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05-20-1998 Staff Reports
SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3C AGENDA ITEM S 8 3 MEETING DATE: May 20. 1998 CITY MANAGER I��� ORIGINATING DEPT. Paula Reeve' Office of the City Manager SUBJECT: Approval of Amendment to the Agreement for Countywide AB 939 Implementation Fee RECOMMENDED MOTION: Authorize the Mayor to execute an Amendment to the Agency Agreement for the Countywide AB 939 Implementation Fee. REPORT SUMMARY: The Countywide AB 939 Implementation Fee has been collected by the County Integrated Solid Waste Management Program since 1992 on all wastes landfilled in Santa Clara County. In 1996, the Board of Supervisors approved collection of the Fee for a third two -year term, which ends June 30, 1998. In order to keep the Fee in effect during FY 99 and FY 2000, it must be reauthorized. Each city contracts with the County for the collection and distribution of the Fee for the purpose of funding jurisdiction specific programs required for meeting AB 939 waste stream diversion goals. AB 939, or the Integrated Waste Management Act of 1989, sets two goals for the cities and counties of California: to reduce the amount of waste disposed in landfills by 25% by 1995, and 50% by the year 2000. Local jurisdictions were successful in meeting the 1995 goal, and are currently working towards achieving the year 2000 goal. The reauthorization of the Fee for a fourth two -year term, at the current level of $1.30 per ton, will maintain an adequate revenue stream to ensure funding for ongoing AB 939 related programs to meet the future 50% reduction requirement. Changes Proposed by Amendment The Amendment proposes two changes to the existing.Agreement: 1) a two -year term extension through FY 2000, and 2) implementation of a new distribution formula. The suggested revenue distribution method will simplify and streamline processing of payments without substantially affecting each jurisdiction's share of total revenue. The new formula relies on disposal data submitted quarterly to the County by landfills. The data outlines tonnage disposed at each Page 2 Amendment to Agreement for the Countywide AB 939 Implementation Fee Changes Proposed by Amendment Continued site, and is broken down by jurisdiction of origin, as required by the state mandated Disposal Reporting System (DRS). Using DRS figures instead of the current formulae will simplify recordkeeping and Fee distribution. County staff could process payments immediately following submittal of DRS reports by landfills, eliminating the need for submission of separate requests for payment from each jurisdiction. FISCAL IMPACTS: The proposed fee would generate about $2,028,000 annually. Saratoga's estimated revenues will be approximately $20,000 per year, and will be used to operate the City's Integrated Solid Waste Management Program. ADVERTISING, NOTICING and PUBLIC CONTACT: Nothing additional. CONSEOUENCES OF N ACTING CTING ON THE RECOMMENDED MOTIONS: Each jurisdiction would have to develop an alternative revenue source to fund AB 939 implementation. In the event that the Countywide Fee is not approved for FY 99, the City of San Jose will immediately reactivate its own AB 939 Fee on all waste disposed at landfills located in the City. Revenues from such a Fee would benefit only San Jose residents. Other jurisdictions would strongly object to paying an AB 939 Fee which does not benefit their residents. FOLLOW UP ACTIONS: 1. Execution of two Agreements by the Mayor 2. Forward endorsed Agreements to the County ATTACHMENTS: Amendment to the Agreement for Countywide. AB 939 Implementation Fee SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 Q 7 AGENDA ITEM S MEETING DATE: May 20, 1998 ORIGINATING DEPT.: City Clerk CITY MGR. APPROVAL 4441i SUBJECT: Resolution Declaring Weeds and Brush Growing on Certain Described Property to be a Public Nuisance Recommended Motion: Adopt resolution declaring weeds and brush growing on certain described property to be a public nuisance. Report Summary: The attached resolution represents the first step in Saratoga's brush abatement program administered by the County Fire Marshal. The County has determined that the parcels in Saratoga on the attached list have brush growth which is a fire hazard or otherwise noxious or dangerous. The Council should pass the resolution setting the public hearing for brush abatement for June 3. Fiscal Impacts: None to City. County recovers its costs from administrative portion of fee charged to property owners. Follow Up Actions: The County sends the property owners notices informing them that the brush must be abated, either by the owners or by the County; when County abatement will commence; and how they may present any objections at the public hearing. The public hearing is noticed in the newspapers as well. After the public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place later, when the County presents the Council with a list of properties whose abatement bills have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. Consequences of Not Acting on the Recommended Motions: Brush abatement could not be performed by the County. It would be necessary to depend upon property owners to take care of their own abatement. Attachments: 1. Resolution uaizuiaa U0:4/ Q4U5 ZiU 804( SUU /E1<A tJ002 1998 BRUSH PARCELS FOR THE CITY OF SARATOGA Work T_ Request Situs Owner Name Owner Address Engine Comments 50318045 15 20701 ASHLEY WY S A BURNETT CAROLYN P TRUSTEE 20701 ASHLEY WY SARATOGA CA 95070 -3728 51003003 15 A, B, C 15260 PEPPER LN S A BARTON JAMES B AND GAIL K 15260 PEPPER LN SARATOGA CA 95070 -6450 51003005 15 B 15200 PEPPER LN S A MOESSNER HELMUT A AND URSULA 15200 PEPPER LN SARATOGA CA 95070 -6450 51003008 15 B 15140 PEPPER LN S A HARRIS JAMES M AND BARBARA S 15140 PEPPER LN SARATOGA CA 95070 -6450 51003009 15 B, C, D 15100 PEPPER LN S A PERAZZO ELEANOR K AND JAMES B PO BOX 2222 SARATOGA CA 95070 51003019 15 B 19730 SARATOGA -LOS GATOS RD S A PRUSS JOSEPH F AND CHERYL I 19730 SARATOGA -LOS GATOS RD SARATOGA CA 95070 -6449 51006006 15 B, E 19330 SARATOGA -LOS GATOS RD S A KREYENHAGEN DIANE J ET AL 19330 SARATOGA -LOS GATOS RD SARATOGA CA 95070 -6435 E- Please provide bigger numbers. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 O D AGENDA ITEM MEETING DATE: MAY 20, 1998 CITY MGR.: OW, ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: 4,0 SUBJECT: Final Map Approval for Tract No. 9074 (15 lots at 14135 Douglass Lane and 20325 La Paloma Avenue), Owner: Pinn Brothers Spaich. Recommended Motion(s): 1. Move to adopt Resolution No. SD 97 -012 granting final map approval of Tentative Map Application No. SD 97 -012 for fifteen lots at 14135 Douglass Lane and 20325 La Paloma Avenue. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 97 -012 which, if adopted, will grant final map approval for fifteen lots located at 14135 Douglass Lane and 20325 La Paloma Avenue. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 97- 012, have been completed or will be completed concurrent with development of the fifteen lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $37,937.50 in Engineering Fees, $98,670 in Park Development Fees, and $20,000 towards future street maintenance of Douglass Lane and La Paloma Avenue required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Tract Map. 3. Resolution No. SD 97 -012 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 97 -012 approving the tentative map with conditions. ITEM 3 I I REPORT TO THE PLANNING COMMISSION Applicant No./Location: SD -97 -012 20325 La Paloma Ave.& 14315 Douglass Ln. Applicant /Owner: PINN BROTHERS SPAICH Staff Planner: James Walgren, Community Development Manager Date: February 25, 1997 APN: 397 -24 -010, 038, 073, 074 075 Division Manager: i S'.°ATOGA HIGH SCHOOL 145 North s LI R 1 12.x00 /c--1 4 Aill it11.4 411■...da 4 444. 40 V i- IMIIIIIIIP7 /1„.-i /Z 4 -i* le 0 Ilk Now IP r t1 L' as di la i l t/ poo CT 3 P C:"/ '4 .....m::::::::::1111101 111W IP' iet_ .:i 411 i' i ill ,N it,,.. f 44, I .....,,,,,A ito lionagno •r I a „::::::::::::::„„,f„,,,::::::::::::::::,„:„:„„„:•:::: iql e j 1 OR Ik‘r is 1 f r-�. 