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HomeMy WebLinkAbout09-15-1984 CITY COUNCIL STAFF REPORTSa CITY OF SARATOGA AGENDA BILL NO. DATE: September 4, 1984 Initial: Dept. Hd. C. Atty. DEpAR2MENr. Community Developemnt - Engineering C. Mgr. ------------------------------------------------------------------------ SUB=: Asphalt Concrete Overlay Project Issue Summary On Friday, August 31, 1984 bids were received and opened on the above subject project. Five contractors submitted bids ranging from a low of $282,278.00 to a high of $357,102.00. The Engineer's estimate was $329,425.00. The low bid of $282,278.00 was submitted by O'Grady Paving, Inc. of Mountain View. This project consists. of pavement repair and asphalt concrete overlay to Cox Avenue and to Saratoga Avenue, including improving the approaches to the railroad tracks on Saratoga Avenue. Recommendation Award the contract to O'Grady Paving, Inc. for the submitted bid amount of $282,278.00. Fiscal Impacts The cost of $282,278.00 is to come from Gas Tax under the 1984 -85 Capital Improvement Budget. Exhibits /Attachments Project Bid Summary Council Action 9./5: Approved recommendation and requested study of extension. __ City of Saratoga _Community Development Department )ATE: /1 31j1984 -. LIME: 2:00 P.M. _ `� BI D SUMMARY. 679ineer'S E51imafe : 0329,425.00 _Sheet =D2 PROJECT .4sRlv,gz T Co�rc,QETE Ovew4 A Y PRO ✓EC T LOiDStJ/!Cr /Ofj Amount //4,OQ7 Q7 3 900.00 OFrcdyPa ✓in Ino nit is Amount Jj,;s�, �ontfrucfinn it Amount Piotrp nit Description Quantit S' t Re vGir o{ fpilyd llrtQS ��s ruc Cow oil . Tr cks 40, Qoe /5'GY•1D 5.F. 5.F. 1.75 0.50 zo oo0. 7,500.06 /.,600 6416z 27.85 1.60 14ox 00 0.16 k/eci e Cal /5000 L. F. 0.65 9,750,00 6.60 9,6_ O,SB QR 400U ,4s iia/l // 6700 Gal. 1.30 14,36b.06 1.30 14,300.00 0, 75 Fobr�' Mal 38 500 5. Y. 0.50 19, 750.06 0.55 21, / 75.00 J.,00 /%z "'A. C. O✓er /a 4 600 ar! 33.00 151, 869. 06 33.84 155,&4.00 Zq, 50 4 lt/fjifcSkioLii�e Sfri e 17600 Z. F_ 0.09 ' 1,530.00 0.a8 1,360.00 0.08 6 "JV4ife Bike �o•�e Sfi�i' 16,000 L.F. 0.13 1,080. /,066.06 702.00 0.13 Z, 080.0 0.12 Eu% /c Ye / %w .S'fr�" c BNSo //d �t/h�fe Sfr. e A'wv %s 4, n oJw Re F/ccfarizc pa ves, .¢!DO -2700 Z&,,*d L.F. 1. F_ 13-00 D.26 O.Z6 0.15 4025.0 6.24 p.z5 675.00 D.24 2 500.00 /, 860 6 0 2, 500.00 /, BaD�oo 2.75 3.00 TOT XL QMOMT OF 81D:. 282 278. 297, 579. _Sheet =D2 PROJECT .4sRlv,gz T Co�rc,QETE Ovew4 A Y PRO ✓EC T LOiDStJ/!Cr /Ofj Amount //4,OQ7 Q7 3 900.00 WAff/J Unit 2.60 1.15 �/1,"__" mourit MCCQ�E�j .fP�[SMG� Unit, Amount /04,000. 18, 750. 2.08 83 2617.00 /,P,9 0.70 1.1S 28,35-0.00 10, SDD. 12 650.Ld 8, 700.0o 0.62 1,300. 8 250.00 1./O 12 100. 38,5W. 00 135,700. 0. 3-4 3.6.26 20.790.06 166,756E 0.38 22 330.60 4L3 0,09 /90 394,60; 1,530.601 1,360.00 O.Og 1,530.00 1,080 1,920.00 0.13 0.13 7,08 DOI t 984 m 0.26 1,066.00 p 76 4666.00 702.00 648.00 2 260. 0.26 702.00 0.26 2,4Gb.o 2,SA0.08 2.92 t 752.60 3.00 1,800.00 317 72,00 T3_4 1,ZZQ 357, IoZ.Da CITY Or Slubm -g,A q 7 Initial: AC�'DA BILL M. Dept. Hd. DATE: September 7, 1984 C. Att DEPAi:n,IIv'T: City Attorney . C. Mgr. SUBJECT: ORDINANCE REGULATING TEMPORARY POLITICAL SIGNS Issue Sunm3ry The proposed ordinance is intended to strengthen the City's existing regulation of temporary political signs, based upon the expanded power now available under the recent U.S. Sucreme Court decision of Vincent v. City of Los Angeles. At a continued regular meeting of the Planning Commission on September 4, 1984, the ordinance was considered and reccnunended for adoption by the City Council: Reccuraridation Fiscal Impacts Adoption of ordinance, There may be some cost incident to the removal of signs placed in violation of the ordinance, but the ordinance provides for the t recovery of such costs fran the sign owner. Emlhibits /Attaci=2nts (1) City Attorney's Memo to City Council (2) Proposed ordinance (3) Report to Planning Commission dated August 29, 1984 (4) Planning Commission Resolution No. C -209 -1 Council Action 9/11: Made changes recamiended by City Attorney and_ introduced 5 -0. 9/19: Adopted Ordinance NS -3.60 5 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL STEVEN G. BAIRD JACK L. BRIDGE GREGORY A. MANCHUK A=iNSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: HAROLD S. TOPPEL, City Attorney SUBJECT: Ordinance Regulating Temporary Political Signs DATE: September 7, 1984 J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -1979) During its regular meeting on September 5, 1984, when the proposed ordinance regulating temporary political signs was briefly discussed, the Council expressed a desire for such ordinance to specifically include a monetary fine for violation of ' the regulations. Chapter 2.5 of the Saratoga City Code states that the violation of any provision contained in the Code shall constitute either an infraction or a misdemeanor. The City Attorney's office is now in the process of reviewing the entire Code to specify infraction offenses versus misdemeanor offenses. We anticipate that violation of sign regulations will be classified as infraction offenses. Until the review process is completed, I would recommend that an additional paragraph be added to the ordinance as subparagraph (e) to read as follows: (e) Infraction Offense The violation of any provision contained in this Section is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 2.5 of the Saratoga City Code. Each sign found to be in violation of this Section shall constitute a separate offense. As stated in the memorandum to the Planning Commission, the ordinance does not prohibit the erection of temporary political signs upon utility poles within a public right of way which do not contain traffic or other directional signs or emergency service equipment. Such poles have customarily been utilized by candidates for the Saratoga City Council and I assume would also be utilized for the coming election if signs are posted in support of Measure G. The question of whether the restriction should be expanded to include all public property has therefore been left for determination by the Planning Commission and the City Council. Notwithstanding the recent Vincent case, which substantially expanded our ability to control temporary political signs, we are still governed to some extent by the numerous decisions of the California Supreme Court which attempt to balance the constitutional right of free speech against the governmental right to control visual Memorandum to Saratoga City Council September 7, 1984 Page Two clutter and traffic safety. Paragraph (c) concerning duration and removal and paragraph (d) concerning violation and removal by City represent an attempt to bring the ordinance within the scope of regulation and due process requirements set forth in the California decisions. Although the Planning Commission did not change the ordinance, they did have two suggestions which the Council might consider: 1. Modify paragraph (c) by shortening the period of time when political signs could be erected prior to an election from sixty (60) days to thirty (30) days. 2. Modify subparagraph (d) (1) by shortening the period of time during which effort is made to locate the owner of a sign constituting an existing peril to the safety of persons or property from three (3) hours to one (1) hour and similarly shortening the period of time for removal of such sign from two (2) hours to one (1) hour. It should be noted that the ordinance does not regulate any temporary political signs placed upon private property. Moreover, the ordinance does not limit the total number of signs which can be erected within the City by any candidate or the proponents of any ballot measure, nor does the ordinance control the number of signs which can be erected at a single location, such as a utility pole. Such regulations have been invalidated by the California Supreme Court and the Vincent case does not specifically address these issues. H S. TO City Attorney ORDINANCE NO. NS -3 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY ADDING SECTION 10.12 RELATING TO TEMPORARY POLITICAL SIGNS The City Council of the City of Saratoga does ordain as follows: SECTION 1: Section 10.12 of Ordinance NS -3, the Zoning Ordinance of the City of Saratoga, entitled "Temporary Political Signs ", is hereby amended to read as follows: "Sec. 10.12. Temporary Political Signs: Temporary political signs may be erected without a permit in conformity with this section. (a) Definition: As used in this Section, the term "Temporary Political Sign" means a sign which directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity. (b) Sign Restrictions: A temporary political sign may be erected only in accordance with the following restrictions: (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other sign installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other signs installed by any public agency for public information purposes. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be erected within or upon any public highway, public street or public right of way in a manner or place that will obstruct a motorist's line of sight or otherwise constitute a safety hazard for vehicular or pedestrian traffic upon such highway, street or right of way. 9/11/84 -1- (5) No temporary political sign may exceed an area of five (5) square feet. (G) No temporary political sign may be erected having bracing or backing material thicker than one -half inch (1/211), except for support posts firmly planted in the ground. (c) Duration and Removal: A temporary political sign may be erected not more than forty -five (45) days prior to the day of the election to which it relates and shall be completely removed not later than five (5) days after the date of such election. (d) Violation and Removal by City: (1) In the event a temporary political sign is erected in violation of the restrictions set forth in paragraph (b) of this Section and such sign constitutes an existing peril. to the safety of persons or property, the City Director of Maintenance shall endeavor to locate the owner of such sign and request its immediate removal or relocation. If, after reasonable effort to do so, the owner cannot be found within one (1) hour after the Director of Maintenance first becomes aware of the existence of the peril, or if such owner is found and fails or refuses to remove or relocate the sign within one (1) hour after being requested to do so, the Director of Maintenance or his representative may proceed to remove such sign. (2) In the event a temporary political sign is erected in violation of the restrictions set forth in paragraphs (b) and (c) of this Section or is not removed within the time prescribed in paragraph (c) of this Section, but such sign does not constitute an existing peril to the safety of persons or property, the Director of Maintenance shall endeavor to locate the owner of such sign and notify such owner of the violation. If, after reasonable effort to do so, the owner cannot be found, the Director of Maintenance shall post a notice of violation upon the sign. If the violation is not corrected within three (3) days after notice thereof is given to the owner or posted upon the sign, as the case may be, the Director of Maintenance or his representative may proceed to remove the sign. (3) Any temporary political sign removed by the Director of Maintenance pursuant to paragraphs (1) or (2) above shall conclusively be deerned to have been abandoned by the owner thereof and may be destroyed. The City shall have the right to recover from the owner of such sign all removal and destruction costs. 9/11/84 -2- (e) Infraction Offense: The violation of any provision contained in this Section is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 2.5 of the Saratoga City Code. Each sign found to be in violation of this Section shall constitute a separate offense. 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 or unconstitutional, 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, clauses or phrases may 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 19th day of September, 1984, by the following vote: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK 9/11/84 -3- REPORT TO PLANNING COMMISSION DATE: 8 -29 -84 Commission Meeting: 9-04-84 SUBJECT: Political Signs Until recently, cities have been restricted by the courts in the extent to which temporary political signs can be regulated, although it was permissible to prohibit signs in areas where a direct threat to the public safety could be shown (such as on traffic signals, intersections and emergency communication facilities). These signs were generally allowed to be installed on public property. The scope of regulation has now been dramatically increased by the United States Supreme Court in the case of Vincent vs. City of Los Angeles, wherein the Court held that temporary political signs can be prohibited from public property on aesthetic grounds alone. The ordinance adopted by the City of Los Angeles pro- vided that no sign.could be erected upon any sidewalk, cross- walk, curb, curb stone, lamp post, hydrant, utility pole, fire or alarm system, street sign, traffic sign or other types of public property. The proposed ordinance is not quite as broad as Los Angeles, in that temporary political signs can be erected upon utility poles, provided the pole does not also contain a traffic information sign. However, the Commission may consider expanding the scope of the ordinance to exclude temporary political signs from all public rights -of -way and other public property. HAROLD S. TOPPEL City Attorney HST:cd Attachments RESOLUTION NO. C -209 -1 A RESOLUTION RECOMMENDING AMENDMENTS TO ARTICLE 10, SIGNS - TEMPORARY POLITICAL SIGNS WHEREAS, an application for amendment to the Zoning Ordinance was initiated by Staff to implement recent supreme Court decisions regarding temporary political signs and conform with the objectives of the General Plan and Zoning Ordinance,, and -- WHEREAS, the Planning 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 4th day of September, 1984, at the Community Center Meeting Room, 19655 Allendale Avenue, Saratoga, California, and WHEREAS, after careful consideration the proposed amendment as it would affect the Zoning Regulations in the General Plan of the City of Saratoga, and after consideration of the staff report, the Commission has made certain findings and is of the opinion that the proposed amend- ment attached hereto shall be formally recommended to the City Council. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: 1. That the proposed amendment attached hereto be and the same as hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of the City. 2. That the report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same as 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 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 4th day of September, 1984, by the following vote: AYES: Commissioners Burger, Crowther, Harris, McGoldrick, Peterson and Siegfried NOES: None ABSENT:Commissioner Schaefer Chairman, Planning Commi n ATTEST: V U Secretary L PTMnTNrC- EXHIBIT "B" C,. C -209 1. The proposed amendments to the text of the zoning ordinance are required to acheive the objectives of'the General Plan and zoning ordinance as prescribed in Section 1.1 of the zoning ordinance in that: a) The location of temporary political signs will be controlled to promote a safe, effective traffic cir- culation system. b) The size and location of these signs will be controlled to preserve the natural beauty of the City's site, and to ensure that public lands are used for the purposes most appropriate and beneficial for the City as a whole. 2. The proposed amendments-to the test of the zoning ordinance will not be detrimental to the public health, safety or welfare and are intended to promote public safety and wel- fare by controlling the(.size and location of temporary poli- tical signs particulary in public rights -of -way. � 3 ! � U � O r• J SCALE: / =50 SARA T O GA _LL G - - - - _° _- 575' NO PARK /NCB a II l e I if if I I� nu hu o, .. .. .. _ >.. �.. cwc: ui.l li. H�i1. b? G. Jl bi: l�Max. t% frG:':(. i' Ia���' ww2'!( �4/ �! �1t�ii. �G�l�wtiwa�.% LY' J: t_1 ctWwt1;::; u, a� ..u........:y'- ',tNt.%.+..A.+. �S,SekT+et'.V+as.:+b . ..il. ..i':.:•�_,i. .. .. .. . � CITY OF SARATOGA AGENDA BILL NO. (p 8 DATE: Sept. 10, 1984 (Sept. 15, 1984) DEPARTMENT: Community Development Initial: Dept. Hd. ✓�-- C. Atty. C. Mgr. SUBJECT: Request for Recommendation of No Parking on Saratoga Avenue Adjacent to Library Issue Summary At a recent study session the Council requested Staff to prepare documents for the establishment of a no parking zone on Saratoga Avenue - fronting the library. Adoption of the attached resolution and the subsequent installation of signs will implement this program. Recommendation Adopt the Resolution Prohibiting Parking on a Portion of Saratoga Avenue. Fiscal Impacts Approximately $115. for signs and approximately $62 for painting curb red Exhibits /Attachments 1. Resolution 2. Plan of Saratoga Avenue along library frontage Council Action 9/19: Adopted Resolution MV-158 5 -0. J (,'ALE: ! =50 3 � Q r SARA-T 0 GA AVENUE �w 576' 1 NO PARK /NCB 12' — — E G 1 # p ,e Ay hrr r t i. AGcIDA BILL No. 6 q DATE: DEPAIfI'MENT: Community Services CITY OP SIVZRr ACA Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: Joint Exercise of Powers Agreement and Cooperation Agreement for the HCDA Program for FY 1985 -1987. Issue ammary The_City is in its 10th year of participation in the Urban (Santa Clara) County HCDA -Block Grant Program, concluding a three -year Joint Powers aftd Cooperation Agreement. City execution•of the proposed three -year JPA i!;- required for continued participation in the program. The proposed JPA remains essentially the same as that signed by the City in 1981. n Recommendation City Council adoption of Resolution No. acknowledging execution of the JPA; and City Council authorization of the proposed HCDA Joint Exercise bf Powers Agreement and Cooperation Agreement for fiscal years 1985 -1987 authorizing the Mayor to sign for the City. Fiscal Impacts City receipt of HCDA -Block Grant funding estimated at a minimum of $200,000 per year. 7 "hi.bits /Attachments 1. Resolution No. 2. Joint Exercise of Powers Agreement and Cooperation Agreement, and Appendix A (Certifications). 