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HomeMy WebLinkAbout11-02-1983 CITY COUNCIL AGENDACill".11 OF AGE:\DA BILL NO. Initial: Dept. 12. DATE: Oct. 24, 1983 ( Nov. 2, 1933 ) C. Atty Community Development C. Mgr. SL7-- j7_'CT: Final Building Site Approval SDR 15'35 Michael Elder, Panorama Drive Issue SL-- mary 1. This is over 50% addition to an existing dwelling 2. The SDR 153x:- is ready for Final pproval 3. All requirements for city departments and other agencies have . been met Reccrnendaticn Adopt Resolution No. 153:5 7-02, attached, approving the building site subject SDR Fiscal Im=zcts None EXhibiis /Attztch.^, nis 1. Resolution No. 1535,• -02 2. Copy of tentative map 3. Report to Planning Commission 4. Status report for building site approval 5. Location map Ccuncil t %ction 1112% Approved on Consent Calendar 5 -0. RESOLUTION NO. 15.4..'-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Michael Elder The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 1.06 Acre Parcel shown as Lot 23 on tract Los Haciendas DeLa Rinconade recorded in Book W4 of Maps on Pages 16 -18, ' and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the 2nd day of November 19 83 by the following vote: . AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 1 I l 1 I rI - l S I♦ ♦1 s'/ 240. T4 _ ,• Y. Vii! 4d i� f I (I I oJI ! j {I71 I I r qdo, >< I o ♦ I 1 11 I I I 1 II. / - FD ., / f � ROLIR •((L� lM,l r 0. J79 I. I Li N� LL Q )r� L o_ • Q I 41 01• A ONI(ER: MR. # MRS. MICHAEL 6LDCR l 141.08 PANORAMA DI•.• SARAn*^, -1=70 ' )SA -4704 5Vr•V2TOq: ROVRR C. DOOOQ tz -1 MONTC LJMI, DRr CN^PDtLL, 41009 ]79•)476 ' UTYUTIES: NAT 6.LS_P [LCCTIV CI'hJJ' P.6.} !. (fN FR'OiJT� !A N, JEw2'M1� IAIJITA'nON DI iT.YCAT RGR) DomerTIC L4A76mj EXWW PU14POSC OF TCNTATIVE M•AP_ h FACILITATE APt ROVAL OF ^DOITIONAL DCVEL.O PMCr1T(ryn2 OF CAISTINa LOT; NO LoT OIVI 910 Af R6Que$r6D AREA CP "IT1N0, LOT: / (.Cuo AC.' STORM OAAIrlASC: SutFAC6,, twI1TIr1l- IL PROPOCCD EIILTIo 4 PROPOtCD UCC: SINGLE MrAW -f RtLIOfHnAI. AVFWW6 SLOPE_ S ••o Lt4 r L ,L. .--j L • 2024 s• LaI. c• co IN PROPER;:; t ItlPTION' LOT tl OG "LAS 1AU6NDAS DF LA ZINC. JAOA DE 1.01 4,A-,Vi) •W% MAPA It." pL%opER-,r ADOAELI: 19206 PANORAMA DRjlARAT9iA S S A SITC 1Rq fie,. +° rod r, IY P X CD 1 ca T of - N• lu,Lt 'QC . LOCATION MAP TENTP\TIVE MAP . LANDS OP ELDER Sfta^-r A, CAL. DODGE- BHEPHEP.D ASSOC., SURVEYING 2241 MOKrULOAA, DR. CAWb ELL,CAUF. tSWG ' 3742472 2sSJrol ¢,.. o e �tE a8�" 3 REPORT TO PLANNING COMMISSION 0Y of Saratoga CJ APPROVE -D BY: DATE: - -3 DATE: 4/6/83 Commission Meeting: 4/13/83 SUBJECT' SDR -1535, A -862, Mr. & Mrs. Michael Elder, 19208 Panorama Dr. ---------------------------------------------------------------------------- REQUEST: Building Site and Design Review Approval to construct a first and second story addition to an existing single story dwelling which is more than a 50% expansion. OTHER APPROVALS: None PLANNING DATA: PARCEL SIZE: 46,194 square feet ZONING: R -1- 40,000 GENERAL PLAN DESIGNATION: Low Density Residential NOTICING: Notice of this project has been posted on site, mailed to surrounding property owners and advertised in the Saratoga News. SITE DATA: SURROUNDING LAND USES: Single family residential SITE SLOPE: 9.18% SLOPE AT BUILDING SITE: 5% GRADING REQUIRED: CUT: 200 Cu. Yds. CUT DEPTH: 3 Feet SETBACKS: Front - 41 ft. Rear - 128 ft. Left Side:- 33 ft. HEIGHT: 28'6" FILL: 200 Cu. Yds FILL DEPTH: 3 Feet Right Side - 20 ft. C Report to Planning Commission SDR -1535 SIZE OF STRUCTURE: FLOOR AREA: 4/6/83 Page 2, First Floor Existing - 3,688 square feet First Floor (New) - 1,980 suare feet Second Floor (New) - 876 square feet Total - 6,544 square feet 6,200 square feet is allowed by ordinance IMPERVIOUS COVERAGE: 31.3 %, 37% is allowed by ordinance COLORS & MATERIALS: Brick veneer with white window shutters will be used for the exterior. Roofing materials will be heavy shake. SOLAR: None proposed LANDSCAPING & LIGHTING: No landscaping plans have been required with this application. PROJECT STATUS: Said Project complies with all ojectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A (Categorical Ememption) was preated and was to be f -led iAth the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: February 24, 1983 The Staff Report recommends approval of the tentative map for SDR -1535 (Exhibit "B" filed February 24, 1983) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel mapl payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site-.approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with.the folowing Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. COMMUNITY DEVELOPMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. C Report to Planning Commission 4/6/83 SDR -1535 Page 3 B. Submit "Parcel Map" to City for Checking and Recordation (Pay required checking and Recordation Fees). (If Parcel is shown on existing map of record, submit three (3) to -scale prints.) C. Deferred Improvement Agreement (Improve Panorama to City Standards.) D. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineers, as needed to convey storm runoff to Street, Storm Sewer or Watercourse. E. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. F. Watercourses must be kept free of obstacles which will change, retard or precent flow. G. Protective Planting required on roadside cuts and fills. H. Enter into "Deferred Improvement Agreement" for the required improvements marked "D.I.A." III. DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed pro- fessional 1. Foundation B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or highter. 4. Standard information to include titleblock, plot plan. using record data, location map, north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS PERMIT REVIEW 1. Design Review Approval required on project prior to issuance of permits. Report to the Planning Commission 4/6/83 SDR -1535 Page 4 FINDINGS: 1. Avoid Unreasonable Interference with Views & Privac Staff noted no interference with the viewshed of neighboring parcels. The dwellings across Panorama Drive are situated at a higher elevation than the subject site so that there view is not impaired. The views of the adjoining parcels to the west and east have their view oriented toward the south so that their view is also not impaired. Staff also noted no significant privacy impacts to the adjacent neighbors to the west and south. The property to the is located at a lower elevation than the subject structure so that their rear yard is already visable from the subject lot Therefore, the second story does not significantly increase the impact. Some screening to the property to the rear is provided by existing fruit trees as well as vegetation on the neighboring site. Similarly, the property to the west is also situated at a lower elevation and is fairly well screened with its own landscap *ng consisting of evergreen shrubbery and a mature (60' tall -) evergreen oak. 2. Minimize Perception of Excessive Bulk and Compatible Bulk & Height The structures immediately adjacent to the subject structure are one story, however, there are four other two story dwellings on Panorama Drive which put them in close proximity to the subject structure. It appears to staff that the structure will be compatible with the neighborhood in terms of bulk and design, since there is a mix of one and two story homes. Staff has also considered that the 2nd story addition is to be constructed over a small portion of the existing structure and will have a relatively low elevation. 3. Infills: Compatibility, Views, Privacy and Natural Features Staff has noted no significant privacy or visual impacts to the adjacent properties or the nighborhood. Staff also feels the project is compatible in terms of design and bulk with the surrounding homes. RECOMMENDATION: Approve per Staff report dated 4/6/83 and Exhibits "B & C" subject to the following conditions: A. Prior to the issuance of building permits: 1. Minor modifications to the approved elevations require the review and approval of the Permit Review Division. 2. Detailed grading and drainage plans shall be reviewed and approved by the Division of Inspection Services Report to the Planning Commission SDR -1535, A -862 APPROVED Sharon Lester Planner SL /bjc P.C. Agenda 4/13/83 4/6/83 Page .5 * Comments: The recreational court indicated on the tentative map is not approved with this application. MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1535, Michael Elder (have) () been met as approved by the PlanningJCommission on 4 -13 -83 Listed below are the amounts, dates and City receipt numbers fo-r all required items: Offer of Dedication N.A. Record of Survey or Parcel Map Storm Drainage Fee N.A. All Required Improvement Bonds All Required Inspection Fees Building Site Approval Agreeme Park and Recreation Fee N.A. N.A. Date Submitted N.A. Date 150.00 Date [it Date Date Date Submitted --- Date Submitted Receipt # Submitted Receipt# Submitted 10-20-87-- Receipt# 3290 Signed Submitted -- Receipt# - It is, therefore, the Community Development Department recommendation that (Coa 0c) (Final) Building Site Approval for Michael Elder , SDR- 1535 be granted. If Conditional Building Site Approval is recommended, it shall become un7 conditional upon compliance with the following conditions: Condition(s) I. Reason for Non- Compliance Robert S. Shook Director of Community Development C1'1"_ Cdr AGu%'DA BILL NO. 533 DATE: 10 -26 -83 (11- 02 -83) Community Development SU"BTECT: Abandon the existing offer of dedication of ------- ____ a storm drain- easement --.Longmeadow Issue SL --=ary The City Council, at their regular meeting of January 5, 1.983, approved the final map for Longmeadow Development. The alignment for storm drain was changed in the field to save some trees. Therefore, Longmeadow Development wants to dedicate new storm drain easement and abandon the existing storm drain easement. Recc:m-,endaticn Adopt Resolution No.' attached, to abandon the existing offer of dedication of a storin—J—rain easement. Fiscal Im=acts None E:<h i b i is /A ttcch^rs is 1. Resolution No. 2. Dedication of Storm Drain Easement Ccuncil �%Ction 11/2,: Approved Resolution No. 2101 on Consent Calendar 5 -0. A CITY OF SARATOGA AGENDA BILL NO. DATE: Oct. 27, 1983 (November 2, 1983) Initial: Dept. Hd. C. Atty. DEPARTMENT: Community Development C. Mgr. SUB=: SDR -1496, R. Araldi, Canyon View Drive Issue Summary In 1960 an offer of dedication was made providing for a forty.(401) foot wide right -of -way for an eventual public street. During the recent development of this area it was determined that a narrower width emer- gency access was all that was required. Therefore, the applicant has submitted a new offer of dedication for a twenty -five (2S') foot wide right -of -way and the 40 foot width is no longer necessary. Recommendation Adopt Resolution No. which vacates the original 40' right -of -way. Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 2. Original Offer o De ication (401) 3. Current Offer of Dedication (2S') 4. Sketch Council Action 11/2: Approved on Consnet Calendar 5 -0 (Resolution 2102). .:.:- ......,•..•,..... SDR -120 :1 pis ice: OFFER TO DEDICATE - STREET pp W. C. Noeggarath - Canyon View Drive so ,J a\ tb..x :t..-n2rf; ' Cwii`., T — _ t7 ti:... rrt: --: ;_ Ga The u.�'.dar.,iga2c, uad.a : r�r:i that Lhx within eff cr can or-.IV be r.ccepted b xaeelatir. t,.f r:, Y ti;e ti;,t.z: (:cu -�ci of tLC City C_ Sar ctUg nurt•aant to alac, '.1�n�� }t. C'n5.: Jecticr if ^ = 1 rc�co at oa c.� tW, St0't , c: P ifcraia, and BCCOIJ�C.T?.4C ... n 1, r : tht, tO c . u ,i . r.d ; _. � CCRIItiLt;'.:� . at , Tiil_E O!iCr mhali G: irravo^ Ck'01" B.M. t!:r:, l DC �' id'::i, ,; UMon Cur he' -ra, T:era, ,-,Ll reprassn ativez, Vcic�sccr� a3oti as'AjF7k::_ The plur..-L as Mach. arein snail inci.tde tac aur')V-v �.a:,. �r;,.. 4he : i �t>;lsz" nhai.l includc tho' plural. '*Zde of fdttlifurnin Santa 91 AM �ss r nol.4850 Pori :�5 — ACKNOWLEDGMENT— General — Mn this...... 8th........ day of ................. July ............................ A. D. 19.60.. before me. .". .• ................Asher...I.... Roberts.--- .....................a Notary Public in and for the said County and State, residing therein. duly commissioned and sworn, personally ap- peared ........ Wolf gang..C... Noegg erath ........................................... ..................................... known to me to be the person whose name ............ .....................subscribed to the within Instrument, and acknowledged to me that he executed the same. �Jn Oitness 'Whereof, I have hereunto set my hand and affi dm official seal the day and year in this Certificate first above written. Notar lie in aH ounty and State of California MY Commi,eioa Expires .......... �`1.Y.CV _... sioo Expic.. a..$. CpaCmber j..L91i7.__....^a_ati4t_�. RobeQS ............ .............. Form GA — Sam HoA:ar, Legal Focra, Printing Service. 2728 Fruitvale Ave., Oakland, Calif. A strip of land 40 ft. wide located southerly along the north line of that certain parcel of land conveyed by Lorrill A. Palm et ux. to Devisees of the Estate of Hedwig Johanna Noeggerath, deceased, by Deed dated January 12, 1959, - and recorded February 5, 1959, in Book 4314 of cf ficial records, page 5690 Recorder file No. 1582863, Santa Clara County Records, and being a portion of the South one -half of the South east one - quarter of Section 2, Township 8 South Range 2 tiNest, Mount Diablo Base and Meridian. m � o 0 c� r 1-� C l vo r, c: -, C_ O C..: C J J The u.�'.dar.,iga2c, uad.a : r�r:i that Lhx within eff cr can or-.IV be r.ccepted b xaeelatir. t,.f r:, Y ti;e ti;,t.z: (:cu -�ci of tLC City C_ Sar ctUg nurt•aant to alac, '.1�n�� }t. C'n5.: Jecticr if ^ = 1 rc�co at oa c.� tW, St0't , c: P ifcraia, and BCCOIJ�C.T?.4C ... n 1, r : tht, tO c . u ,i . r.d ; _. � CCRIItiLt;'.:� . at , Tiil_E O!iCr mhali G: irravo^ Ck'01" B.M. t!:r:, l DC �' id'::i, ,; UMon Cur he' -ra, T:era, ,-,Ll reprassn ativez, Vcic�sccr� a3oti as'AjF7k::_ The plur..-L as Mach. arein snail inci.tde tac aur')V-v �.a:,. �r;,.. 4he : i �t>;lsz" nhai.l includc tho' plural. '*Zde of fdttlifurnin Santa 91 AM �ss r nol.4850 Pori :�5 — ACKNOWLEDGMENT— General — Mn this...... 8th........ day of ................. July ............................ A. D. 19.60.. before me. .". .• ................Asher...I.... Roberts.--- .....................a Notary Public in and for the said County and State, residing therein. duly commissioned and sworn, personally ap- peared ........ Wolf gang..C... Noegg erath ........................................... ..................................... known to me to be the person whose name ............ .....................subscribed to the within Instrument, and acknowledged to me that he executed the same. �Jn Oitness 'Whereof, I have hereunto set my hand and affi dm official seal the day and year in this Certificate first above written. Notar lie in aH ounty and State of California MY Commi,eioa Expires .......... �`1.Y.CV _... sioo Expic.. a..$. CpaCmber j..L91i7.__....^a_ati4t_�. RobeQS ............ .............. Form GA — Sam HoA:ar, Legal Focra, Printing Service. 2728 Fruitvale Ave., Oakland, Calif. "',. I ENKRSED COSY C 7746958 OFFER TO DEDICATE PROPERTY FOR EMERGENCY ACCESS For valuable consideration, the undersigned owners of the here- CD inafter described real property, hereby warranting that they o�� constitute all of the owners thereof, for themselves, their heirs, <.� successors and.assigns, hereby irrevocably offer to dedicate to o the City of Saratoga, a Municipal Corporation, an easement and right -of -way for a public emergency access (including all trees or ° ° growth presently growing or as may be grown within said right -of -way) upon, under, over and across that certain real property situated in the m a City of Saratoga, County of Santa Clara, State of California, and more particularly described as follows: I A non - exclusive right -of -way for a public emergency access road over and along the northerly 25 feet of land extending from the westerly line of track no. 1318 Wildwood Heights to the easterly line of the parcel of land herein described as A PN #503 -28 -92 and is Parcel 1 as shown on the Record of Survey recorded 9/7/62 in Book 151 of Maps page 50. 0 D R - ti . r-1' 63 - i.:.1 '4 c7 LJ . t ✓' 1: ILA C•:, [ "1 LL wa,. The undersigned understand that the within offer can only be accepted by resolution of the City Council of the City of Saratoga pursuant to Streets and Highways Code Section 1806 of the State of California, and recordation-of this instrument shall not and will m t constitute acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be binding upon our heirs, personal- representa- tives, successors and assigns. The plural as used herein shall in- clude the singular, and the singular include the plural. L Executed this 22 day of ApriZ 19 83 Robert Jl AraZdi i (All Signatures must be ack— u'led.ged! before Notary Public - attach eit er orporate, in i.t ax,or partnership notary form.) I 1 - � 1 Mc6AN s G I t qo l ` % t / � J A 10' WIDE STRIP OFFERED TO THE CITY FOR PUBLIC ` .. STREET T/II160, IT IS ASSUMED THIS OFFER IS REJE /MARTIN I `d I'I'�� °F (� �'I�\ a.' SINCE NQ ?UBUC STREET "TEN SOON IS PR IED BY TH CITY CAST 395.31' I \ 1 w''v.'.'c'�••°'"� -�wa.. ..., '� ..gym -e.- ,.,ter,_ .r jo SIP . i 7.7 L 0.16 Q r S M,yA �� 1 • R2r I T F-0 - Rp_. - ---L- S"LfLO F n• OED" %- / �3�/Il s �1Ve I i i Q WEST 1,5— i � F � I ..... E l— YARIANC[ NOT[ "W4 WRIARCE APPLICATION HAS KEN PILED FOR THIS d PROPDSAL. WITH VARIANCE A LARGE OAR TREE IS SAVED AND THERE IV[MAT I! L[!S 011AOIM0, MALL OR AND LDA REQUIRE D DUE TO 20'LE3S . NOT[ F TITLE REPORT FOR !lY[ NOTE! 9A19M9RT! 1 4 RECOM OED IN BOOR 871 DR. 191, SOOR 4314 OR. 569 AND BOOR SOTOO.R.191 FOR ACCESS AN UTILITIES WHERFLOCATION IS NOT I' DEFI WAS OR MAVE NO EFFECT ON SITE V /C /N /TY Mi9P I TRCE TO 5E RENDVED .9YiDGE / =JW' O -W DENOTE WALL ANDHEIGHT I I. APPLICANT: ROBERT ARALOI 354 MATTSON AVENUE LOS C.A T01. :A. 95050 I , 7. OWF:EAS: MEREDITH [. SUNG C/0 LEONARD WADE KI ALKIN TO Wit D -112 LOS GAIOS. CI. 9S050 556 -1246 5. CIVIL ENGINEERS t LAND I ANNERS: JENNI2:GS- MCDERMOTT- MEISS, INC. 925 PEG FIT STREET SAN JOSE, CA. 95110 286 -4555 4. LOT SIZE: 16,000 SQUARE FEET GROSS 5. EA IS T II;G AND PROPOSED .-'-NO USE: VACANT S SINGLE FAMILY 'MOM[ 6. E %1St II:G ZOM ING P -1 40.000 PROPOSED ZCr:I NG I 1-1 40,000 /. S— ITAP.Y SEVER 10 CC"" SANITATION DISTRICT 44 LINE IN ADJACENT STREETS. R. EA SE.MEF TS FOR OR IMAGE, SEVAGE AND PUBLIC UT IL I r IES TO BE PR UV IDED A5 REQUIRED BY THE CIIY •II SARATOGA AID AIEFCTED PUBLIC UTILITIES. 9. WATER SYSTEM TO BF P-1 1DFD BY SAN JCS, WATER WORKS FROM EXISTINC FAFIIITIFS ADJACENT - SITE. 10. EI. ECTRICITY AND GAS 51 P.G.t E. 10 FACII]TIES ADJACENT TO SITE. 11. STDRM ORA IMAGE SNZII OF 10 CANYON VIEW DRIVE. AS REQQIPID BY Ir,E City OF SA RA TCI,A, 12. STPFE• TREE P]ANTINI. TO BE PROVIDED AS R(,QUIRFD BY TI,L CITY OF SAPAIOGA. 15. SITE AVERAGE `J 0, IS 18.1 I TEAR 1 OUT CIINTO,,W III;C 1580 14, TINE AREA IS NT SIIB.IECS 10 INIINUATIOI., 15. SITE IS APII 4505 -28 -92 AND 15 PARCEI. I AS SHOWN ON RECORD OE SURVEY PFCOPCI'D 9/2:(.2 IN BOOK 151 OF MAP$ IAF,] SIN. V CITY OF SARATOGA AGENDA BILL N0: 536- DATE: October 24, 1983 DEPARTMENT: Maintenance SUBJECT: Muscular Dystrophy Association - "Saratoga Six" Running Race Initial: Dept. Hea City Atty City Mgr Issue Summary The City has been contacted by the Muscular Dystrophy Association for permission to hold a running race on City streets. The race is scheduled for December 18, 1983, to begin at 9:00 a.m. The race will begin and end at E1 Paseo de Saratoga shopping center. Recommendation Authorize race to be held on December 18th with the stipulation that the sponsors of the race will provide the City with proof of liability insurance naming the City as an additional insured, will coordinate reserve officer, if needed, at their expense, and will be responsible for clean -up of all race related debris along the entire race course. Fiscal Impact None Exhibits /Attachments Race request letter. Map of race course. Council Action 11/2: Approved on Consent Calendar 5 -0. MUSCULAR DYSTROPHY ASSOCIATION Fighting 40 Neuromuscular Diseases Active Member, National Health Council JERRY LEWIS Board of Directors National Chairman S. MOUCHLY SMALL, M.D. EDWARD W. BARRETT President ROBERT M. BENNETT SYLVESTER L. WEAVER, JR. LOUIS R. BENZAK Chairman, Executive Committee MICHAEL E. DeBAKEY, M.D. HENRY M. WATTS, JR. THOMAS R. DONAHUE Vice Chairman, JOHN A. GANNON Executive Committee JOHN J. GARDINER STEWART G. WOLF, JR., M.D. ALVIN HAMPEL Chairman, JACK HARRIS Scientific Advisory Committee MRS. JOHN T. MASTERS LEON I. CHARASH, M.D. FREDERICK O'NEAL Chairman, ROBERT G. SAMPSON Medical Advisory Committee GEORGE J. SIMKO ROBERT ROSS S. MOUCHLY SMALL, M.D. Vice - President and HENRY M. WATTS, JR. Executive Director SYLVESTER L. WEAVER, JR. MRS. JOHN C. WEST Please Reply To: SHARON BUILDING, 1140 PEDRO STREET, SUITE 3, SAN JOSE, CA 95126, (408) 275 -1133 October 20, 1983 Mr. Dan Trinidad City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear Dan: Thank you for taking the time to speak with me the other day. Your input was most helpful and I look forward to your continued cooperation on this project. I would first like to offer some background on the Muscular Dystrophy Association. We are a national voluntary health agency with an annual budget of $77 million, MDA operates over 240 patient services clinics and 10 major research clinics. Over 75% of all monies raised goes into program services with management less than 5 %. Locally, the Mission Counties District serves the four counties of Santa Clara, Santa Cruz, Monterey and San Benito. The local chapter provides patient services, orthopedic equipment, therapy and other care for over 320 clients at clinics located at Valley Medical Center and Stanford University. Stanford medical personnel also received over $280,000 in research grants this year. MDA also operates a summer camp program for clients at Walden West in Saratoga. This year over 120 clients were able to spend a week in the natural splendor of the local mountains. All monies raised in this area are utilized here and determine the quality and structure of our services. Getting back to the project we discussed, the "Saratoga Six" road race starting and finishing at E1 Paseo de Saratoga. Our proposed date for the event is Sunday, December 18. Start would be 9:00 A.M. with projected finish for last runners at 10:00 a.m. I' alter"_B_ the- -rlther ufi . Continued.... NATIONAL OFFICE: 810 SEVENTH AVENUE, NEW YORK, N. Y. 10019 212 586 -0808 .4w® MDA sponsors basic and applied research into neuromuscular disorders, including the muscular dystrophies; the myosites; Friedreich's ataxia, amyotrophic lateral sclerosis (ALS) and other spinal muscular atrophies; and myasthenia gravis, and provides services to those afflicted by these diseases. KAREEM ABDUL- JABBAR Los Angeles, Cal. RICHARD A.ABEND,ESQ. Utica, N. Y. JOHN ASTIN Beverly Hills, Cal. PEARL BAILEY Northridge, Cal. BETTY Q. BANKER, M.D. Shaker Heights, Ohio ALAN J. BELL Oakland. Cal. BRADFORD R. BOSS Barrington. R. I. BOB BOWERMAN Joplin, Mo. HON. WILLIAM H.BRIARE Las Vegas, Nev. HON. JACK H. BRIER Topeka, Kan. LOIS BURNS Clarks Summit, Pa. CLARENCE H.CARLANDER Honolulu. Hawaii LOUIS J. CARUSO Ringwood, N. J. SHELDON COOPER Chicago, III. S. JAMES COPPERSMITH New York, N. Y. HON. ALFRED B.DeIBELLO Waccabuc, N. Y. R. MAX ETTER, JR., ESQ. Spokane. Wash. Treasurer LOUIS R.BENZAK Rye, N. Y. PATTY DUKE ASTIN Beverly Hills, Cal, MRS. CARL F. AXELROD New Rochelle, N. Y. `EDWARD W.BARRETT Greenwich. Conn. KEN T. BEMENT Portland. Ore. ADAM N. BENDER. M.D. New York. N. Y. *ROBERT M.BENNETT Wellesley Hills. Mass. 