Employer will
be required to pay any retroactive Medicare contributions due on covered wages after
the effective date of coverage. The present employer and employee contribution rate
for the Medicare program is 1.45% each, (total 2.9%) of the employee wages.
J understand that my request to transfer to the group covered by Medicare is
irrevocable and I will be permanently covered by Medicare as long as I am an
eligible member of the California Public Employees' Retirement System. I
understand that I may not change my decision to be covered by Medicare as long
as my employment with the City of Saratoga continues.
Name - please print
Signature of member making election
Date signed Social Security Number
IMPORTANT NOTICE: To be valid, this election form must be returned to the address
shown below on or before .
A late election form or an election form that iSHot returned will
be considered the same as a "NO" vote in accordance with
Section 599.4 of the California Administrative Code.
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ACTUARIAL AND EMPLOYER SERVICES DIVISION
PUBLIC AGENCY CONTRACT SERVICES
P.O. BOX 942709
SACRAMENTO, CA 94229-2709
PERS-MED-70T (1/99)
REQUEST FOR TRANSFER (Meclicare)
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SARATOGA CITY COUNCIL
MEETING DATE:
November 5, 2003
AGENDA ITEM:
ORIGINATING DEPT: Community Development
CITY MANAGER:
PREPARED BY:
Thomas Sullivan, AICP
DEPT HEAD:
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SUBJECT: RESOLUTION OF INTENT TO AMEND SUBDIVISION REGULATIONS
RELATING TO STORM WATER MANAGEMENT
RECOMMENDED ACTION:
Adopt the attached draft resolution.
REPORT SUMMARY:
As a result of recent state regulatory actions all construction projects disturbing an area of one (1)
acre or more are required to comply with construction activity.
While the City of Saratoga no longer processes many subdivisions, the Best Management
Practices for NPDES needs to begin at the subdivision level. The current ordinance requires to
install subterranean storm drains which would carry storm water to the closest natural
watercourse is inconsistent with the Best Management Practices for NPDES.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City's Subdivision Ordinance would continue to be out of step with the provision of
General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges
Associated.
ALTERNATIVE ACTION:
Leave the Subdivision Ordinance as it is currently written.
FOLLOW UP ACTION:
Conduct a public hearing before the Planning Commission,
ADVERTISING, NOTICING AND PUBUC CONTACT:
The Agendas for this item was properly posted 72 hour preceding the meeting.
ATTACHMENTS:
Draft Resolution of Intent
RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA
WHEREAS, the City of Saratoga City Council has determined that the Saratoga Subdivision
Regulations are inconsistent with regard to the handJing of storm water in new subdivision; and
WHEREAS, the City Council considered the matter at a duly noticed regular meeting at which
time all mterested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, as a result of recent state regulatory actions, effective immediately, all construction
projects disturbing an area of one (I) acre or more are required to comply with General National
Pollutant Discharge Elimination System (NPDES) Pennit for Discharges Associated with
construction activity.
WHEREAS, as a result of recent state regulatory actions, effective immediately, all projects
creating or replacing one (I) acre or more of impervious surface, including roof area and pavement
are subject to additional conditions of approval related to storm water quality control.
WHEREAS, the following findmgs have been determined:
· That the Best Managernent Practices for NPDES needs to begin at the subdivision e
level and that the cutrent ordmance requirements to mstall subterranean storm
drains which would carry storm water to the closest natural watercourse is
inconsistent with the Best Management Practices for NPDES.
. That it is the best mterest of all Saratoga citizens for the Best Management Practices
for NPDES to be implemented at the initial stage of new subdivisions.
NOW, THEREFORE,
SECTION 1. The City Council of the City of Saratoga hereby finds that:
· That there is sufficient reason to direct the Planning Commission to study and report
back their findings regarding the proposed amendment that would incorporate the
requirements of the Storm Water Quality Regulations.
SECTION 2. The City Council hereby directs the Planrung Commission to conduct a Public
Hearing and report back their findings in an expeditious manner.
The above and foregoing resolution was passed and adopted at an a regular meeting of the
Saratoga City Council held on November 5, 2003 on the following roll-call vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2003
AGENDA ITEM:
CITY MANAGER: ¿9 ~'7¿;;;:2.¿
DEPTHEAD: %
çt?
ORIGINATING DEPT: Community Development
PREPARED BY: John F. Livingstone AICPjtl-
SUBJECT: Design Services for City of Saratoga's Historic Park Master Plan
RECOMMENDED ACTION(S):
I. Approve amendment to the existing professional services contract from Greg Ing and Associates
in the amount of $30,000 for development of the Historic Park Master Plan.
2. Authorize City Manager to execute a professional services agreement with Greg Ing and
Associates.
. REPORT SUMMARY:
This request clarifies the use of Greg Ing and Associates to prepare a Master Plan for the City of
Saratoga's Historic Park.
Please find attached to this report a proposal from Greg Ing and Associates for preparation of a
Master Plan for the City of Saratoga's Historic Park. The work performed by Greg Ing and
Associates will accomplish two main tasks: 1) Preparing a Master Plan for future improvements to
the Historic Park, (2) Have a Master Plan with associated documents that can be submitted for grant
requests.
If the proposal is approved a draft Master Plan will be brought to the City Council with a
recommendation from the Heritage Preservation Commission.
FISCAL IMPACTS:
At the October 15, 2003 City Council meeting $30,000 was appropriated to the Capital
Improvement Budget for the Master Plan from unobligated CIP funds.
.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S):
The Draft Master Plan will not be completed in time to use the document as part of a grant request
from the County of Santa Clara Parks and Recreation Department. Not going forward with the
Master Plan as this time may cause a delay to any future site improvements and the underutilization
of the park, associated building and grounds.
ALTERNATIVE ACTlON(S):
None in addition to the above.
FOLLOW UP ACTlON(S):
1. A professional services agreement will be executed with the consultant
2. The draft Master Plan will be reviewed by the Heritage Preservation Commission
3. The Heritage Preservation Commission will apply for a grant
4. The draft Master Plan will be brought to the City Council
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Mater Plan Proposal from Greg Ing and Associates
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OCTOBER 24, 2003
PROPOSAL FOR:
HISTORIC PARK
City of Saratoga
Public Works Department
13777 Fruitvale Avenue,
Saratoga, California 95070
Mr. John Livingstone, AlCP
e 408868- 1241
408868-1281 Fax
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BY:
Greg G. Ing & Associates
1585 The Alameda, Suite 201
San Jose, California 95126
Mr. Steven J. Kikuchi
408947-7090
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SARA TOGA CITY COUNCIL
MEETING DATE:
Novernber 5,2003
. AGENDA ITEM:
ORIGINATING DEPT: Cornrnunity DeveIoprnent
PREPARED BY: Brad D. Lind, Building Official DEPT HEAD:
SUBJECT: Status of Tree Protective Fencing at 14480 Oak Place (Cutler)
RECOMMENDED ACTION:
Accept report.
REPORT SUMMARY:
Mr. William Breck, on several occasions has addressed Saratoga's City Council during
Oral Comrnunication with complaints/concerns that required tree-protective fencing is
missing at 14480 Oak Place.
Brief History:
A total of four separate perrnits have been issued to Mr. Cutler since he began his house
renovation project in early 2001. These perrnits and their conditions pertaining to tree
protective fencing are described below.
In April of 2001, Mr. Cutler obtained a permit to renovate the existing guesthouse on
the property. No tree-protection rneasures were required with this construction. The
guesthouse received final inspection on Apri123, 2003.
In February of 2002, a second permit was issued to construct the 190 foot concrete wan
adjacent the Davies, Smith and King properties. On April 22, 2002, City Arborist Barrie
Coate visited the Cutler property to inspect trees being affected by concrete footings.
Various conditions were imposed upon the recornmendation of Arborist Coate that
included tree-protective fencing for the Davies' Oak, radial trenching, platform buffers
and specific irrigation requirements. Although the wall has not been given final
approval because it violates height regulations, actual construction on this portion of
the concrete wan is complete and under these circumstances, the protective fencing may
be removed.
A third building perrnit was issued in June of 2002 for a 300 foot concrete wall along the
rear and side yard portions of the Cutler property, adjacent the Houston and Goldrnan
properties. This perrnit was issued with the condition that all recornrnendations of the
April 22, 2002 Arborist reports (prepared by City Arborist Barrie Coate) be complied
with. No additional tree-protective fencing was required as a condition of this permit.
The fourth perrnit was issued in July of 2002. That permit authorizes remodeling of the
rnain dwelling unit on the property. Sheet L1 (site plan) of the approved construction
plans details the tree-protective measures required by Assistant Planner Ann Welsh as
part of the zoning clearance process. Five trees were identified for tree protective
fencing. They include a Black Oak on the Davies property, a second Black Oak on the
King property, two Oaks on the Houston property, an Oak on the cornmon property
line with the Goldrnans and an Oak tree to the left of the entrance to Cutler's main
dwelling.
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Note that a variance has been approved by the City to allow construction of an
approxirnately 25 foot wall or fence between the Cutler and Goldrnan properties.
However, no building permit has been requested for that project. The variance requires
cornpliance with various conditions imposed by the permits issued earlier. .
Recent Investigation:
On Friday, October 17, 2003, Community Service Officer Steve Prosser conducted a site
visit to the Cutler property to check on the status of the tree-protective fencing.
The fencing for the Davies' Oak has been rernoved and replaced with cornpleted
landscaping that includes wood chips/rnulch (per Arborist Coate's recomrnendation)
and stacked concrete blocks (approxirnately 18") to prevent construction vehicles and
other construction related activity under the canopy. CSO Prosser has reported that all
other tree-protective fencing is in place.
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
NIA
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This agenda for this item was duly posted on October 30, 2003.
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SARATOGA CITY COUNCIL
MEETING DATE: November 5. 2003
AGENDA ITEM:
ORIGINATING DEPT: Public Works
PREPARED BY: Mor!!an Kessler B
DEPT HEAD:
SUBJECT: 2002 Pavement Management Program-Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the 2002 Pavement Management Program as complete and authorize
staffto record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the 2002 Pavement Management Program has been completed by the City's
contractor, G, Bortolotto & Co., Inc., and has been inspected by Public Works staff. Overall, the
quality and quantity of construction completed through this contract was very favorable. A
considerable amount of work was performed through change orders to this contract, including the
EI Quito NTMP and the Westhope Church parking lot project. Several badly deteriorated
segments of roadway were rehabilitated along such stretches as Pierce Road and Saratoga-
Sunnyvale Road.
The original contract award amount was $619,962.49, with extra work/change order authority of
$290,000.00. A change order amount of $66,000.00 was later authorized by Council for work
related to the El. Quito NTMP Project. Additionally, a second change order was authorized for
$75,000.00 to incorporate work associated with the Westhope ChurchlEI Quito Park access
project, providing a total project budget of $1,050,962.49. The final construction contract
amount for the project was $965,352.64, which included all change orders and extra work. The
final amounts are summarized as follows:
Original Contract Amount:
Original approval for extra work:
Original Change Order Authority
EI Quito Area Change Order Amount:
Westhope Church Change Order Amount:
Pinal Project Budget Including Change Orders
$619,962.49
$200,000.00
$90,000.00
$66,000.00
$75,000.00
$1,050,962.49
Final Contract Amount, Including Change Order Work:
$965,352.64
...
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In order to close out the construction contract and begin the one-year maintenance/warranty .
period,it is recommended that the Council accept the project as complete. Further, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction contract so that the requisite 30-day Stop Notice for the filing of claims by
subcontractors or material providers may commence.
FISCAL IMPACTS:
This project has been paid for through 2002 Pavement Management Program CIP funding.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
AL TERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staffwill record the Notice of Completion for the construction contracts and release the contract
sureties and retentions thirty days thereafter.
.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the 2002 Pavement Maintenance Program.
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Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property ofthe Owner, was accepted as complete by the Owner on the 5th
day of November, 2003.
Contract Number: NI A
Contract Date: November 7th, 2002
Contractor's Name: G. Bortolotto Co., Inc.
Contractor's Address: 580 Bragato Road, San Carlos, CA 94070
Description of Work: 2002 Pavement Management Program
Notice is given in accordance with the provisions of Section 3093 ofthe Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on , 2003.
CITY OF SARATOGA
BY:
ATTEST:
Dave Anderson
City Manager
Cathleen Boyer, City Clerk
Gov. Code 40814
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2003
AGENDA ITEM: 2. \-\-
CITYMANAGEGdJ~Ji~
DEPTHEAD: ~ e~
ORIGINATING DEPT: Public Works
PREPARED BY: Morgan Kessler ~
SUBJECT: Council Resolution to endorse Santa Clara Valley TranspOIiation Authority's
Community Design and Transportation (CDT) Program.
RECOMMENDED ACTION(S):
Approve resolution endorsing VTA's Community Design and Transportation Program.
REPORT SUMMARY:
Background
On November 7, 2002 the VTA Board of Directors adopted the Community Design and
Transportation Program (CDT) as VTA's primary transportation and land use integration policy.
The Board of Directors also adopted the CDT Manual of Best Practices for Integrating
Transportation and Land Use as a guide and resource for planning and implementing the
principals, practices and actions set forth in the CDT Program. VT A is now seeking the approval
of the program by Member Agencies so that the program may be fully adopted throughout Santa
Clara Valley.
Discussion
The Valley Transportation Authority provides the following regarding the CDT Program:
"The CDT Program is intended to build a stronger and more dynamic working relationship
between the VTA and its Member Agencies. It provides a framework to pursue mutually
beneficial projects, to enhance transportation and land use integration efforts already
underway, and create new opportunities for cities to plan and fund capital projects that enhance
community livability, vitality, and sustainability."
Several funding programs have been established for local transportation-related projects. Member
Agency adoption of the CDTProgram is required in order to be eligible for these funding sources:
A. Community Design and Transportation (CDT) Planning Grant Program
B.
C.
D.
Livable Communities and Pedestrian Program
Local Streets and County Roads Program
New projects for the current Bicycle Expenditure Program
These programs, together with the CDT Program's guidelines are intended to better facilitate
transportation planning and implementation for Member Agencies.
A VT A representative will be available at the City Council Meeting to answer questions, if desired.
FISCAL IMPACTS:
No direct fiscal impacts at this time.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted, and the VTA's Community Design and Transportation
Program would not be adopted. Saratoga may be ineligible for future funding for transportation-
related programs.
ALTERNATIVE ACTlON(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staffwill forward a copy of the approved Resolution to VTA.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution.
2. VTA Endorsement Letter.
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RESOLUTION NO.
A RESOLUTION ENDORSING VTA'S COMMUNITY DESIGN AND
TRANSPORTATION PROGRAM AND ITS MANUAL OF BEST PRACTICES FOR
INTEGRATING TRANSPORTATION AND LAND USE
WHEREAS, the Santa Clara Valley Transportation Authority (VT A), in partnership with
the cities, towns and County of Santa Clara, has developed a Community Design and
Transportation (CDT) Program and a guiding Manual of Best Practices for Integrating
Transportation and Land Use;
WHEREAS, on November 7,2002, the Valley Transportation Authority (VTA) adopted
the CDT Program (Resolution No. 02.11.35) as its primary program for integrating
transportation and land use, and the CDT Manual of Best practices for Integrating Transportation
and Land Use as the programs guiding document;
WHEREAS, the City of Saratoga participated in the development of the CDT Program
and the Manual of Best Practices for Integrating Transportation and Land Use;
WHEREAS, the City of Saratoga recognizes that, to effectively meet the current and
future needs of its changing communities, transit, pedestrian, and multimodal roadway facilities
must play increasingly important roles in the City's total transportation system;
WHEREAS, to better meet the current and future needs of its communities, the City of
Saratoga desires a strengthened "transportation consciousness" between VT A and the City that is
reflected within the City's individual departments and actions by the Council;
WHEREAS, to optimize the City's investments in, and utility of, transportation and
urban services infrastructure, mixed-use, pedestrian-oriented developments should be located in
urban cores, major transportation corridors, and transit station areas;
WHEREAS, the purpose ofthis endorsement is to convey on behalf of the City of
Saratoga and Council a strong spirit of support for the concepts, principles, practices and actions
conveyed in VT A's CDT Program's Manual of Best Practices for Integrating Transportation
and Land Use;
THEREFORE BE IT RESOLVED, that it shall be the policy of the City of Saratoga to
consider the concepts, principles, practices and actions conveyed in the CDT Manual of Best
Practices for Integrating Transportation and Land Use in its planning, public works, and
redevelopment projects, and in its project development, review, and approval processes;
LET IT BE FURTHER RESOLVED, that the City of Saratoga will consider the
identification and evaluation of opportunities to provide an integrated and interconnected system
of transit services, pedestrian facilities, bicycle routes, and multimodal roadways in the
preparation ofthe General Plan, Specific Plans, Community Plans, District Plans and similar
planning documents;
;
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LET IT BE FURTHER RESOLVED, that the City of Saratoga will identify and .
consider opportunities for creating multimodal streets and implementing alternative street design
standards and strategies, as defined in VTA's Community Design and Transportation Program,
and as identified and developed by City staff, in the preparation of the General Plan, Specific
Plans, District Plans, Community Plans, and similar planning documents;
LET IT BE FURTHER RESOLVED, that the City of Saratoga will identify and
consider existing and proposed train stations, bus stops, and transit centers as "opportunity areas"
for pedestrian, bicycle, and transit infrastructure improvements;
LET IT FURTHER BE RESOLVED, that the City of Saratoga recognizes the cores,
major transportation corridors, and station areas as identified in the CDT Manual of Best
Practices for Integrating Transportation and Land Use and by the City as key areas to target
future growth and implement the CDT concepts, principles, practices and actions;
LET IT FURTHER BE RESOLVED, that the City of Saratoga recognizes the public
value in identifying and preserving right-of-way for transportation facilities such as streets,
transit stops and stations, transit preferential facilities, and pedestrian and bicycle facilities in its
planning and programming process, as applicable, practicable and as opportunities permit;
LET IT FURTHER BE RESOLVED, the City of Saratoga recognizes that need for,
and benefits of, multi-jurisdictional coordination, cooperation, and participation in projects and .
processes that address transportation issues having cross-border or regional significance;
LET IT FURTHER BE RESOLVED, that the City of Saratoga will seek opportunities
for partnerships with VT A and neighboring jurisdictions to identify and pursue mutually
beneficial studies, proj ects, and funding agreements.
Passed and adopted by the City Council ofthe City of Saratoga, California, at a meeting
thereof held on the day of , 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
City of Saratoga
ATTEST:
Cathleen Boyer, City Clerk
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June 10, 2003
Dave Anderson
City Manager, City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Endorsement of VTA's Community Design & Transportation
(CDT) Program
Dear Dave:
At its November 7, 2002 meeting, the VTA Board of Directors
adopted the Community Design and Transportation (CDT) Program as
VTA's primary program for integrating transportation and land
use planning, programming, and decision-making. It also took
action to adopt the CDT Manual of Best Practices for Integrating
Transportation and Land Use.
The purpose of this letter is to ask for the City of Saratoga's
endorsement of VTA's Community Design and Transportation Program
through a formal council action. The CDT Program was developed
in partnership with VTA's Member Agencies. Early in the
development process, Planning and Public Works Directors from
each Member Agency were invited to participate in a 'Task Force'
to assist VTA with forming program elements. This collaboration
between VTA and its Member Agencies lead to the development of
the CDT manual. The CDT manual is a comprehensive 'toolkit'
designed to assist Member Agencies with better integrating
transportation and land uses. After the VTA Board's approval to
release the CDT Manual Working Draft for public review in April
2002, VTA conducted an extensive outreach program, soliciting
input from Member Agency Councils, Boards, Planning Commissions,
Transportation Commissions, staff, and the public.
In addition to the many benefits for the transportation system,
urban design, and community livability, VTA has established four
grant fund programs that are associated with the CDT Program.
Endorsement of the CDT Program by Member Agencies is required to
apply for these program funds:
1. CDT Planning Grant Program
2. Livable Communities and Pedestrian Capital Grant Program
3. Local Streets and County Roads Program
4. Bicycle Program - Applies only to new projects or changes to
projects already included in the 10-year expenditure program.
VTA is encouraging Member Agency endorsement öf the CDT Program
by October 2003, as this will enable Member Agencies to have
maximum access to the grant program funds during the next
programming cycle by the VTA Board of Directors.
To assist with the process of endorsing the CDT Program,
guidelines are provided in Attachment A. My staff is available
to help with this process, and Member Agencies are encouraged to
work in partnership with VTA to develop appropriate endorsement
language.
If you have questions, please call or e-mail the CDT Program
Manager:
Chris Augenstein
Principal Transportation Planner
(408) 321-7093
chris.augenstein@vta.org
Sincerely,
Michael P. Evanhoe
Chief Development Officer
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SARATOGA CITY COUNCIL
MEETING DATE:
3
CITY MANAGER: øJ~
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November 5, 2003
AGENDA ITEM:
ORIGINATING DEPT: Community Development
PREPARED BY:
Christy Oosterhous, AICP\)Jt)EPT HEAD:
Associate Planner
SUBJECT: Appeal of a Planning Commission decision to approve a use permit application to
install six panel antennas and an uncovered equipment enclosure at the location of an existing utility
lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and
Chardonnay Court. Irrigation and landscaping are proposed.
APPELLANT: City Council
At a regular City Council meeting of September 17, 2003 the City Council directed the City Clerk to
initiate proceedings pursuant to section 15-90.065 for review by the City Council of the decision
made by the Planning Commission to approve a use permit application for "six panel antennas and an
uncovered equipment enclosure at Glen Brae Drive and Chardonnay Court.