3. Report to City Manager Council Action 9/19: Adopted resolution 2179 5 -0. • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR FISCAL YEARS 1985 - 1987 WHEREAS, in 1974 the United States Congress enacted the Housing and Community Development Act of 1974, herein called Act; and WHEREAS, Title I of the Act allows Urban Counties to receive Community Development Block Grants when such Counties enter into Joint Exercise of Powers Agreements and Cooperation Agreements with non - entitlement cities to qualify as an Urban County applicant under the Act; and WHEREAS, the City of Saratoga wishes to enter into such an agreement with the County of Santa Clara to qualify such County as an Urban County in order to receive Housing and Community Development Act funds thereby; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga approves the Joint Exercise of Powers Agreement and Cooperation Agreement on behalf of the City of Saratoga. BE IT FURTHER RESOLVED, that the Mayor is authorized to execute said Joint Exercise of Powers and Cooperation Agreement on behalf of the City of Saratoga. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga this 19th day of September, 1984, by the following vote: AYES: NOES: ABSENT: MAYOR • ATTEST: CITY CLERK OF., . , I. JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 197;', AS AMENDED FOR FISCAL YEAR 1985 -1987 This agreement by and between the County of Santa Clara and is made in the light of the following recitals: A. That Congress has enacted the Housing and Community Development Act of 1974, as amended; B. That Title I of the Act provides for a new program of Community Develpment Block Grants; C. That Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; D. That City is not eligible to apply directly for entitlement funds under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county applicant and can thereby receive such funds; • E. That the parties hereto wish to enter into this agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the contracting parties to such funds. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Authorities This agreement is made pursuant to Section 6500 and following of the California Government Code and constitutes an exercise of powers common to both City and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. This agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended. 2. Definitions The definitions below are intended to assist the parties in making this agreement. For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this agreement and those set forth in the Act and Regulations, the latter shall govern. • (a) "Act" means Title I of the Housing and Community Development Act of 1974, P.L.93 -383, as amended. (b) "Applicant" is the County of Santa Clara applying as an urban • county. (c) "Regulations" means the rules and regulations of the Department of Housing and Urban Development; particular reference is made to those regulations found in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Develop- ment Block Grants) and Part 53 (containing the regulations on the Federal Environmental Review Procedures). (d) "County" means the County of Santa Clara. (e) "City" means the city or town that is a party to this agreement; such city or town may be referred to as a "Non- entitlement city ", that is, a city which cannot directly apply for or receive entitle- ment grants under the Act but which can receive funds through cooperation agreements with the Gounty. (f) "Urban County" means a county that is (1) in a metropolitan area; (2) authorized under state law to undertake essential community development and housing assistance activities within its unincor- porated areas, and (3) has a population of 200,000 or more within its unincorporated areas or within its unincorporated areas and units of general local government (cities) within the county with which it has made cooperation agreements to undertake or to assist in the undertaking of essential activities. • (g) "Urban County staff" means those HCD staff persons of the County and cities participating in the Urban County HCD pro- gram. (h) "Application" means the application for a grant to be submitted by the County, as an Urban County, for entitlement funds under Title I of the Act. (i) "HUD" is the U.S. Department of Housing and Urban Develop- ment. (j) "HCD" is Housing and Community Development, the Urban Coun- ty's program to address housing and community development needs of low to moderate income persons in Santa Clara County. (k) "CDBG" is Community Development Block Grant, a federal pro- gram administered by HUD which provides funding to eligible entitlement cities and urban counties to address housing and community development needs of low to moderate income per- sons. (1) "Grant" is the CDBG funds given by HUD to Santa Clara County as the legal recipient of the Community Development Block Grant for the Urban County. (m) "HCD Council Committee" is an advisory committee established • by the Board of Supervisors to advise the Board of Supervisors on Q • the CDBG funded HCD Program. Its adopted role is "the policy recommending body to the Board of Supervisors on the planning, monitoring, and evaluation of the HCD program and the develop- ment of a comprehensive, coordinated housing and community development plan." (n) "HCD Citizens Advisory Committee" is an advisory committee on the CDBG funded HCD progt am established by the Board of Supervisors on the recommendation of the HCD Council Commit- tee. Its adopted role is "the policy recommending body to the HCD Council Committee on the planning, monitoring, and evalua- tion of the HCD program and development of a comprehensive, coordinated housing and community development plan." (o) "Board of Supervisors" is the legal recipient of the Community Development Block Grant from HUD and is legally responsible for the administration of the Urban County HCD Program for Santa Clara County. ' (p) "Citizens Participation Plan" is the plan adopted by the Board of Supervisors which outlines the opportunities and process for citizen input on matters dealing with the planning, monitoring, and evaluation of the Urban County HCD program. (q) "Project proposals" are requests for CDBG funds submitted by eligible applicants to implement specific eligible CDBG activities, as defined by HUD... (r) "Housing Assistance Plans" (HAP) describe the housing conditions and goals to meet the housing needs of lower income persons, and identifies specific housing actions to be taken by the Urban County to fulfill its housing needs. The HAP also serves as a guide for HUD in the distribution opf assisted housing resources to communities. (s) "Net Funds" are the total annual CDBG entitlement grant less City and County administrative costs. (t) "Designated Funds" are those CDBG funds which will be allocated on a competitive basis for only housing activities. The total amount of money to be available in the Designated Funds cate- gory will be determined by multiplying the Net Funds by 50%. Therefore, Designated Funds = Net Funds x 50 %. (u) Non - Designated Funds" are those CDBG funds which will be allocated equally to all participating jurisdictions in the Urban County on a non - competitive basis to meet identified community development and housing needs. The total amount of money to be available in the Non - Designated Funds will be determined by multiplying the Net Funds by 5096 and dividing the product by the total number of participating jurisdictions. Therefore, • Non- Designated Funds - Net Funds x 50% Number of Participating Cities and County 3. Purpose of Agreement • This agreement is being made to meet the requirements and purposes of the Act and Regulations with respect to the application for an entitlement grant under Title I of the Act and to establish the respective rights and obligations of the parties to such grant. The purpose of this agreement shall be accomplished in the manner hereinafter set forth. 4. Cooperation Agreement The parties hereto agree to undertake or to assist in the undertaking of essential activities as defined in the Act and Regulations thereunder for the term of this agreement. More specifically, the parties hereto agree to cooperate in undertaking, or to assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and public assisted housing. To the extent required by the provisions of the Act and Regulations thereunder and to the extent required by the terms of this agreement, . City agrees to comply with the provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968; Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws and requirements of the application and grant. City understands and agres that should it fail to comply with such • requirements or with the terms of this agreement, that funds allocated to City during the effective dates of this agreement may be term- inated, or reduced of otherwise limited in accordance with the Act and Regulations. 