'LOUIS R.BENZAK Rye. N. Y. DAVID S. BOWMAN. SR. Arlington, Va. JOHN B. BRANCHE, M Hempstead, N. Y. WILLIAM R. BRAllIL Coral Gables, Fla. DONALD E.BRECKENRIDGE St. Louis, Mo. VIRGINIA CAPERS Los Angeles, Cal. JON P. COATES Englewood. Colo. DOROTHY COLLINS Vero Beach, Fla. A. PHILIP CORVO San Diego, Cal. BETTY Q. BANKER, M.D. Case Western Reserve Univ. Cleveland. Ohio ANDREW G. ENGEL, M.D. Mayo Clinic Rochester, Minn. MICHAEL H. BROOKE, M.D. Washington Univ. St. Louis, Mo. MARVIN L.FACHER Short Hills, N. J. GILBERT L.GARROW Tulsa. Okla. LARRY GATLIN Brentwood, Tenn. ROSEMARY GERNETTE Milwaukee, Wisc. MRS. FREDERIC E. GIERSCH, JR. Pasadena, Cal. THOMAS L.GOODGAME Pittsburgh, Pa. LEON GREENSPAN, M.D. New Rochelle, N. Y. BOB GRI ESE Coral Gables, Fla. DAVID HARTMAN New York, N. Y. DAVID E.HENDERSON East Greenwich, R. I. RAY F.HERNDON Midland, Texas MRS. GIL HODGES Brooklyn, N. Y. HARRY HUBBARD Austin, Texas JAMES A. JACKSON Prairie Village, Kan. RAY A.KARPOWICZ St. Louis, Mo. HON. EDWARD M. KENNEDY Washington, D. C. REAR ADMIRAL THOMAS A. KING Kings Point, N. Y. Vice Presidents LANE KIRKLAND Washington, D. C. RALPH H. KRESS, ESQ. Floral Park, N. Y. MRS. FIORELLO H. LaGUARDIA Riverdale, N. Y. JULIUS LaROSA Irvington, N. Y. GEORGE W.LEHR Kansas City, Mo. LORNA LOFT New York, N. Y. HERBERT H.MABRY Atlanta, Ga. TONY C. MALARA Bronxville, N. Y. STEWART H.MASENHEIMER Silver Spring, Md. DOYLE V. MATHIA Las Vegas, Nev. TUG McGRAW Media, Pa. ED McMAHON Beverly Hills, Cal. JOAQUIN MONSERRAT Santurce, P. R. HON. EDGAR G. MOUTON, JR. Lafayette. La. STAN MUSIAL Ladue, Mo. ROBERT E. NEDERLANDER, ESQ. Birmingham, Mich. LOUIS P. NEEB Miami, Fla. Assistant Treasurer Secretary JOHN J. GARDINER FREDERICK O'NEAL Lansdowne, Pa. New York, N. Y. HAROLD C. CRUMP Houston, Texas PETER C. DAD, M.D San Francisco. Cal. 'MICHAEL E. DeBAKEY, M.D. Houston, Texas MRS. MUCIO F.DELGADO New York. N. Y ROBERT G. DiVITA. ESQ Williamsville. N. Y. *THOMAS R.DONAHUE Washington. D. C MRS. RUTH DUDLEY Bethesda, Md. CHAD EVERETT Chatsworth, Cal HON JAMES E. FITZMORRIS, JR New Orleans, La LAWRENCE P.FRAIBERG New York, N. Y. MICHAEL T. GAFFNEY-_ Milwaukee. Wisc. `JOHN A.GANNON North Olmsted, Ohio "JOHN J.GARDINER Lansdowne, Pa. MRS A.G GASTON Birmingham. Ala. HOWARD GERNETTE Milwaukee, Wisc. MAX K. NEWMAN, M.D. Fountain Hills, Ariz. EDWARD M.NIGRO Las Vegas, Nev. THOMAS R. ODISHO Phoenix, Ariz. JOSEPH D. O'GARA Shamokin, Pa. FRANKLIN J. PONICK Avon Lake, Ohio BERNARD G.PREHM Worthington, Ohio BOB D. PRICE Casper, Wyo. RICHARD K. RANSOM Sylvania, Ohio PAUL RAYMON Atlanta, Ga. DAVID P. REYNOLDS Richmond, Va. JOAN RIDDLES Dallas, Texas DAVE ROBERTS Villanova, Pa. CLIFF ROBERTSON New York, N. Y. HON. GUSTAVE G.ROSENBERG New York, N. Y. ROBERT ROSS New York, N. Y. BERNARD J. RUDO Highland Park, III, JOEL W.SARRETT Meridian, Miss. Assistant Secretary MRS. JANET FRIEDLANDER Brooklyn. N. Y. Members of the Corporation WILLIAM C. GIBSON. M.D Vancouver, B. C., Canada FLOYD V.GISH Dallas. Texas THOMAS J.GORMAN Binghamton, N Y. *ALVIN HAMPEL Chicago, III. 'JACK HARRIS Houston, Texas JOHN L. HILL, ESQ. Austin, Texas ADELBERT M JAKEMAN.JR Ocean Park. Maine HERBERT KAMM Cleveland, Ohio YOUSUF KARSH Ottawa, Ont.. Canada MRS FRANK LANGFELDER Belmont. Cal. KERLEYLeBOEUF' Tampa, Fla. TERRY LEE Miami Shores, Fla. "JERRY LEWIS Las Vegas, Nev. 1 LEONARD LOVDAHL Brookfield, Wisc. 'MRS. JOHN T. MASTERS Beverly Hills. Cal. Scientific Advisory Committee STEWART G. WOLF, JR., M.D., Chairman HENRY F. EPSTEIN, M.D. Baylor College of Medicine Houston, Texas EDMOND H. FISCHER, D.Sc. Univ. of Washington Seattle JOSEPH GOODGOLD, M.D. New York Univ., N.Y.C. R. RODNEY HOWELL, M.D. Univ. of Texas Medical School Houston Temple Univ. Philadelphia, Pa. PAUL HOROWICZ, Ph.D. Univ. of Rochester Rochester, N. Y. JON M. LINDSTROM, Ph.D. Salk Institute San Diego, Cal. Medical Advisory Committee LEON I. CHARASH, M.D., Chairman Cornell Univ., New York, N. Y. AIDE T. MILHORAT, M.D. Consultant. MDA Pelham, N. Y. W HOWARD McCLENNAN Falls Church. Va ED McMAHON Beverly Hills, Cal. HON.TOM MOODY Worthington, Ohio OLIN F MORRIS Germantown, Tenn PATRICK W MURPHY Mountlake Terrace. Wash 'FREDERICK 0 N1 AL New York, N Y - LARRY PRIGOZEN New York. N Y MRS E MORGAN PRYSE Washington. D C FRANK J ROBINSON. Whitehall, Ohio LEO ROSE San Antonio. Texas HOWARD A RUSK. M D. New York. N. Y. 'ROBERT G. SAMPSON Arlington Heights, III. MRS NORMA JEAN SANDERS Ft. Lauderdale. Fla MRS.TEDDE SCHARF Greeley. Colo. JOHN A SHANAHAN. Little Neck. N. Y GEORGE M. LING, Ph.D. U.N. Vienna International Centre Vienna, Austria ANTHONY N. MARTONOSI, M.D. State Univ. of N, Y. Syracuse LEWIS P. ROWLAND. M.D. Columbia Univ., N.Y.C. HENRY A. PETERS, M.D. Univ, of Wisconsin, Madison FREDERICK 1. SAMAHA, M.D. Univ. of Cincinnati Ohio PAUL D.SCHRAGE Wheaton. III. BUDDSCHULBERG Westhampton Beach, N. Y HON. TED SCHWINDEN Helena, Mont. JACK E.SHAFER San Diego, Cal. LAWRENCE Z. STERN, M.D. Tucson, Ariz, LELAND N.SUNDET Excelsior, Minn. G. G. SWEET Eau Claire, Wisc. WILLIAM G. SWIFT Cottage Grove, Ore. JOHN P. THOMPSON Dallas, Texas MEL TORME Beverly Hills, Cal. MANUELTORRES MARQUEZ Guaynabo, P. R. LAWRENCE A.TREGER Crownsville, Md. L. SCOTT WATSON Cartersville, Ga. NORMAN W. WILLIAMS Omaha, Nebr. ROY L. WILLIAMS Kansas City, Mo. HAROLD WOOLLEY Salt Lake City, Utah WILLIAM H. WYNN Alexandria, Va. CHUCK ZINK . Miami, Fla. Comptroller ROBERT LINDER, CPA New York, N. Y. `GEORGE J. SIMKO Oyster Bay, N. Y. "S, MOUCHLY SMALL, M.D. Buffalo, N. Y. VINCENT R. SOMBROTTO Washington. D. C YASUMORI TOME Honolulu, Hawaii JOHN K WALLACE' JR St Loms. Mo `HENRY M WATTS JR Philadelphia. Pa *SYLVESTER L WEAVER JR. Santa Barbara. Cal ANDREW W. WENDLING. M.D. New York, N. Y. `MRS JOHN C WEST Hilton Head Island, S C. MRS. ELIZABETH R WILSON Stamford, Conn. WILLIAM E. WINTER St. Louis. Mo. STEWART G. WOLF, 1R . M D Bangor. Pa. HARRY ZIMMERMAN Nashville, Tenn. BARRY ZORTHIAN Washington, D C. 'Member, Board of Directors "Honordry Member. Board of Directors DONALD L. SCHOTLAND, M.D. Univ. of Pennsylvania Philadelphia RICHARD C. STROHMAN, Ph.D. Univ of Cahfornia Berkeley ANDREW G. SZENT- GYORGYI. M.D. Brandeis Univ. Waltham, Mass. LAWRENCE Z. STERN, M.D. Univ. of Arizona Tucson C MUSCULAR DYSTROPHY ASSOCIATION PAGE #2 We are proposing an entry fee of $8.00 which will include commemorative T- Shirt, refreshments, prizes and awards for the runners. As you can see, we need to move quickly on this matter. I am seeking city approval of request for Toad use /closure as soon as possible, hopefully at the City Council Meeting on November 2. I will be leaving for Eugene on 10/25 and will return 10/18. Please feel free to contact me prior to departure or my office during my absence. Again, thank you for your cooperation and anticipated support of our vitally needed services. Sincerely, JO�AUAA- Scott C MacTavish Program Coordinator SM;cr "THE" TELETHON Extra Special SPECIAL Labor Day Weekend '* I z, Please Reply To: SHARON BUILDING 1140 PEDRO ST. SUITE #7 SAN JOSE, CA 95126 (408) 275 -1133 iE() ZA lbe o Muscular Dystrophy Association, 810 Seventh Ave., New York, N.Y. 10019, (212) 586 -0808 �y CITY OF SA IC GA Initial: AcaNDA BILL NO. Dept. Hd. DATE: October 19, 1983 ev- C. A y. DEPARTMENT: City Manager C. Mgr. SUBJECT. Agreement with Live Oak Adult Day Care Center for Revenue Sharing Funds ---------------------------------------------------------------------------- Issue Summary: In the 1983 -84 fiscal year budget, the City council approved a Revenue Sharing Appropriation of $1,500 for the Live Oak Adult Day Care Center. This approval was conditional upon a report.and recommendation from the Saratoga Area Senior Coordinating Council. The attached June 13-, 1983, letter from Mildred Gordon, President of SASCC, recommends distribution of the allocated $1,500 to'Live Oak Adult Day Care Center. Based upon this recommendation, the attached agreement has been drafted. m Recotnlendation : Approve the Agreement between the City of Saratoga and the Live Oak Adult Day Care Center, and authorize the Mayor to sign Agreement. n _ l l� Fiscal Impacts : Council has previously approved the $1.,500 allocation of Revenue Sharing Funds, with the adoption of the 1983/84 budget. Exhibits /Attacht-cents ; 1. 6/13/83 letter from SASCC President 2. 7/19/83 letter from Live Oak Adult Day Care Center requesting funds 3. Draft Agreement Council Action 11/2: Approved on Consent Calendar 5 -0. I Saratoga Area SIAsc SENIOR COORDINATING COUNCIL C P. O. Box 123 • Saratoga, California 95070 June 13, 1983 Mr. Wayne Dernitz, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Dernitz: RECEIVED 'JUN 13 1983 CITY MANAGER At its work session on June 7, the City Council requested through Mr. Beverett that the Senior Coordinating Council provide information it may have on the Live Oak Adult Day Care Center in Los Gatos and the prospective need by senior Saratogans of services provided by the Center. It is my understanding that the Council wanted this channeled directly to you, Mr. Dernitz, SASCC has not made a detailed study of the Live Oak Center. On the basis of discussions with its representatives, we believe its aims are worthy. We further believe that a need for day care services for elderly citizens definitely exists in the Los Gatos - Saratoga area. However, no surveys have been made to provide quantitative information on the extent of this need. In addition, we have reached no definite conclusions on the structure, location and affiliation of the organization or organizations that in the long run can best meet the needs of Saratoga seniors. Therefore, on the basis of what we know now, we would concur in the feeling expressed by City Council members that the $1,500.00 tentative allocation made by the Council to the Live Oak Center is appropriate. An appropriation of this magnitude would have a number of advantages. 1. It would be a symbolic gesture of support to a worthy undertaking. 2. It would permit some outreach activity toward Saratoga by the Live Oak Center. Experience gained over a year's time would provide further helpful information on the suitability of the facility in meeting Saratogans needs. 3. It would preclude a large -scale commitment by the City (such as that which would be reflected in granting the Center's $16,000.00 appropriation request), until further determinations can be made on matters such as: a. Whether the Live Oak Center can Adopt an organizational structure that will make it eligible for funds from the Council for the Aging. We understand that the Center is not now eligible for a grant from the Council on Aging because the Center is not organizationally separate from its sponsoring Church. b. Whether a significant portion of Saratogans needs for senior day care services can be met by a center now operating in Cupertino. tv Page 2 SASCC letter to Mr, Wayne Dernitz, City Manager June 13, 1983 c. Whether it would be feasible for Saratoga's Senior Coordinating Council to coordinate the establishment and operation of a senior day care center for Saratogans, as opposed to combining forces with a neighboring community for a jointly supported center. By the end of the forthcoming fiscal year, we hope to have more definitive information on this matter. Respectfully, Mildred Gordon President, 1983,1984 �e Oaf A�lutt 'ley Care Wexler President Jeanette McNeely Vice President 19 High School Court • Los Gatos, California 95030 • [408] 354 -4782 Bobbye Gorenberg July 19, 1983 Treasurer RECEIVED Judy Smith Secretary Ann Williams JUL �j it i983 Dwight Bissell /� CITY '�l A M Carol Corner A�ER Mary Ellen Heising Barbara Nichols Marta Pardo Wayne Dernetz Doris Sayles City Manager Margery Vernon Anita Wolf 1377 Fruitvale Saratoga, Calif. Dear Mr. Dernetz, On behalf of the Live Oak Adult Day Care Center, I would like to request information on how to receive the Federal Revenue Sharing funds in the amount of $1,500.00 for the fiscal year of 1983 -1984. The Live Oak Adult Day Care Center provides day care services for a maximum of twenty -five frail elderly persons. At present there are ten participants enrolled for a socialization program for two days a week, with an ex- pectation to phase in fifteen more participants for ser- vice, four days a week by the end of fiscal year, 1983- 1984. The funding provided by the City of Saratoga will help pay a part time worker to do outreach in Saratoga, although at this time outreach will be limited. This part time worker also recruits and trains volunteers. If you need forms to be filled out by this office, please contact me. Sincerely, Marion Kohn, Director MK /md "Major funding provided by Town of Los Gatos through the Housing and Community Development Act" AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE LIVE OAK ADULT DAY CARE CENTER This is an agreement between the Live Oak Adult Day Care Center, a non - profit organization (hereinafter referred to as Grantee) and the City of Saratoga, a Municipal Corporation of the State of California (herein referred to as City). R E C I T A L S WHEREAS, the Live Oak Adult Day Care Center operates an adult day care service at 19 High School Court, Los Gatos, CA 95030, and has requested financial support of Federal Revenue Sharing monies from the City for operating support and outreach efforts; and WHEREAS, the City Council of Saratoga has determined that the activity of the Live Oak Adult Day Care Center is an appropriate community program eligible for receipt of Federal Revenue Sharing monies. Now, therefore, in consideration of the conditions contained herein, the parties agree to as follows: 1. Grantee shall operate and maintain an Adult Day Care Center known as the Live Oak Adult Day Care Center open to frail - elderly persons, including Saratoga residents. 2. Grantee shall provide a part -time outreach worker to assist in the recruitment and training of volunteers,and to do outreach work within Saratoga in order to identify the need among Saratoga residents for Adult Day Care services for the frail elderly. 3. Grantee shall maintain a liaison with the Saratoga Area Senior Coordinating Council regarding identification of needs and provision of services for the frail elderly population in Saratoga. 4. Grantee agrees to provide the City of Saratoga with a report prior to June 30, 1984 concerning the nature of contacts with and services provided to Saratoga residents. If available, statistics regarding the number and service needs of Saratoga's frail elderly population will be included. 5. For providing the above services, City agrees to pay Grantee $1500 from its available Federal Revenue Sharing funds, upon execution of this agreement. 6. Grantee agrees to save harmless, defend and indemnify the the City of Saratoga and its officers and employees from any and all claims, losses, damage to property or injury to or death of any person or persons resulting in any manner, directly or indirectly, by reason of any activities, use, maintenance or repairs by the Grantee, to this agreement. 7. Grantee agrees to comply with all regulations and require- ments set forth for recipients of Federal Revenue Sharing monies. The City has provided a copy of these regulations for Federal Revenue Sharing to Grantee. 8. The period of this agreement pertains to the 1983 -84 fiscal year starting July 1, 1983, and ending June 30, 1984. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of Live Oak Adult Day Care Center Executive Director Board President BY: Attest: -2- City of Saratoga Mayor City Clerk 4' 401:1 ¶401 Summary Of Restrictions And Limitations On The Use Of Revenue Sharing Funds There are specific restrictions and limitations on the uses of revenue sharing funds. Under the revenue sharing law and regulations, recipients must: • comply with state and local laws applicable to the expenditure of their own revenues when spending revenue sharing funds ( ¶405); • not discriminate against the protected classes in programs or activities funded with revenue sharing funds ( ¶440); • assure that any construction project funded 25 percent or more with revenue sharing funds complies with the Davis -Bacon Act requirements ( ¶420); • follow specific hearing procedures before spending, obligating or appropriating revenue sharing funds ( ¶320); • assure that, under certain circumstances, their own employees are paid the prevailing wage ( ¶435); • follow specific procedures if they invest revenue sharing funds ( ¶507); • spend or obligate revenue sharing funds within specific timeframes ( ¶508); and • make sure that revenue sharing funds are not used for lobbying or other activities intended to influence revenue sharing legislation ( ¶415). To date, the courts have held that no other federal laws apply to revenue sharing funds. Specific instances in which several federal statutes were found to be inapplicable to revenue sharing funds are detailed in ¶480. Letter rulings In response to inquiries on specific permissable uses of revenue funds, the Office of Revenue Sharing (ORS) has issued the following letter rulings: Competitive bids: Recipients are not required to take competitive bids on revenue sharing financed projects, unless such bids are required for the expenditure of the recipient's own revenues. If a recipient government, or its secondary recipient, is required under state or local law to competitively bid construction projects funded with local funds (its own source revenues) then it - must also do so with respect to a construction project funded with revenue sharing funds. This is the only circumstance under which competitive bidding is required of the revenue sharing act. (ORS Letter Ruling 2/24/77) Reimbursement from federal programs: Recipients may charge depreciation on a revenue sharing financed facility for purposes of reimbursement from a federal program. This is in response to your letter ... in which you ask whether the county may be reimbursed by HEW for depreciation charges on a building purchased with revenue sharing funds. A program under which HEW reimburses a recipient government for depreciation charges on a recently purchased building does not constitute a matching program, as a recipient government is not required to raise a certain amount of funds in order to receive a corresponding grant. Accordingly, a recipient government may claim reimbursement for depreciation charges from HEW on the building purchased with revenue sharing funds, regardless of when the building was purchased by the county. (ORS Letter Ruling 6/8/77) ,DRevenue Sharing Advisory Service November 1981 Revenue Sharing Handbook— Second Edition I� h a u 401:2 Recipients may also claim reimbursement provided for under a federal program for salaries financed with revenue sharing. You asked whether a revenue sharing recipient government can claim reimbursement for the amount of revenue sharing funds used to finance salaries with regard to a federal program (such as HEW) in absence of matching requirements. It is our understanding that the concerned salaries are totally financed with revenue sharing funds. However, a portion of the employee's time is spent on various other federal programs in addition to the general revenue sharing program. Since revenue sharing funds are considered to be the recipient government's own funds, and since sec. 104 of the Revenue Sharing Act of 1972 has been repealed, we see no problem with a recipient government claiming reimbursement (provided for under a federal program) for salaries actually financed with revenue ' sharing funds. (ORS Letter Ruling 5117/79) gRevenue Sharing Advisory Service November 1981 Revenue Sharing Handbook— Second Edition L .. y i� 405:1 1405 Compliance With State And Local Law Recipient governments shall expend revenue sharing funds only in accordance with state and local laws and procedures that are applicable to the expenditure of their own revenues to the extent that those laws and procedures do not conflict with the revenue sharing act or regulations (31 C.F.R. §51.45). If a government does not have'the authority to spend its own funds for a particular activity, it may not spend revenue sharing funds for that purpose, even if that activity is permissible under the revenue sharing act. Revenue sharing funds may be transferred to a public or private secondary recipient for use by that secondary recipient in connection with a permissible expenditure under the revenue sharing act, but only if such transfers are allowable with respect to non - revenue sharing funds. For example, if state law prohibits local funds from being used to subsidize private business enterprises, revenue sharing funds may not be used for that purpose. If a recipient government has any doubt that it has authority to spend its own funds for an activity that is permissible under the revenue sharing act, it should request an opinion from its own legal counsel or from the state's attorney general. It is the responsibility of the recipient government to enforce its own local fiscal law. However, the fact that a recipient government had not, prior to receiving revenue sharing funds, expended its local revenues on certain programs, does not preclude expenditure of revenue sharing funds for such programs so long as there would be no violation of state and local law in so doing. In an action by the state treasurer to compel the governor to transfer to the state treasury all revenue sharing, funds received by him, the Supreme Court of West Virginia held that federal revenue sharing funds received by the state constitute monies received or collected on behalf of the state, which must under state statute be promptly deposited with the state treasurer rather than being deposited by the governor in any depository other than the state treasury. The governor had contended that he should not be required to relinquish complete control over the revenue sharing funds prior to provision for expenditure of such funds by the state legislature. Moore v. Kelly, 197 S. E. 2d 106 (W. Va.), cert. denied, 42 U.S.L.W. 3385 (January 7, 1975). In some cases, local governments can only spend their own revenues for programs explicitly permitted by state or local law. This limitation on the recipient's own revenues would govern the use of revenue sharing funds as well. . the state or a local government recipient of revenue sharing funds may transfer all or part of its funds to a secondary recipient, such as a special interest group. However, under §123(a)(4) of the revenue sharing act, any such transfer must be a legal use of the governnment's own source revenues. Therefore, the condition that must be met is that the Board [of Township Trustees] be able to legally transfer your government's own source revenues to the County Council on Aging. Since you state the authority of the Board of Township Trustees is expressly limited to that granted by statute under the laws of the State of Ohio, and since no statutory authority exists concerning donations or contributions by that body to any private, non - profit organization, it seems clear that the Board does not have the authority to transfer your government's own source revenues to the Council. Consequently, revenue sharing funds may not be used for this purpose. (ORS Letter Ruling 7/25/78) Revenue Sharing Advisory Service November 1981 Revenue Sharing Handbook — Second Edition i 415:1 ¶415 Prohibition Of Use For Lobbying Purposes The Act (sec. 123(e)) states that revenue sharing funds may not be used for lobbying or other activities intended to influence revenue sharing legislation or any provisions of the Act. Dues to national or state associations are exempt from this provision. The revenue sharing regulations (31 C.F.R. §51.43) provide that activities prohibited include but are not limited to: • personal solicitation of individual members of a legislative body to influence legislation regarding the revenue sharing program by personal interview, letter, financial contributions, and other means; • employment of a lobbyist to engage in proscribed activities. However, under the regulations, revenue sharing funds may be used to "attempt to influence public opinion or to convey opinions and judgments to the public regarding provisions of the Act, by publications, distribution of books, pamphlets and other writings." 