HomeMy WebLinkAbout07-21-1998 City Council packetTIME: Tuesday, July 21, 1998 7:00 p.m.
PLACE: Adult Care Center, 19655 Allendale Ave.
TYPE: Adjourned Regular Meeting
1. Roll Call 7:00 p.m.
SARATOGA CITY COUNCIL
2. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on July 17. The notice of adjournment from the July
15 Council meeting was properly posted on July 16.
3. Oral Communications from the Public on Non Agendized Items
4. Presentation from West Valley Sanitation District on Sewer
System Rehabilitation Work and Septic System Abandonment Program
5. Applicability of Measure G to California Novitiate (Sisters of
Notre Dame) Property on Bohlman Road
6. Commission Chair Reports?
AGENDA
7. Quarterly Program and Major Project Review
A. City Manager:
1) Recruitment and Reorganization Issues
2) City Council Policy Manual
3) ALTRANS Project Update
4) New Volunteer efforts
KEEP ONE YEAR
B. Community Development Department:
1) Zoning Ordinance Amendments
2) Downtown development roundtable
3) Circulation Element Update
4) Mt. Winery update
5) Adult Business Ordinance
6) Measure G Implementation Policy
C. Finance Department:
1) MIS Update
2) 5 -Year Financial Plan
3) Hillside Infrastructure Reserve Requirement
D. Public Works:
1) Capital Projects Update
a. Quarry Creek Wetlands Mitigation (Project 9109)
b. Quito Road Bridge Replacements (Project 9111)
c. ADA Improvements (Project 9302)
d. Quito Rd. Sidewalk (Project 9501)
2) Park Development Projects Update
a. Playfields Development
b. Wildwood Park Restrooms
City Council Agenda 2 July 21, 1998
c. Kevin Moran /Gardiner Park improvements
d. Heritage Orchard Water Well
e. Community Center Renovations
3) Saratoga Ave. Underground Utility District
4) Hakone Caretakers House renovation
5) Sr. Center Improvements
6) Civic Theatre Renovations
7) Prides Crossing Traffic Study
8) Infrastructure Report CIP Development
9) Pavement Management Program Work
10) Saratoga- Sunnyvale Rd. (ISTEA Project Relinquishment
efforts)
E. Recreation Department:
1) Friends of Warner Hutton House Update
2) Warner Hutton House attic conversion
8. Self- Evaluation of Previous Meeting July 15
9. Agency Assignment Reports
Assoc. of Bay Area Governments Moran
Chamber of Commerce Board Wolfe
County Cities Assn. Leg. Task Force Bogosian
County HCD Policy Committee Jacobs
Emergency Planning Council Moran
Hakone Foundation Liaison Shaw
Joint Venture Silicon Valley Wolfe
KSAR Community Access TV Board Shaw
Library Joint Powers Agency Bogosian
N. Cent. Flood Cont. Zone Adv. Bd. Bogosian
Penin. Div., League of Cal. Cities Wolfe
Santa Clara Valley Water Commission Jacobs
Santa Clara County Cities Assn./ Wolfe /Moran
City Selection Committee
SASCC Liaison Shaw
Saratoga Business Dev. Council Wolfe
School Liaison Jacobs
Sister City Liaison Shaw
Solid Waste JPA Moran
Valley Transportation Authority Wolfe
Valley Transportation Authority PAC Shaw
West Valley Sanitation District Moran
10. Citizens Recognition
11. Other
12. Adjournment
In compliance with the Americans with Disabilities Act, if you need
special assistance to participate in this meeting, please contact Peter
Gonda at 408/868 -1221. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility
to this meeting. [28 CFR 35.102- 35.104 ADA Title II)
JUL -16 -98 THU 1802 MEYERS, NAVE, RIBACK &SILV, FAX NO. 510 351 4481 P. 02/04
MICHAEL R. NAVE
STEVEN R, MEYERS
ELIZABFTH H SII VER
MICHAEL S RIBACK
KENNETH A. WILSON
DAVID W. SKINNER
STEVEN T. MATTAS
MICHAEL F. RODRIQUEZ
CLIFFORD F. CAMPBELL
KATFILEEN FAUBION, AICP
RICK W. ARMS
DEBBIE F LATHAM
ARNE B. SANDBERG
BENJAMIN P. FAY
DANIEL. A. MULLER
LIANE M. RANDOLPH
PATRICK WHRNELL
KATHARINE G WELLMAN
JOMN W. TRUXAW
GARY A. WATT
JULIE L. HARRYMAN
ADAM U. UNDGREN
OF COUNSEL
ANDREA J. SALTZMAN
CERTIFIED APPELLATE SPECIALIS
TO: City Council
City of Saratoga
MEYERS, NAVE, RIBACK. SILVER WILSON
A PROFESSIONAL LAW CORPORATION
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351 -4300
FACSIMILE: (510) 351 -4481
MEMORANDUM
FROM: Michael S. Riback
City Attorney
RE: Application of Measure G to the California Novitiate Property
NORTH MY OFFICE
sss rum I STREET. SUITE 2J0
SANTA ROSA. CA 95401
TELEPHONE: 1707) 545
FACSIMILE: 1707) 545-6617
CZTRAL VAI I FY FIFFICF
5250 CLAREMONT AVENUE
STOCKTON, CA 55207
TELEPHONE: 1209) 951-4080
FACSIMILE: (209) 951 -3009
DATE: July 16, 1998
The City received an inquiry from a realtor about the land use designations on the
California Novitiate property, particularly the application of Measure G and the
procedures necessary for consideration of a continuing care facility for senior citizens.
Members of the City Council requested that T review the inquiry before the City formally
responds.
Measure G. The Land Use Element of the General Plan divides permitted land
uses in Saratoga into five broad categories: Residential, Commercial, Industrial, Open
Space and Community Facilities. (See Land Use Element, pages 3 -1 through 3 -5,
attached.)The General Plan land use designation for this property is Community Facilities
Quasi Public. Measure G only affects property that is designated as Residential or Open
Space in the Land Use Element of the General Plan. (See Section 1. F, G and H, and
Section 2. A and B of this Measure G, attached). Therefore, Measure G, by its terms, does
not apply to this property.
Consistency with. GP Land Use Designjation. The Community Facilities -Quasi
Public Facilities land use designation contained in the Land Use Element anticipates uses
such as:
JUL -16 -98 THU 18:02 MEYERS,NAVE,RIBACK &SILV, FAX NO. 510 351 4481 P.03/04
TO: City Councir, City Manager
FROM: Michael S. Riback, City Attorney
RE: Measure CC California Novitiate Property
DATE: July 16, 1993
PAGE: 2
"religious uses (churchcs, synagogues, religious schools, and the novitiate),
convalescent homes, the cemetery, the electrical substation, and the Odd
Fellows Home. These are institutional uses that provide a public service but
are not controlled by publicly elected governing board. Allowable building
intensity varies and is governed by the Zoning Ordinance. All uses or their
expansions are evaluated through the use permit process and must comply
with criteria indicating their compatibility with adjacent uses." (Land Use
Element, page 3-5.)
A continuing care facility for senior citizens would be consistent with this General
Plan land use designation.
Permit Procedures under Zoning Ordinance. The proposed project would he
reviewed by the City pursuant to the Zoning Ordinance. The property is zoned R -1-
40,000, which permits Institutional Facilities and Nursing Home, subject to approval of a
Conditional Use Permit. (See Section 15 12.030(c) (f) of Zoning Ordinance attached.)
A continuing care facility would be an Institutional Facility or a Nursing Home, or both,
according to the following definitions in the Zoning Ordinance and would thus be
reviewed by way of a Conditional Use Permit.
"Institutional Facilities "Institutional facility" means a place, structure or area
operated by a public or private organization or agency, used for and providing educational,
residential or health care services to the community at large. The term includes residential
developments and health care facilities operated by non -profit organizations, and both
public and private schools or colleges. (Section 1 5- 06.380.)
"Nursing Home "Nursing home" mcans a residential structure in which nursing,
dietary and other personal services arc rendered to convalescents, invalids or elderly
persons residing thereat, and in which surgery or other medical treatment customarily
given in hospitals is not performed. A convalescent home or rest home shall be deemed a
nursing home. The term shall not include a so -called half -way house or rehabilitation
center occupied by persons under treatment for alcoholism, drug abuse or any contagious
disease. (Section 15- 06.470.)
JUL -16 -98 THU 18:03 MEYERS,NAVE,RIBACK &SILV. FAX NO. 510 351 4481 P.04/04
TO: City Council, City Manager
FROM: Michael S. Riback, City Attorney
lt)=: Measure G California Novitiate Property
DATE: July 16, 1998
PAGE: 3
Design Review would also be required for the proposal. In addition, since the
Conditional Use Permit and Design Review permits arc both discretionary permits, CEQA
review would be required.
I hope this information is useful to the Council in reviewing the subject inquiry and
the procedures that would be followed to consider the proposed project. As the City's
draft response to the inquiry notes, such a description of procedures is no guarantee that
the project so reviewed will be approved, or approved in the form requested by an
applicant. Please do not hesitate to give me or, in my absence, Kit Faubion a call if you
have any further questions on this matter.
MSR:MKF: pcp
Attachments
1: \W PDWI NP.SW\ 273 \01\MEMO\JUL98\MEASUREG, 715
0/,
Michael S. Riback
City Attorney
c: Larry Perlin, City Manager
James Walgren, Community Development Director
Kit. Failhion, Associate Attorney
LAND USE ELEMENT
The land uses permitted in Saratoga are broken down into 5 broad
categories: residential, commercial, industrial, open space, and
community facilities. These categories are then broken into
subcategories. State law requires a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan."
The information is presented on the General Plan Map and is further
described in the following sections.
Residential
Residential land use is broken down into 6 subcategories. The
first 4 categories allow single family dwellings, horticultural
and agricultural use, and accessory uses compatible with single
family dwellings. The fifth category allows multi family
dwellings, single family dwellings, horticultural and agricultural
use, and accessory uses compatible with residential use. In
residential areas, it is understood that other uses such as schools
can be allowed. The sixth category would allow multi family
densities in various zoning districts if the site is designated P -D
residential and upon receipt of a use permit. Flexibility in terms
of density and development would be allowed in the area if a project
furthered the goals of the Housing Element. The six subcategories
and the density and intensity of the uses permitted in these sub-
categories are as follows:
A. Hillside Conservation Single Family Maximum density of .5
DU /net acre or 1.55 people /acre. Maximum intensity of building
and impervious surface coverage: 15,000 square feet or 25% of
site area, whichever is less.
B. Very Low Density Single Family Maximum density of 1.09
DU /net acre or 3.38 people /acre. Maximum intensity of
building and impervious surface coverage: 35% of site area.
C. Low Density Single Family Maximum density of 2.18 DU /net
acre or 6.76 people /acre. Maximum intensity of building and
impervious surface coverage: 45% of site area.
D. Medium Density Single Family
1. M -10 maximum density of 4.35 DU /net acre or 13.5 people/
acre.
2. M -12,5 maximum density of 3.48 DU /net acre or 10.8
people /acre.
3. M -15 maximum density of 2.90 DU /net acre or 9.0
people /acre.
3 -1
In all cases above, the maximum intensity of building and impervious
surface coverage is: 50 -60% of site area.
E. Multi- family Maximum density of 14.5 DU /net acre or 27 -45
people /acre. Maximum intensity of building coverage: 40%
of site area.
F. P -D (Planned Development) Residential 4.35 to 12.45 DU /net
acre or 13.5 to 38.6 people /acre. Maximum intensity of
building coverage: 25% 35% of site area. All projects pro-
posed on sites with this designation shall require use permit
approval as provided for in Article 16 of the zoning ordinance.
It should be noted that any discussion of the number of people per
acre is not meant to act as a limit to family size or maximum
number of people that would be permitted to live on a site. The
population densities given are meant only to as a guide to
the average number of people likely to occupy a given area.
Commercial
Commercial land use is broken down into four subcategories. The
first two are traditional commercial categories that allow typical
retail commercial and office uses. These facilities serve the
community and /or their immediate neighborhood. They are not regional
in orientation and tend to be located in relatively small complexes.
The fourth subcategory allows a mix of residential and commercial uses
upon receipt of a use permit. The four subcategories and the density
and intensity of the uses permitted in these subcategories are as
follows:
A. Retail Commercial 4.35 to 8.7 commercial lots /acre, a
maximum density of 14.5 DU /net acre (if use permit granted)
or 27 -45 people /acre. Maximum intensity of building coverage:
60% 100% of site area.
B. Professional Administrative 3.63 commercial lots /net acre
8.7 to 10.89 DU /net acre (if use permit granted) or.27 -33.8
people /acre. Maximum intensity of building coverage: 50% of
site area.