APPLICANT: Rich Hildebrand, representing AT & T Wireless
PROJECT LOCATION: 13000 Glen Brae Drive
RECOMMENDED ACTION:
Conduct public hearing and amend resolution of approval to include additional conditions of
approval, which address the Council's concerns (attachment 1).
REPORT SUMMARY:
At a public hearing held on September 10, 2003 the Planning Commission conditionally approved
use permit application number 03-105 to install six panel antennas and an uncovered equipment
enclosure at the location of an existing utility lattice tower near Congress Springs Park along the
railroad tracks.
Extensive irrigation and landscaping beyond the proposed landscaping were conditions of approval,
as documented in the attached resolution of approval (attachment I, number 15). The Planning
Commission also required annual Radio Frequency testing and that the height of the uncovered
enclosure be 7.5 feet to fully shield all equipment from view. Relevant background documents,
1
including the staff report and minutes are included in the packet materials.
In an attempt to address the City Council's concerns, the applicant has revised the project plans. .
Revisions include a covered equipment enclosure almost identical in appearance to the existing
structure located on the site (attachment 4, Exhibit A Revised Plans).
ALTERNATIVES:
1. Deny the appeal and uphold the Planning Commission's approval of the proposed project, thus
approving the Use Permit Application as conditioned by the Planning Commission.
2. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues
raised by the City Council.
FISCAL IMPACTS:
Not applicable,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the
newspaper.
ATTACHMENTS:
1. Resolution of Approval Granting the Appeal.
2. Planning Commission staff report.
3. Minutes from the September 10, 2003 Planning Commission meeting.
4. Exhibit A, photograph of REVISED proposed equipment structure and REVISED plans.
.
.
2
·
· Attachment 1
·
APPROVAL OF RESOLUTION NO.
.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING THE APPEAL WHICH REQUIRES
MODIFICATIONS TO THE APPROVED USE PERMIT APPLICATION
AT & T Wireless; 13000 Glen Brae Drive
WHEREAS, on September 10, 2003 the City of Saratoga Planning Commission
approved a use permit for the installation of six panel antennas and an equipment
enclosure at the location of an existing 125 foot tall utility lattice tower; and
WHEREAS, on September 17, 2003 at a regular meeting of the City Council of
the City of Saratoga two members of the City Council directed the City Clerk to initiate
proceedings pursuant to section 15-90.065 for review by the City Council of the decision
made by the Planning Commission; and
WHEREAS, on November 5, 2003 the City Council held a public hearing to
consider the application at which time all interested parties were given a full opportunity
to be heard and to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the
application and all testimony and other evidence submitted in connection therewith; and
.
WHEREAS, the City Council upheld the determination and findings of the
Planning Commission approval of the Use Permit application with additional special
proj ect conditions; and
WHEREAS; the project, which includes the installation of six panel antennas and
an equipment enclosure, is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation
of CEQA. This Class 3 exemption applies to installation of small new equipment and
facilities; and
WHEREAS, the applicant has met the burden of proof required to support said
application for use permit approval, and the following findings specified in Municipal
Code Section 15-55.070:
a) That the proposed location of the conditional use is in accord with the
obj ectives of the Zoning Ordinance and the purposes of the district in which the
site is located in that it is a conditionally permitted use that is visually unobtrusive
and that the aesthetic impact of the facility will be less than significant.
b) That 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 because the facility will be operated under the restrictions imposed by
the FCC to insure safety with respect to limiting human exposure to radio
frequency energy.
c) That the proposed conditional use will comply with each of the applicable
provisions of this chapter in that the location, height, size and use proposed is
conditionally permitted in this zoning district.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
Section 1. After careful consideration of the site plan, architectural drawings, plans and
other exhibits submitted in connection with this matter, application number 03-105 for
Use Permit Approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. All changes to the approved plans must be submitted in writing with a clouded set
of plans highlighting the changes. Proposed changes to the approved plans are
subject to the approval of the Community Development Director and may require
review by the Planning Commission.
2. Four sets of complete construction plans incorporating this Resolution as a
separate plan page shall be submitted to the Building Division.
3. The site survey shall be stamped and signed by a Licensed Land Surveyor.
4. The site plan shall contain a note with the following language: "Prior to
foundation inspection by the City, the LLS of record shall provide a written
certification that all building setbacks are per the approved plans."
5. All proposed landscaping shall be installed prior to final inspection.
6. The applicant shall be responsible for maintaining all equipment, structures, and
landscaping to the city's satisfaction.
7. Within 30 days of cessation of business, the applicant shall remove all equipment
and structures.
8. The Planning Commission shall retain continuing jurisdiction over the Use Permit
and may, at anytime modify, delete or impose any new conditions of the use permit to
preserve the public health, safety and welfare.
9. The enclosure shall fully contain all equipment. No equipment shall be visible
from the public right of way.
PUBLIC WORKS
10. Developer shall install approximately 60' of5-foot wide PCC (Portland cement
concrete) pathway in place of existing AlC path that is directly beneath tower. The
extent of the new pathway shall be from the UPRR right-of-way to the north, to the
existing AlC driveway to the south.
.
11. Developer shall submit a set of plans to the Saratoga Public Works Department
for review and acceptance of design for above item.
12. Developer shall obtain an encroachment permit from the Saratoga Public Works
Department for the above stated work.
CITY ATTORNEY
13. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection
with City's defense of its actions in any proceeding brought in any State Federal
Court, challenging the City's action with respect to the applicant's project.
PLANNING COMMISSION
14. Annual cumulative Radio Frequency emissions testing shall be conducted.
Reports shall be submitted to the planning department.
.
15. The immediate project site and subject equipment enclosure shall be screened by
landscaping from three angles including, but not limited to, Congress Springs Park,
adjacent residences, and Glen Brae Drive. Screening shall include a fast growing
native plant preferably drought tolerant. Oleanders shall not be used due to their
toxicity. A lilac or ficus may be used. 15-gallon minimum plants shall be used. At a
minimum, approximately 20 plants shall be installed. The landscape plan shall be
reviewed and approved by staff prior to building permit issuance. Landscape bushes
with irrigation shall also be provide per exhibit A.
CITY COUNCIL
(to be determined)
Section 2. Construction must commence within 24 months or approval will expire.
Section 3. All applicable requirements ofthe State, County, City and other Govemmental
entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen days from the date of adoption
.
e
e
e
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 5th
day of November 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, CMC
City Clerk
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 Authorized Agent. The undersigned hereby acknowledges the
approved terms and conditions and agrees to fully confo1111 to and comply with said te1111s
and conditions within the recommended time frames approved by the City Planning
Commission.
Property Owner or Authorized Agent
Date
. .
·
Attachment 2
·
·
.
.
.
REPORT TO THE PLANNING COMMISSION
Application No./Location: 03-105; 13000 Glen Brae Drive
Type of Application:
Use Permit
Applicant/Owner:
A T&:T Wireless
Pacific Gas &: Electric
Staff Planner:
Christy Oosterhous AICP, Associate Planner
Date:
September 10, 2003
APN:
393-21-006
Department Head:
13000 Glen Brae Drive
Application No. 03-105; 13000 Glen Brae Drive
EXECUTIVE SUMMARY
CASE HISTORY
Application filed:
Application complete:
Public hearing conducted:
4/17/03
7/15103
9/10/03
PROJECT DESCRIPTION
The applicant requests use permit approval to install six panel antennas and an equipment
enclosure at the location of an existing utility lattice tower near Congress Springs Park along
the railroad tracks at Glen Brea Drive and Chardonnay Court. Irrigation and landscaping are
proposed.
STAFF RECOMMENDATION
In order to completely screen the equipment located inside the enclosure staff recommends
the enclosure be not less than 7.5 feet in height. The applicant has proposed a 6- foot high
enclosure with equipment located inside at a height of 7 feet. Staff recommends the Planning
Commission conditionally approve use permit application number 03-105 by adopting the
attached resolution.
e
e
.
.
.
.
STAFF ANALYSIS
ZONING:
Agricultural District (A)
GENERAL PLAN:
Residential Medium Density
Maximum Dwelling Unit Per Acre 3.48
MEASURE G:
Not Applicable
PARCEL SIZE:
2 acres
AVERAGE SITE SLOPE: level
GRADING REQUIRED: Not Applicable
ENVIRONMENTAL DETERMINATION: The proposed project which includes
construction of an equipment enclosure and installation of six panel antennas is categorically
exempt from the Enviromnental Quality Act (CEQA) pursuant to section 15303 of the
Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new
construction of limited small new facilities; installation of small, new equipment and
facilities in small structures.
MATERIALS AND COLORS PROPOSED:
An earth tone split slump stone material is proposed for the equipment enclosure. The panel
antennas are to match the existing lattice tower.
PROJECT DISCUSSION
.
The applicant requests use permit approval to install six panel antennas and an equipment
enclosure at the location of an existing 125 foot tall utility lattice tower near Congress
Springs Park. In 1996 the City Council adopted an ordinance, which established
communication antenna facilities as conditionally permitted uses in all zone districts within
the City of Saratoga.
Six antennas are proposed to be mounted approximately 60 feet above grade on the existing
utility lattice tower. The dimension of each antenna is 4.25 feet in length, 1.33 feet in width,
and 0.29 feet in depth. The proposed equipment enclosure is to be located near the tower.
The dimensions of the proposed enclosure are 19 feet in length, 10 feet in width, and 6 feet in
height. In order to completely screen the equipment located inside the enclosure staff
recommends the enclosure be not less than 7.5 feet in height.
The proposed equipment enclosure will be uncovered and will be setback approximately 70
feet rrom the curb of Glen Brae Drive. Irrigation and landscaping, including bushes, are
proposed. In addition, the enclosure be covered with creeping fig vines. Proposed
equipment to be located inside the enclosure includes radios, batteries, and electronics to
process the phone calls.
An existing equipment shed is located on the site for Verizon wireless. The eXIstmg .
equipment shelter is approximately 20 feet in length by 12 feet in width. The existing shelter
would be located in the background of the proposed enclosure as viewed from the public
right of way. Existing antennas are located on the top ofthe 125 foot tower.
The parcel is owned by Pacific Gas and Electric. The 2-acre parcel is long and narrow and
abuts the railroad tracks. Existing improvements to the parcel include a pathway, a parking
lot, and a wireless facility including an equipment shed and panel antennas. Surrounding
land uses include Congress Springs Park and single-family residences.
Due to the projects close proximity to Congress Springs Park the public works department
has reviewed the plans to ensure the project will not conflict with the recently implemented
upgrades to the park or any future improvements. As a condition of approval, the public
works department has required that the applicant install approximately 60 feet of 5- foot wide
PCC (portland cement concrete) pathway in place of existing path that is directly beneath
tower. The landscape plan includes the required pathway.
Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF
emissions from personal wireless antenna facilities. Pursuant to its authority under federal
law, the FCC has established rules to regulate the safety of emissions from these facilities.
The applicant has provided a cumulative RF exposure report which evaluates both the
proposed and existing wireless facilities. The report concludes that the RF energy is well .
below the Maximum Permissible Exposure limit established by the FCC.
.
e
.
Use Permit Findings
The proposed proj ect supports the findings for use permit approval; therefore, staff
recommends the plarming commission approve of the proposed project based on the
following findings:
· That 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 in
that it is a conditionally permitted use that is visually unobtrusive and that the
aesthetic impact of the facility will be less than significant.
· That 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 because
the facility will be operated under the restrictions imposed by the FCC to insure safety
with respect to limiting human exposure to radio frequency energy.
· That the proposed conditional use will comply with each of the applicable provisions
of this chapter in that the location, height, size and use proposed is conditionally
permitted in this zoning district.
Conclusion
The project satisfies all of the fmdings required within Section 15-55.070 of the City Code.
The antennas and associated equipment are not expected to be detrimental to the public
health, safety or welfare nor are they expected to be materially injurious to properties or
improvements in the vicinity. The proposal further satisfies all other zoning regulations
applicable to antenna facilities.
STAFF RECOMMENDATION:
In order to completely screen the equipment located inside the enclosure staff recommends
the enclosure be not less than 7.5 feet in height. The applicant has proposed a 6- foot high
enclosure with equipment located inside at a height of7 feet. Staff recommends the Planning
Commission conditionally approve use permit application number 03-105 by adopting the
attached resolution of approval.
·
·
· Attachment 3
·
·
·
Saratoga Planning Commission Minutes of September 10, 2003
Page 7
·
Said t t this is a balanced building with its differing rooflines. However, the entrance is huge at 18
feet wid d 18 feet tall.
Suggested t t if the entry were to be lowered by a few feet, she would be happy.
Said that this i oth a long and a tall house.
..
·
Commissioner Ubi sai at the applicant has designed the house so 1 g because he does not want to
construct a two-story struc re, having a family member with healt concerns that requires living in a
single-story home.
Director Tom Sullivan said that th late line of the entry a front of the house do not want to be the
same as that would create problems drainage. If the esign of this structure has to be lowered, the
whole house must get longer to compens e.
Chair Hunter:
· Said that this is a nice design that might b 0 but is also proportional.
· Said that since it is built inside a valley' he is n concerned about the 24- foot height.
· Thanked the applicant for preservin the Monterey ine and reiterated the importance of the scenic
highway thatis Highway 9.
· Suggested that the applicant a n the issue of the pedestrian path.
Motion:
Upon motio of Commissioner Nagpal, secon ed by Commissioner Barry, the
ommission granted Design Review Ap oval (Application #03-146) to
constr a one-story single-family residence with a ximum height of 24 feet on
prop' ty located at 19615 Saratoga-Los Gatos Road, 'ncorporating the newest
re mmendations of the Arborist (dated September 10, 003), with the use of
ervious pavers on the driveway and with the applicant working with staff
regarding the details of installing a pedestrian path at the front property line, by
the following roll call vote:
AYES: Barry, Hunter, Nagpal, Schallop, Uhl and Zntshi
NOES: Garakani
ABSENT: None
ABSTAIN: None
.
***
~ @) ~e~lV1
0/!:UBLICHEARING-ITEMNO.3 . J
APPLICATION #03-150 (393-21-006) AT&T Wireless. 13000 Glen Brae Drive: Request for Use
Permit approval to install six panel antennas and an equipment enclosure at the location of an existing
utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and
Chardonnay Court. Irrigation and landscaping are proposed. (CHRISTY OOSTERHOUS)
.
Associate Plarmer Christy Oosterhous presented the staffreport as follows:
· Advised that the applicant is seeking approval of a Use Permit to allow the installation of a six-
panel antenna and equipment enclosure on an existing 125-foot utility tower located near Congress
Springs Park. The antennas would be positioned 60 feet above grade and would match the tower.
The antennas are four feet long, one foot wide and four inches deep.
Saratoga Planning Commission Minutes of September 10, 2003
Page 8
· Described the equipment enclosure as 19 feet long, 10 feet wide and six feet high. The building
materials for the equipment enclosure are earth tone slip slumpstone, which would be covered with
creeping fig vines.
· Stated that staff, as a result of concerns expressed by members of the Planning Commission during
their site visit, is recommending the planting of additional screening landscaping, such as oleander
bushes.
· Informed that the FCC establishes standards for RF emissions. The RF levels for this installation
would fall well below the maximum permissible.
· Stated that this installation would be visually unobtrusive and would have less impact than other
installations in the City.
· Recommended approval with the modification to require the enclosure to be constructed seven-and-
a-half feet high, with additional landscape screening and irrigation to support that landscaping.
Commissioner Garakani asked if this is the same carrier that has the installation on Cox Avenue.
Associate Planner Christy Oosterhous replied no. The installation on Cox belongs to Nextel.
Commissioner Uhl said that the installation on Cox looks terrible.
Associate Planner Christy Oosterhous reminded that this is a different carrier.
Director Tom Sullivan:
· Advised that the City had required landscaping for the Quito Road installation but that the
landscaping subsequently died. Staff had to threaten to bring that applicant back before the
Commission for a revocation hearing before the replanting of the required landscaping occurred.
· Added that the installation on Cox looks exactly as it was approved and was one that had been
denied by the Commission and appealed to Council, which overturned the denial.
Commissioner Barry:
· Questioned whether this applicant has followed the protocol established by a previous body of
Planning Commissioners.
· Added that she does not see the coverage of issues such as noise and mandatory testing as well as
the upgrading requirement, which requires any facility to maintain state of the art equipment as
technology improves.
· Asked if that protocol was used in evaluating this application.
Director Tom Sullivan:
· Replied that he has not seen that protocol and that it is not included within City Code.
· Added that equipment upgrades automatically occur, as it is necessary for carriers' equipment to
stay state of the art in order to remain competitive.
· Advised that the only potential noise impacts would be air conditioning units but since this is an
open equipment enclosure, there will be no air conditioning units associated with this installation.
· Reminded that the FCC requires regular mandatory testing.
Commissioner Barry asked staff if it would be too onerous to require either six-month or one-year
review of this site to assure continued maintenance of the screening landscaping.
.
.
.
Saratoga Planning Commission Minutes of September 10, 2003
Page 9
Director Tom Sullivan advised that his staff understands that if they bring a cell site forward to the
Commission, they own that site and will have the on-going responsibility to assure that it is well
maintained.
Commissioner Uhl pointed out that landscaping could help alleviate the unsightliness of these towers.
Director Tom Sullivan cautioned that PG&E is unwilling to have any type of landscaping with any
height located near its towers and lines.
Commissioner Barry asked whether staff has looked at ways to limit installations and pointed out that it
is not clear to her that these new antennas increase coverage.
Chair Hunter opened the Public Hearing for Agenda Item No.3.
Mr. Rich Hildebrand, AT&T Representative:
. Explained that the reason for the six-foot high enclosure is that it is Federally mandated. However,
if it were required to be any higher, some of their equipment would not function.
. Suggested that it would be preferable for them, if required to construct the seven-and-a-half foot
high equipment enclosure to hide some of their equipment, to move some of the equipment
(antennas) from the equipment structure onto the tower and keep the cabinet at six feet in height.
Commissioner Garakani asked how large this additional equipment is that would have to be placed onto
the tower.
Mr. Rich Hildebrand replied very small.
Commissioner Barry asked if it would be visible from the nearby residences.
Mr. Rich Hildebrand advised that this equipment represents new technology that will help locate cell
phone users.
Commissioner Garakani asked for the dimensions of this equipment.
Commissioner Uhl suggested that they appear to be approximately three feet from looking at the plans.
Mr. Rich Hildebrand said that they are probably less than one foot.
Commissioner Nagpal asked Mr. Rich Hildebrand how often emissions tests are conduction after
installation and what sort of monitoring program is in place.
Mr. Rich Hildebrand advised that a lot of local jurisdictions require regular testing and they perform
that testing as required. Added that their emissions are less than one percent of that allowed under FCC
regulations.
Commissioner Nagpal asked Mr. Rich Hildebrand ifhe would be open to regular testing.
Mr. Rich Hildebrand replied yes.
Saratoga Plarming Commission Minutes of September 10, 2003
Page 10
Commissioner Ubi asked about incorporating oleanders as screening landscaping and asked Mr. Rich
Hildebrand ifhe has any objection to that requirement.
Mr, Rich Hildebrand asked for clarification as to what amount of area would need to be screened.
Commissioner Ubi suggested that the whole lot should be hidden from view with this landscaping.
Mr. Rich Hildebrand replied that he did not think that would be a problem.
Chair Hunter cautioned that since this is public park that is well used by children in the community,
oleanders are not a good landscaping choice since their leaves are poisonous if ingested.
Director Tom Sullivan advised that something safer could be selected.
Commissioner Barry asked about coverage with these new antelU1as.
Mr. Rich Hildebrand said that the installation is intended to meet three objectives: coverage, capacity
and new services (locating cell phone users).
Commissioner Barry pointed out that the exhibit seems to demonstrate that coverage is already good.
Director Tom Sullivan advised Commissioner Barry that this exhibit depicts coverage as it would be
with this new installation.
Mr. John A. Yfantis, 13135 Quito Road, Saratoga:
· Stated that RF levels need to be quantified and that watts or mili-watts should be provided.
· Stated that these levels can be detrimental to the health of people and animals.
Mr. Meir Levi, 13126 Anza Drive, Saratoga:
· Pointed out that the cell phone coverage is poor in Saratoga.
· Added that he carmot even use his cell phone rrom inside his house.
· Said that he is just a subscriber and not a part of AT&T.
· Said with the GSL technology he will be able to use his cell phone internationally, which is very
useful since he travels overseas.
· Declared his full support for this application, saying that it is needed.
Chair Hunter closed the Public Hearing for Agenda Item No.3.
Commissioner Barry pointed out that this is the first such antelU1a application where there have not
been lots of people present in opposition due to safety concerns.
Commissioner Garakani replied that it is likely due to the fact that most people now understand that
they calU10t prevent such installations. Added that he will support this application based upon
testimony.
Commissioner Ubi stressed the importance of making antelU1a sites look better as befits the community.
Saratoga Planning Commission Minutes of September 10, 2003
Page 11
Commissioner Zutshi agreed, saying that while we cannot help but have antennas, they should be worth
e looking at and somehow beautify the area through screening landscaping.
Commissioner Nagpal said she supports what has been said and suggested that RF reports be provided
to stafffor their files.
Commissioner Barry stressed the importance of requiring regular testing after installation.
Commissioner Nagpal agreed that annual testing should be required.
Chair Hunter said that she is fine with this request since the utility towers are already there and due to
the need for cell phone connections. Suggested a native lilac plant in lieu of oleanders, since oleanders
are not appropriate for a park where children play and since the native lilac is both beautiful and fast
growing.
