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HomeMy WebLinkAbout07-10-1990 COUNCIL AGENDA STAFF REPORTSSARATOGA �C]ITY COUNCIL EXECUTIVE SUMMARY NO. le !4 AGENDA ITEM MEETING DATE: July 10, 1990 CITY MGR. APPROVAL 1 4064' ORIGINATING DEPT.: City Attorney SUBJECT: Adoption of 1988 Edition of the Uniform Fire Code and Model Toxic Gas Ordinance Recommended Motion: (a) Introduction of ordinance adopting 1988 Edition of Uniform Fire Code; (b) Reintroduction of ordinance amending the Fire Code to add Article 88 concerning toxic gases Second reading and adoption of both ordinances scheduled for the next Council meeting on July 24, 1990. Report Summary: The proposed ordinances will serve to adopt and modify the 1988 Edition of the Uniform Fire Code, augmented by the addition of the model toxic gas ordinance, as explained in more detail in the Memorandum from the City Attorney submitted herewith. Fiscal Impacts: Attachments: Motion and Vote: None. (a) Memorandum from City Attorney to City Council; (b) Proposed ordinance amending Article 16 -20 of the City Code to adopt and modify the 1988 Edition of the Uniform Fire Code; (c) Proposed ordinance amending the Fire Code by adding Article 88 concerning toxic gases. 11 ATKINSON • FARASYN ATTORNEYS AT LAW PAUL B. SMITH 660 WEST DANA STREET LEONARD J. SIEGAL P.O. BOX 279 HAROLD S. TOPPEL ROBERT K. BOOTH, JR. MOUNTAIN VIECALIFORNIA W, CALIFO 94042 STEVEN G. BAIRD (415) 967 -6941 M E M O R A N D U M TO: SARATOGA CITY COUNCIL FROM: HAROLD S. TOPPEL CITY ATTORNEY DATE: June 8, 1990 J. M. ATKINSON (1892 -1982) L. M. FARASYN (1915 -1979) RE: ADOPTION OF 1988 EDITION OF UNIFORM FIRE CODE AND MODEL TOXIC GAS ORDINANCE The Uniform Building Codes are revised and updated every three years and are then adopted by the City with any local modifications we desire to make. On December 20, 1989, Ordinance No. 71.72 was enacted by the City Council which adopted the,1988 Editions of the Uniform Administrative Code, Building Code, Plumbing Code, Mechanical Code, Housing Code, Abatement of Dangerous Buildings Code, and the 1990 Edition of the National Electrical Code. The 1988 Edition of the Uniform Fire Code was not included at that time because such code was being reviewed by Central Fire District and Saratoga Fire District. We have typically followed the process of requesting the Fire Districts to submit a joint report indicating the additions, deletions or modifications they desire to make to the Fire Code. This report has now been received and the requested changes are incorporated into the proposed ordinance adopting and modifying the 1988 Edition of the Uniform Fire Code. Most of the changes are the same as existing provisions in the City Code which modify the 1985 Edition of the Uniform Fire Code. Several additional provisions have been added which establish more stringent requirements than the Uniform Code. As a companion measure, the second ordinance will adopt the Model Toxic Gas Ordinance which has been circulated to all of the cities in Santa Clara County. This ordinance was introduced by the City Council on February 7, 1990, but the final adoption was delayed because the toxic gas regulations were being added as a local modification to the 1988 Uniform Fire Code. Subsequent to the introduction of this ordinance, some technical corrections were made and these corrections have been incorporated into a revised 1 draft dated May 15, 1990. In view of the technical changes and the long passage of time since the original introduction, I am requesting that the ordinance be reintro uced along with the ordinance adopting and modifying the 8 ire C d S. Tbpji61V Saratoga City Attorney 2 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1 F73 MEETING DATE: July 10, 1990 ORIGINATING DEPT: Engineering _ AGENDA ITEM 2(4 CITY MGR. APPROVAL SUBJECT: Landscaping and Lighting District LLA -1 (Existing) Recommended Action: The procedure on this matter is as follows: (1) The Mayor should first acknowledge the City Clerk's report concerning the publication and posting of notices. (2) Open the public hearing to receive any protest or comments to the proposed assessments. (3) Close the public hearing and consider any protest which may have been raised. The recommended action is that all protests should be overruled. (4) Adopt Resolution No. 2649.4 confirming and imposing the annual assessment. Report Summary: On June 6, 1990, the Council adopted Resolution No. 2649.2, "A Resolution of Preliminary Approval of Engineer's Report," and Resolution No. 2649.3, "A Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972." The final action for the assessment proceeding is the adoption of Resolution No. 2649.4 to overrule any protest and levy the assessment in accordance with the Engineer's Report. Fiscal Impacts: The cost for the administration, maintenance and servicing of the landscaping and lighting district are charged to the various zones within the district, based upon the benefit received. The assessements will be collected by the County as part of the property tax bill and proceeds thereof will be remitted to the City. Attachments: (1) Resolution No. 2649.4. (2) Engineer's Report (available in the City Clerk's Office) (3) City Clerk's report. Motion and Vote: pA RESOLUTION NO. 2649.4 A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1990 -1991 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 2nd day of May, 1990, said Council adopted its Resolution No. 2649, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1990- 1991" for the City of Saratoga Landscaping and Lighting District LLA -1, pursuant to the ,Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 2649; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 2649, including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Tuesday, the 10th day of July, 1990, at the hour of 7:30 p.m. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1990 -1991, and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard -1- P were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1990 -1991, be, and each of them hereby are overruled. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting District LLA -1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they hereby are, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 2649, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. -2- 8. That the assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. 9. That said Engineer's Report for Fiscal Year 1990 -1991 be, and the same hereby is, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adopted or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 10th day of July, 1990, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK P -3- MAYOR CITY CLERK'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Notices have been published and posted as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and posting are on file in my office. A copy of the Engineer's Report prepared by the City Engineer was filed in my office on May 31, 1990 and has been open to public inspection since that time. Dated: July 5, 1990% - City Clerk CITY CLERK'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Notices have been published and posted as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and posting are on file in my office. A copy of the Engineer's Report prepared by the City Engineer was filed in my office on May 31, 1990 , and has been open to public inspection since that time. Dated: July 5, 1990 City Clerk EXECUTIVE SUMMARY NO. AGENDA ITEM: :�A MEETING DATE:7/10/90 ORIGINATING DEPT.:Planninct CITY. MGR. APPROVAL SUBJECT: Annexation of Saratoga Country Club Recommended Motion: Approve the annexation application. Report Summary: The proposal calls for the annexation of a 51 acre parcel to the City of Saratoga City limits and urban services area. The applica- tion has been reviewed by the lead agency, LAFCO, which has pre- pared and adopted a Negative Declaration. Included in the Negative Declaration are recommended mitigation measures which shall be adopted as conditions on the subsequent use permit modification application requested by the Saratoga Country Club. The proposal has been deemed to have no significant environmental impacts which cannot be mitigated by measures suggested in the Negative Declara- tion. The project is consistent with State and LAFCO policies governing annexations. In addition, the proposal will be compati- ble with the current County land use designation and with existing uses surrounding the subject property. The parcel has automatical- ly been prezoned NHR, per Section 15- 85.110, to be consistent with adjacent parcels within Saratoga City limits. Fiscal Impacts: None Attachments: 1. Exhibit "A ", plans 2. LAFCO Report & Negative Declaration Row, 2,0 70 `� Motion and Vote: 0919W O §&MZ19Q)(5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Mayor & City Council DATE: 7/10/90 FROM: Stephen Emslie, Planning Director SUBJECT: Annexation of Saratoga Country Club ----------------------------------------------------------------------------- Background The project site is located at the western end of Prospect Road and is bounded on the east by the portion of Saratoga Country Club currently located within the Saratoga City limits. The north and west are properties owned by the Mid - Peninsula Open Space District, including the hiking, equestrian and natural area known as Fremont Older Open Space. The Saratoga Country Club is requesting annexation of a 51 acre parcel to the City of Saratoga. The intent of the proposal is to consolidate ownership under one jurisdiction. Environmental Review An initial study has been prepared by LAFCO, the lead agency for the application. The environmental assessment stemming from this study identified impacts and suggested mitigation measures. These measures include standard conditions for grading and drainage and a request by Santa Clara County Parks for a 25 foot wide trail ease- ment. Measures concerning tree preservation, landscaping and construction hours are similar to standard City conditions. The overall assessment was that this project will not have a signifi- cant impact on the environment as long as the mitigation measures are incorporated as conditions to the subsequent use permit modifi- cation for the Saratoga Country Club. A Negative Declaration was prepared by LAFCO and a copy is attached. A monitoring