5. Administration of Agreement The officer and agents of both parties will cooperate in furnishing information and assistance necessary for the preparation, completion and filing of the County's application with HUD in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the City shall annually furnish the County with the City's local plan and process for citizen participation in the development of the City's project proposals requested to be funded with Urban County CDBG funds. The City's local citizen participation commitments will be incorporated into the official Urban County Citizen Participation Plan. The City shall, prior to the final project proposal submission deadline approved by the Board of Supervisors, submit project proposal requests for CDBG funding to the County in the format developed by the County. These project proposals will include a description of the project's activities, the Urban County's need the project is addressing, a detailed time schedule for the implementation of the project's activ- ities, and other dataa items needed in the evaluation of the project • proposal. These project proposals must be formally approved by the City Council for transmittal to the County and be developed and reviewed during the local citizen participation process. 4 • The City shall submit to the County a Housing Assistance Plan in the form required by HUD. This document will detail the City's commit - r rents to providing housing assistance to low and moderate income persons within the city. The local commitments to housing assistance by the cities will be incorporated into the Urban County's Housing Assistance Plan (HAP), which will be reviewed by HUD to determine the local commitments to address housing needs of low to moderate income persons. Whereas the County shall not alter or amend the elements furnished to County where in compliance with the Act and the Regulations and consistent with identified Urban County needs and priorities, the County shall have full authority and necessary control of the prepara- tion and filing of the application and of other papers and documents in support thereof. 6. Term of Agreement This agreement shall become effective upon execution by the governing bodies of County and of City and it shall remain in full force and effect until June 30, 1988. The County will submit to the City the Joint Exercise of Powers Agreement and Cooperation Agreement to be signed by the City if it is to participate on the Urban County program. The County will also give the City, by August 3, 1984, a notice of the City's right not to be O included in the Urban County if the City so desires. If a City decides not to participate in the Urban County Program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it may not be eligible to receive entitlement CDBG funding for three successive program years commending on July 1, 1985 and ending June 30, 1988. Upon qualifying, the County will remain an urban county (including its unincorporated areas and the included units of general local govern- ment) for a period of three years. That is, during the three year qualification period no included unit of general local government can be removed from the urban county, nor can any additional units of general local government generally be included in the urban county during that period. To assure that included units of general local government remain an effective part of the urban county for the entire three year qualification period, this cooperation agreement between the urban county and its included units of general local government covers three successive program years. 7. Project Proposals Any and all project proposals for eligible HCD activities totally within the sphere of influence of a city must be submitted to the city and considered as a part of the city's project proposal development process, No project proposals may be submitted directly to the County be applicants other than cities for activities to be conducted totally within the sphere of influence of a city. is Project proposals of a countywide nature may be submitted directly to • the County. Cities shall have the right to review and comment on all project proposals for the funding of countywide HCD eligible activities. 8. Grant Disbursements A. City understands and agrees that CDBG funds disbursed under this agreement are the obligation of County and that such obligation of the County is dependent upon the qualification of the County as an urban county applicant and upon the availability of federal funds to implement Title I of the Act. Funds disbursed to the City will be expended on eligible activities and projects selected through a process developed jointly by the HCD Council Com- mittee and the Board of Supervisors and described in the adopted Urban County HCD Plan. The HCD Citizens Advisory Committee will give advice to the HCD Council Committee prior to HCD Council Committee actions. The HCD Plan includes a description of prioritized needs, strategies to address the needs, and a project funding submission and evaluation process. This process will be used to evaluate all project proposals according to their ability to address the adopted, prioritized needs and other criteria described in the adopted Urban County HCD Plan. B. It is understood that all parties to this agreement recognize their responsibilities to undertake community development and housing activities. Accordingly, each of the participating jurisdictions • will be provided with an equal share on Non - Designated Funds in order to meet identified community development and housing needs in their jurisdiction. Cities and the County will recognize the housing need in the County and HAP goals when deciding to fund projects from their Non - Designated Funds. However, there are no guaranteed percentages in the Non - Designated Fund set aside for housing activities in each participating jurisdiction. C. Because housing has been previously identified as the highest priority need within the Urban County by the HCD Council Committee and the Board of Supervisors, the City and the County agree that all of the Designated Funds will be allocated on a competitive basis as set forth below for housing activities: Housing needs include but are not limited to housing rehab- ilitation, activities to increase the supply. of new affordable housing, and housing - related services which increase the avail- ability and /or affordability of new and existing housing. After the deadline for submission of project proposals, the Urban County staff, composed of members of the County and City HCD staffs, will evaluate the project proposals according to the approved criteria and make recommendations on projects to be funded. These recommendations will be reviewed by the HCD Citizens Advisory Committee, the HCD Council Committee and the Board of Supervisors. The HCD Citizens Advisory Committee will give its advice on projects to be funded to the HCD Council • Committee prior to actions of the HCD Council Committee. • The Urban County staff report and the HCD Council Committee recommendations will be reviewed at a .public hearing before the Board of Supervisors. After public comment, should .there be a difference between the HCD Council Committee and the Board of Supervisors on projects to be funded, the HCD Council Com- mittee and the Board of Supervisors will hold a joint meeting to resolve the differences. The joint meeting will continue until mutual agreement is reached. V(,ting separately, when a majority of the HCD Council Committee and a majority of the Board of Supervisors votes to accept specific project proposals, mutual agreement is achieved. It is understood and agreed that as legal recipient of the grant, the Board of Supervisors must officially approve the mutually agreed upon project proposals to be included in the application in order to insure that the program submitted to HUD is consistent with the County's adopted housing and com- munity development plan. At that time, the City will know the number of projects approved and the estimated amount of CDBG funds it is to receive. Upon approval of the CDBG application and the release of funds by HUD, the City may begin implementation of approved activi- ties. Information on the progress of approved activities will be submitted to the County on a periodic basis during the program year the activities are being carried out. This information will be included in the Urban County's monitoring reports which are submitted to HUD during the program year... Projects which fall • off of schedule according to the approved time schedule will be evaluated according to the process detailed in the approved Urban County CDBG Reprogramming Guidelines. 9. Areas of Housing Authority Operation Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the City may have with the Santa Clara County Housing Authority. 10. Services, Equipment and Property; Reimbursement County shall provide or be primarily responsible for providing the services; equipment and other property necessary for the planning, preparation and filing of the CDBG application and for the admin- istration of the grant funds subject to the right of County to seek reimbursement for actual expenses and costs of furnishing such ser- vices, equipment and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein -above described shall belong to County during the term of this agreement and after its termination. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions of OMB Circular A -102 Attachment N, Property Management Standards. 