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HomeMy WebLinkAbout02-04-1987 City Council Agenda packet'EXECUTIVE SUMMARY NO. /pZ,:;te5 AGENDA ITEM MEETING DATE: Fehrnary 4, 1987 ORIGINATING DEPT: Community Services SUBJECT: Recommended Motion: SARATOGA CITY COUNCIL CITY MGR. APPROVAL SASCC Request to Waive Fees for Special Fund Raising Event; Make Exception. to Community Center Six Month. Reservation Policy Provide staff with direction concerning Council's response to request. Report Summary: The Saratoga Area Senior Coordinating Council has requested use of the entire Community Center without charge for a fund raiser on the weekend of October 9 -11, 1987. To honor their request, Council would need to grant exception to the following two council approved policies concerning the use of the Community Center: a) All groups using the Center which are local non profit in nature shall at least pay for staff and cleanup, and only if no rental of the Center at full fees was requested by any other group 6 months prior to the event. b) In no event will the Community Center, or any part thereof, be reserved more than 6 months in advance of an event. The City has never made an exception to item b) above. Fiscal Impacts: Potential loss of between $750 and $1200 in rental fees if the Center was sought by another party desiring to rent the facility at the same time. Attachments: Report by Community Center Manager Motion and Vote: Waive building charge but not staff charge. Passed 5-0. pe Joan Pisani OTVW off 0 'n' o C 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Director of Community Services FROM: Recreation Superintendent SUBJECT: Senior Citizen Use of Community Center for Art Show DATE: 1/14/87 The Saratoga Area Senior Coordinating Council has requested use of the entire Community and Senior Center the weekend of October 9 11, 1987. They would like to utilize the Center for an art show. Profit from this event would go towards the cost of their proposed adult day care program. The Community Center Use Policy, adopted by the City Council September 1, 1984, states that reservations may not be made more than six months in advance of the date of use. Most Saturdays during the year are booked exactly six months to the day ahead of time. On the first eligible day several groups or individuals wait many hours before the Community Center office opens at 8:00 a.m. to insure the booking of their event. The Community Center has never set a weekend date for a program more than six months in advance. Staff always allows for the potential of weekend rental revenue and then sets their date and time. In October, 1986, the Community Center was rented 2 3 times per weekend. Each weekend revenue generated from rentals was between $750 $1200. Rental fees, along with class and program fees, are used to offset the operating expense of the Center. The Saratoga Area Senior Coordinating Council is asking that their rental fees for the weekend be waived. I would like some direction on this matter. EXECUTIVE SUMMARY NO. J0 2G�( b MEETING DATE: February 4, 1987 Fiscal Impacts: SARATOGA CITY COUNCIL ORIGINATING DEPT: Community Services SUBJECT: Recreation Class Contractor Advertising Policy Recommended Motion: Adopt policy as recommended in attached report from staff. No fiscal impact if recommendations are approved. AGENDA ITEM CITY MGR. APPROVAL dize' Report Summary: A recent letter on City stationery (sent without staff approval) promoting a class offered through the Community Center was brought to the Council's attention, resulting in direction to staff to propose a policy which would regulate such promotions on City letterhead. The attached set of recommenda- tions is in response to that request. Basically, flyers which appear to be from the Community Center would have to first be approved by staff. Any letter promoting a Community Center class or other special event could only be signed by a City staff member or Commissioner. In the past, the Community Center has prepared flyers and letters promoting some of its classes and special events. This practice has done a lot to increase public participa- tion in the Community Center activities, and generated additional revenue to the City. Attachments: 1. Proposed contractor advertising policy 2. Examples of letters and flyers used by the Community Center in the past to promote special events offered through the Center_ Motion and Vote: Permit flyers on "stationery that does not have City logo or Council names;. it should say "Saratoga Community Center" rather than .°City of Saratoga printed on the outside should appear "Neither printed nor posted at public.°Yexpense." (Consensus agreement.) f pe OTR7 ct Lnino an Pisani 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Community Services Director FROM: Recreation Superintendent SUBJECT: Policy Recommendation for Instructors Marketing the Community Center sponsored classes If you have any questions, please contact me. DATE: 1/27/87 Instructors contracted with the City of Saratoga to teach classes at the Community Center are encouraged to promote their programs. Listed below is a recommendation regarding this policy. (1) All publicity fliers or posters must be approved by the Recreation Supervisor or Recreation Superintendent. (2) If instructors wish to use City stationary for written correspondence, the letter must be signed by a City staff member or Commissioner. (3) If an instructor chooses to produce a flier or poster, he /she is responsible for the design and layout. (4) The Community Center is willing to make copies for a reasonalbe number of fliers for distribution by the instructor in the community. (5) All costs associated with a bulk mailing must be paid by the instructor and be stated as such in the letter or flier. ar e aloov Youth Classes HARVEST CRAFTS Use leaves, paper, feathers, dried grass more to create Fall crafts. For ages 2 -32 31-5. Friday, 9 :00 -10:30 a.m. 10:45 -12:15 p.m., Nov. 14. Fee: Resident $7 Non Resident $9 NATURE EXPLORERS Explore a new topic each meeting find the secrets in leaves, the wind, little critters, the weather more! A material fee of $3 is payable at the first class. Ages 54 -7, Tuesday 3:30 -5:00 p.m., Sept. 30 Nov. 4. Resident $22 Non -Res. $27 New Adult Classes APPLEWORKS PROGRAM PACKAGE This Apple 2E training course will introduce you to: word processing, electronic filing, data entry spreadsheets. Hands -on experience, free data disc handouts included. Meets Thurs. 7:00 -9:00 p.m. 9/25 10/23. Fee is $70 Resident and $88 for Non Residents GOLF CLINIC All skill levels are invited to this special Golf Clinic taught by Fred Shoemaker at Westside Golf on Saratoga /Sunnyvale Rd. Reduce frustration, tension fear of failure with this new approach to learning the fundamentals. A material fee of $3 per meeting is payable at the range for golf balls. Class meets Thursday 10:00 -11:00 a.m. 9/25- 10/30. Special rate for Res. $24, Non Resident $30. (Regular fees for these clinics are up to $100. Don't miss this special!) O a ss �lgier SOW iatt to be9�� ALL THESE AND MORE! SARATOGA COMMUNITY CENTER 867 -3438 EXT. 49 SHUTTLE, SPINDLE DYE POT Spin your own yarn from wool then use to weave! Class meets at Saratoga Community Gardens. A material fee of $5. is payable at the first meeting. Ages 7 -9 years, Thursday, 3:30 -5:30 p.m., Oct. 16 23. Fee: Resident $12 Non Resident $15 PRE SCHOOLERS HALLOWEEN PARTY A real old fashioned Halloween party with games, prizes, crafts food. Friday, Oct. 31, 9:00 10:30 a.m. for 2 -34 yrs. 10:45 a.m.,- 12:15 p.m. for 34-5 yrs. Fee is $7 Residents, $9 Non -Res. PERFECT PARTY PLANNING Perfect your holiday party planning with Shiela Rossen, owner operator of The Napkin Ring in Saratoga. You'll get tips on set -up, serving, clean -up, decoration averting the small disasters of a nervous host or hostess. Meets Tuesday, Oct. 28, 7:00 -9:00 p.m. Residents pay $9, Non Residents $11 BEG. CONVERSATIONAL SPANISH Join this for beginners or those who need a refresher We'll cover greetings, shopping, easy conversation more. Class meets Thurs., 7:00 -9:00 p.m. 9/25 11/13. Fee is $39 for Residents, $49 for Non Residents Classes will run for 5 consecutive Thursdays, from April 10 to May 8. Please call 867 -3438 for registration and information. 13777 FRUITVALE AVENUE SARATOGA. CALIFORNIA 95070 (408) 867 -3438 SARATOGA COMMUNITY CENTER 19655 Allendale Ave. TITLE: INTRODUCTION TO IBM —PC TITLE: IBM PFS Series PFS Write, File, Report and Graph COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Laden Fanelli Joyce Hlava David Moylss Fees: Residents $70.00 Non residents $88.00 DESCRIPTION: Students will be given a thorough introduction to the April 10 -May 8 terminology of the personal computer and will learn key computer 5.30 -7.30 pm. concepts, such as what is meant by hardware, software, DOS, disc formatting and storage, RAM and ROM, and networking. The course is intended as a first introduction to the IBM -PC for new users, providing a solid foundation for classes on computer software such as PFS Series, Display Write 3, Wordstar, Debase, Lotus, etc. No experience necessary. Please bring notebook and pen. DESCRIPTION: This IBM -PC training course is designed to give you the April 10 -May 8 skills• and tools to use word processing, electronic filing, tracking, 7 :45 -9 :45 pm. analyzing and reporting, and computer graphics in either the home or business environment. Students will be given a thorough intro to the terminology used in PFS, and handouts for at -home study. Free disks and manuals included. Please bring notebook and pen. Saratoga Community Centex HEARTSOUnDS START A HEART SAVE A LIFE C.P.R. AT THE SARATOGA COMMUNITY CENTER 19655 Allendale Ave., Saratoga APRIL 21 23 6:30 -9 :30 pm C.P.R. Certified! C.P.R. is a life saving skill that is an important part of the Emergency Medical System. HEARTSOUNDS Instructors, certified by the American Heart Assosiation, use lectures, audio visual presentations and manikan demonstrations to teach you the latest methods in C.P.R. If you have already been certified in the last 13 months you may be recertified on the first evening. To register please call 867 -3438 ext. 45, the Saratoga Community Center. Continuing Education Credits are available for medical and dental personnel. Fees: $29. for C.P.R. certification and $22.°° for re- certification. 11-01 all MI— -11111sEMNMIrMN rIN IMO INS WIN =MO M. -aer all NM OM— NMI use tare sr MAIL IN REGISTRATION FORM Earliest accepted postmark date Feb. 25, 1986 Name Phone Res. Bus. Address City and Zip Participant's Name Class Age Beg. Date Time Class Fee Make check payable to City of Saratoga. Mail check to 13777 Fruitvale Avenue, Saratoga, Ca., 95070 for mail in registration. Total Enclosed 1, MUM= cn iii! IIHilii m l PINOt MYSTERY DAY TRIP Let's go someplace (in the Bay Area) you've probably never been before, do something you haven't done in a long time, see and tour a place you haven't seen before and have lunch too; THIS IS FOR THE ADVENTURESOME::: Date: Friday, February 27, 1987 Bus Departs: 11:00am Bus Returns: At approximately 6 :15pm Cost: $31.00 Sign up at the Saratoga Community Center 19655 Allendale Ave., or mail a check to the Center at 13777 Fruitvale Ave, Saratoga, CA. 95070. There are no refunds, however, your space may be sold. The person buying your space will be responsible to notify our office and complete a health form in advance of the trip. Please park between the Goodwill truck and the Community Center. grgM SARATOGA COMMUNITY CENTER EXCURSIONS 867 -3438 ext 49 SARATOGA COMMUNITY CENTER EXCURSION 867 -3438 ext. 49 SUNDOWNER Join us for our Best Reno deal yet: We stay at the Sundowner Hotel in Reno, visit the Nugget, Western Village, Holiday and Boomtown and get $32.00 cash back. So sign up now and you'll be $10.00 ahead! Dates: Wednesday and Thursday, January 28 29, 1987 Bus Departs: Wednesday, January 28th at 7:OOam Bus Returns: Thursday, January 29th at approximately 9:30pm Cost: $22.00 per person, double occupancy, and $32.00 single occupancy Sign up: At the Community Center, 19655 Allendale Ave., or mail a check to the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA. 95070. There are no refunds on Community Center Excursions; however, you may sell your space upon notifying the office in advance. That person is responsible to bring a completed health form to the office in advance. Please park in the lot between the Goodwill truck and the Community Center. 'EXECUTIVE SUMMARY NO. /Ca MEETING DATE: February 4, 1987 ORIGINATING DEPT: City Manager Fiscal Impacts: Attachments: Motion and Vote: SARATOGA CITY COUNCIL AGENDA ITEM SUBJECT: Allocations for FY 1987/88 Housing and Community Development Act Funds CITY MGR. APPROVAL 1. Report to Council from Administrative Assistant 2. Supplemental Information and Drawings for Park Access Projects 3. Cover Page of Project Proposals As recommended on p. 2 of report. Passed 5 -0. Recommended Motion: 1. Close Public Hearing 2. Make allocations for $135,000 of FY 87/88 HCDA funds as determined Report Summary: The City Council is requested to allocate federal Housing and Community Development Act (HCDA) monies anticipated to be approximately $135,000 for 1987/88. Fifteen proposals totaling $220,500 were submitted for Council review. Staff is recommending funding of those projects that best carry out the primary objectives of the program and appear to be in the best interests of the City of Saratoga. This results in $50,000 allocated for public service activities, and $85,000 for removal of architectural barriers to the handicapped at various City buildings and parks. The City will receive an HCDA allocation of approximately $135,000 for project costs for 1987/88. p 4 41 44 4 4. rt UgUrT 04 0 °'aN o c� REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Allocation for FY 1987/88 Housing and Community Development Act Funds BACKGROUND ANALYSIS DATE: 1/30/87 COUNCIL MEETING: 2 4/87 RECOMMENDED MOTION 1. Close Public Hearing 2. Make allocations for $135,000 of FY 87/88 HCDA funds as determined On January 21, 1987, the City Council held a public hearing for the purpose of soliciting public comment on proposed uses of the 87/88 HCDA funds and discussion of eligible and ineligible projects. Fifteen proposals totalling $220,500 were reviewed. The public hearing was continued to February 4, 1987, at which time the Council is requested to make allocation recommendations to be submitted to the County. The past two years have brought significant cutbacks in federal funding of the HCDA program. While the number of outside agencies seeking funds has grown, the City's ability to respond to requests for CDBG funds continues to diminish. Therefore, the staff recom- mends funding those public service agencies which the City has chosen to support in the past at approximately the same levels as last year. We have been advised that a maximum of $50,000 (37% of our total allocation) for public service allocations will probably be accept- able as a component of the total County block grant. Final funding decisions will not be made at the County level until May. We are recommending allocating the remaining $85,000 for the program year to the various projects for City buildings and parks which would provide for the removal of architectural barriers to the handicapped. Allocations for FY 1987/88 HCDA Funds Page 2 Proposals recommended by staff for funding through the HCDA are thought to be those which best carry out the primary objectives of the program. These recommendations for FY 1987/88 HCDA funds are as follows: PUBLIC SERVICE (Outside Agency Requests) 1. Senior Coordinating Council 2. Senior Coordinating Council n.a. 3. Live Oak Adult Day Services 3,000 4. Transit Assist 4,000 5. Catholic Charities (Ombudsman) 2,000* Sub -total 39,055 Day Care 5/86 Al location from Revenue Sharing funds Al CHIT C RAL BARRIER REMOVAL (City of Saratoga r--777 GOVERNMENT BUILDING ACCESS 1. Installation of handrailing and additional flood light for wheelchair ramp at Library 2. Construction of wheelchair ramp at Historical Museum 3. Restroom accessibility modifications at Community Center 4. Automatic doors at Senior Center >;-"CITY PARK ACCESS plus project contingency Previous Funding (86/87) 1. Access bridge across creek at Wildwood Park .y 2. Handicapped accessible group picnic area at El Quito plus project contingency Sub -total TOTAL RECOMMENDED TO BE ALLOCATED: Amount Requested $30,055 $36,000 10,000 6,500 15,000 0 69,500 Projects) Recnded Amount Recommended $31,000 10,000 3,000 4,000 2,000 $50,000 Amount $2,000 5,000 10,000 6,000 5,000 40,000 12,000 5,000 $85,000 $135,000 0`,MW ©ff 0 '2 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Allocation for FY 1987/88 Housing and Community Development Act Funds RECOMMENDED MOTION 1. Close Public Hearing 2. Make allocations for $135,000 of FY 87/88 HCDA funds as determined ANALYSIS The past two years have brought significant cutbacks in federal funding of the HCDA program. While the number of outside agencies seeking funds has grown, the City's ability to respond to requests for CDBG funds continues to diminish. Therefore, the staff recom- mends funding those public service agencies which the City has chosen to support in the past at approximately the same levels as last year. DATE: 1/30/87 COUNCIL MEETING: 2/ 4/87 BACKGROUND On January 21, 1987, the City Council held a public hearing for the purpose of soliciting public comment on proposed uses of the 87/88 HCDA funds and discussion of eligible and ineligible projects. Fifteen proposals totalling $220,500 were reviewed. The public hearing was continued to February 4, 1987, at which time the Council is requested to make allocation recommendations to be submitted to the County. We have been advised that a maximum of $50,000 (37% of our total allocation) for public service allocations will probably be accept- able as a component of the total County block grant. Final funding decisions will not be made at the County level until May. We are recommending allocating the remaining $85,000 for the program year to the various projects for City buildings and parks which would provide for the removal of architectural barriers to the handicapped. Allocations for FY 1987/88 HCDA Funds Page 2 Proposals recommended by staff for funding through the HCDA are thought to be those which best carry out the primary objectives of the program. These recommendations for FY 1987/88 HCDA funds are as follows: PUBLIC SERVICE (Outside Agency Requests) Previous Funding (86/87) n.a. 3,000 4,000 2,000* 1. Installation of handrailing and additional flood light for wheelchair ramp at Library 2. Construction of wheelchair ramp at Historical Museum 3. Restroom accessibility modifications at Community Center 4. Automatic doors at Senior Center plus project contingency CITY PARK ACCESS 1. Access bridge across creek at Wildwood Park 2. Handicapped accessible group picnic area at El Quito plus project contingency Sub total TOTAL RECOMMENDED TO BE ALLOCATED: Amount Requested $30,055 $36,000 10,000 6,500 15,000 2,000 Amount Recommended $31,000 1. Senior Coordinating Council 2. Senior Coordinating Council Day Care 3. Live Oak Adult Day Services 4. Transit Assist 5. Catholic Charities (Ombudsman) Sub -total 39,055 69,500 *85/86 Allocation from Revenue Sharing funds ARCHITECTURAL BARRIER REMOVAL (City of Saratoga Projects) GOVERNMENT BUILDING ACCESS Recommended Amount $50,000 $2,000 5,000 10,000 6,000 5,000 40,000 12,000 10,000 3,000 4,000 2,000 5,000 $85,000 $135,000 Allocation for FY 1987/88 HCDA Funds Page 3 Following is a list of project proposals which were received in the citizen participation process for the 87/88 year, but are not being recommended for HCDA fundingi.at this time. The housing rehabilita- tion project requested by Social Advocates for Youth cannot be carried out under the City's SHARP activity because the home is a rental. Loan application would have to be made by the actual owner of the house. The group does intend to purchase the home, however, and the project remains eligible for consideration in this process. Proposals determined to be ineligible are ones which cannot be shown to primarily benefit those of low to moderate income which is a necessary requirement for these types of activities. Proposal Requested Amount Status Saratoga Community Gardens $16,800 Social Advocates for Youth 45,000 Enterprise of Santa Clara County 10,000 ineligible Boy Scouts Polaris District 4,500 ineligible Assisted listening system in variable ineligible public buildings Re- roofing of Historical Museum ineligible CONCLUSION Council is requested to review the project proposals which have been presented and make allocation recommendations which will then be submitted to the County for their approval of the use of these funds as part of the total block grant. Carolyn ing Administrative Assistant jm Wildwood Park The proposed access bridge at Wildwood Park would cross Saratoga Creek from Parking District #1 to Wildwood Park. An asphalt path would be constructed to join the bridge to existing paving within the park. One group picnic area within the park has previously been modified for handicapped accessibility, and provision of the foot- bridge and pathway would provide much easier access than the only current access off of Fourth Street. The "Woodtrail" model pedes- trian bridge appears to be the most suitable for this use. El Quito Park Attachment #2 A group picnic area of the type previously installed at Wildwood is proposed for El Quito. The attached drawing shows the proposed location on the Paseo Presada side of the park near the new rest rooms. Wheelchair accessible picnic tables are built with a longer overhang at one end to accommodate a wheelchair, and are at the appropriate height to be used with a wheelchair. -J :n... ter.,..r!'