C. Gateway Landscaping The purpose of this category is to
create attractive entrances to the City in conjunction with
commercial development. A minimum of 1,500 square feet of
a site adjacent to a street or streets shall be devoted to
landscaping. The City shall determine the exact configuration
of this landscaped area through the design review process but,
as a guideline, a 10 foot landscaping strip should extend
along any street frontage.
D. P -D (Planned Development) Mixed 4.35 commercial lots /net
acre 8.7 to 10.89 DU /net acre or 27 -33.8 people /acre. Maximum
intensity of building coverage: 60% of site area. All projects
proposed on sites with this designation shall require use permit
approval as provided for in Article 16 of this zoning ordinance.
Open Space
Open space land use is broken down into seven subcategories.
The first four are taken from the designations suggested in Govern-
ment Code Section 65560(b) regarding the Open Space Element. The
Hillside Open Space subcategory was taken from the Santa Clara County
General Plan and is used only in the Sphere of Influence area. The last
subcategory was not covered in the Government Code.
These subcategories are further described in the Open Space Element
of this General Plan. The density and intensity of the uses per-
mitted in these subcategories are as follows:
A. Natural Resource Preservation This subcategory consists
primarily of scenic easements granted upon approval of
several subdivisions in the northwestern hillsides which
protect significant topographic and vegetation features in
that area. Some wildlife habitat is also preserved through
these easements. No structures or paving are allowed in
these areas.
•B. Managed Resource Production This subcategory consists
primarily of the orchard lands and water reservoirs within
the City. Single family dwellings associated with agricultural
use are permitted at a maximum density of 0.4 DU/acre or 1.24
people /acre. Only structures directly related to the maintenance
of these open space uses are permitted on the sites.
C. Outdoor recreation This subcategory consists of City or
County parks or lands designated for those uses. Only
recreational facilities (i.e. playground equipment, recreational
courts, etc.), structures necessary to support the parks or
structures of particular historic value are permitted in
these areas. These sites are considered to be of particular
value for recreation purposes. Some parks preserve signifi-
cant vegetation features such as Hakone Gardens and Villa
Montalvo County Park.
D. Public Health and Safety Preservation This subcategory
consists primarily of flood plain areas, their streams and
fault zone or landslide easements. No structures are
allowed in these areas. These areas also preserve natural
resources such as streams and geologic features created by
faults and landslides.
E. Hillside Open Space This subcategory was taken from the
County General Plan and covers all areas within Saratoga's
Sphere of Influence that are not designated as parks. This
subcategory allows uses which "support and enhance a rural
character promote wise use of natural resources and avoid
natural hazards. Uses include: agriculture, mineral
extraction, parks and low density recreational facilities,
land in its natural state, wildlife refuges and very low
intensity residential development. Other support uses re-
lated to the uses already listed may also be permitted.
Density of development allows from between 1 DU /20 acres to
1 DU /160 acres based on a slope density formula subject to
stringent criteria. These criteria will become part of the
Sphere of Influence portion of the General Plan.
F. Private Ownership Only one site falls under this category.
The Saratoga Country Club Golf Course. The use is described
in the Basic Data section of the General Plan. It should be
noted that there is a significant amount of private open space
on large residential lots which are mapped as residential uses.
Community Facilities
Community Facility land use is broken down into three major sub-
categories which are further broken down into minor subcategories.
These uses are described below.
A. School /Open Space Resource Elementary schools, junior high
schools, high schools, and the West Valley Community College are
the uses that make up this subcategory. The open space and
recreation areas of these sites are part of the City's open
space inventory and help supplement City park use. Only
school facilities or uses compatible with those facilities and
adjacent uses are permitted. Intensity of building is
governed by the zoning districts in which the schools are
located. Allowable building coverage varies and is regulated
by use permit.
B. Public Facilities The Civic Center, the Community Library,
and two fire stations are included in this subcategory. They
are institutional uses under government control (other than
school districts) that provide a public service. Building
Industrial
intensity is governed by the Zoning Ordinance through the
use permit process. Allowable building intensity varies.
C. Quasi Public Facilities This subcategory contains religious
uses (churches, synagogues, religious schools, and the novitiate),
convalescent homes, the cemetery, the electrical substation, and
the Odd Fellows Home. These are institutional uses that provide
a public service but are not controlled by publicly elected
governing board. Allowable building intensity varies and is
governed by the Zoning Ordinance. All uses or their expansions
are evaluated through the use permit process and must comply with
criteria indicating their compatibility with adjacent uses.
There is only one category of industrial use light industry.
Wineries and related accessory uses are permitted under this designa-
tion. One industrial lot per 10 acres net is permitted with a maximum
building coverage of 30 Excavation of natural materials could be
permitted under this designation if potential adverse impacts on the
air and water quality, safety, and overall quality of adjacent envi-
ronments are mitigated.
Overall Height Limit
No structure shall be over two stories in height except for
structures located within the Village boundary as defined in the
Village Area Plan. In the Village, structure height will be
limited based on compatibility with existing structures and the
natural environment.
AUG 2 8 1995
August 24, 1995
TO THE HONORABLE CLERK OF THE CITY OF SARATOGA:
We, the undersigned, registered and qualified voters of the City of Saratoga, hereby propose an
ordinance to amend the City of Saratoga General Plan. We petition you to submit the same to the
City Council of the City of Saratoga for its adoption without change, or for rejection and
submission of the same to the voters of the City of Saratoga at a special election. In the event
that the initiative petition is not signed by the number of voters required by Elections Code
section 9214 and the City Council of the City of Saratoga does not adopt the ordinance without
change, we petition you to submit the ordinance to amend the City of Saratoga General Plan to
the voters of the City of Saratoga at the next regular municipal election.
AMENDMENT TO THE CITY GENERAL PLAN REQUIRING VOTE OF THE PEOPLE IN
ORDER TO INTENSIFY EXISTING LAND USE DESIGNATIONS FOR ALL LANDS
DESIGNATED "RESIDENTIAL OR "OUTDOOR RECREATION"
The people of the City of Saratoga do hereby ordain as follows:
Section 1 Propose and Fin in
A. The protection of the character of existing low density residential neighborhoods
and outdoor recreational open space areas in the City of Saratoga is of critical importance to
Saratoga residents. The City was founded as a semi -rural residential •community and most
residents moved here because of this distinctive feature. Saratoga remains unique among South
Bay communities because of its country atmosphere and open space areas, its majestic trees, an
unusually low crime rate, and quiet neighborhoods free of or only minimally affected by retail,
commercial and office development.
Page 1
B. In recent years, however, the very attributes that make Saratoga so desirable have
become threatened. The City Council is under strong and unceasing pressure from developers to
convert residential and open space lands to retail commercial or high density residential
developments. Proposals for more intensive development in residential neighborhoods are now
regularly before the City; almost certainly some of these will be granted.
C. The opening of the Route 85 freeway through Saratoga may also dramatically
increase development pressure in Saratoga. Newly opened freeway corridors typically undergo an
intensification of commercial, industrial and high density residential development.
D. The unique character and quality of life of City residents depend on the protection
of Saratoga's residential neighborhoods and recreational open space areas. This initiative, if
approved by the voters, will provide this assurance by giving greater stability to the City's General
Plan, specifying that general plan provisions essential to the protection of the residential and
recreational open space areas in the City can be amended or repealed only by the voters of the
City of Saratoga. In particular, the initiative requires, with certain exceptions, a vote of the
people to permit: (1) the redesignation of residential lands to commercial, industrial or other land
use designations, (2) an increase of densities or intensities of residential land use, or (3) the
redesignation of recreational open space lands to other land use designations. This initiative does
not affect the City's existing regulations that authorize the creation of second dwelling units. Nor
does the initiative interfere with the City's obligation under state law to revise the Housing
Element of the General Plan every five years.
E. The Land Use Element of the City of Saratoga General Plan, adopted May 4, 1983
as amended through August 7, 1995 (hereinafter, "City's Land Use Element sets forth policies
that protect the character of Saratoga's residential neighborhoods, including the following:
Page 2 of 10
"LU.8.0 Affirm that the City shall continue to be predominantly a community of single
family detached residences.
LU.8.1 Existing non developed sites zoned single -family detached residential
should remain so designated."
This initiative serves to further the purpose underlying the foregoing policies.
F. The City's Land Use Element establishes development standards for residential
land use in six subcategories (using the term "DU" to refer to dwelling units), as follows:
"A. Hillside Conservation Single Family Maximum density of .5 DU /net acre
or 1.55 people/acre. Maximum intensity of building and impervious surface
coverage: 15,000 square feet or 25% of site area, whichever is less.
B. Very Low Density Single Family Maximum density of 1.09 DU /net acre
or 3.38 people/acre. Maw intensity of building and impervious
surface coverage: 35% of site area.
C. Low Density Single Family Maximum density of 2.18 DU /net acre or
6.76 people/acre. Maximum intensity of building and impervious surface
coverage: 45% of site area.
D. Medium Density Single Family
1. M -10 maximum density of 4.35 DU /net acre or 13.5 people/acre.
2. M -12,5 maximum density of 3.48 DU /net acre or 10.8
people/acre.
3. M -15 maximum density of 2.90 DU /net acre or 9.0 people/acre.
In all cases above, the maximum intensity of building and impervious surface
coverage is: 50%- 60% of site area.
E. Multi- family Maximum density of 14.5 DU /net acre or 27-45 people/acre.
Maximum intensity of building coverage: 40% of site area.
F. P -D (Planned Development) Residential 4.35 to 12.45 DU /net acre or
13.5 to 38.6 people/acre. Maximum intensity of building coverage: 25%
35% of site area. All projects proposed on sites with this designation shall
require use permit approval as provide for in Article 16 of the zoning
ordinance.
Page 3 of 10
G. The Open Space Element of the Saratoga General Plan declares that the City
should, where possible, improve the existing inventory of local public park and recreation
facilities. In the face of increasing development pressures within the City, it is essential that the
City, at a minimum, affirm its intention to maintain its existing recreational open space resources
The City's Open Space Element sets forth policies that call for the protection of Saratoga's
outdoor recreation open space lands, including the following:
"Preserve, through a variety of methods, as much as possible of the open space areas
described in the Open Space Element for visual greenbelts, conservation and management
of environmental resources, public health and safety protection and for recreational use."
Further, the City's Land Use Element establishes development standards for the outdoor
recreation open space subcategory of open space lands as follows:
"Outdoor recreation This subcategory consists of City or County parks or lands
designated for those uses. Only recreational facilities (i.e. playground equipment,
recreational courts, etc.), structures necessary to support the parks or structures of
particular historic value are permitted in these areas. These sites are considered to be of
particular value for recreational purposes. Some parks preserve significant vegetation
features such as Hakone Gardens and Villa Montalvo County Park."
This initiative serves to further the purpose underlying the foregoing policies.
IL The purpose of this initiative is to ensure that residential lands are not
unnecessarily converted to higher density residential, commercial or industrial land use
designations and to protect the City's existing recreational open space resources. Accordingly,
the initiative ensures that until December 31, 2025, the foregoing provisions of the City's Land
Use Element governing building densities and intensities on residential lands may not be changed
It should be noted that any discussion of the number of people per acre is not
meant to act as a limit to family size or maximum number of people that would be
permitted to live on a site. The population densities given are meant only to act as
a guide to the average number of people likely to occupy a given area."
Page 4of10
except by vote of the people to increase the maximum densities and intensities stated. In addition,
the initiative provides that any lands designated as "Hillside Conservation Single Family," "Very
Low Density Single Family," "Low Density Single Family," "Medium Density Single Family,"
"Multi- Family," "P -D (Planned Development)," or "Outdoor Recreation" by the City's General
Plan and amendments thereto through August 7, 1995 will remain so designated until December
31, 2025 unless the land is redesignated by the City Council pursuant to the procedures set forth
in this initiative or redesignated to another land use category by vote of the people.
Section.2.
A. This Initiative hereby reaffirms and readopts, until December 31, 2025, the
provisions of the Land Use Element of the City of Saratoga General Plan adopted in 1983 as
amended through August 7, 1995 specifying maximum densities and intensities of uses permitted
in the City's residential subcategories, which provisions are set forth in their entirety in finding F
of Section 1 of the initiative. In addition, the initiative hereby reaffirms and readopts, until
December 31, 2025, the "Hillside Conservation Single Family," "Very Low Density Single
Family," "Low Density Single Family," "Medium Density Single Family," "Multi- Family," and "P-
D (Planned Development)" designations of the City of Saratoga General Plan and amendments
thereto through August 7, 1995. Further, the following text is added as the last paragraph of the
"Residential" section of the City of Saratoga General Plan Land Use Element adopted in 1983 as
amended through August 7, 1995, at page 3 -2:
"Limitations on General Plan Amendments Relating to 'Residential' Lands.