'Revenue Sharing Advisory Service November 1981 Revenue Sharing Handbook — Second Edition c ti .. i ¶416 Restrictions On Debt Retirement With Revenue Sharing Funds 416:1 Under the original revenue sharing act, revenue sharing funds obligated to retire bonded indebtedness were restricted by several requirements. From January 1, 1972, through December 31, 1976, revenue sharing funds could be used to retire debt only if: • entitlement funds were not used to pay any interest incurred because of the debt; •. the debt was originally incurred for a priority expenditure; • the actual expenditure from the proceeds of the indebtedness (i.e. for materials, contractors, etc.) was made on or after January 1, 1972 (the beginning of the first entitlement period); and • the actual expenditure from the proceeds of the indebtedness were not in violation of any restrictions on the use of funds or the nondiscrimination provisions (Subparts D and E of the revenue sharing regulations). There were no restrictions on the use of revenue sharing for short -term debt, installment payments or interest costs which were part of lease payments. The 1976 amendments to the revenue sharing act eliminated many of these provisions, but the use of revenue sharing funds to retire bonded indebtedness after January 1, 1977, was still restricted, depending upon (1) when the proceeds of the debt were expended and (2) when the revenue sharing funds were obligated. Therefore, after January 1, 1977: ` • If the proceeds of the indebtedness were expended prior to January I, 1972, there were no restrictions on the use of revenue sharing funds for debt retirement. • If the proceeds of indebtedness were expended after January 1, 1972, and the debt was retired on or before December 31, 1976, then recipients were subject to the restrictions under the original_ revenue sharing act. • If the proceeds of indebtedness were expended after January I, 1972, and the debt was retired on or after January 1, 1977, then recipients were only subject to the restrictions on the use of funds and the nondiscrimination provisions. Also, after January 1, 1977, recipients could use revenue sharing funds to pay the interest in bonded indebtedness. According to the ORS Audit Guide, which was issued in December 1977, "interest on debt is a permissable expenditure without restriction." Final regulations, effective on October 30, 1981, clarified ORS' position that the restrictions on. the use of entitlement funds for debt retirement had been eliminated, except that the proceeds of the indebtedness must be spent in accordance with the requirements on the use of funds and the nondiscrimination provisions, which are contained in Subparts D and E of the revenue sharing regulations (31 C.F.R. §51.44). gRevenue Sharing Advisory Service November 1981 Revenue Sharing Handbook — Second Edition t� L I N, 435: 1 ¶435 Wage Rates Required For Recipient Government Employees If 25 percent or more of the wages of all government employees in similar public occupations are paid with revenue sharing funds, then a recipient government must pay the employees "wages which are not lower than the prevailing rates of pay for persons employed in similar public occupations by the same employer" (31 C.F.R. §51.42(c)). This provision of the revenue sharing act (sec. 123(a)(7)) would override any state or local statute governing the salaries of state or local government employees, under the Supremacy Clause of the U.S. Constitution. �4?venue Sharing Advisory Service November 1981 Revenue Sharing Handbook — Second E:i: cn 440:1 ¶440 Nondiscrimination Provisions—Generally Nondiscrimination requirements that may govern the use of revenue sharing funds stem from a number of sources. First, the revenue sharing act specifically prohibits discriminatory practices on the part of recipients of revenue sharing funds. Section 122(a) of the revenue sharing act now codified as 31 U.S.C. §1242 (Cum. Supp. 1981), provides that: No person in the United States shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a state government or unit of local government, which government or units receives (revenue sharing] funds The 1976 amendments to the law added new nondiscrimination requirements, by applying the "prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973" to any program or activity financed with revenue sharing funds. The 1976 amendments also applied to such program or activity "any prohibition against discrimination on the basis of religion, or any exemption from such prohibition, as provided in the Civil Rights Act of 1964 or Title VIII of ... Civil Rights Act of 1968." The 1976 amendments were effective January 1, 1977, for all funds obligated after that date (see ¶315). The handicap provisions have a separate effective date (see ¶448). The 1980 amendments to the f revenue sharing act did not change the nondiscrimination provisions. In addition, a number of other federal constitutional and statutory provisions and judicial decisions apply duties of nondiscriminatory conduct to states and localities ( ¶469). For example, the fourteenth amendment of the U.S. Constitution and federal laws implementing it prohibit states and localities from denying citizens the equal protection of the law. No state or locality may deny a person the equal protection of the law, just as it may not abridge freedom of speech, establish an official religion, arrest without probable cause or deny due process of law. The equal protection clause of the Constitution and implementing federal statutes are addressed primarily to racial discrimination. In 1972, Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e) was extended to cover discrimination in employment on the basis of race, creed, color, national origin or sex on the part of state and local governments, who were previously specifically exempt from that act. Public employment, whether or not it is financed with revenue sharing funds, is accordingly now subject to Title VII. Section 122 of the revenue sharing act was originally patterned on the nondiscrimination requirements and the fund termination authority and procedures of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Title VI generally reflects the policy that federal grants should not subsidize discriminatory conduct on the part of federal grantees, and it was enacted when federal grants were primarily categorical in nature. In this sense, the revenue sharing act does not add to existing substantive requirements of law. It rather reflects a public policy prohibiting the federal government from subsidizing programs that violate an array of civil rights laws having independent force. The special procedures for compliance under Title VI, on which the ®Revenue Sharing Advisory Service November 1981 Revenue Sharing Handbook— Second Edition 440:2 original revenue sharing nondiscrimination provision was modeled, are no longer relevant to the revenue sharing program as a result of the unique procedure under the 1976 amendments to the revenue sharing act. As a result of these 1976 amendments and other federal nondiscrimination laws, revenue sharing funds are now subject to a broad nondiscrimination policy affecting discrimination on the basis of race, color, national origin, sex, age, handicapped status and religion. The procedural provisions for assuring compliance with that policy are unique to revenue sharing. It should be noted, further, that injunctive and other relief is available to both the Attorney General and to private parties challenging discriminatory action by a grantee under laws that exist apart from the revenue sharing act. Procedures and sanctions under the Act are therefore not exclusive (see ¶469). On April 6, 1977, ORS published interim regulations revising and expanding former nondiscrimination regulations in order to implement 1976 amendments to sec. 122 of the revenue sharing act. On September 30, 1981, final regulations were published, which again expanded and revised the nondiscrimination provisions. These regulations may be found in Appendix II and are effective October 30, 1981. At that time, however, rules governing nondiscrimination on the basis of age were not included and the provisions regarding handicap -based discrimination were issued in interim form. Employment discrimination More attention is likely to be paid to the employment practices of recipients than to any other program or activity in regard to claims of discrimination. State and local governments are directly covered by Title VII of the Civil Rights Act of 1964, dealing with equal employment opportunity. A decision that a recipient has violated Title VII can imperil revenue sharing funds. Effect of other litigation or administrative action Under the 1976 amendments to the revenue sharing act, whenever a recipient state or local government has been found by a federal or state court or a federal administrative law judge, to have engaged in discriminatory conduct in any program or activity, the holding is conclusive on the issue of discrimination, and the recipient may be heard before ORS only on the issue of whether the program or activity was funded in whole or in part by entitlement funds. As stated below, the burden of showing that a program or activity has not been so funded is a heavy one (see ¶461). Age discrimination The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) prohibits "unreasonable discrimination on the basis or age in programs or activities receiving federal financial assistance," specifically including the revenue sharing program. The Secretary of the former Department of Health, Education and Welfare promulgated government -wide regulations to carry out the purposes of the Act as it applies to all federal assistance programs. Handicapped status discrimination Section 504 of, the Rehabilitation Act of 1973 (29 U.S.C. 794) provides that "no otherwise qualified handicapped individual ... shall, solely by reason of his handicap, be excluded from -eRevenue Sharing Advisory Service November 1981 Revenue Sharing Handbook— Second Edition 440:3 participation in, be denied the benefits of, or be subjected to discrimination under anv r ro p gam or activity receiving federal financial assistance." Under the Act (29 U.S.C. 706(6)), a handicapped individual is any person "who (a) has a physical or mental impairment which substantially limits one or more or such person's major life activities, (b) has a record of such impairment, or (c) is regarded as hal..ing such an impairment." The Act is now explicitly applicable to the revenue sharing program (see ¶448). Religious discrimination The 1976 amendments prohibit religious discrimination by recipients in any program or activity as provided under the Civil Rights Act of 1964 (42 U.S.C. 2000a -h) or Title VIII of the Civil Rights Act of 1968. The exemptions under such laws also apply for certain religious activities. The Civil Rights Act of 1964 prohibited discrimination or segregation in places of public accommodation, in public facilities and in employment. The statute's employment discrimination ban does not affect a religious corporation with respect to the employment of individuals of a particular religion (42 U.S.C. 2000e -1). Title VIII, the Fair Housing Law, exempts from its purview the sale, rental, or occupancy of dwellings owned or operated (for other than commercial purposes) by a religious organization, to persons of the same religion unless membership in such religion is restricted on account of race, color or national origin (42 U.S.C. 3607) (see ¶446). j Functions affected The 1972 revenue sharing act prohibited discrimination "under any program or activity funded in whole or in part" with entitlement funds. The 1976 amendments substantially revised this language to prohibit discrimination "under any program or activity of a state government or unit of local government, which government or unit receives" revenue sharing funds. It further provided that, unless the recipient government can show by "clear and convincing evidence" that the program or activity as to which an allegation of discrimination is made is not funded "in whole or in part," it is presumed that the program or activity has been funded by entitlement funds. Thus, the definitions of "program or activity" and "funded" are key in determining whether the revenue sharing nondiscrimination provisions apply. On April 6, 1977, ORS published interim regulations to implement the 1976 amendments. Those regulations contained the following definitions for the words "funded" and "program or activity ": 51.51(e) "funded" means funds have been made available for expenditure in a designated program or activity through legislative action. 51.51(i) "program or activity" means any function conducted by an agency or department of the recipient government which government has received or is receiving entitlement funds, or by any other unit of government or private contractor which has received or is receiving funds from the recipient government. Effective April 2, 1979, ORS amended its interim regulations and changed the definitions of the words "funded" and "program or activity." ORS eliminated the definition of "funded" CRevenue Sharing Advisory Service November 1981 Revenue Sharing Handbook — Second Edition 440:4 entirely and changed the definition of "program or activity" to read: 51.51(i) "program or activity" means the operations of the agency or organizational government receiving or substantially benefiting from entitlement funds, e.g., a unit a the department of corrections; health department. g a police department; In doing so ORS explained that several courts have required the federal government to enforce federal laws over an entire department of a recipient, not just "discrimination which may occur in the individually funded projects under the particular agency." In other words, ORS has jurisdiction over the entire department or agency in which the revenue sharing funds are spent, not just the program, project or subagency of that unit. On the other hand, ORS jurisdiction appears to be limited to the department in which the revenue sharing funds are spent or benefited, not the entire recipient government. No explanation was offered by ORS regarding the elimination of the reference to private contractors receiving funds from a recipient government. When is a particular program or activity funded with revenue sharing and when is it not? ORS regulations issued in 1973 had defined the phrase "funded" more narrowly as meaning the "entitlement funds in any amount have been transferred from the recipient government's trust fund to an identifiable administrative unit and disbursed in a program or activity" (emphasis supplied). The April 6, 1977, regulations expanded this definition. They provided that a program or activity would become subject to the nondiscrimination requirements of the revenue sharing act and the regulations at an earlier time when "funds have been made available for expenditure .. . through legislative action" even before there has been any actual disbursement or transfer of funds or report on the use of funds. In other words, when a recipient's governing body approved its revenue sharing budget, the designation of those funds for expenditure in particular programs or activities would determine when a project or program is "funded." The April 2, 1979, regulations, however, completely eliminated the definition of "funded," thus leaving a void. Moreover, those 1.979 regulations clouded the issue even more inasmuch as they used a new formulation that "a program or activity means the operations of the agency or organizational unit of the government receiving or substantially benefiting from financial assistance awarded" (emphasis added). The concept of receiving perhaps could easily be documented by vouchers, payrolls and other evidence in an audit of revenue sharing funds. The concept of "substantially benefiting" is less clear. ORS tried to clarify this issue in final regulations published in the September 30, 1981, Federal Register, by again adding a definition of "funded" and revising the term "program or activity." Under the final regulations, which became effective on October 30, 1981, the term "funded" and "program or activity" have been defined in the following manner. 51.1(8) "Funded" menas entitlement funds have been or are being made available for expenditure in or substantially benefited a program or activity of a recipient government or a secondary recipient. 51.1(k) "Program or activity" means the operations of the agency or organizational unit of a recipient government or the operations or organizational unit of 'a secondary recipient funded with entitlement funds (examples include, but are not limited to, a police department, department of _ corrections, health department, or a division of a public or private corporation). _ Revenue Sharing Advisory Service November 1981 Revenue Sharing Handbook— Second F,!;!?on 0 A AGENDA BILL NO. 5-3-7 DATE: 10/24/83 (11/2/83) DEPARTMENT: Community Development CITY OF SARATOGA Initial: Dept. Hd. C. Atty, C. Mgr. SDR -1508 and A -793, Martin Oudewaal, 14629 Big Basin Way, Appeal of Pi'arming SUBJECT: Commission Decision Denying Amendment /Extension to SDR -1508 & Modification to A -793 Issue Sunmary The applicant had requested an extension of the subject building site approval during the hearings at the Council level on the appeal of the Use Permit. Staff held the request until a decision was reached. With the modification to the Use Permit, not only was the extension required, but both the site approval and design review needed to first be amended. The Planning Commission denied the modifications and extension on a tie vote, after determining that their votes were discretionary. Recommendation: 1. Determine the merits of the appeal and approve or deny the extension for SDR -1508 and con- current modification of SDR -1508 and A -793. 2. Staff recommended approval of the extension and concurrent modification to SDR -1508 and A -793. Fiscal Impacts N/A Exhibits /Attachmnts 1. Appeal letter 2. Staff Reports for SDR -1508, A -793 & UP -531 3. Minutes dated 10/12/83 4. Exhibits 5. Correspondence received on project Council Action 11/2: Fanelli /Moyles moved to approve SDR 1508and extension as updated to.reflect use permit. Passed 3 -2 (Callon, Clevenger opposed). Fanelli /Moyles moved to approve A 793 as amended. Passed 3 -2 (Callon, Clevenger opposed). iiacu t:%ceivecl: - `' - Hearing Date: /- Fee CITY USE ONLY Grounds for the Appeal (Letter may be attached): The Planning Commission voted 3 -3 for this extension and modification, which then was a denial because of the tie vote. The application was identical to that approved by the'City Council on September 7, 1983 as Use Permit UP -531. Three members of the Commission agreed with the City Council decision and voted for the applications, while the three other members felt that they had to stay with their previous denial decision even though they knew of the City Council's approval of the Use Permit. Because of the previous approval by the City Council for this project as modified to three units and a lowered 'roof line I request approval of the SDK -1508 extension and modified design for A -793. (and amended SDR -1508) pe l l4nt/' s Signature Martin /J. Oudewaal *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE- DATE OF THE DECISION. i APPEAL APPLICATION Name of Appellant: Martin J. Oudewaal 'RECEIVED Address • 14375 Saratoga Avenue, Saratoga, Ca. 95070 C CU 20 i4� Telephone: 741 -1420 t�J;�iMUNITY DEVELOPMENT Name of Applicant. Martin J. Oudewaal Project File No.: Extension SDR -1508 and Modified A -793 and SDR -1508 Project Address: 14629 Big Basin Way, Saratoga, California Project Description: Three unit condominium Decision Being One ear extension of SDR -1508 and Modification Baled: y and SDR -App 1598 of A- 793 /denied at Planning Commission of October 12, 1983 (Consent Calendar) Grounds for the Appeal (Letter may be attached): The Planning Commission voted 3 -3 for this extension and modification, which then was a denial because of the tie vote. The application was identical to that approved by the'City Council on September 7, 1983 as Use Permit UP -531. Three members of the Commission agreed with the City Council decision and voted for the applications, while the three other members felt that they had to stay with their previous denial decision even though they knew of the City Council's approval of the Use Permit. Because of the previous approval by the City Council for this project as modified to three units and a lowered 'roof line I request approval of the SDK -1508 extension and modified design for A -793. (and amended SDR -1508) pe l l4nt/' s Signature Martin /J. Oudewaal *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE- DATE OF THE DECISION. r I TIEA7111 rGMA- 0.10 � REPORT TO PLANNING COMMISSION ** Amended (9/27/83) * Amended (10/28/81) DATE: 10 /22/81 Commission Meeting: 10/21/81 SUBJECT SDR -1508, Martin Oudewaal (Saratoga Real II) 14629 Big Basin Way __________ Tentative_ Building_ Site_ Ap2roval_ 1 lot___________'_______ ** (Commercial -3 Condominiums) ** REQUEST: Amendment to previously approved Tentative Building Site Approval to reflect 3 condominium units as approved by the City Council on appeal and request for a one - year extension. ** PROJECT DESCRIPTION & HISTORY: Please see UP -531, attached, for the basic data on this project. Other details of the project are described in the Design Review application A -793. The original Use Permit (UP -500) for 4 condominium units expired. The City Council, on appeal, granted UP -531 for 3 units on September 7, 1983. Staff has requested the applicant amend the site approval to conform to this approval prior to action on his request for a one year extension. ** PROJECT STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Sub- division Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents. Report to Planning Commission SDR -1508, Oudewaal and available fiscal and environmental resources. 