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HomeMy WebLinkAbout12-07-1983 CITY COUNCIL AGENDACITY Ur SeiltE�iCX�A Initial: AGENDA BILL NO. J�-T Dept. Hd. DATE: November 16,.1983 (Dec. 7, 1983) C. Atty. DEPARTMEVT:.Comuunity Development C. Mgr. -------------------------------------------------------------------- - - - --- SUBJECT: CONSTRUCTION ACCEPTANCE FOR TRACT 6605, Springbrook Lane Issue SunToxy The public improvements required for the subject Tractor Building Site have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. Q Recommendation Grant "Construction Acceptance" to the subject Tract or Building Site. Fiscal Impacts None E: ch ibi t s /Att achnim is 1. Memo describing development and bond. Council Action 12/7: Ammvc -rl nn C'nnGPnt. C'a 1 Pl'9ar A-n_ L� II�i1�E�iM�OO R A N D l 1 ►Vii 09,fff o2 O&MUZOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: November 15, 1983 FROM: Director of :Community Development SUBJECT: Construction Acceptance for TRACT 6605 Name & Location: Gera, Springbrook Lane Public Improvements required for TRACT 6605 have been satisfactorily completed. I, therefore, recommend the City Council accept the improvements for construction only. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract, insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Marko Gera Address: 19120 Springbrook Lane Saratoga, CA 95070 2. Improvement Security: Type: Suretv Bond Amount: $32,000 Issuing Company:Continental Insurance Company Address: 1600 willow Street San Jose, CA 95125 Receipt, Bond or Certificate No.: BND 210 63 67 3. Special Remarks: RSS /dsm jegrtS. Shook CITY OP &VAT Gu r _ AGII- NDA DILL NO. ` - DAT E: December 5, 1983 DEP,,V,- ,IENT: City Attorney -0 ---- ------- -------------- SUBJECr• Amendment to Sections 2 -14 and 2 -16 in Chapter 2 of the Saratoga City Code, relating to the procedure for introduction of resolutions and -------------------------------------- - - - - -- ae�s ------------------------------- - Issue Sumnary At its study session on November 22, 1983, the City Council directed the City Attorney amend the administration provisions of the City Code to provide that resolutions could be introduced by any councilmember and ordinances could be prepared and submitted to the Council for consideration upon a directive from a.majority of the Council, request by the City Manager or the City Attorney on his own initiative. The proposed amendment to Sections 2 -14 and 2 -16(a) is intended to accomplish this result. With respect to Section 2 -14, the amendment requires a directive from the City Council which can be given through the expression of a concensus rather than a formal vote. Initial: Dept. Hd.. C. Atty.` C. Mgr .Q Reccmrnndation • Fiscal Impacts Consider proposed ordinance and adopt if desired. E:dlibits /Attachm--nts None. (1) proposed ordinance; (2) staff report to City Council dated November 18, 1983; (3) amended. Council Action Copy of existing code sections being 1/4: Fanelli /Moyles moved to introduce and read by title only. Passed 5 -0. r� ORDINANCE NO. • AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 2 -14 AND 2 -16(a) IN ARTICLE 11, CHAPTER 2 OF THE SARATOGA CITY CODE, RELATING TO THE PRESENTATION OF RESOLUTIONS AND ORDINANCES The City Council of the City of Saratoga does ordain as follows: SECTION 1: Chapter 2, Article II, Section 2 -14 of the City Code is hereby amended to read as follows: "Sec. 2 -14. Preparation of Ordinances. All ordinances considered by the City Council shall be prepared by or under the direction of the city attorney. No ordinance shall be prepared for presentLtion to the City Council unless directed by a majority of the City Council or requested by the city manager or prepared by the city attorney on his own initiative." SECTION 2: Chapter 2, Article II, Section 2 -16(a) of the City Code is hereby amended to read as follows: "(a) Ordinances prepared in accordance with Section 2 -14 • and resolutions and other matters requiring action by the City Council must be introduced and sponsored by a member of the City Council; except that the city manager or city attorney may present the same and any council member may assume the sponsorship thereof by moving that such ordinance, resolution or other matter be adopted." Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 19 , by the following vote: AYES: NOES: ABSENT: ATTEST: 00 City Clerk me Mayor CITY OF SARATOGA AG =A BILL NO. Initial: Dept. Hd. DATE: 11 -23 -83 C. Atty DLpART Z. Administrative Services C. Mgr. SU&TECT :ABANDONED, WRECKED, DISrANTLED or INOPERATIVE VEHICLES ORDINANCE Issue Summary Recent City Code Enforecement efforts to abate, abandoned, wrecked, etc. vehicles on private property have identified _a need to strengthen the City's enforcement powers in this area. The' Ordinance has. been designed to meet this need. Recomrendation Adoption of "An Ordinance of the City of Saratoga adding Article X and Article XI to Chapter 9 of the Saratoga City Code partaining to repair of vehicles and abandoned, wrecked, dismantled, or inoperative vehicles. Fiscal Impacts The new Ordinance provides for the payment of Administrative Costs and /or vehicle remoV41 by the offending party(s), for enforcement of the ordinance. ?:<hibits /Attachments AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE X AND ARTICLE XI TO CHAPTER 9 OF THE SARATOGA CITY CODE PERTAINING TO REPAIR OF VEHICLES AND ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES Council Action 1/4: Moyles /Clevenger moved to read by title and introduce. Passed 5 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL STEVEN G. BAIRD JACK L. BRIDGE GREGORY A. MANCHUK ATmNSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 Mr. Stan Carnekie City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 November 22, 1983 Re: Abandoned, Wrecked, Dismantled or Inoperative Vehicles Ordinance Dear Stan: J. M. ATKINSON, (1892 -1982) L. M. FARASYN. (1915 -1979) I am enclosing herewith a revised draft of the above - referenced Ordinance. This revised draft relocates both the existing Section 10 -30 of the Saratoga City Code pertaining to repair of vehicles in residential districts and the inoperative vehicles ordinance to Chapter 9 of the Saratoga City Code. Substantively, the inoperative vehicle ordinance has been amended to add a new Section 9- 221(b) definition of inoperative. Thank you for your courtesy and cooperation with this matter. If you have any questions, please feel free to contact me. Very truly yours, ,U I. �j STEVEN G. BAIRD Deputy Saratoga City Attorney SGB /ns enc. AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE X AND ARTICLE XI TO CHAPTER 9 OF THE SARATOGA CITY CODE PERTAINING TO REPAIR OF VEHICLES AND ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 10 -30 of Chapter 10 of the Saratoga City Code is hereby repealed. Section 2: Article X is hereby added to Chapter 9 of the Saratoga City Code to read as follows: ARTICLE X REPAIR OF VEHICLES Sec. 9 -210. Repairs of Vehicles, etc., in Residential Districts. No person shall engage in the repair of any motor vehicle, trailer, camper unit or boat in any residential zoning district within the City of Saratoga except in accord with the following regulations: Sec. 9 -211. (1) The vehicle, trailer, camper unit or boat must be currently registered to a person resident at the site at which it is being repaired at the time it is being repaired, and (2) Except for emergency repairs performed within 48 hours from the time of breakdown, no such repairs shall be permitted on any public street, public trail, or other public right -of -way, and (3) Such repairs that are performed on private property within public view shall be completed within 120 consecutive hours from the time first reported to the City. There is no limit of time to perform repairs on private property when the repair activity, and the storage of all repair equipment, supplies, vehicles and parts, are completely screened from the public view, and (4) No such repairs shall be permitted if it creates a volume of noise in excess of the levels established in the Noise Control Ordinance of the Saratoga City Code presently appearing at Article V of Chapter 8. (5) No such repairs shall be permitted if it creates any smoke or noxious fumes or odors which are discernable to occupants of adjoining real property or to members of the general public using an adjoining public street or public right -of -way. Same — Penalties. Any person violating any of the provisions of this Article shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each 11 /21 /83 /N /TOPPEL -1- r and every day, or porpon thereof during which any violation of this Article is committed, continued or permitted y such person, and such person s all be punished accordingly. The vio ation of an part of this Article shall cons tute a separate violation. Any perso convicted an infraction under this Secti •sh 1 be punished for a first convictio by a fine not more than Fifty Dollars (' 50 , for a second conviction within a eriod o e y ar from the first conviction, by fine of not more than One Hundred ars $100.00) and for a third or subsequent conviction within a period of one a fro the onviction, by a fine of not more than Two Hundred Fifty Dollars 250.00) The bail for each such violation of this Article shall be in the amount of the et forth hereinabove, plus any penalty assessment which may be imposed by the Court. In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Article shall be deemed a public nuisance and may be abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Section 3: Article XI is hereby added to Chapter 9 of the Saratoga City Code to read as follows: ARTICLE XI ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES Sec. 9 -220. Findings and Determinations. In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this Article, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article. See. 9-221. Definitions. For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases used in this Article are defined as follows: (a) "Highway" shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. "Highway" shall include street. (b) "Inoperative" shall mean a vehicle which is not capable of being operated, or permitted to be operated, on the public streets and highways of the State of California because of mechanical deficiencies or lack of current valid vehicle registration and /or license documents. -2- (c) "Owner of the land" shall mean the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll. (d) "Owner of the vehicle" shall mean the last registered owner and legal owner of record. (e) "Public property" shall not include "highway." (f) "Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Sec. 9-222. Exceptions. The provisions of this Article shall not apply to: (a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the street or other public or private property; or (b) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. The provisions of this section shall not authorize the maintenance of a public of a private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this Article. Sec. 9 -223. Effect of Other Laws. The provisions of this Article shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this Article shall supplement and be in addition to the other regulatory Codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. Sec. 9 -224. Administration and Enforcement. Except as otherwise provided in this Article, the provisions of this Article shall be administered and enforced by the City Clerk or one or more of his duly authorized deputies. In the enforcement of the provisions of this Article, the City Clerk and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle and to cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this Article. Sec. 9 -225. Right of Entry of Certain Persons. When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this Article. Sec. 9 -226. Administrative Costs. The Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any -3- vehicle, or parts thereof, for the purposes of administering the provisions of this Article. Sec. 9 -227. Abatement and Removal: Authority. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property within the City, the City Clerk shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this Article. Sec. 9 -228. Abatement and Removal: Notices of Intention. A ten (10) day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notices of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE (Name and address of the owner of the land) As owner shown on the last equalized assessment roll of the land located at , you are hereby notified that the undersigned, pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Saratoga and the costs thereof, together with administrative costs, shall be assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City Clerk of the City of Saratoga shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. QZ You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice mailed (date) ity Clerk, City of Saratoga NO'T'ICE OF INTENTION TO ABA'T'E AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE Name and address of the last registered and /or legal owner of record of the vehicle; notice should be given to both if different) As last registered (and /or legal) owner of record of the following described vehicle (make, model and license number), you are hereby notified that the undersigned, pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (address of the property on which the vehicle is located) and constitutes a public nuisance pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the mailing of this notice. As registered (and /or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City Clerk of the City of Saratoga shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice mailed date -5- City Clerk of the City of Saratoga Sec. 9 -229. Abatement and Removal: Notices of Intention: Requested Hearings: Notices. Upon a request by the owner of the vehicle or the owner of the land received by the City Clerk within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Council on the question of the abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of. the vehicle on his land within such ten (10) day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by registered mail at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received witin ten (10) days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing. Sec. 9 -230. Abatement and Removal: Notices of Intention: Requested Hearings: Determinations. All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 9 -228 and 9 -229 of this Article, shall be held before the Council which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this Article. The Council may delay the time for the removal of the vehicle, or parts thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public hearing, the Council may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public prperty, order the same removed from the property as a public nuisance and disposed of as provided in this Article, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently consented to the presence of the vehicle on his land, the Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. -6- If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Council but does not appear, such owner of the land or interested person shall be notified in writing of the decision. The decision of the Council shall be final. Sec. 9-231. Removal. Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of Section 9- 230 of this Article, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 5004. Sec. 9-232. Removal: Notices. Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates, certificates of title, and license plates. Sec. 9 -233. Assessments of Costs. If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 9- 230of this Article are not paid within thirty (30) days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes. 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. 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. 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: NOES: ABSENT: -7- ATTEST: CITY CLERK MAYOR, CITY OF SARATOGA AGENDA BILL NO. 660 DATE: November 28, 1983 (December 7, 1983) DEPARTMENT: Community Development Initial: Dept. Hd. C. At C. Mgr. SUBJECT: FINAL BUILDING SITE APPROVAL, SDR -1546, HOWARD JAMESON, PASEO LADO Issue Summary 1. This is an expansion of building to an existing family house. 2. All requirements of city departments and other agencies have been met. 3. All fees have been paid. Recommendation Adopt resolution No. 1546 -02, attached, approving the building site for SDR -1546. Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 1546 -02 2. Report to Planning Commission 8/24/83 3. Location Map 4. Status Report for Building Site Approval Council Action 12/7: Approved on Consent Calendar 4 -0. REPORTcTQ sF APPPOVE-D BY: DAiE: LNINING COMMISSION 1` i , DATE: 8/18/83 1.��_._., Commission Meeting: 8/24/83 SUBJECT: V -617 and SDR -1546 - Howard Jameson, 18628 Paseo Lado, Tentative Building Site Approval, 1 Lot (50% Expansion) REQUEST: Variance to continue existing garage and storage area with a 2 ft. side setback and 201t. rear yard setback and Building Site Approval for an over -50% expansion. OTHER APPROVALS REQUIRED: Design Review (Public Hearing), Building Permit. PLANNING DATA: PARCEL SIZE: 10,889 sq. ft. GENERAL PLAN DESIGNATION ZONING: R -1- 10,000 SITE DATA: SURROUNDING LAND USES: Single - family residential SITE SLOPE: Level Medium Density Single Family (M -10) NATURAL FEATURES & VEGETATION: Ornamental planting including 24" bay, 18" maple and 16" pine not proposed for removal). PROJECT CONSIDERATIONS: HISTORY: The applicants intend to build a second story addition which will cause them to expand their existing main residence by over 50 %. A garage exists on the site with nonconforming setbacks which requires that a variance be granted prior to site approval, or a condition be added to move the structure (and /or remove a portion of it) to within the appropriate setbacks. SETBACKS: Detached Garage and Storage: Left Side: 2 ft. (10 ft. required) Rear: 20 ft. (35 ft. required with 2nd Story addition) SIZE OF STRUCTURE: Main Structure: 1,477 sq. ft. Detached Garage and Storage: 890 sq. ft. i Report to Planning Commissi( 8/18/83 V -617 & SDR -1546, Howard Jameson, Paseo Lado Page 2 ADDITIONAL CONCERNS OR COMMENTS: The residence is not hooked up to the sewer. Paseo Lado is not presently within Sanitation District No. 4 and annexation proceedings have been unsuccessful. The nearest main is approximately 500 ft. from the lot. The Health Department has carefully reviewed the proposal and finds the seepage pit to be adequate. By approving the subject site approval and variance, the Planning Commission is not approving a second story addition. The site is flat and, therefore, does not require approval of a site development plan. Report to Planning Commissl(. 8/18/83 V -617 & SDR -1546, Howard Jameson, Paseo Lado Page 3 V -617 - VARIANCE APPROVAL RArvr-Dnl wn Building Site Approval requires that.existing structures on the site conform to current zoning requirements or be legitimized through the variance approval procedure. The subject site is in an area built under County jurisdiction and there is an existing garage /storage structure which does not conform to current setback requirements. The location of the garage structure is similar to many non - conforming structures in the neighborhood, particularly garages and carports in the rear and sideyard setback area. FINDINGS: 1. Strict or Literal Interpretation - Physical Hardship Strict interpretation of the ordinance would cause a substantial physical hardship in causing the removal or a significant alteration of the garage structure. 2. Exceptional or Extraordinary Circumstances Many structures in the same zone were built by Saratoga zoning standards and have conforming setbacks. Those residences which were built under County zoning standards and later incorporated are not generally applying for building site approval, thus they are not subject to needing variance approval for similar non - conforming structures. There are extraordinary circumstances concerning the subject property. 3. Common Privilege Denial of the variance request would deprive the applicant of the common privilege to have a garage. 4. Granting of Special Privilege Approval of the variance request does not constitute a grant of special privilege as it is an existing non - conforming structure and not a new construction request. 5. Public Health, Safety and Welfare The granting of this variance will not be detrimental to the public health, safety and welfare. RECOMMENDATION: Staff recommends approval of the variance per Staff Report dated 8/18/83 and Exhibit "B ". Report to Planning Commissr 8/18/83 SDR -1546 & V -617, Howard Jameson, Paseo Lado Page 4 SDR -1546 - BUILDING SITE APPROVAL PROJECT STATUS: Said project complies with all objectives of the 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 Exemption was prepared relative to the environmental impact of this project. The Staff Report recommends approval of the tentative map for SDR -1546 (Exhibit "B" filed July 8, 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 map; 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 following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Domestic water to be provided by San Jose 14ater l•Jorks. B. Only one additional bathroom to be constructed on site per Health Department approval of seepage pit. III. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. IV. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval as required by Ordinance on project prior to issuance of permits. B. Applicant is to enter into recorded agreement with the City of Saratoga agreeing to participate in the formation of a sanitary sewer assessment district, and to connect to sewer when available. V. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. Report to Planning Commissf- U -617 & SDR -1546, Howard Jameson, Paseo Lado Approved: Kathy erdus Planner KK /dsc P.C. Agenda: 8/18/83 8/18/83 Page 5 •.4%•. 's= it �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- 1546 , Howard Jameson (have) (kxXxxxoct) been met as approved by the Planning Commission on 8/24/8.3 Listed below are the amounts, dates and City receipt numbers fo-r all required items: Offer of Dedication N/A Record of Survey or Farreel -Map N A Storm Drainage Fee N/A Date Subm All Required Improvement Bonds N/A All Required Inspection Fees $150.00 Building Site Approval Agreement N/A Park and Recreation Fee N/A fitted Date Date Date Date Date Submitted -- Date Submitted - -- --- Receipt # - - -- Submitted - = - -- Receipt# - - -- Submitted Receipt #_3719'- Signed - - -- Submitted - - -- Receipt# - -- It is, therefore, the Community Development Department recommendation that (tXl) (Final) Building Site Approvai for Howard Jameson SDR- 1546 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non- Compliance KoberT S. Shook Director of Community Development CITY OF SARATOGA AGENDA BILL NO. S5 DATE: 11/21/83 (12/7/83) DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty. C. Mgr. S SUBJECT: FINAL ACCEPTANCE FOR SDR - 1475, SARATOGA AVENUE Issue Sunnary All improvements required of the subject Building Site Approval have been satisfactorily completed. Reccmnendation Authorize release of the attached described bond. Fiscal Imoacts None Exhibits /Attachments 1. Memo describing bond Council Action 12/7: Approved on Consent Calendar 4 -0. TMII N MOORAND�IM 09TT o2 O&UMEMMO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Manager FROM: Director of Public Works DATE: Nov. 21, 19 83 SUBJECT: Tract SDR 1475 (Final Acceptance) Location: Saratoga Avenue All improvements required of SDR -1475 I and agreed to in the Improvement Agreement dated March 10, 1982 have been satisfactorily completed. Therefore, I recommend the improvement security posted to guarantee that agreement be released. The following information is included for your use: 1. Developer: Glidden Development Address: 958 Pershing Avenue, San Jose, CA. 95126 2. Improvement Security: Type: Surety Bond Amount: 20,500.00 Issuing Co.: Surety Insurance Company of California Address: Box 2430, La Habra, CA. 90631 Receipt, Bond or Certificate No.: 552505 3. Special Remarks: r S. Shook RSS /dsm CITY OP SARATOGA AEI. MA BILL NO. -5,52- DATE: Nov. 30, 1983 DEPARTMENT: Finance SUBJECT: Surplus Equipment Auction Initial: Dept. Hd. C. Atty. C. Mgr. Issue Summary As previously noted, in order to dispose of old and currently unused equipment items we recently held a sealed bid auction. It appears as though it was fairly successful in. that we eliminated the need to continue storing them, and at the same time made over $6,400. The attached "Exhibit A" lists the items that were successfully sold along with the revenue derived from each. "Exhibit B" lists those items.for which we received no bids. Recormiendation Approve the auction and authorize us to dispose of those items for which we received no bids ( "Exhibit B "). Fiscal Imoacts The sale produced $6,400 in revenue. E- -hibits /Attachments "Exhibit A" - Auctioned equipment. "Exhibit B" - Equipment not bid on. Council Action 12/7: Moyles /Clevenger moved to authorize disposal of items listed on Exhibit B. Passed 5 -0. .911 C Discription High Bid Amounts Ford Tractor LGT 165 $ 450.00 Ford Tractor Disc 51.00 Parker Sweeper 30.56 Yazzo Weed Mower 15.00 Edger Model 300 10.00 Lock Mower Model 23 80.00 Yard Vac Vacuum 55.63 Toro 72" Mower Deck 200.00 Cyclone Spreader 10.00 Metal Desk 20.00 Swivel Arm Chairs (3) 12.00 Swivel Typing Chairs (2) 30.51 Folding Tables (2) 21.00 Metal Desk 61.51 8 Foot Woods Tail Gate Chip Spreaders (2) 50.00 1970 Plymouth, 4 door ID# RL41GOA184402 476.00 1970 Plymouth, 4 door ID# RlAlGQA184400 476.00 1970 Plymouth, 4 door ID# RL41GOA184491 476.00 1971 Chevelle, 4 door ID# 134691L146267 810.00 1972 Chevrolet 1/2 ton truck ID# CCE142Z158412 963.00 1974 I.H. 1/2 ton truck ID# 4HIBODHB47389 576.00 Tool Box for Pick -Up Truck 75.00 Paper Folding Machine 10.00 "EXHIBIT A ". Continued Description High Bid Amounts Norelco Dictaphone $ 1.50 IBM Typewriter (older model) 37.00 Metal file box 10.00 White wooden lock boxes (2) 25.00 Camera -- polaroid 2.50 Norelco Dictaphone 2.25 Window Shades (3) 5.00 Electric Kiln Model B -27 -11 400.00 Piano, Cabinet Grand 70.00 Potter's Wheels (2) 420.00 Screen Doors (9) 5.00 Typing Table 3.75 Receipt Machine 3.00 Larger Potter's Wheel w /seat (2) 236.00 Potters Wheel (3) 228.00 Typing Table 7.00 Typing Chain' 5.00 TOTAL $ 6,420.21 "EXHIBIT B'' Tavel dispensors Phillips dictaphone Enlarger Enlarger CITY OF S1-jb OGA ACLrvDA BILL NO. S53 DATE: November 29, 1983 DEpj ,MN-r: City Attorney SUaiECP: Amendment to Sales Tax Ordinance Initial: Dept. Hd. C. Atty. C C. Mgr. Issue Stmman, The City has received a notification from the State Board'of Equalization requesting an amendment to our Sales Tax Ordinance be adopted prior to January 1, 1984. A copy of the notification is attached hereto. The change relates to the exemption of gross receipts on the sale of- personal property to operators of waterborne vessels to be used or consumed outside the City and exclusively for commercial purposes. This exemption was eliminated by the legislature but may be restored at a later date. Consequently, the form of ordinance submitted by the State Board of Equalization for adoption by cities provides for the repeal of the exemption as of January 1, 1984, and the restoration of the exemption in the event the legislature amends the State Revenue and Taxation Code, as expected. Recc=n ndation .Adoption of ordinance in the form submitted by the State Board of Equalization. Fiscal Imoacts There should be little or no fiscal impact upon the City since we do not have retail establishments catering to the operators of commercial waterborne vessels. Exhibits /Attachments (1) Proposed Ordinance; (2) Letter from State Board of Equalization dated November 18, 1983; (3) Copy of existing sections being amended. C01-mcil - fiction 12/7: Motion to read by title only, waiving further reading. Passed 5 -0. -_ _ -. _Mntinr is intrrvluCp. _Pag .serf, 5 -Q. 12/13: Callon /Moyles rroved to adopt Ordinance 38.114. Passed 4 -0. CI'T'Y Or S11RI IOCA AGENDA BILL NO. DATE: November 29, 1983 DEPt . ,MNT: City Attorney SUBJECT: Hazardous Materials Storage Permit Ordinance Initial: Dept. lid. C. Atty. C. Mgr. Issue Summary The County of Santa Clara has requested the City to adopt the model hazardous materials storage permit ordinance in order to provide a uniform system of regulation throughout the County. Unless the Ordinance is adopted prior to January 1, 1984, local control over the storage of hazardous materials will be preempted by state law, which is less restrictive. The. proposed Ordinance is identical to the Ordinance now being adopted by the County of Santa Clara. All responsibility for administration and enforcement of the Ordinance is being delegated to the County, thereby relieving the City .from direct liability in this regard and involvement in a subject matter for which we have no technical expertise. Further discussion of this Ordinance is contained in the memorandum from the City Attorney submitted herewith. :. Recom endation Adoption of Ordinance. Fiscal Impacts None; all responsibility for administration--and enforcement of the Ordinance has been delegated to the County of Santa Clara. The County is further = authorized to establish and collect fees to cover its costs relating to the Ordinance. Exhibits /Attac1zn -2nts (1) Memorandum from City Attorney; (2) CEOA determination; (3) Proposed Or inance Council Action 12/7: Motion to read by- title only, �.;aivmng - fu -ther- reading. -- Passed 5 -0. Mlotion -to introduce. Passed 5 -0. 