program compliance report must be submitted to LAFCO at the time of use permit application that will indicate the impacts identified in the Initial Study have been mitigated. For more in depth analysis, the Environmental staff report prepared by LAFCO is attached. Project Analysis: The project is consistent with State and LAFCO policies which concern orderly growth and development. The project is also consistent with the current County General Plan land use designa- tion of hillside. This designation allows for low density resi- dential uses. The parcel has automatically been prezoned to be compatible with contiguous parcels in the NHR (Northwestern Hillside Residential) zoning district. The zoning will allow potential residential development at a densi- ty of 1 unit per two acres depending on slope; which is higher than the current County allowance of 1 unit per 20 to 160 acres depend- ing on slope. The site is currently used as a golf course, which is a compatible, low intensity use with the open space parcels sur- rounding the project site. Future expansion plans include reloca- tion and lengthening of the golf courses, new fairways and the addition of a driving range and a manmade lake. Although a golf course is not a permitted or a conditional use in the NHR district, the Country Club has previously been granted a use permit to expand the existing clubhouse.and the future expansion could be considered a modification of this permit. This annexation will not affect the ability of local agencies to provide facilities and services. The parcel is and will continue to be served by the Central Fire Dis- trict and the County Sheriff's Department. Recommendation: Staff recommends approval of the annexation application. Stephen Emslie Planning Director SE /gw /dsc Attachments: 1. LAFCO Report & Negative Declaration RESOLUTION NO. 41 -11 JU14 27 19-911 OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SANTA CLARA MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED AS SARATOGA COUNTRY CLUB RESOLVED, by the Local Agency Formation Commission of the County of Santa Clara, State of California, that WHEREAS, a proposal for the annexation of certain territory to City of Saratoga to the County of Santa Clara, consisting of 51 acres on the south side of Prospect Road west of Rolling Hills Road, APN 366- 29 -07, has been filed with the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including his /her recommendation thereon, the proposal and report having been presented to and considered by this Commission; and WHEREAS, It has been determined to the satisfaction of this Commission that all owners of land included in the proposal consent to this annexation. NOW, THEREFORE, the Local Agency Formation Commission of the County of Santa Clara DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 1. ENVIRONMENTAL DETERMINATIONS: (a) Adopt the Negative Declaration on the Saratoga Country Club proposal and make the following findings: (1) As lead agency, LAFCO has reviewed and considered the Initial Study prepared for this project; (1i) The Negative Declaration, completed in compliance with CEQA, 1s an adequate discussion of the environmental impacts of the project; (iii) The significant environmental impacts identified in the Initial Study can be mitigated, by design or conditions, to a less than significant level. (IV) The proposed mitigation measures listed in the Negative Declaration cannot be established as conditions by LAFCO. However, these or equivalent measures are within the responsibility of the City of Saratoga and can be adopted by that jurisdiction. - (b) Adopt the Monitoring Program prepared by the County Advance Planning Office to ensure that significant impacts identified in the Initial Study are mitigated to a less than significant level. 2. The boundaries, as set forth in the proposal, are hereby approved as submitted and are described in Exhibit "A" attached hereto and by this reference incorporated herein. The territory is found to be uninhabited, and is assigned the following distinctive short form designation: Saratoga Country Club. 3. City of Saratoga in the County of Santa Clara is designated as the conducting authority, and its City Council is hereby authorized to conduct subsequent proceedings without notice and hearing in compliance with this resolution. 4. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. PASSED AND ADOPTED by the Santa Clara County Local Agency Formation Commission this 11th day of April, 1990, by the following vote: AYES: Commissioners Lofgren, NOES: Commissioner None ABSENT: Commissioners ATone ATTEST: Deputy Cl rk of the Board of Supervisors Attached: EXHIBIT "A" winckler, sancilez, Feac', Tailsor hai erson Loc 0 gency Pbrmation Commission I EXHIBIT A ANNEXATION TO CITY OF SARATOGA NAME OF ANNEXATION DAT BEGINNING AT THE MOST NORTHWESTERLY CORNER OF THE BOUNDARY OF THE ORIGINAL INCORPORATION OF CITY OF SARATOGA, SAID POINT BEING A 1 INCH IRON PIPE SET IN THE EASTERLY LINE OF THE WEST 1/2 OF THE NORT14WEST 1/4 OF SECTION 35 TOWNSHIP 7 SOUTH, RANGE 2 WEST, M.D.B. AND M.,; THENCE ALONG THE WESTERLY BOUNDARY OF THE ORIGINAL INCORPORATION SOUTH 00 51'05" EAST, 386.45 