1.90242 A �.A. asi1NCTK BORDER LINE Kull,Inc• B THIS MAP IS THE NOR BONDER R =75.1 M•_T l s h TO .1/4* LP. N MOI d' NpOr 99 +p' In' NOMA FES 91BpW9p1 LOT LINE ^I PER 3M YAPS PAGE 38 YE 19 FD. JA I REBAR PER (A) INdc '4's CENTERLINE m JA 1 N g6- O 21 TAIL B OTHER EASDNG PROPERTY OR RIGNr -OF -WAY LINES III (4) 1i$ N L3 moo' opL' S. e' l.. 1 1 1(4 L P KN O3R7 g 6 SE_ mR RYAn A a --II TRACT 3693 AC ACRES I BRACKETS IN ,A e L �1D E E. j L OT 8 R}sL IA Q EV. A.E t o N? 60 N t LIS 0.87 AC (14E7) T) 8 J TA I.E.E. SCALE: 1 =1 �4- G ME 114 AC (CROSS) 5 DON EAS N `r 0 .1 �'R for r OR. 2 f1E E7 I 3 4'a +c4' 569 �,N n 65' 3} W SI N A P.A.E. PARTWAY ACCESS EASEMENT /T/6 !�'C,x S 1 N I JA� N. J 73 1 4 P 5 e P.SD.E. PRIVATE srou DRAW EASEMENT 1 TD JH (OFY) 'L Y^ R P(P (A) 4 �P a t, END PUBLIC STREET t 10" PS E. /'4 'N ?7 !i ce LO 10 7, •6 -0 a91 AC /4' �1I =46'18'11' o L.S. 2 II L q y BEGIN PRIVATE ROAD P.S.E. PUBLIC SEANCE EASEMENT •1 fFa J /1' I.P. D[T) Q p i/ (R) RADIAL BEARING p /t)' P' le., R.E. 8307 TP 6 ,e 085 AC (0.P EN N z l Roe -aTSON 1=60.0. 1 4I I I PARCEL I 0./w IRAN! OF WAY 0 •6� PER C ,o�'._ u LOT 9 113 r 656511-1.1-.20 6511-1.1-.20 .6511-1.1-.20 S5E. SANITARY SERER EASEMENT 9 ty 9 LOT 15 1 ....lief 174.5 S P 10 AC 6 9 0 A 1 I S ,E 7 3/4'1.P. u -r -el BOON U MAPS +r PAGE e (rro DETAIL "A" 9:? a% AC 15 7 4: 1. an Ac (CROSS) Ls. m1 PER (L: 4 40 1.18 AC MOW) j$ S 40 I I NOTE G FJ i 6.44 „It LOT 11 r) 4 7, 140 I m N 5 \0 N 1 'L 4O v 0.65 AC 0E17 p' '1 I hi P.S.E. OFFERED FOR DEDICATCN W BOOK Dee 0 YAPS PAGE 25 J Q "P\ j 10 h\ 9 l ad 0 a70 AC (ROB a, X I6 I s f I 1 0.2571''36 Zy W AND ACCEPTED ON BEHALF Of ME PUBLIC BY DEC CITY OT SARA TOGA. \..4.5 M1' -.-5 9� S IP R= 45.00' F /q e p i �d Q 3 R/W pTFRED FW DEpCAnON N 8001( I$8 p� YAPS PAGE IS C J E' L° L 19' �ti /1 h i A AND RE {CIED ON BENALE OF ME PUBLIC BY ME OTT 0� +TOGA. ID 1 I/1 I ept i L S h \K k. ;P, S�' r r f ro 'N A M 1 O PAP Q S A =5855 1 S CONE. fRL ,y'.� L h C G LO 7 2f I I a 6se y� A ALL DISTANCES AND OWEN90NS ARE OWN IN FUT Z PER A 4, c ,,f 'LD o f T R =45 ��,/7 (NET) 1 AND DECIMALS TNER[OF. •f b C21 A9. n L =46.28 cy 1.39 AC 1 ED Rar Qm•A npL C S'• �I T- Ir eX4 e C13 J 7 4' a L44 AC (GROSS) m- .wA lase ACRES CONTAINED M11MN p5IML 01E N t 4P`.6 0 =9 Q 4 e IA. g" YP 17'E p1 'M� R= 75.00' p Cj, P 4' s' Ty 448256' 16 1.19 79 79 ...At 65 0.R. 590 I 441 1' RFFFRENCE MAPS h q l t1 L =12392' -24•\ �`e` d3� 'P,.• 752, 1' 3 CPla i :JP- L' C2 1 1 j L L I /6 JP' LP. L S 24' A) PARCEL YAP. RECORDED IN BOO( Tee YAPS, PARE 25 10. i' J4D 1h 1 E o R O FD 4 5 J/ I h D' OJ 9 c. 4 4 "4 6, L SEF� S00'l 4�1• '7• 1 a fi e ,0•• LOT 1 9� 1, I L 6 ^'y A FD. J /1'LP. RQ !A (B) MCI' NO 6]71. RECORDED IN BOON IlJ YAPS PAGES 31 a 52 `G. 0.9 AC /�/y 1 1��F 'c 'F1 !lGjjj��\ 1 9 Y• o c r f 5,p]) '1 i. A9 1 h (1.111144) J•.�r g.6 LOT 6 a �GP �j (C) PARCEL YAP. RECORDED W BOOT 656 YAPS PALE TO `1i 1 y 1.19 A C WIW) '.I fij�, nV _435 P. i 1.50 AC (1E1) '1 44 LOT e Ob C 0 eP. FD J/4' LP. T.' c• f. f LA) s I.SB AC (CROSS) TRACT ON 411,0 9 0.'t QP d' t .g ,,,,,,,,\...e, ''P KO 1 ,5 i m J LP ww S ow BASIS OF BFARINGS went 7121 3 rRLY'? 2 I F,Y`•�se API ;ENO \,p� W2 t� o 171 a 4,1, i c d L PER (A .3 6 08 W DAREq 4'6 wrAr o h ;i^ C- ,N. 1 L JI `¢I' J F B p J 59.50 THE BASIS OF BEARINGS FC FOR THIS RLY 910 �1 q 1 d LOT 2 2 '7 '1` j 1 i BOUNDARY LINE OF PARCEL B FOUND RECORDED IN NTED AS SHONN ART f t Y "1 '..P. !D JII•IP C1 J t t' Y 4 y" ON THAT CERTAIN PARCEL MAP RECORDED IN BOOT( 488 OF MAPS '1 'o JC •i5 a92 (AEI) e q c A. O rtR (e) 4, C .LL, 1.0? AC (CROSS) y' CI SO fp s•' a QD" M �p 6 SuTRO Ai PACE 25: SANTA CLARA COUNTY RECORDS. L P 75' }9 w1R�- ....--t•-• 'GS MJ 'N/RS L9 J 7 T V 135 01E00 590 F t,. t,. O' 570__- R f 07 lm 4,(P/ SEE Of TAO A F 0 �`h 1- �1, 680 .485e-_ 4 e 1 .\yam \D� j/ f 15 4` 0. L6 1 O h j p �C i q 4 fD RR SPIKE PER (A) 1h ma y Oa J' '40 e 1 1D 1 5. C20 w t �,Et,.., L L I� //,,,r# O J pA 6)11 CURVE TABLE S 6 6 'D LOT J 'c '''..s,,,., 9 LOT 5 '4 9,• 1 P- TRACT 5927 (0A�ET// (ONE�T ,+E ,rp'�JJ�' l0• EWFSTW +N a Psc CUR Cl RADIUS 1E7/ 963' 33 91T L 7.28 AC (QROts3) YP 1.1; AC (d' 7) L P 473-6-51 T /52 CJ 15.00' 16.09' %53'06' t 4 F LrP 'L 419) r LINE TABLE HAYFIELD ESTATES TRACT NO. 9074 CI 55.00' 10 1045'.15' F ol f d l t J PEa 1 1) 1 LINE DIRECTION DISTANCE LINE DIRECIIOV DISTANCE C5 9500' 1784 1045'35' fie` t a 1 C L]6 L V �i t I LI 586'46'17' 7197 1.23 51256'44 30.19' CONSISTING OF 2 SHEETS C6 3700' 3699' 5776'16' L`�"ST 401 4� L2 N7216'031 4861' 124 N1256'14'14 '166.9/ BEING A SUBDIVISION OF PARCELS A AND B AS SHOWN IN CI 3700 51.71 9171 JI F 4 •6 ti 4„Af T 59. U N434.5'44'1 34.8.1' L25 51256'412 •19.26' C8 3700' 9619' 14996'07' BOOK 488 OF MAPS, AT PAGE 25, AND INCLUDING THEREWITH 91 L X 11 447843'172 1523' 126 N1256'44'W 17.51' CO 6500' 28.58' 257136' O aaL I 1 o SR O e t L5 N5815851 44.29• 127 55151 64.73' THAT PARCEL OF LAND DESCRIBED IN THE DEED RECORDED CIO 25.00' 10.99' 2571'36' !6 J/! IP. 401 y�' G L6 N2812461 ea I9' 128 S3808701 156.11' cn sSOD' 79.78' 83136'44' 683136'44' o to (q N L7 N4471 9034' 129 N389870 759.37 IN BOOK 65, OFFICIAL RECORDS, AT PAGE 590, c12 6500' 66.85' 5855'1T R I G67 1' AygO D P L8 442042712 3562' L30 N3eTIB7oww 171.92_ SANTA CLARA COUNTY OFFICIAL RECORDS C73 15.00' 25.71' 5855'23' LOT 9 t 1 (1 L9 N677 3 40 17' LJI 53898'202 196.36' 04 3700 1781' 7197 LOT 11 TOE YENILVLC \Y Q_ Ot N 110 N4SVI'I6E 6447' 132 N.3898104 N.3898104 81.80 LYING. IN THE C15 37. 00' 95.06' 14777'57' h ,)j t pY C p+ g III N8950'341 32.68' 133 538118'20I 37.00' 2069' 3292'11' 7 h' �E/ O 9 4 R. 1g9 1.12 N647.1251 144' 134 N38T)B70'W 5.06' CITY OF SARATOGA, C +60 61 5' 157! LOT 73 fi .i..\ h 5 3 1 f E Q sS F, pT 1 LIJ 444591'162 SBIJ' US S8256 Ie1.a- SANTA CLARA COUNTY, CALIFORNIA 446'E J968' L36 N7010 J2797' CI9 2500' 39.27' 9090'00' 11 so 4 Lot 5 6 1 64 E 90.../"....... LIS N7654'381' 1 61 L II NI 492'461 U7 58256'I7 13092' MARCH 1998 C20 5500' 90.88' 12176'55' 944010' .4.,-- I 4 ,1 0.h LOTS S IR N 0 3 0 S 7 LI7 9 8071' 82 110 41 LJ9 N42'48'304 5.00 CI C22 9 5.00' 756.97' 9440 9' ii E 9 L Ny 3i6 51 `6'. 118 7788'40551 78 J8' 1 40 S477E30 11515 0.E C23 3700' 222' 0J76'05' ,,I ;C .,0 p 9`' p5E� "0 179 N894324 16 75' /II 54757:.50 i 45 15' Giuliani I(5 171' S a U S 18 99' (42 55974'25 60 17' C74 45 n0' 819` t O ti h 1 (DE 1 y I f f 170 57 7!11.11 %lever, C N 6., •;,.,7e 130. I A 1 '6 77'I 167911 4 i 111 N7070'0� l /J 9 1 113 N/010'(70Y f7i 9 4' r i 0JI 36'1833 S 122 53376'S4'6 33.9 1 /i4 Ng156'88256.121 877' 110H1 Ri3 IS 0. (6 ,Il 1 u 1 RIM 41 DETAIL "y DETAIL rco T-(;••• Auburn LuPer t IIuI UU'S' RESOLUTION NO. SD 97 -012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 97 -012 14315 DOUGLASS LANE AND 20325 LA PALAOMA (PINN BROTHERS SPAICH) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 15 as shown on that certain map of Tract No. 9074, prepared by Giuliani Kull, Inc. dated March, 1998, and filed with the City Clerk of the City of Saratoga on May 20, 1998, are approved as FIFTEEN (15)individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk 1 CONTRACT FOR THE IMPROVEMENT OF SD 97 -001 AGREEMENT, made and entered into this day of 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and PFEIFFER RANCH INVESTORS, INC. subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 14315 Douglass Lane and 20325 La Paloma Avenue situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 97 -001 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Giuliani Kull, Inc. Civil Engineer, approved by the City Engineer and now on file in the offices of the Clerk of said City and /or the City Engineer's Office of said City, and 2 WHEREAS, the City Council of said City did on the day of 199 adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the Subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in, for, or appurtenant to said subdivision, and all in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to the City and file with the City Clerk a good and sufficient surety bond or bonds, money or negotiable bonds, in form to be approved by 3 the City Attorney, securing the faithful performance by Subdivider Y Y, g P Y of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least 30,000.