12/13: Mallory/Moyles moved to adopt Ordinance 38.115. Passed 4 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL STEVEN G. BAIRD JACK L. BRIDGE GREGORY A. MANCHUK ATKINSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 04042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: HAROLD S. TOPPEL, City Attorney RE: Proposed Hazardous Materials Storage Permit Ordinance DATED: November 29, 1983 . M. ATKINSON, (1892-1982) L. M. FARASYN, (1915 -1979) In September 1983, the State Legislature enacted Assembly Bill No. 1362, commonly known as the Sher Bill. This legislation regulates the storage of hazardous materials in underground storage tanks and was adopted primarily in response to recent problems in Santa Clara County and elsewhere arising from leakage of hazardous and toxic materials into the public water supply. The Sher Bill provides that any City or County which has adopted an ordinance prior to January 1, 1984, which, at a minimum, requires double containment of underground storage facilities, the monitoring of such facilities and the issuance of permits therefor, is exempted from application of the state law. In the absence of such local ordinance, all underground storage of hazardous materials is regulated pursuant to the Sher Bill and the County government has sole responsibility for administration and enforcement of the state law. In other words, if the City of Saratoga elects not to adopt its own ordinance, the underground storage of hazardous materials within the City will be regulated by the Sher Bill and such regulations will be administered and enforced by the County of Santa Clara. Based upon the experience of County and local government in dealing with the storage of hazardous materials in the Santa Clara Valley, a model ordinance was prepared by the Santa Clara County Hazardous Materials Model Code Task Force and was approved by the Santa Clara County Intergovernmental Council on May 5, 1983. The model ordinance was subsequently revised to correspond with certain provisions contained in the Sher Bill and the final draft was furnished to us by the County Counsel barely one week ago. The same ordinance has now been presented to the County Board of Supervisors for adoption during December 1983. The County has requested that all cities within Santa Clara County adopt the model ordinance in order to provide a uniform system of regulation. Moreover, the scope of regulation under the model ordinance is much broader than state law. Aside from technical differences (which require expertise in this area to understand or discuss) some of the major distinctions between the model ordinance and state law are as follows: 1. The state law applies only to underground storage tanks whereas the model ordinance applies to any storage of hazardous materials, whether above or below ground. Memorandum to Saratoga City Council November 29, 1983 Page 2 2. The state law exempts certain storage facilities, such as tanks located on a farm for the storage of motor vehicle fuel, which are not exempted under the model ordinance. The model ordinance contains certain exclusions of its own, as set forth in Section 17 -8 of the proposed ordinance. The state law also exempts underground storage tanks for motor vehicle fuel installed after January 1, 1984, from certain design and construction standards, whereas the model act has no such exemption. 3. The model ordinance requires a more detailed Hazardous Materials Management Plan and Hazardous Materials Inventory Statement than required under state law. The model ordinance was drafted for adoption by cities who would then assume the responsibility for enforcement. This arrangement is not feasible in the case of Saratoga since we do not have the technical staff to administer the ordinance and delegation of the responsibility to a fire department would be complicated by the fact that two independent districts provide fire protection service to the City. Furthermore, the assumption by the City of direct responsibility for enforcement of the ordinance necessarily involves a potential exposure to liability in connection with the issuance of permits, granting of exemptions and variances and conduct of inspections. There is no reason why the City should incur this exposure when, by doing nothing, the storage of hazardous materials would still be regulated under the Sher Bill and all enforcement responsibility would be placed exclusively upon the County. These concerns were communicated by us to representatives of the County Executive and the County Counsel and it was agreed that the City, in its ordinance, would delegate to the County the entire responsibility for administration and enforcement of the ordinance. This delegation is now set forth in Section 17 -2 of the proposed ordinance. Although the possibility still exists for the City to be named as a defendant in a lawsuit based upon the negligent issuance of a permit or negligent inspection of a hazardous material storage facility, the City would have a sound basis for claiming total indemnification from the County which is exclusively responsible for this activity. The ordinance to be adopted by the City is identical to the model ordinance, except for the following changes: Addition of Section 17 -2, providing for delegation of all administra- tion and enforcement responsibilities to the County of Santa Clara. Addition of subsection 17 -5(b) containing a definition of "County" and subsection 17 -5(s) containing a definition of "City Manager." Amendment to the last paragraph in subsection 17- 11(c)(4) to provide that a copy of any notice of application for a variance shall be sent to the City Manager. Amendment to subsection 17- 26(c)(3) to include the City of Saratoga in the waiver referred to therein. Memorandum to Saratoga City Council November 29, 1983 Page 3 Amendment to subsection 17- 26(c)(3)(i) to include the City of Saratoga as one of the parties to be indemnified thereunder. Amendment to Section 17 -29 to include the City of Saratoga as a party to be indemnified thereunder. Amendment to subsection 17 -30(b) to include the City of Saratoga in the disclaimer of liability. Amendment to Section 17 -36 to provide that notice of any application for a permit must be given to the City Manager. Amendment to Sections 17 -51, 17 -53 and 17 -54 to provide that a copy of any decision for denial of a permit, notice of hearing on appeal and decision on appeal shall be furnished to the City Manager. Amendment to Section 17 -57 to provide that a copy of any notice of hearing of proceedings instituted for noncompliance shall be furnished to the City Manager. Amendment to Section 17 -60 to provide for a copy of the decision by the County Executive in noncompliance proceedings be furnished to the City Manager. Amendment to Section 17 -65 to include a reference to the City Code in addition to County ordinances. In this regard, it should be noted that the City Attorney's office is now preparing an ordinance for enforcement of the Saratoga City Code through the issuance of citations. This remedy would be available in the case of any violation of the Hazardous Materials Storage Ordinance. Amendment to subsection 17 -69(a) to include the City of Saratoga in the disclaimer of liability. As a final observation, it should be noted that the County of Santa Clara is not yet geared up to handle the responsibilities under its own ordinance and the similar responsibilities delegated to it by the City of Saratoga. The County is now engaged in discussions with the Central Fire District and may enter into an agreement with such District for administration of the ordinance throughout its jurisdiction plus the additional area of Saratoga now serviced by the Saratoga Fire District. These arrangements are strictly between the County and the Fire District and we do not expect any direct involvement by the City. NOTICE OF EXEMPTION TO: SECRETARY FOR RESOUI:CES FROM: City of Saratoga 1416 Ninth Street, Room 7.311 Dent. of Comm. Development Sacramento, California 95814 13777 Fruitvale Avenue X County Clerk Saratoga, California 95070 County of Santa Clara 191 North First Street San Jose, California 95112 PROJECT TITLE: Hazardous Material Storage Permits Ordinance PROJECT LOCATION.- Specific: City of Saratoga PROJECT LOCATION - City: Saratoga PROJECT LOCATION - County: Santa Clara DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: is to regulate the storage of hazardous materials public health, safety and welfare. The ordinance with similar ordinances adopted by the county and Residents, of both the City and the County will bei NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Saratoga NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: EXEMPT STATUS: (check one) Ministerial (Sec. 15073) The purpose of the ordinance to protect the environment and is a model ordinance compatible other cities in the county. Zefit. City of Saratoga Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b)(c)) X_ Categorical Exemption. (State type and section number): Sec. 15308 Actions by regulatory agencies REASON WHY PROJECT IS EXEMPT: Adoption of this ordinan for protection of the environment ce is for the purpose of maintaining and protecting the environment. The ordinance .specifies procedures for the protection of the environment as it relates to­'the storage of hazardous materials. CONTACT PERSON: Robert S. Shook, Director.of Community Develonment, City of Saratoga (408) - 867 -3438 If filed by applicant: 1. Attach certified document of exemption finding. N/A 2• Has a notice of exemption been filed by the public agency approving the project? Yes No CHAPTER 17 HAZARDOUS MATERIAL STORAGE PERMITS ARTICLE I. General Provisions Sec.17 -1 Purpose Sec. 17 -2 Administration and Enforcement Sec. 17 -3 General Obligation - Safety and Care Sec. 17 -4 Specific Obligtion Sec.17 -5 Definitions Sec. 17 -6 Professional Assistance for County Determinations ARTICLE II. Materials Regulated Sec. 17 -7 Materials Regulated Sec. 17 -8 Exclusions Sec. 17 -9 Underground Tanks ARTICLE III. Containment Standards Sec. 17 -10 Containment of Hazardous Materials Sec. 17 -11 New Storage Facilities Sec. 17 -12 Existing Storage Facilities Sec. 17 -13 Out of Service Storage Facilities Sec. 17 -14 Monitoring Sec. 17 -15 Maintenance, Repair or Replacement Sec. 17 -16 Handling Sec. 17 -17 Secured Facilities Sec. 17 -18 Emergency Equipment Sec. 17 -19 Posting of Emergency Procedures ARTICLE IV. Hazardous Materials Management Plan Sec. 17 -20 Hazardous Materials Management Plan Sec. 17 -21 Standard Form HMMP Sec. 17 -22 Short Form HMMP - Minimal Storage Site ARTICLE V. Hazardous Material Inventory Sec. 17 -23 Hazardous Materials Inventory Statement Sec. 17 -24 Information Required Sec. 17 -25 Public Records Sec. 17 -26 Trade Secrets ARTICLE VI. Responsibility Sec. 17 -27 Reporting Unauthorized Discharge -1- Sec. 17 -28 Cleanup Responsibility Sec. 17-29 Indemnification ARTICLE VII. Inspections and Records Sec. 17 -30 Inspections by County Sec. 17 -31 Inspections by Permittee Sec. 17 -32 Special Inspections Sec. 17 -33 Substituted Inspections Sec. 17 -34 Maintenance of Records ARTICLE VIII. Application for Permit Sec. 17 -35 Permit Sec. 17 -36 Application for Permit Sec. 17 -37 Investigation Sec. 17 -38 Approval of Permit Sec. 17 -39 Provisional Permit Sec. 17 -40 Temporary Permit Sec. 17 -41 Issuance of Permits Sec. 17 -42 Additional Approvals Sec. 17 -43 Term Sec. 17 -44 Renewal Sec. 17 -45 Determination Sec. 17 -46 Fees Sec. 17 -47 Transfer of Permit Sec. 17 -48 Effective Date of Permit ARTICLE IX. Denial Sec. 17 -49 Denial of Application Sec. 17 -50 Grounds for Denial Sec. 17 -51 Transmittal of Decision Sec. 17 -52 Appeal to County Executive Sec. 17 -53 Hearing on Appeal Sec. 17 -54 Disposition of Appeal ARTICLE X. Remedial Action Sec. 17 -55 Grounds for Remedial Action Sec. 17 -56 Notice of Noncompliance Sec. 17 -57 Notice of Hearing Sec. 17 -58 Suspension Prior to Hearing Sec. 17 -59 Remedial Action Sec. 17 -60 Transmittal of Decision Sec. 17 -61 Authority After Suspension, Revocation or Expiration Sec. 17 -62 Return of Permit -2- ARTICLE XI. Hearing Procedure Sec. 17 -63 Hearing Rules Sec. 17 -64 Hearing Notices ARTICLE XII. Enforcement Sec. 17 -65 Criminal Penalties Sec. 17 -66 Civil Penalties Sec. 17 -67 Civil Action for Retaliation Sec. 17 -68 Remedies Not Exclusive ARTICLE XIII. Miscellaneous Sec. 17 -69 Disclaimer of Liability Sec. 17 -70 Guidelines Sec. 17 -71 Duties are Discretionary Sec. 17 -72 Conflict with Other Laws ARTICLE XIV. Compliance Schedule Sec. 17 -73 Time Table for Initial Compliance -3- ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA ADDING CHAPTER 17 TO THE SARATOGA CITY CODE RELATING TO If HAZARDOUS MATERIALS STORAGE PERMITS SECTION 1: The City Council of the City of Saratoga does ordain as follows: The City Council finds and declares as follows: (a) A number of facilities in the City of Saratoga store hazardous materials in the normal course of conducting their operations; and (b) The public health, safety, and welfare of the citizens of the City may be endangered by the improper storage of such hazardous materials; and (c) It is necessary for protection of all citizens that the storage of hazardous, materials be regulated. SECTION 2: Chapter 17 (commencing with Section 17 -1) is hereby added to the Saratoga City Code, to read as follows: CHAPTER 17. HAZARDOUS MATERIAL STORAGE PERMITS AR.TI('LE T General Provisions Sec. 17 -1. Purpose. The purpose of this Chapter is the protection of health, life, resources, and property through prevention and control of unauthorized discharges of hazardous materials. Sec. 17 -2. Administration and Enforcement. The City of Saratoga hereby delegates to the County of Santa Clara, acting by and through such officers, employees, boards, commissions, agents, or other representatives as may be designated by said County, the duty and responsibility to administer and enforce the provisions of this Ordinance. The County of Santa Clara is further authorized to establish and collect fees and other charges payable by applicants and permittees hereunder and the County may retain such fees and charges to compensate itself for the costs of administering and enforcing this Ordinance. 11/28/83/N/TOP MMi -I- Sec. 17 -3. General Obligation - Safety and Care. (a) No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials: (1) In a manner which violates a provision of this Chapter or any other local, federal, or state statute, code, rule, or regulation relating to hazardous materials; or (2) In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge. (b) The County shall have discretion to exempt an applicant from any specific requirements of this Chapter, other than the requirement for secondary containment in underground storage facilities, except as provided in Section 17- 11(c)(4), or to require an applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this Chapter for protecting public health, safety, and welfare. Sec. 17 -4. Specific Obligation. (a) Any person, firm, or corporation which stores any material regulated by Section 17 -7 which is not excluded by Section 17 -8 shall obtain and keep current a Hazardous Materials Storage Permit. (b) All such hazardous materials shall be contained in conformity with Article III of this Chapter. (c) The storage of such hazardous materials shall be in conformance with the approved Hazardous Materials Management Plan. Sec. 17 -5. Definitions. Unless otherwise expressly stated, whenever used in this Chapter, the following terms shall have the meanings set forth below: (a) Abandoned, when referring to a storage facility, means out of service and not safeguarded in compliance with this Chapter. (b) County means the County of Santa Clara. (c) Facility means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site. (d) Hazard class means Explosives A, Explosives B, Explosives C, Blasting agents, Flammable liquids, Combustible liquids, Flammable solids, Oxidizers, Organic peroxides, Corrosive materials, Flammable gases, Nonflammable gases, Poisons A, Poisons B, Irritating materials, Etiologic agents, Radioactive materials, Other Regulated Material (ORM) A, B, C, D and E. For purposes of this Chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 as amended shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transporta- tion or hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this Chapter. -2- (e) Hazard material means any material which is subject to regula- tion pursuant to Article II of this Chapter. A mixture shall be deemed to be hazardous material if it either is a waste and contains any material regulated pursuant to Article II of this Chapter, or is a nonwaste and contains one percent 0 %) by volume or more of any material regulated pursuant to Article Il of this Chapter. (f) Officer means the employee assigned by County to administer this Chapter or any designee of such employee. (g) Permit means any Hazardous Materials Storage Permit issued pursuant to this Chapter, as well as any additional approvals thereto. (h) Permit quanity limit means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this Chapter. (i) Permittee means any person, firm, or corporation to whom a permit is issued pursuant to this Chapter and any authorized representative, agent or designee of such person, firm or corporation. (j) Pipes means pipeline systems which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel. (k) Primary containment means the first level of containment, i.e. the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained. (1) Product -tight means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment. To be product- tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained. - (in) Secondary containment means the level of containment external to and separate from the primary containment. (n) Single- walled means construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single - walled. (o) Storage facility means any one or combination of tanks, sumps, wet floors, waste - treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility. (p) Sump means a pit or well in which liquids collect. (q) Unauthorized discharge means any release or emission of any hazardous material which does not conform to the provisions of this Chapter, unless such release is in accordance with the release regulations of the Bay Area Air duality Management District and California Air Resources Board, with a National Pollutant -3- Discharge Elimination System Permit, with waste discharge requirements established by the Regional Water Quality Control Board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for Publicly Owned Treatment Works. Controlling agencies may differ for different local jurisdictions. (r) Wet floor means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis. (s) City Manager means the City Manager of the City of Saratoga. Sec. 17 -6. Professional Assistance for County Determinations. Whenever the approval or satisfaction of County may be required in this Chapter for a design, monitoring, testing or other technical submittal by an applicant or permittee, County may, in its discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to County, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this Chapter. County shall be entitled to rely on such evaluation and /or opinion of such engineer, chemist or professional consultant in making the relevant determina- tions provided for in this Chapter. ARTICLE II Materials Regulated Sec. 17 -7. Materials Reculated. The materials regulated by this Chapter, shall consist of the following: (a) Any material listed as a hazardous and /or extremely hazardous material or hazardous and /or extremely hazardous waste in Sections 66680 and 66685 of Title 22 of the California Administrative Code, as amended, whether such material is stored or handled in waste or nonwaste form; or (b) Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15,. as amended; or (c) Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class IIIA combustible liquid; or (d) Any material which is listed by the Director of the Department of Industrial Relations in Title 8, California Administrative Code Section 339, as amended, excluding all footnotes thereto and subject to the exclusions specified in this subsection. Such exclusions shall apply only to materials which are not otherwise regulated pursuant to this Section 17 -7. These exclusions shall be as follows: -4- (1) Materials recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them if such materials are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; hormones; enzymes; and aflatoxins. (2) Aluminum salts; Asphalt fumes; Atrazine; Benomyl; Bis (dimethylthiocarbamoyl) disulfide; Boron oxide; 4- tert - Butyl -2- chlorophenyl- methyl methylphosphoramidate; Camphor; Carbon black; 2- Chloro -6 (trichloromethyl) pyridine; Clopidol; Coal tar pitch volatiles; Cotton dust, Dibenzoyl peroxide ( Benzoyl peroxide); Dicyclopentadienyl iron; 3, 5- Dinitro -o- toluamide; 2, 6-Di- tert- butyl- p- cresol; Ferbam; Fumaric acid; Glass, fibrous or dust; Graphite, Helium; Iron oxide; Iron salts; Magnesium oxide; Mica; Mineral wool fiber; Oil mist; Phenothiazine; Phenyl ether; Phynyl ether- diphenyl (eutectic mixture), vapor; Phthalic anhydride; m- Phthalodinitrile; Poyltetrasluoreoethylene Decomposition products; Rhodium salts; Ronnel; Rosin core solder; Rotenone, commercial; Silica, Soapstone, Talc; Tantalum oxide; Terphenyls; and 4, 41- Thiobis (6 -tert- butyl -m- cresol). (e) Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing this material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the require- ments of the EPA and /or the Department of Health Services; or (f) Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety, or welfare. This subsection shall not establish a requirement to test for the purposes of this Chapter. Sec. 17 -8. Exclusions. This Chapter does not apply to the following: (a) Certain Elemental Metals. The following elemental metals included within the purview of Section 17 -7 shall not be considered hazardous materials for purposes of this Chapter unless they are stored in a friable, powdered or finely divided state: Aluminum, Beryllium, Cadmium, Chromium, Copper, Lead, Manganese, Molybdenum, Nickel, Rhodium, Silver, Tellurium, Tin, and Zinc. Furthermore, Tantalum, Titanium, Tungsten, and Uranium shall be excluded from regulation under this Chapter. (b) Retail Products. Hazardous materials when contained solely in consumer products packaged for distribution to, and use by, the general public or commercial products used at the facility solely for janitorial or minor maintenance purposes such as paint thinner or wax strippers. (c) Feed. use as animal feed. Hazardous materials when contained in a substance intended for -5- (d) Work Station. Hazardous materials located at a work station in a quantity reasonably required for use as determined by County under the circumstances. (e) Exemption. The County shall exempt any material from the requirements of this Chapter where it has been demonstrated to the satisfaction of County that the material in the quantity and /or solution stored does not present a significant actual or potential hazard to the public health, safety or welfare. Sec. 17 -9. Underground Tanks. Notwithstanding Section 17 -8 above and in addition to those materials regulated pursuant to Section 17 -7 above, a permit shall be required for the storage in an underground storage tank as defined by California Health and Safety Code Section 25280(m), of any material defined as a hazardous substance, in accordance with California Health and Safety Code Section 25280(c). ARTICLE III Containment Standards Sec. 17 -10. Containment of Hazardous Materials. No person, firm, or corporation shall store any hazardous materials regulated by this Chapter until a permit of approval has been issued pursuant to this Chapter. No permit or approval shall be granted pursuant to this Chapter unless permit applicant demonstrates to the satisfaction of County, by the submission of appropriate plans and other information, that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein. All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of County. County shall have the discretion to exempt an applicant from any specific requirement, except that the discretion with regard to underground storage facilities shall be exercised in accordance with Subsection 17- 11(c)(4) below; or to impose reasonable additional or different require- ments in order to better secure the purpose and general obligation of this Chapter for protection of public health, safety, and welfare. The guidelines approved pursuant to Section 17.70 shall serve as an interpretation of the provisions of this Article addressed in such guidelines. Sec. 17 -11. New Storage Facilities. (a) No person, firm or corporation shall construct or install any new storage facility until a permit or approval has been issued pursuant to this Chapter. (b) Monitoring Capability. All new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and presssure (STP) shall be designed and constructed with a monitoring system capable of detecting that the Mc hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by County. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided. - Whenever monitoring devices are provided, they shall, where applicable, be connected to attention - getting visual and /or audible alarms. (c) Containment Requirements. Primary and secondary levels of containment shall be required for all new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) unless exempted by County. (1) All primary containment shall be product- tight. (2) Secondary containment: (i) All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharged hazardous materials and so as to be capable of containing hazardous materials discharged from a primary container for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardus material. (ii) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 110% of the volume of the primary container. (iii) In the case of a storage facility with multiple primary containers, the secondary container shall be large enough to contain 150% of the volume of the largest primary container placed in it, or 10% of the aggregate internal volume of all primary containers in the storage facility, whichever is greater. (iv) If the storage facility is open to rainfall, then the secondary containment must be able to additionallly accommodate the volume of a twenty -four (24) hour rainfall as determined by a one hundred (100) year storm history. (3) Laminated, coated, or clad materials shall be considered single - walled and shall not be construed to fulfill the requirements of both primary and secondary containment. (4) Variance. (i) A variance from the requirement for secondary containment for an underground storage facility may be granted upon a written finding by the officer issuing the permit, which has been reviewed and approved by the County Board of Supervisors, that based on the special circumstances: -7- The requirement of secondary containment creates an unusual and particular hardship; and An equivalent degree of protection is provided by the proposed alternative; and The proposed alternative has been appropriately so certified as providing an equivalent degree of pro- tection, by an independent consultant retained in accordance with Section 17.6, or has been specified as potentially appropriate for a variance in the guidelines approved pursuant to Section 17.70. (ii) The County Board of Supervisors shall consider the variance, at a public meeting, at which oral or written presentation on the matter may be made. A notice which includes a statement that a variance from secondary contain- ment for hazardous materials will be considered, and which specifies the address of the facility seeking the variance, and the time and place of the meeting shall be given in the following manner: The Clerk of the Board shall cause a copy of the notice to be published once in a newspaper of general circulation in the City of Saratoga, not less than ten (10) days prior to the meeting; and The Clerk of the Board shall cause a copy of the notice to be mailed at least ten (10) days prior to the meeting to any party who files a written request with the Clerk of the Board, for mailed notice of meetings at which such variance is to be considered. Such written request for notice shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal request for such mailed notices shall be filed on or before April 1st of each year. A copy of the notice shall also be mailed at least ten (10) days prior to the meeting to the City Manager. (5) Variance - Construction and Monitoring Requirements. Underground storage tanks may be granted a variance from the standards for construction and monitoring set forth in this Article, other than from the requirement for double containment, only upon a written finding by the officer issuing the permit that the applicant has demonstrated by clear and convincing evidence: (i) That because of special circumstances not generally applicable to other property or facilities, including size, shape, design, topography, location, or surroundings, the strict application of the standards of this Chapter would be unnecessary to adequately protect soil and water from an unauthorized release; or -8- (ii) That strict application of the standards of this Chapter would increase practical difficulties not generally applicable to other facilities or property; and that the proposed alternative will adequately protect soil and water from an unauthorized release. _ (d) Overfill Protection. Means of overfill protection may be required for any primary container. This may be an overfill prevention device and /or an attention betting high level alarm. (e) Separation of Materials. Materials that in combination may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container shall be separated in both the primary and secondary containment so as to avoid intermixing. (f) Drainage System. Drainage of precipitation from within a storage facility containing hazardous materials which are liquids or solids at STP shall be controlled in a manner approved by the County so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled. Sec. 17 -12. Existing Storage Facilities. Any storage facility in existence as of the effective date of this Chapter, or any storage facility for which a building permit was issued prior to the effective date of this Chapter, which does not meet the standards of Section 17 -11, may be permitted pursuant to this Chapter as long as it is providing suitable storage for hazardous materials. In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a:-plan approved by County as set forth herein. (a) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP, shall be submitted to County as part of the Hazardous Materials Management Plan. (b) Monitoring under such plan shall include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each storage facility on a semi - annual or more frequent basis may be approved by County. (c) Alternative methods) ' of monitoring may include but are not limited to: pressure testing of piping systems, groundwater monitoring well(s) which are downgradient and adjacent to the storage facility; vapor analysis within the well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The number of well(s), depth of well(s), and sampling frequency shall be approved by the County. (d) Such monitoring devices and methods, as approved by County, shall be installed and operating within six (6) months of the issuance of a provisional permit in accordance with Sections 17 -39 and 17- 73(b)(1). County may grant an extension of this 'compliance date; however, such extension shall not exceed one (1) -9- additional year. The full term permit may be issued when compliance with this subsection has been achieved. (e) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by County whenever there has been any unauthorized discharge. It shall also be reviewed by County each time the permit is renewed.. In determining whether continued storage in such storage facility is suitable, County shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long term prevention measures which meet the intent of this Chapter. (f) Existing storage facilities which are not approved in accordance with this Section must be upgraded to comply with this Chapter or be closed in accordance with Section 17 -13 below within one (1) year of a decision not to issue a full term permit. An extension of time for compliance with this Subsection, not to exceed one (1) additional year, may be granted by County. Sec. 17 -13. Out of Service Storage Facilities. (a) No storage facility shall be abandoned. (b) Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected. (c) Any storage facility which is not being monitored and inspected in accordance with this Chapter must be closed or removed in a manner approved by County in accordance with Section 17 -42. (d) Any person, firm or corporation having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to locate such storage facility within six (6) months of the effective date of this Chapter. (e) Whenever an abandoned storage facility is located, a plan for the closing or removing or the upgrading and permitting of such storage facility shall be filed within ninety (90) days of its discovery. A closure plan shall conform to the standards specified in Section 17 -42. Sec. 17-14. Monitoring. (a) Monitoring Methods. Monitoring methods shall include at least one system for detecting leakage from the primary container. A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment shall be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by County. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided. Whenever monitoring devices are provided, they shall, where applicable, be connected to attention - getting visual and /or audible alarms. -10- (b) Monitoring, Testing and Inspection. Every permittee under this Chapter shall provide testing, monitoring (if applicable), and inspections in compliance with the Hazardous Materials Management Plan and shall maintain records adequate to demonstrate compliance therewith. - Sec. 17 -15. Maintenance, Repair or Replacement. (a) Permittee will carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep. (b) Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to County and approved in accordance with Section 17 -42 prior to the initiation of such work. (c) Permittee may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, permittee shall seek approval pursuant to Section 17 -42 by submitting drawings or other information adequate to describe the repairs to County. (d) Replacement of any storage facility for hazardous materials, which are liquids or solids at STP, must be in accordance with the new installation standards of Section 17 -11. Sec. 17-16. Handling. (a) Dispending and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized discharge. (b) When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous material and such movement shall be in a manner which will not result in an unauthorized discharge. Sec. 17 -17. Secured Facilities. Access to the storage facilities shall be secured by means of fences and /or locks. The access to the storage facilities shall be kept securely locked when unattended. Sec. 17 -18. Emergency Equipment. Emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment shall be regularly tested and adequately maintained. Sec. 17 -19. Posting of Emergency Procedures. Simplified emergency procedures shall be posted conspicuously in locations where hazardous materials are stored. -11- ARTICLE IV Hazardous Materials Management Plan Sec. 17 -20. Hazardous Materials Management Plan. Each applicant for a permit pursuant to this Chapter shall file a written plan, for County approval, to be known as a Hazardous Materials Management Plan (HMMP), which shall demonstrate the safe storage and handling of hazardous materials. The HMMP may be amended at any time with the consent of County. The HMMP shall be a public record except as otherwise specified. Approval of the HMMP shall mean that the HMMP has provided adequate information for the purposes of evaluating the permit approval. Such approval shall not be understood to mean that County has made an independent determination of the adequacy of that which is described in the HMMP. Sec. 17 -21. Standard Form HMMP. The standard form Hazardous Materials Management Plan must be submitted unless the facility qualifies as a minimal storage site under Section 17 -22 below. The HMMP shall include the following: (a) Facility Description. (1) General Information. The HMMP shall contain the name and address of the facility and business phone number of applicant, the name and titles and emergency phone numbers of the primary response person and an alternate, the number of employees, number of shifts, hours of operation, and principal business activity. (2) General Facility Description. The HMMP shall contain a map drawn at a legible scale and in a format and detail determined by County. It shall show the location of all buildings and structures, chemical loading areas, parking lots, internal roads, storm sewer drains, and shall specify the uses of adjacent properties. The County may also require information as to the location of wells, flood plains, earthquake faults, surface water bodies, and /or general land uses (schools, hospitals, institutions, residential areas) within one mile of the facility boundaries. (3) Facility Storage Map. The HMMP shall contain a Facility Storage Map at a legible scale for licensing and enforcement purposes. The informa- tion in this Section is provided for purposes of ensuring the suitable and secure storage of hazardous materials and for the protection and safety of response personnel of County. County shall take reasonable precautions to ensure the confidentiality of the information provided pursuant to this Subsection. The Facilities Storage Map shall indicate the location of each hazardous materials storage facility, including all interior, -12- exterior, and underground storage facilities, And access to such storage facilities. In addition, the map shall indicate the location of emergency equipment related to each storage facility, and the general purpose of the other areas within each facility. For each storage facility, the map shall contain informa- tion as prescribed below; except that where the hazardous material being stored is a trade secret, it shall be identified in a coded manner (together with its key) and not in a manner which would reveal trade secret information: (i) A floor plan to scale and the permit quantity limit; (ii) For each nonwaste hazardous material which is stored in a quantity greater than the quantities specified in Section 17- 24(a), the general chemical name, common /trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state. For each waste hazardous material stored in any quantity within the storage facility, the presence of wastes shall also be indicated; (iii) For all hazardous materials, including wastes, stored in each facility, the hazard class or classes and the quantity range for each such class, aggregated within each storage facility, in the following ranges: Quantity Range Number Range Amounts Up to and including 500 pounds for solids, 55 gallons for liquids, and 200 cubic feet at STP for compressed gases; Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids, and 200 and 2,000 cubic feet at STP for compressed gases; 3 Between 5,000 and 25,000 pounds for solids, 550 to 2,750 gallons for liquids, and 2,000 to 10,000 cubic feet at STP for compressed gases; 4 Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids, and 10,000 and 20,000 cubic feet at STP for compressed gases; 5 More than 50,000 pounds for solids, 5,500 gallons for liquids, and 20,000 cubic feet at STP for compressed gases; (iv) For materials not regulated under this Chapter, but regulated under the Uniform Fire Code, such as radioactives or cryogens, or for materials stored in storage facilities exempted by Sections 17 -72(a) or 17- 72(b), the County may require that the hazard class or classes and the quantity range of each such hazard class, using the quantity ranges listed in Subsection (iii) above, be provided; -13- (v) For tanks, the capacity limit of each tank, and the hazardous material contained in each tank by general chemical name, common /trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state. (4) Confidentiality of Facility Storage Map. Due to the threat to the security of the facility posed by the disclosure of the information in the Facility Storage Map, this information shall be maintained by County for law enforcement purposes only and shall not be made public. Public disclosure of this information could endanger the security of the facility or present a clear danger to public health and safety. County shall not disclosure this information to the public without the consent of the permittee or permit applicant unless ordered to do so by a court of competent jurisdiction. Permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a lawsuit to compel disclosure shall be given by County to permittee or permit applicant. However, County shall be under no duty to prevent disclosures where there has been any unauthorized discharge of hazardous materials stored in storage facility(s) shown on such map or where such disclosure arises out of any official emergency response relating to the storage facility(s). (5) Updating of Facility Storage Map. The Facility Storage Map shall be updated annually or whenever an additional approval is required for the facility or whenever the Hazardous Materials Inventory Statement is required to be amended pursuant to Section 17 -23. (b) Hazardous Materials Inventory Statement. A Hazardous Materials Inventory Statement shall be filed in accordance with Article V of this Chapter. (c) Separation of Materials. The HMMP shall contain a description of the methods to be utilized to ensure separation and protection of stored hazardous materials from factors which may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of the primary or secondary containment. . (d) Monitoring Program. The HMMP shall contain a description of the location, type, manufacturer specifications (if applicable), and suitability of monitoring methods to be used in each storage facility storing hazardous materials which are liquids or solids at STP. It shall also specify the frequency of inspections of storage facilities which will be conducted by the permittee. (e) Recordkeeping Forms. The HMMP shall contain an inspection check sheet or log designed to be used in conjunction with routine inspections. The check sheet or log sheet shall provide for the recording of the date and time of inspection and, for monitoring activity, the date and time of any corrective action taken, the name of the -14- inspector, and the countersignature of the designated safety manager for the facility or the responsible official as designated in the HMMP. (f) Emergency Equipment. The HMMP shall describe emergency equipment availability, testing, and maintenance. (g) Variation in Information. (1) Additional information may be required for the HMMP where such information is reasonably necessary to meet the intent of this Chapter. (2) Requirements for information in the HMMP may be waived where such information is not reasonably necessary to meet the intent of this Chapter. (3) Whenever permittee has submitted a plan which includes substantially the same information as is required for any component(s) of the HMMP to any other public agency regulating hazardous materials, such plan may be submitted to County in lieu of such component(s). The County may give deference to any approval of such plan by the other public agency. Sec. 17 -22. Short Form HMMP- Minimal Storage Site. (a) A facility shall qualify as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the facility is 500 pounds or less for solids, 55 gallons or less for liquids, or 200 cubic feet or less at STP for compressed gases. (b) The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the short form Hazardous Material Management Plan. Such plan shall include the following components: (1) General application information; (2) A simple line drawing of the facility showing the location of the storage facilities and indicating the hazard class or classes and physical state of the hazardous materials being stored and whether any of the material is a waste; (3) The short form HMMP shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen listed in Sections 5208 -5215 and Section 5219 of Title 8 of the California Administrative Code, as amended. This provision will be satisfied by the submittal to County of a copy of the Carcinogen Registration form submitted to the California Depart- ment of Industrial Relations in accordance with the above cited sections of Title 8 of the California Administrative Code, as amended. (4) Information describing that the hazardous materials will be stored in a suitable manner and will be appropriately contained, separated and monitored; -15- (5) Description of emergency equipment to be maintained; (6) Assurance that the disposal of any hazardous materials will be in an appropriate manner. (c) Where a claim for trade secret protection pursuant to Section 17 -26 is made for any carcinogen listed in Sections 5208 -5215 and Section 5219 of Title 8 of the California Administrative Code, as amended, pursuant to Subsection 17- 22(b)(3) above, the Carcinogen Identification form to be publicly disclosed shall identify all carcinogens not claimed to be trade secrets and it shall indicate the a number of carcinogens claimed to be trade secrets. ARTICLE V Hazardous Material Inventory Sec. 17 -23. Hazardous Materials Inventory Statement. A Hazardous Materials Inventory Statement (HMIS) shall be filed with County in accordance with this Article. Any person, firm, or corporation which stores any hazardous material in an amount which is equal to or greater than the quantities specified in Section 17 -24(a) is required to file an HMIS. Such person, firm or corporation shall amend the HMIS within thirty (30) days of the storage of any hazardous material not listed thereon but required to be listed by Section 17- 24(a), or of an increase above the quantity range listed in accordance with Section 17.24(c) or required to be identified in accordance with Section 17- 24(d). Sec. 17 -24. Information Required. (a) Information shall be included in the HMIS for each hazardous material stored in a facility (aggregated over all such material stored in one or more storage facilities) where the aggregate quantity throughout the facility is greater than five hundred (500) pounds in weight for solids, greater than fifty -five (55) gallons for liquids, or greater than two hundred (200) cubic feet at standard temperature and pressure (STP) for compressed gases. (b) -The information in the HMIS shall include either: (1) For non - wastes: The general chemical name, common /trade name, major constituents for mixtures, the manufacturer, United Nations (UN) or North America (NA) number, if available, and the hazard class or classes and the Material Safety Data Sheet (MSDS) or equivalent information as required by County. (2) For wastes: The Department of Health Services manifest for wastes or equivalent information, and the hazard class or classes. -16- (c) In addition, the HMIS shall state the aggregate quantity range stored at the facility of each hazardous material listed in terms of the quantity ranges stated in Section 17- 21(a)(3)(iii) above. (d) The HMIS shall also include a carcinogen identification which shall indicate the storage of any quantity of any carcinogen listed in Sections 5208- 5215 and Section 5219 of Title 8 of the California Administrative Code, as amended. This provision will be satisfied by the submittal to County of a copy of the Carcinogen Registration form submitted to the California Department of Industrial Relations in accordance with the above cited sections of Title 8 of the California Administrative Code, as amended. (e) Where a claim for trade secret protection is made for any hazardous material pursuant to Section 17 -26, the HMIS to be publicly disclosed shall indicate the number of materials claimed to be trade secrets and the aggregate quantity range stored at the facility for each such hazardous material stated in terms of the quantity ranges set forth in Section 17- 21(a)(3)(iii). Where a claim for trade secret protection is made for any carcinogen identified pursuant to Subsection 17 -24(d) above, the Carcinogen Registration form to be publicly disclosed shall indicate all carcinogens not claimed to be trade secrets and it shall indicate the number of carcinogens claimed to be trade secrets. Sec. 17 -25. Public Records. The HMIS is a public record except that no trade secret shall be disclosed. Any request for a public record hereunder shall be submitted in writing to the County officer responsible for administering this Chapter. Sec. 17 -26. Trade Secrets. (a) Permittee or permit applicant may make a claim for the protection of the identity of any hazardous material which is its trade secret by filing a declaration under penalty of perjury on a form provided by County, signed by permittee or permit applicant, supporting the trade secret status, for each such hazardous material asserted to be a trade secret. The name of the hazardous material shall not be disclosed on said declaration. (b) The exact name of the trade secret material, its quantity range by storage facility, and all other information required under Section 17 -24(b) must, subject to the approval of County, be placed in a double -keyed lockbox and maintained in at least two locations at the facility. One key shall be provided to County at the time the permit becomes effective. The other key shall be maintained on site at all times, and readily accessible to permittee's designated emergency response person. Such emergency response person shall cooperate with County in opening the lockbox at any time County