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY FROM SAID POINT OF BEGINNING ALONG THE BOUNDARY OF THE ORIGINAL INCORPORATION SOUTH 0 051'05" EAST, 2269.95 FEET TO A 1 INCH IRON PIPE; THENCE WESTERLY ALONG THE BOUNDARY OF THE ORIGINAL INCORPORATION SOUTH 88 °53'25" WEST, 942.96' FEET TO A 1 INCH IRON PIPE; THENCE LEAVING THE CITY BOUNDARY NORTH 0 051'05" WEST, 2223.53 FEET TO A 1 INCH IRON PIPE; THENCE NORTH 20 25'05" WEST, 84.10 FEET TO A 1 INCH IRON PIPE; THENCE NORTH 56 °31'55" EAST, 50.04 FEET TO A 1 INCH IRON PIPE; THENCE NORTH 72 040'25" EAST 249.51 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 0 025'25" WEST, 50.72 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 83 007'05" EAST, 192.70 FEET TO A 1 INCH IRON PIPE; THENCE NORTH 9 037'35" EAST, 175.45 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 61001 05" EAST, 159.63 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 45 022'25" EAST 137.90 FEET TO A 1 INCH IRON PIPE; THENCE SOUTH 66° 11' 35' EAST, 11.8 . 13 FEET TO A 1 INCH IRON PIPE; AND NORTH 89 °08'55" EAST, 99.58 FEET TO THE POINT OF BEGINNING AND BOUNDARY OF CITY OF SARATOGA. WESTFALL ENGINEERS, INC. REVISIONS: BY: (DATE) (INITIALS) THE F-o"'E. GING INSTRU.ViENT IS A Cf -''RY OF THE ORIGINAL M. RAINS c:;, B'-r,kD OF SUPEr;Vf OR QY Deputy Clerk ^ATE: C� /�"�� /� i r• ... ........ i t RHS P.. HS HS N SARA -U$A I Rpm- - • `ter•�� �� I t f /0 V 500' .. :. '.:'• HS SARATOGA •ti} Existing Sar oga ''`•;''' COUNTRY Mid - Peninsula CLUB 7 Regional Ope pac PROJECT <• Z. e District Country Club . f ��ll Exist g SA RA U r Q A R .TOGA ........ ... . . . . . . . . . . . 8`VV..77 \// � �A y.. Proposed SARA USA is Exist g SA RA U r Q A R .TOGA County of Santa Clara Local Agency Formation Commission County Government Center, East wing 70 west Hedding Street . San Jose. California 951 10 (408) 299-4321 April 4, 1990 TO: LAFCO FROM: Autumn H. Arias, Assistant Executive Officer SUBJECT: Saratoga Country Club - Agenda Items 9 & 10. RECOMMENDATION: 1. Action on Negative Declaration: a. Adopt the Negative Declaration on the Saratoga Country Club proposal (Agenda Items 1 & 2) and make the following findings: (1) As lead agency, LAFCO has reviewed and considered the Initial Study prepared for this project; (2) The Negative Declaration, completed in compliance with CEQA, is an adequate discussion of the environmental impacts of the project; (3) The significant environmental impacts identified in the Initial Study can be mitigated, by design or conditions, to a less than significant level. (4) The proposed mitigation measures listed in the Negative Declaration cannot be established as conditions by LAFCO. However, these or equivalent measures are within the responsibility of the City of--Saratoga and can be adopted by that jurisdiction. b. Adopt the Monitoring Program prepared by the County Advance Planning Office to ensure that significant impacts identified in the Initial Study are mitigated to a less than significant level. 2. Approve the expansion of the Saratoga Urban Service Area to include Assessor Parcel No. 366 -29 -07 (Agenda Item # 9). 3. Approve the Saratoga Country Club's request to annex APN 366 -29 -07 to the City of Saratoga, authorizing the City to act as conducting authority without notice and hearing (Agenda Item # 10). Commissioners: Zoe Lofgren, Susanne Wilson, Joe Head. Barbara Winkler, Sig Sanchez LAFCO SARATOGA COUNTRY CLUB APRIL 4, 1990 PAGE 2 BACKGROUND: The Saratoga Country Club has requested annexation of an approximately 50 acre parcel (Assessor's Parcel No. 366- 29 -07) to _ the City of Saratoga, consolidating ownership under one jurisdiction to facilitate the expansion of their existing nine -hole golf course. In order to conform with LAFCO's policy of encouraging annexation to take place within the urban service area (USA) of a city, concurrent application is being made for inclusion of this parcel into Saratoga's USA. The project site is located at the western terminus of Prospect Road and is bounded on the east by Saratoga Country Club, a nine -hole golf course and club house, which is located within the City of Saratoga (see attached map). The properties adjacent to the north and west sides of the site are owned by Midpeninsula Regional Open Space District. This portion of the District is known as the Fremont Older Open Space Reserve, an open space area providing hiking and equestrian trails. The expansion plans include the relocation and lengthening of the golf course's nine fairways and the addition of a driving range. In addition, a man -made lake would be constructed. ENVIRONMENTAL REVIEW: An Initial Study has been prepared under the direction of LAFCO, which is the Lead Agency for this proposal. The Initial Study identified potential impacts and necessary mitigation measures (pp. 10 -28). The Initial Study determined that the project will not have a significant effect on the environment as long as mitigation measures are incorporated into the project by design or by conditions imposed by the City of Saratoga. In order to adopt the Negative Declaration for this proposal, the Commission must also adopt a Monitoring Program, which outlines the scope of mitigation measures the City