.. u„ BRIDGES Restroom Facilities Products' pedestrian bridges are ideal for parks, golf courses, plannecLdevelopmentszid_passage_ov heavily traveled highways. They feature the natural beauty and dura- bility of laminated wood structural members. For long life and low maintenance, all wood components have been pressure-treated. This pruvides resistance to decay and insects without im- pairing the wood's beauty. These bridges are available in three models, each in two different styles and a range of lengths and widths. All bridges can be easily modified to accommodate light vehicle traf- fic. The engineering data have been computerized and all three models use standardized shop drawings. This results in economical design and faster produc- tion time. They have been designed for easy installa- tion. Bridges up to 6' wide and 60' long are shipped assembled except for the handrails. Detailed drawings are included to facilitate installation. Select a pre-engineered, durable bridge that's easy to install. RESTROOM FACILITIES PRODUCTS A DIVISION OF INTEXX CORPORATION 630 East Plumb Lane Reno, Nevada 89502 1-800-231-2563 CRestroorn Facilities Products. 1986 WOODTRAIL-MODEL---- Available in 20' to 100' spans; 4', 6' and 8' widths; straight or curved design. CLUBHOUSE MODEL Available in 40' to 100'spans; 4', 6' and 8' widths; straight or curved design. LAKESIDE MODEL tu 1 4', 6' and 8' widths; straight or curved design. ��IGNIG TAFSL:j ;ANG..Tyo D Q „,cuLUS •y''.y. L- cam; Par k. iLl= trTrC��Q� J�� si APPLICANT ORGANIZATION City of Saratoga Community Development Block Grant Program ADDRESS 13777 Avenue -.E Saratoga, CA 95070 NAME /TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE NAME Saratoga Library Commission JAN 12 1987 Marilyn Kanemura, Commission Chairman 4 (408) 257 -7828 or (408)295- 8000,x35 between 8:30 -1:30 M -F PROJECT NAME Saratoga Community Library Safe Access Project DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 2000 PROJECT ABSTRACT (Limit statement to space provided.) To insure the safety of patrons using the wheelchair ramp and climbing the front steps of the library building, we recommend installation of handrails on the steps and along the ramp and installation of a floodlight at the corner of the building front above the wheelchair ramp (see attached drawing for suggested placement). encl.: 2 photos'�f front of library building drawing APPLICANT ORGANIZATION City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE NAME Saratoga Historical Foundation ADDRESS P. O: Box 172 Saratoga 95070 NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER Warren B. Heid, Member Board of. Trustees 867 -4311 PROJECT NAME Historical Museum Access DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 5,000 PROJECT ABSTRACT (Limit statement to space provided.) Construct ramp at north side of Historical Museum for handicapped access, utilizing side door as entrance. APPLICANT ORGANIZATION NAME City Staff ADDRESS NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE PROJECT NAME Community Center Senior Center Accessibility DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 16,000 PROJECT ABSTRACT (Limit statement to space provided.) Modifications to Community Center restrooms $10,000 Installation of automatic electronic door at entrance to Senior Center 6,000 1 APPLICANT ORGANIZATION NAME ADDRESS NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER PROJECT NAME City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE Parks Recreation Commission Access Bridge at Wildwood Park DOLLAR AMOUNT OF CDBG FUNDS REQUESTED $40,000 PROJECT ABSTRACT (Limit statement to space provided.) 60 to 80' x 4' wide footbridge across the creek to provide handicapped access from parking lot to Wildwood Park. 4 NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE APPLICANT ORGANIZATION NAME Parks Recreation Commission ADDRESS PROJECT NAME Group Picnic Area El Quito Park DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 12,000 PROJECT ABSTRACT (Limit statement to space provided.) Group picnic area including bar -b -ques and handicapped accessible picnic tables, to provide a gathering place for area seniors. 4 APPLICANT ORGANIZATION ADDRESS P. 0. Box 1011 City of Saratoga Community Development Block Grant Program Saratoga, CA 95070 Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE NAME Saratoga Area Senior Coordinatin7 Council NAME /TITLE OF PROPONENT Peggy Corr, President SIGNATURE TELEPHONE NUMBER (408) 867 -3438, Ext. 57 PROJECT NAME Saratoga _Senior= Center Program DOLLAR AMOUNT OF CDBG FUNDS REQUESTED $36,000, plus any unexpended balance of FY 1986 -87 PROJECT ABSTRACT (Limit statement to space provided.) Continued support of program for multi- service Senior Center fifth year of operations, with membership tripled since organiza- tion, and participation averaging 1;500 /month. Project proposal assumes total budget of 160,780 with 40% of operating revenue raised by SASCC. Increased variety of services and programs to meet community needs, without duplication of activities. 4 APPLICANT ORGANIZATION NAME ADDRESS P. 0. Box 3033 Saratoga, CA 95070 NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER PROJECT NAME City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE Saratoga Area Senior Coordinating Council Peggy Corr, President (40 867 3438, Ext. 57 Day dare for_ Elderly Saratoga DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 10,000.00 PROJECT ABSTRACT (Limit statement to space provided.) Twenty -five percent start -up funds to be supplemented by fees, fund- raising efforts, and grants from foundations (Total Budget for 1987 -88' to be $40,000). With present building expansion, anticipate day care' operation two days weekly in first year. Expenses needed- for_.s.uper visor, program assistant, kitchen.help, equipment, supplies, and adds tional insurance. Area day care facilities have waiting lists and demonstrated need exists for this expansion to serve Saratoga area. About 100 persons have been identified as able to use this service. APPLICANT ORGANIZATION LIVE OAK ADULT DAY SERVICES NAME ADDRESS 19 High School Court NAME /TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER PROJECT NAME City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE Los Gatos, California 95030 Leta Friedlander, Executive Director (408)354 -4782 LIVE OAK ADULT DAY SERVICES DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 6,500 J N12 19$7 PROJECT ABSTRACT (Limit statement to space provided.) LIVE OAK ADULT DAY SERVICES provides a specialized recreation program designed for frail elderly residents of the Saratoga /Los Gatos area, and adjacent communities. The targeted clientele is unable, due to the various disabilities of advanced age, to live independently, and are, therefore, excluded from participation in other programs for seniors. This agency provides the opportunity for involvement in an enriching, and stimulating program for.the frail participant, and respite for his /her caregiver. APPLICANT ORGANIZATION City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE NAME Transit Assist Joint Powers Agency ADDRESS 208 E. Main Street PROJECT NAME Los Gatos, CA. 95030 NAME /TITLE OF PROPONENT Lauren Gray /Transit Assist Manager A SIGNATURE TELEPHONE NUMBER (408) 395 -2010 Transit Assist, DOLLAR AMOUNT OF CDBG FUNDS REQUESTED 15,000.00 PROJECT ABSTRACT (Limit statement to space provided.) The Transit Assist program is a public, non profit, demand responsive paratransit service providing transportation to seniors and handicapped who are transportation deficient and reside within the sphere of influence of Los Gatos, Saratoga, and Monte Sereno. Eligible clients are provided transportation to Doctor's offices, medical /rehabilitation facilities, grocery stores, daycare center, schools, social events, banks /legal institutions, and bus stops for connection with other transportation services. 4 :.:January 21, 1987 The Honorable Mayor Joyce Hlava City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Mayor Hlava, I am writing to encourage the City's financial support of the Long Term Care Ombudsman Program of Santa Clara County. Although Saratoga withdrew funding for fiscal year 1986 -87, the Ombudsman Program has continued to provide free complaint investigation and advocacy to Saratoga's 322 elderly citizens living in the City's three nursing homes and two residential facilities for the elderly. The Program Director, Rita Baum, has advised me that staff and volunteers have been working steadily in Saratoga facilities to resolve serious problems and complaints. Saratoga nursing homes received two citations, an A and a B totaling $5,600. Residential facility violations totaled eleven in one facility and two in another. The Ombudsman Program helps keep the facilities accountable to the residents and the community for the quality of care they are providing. I am requesting that the City resume funding for fiscal year 1987 -88 at the previous level of $2,000. The Ombudsman Program's.1987 -88 proposed budget is $151,000, with $63,000 coming from eleven cities. I have enclosed a copy of the current citylfuriding.chart for information. Thank you for your past financial support and your encouragement of the Ombudsman Programs' services to Saratoga's frail elderly citizens living in nursing homes and board and care homes, and thank you for your consideration of this request. Very sincerely, mes M. Purcell, ACSW Executive Director 100 N. Winchester Blvd., Suite 262 Santa Clara, CA 95050 (408) 243 -3001 Santa Clara County PROGRAM OVERVIEW The Long Term Care Ombudsman. Program is mandated by Federal And State law to investigate and resolve complaints made by or on behalf of elderly residents in long term care facilities, relating to matters which may affect the health, safety, welfare, and rights of those residents. Ombudsmen advocate for residents' rights, and for improved quality of life and quality of care for .long term care residents, during their regular, unannounced, visits to facilities. Ombudsmen in the Santa Clara County Ombudsman Program are encouraged to spend a minimum of 2 hours per week in their assigned facility. There is no maximum number of hours. Ombudsmen volunteers in Santa Clara County undergo a State mandated training which is convened by the Program Coordinator. Certified Ombuds- men have the legal right of access to all long term care facilities in the county at any time deemed reasonable by the California State. Ombudsman (approximately 7 AM to 10 PM); Ombudsmen also have the right to visit privately with residents, and to review patient records under specified conditions. Residents who make a complaint to an Ombudsman have the right to remain anonymous. An Ombudsman may not, by Federal law, disclose the identity of a complainant without that person's express consent. Retaliation against any resident who exercises his or her right to voice complaints carries a potential fine of up to $10,000 under California law. Also under California law, interference with any lawful activity of the Ombudsman office (State or local) can carry a fine of up to $1,000. In Santa Clara County, the Ombudsman Program has been designated by the California Department of Aging, is funded by the Council on Aging, Cities, United Way, Catholic Charities, and is sponsored by Catholic Sectal==Servlce of Santa Clara County. 2175 The Alameda, San Jose, CA 95126, (408) 249 -3950 A Program of Catholic Social Service APPLICANT ORGANIZATION ADDRESS 509 St. NAME /TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER Painting. City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE NAME Social Advocates for Youth Mt. View, Ca. 94041 F. Paul Schutz, Executive Director (408) 253 -3540 PROJECT NAME Lifeskills Alternatives- Site II DOLLAR AMOUNT OF CDBG FUNDS REQUESTED $45,000 .re‹, 2 198? PROJECT ABSTRACT (Limit statement to space provided.) The purpose of this project is to rehabiliatate our Lifeskills Alternatives Program site at 13434 Ward Way, Saratoga. Rehabilitation would include remodeling bathrooms, kitchen, heating system, electrical system, roof, fencing, landscaping and PROJECT NAME City of Saratoga Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 P.O. Box 756 PROJECT PROPOSAL COVER PAGE APPLICANT ORGANIZATION NAME The Saratoga Community Garden ADDRESS 14500 Fruitvale Ave. Saratoga, CA 95071 NAME /TITLE OF PROPONENT Marianne Swan, Chairperson SIGNATURE 1 a ki 1.7 1t a TELEPHONE NUMBER (408) 741 22 Staff Housing Project DOLLAR AMOUNT OF CDBG FUNDS REQUESTED $16,800 PROJECT ABSTRACT (Limit statement to space provided.) The goal of this project is to .provide readily available, stable housing for the low paid staff and non -paid ap! entices of The Saratoga Community Garden. This would help ensure continuity and adequacy of staff for The Saratoga Community Garden and its programs. 4 a. •°c 1. .4 City of Saratoga JAN 12 29�� Community Development Block Grant Program Thirteenth Program Year FY 1987 -1988 PROJECT PROPOSAL COVER PAGE APPLICANT ORGANIZATION NAME Enterprise for High School Students of Santa Clara County, Inc. ADDRESS 4436 Piper Drive. San Jose. CA 95129 NAME/TITLE OF PROPONENT Karen Sorensen Lang, Executive Director SIGNATURE TELEPHONE NUMBER (408) 446 5644 PROJECT NAME Enterprise Job Referral DOLLAR AMOUNT OF CDBG FUNDS REQUESTED $10.000 PROJECT ABSTRACT (Limit statement to space provided.) Enterprise is a job referral and career development service for high school students, operating in Saratoga since April 1985. With the assistance of a cadre of volunteers, Enterprise has trained 136 students in .lob search skills and assisted approximately 80 percent of them find employment in one or more of the 260 Enterprise jobs or through other resources. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ic;2<, F MEETING DATE: February 4, 1987 ORIGINATING DEPT: Planning Department SUBJECT: Fencing Regulations Recommended Motion:Introduction and adoption of amendment to zoning ordinance consolidating and revising the regulations pertaining to fences, walls and hedges. Report Summary: The proposed ordinance is described in the memorandum from the City Attorney to the Planning Commission dated December 15, 1986. At its regular meeting on January 14, 1987, the Commission voted unanimously to recommend adoption of the ordinance by the City Council. Two minor changes were made in the ordinance at the time it was considered by the Planning Commission. The original draft provided that no retaining wall on a site within the HC -RD or NHR district shall exceed five feet in height. At the suggestion of the Planning staff and the City Attorney, this restriction was made applicable to any hillside lot (i.e. a lot having an average slope in excess of 10 regardless of the particular zoning district in which such lot may be located. The second change was a slight modification of the language contained in subsection 15- 29.040(a) to clearly distinguish between a fence which faces the scenic highway as opposed to a fence running perpendicular to such highway. Fiscal Impacts: None. Attachments: Motion and Vote: (a) Memorandum from City Attorney to Planning Commission dated December 15, 1986. (b) Proposed ordinance. (c) Minutes of Planning Commission meeting on January 14, 1987. (d) Negative declaration. Approved Neg. Dec. and introduced ordinance 5 -0. AGENDA ITEM CITY MGR. APPROVAL 5' PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK ROBERT J. SMITH STEVEN G. BAIRD NICHOLAS C. FEDELI, JR. ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P 0. BOX 279 MOUNTAIN VIEW, CALIFORNIA 04042 14151 967 -6941 MEMORANDUM TO: Saratoga Planning Commission FROM: Harold S. Toppel, Saratoga City Attorney RE: Amendment to Zoning Regulations Concerning Fences DATE: December 15, 1986 J M. ATKINSON, 11892 -19621 L. M. FARASYN, (1915-19791 The proposed ordinance will consolidate into a single article all of the zoning regulations pertaining to fences, walls and hedges. Certain changes to the existing regulations have been made and various new regulations have been added, as hereinafter described. The basic features of the ordinance are as follows: (a) General Comments. All of the regulations concerning fences, walls and hedges, as separately stated in Sections 15- 11.120 (A district), 15- 12.120 (R -1 districts), 15- 13.120 (HC -RD district), 15- 14.130 (NHR district), 15- 17.120 (R -M districts), 15- 18.100 (P -A district), 15- 19.130 (C districts) and 15- 20.100 (M district), have now been consolidated into a new Article 15 -29 entitled "Fences, Walls and Hedges." A copy of the existing regulations is attached hereto for your reference. Section 1 through Section 8 of the proposed ordinance substitute a cross reference to the new Article 15 -29 in place of these regulations, and Section 9 of the proposed ordinance adds a similar cross reference to the newly adopted Article 15 -21 relating to the MU -PD zoning district. The new article is set forth in Section 10 of the proposed ordinance, beginning on page 2. (b) Comments on New Article 15 -29. (1) Section 15- 29.010 Height Restrictions. Paragraph (a) of this section preserves the standard six foot height limitation applicable to most fences and walls. Paragraph (b) establishes a special height limit of three feet with respect to a fence or wall located within a required front yard or within a required exterior side yard of a reversed corner lot. A three foot height limit already applies to front yard fences in the P -A, C and M zoning districts. Consequently, the height limit would represent a new regulation only with respect to the agricultural and residential zoning districts (A, R -1, HC -RD, NHR and R -M). A lawfully constructed fence in existence as of the date the new ordinance is adopted would be grandfathered and allowed to remain, unless such fence constitutes a safety hazard. The nonconforming fence could not be replaced if more than one -half of its length is destroyed or removed. Paragraph (c) of this section represents an existing rule applied to fences, walls and hedges located within 50 feet from a street intersection. Paragraph (d) cross references the special rules applicable to fencing around recreational courts, as set forth in Subsection 15- 80.030(c) of the Zoning Ordinance. In this particular instance, I felt it was preferable to keep all of the regulations concerning recreational courts consolidated within Section 15- 80.030, as opposed to separating out the fencing rules for recreational courts by including the same in the new Article 15 -29. Paragraph (e) relating to pilasters and paragraph (f) relating to light fixtures have recently been adopted as paragraphs (b) and (c) of Section 15- 80.020. These provisions have now been transplanted, without change, into the new Article 15 -29 and the existing provisions in Section 15- 80.020 have been deleted (see Section 11 of the proposed ordinance). (2) Section 15- 29.020 Fencing within hillside districts. Most of the regulations set forth in this Section currently exist with respect to the NHR zoning district. The new ordinance will extend these regulations to the HC -RD district as well. Paragraph (a) of this section has been slightly reworded by substituting "solid" in place of "opaque," and clarifying such word as meaning a fence or wall having no openings to permit visibility through the same. The Commission may wish to consider whether this regulation ought to be retained at all or whether it should be modified to permit a solid fence in excess of 60 feet in length if it is adequately screened from public view. existing regulations. Paragraphs (b) and (c) of this section have not changed the Paragraph (d), relating to the area of enclosure, reflects the policy directive from the Planning Commission when this subject was discussed at your study session on October 14, 1986. There is some history concerning this regulation which ought to be noted for the benefit of the new commissioners. The prohibition against fencing an area in excess of 4,000 square feet was originally contained in the regulations applicable to the HC -RD zoning district, as set forth in the old City' Code. This regulation was deleted from the new City Code adopted in January 1986. In April of 1986, the Planning Commission directed staff to restore the regulation and a proposed ordinance to accomplish this result was approved by the Commission and recommended to the City Council for adoption. However, the proposed regulation was rejected by the Council and deleted from the ordinance. The Councilmembers felt that instead of regulating the total area of enclosure, the ordinance should focus on the nature of the fence (i.e. solid vs. open) and its visual impact upon adjacent properties and public rights of way. It was also noted that a limitation of 4,000 square feet would not allow the keeping of horses on a site since the minimum area for a horse is one acre and such area must be enclosed by a fence. The proposed ordinance will not fully reconcile the differing positions taken by the Planning Commission and the City Council. The language is essentially the same as the prior ordinance rejected by the Council. However, a new exemption has been added for fencing around recreational courts and fencing which constitutes part of a corral. It should also be noted that a fence may still enclose an -2- area in excess of 4,000 square feet if approved by the Planning Director, based upon either one of the findings set forth in the ordinance. Paragraph (e) of this section is an existing regulation which now applies only to the NHR zoning district. (3) Section 15- 29.030 Fencing to mitigate noise from certain arterial streets. This section is identical to the provision which is now set forth in Subsection 15- 12.120(c). (4) Section 15- 29.040 Fencing adjacent to scenic highways. This section is entirely new. Paragraph (a) will require the issuance of a permit for any fence constructed within 100 feet from a scenic highway. Paragraph (b) establishes a minimum setback of 15 feet which applies in all cases. The Planning Director has authority to require this setback to be increased up to 100 feet if necessary to preserve the scenic qualities of the highway. Paragraph (c) specifies the type of construction materials which can be utilized and also gives the Planning Director authority to approve the design, color and materials of the fence. Paragraph (d) establishes the requirement for landscape screening and a landscape maintenance agreement, similar to the provisions for fencing to mitigate noise from certain arterial streets. Paragraph (e) of this section would allow a fence up to 8 feet in height to mitigate noise from the scenic highway, where the Planning Director determines that special circumstances exist. The critical language in this paragraph is the phrase "greater noise impacts from the scenic highway as compared generally with other properties located adjacent to such