1. Until December 31, 2025, the foregoing provisions governing maximum
building density and intensity for lands designated "Hillside Conservation
Single Family," "Very Low Density Single Family," "Low Density Single
Page 5 of 10
Family," "Medium Density Single Family," "Multi- Family," and "P -D
(Planned Development)" shall not be amended to increase such densities or
intensities unless such amendment is approved by vote of the people.
2. All lands designated "Hillside Conservation Single Family," "Very Low
Density Single Family," "Low Density Single Family," Medium Density
Single Family," Multi- Family," or "P -D (Planned Development)" by the
City of Saratoga General Plan and amendments thereto through August 7,
1995 shall remain so designated until December 31, 2025, unless said land
is redesignated to another general plan land use category by vote of the
people, or redesignated by the City Council pursuant to the procedures set
forth in subsections 3 and 4 below.
3. Except as provided in subsection 4 below, land designated by the City of
Saratoga General Plan as "Hillside Conservation Single Family," "Very
Low Density Single Family," "Low Density Single Family," "Medium
Density Single Family," "Multi Family," or "P -D (Planned Development)"
may be redesignated to a more intensive residential land use by the City
Council pursuant to its usual procedures only if the City Council makes
each of the following findings:
a. The proposed redesignation is essential for the Housing Element to
be in substantial compliance with state law, and no other feasible
redesignation (including, but not limited to, redesignation of lands
designated for non residential uses) or measures other than the
proposed redesignation are available to achieve such compliance
that would involve less intensive use of the land to be redesignated;
and
Page 6 of 10
b. The Housing Element of the City's General Plan is in substantial
compliance with state law, and the state Department of Housing
and Community Development has found such compliance.
4. Land designated by the City of Saratoga General Plan as "Hillside
Conservation Single Family," "Very Low Density Single Family," "Low
Density Single Family," "Medium Density Single Family," "Multi- Family,"
or
"P -D (Planned Development)" may be redesignated to another land use
category by the City Council if each of the following conditions are
satisfied:
a. The City Council makes a finding that the application of subsection
2 of this policy on "Limitations on General Plan Amendments
Relating to 'Residential' Lands" would constitute an
unconstitutional taking of the landowner's property; and
b. In permitting redesignation, the City Council allows additional land
uses only to the minimum extent necessary to avoid said
unconstitutional taking of the landowner's property, and protects to
the maximum extent possible the character of immediately
surrounding residential neighborhoods."
B. This Initiative hereby reaffirms and readopts, until December 31, 2025, the
"Outdoor Recreation" designations of the City of Saratoga General
Plan and amendments thereto through August 7, 1995. Further, the following text is added as
paragraph G of the "Open Space" section of the City of Saratoga General Plan Land Use Element
adopted in 1983 as amended through August 7, 1995, at page 3-4:
"Limitations on General Plan Amendments Relating to 'Outdoor Recreation'
Lands.
1. All lands designated "Outdoor Recreation" by the City of Saratoga General
Plan and amendments thereto through August 7, 1995 shall remain so
designated until December 31, 2025, unless said land is redesignated to
another general plan land use category by vote of the people, or
redesignated by the City Council pursuant to the procedures set forth in
subsections 2 and 3 below.
2. Except as provided in subsection 3 below, land designated "Outdoor
Recreation" by the City of Saratoga General Plan and amendments thereto
through August 7, 1995 may be redesignated to residential land use by the
City Council pursuant to its usual procedures only if the City makes each of
the following findings:
a. The proposed amendment is essential for the Housing Elemenrto
be in substantial compliance with State law, and no other feasible
designation (including, but not limited to, redesignation of lands
designated for non residential uses) or measures other than the
proposed redesignation are available to achieve such compliance
that would involve a less intensive land use of the and to be
redesignated; and
b. The Housing Element of the City's General Plan is in substantial
compliance with state law, and the state Department of Housing
and Community Development has found such substantial
compliance.
Page 8of10
Page 9 of 10
3. Land designated by the City of Saratoga General Plan as "Outdoor
Recreation" may be redesignated to another land use category by the City
Council if each of the following conditions are satisfied:
a. The City Council makes a finding that the application of subsection
1 of this policy on "Limitations on General Plan Amendments
Relating to 'Outdoor Recreation' Lands" would constitute an
unconstitutional taking of the landowner's property; and
b. In permitting redesignation, the City Council allows additional land
uses only to the minimum extent necessary to avoid said
unconstitutional taking of the landowner's property, and protects to
the maximum extent possible the character of the immediately
surrounding residential neighborhoods."
Section 3 *implementation
A. Upon the effective date of this initiative, the provisions of Section 2 of the
initiative are inserted into the Land Use Element of the City of Saratoga General Plan as an
amendment thereof; except that if the four amendments of the mandatory elements of the general
plan permitted by state law for any given calendar year have already been utilized in 1996 prior to
the effective date of this initiative, this general plan amendment shall be the first amendment
inserted in the City's General Plan on January 1, 1997. At such time as this general plan
amendment is inserted in the City General Plan, any provisions of the City Zoning Ordinance, as
reflected in the ordinance itself or the City of Saratoga Zoning Map, inconsistent with that
amendment shall not be enforced to the extent of the inconsistency.
B. The provisions of this initiative and the terms it adds to the City's General Plan
shall supersede any conflicting provisions of the General Plan and Zoning Ordinance that may be
enacted by the City Council between the date this initiative is filed with the City and the effective
date of the initiative. Upon the effective date of the initiative, all general plan amendments,
rezonings, specific plans, tentative or final subdivision maps, conditional use permits, building
permits and other ministerial and discretionary entitlements for use not yet approved or issued
shall be approved or issued only if consistent with the policies and provisions of this initiative.
Section 4 Exemptions for Certain Projects_
This initiative shall not apply to any development project which has obtained as of the
effective date of the initiative a vested right pursuant to state law.
Section 5. SeverRbility.
If any portion of this initiative is declared invalid by a court, the remaining portions are to
be considered valid.
Section 6 Amenriment or Reriestl
This initiative may be amended or repealed only by the voters of the City of Saratoga at a
City election.
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Frontage Width Depth
100 ft. 150 ft. 150 ft.
The frontage and width of an access corridor to a flag
lot shall be not less than twenty feet.
15- 11.080 Site coverage.
The maximum site coverage on any lot in an A district
shall be as follows:
(a) The maximum coverage shall be twenty-five
percent or fifteen thousand square feet, whichever is less.
(b) In determining the amount of impervious surface,
the area of a single driveway providing vehicular access
from the street to the required enclosed parking spaces
on the site, and any related turnaround area determined
to be necessary for safety purposes, shall be excluded.
(Amended by Ord. 71.99 4, 1991)
15- 11.090 Front yard, side yards and rear
yard.
(a) The minimum front yard shall be thirty feet or
twenty percent of the lot depth, whichever is greater.
(b) The minimum side yard shall be twenty feet or
ten percent of the lot width, whichever is greater.
(c) The minimum rear yard shall be fifty feet in the
case of a single story structure, and sixty feet in the case
of a multi -story structure, or twenty -five percent of the
lot depth, whichever is greater. (Amended by Ord. 71.99
5, 1991)
15- 11.100 Height of structures.
(a) No single family dwelling shall exceed twenty-six
feet in height and no other type of structure shall exceed
thirty feet in height.
(b) No structure shall exceed two stories.
15- 11.110 Accessory uses and structures.
Accessory uses and structures shall comply with the
special rules as set forth in Section 15- 80.030 of this
Chapter.
15- 11.120 Screening and fencing.
(a) An operation not conducted within a completely
enclosed structure or the open storage of produce, materi-
als or equipment, when found by the Planning Commission
to be unsightly or potentially hazardous, shall be screened
by a solid fence, wall or compact evergreen hedge as
approved by the Planning Commission.
(b) Fences, walls and hedges shall comply with the
regulations set forth in Article 15 -29 of this Chapter.
291
Article 15 -12
R -1: SINGLE- FAMILY RESIDENTIAL
DISTRICTS
Sections:
15- 12.010
15- 12.020
15- 12.030
15- 12.040
15- 12.050
Purposes of Article.
Permitted uses.
Conditional uses.
One dwelling unit per site.
Site area.
15- 11.160
15- 11.130 Signs.
No sign of any character shall be erected or displayed,
except as permitted under the regulations set forth in
Article 15 -30 of this Chapter.
15- 11.140 Off- street parking and loading
facilities.
Off street parking and loading facilities shall be pro
vided.for each use on the site, in accordance with the
regulations set forth in Article 15 -35 of this Chapter.
15- 11.150 Design review.
The construction or expansion of any main or accessory
structure in an A district shall comply with the applicable
design review regulations set forth in Article 15 -45 or
Article 15 -46 of this Chapter.
15- 11.160 Grading on hillside lots.
The combined cut and fill of any grading on a hillside
lot shall not exceed one thousand cubic yards, including
any excavation for a swimming pool, unless a larger
quantity is approved by the Planning Commission upon
making all of the following findings:
(a) The additional grading is necessary in order to
allow reasonable development of the property or to achieve
reasonable vehicular access to the proposed development,
and
(b) The natural land forms and vegetation are being
preserved and protected, and
(c) The increased grading is necessary to promote
the compatibility of the construction with the natural
terrain, and
(d) The increased grading is necessary to integrate
an architectural design into the natural topography, and
(e) The increased grading is necessary to reduce the
prominence of the constriction as viewed from surround-
ing views or from distant community views. (Ord. 71.99
6, 1991)
(Saratoga 1 -93)
15- 12.010
15- 12.060
15- 12.061
15- 12.070
15- 12.080
15- 12.090
15- 12.100
15-12.110
15- 12.120
15- 12.130
15- 12.140
15- 12.150
15- 12.160
15- 12.010 Purposes of Article.
In addition to the objectives set forth in Section 15-
05.020, the single- family residential districts are included
in the Zoning Ordinance to achieve the following purposes:
(a) To reserve appropriately located areas for family
living at a reasonable range of population densities consis-
tent with sound standards of public health and safety.
(b) To ensure adequate light, air, privacy and open
space for each single family dwelling unit.
(c) To protect single- family dwellings from the conges-
tion and lack of privacy associated with multi family
dwellings.
(d) To provide space for community facilities needed
to complement residential areas and for institutions which
require a residential environment.
(e) To protect residential properties from the hazards,
noise and congestion created by commercial and industrial
uses.
(t) To protect residential properties from fire, explo-
sion, noxious fumes, noise, excessive light or glare and
other hazards.
15- 12.020 Permitted uses.
The following permitted uses shall be allowed in the
R -1 districts:
(a) Single family dwellings.
(b) Accessory structures and uses located on the same
site as a permitted use, including garages and carports,
garden sheds, greenhouses, shade structures, recreation
rooms, home hobby shops, cabanas, structures for housing
swimming pool equipment and one guest house.
(c) Raising of fruit and nut trees, vegetables and horti-
cultural specialties, not including nurseries, greenhouses
or storage of landscaping equipment products or supplies
for commercial uses.
(Saratoga 1 -93)
Density of hillside subdivisions.
Location of building sites.
Site frontage, width and depth.
Site coverage.
Front yard, side yards and rear
yards.
Height of structures.
Accessory uses and structures.
Fences, walls and hedges.
Signs.
Off street parking and loading
facilities.
Design review.
Storage of personal property
and materials.
292
(d) Home occupations, conducted in accordance with
the regulations prescribed in Article 15-40 of this Chapter.
(e) Stables and corrals for the keeping for private use
of one horse for each forty thousand square feet of net
site area provided, however, that in the equestrian zone
only, one additional horse may be permitted on the first
forty thousand square feet of net site area, and an addition-
al horse may be permitted for each additional forty thou-
sand square feet of net site area. All horses shall be subject
to the regulations and license provisions set forth in
Section 7- 20.220 of this Code.
(f) Swimming pools used solely by persons resident
on the site and their guests.
(g) The keeping for private use of a reasonable number
of domestic dogs, cats and other small mammals, birds,
fish and small reptiles, subject to the regulations as set
forth in Article 7 -20 of this Code, and subject also to
the restrictions and standards prescribed in Section 15-
11.020(h) of this Chapter.
(h) Recreational courts, to be used solely by persons
resident on the site and their guests.
15- 12.030 Conditional uses.
The following conditional uses may be allowed in the
R -1 districts, upon the granting of a use permit pursuant
to Article 15 -55 or Article 15 -56 of this Chapter:
(a) Accessory structures and uses located on the same
site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings,
structures and facilities.