10/22/81 Page 2 A Negative Declaration was prepared and filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project. Said determination date: June 8, 1981. ** The Staff Report recommends approval of the tentative map for SDR -1508 (Exhibit B filed September 23, 1983) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the sub- mission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final-approval;.sub- mission of engineered improvement plans for any street work; and compliance with applicable Health Department regu- lations and applicable Flood Control regulations and re- quirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site ap- proval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - ENGINEERING SERVICES A. Construct standard driveway approach. B. Provide adequate sight- distance and remove obstructions of view as required. C. Watercourses must be kept free of obstacles which will change, retard or prevent flow. D. Convey drainage water to street, storm sewer or water- course as approved by the Director of Community Development. E. Obtain encroachment permit from CAL TRANS for work done within State right of way. F. Install one (1) Big Basin Way style street light on Big Basin Way. G. Applicant shall, prior to Final Map Approval, submit grading and drainage plans to CAL TRANS for review and approval. III. Report to Planning Commission SDR -1508, Oudewaal 1 10/22/81 Page 3 H. Replace existing concrete curb, gutter, and sidewalk along Big Basin Way as directed by the Director of Community Development. I. All access ways to be a minimum of 18 ft. wide. J. All access ways, parking areas, and other quasi- public paved areas are to be surfaced using a minimum of 2z" A.C. on 6" aggregate base. K. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval L. Submit "Parcel Map" to City for Checking and Recordation (Pay required Checking & Recordation Fees). (If Parcel is shown on existing map of record, submit three.(3) to -scale prints). M. Obtain encroachment permit from Santa Clara Valley Water District. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES 1. Geotechnical investigation and report by licensed professional a. Geology b. Soils C. Foundation 2. Plans to be reviewed by geotechnical consultant prior to building permit being issued. 3. Prior to issuance of building permits detailed on -site improvement plans showing the following shall be sub- mitted to the Department of Community Development for review and approval: a. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities) b. Drainage details (conduit type, slope, outfall, location, etc.) C. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. Report to Planning Commission 10/22/81 SDR -1508, Oudewaal Page 4 d. Erosion control measures e. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer service is available to this project from Big Basin Way. B. The sewer within the complex must be a public one with the necessary grant of a sanitary sewer easement. C. Applicant's engineer shall submit a grading plan showing a suitable location for the sewer within the complex for district review and approval. D. Upon receipt of the grading plan necessary fees will be determined and paid to the district. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT 1. Install an automatic fire sprinkler system for the parking garage and storage rooms in accordance with NFPA pamphlet #13. 2. Provide a 1 hour self closing door for the Parking Garage level stairway. 3. Provide one portable fire extinguisher with a minimum UL rating of 2- A /10 -B:C for each level. The specific locaticn on each level will be designated by the Fire Chief. It is recommended that said ex- tinguishers be installed in break glass cabinets. 4. Provide a fire department hose connection for each level. Hose connections shall be supplied from the street main and controlled with an approved shutoff valve. The size and type of thread for the hose connection will be designated by the Fire Chief. The specific location for each hose connection will be designated by the Fire Chief. ** S. The entire building shall have an early warning smoke & heat detection system throughout. The signal is to be transmitted by a telephone dialer to the Fire.Station and to be designed so as to operate 24 hours on standby power. All plans to be approved by Fire Chief prior to issuance of building permit. 6. Provide emergency lighting.for hallways and stairways on each level as well as the Parking Garage. Said lighting shall be illuminated when power to the building is dis- connected. Report to Planning Commission 10/22/81 SDR -1508, Oudewaal Page 5 7. Fire places shall be maintained with spark arrestors constructed with heavy wire mesh or other non - combustible material with opening not to exceed one half inch (z'). 8. All electric gates shall be approved by the Fire Chief prior to installation. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Erosion protection of the bank shall be provided by the owner prior to issuance of Certificate of Occupancy. B. Right -of -way along creek to be dedicated as shown on map to Santa Clara Valley Water District and /or City of Saratoga. Owner shall contact the Real Estate Division regarding transfer of right -of- way. C. Owner shall accept all liability for the proposed concrete pad in the right -of -way. D. Incorporate site drainage into an existing storm drain system. Design any new outfall into the creek to serve the general area to minimize the number of future outfalls. Outfall structure details shall be submitted to the District for review and issuance of a permit to advertising for construction. E. Owner shall show any existing well(s) on the plans and inform the District of their proposed use. F. A fence at least 4a inches high shall be installed between the development and top of creek bank. Show details of any fencing in the improvement plans. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits individual structures shall be reviewed by the Permit Review Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportuni- ties on /in the subdivision /building site. Report to Planning commission 10/22/81 SDR -1508, Oudewaal Page 6 C. The applicant shall landscape all portions of the public right - of -way that are to remain unimproved. Landscaping and irrigation plans shall be submitted to the Permit Review Department for review and approval. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right - of -way improvements. D. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right - of -way. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowners association shall be responsible for maintaining the landscaped areas. E. All individual lot owners shall be required to become members of a homeowners association for the express purpose of maintaining all landscaped areas within the public right -of -way. The C.C. $ R's of the homeowners association shall be reviewed and approved by the Permit Review Department, prior to final approval. F. C.C. & R's shall state that the City has the right but not the duty to enforce the C.C. 8, R's. The C.C. & R's shall not be amended without written consent from the City of Saratoga. * G. A Geotechnical Investigation shall be conducted as described in the City Geologist's letter dated October 22, 1981. The results of the investigation shall be reviewed and approved by the City Engineer and City Geologist prior to issuance of a building permit. IX. COMMENTS - Tree removal prohibited unless in accord with applicable City Ordinances. Approved: MF:jd P.C. Agenda: 10/28/81 Michael Flores Assistant Planner *As amended 10/28/81 Planning Commission Meeting ME NRJ. ArAl I REPORT TO PLANNING COMMISSION *Revised 9/27/83 DATE: 10/21/81 Commission Meeting: 10/28/81 SUBJECT' A -793 Martin Oudewaal (Saratoga Real II) 14629 Big Basin Way ---------------------------------------------------------------------------- REQUEST: Design Review Approval for a 3 unit condominium structure ENVIRONMENTAL ASSESSMENT: A Negative Declaration for this project was prepared under UP -500. PUBLIC NOTICING: This project has been advertised already under UP -531. A public hearing is not required for this application. GENERAL PLAN DESIGNATION: Retail Commercial ZONING: "C -V" (Vistor- Commercial) SURROUNDING LAND USES: Multi - family residential to the north and east; commercial and residential to the south; single- family re- sidential to the west. SITE SIZE: 15,952 SITE SLOPE: 130± HEIGHT OF STRUCTURE: 20'; 26' to peak of "tower ". SETBACKS: Rear 83' Left Side: 10' Right Side: 10' Front 30' BUILDING SIZE: Garage Level /First Floor: 4,559 square feet Second Floor: 3,920 square feet SITE COVERAGE BY STRUCTURE: 35.6 %± REPORT TO PLANNING ANrISSION A -793 - Oudewaal l EXTERIOR FACADE: Materials: 10/21/81 Page 2 Plaster, used brick, and wood trim Color:. Off- white, red (earthtone), and dark brown ROOF MATERIALS: Wood Shake GRADING REQUIRED: Cut: 176 cu. yds. Fill: 0 cu. yds. STAFF ANALYSIS: Please see UP -531 for recent actions on the project attached. On August 12, 1981 the Planning Commission approved UP -500 (attached) which allowed the subject property to be occupied by condominiums. The issue of density and structure design were to be dealt with at Tentative Building Site Approval and Design Review. The issue of density is dealt, with in SDR -1508, also on this agenda. The design of the structure is the subject of this report. The elevations of the proposed structure are essentially the same as those presented to the Commission.. during the use permit hearing. The roof of the main portion of the structure a mansard roof with height measured to the highest point. The applicant considers the higher portion of the roof as a tower. Towers are allowed to be 25' higher (a Maximum of 45' in this case) than. normal zoning district limits per Section 14.9 of the Ordinance if not more than 100 of the ground area of the structure is covered by the towers. This allows the one tower to exceed the 20' limit. The proposed trash enclosure will be adequately screened by vegetation but details of the enclosure itself have not been submitted. A total of 6 parking spaces (4 covered & 2 uncovered) will be pro- vided on site. This complies with Ordinance requirements, but pro- vides no guest parking. RECOMMENDED ACTION: Approve per the revised Staff Report dated October 21, 1981 and Exhibits "B -1" and "C -1" subject to the following conditions: 1. Prior to issuance of building permits: A. Detailed grading and drainage plans shall be reviewed and approved by the Community Development Department. Only these approved plans shall be implemented during construction. B. Any modifications to the proposed Site Development Plan or elevations shall require Community Development Department review and approval. C. Detailed landscaping and irrigation plans illustrating how the privacy of adjacent properties will be protected shall be submitted for review and approval by the Community Development Department. REPORT TO THE PLANNING COMMISSION 10/21/81 A -793 - Oudewaal Page 3 D. Design details of the proposed trash enclosure and deck shall be submitted for review and approval by the Community Development Department. APPROVED: Kathy Kerdus Planner KK /bjc Attachment: Approved Staff Report - UP -531 P. C. Agenda 10/28/81 C. ( REPORT TO PLANNING COMMISSION *Revised: 9/7/83 DATE: 3/10/83 Commission Meeting: 3/23/83 SUBJECT: UP -531 - Martin Oudewaal, 14629 Big Basin Way * REQUEST: Use Permit Approval to construct three (3)condominium units in the C -V zoning district. OTHER APPROVALS REQUIRED: None. Design Review and Building Site Approval have been previously granted. PLANNING DATA: PARCEL SIZE: 15,952 sq.ft. GENERAL PLAN DESIGNATION: Retail Commercial ZONING: C -V NOTICE: Notice of this site has been mailed to property owners within 500',posted on site and advertised in the Saratoga News. CTTG nATA SURROUNDING LAND USES: Multi- family residential to the north and east; commercial and residential to the south; single family residential to the west. SITE SLOPE: 13% SLOPE AT BUILDING SITE: 3% NATURAL FEATURES & VEGETATION: Saratoga Creek runs through the northern end of the parcel. Large oaks and bay trees are located on the creek banks, which will not be affected by this proposal. As was recommended with design review, large box sized evergreen trees were to be added in front of the second story windows to protect privacy of adjacent properties to the west and east. These trees are not illustrated on the landscape plan submitted with this application, thus, staff recommends Condition #6. PROJECT CONSIDERATIONS: HISTORY: This project has previously received design review, building site and use permit approvals. However, the use permit was allowed to expire, so the appli- cants have reapplied. The plans have been modified from the originally approved • � J � l Report to Planning Commission 3/10/83 -UP -531 - Martin Oudewaal, Big Basin Way Page 2 use permit to comply with the plans later approved with design review. This involves the redesign of the parking area underneath the structure and removal of the "tower" at the rear of the structure and reducing the height of the "tower" at the front. GRADING REQUIRED: CUT: 900 Cu. Yds. FILL: None CUT DEPTH: 5 Ft. FILL DEPTH: None *SETBACKS: Front: 30' Right Side: 10' Left Side: 10' Rear: 83' *HEIGHT: 20' and 26' at tower. *SIZE OF STRUCTURE: Garage/First Floor: 4,559 sq. ft. (excluding decks) Second Floor: 3,920 sq. ft. COLORS & MATERIALS: The exterior of the structure would utilize brick, off -white plaster, and brown stained timber. Wood shakes would be used for the roof. REFUSE: Garbage will be contained behind a fenced and landscaped enclosure at the front of the property. LANDSCAPING & LIGHTING: The applicant has submitted a landscape plan which indicates various evergreen groundcover, shrubs and small, fast growing trees around the front and sides of the proposed structure. The rear portion of the lot will be left largely natural. SOLAR: Existing structures to the east and west are about 21' from the edge of the property. *Portions of the property to the east will be shaded by the proposed structure from 1:00 p.m. in the winter and.from 3.:00 p.m. in the summer. However, the orientation of the buildings to the east - indicates that they would be unable to adequately utilize solar energy even if the structure were not built. PRIVACY IMPACTS /RELATIONSHIP WITH ADJACENT STRUCTURES The structure would be about 13' higher (from flat portion of roof) than the existing single - family dwelling on the site and adjacent structures. The architectural style of the structure would be compatible with the Village and similar in height to other condominium projects approved by the Commission. The project may have an adverse impact on the privacy of adjacent properties due to second story window and balcony locations. These impacts can be mitigated by land- scaping and removal of the balconies. It is suggested that evergreen trees be used to protect privacy. *PARKING: The applicant proposes to have 4 covered and 2 uncovered parking spaces as was,approved with the design review. Six (6) spaces are required for the project and no guest spaces are provided. FINDINGS: I. The proposed location of the four condominium units is in accord with the objectives t 7 - Report to Planning Commi sr� .._. �' y _ 3/10/83 P 5'1 Martin Oudewaal, Big Basin Way Page 3 of the Zoning Ordinance and the purposes of the district in which the site is located. 2. The proposed location of the four condominiums 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 if the conditions under recommended action are complied with. 3. The proposed conditional use will comply with the General Plan but will not comply with each of the provisions of the ordinance in that 10' sideyards will be pro- vided where 18' is required. However, the Commission should approve these variations if the project is modified to reduce potential adverse impacts. *RECOMMENDATION: Approve per Staff Report dated 3/10/83 and Exhibits "B-2 & C -2" subject to the following conditions: A. Prior to issuance of building permits: I. Detailed grading and drainage plans shall be reviewed and approved by the Community Development Department. Only these approved plans shall be im- plemented during construction. 2. Any minor modifications to the proposed elevations shall require Community Development Department review and approval. 3. Design details of the proposed trash enclosure and deck shall be submitted for review and approval by the Community Development Department. 4. Prior to issuance of Building Permits, the Department of Transportation shall review grading and drainage plans for the site to evaluate the effect on State Highway drainage,coriditions. 5. Applicant shall comply with the Santa Clara Valley Water District in terms of required easements and the location of the proposed deck near the creek area. 6. The landscape plan shall be modified to include 24" box -size evergreen trees to be placed adjacent to the second story windows to mitigate privacy impacts. *7. App -1 i�a+�t Ala- �bm- iceo-#- P�r�r►a- ei�ia�- i�ion,- firheax= r.ea s#,ud_y ter}- �� ��.� '�a��- �- f-- �a- r�Ca�►g- �e� -#8:- Approved: ► �i Sharon Lester Planner SL /dsc P.C. Agenda: 3/23/83 -C CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, October 12, 1983 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Present: Commissioners Crowther, Hlava, McGoldrick, Nellis, Schaefer and Siegfried Absent: None Minutes Commissioner Hlava moved to waive the minutes of September 28, 1983 and approve as distributed. Commissioner Nellis seconded the motion, which was carried unanimously. CONSENT CALENDAR 7 The One -Year Extension for SDR -1508, M. Oudewaal (and concurrent modification of SDR -1508 and Design Review A -793) was removed for discussion. Commissioner Hlava moved to approve the remaining item listed below. Commissioner Crowther seconded the motion, which was carried unanimously 6 -0. 