highway." In other words, the presumption is that everyone residing adjacent to the scenic highway suffers some degree of noise impact. Consequently, the applicant must demonstrate to the satisfaction of the Planning Director that there are circumstances unique to his property which causes him to suffer a greater noise impact than generally experienced by other persons residing adjacent to the highway. For example, a special circumstance might exist where the highway is located uphill from the property such that an 8 foot fence would have the appearance of a 6 foot fence as seen from the highway. As a condition for approval of the increased height, the Planning Director has authority to require additional setbacks and landscaping as mitigation measures. Paragraph (f) of this section would exempt any lawfully constructed fence in existence as of the date this ordinance is adopted, unless the fence constitutes a safety hazard. The nonconforming fence could not be replaced if more than half of its length is destroyed or removed. (5) Section 15- 29.050 Barbed wire prohibited. This section is new and reflects the directive from the Planning Commission at your study session on October 14, 1986. Section 11 of the proposed ordinance, as indicated above, deletes the provisions in Section 15- 80.020 concerning pilasters and light fixtures, which are now contained in the new Article 15 -29. Section 12 of the proposed ordinance merely substitutes a reference to Article 15 -29 in Section 15- 95.030, which designates various -3- violations of' the Zoning Ordinance as constituting infraction offenses rather than misdemeanor offenses. A copy of this section i a .o attached hereto. Toppe Saratoga City Attorney 0t A v-iCAural IiS-11ric-1-- 515- 11.120 Fences, walls and hedges (a) Except as otherwise specified in this Section, no fence or wall located within any required yard shall exceed six feet in height; provided however, this restriction shall not apply to fencing for recreational courts. (b) An operation not conducted within a completely enclosed structure or the open storage of produce, materials or equipment, when found by the Planning Commission to be unsightly or potentially hazardous, shall be screened by a solid f ence, wall or compact evergreen hedge not less than six feet in height. (c) No fence, wall or hedge located within fifty feet from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. )1 t oo' R 1= 1 S'v)e I YaiJy 1 �ES idun7ia� iS�ric75 S15-12.120 Fences, walls and hedges 1\)4 O (a) Except as otherwise specified in this Section, no fence or wall located within any required yard shall exceed six feet in height; provided, however, this I5 C�,1 restriction shall not apply to fencing for recreational courts. Ca> (b) No fence, wall or hedge located within fifty feet from a street intersection, as measured from intersecting curb lines or intersecting edges of the 1 00 street pavement where no curb exists, shall exceed three feet in height above the `C•• a+ established grade of the adjoining street. L (c) For the purpose of noise mitigation, a fence exceeding six feet in height may be located within any required yard abutting Prospect Road, Saratoga /Sunnyvale Road, Quito Road, Saratoga Avenue, or Cox Avenue, upon the issuance by the Planning Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side yard or rear yard abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height of ten feet if the fence is still located within a required yard. (2) Where the fence is located within a front yard abutting one of the arterial streets specified herein, the fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the required yard. (3) Where a street line is located within a site, the location and setback of the fence as specified in subparagraphs (1) and (2) above shall be determined by the street line rather than the property line. (4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Planning Director. All or any portion of such area may be located 0 61A) p30 R -1 s�'v' c+s crv+ leg within the public right -of -way, subject to approval by the Planning Director. The landscaped area required herein shall be not less than five feet in width, except that where the available space between the fence and the interior edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the Planning Director may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (5) The design of the fence shall be subject to approval by the Planning Director, based upon a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring properties. (6) No permit shall be issued if the Planning Director finds that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or welfare. Applications for a fence permit hereunder shall be filed with the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. HC -RD dIsje Csev-vaq-iovt, Rea I 1J I'S+VqC-/- S15- 13.120 Fences, walls and hedges (a) Except as otherwise specified in this Section, no fence or wall located within any required yard shall exceed six feet in height; provided, however, this restriction shall not apply to fencing for recreational courts. (b) No fence, wall or hedge located within fifty feet from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. N N R vgwes+ervt. Hi I !sies 12esieleA';a �IS�V'iC� S15- 14.130 Fences, walls and hedges (a) Except as otherwise specified in this Section, no fence or wall located within any required yard shall exceed six feet in height; provided, however, this restriction shall not apply to fencing for recreational courts. (b) No fence or wall located within fifty feet from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (c) No fence or wall located within a required front and shall exceed three feet in height. 3 foe+ IiY4 V►eu) arrlieS O a ll 1 4 v'M y a►-ds a%Ad, ex *erian s; J v�� e yas o-E ■Cever,Q Corwr e �o �'s_ (d) When permitted, opaque fences and walls, except retaining walls, shall not have a length exceeding sixty feet, as viewed from any street or adjacent property. y (e) Chain link fencing shall be permitted only for recreational courts. (f) The maximum height of a retaining wall shall be five feet and the maximum height of planted cribbing shall be eight feet. Parallel vertical walls or cribbing shall be separated by a horizontal distance of not less than five feet. (g) Where two or more fences or walls adjoining a structure, recreational court, terrace, swimming pool, or corral are approximately parallel to each other and separated by a horizontal distance of thirty feet or less, the combined height of such fences or walls shall not exceed ten feet. S15- 17.120 Fences, walls and hedges N O A) (a) Except as otherwise specified in this Section, no fence or wall located MO within any required yard shall exceed six feet in height; provided, however, this i restriction shall not apply to fencing for recreational courts. (.0,i) (b) No fence, wall or hedge located within fifty feet from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the a NOU) established grade of the adjoining street. ts_ aci 016 (c) R es i oeu I'a I lliS �ri'c�s S15- 18.100 Screening, landscaping and fencing (a) Where a P -A site is adjacent to an A, R -1, HC -RD, NHR or R -M district, a solid wall or fence, vine covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front yard, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. (b) Not less than ten feet of the required front yard shall be landscaped and permanently maintained. (c) No fence or wall shall exceed six feet in height if located in a required 1 \161,A) side or rear yard, or three feet in height if located in a required front yard. (0,) 6 Yr) P -A �a�esswa l a AI )401w iA is-I-vka4-1(ve JJo 'cp.) (dt-) C C�vwevc) S15- 19.130 Screening, landscaping and fencing (a) In a C -N district, an area not less than five feet in depth, and in a C -V district, an area not less than ten feet in depth, along all property lines that abut a street shall be landscaped with plant materials and /or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner. (b) Where a site in any C district is adjacent to an A, R -1, HC -RD, NHR, R -M or P -A district, a solid wall or fence, vine covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front yard, and an area five feet, in depth adjoining such property line in a C -N or C -C district, and an area ten feet in depth adjoining such property line in a C -V district, shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (c) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height, subject to the following exceptions: (1) Christmas tree and pumpkin sales lots. (2) Gasoline service stations. (3) Nurseries and garden supply stores. (4) Parking lots and loading areas incidental to permitted uses or conditional uses. (d) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence, vine covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge. (e) No fence or wall shall exceed six feet in height if located in a required side or rear yard, or three feet in height if located in a required front yard. d vsfv‘i iS+V`I`C r S15- 20.100 Screening, landscaping and fencing (a) Where a site in the M district is adjacent to an A, R -1, R -M or P -A district, a solid wall or fence, vine covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front yard, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (b) A use not conducted entirely within a completely enclosed structure, on a site directly across a street or alley from an A, R -1, R -M or -P -A district shall be screened by a solid wall or fence, vine covered fence or compact evergreen hedge not less than six feet in height if found by the Planning Commission to be unsightly. (c) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence, vine covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge. (d) Not less than ten feet of any required yard abutting a street shall be landscaped and permanently maintained. (e) No fence or wall shall exceed six feet in height, if located in a required )40 side or rear yard, or three feet in height if located in a required front yard. V ��(oVCewieHf S15- 35.030 Violations as constituting misdemeanor or infraction offense; penalties (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance subject to the penalties as prescribed in Chapter 3 of this Code, unless such violation is designated in Paragraph (b) of this Section as an infraction offense. (b) The violation of any of the following regulations contained in this Chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code: (1) Regulations concerning fences, walls and hedges, as set forth in Scctionn 15 11.120, 15 12.1-26-, IS 13.128, 1-6 14.1 2,49 ten6 15 17.120. (2) Regulations concerning the keeping of horses and animals, as set forth in Subsections 15- 11.020(f) and (h), 15- 12.020(e) and (g), 15- 13.020(e) and (g), 15- 14.030(e) and (g), and 15- 14.040(g). (3) Regulations concerning the storage of personal property and materials, as set forth in Sections 15- 12.160, 15- 13.160, 15- 14.170, 15- 17.160 and 15- 80.060. (4) Regulations concerning signs, as set forth in Article 15 -30. (5) Regulations concerning home occupations, as set forth in Article 15 -40. (6) Regulations concerning trees, as set forth in Article 15 -50, and subject to the additional penalties as prescibed in Section 15- 50.110. (7) Regulations concerning accessory uses and structures, as set forth in Section 15- 80.030. (8) Regulations concerning satellite dish antennas, as set forth in Section 15- 80.080. (9) Regulations concerning construction trailers, as set forth in Section 15- 80.100. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING AND CONSOLIDATING THE REGULATIONS PERTAINING TO FENCES, WALLS AND HEDGES AS CONTAINED IN CHAPTER 15 OF THE CITY CODE The City Council of the City of Saratoga hereby ordains as follows: utn etr�iwivtg 11A ke41. view o t" tre v i`sed, lavt vale A Ivd'i'c '3es OwiSflot SECTION 1: Section 15- 11.120 in Article 15 -11 of the City Code is amended to read as follows: "S15- 11.120 Screening and fencing A (a) An operation not conducted within a completely enclosed structure or the open storage of produce, materials 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." SECTION 2: Section 15- 12.120 in Article 15 -12 of the City Code is amended to read as follows: "S15- 12.120 Fences, walls and hedges F ences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 3: Section 15- 13.120 in Article 15 -13 of the City Code is amended to read as follows: "S15-13.120 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 4: Section 15- 14.130 in Article 15 -14 of the City Code is amended to read as follows: "S 15- 14.130 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." Rev. 1/14/87 -1- SECTION 5: Section 15- 17.120 in Article 15-17 of the City Code is amended to read as follows: "S15-17.120 Fences, walls and hedges A Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 6: Paragraph (c) of Section 15- 18.100 in Article 15 -18 of the City Code is amended to read as follows: "(c) Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 7: Paragraph (e) of Section 15- 19.130 in Article 15 -19 of the City Code is amended to read as follows: "(e) Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 8: Paragraph (e) of Section 15- 20.100 in Article 15 -20 of the City Code is amended to read as follows: "(e) Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 9: A new Section 15- 21.095 is added to Article 15 -21 of the City Code, to read as follows: "S15-21.095 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 10: A new Article 15 -29, entitled, "Fences, walls and hedges," is added to Chapter 15 of the City Code, to read as follows: "ARTICLE 15 -29 FENCES, WALLS AND HEDGES Sections: 15- 29.010 Height restrictions 15- 29.020 Fencing within hillside districts 15- 29.030 Fencing to mitigate noise from certain arterial streets 15- 29.040 Fencing adjacent to scenic highways 15- 29.050 Barbed wire prohibited Rev. 1/14/87 -2- ?ev`°''Sly (g) a�'�� in height. kAC70 74v4 atS §15 29.020 S15- 29.010 Height restrictions (a) General regulation. Except as otherwise specified in this Article, no fence or wall located within any required yard shall exceed six feet in height. (b) Front yards and exterior side yards of reversed corner lots. No fence or wall located within any required front yard or within any required exterior side yard of a reversed corner lot shall exceed three feet in height; provided, however, this restriction shall not apply to a fence or wall lawfully constructed prior to [date of adoption] if such fence or wall does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; and provided further, that upon the destruction or removal of more than one -half of the length of such nonconforming fence or wall, any replacement fence or wall shall comply with the restriction specified in this Paragraph. (c) Street intersections. No fence, wall or compact hedge located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Subsection 15- 80.030(c) of this Chapter. (e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters. (f) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. Retaining walls. No retaining wall on a hillside lot shall exceed five feet Fencing within hillside districts In addition to the regulations set forth in Section 15- 29.010 of this Article, fences and walls located within an HC -RD or NHR district shall comply with the following regulations: (a) Length of solid fences and walls. Solid fences and walls, having no openings to permit visibility through the same, shall not have a length exceeding sixty feet, as viewed from any street or adjacent property. This restriction shall not apply to retaining walls. (b) Parallel fences and walls Parallel fences and walls shall be separated by a horizontal distance of not less than five feet. Where two or more fences or walls Rev. 1/14/87 -3- are approximately parallel to each other and separated by a horizontal distance of thirty feet or less, the combined height of such fences or walls shall not exceed ten feet. (c) Area of enclosure. Except for fencing around recreational courts and fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of four thousand square feet (excluding the area of any pool) unless approved by the Planning Director, which approval may be granted if either of the following findings are made: (1) The visibility of the fence from public streets and adjacent properties will be substantially reduced by the topography, landscaping or other features of the site; or (2) The fence is required for safety reasons. Where, under the terms of any recorded covenants, conditions and restrictions applicable to the site, fencing in excess of four thousand square feet cannot be installed without prior approval by the City, the Planning Director shall be authorized to grant such approval if he is able to make either of the findings set forth above. (d) Chain link fences. Chain link fencing shall be permitted only for recreational courts. S15 29.030 Fencing to mitigate noise from certain arterial streets (a) For the purpose of noise mitigation, a fence exceeding six feet in height may be located within any required yard abutting Prospect Road, Saratoga /Sunnyvale Road, Quito Road, Saratoga Avenue or Cox Avenue, upon the issuance by the Planning Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side yard or rear yard abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height of ten feet if the fence is still located within a required yard. (2) Where the fence is located within a front yard abutting one of the arterial streets specified herein, the fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the required yard. (3) Where a street line is located within a site, the location and setback of the fence as specified in subparagraphs (1) and (2) above shall be determined by the street line rather than the property line. Rev. 1/14/87 -4-- S15-29.040 (4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Planning Director. All or any portion of such area may be located within the public right -of -way, subject to approval by the Planning Director. The landscaped area required herein shall be not less than five feet in width, except that where the available space between the fence and the interior edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the Planning Director may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (5) The design of the fence shall be subject to approval by the Planning Director, based upon a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring properties. (6) No permit shall be issued if the Planning Director finds that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or welfare. (b) Applications for a fence permit under this Section shall be filed with the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. Fencing adjacent to scenic highways In addition to the regulations set forth in Section 15- 29.010 of this Article, fences adjacent to State designated scenic highways shall comply with the following requirements: (a) Fence permit. No person shall construct any fence or wall which faces and is located within one hundred feet from the right -of -way of a State designated scenic highway without first obtaining a fence permit from the Planning Director. Application for such permit shall be submitted to the Planning Director on such form as he shall prescribe and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. (b) Setback. No fence or wall shall be constructed within fifteen feet from the property line abutting the right -of -way of' a scenic highway. The Planning Director may require this minimum setback to be increased to a maximum of one hundred feet if he determines that such increased setback is necessary to preserve the scenic qualities of the highway. (c) Color material and design. Fences or walls adjacent to scenic highways may be constructed of wood, stone, stucco. masonry, wrought iron or similar material, but no chain link, plastic or wire fencing shall be permitted. The design, color and materials of the fence or wall shall be subject to approval by the Planning Rev. 1/14/87 -5- Director, based upon a finding that the fence or wall will not adversely affect the scenic qualities of the highway and will be compatible with the natural terrain. (d) Landscape screening. The applicant shall landscape and permanently maintain an area parallel to and along the entire length of the exterior side of the fence or wall facing the scenic highway, in accordance with a landscape plan approved by the Planning Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area, fast growing, and require little or no maintenance. The Planning Director shall not approve the landscape plan unless he finds that the proposed landscaping will effectively screen the fence from public view and enhance the visual appearance of the scenic highway. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (e) Height. The height of any fence or wall adjacent to a scenic highway shall comply with the regulations set forth in Section 15- 29.010 of this Article; provided, however. where the applicant demonstrates to the satisfaction of the Planning Director that his property is subjected to greater noise impacts from the scenic highway as compared generally with other properties located adjacent to such highway, the Planning Director may approve a fence or wall not exceeding eight feet in height. As a condition of such approval, the Planning Director may require increased setbacks and landscaping to mitigate the visual impact of the higher fence or wall. (f) Exemption. This Section shall not apply to a fence lawfully constructed prior to [date of adoption], if such fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; and provided further, that upon the destruction or removal of more than one -half of the length of such nonconforming fence, any replacement fence shall comply with the permit requirement and restrictions specified in. this Section. S15- 29.050 Barbed wire prohibited No fence or wall constructed or installed within the City shall contain barbed wire." SECTION 11: Paragraphs (b) and (c) of Section 15-80.020 in Article 15 -80 of the City Code are deleted. 