(e) Religious and charitable institutions.
(t) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations,
power stations, drainage ways and structures, storage tanks
and transmission lines.
(h) Recreational courts, to be used solely by persons
resident on the site and their guests, where the lot is
located in an R -1 district combined with a P -C district
or constitutes part of a planned residential development.
(i) Boarding stables and community stables, subject
to the regulations prescribed in Section 7- 20.220 of this
Code.
(j) Model homes utilized in connection with the sale
of new single family dwellings in a subdivision, located
upon a lot within the same subdivision or, in the discretion
of the Planning Commission, upon a lot within another
subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not
to exceed an initial term of one year and not exceeding
a term of one year for each extension thereof.
(k) Cemeteries.
(1) One second unit, as authorized by a use permit
granted pursuant to Article 15 -56 of this Chapter.
(m) Parking lots providing off -street parking for abut-
ting commercially zoned property where all of the follow-
ing conditions and requirements are satisfied:
(1) The site shall be utilized exclusively to provide
off- street parking for the uses located on the abutting
commercial property and for no other purpose.
(2) The site to be utilized for parking and the abutting
commercial property shall be under common ownership.
(3) The abutting commercial property shall be located
outside of the jurisdictional limits of the City.
(4) The site to be utilized for parking cannot reasonably
be developed for residential uses.
(5) No local street, as defined in Section 14- 10.290(g)
of the Subdivision Ordinance, shall be used as a means
of access to the parking lot.
(6) The parking lot shall be used solely for the parking
of passenger automobiles. No loading facilities of any
kind and no overnight parking shall be allowed.
(7) No signs, except approved directional signs, shall
be maintained on the parking site.
(8) The parking lot shall be screened from adjacent
residential properties by fencing and landscaping approved
by the City.
The foregoing conditions and requirements are not
intended to be exclusive and the Planning Commission
may impose any other conditions it deems necessary or
appropriate for the granting of a use permit pursuant to
Article 15 -55 of this Chapter. If a use permit is granted,
the permittee shall execute a contract with the City agree-
ing to observe and perform all of the conditions of the
use permit. Such contract shall be in form and substance
satisfactory to the City and shall be recorded in the office
of the County Recorder and shall constitute a covenant
running with the land with respect to both the parking
lot site and the abutting commercial property.
(n) Antenna facilities operated by a public utility for
transmitting and receiving cellular telephone and other
wireless communications. (Amended by Ord. 71 -163
1 (part), 1996)
15- 12.040 One dwelling unit per site.
Not more than one dwelling unit shall be located on
each site, except for a second unit authorized by a use
permit granted pursuant to Article 15 -56 of this Chapter.
15- 12.050 Site area.
The minimum net site area in each R -1 district shall
be as follows:
293
Interior Corner
District Lot Lot
Flag
Lot
R- 1- 10,000 10,000 sq. ft. 12,000 sq. ft. 20,000 sq. ft.
R -1- 12,500 12,500 sq. ft 15,000 sq. ft. 20,000 sq. ft
R -1- 15,000 15,000 sq. ft. 18,000 sq. ft. 20,000 sq. ft.
R -1- 20,000 20,000 sq. ft 24,000 sq. ft. 20,000 sq. ft.
R -1- 40,000 40,000 sq. ft. 48,000 sq. ft 40,000 sq. ft.
(Amended by Ord. 71.99 7, 1991)
15- 12.060 Density of hillside subdivisions.
In the case of a hillside subdivision, as defined in
Section 14- 10.140 of the Subdivision Ordinance, located
within any R -1 district, the maximum number of dwelling
units (density) shall be as follows:
(a) Determination of density. Except as otherwise
provided in subsection (c) of this Section, the maximum
density of a hillside subdivision shall be determined by
dividing the net site area of the property to be divided
by the average acres per dwelling unit, rounding up to
the next whole number where a fraction of more than
.50 is obtained.
(b) Average acres per dwelling unit. The average
acres per dwelling unit shall be determined by the follow-
ing slope /density formula:
Average acres 1
per dwelling unit 1.089 .01778S
15- 12.061
Hillside
Lot
40,000 sq. ft.
40,000 sq. ft
40.000 sq. ft.
40,000 sq. ft.
40.000 sq. ft.
Where: S average slope in percent, as calculated
in accordance with Section 15- 06.630 of this
Chapter.
(c) Reduction of density. The City may require a
reduction in the number of dwelling units below the maxi-
mum number otherwise permitted under subsection (a)
of this Section if the City determines that such reduction
is necessary or appropriate by reason of site restrictions
or geologic hazards
(d) Further subdivision prohibited. Upon recordation
of a final subdivision or parcel map covering any site,
no lots or parcels shown on such map may thereafter be
further subdivided so as to increase the total density
permitted under this Section for the entire subdivision
or parcel depicted on the final map.
15- 12.061 Location of building sites.
The average natural grade of the footprint underneath
any dwelling unit, swimming pool or other structure shall
not exceed thirty percent slope, and no dwelling unit,
swimming pool or other structure shall be built upon a
slope which exceeds forty percent natural slope at any
location under the structure between two five -foot contour
lines, except that:
(Saratoga 6-97)
15- 12,061
(a) A variance pursuant to Article 15 -70 of this Chapter
may be granted where the findings prescribed in Section
15- 70,060 can be made, and
(b) An exception under Article 14 -35 of the Subdivi-
sion Ordinance may be granted where the findings pre-
scribed in Section 14- 35,020 can be made.
15- 12,070 Site frontage, width and depth.
(a) The minimum site frontage, width and depth in
each R -1 district shall be as follows:
Site Site
District Frontage Width
R- 1- 10,000 60 ft. 85 ft.
R- 1- 12,500 65 ft. 90 ft.
R- 1- 15,000 70 ft. 100 ft.
R -1- 20,000 80 ft. 110 ft.
R -1- 40,000 100 ft. 150 ft.
(b) Notwithstanding the provisions of subsection (a)
of this Section:
(1) The site width of a corner lot shall be not less
than one hundred feet.
(2) The minimum site frontage on a cul -de -sac turn-
around shall be sixty feet where seventy-five percent or
more of the frontage abuts the turnaround.
(3) The frontage and width of an access corridor to
a flag lot shall be not less than twenty feet.
15- 12,080 Site coverage.
(a) The maximum coverage in each R -1 district shall
be as set forth in the following table:
(b) In determining the amount of impervious surface
in the R -1- 40,000 zoning district, the area of a single
driveway providing vehicle access from the street to the
required enclosed parking spaces on the site and any
related turnaround area for such spaces or required for
safety purposes shall be excluded, and the maximum
coverage shall be as follows:
(Saratoga 6-97)
District
R- 1- 10,000
R- 1- 12,500
R- 1- 15,000
R -1- 20,000
District
R -1- 40,000
Coverage
60%
55%
50%
45%
Coverage
30%
Site
Depth
115 ft.
120 ft.
125 ft.
140 ft.
150 ft.
(Amended by Ord. 71.99 8, 1991; Ord. 71 -111 1,
1992)
294
15- 12,090 Front yard, side yards and rear
yards.
(a) The minimum yard requirements for all lots in
the R -1 district, with the exception of vacant lots and
lots created after May 15, 1992, are as follows:
(1) Front yard. The minimum front yard of any lot
in each R -1 district shall be the distance indicated in the
following table:
(3) Side yards of corner lots.
yard of any corner lot in each R -1
distance indicated in the following
District
R- 1- 10,000
R- 1- 12,500
R- 1- 15,000
R -1- 20,000
R -1- 40,000
R -1- 10,000
R- 1- 12,500
R -1- 15,000
R- 1- 20,000
R -1- 40,000
District
R -1- 10,000
R -1- 12,500
R- 1- 15,000
R -1- 20,000
R- 1- 40,000
Interior
District Side Yard
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
(4) Rear yards of corner lots.
yard of any corner lot in each R -1
distance indicated in the following
Single -Story
District Rear Yard
R -1- 10,000 10 ft.
R- 1- 12,500 10 ft.
R -1- 15,000 12 ft.
R -1- 20,000 15 ft.
R -1- 40,000 20 ft.
Front Yard
25 ft.
25 ft.
25 ft.
30 ft.
30 ft.
(2) Side yards of interior lots. The minimum side
yard of any interior lot in each R -1 district shall be the
distance indicated in the following table for each side
yard:
Individual
Side Yards
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
The minimum side
district shall be the
table:
Exterior
Side Yard
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
The minimum rear
district shall be the
table:
Multi -Story
Rear Yard
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
(5) Rear yards of interior lots. The minimum rear
yard of any interior lot in each R -1 district shall be the
distance indicated in the following table:
Single -Story
District Rear Yard
R -1- 10,000 25 ft.
R- 1- 12,500 25 ft.
R- 1- 15,000 30 ft.
R- 1- 20,000 35 ft.
R -1- 40,000 50 ft.
(b) The minimum yard requirements for structures
and additions thereto on vacant lots and other lots created
after May 15, 1992, are as follows:
(1) Front yard. The minimum front yard of any lot
in each R -1 district shall be twenty percent of the lot
depth, or the distance indicated in the following table,
whichever is greater:
District
R- 1- 10,000
R- 1- 12,500
R- 1- 15,000
R -1- 20,000
R -1- 40,000
District
R- 1- 10,000
R -1- 12,500
R- 1- 15,000
R -1- 20,000
R -1- 40,000
(2) Side yards of interior lots. The minimum side
yard of any interior lot in each R -1 district shall be ten
percent of the lot width, or the distance indicated in the
following table for each side yard, whichever is greater:
District
R- 1- 10,000
R- 1- 12,500
R- 1- 15,000
R -1- 20,000
R -1- 40,000
Front Yard
25 ft.
25 ft.
25 ft.
30 ft.
30 ft.
Individual
Side Yards
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
Multi -Story
Rear Yard
35 ft.
35 ft.
40 ft.
45 ft.
60 ft.
(3) Side yards of corner lots. The minimum side
yard of any corner lot in each R -1 district shall be ten
percent of the lot width, or the distance indicated in the
following table:
Interior Exterior
Side Yard Side Yard
10 ft. 15 ft.
loft. 15 ft.
12 ft. 15 ft.
15 ft. 20 ft.
20 ft. 25 ft.
295
Single -Story
District Rear Yard
R -1- 10,000 25 ft.
R -1- 12,500 25 ft.
R -1- 15,000 30 ft.
R -1- 20,000 35 ft.
R -1- 40,000 50 ft.
Single -Story
District Rear Yard
R- 1- 10,000 25 ft.
R- 1- 12,500 25 ft.
R- 1- 15,000 30 ft.
R -1- 20,000 35 ft.
R- 1- 40,000 50 ft.
15- 12.100
(4) Rear yards of corner lots. The minimum rear
yard of any corner lot in each R -1 district shall be twenty
five percent of the lot depth, or the distance indicated
in the following table:
Multi -Story
Rear Yard
25 ft.
25 ft.
30 ft.
35 ft.
60 ft.
(5) Rear yards of interior lots. The minimum rear
yard of any interior lot in each R -1 district shall be twenty
five percent of the lot depth, or the distance indicated
in the following table, whichever is greater:
Multi -Story
Rear Yard
35 ft.
35 ft.
40 ft.
45 ft.
60 ft.
(c) For the purpose of this Article, "vacant lot" means
a parcel with no existing single family dwelling.
(d) Determination of yards for flag tots. On a flag
lot with an average width that exceeds its average depth,
the longer dimension may be considered the depth for
the purpose of measuring the front, side and rear yards,
unless to do so would adversely affect the lot's normal
yard orientation in relation to adjacent lots. (Amended
by Ord. 71.99 9, 1991; Ord. 71 -106 2, 1992; Amended
during 5/95 supplement)
15- 12.100 Height of structures.
(a) No single family dwelling shall exceed twenty-six
feet in height and no other type of main structure shall
exceed thirty feet in height.
(b) No accessory structure shall exceed twelve feet
in height; provided, however, the Planning Commission
may approve an accessory structure extending up to fifteen
feet in height if the Commission finds and determines
that:
(1) The additional height is necessary in order to
establish architectural compatibility with the main structure
on the site; and
(2) The accessory structure will be compatible with
the surrounding neighborhood.
(Saratoga 4-96)
15- 12.100
(c) No structure shall exceed two stories, except that
pursuant to a use permit issued under Article 15 -55 of
this Chapter, a three -story structure may be allowed for
an institutional facility located upon a site designated for
quasi- public facilities (QPF) in the General Plan, where
the average slope underneath the structure is ten percent
or greater and a stepped building pad is used. (Amended
by Ord. 71.87 1, 1991)
15- 12.110 Accessory uses and structures.