1. SDR -1486 - Tor Larsen, Pierce Road, Request for One -Year Extension Discussion followed on SDR -1508. Lynn Lindsey, of Pine Stone Condominiums, indicated that they are opposed to the project, and this opposition has been based on the intense coverage of the useable portion of the lot, massiveness of the structure, the fact that the geological report has never been updated, and an EIR is needed on the project. Discussion followed on the noticing of the project. Commissioner Siegfried commented that as a matter of course the Commission has granted these extensions. Staff noted that the amendment to the SDR and Design Review also need approval at this time for 3 units, as amended by the City Council. In answer to Commissioner Nellis, the City Attorney explained that if the Commission were to deny the extension, the applicant can make an appeal to the City Council. He reminded the Commission that they are dealing here with the SDR; the use permit was on appeal before the City Council and during the course of that proceeding the applicant revised the plan from 4 to 3 units. Commissioner Crowther commented that he had previously voted against this project and would have to vote against it at this time. He indicated that he thinks it is a much too intense use of the site and the setbacks are not adequate. Commissioner Nellis stated that he was not in favor of this project, but he feels that the City Council has made the decision. He added that they have the Commission's comments and have had an opportunity to hear the feeling of the residents on this matter, and he feels that the Commission would just be delaying the inevitable process. He explained that, even though he does not favor this, he will be voting in favor of it. Commissioner Siegfried agreed, stating that he feels the matter was reduced to a ministerial act. The City Attorney commented that it is ministerial in the sense that the Commission cannot impose new conditions now for an exten- sion to the SDR. He explained that the only reason this matter is before the Commission is that under the ordinances the time periods applicable to a site development are different from the time periods applicable to a use permit. He indicated that the Commission can vote to deny the extension but cannot impose new conditions. Commissioner Hlava stated that the major reason she had voted against the use permit was because she did not like the design. She asked how completely is the design of this project itself tied to the use permit. The City Attor- ney clarified that the use permit the City Council approved is based on this design. He added that the vote is also on the modification of the SDR to IRIK Planning Commission Meeting Minutes 10/12/83 SDR -1508 (cont.) Page 2 reflect the change in the structure from the use permit proceedings. Commissioner Crowther stated that he does not believe the matter would be before the Commission if it were a ministerial act, and he would like to give the City Council a chance to reconsider the matter. Warren Heid, architect, stated that this matter is academic because it is an extension of the tentative map. He explained the changes that had been made to the design, including the reduction of height and number of units. Chairman Schaefer stated that she did not believe this Planning Commission has ever assumed that when something is returned to them for review, that they are simply doing an academic vote. Therefore, she asked that everyone vote the way they feel is appropriate and fair on this matter. Commissioner McGoldrick stated that she does not feel that she can approve this, and since the applicant has an appeal before the City Council she would have to vote no on the matter. It was clarified that if this item were approved, it would be approving the design, in addition to the SDR. Commissioner Crowther moved to deny SDR -1508 as amended in the Staff Report dated September 27, 1983. Commissioner cGol ric seconded the motion. The recent creek damage to the site was discussed. Staff clarified that this would not change the geology report on the site, nor would it change the useable portion of the property. The vote was taken on the motion to deny the amendment to SDR - 1508. The motion failed 3 -3, with Commissioners Nellis, Siegfried and Scha__eT_er___J-1ssenting. Commissioner Crowther moved to deny the modification to the design and extension of SDR -1508, per the amendments in the Staff Report dated September 27, 1983. Commissioner McGoldrick seconded the motion, which failed 3 -3, with Commis- sioners Nellis, Schaefer, and Siegfried dissenting. Commissioner Siegfried moved to approve SDR -1508 as amended, the modification to the design review, and the extension of SDR -1508. Commissioner Nellis secon e tEl e motionic�faile 3 -3, with Commissioners McGoldrick, Crowther and Hlava dissenting. Commissioner Hlava stated that she is sorry for the applicant in this case because she realizes that this vote extends the time. However, since she voted against the project originally, she cannot vote for the design, with which she doesn't agree, or the extension. The 10 -day appeal period was noted. PUBLIC HEARINGS 3. GF -344 - City of Sar toga, Amendment of the Zoning Ordinance to allow second unit to occupy certain single family lots by obtaining a use oermit It was noted that this item will be continued to the Committee -of- the -Whole on October 18, 1983 and the re ular meeting of October 26, 1983. However, public testimony will be taken ton- ht. Chairman Schaefer noted some changes that were discussed: (1) accessory structures would be allowed in areas where a person had twice the amount o land as required in that zoning district, (2) whether the size of a unit is going to be 640 sq. ft. or 800 sq. ft. of living space, (3) that there wi 1 be a limit of two people living in a place regardless of their age, (4) any new additions would be reviewed by the appropriate fire district for sa y, (5) the building in which an attached unit would be is to be brought up o code, and (6) looking at potential for fines and legal fees if a use permi't, were not obtained and followed. The public hearing was opened at 7:241\p.m. Barbara Simner, President of the Leaguc��of Women Voters of Los Gatos- Saratoga, submitted a letter and read it into the\\Iecord regarding the ordinance. She stated that they support the following: (\1) zoning changes as long as the neighborhood character is preserved and any parking and traffic impacts are 2 - C C J , STONE PINE CONDOMINIUMS 14605 BIG BASIN WAY SARATOGA, CALIFORNIA 85070 October 12, 1983 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, Calif. -95070 Subject: SDR -1508 one (1) year extension M. Oudewaal Big Basin Way Dear Members of the Commission, As you know, the Stone Pine Condominiums Association has steadfastly oppossed the.Oudewaal project on Big Basin Way. Our opposition is based upon the following considerations: (1) Intense coverage of useable portion of lot. Coverage allowances should be scaled down to percentage of useable portion of land. (2) Massive unbroken design of the structure is incongruous with the surrounding properties and the country atmosphere of the Villages (as referenced in the General Plan). (3) The Geotechnical Report of October 2, 1981 was not updated to reflect damage to property and surrounding area of the past two (2) winters. (4) Failure of reconsideration of Negative Declara- tion by R. S. Robinson Jr. of June 8, 1981. The Association strongly requests an Environmental Impact Study with current requirements of the Energy Conservation Development Commission, such as Title 24 and Light and Air Act. (5) Prior approval of Site and Design Review was the result of procedure error. Property owners were not notified of the application despite personal knowledge to City and Applicant. STONE PINE CONDOMINIUMS 14605 BIG BASIN WAY SARATOGA, CALIFORNIA 95070 -2- The members of the Association request the project be removed from the consent calendar for a period of no longer than three (3) weeks for the: purpose of review of all Documents relating to this project by the association's legal council. The members of the Association sincerely hope the commission will agree to a postponement of the consideration of consent on this project. We trust thejcommission will give sincere and conscientious thought to our request.. Sincerely, L.S. Lindsey Secretary NO Y- B oscoe President STONE PINE CONDOMINIUMS 14605 BIG BASIN WAY SARATOGA, CALIFORNIA 85070 October 27, 1983 City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, Calif. 95070 SUBJECT: Appeal of Denial of Design Review SDR -1508 Oudewaal, Big Basin Way Dear Council Members, The above referenced project has once again been presented to you for a decision. The decision you make will have a long term affect on the Village of Saratoga. The issue of opposition to this project has been the design of the proposed structure and coverage of the lot. The time has come for you, the members of the City Council, to take a very hard look at the proposed design and to make a conscientious decision.. In the process of making that decision, the members of Stone Pine Condominium Homeowner Association once again urge you to take into consideration the following points: 1) The massive unbroken design of the proposed structure is imcompatible and incongruous with the surrounding properties and the country atmosphere of the Village (as referenced in the General Plan. 2) The coverage allowances have not been adjusted to a percentage of the usable portion of the lot in question. The result has been an intensive coverage of the lot. 3) There has been no formal update of the Geotechnical Report of October 2, 1981 to reflect the effect of two (2) winters to the property since the original report. STONE PINE CONDOMINIUMS 14605 BIG BASIN WAY SARATOGA, CALIFORNIA 95070 Page 2 4) There has been no reconsideration of the Negative Declaration by R.S. Robinson of June 8, 1981, An Environmental Impact Study with current requirements of the Energy Conservation Development Commission, such as Title 24 and the Light and Air Act should be undertaken. 5) The Planning Commission of the City has investigated the project and its impact to the surrounding properties and have unanimously advised against the approval of the design. The council is asked to protect the concerns of six (6) property owners and taxpayers against the pressures exerted by a real estate developer for the sole purpose of personal financial gain. The members of the Association urges the council to give thorough and conscientious thought to its decision on the request for approval of the design of the proposed project. We urge the Council to deny the appeal of SDR -1508. Sincerely, L.S. Lindsey Secretary 1� l A m'DA BILL NO. 5 DATE: 10 -24 -83 DDpAr<jMWr: Admin. Services gU7ECT: Saratoga Court CITY OI' slyzNroc Initial: Dept_ Hd. C. Atty.- C. Mgr. Issue Sumnary At their study session on October 11th the City Council directed Staff to proceed with the allocation of $50,000 in FY 1984 -85 HCDA monies to the Mid - Peninsula Coalition Housing Fund for the purpose of assisting in the acquisition and operation of Saratoga Court. Recc endation Adopt Resolution # allocating the sum of fifty thousand ($50,000) dollars of FY 1984 -85 HCDA funds to the Mid - Peninsula Coalition Housing Fund for the purpose of assisting in the acquisition of Saratoga Court, a 20 -unit, subsidized Senior Citizen Housing Development. Fiscal Imoacts This allocation will reduce by $50,000 the estimated $175,000 to be received by the City in HCDA funding during'FY 1984 -85. = xhibits /Attachments Resolution # Council Action _ 11/2: Clevenger /Mallory moved to adopt Resolution 2103. Passed 5 -0. P:,111A ACJAq EJEU Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA. 95070 Re: Saratoga Court American Association of University Women 20910 Canyon View Drive Saratoga, CA. 95070 October 19, 1983 Dear Mayor Mr. Moyles and Members of the City Council, The Board of Directors of the Los Gatos- Saratoga Branch of the American Association of University Women urges you to take the steps necessary to maintain Saratoga Court as a viable, low -cost housing facility for qualified persons. The California State Division of the AAUW has long supported "accessibility of housing for the elderly." We know from study and from the experiences of several of our members that as an established, functioning, low -cost, subsidized housing project,'Saratoga Court is filling a great need for some of our older residents. Further, there is an extensive waiting list of those who hope to live there. It would be a shame to let this opportunity slip away. We understand that the Mid Peninsula Housing Coalition, which would continue this program of low rents subsidized under Section 8 to qualified persons, has developed a financial program which meets the requirements of the sellers. However, $50,000 is needed from Saratoga to complete the project. We further understand that�by careful scheduling of qualified• projects, the City could use $50,000 of its Community Development Block Grant monies for this purpose. Housing, incidently, is the number one priority for the use of these funds. Therefore we urge you to commit the needed $50,000 to this project, making it available in the most useful fashion possible. LD Sincerely, Marjorie Foote President Los Gatos - Saratoga Branch American Association of University Women ` (get, Y h - o c i i 1983 f lztU6 � r � �S�'y 110,_ 4n Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 San- =o s A --- -� (D t C_6th (� 1,9_3'�j OCT 7 RE: SARATOGA COURT APARTMENTS- Cox Ave. It has come to our attention that you will be deciding the future status of Saratoga Court Apartments. We wish to advise you that these apart- ments have been serving a very vital need as HUD housing. We are acquainted with many of the present tenants and feel much concern that they may be forced.from their homes. The location is so suitable for them since they have access within walking distance to shopping and bus service. Please give this matter your CAREful consideration. Sincerely, CITY OF SARATOGA Initial: AGENDA BILL NO. 3 �% Dept. Hd. 11/2/83 DATE: C. Atty. DEPARTMENT: City Clerk C. Mgr. 5UBJ= Resolution Declaring Weeds Growing on Certain Described Property to be a Public Nuisance --------------------------------------------------------------------------------- - - - - -- Issue Summary The attached resolution represents the first step in Saratoga's annual weed abataTke_,nt program administered by the County Building Official. The County has determined that 283 parcels in Saratoga this year have excessive weed growth which is a fire hazard or otherwise noxious or dangerous. The Council should pass the resolution setting the date for a public hearing on weed abatement, December 7 this year. The County then sends the owners of the 283 parcels notices informing them that the weeds must be abated by the County if they do not abate them themselves; when County abatement will commence; and how they may present objections at the December 7 public hearing. The public hearing is noticed in the newspaper as well. After that public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place -next summer, when the County presents the Council with a list of properties whose abate- ment bil]s have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. These procedures are the same as those followed last year. Recommendation Adopt attached resolution. Fiscal Impacts None to City. County recovers its costs from administrative portion of fee charged. Exhibits /Attachments Resolution. List of parcels requiring weed abatement (available at City Clerk's office). Council Action 11/2: Fanelli /Mallory moved to adopt Resolution 2104. Passed 5 -0. RESOLUTION NO. • RESOLUTION DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE WHEREAS, weeds are growing in the City of Saratoga upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as fo l lows : 1. That weeds do now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by the County Building Official and attached hereto; 3. That it is ordered that Wednesday, the 7th day of December, 1983, at a public hearing during a regular meeting which will begin at 7:00 p.m., • in the Saratoga Civic Theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds shall be heard and given due consideration; 4. That the County Building Official is hereby designated as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Article II, Chapter 6 of the Saratoga Muni- cipal Code, and as the person to hereafter cause abatement of such seasonal and recurring nuisance. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of November, 1983, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor • J" i'. CITY OF SARATOGA A=A BILL NO. DATE: 11/2/83 ' W Initial: Dept. Hd. C. C. Mgr. SUBJECT: Resolution Declaring Weeds Growing on Certain Described Property to be a Public Nuisance Issue Summary The attached resolution represents the first step in Saratoga's annual weed abatement program administered by the County Building Official. The County has determined that 283 parcels in Saratoga this year have excessive weed growth which is a fire hazard or otherwise noxious or dangerous. The Council should pass the resolution setting the date for a public hearing on weed abatement, December 7 this year. The County then sends the owners of the 283 parcels notices informing them that the weeds must be abated by the County if they do not abate them themselves; when County abatement will commence; and how they may present objections at the December 7 public hearing. The public hearing is noticed in the newspaper as well. After that public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place next summer,-.when the County presents the Council with a list of properties whose abate - pment._bi.11s -have. not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. These procedures are the same as those followed last year. Recommendation apt attached resolution. Fiscal Impacts None to City. County recovers its costs from administrative portion of fee charged- Exhibits/Attachments Resolution. List of parcels requiring weed abatement (available at City Clerk's office). Council Action • i AGENDA BILL NO. 5-40 DATE: 10/28/83 DEPAFT,M=: Finance CITY OF SARATOGA Initial: Dept. Hd. C. Atty.. C. Mgr. SUB .7 : Business License Tax Ordinance Revisions Issue Summary The City's Business License Ordinance, first enacted in 1964, has not had a general fee revision since 1974 (the "cost -of- living index" has risen by more than 128% since then). In light of this, and the City's need for additional revenue, we are proposing that the fees be revised by adoption of the attached Ordinance. To mitigate the impact on small business' the new fees are tiered based .on the number of employeess. Additionally, those under, eighteen and over 65 who earn less than $500.00 are exempt from paying the license fee. To simplify the administration and enforcement of the ordinance the previous fee schedules have all been consolidated into one general schedule with the exception of Peddlers and- Solicitors. Also, provisions relating to proration were eliminated. . Recommendation To adopt the attached ordinance. Fiscal Impacts The new fee structure is expected to increase the annual collectionsin this area from around $36,000 to over $100,000. Exhibits /Attachments Ordinance No. (to be distributed when received from City Attorney) Council Action 11/2: Continued to public hearing 11/16. AGENDA BILL NO. s DATE: 10/28/83 D ARTIMU` T: Finance SUBJECT: ORDINANCE NO. Issue Summary CITY OF SARATOGA Initial: Dept. Hd. i C. Atty -------------------------- - - -C -- Mgr - -- -- - - - - -- ESTABLISHING A TRANSIENT OCCUPANCY TAX 71% of California Cities and 73% of cities within Santa Clara County maintain a Transient Occupancy Tax. State Revenue and Taxation Code 7280 allows General Law Cities the right to apply such a tax. Currently, 18 units at the Saratoga Motel and 40 potential units at the proposed Country Inn would fall under the provisions of this ordinance. Assuming an 8% tax and a 3/40 occupancy level, such an ordinance would generate $100,806 annually, based on a total of 58 units. Recommendation Adopt the attached ordinance adding Article VI to Chapter 14 of the Saratoga City Code, establishing a Transient Occupancy Tax.- • .. Fiscal Impacts Tie estimate the tax will generate over $100,000.00 annually once the new inn is operational. Exhibits /Attachments Ordinance No. Council Action 11/2: Continued to public hearing 11/16. 11/16: Mallory /Clevenger moved to read by title only, waiving further reading. Passed 4 -0. • Mallory /Clevenger moved to introduce. Passed 4 -0. Public hearing set for 12/7. 12/7: Clevenger /Moyles moved to continue public hearing to 1/4. Passed 4 -1 (Mallory opposed) 1/4: Fanelli/Moyles moved to continue public hearing to 1/18. Passed 5 -0. 1/18: Continued public hearing to 3%7. Passed.5 -0. 3/7: Fanelli /Moyles moved to table until after June election. Passed 5-0. /U 5/l1/83 ORDINANCE H0. AN ORDINANCE OF THE CITY OF SARATOGA ADDING • ARTICLE VI TO CHAPTER 14 OF THE SARATOGA CITY CODE, ESTABLISHING A TRANSIENT OCCUPANCY TAX The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Chapter 14 of the Saratoga City Code is hereby amended by the addition of Article VI to read as follows: Article VI. Transient Occupancy Tax Sec. 14 -60. Short Title and Adoption Authorit . This article shall be known as the "Uniform Transient Occupancy Tax Ordinance" of the City, and is adopted pursuant to the authorization contained in Chapter I, Part 1.7, of Division 2, commencing at Section 7280, of the Revenue and Taxation Code of the State of California. Sec. 14 -61. Definitions. Except where the context otherwise requires, the defini- tions given in this section govern the construction of this article. (a) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for .occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. (b) "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (c) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub- lessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his principal. Compliance with the • provisions of this article by either the principal or the -1- managing agent shall, however, be considered to be compliance by both. (d) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organiza- • tion, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. (e) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Tax administrator" means the director of finance of the City. (g) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less counting portions of calendar days as full days.. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired. In deter- mining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this article may be con- sidered. 9 Sec. 14 -62. Tax Imposed. For the privilege of occupancy in any hotel, each transieyit.is subject to and shall pay a tax in the amount of 8 ! percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. Sec. 14 -63. Exemptions. No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax • herein provided; -2- (b) Any officer or employee of the Federal or State Government, or any political subdivision thereof, when on official business; (c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except under a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Sec. 14 -64. Operator's Duties. Each operator shall collect the tax imposed by this article to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of rent charged, and each transient• shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. • Sec. 14 -65. Registration. Within thirty (30) days after the effective date of. the ordinance codified in this article, or within thirty (30) days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register the hotel with the tax administrator and obtain from him a "transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following: (1) The name of the operator; (2) The address of the hotel; (3) The date upon which the certificate was issued; (4) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance.by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax administra- tor. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in any unlawful manner, nor to operate a hotel • -3- without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a 'permit. "' Sec. 14 -66. Reporting and Remittinq. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administra- tor, on forms provided by him, of the total rents charged and received and the amount of tax collected: for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the.-return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the tax administrator. Sec. 14 -67. Penalties and Interest • (a) Original Delinctuency. Any operator who fails to remit any tax imposed by this article within the time required • shall pay a penalty of ten percent (10 %) of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to _remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance _first became delinquent shall pay a second delinquency penalty of ten percent . (10 %) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty -five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) of this section. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one -half (1/2) of one percent (1 %) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. -4- • • • • (e)' Penalties Merqed with Tax. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the tax herein required to be paid. Sec. 14 -68. Failure to Collect and R Determination of Tax by port T dmax -- ax Ainistrator. If any operator fails or refuses to collect the tax and to make, within the time provided in this article, any report and remittance of the tax or any portion thereof-required by this article, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this article and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this article. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may within ten (10) days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If the .application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such applica- tion is made, the tax administrator shall give not less than - -five (5) days' written notice in the manner prescribed herein to the operator to show cause at a time and placed fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such deter- mination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 14 -69. Sec. 14 -69. Appeal. Any operator aggrieved by any administrator with respect to the and penalties, if any, may appeal filing a notice of appeal with the -5- decision of the tax amount of such tax, interest to the City Council by City Clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address. The findings of the City Council shall be final and conclusiv • and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be . immediately due and payable upon the service of notice. Sec. 14 -70. Records. - It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collec- tion for the collection of and payment to the City, which records the tax administrator shall have the right to inspect at.all reasonable times. Sec. 14 -71. Refunds. (a) Whenever the amount of any tax, interest or penalty Pas been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this article, it may be refunded as provided in subsec- • 'tions (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three (3) years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may.claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid mor -e than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided by subsection (a) of this section, but only when the tax was paid by the transient directly to the tax administra- tor, or when the transient having paid the tax to the operator, establishes to the satisfaction of the tax administrator that • aM. the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. Sec. 14 -72. Actions to Collect. Any tax required to be paid by any transient under the provisions of this article shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed.a debt owed by the operator to the City. Any person owing money to the City under the provisions of this article shall be liable to an action brought in the name of the City for the recovery of such amount. Sec. 14 -73. Proceeds to General Fund. The proceeds derived from the transient occupancy tax shall be deposited in the City's general fund and shall be expended for general operating expenses incurred by the City. Sec. 14 -74. Violations; Misdemeanor. • Any operator or other person who violates any of the provisions of this article or who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as provided in this Code. ILI SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. -7- SECTION 3: This ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its • passage and adoption. • L� F3 The above and foregoing ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this day of 1983, by the following vote: ' AYES: J NOES: ABSENT: ATTEST: City Clerk Mayor f �'. CITY OF SARATOGA AGENDA BILL NO. 5 Y o2i Initial: Dept. Hd. DATE: 10/26/83 C. Atty. -� DEPT: City Clerk C. Mgr. -------------------------------------------------------------------- - - - - -- I- --- - - - - -- SUBJECT. Possible Change of Election Date Issue Summary In considering changing the date of the municipal election from June of even - numbered years, the Council has several options which are explained in detail in the attached memo. In addition, Charles Robbins of the Good Government Group has pointed out to me that it would in fact-be possible to change to November of odd- numbered years if one election were held in June 1984 and another in November 1985. This schedule would shorten Councilmembers' terms by seven months, which is permissible under current law. It would consolidate local issues (school board and municipal) at one election, probably concentrating citizens' attention and media coverage on local issues. However, an election on this schedule would be more costly than elections consolidated with statewide elections - -up to 85� per registered voter as opposed to 8� per registered voter in the June 1982 election. Moreover, voter turnout.in school.board elections--has -been quite low (about 17% in the November 1981 Saratoga Union School District — election-) -, so- turnout' for a municipal election consolidated with the school board election could be expected to be about the same as for the April elections of previous years - -about 50% in April 1980. Schedule with respect to the budget would be desirable from the staff's viewpoint in any November election. Recommendation Adopt attached ordinance setting date of election in November of even - numbered years. Fiscal Impacts Recommended option has no impact except one -time notification cost of up to $2500. Exhibits /Attachments Ordinance Staff Report dated 10/7/83 Letter from Good Government Group Council Action 11/2: Mallory / Moyles moved to read. ordinance. Failed 2 -3 (Callon, Clevenger, Fanelli opposed). Callon /Clevenger moved not to move election date to Nov. 84. Passed 3 -1 -1 (Mallory opposed, Moyles abstaining). ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA CONSOLIDATING THE GENERAL MUNICIpAL ELECTIONS OF THE CITY OF SARATOGA WITH THE GENERAL, ELECTION IN NOVEMBER 1984 AND IN NOVEMBER OF EACH EVEN- NUMBERED YEAR THEREAFTER The City Council of the City of Saratoga does hereby ordain as follows: Section 1. Intent. It is the intent of this ordinance to achieve a more efficient schedule with respect to adoption of the City budget and greater voter participation through consolidation with the Statewide general election. This ordinance is adopted pursuant to the provisions of California Government Code Section 36503.5. Section 2. Repeal of Previous Ordinance. Ordinance 67 consolidating the general municipal elections of the City of Saratoga with the June Statewide primary elections is hereby repealed. Section 3. Consolidation. The general municipal elections of the City of Saratoga shall be consolidated with the Statewide general election in November of 1984 and in November of each even - numbered year thereafter. Section 4. Approval by Board of Supervisors of Santa Clara County The City Clerk is directed to transmit a copy of this ordinance, upon its adoption, to the Board of Supervisors of Santa Clara County for their approval. Section 5. Notice to Registered Voters' The City Clerk is directed, within thirty (30) days of approval by the Santa Clara County Board of Supervisors, to cause a notice to be mailed to all registered voters informing the voters of the change in the date of the general municipal election, and that as a result of the change in the date of the general municipal election, elected City officeholders'terms in office will be extended by five months. The above and foregoing ordinance was regularly introduced and after the waiting period required by law was adopted at a regular meeting of the City Council of the City of Saratoga held on the day of by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor F g t r z'3�@�§�j5§ S rs%z •s rc�e �6E� r g W . Qq s �� W p¢ �z € Ia i@ i `s iaf IEtta gis, x W, REPORT TO MAYOR AND CITY COUNCIL DATE :10 /7/83 COUNCIL MEETING: 10/11/83 SUBJECT: Possible Change in Election Dates It is my understanding that the City Council wishes to consider changing.the.date of the Saratoga municipal election. State laws have changed somewhat since the last election in June 1982, so this memo differs from my memo to you on the same subject dated November 24, 1981. The Council has three options: return to our previous election date, April of even - numbered years; consolidate with the Statewide primary election in June of even - numbered years, which is our current procedure; or consolidate with the Statewide general election in November of even - numbered years. The law also makes it possible to consolidate with the school district elections in November of odd - numbered years, but in Saratoga's case that would lengthen two terms by 17 months. This is now illegal because the law prohibits lengthening or shortening terms by more than 10 months; that option will therefore not be considered in this report. Below is a chart listing the advantages and disadvantages of each option. Election Effect on Date Terms Advantages Disadvantages I. 4/84 All terms More attention for local Very high cost of election. shortened candidates. Cost of voter notification. by 2 mos. Nominations in early spring. Poor schedule with respect Non - partisan ballot. to budget. Lower voter turnout. II. 6/84 No effect. Low cost. Higher voter turnout. Nominations in spring. III. 11/84 All terms Lowest cost. emtended Highest voter turnout. by 5 mos. Good schedule with respect to budget. Non - partisan ballot. Long ballot. Partisan ballot. Poor schedule with respect to budget. Least attention for local candidates. Possible politicization. Cost of voter notification. Less attention for local candidates. Nominations in summer. I. Detailed Discussion of Setting Election in April of Even - numbered Years An election on April 3 would involve no candidates for Saratogans to vote on other than the local local candidates. The local press would presumably give Saratoga candidates and issues more coverage at this time than at any other. Since the nomination period would take place in early spring, there would be little likelihood of candidates being out of the area during the nomination period. The ballot would be non - partisan, which would avoid any flavor of paritisanship or politicization. On the negative side, this type of election has been very costly and would be even more costly now because most cities in the County have consolidated with Statewide elections, leaving few with which we could consolidate to lower cost. Cost of such an election was estimated at $16,000 in 1980. An additional cost of perhaps $2500 would result from the need to notify the voters of the change in election date. Moreover, this schedule results in a recently elected Council's adopting the new budget, which is probably an undesirable predicament. Based on past trends, this option would also result in the lowest voter turnout of the three options being considered; turnout at the last such election in April of 1980 was 49.7 %. II. Detailed Discussion of Keeping Election in June of Even - Numbered Years An election on June 5 would involve the longest ballot of any of the three options (up to 40 pages long), and it would be a partisan ballot. The cost of such an election would be relatively low, perhaps $1800. Voter participation should be somewhat better than in an April election; turnout of Saratoga voters for the last such election in June of 1982 was 58.1 %. This date results in the poorest schedule with respect to the budget, since the new Council would be elected just before the budget is adopted. With candidates from all political parties vying for attention, the local candidates probably receive the least press coverage at this time. The nomination period would be in spring. III. Detailed Discussion of Setting Election in November of Even - Numbered Years An election on November 6 would involve a fairly long ballot, but it would not be a partisan ballot. The cost would be comparable to that of a June election. Voter participation could be expected to be highest of any of the three options. According to the Registrar of Voters, County voters in general turned out at the rate of 66.9% at the last such election, and Saratoga voters traditionally vote at a rate several percentage points above the County. This date also results in the most favorable schedule with respect to the budget; the new Council would be elected several months after the adoption of the budget. Local candidates would have some competition for press coverage at this time, and there may be felt to be some pressure toward politic- ization. The nomination period would be for 32 weeks in late July and early August, when some residents are out of the area. The cost of voter notification of change in _ the election date would also need to be considered. Procedure -- - In order to change the date of the election, the City must pass an ordinance repealing the last ordinance dealing with election dates and setting the new date. The ordinance becomes operative upon approval by the Board of Supervisors. (The - Supervisors favor consolidation, because they lower the County's.costs as well as_cities�. costs). Within 30 days of the ordinance's becoming operative, the registered voters are sent notification of the change in dates. Recommendation Considering the probability of highest voter participation, low cost, and favorable schedule with respect to the City budget, adopt attached ordinance setting date of election in November of even - numbered years. TEE GOOD GOVERNMENT GROUP of Saratoga, California, Inc. P. O. Box 371 Saratoga, California 95070 October 27, 1983 Saratoga City Council City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Res City Council Election Date Dear Council Members, The Board of Directors of the Good Government Group feel strongly that the Council elections should remain with the Primary in June of even numbered years and should not be changed to the November General Election. This was the unanimous vote of the Board at its meeting on October 25. We feel that the Council election would receive substantially less attention from the voters if it were moved to the time of a General Election. Council candidates would tend to get lost in the shuffle surrounding the.presidential and other elections taking place in November. Voter attention is far more concentrated toward state and national issues in the General Election than in the Primary Election. A corollary issue has to do with fund raising for the campaigns. It would be much easier for Council candidates to raise appropriate campaign funds for a June election than for a November election. Although there is some difficulty with newly elected Council members dealing with the City budget, we feel this is less important than the loss of voter attention resulting from a change to November of even years. Greater effort by the City to educate all candidates about the budget could reduce this problem. The Board also discussed but did not seriously consider a possible change of election dates to November of odd numbered years to coincide with local school board elections. This could be done by holding the election as scheduled in June 1984 but then scheduling future elections for November of 1985, 1987, etc. It would require shortening some terms of office by seven months. The cost of elections to the City would be substantially more for the odd year November time as compared with hither the Primary or General Election dates. Sincerely, 0/" 90 Charles H. Robbins, President Good Government Group Saratogans in action since 1957. CITY OF SARATOGA Initial: AGENDA BILL NO. 543 Dept. Hd. DATE: October 24, 1983 (Novembe.r 2, 1983) C. Atty. DEPARTMENT: C. Mgr. UP -543, Amiee Chambre (Crocker Bank), 14417 Big Basin Way, Appeal by the Saratoga SUBJECT: Village Assoc. of Planning Commission Approval of UP -543, Appeal by Crocker Bank Issue Summary - The applicant requested Use Permit Approval for a banking facility on Big Basin Way. The Use Permit was approved by the Planning Commission, subject to a condition requiring participation in the formation of a Parking Assessment District. The Saratoga Village Association is appealing the Use Permit approval, citing General Plan and Zoning Ordinance Objectives and suggesting a retail use as more appropriate at this location. Crocker Bank is appealing Condition #3 which requires Parking District participation and has indicated concern with the unspecified cost to the property owner and the resulting delay to their pro- ject. Recommendation 1. Conduct public hearings simultaneously. 2.' Determine Appeal #1. 3. Depending on outcome of Appeal #1, determine Appeal #2. 4. Staff had recommended denial of the use permit. Fiscal Impacts N/A Exhibits /Attachments 1. Appeal letters 2. Staff Report for UP -531 and Resolution UP- 543 -1 3. Minutes dated 9/28/83 4. Exhibit "B" 5. Correspondence received on project Council Action 11/2: Moylea /Callon moved to sustain Village Assoc. appeal. Passed 3 -1 -1 (Fanelli opposed, Clevenger abstaining). Note: Crocker Bank appeal thus becomes moot. Name of Appellant: Address: Telephone: RECEIVED OCT 07198? CO- MMUNITY DEVELOPMENT APPEAL APPLICATION Date Received: Hearing Date: _ ? Fee 0?�0 CITY USE ONLY Saratoga Village Association Donald F. Eagleston . President P.O. BOX 725 Saratoga, CA 95071 867 -0358 Name of Applicant: Amice Chambre(crocker bank) 14417 Big Basin Way Project File No.: UP -543 Project Address: 14417 Big Basin Way Project Description: Crocker Bank ( Use permit approval for a financial institution located in a C -C zoning Decision Being Appealed: Approval of conditional use permit Grounds for the Appeal (Letter may be attached): See Attached letter Appellant's Sig ture *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. LSara"nW14eA7oaarjon PQ Box 725 Saral4a,CA. 95071 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 RECiIV/ D OCT 0 7198; GO.'JMJNITY DE'iELOPMENT Ground for Appeal Subjects UP -543, Amice Chambre(Crocker Bank) 14417 Big Basil Below are several sets of criteria supporting our appeal to the use permit approval for a branch banking facility located in a C -C zoning district. A retail business at the above location is essential to the success and progress of the Village Plan. An over- _ saturation of any business in any area will prove to be detrimental to the economic success of the Village, and the City of Saratoga. The City of Saratoga has established guidelines specifically designed to protect the Village and the City of Saratoga from being over- saturated, especially by banking institutions and real estate offices. I quote from Resolution no. 430.2, Resolution of the City Council of Saratoga, Adopting the General Plan. Chapter 2; Land Use:Element LU.7.0 Promote the long -term economic soundness of the City government through careful analysis of land use decisions and fiscal practices. LU.7.1 The City shall consider the economic impacts of all land use decisions on the City. Chapter 4; Area Plans Area J- The Village ..... 4 -29 to 4 -32 Area J- Guidelines _For Area Development Item #8• Encourage commercial uses that generate sales tax revenue in the Village. Saratoga Village Association would also like to direct your attention to the zoning regulations from the Code of Saratoga, California. Ordanance no. NS -3, Article 1 In General. Section 1.1 Objectives of the Zoning Ordinance. The zoning ordanance is adopted to protect and promote...prosperity and general welfare. reason for appeal (cont.) Section 1.1 d. To ensure public and private lands are ultimately used for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole. Article 7. C Commercial Districts Section 7.1 Purposes. In addition to the objectives prescribed in section 1.1, the C commercial districts are included in the zoning ordinance to achieve the following purposes: a. To provide appropriately located areas for retail stores, offices and services required by the residents of the city. Section 7.2 Permitted uses in C -C Community Commercial District. 1) All uses permitted in the C -N district, except real estate offices and financial institutions. Section 7.3 Conditional uses b. in C -C Community Commercial District Real estate offices and financial institutions as a conditional use, subject to the provisions of article 16 of the zoning regulations. Section 16.1 Conditional uses require special consideration so they may be located properly with respect to the objectives of the zoning ordinance and with their effects on surrounding properties. Parking and circulation should also be considered. The traffic flow of financial is greatly increased at noon time and especially of the afternoons of thursday and friday. Bank are generally accessed by automobile. Retail use is more in keeping with the desired pedestrian scale of the Village and could have have additional benefits for the community and the surrounding stores. A retail use would be consistent with promoting the Village as a commercial district which helps secure the welfare of the community by providing essential retail establishments and by generating essential sales tax revenue. There are currently two financial institutions close to and on the same side of the street as the subject site. The allowing of a financial institution at this location is not mutually beneficial to adjoining retail stores or to the community. It will also concentrate too many banks in one small area- Sincerely, Donald F. Eagleston President, Saratoga Village Assoc. M The following are recommended uses for the area which would be beneficial to the area and the communityi Artist supply store Exercise and fitness studio Furniture store Hobby shop Household appliance store Leather good store Luggage store Locksmith Musical instrument store Office and bisiness machine store Paint and wallpaper store Camera store Printer Sporting good store Stamp and coin store Variety store Watch repair and Clock shop Dance studio Music 'tudio Television store Bookstore Fine China and Glassware store Fur shop Photography studio RECEIVED OCT 0 71983 c0;�JVU NIT Y DEVELOPh9ENT APPEAL APPLICATION Date Received: 0" Hearing Date: Fee CITY USE ONLY Name of Appellant: Address: S`�S M ° C I 1Q'` FL; Telephone: 477- GJ 4 -3:3 Name of Applicant: 5A Project File No.: 134-�j Project Address: 14-4+7 AsjH u1,4 Cpl G� Project Description: l)P"L, LE EX f S T I 15, � F� Decision Being Appealed: COMP DIM 8117iCdf-D 10 USE f?:-:'P M t 1" - �'�'c.i Cr�TI Ui� (�,�}(2 � t f� � r) I S-I La L,-- i Grounds for the Appeal (Letter may be attached): * T Appellant's S gnature *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. r I.. I ` (GA, e Crocker Bank RECEi VED O G T O r 1083 COMMUNITY DEVELOPMENT October 7, 1983 City of Saratoga City Council Saratoga, Ca 95070 Council Members: Re: 10.7.83 UP -543 Crocker Bank is requesting that the City Council of Saratoga approve our appeal of the third condition attached to our use permit granted by the Planning Commission. Specifically, this condition requires our landlord, Amice Chambre, to "enter into a recorded agreement with the City of Saratoga to participate in the formation of a parking assessment district with parking to be provided at the ratio of one parking space per 300 sq. ft. of gross floor area. It is our belief at Crocker Bank that this condition puts undue hardship on both us and the landlord for the following reasons: 1. Preliminary discussions with the staff at the Planning Department prior to our submittal for the use permit did at no time mention the possibility of the parking assessment district as a related issue to this use permit. 