Motion:
e
Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the
Planning Commission approved Application #03-150 granting a Use Permit to
allow the installation of six antennas and an equipment enclosure on property
located at 13000 Glen Brae Drive and Chardonnay Court, which is the location of
an existing utility lattice tower near Congress Springs Park, with the added
requirements that:
· Three sides incorporate screening landscaping (park, road and neighborhood
side;
· That there be regular monitoring of RF emissions on an annual basis;
· With the GSL antenna being moved from the enclosure to the tower; and
· That a seven-and-a-haIf foot wall be constructed around the equipment
enclosure;
by the following roll call vote:
AYES: Barry, Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi
NOES: None
ABSENT: None
ABSTAIN: None
***
eVìc5L
PUBLIC HEARING - ITEM NO.4
APPLICATION #02-182 3 4-037 DORCICH ORCHARD SUBDIVISION 13089 . 0 Road:
Request for Planning Commission a oval of a seven lot subdivision of the 1.97 acr operty located
at the corner of Quito Road and Martha . e. The R-l-l 0,000 zoned parcel w be subdivided into
lots ranging from 10,072 square feet to 12,356 are feet. Six of the lots ould take access from the
proposed private cul-de-sac. The seventh lot woul e access IT cFarland Street if a lot line
change were approved for Lot 3. The existing historic fa 0 would be restored and moved onto
Lot 4, which is at the end of the cul-de-sac. (ANN WELS
e
Assistant Planner Ann Welsh presented the staf port as follows:
. Advised that the applicant is seekin subdivide a 1.97-acre parcel into seven lots on property
located at 13089 Quito Road.
.
·
. Attachment4
·
.
·
IEXH~B~T A
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2003
ORIGINATING DEPT: Public Works
AGENDA ITEM:
CITYMANAGE~J,,~
DEPTHEAD: ~ ~_
PREPARED BY: John Cherbone
SUBJECT: Five Year (2001-2006) Capital Improvement Piau (CIP) - F.Y. 03/04 Update
RECOMMENDED ACTION(S):
1. Adopt Resolution amending 2001-2006 C1P Budget reflecting Council direction from the
October 15, 2003, City Council Meeting.
2. Consider additional candidate C1P Projects as listed in the report and Review Projects in the
adopted C1P and amend their funding levels if desired.
.
3. Open the Public Hearing for the F.Y. 03/04 CIP Update.
4. Consider funding levels for candidate CIP Projects approved by the City Council for
inclusion in the F.Y.03/04 C1P Update.
5. Continue Public Hearing to the December 17, 2003, City Council Meeting to allow the
appropriate review by the Planning Commission prior to final adoption of the Updated 2001-
2006 CIP.
REPORT SUMMARY:
1. CIP PROCESS
This is the second stage of the C1P process, which began at the October 15th City Council
Meeting where the City Council approved new CIP projects for funding consideration and
amended the CIP Budget. The main focus ofthe second stage of the CIP process is to open the
Public Hearing to allow for public input on the CIP and for City Council to establish funding
levels for the new C1P projects.
The third stage of the process involves the submission ofthe new C1P projects to the Planning
Commission for General Plan and Enviromnental review, which is scheduled for the December
. 10th Planning Commission Meeting. The last stage ofthe C1P process will begin at the
<
/
Decemberl7, 2003, City Council Meeting where the Public Hearings will continue culminating .
with the final adoption of the new ClP projects by City Council.
However, prior to opening the Public Hearing and City Council consideration of funding levels
for the new ClP projects staff recommends that the City Council approve the attached resolution
amending the ClP budget and consider additional ClP Projects as submitted in the report.
Additionally, it is recommended that City Council consider any additional funding changes to the
adopted ClP proj ects prior to moving forward into the second stage of the ClP process.
2. STATUS OF CIP FUNDS
At the October 15th City Council Meeting, Council adopted a Budget Resolution, which created
an unobligated ClP Fund balance of $555,133. In addition, Council directed staff to unobligate
project fund balances remaining in completed ClP projects, which are summarized as follows:
· Congress Springs Park Safety Net:
Proj ect Budget:
Final Project Cost:
Project Balance:
$60,000
$48.480
$11,520
· Theater Reroof Project:
Proj ect Budget:
Final Project Cost:
Project Balance:
$80,000
$76.442
$3,558
e
· Azule Park:
Project Budget:
Final Project Cost:
Proj ect Balance:
$880,000
$871.786
$8,214
· Total Funds Available from Completed CIP Projects:
$23,292
Since the October 19th City Council meeting additional funding has been identified as available
for appropriation to the ClP, which is summarized as follows:
Unobligated ClP Funds:
Staff has determined that there are additional unobligated CIP funds in the amount of $49,7 10,
which are available for new or unfunded ClP projects. These funds are representative of two CIP
proj ects originally in the operating budget that were over funded when they were set up in five-
year ClP because prior year expenditures were not taken into account.
· Funds Available from Additional Unobligated CIP Funds:
$49,710
.
2 of 13
\
.
.
.
New Park Bond Funds:
The State of California Department of Parks and Recreation recently forwarded correspondence
to City Staff stating the City's allocation amount of 2002 Bond Act Funds. The City will receive
funding from two allocation sources: (1) Roberti-Z'Berg-Harris Block Grant Allocation of
$82,454 and (2) Per Capita Allocation of $220,000. The passage of Proposition 40 is the funding
source for these grants, and these grants have funding requirement similar to the 2000 Bond Act
Funds the City was allocated last year. These funds can only be used for park projects.
· Total Funds Available from New Park Bond Funds:
$302,454
Summarv of Current Funding Sources for New or Existing ClP Projects:
Funds Unobligated at the October 15th Council Meeting: $555,133
Total Funds Available from Completed ClP Projects: $23,292
Funds Available from Additional Unobligated ClP Funds: $49,710
Total Funds Available from New Park Bond Funds: $302,454
Total: $930,589
Status of Existing Funding Levels and Sources in the Adopted ClP:
There are three main categories of funding: 1) City funds, 2) Grant funds (funds allocated and/or
funding source identified), and 3) Other sources (local agency cooperatives, etc.). The following
is a breakdown of these funding categories:
City Funds:
General Fund: $3,069,400
Park Development Fund: $486,847
Development Fund: $120,000
Streets Fund: $2,360,872
Grant Source: $6,050,215
Other Source: $336,333
Total: $12,423,667
3. STATUS OF PROJECTS IN THE ADOPTED FIVE-YEAR CIP
At the October 15th City Council meeting, Council directed the following unfunded ClP projects
to be removed ITOm the adopted 2001-2006 ClP and archived for consideration in the 2007-2012
ClP:
· SidewalklPathway lnfilllRehab
· Bus Stop Shelters
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· Saratoga Avenue Medians @ Library
· Hillside Repair Fund/Reserve
· Fruitvale Avenue Median Landscaping
· Quito Road Railroad Crossing Upgrade
· Glen Brae Railroad Crossing Upgrade
· WHH Improvements
· Theater Renovations
· Corp Yard Improvements
.
AdditionalIy, the folIowing new projects, which were considered at the October 15th City Council
meeting, were archived for consideration in the 2007-2012 CIP:
· Civic Theater Seat Refurbish Project
· Spring Hill Court Park Improvements
The amended CIP contains a total of 32 projects, 28 projects enjoy fulI or partial funding and 4
projects remain unfunded. For additional information regarding the status of adopted CIP
proj ects please refer to the attached CIP Spreadsheet.
4. ADDITIONAL CIP PROJECTS FOR CITY COUNCIL CONSIDERATION
The Facility Maintenance Division has submitted the following facility projects for City Council .
consideration for inclusion into the 2001-2006 CIP and/or the 2007-2012 CIP, which total
$221,970.
¡Civic Theater Lower Perimeter Re-Roo~
This project would refurbish the lower perimeter roof of the Civic Theater.
Estimated Project Cost:
$49,500
Cost Breakdown: Re-roof:
10% Contingency:
$45,000
$4,500
Known Funding Sources: City: $49,500
Proposed Project Schedule: Spring 2004
¡Civic Center Eave Replacement - Community Development!Engineerin~
This project would replace the eaves in the courtyard area ofthe Community
DevelopmentÆngineering wing ofthe Civic Center.
Estimated Project Cost:
$17,600
.
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Cost Breakdown: Eave Replacement:
Design:
10% Contingency:
$15,000
$1,000
$1,600
Known Funding Sources: City: $17,600
Proposed Project Schedule: Spring 2004
[Civic Center AC Improvements - Administration HR Offic~
This project would incOIporate and AC improvements for the HR Division Office.
Estimated Proj ect Cost:
$8,250
Cost Breakdown: Duct Work:
10% Contingency:
$7,500
$750
Known Funding Sources: City: $8,250
Proposed Project Schedule: Spring 2004
e ¡Civic Center Re-Roof - Administratio~
This project would re-roofthe Administration wing of the Civic Center.
Estimated Project Cost:
$55,540
Cost Breakdown: Re-roof:
Design:
10% Contingency:
$45,000
$5,400
$5,040
Known Funding Sources: City: $55,440
Proposed Project Schedule: Spring 2006
¡Civic Center Re- Roof - Community DevelopmentÆngineering
This project would re-roofthe Community Development/Engineering wing of the Civic Center.
Estimated Project Cost:
$91,080
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Cost Breakdown: Re-roof:
Design:
10% Contingency:
$77,000
$5,800
$8,280
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Known Funding Sources: City:
$107,140
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Proposed Project Schedule: Spring 2008
5. APPROVED CIP PROJECT CANDIDATES FOR FUNDING CONSIDERATION
At the October 15, City Council meeting, Council approved 16 CIP project candidates (13 new
projects and 3 existing adopted CIP projects) for funding consideration for the Fiscal Year 2003-
2004 CIP Update. The total cost of these projects, if approved, is $1,362,225.
New CIP Proiect Candidates for Fundin!! Consideration:
!village Façade Matching Fun~
This project js directed at improving the blÚldjng facades in the Village by provjding matching
funds to business/property owners.
Estimated Project Cost:
$50,000
Known Funding Sources: City:
$50,000
Proposed Project Schedule: Spring 2004
e
¡Children's Amphitheate~
This project will construct a children's amphitheater at an undetermined location.
Estimated Project Cost:
$60,500
Cost Breakdown: Amphitheater:
Design:
10% Contingency:
$50,000
$5,000
$5,500
Known Funding Sources: City: $60,500
Proposed Project Schedule: Summer 2004
Foothill School Joint Improvements (Field Improvements~
This project will make improvements to the unimproved field areas at Foothill School, which
could be jointly utilized by both the School and the City.
If Council desires, the City's role in this project can be reduced to facilitation and project
management, because of the willingness of AYSO to fund the project. If Council elects to
e
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proceed in this direction, the project can be removed from the CIP process and proceed
independently.
Estimated Project Cost:
$27,500
Cost Breakdown: FIat Grass:
10% Contingency:
$25,000
$2,500
Known Funding Sources: City: $27,500
AYSO: $27,500
Proposed Project Schedule: Summer 2004
!Blaney Plaza Improvements - Construction Phas~
This project would complete the improvements in Blaney Plaza per the approved master plan.
Estimated Project Cost:
$121,000
Cost Breakdown: Infrastructure Improvements:
Design:
10% Contingency:
$100,000
$10,000
$11,000
Known Funding Sources: City: $121,000
Proposed Project Schedule: Summer 2005
!Fire Alarm System for the Historical Park Building~
Installation of a fire alarm system in the Historical Buildings located in Historical Park.
Estimated Project Cost:
$7,425
Cost Breakdown: Alarm System:
Design:
10% Contingency:
6,000
$750
$675
Known Funding Sources: City: $7,425
Proposed Project Schedule: Summer 2004
!Repair Work to Trail Segment #3 ("Tank Trail")1
This project would repair Trail Segment #3 ("Tank Trail") in the Parker Ranch Subdivision,
which has erosion damage.
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Estimated Proj ect Cost:
$16,500
e
Cost Breakdown: Trail Repairs:
10% Contingency:
$15,000
$1,500
Known Funding Sources: City: $15,000
Proposed Project Schedule: Summer 2004
ISobey Road/Quito Road Traffic Improvements (Marshall Lane School~
This project is directed at improving traffic safety around Marshall Lane School. Over the past
year the City has been working with the Campbell Union School District to improve traffic safety
and vehicular flow around Marshall Lane School. It is proposed that an internal loop road be
constructed through Marshal Lane School that would connect Sobey Road and Marshall Lane. A
new drop off area would be constructed on school property thus eliminating the existing and
dangerous Sobey Road drop off area. The proposed circulation would be: Quito Road to Sobey
Road to New Loop Road to Marilyn Ave to Marshall Lane to Quito Road. To facilitate the
circulation plan it is necessary to modify the traffic signal and turn lanes at the Quito and Pollard
Road intersection. The school district has indicated that it will fund the internal loop road.
Currently this project is in the conceptual design stage and will need to go before the Public
Safety Commission and before the public so that surrounding residents can participate in the
project.
e
Estimated Proj ect Cost:
$150,000
Cost Breakdown: Roadway Modifications:
Traffic Signal Modifications:
Design:
10% Contingency:
$75,000
$50,000
$10,000
$15,000
Known Funding Sources: City: $150,000
School District: Costs for intemalloop road.
Proposed Project Schedule: Summer 2004
!Norton Road Fire Access Roa~
This project would construct a fire access road connecting Norton Road to the Artist in
Residency Road in Montalvo.
Estimated Project Cost:
$110,000
Cost Breakdown: Roadway Improvements
$100,000
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10% Contingency:
$10,000
Known Funding Sources: City: $110,000
Bolhman Road Property Owners: $Unknown
Proposed Project Schedule: Summer 2004
[Aloha Street Safety Improvement~
This project would partially close Aloha Street at the Highway 9 intersection, which would then
allow ingress traffic only from Highway 9.
Estimated Proj ect Cost:
$49,500
Cost Breakdown: Roadway Improvements:
Design:
10% Contingency:
$40,000
$5,000
$4,500
Known Funding Sources: City: $49,500
Proposed Project Schedule: Fall 2004
e North Campus Improvements (Fellowship Hall)]
This project would improve the Fellowship Hall restroom at the City's North Campus to ADA
standards and perform miscellaneous interior upgrades. Design work is complete.
Estimated Project Cost:
$151,800
Cost Breakdown: ADA Improvements:
Interior Upgrades:
10% Contingency:
$120,000
$18,000
$13,800
Known Funding Sources: City: $151,800
Proposed Project Schedule: Spring 2004
!odd Fellows Trail Developmen~
This project would develop a trail link to the San Marcos Open Space through Odd Fellows.
Estimated Project Cost:
$60,500
e
Cost Breakdown: Trail Improvements:
Design:
$50,000
$5,000
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10% Contingency:
$5,500
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Known Funding Sources: City: $60,500
Proposed Proj ect Schedule: Fall 2004
¡San Marcos Open Space Trai~
This project would develop a trail through the City owned San Marcos Open Space area.
Estimated Project Cost:
$27,500
Cost Breakdown: Trail Improvements:
10% Contingency:
$25,000
$2,500
Known Funding Sources: City: $27,500
Proposed Project Schedule: Fall 2004
!New City Monument Sign~
This project would install new monument signs at the City entry points where none exist:
Estimated Project Cost:
$17,500
e
Cost Breakdown: Monument Sign Improvements:
10% Contingency:
$15,910
$1,590
Known Funding Sources: City: $17,500
Proposed Project Schedule: Fall 2004
Adopted CIP Projects for Fundinl! Consideration:
The following projects are adopted 2001-2006 CIP projects that are unfunded or have a need for
increased funding:
!park/Trail Repair~
This is an adopted CIP proj ect that was created to make various infrastructure improvements to
park and trails. There is a balance of $66,743 currently in the project of which $39,137 is
earmarked for trail improvements. There are various additional trail repairs and improvements
identified by the Trail Subcommittee, which requires an increase in funding.
Estimated Proj ect Cost:
$30,000
e
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Cost Breakdown: Trail Signage (rules):
Trail Improvements on existing easements:
10% Contingency:
Known Funding Sources: City: $30,000
Proposed Project Schedule: Fa1l2004
!Kevin Moran Park Improvement~
$2,500
$25,000
$2,500
This is an Adopted CJP project to develop the unimproved areas of Kevin Moran. Currently this
is an unfunded project.
Estimated Project Cost:
Cost Breakdown: Sod imp to the large unimproved area:
Sport Court (tennislbasketball):
Pathway Improvements:
Enclosed Dog Area:
Perimeter Landscaping:
Parking Improvements:
Restroom:
Design:
10% Contingency:
Known Funding Sources: City: $400,000
Proposed Project Schedule: Fall 2004
\Median Repairs (Landscaping/Jrrigation~
$400,000
$110,000
$70,000
$45,000
$15,000
$25,000
$45,000
$30,000
$25,000
$38,500
This is an Adopted CJP project to make various infrastructure improvements (planting and
irrigation) to the existing medians in the City. Currently funding appropriated to this project has
been expended. Additional funding will be necessary to finish the repair work started.
Estimated Project Cost:
Cost Breakdown: Repair Work:
10% Contingency:
Known Funding Sources: City: $82,500
Proposed Project Schedule: Spring 2004
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$82,500
$75,000
$7,500
6. FUNDING SUMMARY
Cost Surmnarv of AdilitionaJ New ClP Proiects Currently I Not Approved I by City Council for
Funding Consideration:
Civic Theater Lower Perimeter Re-Roof: $49,500
Civic Center Eave Replacement - Community Development/Engineering: $ 17,600
Civic Center HV AC Duct Improvements - City Manager! Administration: $8,250
Civic Center Re-Roof - City Managerl Administration: $55,540
Civic Center Re-Roof - Community DevelopmentÆngineering: $91,080
Total: $221,970
Cost Surmnarv of New and Adopted Unfunded ClP Proiects [Approved I bv City Council for
Funding Consideration:
New CIP Projects:
Village Façade Matching Fund: $50,000
Children's Amphitheater: $60,500
Foothill School Joint Improvements (Field Improvements): $27,500
Blaney Plaza Improvements - Construction Phase: $121,000
Fire Alarm System for the Historical Park Buildings: $7,425
Repair Work to Trail Segment #3 ("Tank Trail"): $16,500
Sobey Road/Quito Road Traffic Improvements: $150,000
Norton Road Fire Access Road: $11 0,000
Aloha Street Safety Improvements: $49,500
North Campus Improvements (Fellowship Hall): $151,800
Odd Fellows Trail Development: $60,500
San Marcos Open Space Trail: $27,500
New City "Gateway" Monument Signs: $17,500
Adopted Unfunded CIP Projects:
Park/Trail Repairs: $30,000
Kevin Moran Park Improvements: $400,000
Median Repairs (Landscaping/Irrigation): $82,500
Total: $1,362,225
I Grand Total:
$1,584,195
I Total Funds Currently Available for New or Existing CIP Projects:
$930,589
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FISCAL IMPACTS:
Unknown at this time. Depends on the final CIP project list.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S):
Not Applicable.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The continuation of the Public Hearing will be scheduled for the December 17,2003, City Council
meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Budget Resolution.
2. CIP Project Spreadsheet.
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SARATOGA CITY COUNCIL
MEETING DATE:
Novernber 5, 2003
5
AGENDA ITEM:
CITY MANAGER: ¿/.--:/ C/
ORIGINATING DEPT: Community Development
PREPARED BY:
y
Thomas Sullivan, AICP
DEPT HEAD:
SUBJECT:
Zoning Ordinance Amendrnent - Revisions to Article 15-06 - Definitions
RECOMMENDED ACTION:
The Planning Commission and Staff recommend the City Council conduct the Public Hearing
and grant first reading to the proposed ordinance amendments.
REPORT SUMMARY:
In an on going effort to make the City of Saratoga processes and ordinances consistent with one
another, Staff is presenting to the City Council a set of amendments to the Definitions section of
the Zoning Ordinance. This section was selected as the next major update as it is one of the
most widely used portions of the Saratoga City Code. The proposed amendments not only move
towards rectifying practices and the letter of the law but also provide much needed streamlining
and clarification. On September 24, 2003, The Planning Commission conducted a Public
Hearing and adopted Resolution No. 03-039 recommending that the City Council adopt the
proposed ordinance amendments related to the Definitions section.
In addition to providing revisions to existing definitions, Staff is recommending that several new
planning terms be defined in this section. The definition of "height" has been completely
rewritten. Currently, the definition is vague and difficult to administer. Currently the
definition of height addresses both fences and structures. These have been separated. Other
highlights include changing the definition of driveways and streets so that a common driveway
is not considered "right-of-way" and treated in similar manner to a street. The definition of
"Manufacturing" has been removed, as it is not a permitted use within the City.
Staff has provided the typical Gtrilœthrough for deletions and bold jtalic for additions. This
seems the best method to present the proposed changes to the Commission.
15-06.005 Application of definitions.
The definitions set forth in this Article shall be applied throughout this Chapter, unless the
context or the provision clearly requires otherwise.
15-06.010 Abandon.
.
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding tempotary or short-term interruptions to a use or activity during periods of
remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site
or structure, or during normal periods of vacation or seasonal closure, or during brief periods of
discontinuance in connection with a pending sale or other transfer of ownership or management
of a use or structure.
15-06.011 Abatement.
"Abatement" means the act of eliII1Ínadng the conclition that causes a nuisance.
15-06.020 Abutting.
"Abutting," means having property lines or district lines in common.
15-06.021 Access.
"Access" means a way or means of approach to provide velllcular or pedestrian physical
entrance to a property.
15-06.022 Accessory Structure.
.
'Ý1ccessory Structure" means a structure detached from the main structure on the lot and
incidental and suborclinate to the main structure or use, but not ínclucling Second Dwel!íng
Units.