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total amount of said bond to be in the sum of 300, 000.00 and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other °work herein agreed to be done by the said Subdivider, the amount of said bond to be Three Hundred Thousand Dollars($ 300,000.00 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of i 4 Subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from Subdivider's operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing g o ng or failure of Subdivider to do all things required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage 5 coverage of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance the coverage afforded by this insurance shall be primary coverage to the full limits of liability stated in the declarations. If the assured has other insurance against the loss covered by this policy, that other insurance shall be excess insurance only, after the entire face value of this policy shall have been exhausted by payment." 5. In consideration of City allowing Subdivider to connect said subdivision to certain existing or proposed out -of -tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right -of -way for, and /or to construct, any out -of -tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero dollars 0 6. In consideration of City agreeing to accept, in accord with this agreement, the in -tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices, including the streets and other easements in or beneath which said facilities lie, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero Dollars 0 7. Subdivider shall, before the release of said final map by the City and as a condition precedent to the recordation thereof, pay to the City the sum of Twenty -one Thousand Dollars 21, 000.00) to be applied by City to the payment of expenses to be incurred by City for engineering and inspection services to be i 6 performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the Subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. 7 IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: Subdivider By: (Owner, if different from Subdivider) RESOLUTION NO. SD-97 -012 V- 98-002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING VESTING TENTATIVE MAP Pinn Brothers Spaich; 20325 La Paloma Ave. 14315 Douglass Ln. WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Vesting Tentative Map approval to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres, all as more particularly set forth in File No. SD -97 -012 of this City; and WHEREAS, application has also been made to the Advisory Agency for Variance approval to allow the total proposed building area for Lot 9 to exceed the 7,320 sq. ft. maximum permitted by Zoning Ordinance for a 3.08 acre parcel, all as more particularly set forth in File No. V -98 -002 of this City and the following findings have been made: That because of special circumstances applicable to the history of the property, strict enforcement of the specified regulations would cause undo hardship and deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district, in that the preservation of the Julia Morgan designed main residence and guest cottage, both Saratoga Heritage Resource Inventory structures, benefits the greater community. Approving the Variance request will only allow these two existing historic resources to remain. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district, in that similar consideration has been, and would be, given for other property owners who were requesting to retain buildings historically significant to Saratoga. That the granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and WHEREAS, an Environmental Initial Study has been prepared for this project which concludes that the net increase of eleven new single family homes on this property will not cause any significant and/or unavoidable impacts on the environment and a Negative Declaration was adopted by the Planning Commission for the project at the March 25, 1998 public hearing; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated February 25, 1998 being hereby made for further particulars; and WHEREAS, none of the conditions set forth in Government Code Sections 66474 (a) (g) and 66474.6 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted duly noticed public hearings at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the Vesting Tentative Map for the hereinafter described subdivision, which map is dated March 19, 1998 and marked Exhibit "A `B" and "C in the herein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: File No. SD -97 -012 V -98 -002; 20325 La Paloma Ave. 14315 Douglass Ln. Community Development Division Acknowledged. 1. Future development on all lots shall require Design Review approval. The site development plan reviewed by the Planning Commission shall be used for future yard orientation determinations. Building setbacks shall be either per the site development plan or then current Zoning Ordinance requirements, whichever are greater. The architectural style of the new homes shall be consistent with the architectural plans approved per Exhibit "C Acknowledged. 2. Future homes shall be sited and designed to minimize the amount of pad grading necessary. Acknowledged. 3. Landscape and irrigation plans shall be required for each new home application. These plans shall be consistent with the model landscape plan approved per Exhibit `B" and shall be installed prior to issuance of Final Inspection of each new home. Acknowledged. 4. Design review approval shall only be granted upon finding that the proposed structures are compatible in terms of scale and design with the existing adjacent residences, that they are in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Acknowledged. 5. Lots 1, 2, 3, 10, and 15 shall be limited to single story structures not to exceed 18 feet in height. Lot 8 shall be limited to a single story structure not to exceed 22 feet in height. These restrictions shall expire upon issuance of Final Inspection of each new home. Future additions and/or redevelopment shall be governed by then current Zoning Ordinance requirements and private Codes, Covenant and Restriction agreements. Acknowledged. 6. No ordinance protected trees shall be removed without obtaining a tree removal permit, with the exception of those trees shown to be removed on the Vesting Tentative Map marked Exhibit "A" to accommodate subdivision improvements. Acknowledged. 7. Subdivision improvement construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils public safety. The Public Works Director may grant an exemption upon his/her determination of an emergency. No such construction work shall be permitted on legal holidays. Acknowledged. 8. All requirements for tree protection as recommended by the City Arborist shall apply throughout subdivision improvements construction. Complete. 9. Subdivision improvement plans shall include all common area landscaping approved per Exhibits "A" and "B All required landscaping shall be maintained be the new homeowners via a maintenance agreement to be prepared by the applicants and recorded against each new lot prior to Final Map approval. Acknowledged. 10. All public and private improvements required for the project shall be completed and accepted for construction by the Director of Public Works, Community Development Director, and/or the appropriate officials from other public agencies, including public and private utility providers, prior to Final Inspection of any permitted homes on any of the lots. Acknowledged. 11. The cottage structure shall be relocated to Lot 9 prior to commencement of any on -site construction activity. Complete. 12. The Vesting Tentative Map Exhibit `B" shall be modified to eliminate the gated entrances at both La Paloma Ave. and Douglass Ln. prior to Final Map approval. File No. SD -97 -001 V -98 -002; 20325 La Paloma Ave. 14315 Douglass Ln. Acknowledged. 