Accessory uses and structures shall comply with the
special rules as set forth in Section 15- 80.030 of this
Chapter.
15- 12.120 Fences, walls and hedges.
Fences, walls and hedges shall comply with the regula-
tions set forth in Article 15 -29 of this Chapter.
15- 12.130 Signs.
No sign of any character shall be erected or displayed
in any R -1 district, except as permitted under the regula-
tions set forth in Article 15 -30 of this Chapter.
15- 12.140 Off- street parking and loading
facilities.
Off street parking and loading facilities shall be pro-
vided for each use on the site, in accordance with the
regulations set forth in Article 15 -35 of this Chapter.
15- 12.150 Design review.
The construction or expansion of any main or accessory
structure in an R -1 district shall comply with the applicable
design review regulations set forth in Article 15-45 or
Article 15-46 of this Chapter.
15- 12.160 Storage of personal property and
materials.
(a) No portion of any site on which no dwelling exists,
or on which a fully constructed dwelling exists but is not
occupied and used for human habitation, shall be used
for the unenclosed storage of any personal property.
(b) With respect to any site on which a dwelling exists
which is occupied and used for human habitation, no
portion of any required front yard, and no portion of any
required exterior side or rear yard of corner lots, and rear
yards of double frontage lots, except as hereinafter pro-
vided, shall for any period of time in excess of five
consecutive days be used for the unenclosed storage of
any of the following:
(1) Motor vehicles, except automobiles in fully opera-
tional condition and currently registered and licensed for
(Saratoga 4-96)
296
operation on public highways and in normal daily use
by the occupants of the site.
(2) Trailers of any kind or make. Camper units de-
tached from the truck or other motor vehicle for which
they are designed or customarily used shall be considered
trailers for the purpose of this Section.
(3) Boats.
(4) Parts of any of the items of property described
in (1), (2) or (3) of this subsection.
(5) Building or construction materials, except those
materials reasonably required for work under construction
on the premises pursuant to a valid and effective building
permit issued in accord with Chapter 16 of this Code.
(6) Trash, garbage or refuse, except as provided by
Article 7 -05 in Chapter 7 of this Code.
Any of the foregoing items of property which have
been stored on a site or yard described herein for less
than five consecutive days and then removed, shall not
again be stored on such site or yard unless in compliance
with subsection (c) of this Section or pursuant to a tempo-
rary use permit issued pursuant to subsection (d) of this
Section.
(c) The items of property described in subsection (b)
of this Section may be stored in exterior side and rear
yards of corner lots and rear yards of double frontage
lots for periods in excess of five consecutive days where
a fence has been legally constructed of sufficient height
and of a type which screens the stored property from
public view and reasonably prevents such property from
becoming an attractive nuisance.
(d) The Planning Director shall have power, in cases
of practical difficulty or hardship, to grant temporary use
permits for storage of the items of property described
in subsection (b) of this Section in front, side or rear yards
of sites for limited periods of time in excess of five
consecutive days. Application for such storage permits
shall be in writing, on forms furnished by the City, and
any permit issued pursuant thereto shall be in writing,
shall describe the personal property to be stored, and the
location and time limit of the storage. The Planning
Director may impose reasonable conditions in any such
storage permit, which shall be agreed to in writing on
the face of the permit by the applicant prior to'the permit
being issued.
(e) For purposes of this section, the term "unenclosed
storage" means storage of items which are not completely
enclosed within a structure or completely screened from
public view by a permanent solid fence or wall which
structure, fence or wall has been constructed or installed
in accordance with the regulations contained in Chapter
15 of this Code. (Amended by Ord. 71 -156 1, 1995)
TO: Mayor City Council
FROM: City Manager
SUBJECT: Summary Status of Major Programs and Projects
DATE: July 16, 1998
The following briefly summarizes each of the major programs and projects on the
agenda for Tuesday evening's meeting. Staff will be available at the meeting to
discuss any of these in greater detail if necessary.
City Manager:
1. Recruitment and Reorganization Issues New Public Works Director began work
this week. Top Finance Director candidate informed me today that she is interested
in working out terms of employment with the City next week. Hopefully, this means
she will start with the City by mid August at the latest at which time Interim Finance
Director will transition out of the job. This is extremely positive news in that we will
very likely have landed the top candidates for both department head recruitments.
Selection of Sr. Admin. Analyst will be made by the end of July. No word yet on
H.R. Analyst, but should have something to report at your meeting. The top
candidate who was offered the position accepted employment elsewhere. City
Manager Secretary recruitment closes next Friday, expect selection process to take
at least another month. So far, there has been considerable interest expressed in
the job. Betsy has advised me her last day will be Friday, August 14, so recruitment
for City Clerk will get underway ASAP. All other staff vacancies have been filled.
Admin. Analysts are in the process of transferring programs and projects among
themselves, and this should be complete by the end of the month. Judy Sweet
expected to return to the City after Labor Day to spend some time working with the
senior staff on team building and organizational development issues. Her role with
the City should be finished by the end of October.
2. City Council Policy Manual Nothing further to report on this project. Betsy will
leave instructions for next City Clerk about what needs to be done.
3. ALTRANS Project Current activities are as reported at the June 17 meeting.
Project oversight has been transferred to Jennie Loft.
7,
4. New Volunteer efforts Development of outreach and database efforts will begin
this summer under supervision of Jennie Loft. Expect more to report at next
quarterly meeting.
Community Development Department:
1. Zoning Ordinance Amendments See attached memo from Community
Development Director.
2. Downtown development roundtable Will try to schedule this for late September
after summer vacations.
3. Circulation Element Update RFP to be issued by October 1; consultant selection
by December 1; draft work product by April 1; completion /adoption by July 1.
4. Mt. Winery update Several meetings /discussions held with project representatives
and County Planning staff about project description in NOP. Awaiting transmittal of
CUP and Arch /Site application submittals, including site and improvement plans,
from County to review and comment. Also awaiting draft EIR due in mid to late
August. Have requested break down of all current and proposed events by type,
and total net increase in visitors to the property to be included in description of
project which project reps. have agreed to do. New concerns about septic system
failure in late June which should prompt both County Environmental Health and
WVSD to review project details. Also see confidential memo from City Attorney
attached.
5. Adult Business Ordinance City Attorney has prepared draft ordinance. Upon
review by staff, it is recommended that the Ordinance be referred to the Public
Safety Commission for their review and comment. This could occur in September or
October, and Ordinance could be before City Council in November or December.
6. Measure G Implementation Policy New policy following Council's instructions on
July 7 will be drafted by staff for review at September 8 joint meeting with Planning
Commission.
Finance Department:
1 MIS Update Implementation of remaining HTE modules continues. Awaiting
assignment of a new dedicated Project Manager for the City by HTE to assist with
accomplishing this. Continuing staff training needs being assessed. Partnerships
with other west valley cities and West Valley College being explored to expand
desktop and network support services.
2. 5 -year Financial Plan Referred to Finance Advisory Commission. No activity yet.
3. Hillside Infrastructure Reserve Requirement Referred to Finance Advisory
Commission. No activity yet.
Public Works:
1. Capital Projects Update:
a. Quarry Creek Wetlands Mitigation (Project 9109) Contract for grading work at
College site to go to City Council on August 5. Grading to occur in August. Planting to
occur later this fall.
b. Quito Road Bridge Replacements (Project 9111) Consultant firm selected by
panel of representatives from City, Town of Los Gatos and Water District. Currently
negotiating scope of work and fees. Project may be under funded so discussions are
underway with Caltrans on increasing federal grant amount. Hope to have an
agreement for consulting services before the City Council in September. Design,
ROW, and environmental work to be done in FY 98 -99. Construction targeted for next
summer.
c. ADA Improvements (Project 9302) No further activity since previous report. Next
effort focuses on non compliant doors at Community Center /Sr. Center.
d. Quito Road Sidewalk (Project 9501) Project not to be completed with this
summer's PMP work as previously reported since work is not compatible with PMP.
Instead, coordination with property owners and plans for separate project to be
developed this fall. Anticipate bidding /construction in spring.
2. Park Development Projects (Project 9704) Update:
a. Playfields Development Project scoping meetings underway. Building a
consensus appears doable, but will take a lot of effort. Irene Jacobs and Council reps.
at recent meetings can provide more details at meeting.
b. Wildwood Park Restrooms No activity to report.
c. Kevin Moran /Gardiner Park Play improvements Options for play equipment
styles and types have been developed. Next need to meet with neighbors and fit into
overall schedule with playfield work.
d. Heritage Orchard Water Well Proposals from consultants to design, oversee
installation, and test well are being secured. Expect to report more progress at next
quarterly meeting.
e. Community Center Renovations Proposal from highly recommended architect
(Anderson Brule) for preliminary needs assessment of Community Center /Sr. Center
and Theatre dated June 12 isattached. Parks Recreation Commission recommends
going forward with the proposed work scope in response to Council's desire to examine
all options.
3. Saratoga Ave. Underground Utility District Project to be taken over by new
Public Works Director. Meeting with neighbors is delayed, thus public hearing will be
continued to September 2.
4. Hakone Caretakers House renovation County CDBG staff has awarded
construction contract of approximately $75,000. Final clearance through historic
preservation board secured last month. Work to begin in August. Expect completion in
November.
5. Sr. Center Improvements Awaiting County CDBG staff to award this contract.
Expect this to happen in September.
6. Civic Theatre Renovations See Community Center renovations above.
7. Prides Crossing Traffic Study Negotiations with top ranked consultant over final
scope of work is nearly complete. Jim Shaw can provide more details at meeting.
8. Infrastructure Report No activity yet. To be a top priority for the new Public
Works Director.
9. Pavement Management Program Work Expect to be out to bid in August.
Construction in September /October.
10. Saratoga Sunnyvale Rd. (ISTEA Project Relinquishment efforts) New
federal highway bill signed into law within the past month. This should free up funds for
City's project. No word yet on State's relinquishment efforts. New Public Works
Director will be following up on this.
Recreation Department:
1. Friends of Warner Hutton House Update Fundraising efforts continue to be
discussed. Grant possibilities being explored but nothing promising yet. Friends
believe fundraising efforts should be aimed at providing staffing, furnishings,
resources for new attic area, and not at capital cost of attic conversion (see
attached letter).
2. Warner Hutton House attic conversion Plans are complete, now need to figure
out how to fund project. Friends would like consideration for using Park
Development Funds (see attached letter).
attachments (4)
Printed on recycled paper.
DISCUSSION
66)
OM CDO
Floor Area Definition
13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200
MEMORANDUM
Mayor and Members of the City Council
TO:
FROM: James Walgr o u munity Development Director
DATE: July 21, 1998
SUBJECT: AZO -98 -001; CITY OF SARATOGA
DESCRIPTION
Consideration of proposed amendments to Article 14 and 15 of the Municipal Code
Saratoga's Subdivision and Zoning Ordinances, respectively. Amendments would
include revisions to the Building Floor Area and Average Site Slope definitions, the
Building Floor Area Reduction requirements, the Administrative Design Review and
Accessory Structure Review processes and the Sign Ordinance. New regulations are also
proposed that would include a restriction on the number of wood burning fireplaces
allowed in residential dwellings and the creation of creek protection setback criteria for
new construction. Lastly, staff is proposing amendments to the Lot Impervious Coverage
requirements to match the language of the Measure G initiative.
The Planning Commission reviewed the following proposed Zoning Ordinance
amendments at their June 24, 1998 regular public hearing meeting. With some minor
changes, the Commission unanimously recommended approval of the amendments to the
City Council. Attached to the narrative descriptions are corresponding draft ordinances
prepared by the City Attorney. Handwritten comments made within the margins of the
draft ordinances indicate changes that would be reflected in the final draft versions
presented to the City Council at the August 5 public hearing meeting.
Attached is a revised floor area definition that staff is recommending to replace the
current definition. This definition is intended to clarify certain elements of the current
1
COUNCIL MEMBERS:
Stan Bogosian
Paul E. Jacobs
Gillian Moran
Jim Shaw
Donald L. Wolfe
language that are subject to frequent interpretative problems and misunderstandings.
Specifically, the revised definition addresses attic areas and unenclosed areas.
Floor Area Reduction
This Section of the Zoning Ordinance establishes the maximum allowable building square
footage for a lot based on the net site area, the average slope of the lot and the proposed
building height. This proposed amendment would eliminate the exception process currently
available when calculating the allowable floor area for structures in excess of 18 ft. in
height. The result would be that the floor area reduction provision would no longer apply to
single family residential structures in the R1- 40,000 zoning districts. The reduction would
still apply to the smaller lot -size zoning districts, but the exception process to the reduction
rule would be eliminated.