15-06.023 Accessory Use.
'Ý1ccessory Use" means a use of land or a building or pordon thereof incidental and
subordinate to the principal use of the lands or builcling and located on the same lot with
the principal use.
15-06.024 Acre.
'Ý1cre" means a measure of land area containing 43,560 square feet.
15-06.030 Addition.
"Addition" means any construction, which increases the size of a structure in terms of site
coverage, height, or gross floor area.
.
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15-06.040 Alley.
"Alley" means a servÍCe roadway provkling a secondary means of public access to abutting
property and not intended for general traffic CÍrculation. public way permanently rescrved
primacrily for 'lebicular ser?i.ce access to the rear or side of properties other-vise abutting on a
~
15-06.050 Alteration.
"Alteration" means any construction or physical change in the internal arrangement of rooms or
the supporting members of a buildings or structure, or change in relative position of buildings or
structures on a site, or substantial change in the exterior appearance of any building or
structure.
15-06.051 Apartment Unit
"Apartment Unit" means an independent, seH-contained dwelling unit with one or more
rooms with private bath and kitchen facilities in a building containing three or more such
dwelling units.
15-06.052 Applicant
"ApplÍCant" means a person submitting an applÍCation for development. Where the
Applicant is not the owner of the lot that is the subject of the appHcation for development,
the AppHcant shall provide the approving authority with evidence that the appHcation for
development is authorÍZed by the owner.
15-06.053AppHcation for Development
"AppHcation for Development" means the appHcation form and all accompanying
documents and exhibits required of an appHcant by the approving authority for
development appHcation revÍew purposes.
15-06.060 Approving authority.
"Approving authority" means the legislative body, commission, committee or official of the City
designated under the provisions of this Chapter as having the authority to initially approve or
deny a particular type of application.
15-06.061 Appurtenances
"Appurtenances" means the visible, functional, or ornamental objects accessory to and part
of buildings, such as; chimneys, flag poles, cupolas, spires, or antennas.
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15-06.061 Arcmtectural Feature
"Architectural Feature" means a prominent or significant part or element of a building,
structure, or sÍte.
.
15-06.062 Arcmtectural Style
''Arcmtectural Style" means the characteÚstic form and detail of buiklings of a particular
mstorÍC architectural context or period
15-06.070 Attached.
"Attached" means anything physically connected to a building or structure so as to become an
integral part thereof. The term includes components of a structure joined together by a common
wall, floor or ceiling or a fully enclosed hallway.
15-06.0BOAttÍC
''AWe'' means that part of a building that is immediately below and wholly or partially
within the roof !Taming.
15-06.090 Basement.
.
"Basement" means a space in a structure that is partly or wholly below grade and where the
vertical distance from grade to a finished floor directly above such space is less than or equal to
forty-two inches. (See Figure la) If the finished floor directly above the space is more than forty-
two inches above grade at any point along the perimeter, such space shall be considered a story,
and the entire space shall be included in the calculation of gross floor area. This requirement
applies to all lots, with the exception of hillside lots.
On hillside lots, as defined in Section 15-06.420( e), only the portion of space where the vertical
distance of the finished floor directly above such space is more than forty-two inches above
grade shall be counted as floor area and considered a Story. The number of stories measured
vertically at any given point shall not exceed the maximum number of stories allowed in each
zoning district. (See Figure Ib) However, if the vertical distance of the finished floor above the
space is not more than forty-two inches above grade for at least eighty percent of area of such
space, then the entire space is a basement that shall not be included in the calculation of gross
floor area and shall not be considered a story. (See Figure Ie)
As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to
the exterior walls of the structure, whichever is lower. The Community Development Director
shall make the determination for sites where it is unclear as to which is the natural and which is
the finished grade. Basements are subject to the requirements of Section 15-80.035.
15-06.100 Bed and breakfast establishment.
.
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.
"Bed and breakfast establishment" means a structure designed as a single-family dwelling
contmning no more than three rooms, which rooms are rented for transient occupancy and
breakfast is served to the guests on the premises.
15-06.105 Below Market Rate Dwelling Unit.
"Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to
only households that quaBfy as lower, very-low, or extremely-low income households as
those terms are defined in the most recent Santa Clara County Housing and Urban
Development Program Income Limits or, in the event that the most recent such report is
more than five years old, in accordance with the definitions set forth in Health and Safety
Code sections 50079.5, 50I05, and 50106 as those sections exist as of the effective date of
this restriction.
15-06.110 Block.
"Block" means any lot or group of contiguous lots on one side of a street and lying between
intersecting streets, railroad rights-of-way, waterways or unsubdivided land.
15-06.120 Building.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
15-06.122 Building, Mmn.
"Building, mmn" means a building in which the principal use of the parcel and/or building
site is conducted.
15-06.125 Building site.
"Building site" means an accessible area on which the main and accessory structures can be
located. (Ord. 71.98 § 3 (part), 1991) ''Building site" means a lot, occupied or to be occupied by
a main building and accessory buildings, or by a dwel1ing and its accessory buildings,
together with such open spaces as are required by the terms of this chapter.
15-06.130 Cabana.
"Cabana" means an accessory structure designed for use as a bathhouse or recreation room in
connection with use of a swimming pool.
15-06.140 Carport.
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"Carport" means an accessory structure or a portion of a main structure designed for the storage .
of motor vehicles having a permanent roof and not fully enclosed on all sides.
15-06.150 Clinic.
"Clinic" means a faciliry for the medical diagnosis and treatment of outpatients.
15-06.160 Community facility.
"Community facility" means a place, structure, area or other facility used for and providing
fraternal, social or recreational programs or activities generally open to the public. The term
includes parks, swimming pools, recreational courts, community centers, libraries, museums,
and golf courses.
15-06.165 Community view sheds.
"Community view sheds" means any views, which are visible from an area which has scenic
value for the community.
15-06.170 Corral.
.
"Cotral" means an area enclosed by fencing for the keeping of horses or other livestock.
15-06.180 Covered parking.
"Covered parking" means a garage or carport that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not
ordinary roof coverings and cannot be used in providing a covered parking space.
15-06.185 Creek bank.
"Creek bank" means the sides of a watercourse, the top of which shall be the topographic line
roughly parallel to stream centerline where the side slopes intersect the plane of ground
traversed by the watercourse. Where banks do not distinguishably end, the top of such banks
shall be determined by ta.e City or Santa Clara Valley \'/ater District. City or Santa Clara
Valley Water District shall deterlflÍne the top of such banks.
15-06.190 Day care facility.
.
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.
"Day care facility" means rhe use of a site or portion of a site for a group day care program for
eight sÐ< or more cnents childrcR other than those resident on the site. The term includes
nursery school, preschool and similar facilities.
15-06.200 Detached.
"Detached" means a building or structure, which is not attached to any other building or
srructure,
15-06.204 Development.
"Development" means, on land, in or under water, the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous, liquid,
solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials;
change in the density or intensity of use of land, including but not hmíted to, subdivision
pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government
Code), and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for public
recreational use; construction, reconstruction, demolition, or alteration of the sÍZe of any
structure, including any facf!jty of any private, public or mUlllCÍpal utility; and the removal or
harvesting of major vegetation other than for agricultural purposes.
15-06.210 District.
"District means a zoning district CGtabliGhcd undcr the pro'/ÍsioRs of this Chapter.
"DistrÍCt" means a portion of the City within which certain uses of land and structures are
permitted, conditionally permitted, or prohibited and within which certain yards and other
open areas are required and certain height hmíts and design standards are established for
structures, all as set forth andspecmed in this Chapter."
15-06.220 Drive-through service.
"Drive-through service" means a feature or characteristic of a use involving the sales of products
or provision of services to occupants in motor vehicles, including drive-in or drive-up windows.
15-06.230 Driveway.
"Driveway" means a private roadway servicing up to four parcels a single site, the use of which
is limited to persons residing or working on the site and their iW/irecs, licensees and business
visitors, which provides access to off-street parking or loading spaces on the site.
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15-06.240 Dwelling.
"Dwelling" means a r*æe-permanent buildjng or a porÛon of a permanent bujJdingused as
the personal tesidence of the occupants theteof, excluding trailers, campers, tecreational
vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures.
(a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking
and sanitation facilities, constituting a separate and independent housekeeping units, occupied
or intended for occupancy by one family on a pennanent basis and having not more than one
kitchen.
(b) Single-family dwelling means a dwelling unit constituting the only main structure upon a
single bujJding site.
(c) Multi-family dwelling means a structure or site containing more than one dwelling unit,
designed for occupancy by more than one family livjng jndependently of each other, and
dojng thdr own cooling jn the bujJdjng provided However, a single-family dwelling and a
lawful second unit dwelling located upon the same site shall not be deemed a multi-family
dwelling.
(d) Second Ulilt dwelling means an attached or detached resMenÛal dweJJjng Ulilt wmch
provMes complete jndependent liTdng facj}jÛes for one or more persons, jncluding permanent
proTdsjons for liTdng, cooJdng, sleepjng and samtadon on a parcel wjtmn the A, R-l, or HR
district where a legally created sÍngle-famHy dweJJjng js sjtuaæd Second dweJJjng Ulilts are
not to be sold separately from the prÍI11ary dwelling, but may be rented
15-06.250 Emergency access.
"Emergency access" means a street, which is gated or otherwise closed to regular use by
vehicular traffic and intended for use by vehicular traffic only in the event of emergency.
15-06.255 EquestrÍan zone.
"EquestrÙn zone" means an area of the Oty where horses may be maintaÍ.ned for prjvate use
and commeräal or commuI1Í.ty stables may be maÍ.ntaÍ.ned only jn such zOI1Í.ng distrÍcts and
only WÍth such mÙilmum sÍte areas and 1I1Í.I1Í.mum distances of stables and corrals from
property lines and other structures as per1I1Í.tted under the applicable zonjng reguladons set
forth Ín Chapter 15 of tms Code.
15-06.260 FamjJy.
"Family" means an individual or two or more persons occupying a dwelling unit and living
together as a single housekeeping unit in which each occupant has access to all parts of the
dwelling unit. A famjJy shall be deemed to jnclude necessary household help. The term shall
not include a group of persons occupying a hotel, motel, bed and breakfasr establishment,
nursing home, or institution of any kind.
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15-06.261 Fence.
"Fence" shall mean any structural devÍCe, other than a wall of a buÏldÍng, formÍng a physÍCal
barder by means of glass, wood, masonry, metal, chaÍn, bdck, stake, plastÍC or other sÍmÏlar
matedals.
15-06.270 Financial institution.
"Financial institution" means a bank, savir:tgs and loan association, credit union, thrift
association or similar organization.
15-06.280 Floor area; gross floor area.
W Floor area means horizontal area measured in squarc feet.
(b) Cross floor area means the total habitable ancl/or accessible floor space under roof of all
floors of a building measured to the outside surfaces of exterior walls, including halls, stairways,
elevator shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas
with an interior height of five feet or greater, porches, verandas and similar building elements
with a solid roof and enclosed on three or more sides, garages and enclosed accessory structures.
In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at
which the interior height is less than five feet. The term "interior courts" as used in this section
means an area within the structure enclosed on all sides.
Gress fleer Floor area does not include basements, exterior roof overhangs, exterior unenclosed
balconies, inaccessible attic areas, unenclosed accessory structures and unenclosed areas
underneath exterior decks or balconies. The term "enclosed" as used in this section means a
structure with three or more walls, or an equivalent percentage of enclosure for an area with
more than four walls, and a solid roof.
15-06.290 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the
frontage shall be that property line abutting on a street, which does not result in the creation of
a nonconforming lot with respect to frontage, width or depth. If more than one property line of a
corner lot abutting on a street can be designated as frontage without creating a nonconforming
lot, then any of such properry lines may be deemed the frontage.
15-06.295 Game arcade.
"Game arcade" means an establishment having more than three coin or token operated pinball
machines, video games or other form of mechanical or electronic games or any combination
thereof, available for use by the general public. A game arcade may exist as either a principal use
or as an incidental use conducted by another principal use on the site.
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15-06.300 Garage.
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"Garage" means an accessory structure or a portion of a main structure that has a permanent
roof, Ís fully enclosed on aD sÍdes, and Ís designed for the storage of motor vehícles. Hœ/.ng a
permanent roof and designed to be fully enclosed on all sides.
I5-06.31O Gasoline service station.
"Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for
the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto,
including the washíng of vehícles where no chain conveyor, blower or steam cleaning device is
used.
15-06.320 General Plan.
"General Plan" means the current General Plan as adopted by the City pursuant to the
requirements of the Government Code and Íncludes, for the purposes of thÍs Chapter, any
specific plan applicable to the site.
15-06.325 Geotechnical clearance.
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"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating
that:
(a) The applicant has identified all geological and geotechnical hazards and constraints present
on the site;
(b) The applicant has evaluated those hazards and constraints identified in subsection (a)
whích would affect the proposed development of the site or impact adjacent properties, as
required by the City Engineer and City Geotechnical Consultant;
(c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards
and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City
Geotechnical Consultant;
(d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of
the application.
Geotechnical clearance does not and shall not be construed as constituting an approval or
entitlement of any form or type.
15-06.330 Guest house.
"Guest house" means an accessory structure containing a lodging unit without kitchen facilities,
and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on a
the same site. .,
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15 06.310 Height.
"Height" meaRG the ','ertical distance frøm the highest point of a structure tG the i.mRìediately
adjacent natural grade not created by a fill; provided, howeveJ', that for the purposes øf
measuring height, chimneys, flagpoles and radiø aRd tele'rÍGiøn aerials shaIl not be cønsidered a
part øf the structure. In the case øf fences, walls and hedges, the height thercof shall be that side
having the greatest distance as meas-ured by a vertical line fræn the highest point øf the fencc,
'.vall ør hedge tG a point directly below at either the natural grade ør the finished grade,
whiche','Cf s-uch grade is lower. \VheJ'e a fence is constructed upon, or apprmdmately parallel tø
and withiR two feet from, a retaining wall, the height theJ'eof shall be the cømbined height øf the
fence and the retaiRiRg wall, as measured frøm the top øf the f-ence tø the bottGm øf the retaining
',vaIl in the manncr prescribed herein. (f.mended by Crd. 71.99 § I, 1991)
15-06.340 Height of Buildings
"Height of Buílding" means the vertical distance from the average of the Mghest and lowest
point of the lot at the building's edge, measured from natural grade, of that portion of the
lot covered by the buílding to the topmost point of the roof exduding appurtenances,
unless otherwise spedfled in tMs chapter. The Community Development Director, through
the use of the best available information, such as tract grading plans, vegetation, and
e neighborhood topography or existing grades, shall determjne natural grade.
15-06.341 Height of Fences, walls and hedges
"Height of fences, walls and hedges" means a vertÍCalline from the Mghest point of the fence,
wall or hedge to a poÍnt directly below at either the natural grade or the flnished grade,
wMchever such grade is lower. Where a fence is constructed upon, or approximately parallel
to and within two feet of the top of a retaÍning wall, the height of the fence shall be the
vertical distance measured from the top of the fence to the bottom of the retaÍIIÍng wall in the
manner prescribed herein.
15-06.350 Home occupation.
"Home occupation" means the any actiVÍty wMch is the conduct of an art or profession, the
offering of a service, the conduct of a business or the handcraft manufacture of products in a
dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use
of the dwelling for dwelling purposes, tG residential øccupancy and in accord with the
provisions of this Code.
15-06.360 HoteL
e
"Hotel" means a structure or portion thereof or a group of attached or detached structures
containing individual guest rooms or suites where lodging is provided primarily tG transients for
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compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or .
similar use.
15-06.370 Impervious surface.
"Impervious surface" means any structure or hard surface which substantially impairs the
natural permeability of the soil, including, but not limited to, solid surface decks and patios,
accessory structures, swimming pools, recreational courts, paved driveways and parking areas,
and surfaces comprised of gravel, clay, bricks with sand, or concrete cement v;ith grœ.,cl.
15-06.380 Institutional facility.
"Institutional facility" means a place, structure or area operated by a public or private
organization or agency, used for and providing educational, residential, or health care services to
the community at large. The term includes residential developments and health care facilities
operated by non-profit organizations, and both public and private schools or colleges
15-06.385 Intermittent stream.
"Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons.
.
15-06.390 Keeping; keeping for private use.
(a) Keeping, in relation to the keeping of animals, means the harboring or maintammg
possession of any animal on a site together with the maintenance of such animal by the feeding
or otherwise supplying of necessities of life to the same. Any animal 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 occupant of the site.
(b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal
owned by the owner of the site where such animal is kept, for the private use by such owner and
his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or
sale.
15-06.400 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food.
15-06.405 Lightwell.
"Lightwell" means an excavated area adjacent to a building that extends no more than four feet
measured horizontally from the building perimeter to the interior wall of the lightwell, that is .
enclosed on four sides, that is open at the top, and allows light into a below grade level of a
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building. Lightwells shall have guardrails and gates in compliance with the Uniform Building
Code.
15-06.410 Loading facility.
"Loading facility" means an area on a site or within a building, or both, used or intended for use
for the loading or unloading of goods from a motor vehicle or nailer in connection with the use
of the site on which such facility is located. The loadÍng fadlity area on the sÍte mayincluding
Ínclude loading berths, aisles, access driveways, turning and maneuvering areas, clearances and
similar features af!à; wmch meeting meetthe requirements established by this Chapter,
15-06.4 20 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot abutting the intersection of two or more sneets. A lot abutting on a
curved street or sneets shall be considered a corner lot if straight lines drawn from the
intersections of the lot lines with the street lines to the midpoint of the street frontage meet at
an interior angle of one hundred thirty-five degrees or less, or if the centerline of the street
abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five
degrees or less.
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the requirements of this Chapter for site width. The length of a
corridor access shall be measured from the frontage line to the nearest point of intersection with
that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel sneets.
15-06.4 30 Lot line.
"Lot line" means any boundary of a lot.
(a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot the
shortest dÍmensÍon of the lot frontÍng the street, either of the lot lincs abutting a street
designated as the frontage in accordance with Section 15 06.290, or, on a double frontage lot, the
lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the
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interior lot line most parallel to and nearest rhe street from which the means of access is
obtained, except that where the average width of a flag lot exceeds its average depth and the .
longer dimension is considered the depth, the front lot line will be the property line from which
the front yard is measured.
(b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot
line. line not intemecting a front lot line, 'Nhich is most distant from and most closely parallel to
the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
(1) The Community Development Director may assjgn or designate lot lines for
irregular shaped parcels.
15 06. 410 Manufacturing.
"Manufacturing" means a use engaged in the manufacture, prcdominantly from previously
prepared materials, of finiGhed products or parrs, including proccssing, fabrication, assembly,
treatment, and paclmging of such products or parts, and incidental storage, sales and
diGtribution thereof.
15-06.445 Mixed Use Development.
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The development of a lot or building with two or more different land uses, such as
residential, commerdal, ofnce or public.
15-06.450 Motel.
"Motel" means hotel, as defined in Section 15-06.360.
15-06.460 Nonconforming.
"Nonconforming" means not in conformity with any of the regulations set forth in this Chapter.
(a) Nonconforming use means a use of a structure or site, or both, which was lawfully
established or maintained in compliance with all zoning regulations then applicable to such use,
but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in
use regulations, no longer conforms with the use regulations of the district in which it is located.
The term includes a use, vå1ich becomes nonconforming by reason of failure to pro':ide the off
street parldng or loading facilities, or both, as required by this Chapter.
(b) Nonconforming structure means a structure which was lawfully constructed in compliance
with all zoning regulations then applicable to the site, but which, by virtue of a subsequent
rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms
with the standards of size, coverage, yard spaces, height, distance between structures, or other
regulation of this Chapter for the district in which the structure is located. .
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(c) Nonconforming facility means a structure or site, which conforms with the regulations of
this Chapter but is used or occupied by one or more nonconfonníng uses.
(d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a
legal building site at the date of adoption of an ordinance rendering it nonconforming.
(de) Nonconfonníng site means a site which was lawfully created in compliance with all zoning
and subdivision regulations then applicable to the site, but which, by virtue of subsequent
rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms
with the standards of area, frontage, width, depth, or other regulation of this Chapter for the
district in which the site is located.
15-06.470 Nursing home.
"Nursing home" means a residential structure in which nursing, dietary and other personal
services are rendered to six or more convalescents, invalids or elderly persons residing at the
facility thereat, and in which surgery or other medical treatment customarily given in hospitals
is not performed. A convalescent home or rest home shall be deemed a nursing home. The term
shall not include a so-called half-way house or rehabilitation center occupied by persons under
treatment for alcoholism, drug abuse or any contagious disease.
15-06.480 Office.
(a) Professional office means a use providing professional or consulting services.
(b) Administrative office means a use providing facilities for the conduct of management and
administrative functions of a business or other enterprise.
(c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or
corrective personal treatment services by doctors, dentists, and similar practitioners of medical
and healing arts for humans.
15-06.485 Open space.
"Open space" means as defined in the Open Space Element of the General Plan.
15-06.481 ParJdng DistrÍCt
''ParJdng DistrÍCt" means an assessment distrÍCt formed by the City of Saratoga for the
purpose of providing shared parJdng for several individual properties.
15-06.490 Parking facility.
"Parking facility" means an area on a site or within a building, or both, used or intended for use
for parking of one or more motor vehicles, including aisles, access driveways, turning and
maneuvering areas, clearances and similar features, and meeting the requirements established by
this Chapter. The term includes garages, carports, parking lots and parking structures.
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I5-06.495 Perennial stream.
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"Perennial stream" means a watercourse of persisting water flow throughout the year.