0 11. Records City and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with Federal Management Circular 74 -4 and OMB Circular A -102 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HCD. All such books, records, files and accounts shall be made available for inspection at reasonable times and places by authorized representatives of City and County to authorize representative of City, County, and Department of Housing and Urban Development or any other person authorized by the Act or the Regulations. The Director of Finance of County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by County. County shall, by a date no later than 7 days after receipt of the current year funding money, notify City of the manner of disbursal of sLIch funds. 12. Certification • On or before September 28, 1984, City shall furnish County with those assurances, copy of which, marked Appendix A, is being attached hereto and made a part hereof. Such certifications to be furnished by City to County are necessary to enable County to make the required assurances in its application to HUD. 13. Liability and Indemnification • It is expressly understood that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no respnsibility toward City for any failure to qualify under the Act as an urban county. Further, County assumes no responsibility towards City for any failure to include City in the application as a result of City's failure to supply County with infor- mation necessary to prepare and file the application, or as a result of City's failure to supply County with such information, upon designated dates, or as a result of City' failure to comply with the Act and the Regulations. Unless the acts of County employees, officials, or their representatives are involved in the action or the County authorized the acts of the City, the city shall indemnify and hold County harmless from any liability, loss or damage suffered as a result of claims, demands, costs or judgements against it arising out of the failure of City to conform to the requirements of the Act, Regulations or other applicable laws; or arising out of City's failure to perform any of the obligations under the application; or arising out of anything done or omitted to be done by City under or in connection with the work done on any of City;s projects. • 9 • 14. Discretionary Actions Nothing herein contained shall be construed to prohibit the City from exercising its discretion on any legislative quasi- judicial and /or admin- istrative matter (including but not limited to any action.. involving zoning or General Plan amendments). Nothing herein shall compel the City to take any action on any matter save and except as expressly required in this agreement. It is _ understood and agreed that the City does not by this agreement commit itself or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this agreement. 15. Timeliness When any action is required hereunder upon request for action on a document or material furnished by the County to the City said request for action on a document or material shall be furnished at least 30 days prior to the date said action is required in order to allow sufficient time for the City to review and act on said document or material. 16. Time is of the essence in this agreement. 17. Severability Should any part, term, provision of this agreement be decided by the • Courts to be illegal or in conflict with any law of the State of California or any low of the United States, or should any part, term, or provision of this agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 18. Section Headings All section- headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this agreement. • IN WITNESS WHEREOF, parties hereto have executed this agreement on the dates set forth below. Date: ATTEST: DONALD M. RAINS Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: I" �� 4 _-1,— �r R ndldo Carboni Deputy County Counsel Date: ATTEST: City Clerk jnb 7/83 f[l7 COUNTY OF SANTA CLARA By Chairperson, Board of Supervisors CITY OF By _ Chairperson, Town City Council • • • 0" APPENDIX A CERTIFICATIONS The grantee certifies that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative. of the grantee to submit the final statement and all understanding and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: (1) met the citizen participation requirements of 9 570.301(x)(2) and has provided citizens with: (A) the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (R) its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) prepared its final statement of community development objectives and projected use of funds in accordance with 5 570.301(a)(3) and made the final statement available to the public; (d) The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d et seq.); and (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 20 -284; 42 U.S.C. 3601 et seq.); (e) It will affirmatively further fair housing; February 1984 ., I. (f) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the fin:u statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act and, if applicable, under section 108 of the Act, during (a period specified by the grantee consisting of 1, 2, or 3 program years , shall principally benefit persons of low and moderate income in a manner that ensures that not less than 51 percent of such funds are used for activities that benefit such persons during such period; (g) It has developed a 'community development plan, for the period specified in paragraph (f) above, that identifies community development and housing needs and specifies both short and long -term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; • C (h) It is following a current housing assistance plan which has been approved by HUD ' pursuant to § 570.306; (i) It will not attempt to recover any capital costs of public improvements assisted _ in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of low income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1); and (j) It will comply with the other provisions of the Act and with other applicable laws. l T` - 2 - 0 OT9W o 0&M&19QX5Z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 August 20, 1984 (408) 867 -3438 Report to City Manager From: Housing and Community Development Coordinator Subject: Joint Exercise of Powers Agreement and Cooperation Agreement for City Participation and Receipt of Funding under the Housing and Community Development Act - Block Grant Program BACKGROUND The City is currently in its 10th year of participation as a non - entitlement jurisdiction in the Santa Clara . "Urban County" • Housing and Community Development Act - Block Grant Program. Funding for this Federal Program, administered by the Departmenmt of Housing and Urban Development is authorized pursuant to Title I, of the HCDA of 1974, as amended. Inclusive of 10th year funding, the City has received a total allocation of $2,559,865.00 since the beginning of the Program in FY 1975 -76. For program years 1 through 7, cities participating in the Urban County Program executed an annual Joint Powers and Cooperation Agreement. Beginning with Program year 8 (1982 -83) HUD required a 3 -year JPA. The City authorized the last 3 -year JPA in 1981. The currently proposed JPA covers another 3 -year period, through Program Year 1987 -88 (13th year). During the 10th Program Year, the City will receive $204,002. It is anticipated that this level of funding will continue through 1988. Should this City elect to seek funds for housing project development, this figure could increase substantially. ISSUE The currently proposed Joint Exercise of Powers Agreement and Cooperation Agreement remains essentially the same as that executed by the City in 198'1. Only minor changes to update the document and incorporate into the Agreement, sections of the Certifications (Appendix A) relative to the Civil Rights Act, Fair Housing and non descrimination in implementation of the HCDA Program have been added to page 4, Section 4, "Cooperation Agreement, paragraph 2, of the proposed JPA. Report to City Manager Page 2 0 During review of the proposed JPA both staff and members of the HCD Council Committee expressed concern that the proportion of funding of the total Urban County Grant receided by the nonentitlement jurisdictions (cities and the county) should be amended from its current distribution of 50/50 (governmental participants /competitive housing project pool) to possibly 60/40. In respone to this concern, 'the County HCD Program Manager responded that the HCD Council Committee with the concurrence of the Board of Supervisors could at any. time during the course of the proposed JPA take action to amend the distribution formula (see JPA Definitions Section, page 2, (t) and (u)). With this understanding and agreement, the HCD Council Committee agreed to recommend approval of the proposed JPA to their respective City Councils and the Board. RECOMMENDATION Subsequent to consideration of the proposed JPA, review of the operation of the last three- yearJPA, and agreement by the HCD Council Committee to recommend City Council and Board of Supervisors approval, staff recommends that the Saratoga City Council execute the proposed JPA authorizing the Mayor to sign on • behalf of(--�he City. Stan' Carh'ekie • 0919W o 0&%kXQX5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 August 20, 1984 (408) 