responds to an emergency or unauthorized discharge on the site involving the storage facility in which the trade secret material is contained. In the event that the permittee's designated emergency response person is not immediately available to assist County emergency response personnel to open the lockbox, such County personnel are authorized to break the lockbox. (c) In addition to providing the lockboxes, the permittee or permit applicant shall provide information to County under one of the following alternatives: (1) Alternative One. -17- In lieu of submitting the exact chemical name of said trade secret material, permittee or permit applicant may submit a description of the hazardous material, including but not limited to, the chemical and physical properties, hazard class, reactivity charac- teristics, fire and explosion characteristics, of trade secret material, at a level of specificity satisfactory to County, and on a form provided by County. The description must include health hazard information including remedies and countermeasures appropriate for emergency response and in case of human exposure to the trade secret material. Such description must be adequate to enable County to assess the suitability of the proposed containment and the proposed monitoring plan. The description must be certified as accurate, in writing, by a chemist or chemical engineer; or (2) Alternative Two. Instead of submitting the name of the trade secret to County, the trade secret information, together with all submittals pursuant to this Chapter, may be submitted to an independent chemical engineer or equivalent licensed professional, subject to approval by County, who shall certify, in writing, the suitability of the containment design, the monitoring methods and plans, and the separation of materials, and the accuracy of the facility storage map with regard to the information relavant to the trade secret. All such submittals remain subject to County's review and approval under this Chapter; or (3) Alternative Three. The trade secret information sought to be protected may be submitted to County on a separate form or forms, clearly and conspicuously marked or labeled as containing trade secret informa- tion, and said form or forms must be submitted only to a County official designated by County to receive trade secret information. If this method of protecting the trade secret information is chosen by permittee or permit applicant, such party shall also submit a waiver, relieving County and the City of Saratoga of any and all liability resulting from disclosure of the trade secret in violation of this Article. (i) The County official shall endeavor to protect from disclosure any and all trade secrets which come into County's possession pursuant to this subsection. If an action is instituted under California Public Records Act for the release of such trade secrets, the permittee or permit applicant shall be deemed a real party in interest in any such action. Notice of a lawsuit to compel disclosure shall be given by County to permittee or permit applicant promptly upon receipt of such notice by County. The permittee or permit applicant shall have the option to defend any such action. The permittee or permit applicant shall indemnify County and the City of Saratoga in any such action. The permittee or permit applicant shall indemnify County and the City of Saratoga for all attorneys fees, costs and expenses incurred in any proceeding related to this Section, as well as for any judgment imposed pursuant to California Government Code Section 6259. -18- (ii) . Any information reported to the County officer, under this subsection, which is exempt from disclosure pursuant to this Section, shall not be disclosed to anyone other than as required by law, except an officer or employee of County in connection with the official duties of such officer or employee under any law for the protection of health, or to contractors with the County and their employees, if in the opinion of the County officer such disclosure is necessary and, required for the satisfactory performance of a contract for performance of work. (iii) Any person who by virtue of employment, contractual relationship or official position has obtained posses- sion of or has had access to information, the disclosure of which is prohibited by this Section, and who knowing that disclosure of the information is prohibited, intentionally or recklessly discloses the information in any manner to any person not entitled to receive it, or uses the information for his or her own use or advantage, shall be guilty of a misdemeanor. (iv) Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protections against disclosure as specified by such official or in accordance with the laws of the United States. (v) The County Board of Supervisors shall, by resolu- tion, adopt a procedure designed to prevent knowing or negligent disclosure of trade secret information. Such procedure shall identify which officials shall have access to the information, and the means by which access will be controlled and monitored. Trade secret information shall be maintained by County in secured facilities which are designed to prevent inadvertent or unauthorized access or disclosure. (vi) The confidential treatment, pursuant to this subsec- tion, of the identity of such trade secret disclosed to County does not apply where there has been any unauthorized discharge related to such trade secret material which is reportable in compliance with Section 17 -27 or where such disclosure arises out of any official emergency response relating to the storage facility(s) involving such trade secret information by public safety personnel of County. ARTICLE VI Responsibility Sec. 17 -27. Reporting Unauthorized Discharge. (a) Liquids and Solids at STP. As soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or -19- unconfirmed unauthorized discharge of a hazardous material which is liquid or solid at STP, such person shall take all necessary steps to ensure the discovery and containment and clean up of such discharge and shall notify County of the occurrence as required by this Section. (b) Confirmed Unauthorized Discharge. (1) Recordable Unauthorized Discharge. Any recordable unauthorized discharge of a liquid or solid at STP shall be contained and safely disposed of in an appropriate manner by permittee and such occurrence and the response thereto shall be recorded in the permittee's monitoring records. A recordable unauthorized discharge is any unauthorized discharge of a hazardous material which meets all of the following criteria: (i) The discharge is from a primary containment to a secondary containment or to a rigid above ground surface covering capable of containing the discharge until cleanup of the hazardous material is completed; and (ii) The permittee is able to adequately clean up the discharge before it escapes from such secondary containment or such above ground surface, but if the cleanup requires more than eight (8) hours, it becomes a reportable discharge in accordance with Subsection 17- 27(b)(2) below; and (iii) . There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of such secondary containment or such rigid above ground surface. (iv) An otherwise recordable unauthorized discharge does not need to be recorded if the discharge is not the result of the deterioration or failure of the primary container and the quantity discharged is less than one (1) ounce by weight, and can be cleaned up within fifteen (15) minutes. (2) Reportable Unauthorized Discharge. Any unauthorized discharge which is not determined to be recordable under Subsection 17- 27(b)(1) above, must be reported to County immediately. The reporting party shall provide information to County relating to the ability of permittee to contain and dispose of the hazardous material, the estimated time it will take to complete containment and disposal, and the degree of hazard created. County may verify that the hazardous material is being contained and appropriately disposed. County, at any time upon a determination that permittee is not adequately containing and disposing of such hazardous material, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and /or safety. (c) Unconfirmed Unauthorized Discharge. (1) Indication of Loss in Inventory Records. -20- Whenever a material balance or other inventory record, employed as a monitoring technique under the HMMP, indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, permittee shall have five (5) working days to determine whether or not there has been an unauthorized discharge. If before the end of such period, it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in permittee's monitoring records. Where permittee has not been able, within such period, to determine that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with Subsection 17- 27(b)(2) above. (2) Test Results. Whenever any test results suggest possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means, the permittee shall have five (5) working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in permittee's monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with Subsection 17- 27(b)(2) above. (d) Gases at STP. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, must immediately report such discharge to County if such discharge presents a threat of imminent danger to public health and safety. (e) Office of Emergency Services. County shall submit a written report to the Office of Emergency Services within ten (10) working days from the date that County is notified of an unauthorized discharge from an underground storage tank. Sec. 17 -28. Cleanup Responsibility. Any person, firm or corporation responsible for storing the hazardous material shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual. County shall undertake actions to remedy the effects of such unauthorized discharge itself, only if it determines that it is reasonably necessary under the circumstances for County to do so. The responsible party shall be liable to reimburse County for all costs incurred by County in remedying the effects of such unauthorized discharge, including the costs of fighting fires, to the extent allowed by law. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing the hazardous material(s) in causing or allowing such discharge. Any responsible party who undertakes action to remedy the effects of unauthorized discharge(s) shall not be barred by this Chapter from seeking to recover appropriate costs and expenditures from other responsible parties except as provided by Section 17 -29. -21- Sec. 17 -29. Indemnification. The permittee shall indemnify, hold harmless and defend County and the City of Saratoga against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with permittee's operations under this permit. ARTICLE VII Inspections and Records Sec. 17 -30. Inspections by County. County may conduct inspections, at its discretion, for the purpose of ascertaining compliance with this Chapter and causing to be corrected any conditions which would constitute any violation of this Chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials. Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to Section 17 -26 to anyone other than the official designated for that purpose pursuant to Section 17- 26(c)(3), except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. Therefore, permittee may put temporary coverings over the labels of trade secret materials during the course of County inspections conducted by other than the County official so designated. (a) Right of Entry. Whenever necessary for the purpose of investigating or enforcing the provisions of this Chapter, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes a violation of this Chapter, said officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of said respective officers by law; provided that if such structure or premises be occupied, the officer shall first present proper credentials and request entry, and further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry. (b) Inspections by County - Discretionary. All inspections specified herein shall be at the discretion of County and nothing in this Chapter shall be construed as requiring County to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this Chapter shall be construed to hold either County or the City of Saratoga, or any officer, employee or representative of either County or the City of Saratoga responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection. Sec. 17 -31. Inspections by Permittee. The permittee shall conduct regular inspections of its own facilities to assure compliance with this Chapter and shall maintain logs or file reports in -22- accordance with its Hazardous Materials Management Plan. The inspector conducting such inspections shall be qualified to conduct such inspections. Sec. 17-32. Special Inspections. In addition to the inspections specified above, County may require the periodic employment of special inspectors to conduct an audit or assessment of permittee's facility, to make a hazardous material safety evaluation and to determine compliance with the provisions of this Chapter. (a) The special inspector shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of County. (b) The special inspection report shall include an evaluation of the facilities and recommendations consistent with the provisions of this Chapter where appropriate. A copy of the report shall be filed with County at the same time that it is submitted to permittee. (c) Permittee shall, within thirty (30) days of said report, file with County a plan to implement all recommendations, or shall demonstrate to the satisfaction of County why such recommendations should not be implemented. Sec. 17 -33. Substituted Inspections. An inspection by an employee of any other public agency may be deemed by County as a substitute for any requirement above. Sec. 17 -34. Maintenance of Records. All records required by this Chapter shall be maintained by the permittee for a period of not less than three (3) years. Said records shall be made available to County during normal working hours and upon reasonable notice. ARTICLE VIII Application for Permit Sec. 17-35. Permit. Any person, firm or corporation which stores any hazardous material shall obtain and keep current a Hazardous Material Storage Permit issued pursuant to this Chapter. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed, repaired as required by Section 17 -15, substantially modified, replaced, closed, or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior approval. Notwithstanding the above, permittee shall have thirty (30) days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, shall require prior additional approval. -23- See. 17 -36. Application for Permit. Application for a new, amended, or renewed permit or an additional approval shall be made to the designated officer on the form provided by County. In addition to the information required by such form, applicant shall submit the Hazardous Materials Management Plan required by Section 17 -20 and construction plans, if any, in conformity with Section 17 -10. Applicant shall specify the permit quantity limit requested to be permitted for each storage facility. County's designated officer shall give written notice of such application having been filed to the City Manager. Sec. 17 -37. Investigation. The officer to whom an application for a new or renewed permit is made may make such investigation of the applicant and the proposed facility or activity as such officer deems necessary to carry out the purposes of this Chapter. Sec. 17 -38. Approval of Permit. A permit shall not be approved until the issuing officer is satisfied that the storage approved adequately conforms to the provisions of this Chapter. Sec. 17 -39. Provisional Permit. If the officer to whom application has been made finds that the proposal does not completely conform to the provisions of this Chapter, the officer may approve a provisional permit, subject to conditions to be imposed by the officer, when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full term permit was not issued. Sec. 17 -40. Temporary Permit. A Temporary Permit for storage may be issued where storage does not exceed thirty (30) days and occurs no more frequently than every six (6) months. The Containment Standards of Article III, the Hazardous Materials Management Plan of Article IV and the Inspection and Records requirements of Article VII may be modified as appropriate under these circumstances for the storage of hazardous materials on a non - regular temporary basis. Sec. 17 -41. Issuance of Permits. (a) Issuance. Upon the approval of a temporary, provisional, or full term permit by the officer and upon the payment of any applicable fee, the officer shall issue and deliver the permit to the applicant. Such permit shall contain the following information: (1) The name and address of the permittee for purposes of notice and service of process; (2) The address of the facility for which the permit is issued; (3) Authorization for the storage facility(s) approved under the permit, the permit quantity limit(s) and the approved hazard class -24- or classes for the storage facility(s); (4) The date the permit is effective; (5) The date of expiration; (6) When applicable, a designation that the permit is provisional or temporary; (7) Any special conditions of the permit. (b) Records. attached thereto. The officer shall keep a record of all permits issued and all conditions Sec. 17 -42. Additional Approvals. (a) When a request for an additional approval is filed as required by Section 17 -35, the procedures set forth in this Chapter for an application for a permit shall also apply to an application for an additional approval. Each application for an additional approval shall be accompanied by an appropriate amendment to the HMMP. (b) If the additional approval request is for closure of a storage facility, permittee shall apply for approval to close such storage facility not less than thirty (30) days prior to the termination of the storage of hazardous materials at the storage facility. Such closure shall be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in each storage facility in a manner that: (1) Minimizes the need for further maintenance; and (2) Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the storage facility is minimized or eliminated; and (3) Demonstrates that hazardous materials that were stored in the storage facility will be removed, disposed of, neutralized, or reused in an appropriate manner. This thirty (30) day period may be waived by County if there are special circumstances requiring such waiver. Sec. 17-43. Term. A permit may be issued for a term of five (5) years, excepting provisional permits which may be issued for any period of time up to six (6) months and temporary permits which may be issued for no longer than thirty (30) days. Sec. 17-44. Renewal. Every application for the renewal of a permit or extension of a provisional permit shall be made at least thirty (30) days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit shall remain in effect until County has made its determination pursuant to Section 17- 45 and any administrative appeal pursuant to Article IX has been exhausted. -25- Sec. 17 -45. Determination. County shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety (90) days from the date that the application has been completed or compliance with the appropriate provisions = of the California Environmental Quality Act (CEQA), has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between County and applicant. Sec. 17-46. Fees. County shall establish fees by resolution sufficient to recover its costs in administering this Chapter and no application shall be accepted unless and until the fees have been paid. (a) Delinquent Fees. All permit fees delinquent for thirty (30) days or more shall be subject to an additional charge to be determined by County which shall be added to the amount of the fee collected. (b) Refund of Fees. No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a facility prior to the expiration of the term or that the permit is suspended or revoked prior to the expiration of the term. Sec. 17 -47. Transfer of Permit. The permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this Chapter at the time of the transfer of the business and document such transfer on a form provided by County within thirty (30) days of transfer of ownership of the business. Such transfer shall be subject to the approval of County. Sec. 17 -48. Effective Date of Permit. No permit shall become effective until the permit has been signed and accepted by the permittee. Where the permittee is a company, firm or corporation, the acceptance must be signed by a person having the legal authority to bind the permittee. ARTICLE IX Denial Sec. 17 -49. Denial of Application. If the officer to whom application has been made has cause to deny the application and determines that it would not be feasible or in the public interest to approve a temporary or provisional permit, then the officer shall deny the application. -26- Sec. 17 -50. Grounds for Denial. A permit shall be denied if the applicant fails to demonstrage adequate conformity to the provisions of this Chapter. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Article X. Sec. 17 -51. Transmittal of Decision. The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based. A copy of such decision shall also be furnished to the City Manager. Sec. 17 -52. Appeal to County Executive. Within thirty (30) days from the date of deposit of the decision in the mail in accordance with Section 17 -64, the applicant may appeal, in writing, to the County Executive, or the designee thereof, setting forth with particularity the ground or grounds for the appeal. Sec. 17 -53. Hearing on Appeal. The County Executive shall set a time and place for the hearing on the appeal and shall notify the applicant, in writing, of such date and time, not later than ten (10) working days from the date the appeal was received by the County Executive. A copy of such notice shall also be furnished to the City Manager. The hearing shall be conducted within thirty (30) days from the date the appeal was received by the County Executive. Sec. 17 -54. Disposition of Appeal. . After the hearing on the appeal, the County Executive, or Designee thereof, may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a provisional permit as provided in Section 17 -39 or may approve the application with or without conditions. The decision of the County Executive shall be the final administrative determination and is subject to judicial review. A copy of such decision shall be furnished to the City Manager. ARTICLE X Remedial Action Sec. 17 -55. Grounds for Remedial Action A permit may be subjected to remedial action for any of the following causes, arising from the acts or omissions of the permittee, either before or after a permit is issued: (a) Fraud, willful misrepresentation, or any willful inaccurate or false statement in applying for a new or renewed permit; (b) Fraud, willful misrepresentation, or any willful inaccurate or false statement in any report required by this Chapter; (c) Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance; -27- (d) Failure to correct conditions constituting an unreasonable risk of an unauthorized discharge of hazardous materials within a reasonable time after notice from a governmental entity other than County; (e) Failure to abide by the remedial action imposed by County. Sec. 17 -56. Notice Noncompliance. Unless the County Executive finds that an immediate suspension under Section 17 -58 is necessary to protect the public health or safety from imminent danger, the officer shall issue a notice of noncompliance: (a) For failure to comply with the provisions of this Chapter, any permit conditions or any provisions of the Hazardous Materials Management Plan; or (b) Before instituting remedial action pursuant to Section 17- 55(d). Such notice shall be sent by certified mail to permittee. If the noncompliance is not abated, corrected, or rectified within the time specified, remedial action may be taken. Sec. 17 -57. Notice of Hearin . A notice of hearing shall be given to the permittee by the County Executive in writing, setting forth the time and place of the hearing, the ground or grounds upon which the remedial action is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be given at least fifteen (15) days prior to the hearing date. A copy of such notice shall be furnished by the County Executive to the City Manager. Sec. 17 -58. Suspension Prior to Hearing. Whenever the County Executive finds that suspension of a permit prior to a hearing for remedial action is necessary to protect the public health or safety from imminent danger, the County Executive may immediately suspend any permit pending the hearing for remedial action. The County Executive shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee. Permittee shall have the opportunity for a preliminary hearing with regard to such prehearing suspension within three (3) working days of receiving written notice of such suspension. Sec. 17 -59. Remedial Action. If the County Executive after the hearing, finds that cause exists for remedial action, the County Executive shall impose one or more of the following: (a) A warning; (b) An order to correct the particular noncompliance specified in the notice issued pursuant to Section 17 -56; (c) A revocation of the permit for the facility or for a storage facility and approval of a provisional permit; (d) Suspension of the permit for the facility or for a storage facility for a specified period not to exceed six (6) months; -28- (e) Modification or addition of conditions of the permit; (f) Revocation of the permit with no reapplication permitted for specified period not to exceed five (5) years. If the grounds for remedial action are based on Section 17- 55(c), (d) or (e) and if such grounds are limited to one storage facility, the remedial action taken shall be limited to that storage facility. Sec. 17 -60. Transmittal of Decision. Within ten (10) days of the hearing the County Executive shall render a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the County Executive shall be the final administrative determination and is subject to judicial review. A copy of such decision shall be furnished to the City Manager. Sec. 17 -61. Authority After Suspension, Revocation or Expiration. The suspension, revocation or expiration of a permit issued under this Chapter shall not prevent any proceedings to investigate such permit, any remedial action against such permittee or any proceeding against such permittee. Sec. 17 -62. Return of Permit. In the event that a permit issued under the provisions of this Chapter is suspended or revoked, the permittee shall forward it to the issuing officer not later than the end of the third business day after notification of such suspension or revocation. ARTICLE XI Hearing Procedure Sec. 17 -63. Hearing Rules. In any hearing under this Chapter, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross examine any witnesses against them. Any hearing under this Chapter may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness. Sec. 17 -64. Hearing Notices. All notices required by this Chapter shall be sent by certified mail, postage prepaid, to the applicant or permittee at the address given for purposes of notice on the application or permit or delivered to the permittee personally. ARTICLE XII Enforcement -29- Sec. 17 -65. Criminal Penalties. Criminal sanctions may be sought for violations of this Chapter, to the extent available under existing City or County ordinance code provisions. Sec. 17 -66. Civil Penalties. Any person, firm, or corporation who intentionally or negligently violates any provision of this Chapter, except that an unauthorized discharge which is recordable and recorded in compliance with Section 17 -27 shall not be a violation of this Chapter for purposes of this Section, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed Five Hundred Dollars ($500) per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the County Counsel. In determining the penalty, the, court shall consider all relevant circumstances, including, but not limited to, the following: (a) The extent of harm or potential harm caused by the violation; (b) The nature and persistence of the violation; (c) The length of time over which the violation occurred; (d) The frequency of past violations; (e) The permittee's record of maintenance; (f) Corrective action, if any, taken by the permittee. In any civil action brought pursuant hereto, in which County prevails, the court shall determine and impose reasonable expenses, including attorney's fees, incurred by County in the investigation and prosecution of the action. Sec. 17 -67. Civil Action for Retaliation. A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case. Sec. 17 -68. Remedies not Exclusive. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. ARTICLE XIII Miscellaneous -30- Sec. 17 -69. Disclaimer of Liability. (a) The degree of protection required by this Chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this Chapter does not imply that compliance will ensure that there will _ be no unauthorized discharge of hazardous material. This Chapter shall not create liability on the part of County, the City of Saratoga, or any officer or employee thereof for any damages that result from reliance on this Chapter or any administra- tive decision lawfully made hereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within the City should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this Chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials. (b) This Chapter is not intended to create any different standard or obligation for the storage of carcinogens than' is imposed for the storage of other hazardous materials. Hazardous materials are identified as carcinogens herein for public record purposes only and the identification of a material as a carcinogen shall not require a different or stricter application of the provisions of this Chapter, nor notice to any person under any circumstances other than those expressly specified in this Chapter, nor shall such identification create any other duty or obligation upon County different from or additional to those duties or obligations applicable to the storage of other hazardous materials. See. 17-70. Guidelines. Guidelines approved by the County Executive shall be maintained in the Office of the Clerk of the County Board of Supervisors. Such guidelines, in the areas addressed therein, shall serve as an interpretation of this Chapter. Sec. 17 -71. Duties are Discretionary. Subject to the limitations of due process, notwithstanding any other provision of this Chapter whenever the words "shall" or "must" are used in establishing a responsibility or duty of County, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibil- ity or duty requiring the exercise of judgment and discretion. Sec. 17 -72. Conflict with Other Laws. Notwithstanding any other provision of this Chapter: (a) A storage facility regulated by any state or federal agency will be exempted from any conflicting provision of this Chapter. (b) If the storage facility is required to have a permit from the Department of Health Services under Health and Safety Code Section 25100 et seg., it shall be exempted from any provision of this Chapter which is covered by the regulations adopted under the above cited statute. (c) Whenever any provision of this Chapter conflicts with the Fire Code as adopted by the City of Saratoga, the stricter shall prevail. -31- ARTICLE XIV Compliance Schedule Sec. 17 -73. Time Table for Initial Compliance. - - (a) New Storage Facilities. (1) As of the effective date of this Chapter, a Hazardous Materials Storage Permit for a facility must be obtained prior to the installation or use of any new storage facility unless a building permit for such new storage facility was issued prior to such date. (2) The Hazardous Material Management Plan must be filed at the time of application for a Hazardous Material Storage Permit. (b) Existing Storage Facilities. (1) A facility which has any existing hazardous materials storage facilities or had obtained a building permit for such a storage facility prior to the effective date of this Chapter, and to which no new storage facility is added, shall have one (1) year from such effective date to file a completed application for a Hazardous Materials Storage Permit, including a monitoring plan in accordance with Section 17 -12. The time limitation for determination specified in Section 17 -45 shall not apply but the applicant shall be deemed to have a provisional permit of indefinite term, until County makes such determination. (2) Notwithstanding the above, a Hazardous Material Inventory Statement, if applicable, must be filed within ninety (90) days of the effective date of this Chapter. SECTION 2: If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Chapter would be subsequently declared invalid or unconstitutional. SECTION 3: This Ordinance shall be in full force and effect thirty (30) days from the date of its final passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 1983, by the following vote: -32- AYES: NOES: ABSENT: ATTEST: CITY CLERK -33- MAYOR CITY OF SARAJOGA Initial: AGENDA BILL NO: SSS- Dept. Hea DATE: November 28, 1983 City Atty, DEPARTMENT: Maintenance City Mgr SUBJECT: Award of Contract - Furnish and Install Underground Fuel Tank Issue Summary The City received two bids on November 28, 1983 for the furnishing and installation of an underground fuel tank. This project was approved in the 1983 -84 Capital Improvement Budget. The lowest bid was Mello Petroleum Maintenance and Construction Company of San Jose with a total bid of $6,326. The Engineer's estimate for this work was $7,000. Recommendation Award the contract to furnish and install underground fuel tank to the low bidder, Mello Petroleum, in the amount of $6,326. Fiscal Impacts This project was approved in the 1983 -84 Capital Improvement Budget utilizing Revenue Sharing Funds. Exhibits /Attachments Bid Summary. Council Action 12/7: Moyles /Callon moved to approve with provision of $3650 to allow for double oontainment of fuel tank. Passed 5 -0. City of Saratoga Community Development Department DATE No• 28_0198 u ........ N.-a"BID SUMMARY TIME: 2 : 00 M Sheet .1 oft :t PROJECT Furnish and Install Underground Fuel Tank _ ENGINEER'S nit .ice Amount MELLO PETRO iit Amount EAGAN &PARADISO Uit Amount to Description p Quantity it Unit Amount Unit 1cP Aniount_E�cjm 1 Furnish and Install Underground Fuel Tank L.S. LS LS $7000.00 LS $6326.00 LS $10,444.00 .r- r DISCUSSION ON CITY FUEL TANK, ITEM IV. D. 1., 12/7/83 Callon: Will this comply with the new ordinance that we are adopting? Dernetz: Yes. It oomplies with the monitoring provisions of the new ordinance. Callon: Then this is double containment? Dernetz: It is not double containment. Callon: Why is it not double containment? Toppel: ...prior to the effective date of the new ordinance. Callon: I think that's very bad. Is that true? We're not doing to hold it to the new standards that we're requring everyone else to? Dernetz: We have an option. Technically this contract does comply with the ordinance. The work was begun before we were in the process of putting that ordinance together- -the bid went out, and we did not change the bid technically, but we do have an option within the full budget amount. (Discussion continued.) CITY OF SARATOGA Initial: AGENDA BILL NO. 5SS7 Dept. Hd. DATE: November 28. 1983 (December 7, 1983) DEPARTMENT: Community Development C. Atty. C. Mgr. Ste. GF -344, Second Unit Ordinance, Allows second units as conditional uses for certain lots in the R -1- 40,000 district Issue Summary 1. The Planning Commission adopted a resolution recommending approval of the attached ordinance at its meeting of November 9, 1983 in compliance with State Law. 2. State Law allows three options: a) Adopt an ordinance allowing second units subject to City Regulations, b) Adopt an ordinance prohibiting second units after making stringent findings, or c) Do nothing and second units would be allowed as conditional uses if they comply with State criteria. 3. The Commission adopted the attached ordinance to limit the potential impacts associated with second units. About 200 lots in Saratoga would qualify for second units under the ordinance proposed. 4. Some people in the community feel that the ordinance could be liberalized without adverse effects on the City and be more in keeping with the intent of State Law. Recommendation 1. Staff had recommended that the Planning Commission propose a more liberal second unit ordinance (20,000 sq. ft. minimum in any R -1 district) rather than the ordinance currently proposed (45,000 sq. ft. minimum in the R -1- 40,000 district). 2. The Planning Commission made the required findings and recommends adoption of the attached ordinance. 3. To adopt this ordinance the Council needs to do the following: a. Adopt the Negative Declaration b. Open the public hearing and have the first reading of the ordinance. C. Make the Necessary findings d. Have the second reading of the ordinance at the next Council meeting. Fiscal Impacts None anticipated Exhibits /Attachments Exhibit "A" - Second Unit Ordinance Exhibit "G" - Copy of State Law - SB -1534 Exhibit "B" - Resolution No. GF -344 -1 Exhibit "C" - Negative Declaration Exhibit "D" - Staff Reports dated 9/21/83, 8/10/83 & 7/14/83 Exhibit "E" - Correspondence regarding second units Exhibit "F" - Planning Commission Minutes Council Action 12/7: Consensus to consider at study session 1/24. RESOLUTION NO. GF -344 -1 RESOLUTION RECOMMENDING PROPOSED AMEND14ENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 9th day of November 1983, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulation plan of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same is hereby.approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and a summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 9th day of November 1983 by the following roll call vote: AYES: Commissioners Nellis,' Schaefer and Siegfried NOES: Commissioner Hlava ABSENT: Commissioners Crowther and ABSTAIN: Commissioner Peterson ATTEST: --Sevcrdtary 4. «6 McGoldric Chairman of the Planni Commission VTMn TAIeIO _ GF - -'4 "Ex( ..)it B ". 1. The proposed changes in the text of the zoning ordinance are required to achieve the objectives of the General Plan and the zoning ordinance as prescribed in Section 1.1 of the ord iftance. 2. The proposed changes in the text of the zoning ordinance are required to comply with State Law taking into account the environmental constraints of the City and the concerns of its residents. 3. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. EIA -4 Saratoga C. File No: GF -344 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 through 15065 and Section 15070 of the California Administrative Code, and.Resolu- tion 653- of the-City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Adoption of an ordinance to allow second units on certain single- family lots in certain R -1 districts in the City of Saratoga through the use permit process. NAME AND ADDRESS OF APPLICANT City of Saratoga- .. 13777 Fruitvale Avenue Saratoga CA 95070 REASON F6R NEGATIVE DECLARATION The number of second units anticipated is unlikely to be substantial. These units will be infill projects which will not require the sig- nificant extension of urban services. Construction impacts will be mitigated through the use permit process and by application of existing codes and ordinances. Executed at Saratoga, California this 6th day of September , 19 83. ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SA, 40GA� / A I� / DIRECTOR'S AUTHORIZED STAFF MEMBER C 4. /1 C (( REPORT TO PLANNING COMMISSION DATE: 9/21/83 Commission Meeting: 9/28/83 SUBJECT: GF— 344 , SECOND UNIT ORDINANCE STATE LAW The State Legislature adopted a law (SB- 1534) in 1982 which would allow local governments to permit second units on single family or multi - family residential lots consistent with certain provisions. This law went into effect on July 1, 1983. One of the purposes of this law was to allow existing underutilized housing resources in the State to be more effectively used to help solve the problem of unmet housing needs. SB -1534 (Government Code Section 65852.2) gives local governments three basic options for complying with the law: 1. Adopt an ordinance allowing second units subject to reg ulations adopted by the City. 2. Adopt an ordinance prohibiting second units but only after stringent findings are made. 3. If no ordinance is adopted, second units would be allowed as conditional uses in all residential zoning districts if they complied with the criteria established in the law. The City has focused on the first option listed above. The Planning Commission has had study sessions and a joint meeting with the City Council on this subject. SARATOGA'S DRAFT ORDINANCE Attached to this report is a draft ordinance which would allow second units to be located in the R- 1- 40,000 zoning district under certain conditions upon the receipt of a use permit. The location and design of the proposed second unit would have to comply with the following criteria: ri lr Report to the Planning Commission 9/21/83 GF -344, Second Unit Ordinance Page 2 1. Minimum site area must be 45,000 sq. ft. 2. Average lot slope can not exceed 100. 3. Second Unit must be no larger than 640 sq. ft. 4. Must comply with existing building code and zoning ordinance requirements including setbacks, coverage, height limits, etc. 5. One enclosed parking space for the second unit in addition to existing parking provided. 6. Second unit must be served by sanitary sewer. -7. Main dwelling or second unit must be occupied by the owner of the property. 8. Second unit must use same driveway access as main dwelling. The Planning Commission must also make special findings in addition to the normal use permit findings to allow a second unit to occupy a particular site. This ordinance was the product of considerable discussion during Commission Study Sessions. The Commission may decide to change any of the provisions of this ordinance as a result of comments received during the public hearing process. IMPACT OF THE PROPOSED ORDINANCE Both the Planning Commission and the City Council wanted to know what the potential impact of the draft ordinance would be particularly in terms of the number ofi.lots that would be available to accommodate second units. The ordinance limits second units to the R -1- 40,000 zoning district and lots of 45,000 sq. ft. or greater with average slopes less than 10 %. Staff has reviewed final subdivision maps, assessor's block books, and the topography map shown on the City's Master Storm Drainage Plan to estimate the number of lots that would conform to the criteria mentioned above. Staff estimates that about 200 lots would meet the criteria of the draft ordinance. This number might increase slightly if the larger R -1- 40,000 parcels are further subdivided but a substantial increase is not expected. This is a very modest number of potential second units particularly since it is unlikely that all of the lots that could potentially accommodate a second unit would do so. PUBLIC HEARING Notice of the public hearing for this ordinance was published in the newspaper in a 1/4 page format and individual homeowners associations and pertinent civic and community groups were informed by mail. The notice briefly summarized the ordinance per the specifications of the Planning Commission. The notice stated that certain requirements of the draft ordinance may be changed by the Commission during the public hearing process. Report to the Planning Commission 9/21/83 GF -344, Second Unit Ordinance Page 3 FTNDTNnq If the Planning Commission wishes to recommend adoption of the pro - posed ordinance to the City Council, the following findings must be made: 1. The proposed changes in the text of the zoning ordinance are required to achieve the objectives of the General Plan and zoning ordinance prescribed in Section 1.1. 2. The proposed changes in the text of the zoning ordinance are required to comply with State Law taking into account the environmental constraints of the City and the concerns �of its residents. 3. The proposed zoning amendment will not have a significant impact on the environment, or adversely affect public health, safety or welfare. CONCLUSION If the Planning Commission feels, after hearing public testimony, that the draft ordinance is acceptable, then Resolution GF -344 -1 should be approved recommending adoption of this ordinance by the City Council. As drafted, the proposed ordinance would not have a significant effect on the environment or the character of the City. It is Staff's opinion, that the ordinance could be made more effective in addressing the problem of unmet housing needs with the minor modification of allowing second units on minimum lot sizes of 40,000 sq. ft. with slopes less than 10 %. Staff estimates this would bring the total number of lots available for second units to 500 -600 lots.. This would allow the City to reasonably depend on second units to meet the housing needs of the projected low to moderate income house- holds. APPROVED Michael Flores Assistant Planner I REPORT TO PLANNING COMMISSION DATE: 8/10/83 Commission Meeting: 8/16/83 SUBJECT' GF -344, Second Unit Ordinance The Planning Commission at its Committee -of- the -Whole meeting of July 19, 1983 discussed several options proposed by staff on how second units should be regulated if they are permitted as conditional uses. The Commission agreed with staff on two points: 1. That second unit use permits should not be allowed to vary from ordinance standards. 2. Existing second units should be required to receive use permits to be legitimized (i.e. no second units would be "grandfathered -in "). Considerably more discussion was involved with determining the minimum lot size and maximum square footage that would be allowed for second units. The majority of the Commission members present at the meeting felt that limiting second units to the R -1- 40,000 districts on lots 40,000 sq. ft. or greater in size was appropriate. Some Commissippe�s felt that 80,000 sq. ft. minimum lot sizes would be more appropriate. Commission consensus was not as clear on to how the size of second units should be limited. Some Commissioners felt that second unit size should be allowed to vary as a percentage of lot size with an upper limit. Other Commissioners agreed with staff that an upper limit should be used to limit the size of second units regardless of lot size. This second option makes particular sense if second units are only to be allowed in the R -1- 40,000 district. The Commission indicated that either detached or atta.,ched unit. would be appropriate. Staff still believes that attached second units could be allowed on lots smaller than 40,000 sq. ft. without adverse impacts on neighboring properties. Report to the Planning Commission GF- 34 4 8/10/83 Page 2 Staff has revised the last draft of the proposed second unit ordinance to reflect Commission consensus where it was clear and provided alternatives or options from which the Commission can choose. A preamble to the ordinance has been added to provide some of the general reasoning leading to the proposed second unit ordinance. 444 Michael Flores Assistant Planner MF /bj c P.C. Agenda 8/16/83 D R A F T AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE, NS -3, THE ZONING ORDINANCE, BY ADDING SECOND UNITS AS CONDITIONAL USES IN R -1 DISTRICTS SECTION 1: Statement of Findings The City of Saratoga recognizes that .there are unmet housing needs for households in both the community and the region. The City also recognizes that some of its existing housing resources are under- utilized and could provide an innovative and cost - effective method to deal with unmet housing needs. However, there are environmental constraints the City faces which limit. the use of innovative methods such as second dwelling units. In particular, such units would not be appropriate in hillside areas since these areas have geological, drainage, circulation, and public facility constraints (water, sewage, storm drainage, etc.) on development. In the flatter por- tions of the City, the use of second dwelling units is limited by the amount of traffic that can adequately be accommodated on local streets. The following ordinance incorporates these limitations in an effort to provide increased housing without straining City resources. The Citv Council of the City of Saratoga does hereby ordain as follows: SECTION 2: Subsection 1.5(nn -2) is hereby added to Ordinance NS -3 of the City of Saratoga to read as follows: nn -2. Second Unit or Second Dwelling Unit. A room or suite of rooms within, or an accessory structure to, the existing main dwelling in an R -1 zoning district which contains a separate kitchen (cooking facilities), bathroom facilities, and its own separate entrance. This unit shall be used exclusively as a rental unit. SECTION 3: Subsection 3.3(L)(Conditional Uses) is hereby added to Ordinance NS -3 of the City of Saratoga to-read as follows: L. One (1) second unit or second dwelling unit -on.a single family lot zoned R -1- 40,000 with a minimum site area of 40,000 square feet that complies with the following: 1) The second unit is no larger than 640 square feet. or 1) The second unit is no larger than 1.25% of the site area of the single family lot and in no case exceeds a maximum size of 640 square feet. 2) The second unit code, zoning and (including, but coverage, height 3) A minimum of one provided for the covered parking dwelling. c complies with applicable building other ordinance requirements not limited to, required setbacks, limits and design review). (1) covered parking space is second unit in addition to the spaces required for the main 4) The second unit shall be served by sanitary sewer. Under no circumstances will a second unit be served by a septic tank system. 5) Either the existing main dwelling or the second unit is maintained as the principal place of residence of the record owner of the lot. 6) The second unit is served by the same driveway access to the street as the existing main dwelling SECTION 4: Section 3.6.