will need to impose upon the project. The City will submit a compliance report to the LAFCO Environmental Planner at the time of use permit application or modification of the existing clubhouse use permit, to indicate that the significant impacts identified in the Initial Study have been mitigated. For further information, see the attached Environmental staff report. LAFCO SARATOGA COUNTRY CLUB APRIL 4, 1990 PAGE 3 The Initial Study, Negative Declaration and Monitoring Program are included in your packet, as background information to the Environmental staff report on this proposal. Also included are the two public comments received regarding the project, from the County Parks and Recreation Department and the Midpeninsula Regional Open Space District, and the responses of the County Advance Planning Office. ANALYSIS OF PROPOSAL: The proposal is generally consistent with State and local LAFCO policy which encourages orderly growth and development. The annexation will promote logical outward expansion of the City in an area which is unsuited for agriculture and contains no Class I or II soils. The proposal is consistent with the County General Plan land use designation of Hillside for this parcel, which includes low- density recreational facilities within its allowable uses. The City's. prezoned_ land. use designation ,.is,..Open.,Space: Private, implemented by its Northwestern Hillside. Residential District: "' As such,.it is important to note that the annexation action will result in a City land use designation which allows residential development at a density of 1 unit per 2 to 10 acres, depending upon slope percent, which is substantially higher than the current County density restriction.of 1 unit per 20 to 160 acres, dependent upon slope percent. However, the proposed project is for a recreational facility, which is much more in keeping with the open space character of . the surrounding area than residential development. Although a golf course is not a permitted or conditional land use in the Hillside Residential District, the City previously granted a use permit to the existing golf course for the expansion of their clubhouse, and has expressed that a modification of this existing use permit would be sufficient for the expansion of the golf course. The project would not compromise the ability of local agencies to provide adequate facilities and services. The increased demand for water and storm drain facilities is not significant. Upon annexation, fire and police protection would continue to be provided by the Central Fire District and the County Sheriff's Department, respectively. The parcel's current and proposed tax LAFCO SARATOGA COUNTRY CLUB APRIL 41 1990 PAGE 4 rate areas are both serviced by the same districts, as listed in the Initial Study. The County General Fund would be minimally impacted'by the loss of property tax assessment on this parcel. As the proposal promotes annexation and development of territory which is currently outside the Urban Service Area, it is inconsistent with local policy guidelines which encourage infill of vacant land within City limits before development in fringe areas. However, as a recreational facility, the nature of the project is much more compatible with the surrounding hillsides than most other forms of development. Therefore, staff recommends expansion of the Saratoga USA to include this parcel, as well as annexation to the City. County of Santa Clara Department of Planning and Development Advance Planning Office County Government Center, East Wing 70 West Hedding Street San Jose, California 951 10 (408) 299.2521 A9e41Ac L +erns rc Prepared by: Muriel Fulford M4- Approved by: Hugh Graham C�i1 S Thursday, March 15, 1990 To: The Santa Clara County Local Agency Formation Commission From: Department of Planning and Development, Advance Planning Office Subject: Saratoga Country Club Annexation - Environmental Assessment RECOMMENDED ACTION: 1. The Commission approve the Negative Declaration. 2. The Commission adopt the Monitoring Program. FINDINGS: 1. The Commission has reviewed and considered the Initial Study prepared for this project. 2. The significant impacts identified in the Initial Study can be mitigated to a less than significant level. 3. The proposed mitigation measures listed in the Negative Declaration cannot be established as conditions by LAFCO. However, these or equivalent measures are within the responsibility of the City of Saratoga and can be adopted by that jurisdiction. REASONS FOR RECOMMENDATION: An Initial Study has been prepared for this project and it was determined that problems associated with grading and drainage, water quality and the removal of native vegetation could cause significant impacts unless mitigated. The Initial Study proposes mitigation measures which could reduce these impacts to a less than significant level. The proposed Monitoring Program will ensure that these measures, or measures proposed by the City of Saratoga to achieve the same mitigation, are implemented. With appropriate mitigation measures, the project will not have a significant effect on the environment, and a Negative Declaration is recommended. Board of Supervisors: Susanne Wilson, Zoe Wgren, Ron Gonzales. Rod Di ddon, Dianne McKenna County Executive: Sally R. Reed BACKGROUND: AB 3180 requires that all mitigation measures that are proposed to reduce a significant environmental effect to a less than significant level must be monitored. Since an annexation approval may not be conditioned, the implementation of the mitigation measures will be carried out by the City of Saratoga, who will be considering the application for a Use Permit for expansion of the Country Club. The City of Saratoga will review the Initial Study before making a decision regarding the proposed project, and any approvals must include measures to reduce the significant impacts. These measures may either be as recommended in the Initial Study, or by other means satisfactory to the City, provided the result is the reduction of the impacts to a less than significant level. The City of Saratoga shall provide LAFCO with a copy of the Use Permit, including all conditions of approval, demonstrating that the necessary mitigation measures have been incorporated into the project. The attached letter has been received from the County Parks Department regarding concerns related to the expansion of the Country Club. A copy of this letter has been sent to the City of Saratoga for referral during the Use Permit application review. cc: Leode G. Franklin, Director, Planning & Development Dept. Robert L. Sturdivant, Chief Planning Officer City of Saratoga County of Santa Clara, California s Advance Planning Office s Environmental Planning Section Proposed Negative Declaration A notice, pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Cade 21,000, et sec.) that the following project when implemented will not have a significant impact on the environment: File Number APN(s) PLEIIIIIIIIIIII N.A. 366 -2"? 01 /08/90 Project Name Project type SARATOGA COUNTRY CLUB ANNEXATION RECREATIONAL Owner Applicant SARATOGA COUNTRY CLUB SAME • .. • The western terminus of Prospect Road adjacent to the city of Saratoga It Description _J Annexation of a 50 acre parcel for expansion of golf club facilities, including tees, greens, fairways, driving range and a man -made lake. Basis for Negative Declaration Recommendafion- The Environmental Planning Section of the Department of Planning and Development has reviewed the initial study for the project and, based upon substantial evidence in the record, finds that the proposed project could not have a significant effect on the environment, or, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case since the mitigation measures have been added to the project. Purpose The purpose of this notice is to inform you that the Environmental Planning Section has recommended that a Negative Declaration be approved for this project. Final action will be taken on this proposed Negative Declaration by the County of Santa Clara Local Agency fwmadon Commisslon final decsionmaker Any interested person may submit comments concerning this Negative Declaration, and the basis for the determination of no significant impact on the environment. on or before the date of final action. Such comments should be based on specific environmental concerns. If the Negative Declaration is approved, the decision may be protested upon filing an appeal with the Current Planning Office. it should be noted that approval of a Negative Declaration does not constitute approval of the project under consideration. The decision to approve or deny the project will be made separately. i' i County of Santa Clara, California • Advance Planning Office s Environmental Planning Section An asterisk is pi. beside those measures necessary to mitigate or avoid sign icant environmental effects: A rlorting or mond.oring program must be adopted for these measures at the time the Negative; Declaration is approved 'according to the requirements of Section 21081.6 of the. Public Resources Code j 1.* Recommendations for site development and grading Included In the soil and geologic Investigation shall be incorporated into the grading plans for the proposed project. 2' Drainage plan shall be subject to review and approval of the City of Saratoga Engineer prior to City approval OF THE golf course expansion, to ensure that no runoff contaminates the creek or MROSD property. V Mature oaks and bay trees with a trunk diameter exceeding 12" should be preserved. If any such trees must be removed, they shall be replaced at a ratio of 3 new trees for each mature tree destroyed. V Apart from the necessary grass areas, native plant species should be used In the landscaping. 5' In accordance with the Regional Parks, Trails and Scenic Highways element of the County General Plan, the applicant shall dedicate two 25 ft. trail easements to the County Parks Dept., final alignment to be agreed upon by applicant and Parks Dept. 6.' Applicant shall provide the Saratoga Planning Department with groundwater quality analysis at regular Intervals to be determined at the time of project approval. 7.• A 501t. building setback shall be established from the edge of the riparian area along Prospect Creek and the setback area should be left In as natural a condition as possible. 