'Re p i Iasfers av I I�AT f TX +V v es. Mow Cewka iv1 eJ i v► IS- p.0 I0 (e) a v t (f) SECTION 12: Subparagraph (b)(1) of Section 15- 95.030 in Article 15 -95 of the City Code is amended to read as follows: "(1) Regulations concerning fences, walls and hedges, as set forth in Article 15 -29." SECTION 13: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions Rev. 1/14/87 -6- of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences. clauses or phrases may be held invalid or unconstitutional. SECTION 14: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK Rev. 1/14/87 -7- MAYOR l PLANNING COMMISSION MEETING JANUARY 14, 1987 PUBLIC HEARINGS Continued Page 9 Commissioner Tucker questioned signs almost two and one half times allow= .-.ize and the excess of signs. She noted there presently existed address signs with spac,. "or identification of companies. There are only four buildings; it should be easy to give ctions to clients. She noted concern that if this Application was approved, signage w' requested by others. Commissioner Hams concurred and noted the commercial flavo +f the signs. In response to Chairwoman Burger's question, City Attorney Toppel stated t the "Owens Sign Regulation," quoted by Commissioner Tucker, was in fac City Code provision giving the Commission authority to modify any P -A sign regulati for multiple buildings. There was no uniform program since occupancy was unknown 'the time; the City made no agreements. Commissioner Pines commented that the proje and landscaping were well designed and noted a problem in leasing large buildings; such t ants wish company identity. He acknowledged size of the signs, however, the proposed :gns were well designed. He stated he would be flexible, allowing signs as proposed s' 'e they provided identity to corporate tenants and were well designed. Commissioner Tuc responded this was a P -A area, not commercial area and noted that the number of signs w currently four over the allowed amount. The Applicant now requests an additional ei t signs, which is excessive. Planner Caldwell noted hange in the Resolution, 3, add the word "each" to read, "Total area of each monument si ='shall not exceed 15 sq.ft." SIEGFRIED/P I S MOVED TO APPROVE UP -86 -006 SUBJECT TO CONDMONS AS AMENDED PPROVING OPTION 1. Split vote, 3 -3, Commissioners Harris, Guch and Tucker o r sed. The ty Attorney reviewed options available to the Applicant; Mr. Douglas asked that the A 'cation be Continued to January 28, 1987, Planning Commission Meeting when the full ommission would be in attendance. 14. AZO- 86-006 Consideration of an amendment to the Zoning Ordinance to add Article 15 -29, pertaining to fences, walls and hedges. Essentially, the proposed amendment consolidates the various regulations into one section of the City Code and adds requirements for fencing along the scenic highway to allow a minimum 15 ft. setback with appropriate landscaping A Negative Declaration has been prepared for the project. The City Attorney stated that this Application is a proposed amendment to the Zoning Ordinance. He called attention to the Memorandum of December 15, 1986, and suggested the following changes: On "Fencing in the hillside districts;" he suggested that the rule in the NHR of no retaining walls having a height in excess of 5 ft., be removed from the above section and placed in the regulations applicable to retaining walls on any hillside lot. The purpose was to avoid excessive grading and prevent visibility of retaining walls on hillside property. This is an appropriate rule to apply to any hillside lot, i.e., any lot with a slope in excess of 10 Prohibition against electrified fences. With regard to issues for consideration by the Planning Commission, he stated that most regulations were currently in effect; this proposal was a reorganization. He called attention to the Memorandum, "Fencing in the Hillsides," the restriction of no more that 60 ft. in length of solid fencing and the issue of enclosure of areas within the hillside districts; he stated that he attempted to strike a compromise in the Ordinance by an exclusion of fencing of a corral, or fencing around recreational courts. He noted a difference of opinion between the City Council and the Planning Commission on this issue. The Section "Fencing adjacent to scenic highways" was new, creating an area of jurisdiction 100 ft. within the scenic highway; any fencing within this area now requires a review. With respect to "Fencing to mitigate noise from certain arterial streets," applicants must demonstrate unique situation to their property. In response to Commissioner Pines' question, Mr. Toppel stated that as long as a fence does not exceed 6 ft. in height, no permit required; perhaps through publication of notice and written notice to individual property owners adjacent to scenic highways, there will be adequate information on the new regulation if approved. PLANNING COMMISSION MEETING Page 10 JANUARY 14, 1987 PUBLIC HEARINGS Continued The Public Hearing was opened at 10:50 P.M. Mr. Berry Aberzini, 20280 Saratoga -Los Gatos Rd., Saratoga, recommended the Planning Commission vote in favor of the proposed item. He stated that he needed a 6 ft. wall due to noise abatement. SIEGFRIED/PINES MOVED TO CLOSE THE PUBLIC HEARING AT 10:51 P.M. Passed 6 -0. Chairwoman Burger reviewed the changes as stated by the City Attorney. Commissioner Pines asked that the wording in "Fencing adjacent to scenic highways" be clarified. Consensus reached by the Comtission that the Ordinance as proposed by the City Attorney was acceptable as presented. HARRIS/PINES MOVED TO GRANT A NEGATIVE DECLARATION. Passed 6-0. HARRIS/PINES MOVED APPROVAL OF AZO- 86-006 AMENDING AND CONSOLIDATING REGULATIONS PERTAINING TO FENCES, WALLS AND HEDGES AS CONTAINED IN CHAPTER 15 OF THE CITY CODE. Passed 6-0. MISCELLANEOUS: 1. Planning Commission discussion re: priorities for 1987 -88 Planning Director Hsia presented a Memorandum dated January 14, 1987, li g possible priorities for the 1987 -88 year. Commissioner Pines requested guidelines written for the benefit of applicants. Consensus reached that the Commission would fu er review and discuss this Memorandum on the Planning Commission/Staff Retreat, uary 16 17, 1987. COMM'JNICATIONS; ADJOI JRNMENT: Resp-ctfu'submitted, /0/ C of A. Probst Caughey ecording Secretary Written: 1. Memorandum re: Landscaping in Parking Distri Chairwoman Burger called attention to the Me .randum of January 14, 1987. Staff will review the Conditions of Approval to dete the possible responsibility of the Applicant to plant and maintain the landscaping and repo back to the Planning Commission. Oral by Commission: City Council .ort The City Attorney noted the bre of the recent City Council Meeting. The meeting of the anning Commission was adjourned at 11:17 P.M. EIA -4 Saratoga NAME AND ADDRESS OF APPLICANT DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15063 through 15065 and Section 15070 of the California Administrative Code,:and.Resolu- tion 653- of the City of Saratoga, that the followingdescribed project will have no significant effect (no substantial adverse impact) on `the' environment within the terms and meaning of said Act. PROJECT DESCRIPTION Amendment to the Zoning Ordinance to add Article 15 -29 pertaining to fences, walls and hedges, consolidating the various regulations into one section of the City Code and adding regulations for fencing along the scenic highway. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION Project is essentially a reorganization of the existing regulations of the City Code. The new regulations regarding fencing along the scenic highway is an implementation of the General Plan and will have no significant impacts on the environment. Executed at Saratoga, California this day of Yuchuek Hsia Planning Director File No: AZ0 -86 -006 19 'EXECUTIVE SUMMARY NO. 47 AGENDA ITEM 1 1 MEETING DATE: 2/4/87 CITY MGR. APPROVAL ORIGINATING DEPT: Community Services SUBJECT: Proposed Amendment to the Civic Theatre Fee Schedule Recommended Motion: Approve amended fee schedule as recommended by staff effective 2/5/87. Adopt Resolution-N6-780.29 amending fee schedule for Civic Theatre rentals. Report Summary: The Saratoga Civic Theatre is reserved by five theatre groups through August, 1988. The building is used by each group Thursday through Sunday in increments of five or six weeks. The theatre groups have requested utilization of the theatre at a reduced rate on days when not regularly used. For example Star Players now has the theatre booked for two weeks of dress rehearsals and four weeks of performances. The day they leave the theatre Community Players moves in for a six week run. Currently the theatre is vacant on Monday Tuesday evenings. The Community Players would like to have these days while Star Players occupy the theatre the same week Thursday through Sunday for their performances. Currently, the groups practice in church or school rooms. 0.1 The theatre group representatives proposed this plan at the annual Civic Theatre scheduling meeting in December. They felt they could afford a fee of $20 per night. Fiscal Impacts: Revenue from Civic Theatre rentals would increase by $1600 per year. Attachments: Resolution 780.29 Motion and Vote: S.taffritecommendation :5 -0. SARATOGA CITY COUNCIL ei AYES: NOES: ABSENT: ATTEST: DPputy�City Clerk RESOLUTION NO. 780.29 A RESOLUTION AMENDING FEE SCHEDULE FOR CIVIC THEATRE RENTALS The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The following schedule of fees is hereby established for payment to the City of Saratoga on application for each of the following uses of the Civic Theatre. This fee schedule shall become effective o Se t. 1 and shall be applicable to all applications for reservation after its effective date. TYPE FEE Rehearsals 65.00 /day Performances $205.00 /day Partial Use of Stage 65.00 /day Move In /Move Out 30.00 /day Informal Rehearsals 20.00 /day The above and foregoing resolution was adopted at a regular meeting of the City Council of the City of Saratoga held on the 4th day of February, 1987, by the following vote: MAYOR SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: 2/4/87 CITY MGR. APPROVAL ORIGINATING DEPT: Community Services SUBJECT: Proposed Amendment to the Civic Theatre Fee Schedule Recommended Motion: Approve amended fee schedule as recommended by staff effective 2/5/87. Adopt Resolution No. 380.29 amending fee schedule for Civic Theatre rentals. Repoft Summary The Saratoga Civic Theatre is reserved by five theatre groups through August, 1988. The building is used by each group Thursday through Sunday in increments of five or six weeks. The theatre groups have requested utilization of the theatre at a reduced rate on days when not regularly used. For example Star Players now has the theatre booked for two weeks of dress rehearsals and four weeks of performances. The day they leave the theatre Community Players moves in for a six week run. Currently the theatre is vacant on Monday Tuesday evenings. The Community Players would like to have thes days while Star Players occupy the theatre the same week Thursday through Sunday for their performances. Currently, the groups practice in church or school rooms. The theatre group representatives proposed this plan at the annual Civic Theatre scheduling meeting in December. They felt they could afford a fee of $20 per night. Fiscal Impacts: Revenue from Civic Theatre rentals would increase by $1600 per year. Attachments: Resolution 780.29 Motion and Vote: EXECUTIVE SUMMARY NO. Q:3 MEETING DATE: February 4, 1987 ORIGINATING DEPT: City Attorney SUBJECT: Recommended Motion: Motion and Vote: Staff recommendation 5 -0. SARATOGA.CITY COUNCIL Existing Second Units .Refer to Planning Commission for hearing. AGENDA ITEM ICJ ig6 CITY MGR. APPROVAL Report Summary: The City Attorney's report and draft ordinance incorporates the concepts for dealing with existing second units which were discussed by Council at its study session on January 13, 1987. At that time Council directed that the detailed language of the draft ordinance be reviewed by the Council prior to any further action being taken. The main thrust of the proposed revisions is to treat structures being used as second units, constructed before 8/18/84, constructed with required permits and exist- ing development standards in effect at time of construction to apply through a simplified procedure at a lower cost. Fiscal Impacts: Application fees should recover costs of staff time to review the application. Because there are no punitive fees, the City could lose several thousand dollars in revenue under the proposed fee schedule as opposed to the existing one. Attachments: City Attorney Memorandum of January 28, 1987. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL ROBERT K. BOOTH, JR. STEVEN G. BAIRO ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council and Planning Commission FROM: City Attorney RE: Legalization of Existing Second Units DATE: January 28, 1987 Notwithstanding the adoption of various amendments to the second unit ordinance which liberalized the standards applicable to existing second units, these amendments have not served the intended purpose of encouraging property owners to legitimate such units by obtaining a use permit. This process would enable the City to make a determination as to whether the existing second unit is fit for human occupancy. The City staff has therefore recommended, and the Council has conceptually approved, a further simplification of the standards and procedures for legalization of existing second units that were lawfully constructed under a building permit and in accordance with the development regulations in force at the time of construction. In place of the numerous restrictions and standards now contained in Section 15- 56.030 of the City Code, the basic consideration would be whether the unit provides safe and sanitary housing in terms of compliance with the Building, Health and Fire Codes. To reduce the time and expense of the approval process, the Council conceptually approved the proposal for an administrative hearing to be conducted by the Planning Director, with notice thereof given only to the owners of immediately adjacent properties. The decision by the Planning Director could then be appealed directly to the City Council. The staff proposal does not involve a grandfathering of all existing second units, but rather a change of emphasis from zoning regulation to health and safety considerations. The simplification of standards and procedures on the one hand would be accompanied by increased enforcement on the other to insure the discontinuance of any second unit which is found to be unfit for human occupancy. The staff proposal is now contained in a proposed ordinance amending various sections in Article 15 -56 of the City Code. However, because it is necessary for the Commission and Council to understand how these amendments have been integrated into the existing provisions of Article 15 -56, the entire Article has been printed as it would appear after adoption of the amendments. I would suggest that you focus your attention upon this document instead of the ordinance itself. I have included some handwritten notations to indicate where changes have been made. J. M. ATKINSON, (1892-1982) L. M. FARASYN, (1915 -1979) The major features of the proposed ordinance are as follows: 1. Section 15- 56.030 of the existing Code, pertaining to restrictions and standards, represents a combination of both development standards (lot size, slope, unit size, etc.) and occupancy restrictions (owner occupancy, age and number of occupants). Although we are changing the physical standards for lawfully constructed existing second units, the occupancy restrictions would still apply to these units. Consequently, the two subjects have now been separated in the revised Article. The prohibition against more than one second unit on any one site is now set forth as a new Section 15- 56.025 and the occupancy restrictions have been moved and consolidated into Section 15- 56.040. The development standards now listed in Section 15- 56.030 of the revised Article will now apply only to a proposed second unit which is not yet constructed or a second unit illegally established after August 18, 1984 (which is deemed to be a "new" unit). 2. Section 15- 56.060, concerning the findings required for issuance of a use permit, would no longer apply to legalization of lawfully constructed existing second units. Instead, a separate and abbreviated set of findings is now contained in Section 15- 56.110, paragraph (g). 3. Section 15- 56.100 has been revised to reflect the separation of development standards and occupancy restrictions and the separate findings for existing second units as contained in paragraph (g) of Section 15- 56.110. 4. Section 15- 56.110 has been totally redrafted. Paragraph (a) incorporates the statement of purpose as contained in the Memorandum from the City Manager to the City Council dated December 2, 1986. Paragraph (b) preserves the cut off date as now contained in the present City Code of August 18, 1984, and limits the application of this Section to lawfully constructed units. Paragraph (c) simplifies, to some extent, the documentation required to be submitted with the application. Paragraph (d) provides for a reduced application fee during a limited period of time (approximately 18 months from the anticipated effective date of the amendment), with the normal fee to be charged thereafter. With respect to procedure, the application would be handled as an administrative proceeding conducted by the Planning Director. Notice of the application would be given only to the adjacent property owners as opposed to everyone owning property within a radius of 500 feet, as required under the present Code. If no request for an administrative hearing is made, the Planning Director may act upon the application without conducting such hearing. The existing second unit must still comply with the standards set forth in paragraph (f) of Section 15- 56.110. All of these standards are now contained in the present Code but the difference is that the Planning Director would not be required to deal with the other development standards listed in Section 15- 56.030. The objective of the new ordinance is reflected in the findings required for legalization of existing second units, which are limited to three basic considerations health and safety, compatibility and privacy impact. The Planning Director will have authority to impose conditions of approval when necessary or appropriate to mitigate any adverse impacts from the existing second unit. Paragraph (f) of Section 15- 56.110 addresses those units established prior to August 18, 1984, which do not qualify for legalization under this Section because they were not lawfully constructed pursuant to a building permit (if required) or in -2 accordance with the development regulations in force at the time of construction. These units will continue to be treated in the same manner as provided in the existing Code, with the Planning Commission having the authority to modify certain standards applicable to new second units if all of the findings can be made, provided the existing second unit complies with the alternative standards set forth in Paragraph (f) of Section 15- 56.110. However, a variance would now be required for any non conformity with the current zoning regulations (such as height set -back or impervious cover). Because Article 15 -56 has now become rather complicated, the following chart may serve to illustrate the different approaches which have been taken with respect to different categories of second units: Category of second unit Newly constructed Established after Development standards Normal standards in §15- 56.030 Normal standards 8/18/84 in §15- 56.030 Lawfully constructed Housing, health before 8/18/84 fire codes Alternative standards in §15- 56.110(f) Illegally constructed Normal standards before 8/18/84 in §15- 56.030 Modification of standards No No N/A Approving Authority Planning Commission Planning Commission Planning Director Power to Planning Commission modify; alternative standards in §15- 56.110(f); variance required for zoning regs. 0 Sections: 15- 56.010 Statement of findings 15- 56.020 Use permit required 15- 56.025 One second unit per site 15- 56.030 Development standards 15- 56 A Occupancy restrictions 15- 56.050 Inspections 15- 56.060 Findings required for issuance of use permit 15- 56.070 Limitation on number of use permits 15- 56.080 Duration of use permit; use permit to run with land; certification of compliance 15- 56.090 Recordation of use permit 15- 56.100 Revocation of use permit 15- 56.110 Legalization of existing second units 15- 56.120 Illegal second units §15 56.010 Statement of findings The City recognizes that some of its existing housing resources could provide a cost- effective method to deal with housing needs. However, there are environmental and service constraints the City faces which limit the use of methods such as adding second dwelling units. In particular, such units generally are not appropriate on hillside lots since these lots usually have environmental constraints on development. The use of second dwelling units is also limited by urban service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. The limitation and control of second units is therefore required in order to avoid excessive density and development of single family residential sites and to preserve and enhance aesthetic qualities and property values, while being responsive to the housing needs of the community. The following Article incorporates these limitations. S15 56.020 A second granted for suc Article. §15- 56.025 §15- 56.030 ARTICLE 15 -56 SECOND UNITS AS CONDITIONAL USES s s Use permit required unit may be created or occupied only if a use permit has been h second unit pursuant to the provisions of Article 15 -55 and this One second unit per site Only one second unit shall be permitted on any one site. Development standards Except as otherwise provided in Section 15- 56.110, each second unit shall comply with all of the following development standards before a use permit may be granted: CkS fir M CP Q• S -4 (a) Lot If the second unit is attached to the main dwelling, the net site v a of the lot upon which the second unit is located shall not be less than the 40 i minimum standard prescribed for the district applicable to such lot; provided, however, if the lot is located within the R -1- 10,000 district, the minimum net site Q0' area of such lot shall be at least 12,500 square feet. If the second unit is detached from the main dwelling, the lot upon which the second unit is located must be at least 1.6 times the minimum net site area prescribed for the district applicable to such lot. (b) Slope. No second unit may be located upon a hillside lot. (c) Unit size. The second unit shall not exceed eight hundred square feet of living space, not including the garage. (d) Building codes. The second unit shall comply with applicable building, health and fire codes. (e) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, height limits and design review). No variances shall be granted for any new second unit to be constructed. (f) Parking. A minimum of one off street covered parking space within a garage shall be provided for the second unit in addition to the off street covered parking spaces required for the main dwelling. (g) Sewer. The second unit shall be served by sanitary sewer. (h) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (i) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by a common entrance or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (j) Other conditions. The second unit shall comply with such other conditions or standards which, in the judgment of the Planning Commission, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood. 515- 56.040 Occupancy restrictions (a) Either the existing main dwelling or the second unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the second unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (b) Either the second unit or the existing main dwelling shall be occupied as the principal place of residence of a person sixty years of age or older or a person who is physically handicapped. -2- �b. spa t- (c) The second unit may not be occupied by more than two people as permanent living quarters. (d) The Planning Commission shall have authority to waive or modify the owner occupancy restriction set forth in Paragraph (a) of this Section, or the age restriction set forth in Paragraph (b) of this Section. or both of such restrictions, if the Commission determines that, by reason of special circumstances in a particular case, the application of such restrictions will result in extreme hardship upon the owner or occupant of the property. The Planning Commission may impose such conditions as it deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification hereunder. (e) This Section shall apply to either a new or existing second unit for which a use permit is granted pursuant to this Article. S 15 56.050 Inspections (a) Where the application is for legalization of an existing second unit or approval of a proposed unit to be attached to the main dwelling, prior to the public hearing on the use permit, an inspection of the property shall be conducted to determine that the existing second unit, and any main dwelling to which a second unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. If a use permit is granted, a further inspection to determine such compliance shall be conducted after any construction or alteration work is completed. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the cost thereof shall be paid by the applicant. (b) Each existing second unit and a main dwelling to which a second unit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative prior to the public hearing for the use permit. Any recommendations by the Fire Marshall shall be a condition for the granting of a use permit. Such recommendations may include the connection of the second unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the issuance of a second unit use permit constitute a representation or warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. S15 56.060 Findings required for issuance of use permit Subject to the numerical limitation prescribed in Section 15- 56.070 and except as otherwise provided in Section 15- 56.110, the Planning Commission may grant an application for a second unit use permit as applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes all of the findings set forth in Section 15- 55.070 of this Chapter and all of the following additional findings: (a) The proposed second unit complies with the development standards described in Section 15- 56.030. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to be compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping. (e) The proposed second unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities. X15- 56.070 Limitation on number of use permits (a) Not more than twenty use permits for second units may be granted during any single calendar year and not more than five of such use permits may be granted during any single calendar year for second units located within the R -1- 10,000 district. The City Council shall periodically review the impacts of second units for which use permits are granted under this Article. Such review shall be conducted annually or at such other interval of time as may be specified by the Council. At each periodic review, the Council shall determine the limitation, if any, on the number of' use permits for second units to be granted until the next scheduled review. The numerical limitation may be increased, decreased or retained by the City Council, based upon its review of the impacts caused by the creation of new second units and legalization of existing second units. (b) During any period of time in which a limitation on the number of use permits for second units is imposed, all applications for such use permits shall be date stamped and consecutively numbered when received and permits shall be granted in the order of receipt. The Planning Director, or his representative, may decline to receive any application which is not accompanied by payment of the application fee and all information and documents described in Section 15- 55.040 of this Chapter. If a use permit is granted by the Planning Commission and the matter is thereafter appealed to the City Council, the use permit shall still be included within the numerical limitation unless and until the granting thereof is reversed by the City Council on appeal. If the application for such use permit is denied by the Planning Commission, such application shall not be included within the numerical limitation notwithstanding any appeal to the City Council; provided, however, in the event a use permit is granted by the City Council on appeal, such use permit shall have priority over applications granted subsequent to the date on which the City Council renders its decision. S15 -56.080 Duration of use permit; use permit to run with land; certification of compliance (a) A second unit use permit may be granted for a specified period of time, with or without the right to apply for extensions, or may be allowed to continue indefinitely for so long as the holder of such permit complies with the applicable restrictions and standards contained in this Article and the conditions of the use -4 0 permit. Such use permit shall run with the land and the conditions thereof shall be binding upon all successive owners of the property on which the second unit is located for so long as the use permit remains in effect. (b) At each five year interval from the date a second unit use permit is granted the holder of such permit shall certify to the Planning Director, on such form as he may prescribe. that the holder has complied and continues to comply with all of the applicable restrictions and standards of this Article and all conditions as set forth in the use permit. The Planning Director may request the holder to furnish such information and documents as the Director may deem necessary in order to verify the truth or accuracy of any statements contained in the certification. S15- 56.090 Recordation of use permit The original second unit use permit shall be recorded in the office of the County Recorder. All of the restrictions and conditions applicable to such use permit shall be set forth therein, together with the requirement for certification of compliance as provided in Subsection 15- 56.080(b). §15- 56.100 Revocation of use permit In addition to the grounds for revocation of a use permit as set forth in Section 15- 55.110 of this Chapter the Planning Commission may revoke any use permit for a second unit upon a finding that: (a) The second unit has failed to comply with any of the applicable development standards contained in Section 15- 56.030; or (b) The holder of the use permit has violated any of the applicable occupancy restrictions contained in Section 15- 56.040; or LI The holder of the use permit has violated any of the conditions set forth therein; or The holder of the use permit has failed tb provide a certification of compliance in accordance with Subsection 15- 56.080(b); or jej The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or ,l The second unit has been eliminated through alteration of the structure in which such unit was contained; or I 2 Any of the findings required under Paragraphs (b) or (e) of Section 15- 56.060 or Paragraph (g) of Section 15- 56.110 can no longer be made. §15- 56.110 L of existing second units (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which -5 were created prior to the adoption of this Article. In order to encourage the legitimation of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units established prior to August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after August 18, 1984, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application for a use permit to legalize an existing second unit shall be filed with the Planning Director on such form as he shall prescribe. In lieu of the items described in Section 15- 55.040 of this Chapter, the application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15- 56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) The name and age of the occupants of the second unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupants. (6) A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (7) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Planning Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and /or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (8) If the second unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Processing Fee. A processing fee shall be paid to the City at the time of filing the application for use permit. If the application is voluntarily filed by the property owner prior to December 31, 1988, the fee shall be fifty percent of the amount then charged as the normal second unit use permit application fee. If the application is filed in response to a written notice from the City to do so, or is filed at any time after January 1, 1989, the fee shall be the amount then charged as the normal second unit use permit application fee. (e) Procedure. Upon the filing of an application for a use permit to legalize an existing second unit, the following procedure shall be followed: (1) The Planning Director shall send a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Planning Director within ten days from the date of the notice. (2) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Planning Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (3) If a request for an administrative hearing is received within the time prescribed in the notice, the Planning Director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Planning. Director may be appealed to the City Council in accordance with the procedure set forth in Article 15 -90_ of this__ Chapter. (f) Standards. Existing second units shall comply with the following standards: (1) (2) (3) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Planning Director, that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. Provided that not less than three off street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the -7 parking space for the second unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (5) The requirement of occupancy of either the second unit or the main dwelling by a person sixty years of age or older or by a person who is physically handicapped shall not apply to any tenant in lawful possesion of the premises as of August 18, 1984, and such tenancy may be continued until the expiration or termination of the lease. (6) The second unit shall comply with such other standards which. in the judgment of the Planning Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties. (g) Findings. The Planning Director may grant the application for a use permit to legalize an existing second unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Planning Director makes all of the following findings: (1) The second unit complies with the provisions of the Uniform Housing Code and applicable provisions of the health and fire codes. (2) The second unit is compatible with the exterior appearance and nature of the existing main dwelling on the site. (3) The second unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties. (h) Disqualified existing units. Any second unit established prior to August 18, 1984 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The Planning Commission shall have authority to modify the standards set forth in Paragraphs (b), (c), (d), (f), (g), (h) and (i) of Section 15- 56.030, provided the Commission is able to make all of the other findings required under Section 15- 56.060 for the existing second unit. N v s (2) The existing second unit shall comply with the standards set forth in Paragraph (f) of this Section. (3) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15 -70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (j) Numerical limit. Use permits for legalization of existing second units shall not be subject to or included within the numerical limitation prescribed in Section 15- 56.070. §15 Illegal second units The establishment or continuance of a second unit without a use permit is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance. Any violation of this Article shall be subject to the penalties as prescribed in Chapter 3 of this Code. ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-56 OF THE CITY CODE TO MODIFY THE PROVISIONS CONCERNING LEGALIZATION OF EXISTING SECOND UNITS The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: A new Section 15- 56.025 is added to Article 15 -56, to read as follows: "S15- 56.025 One second unit per site Only one second unit shall be permitted on any one site." SECTION 2: Section 15- 56.030 in Article 15 -56 is amended to read as follows: "S15 -56.030 Development standards Except as otherwise provided in Section 15- 56.110, each second unit shall comply with all of the following development standards before a use permit may be granted: (a) Lot size. If the second unit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot; provided, however, if the lot is located within the R -1- 10,000 district, the minimum net site area of such lot shall be at least 12,500 square feet. If the second unit is detached from the main dwelling, the lot upon which the second unit is located must be at least 1.6 times the minimum net site area prescribed for the district applicable to such lot. (b) Slope. No second unit may be located upon a hillside lot. (c) Unit size. The second unit shall not exceed eight hundred square feet of living space, not including the garage. (d) Building codes. The second unit shall comply with applicable building, health and fire codes. (e) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, height limits and design review). No variances shall be granted for any new second unit to be constructed. (f) Parking. A minimum of one off street covered parking space within a garage shall be provided for the second unit in addition to the off street covered parking spaces required for the main dwelling. -1- (g) Sewer. The second unit shall be served by sanitary sewer. (h) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (i) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by a common entrance or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (j) Other conditions. The second unit shall comply with such other conditions or standards which, in the judgment of the Planning Commission, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood." SECTION 3: Section 15- 56.040 in Article 15 -56 is amended to read as follows: "S15- 56.040 Occupancy restrictions (a) Either the existing main dwelling or the second unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the second unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (b) Either the second unit or the existing main dwelling shall be occupied as the principal place of residence of a person sixty years of age or older or a person who is physically handicapped. (c) The second unit may not be occupied by more than two people as permanent living quarters. (d) The Planning Commission shall have authority to waive or modify the owner occupancy restriction set forth in Paragraph (a) of this Section, or the age restriction set forth in Paragraph (b) of this Section, or both of such restrictions, if the Commission determines that, by reason of special circumstances in a particular case, the application of such restrictions will result in extreme hardship upon the owner or occupant of the property. The Planning Commission may impose such conditions as it deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification hereunder. (e) This Section shall apply to either a new or existing second unit for which a use permit is granted pursuant to this Article." SECTION 4: Section 15- 56.060 in Article 15 -56 is amended to read as follows: "S15- 56.060 Findings required for issuance of use permit Subject to the numerical limitation prescribed in Section 15- 56.070 and except as otherwise provided in Section 15- 56.110, the Planning Commission may grant an -2- application for a second unit use permit as applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes all of the findings set forth in Section 15- 55.070 of this Chapter and all of the following additional findings: (a) The proposed second unit complies with the development standards described in Section 15- 56.030. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to be compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping. (e) The proposed second unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities." SECTION 5: Section 15- 56.100 in Article 15 -56 is amended to read as follows: "S15- 56.100 Revocation of use permit In addition to the grounds for revocation of a use permit as set forth in Section 15- 55.110 of this Chapter, the Planning Commission may revoke any use permit for a second unit upon a finding that: (a) The second unit has failed to comply with any of the applicable development standards contained in Section 15- 56.030; or (b) The holder of the use permit has violated any of the applicable occupancy restrictions contained in Section 15- 56.040; or (c) The holder of the use permit has violated any of the conditions set forth therein; or (d) The holder of the use permit has failed to provide a certification of compliance in accordance with Subsection 15- 56.080(b); or (e) The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or (f) The second unit has been eliminated through alteration of the structure in which such unit was contained; or (g) Any of the findings required under Paragraphs (b) or (e) of Section 15- 56.060 or Paragraph (g) of Section 15- 56.110 can no longer be made." SECTION 6: Section 15- 56.110 in Article 15 -56 is amended to read as follows: "S15- 56.110 Legalization of existing second units (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimation of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units established prior to August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after August 18, 1984, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application for a use permit to legalize an existing second unit shall be filed with the Planning Director on such form as he shall prescribe. In lieu of the items described in Section 15- 55.040 of this Chapter, the application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15- 56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) The name and age of the occupants of the second unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupants. (6) A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (7) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Planning Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and /or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (8) If the second unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Processing Fee. A processing fee shall be paid to the City at the time of filing the application for use permit. If the application is voluntarily filed by the property owner prior to December 31, 1988, the fee shall be fifty percent of the amount then charged as the normal second unit use permit application fee. If the application is filed in response to a written notice from the City to do so, or is filed at any time after January 1, 1989, the fee shall be the amount then charged as the normal second unit use permit application fee. (e) Procedure. Upon the filing of an application for a use permit to legalize an existing second unit, the following procedure shall be followed: (1) The Planning Director shall send a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Planning Director within ten days from the date of the notice. (2) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Planning Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (3) If a request for an administrative hearing is received within the time prescribed in the notice, the Planning Director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Planning Director may be appealed to the City Council in accordance with the procedure set forth in Article 15 -90 of this Chapter. (f) Standards. Existing second units shall comply with the following standards: (1) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Planning Director, that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (5) The requirement of occupancy of either the second unit or the main dwelling by a person sixty years of age or older or by a person who is physically handicapped shall not apply to any tenant in lawful possesion of the premises as of August 18, 1984, and such tenancy may be continued until the expiration or