15-06.500 Repealed.
(Ordinance 71.66, adopted September 6, 1989.)
I5 06.5IO Plan line.
"Plan line" means thc boundaries and limits of a plar..ncd right of way, including the future
right of way of an existing street as it is proposed to be widened or extended, and including aU
lands neccssary for the building, widening or maintenance of any road, street, allcy or any othcr
type of public right of ws-y.
15-06.516 Quasj-Public Use.
"QuasFpublic use" means a use owned or operated by a nonprofit, reHgjous, medjcal or .
charkable jnsUtuUon, haVÍng the pämary purpose of servjng the general pub}jc and
provMjng educaUonal, cultural, recreatjonal, reHgjous, or sÙIlilar types of programs.
I5-06.520 Property line.
"Property line" means lot line, as defined:in Section 5-06.430.
15-06.525 Protected creek.
"Protected creek" means any creek identified in the most recently available Maps of Flood
Control Facilities and limits of One Percent Flooding prepared by the Santa Clara Valley Water
Distrkt, and as may be amended from time to time.
15-06.530 Recreational court.
"Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used
primarily for athletic activities, other than swimming pools, and including, but not limited to, .
courts for tennis, racquetball, paddle ball, squash, basketball, and similar activities.
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15-06.540 Religious institution.
"Religious institution" means a use providing facilities for organized religious worship and
religious education and other activities incidental thereto. A property tax exemption obtained
pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State
Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such
use is a religious institution.
15-06.550 Restaurant.
"Restaurant" means any eating or drinking establishment having seating capacity which sells or
offers for sale to the public any food or drink for immediate human consumption on the
premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar,
soda fountain or dining room.
15-06.557 RestrÍCtÍon.
"RestrÍctÍon" means a límÍtadon on property that may be created Ín a property deed, lease,
mortgage, through certaín zonÍng or subdlvÍsÍon reguladons, or as a condltÍon of approval
. of an applícatÍon for development.
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15-06.560 Retail establishment.
"Retail establishment" means a use engaged in providing retail sale or rental of items primarily
intended for consumer or household use.
(a) Extensive retail establishment, as used with respect to parking requirements, means a retail
use having more than seventy-five percent of the gross floor area used for display, sales and
related storage of bulky commodities, including household furniture and appliances, lumber and
building materials, carpeting and floor coverings, air conditioning and heating equipment, and
similar goods, which uses have demonstrably low parking demand generation per square foot of
gross floor area.
(b) Intensive retail establishment, as used with respect to parking requirements, means any
retail use not defined as an extensive retail establishment.
15-06.570 Right-of-way.
"Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street,
road or alley, or to provide pedestrian or equestrian access, or public utility service, or any
combination thereof, and includes all and any part of the entire width or other area of a
designated right-of-way, whether or not such entire width or area is actually used for street,
road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access,
pedestrian, equestrian and utility easements,
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(a) Public right-of-way means a right-of-way owned by the City or any other public entity or .
public utility.
(b) Private right-of-way means a right-of-way owned by and for the benefit of one or more
persons, including a right-of-way offered for dedication to the City or to any other public entity
which has not been accepted and on which no improvements or maintenance has regularly been
performed by the City or other public entity.
(c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings,
switching equipment and signals are located, and includes the entire width or other area of the
designated right-of-way, whether or not the entire width or area is actually used for such
railroad facilities.
15-06.575 Repealed.
15 06.580 Second unit.
"SecoRd unit" means a separate dy;e-lling unit created upon a site 'Nithin thc A R 1, or HR
district that already contains one legally created single famliy d"velling. Subject to the
restrictions contained in this Chapter, a second unit may be either attached to or dctached from
the existing single family d",-,elling. V.mended by Ord. 71.113 (part), 1992)
15-06.585 Service establishment.
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"Service establishment" means a use, not conducted within an office, providing services for the
personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects
and not primarily for the sale of goods or merchandise.
15-06.587 Setback.
"Setback" means the minimum distance between the structure and any lot line.
IS-06.590 Setback line.
"Setback line" means a line that is located at the required mÍnimum distance from any lot
line, wmch establishes area within wmch the principal structure, a fence or a wall greater
than sÍX (6) feet, and certmn endosed accessory structures listed in Section 15-80.030(d)
must be erected or placed within a lot parallel to a corresponding lot or strcet line, "vhich is
the boundary of any specified front, aide or rcar yard, or a line othe1'\vise established to govern
the location of bui1dings, structures, or uses with respect to lot lines, strcct lines, plan lines, or
other physical f.eatures. \Vhere no minimum front, side or rear yard is spccified, and no setbacl<
requirement is otherwise imposed, the setbacl< line shall be the same as thc correoponding lot .
lffie,
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15-06.600 Shopping center.
"Shopping center" means a group of five or more retail service establishments, planned,
developed, owned or managed as a unit, with off-street parking provided on the site.
15-06.565 SÍght Triangle
"SÍght trÍangle" means a trÍangular-shaped portÍon of land estab]jshed at street
intersectÍons pursuant to SectÍon 15-29.010(e) Ín wmch notmng Ís erected, placed, or
planted or allowed to grow Ín such a manner as to lÙnÍt or obstruct the sÍght dÍstance of
motorist enterÍng or leavÍng the ÍntersectÍon.
15-06.610 Sign.
See Section 15-30.020 in this Chapter for definition of sign, sign area, sign height, sign program,
illuminated sign, free standing sign, portable sign, identification sign, construction sign,
directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event
sign and subdivision sign.
15-06.620 Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing public or private street, road or
access easement, except an emergency access street.
(2) Any portion of a site within the proposed right-of-way of a future street (except an
emergency access street), as shown on an approved tentative subdivision map or building site
appro'lal or a recorded subdivision or parcel map, or an official plan line recorded by the City.
(3) The portion of a flag lot constituting the access corridor lying between the front lot line and
the fronrage line of the corridor at the street.
(4) Any portion of a site within an easement to the Santa Clara Valley Water District.
(5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist,
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines, measured at right angles to
the site depth at a point midway between the front and rear lot lines, or if there is no rear lot
line, at the midway points of the intersecting side lot lines.
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(e) Site depth means the horizontal distance from the midpoint of the front lot line to the .
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no
rear lot line.
(£) Site coverage means the percentage of net site area covered by impervious surfaces including
all structures, open or enclosed, or projections of structures.
15-06.630 Slope.
"Slope" means the average slope of the net site area determined by the following formula, and
rounded to the nearest whole percent:
Average slope is .00229/ I x L = A
Where:
I = Contour intervals in feet (at intervals of not more than five feet.)
L = Combined length of contour lines in feet
A = Net site area expressed in acres
15-06.640 Stable.
"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.
(a) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. .
(b) Commercial stable means any establishment providing services or shelter for horses owned
and used by someone other than the occupant or owner of the residence and inclumng but
not límited to boarding stables, rímng schools, related shows, lessons, clínics and similar
activities, facilities for the keepiRg or )owe of horses, other than thc l{Ccping for privatc usc,
including, but not limited to boarding stables and riding schools, but not including community
stables.
(c) 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.
15-06.650 Storage.
(a) "On-site storage"means the use of a site or structure, or portion thereof, for the keeping of
materials, supplies, inventory, equipment, or other items of personal property owned by the
occupant of the site or structure and kept in connection with such occupant's use of the
premises. "Storage" does not include any area where merchandise offered for sale is on display or
where retail services are otherwise being rendered, nor does the term include any area generally
accessible to persons other than the occupant who may lawfully come upon the premises.
(b) "Off-site storage" means the use of a site or structure, or portion thereof, for the
keepÍng of materials, supplies, inventory, equipment, or other Ítems of personal property .
which is not owned by the occupant of the site or structure.
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15-06.655 Story; multi story.
"Story" means that portion of a building included between the surface of any floor and the
surface of the floor next above, or if there is no floor above, then the space between the floor and
the ceiling or roof next above. Basements are excluded from being considered a story.
15-06.660 Street.
"Street" means a right of way fOF motOf' '¡chicle travel fJro'¡í.cling a means of access to t\VO or
moœ sites.
"Street" means an existing pennanent public or private right-of-way, which is used as the principal
means of access to abutting properties.
(a) Public street means a street owned and maintained by the City, the County or the State,
including streets offered for dedication, which have been regularly maintained or improved by
the City, the County or the State.
(b) Private street means a street in private ownership and used or intended for motor vehicle
travel by the owners of the street and persons having express or implied permission from the
owners to use such street. DrÍveways servÍng four or fewer parcels are not conSÍdered
streets.
(c) Street line means the boundary of a street right-of-way.
(d) Emergency access street. See Section 15-06.250.
15-06.670 Structure.
"Structure" means that which is built or constructed which requires a location on the ground, an
edifice or building of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner. "Structure" includes retaining walls, decks, patios,
swimming pools, and recreational courts but does not include a fence or a wall used as a fence
not exceeding six feet in height.
(a) Main structure means a structure housing the principal use of a site or functioning as the
principal use.
(b) Accessory strucrure means a detached sttucture, the use of which is subordinate and
incidental to, and customarily associated with, the main structure or the principal use of the
site, and which is located on the same site as the main structure or principal use. The tenn
includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. ;
and buildings connected to a main structure by a breezeway.
15-06.680 Subdivision Ordinance.
"Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14
of this Code.
210f24
15-06.690 Swimming pool.
e
"Swimming pool" means a pool, pond, open tank or tub capable of contailling water to a depth of
two feet at any point, the primary purpose of which is swimming, wading or other recreational
use. The term includes spa and hot tub.
15-06.700 Use.
"Use" means the conduct of an activiry, or the performance of a function or operation, on a site
or within a structure.
(a) Principal use means a use, which fulfills a primary function of a household, establishment,
institution or other entiry, or the primary function of a site or structure.
(b) Accessory use means a use, which is subordinate and incidental to, and customarily
associated with, a specified prillcipal use, and which is conducted on the same site as the
principal use.
e c) Permitted use means a use listed by the regulations of any particular district as a permitted
use within that district, and generally permitted therein as a matter of right when conducted in
accord with the purposes, objectives and regulations established by this Chapter.
(d) Conditional use means a use listed by the regulations of any particular district as a
conditional use withill that district, and allowable thereill solely on a discretionary and
conditional basis, subject to the issuance of a conditional use permit and to all other purposes,
objectives and regulations established by this Chapter.
(e) Change of use means the replacement of an existillg use by a new use, or a change ill the _
nature of an exisring use, but not including a change of ownership, tenancy, or management .
where the previous nature of the use, line of business, or other function is substantially
unchanged.
15-06. 702 VarÍance
"VarÍance" means permission to depart from the literal requÍrements of the Zoning
Ordinance with respect to site area, site frontage, width and depth, and coverage, setbacks
for front yards, side yards and rear yards, allowable Door area, height of structures,
distance between structures, signs, off-street parking and loading fadlitÍes, fences, walls
and hedges, and alteration or expansion of non-conforming structures, in accordance with
the procedures and requirements set forth in this Chapter. The Planmng Commission must
make spedflc fJndings of fact (or the City Council on appeal) to grant this permission; see
sectÍon 15-70 of this code.
15-06.704 Vested rÍght
"Vested right" means a right that cannot be changed or altered by subsequent changes in8regulatÍon.
e
220f24
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15-06.710 Village.
"Village" means the atea of the City subject to the Satatoga Village Specific Plan, as adopted by
the City on May 18, 1988, and classified pursuant to this Chapter as either CH-l or CH- 2.
15-06.715 Watercourse.
"Watercourse" means the elongated channel or depression whether natural or manmade, in
which water does or may flow and may include the overflow area, if any, of such channel or
depression.
15-06.720 Yard.
"Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a
specified distance, open and unobstructed except for the uses and sttuctures otherwise
permitted allowed therein by the regulations of this Chapter. No yard space provided about any
structure in compliance "vith the regulations for the district in ',vmch it is located shall be
deemed to provide a yard &pace for ¡¡,ay other structure, aad no yard located on one æte shall be
deemed to provide a yard for a structure on any otheJ' site.
(a) Yard measurement. Required yards shall be measured as the minimum horizontal distance
from the lot line to a line parallel thereto on the site, except in the following cases:
(1) Where a street line or plan line is located within the site, the required yard shall be measured
from such street OJ' plan line instead of the lot line,
(2) On a site, which is not rectangular or approximately rectangular in shape, required yards
shall be measured in such manner as dete=ined by the Planning Community Development
Director or as prescribed by the Planning Commission.
(3) ,-,,'here the site is located within a desigBated program area of the Saratoga Housing
/.ssistance and Rehabilitation Program. (SHARP), and wheJ'e the street right of "yay contiguous
to the site is sixty f·cet or greater in '.'1idth, the from yard shall be measured from the back of the
curb at street pavement instead of the front lot line or the street line.
(b) Front yard means a yard measured into a lot from the front lot line (or such other line as may
be applicable under subsection (a) of this Section), extending the full width of the lot between
the side lot lines intersecting the front lot line.
(c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may
be applicable under subsection (a) of this Section), extending the full width of the lot between
the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot
line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line
parallel to the front lot line.
(d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be
applicable under subsection (a) of this Section), extending between the from yard and the rear
yard, An exterior side yard is a side yard measured from an exterior lot line or a street or plan
line; an interior side yard is a side yard measured from an interior lot line,
230f24
15-06.740 ZonÍng Map
''Zoning Map" means the map or maps that are part of the zoning ordinance and delineate
the boundaries of zone distrÍCts.
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The definitions section of the Saratoga Code will remain out of date.
ALTERNATIVE ACTION:
The City Council could revise the language of any or all or the definitions.
FOLLOW UP ACTION:
Direct Staff the place the Zoning Ordinance amendments on the Consent Calendar of the next
regularly scheduled City Council meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Both the Negative Declaration of Environmental Impact and the Public Hearing for this item was
advertised in the October 15,2003 edition of the Saratoga News in a quarter page ad.
ATTACHMENTS:
1. Initial Study and Negative Declaration
2. Draft Ordinance
240f24
.
.
.
·
·
·
ATTACHMENTl
CITY OF SARATOGA
INITIAL STUDY
.
1. Project Title:
SECTION 15-06 - DEFINITIONS ORDINANCE AMENDMENT
Application No. 03-176
City of Saratoga, Community Development Department
13777 Fruitvale Avenue, Saratoga, CA 95070
Thomas Sullivan, AICP, 408.868.1222
CITYWIDE
2. Lead Agency Name & Address:
3. Contact Person & Phone #
4. Project Location
5. Project Sponsor's Name & Address:
6. General Plan Designation:
7. Zoning:
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
N/A
N/a
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if
necessary.) .
The proposed project is the updating and re-writing of Article 15-06 of the Saratoga Code. Article 15-06 is the
Definitions section of the Saratoga Zoning Code. The new ordinance will provide clear definitions to commonly used
planning terms
9. Surrounding land uses and setting: (Briefly describe the project's surroundings.)
NIA
10. Other agencies whose approval is required: (e.g., permits, financing approval, or participation agreement):
No other agencies are involved
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"POTENTIALLY SIGNIFICANT IMPACT' as indicated by the checklist on the following pages.
o Aesthetics
o Biological Resources
o Hazards & Hazardous Materia!s
o Mineral Resources
o Public Services
o Utilities/Service Systems
o Agriculture Resources
o Cultural Resources
o HydroJogylWater Qualily
[J Noise
o Recreation
o Mandatory Findings of Significance
o Air Quality
o Geology/Soils
o land Use/Planning
o PopulationfHousing
o TransportationfTraffic
.
DETERMINATION:
On the basis of this initial evaluation:
~nd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant
effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED
NEGATiVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT
REPORT is required.
x
I find that the proposal MAY have a "potentially significant impacf' or "potentially significant unless mitigated" impact on the
environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially signiticant
effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,
and (b) have been avoided or mitigated pursuant to that earlier EiR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
~___~\\\ ~ ~!~I ð~
Signature
Date
Thomas Sullivan, AICP, Director
Community Development Department, City of Saratoga
Printed Name
For
.
.
2
Issues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
tmpact
.
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista?
x
X
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a scenic highway?
a) Substantially degrade the existing visuai character
or quaiity of the site and its surroundings?
d) Create a new source of substantiai light or glare,
which would adversely affect day or nighttime views
in the area?
Discussion of Aesthetics Impacts: No discussion is required.
II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts
on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the .
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use? X
X
X
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
X
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
X
Discussion of Agriculture Resources Impacts: No discussion is required,
III. AIR QUALITY: Where available, the significance criteria established by the Bay Area Air Quality Management
District may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the X
applicabie air quality plan?)
b) Violate any air quality standard or contribute X
substantially to an existing or projected air quality.
violation?
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard (including
releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
X
X
.
3
_sues (and Supporting Information Services):
Potentialty
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Create objectionable odors affecting a substantial
number of people?
Discussion of Air Quality Impacts: no discussion is required
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantiai adverse effect, either directly
through habitat modifications, on any species
identified as a candidate, sensitive, or speciai status
species in iocal or regional plans, policies, or
regulations, or by the California Dep!. of Fish and
Game or U.S. Fish and Wildlife Service? (source
#16)
b) Have a substantial adverse effect on any riparian
habitat or other sensitive naturai community
identified in local or regional plans, policies, and
regulations or by the California Dep!. of Fish and
Game or U.S. Fish and Wildlife Service?
e
c) Have a substantiai adverse effect on federally
protected wetiands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Pian, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Discussion of Biological Resources Impacts: No discussion is required.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined In
§15064.5?
b) Cause a substantiai adverse change in the
significance of an archaeologicai resource as
defined in §15064.5?
c) Directly or indirectly destroy a unique
paieontoloÇJical resource or site or unique ÇJeologic
e
4
x
x
x
X
X
X
X
X
X
X
Issues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
tncorporated
Less Than
Significant
Impact
No
Impact
.
feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
Discussion of Cultural Resources Impacts: no discussion is required
VI. GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
I) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map Issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Div. of Mines and Geology Pub. 42.
Ii) Strong seismic ground shaking?
Hi) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project. and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?)
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1997),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
Discussion of Geology and Soils Impacts: no discussion is required
VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
5
x
x
x
x
X
.
X
X
X
X
X
e
_sues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
hazardous materials into the environment?
c) Emit hazardous emissions or handie hazardous or
acuteiy hazardous materia is, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) 8e located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Gov. Code Section 65962.5 and, as a result, would
it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or pubiic use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f) Impair impiementation of or physicaliy interfere with
an adopted emergency response plan or emergency
evacuation pian?)
e
g) Expose people or structures to a significant risk of
loss, injury, or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
Discussion of Hazards and Hazardous Materials: no discussion is required
VIII. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste
discharge requirements?
.
b) Substantially deplete groundwater supplies or
interfere substantialiy with groundwater recharge
such that there wouid be a net deficit in aquifer
voiume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
welis would drop to a ievel which would not support
existing land uses or planned uses for which
permits have been granted)?
c) Substantialiy alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion or siltation on- or
off-site?
d) Substantialiy alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantialiy
increase the rate or amount of surface runoff in a
manner which would resuit in flooding on- or off-
site?
6
x
x
x
x
x
x
x
x
Issues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e
x
j) Inundatìon by seiche, tsunami, or mudfiow
Discussion of Hydrology and Water Quality Impacts: no discussion is required
IX. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
b) Confiict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Confiict with any applicable habitat conservation
plan or natural community conservation plan?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned storm
water drainage systems or provide substantìal
additional sources of polluted runoff?
f) Otherwise substantially degrade water?
g) Place housing within a 1 OO-year fiood hazard area
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year floor hazard area structures
which would impede or redirect fiood fiows?
i) Expose people or structures to a significant risk of
loss, injury or death involving fiooding, Including
flooding as a result of the failure of a levee or dam?
Discussion of Land Use and Planning Impacts: No discussion is required
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and
the residents of the state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
x
x
x
X
X
X
e
X
X
X
Discussion of Energy and Mineral Resources Impacts: a) There are no known mineral resources within the City
limits,
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local
7
X
e
_sues (and Supporting Information Services):
Potentialty
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generatIon of excessive
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
Discussion of Noise Impacts: no discussion is required
XII. POPULATION AND HOUSING: Would the project:
.
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
Discussion of Population and Housing Impacts: no discussion is required
XIII. PUBLIC SERVICES:
a) Would the proposal result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the public
services:
Fire Protection?
.
Police Protection?
Schools?
8
x
x
x
x
x
x
x
x
X
X
Issues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
tncorporated
Less Than
Significant
Impact
No
Impact
.
Parks
Other public facilities?
Discussion of Public Services Impacts: no discussion is required
XIV. RECREATION:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational faciiities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
Discussion of Recreation Impacts: no discussion is required
XV. TRANSPORT ATIONfTRAFFIC: Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial
increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that result in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Discussion of Transportation/Circulation Impacts: no discussion is required
XVI. UTILITIES AND SERVICE SYSTEMS. Would the
project:
a) Exceed wastewater treatment requirements of the
Regional Water Quality Control Board?
9
x
X
X
X
X
.
X
X
X
X
X
.
X
.
Issues (and Supporting Information Services):
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
tncorporated
Less Than
Significant
Impact
No
Impact
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
.
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
Discussion of Utilities and Service Systems Impacts: no discussion is required
XVII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects.)
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
. beings, either directly or indirectly?
10
x
X
X
X
X
X
X
X
X
.
.
ATTACHMENT 2 .
.
.
.
ORDINANCE
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA
CONCERNING REAR YARD SETBACKS IN THE RESIDENTIAL ZONED DISTRICTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as following:
1. That the proposed amendments will not be detrimental to the public health,
safety or welfare, nor be materially injurious to the properties or improvements
in the vicinity in that said amendments implement sound planning techniques.