13. The Agreement Regarding Spaich Project, attached to this Resolution and incorporated by reference, has been entered into by the neighbors and the applicants. The following provisions of this Agreement shall constitute specific conditions of project approval, enforceable by the City: a. Onsite construction trailers shall be sited near the project center away from existing neighborhood residents. All construction equipment, vehicles, and vehicles of workers, contractors, and subcontractors will be parked onsite. b. Dust and erosion control will be maximized on -site and streets in the adjacent neighborhoods shall be maintained in a manner to avoid the accumulation of mud and dirt in the streets. Adequate litter and debris control shall be provided in the surrounding neighborhoods and streets. c. There shall be no street lights installed within the subdivision. The items of this Agreement that address construction period activity shall be enforceable by the signatories during construction, with the City's cooperation and assistance. The remainder of this Agreement that addresses long term property maintenance issues shall be recorded as Code, Covenant and Restriction (CC&R) items against each new lot. Enforcement of these restrictions would be the responsibility of the future property owners and the signatories of the Agreement. Any amendments to the CC &R's would require Planning Commission approval. Completed 14. The Final Map shall note that the two cul -de -sac private roads, the emergency vehicle connection/pedestrian pathway and the Wildcat Creek pathway all incorporate public pedestrian easements, allowing for public pedestrian access through the development and along the pathways shown per the Vesting Tentative Map marked Exhibit "A Engineering Division Completed by 15. Prior to submittal of the Final Map to the City Engineer for examination, the owner Surveyor. (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 16. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. File No. SD-97 -001 V -98 -002; 20325 La Paloma Ave. 14315 Douglass Ln. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. Fee paid. 17. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Bond Posted. 18. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 19. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required on Final Map. easements and/or rights -of -way on the Final Map, in substantial conformance with the approved Vesting Tentative Map, prior to Final Map approval. Plans submitted and 20. The owner (applicant) shall submit engineered improvement plans to the City Engineer in approved. conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. The plans shall include improvements for the Durham Court storm drain outfall to Wildcat Creek. Fees Paid. 21. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the City Engineer, at the time Improvement Plans are submitted for review. Agreement signed. 22. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All securities 23. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- provided. 60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. Insurance provided. 24. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code, prior to Final Map approval. All utility 25. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with commitments provided. satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. A 11 permits obtained 26. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivi- sion improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. Fees paid. 27. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. T File No. SD -97 -001 V -98 -002; 20325 La Paloma Ave. 14315 Douglass Ln. Complete. 28. Prior to approval of the Final Map, the applicant shall file a Notice of Intent OI with th PP (N the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. Acknowledged. 29. All building and construction related activities shall adhere to New Development and Construction Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. Complete. 30. The Project Geotechnical Engineer shall review and approve all geotechnical aspect of the final Tentative Map and related plans to ensure that the consultant's recommendations have been properly incorporated. Complete. 31. The results of the plan shall be summarized in a letter by the Project Geotechnical Engineer and submitted to the City for review and approval by the City Engineer prior to Final Map approval. Acknowledged. 32. The geotechnical consultants shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. Structures should be demolished and areas of loose debris should be removed prior to site construction. Geotechnical field inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, grading inspection, fill compaction testing, roadway pavement section preparation, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as -built conditions of the project on an As -Built Map and Cross Sections and described in a letter(s) or report(s) and submitted to the City Engineer for review prior to finalization of the subdivision improvements. Fees paid. 33. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical consultant's review of the project prior to Final Map approval. Fees paid. 34. The owner (applicant) shall pay $20,000 dollars towards the future overlay of Douglass Lane and for the future slurry seal of La Paloma Ave. prior to Final Map approval. Utility and Public Safety Providers Acknowledged. 35. Sanitary sewer service for all parcels shall be required per the requirements of the West Valley Sanitation District. Acknowledged. 36. Domestic water shall be supplied by San Jose Water Company. Acknowledged. 37. The owner (applicant) shall install additional fire hydrants as determined by the Saratoga Fire District. General Liability Acknowledged. 38. Applicant agrees to hold City harmless g PP 1P' ty from all costs and expenses incurred by the City or File No. SD- 97-001 V- 98-002; 20325 La Paloma Ave. 14315 Douglass Ln. held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Acknowledged. 39. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 1. Conditions must be completed within 24 months or approval will expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th day of March, 1998 by the following vote: AYES: Commissioners Bernald, Kaplan, Murakami, Pierce, and Chair Patrick NOES: None ABSTAIN: Commissioner Martlage ABSENT: Commissioner Siegfried AI Chair, S g Commission ATTEST: At v1An etary, Planning Commission I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 300 AGENDA ITEM' A MEETING DATE: May 20, 1998 CITY MANAGER: e t. �7 ORIGINATING DEPT.: CITY MANAGER PREPARED BY: i SUBJECT: Review of City -wide Class A Roofing Ordinance Proposal RECOMMENDED MOTION(S): 1. Approve the proposed resolution adopting findings of fact and need for changes or modifications to the California Building Code due to local conditions. 2. Introduce the proposed ordinance amending Section 16.15.110 of the Saratoga Municipal Code by amending certain sections of the 1994 edition of the California Building Code pertaining to roof coverings. REPORT SUMMARY: The Public Safety Commission has had a long standing concern of an uncontrolled fire throughout the City due to a conflagration or a severe earthquake. This concern was validated by the Los Gatos fire last summer. An unchecked fire may intensify due to a combination of "roof jumping" from high winds and /or possible lack of fire fighting resources during a critical state of emergency. This possible hazardous condition is further exacerbated by an urban forest within Saratoga. Currently, Class A roofing is required in one -third of the City, in what is considered the "designated hazardous fire area." The existing hazardous fire areas are uphill of Saratoga Sunnyvale Rd. and Saratoga-Los Gatos Rd. All other portions of the City require a minimum of Class C g p Y q roofing. The proposed ordinance would require Class A roofing throughout the City for all new construction with the exception of replacement roofs of less than 10 percent of the total roof. Roof covering definitions are as follows: Class A roof coverings are effective against severe fire exposures. Class B roof coverings are effective against moderate fire exposures. Class C roof coverings are effective against light fire exposures. Cost has been a rohibitive obstacle in the past when city-wide 1 p p Class A roofing was proposed. In October of last year, the International Conference of Building Official (ICBO), publishers of the Uniform Building Code, approved and published an Evaluation Report (ER- 5404). This report introduced an approved and tested assembly for Class A roof covering which incorporates the use of wood shingles and shakes (Attachment 5). In the past, residents could have a Class B designation for wood shingle /shake roofs, but could not meet the Class A roofing requirements. With the approval of Dens -Deck, this new roofing material is used as sheathing underneath the Class B wood shingle /shake roof. Residents can now meet Class A roofing requirements because the Dens -Deck and wood shake /shingle roof covering combination creates a Class A roof. Cost for the Dens -Deck material is $10 per 4 x 8 sheet; this coupled with the installation time may possibly add approximately $2,000 to $3,000 to the cost