In summary, a parcel's maximum allowable floor area is currently arrived at by:
Determining the net site area; this excludes all property within a public or private right
of -way, within a water district easement or within an unstable soils classification as
defined by the City's Ground Movement Potential Maps.
Determining the average slope of the parcel and further reducing the net site area in
accordance with the slope reduction criteria set forth in the ordinance. This final net site
area is then put into the allowable floor area table.
Further reducing the allowable floor area, for the R1 districts, based on the height of the
structure; 1.5 percent reduction for each one foot of building height in excess of 18 ft.
This reduction does not apply to the HR district.
The latter of these steps was adopted in 1992 as part of a comprehensive package of Zoning
Ordinance amendments. The intent at the time was to discourage homeowners within
predominantly single story neighborhoods to build taller two -story homes. An exception to
this regulation was provided for those applicants who could demonstrate that their particular
neighborhood was already predominantly developed with two -story homes.
Since this ordinance was adopted, the City has processed over 50 exception applications.
The pattern has been that these requests are almost always denied in the smaller lot zoning
districts, and almost always approved in the R1- 40,000 zoning districts. In every case, the
applicant, staff and the Planning Commission have had to struggle with defining the
geographical "neighborhood" and what constitutes a "predominance An unfortunate side
effect of this process has also been residents' consistent interpretation of these exception
requests as being Variance requests that every exception approval is granting yet another
Variance to Saratoga's Zoning Ordinance.
2
To simplify this process and still provide an incentive to keep new buildings low in the
districts where the vast majority of single story structures are found (R1- 10,000, R1- 12,500,
R1- 15,000 and R1- 20,000), staff is recommending that the floor area reduction provision no
longer apply to single family residential structures in the R1- 40,000 zoning district. The
reduction would still apply to the smaller lot -size zoning districts, but the exception process
to the reduction rule would be eliminated.
Administrative Design Review
The current Administrative Design Review procedures have never been codified in the
Zoning Ordinance. Instead, they are binding procedures adopted by Planning
Commission Resolution each staff planner has a copy of the Resolution and they are
available to the public. One of the problems this has created is that no appeal protocol
exists as does for other administrative decisions. For example, the appeal to the Planning
Commission of the administrative approval of the one -story Ravenswood Dr. home
addition was then appealed again to the City Council. Appeals of codified administrative
approvals are only appealable to the Planning Commission.
Staff is recommending that the Administrative Design Review process both be codified
as part of Article 15 -45 of the Zoning Ordinance and that the process be streamlined to
eliminate unnecessary multiple noticing. Instead of duplicate sets of notices being sent to
adjoining property owners and Commissioners, staff recommends a single notice be sent
to neighbors only.
Sign Ordinance
Currently, all signs that are greater than 10 sq. ft. and/or are illuminated require Planning
Commission approval at a public hearing. The only exceptions are signs that are
consistent with a pre- approved sign program these are approved administratively. It
was suggested by the Team Saratoga subcommittee of the Saratoga Business
Development Committee that the current sign ordinance discouraged compliance for
smaller businesses since it required the same fee and public hearing review process for a
single tenant/business as it did for a large retail center sign program. Staff had responded
by lowering the permit fees for individual businesses from $1,500 to $500 as part of the
FY 1997/98 fee schedule adopted by the City Council.
Staff is further suggesting that individual sign permits, with the possible exception of
internally illuminated signs, be reviewed and approved by staff rather than the Planning
Commission. Design and compatibility issues would still be addressed using existing
resources such as the Village Design Guidelines. Denials of sign permits could be
appealed to the Planning Commission.
3
Creek Protection Setbacks (not yet codified)
The City of Saratoga is traversed by seven major creeks that fall within the jurisdiction of
the Santa Clara Valley Water District; Saratoga, Calabazas, Wildcat, San Tomas Aquino,
Vasona, Prospect and Rodeo Creeks. The District's jurisdiction along these creeks
extends 50 feet from the top of each creek bank. Under existing regulations, the
construction or placement of a structure or any improvements within a designated
floodway is prohibited without the District's review and approval. Also prohibited
without express permission of the District are excavation within a floodway, the
construction or placement of an outlet for discharging drainage water upon or within the
banks of a watercourse, and any planting upon or within the banks of a watercourse.
Staff is recommending an ordinance that would augment the District's efforts and provide
local environmental restrictions and setback requirements from creeks for all properties in
Saratoga. This type of a setback is most effectively implemented at the subdivision
review stage, when a Tentative Subdivision Map has been submitted. This is how
Saratoga has regulated creek protection as a policy for the past several years. This new
ordinance would go one step further by adopting this policy as an ordinance requirement.
It should be noted that few jurisdictions have an ordinance of this type in place
primarily for the following reasons:
Defining what is and isn't a creek, particularly where seasonal watercourses are
concerned. What is a creek to one person may be seasonal drainage swale to another.
Defining the top of the creek bank to measure the setback from. Again, the actual top
of a creek bank is subject to varying interpretation.
Nevertheless, staff is proposing the following ordinance amendments that will require
both a riparian habitat/open space easement as a condition of Tentative Subdivision Map
approval and a creek setback requirement that will apply to existing lots. These measures
also promote the City's National Pollution Discharge Elimination System (NPDES)
permit compliance efforts and are supported by the Santa Clara Valley Water District.
Tentative Subdivision Map Requirements:
A riparian habitat/open space easement shall be required along all creeks identified in the
most recently available Maps of Flood Control Facilities and Limits of 1% Flooding,
prepared by the Santa Clara Valley Water District. These maps shall be used for
reference purposes only, and do not indicate any involvement, responsibility or liability
on the Water District's part related to this ordinance. Creeks identified in these maps
shall be referred to as "Protected Creeks
If a proposed subdivision abuts a Protected Creek, a riparian habitat/open space easement
shall be required along the creek to ensure future protection of the creek bank and the
riparian corridor. A Riparian Habitat Assessment shall be prepared by a qualified
professional to establish the appropriate dimensions of the easement. The easement shall
be recorded with the Final Map and shall prohibit any improvements, ornamental
landscaping or fencing, unless it is determined by the Community Development Director
that said structures or improvements will enhance a creek's condition (i.e. improvements
to flood and/or erosion control or improvements designed to protect riparian habitat).
Existing Lot Requirements:
For any new construction adjacent to a Protected Creek, the minimum required setbacks
prescribed for that particular zoning district shall be measured from the top of the creek
bank. Any existing structures that currently encroach into these setbacks shall be
considered legal non conforming and may remain subject to the regulations set forth in
Article 15 -65 of the Municipal Code. Any new construction, or additions to existing
structures, shall be required to meet these setbacks unless a Variance is otherwise granted
as a result of special circumstances. Accessory structures may be permitted within these
setbacks as provided for in the Zoning Ordinance.
It shall be the applicant/property owner's responsibility to accurately determine the
location of the top of creek bank. Where banks do not distinguishably end, the top of
bank shall be determined by the Santa Clara Valley Water District.
The definition of a Protected Creek would be included in the Zoning Ordinance. A
description would also be provided defining top of bank. Staff would further recommend
that the current definition of a Riparian Corridor be stricken, since it is more narrowly
defined and could be confused with these requirements for a Riparian Habitat protection
easement. Riparian Corridor is currently defined as only the area within the top of creek
banks the habitat area could be much broader.
Wood Burning Fire Place Restrictions
New home construction would be limited to one wood burning fireplace. Gas burning
only fireplaces would not be restricted.
This ordinance would only apply to new construction. When reviewing additions and
expansions, the ordinance would restrict net increases for example, a home owner with
three existing wood burning fireplaces would not be required to remove any of them, but
no new wood burning fireplaces could be built.
A representative of the Bay Area Air Quality Management District will be present at the
August 5 meeting to provide an overview of why the District is encouraging local
jurisdictions to adopt ordinances to restrict wood burning fireplaces. This will be a
similar presentation to the one the Planning Commission heard last year that prompted
these proposed restrictions.
5
Accessory Structures Noticing
Staff is recommending eliminating the noticing requirement for certain detached
accessory structures. Currently, open garden structures (arbors, gazebos, etc.) may be
located within required setbacks if they meet certain height and placement requirements
and an application notice is distributed to neighbors. Since there has never been an
appeal of this type of an administrative approval, staff questions the need to expend
reduced staffing resources on these types of tasks and recommends eliminating the
application process and noticing requirements. These structures would still be subject to
Zoning Ordinance height and placement requirements and Planning Division review and
approval via a "Zoning Clearance" prior to issuance of Building Permits.
Average Slope Definition
An issue of fairness has arisen for certain property owners with SCVWD easements on
their property. The Zoning Ordinance requires that only net site areas be used for
calculating a lot's maximum allowable floor area (AFA). The AFA is then further
adjusted based on the site's average slope average slope being based on a site's gross
site area. Road rights -of -way, landslides, and SCVWD easements are all deducted from a
site's gross site area. So a property with a creek and SCVWD creek easement across it
would be burdened by a high average slope calculation as a result of the physical
topography of the creek banks, but the area of the creek itself would be deducted from the
gross site area.
The argument has been made that property owners with steep terrain contained within a
SCVWD easement are being penalized twice. Staff agrees with this argument and is
therefore recommending that the slope definition be revised to be calculated from the net
site area.
Measure G Ordinance Lot Coverage Discrepancies
These proposed changes will make the Zoning Ordinance consistent with the language
contained in Measure G. Currently, staff has to explain two separate lot coverage
regulations for every inquiry.
Residential Garage Parking Dimensions (not yet codified)
This proposed amendment adds an interior parking dimension requirement for new
garages (9.5 ft. x 18 ft. per space). This is the minimum dimension of a standard parking
space, which staff has been administratively requiring for garages also.
6
Title Reference (not yet codified)
All references in the Zoning Ordinance to Planning Director should be amended to
Community Development Director.
RECOMMENDATION
Review the staff report and the attached corresponding draft ordinances and direct staff to
schedule the final drafts for the August 5, 1998 public hearing for formal consideration,
either as prepared or as amended by Council.
Attachments:
1. Floor Area Definition
2. Draft Ordinances
7
james \forms \flrarea.def
GROSS FLOOR AREA DEFINITION
POLICY STATEMENT
Saratoga's current definition of building Gross Floor Area, as
amended in 1987, has been subject to staff interpretation in
several instances as to what the definition includes or excludes.
The Planing Commission has adopted the following language as a
policy guideline to assist with clarifying the definition contained
in Subsection 15-06.280 of the Zoning Ordinance:
15- 06.280 Floor area; gross floor area.
(a) Floor area means horizontal area measured in square feet.
(b) Gross floor area means the total habitable and /or
accessible floor space under roof of all floors of a building
measured to the outside surfaces of exterior walls, including
halls, stairways, elevator shafts, ducts, service and
mechanical equipment rooms, interior courts, underfloor areas
with an interior height of five feet or greater, porches,
verandas and similar building elements with a solid roof and
enclosed on three or more sides, garages and enclosed
accessory structures. In the case of a sloped ceiling or
ground surface, the floor area shall be measured to the point
at which the interior height is less than five feet. The term
"interior courts" as used herein means an area within the
structure enclosed on all sides.
Gross floor area does not include basements, exterior roof
overhangs, exterior unenclosed balconies, inaccessible attic
areas, unenclosed accessory structures and unenclosed areas
underneath exterior decks or balconies. The term "enclosed"
as used herein means a structure with three or more walls, or
an equivalent percentage of enclosure for an area with more
than four walls, and a solid roof.
211, 11415 61114 V Wet 4 1
pted Chairma Planning Commission
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ADDING SECTION 15- 06.280
OF THE CODE OF THE CITY OF SARATOGA RELATING TO
DEFINITION OF "FLOOR AREA"
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION L Section 15- 06.280 of the Code of the City of Saratoga is hereby
repealed.
SECTION 2. Section 15- 06.280 is hereby added to the Code of the City of
Saratoga, to read as follows:
15- 06.280 Floor area; gross floor area.
(a) Floor area means horizontal area measured in square feet.
(b) Gross floor area means the total habitable and/or accessible floor
space under roof of all floors of a building measured to the outside
surfaces of exterior walls, including halls, stairways, elevator shafts,
ducts, service and mechanical equipment rooms, interior courts,
underfloor areas with an interior height of five feet or greater, porches,
verandas and similar building elements with a solid roof and enclosed on
three or more sides, garages and enclosed accessory structures. In the
case of a sloped ceiling or ground surface, the floor area shall be
measured to the point at which the interior height is less than five feet.