867 -3438 Report to City Manager From: Housing and Community Development Coordinator Subject: Joint Exercise of Powers Agreement and Cooperation Agreement for City Participation and Receipt of Funding under the Housing and Community Development Act - Block Grant Program BACKGROUND The City is currently in its 10th year of participation as a non - entitlement jurisdiction in the Santa Clara "Urban County" Housing and Community Development Act - Block Grant Program. Funding for this Federal Program, administered by the Departmenmt of Housing and Urban Development is authorized pursuant to Title I, of the HCDA of 1974, as amended. Inclusive of 10th year funding, the City has received a total allocation of $2,559,865.00 since the beginning of the Program in FY 1975 -76. For program years 1 through 7, cities participating in the Urban County Program executed an annual Joint Powers and Cooperation Agreement. Beginning with Program year 8 (1982 -83) HUD required a 3 -year JPA. The City authorized the last 3 -year JPA in 1981. The currently proposed JPA covers another 3 -year period, through Program Year 1987 -88 (13th year). During the 10th Program Year, the City will receive $204,002. It is anticipated that this level of funding will continue through 1988. Should this City elect to seek funds for housing project development, this figure could increase substantially. ISSUE The currently proposed Joint Exercise of Powers Agreement and Cooperation Agreement remains essentially the same as that executed by the City in 1981. Only minor changes to update the document and incorporate into the Agreement, sections of the Certifications (Appendix A) relative to the Civil Rights Act, Fair Housing and non descrimination in implementation of the HCDA Program have been added to page 4, Section 4, "Cooperation Agreement, paragraph 2, of the proposed JPA. Report to City Manager Page 2 During review of the proposed JPA both staff and members of the HCD Council Committee expressed concern that the proportion of funding of the total Urban County Grant received by the nonentitlement jurisdictions (cities and the county) should be amended from its current distribution of 50/50 (governmental participants /competitive housing project pool) to possibly 60/40. In respone to this concern, the County HCD Program Manager responded that the HCD Council Committee with the concurrence of the Board of Supervisors could at any time during the course of the proposed JPA take action to amend the distribution formula (see JPA Definitions Section, page 2, (t) and (u)). With this understanding and agreement, the HCD Council Committee agreed to recommend approval of the proposed JPA to their respective City Councils and the Board. RECOMMENDATION Subsequent to consideration of the proposed JPA, review of the operation of the last three- yearJPA, and agreement by the HCD Council Committee to recommend City Council and Board of Supervisors approval, staff recommends that the Saratoga City Council execute the proposed JPA authorizing the Mayor to sign on behalf of, -the City. Stapt" Car iYekie S CITY OF SARATOGA ' INITIAL: AGENDA BILL NO. Dept. Hd. DATE: 9/10/84 C. Atty. DEPARTMENT: Community Development C. Mgr. SUBJECT: Appeal of the Planning Commission denial of Variance V -649 - Fred and Susan Schumacher ------------------------------------------------------------------------------------ - - - - -- 0 Issue Summary 1. The existing carport was constructed without benefit of building permit and was noticed by staff at the time of processing a Design Review application for a second story addition. A condition of Design Review approval was to legitimize the carport. 2. The existing carport which is attached to the residence, maintains a 1 ft. sideyard setback where 10 ft. is required and a 28 ft. rear yard setback where 35 ft. is required. 3. The carport is a fire safety hazard because of the 1 ft. setback and brush on the adjacent property. The Uniform Building Code requires 1 hour fire walls on structures within 3 ft. of a property line. Re- construction of the carport would be required in order to comply with the regulations of the Uniform Building Code. 4. A three -car garage currently exists on the site. Recommendation 1. Determine the merits of the appeal and approve or deny V -649. 2. Staff recommended denial of V -649. Fiscal Impacts None Exhibits /Attachments 1. Appeal letter from Susan Schumacher 2. Staff reports dated 7/13/84 and 9/21/83 3. Resolution No. V -649 -1 4. Minutes from Planning Commission Hearings 8/8/84 and 7/25/84. 5. Exhibits 6. Correspondence Council Action 9/19: Denied appeal 4 -1 (Callon). V1 4 COMMUNITY DEVELOP�!Fn'' APPEAL APPLICATION Date Received: � Hearing Date:- /9 -ky -k� Fee (� CITY USE ONLY Name of Appellant: Address: Telephone: _ %7�� �C�C�.�✓ �%-/�� .� �'S �— J� /-�o �� Name of Applicant: Project File No.: Project Address.: Project Description: Decision Being Appealed: Grounds for the Appeal (Letter may be attached): Appellant's Signature *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION ?MUST BE SUBAiITTED WITHIN TEN (10) CALENDAR DAYS OF Till; DATE 0r 'THE DECISION, IiECEIVED 61�2 AUG 15 M4 COMMUNITY DEVELOP PAP C---7 77 m -5L (24E_Z 09f 7� z , � zp-/ oy� 7"Y.- �C.���_/���h� � �� �� � � ��ti i� -- � � _� -�..� .�:_ _. _Q.�� -�__ .____ _� ._ - . , REPORT TO PLANNING COMMISSION DATE: 7/13/84 Commission Meeting: 7/25/84 SUBJECT: V -649 - Fred & Susan Schumacher, 14561 Westcott Drive ACTION REQUIRED: Variance Approval for an existing carport which maintains only a 1 ft. sideyard setback where 10 ft. is required, and a 28 ft, rear yard setback where 35 ft, is required. PLANNING CLASSIFICATION ZONING: R- 1- 10,000 GENERAL PLAN: Residential: Medium Density Single Family (M -10) SITE DATA PARCEL SIZE: 30,854 sq. ft. NATURAL FEATURES & VEGETATION: The site is level with a significant number of oak trees and mature landscaping surrounding the house. GRADING REQUIRED: None ORDINANCE COMPLIANCE SETBACKS (Carport): Front: 285 Ft. Rear: 28 Ft. Right Side: 1 Ft. HEIGHT: 112 Ft. TMDCD11TA11C rnvrnnrr. 25% (60% max. allowable) SIZE OF STRUCTURE (Including Garage): Existing Residence: 4,408 sq. ft. (3,500 sq. ft. Carport: 319 sq. ft. Standard) COMPLIANCE: The existing carport maintains only a 1 ft. sideyard setback where 10 ft. is required and a 28 ft. rear yard setback where 35 ft. is required. �)� - . # z Report to Planning Commissic 7/13/84 V -649 - Fred & Susan Schumacher, Westcott Dr. Page 2 PROJECT CONSIDERATIONS Background: In September of 1983, the applicant received Design Review Approval for a second story expansion. At that time, it was noted that the carport on the north- east side of the residence had been constructed without building permits and did not meet the required setback. The applicant was given six (6) months to correct the violation, either by demolishing the carport, acquiring additional sideyard area through a lot line adjustment or through a Variance Approval. He was also required to submit a letter of credit to the City., which would cover the cost of removing the carport should the correction not be made. Because a lot line adjustment is not possible (refer to attached letters), variance approval for the carport is now being requested. Code Compliance: The existing carport is a fire safety hazard due to the 1 ft. setback and brush on the adjacent property. The Uniform Building Code requires 1 hour fire walls on structures within 3 ft. of a property line for fire safety. This would result in portions of the existing carport requiring reconstruction and there may be additional construction required in order to satisfy UBC regulations. Site Conditions: The subject property is an odd shaped lot with a substandard lot width where the house.is loacted (80 ft. instead of the 85 ft. standard). There is currently an attached 3 -car garage on the southwest end of the house. Where the illegal carport is, the house maintains a 12 ft. setback which complies with setback requirements. FINDINGS 1. Strict Interpretation Causing Unnecessary Physical Hardship Inconsistent with Ordinance ObJectives The purpose of setback requirements is to maintain open space and privacy in residential districts. Enforcement of the 10' sideyard setback is consistent with this objective. It does not cause an unnecessary physical hardship as the carport was built without building permits and, therefore, the practical difficulty in removing the carport is caused by the illegal construction and not the regulation. Staff cannot make this finding 2. Exceptional or Extraordinary Circumstances The subject property is an odd shape and the lot width, where the house is located, is 5 ft. narrower „than the standard width. Staff would be able to make this finding were an 8 ft. setback proposed, as it would be consistent with the exception granted to other properties with substandard lot width. However, there is nothing extraordinary about this lot to necessitate a 1 ft. setback and, therefore, staff cannot make this finding. 3. Denial of Common Privilege As there is already a three (3) car garage on the site, denial of a Variance for the carport will not deprive the applicant of the common privilege to have covered parking. Staff cannot make this finding. 