2. That the proposed amendments provide clarification and implement planning
practices that protect neighborhood integrity.
3. The Planning Commission has conducted a public hearing to consider
amendments to the zoning code with respect to the definitions of commonly
used planning terms.
4. This ordinance amends the City Code to provide guidance to citizens,
applicants and city staff.
Section 2. Adoption.
Section 15-06 of the Saratoga City Code is hereby amended as set forth below.
DEFINITIONS
15-06.005 Application of definitions.
The definitions set forth in this Article shall be applied throughout this Chapter, unless the
context or the provision clearly requires otherwise.
15-06.010 Abandon.
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of remodeling,
reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure,
or during normal periods of vacation or seasonal closure, or during brief periods of
discontinuance in connection with a pending sale or other transfer of ownership or management
of a use or structure.
15-06.011 Abatement.
"Abatement" means the act of eliminating the condition that causes a nuisance.
15-06.020 Abutting.
"Abutting," means having property lines or district lines in common.
15-06.021 Access.
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"Access" means a way or means of approach to provide vehicular or pedestrian physical
entrance to a property.
15-06.022 Accessory Structure.
"Accessory Structure" means a structure detached from the main structure on the lot and
incidental and subordinate to the main structure or use, but not including Second Dwelling Units.
15-06.023 Accessory Use.
"Accessory Use" means a use of land or a building or portion thereof incidental and subordinate
to the principal use of the lands or building and located on the same lot with the principal use.
15-06.024 Acre.
"Acre" means a measure of land area containing 43,560 square feet.
15-06.030 Addition.
"Addition" means any construction, which increases the size of a structure in terms of site
coverage, height, or gross floor area.
15-06.040 Alley.
"Alley" means a service roadway providing a secondary means of public access to abutting
property and not intended for general traffic circulation.
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15-06.050 Alteration.
"Alteration" means any construction or physical change in the internal arrangement of rooms or
the supporting members of a structure, or change in relative position of structures on a site, or
substantial change in the exterior appearance of any structure.
15-06.051 Apartment Unit
"Apartment Unit" means an independent, self-contained dwelling unit with one or more rooms
with private bath and kitchen facilities in a building containing three or more such dwelling units.
15-06.052 Applicant
"Applicant" means a person submitting an application for development. Where the Applicant is
not the owner of the lot that is the subject of the application for development the, Applicant shall
provide the approving authority with evidence that the application for development is authorized
by the owner.
15-06.053 Application for Development
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"Application for Development" means the application form and all accompanying documents and
exhibits required of an applicant by the approving authority for development application review
purposes.
15-06.060 Approving authority.
"Approving authority" means the legislative body, commission, committee or official of the City
designated under the provisions of this Chapter as having the authority to approve or deny a
particular type of application.
15-06.061 Appurtenances
"Appurtenances" means the visible, functional, or ornamental objects accessory to and part of
buildings, such as; chimneys, flag poles, cupolas, spires, or antennas.
15-06.061 Architectural Feature
"Architectural Feature" means a prominent or significant part or element of a building, structure,
or site.
15-06.062 Architectural Style
"Architectural Style" means the characteristic form and detail of buildings of a particular historic
architectural context or period.
15-06.070 Attached.
"Attached" means anything physically connected to a building or structure so as to become an
integral part thereof. The term includes components of a structure jOined together by a common
wall, floor or ceiling.
15-06.080 Attic
"Attic" means that part of a building that is immediately below and wholly or partially within the roof
framing.
15-06.090 Basement.
"Basement" means a space in a structure that is partly or wholly below grade and where the
vertical distance from grade to a finished floor directly above such space is less than or equal to
forty-two inches. (See Figure 1 a) If the finished floor directly above the space is more than forty-
two inches above grade at any point along the perimeter, such space shall be considered a
story, and the entire space shall be included in the calculation of gross floor area. This
requirement applies to all lots, with the exception of hillside lots.
On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical
distance of the finished floor directly above such space is more than forty-two inches above
grade shall be counted as floor area and considered a story. The number of stories measured
vertically at any given point shall not exceed the maximum number of stories allowed in each
zoning district. (See Figure 1 b) However, if the vertical distance of the finished floor above the
space is not more than forty-two inches above grade for at least eighty percent of area of such
space, then the entire space is a basement that shall not be included in the calculation of gross
floor area and shall not be considered a story. (See Figure 1 c)
As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent a
to the exterior walls of the structure, whichever is lower. The Community Development Director ..
shall make the determination for sites where it is unclear as to which is the natural and which is
the finished grade. Basements are subject to the requirements of Section 15-80.035.
15-06.100 Bed and breakfast establishment.
"Bed and breakfast establishment" means a structure designed as a single-family dwelling
containing no more than three rooms, which rooms are rented for transient occupancy and
breakfast is served to the guests on the premises.
15-06.105 Below Market Rate Dwelling Unit.
"Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only
households that qualify as lower, very-low, or extremely-low income households as those terms
are defined in the most recent Santa Clara County Housing and Urban Development Program
Income Limits or, in the event that the most recent such report is more than five years old, in
accordance with the definitions set forth in Health and Safety Code sections 50079.5, 50105,
and 50106 as those sections exist as of the effective date of this restriction.
15-06.110 Block.
"Block" means any lot or group of contiguous lots on one side of a street and lying between
intersecting streets, railroad rights-of-way, waterways or unsubdivided land.
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15-06.120 Building.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
15-06.122 Building, Main.
"Building, main" means a building in which is conducted the principal use of the parcel and/or
building site on which it is situated.
15-06.125 Building site.
"Building site" means a lot, occupied or to be occupied by a main building and accessory
buildings, or by a dwelling and its accessory buildings, together with such open spaces as are
required by the terms of this chapter and having its principal frontage on a street, road, or
highway.
15-06.130 Cabana.
"Cabana" means an accessory structure designed for use as a bathhouse or recreation room in a
connection with use of a swimming pool. ..
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15-06.140 Carport.
"Carport" means an accessory structure or a portion of a main structure designed for the
storage of motor vehicles having a permanent roof and not fully enclosed on all sides.
15-06.150 Clinic.
"Clinic" means a facility for the medical diagnosis and treatment of outpatients.
15-06.160 Community facility.
"Community facility" means a place, structure, area or other facility used for and providing
fraternal, social or recreational programs or activities generally open to the public. The term
includes parks, swimming poois. recreational courts, community centers, libraries, museums,
and golf courses.
15-06.165 Community view sheds.
"Community view sheds" means any views, which are visible from an area, which has scenic
value for the community.
15-06.170 Corral.
"Corral" means an area enclosed by fencing for the keeping of horses or other livestock.
15-06.180 Covered parking.
"Covered parking" means a garage or carport that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not
ordinary roof coverings and cannot be used in providing a covered parking space.
15-06.185 Creek bank.
"Creek bank" means the sides of a watercourse, the top of which shall be the topographic line
roughly parallel to stream centerline where the side slopes intersect the plane of ground
traversed by the watercourse. Where banks do not distinguishably end, City or Santa Clara
Valley Water District shall determine the top of such banks.
15-06.190 Day care facility.
"Day care facility" means the use of a site or portion of a site for a group day care program for
eight or more clients other than those resident on the site. The term includes nursery school,
preschool and similar facilities.
15-06.200 Detached.
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"Detached" means a building or structure, which is not attached to any other building or
structure.
15-06.204 Development.
"Development" means, on land, in or under water, the placement or erection of any solid material
or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including but not limited to, subdivision pursuant to the
Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other
division of land, including lot splits, except where the land division is brought about in connection
with the purchase of such land by a public agency for public recreational use; construction,
reconstruction, demolition, or alteration of the size of any structure, including any facility of any
private, public or mUhicipal utility; and the removal or harvesting of major vegetation other than for
agricultural purposes.
15-06.210 District.
"District" means a portion of the City within which certain uses of land and structures are permitted,
conditionally permitted, or prohibited and within which certain yards and other open areas are
required and certain height limits and design standards are established for structures, all as set
forth and specified in this Chapter."
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15-06.220 Drive-through service.
"Drive-through service" means a feature or characteristic of a use involving the sales of products
or provision of services to occupants in motor vehicles, including drive-in or drive-up windows.
15-06.230 Driveway.
"Driveway" means a private roadway servicing up to four parceis, the use of which is limited to
persons residing or working on the site and their visitors, which provides access to off-street
parking or loading spaces on the site.
15-06.240 Dwelling.
"Dwelling" means a pennanent building or a portion of a pennanent building used as the
personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles,
hotels, motels, bed and breakfast establishments, tents and temporary structures.
(a) Dwe1lìng unit means a room or group of rooms including living, sleeping, eating, cooking and
sanitation facilities, constituting a separate and independent housekeeping units, occupied or
intended for occupancy by one family on a permanent basis and having not more than one
kitchen.
(b) Single-family dwelling means a dwelling unit constituting the only main structure upon a
single building site.
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(c) Multi-family dwelling means a structure or site containing more than one dweliing unit,
designed for occupancy by more than one family living independently of each other, and doing
their own cooking in the building. However, a single-family dwelling and a lawful second unit
dwelling located upon the same site shall not be deemed a multi-family dweliing.
(d) Second unit dwelling means an attached or detached residential dwelling unit which provides
compiete independent living facilities for one or more persons, including permanent provisions for
living, cooking, sieeping and sanitation on a parcei within the A, R-1, or HR district where a legally
created single-family dwelling is situated. Second dwelling units are not to be sold separately from
the primary dwelling, but may be rented.
15-06.250 Emergency access.
"Emergency access" means a street, which is gated or otherwise closed to regular use by
vehicular traffic and intended for use by vehicular traffic only in the event of emergency.
15-06.255 Equestrian zone.
"Equestrian zone" means an area of the City where horses may be maintained for private use and
commercial or community stables maybe 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.
15-06.260 Family.
"Family" means an individual or two or more persons occupying a dwelling unit and living
together as a single housekeeping unit in which each occupant has access to all parts of the
dwelling unit. A family shall be deemed to include necessary household help. The term shall not
include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing
home, or institution of any kind.
15-06.261 Fence.
"Fence" shall mean any structural device, other than a wall of a building, forming a physical
barrier by means of glass, wood, masonry, metai, chain, brick, stake, plastic or other similar
materials.
15-06.270 Financial institution.
"Financial institution" means a bank, savings and loan association, credit union, thrift
association or similar organization.
15-06.280 Floor area.
Floor area means the total habitable and/or accessible floor space under roof of all floors of a
building measured to the outside surfaces of exterior walls, including halls, stairways, elevator
shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an
interior height of five feet or greater, porches, verandas and similar building elements with a .
solid roof and enclosed on three or more sides, garages and enclosed accessory structures. In
the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at
which the interior height is less than five feet. The term "interior courts" as used in this section
means an area within the structure enclosed on all sides.
Floor area does not include basements, exterior roof overhangs, exterior unenclosed balconies,
inaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath
exterior decks or balconies. The term "enclosed" as used in this section means a structure with
three or more walls, or an equivalent percentage of enclosure for an area with more than four
walls, and a solid roof.
15-06.290 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the
frontage shall be that property line abutting on a street, which does not result in the creation of a
nonconforming lot with respect to frontage, width or depth. If more than one property line of a
corner lot abutting on a street can be designated as frontage without creating a nonconforming
lot, then any of such property lines may be deemed the frontage.
15-06.295 Game arcade.
"Game arcade" means an establishment having more than three coin or token operated pinball
machines, video games or other form of mechanical or electronic games or any combination .
thereof, available for use by the general public. A game arcade may exist as either a principal
use or as an incidental use conducted by another principal use on the site.
15-06.300 Garage.
"Garage" means an accessory structure or a portion of a main structure that has a permanent
roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles.
15-06.310 Gasoline service station.
"Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories
for the operation of motor vehicles are offered for sale to the public, and servicing incidental
thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning
device is used.
15-06.320 General Plan.
"General Plan" means the current General Plan as adopted by the City pursuant to the
requirements of the Government Code and includes, for the purposes of this Chapter, any
specific plan applicable to the site.
15-06.325 Geotechnical clearance.
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"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating
that:
(a) The applicant has identified all geological and geotechnical hazards and constraints present
on the site;
(b) The applicant has evaluated those hazards and constraints identified in subsection (a) which
would affect the proposed development of the site or impact adjacent properties, as required by
the City Engineer and City Geotechnical Consultant;
(c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards
and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City
Geotechnical Consultant;
(d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of
the application.
Geotechnical clearance does not and shall not be construed as constituting an approval or
entitlement of any form or type.
15-06.330 Guest house.
"Guest house" means an accessory structure containing a lodging unit without kitchen facilities,
and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit
on the same site.
15-06.340 Height of Buildings
"Height of Building" means the vertical distance from the average of the highest and lowest point
of the lot at the building's edge, measured from natural grade, of that portion of the lot covered
by the building to the topmost point of the roof excluding appurtenances, unless otherwise
specified in this chapter. The Community Development Director, through the use of the best
available information, such as tract grading plans, vegetation, and neighborhood topography or
existing grades, shall determine natural grade.
15-06.341 Height of Fences, walls and hedges
"Height of fences, walls and hedges" means a vertical line from the highest point of the fence, wall
or hedge to a point directly below at either the natural grade or the finished grade, whichever such
grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet
of the top of a retaining wall, the height of the fence shall be the vertical distance measured from
the top of the fence to the bottom of the retaining wall in the manner prescribed herein.
15-06.350 Home occupation.
"Home occupation" means any activity which is the conduct of an art or profession, the offering
of a service, the conduct of a business or the handcraft manufacture of products in a dwelling
unit solely by the occupants thereof, in a manner incidental and secondary to the use of the
dwelling for dwelling purposes, and in accord with the provisions of this Code.
15-06.360 Hotel.
"Hotel" means a structure or portion thereof or a group of attached or detached structures
containing individual guest rooms or suites where lodging is provided primarily to transients for
compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or .
similar use.
15-06.370 Impervious surface.
"Impervious surface" means any structure or hard surface which substantially impairs the
natural permeability of the soil, including, but not limited to, solid surface decks and patios,
accessory structures, swimming pools, recreational courts, paved driveways and parking areas,
and surfaces comprised of gravel, clay, bricks with sand, or concrete.
15-06.380 Institutional facility.
"Institutional facility" means a place, structure or area operated by a public or private
organization or agency, used for and providing educational, residential, or health care services
to the community at large. The term includes residential developments and health care facilities
operated by non-profit organizations, and both public and private schools or colleges
15-06.385 Intermittent stream.
"Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons.
15-06.390 Keeping; keeping for private use.
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(a) Keeping, in relation to the keeping of animals, means the harboring or maintaining
possession of any animal on a site together with the maintenance of such animal by the feeding
or otherwise supplying of necessities of life to the same. Any animal 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 occupant of the site.
(b) Keeping for private use, in reiation to the keeping of animals, means the keeping of an
animal owned by the owner of the site where such animal is kept, for the private use by such
owner and his guests as a use accessory to a dwelling on the same site, and not for
remuneration, hire or sale.
15-06.400 Kitchen.
"Kitchen" means a room designed, intended or used for the cooking and preparation of food.
15-06.405 Lightwell.
"lightwell" means an excavated area adjacent to a building that extends no more than four feet
measured horizontally from the building perimeter to the interior wall of the lightwell, that is
enclosed on four sides, that is open at the top, and allows light into a below grade level of a
building. lightwells shall have guardrails and gates in compliance with the Uniform Building
Code.
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15-06.410 Loading facility.
"Loading facility" means an area on a site or within a building, or both, used or intended for use
for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of
the site on which such facility is located. The loading facility area on the site may include
loading berths, aisles, access driveways, turning and maneuvering areas, clearances and
similar features, which meet the requirements established by this Chapter.
15-06.420 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a
curved street or streets shall be considered a corner lot if straight lines drawn from the
intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty-
five degrees or less, or if the centerline of the street abutting the lot has an interior angle over
the distance of any curve of one hundred thirty-five degrees or less.
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the requirements of this Chapter for site width. The length of a
corridor access shall be measured from the frontage line to the nearest point of intersection with
that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a iot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
15-06.430 Lot line.
"Lot line" means any boundary of a lot.
(a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot the
shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting
the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line
most parallel to and nearest the street from which the means of access is obtained, except that
where the average width of a flag lot exceeds its average depth and the longer dimension is
considered the depth, the front lot line will be the property line from which the front yard is
measured.
(b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot line. A
lot bounded by only three lot lines will not have a rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
(f) The Community Development Director may assign or designate lot lines for irregular
shaped parcels,
15-06.440 Repealed.
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15-06.445 Mixed Use Development.
The development of a lot or building with two or more different land uses, such as residential,
commercial, office or public.
15-06.450 Motel.
"Motel" means hotel, as defined in Section 15-06.360.
15-06.460 Nonconforming.
"Nonconforming" means not in conformity with any of the regulations set forth in this Chapter.
(a) Nonconforming use means a use of a structure or site, or both, which was lawfully
established or maintained in compliance with all zoning regulations then applicable to such use,
but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in
use regulations, no longer conforms with the use regulations of the district in which it is located.
(b) Nonconforming structure means a structure which was lawfully constructed in compliance
with all zoning regulations then applicable to the site, but which, by virtue of a subsequent
rezoning, reclassification, or the adoption of or change in zoning regulations, no longer
conforms with the standards of size, coverage, yard spaces, height, distance between
structures, or other regulation of this Chapter for the district in which the structure is located. .
(c) Nonconforming facility means a structure or site, which conforms with the regulations of this
Chapter but is used or occupied by one or more nonconforming uses.
(d) Nonconforming lot means a single and separate parcel of land, which was legally created, and
a legal building site at the date of adoption of an ordinance rendering it nonconforming.
(e) Nonconforming site means a site which was lawfully created in compliance with all zoning
and subdivision regulations then applicable to the site, but which, by virtue of subsequent
rezoning, reclassification, or the adoption of or change in zoning regulations, no longer
conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter
for the district in which the site is iocated,
15-06.470 Nursing home.
"Nursing home" means a residential structure in which nursing, dietary and other personal
services are rendered to six or more convalescents, invalids or elderly persons residing at the
facility, and in which surgery or other medical treatment customarily given in hospitals is not
performed. A convalescent home or rest home shall be deemed a nursing home. The term shall
not include a so-called half-way house or rehabilitation center occupied by persons under
treatment for alcoholism, drug abuse or any contagious disease.
15-06.480 Office.
(a) Professional office means a use providing professional or consulting services. .
(b) Administrative office means a use providing facilities for the conduct of management and
administrative functions of a business or other enterprise.
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(c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or
corrective personal treatment services by doctors, dentists, and similar practitioners of medical
and healing arts for humans.
15-06.485 Open space.
"Open space" means as defined in the Open Space Element of the General Plan.
15-06.487 Parking District
"Parking District" means an assessment district formed by the City of Saratoga for the purpose
of providing shared parking for several individual properties.
15-06.490 Parking facility.
"Parking facility" means an area on a site or within a building, or both, used or intended for use
for parking of one or more motor vehicles, including aisles, access driveways, turning and
maneuvering areas, clearances and similar features, and meeting the requirements established
by this Chapter. The term includes garages, carports, parking lots and parking structures.
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15-06.495 Perennial stream.
"Perennial stream" means a watercourse of persisting water flow throughout the year.
15-06.500 Repealed.
15-06.510 Repealed.
15-06.516 Quasi-Public Use.
"Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or charitable
institution, having the primary purpose of serving the general public and providing educational,
cultural, recreational, religious, or similar types of programs.
15-06.520 Property line.
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"Property line" means lot line, as defined in Section 5-06.430.
15-06.525 Protected creek.
"Protected creek" means any creek identified in the most recently available Maps of Flood
Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water .
District, and as may be amended from time to time.
15-06.530 Recreational court.
"Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used
primarily for athletic activities, other than swimming pools, and including, but not limited to,
courts for tennis, racquetball, paddle ball, squash, basketball, and similar activities.
15-06.540 Religious institution.
"Religious institution" means a use providing facilities for organized religious worship and
religious education and other activities incidental thereto. A property tax exemption obtained
pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State
Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that
such use is a religious institution.
15-06.550 Restaurant.
"Restaurant" means any eating or drinking establishment having seating capacity which sells or .
offers for sale to the public any food or drink for immediate human consumption on the
premises, and inciudes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar,
soda fountain or dining roorn.
15-06.557 Restriction.
"Restriction" means a limitation on property that rnay be created in a property deed, lease,
mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an
application for development.
15-06.560 Retail establishment.
"Retail estabiishment" means a use engaged in providing retail sale or rental of items primarily
intended for consurner or household use.
(a) Extensive retail establishment, as used with respect to parking requirements, means a retail
use having more than seventy-five percent of the gross floor area used for display, sales and
related storage of bulky commodities, including household furniture and appliances, lumber and
building materials, carpeting and floor coverings, air conditioning and heating equipment, and
similar goods, which uses have dernonstrably low parking demand generation per square foot of
gross floor area.
(b) Intensive retail establishment, as used with respect to parking requirements, means any
retail use not defined as an extensive retail establishment.
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15-06.570 Right-of-way.
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"Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street,
road or alley, or to provide pedestrian or equestrian access, or public utility service, or any
combination thereof, and includes all and any part of the entire width or other area of a
designated right-of-way, whether or not such entire width or area is actually used for street,
road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access,
pedestrian, equestrian and utility easements.
(a) Public right-of-way means a right-of-way owned by the City or any other public entity or
public utility.