8. Site development plans shall incorporate safety features to protect nearby residents and park users for the hazards of flying golf balls. 9. To minimize construction noise Impacts on nearby residents, project grading shall be limited to daytime working hours Monday through Friday. 10. Water conservation measures, such as rain sensors, shall be Incorporated Into the project design. • . . • . .. . -:. 53r :.iannpna,sa Oe0t d Fsh f Gann MR0S3 any d sarampa San Jar Water C rnwV San= Cara cou+q Parks Dept • • From: Jan.10 1990 o: Feb. 9 1990 All comments regarding the correctness, completeness, or adequacy of this Negative Declaration must be received by the County of Santa Clara, Department of Planning and Development, Environmental Planning Section, County Ad.-mnistration Building, 70 W. Hedding Street, San Jose, CA 95110, Tel (408) 299 -2521. Action scheduled before the :Local Agency Formation Commission on: March 14. 1990 riel Fulford, Associate Planner Graham, Senior Planner Sr i4Zzmal -1 U`7 ature date �= A, qv date County of Santa Clara Department of Planning and Development Advance Planning office County Government Center. Fast wing. 70 west Hedding Street San Jose. California 951 10 (408) 299-2521 MONITORING PROGRAM Project Title: Saratoga Country Club Annexation File No.: N.A. Date Prepared: March 13, 1990 Prepared by: Muriel Fulford Approving Body: Santa Clara Co. LAFCO Hearing Date: April 11, 1990 Person Assigned to Monitor Project*: Muriel Fulford, S.C.Co. 'Two copies of reports related to this project must be sent to the designated monitor. The second copy will be placed in the master file. The project being considered by LAFCO - the annexation of land to the City of Saratoga - will not, of itself, have any environmental impacts. Because the approval of this annexation may lead to further development within the annexation area Lead Agency and has been responsible Study to analyze the potential impacts Although LAFCO may not condition an use issues, they are required to adopt that the significant impacts identified to a less than significant level. LAFCO has taken the role of for the preparation of an Initial of the Country Club expansion. annexation with respect to land a monitoring program to ensure >tn the Initial Study are mitigated The Initial Study prepared for the above project will also be referred to by the City of Saratoga as a responsible agency when reviewing any application for a Use Permit for the proposed Country Club expansion. The City will review and consider the Negative Declaration adopted by LAFCO, and must mitigate the significant impacts identified in the Initial Study. This can be accomplished either by the measures proposed in the Initial Study or by similar measures proposed by the City which can be implemented within their normal procedures and processes, provided Board of Supervisors: Susanne Wilson, Zoe Lotgren, Ron Gonzales. Rod Dirldon. Dianne McKenna County Executive: Sally R. Reed the result is the lessening of the significant impacts to a less than significant level. It is therefore at the Use Permit stage that the actual mitigation measures will be determined and implemented. After approval of the Use Permit for the Saratoga Country Club expansion, the City of Saratoga shall send to LAFCO, in care of the above named monitor, the following documentation: 2 copies of the Use Permit for the expansion of the Saratoga Country Club, demonstrating that the significant impacts identified in the Initial Study have been mitigated to a less than significant level by conditions of approval and /or project design f ` �+G 1 7 3 AFFIDAVIT OF POSTING NOTICES STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) Grace E. Cory , being duly sworn, deposes and says: that she is a citizen of the United States, over the age of 18 years, that at all times herein mentioned she was an employee of the City of Saratoga, that on the 7th day of June , 1990, she caused a copy of the attached notice to be posted as follows: Kiosk at City Hall Dated at Saratoga, California, this 7th day of June , 1990. PROOF OF PUBLICATION (2015.5 C.C.P. s'rATE OF CALIFORNIA, County of Santa Clara am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the SARATOGA NEWS 10950 N. Blaney Ave., Cupertino, California, a newspaper of general circulation, printed every Wednesday in the city of Cupertino, California, County of Santa Clara, and published in city of Saratoga, California, County of Santa Clara; and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Santa Clara, State of California, under the date of February 7, 1964, Case Number 328148 that the notice of which the annexed is a printed copy (set in type not smaller than non - pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: all in the year 19 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Cupertino, California, this 6/;!V 19� Signature This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION OF az ) o - ) (�- Jt h J" l r Signature This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION OF az ) o - ) (�- Jt h J" l RESOLUTION NO. 2649.3 A RESOLUTION OF IN- TENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PUR- SUANT TO THE