4. Granting of Special Privilege Because there are no exceptional circumstances which would necessitate a 1 ft. setback or denial of common privilege, the granting of the variance would be a grant of special privilege. Staff cannot make this finding. Report to Planning Commissi 7/13/84 V -649 - Fred & Susan Schumaciier, Westcott Dr. Page 3 5. Public Health, Safety and Welfare The carport will need to be reconstructed in order to meet the Uniform Building Code fire safety regulations. This would be required if the variance were approved and, therefore, staff can make this finding. RECOMMENDATION: Staff recommends denial having been unable to make Findings #1, 2, 3 and 4. If the Commission wishes to approve the.variance, it would be per the Staff Report dated 7/13/84, Exhibits "B and C" and staff would recommend the following conditions: 1. The carport must meet all UBC regulations. Building permits for these corrections must be secured within two (2) months from the date of the variance approval and have final building approval within 4 months from this date. The'City shall retain the letter of credit until final building approval. 2. Significant changes to the carport will require Planning Commission Approval, but - will not require public noticing. Approved: Lirtda Lauzz Planner LL /dsc P.C. Agenda: 7/25/84 62wl; - M A Rai hL I. q % —wool I'M l!"NOMEN ic I Am.. 14A a� S�R9 REPORT TO PLANNING COMMISSION City c` nr,..t' '' *Revised: 9/28/83 - n,- APP %G'�': 7 il'w'�S. --r .� DATE: 9/21 /83 DATES C 3 - Commission Meeting: 9/28/83 INITIALS:,,.._. SUBJECT: A -911 - Mr. Fred Schumacher, 14561 Westcott Drive REQUEST: Design Review Approval to construct a second story addition to an existing two - story residence which exceeds the standard floor area for the zone. OTHER APPROVALS REQUIRED: Variance approval and building permits for a carport addition to the north side of the residence which maintains a 1 foot setback where 10 feet is re- quired. PLANNING DATA: PARCEL SIZE: 30,854 sq. ft. GENERAL PLAN DESIGNATION: Medium Density Single Family ZONING: R -1- 10,000 SITE DATA: SURROUNDING LAND USES: Single Family Residential SITE SLOPE: Level SLOPE AT BUILDING SITE: Level NATURAL FEATURES & VEGETATION: There are numerous trees and shrubs on the site. PROJECT CONSIDERATIONS: HISTORY: The applicant commenced building a second story expansion over an existing carport without building permits or Design Review. There is currently partial framing for this addition'. Additionally, staff was unable to find building permits for a completed carport on'the north side of the residence where a 1 foot setback now exists. The applicant will need a variance for this addition and, if granted, a building permit which will require some modifications such as installing 1 hour fire walls. GRADING REQUIRED: None SETBACKS: Front: 229 ft. Right Side: 36 ft. Left Side: 14 ft. (From the Addition) Report to Planning Commissi.a A -911 - Schumacher, Westcott Drive HEIGHT: Addition: SIZE OF STRUCTURE: 2616" Existing Residence: 24' 6" c Existing Structure: 3,400 sq. ft. New Garage: 541 sq. ft. Proposed 2nd Story Addition: 467 sq. ft. Total Floor Area: 4,408 sq. ft. 9/21/83 Page 2 (3,500 sq. ft. Design Review Standard) COLORS & MATERIALS: Wood siding and shake roofing will match existing residence. SOLAR: Clearstory windows are proposed on the southwest elevation. RELATIONSHIP WITH ADJACENT STRUCTURES: The house sits on an irregularly shaped lot about 230 feet back from Westcott Dirve. There are single story residences to the north and east, and a two -story residence on a large lot to the southwest. Trees and shrubs screen_ the existing residence from adjacent properties. STAFF ANALYSIS: Setbacks: The proposed addition does conform to setback and height requirements for the zone, except for the exterior stairway off the two -story deck which intrudes into the required 10 foot side yard setback. As a condition of approval, the stairway must be moved out of this set- back. Privacy Impacts: The proposed addition, with the second story deck, is screened from the property to the southwest by high shrubs and from the residence to the east by a dense tree canopy, thus privacy impacts are minimized. Existing Carport on North Side: If the applicant is unable to produce a valid building permit for this addition, then he must submit variance and building permit applications. Staff recommends that no building permit be issued for the requested second story addition, if approved, until variance approval and final building approval is complete for the existing, apparently illegal, carport. FINDINGS: I. Interference with Views and Privacy The proposed second story addition will not interfere with the privacy of adjacent properties due to the distance between residences and the screening of existirU trees and high shrubs. 2. Preserve Natural Landscape There is no removal of trees or grading involved in this project. 3. Excessive Bulk and Compatible Bulk and Height The landscape screening minimizes any appearance of bulk and the proposed residence is compatible in bulk and hieght with other residences in the neighborhood. The l Report to Planning Commissi,.� 9/21/83 A -911 : Schumacher, Westcott Drive Page 3 second story addition will not impair the solar access of adjacent properties. RECOMMENDATION: Staff recommends approval per the staff report dated 9/21/83 and Exhibits "B, C and D ", subject to the following conditions: I. The applicant shall revise the location of the exterior stairway so as to maintain the required 10 foot sideyard setback. -�: Va ri- a*ce -appre val- -and -f -naI -btri 1 d --n- - approvaI 4s- requ-iTed -for- tire- unapproved -carport-, -de €i- -ort -E- xhfb,rt- "B 1-L or -the- car P port -must- be -remo ve�i- p r i-or to -is� u a rrce- o f -btri i d i-rrg -permi- ts- for- -the - requested - second - story- &Mtiorr. (deleted) *2. Applicant shall post a cash bond to cover cost of demolition of carport and admini- strative costs should he not be able to obtain a variance or a property line adjustment within six (6) months. Should the applicant not be able to legitimize this structure, he shall remove it within the same six month period or the bond will be used for such removal. Approved: Li a Lauzze Planner LL /dsc P.C. Agenda: 9/28/83 *as amended by Planning Commission 9/28/83 VARIANCE RESOLUTION NO. V -649 -1 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA F I LE NO.: V -649 WHEREAS, the City of Saratoga Planning Commission has received the application of �,fr _ Frrx� grhi miachar for a Variance approval for an existing carport in the required side yard setback area, in the R-1- , -zoning district at 14561 Westcott Drive. and WHEREAS, the applicant (kXS3 (has not) met the burden of proof required to support his said application; NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for .the Variance be and the same is hereby (9X4x1g4) (denied) subject to the following conditions: Per Exhibits B and C and the Staff Report dated July 13, 1984. BE IT FURTHER RESOLVED that X��4�XCXX�(XXrXX�i) (the Planning Commission could not make all of the requisite findings), and the Secretary be, and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8th day of August 1984 by the following roll call vote: AYES: Commissioners Burger, Harris, McGoldrick, Peterson and Siegfried NOES: None ABSENT: Commissioners Crowther and Siegfried) ATT _ T: Se etary, P anni��g eaimission M V Planning Commission Page 5 Meeting Minutes 8/8/84 E -1 -83 (cont.) Commissioner Peterson moved to accept E -1 -83, acknowledging that this project will have a significant impact on the environment. Commissioner McGoldrick seconded the motion, which was carried unanimously 5 -0. It was directed that the applications on the project be continued to August 22, 1984. 9. A -998 - Mr. and Mrs. Donald Rumph, 14968 Granite Court, Request for Design Review Approval to construct a two -story addition to an existing one -story residence in the R- 1- 40,000 District It s`d'i�ected that this be continued to September 12, 1984. 