of re- roofing (an average 30 squares of roofing). Moreover, there are many other Class A roofing materials available on the market other than the wood shake/Dens -Deck combination (Attachment 4). Aesthetics was another obstacle in the past. Residents who have had a preference for wood shake application for new re -roof projects and /or any additions did not have other similar wood shake material available to them to meet Class A roofing requirements. With the approval of Class B wood shingles /shakes and Dens -Deck material, this other conflict has been resolved. The city -wide Class A roofing requirement has been championed by both public and private agencies. At the February 10, 1998 adjourned meeting between the City Council and the Public Safety Commission, the Public Safety Commission proposed a city -wide Class A roofing ordinance and Council directed the Public Safety Commission to work with City staff to develop a proposal. At the May 14, 1998 Public Safety Commission meeting, the Commission voted to support the attached city -wide Class A roofing ordinance. The Saratoga Fire District, the Santa Clara County Fire District, the Committee for Firesafe Dwellings, a non profit organization, and the PenWest Real Estate Association, a local real estate association, also support the city -wide Class A roofing ordinance proposal. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the June 3 hearing will be published in the May 20 Saratoga News. In addition, local roofing companies were sent the May 20, 1998 Council agenda. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The Ordinance would not be introduced, and the current roofing requirements would continue to apply. FOLLOW UP ACTIONS: Schedule the proposed ordinance for second reading and adoption on June 3. ATTACHMENTS: 1. Copy of City Code Section 16.15.110 pertaining to roof covering. 2. Copy of the current Resolution modifying the hazardous fire area maps. 3. Support letter from Saratoga Fire District and Santa Clara County Fire District. 4. Cost and investment analysis from the Committee for Firesafe Dwellings. 5. ICBO Evaluation Report on roof covering and roof deck construction (ER- 5404). 6. April 21, 1998 memo from City Attorney to City staff. 7. Proposed Resolution for adopting findings of fact. 8. Proposed Ordinance amending certain sections of the 1994 edition of the CA Building Code. 16- 15.100 Attachment 1- 16- 15.100 Section 1806 is added concerning mum under floor clearances between the bottom of reinforcement. the floor joists, and/or girders, shall not be less than Section 1806, first paragraph, is added to the Building 18 inches to exposed ground in crawl spaces or exca- Code, to read as follows: vated or unexcavated areas located within the periphery of the building foundation. Sec. 1806 Reinforcement. A minimum of two (Ord. 71.157 2 (part), 1995) one -half inch bars of metal reinforcement placed continuous in foundations shall be required for Group 16-15.140 Section 2326.11.3, Item 7, is R and M occupancies without engineering design. amended concerning gypsum (Ord. 71.157 2 (part), 1995) board. Section 2326.11.3, Item 7, of the Building Code is 16- 15.110 Section 1503.1 added concerning amended to read as follows: roof covering. Section 1503.1 of the Building Code is amended to Sec. 2326.11.3, Item 7. Portland cement plaster read as follows: on studs spaced 16 inches on center installed in accor- dance with Table No. 47 -I. Limited to single story Sec. 1503.1 Roof Covering. Roofs shall be as R -3 and U -1 occupancies. specified in this code and as otherwise required by (Ord. 71.157 2 (part), 1995) this chapter. 16- 15.150 Table A -33 -A of Appendix Chapter The foregoing provisions notwithstanding, roof 33 is amended concerning plan coverings on all buildings and structures hereafter check fees. erected or constructed in a designated hazardous fire Table A -33 -A of Appendix Chapter 33 of the Building area in the City, shall be fire retardant, or shall comply Code is amended to read as follows: with the standards established for Class A or B pre- pared or built -up roofing. All replacement roofs for Table A -33 -A existing buildings and structures in a hazardous fire area shall comply with this requirement, except that Plan checking fee. For excavation and fill on the a replacement of less than 10 percent of the total roof same site, the fee shall be based on the total combined area shall be exempt. volume of the excavation and fill, whichever is greater. (Ord. 71.157 2 (part), 1995) Before accepting a set of plans and specifications for checking, the building official shall collect a plan 16- 15.120 Section 1923.1 is amended checking fee in an amount as established from time concerning concrete slabs. to time by resolution of the City Council. Separate Section 1923.1 of the Building Code is amended to permits and fees shall apply to retaining walls or major read as follows: drainage structures, as indicated elsewhere in this Code. There shall be no separate charge for standard terrace Sec. 1923.1 General. The minimum thickness of drains and similar facilities. The plan checking fee concrete floor slabs supported directly on the ground for a grading permit authorizing additional work to shall be not less than 31'. The slab shall be reinforced that under a valid permit shall be the difference be- with not less than six inches ten -gage wire mesh or tween the fee paid for the original permit and the fee an approved alternate installed at mid height of the shown for the entire project. slab. (Ord. 71.157 2 (part), 1995) (Ord. 71.157 2 (part), 1995) 16- 15.160 Table A -33 -B is amended 16- 15.130 Section 2516(n) is added concerning grading permit fees. concerning under floor clearance. Table A -33 -B of the Building Code is amended to read Section 2317.3 is added to the Building Code, to read as follows: as follows: 1. Grading permit fees. A fee for each grading Sec. 2317.3 Under floor clearance. Unless permit shall be paid to the building official, in such otherwise approved by the building official, the mini- amount as established from time to time by resolution (Saratoga 4-96) 390 Attachment 2- RESOLUTION NO. 93 005 RESOLUTION OF THE CITY COUNCIL OF THE CITY Or SARATOGA MODIFYING THE HAZARDOUS FIRE AREA MAPS WHEREAS, the City of Saratoga has adopted the 1991 Edition of the Uniform Fire Code; and WHEREAS, the Fire Code defines hazardous fire area as any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated, or is of stich inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion; and WHEREAS, the Saratoga City Code, Section 16-20.300 states that the Fire Chief shall designate all hazardous fire areas On a map which shall be maintained in the Office of the Fire Chief and in the office of the Planning Director; and WHEREAS, the Hillside Fire Safety Committee recommendations include the realignment of the current hazardous fire area boundary to extend to Saratoga Sunnyvale Road and Saratoga -Los Gatos Road; and NOW, THEREFORE, BE IT RESOLVED, WHEREAS, the boundary line of the current hazardous fire area map is modified to reflect the expanded areas indicated on the Hazardous Fire Area Map prepared by the Fire Chief dated January 20, 1993, a copy of which is maintained in the offices of the Fire Chief and Planning Director. PASSED AND ADOPTED by the City Council, City of Saratoga, State of California, this 20th day of January, 1993 by the following vote: AYES: Councilmembers Burger, Kohler, Monia, Tucker and Mayor Anderson NOES: None ABSENT: None ABSTAIN:None AL, (c)/6 MAYOR ATT ST: CITY CL a_ 0-2 7 6 76--Le- 1 c--(3-Q-- '-cY x'::77 :,':7Y' l i :C i G r I ,�•,I ice �d:'� W %r I JJ� .'v- gitt r/ r: T lm I G �RGGR........ii��//� rs 7` I,'.. -0. r�II zri Ertl ii Ir R s d1!s� r l e �tl; o!'" R!A :F.: un -1................