(b) Private right-of-way means a right-of-way owned by and for the benefit of one or more
persons, including a right-of-way offered for dedication to the City or to any other public entity
which has not been accepted and on which no improvements or maintenance has regularly
been performed by the City or other public entity.
(c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings,
switching equipment and signals are located, and inciudes the entire width or other area of the
designated right-of-way, whether or not the entire width or area is actually used for such railroad
facilities.
15-06.575 Repealed.
15-06.580-Repealed.
15-06.585 Service establishment.
"Service establishment" means a use, not conducted within an office, providing services for the
personal care of an individual or the fitling, cleaning, repair or maintenance of personal effects
and not primarily for the sale of goods or merchandise.
15-06.587 Setback.
"Setback" means the minimum distance between the structure and any lot line.
15-06.590 Setback line.
"Setback line" means a line that is located at the required minimum distance from any lot line,
which establishes area within which the principal structure, a fence or a wall greater than six (6)
feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected
or placed.
15-06.600 Shopping center.
"Shopping center" means a group of five or more retail service establishments, planned,
developed, owned or managed as a unit, with off-street parking provided on the site.
15-06.565 Sight Triangle
"Sight triangle" means a triangular-shaped portion of land established at street intersections
pursuant to Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to
grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving a
the intersection. .
15-06.610 Sign.
See Section 15-30.020 in this Chapter for definition of sign, sign area, sign height, sign
program, illuminated sign, free standing sign, portable sign, identification sign, construction sign,
directional sign, gasoline price sign, open house sign, political sign, real estate sign, special
event sign and subdivision sign.
15-06.620 Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing pubiic or private street, road or
access easement, except an emergency access street.
(2) Any portion of a site within the proposed right-of-way of a future street (except an emergency
access street), as shown on an approved tentative subdivision map or a recorded subdivision
map.
(3) The portion of a flag lot constituting the access corridor lying between the front lot line and a
the frontage line of the corridor at the street. _
(4) Any portion of a site within an easement to the Santa Clara Valley Water District.
(5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines, measured at right angles to
the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line,
at the midway points of the intersecting side lot lines.
(e) Site depth means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no
rear lot line.
(f) Site coverage means the percentage of net site area covered by impervious surfaces
including all structures, open or enclosed, or projections of structures.
15-06.630 Slope.
"Slope" means the average slope of the net site area determined by the following formula, and
rounded to the nearest whole percent:
Average slope is .00229/ I x L = A
Where: I = Contour intervals in feet (at intervals of not more than five feet.)
L = Combined length of contour lines in feet
A = Net site area expressed in acres
.
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15-06.640 Stable.
"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.
(a) Boarding stable means any stable or corral where horses are lodged or fed for remuneration.
(b) Commercial stable means any establishment providing services or shelter for horses owned
and used by someone other than the occupant or owner of the residence and including but not
limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities,
but not including community stables.
(c) 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.
15-06.650 Storage.
(a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of
materials, supplies, inventory, equipment, or other items of personal property owned by the
occupant of the site or structure and kept in connection with such occupant's use of the
premises. "Storage" does not include any area where merchandise offered for sale is on display
or where retail services are otherwise being rendered, nor does the term include any area
generally accessible to persons other than the occupant who may lawfully come upon the
premises.
(b) "Off-site storage" means the use of a site or structure, or portion thereof, for the keeping of
materials, supplies, inventory, equipment, or other items of personal property which is not
owned by the occupant of the site or structure.
15-06.655 Story.
"Story" means that portion of a building included between the surface of any floor and the
surface of the floor next above, or if there is no floor above, then the space between the floor
and the ceiling or roof next above. Basements are excluded from being considered a story.
15-06.660 Street.
"Street" means an existing permanent public or private right-of-way, which is used as the principal
means of access to abutting properties.
(a) Public street means a street owned and maintained by the City, the County or the State,
including streets offered for dedication, which have been regularly maintained or improved by
the City, the County or the State.
(b) Private street means a street in private ownership and used or intended for motor vehicle
travel by the owners of the street and persons having express or implied permission from the
owners to use such street. Driveways serving four or fewer parcels are not considered streets.
(c) Street line means the boundary of a street right-of-way.
(d) Emergency access street. See Section 15-06.250.
15-06.670 Structure.
"Structure" means that which is built or constructed which requires a location on the ground, an
edifice or building of any kind, or any piece of work artificially built up or composed of parts .
joined together in some definite manner. "Structure" includes retaining walls, decks, patios,
swimming pools, and recreational courts but does not include a fence not exceeding six feet in
height.
(a) Main structure means a structure housing the principal use of a site or functioning as the
principal use.
(b) Accessory structure means a detached structure, the use of which is subordinate and
incidental to, and customarily associated with, the main structure or the principal use of the site,
and which is located on the same site as the main structure or principal use. The term includes,
but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds.
15-06.680 Subdivision Ordinance.
"Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14
of this Code.
15-06.690 Swimming pool.
"Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth
of two feet at any point, the primary purpose of which is swimming, wading or other recreational
use. The term includes spa and hot tub.
15-06.700 Use.
.
"Use" means the conduct of an activity, or the performance of a function or operation, on a site
or within a structure.
(a) Principal use means a use, which fuifills a primary function of a household, establishment,
institution or other entity, or the primary function of a site or structure.
(b) Accessory use means a use, which is subordinate and incidental to, and customarily
associated with, a specified principal use, and which is conducted on the same site as the
principal use.
(c) Permitted use means a use listed by the regulations of any particular district as a permitted
use within that district, and generally permitted therein as a matter of right when conducted in
accord with the purposes, objectives and regulations established by this Chapter.
(d) Conditional use means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable therein solely on a discretionary and
conditional basis, subject to the issuance of a conditional use permit and to all other purposes,
objectives and regulations established by this Chapter.
(e) Change of use means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change of ownership, tenancy, or management
where the previous nature of the use, line of business, or other function is substantially
unchanged.
15-06.702 Variance
"Variance" means permission to depart from the literal requirements of the Zoning Ordinance .
with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards,
side yards and rear yards, allowable floor area, height of structures, distance between
structures, signs, off-street parking and loading facilities, fences, walls and hedges, and
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alteration or expansion of non-conforming structures, in accordance with the procedures and
requirements set forth in this Chapter. The Planning Commission must make specific findings
of fact (or the City Council on appeal) to grant this permission; see section 15-70 of this code.
15-06.704 Vested right
"Vested right" means a right that cannot be changed or altered by subsequent changes in
regulation.
15-06.710 Village.
"Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by
the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2.
15-06.715 Watercourse.
"Watercourse" means the elongated channel or depression whether natural or manmade, in
which water does or may flow and may include the overflow area, if any, of such channel or
depression.
15-06.720 Yard.
"Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a
specified distance, open and unobstructed except for the uses and structures otherwise
permitted the regulations of this Chapter
(a) Yard measurement. Required yards shall be measured as the minimum horizontal distance
from the lot line to a line parallel thereto on the site, except in the following cases:
(1) Where a street line is located within the site, the required yard shall be measured from such
street instead of the lot line.
(2) On a site, which is not rectangular or approximately rectangular in shape, required yards
shall be measured in such manner as determined by the Community Development Director or
as prescribed by the Planning Commission.
(b) Front yard means a yard measured into a lot from the front lot line (or such other line as may
be applicable under subsection (a) of this Section), extending the full width of the lot between
the side lot lines intersecting the front lot line.
(c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may
be applicable under subsection (a) of this Section), extending the full width of the lot between
the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot
line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line
parallel to the front lot line.
(d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be
applicable under subsection (a) of this Section), extending between the front yard and the rear
yard. An exterior side yard is a side yard measured from an exterior lot line or a street or plan
line; an interior side yard is a side yard measured from an interior lot line.
15-06.740 Zoning Map
"Zoning Map" means the map or maps that are part of the zoning ordinance and delineate the
boundaries of zone districts.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the _ day of ,2003, and was adopted by
the following vote following a second reading on the _ day of _,2003:
AYES:
NOES:
ABSENT:
ABSTAIN:
NICK STREIT, MAYOR
ATTEST:
CATHLEEN BOYER, CITY CLERK
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
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SARATOGA CITY COUNCIL
MEETING DATE:
November 5, 2003
AGENDA ITEM:
(0
ORIGINATING DEPT: City Attorney and
Community Development
CITYMANAGER:&~~
PREPARED BY:
] onathan Wittwer and
Thomas Sullivan, AICP
DEPT HEAD:
~
SUBJECT: Consideration of Proposed Ordinance re Towing and Removal of Boats, Trailers
and Inoperative Motor Vehicles from Private or Public Property
RECOMMENDED ACTION:
Conduct public hearing, read title of proposed ordinance regarding towing and removal of boats,
trailers, and inoperative motor vehicles and parts, waive reading of full ordinance, direct staff to
. place ordinance on consent calendar for second reading.
REPORT SUMMARY:
This Agenda item presents a proposed ordinance amending the City Code's regarding towing
and removal of boats, trailers and inoperative motor vehicles from private or public property.
The Code currently authorizes towing under appropriate circumstances. This ordinance would
update the Code to conform to state law and recent court decisions.
The ordinance (1) identifies the circumstances under which the City may tow or remove a boat,
trailer, or inoperative motor vehicle (or parts of any of the foregoing) from private or public
property (the Zoning Ordinance prohibits the storage of such items in certain locations in
certain zoning districts) and (2) establishes procedures to be followed in towing or otherwise
removing the affected property.
Section 2.A of the ordinance clarifies the City's existing restrictions on the use property for
unenclosed storage. The revisions reflect the fact that state law establishes different restrictions
on the removal of abandoned vehicles from agriculturally zoned land and unimproved land than
it does for other types of property.
.
Sections 2.B, C and D of the ordinance amend portions of Article 15-95 to conform the City's
removal procedures with stare law. Those procedures are governed by California Vehicle Code
Section 22660 and following. The Vehicle Code requirements include the following:
/
· The City must provide the Department of Motor Vehicles with notice of the .
removal within 5 days following the removal;
· The ordinance may not apply to (1) vehicles within enclosed structures and not
visible from the street or other property and (2) vehicles parked at a permitted
auto dealer, junk dealer, or auto dismantler;
· The owner of the vehicle and of the property upon which the vehicle is located be
given at least 10 days notice of the intended removal except where the owner has
authorized removal or where the vehicle is valued at less than $200 and the City
follows alternative procedures for low valued vehicles;
· The vehicle and property owners be given an opportunity to request a hearing
ptior to removal;
· The ordinance must provide that the removed vehicle will not be reconstructed
or made operable unless it is a qualifying historic vehicle;
· The ordinance must provide that the City will not seek to recover nuisance
abatement costs from landowners denying responsibility for abandoned vehicles
where the city determines that the vehicle was placed on the land without the
landowner's consent and that the landowner has not acquiesced to the presence
of the vehicle.
Each of these requirements is reflected in the ordinance.
Section 2.E of the ordinance streamlines the City Code by removing duplicative or outdated
material from Article 9-55 which also addresses vehicle removal, The remainder of the .
ordinance addresses the standard matters of severability and publication.
Note that in implementing the ordinance, the City will also be bound by traditional principles of
due process. The courts have now held on several occasions that landowners are entitled to
notice and hearing before the City enters private property to tow or remove an inoperative
vehicle. Connerv. City of Santa Ana (9th Cit. 1990) 897 F.2d 1487 effectively held that a warrant is
required for both an inspection of the private property for alleged inoperative vehicles and their
vehicle identification numbers, and the removal of those vehicles. This due process requirement
calls for judicial authorization. This judicial proceeding will be in addition to the administrative
hearing provided for in the Code.
Schneider v. County of San Diego (9th Cir. 1994) 28 F.3d 89 upheld a longstanding exception to
the requirement for a judicially authorized warrant in connection with investigation, inspection,
and abatement of vehicles. The "open fields" doctrine exempts from the judjcially authorized
warrant requirement an inspection or abatement in an area where there is no reasonable
expectation of privacy.
FISCAL IMPACTS:
Not applicable.
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. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City's ordinance would not conform to state law and recent court decisions.
ALTERNATIVE ACTION:
1. Decline to amend the City Code and direct City staff not to use towing frorn
private property as an enforcement tool.
2. Establish different standards for storage of personal property or different standards
for notice of rernoval.
FOLLOW UP ACTION:
Place the proposed ordinance on the Consent Calendar on next City of Saratoga Council for
second reading and adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this itern was given pursuant to Government Code Sections 65853 and 65090.
ATTACHMENTS:
. I. Proposed Ordinance
.
30f3
ORDINANCE
.
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING TOWING OR REMOVAL OF BOATS, TRAILERS AND
ABANDONED, WRECKED, DISMANTLED, INOPERATIVE OR UNLAWFULLY
STORED MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Findings.
A. In order to preserve the public health, safety and welfare, the City of Saratoga currently
prohibits the unenclosed storage of boats, trailers and abandoned. wrecked. dismantled
Q[ inoperative motor vehicles in the front yard and in specified side and rear yard areas.
B. In the event of a violation of the foregoing City Code provisions, it is occasionally
necessary or convenient to tow or remove the offending boats, trailers andlor
abandoned. wrecked. dismantled or inonerative motor vehicles from private property
in order to obtain compliance with the City Code.
C. This ordinance amends the City Code to specify the procedures to be followed and the
circumstances under which boats, trailers and abandoned. wrecked. dismantled or
inoperative motor vehicles may be towed or removed by the City or its contractors from
private property and is intended to comply with California Vehicle code Section 22661.
.
Section 2.
Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance.
A. Article 9-55 of the Saratoga City Code is hereby amended to read as follows:
ABANDONED, WRECKED, DISMANTLED, ()R INOPERATIVE, OR
UNLAWFULLY STORED VEHICLES. TRAIJ ,ERS AND BOATS
9-55.010 Findings and determinations.
In addition to and in accordance with the this le!!islatiye determination made bv the City
Council and the authority granted by the State pursuant to Section 22660 of the Vehicle
Code, the Citv Council herebv authorizes the removal of to remove abandoned,
wrecked, dismantled, er inoperative. or unlawfully stored vehicles trailers or boats, or
Ordinance No.
.
Page 1 of! 0
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parts thereof, as public nuisances,~ The City Council herebv makes the following findings
and declarations: the accumulation and storage of abandoned, wrecked, dismantled, er
inoperative or unlawfulIv stored vehicles, trailers or boats. or parts thereof, on private or
public property is hereby found to create a condition tending to reduce the value of private
property, to promote blight and deterioration, to invite plundering, to create fire hazards, to
constitute an attractive HuiS<!Bce creating a hazard to the health and safety of minors, to
create a harborage for rodents and insects, and to be injurious to the health, safety, and
general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, er
inoperative or unlawfullv stored vehicle, trailer or boat. or parts thereof, on private or
public property, except as expressly permitted by the provisions ofthis Artie1e Code
(lncludin J but not limited to Sections 15-12.160.15-13.160. 15-17.060. and 15-80.060),
is hereby declared to constitute a public nuisance which may be abated as such in
accordance with the provisions of this Article.
.
9-55.020 Exemptions.
(a) The provisions of this Article shall not apply to:
(1) A vehicle, trailer or boat. or parts thereof, which is completely fenced or
enclosed within a building in a lawful manner where the vehicle, trailer or boat.
or Darts thereof. is not visible from the street or other public or private property;
or
(2) A vehicle, trailer 01' boat. or parts thereof, which is stored or parked in a
lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer, or junk dealer or when such storage or parking
is necessary to the operation of a lawfully conducted business or commercial
enterprise.
(b) No exemntion nrovided in subsection (a) above shalI annlv to anv nortion of an v
site if that site is: (1) zoned for a Jricultural use ("A" or "APOS") or (2) not imnroved
with a residential structure containin!! one 01' moredwellinl! units.
(c) The nrovisions of this Article shalI aDnlv in the absence of an exemDtion under
subsection (a) above. and no notice ofinteution to abate and remove Dursuant to
Section 9-55.080 shalI be reauired:
(I) where the owner of the land and the owner (both re!!istered aud le!!an of
the vehicle. trailer or boat. or narts thereof. have si!!ned releases authorizin!!
removal and waivin!! further interest in the vehicle. trailer or boat or Darts
thereof: or
(2) for removal of a low-valued boat. trailer or inoDerative motor vehicle. or
Dart thereof. that: (A) is inoDerative due to the absence of a motor.
transmission. or wheels: (ß) is incanable of beinl! towed: (C) is valued at less
than two hundred dollars ($200) bv a Derson snecified in California Vehicle
Code Section 22855: and (D) is determined bv the Citv Mana!!er to be a
DubUc nnisance Dresentin!! an immediate threat to DubUc health or safety.
.
Page 2 of 10
Ordinance No.
nrovided that the nronertv owner has sil!ned a release authorizinl! removal
and waivinl! further interest in the vehicle. trailer or boat. or Dart thereof.
Final disoosition of such a low- valued vehicle. trailer or boat. or Dart
thereof. shall be oursuant to or consistent with California Vehicle Code
Section 22662. If evidence of repistration has been recovered. the City shall
orovide notice to the rel!istered and lel!al owners of intent to disoose of the
vehicle. trailer or boat. or Dart thereof. orior to final disoosition. and if the
vehicle. trailer or boat. or Dart thereof. is not claimed and removed from the
location suecified in the notice within 12 davs after the notice is mailed. final
disnosition mav oroceed. Neither the City nor anv City contractor shall be
liable for damaye caused to a vehicle. boat. trailer. or Dart thereof. bv
removal oursuant to this subsection.
~The provisions of this Section shall not authorize the maintenance of a public or
private nuisance as defined under provisions of law other than Chapter 10 (commencing
with Section 22650) of Division 11 of the Vehicle Code and this Article.
9-55.030 Application of other laws.
The provisions of this Article shall not be the exclusive regulation of abandoned, wrecked,
dismantled, or inoperative vehicles or of trailers or boats within the City. The provisions
ofthis Article shall supplement and be in addition to any other regulatory codes, statutes,
and laws heretofore or hereafter enacted by the City, the State or any other legal entity or
agency having jurisdiction.
9-55.040 Enforcement of Article.
The administration ofthis Article shall be bv repularlv salaried full-time emolovees
of the City or anv other lawfulIv authorized oerson or ap-encv. exceot that the
removal of vehicles. trailers or boats. or Darts thereof from orooertv mav be bv anv
other dulv authorized uersou (includiny but not limited to a oersou to whom the Citv
has issued a contract or franchise for such uurnose). AdditionalIv. anv ueace officer.
as that term is defined in Chaoter 4.5 (commencin!! with Section 830) of Title 3 of
Part 2 of the Penal Code. or anv other emulovee of the state. county. or city
desi!!nated bv the City Council to uerform this function. in tbe territorial limits in
which the officer or emolovee is authorized to act. who has reasonable grounds to
believe that a vehicle has been abandoned. as determined nursuant to Section 22523
of the California Vehicle Code. mav remove the vehicle from a hi!!hwav or from
nublic or nrivate nronertv. Except as otherwise provided in this Article, it shall be the
duty of all policemeH officers and Community Service Officers appointed for such
purpose, all deputies of the County Sheriff performing police services in the City, the City
Manager, the Community Develoument Plar.ning Director, and the Public Works
Maintooance Director to enforce the provisions of this Article.
Page 3 of! 0
Ordinance No.
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9-55.050 Right of entry of certain persons.
All persons having authority to enforce this Article, as described in Section 9-55.040, and
the authorized representatives of such persons, and any person acting pursuant to a contract
or franchise granted by the City CouncjJ, may enter upon private or public property to
examine. jnsnect or investÌ!mte a vehicle, trailer or boat. or parts thereof, or to obtain
information as to the identity of a vøhiele the owner of such vehicle, trailer or boat. and
to cause the removal of a such vehicle, trailer or boat. or parts thereof, declared to be a
nuisance pursuant to this Article. However. with resnect to entrv on nrjvate nronertv.
no such entrv shall occur in the absence ofthe consent ofthe owner and tenant
without the wrjtten order of a court of comnetent jurisdiction where reQuired bv law.
9-55.060 Administrative costs.
The City Council shall from time to time establish by resolution an amount to be assessed
as administrative costs, excluding the actual cost of the removal of any vehicle, trailer or
~ or parts thereof, for the purposes of administering the provisions of this Article.
.
9-55.070 Abatement and removal; authority.
Upon discovering the existence of an abandoned, wrecked, dismantled, er inoperative Q[
unlawfullv stored vehicle, trailer or boat, or parts thereof, on private or public property
within the City, any person having authority to enforce this Article may cause the
abatement and removal (includjmr bv towin!!) thereof in accordance with the procedure
set forth in this Article. However. if such abatement and removal reoujres entry on
nrivate nronertv. no such entry shall occur in the absence of the consent of the owner
and tenant without the written order of a court of comnetent jurisdiction where
reQuired bv law.
9-55.080 Notices of intention.
Unless exemnted under Section 9-55.020. not less than a ten day notice of intention to
abate and remove a vehicle, trailer or boat. or parts thereof, as a public nuisance, shall be
mailed by re!!istered or certified mail to the owner of the land as shown on the last
eQualized assessment roll and to the re!!istered and lepal owner~ ofthe vehicle, trailer
or boat as shown on the annronriate State repistration (if any). unless the vehicle,
trailer or boat is in such condition that identification numbers are not available to
determine ownership. Such notices of intention shall be substantially the following forms:
NOTICE TO LANDOWNER OF INTENTION TO ABATE AND
REMOVE AN ABANDONED, WRECKED,
DISMANTLED, GR INOPERATIVE. OR UNLA WFULI ,y STORED VEHICLE,
TRAIT,ER OR BOAT. OR PARTS THEREOF, AS A PUBLIC NUISANCE
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Page 4 of 10
Ordinance No.