termination of the lease. (6) The second unit shall comply with such other standards which, in the judgment of the Planning Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties. (g) Findings. The Planning Director may grant the application for a use permit to legalize an existing second unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Planning Director makes all of the following findings: (1) The second unit complies with the provisions of the Uniform Housing Code and applicable provisions of the health and fire codes. (2) The second unit is compatible with the exterior appearance and nature of the existing main dwelling on the site. (3) The second unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties. (h) Disqualified existing units. Any second unit established prior to August 18, 1984 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The Planning Commission shall have authority to modify the standards set forth in Paragraphs (b), (c), (d), (f), (g), (h) and (i) of Section 15- 56.030, provided the Commission is able to make all of the other findings required under Section 15- 56.060 for the existing second unit. (2) The existing second unit shall comply with the standards set forth in Paragraph (f) of this Section. (3) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15 -70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (j) Numerical limit. Use permits for legalization of existing second units shall not be subject to or included within the numerical limitation prescribed in Section 15- 56.070." SECTION 7: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 8: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK MAYOR EXECUTIVE SUMMARY NO. /o?3 MEETING DATE: February 4, 1987 ORIGINATING DEPT: City Attorney SUBJECT: Recommended Motion: SARATOGA CITY COUNCIL Existing Second Units Refer to Planning Commission for hearing. Report Summary: The City Attorney's report and draft ordinance incorporates the concepts for dealing with existing second units which were discussed by Council at its study session on January 13, 1987. At that time Council directed that the detailed language of the draft ordinance be reviewed by the Council prior to any further action being taken. The main thrust of the proposed revisions is to treat structures being used as second units, constructed before 8/18/84, constructed with required permits and exist- ing development standards in effect at time of construction to apply through a simplified procedure at a lower cost. Fiscal Impacts: Application fees should recover costs of staff time to review the application. Because there are no punitive fees, the City could lose several thousand dollars in revenue under the proposed fee schedule as opposed to the existing one. Attachments: City Attorney Memorandum of January 28, 1987. Motion and Vote: o A� S O AGENDA ITEM ICJ D CITY MGR. APPROVAL PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL ROBERT K. BOOTH, JR. STEVEN G. BAIRD ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (41S) 967 -6941 MEMORANDUM TO: Saratoga City Council and Planning Commission FROM: City Attorney RE: Legalization of Existing Second Units DATE: January 28, 1987 Notwithstanding the adoption of various amendments to the second unit ordinance which liberalized the standards applicable to existing second units, these amendments have not served the intended purpose of encouraging property owners to legitimate such units by obtaining a use permit. This process would enable the City to make a determination as to whether the existing second unit is fit for human occupancy. The City staff has therefore recommended, and the Council has conceptually approved, a further simplification of the standards and procedures for legalization of existing second units that were lawfully constructed under a building permit and in accordance with the development regulations in force at the time of construction. In place of the numerous restrictions and standards now contained in Section 15- 56.030 of the City Code, the basic consideration would be whether the unit provides safe and sanitary housing in terms of compliance with the Building, Health and Fire Codes. To reduce the time and expense of the approval process, the Council conceptually approved the proposal for an administrative hearing to be conducted by the Planning Director, with notice thereof given only to the owners of immediately adjacent properties. The decision by the Planning Director could then be appealed directly to the City Council. The staff proposal does not involve a grandfathering of all existing second units, but rather a change of emphasis from zoning regulation to health and safety considerations. The simplification of standards and procedures on the one hand would be accompanied by increased enforcement on the other to insure the discontinuance of any second unit which is found to be unfit for human occupancy. The staff proposal is now contained in a proposed ordinance amending various sections in Article 15 -56 of the City Code. However, because it is necessary for the Commission and Council to understand how these amendments have been integrated into the existing provisions of Article 15 -56, the entire Article has been printed as it would appear after adoption of the amendments. I would suggest that you focus your attention upon this document instead of the ordinance itself. I have included some handwritten notations to indicate where changes have been made. J. M. ATKINSON, (1892 1982) L. M. FARASYN, (1915-1979) The major features of the proposed ordinance are as follows: 1. Section 15- 56.030 of the existing Code, pertaining to restrictions and standards, represents a combination of both development standards (lot size, slope, unit size, etc.) and occupancy restrictions (owner occupancy, age and number of occupants). Although we are changing the physical standards for lawfully constructed existing second units, the occupancy restrictions would still apply to these units. Consequently, the two subjects have now been separated in the revised Article. The prohibition against more than one second unit on any one site is now set forth as a new Section 15- 56.025 and the occupancy restrictions have been moved and consolidated into Section 15- 56.040. The development standards now listed in Section 15- 56.030 of the revised Article will now apply only to a proposed second unit which is not yet constructed or a second unit illegally established after August 18, 1984 (which is deemed to be a "new" unit). 2. Section 15- 56.060, concerning the findings required for issuance of a use permit, would no longer apply to legalization of lawfully constructed existing second units. Instead, a separate and abbreviated set of findings is now contained in Section 15- 56.110, paragraph (g). 3. Section 15- 56.100 has been revised to reflect the separation of development standards and occupancy restrictions and the separate findings for existing second units as contained in paragraph (g) of Section 15- 56.110. 4. Section 15- 56.110 has been totally redrafted. Paragraph (a) incorporates the statement of purpose as contained in the Memorandum from the City Manager to the City Council dated December 2, 1986. Paragraph (b) preserves the cut off date as now contained in the present City Code of August 18, 1984, and limits the application of this Section to lawfully constructed units. Paragraph (c) simplifies, to some extent, the documentation required to be submitted with the application. Paragraph (d) provides for a reduced application fee during a limited period of time (approximately 18 months from the anticipated effective date of the amendment), with the normal fee to be charged thereafter. With respect to procedure, the application would be handled as an administrative proceeding conducted by the Planning Director. Notice of the application would be given only to the adjacent property owners as opposed to everyone owning property within a radius of 500 feet, as required under the present Code. If no request for an administrative hearing is made, the Planning Director may act upon the application without conducting such hearing. The existing second unit must still comply with the standards set forth in paragraph (f) of Section 15 56.110. All of these standards are now contained in the present Code but the difference is that the Planning Director would not be required to deal with the other development standards listed in Section 15- 56.030. The objective of the new ordinance is reflected in the findings required for legalization of existing second units, which are limited to three basic considerations health and safety, compatibility and privacy impact. The Planning Director will have authority to impose conditions of approval when necessary or appropriate to mitigate any adverse impacts from the existing second unit. Paragraph (f) of Section 15- 56.110 addresses those units established prior to August 18, 1984, which do not qualify for legalization under this Section because they were not lawfully constructed pursuant to a building permit (if required) or in -2 accordance with the development regulations in force at the time of construction. These units will continue to be treated in the same manner as provided in the existing Code, with the Planning Commission having the authority to modify certain standards applicable to new second units if all of the findings can be made, provided the existing second unit complies with the alternative standards set forth in Paragraph (f) of Section 15- 56.110. However, a variance would now be required for any non conformity with the current zoning regulations (such as height, set -back or impervious cover). Because Article 15 -56 has now become rather complicated, the following chart may serve to illustrate the different approaches which have been taken with respect to different categories of second units: Category of second unit Newly constructed Established after 8/18/84 in §15- 56.030 Lawfully constructed before 8/18/84 Development standards Normal standards in §15- 56.030 Normal standards Housing, health fire codes Alternative standards in §15- 56.110(f) Illegally constructed Normal standards before 8/18/84 in §15- 56.030 -3- Modification of standards No No N/A Approving Authority Planning Commission Planning Commission Planning Director Power to Planning Commission modify; alternative standards in §15- 56.110(f); variance required for zoning regs. ARTICLE 15 -56 SECOND UNITS AS CONDITIONAL USES Sections: 15- 56.010 Statement of findings 15- 56.020 Use permit required 15- 56.025 One second unit per site 15- 56.030 Development standards 15- 56 A Occupancy restrictions 15- 56.050 Inspections 15- 56.060 Findings required for issuance of use permit 15- 56.070 Limitation on number of use permits 15- 56.080 Duration of use permit; use permit to run with land; certification of compliance 15- 56.090 Recordation of use permit 15- 56.100 Revocation of use permit 15- 56.110 Legalization of existing second units 15- 56.120 Illegal second units S15- 56.010 Statement of findings The City recognizes that some of its existing housing resources could provide a cost effective method to deal with housing needs. However, there are environmental and service constraints the City faces which limit the use of methods such as adding second dwelling units. In particular, such units generally are not appropriate on hillside lots since these lots usually have environmental constraints on development. The use of second dwelling units is also limited by urban service ,��ob capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. The limitation and control of second units is therefore required in order to avoid excessive density and development of single family residential sites and to preserve and enhance aesthetic qualities and property values, while being responsive to the housing needs of the community. The following Article incorporates these limitations. S15 -56.020 Use permit required v A second unit may be created or occupied only if a use permit has been granted for such second unit pursuant to the provisions of Article 15 -55 and this Article. I5- 56.025 One second unit per site 'br L e kt Only one second unit shall be permitted on any one site. §15 -56.030 Development standards Except as otherwise provided in Section 15- 56.110, each second unit shall comply with all of the following development standards before a use permit may be granted: 410 (a) The proposed second unit complies with the development standards described in Section 15- 56.030. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to be compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping. (e) The proposed second unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities. S15- 56.070 Limitation on number of use permits (a) Not more than twenty use permits for second units may be granted during any single calendar year and not more than five of such use permits may be granted during any single calendar year for second units located within the R -1- 10,000 district. The City Council shall periodically review the impacts of second units for which use permits are granted under this Article. Such review shall be conducted annually or at such other interval of time as may be specified by the Council. At each periodic review, the Council shall determine the limitation, if any, on the number of use permits for second units to be granted until the next scheduled review. The numerical limitation may be increased, decreased or retained by the City Council, based upon its review of the impacts caused by the creation of new second units and legalization of existing second units. (b) During any period of time in which a limitation on the number of use permits for second units is imposed, all applications for such use permits shall be date stamped and consecutively numbered when received and permits shall be granted in the order of receipt. The Planning Director, or his representative, may decline to receive any application which is not accompanied by payment of the application fee and all information and documents described in Section 15- 55.040 of this Chapter. If a use permit is granted by the Planning Commission and the matter is thereafter appealed to the City Council, the use permit shall still be included within the numerical limitation unless and until the granting thereof is reversed by the City Council on appeal. If the application for such use permit is denied by the Planning Commission, such application shall not be included within the numerical limitation notwithstanding any appeal to the City Council; provided, however, in the event a use permit is granted by the City Council on appeal, such use permit shall have priority over applications granted subsequent to the date on which the City Council renders its decision. X15 56.080 Duration of use permit; use permit to run with land; certification of compliance (a) A second unit use permit may be granted for a specified period of time, with or without the right to apply for extensions, or may be allowed to continue indefinitely for so long as the holder of such permit complies with the applicable restrictions and standards contained in this Article and the conditions of the use -4- permit. Such use permit shall run with the land and the conditions thereof shall be binding upon all successive owners of the property on which the second unit is located for so long as the use permit remains in effect. (b) At each five year interval from the date a second unit use permit is granted, the holder of such permit shall certify to the Planning Director, on such form as he may prescribe, that the holder has complied and continues to comply with all of the applicable restrictions and standards of this Article and all conditions as set forth in the use permit. The Planning Director may request the holder to furnish such information and documents as the Director may deem necessary in order to verify the truth or accuracy of any statements contained in the certification. S15- 56.090 Recordation of use permit The original second unit use permit shall be recorded in the office of the County Recorder. All of the restrictions and conditions applicable to such use permit shall be set forth therein, together with the requirement for certification of compliance as provided in Subsection 15- 56.080(b). §15- 56.100 Revocation of use permit In addition to the grounds for revocation of a use permit as 15- 55.110 of this Chapter, the Planning Commission may revoke a second unit upon a finding that: (a) The second unit has failed to comply with any development standards contained in Section 15- 56.030; or set forth in Section any use permit for of the applicable of the applicable (b) The holder of the use permit has violated any occupancy restrictions contained in Section 15- 56.040: or, The holder of the use permit has violated any of the conditions set forth therein; or The holder of the use permit has failed to provide a certification of compliance in accordance with Subsection 15- 56.080(b); or The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or a The second unit has been eliminated through alteration of the structure in which such unit was contained; or Any of the findings required under Paragraphs (b) or (e) of Section 15- 56.060 or Paragraph (g) of Section 15- 56.110 can no longer be made. X15 -56.110 Legalization of existing second units (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which -5- were created prior to the adoption of this Article. In order to encourage the legitimation of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units established prior to August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time -of construction. Any second unit established from and after August 18, 1984, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application for a use permit to legalize an existing second unit shall be filed with the Planning Director on such form as he shall prescribe. In lieu of the items described in Section 15- 55.040 of this Chapter, the application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15- 56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) The name and age of the occupants of the second unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupants. (6) A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (7) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Planning Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and /or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (8) If the second unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Processing Fee. A processing fee shall be paid to the City at the time of filing the application for use permit. If the application is voluntarily filed by the property owner prior to December 31, 1988, the fee shall be fifty percent of the amount then charged as the normal second unit use permit application fee. If the application is filed in response to a written notice from the City to do so, or is filed at any time after January 1, 1989, the fee shall be the amount then charged as the normal second unit use permit application fee. (e) Procedure. Upon the filing of an application for a use permit to legalize an existing second unit, the following procedure shall be followed: (1) The Planning Director shall send a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Planning Director within ten days from the date of the notice. (2) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Planning Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (3) If a request for an administrative hearing is received within the time prescribed in the notice, the Planning Director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Planning Director may be appealed to the City Council in accordance with the procedure set forth in Article 15 -90 of this Chapter. (f) Standards. Existing second units shall comply with the following standards: (1) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Planning Director, that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the -7 parking space for the second unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors Qa will be obligated to connect the second unit, and the main dwelling j' if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (5) The requirement of occupancy of either the second unit or the main dwelling by a person sixty years of age or older or by a person who is physically handicapped shall not apply to any tenant in lawful possesion of the premises as of August 18, 1984, and such tenancy may be continued until the expiration or termination of the lease. (6) The second unit shall comply with such other standards which. in the judgment of the Planning Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties. (g) Findings. The Planning Director may grant the application for a use permit to legalize an existing second unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Planning Director makes all of the following findings: (1) The second unit complies with the provisions of the Uniform Housing Code and applicable provisions of the health and fire codes. (h) Disqualified existing units. Any second unit established prior to August 18, 1984 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The Planning Commission shall have authority to modify the standards set forth in Paragraphs (b), (c), (d), (f), (g), (h) and (1) of Section 15- 56.030, provided the Commission is able to make all of the other findings required under Section 15- 56.060 for the existing second unit. (2)'"4€' >0\9 4 (2) The second unit is compatible with the exterior appearance and nature of the existing main dwelling on the site. (3) The second unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties. (2) The existing second unit shall comply with the standards set forth in Paragraph (f) of this Section. (3) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15 -70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (j) Numerical limit. Use permits for legalization of existing second units shall not be subject to or included within the numerical limitation prescribed in Section 15- 56.070. 515 56.120 Illegal second units The establishment or continuance of a second unit without a use permit is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance. Any violation of this Article shall be subject to the penalties as prescribed in Chapter 3 of this Code. ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 15 -56 OF THE CITY CODE TO MODIFY THE PROVISIONS CONCERNING LEGALIZATION OF EXISTING SECOND UNITS The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: A new Section 15- 56.025 is added to Article 15 -56, to read as follows: "S15-56.025 One second unit per site Only one second unit shall be permitted on any one site." SECTION 2: Section 15- 56.030 in Article 15 -56 is amended to read as follows: "S15 -56.030 Development standards Except as otherwise provided in Section 15- 56.110, each second unit shall comply with all of the following development standards before a use permit may be granted: (a) Lot size. If the second unit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot; provided, however, if the lot is located within the R -1- 10,000 district, the minimum net site area of such lot shall be at least 12,500 square feet. If the second unit is detached from the main dwelling, the lot upon which the second unit is located must be at least 1.6 times the minimum net site area prescribed for the district applicable to such lot. (b) Slope. No second unit may be located upon a hillside lot. (c) Unit size. The second unit shall not exceed eight hundred square feet of living space, not including the garage. (d) Building codes. The second unit shall comply with applicable building, health and fire codes. (e) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, height limits and design review). No variances shall be granted for any new second unit to be constructed. (f) Parking. A minimum of one off street covered parking space within a garage shall be provided for the second unit in addition to the off street covered parking spaces required for the main dwelling. (g) Sewer. The second unit shall be served by sanitary sewer. (h) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (i) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by a common entrance or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (j) Other conditions. The second unit shall comply with such other conditions or standards which, in the judgment of the Planning Commission, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood." SECTION 3: Section 15- 56.040 in Article 15 -56 is amended to read as follows: "S15 -56.040 Occupancy restrictions (a) Either the existing main dwelling or the second unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the second unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (b) Either the second unit or the existing main dwelling shall be occupied as the principal place of residence of a person sixty years of age or older or a person who is physically handicapped. (c) The second unit may not be occupied by more than two people as permanent living quarters. (d) The Planning Commission shall have authority to waive or modify the owner occupancy restriction set forth in Paragraph (a) of this Section, or the age restriction set forth in Paragraph (b) of this Section, or both of such restrictions, if the Commission determines that, by reason of special circumstances in a particular case the application of such restrictions will result in extreme hardship upon the owner or occupant of the property. The Planning Commission may impose such conditions as it deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification hereunder. (e) This Section shall apply to either a new or existing second unit for which a use permit is granted pursuant to this Article." SECTION 4: Section 15- 56.060 in Article 15 -56 is amended to read as follows: "S15- 56.060 Findings required for issuance of use permit Subject to the numerical limitation prescribed in Section 15- 56.070 and except as otherwise provided in Section 15- 56.110, the Planning Commission may grant an -2- application for a second unit use permit as applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes all of the findings set forth in Section 15- 55.070 of this Chapter and all of the following additional findings: (a) The proposed second unit complies with the development standards described in Section 15- 56.030. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to be compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping. (e) The proposed second unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities." SECTION 5: Section 15- 56.100 in Article 15 -56 is amended to read as follows: "S15 -56.100 Revocation of use permit In addition to the grounds for revocation of a use permit as set forth in Section 15- 55.110 of this Chapter, the Planning Commission may revoke any use permit for a second unit upon a finding that: any of the applicable (a) The second unit has failed to comply with development standards contained in Section 15- 56.030; or (b) The holder of the use permit has violated occupancy restrictions contained in Section 15- 56.040; or (c) The holder of the use permit has violated any of the conditions set forth therein; or any of the applicable (d) The holder of the use permit has failed to provide a certification of compliance in accordance with Subsection 15- 56.080(b); or (e) The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or (f) The second unit has been eliminated through alteration of the structure in which such unit was contained; or (g) Any of the findings required under Paragraphs (b) or (e) of Section 15- 56.060 or Paragraph (g) of Section 15- 56.110 can no longer be made." SECTION 6: Section 15- 56.110 in Article 15 -56 is amended to read as follows: "S15 -56.110 Legalization of existing second units (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimation of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units established prior to August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after August 18, 1984, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application for a use permit to legalize an existing second unit shall be filed with the Planning Director on such form as he shall prescribe. In lieu of the items described in Section 15- 55.040 of this Chapter, the application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15- 56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) The name and age of the occupants of the second unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupants. (6) A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (7) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Planning Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and /or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (8) If the second unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Processing Fee. A processing fee shall be paid to the City at the time of filing the application for use permit. If the application is voluntarily filed by the property owner prior to December 31, 1988, the fee shall be fifty percent of the amount then charged as the normal second unit use permit application fee. If the application is filed in response to a written notice from the City to do so, or is filed at any time after January 1, 1989, the fee shall be the amount then charged as the normal second unit use permit application fee. (e) Procedure. Upon the filing of an application for a use permit to legalize an existing second unit, the following procedure shall be followed: (1) The Planning Director shall send a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Planning Director within ten days from the date of the notice. (2) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Planning Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (3) If a request for an administrative hearing is received within the time prescribed in the notice, the Planning Director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Planning Director may be appealed to the City Council in accordance with the procedure set forth in Article 15 -90 of this Chapter. (f) Standards. Existing second units shall comply with the following standards: (1) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Planning Director, that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. -5 (3) Provided that not less than three off street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second unit shall be screened from view from the street if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (5) The requirement of occupancy of either the second unit or the main dwelling by a person sixty years of age or older or by a person who is physically handicapped shall not apply to any tenant in lawful possesion of the premises as of August 18, 1984, and such tenancy may be continued until the expiration or termination of the lease. (6) The second unit shall comply with such other standards which, in the judgment of the Planning Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties. (g) Findings. The Planning Director may grant the application for a use permit to legalize an existing second unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Planning Director makes all of the following findings: (1) The second unit complies with the provisions of the Uniform Housing Code and applicable provisions of the health and fire codes. (2) The second unit is compatible with the exterior appearance and nature of the existing main dwelling on the site. (3) The second unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties. (h) Disqualified existing units. Any second unit established prior to August 18, 1984 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The Planning Commission shall have authority to modify the standards set forth in Paragraphs (b), (c), (d), (f), (g), (h) and (i) of Section 15- 56.030, provided the Commission is able to make all of the other findings required under Section 15- 56.060 for the existing second unit. -6 (2) The existing second unit shall comply with the standards set forth in Paragraph (f) of this Section. (3) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15 -70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (j) Numerical limit. Use permits for legalization of existing second units shall not be subject to or included within the numerical limitation prescribed in Section 15- 56.070." SECTION 7: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 8: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK MAYOR EXECUTIVE SUMMARY Aaa Agenda Item MEETING DATE: February 4, 1987 City Mgr Approval ORIGINATING DEPARTMENT: Maintenance SUBJECT: Equipment Acquisitions Recommended Motions Authorize staff topurchase: 1) compact vehicle to replace 1982 Pontiac Station Wagon, 2) 72 "lawnmower with trailer to replace 1979 mower, 3) new air compressor, 4) declare Pontiac and lawn mower as surplus and instruct staff to dispose of them at public auction. Authorize staff to go to bid on new 1 ton dump truck. Report Summary With approval, we will purchase the Pontiac replacement as a piggyback to recent formal bid procedure by the City of San Jose, purchase a compressor using Santa Clara County bids, 72" Toro lawn mower using Town of Los Gatos bids and Redwood City's bids for the mower's trailer. All bids were taken within the past 6 months. Fiscal Impact Pontiac replacement usingfundsbudgetedfor dump truck 72" Toro Lawnmower trailer $13,456.32 ($13,500 is budgeted) Compressor $12,519.51 $13,000 is budgeted for this item) Truck (to be funded and purchased in the budget for F.Y. 87 -88 Attachments Memo Bid Proposals Motion Vote Staff recommendation 5 -0. SARATOGA CITY COUNCIL 1 UMW 04 rU(0)21 1:3777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -34 :38 MEMORANDUM TO: City Council FROM: Director of Maintenance SUBJECT: Equipment Acquisitions Executive Summary Background Memo DATE: January 29, 1987 The attached Executive Summary requests Authorization to purchase: 1) a compact vehicle to replace the 1982 Pontiac Station Wagon, 2) a 72" Toro Lawnmower with trailer to replace a 1979 mower, 3) new air compressor. We are also seeking pre approval for authorization to go to bid on the purchase of a 1 ton dump truck from the 1987 -88 budget. 1. The 1982 Pontiac Station Wagon now being utilized as a general office car by the Engineering and Planning Departments has developed transmission problems. We have been advised that repairs will cost between $1200 and $1600. Although replacement is not included in the current year's budget, we recommend immediate purchase utilizing funds which were included in the budget to replace our 1 ton dump truck. With Council's approval, we will purchase the replacement vehicle per General Services Department of the State of California bid specifications for $8,173.73 from Ehret Dodge Chrysler, Eureka. A reduction of $500 is offered if invoice is paid within 20 days. We request Council declare the 1982 Pontiac surplus and instruct staff to dispose of it in public auction. 2. Attached'is a proposal from West Star Distributing Company based on the bid price quoted to the Town of Los Gatos on August 12, 1986. The Town of Los Gatos accepted the bid for a diesel mower. Our request fora gas mower with the same specifications is $700 less, as reflected by West Star's quotation. West Star offered a $200 trade -in allowance but it is anticipated that we can get a better price by selling through public auction or in conjunction with another agency. We request Council also declare the mower surplus for this purpose. The price for the utility trailer is verified in the bid invoice from Redwood City. 3. $13,000 was budgeted for an Air Compressor' Golden State Equipment has quoted a price of $12,519.51 based on Santa Clara County Bid Specifications of October 24, 1986. 4. Since staff recommends utilizing funds budgeted for replacing our 1978 1 ton dump truck to replace the 1982 Pontiac, we request authorization to purchase a 1 ton dump from the 1987 -88 budget. We are seeking pre approval to go to bid so that the truck will be available this summer. umrHn i mtn i 'wont Maintenance ORGANIZATION 8200 ACCOUNT NO. 6740 PROJECT Equipment Operation QUANTITY ARTICLES AND DESCRIPTION UNIT PRICE AMOUNT 1 Model 30781 Toro Groundmaster 72 #327 $10,090.00 To be equipped with: 1 30721 72" side discharge deck 1 30786 Deluxe suspension seat 2 36 -1050 Wide wheel rim 1 72 Man shop repair manual 1 A -10551 Groundmaster ROPS 450.0C 1 20 -030 Snowco utility trailer 76" x 133 2500 lb capacity w /winch kit wheel chock 2" ball tongue jack 2,036.0( $12,576.0( Tax 880.3: Total $13,456.3: TO L- West Star Distributing Inc 2438 Radley Court Hayward, Ca 94545 DERED BY Gary Enriquez, Maintenance Supervisor TITLE 1. SEND TWO COPIES OF INVOICE. PURCHASE ORDER CITY OF SARATOGA 13777 FRUITVALE AVE. PHONE 867 -3438 SARATOGA, CALIFORNIA 95070 We will not assume responsibility for marterial shipped not covered by this order or not shipped according to instructions. 1 DELIVERY TO CLAIM NO. PURCHASE 4 61 9 ORDER NO. DATE 1/27/87 CITY OF SARATOGA 13777 FRUITVALE AVE. SARATOGA, CALIFORNIA 95070 ORDER-AND.THAT FUf4D5.HAVF CERTIFY THAT THERE IS A SUFFICIENT-UNENCUMBERED BALANCE IN THE ABO AC an T TO rl COVER n 7 H AMOq OF HIS "".FT ASIDE FOR THE PAYMENT THEREOF. D uarry_Peacock, City Manager FINANCE DIRECTOR THIS ORDER NOT VALID UNLESS APPROVED B INSTRUCTIONS TO VENDORS 2. ACKNOWLEDGE THIS ORDER PROMPTLY, ADVISING WHEN SHIPMENT WILL BE MADE OR WORK PERFORMED. 3. SHOW PURCHASE ORDER NUMBER ON ALL INVOICES, PACKAGES, DELIVERY SLIPS AND ALL CORRESPONDENCE RELATIVE TO THIS ORDER. Director Maintenancf VENDOR'S COPY To: Date: January 16, 1987 WEST STAR DISTRIBUTING, INC. 2438 Radley Court Hayward CA 94545 (415) 887 -1222 City of Saratoga Park Recreation Dept. 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Roy Swanson Reference is made to your request for prices and delivery dated: QTY. MODEL NO. Very truly yours, John Winskowicz WEST STAR DISTRIBUTING, INC. DESCRIPTION _1_ 30782 Jsr. GLOMMISnIster_ +ith/ 1 30121 12 $i .Ie_Disebarge_Deck _1 30186 DeJ e_5yspensiQn_5eat _2_ __Dl? �9�9_ �Lisle_JolbEEl_anB_Bim_ 1_ J2= 11ATL _S1w. Regair_Manual JDrD rirnundsmaster 22 as unit described above *_hate_: Jhis_ds_tbe_BiB_Prlrs_ s quoted to the City of Los LOID-5-01) Au 9 Lsr_ 12., 12.8.6 Terms: Net 10th Prox. Sub Total: Delivery: Three weeks ARO or sooner Sales Tax: F.O.B. City of Saratoga Sub Total: Trade: (1) Groundsmaster 72, Gas 1979 model Less: Quote.is firm for: 45 nays Brochures Enclosed: Yes Please feel free to contact us for further information. PAGE ONE OF TWO 1/15/87 TORO YOUR COST TOTAL _10.29Q_QQ_* _1Q,Q9Q -QQ_ Continued 200.00 TOTAL: Continued Date: January 16, 1987 To: City of Saratoga Park Recreation Dept. 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Roy Swanson, Superintendent Reference is made to your request for prices and delivery dated: QTY. MODEL NO. DESCRIPTION YOUR COST TOTAL 1 A -10551 Groundsmaster ROPS (Gas or Diesel unit 450.00 1 20 -030 Snowco Utility Trailer __Z,QM Deck Size: 76" x 133 2 lb. capacity, with winch kit, wheel chocks and 2" ball tongue jack Terms: Net 10th Prox. Delivery: Three weeks ARO or Sooner F.O.B. City of Saratoga Trade: (1) Groundsmaster 72, Gas (1979) Quote is firm for: 45 nays Brochures Enclosed: Yes Please feel free to. contact us for further information. Very truly yours, John Winskowicz WEST STAR DISTRIBUTING, INC. WEST STAR DISTRIBUTING, INC. 2438 Radley Court Hayward CA 94545 (415) 887 -1222 Note: This is the Bid Price as quoted to the City of Red- wood City July '86 Total: Diesel unit wLROPS Trajlgr Total: Gas unit'wLROPS Trailer PAGE TWO OF TWO 1 /1S /R7 TORO _13.2ZQ.Q0_ _12426_QQ Sub Total: N/A Sales Tax:(7 Applicable Sub Total: Less: 200.00 TOTAL: N/A General Provisions These specifications intend to describe the minimum requirements for a heavy duty, industrial type 72" rotary turf mower used by the Parks Division. ITEM: Engine: Fuel Caeasity: 1. 8 hr. minimum running time. Transmisgion: Axle Drakes: Cooling gygtgm: 2. ground gggegg: Sroung_C1earancg: tlainfrgmg: Steering: 1 Electrical Syst m: SPECIFICATIONS FOR THE PURCHASE OF 72" ROTARY TURF MOWER 1. 4 cylinder, water cooled, 51.6 cubic inch, 27 h.p. at 3200 RPM 2. Gear driven oil pump Full pressure lubrication with replaceable oil filter 3. Forged steel connecting rods, replaceable cast iron wet cylinder liners 4. Mechanical fuel pump, heavy -duty remote mounted Donaldson air cleaner i. Hydrostatic, variable speed. controlled by (1) single foot pedal for forward /reverse /st infinitely variable. Heavy —duty Sundstrand 15 inline. Sunstrand light duty series 15 -v type not acceptable). 1. 8.5 MPH (Minimum) 1. 6" (minimum) i. All welded formed steel, with reinforcements. 1.* Automotive, rear, gearbox and tie rodtype, 2. Left and Right traction assist brakes. 1. Front drive Axle: Dana GT20, Single reduction, 10.9 :1 (2 -speed unacceptable) 2. Rear Axle steering. 1. Dual Pedal 7" x 3 -3/4" drum type; dynamic braking through hydrostatic drive. 1. Water Cooled industrial wide fin radiator with removable protective screen. High Temperature shut down system. 1. 12 volt, 550 amp cold cranking performance •at v degree F maintenance free battery. 35 amp &iternator, =eat switch. P.T.O and traction -1- A. Shall lnciude Hour meter, amp meter, water temperature, automatic high temperature shut off, oil pressure warning lamp and buzzer. 2. Hand operated PTO and throttle. Glow plug switch, hydraulic implement lift. 4. Single pedal forward /reverse control Operators seat: Tires: Implement Drive: Warranty: Manuals: 5. All lights and guages should be easily visible to operator. 1. Adjustable suspension vertically to operators weight. 2. Adjustable fore and aft without tools, also three verticle adjustments. Deluxe cushion seat and backrest. 1. Front 23 x 10.50 -12 4 -ply rated. 2. Rear 16 6.60 x 8 4 -ply rated. 1. Minimum 1 -1/8" splined PTO shaft haft clutched by HA torque team section V -belt. Side discharge deck 72 1. Left -hand discharge. 2. Fully articulating counter balanced riding on four caster wheels 3. Pneumatic front caster wheels and 1 -1/8" diameter spindles. 4. Deck offset 18" to the right for trim work. 15" uncut circle to trim side. 5. 6"' housing depth. 6. 9" diameter hub flange to protect spindles. 7. 1 -1/4" spindles with roller' bearings. 8. PTO spiral bevel gear box. 9. Two belts drive blades from gear box. 1. 2 year or 1,500 hour limited manufacturer warranty. 1. Operators Manual 2. Parts Manual Shop Repair Manual STATE ESTIMATED DATE OF DELIVERY: BID F'RICE (FOB 'Town Service Center, Miles Avenue, Los Gatos, California): PLUS Sales Ta': TOTAL BID PRICE: JOTF bID FORM The undersigned hereby submits a bid in accordance with the Notice to Bidders. Information for Bidders and Specifications of the Town of Los Gatos for: .72" ROTARY TURF MOWER. SPECIFY MAKE AND MODEL: 1 130.0. .4/ 301����7 L���Z f 0 3 t ,50 /5o 1� k rs 3 D LIST ANY EXCEPTIONS TO SPECIFICATIONS: <�o DA Ys n 5 790 06 1SS,30 TRADE -IN (1980 Toro GMT 200 Mower) 4 /50 .000 �1�95 The undersigned certifies that the Notice to Bidders, Information for aidders, bid Form and Equipment Specifications have been thoroughly read and understood, including any addenda thereto, and that there are no iiscrepancies or misunrerstandings as to the meaning, purpose or intent Df any provision in said documents as to the Town's intent or the interpretation of same. The undersigned further certifies and Acknowledges that the equipment offered in this bid shall be equipped in strict compliance, and shall otherwise be in conformance with the Town's Specifications, Information to Bidders, and Notice to Bidders, and the Town shall have the right to reject any equipment. which do not comply in ?ach and every particular. Submit manufacturer's desc literature and specifications wi►_h bid. .U1 Sia.•d. 1..• y .:,..••.e larpei•nr re;('.. ••t: 1,, ,�r uenb ral•rn r.umb.'t ,n r r.r_•A •1 ..nit. I t ama. r rc• r i'w •.u. t to ...l Prwar. A• 1e; a. ry r r,, u wt. r n 't( •thee Ina 0.sclos,ry .t1 r Su.'�a numb° ,s aan0a, 26018 ray n.a, r *r Is t000m r: ass ant IC ..Ira•. 011 AM 60' 01 SuuuOv r •,t the ^I�• oat c r ury D• 4 Set r n d tnr s 1 r rat Al O I d fedel.i Nnr• a Iwenue Clod* and k ayu'appn an 1a)4. t N lyb• un Set.nun 118 Title 11 of Pet Soc.& Secutay At I. as rm.