2. Crocker Bank first heard of this condition on September 27, 1983, one day before the presentation of this matter before the Planning Commission. This short notice did not give us or the landlord enough time to investigate and discuss this issue. Crocker National Bank Clocker Properties Department 595 Marker Street, 14th Floor San Francisco, CA 94105 The Crocker Bank Page 2 October 7, 1983 3. Subsequent conversation with Crocker Bank and members of the Planning Department after the granting of our use permit, brought out the fact that not enough information concerning parking district is known currently by the Planning Department to even present the owner with potential costs and time frames associated with this issue. 4. The Planning Department has stated to Crocker Bank that the only way we could proceed with our project (gaining a building permit) was to have our landlord sign a document with the City of Saratoga, which basically leaves this agreement completely open -ended for costs incurred to the owner. Both the landlord and Crocker Bank feel that this is an unreasonable request on the part of the City. 5. Waiting for the Planning Department to complete all the studies necessary to provide adequate information concerning the financial obligations to the owner in this matter will substantially delay our ability to plan and open our facility in Saratoga. Moreover, Crocker Bank and the property owner in this matter have a lease agreement which brings on forthright governmental approval. This "Catch 22" situation has caused a situation where we are currently paying rent for this space without the clear understanding that we in fact may construct a branch facility in this location. The landlord, on the other hand, may lose her lease with Crocker Bank if governmental approval is not feasible. our suggestion in this matter would be the following: 1. Applicant will agree to Conditions Cne and Two, i.e., we will provide evidence to the Planning Department showing the availability of 11 parking spaces for Crocker Bank use and we will also agree to design review approval. 2. The third condition for the use permit be waived for the Crocker Bank use permit and presented at a later time to the landowner when the Planning Department is prepared to present the issue in a tangible fashion. Thank you, 12 d ,n Z.. CYI Michael C. Smith, AIA Arch /Sr. Project Manager MCS /mp cc: Amice Chambre Project File CP #12133 REPORT TO PLANNING COMMISSION C�'Y �s �a►7toga ixF ?;sJVED DA. E: �vZ-�� DATE: 9/23/83 Commission Meeting: 9/28/83 SUBJECT UP -543, Amiee Chambre (Crocker Bank) 14417 Big Basin Way ---------------------------------------------------------------------- - - - - -- REQUEST: Use Permit approval for a branch banking facility located in a C -C zoning district. OTHER APPROVALS REQUIRED: Design Review Approval is required by a condition of approval for this application. PLANNING DATA: PARCEL SIZE: 1.51 acres GENERAL PLAN DESIGNATION: Retail Commercial ZONING: C -C SITE DATA! SURROUNDING LAND USES: Commercial SITE SLOPE: level SIZE OF STRUCTURE: 2,157 square feet PROJECT CONSIDERATIONS HISTORY: The subject site was previously occupied by Imperial Savings and Loan which received Use Permit approval on November 17, 1981 to relocate at 20473 Saratoga -Los Gatos Road. During the Public Hearings on the Imperial Savings application several Planning Commission and City Council members were con- cerned about losing sales tax revenue by allowing expansion of banking facilities. Staff noted that a benefit to approving the relocation of Imperial Savings was the potential use of the vacated site for retail use in the Village. Report to the PlanniAO) Commission 9/23/83 UP -543, Amice Chambre Page 2 DESIGN REVIEW: The applicant is proposing a slight modification to the doorway fronting Big Basin Way, which does not require Design Review. Other- wise, no modification to the size or exterior is proposed. Staff is recommending formal Design Review as a condition of approval in order to assess signs, parking, ingress /egress and potential landscaping which will require additional information from the owner of the subject site. PARKING AND CIRCULATION The parking requirement for banking use is 1 space /200 sq. ft. of gross floor area, resulting in 11 spaces required for the 2,157 sq. ft. floor area proposed. The applicant is entitled, through a leasing agreement, to use a large common parking lot located on the site in back of the building. Staff is requesting additional information for design review on the number of parking spaces available and the number of legal users of this parking lot. Because there is insufficient information to assess parking at this time, the applicant will be required to submit evidence of parking availability prior to issuance of building permits. APPROPRIATE USE There are currently two other Savings and Loans close to and on the same side of the street as the subject site. There is also a depart- ment store and bar adjacent to the site and a drug store and hardware store close by. Staff suggests that a retail use is better suited for this site for several reasons: 1) Banks are generally accessed by automobile. Retail use is more in keeping with the pedestrian scale of The Village and could have additional benefit for adjacent stores. 2) Retail use of the site is consistent with promoting The Village as a viable commercial district which helps secure the welfare of the community by generated essential sales tax revenues. 3) There would be too great a concentration of banking facilities in this area with an additional banking use. FINDINGS 1) Consistency with Zoninq Ordinance Objectives The establishment of a bank facility at this location will not be mutually beneficial to adjoining retail stores, as it will concentrate too many banking facilities in this area. Additionally it is not expected to generate the foot traffic which might benefit adjoining stores and reinforce the attractive pedestrian scale of The Village. Report to the Planning Commission 9/23/83 UP -543, Amice Chambre Page 3 2) Public Health, Safety and Welfare The proposed use will not be detrimental to the public health, safety or welfare, as there are no changes proposed to the building and the hours of operation are reasonable. 3) Compliance with Ordinance Provision The proposed use complies with other provisions of the zoning ordinance and as a condition -of approval the proposal must-comply with parking standards prior to issuance of the building permits. RECOMMENDATION: Staff recommends denial having been unable to make finding #1. If the Commission wishes to approve this application they must make the appropriate findings and staff would recommend the following conditions. Prior to issuance of Building Permits 1) The applicant shall submit evidence that there is sufficient parking available on site for the proposed use. 2) Design Review approval is required. For this review the appicant shall submit signage and a site plan indicating parking, ingress/ egress to the common lot and the location, type of use and square footage of all tenant space on the site. 3) The owner of the subject property shall enter into a recorded agreement with the City of Saratoga to participate in the forma- tion of a parking assessment district with parking to be provided at the ratio of one parking space per 380 sq. ft. of gross floor area. APPROVED Li d Lauz Planner LL /bjc P.C. Agenda 9/28/83 1 ............. �� �Sdmmm - -- 7�J(RXXX�� /1 USE PERMIT ' RESOLUTION NO. UP -S43 -1 FILE- "NO'.: UP -543 i CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received the application of MS. CHABRE (CROCKER BANK) for a Use Permit for a banking facility in a C -C zoning district at 14417 Big >- Bas.in Way; and WHEREAS, the applicant (has) (hc� X=g) met the burdenjof�.proof required to support his said application; NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for.the Use Permit be, and the same is hereby (granted) (d=kooi) subject to the following conditions: Per the conditions in the Staff Report dated September 231 1983. BE IT FURTHER RESOLVED that (the Report of Findings attached hereto be approved and adopted) MAXaOCtXICDX=t n *NXXzKkkX9JXXWC�X79M* =XftX C , and the Secretary be, and is s .• hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 28th day of September 19 83 by the following roll call vote: AYES: Commissioners Crowther, Schaefer and Siegfried NOES: Commissioners McGoldrick and Nellis ABSENT: None ABSTAIN: Commissioner Hlava ATTES _6,6C, Secretary, a—n—n—1 —n.--C o m m 1 s i son C airman�'4lanning Comission File No. UP -543 r r A T TI r A T el CI . 1. Consistency with Zoning Ordinance Obiectives Banking use at the proposed location is consistent with Zoning Ordinance objectives as the historic use of this site has been for banking activities. 2. Public Health, Safety and Welfare The proposed use will not be detrimental to the public health, safety or welfare, as there are no changes proposed to the building and the hours of operation are reasonable. 3. Compliance with Ordinance Provisions The proposed use complies with other provisions of the Zoning Ordinance and as a condition of approval the proposal must comply with parking standards prior to issuance of the building permits. Planning Commission Page 8 Meeting Minutes 9/28/33 A -911 (coat.) settlement of the carport situation. The public hearing was opened at 10:44 p.m. The applicant explained hat he thought he had a large sized lot and did not understand the requireme is ;therefore, he went ahead with the project. He stated that he wanted to rrect whatever problems that exist, and his first preference is to straighte out the lot line. He agreed to a condition regarding the bond, to enab e him to build before the rains. The Citv Attorney suggested t e condition "The applicant shall submit a cash bond or a letter of credit in n amount equal to the estimated cost to remove the carport in the event a variance is not obtained or is not required by reason of lot line adjust men ts,\ nd the carport is not removed within a reasonable period of time." Commissioner McGoldrick moved to ose the public hearing. Commissioner Hlava seconded the motion, which -s carried unanimously. Commissioner Siegfried moved to app�pve A -911 per the Staff Report dated September 21, 1983 and Exhibits "B ", \ C" and "D ", with Condition 2 amended to indicate that the applicant post a bond judged appropriate to take care of the costs of demolition of the carport and associated administrative City costs should he not be able to obthin a variance or property line adjust- ment six months, or the carport s all be removed. Commissioner Hlava sec rd e H q motion, which was carried unanimously 6 -0. UP -543 -IMs. Chambre (Crocker Bank), 14417 Big Basin Way, Request for /Use Permit Approval for a banking facility in a C -C zoning district Commissioner Hlava abstained from the discussion and voting on this matter because of possible conflict of interest. Staff described the proposal, recommending denial. discussion followed on consistency with the Zoning Ordinance. The City Attorney stated that Staff is also relying on the General Plan policy and the action program for the Village regarding their inability to make the findings. He indicated that these state that uses should be encouraged which would generate sales tax to produce revenue for the City. The conditions regarding landscaping and joining the Parking Assessment District were noted as pluses for the City. The public hearing was opened at 11:00 p.m. William Dunn, Michael Smith, and Mike Little, of Crocker Bank, gave a pre - sentation on the proposed use, discussing the analysis of customer base and the location. Doug Adams, attorney for the property owner, discussed the conditions of the Staff Report, noting that there is no evidence that his client would support Condition 3 regarding joining the Parking District. Chairman Schaefer noted that, if approved, she would like the bank to con- tribute something to the City. Mr. Dunn commented that their business is run by the branches and perhaps the manager has the right to commit to do that. Commissioner Nellis moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner McGoldrick commented that the General Plan Committee wanted this to be retail and she feels the City should be consistent. Commissioner Nellis stated that he agrees with the Staff Report. He added thatthe City does not see many opportunities to have retail coming in downtown, and he would like to see a retail use which would generate revenue. The findings of the Staff Report were discussed. Commissioner Siegfried moved to approve UP -543, per the conditions in the Staff Report, making the finding that there is consistency; that the historical use of the site has heen financial institutions, and it seems to be the most reasonable use of the site. It will generate some revenue to the City and generate traffic coming into the Village. Commissioner Crowther seconded the motion, which was carried 3 -2, with Commissioners Nellis and McGoldrick dissenting and Commissioner Illava abstaining. 6'ttC','L. *'3 - 8 0 Planning Commission Meeting Minutes 9/28/83 UP -S43 (cont.) Page 9 Chairman Schaefer questioned having an automatic teller on site, and Commis- sioner Siegfried agreed. Mr. Dunn stated that a teller would increase foot traffic. It was noted that there will be design review on this matter. Commissioner Crowther stated that he voted for the use permit because of Condition No. 3, requiring participation in the creation of the Parking Assessment District. It was clarified that approval of the use permit is subject to that condition. MISCELLANEOUS 12. Tracts 6526 and 6528, Bla %well Homes, Inc., Parker Ranch, Modification to Site Development Plan tt allow pools on six (6) additional lots Commissioner Crowther abstaineA from the discussion and voting on this matter because of pending litigation. Staff described the proposal. Commissioner Hlava gave a Land Use Committee report, agreeing that the rest of the lots except No. 7S have substantial sites for pools. Russell Crowther, Norada Court, Atated that the Site Development Plan for this project was tied to the tent tive map. He commented that there was a public hearing, the EIR was based on the site development plan that was approved, and therewas a lot of ctincern about scenic impacts from things like tennis courts and swimming po'als, since it is a hillside site. He indicated that he strongly believe that this should not come up under Mis- cellaneous as it has, but should b put up for a rehearing if there is going to be any modification to the Site evelopment Plan. Commissioner Hlava commented that t ey had looked at where the possible swimm- ing pool sites were so there would not be any visual impact, and for the most part there were no visibility problems on any of the lots. The City Attorney stated that this is•,just a consent for amendment to the CC£,Rs at this time. Staff noted that1any site development plan would go through design review, which would be�a public hearing. Mr. Crowther ques- tioned whether the tentative map would be modified by changing the site development plan. The City Attorney indicated that there would be a public hearing in connection with a development proposal. Ile added that the fact that the restriction is being removed doesn't necessarily mean that the City is bound at that point to approve the proposal when it comes in. He noted that the engineer has indicated that Lot No. 43 should be added to the list of restrictions. Bill Heiss, engineer, stated that he understands that the pools are not being approved and must go through the design review process. He discussed the original delineation of pools and the criteria used. He noted that the City Geologist has looked at the lots on which approval is being requested but has stated that lie wants to review the specific site plans. The City Attorney stated that the amendment to the CCgRs would not only be for the removal of the restriction, but alAo the imposition of a restriction with respect to Lot 43. He added the condikion "Applicant will prepare the proposed amendment to the CCF,Rs and furnish`a draft of the same to the City Attorney for approval as to form at least ten days prior to the City Council meeting at which the consent to the amendment is being requested. Mr. Crowther commented that he feels modifying the CCF,Rs before the Site Development Plan and the tentative map is putting the cart before the horse, since the site development requires that by CC$Rs what is in the site develop- ment plan be regulated. He added that he fees that the danger in doing that is a purchaser of a home site sees the CC &Rs,`,saying lie can build a pool, and the site development plan says he can't. Mr. Heiss stated that the applicant indicates to all buyers that whatever is proposed has to go through design review. It was determined that the words "may be approved" be added to the Staff Report. Commissioner Hlava moved to recommend modification of the CC$Rs for potential placement of pools, per the Staff Report dated September 22, 1983, adding the restriction on Lot 43 and the condition as stated by the City Attorney relative to the proposed amendment. Commissioner McGoldrick seconded the motion, which was carried 5 -0, with Commissioner Crowther abstaining. - 9 - :vp" M •�R.IM Nf�M U 64I - it WIREIM" 11®iwl;�� �H orry r—mr ksr �Cpeit eslnc. In..� Mti EXHie17 FILE No. CITY OF SARATOGA� ' `�•t ..r arrs•IN M1M� —•. Q caocru inns tL(10R ILAN t 2,157 ie Cro cker B a n k John D. Bmdecidc Executive Vice President August 1, 1983 City of Saratoga City Hall Saratoga, California 95070 Gentlemen: The Crocker Bank desires to establish a branch office in the City of. Saratoga to both better serve our existing customers and to make available our array of financial services to the broader community. Over one thousand households in the Saratoga area already have some banking relationship with Crocker, but our closest branches in Los Gatos, Cupertino, and San Jose, simply can't provide the level of convenient service to which we believe the Saratoga community is entitled. As you know, we've made plans to lease the premises at 1447 Big Basin Way, formerly occupied by Imperial Savings. Our intent is to remodel the space to present an attractive, small scale banking office con- sistent with the attractive "village" atmosphere of the Saratoga Central Business District. Ample parking will be available off - street behind the office. Our branch will provide a full -range of financial services to indivi- duals-and small businesses with a special emphasis on lending. We'll also have a Crocker Automated Teller Machine where customers can transact routine banking business at almost any hour, day or night, seven days a week. In view of all these factors, we hope you will act favorably on our application. B:bam Crocker National Bank Personal Banking Division One Montgomery Sweet, West Tower, 27th Floor San Frandsco, Calidomia 94105 Telephone, (415) 983 -3605 am,ck. 40s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 `oil K-V I t THOMAS L. BLOXHAM Attorney at Law 1440 Broadway, Suite 810 Oakland, CA 94612 (415) 832 -5460 Attorney for AIMEE CHABRE, CROCKER BANK. SUBJECT: UP - 543 APPLICANT: AIMEE CHABRE (Crocker Bank) 14417 Big Basin Way FACTUAL BACKGROUND MEMORANDUM OF POINTS AND AUTHORITIES I14 SUPPORT OF ISSUANCE OF CONDITIONAL USE PERMIT. Date of Hearing: 11/2/83 The Conditional Use Permit concerns 14417 Big Basin Way, Saratoga California, which is part of a 1.51 acre shopping center comprising a drugstore, a clothing store, a barbershop and a financial institution. The structures contain a total of 9,170 gross letable sq. feet. On March 20, 1964, 14417 Big Basin Way, hereinafter "the subject property," was leased to Imperial Savings & Loan to be used as a financial institution. A copy of the first and last pages of the lease between Aimee Chabre (hereinafter "the landowner ") and Imperial Savings & Loan is attached hereto as Exhbit "A" and made a part hereof. At the time of this original lease, the existing "CC" District specifically permitted the 1. of the subject prpperty as a financial institution and no ditional use was required at that time. Imperial Savings & n'Continued the use of the structure as a financial instituti er several extension of leases, .the last of which extended original lease and such use of the financial institution it June 31, 1983. 'A copy of this lease extension is' attached et o as E x-M7151 � "'B ." O, 5 197,8�the then City n re- 6 Cou cil •f Saratoga, r� ssi-i e �CC-District to specifically exclude financial titutions from permitted users and iris,tead required that ancial institutions would requireIadditional use permits. Though Imperial Savings` &.Loan's lease extension provided expiration on June 31, 1983, by prior agreement with the downer, Imperial Savings & Loan vacated the premises and ninated paying 'rent on May 31, 1983. On December 29, 1982, some six months before Imperial ings & Loan vacated-the premises, Crocker Bank and'Aimee Dre entered into to a letter of intent that'Crocker Bank Ld occupy the subject property as a financial institution. spy of`this letter of intent is attached. hereto as Exhibit "C" is made a part hereof. On June 1, 1983, the landowner and Crocker Bank entered D a lease regarding the subject property wherein Crocker { would use the, subject property as a "bank." Crocker Bank nenced paying rent on June 1, 1983. 'A copy of the first, rd and last pages of said lease are attached hereto as 2. 