10. V -649`` - D1r. Fred Schumacher, 14561 Westcott Drive, Request for Variance Ap Toval for an existing carport in the required side yard set - ack area in the R -1- 10,000 zoning district; continued from July 25, 1934 Staff explained the application, recommending denial since they are unable make the findings. Mr. Schumacher addressed the proposal. He stated that the only one that it impacts is the neighbor, Mrs. Smith, and she also feels that it is attractive He noted that behind his home there is a two -story structure that is sitting on the property line, and he does not believe there :could be any precedent setting problem in granting this variance. Dolores Smith, 14560 Ylestcott, spoke in support of the project. She indicate that she would be most affected by this carport, and she feels it is a posi- tive addition. Commissioner McGoldrick moved to close the public hearing. Commissioner Harris seconded the motion, which was carried unanimously. Commissioner Burger commented that if the Commission did grant this variance there would have to be what appears to be some substantial changes to the carport as it now stands, so that it would meet the Building Code. Staff agreed, stating that when it is that close to the property line the Building Code calls for a one -hour fire wall, and it is an open structure at the momen Therefore, that side, next to the fence, would have to be enclosed and be of substantial construction. The findings were discussed, and there was a con- sensus that they could not be made. Commissioner McGoldrick moved to deny V -649, per the Staff Report dated July 15, 1984 and Exhibits B and C. Commissioner Harris seconded the motion, whic was carried unanimously 5 -0. Chairman Siegfried stated that the Commission feels that the granting of this would set a rather dangerous precedent and noted the 10 -day appeal period to the City Council. Break - 9:05 - 9:15 p.m. 11. A -983 - Richard Geno, Tollgate Road, Lot #IS and #16, Tract 6628, Request for Design Review A proval to construct a two -story single family residence on a hill�ide lot in the NHR zoning district Staff noted that, because of m difications to the proposal, the variance application is no longer applic ble. They indicated that the height limita- tion has been modified such tha it is within the 30 ft. They added that there is no longer a need for tic is permit because it has been reduced. Staff explained the proposal, in icating that they cannot make the findings and recommend denial. Phey note, the applicant's comments in the packet rela tive to the Staff Report, specif cally AJo. 13, which is not applicable at thi time and should be struck from tie comments. Commissioner Harris questioned Condition 9, stating that she did not recall any discussion regarding decks, and 6" does not seem appropriate. Staff was asked to review this and clarify The public hearing was opened at 920 p.m. Mr. Geno submitted pictures of the site and discussed the modifications that have been iradc. He discusses, the .f Indings in terms of the bulk issue, noting that there appears fo be a wide ran e of sizes i.n the homes and properties wi in S00 ft. of the subject.. property aid there has been design review approval for homes up to 1G,19S ss{. ft. in the NHR zone. Planning g Imission Page 8 �tceting� .tes 7/25/54 V -643 (cont.) The public hearing was opened at 10:35 p.m. Mr. Lohman appeared and described the proposal. He indicated that Ile would like.to use a dumpster that is now on the property for removal of the shed. Commissioner McGoldrick moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve V -648, per the conditions of the Staff Report dated July 18, 1984 and.Exhibit B, with Condition 1 changed to read that the existing shed shall be removed prior to final approval, rather than issuance of building permit, making Findings 3 and 4 for the reasons stated. C issioner Burger seconded the motion, which was carried unani- mously 6 -0. is V -649 - M . Fred Schumacher, 14561 Westcott Drive, Request for Variance proval for an existing carport in the required side yard set - back area, in the R -1- 10,000 zoning district The proposal was explained by Staff. They indicated that they were not able to make the findings and recommend denial. Commissioner McGoldrick gave a Land Use Committee report, agreeing with the Staff Report. She added that she sees the carport roof as a fire hazard and feels that the applicant can still park a car there. \ The public hearing was opened at 10:41 p.m. Mr. Schumacher described the lot,•commenting that it seems that this is pri- marily an issue between him and his neighbor, as no one else is impacted. He stated that he would like to have an opportunity to discuss this with his neighbor.before lie is forced to tear down the structure, to see if there are any other options. He explained that''he had been out of town and would like to have the matter continued. It was directed that this matter be continued to August 8, 1984. MISCELLANEOUS 16a. SDI -7 - Steven Dorcich, 18570 Sobey Road, Site Modification and Design 16b. A -912 - Review Modifica ion Approval for rear decking and an enlarged Mod. driveway backup area on slopes >100, in the R -1- 40,000 zoning district - -- Staff described the modificati n, recommending denial. Commissioner McGoldrick gave a Land Use Committee Repo t, discussing the trees on site. She agreed with the Staff Report. Commis ioners Harris and Burger agreed, indicating that it will be very visible and fro down below it will give more of a perception of bulk. Chuck Miller, landscape architec , explained the current proposal and reasons for modification. He discussed he proposed landscaping and possible alter- natives for the deck. Commission r McGoldrick stated that the swimming pool and play areas of the house are a sumcd to be in the front around the pool, so that the back of the house where he decks are is not their primary recrea- tional area. The architect for the project Comm nted that the primary purpose of the rear decks is to soften the effect of t e height of the building and is a design element of the building. Commissi ner Schaefer asked if it were logical to build in planters on the top rail s they would drape over the deck. Ile indicated that that would be a poss ble solution. He discussed the plantings in the interior courtyard. Commissioner Harris asked if the concrete area on the driveway needs to be that large. The architect discussed the driveway and possible options for the extension of the backup area. 11 indicated that they would be raising the wall around that area to create , barrier to prevent people from either driving or walking over the edge of he paving. There was a consensus to rake the mat er to a study session, to further review the proposal and possible opti ns. Chairman Siegfried commented that the Commission would like to see some other possibilities in terms of reducing the size of the decking, maybe stepping it down, integrating some planting, pulling the driveway back, and some options showing how the applicant reached 8 C C To: Saratoga City Planning Commission From: Fred M. Schumacher Re: Covered Carport at 145461 Westcott Dr., Saratoga The variance is necessitated by the'fact that the lot is an odd configuration. Although the total size is approximately 0.8 acre, it steps in to only 50.feet'where the house is located. Therefore, it was not possible to cover that portion of the driveway without going to the property line. An attempt was made to purchase the,section that steps in from the neighbor, as the attached offer and subsequent declination shows. In response to Section VI: 1• The physical hardship is due to the fact that the lot is _ only 50 feet wide where the house is located. 2. The configuration of the lot is certainly unique and results in a considerable amount'of non — utilizable property.' 3. Denial of the permit would prevent me from having " ::';::.• functional aspects of a house that should be realizable with the size of this lot. 4. The granting of the variance certainly.would not be a �,•, �,,1� grant of special priviledge as .the difficulties were caused when the lot was created in this odd configuration. 5. The area of the carport is so isolated it cannot be seen by anyone except the neighbor that has the property bordering the carport. This neighbor believes the profile is more aesthetically pleasing with the carport than it was prior to the carport. Not one of the neighbors object to. the carport as the attached signed survey shows. 3 c � We the undersigned, having property adjacent to 14561 Westcott Dr., have no objection to the existing carport on that property. Name Add NAME Address Name Address' Name Address I `7 (2 Name fC Address '3 L 76 Name ADDRESS THANK YOU, Fred and Sue Schumacher iif 9. • -ewe. �.�a�, .� • C ,` A .Y e,,JK, vtamo tLL 1&"Amt Palci _. 1 -tom; L AJ% .' Uftow the CDegk o . . . . Fred M. Schumacher /V(P .. . ....... ... L IC C, a bi r 7'0 cll----,�:i':72-07by Fred M. Schumacher 14561 Westcott Drive Saratoga, CA 95070 November 16, 1983 Ms. Dolores Smith 14560 Westcott Drive Saratoga, CA 95070 Dear Ms. Smith: We have had several discussions regarding my desire to straighten out the lot line of my property bordering yours by purchasing the 13.50' by 95' section (2,282.5 sq.ft.) from you or, as was suggested by one of the members of City Council, trading for the access easement which is approximately 15' by 200'. Your main expressed concern regarding the sale was a reduction in privacy by giving up the 13.5' section. Should you sell this property to me, I would agree to plant a dense row of trees or put in a block wall, whichever you would prefer; either of which would increase your privacy. The, block wall would, in addition, act as a sound barrier. The price that I am offering to pay for this 13.50' x 95' strip of land is $7,000.00 cash, plus all costs of purchase and lot line adjustment. Should you prefer to trade the 13.50' x 95' strip for the 15' x 200' easement, I will pay for all costs of lot line adjustments. I understand that deeded access makes your property much more valuable, so this latter approach may be' the better for the lo:�oer term. in either case, I :Ji l Z take the steps nee .essar' ..tu insure your privacy. Please let me know if any of this is acceptable so that I can resolve the problem with the City regarding the car port that does not meet code. Very truly rs, red M. Schumacher FMS /jd