(Name and address of the owner ofthe land)
.
As owner shown on the last equalized assessment roll ofthe land located at
, you are hereby notified that the undersigned, pursuant
to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has determined
that there exists upon said land an abandoned, wrecked, dismantled, ef inoperative. or
unlawfullv stored vehicle. trailer or boat. or parts thereof, registered to
, license or rel!istration number
as the lel!al owner. which constitutes a public
.
showinl!
nuisance.
You are hereby notified to abate said nuisance by the removal of said vehicle. trailer or
boat (or saià parts thereof a vehicle) within ten (10) days after the date of the mailing of
this notice, and, upon your failure to do so, the same will be abated and removed by the
City of Saratoga and the costs thereof, together with administrative costs, shall be assessed
to you as owner of the land on which said vehicle. trailer or boat (orsaià parts thereof-a
vehicle) is located.
As owner of the land on which said vehicle. trailer or boat (or saià parts thereof-a
vehicle) is located, you are hereby notified that you may, within ten (10) days after the
mailing of this notice of intention, request a hearing, and, if such a request is not received
by the City Clerk ofthe City of Saratoga within such ten (10) day period, the City of
Saratoga shall have the authority to abate and remove said vehicle. trailer or boat (or saià
parts thereof a vehicle) as a public nuisance and assess the costs as aforesaid without a
hearing.
You may submit a sworn written statement within such ten (10) day period denying
responsibility for the presence of said vehicle. trailer or boat (or saià parts thereof-a
vehiele) on said land, with your reasons for denial, in lien of annearinl!. and such
statement shall be construed as a request for a hearing at which your presence is not
required. If vou timelv reauest a hearinp'. vou may appear in person at any hearing
requested by you or by the re!!istered or lel!al owner of the vehicle. trailer or boat or, in
lieu thereof, you may present a sworn written statement as aforesaid in time for
consideration at such hearing.
.
Notice mailed
(date)
(Title of City Official sending the notice)
NOTICE TO VEHICLE OWNER OF INTENTION TO ABATE AND
Ordinance No.
.
Page 5 of 10
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REMOVE AN ABANDONED, WRECKED,
DISMANTLED, GR INOPERATNE. OR UNLA WFUlL Y STORED VEHICLE,
TRAILER OR BOAT. OR PARTS THEREOF, AS A PUBLIC NUISANCE
(Name and address of the last registered and/or legal owner of record of the vehicle. trailer
or boat; notice should be given to both if different)
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As last registered fand/or legalj owner of record of the following described vehicle. trailer
or boat (make, model and license number), you are hereby notified that the undersigned,
pursuant to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has
determined that said vehicle. trailer or boat (or parts thereof a vehicle) exists as an
abandoned, wrecked, dismantled, or inoperative vehicle. trailer or boat at (address ofthe
property on which the vehicle. trailer or boat is located) and constitutes a public nuisance.
You are hereby notified to abate said nuisance by the removal of said vehicle. trailer or
boat (or said parts thereof a 'Idricle) within ten (10) days after the date ofthe mailing of
this notice, aad, upon your failure to do so, the same will be abated aad removed by the
City ef Saratoga and the costs thereof, together with administrative eosts, shall be assessed
to you as o',','l1er of the land on whieb said vehiele. trailer IIr bllat (or said parts thereof a
'IclJ.4elc) is located.
As last re!!istered fand/orle!!aB owner of record of said vehicle. trailer or boat (or said
parts thereof. a yel1,iele), you are hereby notified that you may, within ten (10) days after
the mailing of this notice of intention, request a hearing, and, if such a request is not
received by the City Clerk of the City of Saratoga within such ten (10) day period, the City
of Saratoga shall have the authority to abate and remove said vehicle. trailer or boat (or
said parts tbereof. a vchide) as a public nuisance without a hearing.
Notice mailed
(date)
(Title of City Official sending the notice)
9-55.090 Request for hearing; notice.
(a) If a request for hearing is made by the owner of the vehicle. trailer or boat. or Dart
thereof. or the owner of the land within ten days after the mailing of the notices of
intention to abate and remove, a hearing shall be held by the Hearinl! Officer established
Dursuant to City Code Section 3-15.070 Nuisaace Abatement Board of Appeals on the
question of the abatement and removal of the vehicle, trailer or boat. or parts thereof, as
an abandoned, wrecked, dismantled.6f inoperative. or unlawfullv stored vehicle, trailer
.
Page 6 of 10
Ordinance No.
or boat. and the assessment of the administrative costs and the costs of the removal ofthe
vehicle, trailer or boat. or parts thereof, against the property on which the vehicle, trailer
or boat. or parts thereof, is located.
(b) If the owner of the land submits a sworn written statement within such ten day period
denying responsibility for the presence of the vehicle, trailer or boat. or Darts thereof. on
his land, such statement shall be construed as a request for a hearing which does not
require his presence. Notice of the hearing shall be mailed at least ten days before the
hearing to the owner of the land and to the owner ofthe vehicle, trailer or boat. or Darts
thereof. unless the vehicle. trailer or boat is in such condition that identification numbers
are not available to determine ownership.
(c) Ifno request for a hearing or sworn statement is received within ten days after the
mailing of the notice of intention to abate and remove, the City shall have the authority to
abate and remove the vehicle, trailer or boat. or parts thereof, as a public nuisance
without holding a hearing.
9-55.100 Action by Hearinl! Officer Nuisance ¡\batcment Board of "A.ppeals.
(a) All hearings requested by the owners of the vehicles, trailers or boats. or narts
thereof. or ~ the owners ofthe land, as set forth in Sections 9-55.080 and 9-55.090, shall
be held before the Hearinl! Officer who Nuisance "A.batement Board of j\ppeals which
shall hear all facts and testimony he or she it deems pertinent. Such facts and testimony
may include testimony on the condition of the vehicle, trailer or boat. or parts thereof,
and the circumstances concerning its location on private or public property. The Hearinl!
Officer Beaf4 shall not be limited by the technical rules of evidence. The owner of the
land may appear in person at the hearing, or present a sworn written statement in time for
consideration at the hearing, and deny responsibility for the presence of the vehicle. trailer
or boat. or Darts thereof, on the land, with his reasons for such denial.
(b) The Heano!! Officer Nuisance "\batemcnt Board of }¡,ppeals may impose such
conditions and take such other action as he or she it deems appropriate under the
circumstances to carry out the purposes of this Article. The HeariD!! Officer Beaf4 may
delay the time for the removal of the vehicle, trailer or boat. or parts thereof, if, in his or
her ffl¡ opinion, the circumstances so justify. At the conclusion of the hearing, the Hearinl!
Officer Beaf4 may find that a vehicle, trailer or boat. or parts thereof, has been
abandoned, wrecked, dismantled, eHs inoperative. or unlawfullv stored on private or
public property, order the same removed from the property as a public nuisance and
disposed of as provided in this Article, and determine the administrative costs and the costs
of removal to be charged against the owner ofthe land. The order requiring removal shall
include a description of the vehicle, trailer or boat, or parts thereof, and the correct
identification number and license number of the vehicle, trailer or boat. if available.
(c) If it is determined at the hearing that the vehicle, trailer or boat. was placed on the
land without the consent ofthe owner of the land and that he or she has not subsequently
consented to the presence ofthe vehicle. trailer or boat. or Darts thereof. on his or her
land, the Hearin!! Officer Nuisance f.batement Board of Appeals shall not assess the costs
Page 7 of 10
Ordinance No.
!
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.
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of administration or removal of the vehicle. trailer or boat against the property upon
which the vehicle. trailer or boat is located or otherwise attempt to collect such costs
from such owner of the land.
(d) If the owner ofthe land submits a sworn written statement denying responsibility for
the presence ofthe vehicle, trailer or boat on his or her land but does not appear at the
hearing, such owner shall be notified in writing ofthe decision. The decision of the
Hearin!7 Officer :NH1sance j\batement Board of j\ppoals shall be final. (Amended by Ord.
71-169 § 1 (part), 1997 and bv Ord. 2003- )
9-55.110 Removal.
After the expiration of five days from adoption of the order declaring the vehicle, trailer
or boat. or parts thereof, to be a public nuisance, or the expiration of five days from the
date of mailing notice of the decision, if such notice is required by the provisions of
Section 9-55.100, the vehicle, trailer or boat. or parts thereof, may be disposed of by
removal to a scrapyard or aatomoBilo dismantler's yard. After a vehicle has been removed
it shall not thereafter be reconstructed or made operable, unless it is a vehicle which
qualifies for either horseless carriage license plates or historical vehicle license plates
pursuant to Section 5004 ofthe Vehicle Code.
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9-55.120 Notice of removal.
Within five days after the date of removal of,ª tfte vehicle, or parts thereof, notice shall be
given to the Department of Motor Vehicles of the State identifying the vehicle, or parts
thereof, removed. At the same time there shall be transmitted to the Department of Motor
Vehicles any evidence of registration avffilable, including registration certificates,
certificates oftitle, and license plates.
9-55.130 Assessments of costs.
If the administrative costs and the costs ofremoval which are charged agffinst the owner
of a parcel ofland pursuant to the provisions of Section 9-55.100 are not paid within
thirty days after the date ofthe order, such costs shall be assessed against the parcel of
land pursuant to the provisions of Section 38773.5 ofthe Government Code and shall be
transmitted to the County Tax Collector for collection. Such assessment shall have the
same priority as other City taxes."
B. Section 15-95.030 ofthe Saratoga City Code is hereby amended as set forth below.
"15-95,030 Violations as constituting misdemeauor or infraction offense;
penalties; DubHc nuisance.
(a) The violation of any provision contained in this Chapter is hereby declared to be
unlawful and shall constitute a misdemeanor and a public nuisance subject to the
.
Page 8 of 10
Ordinance No.
penalties as prescribed in Chapter 3 of this Code, unless such violation is designated
in subsection (b) of this Section as an infraction offense.
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(b) The violation of any of the following regulations contained in this Chapter is
hereby declared to be unlawful and shall constitute an infraction and a public
nuisance, subject to the penalties as prescribed in Chapter 3 of this Code:
(1) Regulations concerning fences, walls and hedges, as set forth in Article
15-29.
(2) Regulations concerning the keeping of horses and animals, as set forth
in subsections 15-11.020(f) and (b), 15-12.020(e) and (g), 15-13.020(e) and
(g), 15-14.030(e) and (g), and 15-14.040(g).
(3) Regulations concerning the storage of personal property and materials, as set
forth in Sections 15-12.160, 15-13.160, 15 14.170, 15-17.160 and 15-80.060,
subiect to the nrovisions of Article 9-55.
(4) Regulations concerning signs, as set forth in Article 15-30.
(5) Regulations concerning home occupations, as set forth in Article 15-40.
(6) Regulations concerning trees, as set forth in Article 15-50, and subject to the
additional penalties as prescribed in Section 15-50.110.
(7) Regulations concerning accessory uses and structures, as set forth in Section
15-80.030.
(8) Regulations concerning radio and television antennas, as set forth in Section
15-80.080.
(9) Regulations conceming construction trailers, as set forth in Section 15-
80.100."
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Section 3.
Severance Clause.
The City Council declares that each section, sub"section, paragraph, sub-paragraph,
sentence, clause and phrase ofthis ordinance is severable and independent of every other section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of
this ordinance irrespective of the portion held invalid, and further declares its express intent that
the remaining portions oftms ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication.
This ordinance or a summary thereof shall be published once in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
Ordinance No.
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Page 9 of 10
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The foregoing ordinance was introduced and read at the regular meeting of the City
Council ofthe City of Saratoga held on the day of , 2003, and was adopted by the
following vote following a second reading on the _ day of ,2003:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Page 10 of 10
Ordinance No.
SARATOGA CITY COUNCIL
.
MEETING DATE:
November 5, 2003
AGENDA ITEM:
CITYMANAGE~~+
DEPT HEAD:
1
ORIGINATING DEPT: City Manager's Office
PREPARED BY:
Ann Sullivan
SUBJECT: City/Schools Adhoc Committee
RECOMMENDED ACTlON(S):
Accept report and provide direction to committee members regarding mission and goals of
CitylSchools Ad-hoc Committee.
REPORT SUMMARY:
Background
. In February 2003 the City Council held a retreat. One suggestion made was to form a special
Schools Commission. The City Council discussed the idea and the consensus was that forming one
more formal City commission was not realistic. Instead, the City Council approved the formation of
the City/Schools Adhoc Committee to improve the communications between the seven school
district and 12 private schools. Mayor Nick Streit and Councilmember Kathleen King agreed to
serve as committee members and City Manager Dave Anderson to serve as staff liaison. On
Tuesday, October 28, 2003 the City/Schools Adhoc Committee met to establish the mission and
goals of the Adhoc Committee. The results of that meeting follow:
Mission
o Improve formal communication channels/method. Proactive - global perspective.
o Learn how they use their dollars and identifY budget needs.
o Build better relationships with the City and among the 7 public school districts and 2
private schools serving the City of Saratoga to establish communications and institute
a dialogue on issues of mutual importance.
Goals
o Meet with each Superintendent and School Board member of each District at least
once a year.
o Learn best practices and current issues.
.
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
NIA
ALTERNATIVE ACTION(S):
City Council could provide additional direction to the Adhoc Committee and ask them to re-visit
mission and goals.
FOLLOW UP ACTION(S):
Staffwill implement Council's direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
20f2
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SARATOGA CITY COUNCIL
~
MEETING DATE: November 5, 2003
ORIGINATING DEPT: Public Works
AGENDA ITEM:
CITY MANAGERÇ3~cZ ,", Jl~-<jj
DEPTHEAD: ~,~ ~
PREPARED BY: John Cherbone
SUBJECT: Historical Museum Improvements
RECOMMENDED ACTION:
Receive report and determine project scope and funding source.
REPORT SUMMARY:
At the October 15, City Council meeting, City Council directed staff to remove the Historical
Museum Improvement project from the list of candidate CIP projects. This occurred because of
the desire to move forward with the project independently of the CIP process in light of the
impending improvements scheduled for the Museum and the immediate need for additional
funding for those improvements.
As you are aware, the Museum is scheduled to begin construction of an addition to the existing
building. However, it has come to the attention of the City that there is a desire to upgrade the
siding material specified for the addition to better match the existing siding on the Museum.
Unfortunately, the Historical Foundation does not have the additional funds to move forward
with the siding upgrades.
The amount needed for the siding upgrades is $6,500, which was included in the project scope of
the candidate CIP project submitted to City Council on October 15th. In addition, the candidate
CIP project had a line item for repair of the existing museum stairs in the amount of $4,500.
At this time, staff is requesting direction from City Council regarding the scope of the project and
the corresponding funding source. Staffhas generated the following options for City Council's
consideration:
Proj"d Smp'"
1) Approve proj ect scope, which includes both the siding upgrades and stair repairs totaling
$11,000.
2) Approve project scope, which includes only the siding upgrades at a cost of $6,500 and
place the stair repairs into the CIP for consideration as a stand alone project.
Fllnc1ing'
3) Fund Project Options 1 or 2 above with unoblogated CIP funds.
4) Fund Project Options 1 or 2 above with City Council Contingency funds.
As a follow-up, staff will bring back a Budget Resolution for adoption reflecting City Council
direction at the next City Council meeting.
FISCAL IMPACTS:
Depends on City Council direction.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The siding for the Museum addition will not be upgraded.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
A budget resolution reflecting City Council direction will be submitted to Council for adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time.
ATTACHMENTS:
None.
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SARATOGA CITY COUNCIL
AGENDA ITEM: ~
CITYMANAGt~¿~\)
DEPTHEAD: ~ e~~
MEETING DATE: Novemher 5, 20m
ORIGINATING DEPT: Pl1hlic Works
PREPARED BY: Morgan Kpssler@
SUBJECT: Saratoga Civic Center Fire Alarm Project
RECOMMENDED ACTION:
1. Move to declare Omnitronics, Inc. to be the lowest responsible bidder on the project.
2. Move to award a construction contract to Omnitronics, Inc. in the amount of $47,435.00.
3. Move to authorize staff to execute change orders to the contract up to $4,800.00.
REPORT SUMMARY:
Sealed bids for the Saratoga Civic Center Fire Alarm Project were opened on Wednesday, October
22. A total of three contractors submitted bids and a surmnary of the bids received is attached
(Attachment 1). One bidder was disqualified due to the bid being submitted after the 11 :00 am
deadline. The bid format specified the Administration/Plarming buildings as the main bid line-item,
with the Warren Hutton House, Corporation Yard Office and Civic Theater as alternate bid items
(see Attachment 2). Omnitronics, Inc. submitted the lowest aggregate bid of $68,956.00, which is
6.2% below the Engineer's Estimate of$73,500.00.
The funding currently available for this project is $48,1 00.00 in City resources and $5,645.00 in
grant funds, totaling $53,745.00. Since this amount is less than the lowest bid for the complete
project, priority is being given to the Civic Center Administration/Planning buildings and the Civic
Theater, with a total line-item cost of$47,435.00.
Staff has carefully checked the bid along with the listed references and has determined that the bid
is responsive to the Notice Inviting Sealed Bids dated September 26'\ 2003.
The scope of work includes fumishing all materials, equipment, and labor to install a fire alarm
system at the Saratoga Civic Center Administration/Planning buildings and the Civic Theater.
It is therefore recommended that Omnitronics, Inc. be the lowest responsible bidder on the project,
and award the attached construction contract to this firm in the amount of their bid.
..
/
I
Further, it is recommended that the Council authorize staffto execute change orders to the contract
up to an amount of $4,800.00 to cover any unforeseen circumstances and address additional work, .
which may arise during the course of the project.
FISCAL IMPACTS:
Funding for this work is programmed in the adopted Civic Center Fire Alarm CIP budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Omnitronics, Inc. will not be declared the lowest responsible bidder and a construction contract will
not be awarded to that firm. The Council may make specific findings to declare another bidder to
be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project.
However, staff does not believe that a lower bid will be obtained by re-bidding the project due to
the competitive nature of the current bids received.
ALTERNATIVE ACTION(S):
Council could include all of the work as outlined in the project. This action would require an
increase of funding to the project budget of $22,1 06.60 (includes a 10% change order amount).
FOLLOW UP ACTION(S):
.
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin as soon as possible, and be completed by within 30 working days.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Bid Summary.
2. Low bidder's pricing sheet.
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BID SCHEDULE
ITEM QUANT. UNIT DESCRIPTION PRICE
1 1 LS Provide and install new Fire Alarm System for City
Hall, East & West Buildings as shown on Plans ~~ t¡~k,ttl
and Contract Documents dated 8/14/03.
,
ALTERNATE BID ITEMS
2 ALT. 1 LS Fire Alarm System for Council Chambersrrheater \C¡ tr(). ¡;:O
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3 ALT. 1 LS Fire Alarm System for Warren Hutton House ' Qt.
,j¡:.'?<;< i'
4 ALT. 1 LS Fire Alarm System for Corporation Yard Offices ï'IÍc:~JI.;:"
TOTAL BID (BASE+ALTERNATE ITEMS) Iv'b tíS1.P)
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.
SARATOGA CITY COUNCIL ;c,
MEETING DATE: November 5, 2003 AGENDA ITEM ~ \'0
ORIGINATING DEPT: Office of City Manager CITY MANAGE~ ¡~~iJ
PREPARED BY: Dave Anderson DEPT. HEAD:
SUBJECT: Use of Adult Care Center for Televised Council Meeting
RECOMMENDED ACTlON(S):
Accept report and provide direction to staff.
REPORT SUMMARY:
.
In past years the Council used the Adult Care Center for Adjourned Meetings, which occurred
every other Tuesday for the first six months ofthe calendar year, to meet with various Boards and
Commissions. This past year the Adult Care Center has been used infrequently as the Council
has discontinued the practice of meeting in Adjourned Session for this purpose and Ìnstead meets
with Commissions on a Saturday in January or February of each year. KSAR has made an
inquiry as to whether the Adult Care Center will be used for further Adjourned meetings so they
know whether to upgrade, abandon, or pull out the existing video equipment. Upon KSAR's
request the Mayor has asked that this be agendized for full Councìl deliberation and decision.
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
NIA
ALTERNATIVE ACTION(S):
NIA
. FOLLOW UP ACTlON(S):
Implement Council's direction.
.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
N/A
.
.
.
.
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2203
AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: r no~ DEPTHEAD:
Cathleen Rover. Citv Clerk
\\
SUBJECT: Proposed City Council Meeting Calendar for 2004
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
Attached is the draft City Council Meeting Calendar for 2004,
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/AALTERNATlVE ACTION:
N/A
FOLLOW UP ACTIONS:
Provide copies to all City Councilmembers, Staff, and Commissioners, Notify KSAR and update
web site.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Calendar
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2004
1/7 Regular Meeting
1/10 City Council Retreat
1/21 Regular Meeting
2/4 Regular Meeting
2/7 City CouncillCommission Retreat
2/18 Regular Meeting
3/3 Regular Meeting
3/17 Regular Meeting
4/7 Regular Meeting
4/21 Regular Meeting
5/5 Regular Meeting
5/19 Regular Meeting
6/2 Regular Meeting
6/l6 Regular Meeting
7/7 Regular Meeting
7/21 Regular Meeting
8/4 Regular Meeting
8/l8 Summer Recess
9/l Regular Meeting
9/15 Regular Meeting
10/6 Regular Meeting
10/20 Regular Meeting
11/3 Regular Meeting
11/17 Regular Meeting
12/l Regular Meeting
12/14 Council Reorganization
12/l5 Regular Meeting
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