_ E...... its' 1- 6,17. a r•----•. .4„,- ''''-7-st, .4:" rr ta i ,hi.w.r., 12 Irr �oeulm[_y ....::::::::::::::::::71 r �1� 't' 'NN i I I I FAt- :i I', t T V� f \y am \7 I 1 I T iit 1 1 1 1. I ti- L_• =I r ls MAP r AREAS OF EXTREME 1 rairk EME AA FIRE HAZARDS Ei��. J LEGEND AREAS Of EXTREME 4,... FIRE N E A AR 2 D S I I iiii 50 Y'''4 CI TY O SARATOGA f 77 !GALE' I,. �g NORTH 1 "1800' o BOO J.000 /A 111 i LEGEND JUNE 19e7 f -J rrI L_ V+ URBAN SERVICE BOUNDARY CITY LIMITS A"% FIRE DEPARTMENT 4 4. t. SANTA CLARA COUNTY SARATOGA FIRE STRICT IP 14700 Winchester Blvd.. Los Gatos, CA 95030 -1818 SERVICE SINCE 1923 O,,,,,,.., (408) 3784010 (phone) (408) 3759342 (fax) i Attachment 3- 06 January 1998 The Honorable Donald Wolfe Mayor of the City of Saratoga 13777 Fzuitvale Avenue Saratoga, CA 95070 Dear Mr. Mayor: The recent "Cats Fire" that was experienced in the bills above Los Gatos on 07 August 1997 underscored the need for fire retardant roofing on homes in the hillside areas of Santa Clara County (see video footage taken of the fire). The homes that were lost in this fire had ordinary combustible wood roofs which were instrumental in the structures being destroyed. Had those homes been provided with fire retardant roofing, the outcome may have been dramatically different. Although the Cats Fire incident occurred in steep, rugged terrain with dense vegetation, the potential for major property loss due to fire is possible even in the typical residential subdivision on the valley floor (e.g., fires started by earthquakes). This fire loss potential can likewise be attributed to combustible wood roofs. Combustible wood roofs combined with the vegetation fuels of the "suburban forest" can create rapidly spreading fires from house to house when firebrands and embers lofted by wind or convection currents land on readily ignitable rooftops. Due to this potential, the Santa Clara County Fire Department and the Saratoga Fre District are recommending that the City of Saratoga allow only "Class A" rated roof assemblies throughout the city for new roofs or re- roofing installations. h is important to note that the Saratoga Public Safety Commission fully endorses the concept of a "Class A" roofing ordinance for the City of Saratoga. A "Class A" roof provides the highest level of protection against rooftop fire exposure. The City of Saratoga currently allows only "Class A" roofs in the hillside Hazardous Fire Area; however, a "Class C" roof is allowed throughout the remainder of the city as per minimum state standards. A "Class C" roof, usually consisting of fire retardant treated wood shakes, is an improvement over untreated combustible roofing material, but does not provide protection against the most severe fire exposure as does "Class A" roofing. Most new homes today are constructed with "Class A" roof coverings which are preferred by many architects and builders due to product appearance, durability and fire resistance. For those homeowners who prefer the appearance of wood shakes, "Class A" rated wood shake roof coverings are also available. We believe that "Class A" roof coverings are the best choice for overall community fire safety. We urge the City of Saratoga to consider this very effective fire protection measure for city -wide application. Very truly yours, j (t) glas tSpoijdep Ernest Kraule Fire of Fire Chief Santa ara County Fr a Department Saratoga Fire District c: File Saratoga Class A RoofsI ml/980106,c L 04/21/98 14:42 e408 378 9342 CFPD LgiuuL tI Attachment 4- COMMITTEE FOR FIRESAFE DWELLINGS w 1 A NON-PROFIT CORPORATION I MARCH, 1098 CO i F 411• kiwi 4 e —;06 s ROOFING MATERIAL C INSTALLATION REQUIREMENTS INSTALLED COST LIFE EXPECTED/ LIFE-CYCLE WEIGHT OF TPYE L FRAMING DECKING PER SQUARE (s) WARRANTED COST /YEAR MATERIAL PER A (S) (YEARS) PER SQUARE SQUARE S (s) (tbs.) ASPHALT /FIBERGLASS THREE TAB SHINGLE A STANDARD SOLID $145 165 15 25 $7 S8 210 235 HEAVY LAMINATED A STANDARD SOLID $175 315 25 40 S6 $10 275 385 TREATED WOOD SHAKES A STANDARD CLS "B "/DENSDK $425 475 (b) 10 15 (b) S34 S38 480+ S STANDARD SOLID $360 400 (b) 10 15 (b) $29 $32 380+ C STANDARD SPACED 5280 350 (b) 10 15 (b) $23 $28 350+ UNTREATED WOOD SNAKES N/A STANDARD SOLID /SPACED $250 300 (b) 10 15 (b) S20 $24 350+ (N /A in Calif.) COATED METAL PANELS A STANDARD SOLID or $400 450 (c) 40 50 S10 111 180 (d) B SPACED $380 430 (c) 40 50 $10 511 150 (d) C $350 400 (c) 40 50 $9 $10 150 (d) FIBER- CEMENT SHAKE A STANDARD SOLID or $350 380 25 50 S9 $10 400 750 B SPACED FIBER CEMENT PANELS A STANDARD SOLID or $350 380 25 50 $9 S10 300 600 B SPACED CONCRETE TILE STANDARD WEIGHT A REINFORCED SOLID $270 300 50 $5 $6 950 LIGHT WEIGHT A STANDARD(f) SOLID 1350 375 50 S6 $7 550 700 (g) CLAY TILE STANDARD WEIGHT A REINFORCED SOLID $270 300 50 SS S6 800 LIGHT WEIGHT A STANDARD(f) SOLID $375 400 50 $7 S9 590 (g) BASIS: Coats of re- roofing of shake roofed single fancily residence with 32 sqs. (3,200 sq.ft.) Figures include: Tear-off of existing roof (unless specifically excepted) Bracing up roof construction where needed Installation of solid sheathing where required (a) A "square" is an ere, of 100 square feet. (b) Virtually no warranty provided in most cases. Costs will very higher quality shakes /shingles are more expensive (c) These costs are based upon the application of the product over en existing wood roof. Class A requires 1/2" gypsum board; Class B requires A 72N cep sheet or- foil-backed fiberglass between old wood roof end new metal roofing. (BONE; REMOVAL OF EXISTING GOOD SNAKES OR =MINGLES IS NEt9lEMED POOR ALL REROOFING) (d) Add 300 ponds if existing shakes and shingles are not removed. (e) Standard framing should be checked by s structural engineer. f Chec Nth Ind vi-... wet All estimated costs are based upon: A standard roof of spproxisetely 4:12 pitch and the use of a contractor who is properly licensed, obtains permits, maintains proper insurance, etc. Actual costs may vary significantly due to location, complexity of roof structure, method of application, and market fluctuations. 1 1 Attachment 5- N I IO R O 09 ICBO Evaluation Service Inc UNIFORM m CODE g 5360 WORKMAN MILL ROAD WHITTIER, CALIFORNIA 90601 -2299 '19BE' A subsidiary corporation of the International Conference of Building Off EVALUATION REPORT ER -5404 Copyright 1997 ICBO Evaluation Service, Inc. Issued October 1, 1997 Filing Category: ROOF COVERING AND ROOF DECK CONSTRUCTION (202) PRESSURE TREATED WOOD SHAKES AND SHINGLES r manufactured byGeorgia =Pacific Corporation. The CHEMCO, INC. Dens- Deck,boards are fastened to framing with minimum 9d POST OFFICE BOX 875 t common nails, spaced at 6 inches (152 mm) on center at FERNDALE, WASHINGTON 98248 edges and 12 inches (305 mm) on center at intermediate sup ports. The Class A roof covering may be installed in areas 1.0 SUBJECT s subject to maximurbasic wind .speeds of 80 miles per hour FTX, CEDARPLUS and Durashake Pressure treated Wood (129 km /h), on structures a maximum of 40 feet (12 192 mm) Shakes and Shingles. in height, in Exposure B zones. 1 2.0 DESCRIPTION 2:2.3` Class B Products labeled as "Class B" shakes or shingles are installed in accordance with Section 2.1 General: 2.2.1 of this report. The pressure- treated wood shakes and shingles are pro- 2.2.4 Class C Roof Covering: Products labeled as "Class duced from No. 1 grade western red cedar shakes or shingles C" shakes or shingles are installed in accordance with Sec complying with UBC Standards 15 -3 or 15 -4. The shakes and tion 2.2.1 of this report. shingles, having a maximum moisture content of 25 percent, 2.3 Identification: are pressure- treated by Chemco, Inc., with a proprietary fire retardant chemical. Treated' products are identified as "Class Bundles of treated wood shakes and shingles bear a label B" and "Class C The "Class B" treated shakes and shingles noting the shingle or shake grading agency and compliance have higher levels of chemical retention than the "Class C" with UBC Standard 15 -3 or 15 4. An additional label is affixed shakes and shingles. Products are sold under the trade to each bundle, and bears the treater's name Chemco, Inc.), names FTX, CEDARPLUS and Durashake. the product name, the name of the quality control agency (Fire Tech Services, Inc.), the fire classification and the evalu- 2.2 Installation: ation report number (ICBO ES ER- 5404). Labels for "Class B" 2.2.1 General: The wood shakes and shingles are installed shakes are printed with red ink and labels for "Class C" on spaced or solid sheathing complying with the code. The shakes are printed with blue ink. See Figure 2 for product Ia- shakes and shingles are installed in accordance with Table bels. 15 -B -2 of the code except as noted in this report. On roof 3.0 EVIDENCE SUBMITTED slopes from 3:12 to less than 4:12, installation requires one layer of Type 15 asphalt- saturated felt. In addition to the inter- Reports of tests in accordance with the ICBO ES Acceptance layment between courses, shakes are installed with an un- Criteria for Fire retardant treated Wood Roof Systems derlayment of 36- inch -wide (914 mm), Type 30 asphalt -satu- (AC107), dated April 1995, quality control manual and instal rated felt under the 15- or 18- inch -long (381 or 457 mm) lation instructions. starter course at the eave line. Valley flashing must comply 4.0 FINDINGS with Section 1508.5 of the code, and other flashing must com- ply with Section 1509. Maximum weather exposure of the That the pressure- treated wood shakes and shingles de- shakes and shingles must not exceed those exposures in scribed in this report comply with the 1994 Uniform Table 15 -C of the code. Weather exposure of hips and ridges Building Code'" and the 1996 Accumulative Supple- must not exceed those exposures permitted for the field of the ment, subject to the following conditions: roof. Starter courses at the eave are doubled. Fifteen -inch 4.1 The shakes and shingles are treated, identified and (381 mm) or 18 -inch (457 mm) shakes or shingles may be installed in accordance with this report. used for the final course at the ridge. See Figure 1 for typical installation details. 