(One dwelling-unit per_.site)'of Ordinance, NS -3 of the City of.Saratoga is hereby "amended to read: Not more than one (1) dwelling unit shall be located on each site unless a use permit for a.second unit is granted in conformance with Section 3.3(L) and Article 16 of this ordinance. SECTION 5: Section 16.1 -1 (Status of conditional uses) of Ordinance NS -3 of the City of Saratoga is hereby amended to read: A conditional use is not a matter of right, and the Planning Commission may deny a use permit for a use listed as conditional use if it finds that reasonable regulations would still not prevent the use from adversely affecting existing uses in the immediate neighborhood, or would not prevent the use from adversely affecting surrounding property and its inhabitants or its anticipated permitted use or uses. A conditional use other than a second dwelling unit on an R -1 lot, may be permitted by a use permit to have different site area, density, structure height, distances between structures, site coverage, front, side and rear yard minimums, off - street parking requirements, other than as listed under the specific regulations for uncondi.tional per -. mitted uses in the zoning district in which it lies, but only if such changes from the specific regulations are clearly set forth in Ordinance NS.3 in relation to any such conditional use. SECTION 6: Section 16.6.2 is hereby added to Ordinance NS -3 of the City of Saratoga to read as follows: Section 16.6.2 Findings to Allow Second Units on R -1 Lots The City Planning Commission may grant an application for a second unit use permit as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission makes the following findings in addition to the findings required in Section 16.6 of this ordinance: (a) The proposed second unit complies with the require- ments of Subsection 3.3(L) of the Zoning Ordinance. (b) The proposed second unit will not materially reduce the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to be compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit will not cause excessive noise, traffic congestion, parking congestion, or overload existing public facilities or utilities. SECTION 7: 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. SECTION 8: This Ordinance shall take effect and be in full force and effect thrity (30).days from and after the date of its passage and adoption. The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 1983, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK MAYOR REPORT TO PLANNING COMMISSION DATE: 7/14/83 Commission Meeting: 7/19/83 SUBJECT: GF -344, Second Unit Ordinance At its Commitee -of- the -Whole meeting of July 5, 1983 the Planning Commission reviewed a staff proposal for the Second Unit Ordinance as .required by State Law. During that meeting the Commission asked staff to come up with options dealing with different standards for attached and detached second units. The Commission also discussed whether or not variations in development standards (setbacks, coverage, etc.) should be allowed through the use permit process for second units. The question of whether existing second units (non - conforming or otherwise) should be legitimized through the Second Unit Ordinance was also brought up. OPTIONS Standards for Attached or Detached Units - Location Option #1 During the Committee -of- the -Whole meeting there appeared to be Commission consensus on having less restrictive standards for attached units in terms of where they can be located. One method of dealing with this issue would be to allow attached second units as conditional uses in all R -1 districts but only.allowing detached second units in R -1- 20,000 or R -1- 40,000 districts. If this option is considered to broad, the Commission could limit attached second units to R -1- 12,500 or lower density zoning districts rather than all R -1 districts. Option #2 Rather than limit detached or attached second units to particular R -1 zoning districts, the ordinance could be written to limit these units to particular lot sizes. This would eliminate the possibility of allowing second units on unsuitable non - conforming lots. Attached second units could be allowed on R -1 lots of 10,000 sq. ft., 15,000 sq. ft. or larger and allow detached second units only on lots of 40,000 sq. ft. or greater. t Ls 'I • Report to the Planning Commission r 7/14/83 GF -344 Page 2 Standards for Attached or Detached Units - Size Option #1 Second unit size could be limited to a specific upper limit such as 640 sq. ft. for all second units. Or different upper limits for attached or detached units could be developed. If the Commission felt that detached units would have less of a visual impact because they would be located on larger lots,' and would not add to the bulk of the main dwelling, then such units could have a higher limit of perhaps 750 sq. ft. However, it might be determined that 640 sq. ft. is an appropriate upper limit and that attached units should have a lower square footage to limit their impact on the bulk of the main dwelling. Option #2 The size of second units could be limited based on the size of the property. If the Commission wishes to regulate the size of these units in this manner staff would recommend that the second units be limited in size to,-1.5% - 2.0% of the site area. This limit would allow the following second unit sizes based on lot size: Lot Size Second Unit Size 10,000 sq. ft. 150 -200 sq. ft. 15,000 sq. ft. 225 -300 sq. ft. 20,000 sq. ft. 300 -400 sq. ft. 30,000 sq. ft. 450 -600 sq. ft. 40,000 sq. ft. 600 -800 sq. ft. Even with this sort of limitation the Commission may still want to have an upper limit on the size of the second unit regardless of .the .,size of the property to prevent excessively large second units. Variations in Development Standards Option #1 Currently Article 16, Section 16.1 -1, of the zoning ordinance allows certain development standards including site area, density, height, coverage, parking, setbacks, etc., to be varied through the use permit process. If the Commission does not want to allow these types of variations for second units a specific provision would have to be written into the ordinance indicating that the last pragraph of Section 16.1 -1 would not apply to second units. Option #2 The Commission could determine that certain development standards could be varied to give the Commission some flexibility in dealing with second units. If so, a section could be written into the ordinance specifying those development standards that could be varied through Report to the Planning Commission GF- 344 the use permit process. For example, if the second unit occupied by a senior citizen without a car the Commission to waive the requirement for an additional parking space. Legitimizing Existing Second Units Option #1 7/14/83 Page 3 were to be might wish The Commission could grandfather in those second units that exist at the time of the adoption of the ordinance and that comply with appli- cable building codes. These units could be issued a certificate of compliance after successfully passing inspection by the City. The owners of such units would have to volunteer for these inspections prior to being legitimized. Option #2 The Commission could require the owners of existing second units to apply for a use permit regardless of their location so that the Commission could determine the merits of each individual case. This option means that if a use permit request is denied the second unit would have to be removed. There is not much incentive in—this option for second unit owners to come forward to legitimize these units, but it does give the City greater control. RECOMMENDATION The Commission should select the options it feels are appropriate from those listed above or others suggested by the Commission. Staff will then take those.suggestions and redraft the ordinance for Commission consideration at its August 10, 1983 meeting. Staff would recommend the following options: 1. Set an upper limit square footage for all second units rather than vary them by lot size. This option would be easier for staff to measure and recognizes that second units would likely be of a similar size. 2. Second units should be located based on lot size rather than zoning district. Attached units should be limited to no smaller than 10,000 sq. ft. lots. Detached units should be limited to 40,000 sq. ft. lots. 3. Second Unit use permits should not be allowed to vary from ordinance standards so that potential impacts can be limited. 4. Existing second units should be required to receive use per- mits to be legitimized so that the appropriateness of their locations can be reviewed. 1 APPROVED Michael Flores Assistant Planner MF /bjc P.C. Agenda 7/19/83 zo /Vo I I I` I ,l� it I I - , i I RECEIVED OCT 2j 5 11983 CONUUNITY DEVELOPMENT 19597 Via Monte Drive Saratoga, California 95070 October 23, 1983 TO: MEMBERS OF THE SARATOGA PLANNING COMMISSION On October 26 you are scheduled to consider for recommendation to the City Council a proposed amendment (GF -344) to Saratoga's Zoning Law that would allow second units on single - family residential lots under certain conditions. In my opinion, the proposed amendment contains a grave weakness which can be alleviated by Incorporating recommendations made by the Saratoga Area Senior Coordinating Counci and Richard V. Drake (see the Commission's letter file and the Sargtoga News of October 12, 1983). The central weakness of the proposed amendment is that it fails to take advantage of an opportunity to provide a modest measure of alleviation of Saratoga's twin problems of an acute housing shortage, on the one hand, and a substantial amount of "overhousing ", on the other. "Overhousing" here refers to existing dwellings which are obviously oversized in relation to the number of people now living in them. This well documented and widely discussed problem stems in part from de- creasing trends in family size and in part from the fact that an ever - increasing number of medium and larger homes are occupied by only one or two "empty nester" senior citizen parents whose children have grown up and gone away. The owners of some of these residences would like to somehow provide a "second unit" that would permit parents, in -laws, relatives, nursing help for the elderly, or others to live close to, but not become a part of, the immediate household of the primary occupants. The proposed ordnance would recognize this need only in the case of detached second structures on very large lots, where It would apply to possibly not more than 27. or 3% of the households that want and need it. From all apearances, the proposed ordnance violates the spirit and probably violates the letter of existing State legislation (SB -1534) which provides guidelines to be used by municipalities in attempting to relieve housing shortages. The obvious intent behind the State legislation is that significant action will be taken at the community level toward this end. Although the proposed Saratoga ordnance presents a facade of compliance, its content appears designed to circumvent rather than comply with the intent of the State legislation. If adopted and incorporated into the ordnance, the "common wall" concept proposed by the Coordinating Council and Mr. Drake would at least constitute a step in the right direction. It would do so by permitting second units on existing residential lots if certain con- ditions are met. Among the conditions are the following two: J. That the second unit be configured to have a common wall with the primary structure, so that no separate "house" would exist. Part of an existing dwelling, such as a bedroom and /or bathroom, could be used as a component of the second unit if the owner desired. The only "new" (that is, not presently allowed) component of the second unit would be the kitchen. ' 1 . 2. That there be no changes in zoning or related laws or regulations that pertain to the exterior features of the property. This means a continuation of existing constraints that apply to size, height and layout of dwelling, to setbacks, to garage and parking requirements, and to slope, density, landscaping, etc. Thus, the esthetic and distance impacts on the neighbors and the public would be no different from what is now allowable. Allowable physical changes would be confined to the interior of the home. Ot-._1 Although "not mentioned in the documents of the Coordinating Council or Mr. Drake, the City would have considerable flexibility in tailoring an ordnance containing the "common wall" concept. For example, the City could limit the size or the number of occupants of the second unit. If the City should wish to allow "detached" second units on larger lots, it could do so. Along with most of my fellow citizens, I certainly don't want to see the quality of life in Saratoga lowered by any detrimental changes in housing standards. The concept proposed by the Coordinating Council and Mr. Drake appears to establish adequate safeguards relating to esthetic and other qualitative factors so important to us all. At the same time, it would constitute ,, tangible straightforward attempt to deal with the City's paradoxical twin problems of overhousing and a housing shortage. Moreover, such a step would be at least a symbolic gesture by Saratoga to the Silicon Valley community that the City, which owes so much to our neighbors in high - technology industry, recognizes the critical housing shortage problem facing industry in our area. If we and other communities in the Valley don't do more to help relieve this problem, we by our inaction may indeed be helping to kill the goose that lays the golden egg. Other perspectives and arguments are presented in the two documents referenced in the first paragraph of this letter. They need not be repeated here. This letter is in response to the Commission's requests for comments from the citizenry. My comments are intended to be constructive and I hope you will receive them as such. A. J. Beverett LEAGUE OF WOMEN VO'T'ERS Los Gatos - Saratoga P. O. Box 2065, Saratoga, California 95070 STATEMENT BEFORE THE PLANNING COMMISSION October 12, 1983 I am Barbara Simner, President of the League of Women Voters of Los Gatos - Saratoga. I am a little puzzled by the purpose of this second unit ordinance. It appears to be a step towards compliance with SB 1534 which, I believe, mandates a goal of 1073 units of low and moderate cost housing for Saratoga by 1990. On the way to doing this it is also, by inference, trying to provide affordable - at least for Saratoga - senior housing. And noone but a Scrooge, or someone who has no further political aspira- tions, would wish to deny the citizens of Saratoga permission to house their poor and ailing parents on their property, nor deny retired Saratogans the opportunity of continuing to be able to live here on reduced incomes. On the other hand, noone wants to see Saratoga turned into tomorrow's slums, replete with shanty rentals, absentee landlords, and concomitant hazards to the health and safety of the inhabitants. Two years ago - in 1981 - our League completed a local housing study. From this study came our position, the pertinent portions of which are: In recognition of the need for housing that is more afford- able, the League of Women Voters of Los Gatos /Saratoga supports: * The following changes in local government regulations to reduce the cost of housing: + Consider the following zoning changes as long as the neighborhood character is preserved and any parking and traffic impacts are mitigated: 1) Use of land intensity (number of bedrooms per lot rather than number of dwelling units). 2) Increase in density in appropriate locations on flat land near transportation corridors. 3) Increase in current height limits in multifamily zones along transportation corridors. * Preservation of the current housing stock. * Encouraging the building of rental units. * Increasing the amount of housing that is available for moderate and low income residents through the use of: • Subsidiary units on owner - occupied properties under conditional use permits. • Manufactured homes. There are four ways to increase the housing availability in Saratoga using existing single - family homes without subdividing their lots. 1. Divide an existing home - either by floor if it is multi- story, or vertically for a ranch house, or even both ways if it is a very large LEAGUE OF WOMEN VOTERS Los Gatos - Saratoga P. O. Box JL865, Saratoga, Califomia 95070 Planning Commission -2- 10 -12 -83 dwelling - to create apartments by the addition of food preparation facil- ities, and, if required additional bathrooms. This could be a solution persons whose families have shrunk, and who are rolling around alone in large homes they are loathe to give up. 2. Conversion of attached secondary units, such as garages, servants quarters, or even outsized sun porches. 3. Conversion of existing detached buildings, such as garages, ser- vant quarters, pool houses, cabanas, gazebos, etc. 4. New construction, including manufactured (prefab) houses. GF -344 is in some ways unduly restrictive, and in other ways too lax. By mandating a minimum site area of 45,000 square feet - somewhat more than an acre - on slopes not exceeding 100 (with which stipulation we have no quarrel) you eliminate most of the city. Indeed, staff esti- mates that no more than 200 lots would meet the criteria. Further, stric- ter codes are required for the secondary unit than for the primary i.e. sewers and enclosed garages. It is hard to imagine that one or two people living in a secondary unit would require-more sanitary waste disposal capacity than a houseful of teenagers. And homes built before and just after incorporation may not yet have tied into the sewer system because septic tanks adequately meet their needs. It also seems unduly restrictive to require "enclosed parking" (gar- age vs carport) for the second unit when there is no such requirement for the primary; many homeowners park vehicles in the street because existing carports and garages are too small or are used for storage. Remember, too, that if this housing is aimed primarily for seniors, some of them no longer drive. These will seek housing within walking distance of amenities and/ or public transportation. Further, 640 square feet affords very little living space, and would preclude the conversion of an existing building, such as a normal two -car garage. The League does, however, strongly support the provision requiring owner occupancy of one of the units. We hope this provision can be strengthened by requiring renewal of the conditional use permit when the LEAGUE OF WOMEN VO'T'ERS Los Gatos - Saratoga P. 0. BoxIW5, Saratoga, California 95070 Planning Commission -3- 10 -12 -83 property changes hands. The ordinance does not speak at all to existing secondary units. These should all come under conditional use permits, not only to ensure that health and safety standards are being met and the neighborhood character is preserved, but also because they could then be counted for inclusion in the housing element. We do understand that this would require more Code Enforcement Officer time than is now available, and that thus this provision may prove unenforceable. However, we feel it should nonetheless be mandated with penalties for non - compliance. RECEIVED C C 0" 198 R. E. KAUFMANN OCT 1 1 A0700 FOURTH STREET, UNIT 7 SARATOGA, CALIF. 95070 COMMUNITY DEVELOPMENT (408) 887 -9891 October 6. 1983 Ms. Louise Schaefer, Chair Saratoga Planning.COmmission 13777 Fruitvale Ave. Saratoga] CA 95070 To the Members of the Planning Commission Subject: "Granny Units" It seems to me that restricting the development of granny units to lots of 45,000 square feet, or even 40,000, completely misses the point of why granny units should be allowed. People who can afford to live in Saratoga on one -acre lots are not generally so destitute that they cannot make adquate provision for their senior family members. The primary need, it seems to me, would arise among the middle income group, those people who live in the poverty areas of $150,000- $300,000 homes on quarter or three - eighths acre parcels. Here lies the bulk of our population and therefore the bulk of our need. According to the Saratoga News, there are only 200 lots in the City which would qualify, according to Mr. Toppel as quoted. Since we have well over 3000 seniors in the City, adding Mr. Toppel's 200 units, or Mr. Murphy's 100 (more realistic) doesn't seem to solve much of the problem. Perhaps we lack adequate data with with to make a decision. Does anyone on the COmmission KNOW, for a fact, not a guess, how many granny units are needed in Saratoga, by whom, and where they would be located? I'll wager not. Next question, not clarified: Are "granny units" to be used for grannies and associated family members, or are they to be added to the City's gruesomely small quantity of rental housing? This apparently innocuous question has serious implications. Housing grannies or equivalents is one thing, renting to seniors (strangers) is another, renting to anybody is a whole new ball game. Once you remove the restriction on family members or seniors, you invite a series of abuses by tenants who, once in, are very difficult to evict, if indeed they may be evicted at all. Meanwhile the neighbors suffer noise, traffic and perhaps personal abuse if they complain. How, indeed, will you enforce an ordinance limiting the type of person who may occupy a second unit? What happens when granny dies? If you are to permit second unit housing, I strongly support the position of the SASCC requiring a common wall. This idea comes as close as anything I can think of to forcing the landlord to be careful to whom he /she rents. It also eliminates the "Second structure" eyesore, possibly a second driveway, and perhaps other potential abuses. It will also permit the privilege to the economic group most in need of help, and will not limit it to those affluent people who can afford full -acre lots at $200,000 or more for bare land. spec f ly, R. E. Kaufmann Mr. & Mrs. W. Rudolph Kanne 19918 Bonnie Ridge Way Saratoga, CA 95070 OCT 06 CO' MUNITY DEVELOPMENT /T -- �5-- ell n C Af RECE (Z D 0 C T 0 410,81) CO ?AMUNITY DEVELOPMENT P.O.Box 695 Saratoga,CA, 95071 Oct. 2, 1983 Mrs. Louise Schaefer_, Chairperson Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga,CA, 95070 Dear Members of the Saratoga Planning Commission: As longtime Saratogans (33+ years) and living on 12 acres, we wish to add our support to the letter you have received from the Saratoga Area Senior Coordinating Council Housing Committee members. We urge you to think carefully for those who are older citizens in our city. The one -acre provision is far too restrictive. The impact of increased senior housing tinder this provision would be negligible. We are in favor of "All zones - common wall" concept.. y %�GG/ UGC Norman H. Dolloff ?i�j& Lb 3 Phyllis B. Dolloff Health Chairperson Saratoga Area Senior Coordinating Council cc: Saratoga Area Senior Coordinating Council 0:3 REALTOR- Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Planning Commissioners, C LOS GATOS - SARATOGA BOARD OF REALTORS 20454 Blauer Drive, Saratoga, California 95070 Telephone 408 867 -0922 'RECE1 yED SEP 30193.3 September 29, 19 8 3 COMMUNITY OEVEL OP LSAT The Los Gatos - Saratoga Board of last public hearing, wholeheartedly secondary dwelling unit ordinance. ordinance which is not overly restr the housing problems of elderly and the community. Realtors, as stated at your endorses the concept of a We genuinely feel that an ictive will help alleviate moderate income persons in At your public hearing on September 28th a concern regarding excessive impacts on any given neighborhood was expressed. We might suggest two proposals which would address this concern. The first proposal would be to limit the number of secondary units that can be developed in a neighborhood or community area. Options in this regard include regulation by block, census tract, or by using General Plan Planning Areas. An alternative would be to.use an overlay zoning system. Upon a finding of the Planning Department that the number of secondary units in a district equals the limit, the overlay designation for that district would be rescinded. This system would provide all homeowners the same opportunity to develop while the overlay desig- nation is in effect. If one of these methods is chosen, we feel a limitation equal to 10% of the existing single family homes would be appropriate. We would also recommend that a review time be established to reassess the ordinance provisions at a later date to assure that neighbor- hoods are not being unfavorably impacted. Sinc�erely,�j Ronald Gates President RG:jn Rf ALTOR °- - is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS. unoua o„s..% Saratoga Area C.. S�sc SENIOR COORDINATING COUNCIL C P. O. Box 3033 . Saratoga, California 95070 (408) 867 -2011 September 26, 1983 Mrs, Louise Schaefer, Chairperson Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Members of the Saratoga Planning Commission: RECEIVED S rE P 2 08 'iqb ) CO'MIMUNU DEVELOPMENT As we have stated in previous communications, the Saratoga Area Senior Coordinating Council has a continuing concern for appropriate alternative housing for seniors in this community. Upon studying the proposed Second Unit Ordinance we feel it is unneces- sarily restrictive and will be of little help in meeting the social and economic needs of senior residents in this community. A pattern of diminish- ing household size and increasing age is changing the housing needs of many of our residents who are now overhoused and living alone. However, they desire to maintain their independent living in Saratoga. The proposed ordinance applies to only a very few large parcels of land. The very size and location of these parcels may be of very little benefit to seniors. Its very restrictiveness will lead to the continued creation and use of illegal second units without benefit of proper inspection for safety and health. A practical suggestion which we feel would make additional housing easily available to Saratoga seniors is as follows. Make the only restriction for a second unit addition that it have a single common wall with the original family structure as long as it complies with all other zoning and lot size limitations, Requirements such as height, area covered, slope etc. should be met, but it would then fit the visual concept of single family homes, but could contain an additional apartment with bath and cooking facilities. A separate driveway would not impact the neighborhood as long as it is a part of the original home. These apartments might be added on smaller sites. Second detached units need not be a consideration if this were allowed. A realistic ordinance such as this would discourage residents from building illegal units. We feel much of the opposition to second units isdue to failure to enforce current ordinances. We urge you to provide a practical Second Unit Ordinance that will really address the needs of Saratogans. COMMITTEE FOR GREEN FOOT ILLS Peninsula Conservation Center 2253 Park Blvd., Palo Alto, California 94306 r-9 Phone: 327 -5906 or 328 -5313 HONORARY PRESIDENT September 23, 1983 Wallace Stegner PRESIDENT Len Erickson VICE PRESIDENTS Chris Berka City a Of Saratoga g Betsy Crowder 13777 Fruitvale Avenue Hans Morawitz Ciddy Wordell Sara a tO Saratoga, California 95070 SECRETARY Richard Merk Dear Members of the City Council: TREASURER ° Edward Diener You will be adopting an ordinance regulating second living units in Saratoga. BOARD OF DIRECTORS Tom Adams The Committee for Green Foothills encourages you to adopt an ordinance Robert Brown that will allow for ample o pportunit y for the creation of these units. Mark Chandler Ken Cooperrider Max Crittenden The Committee for Green Foothills' interest is in accommodating urban growth Bill Leland Terry l within the existing urban area as much as possible, so that our region's Annemarie arse Rosengreen undeveloped lands can be retained for open space uses. Our thriving economy p P p Jim Wheeler and rapid job growth have created a tremendous need for housing — in fact Howard Wilshire the housing demand in the Bay Area is projected to outstrip the supply by ADVISORY COUNCIL Donald Aitken 150,000 units over the next twenty years. Many solutions to deal with this Jean Buell deficit will need to be considered, and second living units is one at hand. Pat Barrentine Betsy Bechtel Mary Davey Second living units will make a significant difference in the housing supply. Walter Droste Barbara Eastman In a recent study conducted by People for Open Space,. it was estimated that John Gilliland between 60,000- 160,000 units in the Bay Area could be realized through Bob Girard Nonette Hanko second living units. Several findings from their stud g y included evidence that Lois Hogle second units provide such community benefits as affordable housing, and extra Ellie Huggins Thomas Jordan, Jr. income to homeowners, particularly those on fixed incomes. Yet the create y Mary Ann Kriewall only slight neighborhood impacts, which can be mitigated. Sidney Liebes Bob Mark Diana Miller The Committee for Green Foothills recognizes the need for our involvement Allan Newlands Nils Nilsson in the relationship between urban and nonurban issues. We cosponsored a George Norton Bob Reese land use symposium this year, where one of the clear messages was that Jean Rusmore preservation of regional environmental quality and open space requires altering Isabel Sewell patterns of urban development. We join with a number of different group s Jon Silver Frances Spangle n advocating our support of second livin g units , and in urging y our adopting John Stoddard an ordinance which will make them available to a large. percentage of the Ruth Troetschler lots. LEGISLATIVE ADVOCATES Linda Elkind Lennie Roberts Sincerely, COORDINATOR Linda Grandmaison ern, �zG `'.2qui Len Ericl<son President LE:RT A REGIONAL GROUP WORKING FOR ENVIRONMENTAL QUALITY REc�1VE0 0 C 13 �t�a Saratoga, Calit'MAMUNITY DEVELOPMENT Sept. 10, 1983 �'rs. Louise Schaefer, Chairperson Saratoga Planning Commission 1377 Pruitvale Ave. Saratoga, Calif: Dear 11-raz Schaefer: Regarding Ordinance No NS -3 Section 3, I recommend that "minimum site area of 40,000 square feet" be changed to include lots of smaller area, providing these lots are situated where additions or alteration would not change the character of the district, or violate existing codes for setbacks etc. I occupy one of the vintage homes in the area and have paid taxes for 30 years. Although these older homes sometimes cover a large area, they are not arranged for sharing without some alteration or addition to include a small cooking unit. I find in talking to other senior citizens in the area that there are many couples or widows in the same bind. It appears that Saratoga is "aging", and families who have raised children would like to keep their homes but share a part of it with perhaps a family member or caretaker, while maintaining privacy. A suggestion was made at eht last meeting of the Commission that help be given seniors to find shared housing. There are agencies in existence, such as Project Hatch which attempt to do this. Such type of communal living might fill a need for some, but it would not have wide appeal for most Americans accustomed to independent living. I sincerely hope that Saratoga can lead the way with some creative solution to meet this need: and that the Commission do some study to determine whether the type of units proposed would need to classify the dwelling as a "duplex". Perhaps the number and type of such additions applied for would not greatly alter the character of the city. Sincerely yours, Blanche J. y7a1ton 21060 Sarat oga Hills Road Saratoga, Calif. 