The term "interior courts" as used herein means an area within the
structure enclosed on all sides.
Gross floor area does not include basements, exterior roof overhangs,
exterior unenclosed balconies, inaccessible attic areas, unenclosed
accessory structures and unenclosed areas underneath exterior decks or
•balconies. The term "enclosed" as used herein means a structure with
three or more walls, or an equivalent percentage of enclosure for an area
1
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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:
ATTEST:
City Clerk
with more than four walls, and a solid roof.
June 11, 1998
MSR:dsp
J:\WPD\MNRSW\273\ORD.98\FLOORARE.98
2
Mayor
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING SECTION 15- 45.030
OF THE CODE OF THE CITY OF SARATOGA
RELATING TO EXCEPTION TO FLOOR AREA
REDUCTION FOR BUILDING HEIGHT
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Section 15- 45.030 of the Code of the City of Saratoga is hereby
amended, to read as follows:
"15- 45.030 Allowable floor area.
(a) Definition. As used in this Article, the term "allowable floor area"
means the maximum gross floor area of the main structure (including any
garage constituting a portion thereof), plus any accessory structures. For
purposes of calculating allowable floor area, any space with an interior height
of fifteen feet or greater shall be doubled. The allowable floor area is based
upon the size and slope of the lot and the height of the main structure to be
constructed or existing thereon as computed in accordance with the provisions
of this Section.
(b) Maximum standards. The standards set forth in this Section are
intended to be maximum figures and the Planning Commission may, in any
case, require that the floor area be reduced below the applicable standard if
such reduction is necessary in order to make the findings prescribed in Section
15- 45.080 of this Article.
(c) Slope adjustment. If the average slope of the lot is more than ten
percent, the net site area of the lot shall be reduced by a percentage amount
based upon the average slope and calculated as follows:
1
(d) Floor area standards. After reducing the net site area by the amount
required for the slope adjustment under subsection (c) of this Section, if any,
the floor area standard for the lot shall be determined in accordance with the
table set forth below:
Average Slope
of the Lot
10.01 -20%
20.01 -30%
Over 30%
*Where the average slope is a fractional number, it shall be
rounded up to the next whole number.
Size of Lot
(net site area)
5,000 10,000 sq.ft.
10,001- 15,000 sq.ft.
15,001- 40,000 sq.ft.
40,001- 80,000 sq.ft.
80,001- 200,000 sq.ft.
Gas -RAxta sax;
Percentage of. Net Site Area
to be Deducted
10% plus 2% for each 1 percent of
the slope over 10
30% plus 3% for each 1 percent of
the slope over 20
60%
Floor Area Standard
2,400 sq.ft. plus 160 sq.ft. for each
1,000 sq.ft. of net site area over
5,000 sq.ft.*
3,200 sq.ft. plus 170 sq.ft. for each
1,000 sq.ft. of net site area over
10,000 sq.ft.*
4,050 sq.ft. Plus 78 sq.ft. for each
1,000 sq.ft. of net site area over
15,000 sq.ft.*
6,000 sq.ft. Plus 20 sq.ft. for each
1,000 sq.ft. of net site area over
40,000 sq.ft.*
6,800 sq.ft. plus 10 sq.ft. for each
1,000 sq.ft. of net site area over
80,000 sq.ft.*
2
Te tot
200,000 8,000 sq.ft. is the maximum
allowable square footage.*
*Where division of the net site area by 1000 results in a fractional
number the product shall be rounded up to the next whole
number.
(e) Maximum floor area allowed for R -1, HR and A Zone districts.
The maximum allowable floor area shall be as prescribed in the following table:
Zone District Maximum Floor Area
R- 1- 10,000 4,400
R -1- 12,500 4,830
R -1- 15,000 5,220
R -1- 20,000 6,000
R -1- 40,000 7,200
HR and A 8,000
(f) Floor area reduction for certain zone districts. After the allowable
floor area is calculated in subsections (d) and (e) of this Section, the maximum
allowable floor area for all structures shall be reduced by 1.5 percent for each
one foot of maximum building height in excess of eighteen feet in height. This
deduction shall apply only to new construction b 5, 1992,
including new main structures, additions thereto, and new additions to existing
main structures, for all lots located in`` a* zone district.
ntA Z1.12.6, I• ex. I.2z
The maximum building height of any structure shall be determined in the
manner prescribed in Section 15- 06.340."
(1) Thcrc is a prcdominancc of two story structures in thc ncighborhood,
attel
(2) All thc findings in Scction 15- 45.080(a) through (f) arc prcscnt.
Amcndcd by Ord. 71.99 §24, 25, 1991; Ord. 71.86 §2, 1990; Ord. 71 -106
47, 1992; Ord. 71.113 (part), 1992; Amcndcd during 5/95 supplcmcnt)
3
45 Czt. YAckb (t.kArLucit t21.2o -1
t..,
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meek
of the City Council of Saratoga held on the day of 1998, by t
following vote.
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
June 5, 1998
MSR:dsp
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C:5
x^.j j(v tic; szi
t i
J
4
Mayor
follows:
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ADDING SECTION 15- 45.065
TO THE CODE OF THE CITY OF SARATOGA
RELATING TO ADMINISTRATIVE DESIGN REVIEW
The City Council of the City of Saratoga does hereby ordain as follows:
I6'. 451= L 1 c c A6) ∎,t
SECTION 1. Section 15- 45.065 is hereby added to Article 15 -45; ko, read as
"Section 15- 4^-,065 Administrative Design Review.
(a) In each of the following cases, no building permit shall be issued for the
construction or expansion of a single family structure or structure in any A, R -1, HR,
or !district until such structure has received administrative design review
approval by the ector, pursuant to this Article:
C Avi we)
New single -story residences;
1
4) Major additions in size, defined as either the addition of 50% a,
more of existing main or accessory structure or as a 100 sq. ft. or greater addition to
the second story of a main or accessory structure.
(b) The application for administrative design review approval shall comply
with Section 15- 45.070. In addition to the standard application materials, applicant
will be required to submit two (2) sets of stamped, addressed envelopes for mailing
notice to at least the ten (10) closest neighboring properties, 4.7 }am }i.;
s, and other deemed necessary by the Community Development. The
1
t Director will direct the applicant in determining the ten
closest properties. The
review approval unless the findings set forth in Section 15- 45.080 may be made
(c) If application can be approved, a "Notice of Intent to Approve" will be
mailed to the neighboring property owners, and others. All
concerned parties will have ten (10) days in which to review the application.
A
-r MI".
2
Director shall not grant design
Notwithstanding, Section
(e) If
(f)
Planning Commissioners, the application will
approved. If there are objections
which are subsequently resolved, th the application can also be approved. After
the application is approve. taff will mail out the second set of envelopes to noti
concerned parties pf the approval and to initiate the required 10 -day appeal period.
Any appeal will be reviewed by the Planning Commission at a public hearing.
5.110, the decision of the Planning Commission on
the appeal shall be final and not subject to appeal to the City Council.
*ice staff, then the a li
MCA
file a standard
design review application and go through the Planning Commission public hearing
process. At any point during the design review application process, the Community
Developmenemay, at his/her discretion, refer an application to the Planning
Commission for review and decision. All eferred applications shall be heard at a
standard public hearing.
Administrative design review approvals shall be subject to all time
limitations set forth in Section 15 -45 -090.
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
3
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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:
ATTEST:
4
Mayor
City Clerk
June 11, 1998
MSR:apn
J:\WPDWINRSW\273\ORD.98\ADR.98
5
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING SECTION 15- 30.060
OF THE CODE OF THE CITY OF SARATOGA
RELATING TO ADMINISTRATIVE REVIEW OF
CERTAIN SIGN PERMIT APPLICATIONS
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Section 15- 30.060 of the Code of the City of Saratoga is hereby
amended, to read as follows:
"15- 30.060 Application for permit.
1 L-\`.
(a) Application for a sign permit hereunder shall be made to the Planning
Director on such form as he may prescribe. If the site on which the sign will be
displayed is already subject to a sign program approved by the City, of if the
sign is a temporary real estate, construction, subdivision, special event or grand
opening sign or a directional sign, or (except in the case of illuminated signs) if
the sign is for an individual business or activity, the application may be acted
upon by the Planning Director; otherwise, the application shall be acted upon
by the Planning Commission. Notwithstanding the preceding sentence, the
Planning Director may refer any application for a sign permit to the Planning
Commission for a decision thereon.
(b) The application shall contain the following information:
(1) The location and size of any existing or proposed buildings and
structures on the site.
(2) The location of off street parking and loading spaces, including
major points of entry and exit for motor vehicles, where
directional signs are proposed.
(3)
The location of the proposed sign and its relationship to existing
or proposed adjacent buildings and structures on the site.
1
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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:
ATTEST:
City Clerk
(4) A scale drawing showing the size, height, dimensions and content
of the proposed sign or sign structure and also indicating the
colors and materials thereof.
(5) The location and size of all other existing signs on the site.
(6) If the sign is to be illuminated, the method, source and intensity,
of illumination.
(7) Such other information as the P in Director or the Planning
Commission may require in or er to determine whether the
proposed sign will comply with the regulations and standards
contained in this Article."
June 5, 1998
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2
Mayor
The City Council of the City of Saratoga does hereby ordain as folio\vs:
SECTION 1. Article 15 -48 is hereby added to the Code of the City of
Saratoga to read as follows:
15- 48.010 Purpose of Article
The purpose of this Article is to improve and maintain air quality
conditions in the City of Saratoga in order to protect and enhance the health
and quality of life of its citizens, as well as contribute to improvements in
regional air quality, by reducing air pollutant emissions from wood burning
fireplaces.
Lii .e. (A. h iir-(..` tc)/
F tAAT;f16 c e/txxx; 1,)1AAL,,t4.
Fireplace: An installed masonry or factory -built device designed to be
used with an air -to -fuel ratio greater than or equal to 35 -to -1.
15- 48.020 Definitions
15- 48.030 Limitations
1.
construction.
be gas -fired
venting, cony
control, and
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ADDING ARTICLE 15 -48
TO THE CODE OF THE CITY OF SARATOGA
RELATING TO WOOD BURNING FIREPLACES
ORDINANCE NO. 71-
"ARTICLE 15 -48 LIMITATIONS ON
WOOD BURNING FIREPLACES
V':, -43 6% -v-ImA 1't•S (aC41C.‘
Only one wood burning fireplace may be installed in a y new
All fireplaces in excess of one installed in new construction shall
eplaces (natural or propane) with dedicated gas jets, direct
ction chambers, heat exchanger, variable eat output andflame
ermanently affixed artificial logs. (AAA. A 4
\j ak� tyj ar A Z 7 e
ce. e Wilt
eta
2. It shall be unlawful to burn garbage, plastics, rubber, paints,
solvents, oil, treated wood products, particle board, glossy or treated paper,
coal, or any other material that produces noxious or toxic emissions when
burned in a wood burning fireplace.
15.48.040 Effective Date. This ordinance shall become effective on
and shall apply to all permits issued on or after
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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:
ATTEST:
City Clerk
June 11, 1998
MSR:dsp
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2
Mayor
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING SECTION 15- 80.030
OF THE CODE OF THE CITY OF SARATOGA
RELATING TO ACCESSORY STRUCTURES- NOTICING
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Section 15- 80.030 of the Code of the City of Saratoga is hereby
amended by repealing subsection (i) and amending subsection (j) thereof, to read as
follows:
rki
(j) Referral to Planning Commission. With respect to any accessory
structure requiring approval by the P'1annin Director, as described in
subsections (d)(2), (e) and (f) of this Section, the Director may refer the
matter to the Planning Commission for action thereon whenever the Director
deems such referral to be necessary or appropriate. an accessory structurc dcscribcd in subscction (d)(2) or (c), the Planning
this Scction.
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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:
L1� c L,tA3E,c. t
1
ATTEST:
City Clerk
June 8, 1998
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2
Mayor
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING SECTION 15- 06.030
OF THE CODE OF THE CITY OF SARATOGA
RELATING TO DEFINITION OF "SLOPE"
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Section 15- 06.030 of the Code of the City of Saratoga is hereby
amended to read as follows:
"Section 15- 06.030. Slope.
"Slope" means the average slope of the grass net site area determined by the
following formula, and rounded to the nearest whole percent:
Average .00229 IL
slope A
Where: I Contour interval in feet (at intervals of not more
than five feet)
L Combined length of contour lines in scale feet
A Crass Net site area expressed in acres"
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
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.