4.2 The shakes and shingles are pressure- treated by Chemco, Inc., in Ferndale, Washington, under a 2.2.2 Class A Roof Covering:Products labeled as "Class quality control program with inspections by .Fire B' shakes or shingles are installed in,acc'ordarice with Section, Tech Services, Inc. (NER-QA214). 2.2 .1 Whip repott overispaced or solid sheathing covered with one layer of? /4- inch thick- (6:4 -mm) Dens -Deck Roof This report is subject to re- examination in one year. Evaluation reports of ICBO Evaluation Service, Inc., are issued solely to provide information to Class A members of ICBO, utilizing the code upon which the report is based. Evaluation reports are not to be construed as representing aesthetics or any other attributes not specifically addressed nor as an endorsement or recommen- dation for use of the subject report. This report is based upon independent tests or other technical data submitted by the applicant. The ICBO Evaluation Service, Inc., technical staff has reviewed the test results and/or other data, but does not possess test facilities to make an independent verification. There is no warranty by ICBO Evaluation Service, Inc., express or implied, as to any "Finding" or other matter in the report or as to any product covered by the report. This disclaimer includes, but is not limited to, merchantability. Page 1 of 4 Page 2 of 4 ER -5404 Use minimum nails to hold Build ng paper metal in place Plywood 1 Step flashing Roofing felt 0" ValleE6; ides pen valley width 4" to 8' depending on water e. 11 volume Mark anticipated Dormer flashing Mastic underlay Underlayment Metal to extend as far as water lines (width of open shingles or shakes valley) valley sides with a Corner flashing chalk line I O O O Keep nails well away from the center of valley F 41101 la_ 1 s "'■71 Ar 411 1W' r ;,..W ANkt W 6 I k _1 T 1 s V ii, 1 I I IV:: te FAIr>4 0 *P .1-4 1 N. V Order of applying shingles or shakes at valley a Y 2. Place pre -cut piece so �A 1. Stop course line here that cut -angle is posi- tioned on chalk line with 3. Select a shingle or shake tip on course line of the required width to complete the course Flashing Details For Shingle and Shake Valleys FIGURE 1— TYPICAL INSTALLATION DETAILS Page 3 of 4 ER -5404 1" minimum clearance around projection Nails should not ert flshing flange pnet unde a rneath, Keep edge of flange Shingle joint mini from shingle edge of shinglgl e joint Typical Projection Plashing 10.1t 414110.4 41P, 11 Counter flashing 1 NN., Jack i 4" Plumbing stack Flashing Details for Typical Roof Projections r pt 4/ Apron flashing 3" minimum Head flashing Typical chimney flashing 6" minimum requiring soldering iO 01 0 0 L.1.---100111/ "P-11-NI Caulking Nick with hatchet to stop water beading Caulking. Typical chimney flashing not requiring soldering Step flashing 3" 11\ minimum overlap 6 36 Solder joints For SI: 1 inch 25.4 mm. FIGURE 1— TYPICAL INSTALLATION DETAILS—(Continued) .i Page 4 of 4 ER -5404 Class B F rre Retardant ICBO ES ER' .NER 215 To. TECH W.A.599.UU•N w UC rNiPt •I,LUCV PRESSURE rRf Ar(n NEAN^. ):4 r S.A. S .NO SANG! E3 I is rPU. No v r TOROANCI INCLUDED WT. TwA N,A. E Class C Fire Retardant ICBO ES ERa .NER 215 L cN SZRVKESESSAWAN w• PRESSURE Egf11Ea O C INSPECTOR 'GE NC• SNAKES AND SNRrGLES LISTING No SPI f w 1P n�I/ MO,,� L/ PT MUST RE APPLe N O ACCORDANCE O Ol yllYYt.� Tn PLICANON ill O SIRUCTMS rERNOUI.N.w.. INCLwlo w11N WO RDDrwG TREATED BY Class B Fire Retardant ICBO ES ERa NER 215 O C UST., ((77(/yy Tf L N SFRn :LO ISSAUIUN w• I N Dc N :IIU RPLKAIgM MSTRU<•gNS 1 �C.W.1 51 NCLUDEO Oaf N IP...Of K. ..RNU.! wA r.1.. Class C Fire Retardant TREATED BY IC ES ERR NER 215 ENK O l ��J E No TN SERVICES ISSAO N UAN, WA ,.�cJ .00. S RE ION :0 EUCV N F R R O A I e nl q.1 n Tay LISTING NR. IDOCa cu'�,K.r'IiC..© APPLICATION INSTRUCTIONS ut �.L. INCLUDED WITH THIS RO0.■N0 i.NDALE WA 94]411 DURASHAKE® FT Fire Retardant Treated Shakes Shingles Class C Fire Retardant ICBO ES ERa NER 215 FIRE TECH SERVICES ISSAOUAH, WA O.C. INSPECTION AGENCY. N.E.R. No. OA 214, LISTING No. 1005A APPLICATION INSTRUCTIONS INCLUDED WITH THIS ROOFING TREATED BY DURASHAKE IS A O REGISTERED TRADEMARK OF AMERICAN WOOD PRESERVERS. INC. MISSION, BRITISH COLUMBIA V2V 4M4 CONCERANCO FERNDALE, WA 18240 DURASHAKE® FT Fire Retardant Treated Shakes Shingles Class B Fire Retardant ICBO ES ERA NER 215 FIRE TECH SERVICES ISSAQUAH. WA O.C. INSPECTION AGENCY, N.E.R. No. OA 214. LISTING No 1005A APPLICATION INSTRUCTIONS INCLUDED WITH THIS ROOFING TREATED BY REGSEE A O REGISTERED TRADEMARK TRADEMARK OF AMERICAN WOOD PRESERVERS. INC. MISSION. BRITISH COLUMBIA V2V 4M4 FERNDALE. WA 98241 Class C Fire Retardant TREATED BY ICBO ES ER* NER 215 O rUK TECH SERVICES ISSAOWII, NA PRESSURE TREATED 0 IMSPCCTgR AGENCY SHARES AND SPANGLES LIVING en sOIA CERTI GUARD' .PncAmnNZTRUCTgNZ N mono) ...saes wo. TNB RDOFG FERNDALE. ALE.W WA Class B Fire Retardant TREATED BY ICBO ES EflA 215 O EIRE TECH SEEVICfs ISSAOU•N, NR PRESSURE TREATED OC. INNRC ic.•GfNCV SNAKES AND SWINDLES LIS NG NC SOI CHEIIRCO CERTI -GUARD APPC. U INCwDED wIrN Tros RDGCNa FERNDALE, WA FIGURE 2— PRODUCT LABELS Attachment 6- MEYERS, NAVE, RIBACK, SILVER WILSON MICHAEL R. NAVE A PROFESSIONAL LAW CORPORATION STEVEN R. MEYERS NORTH BAY OFFICE ELIZABETH H. SILVER MICHAEL S. RIBACK GATEWAY PLAZA 555 FIFTH STREET, SUITE 230 KENNETH A. WILSON 777 DAVIS STREET, SUITE 300 SANTA ROSA, CA 95401 DAVID W. SKINNER TELEPHONE: (707) 545 -8009 STEVEN T. MATTAS SAN LEANDRO, CALIFORNIA 94577 FACSIMILE: (707) 545 -6617 MICHAEL F.RODRIQUEZ TELEPHONE: (510) 351 -4300 CLIFFORD F. CAMPBELL KATHLEEN FAUBION, AICP FACSIMILE: (510) 351 -4481 CENTRAL VALLEY OFFICE RICK W. JARVIS DEBBIE F. LATHAM 5250 CLAREMONT AVENUE ARNE B. SANDBERG STOCKTON, CA 95207 BENJAMIN P. FAY TELEPHONE: (209) 951 -4080 DANIEL A. MULLER FACSIMILE: (209) 951 -3009 (JANE M. RANDOLPH PATRICK WHITNELL KATHARINE G. WELLMAN JOHN W. TRUXAW I GARY" WATT MEMORANDUM JULIE L. HARRYMAN OF COUNSEL ANDREA J. SALTZMAN CERTIFIED APPELLATE SPECIALIST TO: Jennie Loft, Administrative Analyst DATE: April 21, 1998 City of Saratoga FROM: Michael S. Riback, City Attorney RE: Ordinance Establishing Class A Roofing Requirement Resolution Setting Forth Findings of Local Conditions Attached please find an Ordinance amending the Uniform Building Code to establish the requirement that all new roofs in Saratoga be of a Class -A rating and a Resolution containing findings justifying the Class -A roofing requirement based upon local conditions existing in the City of Saratoga. The Ordinance and the Resolution have been reviewed by both Fire Districts and by Hugh Hexamer and Frank Lemmon, members of the Public Safety Commission, and Brad Lind, Senior Building Inspector. All have approved the documents in their present form. As you and I discussed, the full Public Safety Commission should review the documents and provide a recommendation to the City Council. The attached documents are forwarded for that purpose. Please let me know whether the Commission has any recommended changes. I understand from you that Brad Lind has indicated that the latest edition of the Uniform Building Code will not be ready for adoption until January 1999. Assuming that the Public Safety Commission and the Fire Districts would prefer that the