95070 1 �+ Ttif GOOD GOVERNMENT G&P of Saratoga, California, Inc.� P. O. Box 371 Saratoga, California 95070 Op;v1NiU.NffY. DEV_ LOPMENT Saratoga Planning Commission 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Second Unit Ordinance. Dear Commissioners, August 29th 1983 The Good Government Group has had a committee studying the proposed Second Unit Ordinance as it pertains to Saratoga. This report was presented to the Board of Directors at its August 23rd meeting and they voted to make the following recommendation. In as much as the City of Saratoga was and is primarily a single family residential city of low density and.this position has been reiterated at the many general plan reviews by all sections of this city, the Good Government Group urges the Planning Commission to be as restrictive as possible when considering the Second Unit Ordinance. Below are guidelines we feel should be given serious consideration. l.R -1 45,000 sq. ft. net or larger and no units on slope density greater than 10 %. 2. One unit must be owner occupied. 3. Use permit required. 4. No variances . 5. Must meet all setbacks as presently required. 6. No additional driveways. 7. Must have an additional covered parking space. Saratogans in action since ,1957. C. 2. 8. Any addition shall be no larger than 10% of present living area or 640 sq. ft. whichever is less. 9..Must be attached to existing residence, meet design review, and blend in with the present building site. 10. Cannot block a neighbors view. Very truly yours. L. Wm. Breitenbach First Vice President. Planning Commission C ( Page 2 Meeting Minutes 11/9/83 PUBLIC HEARINGS 4. GF -344 ',City of Saratoga, Amendment of the Zoning Ordinance to allow i'second units to occupy certain single family lots by obtaining a use permit; continued from October 26, 1983 Chairman Schaefer explained that the voting on this matter had been continued from the last meeting in the hope that there would be a fuller Commission. Commissioner'Peterson abstained due to the fact that he is new and is not familiar with the subject. The public hearing was opened at 7:42 p.m. No one appeared to address the Commission. After discussion minor changes were made to the wording in the Statement of Findings. Commissioner Siegfried moved to close the public hear- ing. Commissioner Nellis seconded the motion, which was carried unanimously. Chairman Schaefer read Commissioner McGoldrick's comments into the record, since she was not present. Commissioner McGoldrick stated that she would like to register a no vote on the recommendation of the present ordinance. She indicated that she felt the use permit process would be sufficient to judge the individual cases for potential abuse and there are situations already existing in the City on smaller parcels which have had no negative impacts on the neighborhood. She commented that her objection is not against having second units, but she objects to the limitations imposed on them regarding the minimum lot size. Commissioner Nellis commented that he was going to support the ordinance. He read the Statement of Findings and stated that he agrees with them. He stated that he feels that the ordinance is one that is admittedly a conserva- tive one, but feels that as a Commissioner he has to vote based on what the kno,.an impacts are going to be. He added that he feels that, while the people who have spoken feel quite honestly that there will be minimal impact if second units are opened up to more areas of the City, he does not feel comfortable that that would necessarily be the case. He noted the problem with enforce- ment in the City, and feels that, even though many conditions could be imposed, they could not be enforced. Commissioner Siegfried stated that he was also going to vote in favor of the present ordinance. He explained that the City is faced with a State law that says if some ordinance is not passed the City will essentially have to abide by the State law, which would open every area in every situation in the City to second units. He commented that he would like to start with an ordinance that is pretty conservative, being mindful that this doesn't pro- hibit second units in the sense of sharing of homes or a unit which is detached; it simply says it can't have a kitchen in it. He added that if State law changes or if the judiciary finds a way to have constitutional ordinances that would allow the City to restrict this to senior citizen housing, he would vote in the future to expand this considerably into every area of the City where a second unit might meet all the other requirements that have been imposed in this ordinance. Commissioner Hlava stated that she will vote no on the recommendation of the ordinance, for two reasons: (1) She is concerned regarding the number of existing illegal units now in the City and she does not feel this ordinance addresses that; and (2) She is concerned about senior citizen needs and she does not feel the ordinance addresses that. She commented that she disagrees with the idea of allowing detached units on basically double size lots in the R -1- 40,000 zoning district, since she feels that it will encourage people to subdivide their property. She added that she would have preferred to see the following in this ordinance: A situation where existing detached units would be legalized and the City would allow use permits on existing detached units for some date certain, perhaps one year from date of adoption of the ordinance and after that they would be illegal. She commented that she feels that the detached units are the ones that most people have problems with. She added that the idea of the common wall has been asked for by the senior citizens, and she feels it is a very valid concept and one that the City could deal with in all zoning districts with restrictions, such as no visible second entrance, that the unit is an integral part of the main structure, that one part is owner- occupied, and that it would meet all City codes and be under the design review limit for each zoning district. Commissioner Schaefer stated that she was in complete agreement with Commis- sioners Nollis and Siegfried. She commented that she thinks that the inten- tion has been that on illegal projects they will be dealt with in a separate 2 - J it � lr Planning Commission Page 3 Meeting Minutes 11/9/83 ordinance. She added that from Staff review it appears that the majority of the cities in the area are going at a very conservative approach. She commented that Palo Alto is now re.viewing their ordinance which was more liberal because they feel they are having problems with it. Commissioner Siegfried moved to recommend the ordinance with the 640 sq. ft. limitation in Section 3, Subsection 1. The motion failed for lack of a second. Commissioner Nellis moved to recommend the ordinance with the 800 sq. ft. limitation, because of the large lot size being dealt with. Commis- sioner Siegfried seconded the motion, which was carried 4 -0, with Commissioner Peterson abstaining. Commissioner Siegfried moved to adopt Resolution GF- 344 -1, recommending approval of the Second Unit Ordinance to the City Council. Commissioner Nellis seconded the motion, which was carried 3 -1, with Commissioner Hlava dissenting and Commissioner Peterson abstaining. Sa. A -913 - Charles Masters Request for Design Review Approval to construct 5b. V -624 - a new two -story ingle- family residence and Variance Approval to exceed the 15,00 sq. ft. maximum impervious coverage on Congress Hall Lane, Lot 2 , Tract 6665; continued from October 12, 1983 Chairman Schaefer commented that one of the questions to be considered with this application is whether wood decks are considered impervious coverage; if so, a variance is required. Sta described the proposal, recommending denial. The spacing of the decking was di cussed. Commissioner Nellis gave a Land Us Committee report, stating that they had no problem with respect to the view problems. He noted that the ordinance speaks to a solid surface and he wo ld feel comfortable that the deck would not qualify as impervious surface it there is some spacing between the wood slats. The public hearing was opened at 8:05 M. Ron Dick, the designer, described the decking. Mr. Masters, the applica t, addressed the decking and the spacing. He added -hat they have been very sensitive to the environment and the neighbors. Commissioner Nellis moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried u animously. Further discussion followed on the decki%n . The City Attorney stated that if the Commission says unequivocably that a wooden deck is not deemed to be impervious coverage they are setting a pretedent. He commented that an option would be that if there is spacing between he wooden deck such that the water is allowed to go through, the Commission ca make a determination that it is not impervious. Further discussion followed on the spacing a d the interpretation. There was a consensus that if there is spacing between the decking of 1/4" the deter- mination could be made that the decking is noit impervious and a variance would not be needed. Commissioner Hlava commented hat she feels the decking is impervious coverage whether it has 1/4" space or no spaces. She added that it encourages runoff. Commissioner Crowther expressed concern regarding the fire hazard of having things stacked under the deck and also the scenic effects of the deck. lie suggested a condition that requires that the desk be enclosed on the edges so that things cannot be stored underneath it since it is over a slope. Commissioner Nellis moved to approve A -913, per 'the revised Staff Report dated October 7, 1983, adding the conditions thaU all decking shall have a minimum distance between the planks of 1/4" and that the downslope sides of the decks shall be closed to prevent storage of material under the deck. Mr. Masters stated that he is very concerned abouttlthe fire hazard also and will not store anything that will be hazardous. However, he commented that it would be very expensive to close it in. The cost was discussed. Wording for the condition was considered, and Commissioner Frowther suggested that it should be closed in with lattice work or other appropriate wood enclosure which will prevent access to the underside of the deck. Discussion followed on the need for this condition, and Commissioner Nellis then restated his motion, including just the first condition regarding the 1/4" spacing. Com- missioner Siegfried seconded the motion. 3 `°•,e_.. #sue -1 C CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, October 26, 1983 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ------------------------------------------------------------------------------ ROUTINE ORGANIZATION Roll Call Present: Commissioners Hlava, McGoldrick, Nellis and Schaefer Absent: Commissioners Crowther and Siegfried Minutes The following change was made to the minutes of-October 12, 1983. On page 6, the last sentence under V -620 should read: "She added that she feels any fence put up would probably be in excess of 6 feet in some places in order to have it look like a straight fence." Commissioner Hlava moved to waive the reading of the minutes and approve as amended. Commissioner Nellis seconded the motion, which was carried unanimously. CONSENT CALENDAR Commissioner Nellis moved to approve the items on the Consent Calendar listed below. Commissioner McGoldrick seconded the motion, which was carried unani- mously 4 -0. 1. GF -347 - Resolution Adding Cable T.V. Facilities as a Conditional Use in the C -V zoning district 2. Eleanore Levine, 20950 Verde Vista Lane, Request for Site Modification Approval to construct a tennis court on a site with an average slope �greateX—than 10% PU L1C HEARINI �3. GF -344 - City of Saratoga, Amendment of the Zoning Ordinance to allow second units to occupy certain single family lots by obtaining a use permit The public hearing was opened at 7:40 p.m. Peggy Corr, of the Housing Committee of the Senior Coordinating Council, indicated that they felt that the ordinance being proposed completely ignores the needs of Saratoga residents. She stated that it has been their contention that permitting a second unit that shares a common wall with the original structure and meets all requirements will not alter the residential quality of the City. She added that this privilege should be extended to all areas of the City. She discussed the existing violations of the ordinance. Commissioner Nellis noted the findings and indicated that he has a concern about what the impact of second units will be in the City if they went in on a City -wise basis. He asked Mrs. Corr if she had any statistics relative to gauging what those impacts might be. She answered that she did not; however, she feels that the way the ordinance is now written there will only be a few people who request a use permit to have a second unit. The City Attorney suggested that in Section 5, the amendment to Section 16.1 should state "The Commission may deny the use permit if it finds that the proposed use will adversely affect existing uses in the immediate neighborhood or will adversely affect surrounding property ". He noted that this change will be made in the ordinance. Chairman Schaefer welcomed Boy Scout Troop 536 and their leaders. She stated that they were attending relative to a Citizenship and Community Merit badge. She gave a brief summary of the Second Unit Ordinance, listing reasons for the conditions and discussing the issues. 'verbatim on page la Commissioner Nellis asked the City Attorney if he feels that this ordinance as it is presently written complies with the State law. lie answered that the - 1 - �r Planning Commission Meeting Page la Minutes 10/26/83 GF -344 (Second Unit Ordinance) Some of the benefits that people have been seeing in having second units is particularly that seniors would like to be able to have a rental unit on their property. It has been stated that they feel it would be good for safety reasons; that it would give added income to them; they would be allowed to have their privacy; they could have separate kitchen, bathroom and entrance to the property. The feeling has been that if it were done within the existing buildings that it would not adversely affect the outside appearance; that there would not be that -.many people living in the quarters and therefore there would be little traffic. It has also been stated that younger families or single parents with children would like to be able to rent places in Saratoga and that is very difficult to find at present; that this would allow two young families to move in and share a home, and it could be divided so that perhaps a single parent and a child or two could live on one side and another family could live on the other side. It has also been stated that a separate unit.could be provided for relatives or for a general rental unit on a property. The other side of the issue has been that we do not plan on continued law to say that we can have a property dedicated only for rental units by seniors. The feeling seems to be that in the next two to three years that may be challenged and overturned in court as an age discrimination, and also that children would therefore also need to be allowed in the second rental units. The concern then comes that if you have people living in two rental units there is a greater impact on traffic; perhaps you have a greater impact on the number of people generally living around and there- fore it may propose an invasion of privacy or noise onto neighbors; that it is very difficult to control for a small city like Saratoga as to whether it is a public nuisance or not. There is some feeling in the City that it should basically be single family units, and there is the other side that there is an obligation to provide housing to the people who need it in this general area. There are other issues that go along with it since it is a very complicated project. n Planning Commission Meeting Minutes 10/12/83 SDR -1508 (cont.) Page 2 A 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 F1c_G_o_1-d_rTc__k 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-e—f-e—r-U—issenting. 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 seconded t e motion, which aile 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 Saratoga, Amendment of the Zoning Ordinance to allow second units to occupy certain single family lots by obtaining a use Dermit It was noted that this item will be continued to the Committee -of- the -Whole on October 18, 1983 and the regular meeting of October 26, 1983. However, public testimony will be taken tonight. Chairman Schaefer noted some changes that were discussed: (1) accessory structures would be allowed in areas where a person had twice the amount of 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 will 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 safety, (S) the building in which an attached unit would be is to be brought up to code, and (6) looking at potential for fines and legal fees if a use permit were not obtained and followed. The public hearing was opened at 7:24 p.m. Barbara Simner, President of the League of Women Voters of Los Gatos- Saratoga, submitted a letter and read it into the record 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 - 05 C C Planning Commission �. e 3 Page Meeting Minutes 10/12/83 - GF -344 (cont.) —� mitigated b g' y (a) use of land intensity, (b) increase in density in appropri- ate locations on flat land near transportation corridors, (c) increase in current height limits in multi - family zones along transportation corridors, (2) preservation of the current housing stock, (3) encouraging the building of rental units, (4) increasing the amount of housing that is available for moderate and low income residents. She listed ways to increase the housing availability in Saratoga using -� —� existing single- family homes without sub - dividing their lots. She noted the restrictiveness of the ordinance. She stated that they do strongly support the provision requiring owner occupancy of one of the units, and recommend that renewal of the use permit should be required when the property changes hands. She added that all of the existing secondary units should come under conditional use permits. Mildred Gordon, President of the Senior Coordinating Council, stated that she did not feel that it should be limited to two people in one unit, and discussion followed on this limitation. She suggested that if it is considered an attached portion there should be - a common wall. It was directed that this matter be continued to a study session on October 18, 1983 and the regular meeting of October 26, 1983. Staff commented that they hoped to have the revised draft available by the study session. 4a. SDR -1545 - Warren Sturla, Request for Tentative Building Site Approval 4b, V -615 - and Design Review Approval for four (4) office condominiums 4c. A -900 - and Variance Approval for compact parking and a reduced side setback at the southwest corner of Cox Avenue and Saratoga . Creek Drive in a P -A zoning district It was directed that this matter be continued to a study session on October 18, 1983 and the regular meeting of October 26, 1983, at the applicant's request. S. C -205 - City of Saratoga, Amendment of the Zoning Ordinance to continue to allow open house signs in residential zoning districts as provided for in Sections 10.2 -and 10.11 of the ordinance before Cthese provisions expire December 17, 1983, per Ordinance NS-3.48 The amendment to the zoning ordinance was discussed. Staff clarified that this is dealing with off -site signs. Discussion followed on private home- owners being in violation and unaware of the ordinance. The City Attorney commented that in the near future the City will be implementing a general infraction procedure whereby anyone who violates the Zoning Ordinance would be cited. There would first be a warning to bring it into compliance, and if they fail to do so and there is a citation again, then they would be subject to a fine. The public hearing was opened at 8:10 p.m. Bill Murphy, Los Gatos - Saratoga Board of Realtors, spoke in favor of the ordinance. He indicated that they do police it and the ordinance is more effective with their own members. He added that they would like to see a fine instituted. Discussion followed on the policing. Commissioner Hlava moved to close the public hearing. Commissioner Nellis seconded the motion, which was carried unanimously. Commissioner Nellis moved to recommend approval of Resolution C -20S -1 to the City Council, Com- missioner Hlava seconded the motion, which was carried unanimously 6 -0. 