1
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
June 9, 1998
MSR:dsp
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2
Mayor
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING SECTIONS 15- 12.080
AND 15- 13.080 OF THE CODE OF THE CITY OF SARATOGA
RELATING TO SITE COVERAGE
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Sections 15- 12.080 and 15- 13.080 of the Code of the City of
Saratoga is hereby amended to read as follows:
"Section 15- 12.080 Site Coverage.
(a) The maximum coverage in each R -1 district shall be as set forth in
the following table:
District Coverage
R- 1- 10,000 60%
R -1- 12,500 55%
R -1- 15,000 50%
R -1- 20,000 45%
W1 Lk5 4 G)t. C k
(b) In determining the amount of impervious surface in the R -1-
40,000 zoning district, the area of a single driveway providing vehicle access
from the street to the required enclosedparking spaces on the site and any
related turnaround area for such s ices or required for safety purposes shall
be excluded, and the maximu overage shall be as follows:
District Coverage
R -1- 40,000 3$35%
Section 15- 13.080 Site Coverage.
The maximum site coverage on any lot in the HR district shall be as follows:
1
(a) The maximum coverage shall be twenty -five percent, or fifteen
thousand square feet, whichever is less.
determined to bc ncccssary for safcty purposes, shall bc excluded."
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and
be in full force and operation from and after thirty (30) days after its final passage
and adoption.
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:
ATTEST:
City Clerk
June 9, 1998
MSR:dsp
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2
Mayor
MICHAEL R. NAVE
STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
KENNETH A. WILSON
DAVID W. SKINNER
STEVEN T. MATTAS
MICHAEL F. RODRIQUEZ
CLIFFORD F. CAMPBELL
KATHLEEN FAUBION, AICP
RICK W. JARVIS
DEBBIE F. LATHAM
ARNE B. SANDBERG
BENJAMIN P. FAY
DANIEL A. MULLER
LIANE M. RANDOLPH
PATRICK WHITNELL
KATHARINE G. WELLMAN
JOHN W. TRUXAW
GARY A. WATT
JULIE L. HARRYMAN
OF COUNSEL
ANDREA J. SALTZMAN
CERTIFIED APPELLATE SPECIALIST
TO: City cogriar
City Manager
City of Saratoga
FROM: Michael S. Riback
City Attorney
ANNEXATION PROCEDURES:
MEYERS, NAVE, RIBACK, SILVER WILSON
A PROFESSIONAL LAW CORPORATION
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351 -4300
FACSIMILE: (510) 351 -4481
MEMORANDUM
CONFIDENTIAL PRIVILEGED
RE: Procedures for Annexation of Uninhabited* Property
Uninhabited Property is property involving 12 or fewer registered voters.
NORTH BAY OFFICE
555 FIFTH STREET, SUITE 230
SANTA ROSA, CA 95401
TELEPHONE: (707) 545 -8009
FACSIMILE: 1707) 545 -6617
CENTRAL VALLEY OFFICE
5250 CLAREMONT AVENUE
STOCKTON, CA 95207
TELEPHONE: (209) 951 -4080
FACSIMILE: (209) 951 -3009
DATE: June 12, 1998
This memorandum discusses the procedures that the City will be subject to should
it decided to annex the Mountain Winery. The following is intended as an overview of
the procedure, not as a comprehensive discussion. Should you wish additional clarification
on any aspect of this memorandum, please let me know.
1. Prefiling and filing considerations.
A. A proposal for a boundary change may be made by a resolution of application
by the City to LAFCO, by petition of the affected landowners, or by petition of the
registered voters.
B. Commission proceedings are deemed initiated on the date a petition or
resolution of application is accepted for filing by the commission's executive officer
issuance of a certificate of filing. LAFCO has 30 days to determine the completeness or
incompleteness of an application.
TO: City Council, City Manager
FROM: Michael S. Riback, City Attorney
RE: Procedures for Annexation of Uninhabited* Property
DATE: June 12, 1998
PAGE: 2
C. It is recommended that prior to filing, the City should meet with the
LAFCO's executive officer to establish the minimum requirements for processing.
D. Before LAFCO will issue a certificate of filing, the City first must meet with
the affected districts and agencies (in this case, the County) and reach agreement upon the
division of property tax revenues for the area subject to change. Upon filing of
application or resolution of application with LAFCO, the Executive Director, prior to
issuing a certificate of filing, gives notice to Assessor and Auditor. Within 30 days,
Assessor provides Auditor with report of assessed valuations and tax rate areas and Auditor
estimates amount of property tax revenues generated and other information. Within 45
days of notice of filing, Auditor notifies City and County of amount of, and allocation
factors with respect to, property tax revenue estimated subject to exchange. City and
County then negotiate to determine the amount of revenues to be exchanged. If no
agreement is reached within 30 days, the proposed reorganization fails and any agreement
after the 30 -day period would be void.
E. If an agreement is reached, LAFCO accepts application (petition or
resolution) for filing and sets date for hearing within 90 days.
F. LAFCO actions are generally subject to CEQA. Usually LAFCO will require
that the City prezone the site, which will have the effect of making the City the lead
agency for CEQA documents and LAFCO a responsible agency. If this happens then the
City will be responsible for preparing the initial study and the environmental report. The
City must comply with all CEQA requirements prior to LAFCO taking any action to
approve or deny the application.
2. LAFCO proceedings.
A. If petition or resolution is for annexation and detachment only and is signed
by or consented to, respectively, all owners of land within affected territory, LAFCO may
approve or disapprove reorganization without notice and haring and, further, may
authorize the conducting authority (City Council) to conduct proceedings without notice,
hearing or an election. The affected agency (County) must be given 10 days' prior notice.
If the City Council must conduct a public hearing, at the close of the hearing, it may
approve the reorganization if 50% or fewer landowners protest; if over 50% of landowners
TO: City Council, City Manager
FROM: Michael S. Riback, City Attorney
RE: Procedures for Annexation of Uninhabited* Property
DATE: June 12, 1998
PAGE: 3
protest, the proceeding is terminated.
B. If the annexation is not consented to by all owners of the subject land,
LAFCO will hold a noticed public hearing within 90 days of the issuance of the certificate
of filing. At the public hearing, the commission must receive any oral or written protests,
objections, or evidence and consider the staff report, service plan, and CEQA
documentation.
C. The commission may then approve, conditionally approve, or deny the
proposed annexation.
D. Any person or affected agency may file a written request for reconsideration
of the proposal. If the proposal is denied, no similar proposal may be made within one
year.
3. City proceedings as the conducting authority.
A. If the proposal is approved by LAFCO, the commission will designate the
conducting authority. This will likely be the City. Once the commission has adopted a
resolution approving the proposal, a copy of the resolution will be mailed to the
conducting authority. The conducting authority is responsible for boundary change
procedures after LAFCO has approved.
B. Notice of the public hearing must be mailed at least 15 days before the
hearing to LAFCO, the County, each affected district, and those requesting special notice.
When an annexation consists of 75 acres or less, notice must be sent to all landowners in
the affected territory.
C. At the conducting authority hearing, the LAFCO resolution is summarized
and the conducting authority hears and receives any oral or written protests. Within 30
days of the hearing, the conducting authority must determine the number of written
protests and adopt a resolution specifying its findings on the protests and stating its
decision on matters within its discretion. It may approve the annexation if 50% or fewer
landowners protest; if over 50% of the landowners protest, the proceeding is terminated.
TO: City Council, City Manager
FROM: Michael S. Riback, City Attorney
RE: Procedures for Annexation of Uninhabited* Property
DATE: June 12, 1998
PAGE: 4
4. Final Certification.
A. Immediately after adoption of a resolution ordering a boundary change, the
clerk of the conducting authority must transmit a certified copy of the resolution to the
LAFCO executive officer. The executive officer will examine the resolution to determine
whether it is in compliance with the commission's resolution. If it is not in compliance the
executive officer must specify in writing the points of noncompliance and return the
resolution to the conducting authority for modification.
B. If the conducting authority resolution is found to be in compliance, the
executive officer will execute a certificate of completion. The boundary change will be
complete form the date of execution of the certificate of completion and effective from the
date specified by the commission in its resolution approving the proposal, but in no case
shall the effective date be more than a year after the execution of the certificate of
completion.
Michael S. Riback
City Attorney
MSR:dsp
c: Community Development Director
J: \WPD\MNRSW\273 \0 I\MEMO\JUNE98ANNEX.J 12
06/12/98
Joan Pizzani
Director of Parks and Recreation
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Proposal
Preliminary Needs Assessment for
The Saratoga Community Center
A N D E R S O N B R U L E A R C H I T E C T S
Scope of Work Summary
Anderson Brule Architects will perform a preliminary assessment of needs for the Saratoga Community
Center and adjacent senior center and theater. This assessment will provide information needed to draft a
Request for Proposals for a Feasibility Study and Master Plan for the renovation, addition to and/or
rebuilding of these facilities.
To gather information on the needs for these facilities, ABA will conduct interviews with the following
groups: facilities management and staff, maintenance staff, contract program providers, facilities renters,
City Council, and city staff as appropriate.
ABA will provide a summary report and needs program including the following elements:
Brief narrative description of the existing facilities
List of existing uses and areas
Summary assessment of issues, needs, and desired uses
List of desired uses and areas needed to accommodate these uses
ABA will assist in drafting a Request for Proposals for a Feasibility Study and Master Plan.
Optional Services
To provide a more detailed understanding of the condition of the existing facilities the following services
are available:
Detailed architectural assessments of existing facilities.
Engineering assessments of existing facilities and equipment by structural, mechanical, or electrical
engineers.
Architecture, Interior Design Planning
Anderson Brule Architects Inc. 160 West Santa Clara Street, Suite 500 San Jose, California 95113
Tel: 408 298 1885 Fax• 408 99R 1RR7
Page 2 of 2
Project Area
The project area is located at 19655 Allendale Ave. in Saratoga, California, and includes the following
existing facilities: a community center, a senior center and a theater.
Fee
We propose to provide these services on a time and materials basis, with services and fee limited to a range
of $5,000 $10,000.
This proposal is valid for 30 days.'
1 will call to discuss this proposal with you in a few days. We look forward to beginning our work with
you, to provide an informed and effectively planned beginning for this exciting and important project.
Sincerely
ANDERSON BRULE ARCHITECTS
Pamela Anderson- Bru1e, AIA
President
CA4ituts- -eta;
F%31 11
A Non-Profit Dedicated to Youth Teens of Saratoga__
Parks Recreation Commission
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Kathy Weiner
Friends of Warner Hutton House
cc: Larry Pedin the City Council, Board of FWHH
July 11, 1998
Dear Parks Recreation Commission,
It is hard to believe that two years have passed since our Community Workshop. It is a pleasure to
see that there is momentum now towards Playfield Improvements, which was the second priority on
the Group Funding Priority List. The fourth priorfty was Teen Facilities. The purpose of this letter is
to discuss how the Parks Recreation Commission can work with the Friends of Warner Hutton
House to improve the City of Saratoga's teen facility The Warner Hutton House.
I am writing to you today as the President of the Board of the Friends of Wamer Hutton House. The
FWHH is dedicated to ensuring that youth and teens in the City of Saratoga will eventually have teen
programs that encourage personal, educational, and social development. The FWHH would like to
see the Wamer Hutton House become a supervised teen center that is available and accessible a
supervised haven for teens to socialize, study, and participate in a variety of activities.
The FWHH was established one year ago and we have leamed many things. The first is that
although we expected to be able to apply for significant grants to apply to the House, the fact is that
this is a long process. Secondly, most grants are aimed toward lower income areas and Saratoga
hardly qualifies. Thins, there are many small grants available but few that would allow us to fund a
major project. Fourth, fundraising events do not substantially add dollars to our budget.
The FWHH, with input from the Youth Commission and $5,000 from the Park Development Fund,
have developed plans to add an approximately 1,000 square feet study area to the second floor. The
expected costs are expected to be within a 370,000.$100,000 range. In discussing our options with
Larry Perlin, it became clear that this might be an opportunity to develop the second story with the
additional funds in the Park Development Fund. The FWHH would then put all of our efforts into
writing grants and fundraising efforts to provide the staffing, furniture, resource materials, computers,
etc. to ensure that when the building is complete, the teen facility, including an enhanced after school
program and an evening teen program, are ready to go.
Joan Pisani can share the initial architectural drawings with you. This is a great opportunity to get a
project started quickly and meet more of the objectives that were set by the community several years
ago.
Speaking for the Board of Directors of the Friends of Warner Hutton House, we look forward to
discussing this and are ready to move forward if you move to approve this request. I am sure that a
few of us would welcome the opportunity to meet with you at your next meeting. In the meantime,
you can contact me at 408-354-2029.
Regards,
Friends of blamer Hutton House, 13777 Fruitvale Avenue, Saratoga, CA 95070