Class -A roofing TO: Jennie Loft, Administrative Analyst FROM: Michael S. Riback, City Attorney RE: Ordinance Establishing Class A Roofing Requirement DATE: April21, 1998 PAGE: 2 requirement be in place prior to the summer construction activity, the Ordinance and Resolution should be brought to the City Council sometime in May. Please give me a call if you should have any questions. Michael S. Riback MSR/bb Enclosures cc: Larry Perlin, City Manager (w /encls.) J: \WPD\MNRS W\2 73\MEMO\LOFT.421 Attachment 7- RESOLUTION NO. 98- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS Recitals: Changes or Modifications: Pursuant to Section 17958 of the State of California Health and Safety Code, the City Council of the City of Saratoga in its ordinance amending the 199_ Edition of the California Building Code changes or modifies certain provisions of the State Building Standards Code as it pertains to the regulation of buildings used for human habitation. A copy of the text of such changes or modifications is attached. Findings: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and Safety Code, the City Council of the City of Saratoga has determined and finds that the attached changes or modifications are needed and are reasonably necessary because of local climatic, geographic, and topographic conditions. Local Conditions: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications in the California Building Code in order to provide a reasonable degree of property security, and fire and life safety in this community. NOW, THEREFORE, the City Council of the City of Saratoga does hereby Resolve as follows: A. Below are listed adverse local climatic, geographic and topographic conditions making necessary the changes set forth herein to the California Building Code. 1. Climatic a. Precipitation. Precipitation ranges from 20 to 31 inches per year. Approximately ninety percent (90 falls during 1 the months of November through April, and 10% from May through October. This area experiences periodic droughts; it is possible that droughts will occur in the future. b. Relative Humidity. Humidity generally ranges from 60% during day time to 75% at night. It drops to 20% during the summer months and occasionally drops lower. c. Temperatures. Temperatures have been recorded as high as 105° F. Average summer highs are in the 69 -100 °F range. d. Winds. Prevailing winds are from the Northwest or Southwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 mph to 15 mph range, gusting to 7.4 mph to 30 mph, particularly during the summer months. Extreme winds, up to 60 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity and size of fire in the community. Times of little or no rainfall, of low humidity, and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagration. The winds experienced in this area can have a tremendous impact upon structure fires. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing "natural" ventilation and cross ventilation efforts. 2. Geographic and Topographic a. Geographic location. Saratoga is located in the Southwest portion of the Santa Clara Valley. The City is rural in character, although it is adjacent to more urban cities in the valley. 2 b. Seismic Locations. Seismically, the City sits between the active fault known as San Andreas, which bisects a portion of the City, and the potentially active Berrocal and Shannon faults. A majority of the City's land surface is in the high -to- moderate seismic hazard zones. c. Size and Population. The City records a current population of approximately 30,000. d. Roads and Streets. The number of vehicle miles driven in the City is steadily increasing and in particular since the recent completion of Highway 85 traffic congestion resulting from commuters moving through the city to their homes and places of work has increased dramatically on certain key surface arterial streets. This additional traffic has impacted the delivery of fire services. Many roads in the City are private roads, and are less likely to meet access and maintenance standards than public roads. Damage to roadways, the Highway 85 underpass and bridges can be expected in a major earthquake, cutting off fire service access. e. Topography. The topography of Saratoga includes the low -lying relatively flat valley floor and the Northwestern foothills. The mountain areas have a solid cover of vegetation. The valley has a relatively large number of trees of varying species, and has been referred to as an "urban forest A major portion of the City is underlined by a geologic stability zone. This type of geologic unit is moderately stable when dry but moderately unstable when saturated. There are several areas in Saratoga that contain rock formations conducive to abundant landslides. Landslides offer the potential to cut off fire access to entire neighborhoods. The valley floor of Saratoga is composed of several alluvial fan deposits from the creeks and streams flowing from the mountainous area. Flooding hazards resulting from the secondary effects of seismic activity could occur if landslides are .activated and advance. into_creekbeds. In.. some ..areas, slides could block both the roadway and the creek, creating substantial access problems. f. Summary. The above local geographic and topographic 3 conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the two fire districts which serve Saratoga. Lying beneath the valley are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on the damage caused in Santa Clara Valley by recent earthquakes, and poor performance of alluvial deposits during earthquakes, this area could be subject to severe damage. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Other variables may tend to intensify the situation: 1. The extent of damage to the water system; 2. The extent of isolation due to bridge and/or freeway overpass collapse; 3. The extent of roadway damage and/or amount of debris blocking the roadways; 4. Climatical conditions (hot, dry weather with high winds); 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6. The availability of timely mutual aid or military assistance; 7. The large portion of dwelling with wood shingle roof coverings could result in conflagrations. Conclusion: Local climatic, geographic, and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably. necessary.. that the. California Building. Code.. be changed or modified to mitigate the effects of the above conditions. 4 Passed and adopted by the City Council of the of Saratoga, California at a meeting thereof held on the day of 1998, by the following vote: AYES: NOES: ABSENT: Mayor Attest: City Clerk MSR:dsp:rja March 19, 1998 J:\ WPD \MNRSW\273\RES98\FINDINGS.CBC 5 Attachment 8- ORDINANCE NO. 71- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING SECTION 16- 15.110 OF THE SARATOGA MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS OF THE 1994 EDITION OF THE CALIFORNIA BUILDING CODE PERTAINING TO ROOF COVERINGS WHEREAS, based on climatic, geographic and topographic conditions in the City of Saratoga, the public health, safety and welfare will be served by adoption of certain amendments to the California Building Code, 1994 Edition relating to the installation of roof coverings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAINS AS FOLLOWS: Section 1: Section 16- 15.110 of the Saratoga City Code is hereby amended to read as follows: "16.15.110 Section 1503.1 added concerning roof covering. Section 1503.1 of the Building Code is added to read as follows: Sec. 1503.1 Roof Covering. Roofs shall be as specified in this code and as otherwise required by this chapter. The foregoing provisions notwithstanding, roof coverings on all buildings and structures hereafter erected or constructed in a dcsignatcd hazardous firc arca in the City, shall be fire retardant, or and shall comply with the standards established for Class A or B prcparcd or built -up roofing. All replacement roofs for existing buildings and structures it a h.. z.. rd flrc area shall comply with this requirement, except that a replacement of less than 10 percent of the total roof area_.shall.be exempt." Section 2: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. 1 The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of 1998, by the following vote. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk MSR:dsp April21, 1998 J: \WPD\MNRSW\2 73 \ORD.98\BLDGCODE.AMD 2