6a. A -910 - Mr. and Mrs. Samuel Tyler, Mr. and Mrs. George Kocher (Duke of 6b. V -619 - Wellington), Request for Design Review Approval to enclose an existing dining patio and Variance Approval to allow additional floor area without additional parking provided at 14572 Big Basin Way The public hearing was opened at 8:14 p.m, It was directed that this be continued to a study session on October 18, 1983 and the regular meeting of October 26, 1983, at the applicant's request. r - 3 - Planning Commission Page 2 —� Meeting Minutes 9 /28/83 4: GP -344 City of Saratoga, Amendment of the Zoning Ordinance to allow second units to occupy certain single family lots by obtain- ing a use permit = —' It was noted that there have been study sessions on this matter by the Commission. Staff explained that the State has adopted a law which would allow second units on single family or multi - family residential lots con- sistent with certain provisions. They discussed the three available options and the proposed ordinance. They added that the City Attorney has indi- cated that the definition should be modified and that the following should be added to it in Section 2: "unless occupied by the record owner of the lot." Staff stated that they have investigated the impact of the second unit ordinance and estimate that about 200 lots would meet the criteria. They commented that it was their opinion that the ordinance could be made more effective with the minor modification of allowing second units on minimum lot sizes of 40,000 sq. ft, with slopes less than 100, rather than 45,000 sq. ft. They estimated that this would bring the total number of lots available for second units to 500 -600. Commissioner Siegfried asked if there had been any new developments regard- ing the law concerning restriction to senior citizens and the handicapped. The City Attorney indicated that he did not know of any new development and reiterated what he had previously informed the Commission, that there are some cities who have in fact adopted second unit ordinances which restrict the units to senior citizens. However, the issue has not been before the courts and there is an opinion among many City attorneys that definitions by age could be viewed as discriminatory with respect to the rest of the population and could be subject to a legal challenge. He added that when the legislation was under review there was a draft to specifically limit its application to senior citizen housing and that language was deleted by the legislature. The hearing public was opened at 7:50 p.m. Peggy Corr, Saratoga Area Senior Coordinating Council, read their letter into the record, stating that they feel the ordinance is unnecessarily restrictive and will be of little help in meeting the needs of the seniors in this community. She stated that they feel the restrictiveness will lead to the continued creation and use of illegal second units. She suggested that the only restriction be that it have a single common wall with the original family structure as long as it complies with all other zoning and lot size limitations. Richard Drake addressed the ordinance and regulation of second units. He suggested that the ordinance permit second units in any residential zone with the provision that they conform to all zoning regulations for single family dwelling units and have one or more common wall with existing units. He stated that he does not feel the City should try to limit the use inside the house. Discussion followed on traffic impacts of second units. Mr. Drake commented that he feels there would be few lots that would have the ability to handle the second unit, provided that it meets all the zoning requirements. Bill Murphy, Los Gatos - Saratoga Board of Realtors, spoke to the restrictive- ness of the ordinance. He stated that he feels the traffic problems can be controlled with the permit process. Criteria for a second unit was discussed. Mr. Murphy commented that he feels the owner should live on the property. Bill Notz, 18276 Purdue Drive, expressed concern about traffic, noise, privacy and appearance. He commented that it should be limited to R -1- 40,000 sq. ft. lots and should require an additional enclosed parking space. He added that the owner must live in one of the units so there is some control. Louise Cooper, Saratoga Senior Council, commented that 640 sq. ft. is too small to be effective. She urged the Commission to work on a good practical �^ Second Unit Ordinance. Peggy Corr commented that she did not see an impact of traffic from second units, since most homes already have teenagers with cars. A resident of Pasco Cerro stated that there is a need in their neighborhood for second units, more so than for people who have large size lots. 2 - =ter Planning Commission Meeting Minutes 9/28/83 Gr -344 (cont.) Page 3 Kay Long, flume Drive, stated that she has renters living next door in a granny situation which has been undesirable. She noted concerns and commented that she feels it is inconsistent with some of the goals of the Planning Com- mission regarding the integrity of Saratoga to have renters indiscriminately throughout the City. Discussion followed on whether to close the public hearing or continue the matter to a study session. Commissioner McGoldrick stated that she was ready to make a motion on the ordinance. Commissioner Crowther stated that he felt if there is any major modification of the ordinance being considered similar to that requested by the public tonight, this should be continued and the public should be renoticed as to what is being considered. He added that if it is going to be much broader an EIR would be required to evaluate the impacts of this on the City. Commissioner Nellis stated that he shares a lot of the thoughts the public has regarding impacts. He commented that the Commission needs to consider the input and discuss it at a study session. Commissioner Hlava commented that she feels one of the important things that was brought out is that second units do exist all over the City. She stated that, recognizing that State law is forcing some action on this, there are really only two compelling reasons to look at a Second Unit Ordinance: (1) to control the existing second units. She commented that she would vote against the proposed draft ordinance tonight, almost entirely for the reason that it does not deal sufficiently with controlling the second units that exist today, and (2) to deal with the fact that there are senior housing needs that are unmet. She indicated that she does not feel the ordinance sufficiently addresses that. Commissioner Siegfried stated that he could vote tonight but has no problem if the Commission wants to continue it to a study session. He indicated that his concern is that he does not see at this stage any way that an ordinance can be drafted that opens all of Saratoga or large portions of it to second units. He added that he is prepared to look at it over and over again and make it available in other zoning districts once the impacts are known. Commissioner Crowther stated that he would like to see some changes; specifi- cally, to expand the statement of findings to cover some of the issues that have been brought out, i.e., noise, fire hazards, and he would also like to see the 640 sq. ft. limit deleted. He added that he would be strongly in favor of trying to institute something to help seniors share housing in Sara- toga and reduce their housing costs. However, he does not believe that it is essential that when they are sharing housing they must have separate kitchens. There uas a consensus to continue the matter to a study session on October 4, 1983 and the regular meeting on October 12, 1983. S. C -204 - The Professional Village of Saratoga /Owen Companies, Saratoga and Cox Avenues, Amendment of the text of the Zoning Ordinance by adding Office /Electronics to the list of conditional uses allowed in the P -A (Professional and Administrative) District Staff summarized the proposed amendment of the text of the Zoning Ordinance and noted that they had reviewed it in terms o'f its impact on all P -A district locations, rather than any particular site. They reported that the concerns that have been expressed are hazardous and toxic materials should not be used with any of the uses permitted in the P -A district, manufacturing, prototype development and the testing of devices. Staff indicated that required con- ditions wduld be attached to any sort of use in the P -A district that would be associated with Research and Development Offices. They noted that the wording of the ordinance allows only general administrative offices, which would allow only minor prototype assembly and testing, and any manufacturing would be specifically prohibited, as well as the use of any hazardous or toxic materials. Staff commented that they had not placed any condition,regarding traffic because it was felt that traffic impacts of a specific use would be dealt with during the use permit stage. Discussion followed on traffic impacts, and Staff noted that traffic would also be addressed in the EIR. Commissioner Crowther asked if it would be practical to add a condition "In facilities with more than 2S employees, staggered work hours and other appropriate means shall be imple- mented to mitigate and prevent excessive traffic peaks caused by transportation - 3 - .11W Senate Bill No. 1534 CIiAPTER 1440 An act to amend Section 65852.1 of, and to acid Section 65852.2 to, the Covernment Code, and to amend Section 21080 of the Public Resources Code, relating to housing. [Approved by Governor September 27, 1982. Filed with Secretary of State September 27, 1982.) LEGISLATIVE COUNSEL'S DIGEST SB 1534, Mello. housing: single - family lots: second- family units. Under existing law, a city or county may, by ordinance, designate various zones within the city or county and specify the uses which may be permitted on the land within those zones. Within such zones the city or county may condition certain uses or require special use permits or zoning variances for certain uses. This bill would authorize any city, including a chartered city, county, or city and county to provide, by ordinance, for the creation of second units, as defined, in single- family and multifamily residential zones. In the event that any of those entities do not adopt an ordinance governing second units, the bill would, notwithstanding specified provisions of existing law, require each city, including a charter city, county, and city and county to grant a special use or a conditional use permit for the creation of a second attached residential unit, which is only intended for rental purposes, on a lot which is zoned for single- family or multifamily use and which contains an existing single - family detached unit, if the second unit complies with specified provisions. The bill would prohibit any city, including a chartered city, county, or city and county from adopting an ordinance which totally preclude second units within single- family and multifamily zoned areas unless the ordinance contains prescribed findings. This bill would exempt the creation of a second residential unit from the California Environmental Quality Act. This bill would require jurisdictions adopting ordinances for the creation of the second units to submit a copy of it to the Department of Housing and Community Development for submission to the Legislature. This bill would make other changes necessary for the implementation of this bill. Article XIII B of the California Constitution and Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. 92 .10 .. Ch. 1440 —2— — 3 — Ch. 1440 However, this bill would provide that no appropriation is made with the following provisions: and no reimbursement is required by this act for a specified reason. (1) Areas may be designated in the jurisdiction where second units are permitted. The people of the State of California do enact as follows: (2) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sever SECTION 1. (a) The Legislature finds and declares that there is services and the impact of second units on traffic flow. an tremendous unmet need for new housing to shelter California's (3) Standards may be imposed on second units which include, but population. The unmet housing needs will be further aggravated by are not limited to, parking, height, setback, lot coverage, the severe cutbacks in federal housing programs. architectural review, and maximum size of the unit. (b) The Legislature finds and declares that California's existing (4) A city including a chartered city, county or city and county housing resources are vastly underutilized due in large part to the may, in its discretion, find that second units provided for do not changes in social patterns. The improved utilization of this state's exceed the allowable density for the lot upon which it is located, and existing housing resources offers an innovative and cost - effective find that second units are a residential use which is consistent with solution to California's housing crisis. the existing general plan and zoning designation for the lot. (c) The Legislature finds and declares that the state has a role in (5) The second units created shall not be considered in the increasing the utilization of California's housing resources and in application of any local ordinance, policy, or program to limit reducing the barriers to the provision of affordable housing. residential growth. (d) The Legislature finds and declares that there are many (6)e A city, including a chartered city, county, or city and county benefits associated with the creation of second - family residential s may process for the issuance of a conditional use permit units on existing single- family lots, which include: for second units. (1) Providing a cost - effective means of serving development (b) When a city, including a chartered city, county, or city and through.the use of existing infrastructures, as contrasted to requiring county, which has not adopted an ordinance governing second units the construction of new costly infrastructures to serve development in accordance with subdivision (a) or (c), receives its first in undeveloped areas. application on or after July 1, 1983, for, a conditional use permit (2) Providing relatively affordable housing for low- and pursuant to this subdivision, the jurisdiction shall accept the moderate- income households without public subsidy. application and approve or disapprove it pursuant to this subdivision (3) Providing a means for purchasers of new or existing homes, or unless it adopts an ordinance in accordance with subdivision (a) or both, to meet payments on high interest loans. (c) within 120 days after receiving the application. Notwithstanding (4) Providing security for homeowners who fear both criminal the provisions of Section 65901, each city, including a charter city, intrusion and personal accidents while alone. county, or city and county shall grant a special use or a conditional SEC. 2. Section 65852.1 of the Government Code is amended to use permit for the creation of a second residential unit if it complies read: with the following: 65852.1. Notwithstanding Section 65906, any city, including a (1) The unit is not intended for sale and may be rented. charter city, county, or city and county may issue a zoning variance, (2) The lot is zoned for single family or multifamily use. special use permit, or conditional use permit for a dwelling unit to (3) The lot contains an existing single - family detached unit. be constructed, or attached to, a primary residence on a parcel zoned (4) The second unit is attached to the existing residence and is for a single - family residence, if the dwelling unit is intended for the located within the living area of the existing dwelling. sole occupancy of one adult or two adult persons who are 60 years (5) Whenever an increase in floor area is involved, it shall not of age-or over, and the area of floor space of the dwelling unit does exceed 10 percent of the existing living area. not exceed 640 square feet. (6) Any construction shall conform to height, setback, lot This section shall not be construed to limit the requirements of coverage, architectural review, site plan review, fees, charges, and Section 65852.2, or the power of local governments to permit second other zoning requirements generally applicable to residential units. construction in the zone in which the property is located. SEC. 2. Section 65852.2 is added to the Government Code, to (7) Loral building code requirements which apply to additions to read: existing single- family dwellings, as appropriate. 65852.2. (a) Any city, Including a chartered city, county, or city (8) Approval by the local health officer where a private sewage and county, may by ordinance provide for the creation of second disposal system is being used, i( required. units in single- family and multifamily residential zones consistent As used in this subdivision, "living area" means the interior Ch. 1440 —4— — 5 — Ch. 1440 inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any nceessory structure. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. This subdivision establishes the maximum standards that cities, including charter cities, counties, and cities and counties shall use to evaluate proposed second residential units on lots zoned for residential use which contain an existing single - family detached unit. No additional standards, other than those provided in this section, shall be utilized or imposed, unless there is a requirement that an applicant for a permit Issued pursuant to this subdivision shall be an owner - occupant. This section shall not be construed to limit the nuthority of cities, counties, and cities and counties which adopt less restrictive requirements for the creation of second residential units. No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement the provisions of this subdivision. Any city, county, or city Find county may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second residential units if these provisions are consistent with the limitations of this subdivision. A second residential unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which Is consistent with the existing general plan Find zoning. designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No city, including a charter city, county, or city and county shall adopt Fin ordinance which totally precludes second units within single - family and multifamily zoned areas unless the ordinance contains findings acknowledging that such Fiction may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single - family and multifamily zoned areas justify adopting such an ordinance. (d) As used in the section, a "second unit" is either a detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit Is situated. (e) This section shall become operative on July 1, 1983. (f) Jurisdictions which adopt ordinances pursuant to subdivision (a) or (c) shall submit a copy of such ordinances to the Department of (lousing and Community Development within 60 days. The department shall submit a report to the Legislature, which shall transmit the report to the appropriate committees of the Legislature by Jamiary 1, 1984. The report shall evaluate the implementation of this section by local governments and suggest any appropriate legislative changes. SEC. 4. Section 21080 of the Public Resources Code is amended to read: 21080. (a) Except as otherwise provided iii this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issua�c.e of conditional use permits, and the approval of tentative subdivision maps (except where the project is exempt from the preparation of an environmental impact report pursuant to Section 21166). (b) This division shall not apply to the following. (1) Ministerial projects proposed to be carried out or approved by public agencies. (2) Emergency repairs to public service facilities necessary to maintain service. (3) Projects undertaken, carried out, or 'approved by a public agency to mnintnin, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster - stricken area In which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division I of Title 2 of the Government Code. i(4) Specific actions necessary to prevent or mitigate an emergency. (5) Projects which a public agency rejects or disapproves. (6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by it public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report or negative declaration or other document, or documents, prepared pursuant to R regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county In which the powerplant and related facility would be located; provided that the environmental impact report, negative declaration or other document, or documents, shall Include the environmental Impact, if any, of the action described In this paragraph. (7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic games. (8) The establishment, modification, structuring, restructuring, or Ch. 1440 —6— approval of rates, tolls, fares or other charges by public agencies which the public agency finds are for the purpose of (1) meeting operating expenses, including employee wage rates and fringe benefits, (2) purchasing or leasing supplies, equipment or materials, (3) meeting financial reserve needs and requirements, (4) obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption. (9) Actions taken prior to January 1, 1987, by a public agency (1) to implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article X111 A of the California Constitution or (2) to respond to a reduction in federal funds. Those actions shall be limited to projects defined in subdivision (a) or (b) of Section 21065 which initiate or increase fees, rates, or charges charged for any existing public service, program, or activity; reduce or eliminate the availability of an existing public service, program, or activity; close publicly owned or operated facilities; or reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. (10) All classes of projects designated pursuant to Section 21084. (11) A project for the institution or increase of passenger or commuter service on rail lines already in use, including the modernization of existing stations and parking facilities. (12) A project for the institution or increase of passenger or commuter service on high - occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities. (13) Facility extensions not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. (14) A project for the development of a regional transportation improvement program or the state transportation improvement program. (15) Any project or portion thereof located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in the State of California are subject to this division. (16) Projects undertaken by a local agency to Implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site - specific effect of the project which, was not analyzed as a significant effect in the plan or other written documentation required by Section 21080.5 is subject to this division. —7— Ch. 1440 (17) The creation of a'second residential unit pursuant to Section 65 &52.2 of the Government Code. (c) If a lead agency determines that a proposed project, not otherwise exempt from the provisions of this division, does not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. SEC. 5. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII 13 of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. 701 r. Or CITY OF SARATOGA AGENDA BILL NO. s� 8 DATE: 11/29/83 DEPARTMT: City Clerk Initial: Dept. Hd. C. Atty. C. Mgr. -------------------------------------------------------------- -----------t--- — ----- — SUB,=: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds Issue SumTary The attached resolution represents the second step in the weed abatement process for this season. The County has sent the owners of the 283 parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or the County. The notice also informed them that they may present objections at tonight's publid hearing. Recommendation Conduct public hanring. Ado-ot 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). Correspondence received. Council Action 12/7: Callon /Fanelli moved to adopt Resolution 2109. Passed 5 -0. RESOLUTION NO. RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS WHEREAS, the Saratoga City Council has declared hazardous weeds growing on certain properties to be a public nuisance by resolution dated November , 198' .; and WHEREAS, the County Building Official did give notice to all property owners of land on which hazardous weeds which have been declared a public nuisance are growing; and WHEREAS, a public hearing on said notice was held on December , 198 ; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE, IT IS ORDERED THAT the County Building Official shall cause the abatement of hazardous weeds as designated by resolution dated November , 198:, by having said weeds destroyed or removed, and any property owner shall have the right to destroy or remove such weeds himself, or have the same destroyed or removed at his own expense, provided that such weeds shall have been removed prior to the arrival of the County Building Oficial or his authorized representative to remove them. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga.at a regular meeting held on the th day of December, 198 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor DATE: TO SUBJECT: November 10, 1.983 Members of the Saratoga City Council Weed Abatement Ordinance I have received written communication that the city is considering a Weed Abatement Ordinance. 7 - ------- - - CFgWFE9 NOV 2 21983 While I feel that this is an excellent idea, I ask that you put some controls on the County on the execution of this program -- namely, contacting the land owner prior to the work being performed- I recently had an experience where I had my property's perimeter sprayed and so did the County- The attached letter explains this incident in more detail. While I agree that it is imperative that land and properties be clean for the safety of the general population, a decision made at whim is not good for public relations and can be very costly to the land owner- Please consider my suggestions and thank you for your support in t matter. ar Tere /si�'y`'l 117 Loma Vista Court Los Gatos, CA 95030 November 9, 1983 Santa Clara County Weed Abatement Section County Government Center East Wing 70 West Hedding Street San Jose, CA 95110 Dear Sir: Enclosed you will find my reply to your request that I certify that I will maintain my property free of weeds for year 1984/85_ Additionally, for year 1982/83, as discussed on the telephone with you, I received a charge on my property tax bill for perimeter spraying for $85.48. This property is disced at least twice per year, and the perimeter is sprayed with Triox weed killer once each .. - .year:.,;:- ,w.h;i:cch sterilizes the ground for at least one year. As I said to you, I feel that the above charge is unfair and erroneous, and if I do not hear from you within the next week, I will take this matter to the proper authority. Sincerel R bert G. Teresi 117 Loma Vista Court Los Gatos, CA 95030 Encl. cc: Saratoga City Council CITY OF SARATOGA AGENDA BILL NO: SS GI Initial: Dept. Hea DATE: November 2 , 1983 City Atty DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------------- - - - - -- SUBJECT: Change in Uniform Shirt Color for Park Maintenance Employees Issue Summa The Memorandum of Understanding which was made with the City employees during the last negotiation required that the Director of Maintenance develop a policy on the color of uniform shirts. That policy was to be ratified by the City Council. The policy has been developed and it is agreed to by the Park Maintenance employees, therefore recommended that the color of the uniform shirts be changed to tan subject to the following requlations: 1) All park maintenance employees will be required to wear the new tan colored shirt at all times at work 2) When working around vehicular traffic or on medians, orange safety vests, meeting OSHA safety requirements, will be mandatory 3) Each park maintenance employee will be required to purchase two tan shirts, along with the three that the City provides, to implement this color change Recommendation Ratify the policy change as negotiated between staff and maintenance employees Fiscal Impact None Exhibits /Attachments None Council Action 12/7: Approved on Consent Calendar 4 -0. CITY OF SARATOGA AGENDA BILL N0: SAO DATE: November 28, 1983 DEPARTMENT: Maintenance SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summar Initial: Dept. Head City Atty City Mgr The Foothill Men's Garden Club contributed $100 towards the care and maintenance of Hakone Garden in September of 1982. They have contributed similar amounts in previous years. Recommendation Accept and acknowledge this $100 donation and previous others by way of a letter from the Mayor. Fiscal Impact The value of the donation is at least $100 Exhibits /Attachments None Council Action 12/7: Approved on Consent Calendar 4 -0. AcEI'VDA BILL N0. DATE: December 7, 1983 City'Manager CITY Or SARNrOGA SUBJECT. Acceptance and acknowledgment of donation Issue Sunmary Initial: Dept. Hd. C. Atty. C. Mgr. An anonymous donor has provided $500 to the city of Saratoga for the express purpose of replacing the existing refrigerator used by employees in City Hall. State Law requires the City Council must accept any gifts for use by the City. Recom;nendation Accept the gift of $500 for replacement of the refrigerator at City Hall. Fiscal Impacts None- The gift,is fully sufficient to cover the cost of replacement. No added expense to the City will result. E:,.hibits /Attachments None Council Action CITY OF SARATOGA AGENDA BILL NO: -( 1 Initial: Dept. Head DATE: December 12, 1983 City Atty DEPARTMENT: Maintenance City Mgr 0--------------------------------------------------------------------------------------- - - - - -- SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summary The Foothill Men's Garden Club has contributed another $100 to the care and maintenance of Hakone Garden. Recommendation Accept and acknowledge this $100 donation by way of a letter from the Mayor. Fiscal Impact The donation was $100 Exhibits /Attachments None Council Action • 1/4: Accepted on Consent Calendar 4 -0. L