1 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit "D." Since June 1, 1983, Crocker Bank has been engaged in City permit applications and other preliminaries in order to establish subject property in its use as a financial institution. The subject property could not be occupied from June 1, 1983,.to present, only becuase Crocker Bank has been attempting to secure all necessary permits and applications with the applicable governmental authorities. Since June 1, 1983, Crocker Bank has laid rent on the subject property to the present time and has diligently sought City approval to effectuate the intended use as a financial institution. Crocker Bank does not propose to make any alterations or expansion of the financial institution use, and proposes to use the same site for all purposes. Crocker Bank does not propose to perform any reconstruction as a result of any damage to the structure exceeding 50 %. Crocker Bank's application to the City Planning Commission for a special Use Permit was denied on Sept. 28, 1983. Both the landowner and Crocker Bank now bring this appeal. APPELLANTS' POSITION Appellants contend that the use as a financial institution by Imperial Savings & Loan constituted a "pre- existing uncon- ditional. use" and therefore under zoning regulation section 16.10.1 a conditional Use Perm must Ve issued. OPERATION`AS A FINANCIAL INSTITUTION PRE -DATED RE- CLASSIFICATION OF THE "CC" DISTRICT AND THE CONTINUED USE MUST BE PERMITTED. 3. 1 2 3 4 5 6 7 8 9 10 11 12 1 15 16 i�8 1-9 20 n, 21 �. 22 23 24 25 26 Section 16.10.1 entitled, "Pre- existing Unconditional Uses" provides as follows: "A use established prior to the adoption of this ordinance or prior to the adoption of any reclassification ordinance under this ordinance, which, at the time of its establishment was an unconditional permitted use under the zoning regulations and district classification ordinances then existing, but which by virtue of the regulations of this ordinance or by any such new reclassification ordinance, becomes a permitted use only on the obtaining of a use permit, shall be permitted to continue, subject to the following: a) (Not applicable) i�kb) (Not applicable) As is evident from the above regulation, the regulation does not seek to prohibit different users from continuing non- on rming uses. Rather, the regulation's only concern is uses. Therefore, it is of no relevance that this co d�t' nal use permit application is made by one other tha,r/, the original user. Because CROCKER BANK seeks to ntinue the same use, under the regulation this is.sufficient. THERE HAS BEEN NO LEGAL ABANDONMENT OF THE NON - CONFORMING USE. The exact date is not known at this time, but it is known that Imperial Savings moved from the subject property towards the last week in May, 1983 by agreement with the landowner, since Imperial Savings had contracted by there lease extension (attached hereto) to remain until June 31, 1983. CROCKER BANK-signed the landowners lease on June 1, 1983 and commenced 1XIM 1 2 3 4 5' 6 7 8 9 10 11 12 13 1 14 1 15 16 17 18 19 20 21 22 FIcl 24 25 26 paying rent on that day in order,to operate a "bank ". i $la a.result of the change in tenants, the landowner did not lose even one day of rent. Since June 1, 1983, despite paying rent on the subject property each and every month and up to the present, the subject property has been vacant as CROCKER BANK has been attempting to secure governmental approval to commence operation as a financial institution. But for the fact that CROCKER was required under applicable city law to obtain a proper use permit, CROCKER would have immediately commenced operation as a financial institution.on June 1, 1983, the date their lease commenced. CROCKER has filed for the proper permits but to date the city has not allowed CROCKER to commence operation. LEGAL ABANDONMENT REQUIRES INTENT TO ABANDON AND THAT THE ABANDONMENT BE VOLUNTARY. California law clearly requires that before abandonment of a non - conforming arise, the abandonment must be voluntary. Where governmental directives require abandoning a use, such does not rise to legal abandonment. In the case of City of Fontana vs. Atkinson (1963) 212 Cal. App. 2d.499, 507, appellant maintained a pre- existing unconditional use in raising a dairy herd. The city required that appellant install certain improvements which required that appellant: 9610 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 414 21 22 23 24 `&M 26 discontinue his non - conforming use. The city counsel held that the non- conforming use was abandoned. The court in Fontana reversed the decision of the city counsel holding that appellants discontinuance of his non - conforming use was as a result of the governmental authorities and their demands. Under the circumstances the court held that the abandonment was not voluntary. The Fontana case is controlling in the case at hand. There can not be said to be voluntary abandonment where the only reason CROCKER BANK did not commence banking business at the commencement of its lease on June 1, 1983 was because CROCKER was forced by city regulation to obtain a use permit. Any non- use as a financial institution on the subject property is a direct result of the requirements of the City of Saratoga and not any voluntary act of CROCKER BANK. Because there has been no voluntary abandonment the. city counsel must therefore grant the conditional use permit. National case law underscores that mere non -use or abandonment without more can not,and does constitute legal abandonment. It is well established that before a non- conforming use can be found to have been abandoned, there must be an intention on the part of the owner or user to permanently relinquish the non - conforming use. See Service Oil-Co. v. Rhodus (1972 Colorodo) 500 P. 2d. 807 (Intent to abandon a non - conformi use is required.),Sutton v. Board of Adjustment (1962 Delaware) 57 De. 414, Holloway Ready Mix Co. v. Monfort (1968, Kentucky) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 474 SW 2d. 80 (Intention to abandon is a requitite), Beyer vs. Baltimore (1943 Maryland) 182 Md.`444 ( The decisive test is whether the circumstances surrounding a cessation of nonconforming use are indicative of an intention to abandon. the use.), Dusdal v. Warren (1972, Michigan) 387 Mich. 35.4 (Abandonment is act of nonuser combined with an intention to abandon the right to a nonconforming use.) Marino v.s Norwood (1963, New Jersey) 77 NJ Super 58.7; Saddle River vs. Bobinski, (1969, New Jersey) 108 NJ Super 6, (The primary question is the intent of the property owner as determined from his actions on a case by case basis.),Marchese.v. Norristown Borough Zoning Board of Adjustment (1971, Pennsylvania) 2 Pa Cmwlth 84, (Intention is a necessary element in the concept of abandonment.) With respect to the subject property, the intent of the landowner and CROCKER BANK has clearly been to continue the use of the subject property as a financial institution: This intent is plainly expressed by the fact that the parties entered into a letter of intent dated December 29, 1982, attached hereto which mana.fested to intent to have CROCKER BANK establish a branch at the subject location at the conclusion of Imperial's tenancy. Additionally, intent to continue to subject property as a financial institution is expressed in absolute language in the lease entered into the very day Imperial's obligation to pay rent ceased. Because the parties intent has been to continue the.operatioi of a financial institution on the subject property -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 no leagal abandonment can be said to have taken place and therefo. the use permit must issue. MERE CESSATION OF USE., TEMPORARY OR EXTENDED IS NOT'SUFFICIENT TO CONSTITUTE ABANDONMENT OF A NONCONFORMING USE. While the issue has not arisen in..the California courts, national courts have established that a factual cessation or discontinuance is not,per se, an essential, controlling or decisive element with regard to whether a nonconforming use has been abandoned. In Green v. Copelan, (1970, Alabama) 286 Ala 341, the court held that a temporary cessation of a nonconforming use of property, even for a lengthy period, caused by circumstances over which the property owner had no control was not proof of a discontinuance since the circum- stances themselves negate an inference of the necessary intent to abandon the use. See also Franmore Realty Corp. vs. Le. Boeuf, (1951, New York) 201 Misc. 220, 104 NYS 2d. 247. where the court recognized that is a universally accepted principal that mere non -use of a property over a period of time; when unaccompanied by any other acts indicating an intention to relinquish-or abandon title thereto, does not amount to abandonment of the nonconforming use, time not being an essential element of abandonment. A temporary cessation in the exercise of a nonconforming used I:IN J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 ! 25 1 26 , even for a lengthy period , caused by circumstances over which a property owner has no control does'not constitute abandonment. See west Mifflin v. Zoning Hearing Board (1971, Pensylvania) 3 Pa Cmwlth 485, where the court said that since intention is a necessary element-in the concept of abandonment, it follows. that a lapse of time is not decisive in absence of a specifice time provision in a zoning ordinance. In the case at hand, the Saratoga zoning ordinance has no time limits. It is essential therefore that the only elements that can be considered are whether the abandonment was voluntary and whether the parties intended to abandon the use. The mere fact that the subject property has been vacant is not a factor in determination of abandonment. CONCLUSION Because operation as a financial institution pre -dated reclassification of the "CC" district, and the parties to the application for the present use permit had clearly iintended to use the subject property as a financial institution there has been no abandonment of nonconforming use. Additionally, non -use as a result of governmental requirments can not create abandonment because the concept of abandonment requires that the fact finders look to the intent of the parties. It is submitted that use permit 543 must issue. Dated: October 31, 1983 -� ^E ,A S_E Zhis Lease is executed // in triplicate at Loa Gatos, California, on _(Q;;G�,;, U, 1964, by LOUIS JOSEPH CHABRE and AIMk:E .JOSEPHINE CHABRE, bis vifie, as ,jointton,4Wts, residing *t 24550 Santa Cruz Highway, Los Gatos, California, as I,cs:�ors and COLUMBUS *YI 5 ADD LOO 4$OCIATION of Saratoga, California, Lasseep; and tha Lessor and Lessees are hereafter celled, respectivelyo the Lessor And lessee, without re- $ard tp gumber or gender. The Lessor leases to the Lessee, and the 1966 ae Mires frUm the Lessor, for the purpose of con - 4ucCia. thaarein a savings and loan association and ' allied Activitt.es, that certain premises located at ,; I3r�si.n 'play, in the town of. .arato a J 4471 .Cpgpty of Santa Caere, state, of g4ttforuta. This Le"4 is made, subject to the follow- Jny, Germs and coudi t ions : 1. The terw oball comgence on the ,/"I,/,_ dAy of , 1964, and shall terminate at rdui�ht n ,.,.,., .1969. 2. �io*L'essera shall ply as rental for the promises the sun of Twenty -one Th9u$end Nine Hundred 021.,900.00) Dollars, in the follows ug manner: The sum of $350.00 on 1964, a like sum on the each and every calendar monk or twenty -three (23) additional m6ntba; and thereafter, the sum of $375.00 for the restraining thirty -six (36) luonths of-the term. ' The Lessee shall, in addition to all other sums agreed to'be paid by him under this Lease, pair to the Lessor, upon its demand, a prorate share (based upon square feet in the building) of all real estate taxes which shall, during the term of this lease,, be assessed against the demised prccuisew and adjoining premises of the Lessor in excess of the suz of EXHIBIT "A" IN WITUSS WRE"Or, the parties hereto have hereunto •ubocribed Choir amme and' seals the day And year tirst above written. 4;%)LUKbUS SAVIhGa A14LJ LLwO lklb3itjclAllobi A 106ts-46seph Chabre = by: Josephine L ! in* Ch GL*tauc Secretary LIS301 I 1*de of Udl=ix Lassah; Courdu of ................... ( ACKNOWLEDGMENT—General — On this ..... Nth ... day of ............... *rch U. W. Hawks ......... I ........... ........ A . D. 19.. ��. before me, ...... ................................ * ............. a Notary Public in and for the said County and State, residing therein, d9ty commissioned and sworn, personally -ap- peared.................... ................ ...... ..................................... brb ................................................... ................................ I .................................................... ­ ............. ............. I ........... .............. I .............. known to ryie to be the persons whose name.4 ....... 4?�§ ................subscribed to the within Instrument, and aano'wledged to me that tiliq executed the same. lit Xitness 01yerraf, I have hereunto set my hand and affixed my official seal the day and year in, this Certificate first above wri . tte .................................. I ...... .. ..... ..... .................. Notary Public in and for said County and Sale ,te of California My Commission Expires ... ....... ................... . ..... Form GA Sam Hopkins Legal Forms Printing Service, 2328 FruitvQla Ave., Oakland, Calif. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THOMAS L. BLOXHAM Attorney at Law 1440 Broadway, Suite 810 Oakland, CA 94612 Telephone: 415- 832 -5460 EXTENSION OF LEASE This e.-,tension of lease is made and entered into by and between Aimee Chabre, Landlord, and Imperial Savings and Loan, Tenant, relating to that certain premises located at 14471 Big Basin jiav, Saratoga, Califo,':Iia a"td- Tenant hereby agree to extend the tern: of th::t leas-z"-.old under that lease dated 11,1av 30, 1980 and that ''Renewal of Lease'dated October 20, 1981, from October 1, 1982 to June 31, 1983. Rent for this period shall be i:: the a -ounr of $1.25 uar square foot for an aF_"ecc square footase 2,157.00 for a total monthly _,=r-al terms and conditons of the lease date% 1y 30. 10, 8:! a tC remain unchanged. Landlord I1.IPERI.yL SA+'INGS A:IND LOAN -ASSN. Tenant / r� By WALTER SHEI;, Vice President Property Management EXHIBIT "B" ^>7 , hh.� December 29, 1982 Mrs. Aimee' Chabre' 24550 Santa Cruz Highway Los Gatos, CA 95030 - CROCKER nATIonAl BANK CROCKER PROPERTIES DEPARTMENT 333 SOUTH GRAND AVENUE, SUITE 740, LOS ANGELES, CALIFORNIA 90071 MAILING ADDRESS J POST OFFICE BOX 2457, LOS ANGELES, CALIFORNIA 90051 RE: CROCKER BANK BRANCH FACILITY - 14471 BIG BASIN WAY, SARRATOGA, CA Dear Mrs. Chabre': Pursuant to our recent conversations, the following will set forth the basic terms under which we propose to lease office space at the subject location. LEASE PROPOSAL TENANT: Crocker National Bank, a national banking association. BUILDING AREA: Property locat d 14471 Big Basin Way, comprising appoximately.Z� slquare eet for Crocker Bank Branch (See Attachment I). TERM OF LEASE: t9 3Q), basic term.',` OPTIONS: One (1) five (5') year option period. -- !NTERIM RENT: pef meTt� open ��k-er- tak -i-rg ssession-- of - -the - premiee-s - fa r_- -A -9A % day- - period, during eons-t-ruettocn-of- RENT: $33,000 per year in equal monthly installments to commence TlJ l �j i 4'�3� RENTAL ADJUSTMENT: Rent to increase annually during term and option period by six percent (6%) per year, xerr-compounding.9, UTILITIES /SERVICES: - Crocker- shall -- obtain - separate- meters - -and -pay - for --a11 - -- electricity, utilities and telephone services necessary for Crocker's use of the Premises. RIGHT TO SUBLEASE: Crocker shall have the right to assign lease or sublet, with landlord's prior written consent, which shall not be unreasonably withheld br undully delayed. PARKING: Crocker shall have eight (8) parking spaces nearest the building designated for its exclusive use. SIGNAGE: Crocker will;be allowed maximum lawful permanent signage. Signage must provide - identification - acceptable•to Crocker Bank. -= 'EXHIBIT "C" .ac m n9TionaL Banc Mrs. Chabre' Page 2 12 -29 -82 CONDITIONS PRECEDENT: A. Obtaining all necessary permits to construct a Crocker Bank Facility. B. Obtaining Crocker Executive Committee approval. C. Obtaining approval from the - Comptroller of Currency. Sincerely, Richard Swezey Senior Real Estate Negotiator RS /bo ��j/,,,, r APPROVED: 1L!"�%l� Aimee' Chabre', Owner DATE: �� ti LEASE THIS LEASE is made and entered into this 1st day of June, 1983, by and between AIMEE CHABRE' ( "Landlord ".), and THE CROCKER BANK,a national banking association (hereinafter called "Tenant "). IT IS AGREED BY THE PARTIES AS FOLLOWS; ARTICLE I DEMISED PREMISES Section 1.01 Description of Premises Landlord leases to Tenant and Tenant rents from Landlord certain premises in a shopping center called 14417 Big Basin Way (hereinafter called the "shopping center "), located in the City of Saratoga, State of California. The entire of said shopping center is outlined in Exhibit "A" attached hereto and made a part hereof. The premises herein demised (hereinafter called the "demis- ed premises ") consist of approximately -2,157 square feet. Landlord may increase, reduce, or change the number, dimen- sions, or locations of the walks, buildings, parking and common areas and other improvements in any manner that Landlord shall deem proper. Such action by Landlord shall not unduly interfere with Tenant's business. Landlord further reserves the right to make alterations and /or additions to, and to build or cause to be built additional stories on, the building in which the demised premises are situated and to add any buildings adjoining the same or elsewhere in the shopping center. Without limiting the gener- ality of the foregoing, Landlord may add additional department stores and retain shops and parking decks anywhere in the shopping center. Use and occupancy by Tenant of .the demised premises shall include the use in common with others entitled thereto of the common areas and facilities, as' hereinafter more fully defined and as provided -in :Article -VIM.----Nothing herein contained shall be construed as a grant or rental by Landlord or Tenant of the roof and exterior walls of the building or buildings of which the demised, premises form a part (other than store fronts), the area beneath said premises or the walks and /or other common areas beyond the demised premises, except as may be hereinfter specifically set forth. Landlord reserves the right to install, maintain, use, repair and replace pipes, ducts, conduits, and wires leading through the demised premises and serving other.parts of the shopping center in a manner that will not materially interfere with Tenant's busri- ness or use of the demised premises. EXH11IT �r (b) 'If any rent shall not be paid when due, the unpaid amount shall bear interest at the rate of ten percent (10 %) per annum, from a ..date which is _ten .x(10) days .after the date due to the date.pa.id.._ :,_ This provision shall not be construed to relieve Tenant from any default arising from any failure on the part of Tenant to make any payment when due, or deny Landlord any rights granted herein or by law. (c) Adjustments to rental: 3.Ol.above shall tie increased on mencement of the Primary Term of after ( "Adjustment Date "), by th, The monthly rental under Section the anniversary date of the com- this Lease and every year there- ? amount of $1,644.00. (d) If Tenant exercises its rights to renew this lease pur- suant to Article II above, the rental for the first year of said renewal shall be the fair market rental value of the demised premises as agreed in writing by Landlord and Tenant, but not less than $3,972.50 per month. If Landlord and Tenant cannot agree as to the fair market rental, each shall select a qualified MAI real estate appraiser and they shall determine the fair market rental of the demised premises which shall not be less than $3,972.50 per month. Should said appraisers be unable to agree upon the fair market rental of the demised premises, they shall select a third, qualified MAI real estate appraiser who shall determine the fair market rental of the demised premises. The monthly rental shall be increased on the anniversary date of the commencement of the Renewal Term and annually thereafter during the whole Renewal Term, by a sum equal to five percent (5 %) of the annual fair market rental arrived at for the first year of said Renewal Term. ARTICLE IV USE Section 4.01 Use of Premises (a) Tenant agrees to use the demised premises only for a bank and /or for the purpose of conducting any other business related to the business of the Tenant, and for no other purpose without the prior written consent of Landlord.- It is specifically agreed that Tenant has not been granted any exclusive rights to sell or operate within either the shopping center or'other land'owned or controlled by Landlord. _Tenant _ shall not conduct._ catalogue sales in or from the demised premises, permit the use of vending machines therein, or use or permit the use for what is commonly known in the retail trade as a discount wholesale or outlet store. Section 4.02 Trade Name Tenant shall operate its business within the demised premises under the trade name of THE CROCKER BANK. Tenant shall not change the trade name of the business being operated in the demised premises without Landlord's prior written consent. the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in the amount of the last monthly rental, plus all other charges payable hereunder,..and upon all terms hereof applicable to a month to month tenancy. ARTICLE XXIV WARRANTY OF TITLE AND COVENANT OF QUIET ENJOYMENT Section 24.01 Landlord hereby covenants and warrants to Tenant that Land - lord has a good and marketable fee simple title to the demised premises. Landlord further covenants that upon Tenant paying the rent as required hereunder and observing and performing all of the terms, covenants, and conditions of this lease on Tenant's part to be observed and performed, Landlord shall secure Tenant in the quiet possession of the demised premises during the entire lease term and any extensions thereof. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. THE CROCKER NX by Tenant VICE PRESIDENT Tenant AIMEE CHA , LANDLORD I I � i �,i1S3 S IOCLt �, too LAIL I... .;�- Ii!i! i —•� ��; � � jyloo�- �-S1'% -'-- J: < - -- fill :; j � i, iiil iii � � I� ;� I � _•�ii .. ;::i __c ::: :..:I:.:: ��:_ ;.I_ �; is J: (► _+'+ —1...: ' -_j_ .'_.. f �I f ,i•� I,! ,� !!fl!I � 1 :•.; _. -,�_.. :i_ - �- - �- .��- ... +. -- :75.6: MG it Co 7 17 PAT I ' i IL S b 7 8 9 10 ]l 12 1.3 - -3t` 25 .,16 •, ]7. t