•..n(10J The wc,a srcu•rer number Is used to wooly r U **raft Try ut uses •l1 the numeee snail tv to report payments to f °Gehl and Stara porarnnynls IA .'OICE;MUST +SNOW'PURCMASE. OBOE RNUMBER r ACCEPT PAYMENT ONLY BY;.CITY, REOWOOD CllI WARRAIMI WEST STAR DISTRIBUTING, INC. 2438 RADLEY COURT HAYWARD, CA 94545 MUNICIPAL SERVICES CENTER 1400 BROADWAY REDWOOD CITY, CA 54063-0391 (UNLESS STATED BELOW) MUNICIPAL SERVICES CENTER PARS DEPARTMENT 1400 BROADWAY 94063 -0319 147 INVOICE IN DUPLICATE TO DATE 07/29/86 CITY OF REDWOOD CITY ACCOUNTS PAYABLE P.O. BOX 391 REDWOOD CITY, CA. 940634491 so- 145' pE( O0O CITY CA sale3 ATTACKED APPENDX0.14 aA A 1I tom• TMIB ONOffR r SNOWCO MODEL 20-030 UTILITY TRAILER WITH FOLLOWING ACCESSORIES: MODEL 20 -246 WINCH KIT MODEL 91-790 TONGUE JACK LYNETTE EYE TYPE HITCH WHEEL CHOCK 20 -190 _s 4 1iTt' t:atit�I) h ail lOrttifal IERY AND RECEIVING INFORMATION: TER45 NET 30 PRICE BY JEAN rltract rvaulting from this Order stall be governed by Me laws of the state of Calllornie or codes of the liedwood City. Prices specified Include alt taxes and shalt not be Increased by failure of Seller 10 have e0 any applicable tas or as IM result of any change in Seller's tax uabfUty. No venation', deletions, price increase. changes or naxtdItahons snail be effective without written approval of ne Redwood City Purchasing Division. Address all cor ,1poridenCe and ecknowledyements pertaining to this moat to CITY OF REDWOOD CITY PURCINA$irvo DIVISION PO 00.391 ACCOUNT NO. 150 66120 95 SUB TUTAL TAX 6.5% l BY VE1QO,fi EMIT PRICE $2036.00 AMOUNT $6108.00 $6108.00 397.02 $6505.02 CITY OF RI OW TY DEPARTMEN NAME aintenance ORGANIZATION 3031 ACCOUNT NO. 6750 PROJECT Street M.tintcnance QUANTITY ARTICLES AND DESCRIPTION UNIT PRICE AMOUNT rl O rl rl rl r-) N r'1 rl tf) 125q Compressor per Santa'Qara Co. specs $8570.48 Air hose w.fittings 50.00 PB -90 90# Breaker, 14 shank 793.00 PB -60 60# breaker, 14 shank 707.00 TCD -30 Clay spade 7/8" 580.00 T -35 35# TAMP 550.00 Moil point l4 x 6 x 12 100.00 Round Clay spade 7/8" 75.00 5" A.C. cutter 11 x 6 z.5 75.00 Special paint, Omaha Orange 200.00 11,700.48 Tax 819.03 Total 12519.51 i°F Maintenance Supervisor ORDERED BY TO r olden State Equipment 4875 Fremont Blvd remont, Ca 94538 Gary Enrique TITLE 1. SEND TWO COPIES OF INVOICE. PURCHASE ORDER CITY OF SARATOGA 13777 FRUITVALE AVE. PHONE 867 -3438 SARATOGA, CALIFORNIA 95070 We will not assume responsibility for marterial shipped not covered by this order or not shipped according to instructions. Harry Peacock, 1 t_ r .C1.44 aWgrilRECTOR DELIVERY TO I CERTIFY THAT THERE IS A SUFFICIENT UNENCUMBERED BALANCE IN THE ABOVE ORDER. AND THAT FUNDS HAVE BEEN SET ASIDE FOR THE PAYMENT THEREOF. INSTRUCTIONS TO VENDORS CLAIM NO. THIS ORDER NOT VALID UNLESS APPROVED BY Y CLE PURCHASE 3 3 8 i ORDER NO. DATE 1/12/87 CITY OF SARATOGA 13777 FRUITVALE AVE. SARATOGA, CALIFORNIA 9507( a Trini Director aintenan 2. ACKNOWLEDGE THIS ORDER PROMPTLY, ADVISING WHEN SHIPMENT WILL BE MADE OR WORK PERFORMED. 3. SHOW PURCHASE ORDER NUMBER ON ALL INVOICES, PACKAGES, DELIVERY SLIPS AND ALL CORRESPONDENCE RELATIVE TO THIS ORDER. T T• CO THE T OF THIS VENDOR'S COP JuIIr Iv. NAME //V NAME 54-17 ADDRESS /i 7 2 1' ADDRESS CITY STATE CA, CITY STATE ZIP CODE c Y 5 a PHONE'/d) ff,G7 9j K ZIP CODE PHONE ORDER /e• TAKEN 8Y i DATE SHIPPED NO. SHIPPING TERMS: SHIP VIA ORDERED SHIPPED B.O. PART NO. DESCRIPTION SERIAL NO. UNIT PRICE TOTAL nt s 1 i -1.-at ...e-A.. 5-D L. L .aim a4A U 0`0 4 9'0 90 6X,i/ -t. j Z 79.1.or) 1 e C L,4 y Si"-sl-D.,c. 734 3 o-0. 3 T4 P SCo o-O M I X /7 0 L "P�, /Ay) I o o a-0 ieo U:t,a l:L. 4- S e4∎40 7 4 ir 4'0 1 c A r C'.- ur7/ ,e 1 /s,/ x 7s'I O 0 _j y o "i6P f'j 0.3 2 72--X i, Si STATE SALES TAX SHIPPING HANDLING TOTAL TOTAL GOLDEN STATE EQUIPMENT 44875 FREMONT BLVD. FREMONT, CALIFORNIA 94538 PHONE: 415 657 -0483 24 HRS. DATE 'a -7 N°_ 3103 THIS CONTAINS THE ENTIRE ORDER AND THERE ARE NO ORAL REPRESENTATIONS OR PROMISES DIFFERENT FROM OR IN ADDITION TO THOSE SET FORTH HEREIN. T om''"• Joan 99-2 -240 408- 299 9 DATE MAI 10 6-86 CLOSING DATE BID NUMBER QUOTATIONS Be RECEIVED 10 -24-86 1103940 UNTIL '3 P.M. e of Riot. yaw r• uga NUMB f 4 DAY C UN Y ITEM NUMBER AHTITY UNITS ITD I DESCRIPTION BRAND ANO TRACE NUMBER REQUESTED BRAND AND TRADE NUMBER OFFERED UNIT PRICE ExTEP4 5 Line Item- 774 ani 778 Air Compressors, Portable QUOTE 2 ea. Air Compressors, Portable, complete as follows: Grimmer Schmidt 1 ,}1, 1 Rated: Min. 125 CFM at 100 PSI6; gasoline driven; 0125Q or equal include the following as Standard Equipment: Gaugds: Air pressure, oil pressure, fuel, voltage, water temp; hourtmeter; H.D. air cleaner /service indicators; A.S.M,E. rated air receiver w/ safety oresure relief valve: Service valve outlets. hot and cold, 3/4'; EPA noise certification; anti- free ae. r RETURN TO. COUNTY OF SANTA CLARA n PURCHASING OUT. s >w' 1553 Berger Dr., San Jose. CA 95112 Te+.phons (101) 299.2121 INSTRUC T ION& t Use right -hand columns to complete bid in duplicate. a The endoaed SANTA CLARA COUNTY STANDARD TERMS ANO CONDITIONS form an Integral pert of this bid, I Prices must be F.O.D. destination. freight prepaid and allowed. unloaded to m. dock, unless otherwise specified. 4 Cash discount periods of less than 30 days VIN be considered net for bid evafuatton purposes. 5 Complete "brand and trade no columns. FaHur• to do so obligates you to suppty the brand and trade no. specified by the G. Complete tt. "Days Der column. State the promised Om* for deQvery M calendar days after receipt of order. 'PHONE FIRM Q r SIGNING THE ElooEIi a t 7.- 4CERTIFIES THAT HE HAS e.l. .i._te T READ AND UNDERSTOOD ADDRESS THE 850 DOCUMENTS ANO II AUTHORIZED _S. :?E r si-ie c 2 SIGNATURE IiolNT TMti is NOT AN ORDER INVITATION TO BID REQUEST FOR QUOTATION REQUEST FOR PROPOSAL THAT HE OrrERS ANO AGREES TO FURNISH THE GOODS AH0. SERVICES EPECIr :EO UNOEw THE PRICES MUST BE FOB DESTINATION TO: Transportati Agcy E. Yd. Heavy Equip Sho9.. 1505 Schallenberger Rd.. San Jose, CA 95131 CASH DISCOUNT TERMS TEF4r LESS1. 30 DAYS WILL BE CONSIDERED AS NET Tetept►onr. (408) 92121 i BID NUMBER UNIT PRICE PAGE 2 NUMBER of 4 EN- SION DAYS OEL I 1103940 •uNrr OR ITEM NUMBER WANT ITEM DESCRIPTION BRAND ANO TRADE NUMBER REQUESTED BRAND ANO TRADE NUMBER OFFERED ENGINE: •asoline, 4 c cle, 8 cylinder; 302 cu. i rr. displacement; 2300 RPM (governed); filters: air, oil, fuel; muffler wfrain cap; radiator; safety shutdown; hour meter; anit- freeze; 18 gal. fuel tan c. Electr Battery, 12V, M.O., Beg. ground; Electronic ignitioi. trot P• locking, weather proof. Locking tool box. ional r •L Required: i Single Hose Reel Lights: Stop, tall, directional Li Retractable 3rd wheel landing gear Line Oiler ting: Single axle _trailer type, 2 wheel,; including tow bir spring suspension; Pnuematic tires:: B- 78x13, on standard automotive rims. r Ho -Ina: Ngt less than 10 4a. metal /or double laminated fiberglass 1 wgather proof. hinged access w /built:in lock(s). r 1 1 to: COUNTY OF SANTA CLARA PURCHASING DEPT. 1553 Berger Or., San Jose. CA 95112 FIRM NAME EGolden State Equipment Co. N44875 Fremont Blvd. °Fremont, Ca: 94538 I t PAYMENr"TEHMS 20 Net 30 Destination .UANTITY (5) UNIT 2 'lent Terms From receipt of goods or invoice, whichever is later. 'large for packing or drayage will be allowed unless specified on this order. :-es with prepaid transportation charges exceeding $50.00 must be supported by original receipled bill. ,lions or changes to this order contact the person whose name is listed below. rase Order No must appear on all invoices, correspondence, containers, and packing lists. i ORDER IS SUBJECT TO COUNTY OF SANTA CLARA STANDARD TERMS 8 CONDITIONS AS THE ATTACHED, OR THE REFERENCED BID. ER QUESTION 10: BUYER NAME Joan Wade COUNTY OF SANTA CL PURCHASE ORDER VENDOR NUMBER 1017 ea Grimmer-Schmidt, Mod. 125Q -Air Compressors with listed options: 1. Single Hose Reel '2. Stop, Tail Directional Lights '3. Landing Gear 4. Line Oiler 5. Heavy duty Air Cleaner 'IN ACCORDANCE WITH BID #1103340 7% Sales Tax F.O.B. TELEPHONE NO. 299 -2409 DESCRIPTION ORDER DATE RA 12 -9 -86 B46X FREIGHT TERMS UILI TO SIIIP. 10 ADDRLSS IF INVOICE ADDRESS NOT SHOWN VENDOR REQUIRED DATE 1 -15 -87 gTA/East Yard -Heavy Equipme PAttn: Michael Guinnee T1505 Schallenberger Road San Jose, Ca. 95131 SHIP VIA Prepaid Allowed "Best Way" BRAND nt SI ;p PURCHASE ORDER.N6 P 104410 L.D. Clement ,4 .,,,r n, ..ra,,: wdh .,ti cnrubhinis specified herein Commons not specific:any ununrr.is0 are c.uvirscid in the bid rwled. PI,..os are F.Oti destination h,w „fa •t :.,..•i.hr a u, a -.c,y a.:J in anting below Santa Clara County Standard Terms and Conditions tFuen No u241) are hereby ni e a pdrt of this PO and and ava UNIT PRICE EXTENSION $,570.48 17,140.5 QUOTED BY UNTY PURCHASING MANAGER PURCHASE OHOE/i NLK.IIiir. MUST APPEAR ON ALL INVOICES PAL;nAi■ls AND PAPERS hLLnl,r TO THIS ORDER BID NUMBER 1103940 1,199.1 AMOUNT ENCUMBEHED 18,340.E Mad Invoices in Triplicate To TA /Finance, Room 209 P.O. Box 4009 Milpitas Ca. 950: -4005 ,0D SS• 1- 11 /L12;7'44 nib i P A. 4 tr 1 0, SHIP TO: O n 9 S'o,3S yap etp.."-C c 9 s %3,,` Y HIPPING i TYI 121 CODEI TERMS: S .5 Tie.CJ e- X PHONE: 0 1'9 oZ v CI" t SALESMAN: AA/ ENTITY DESCRIPTION AND SERIAL NUMBER UNIT PRICE TOTAL 2 /iLt f „r r u 1.4 ....1 t GriKA -i-le-ei y `af I/ -4 a) 4. 11 r. -6., v V .p-�- 7 ...c../4 ry .0,,r.e.4 ICI)a v1�' J /0a• 9( '#1. S9. V :t�: :...f r..: C::3 IT.At!U,.S Ur prommls tittieret“ 7iou■ lir i11 MLA..;.. /;3 1/43. ‘7!,2 GOLDEN STATE EQUIPMENT COMPANY, INC. E1 44875 FREMONT BLVD. FREMONT, CALIFORNIA 94538 PHONE: 415 -657 -0483 24 HRS. N2 6804 Date This contains the entire order and thou are no oral representations or promises different from or in addition to those wt fo.th herein. THIS ORDER IS SUBJECT TO AND CAN SE ACCEPTED ONLY BY GOLDEN STATE EQUIPMENT'S FINANCE MANAGER AT IT'S 1t••••1 iN ib +h-A.l 11NT 1F4-04•7 {a s• 40D SS' h o• /IL1 7 .v ,�,GC•_' p, SHIP TO: O .4- .�,...a�... 4��ou gee T n1 9 S r cJ.- 4'i g ..a1 ._,—i ;HIPPING IGTYI LP CODE) TERMS: Tie c-X PHONE: 9 oZ yp Y SALESMAN: A A ANTITY DESCRIPTION AND SERIAL NUMBER UNIT PRICE r TOTAL X MI 9, fl 5 1 1= C 3 a ooL011111v1.o1.1. i 1001017.0.111.1 GOLDEN STATE EQUIPMENT COMPANY, INC. 44875 FREMONT BLVD. FREMONT, CALIFORNIA 94538 PHONE: 415 -657 -0483 24 HRS. N°_ 6804 Date 'no This contains the entire order and those are no oral representations or promises different from or in addition to those set forth herein. THIS ORDER IS SUBJECT TO AND CAN BE ACCEPTED ONLY BY GOLDEN STATE EQUIPMENT'S FINANCE MANAGER AT ITS HOME OFFICE IN FREMONT. CALIFORMA... SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1,2 3# AGENDA ITEM U MEETING DATE: CITY MGR. APPROVAL ORIGINATING DEPT: City Attorney SUBJECT: Regulation of Street Vendors Recommended Motion: Introduction and adoption of ordinance regulating sales on public rights -of -way. Report Summary: The proposed ordinance constitutes a permanent regulation to replace the urgency ordinance adopted by the City Council on September 3. 1986, as described in the Memorandum from the City Attorney submitted herewith. Fiscal Impacts: None. Attachments: (a) Memorandum from City Attorney to City Council; (b) Proposed ordinance; (c) Urgency Ordinance 3E -23. Motion and Vote: INtroduced 4 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL ROBERT K. BOOTH, JR. STEVEN G. BAIRD ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (416) 967 -6941 M E M O R A N D U M TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney RE: Sales on Public Rights -of -Way DATE: February 3, 1987 J. M. ATKINSON, (1892-1962) L. NI. FARASYN, (1915-1979) Last year the Chamber of Commerce requested the City to regulate the activity of street vendors who were interferring with the conduct of its annual parade. Because there was insufficient time to follow the normal process for amending the City Code, Urgency Ordinance No. 3E -23 was adopted on September 3, 1986, and given immediate effect. The proposed ordinance is intended to replace the urgency ordinance and also serves to amplify some of the regulations contained therein. The ordinance basically prohibits any sale activity conducted within a public right -of -way except in the following cases: (1) Where the activity is conducted as part of a special event and is specifically authorized under the terms of a special event permit issued by the City pursuant to Article 10 -10 of the City Code; or (2) Where the activity is specifically authorized by a temporary use permit issued by the City pursuant to Article 15 -60 of the City Code. The ordinance will now require specific information concerning street vendors to be furnished with the application for a special event permit, and will allow the sponsor of a special event to control this activity through the issuance of identification cards to the authorized vendors. The proposed ordinance will supersede d specificall repeals Urgency Ordinance 3E -23. frA&j.A. Harold S. op' Saratoga City Attorney ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA ADDING SECTION 10 -05.055 RELATING TO SALES ON PUBLIC RIGHTS -OF -WAY, AMENDING SECTIONS 10- 10.020, 10- 10.030 AND 10- 10.070 RELATING TO SPECIAL EVENT PERMITS, AND REPEALING ORDINANCE NO. 3E -23 The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 10- 05.055, is added to Article 10 -05 of the City Code, to read as follows: "510 -05.055 Sales on public rights -of -way No person shall sell or offer for sale on public streets, sidewalks or rights -of- way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, unless such activity by that person is specifically authorized by a special event permit issued pursuant to Article 10 -10 of this Chapter or a temporary use permit issued pursuant to Article 15 -60 in Chapter 15 of this Code." SECTION 2: Paragraph (b) of Section 10- 10.020 in Article 10 -10 of the City Code is amended to read as follows: "(b) No person may engage in any of the following activity: (1) Participate in a special event for which a permit has not been issued. (2) Participate in a permitted special event in violation of the terms of the permit. (3) Participate in a permitted special event without the consent of the permittee. (4) Interfere with the orderly conduct of a permitted special event. (5) Sell or offer for sale on public streets, sidewalks or rights -of -way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee." SECTION 3: Paragraph (b) of Section 10- 10.030 in Article 10 -10 of the City Code is amended to read as follows: "(b) The application shall contain the following information: (1) Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor. (2) Description of the nature and purpose of the special event to be conducted. (3) Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate. (4) Date of the event and the hours during which it will be conducted. (5) Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted. (6) Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted. (7) Proposed sanitary facilities, if any are to be used, including toilet facilities, and the proposed method of sewage and refuse disposal. (8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food. (9) Description of any sales activity to be conducted upon public streets, sidewalks or rights -of -way, including the estimated number of street vendors, the nature, size and location of any booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in connection with the sales activity. (10) Number, types and locations of all loudspeakers or other sound amplifying devices to be used. (11) Method of notifying participants prior to the event of the terms and conditions of the permit. (12) Such other information as reasonably requested by the Community Services Director pertaining to the manner in which the proposed event will be conducted." SECTION 4: Section 10- 10.070 in Article 10 -10 of the City Code is amended to read as follows: "Permits issued pursuant to this Article may contain such conditions as deemed by the City Council to be necessary or appropriate for the orderly and safe conduct of the event, including, but not limited to, the following: -2- (a) Starting and ending times. (b) In the case of a festival: (1) The streets on which the festival will be conducted. (2) The number and location of booths, displays or other structures to be erected for the event and the design thereof. (c) In the case of a parade or footrace: (1) The assembly area and the time of assembly. (2) The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace. (3) The number and type of vehicles, floats, bands, marching units, pieces of equipment and animals. (d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rights -of -way. The holder of the special event permit shall issue to each vendor authorized to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to any law enforcement officer of the City or to any representative of the permittee requesting to inspect the same. (e) Number and location of sound amplifying devices and permitted level of amplification. (f) Number and location of persons required to control, direct and monitor the event. (g) Requirements and instruction for removal of any signs, equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event." SECTION 5: Ordinance No. 3E -23, entitled "An Emergency Ordinance of The City of Saratoga Prohibiting Sales On Public Rights -Of -Way During The Conduct of Special Events Except As Authorized By The Special Event Permit," is repealed, such ordinance having been superseded and codified by this Ordinance. SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 7: This Ordinance shall be in full force and effect thirty days after its passage and adoption. -3- 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 held on the day of 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK MAYOR EXECUTIVE SUMMARY NO. /c23 MEETING DATE: ORIGINATING DEPT: City Attorney SARATOGA CITY COUNCIL AGENDA ITEM CITY MGR. APPROVAL SUBJECT: Amendment to Ordinance Regulating Alarm Systems Recommended Motion: Introduction and adoption of new Article 6 -10 pertaining to alarm systems. Report Summary: The ordinance will require a permit for the installation and use of burglar and fire alarm systems (except for the early warning fire alarm system operated by the Saratoga Fire District). There will no longer be an automatic service charge upon the occurrence of every false alarm, but if/three or more false alarms should occur within any 12 -month period, the alarm permit may be revoked and the alarm owner will be subject to a monetary fine. Fiscal Impacts: Possible reduction in false alarm service charges now received by the City under the existing ordinance. However, this loss of revenue may be offset by the various fines which can be imposed for violations of the new ordinance. Attachments: (a) Memorandum from City Attorney to City Council; (b) Proposed ordinance. Motion and Vote: Staff recommendation 4 -0. (2/18/87) Amended ordinance as to 15- minute autcanatic shutoff and definition of false alarm; adopted ordinance 3 -2 (Clevenger, Moyles opposed). PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL ROBERT K. BOOTH, JR. STEVEN G. BAIRD ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney RE: Ordinance Concerning Alarm Systems and False Alarms DATE: February 3, 1987 J. M. ATKINSON, ((892-1982) L. M. FARASYN, ((915-1979) One of the items on our legislative calendar was the adoption of a new ordinance to replace Article 6 -10 of the City Code pertaining to burglar alarm systems. The existing code attempts to deal with the problem of false alarms by assessing a service charge against the alarm owner for each and every false alarm, regardless of the circumstances. Because the City incurs a cost from the Sheriff's Department for responding to a false alarm, the assumption is that the homeowner should rightfully pay this cost even though the false alarm may have been caused by a malfunction of his alarm system. Our existing ordinance has produced two end results. First, it has been a source of irritation for alarm owners who feel they should not be charged where the false alarm was an isolated event and could be attributed to excusable circumstances. Second a rather substantial number of false alarm service charges have been assessed but remain unpaid. Although these charges have been turned over to a collection agency, the amount involved would not justify a further expenditure of time on the part of the City staff or the City Attorney. Thus, the service charges remain unpaid. More importantly, the number of false alarms has not been reduced and the few systems which may represent a chronic problem are still in operation. The proposed ordinance closely follows a legislative approach successfully utilized in Rolling Hills Estates (which is, of course, purely coincidental). The basic features of this approach are as follows: (1) A permit will be required for the installation and use of an alarm system. (2) The permit is easily obtained over the counter and no fee will be charged. (3) False alarms will continue to be investigated, as presently, but the alarm owner will be given an opportunity to take corrective action. (4) An isolated false alarm will no longer be penalized, but if three false alarms should occur within any 12 -month period, the alarm permit may be revoked. In addition, the alarm owner will be subject to a monetary fine which can be imposed after the third false alarm during any 12 -month period. (5) Violation of the ordinance will constitute an infraction offense for which citations can be issued. However, the most effective tool of enforcement is likely to be the actual or threatened revocation of an alarm permit. Once the permit is revoked, the alarm system must be disconnected and cannot be utilized. The ordinance will apply to all burglar alarm systems presently installed within the City and the owners of these systems have been given a period of six months in which to obtain the necessary alarm permit. An alarm owner who neglects to obtain a permit during the initial six month grace period may still avoid the imposition of a penalty if he applies for an alarm permit within five days after being notified by the City that such permit is required. See Section 6- 10.120(a). It should also be noted that the ordinance does not apply to the early warning fire alarm system operated by the Saratoga Fire District. The District already maintains a list of all properties in which the system has been installed so there is no need for a separate permit to be issued. Moreover, the Fire District has not experienced any serious problems with respect to false alarms from the early warning fire alarm system. tali& k 1 Harol MIIIEVKp Saratoga City Attorney