LAND- SCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Fiscal Year 1990 -1991 RESOLVED, by the City Council of the City of Sa- ratoga, California, as fol- lows: WHEREAS, pursuant to Resolution No. 2649, "A Resolution Describing Im- provements and Directing Preparation of Engineer's Report for Fiscal Year 1990 - 1991" for City of Sa- ratoga Landscaping and Lighting District LLA -1, adopted on May 2, 1990, by the City Council of said City pursuant to the Land- scaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 2649, which said report has been sub- mitted and preliminarily ap- proved by this Council in accordance with said Act; NOW THEREFORE, it is hereby found, deter- mined and ordered, as fol- lows: 1. In its opinion the pub- lic interest and convenience require and it is the inten- tion of this Council to order the levy and collection of assessments for Fiscal Year 1990 -1991 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Divi- sion 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, in- cluding the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto at- tached and by reference in- corporated herein. EXHIBIT "A" a) The construction or installation, including the maintenance or servicing, or both, thereof within Zones 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 17, and 18 of landscaping, including trees, shrubs, grass or other ornamental vegeta- tion, statuary, fountains and other ornamental structures and facilities, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, in- cluding cultivation, rr ga- non, trimming, spraying, fer tilizing or treating for dis- ease or injury, the removal of trimmings, rubbish, de- bris and other solid waste, water for the irrigation of any landsca� prig, the opera- tion of any fountains or the maintenance of any other improvements. b) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 4,5,6 and 7, of pub- lic lighting facilities for the lighting of any public plac- es, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insu- lators, contacts, switches, capacitors, meters, commu- nication circuits, applianc- es, attachments and appur- tenances, including the cost of repair, removal, or re- placement of all or any part thereof, electric current or energy, gas or other illumi- nating agent for any public lighting facilities or for the lighting or operation of any other improvements. c) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 8, 16, 19, 20 and 21 of landscaping, including trees, shrubs, grass or other ornamental vegeta- tion, statuary, fountains and other ornamental vegeta- tion, statuary, fountains and other ornamental structures and facilities and public lighting facilities for the lighting of any public plac- es, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insu- lators, contacts, switches, capacitors, meters, commu- nication circuits, applianc- es, attachments and appur- tenances, including the cost of repair, removal or re- placement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, in- cluding cultivation, irnga- bon, trimming, spraying, fer- tilizing or treating for dis- ease or injury, the removal of trimmings, rubbish, de- bris and other solid waste, electric current or lighting facilities or for the lighting or operation of any other improvements, water for the irrigation of any land- scaping, the operation of any fountains or the main- tenance of any other im- provements. 2. The cost and ex- penses of said improve- ments, including the main- tenance or servicing, or both, thereof, are to be made chargeable upon the assessment district desig- nated as "City of Saratoga Landscaping and Lighting District LLA -1" the exterior boundaries of which are the composite and consoli- dated areas as more partic- ularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general lo- cation of said district. 3. Said Engineer's Re- port prepared by the Engi neer of said City, prelimi- narily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assess- ment district and any zones therein, and the proposed assessments upon assess- able lots and parcels of land within the district. 4. Notice is hereby given that Tuesday, the 10th day of July, 1990, at the hour of 7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hear- ing by this Council on the question of the levy and collection of the proposed assessment for the con- struction or installation of said improvements, includ- ing the maintenance and servicing or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any inter- ested person at or before the conclusion of said hear- ing, against said improve- ments, the boundaries of the assessment district and any zone therein, the pro- posed diagram or the pro- posed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and fi- nally act upon the Engi- neer's report. 5. The Clerk of said City be, and hereby is, directed to give notice of said hear - ing by causing a copy of this Resolution to be pub- lished once in the Saratoga News, a newspaper pu lished and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing speci- fied herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular of- fice hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or, by calling (408) 867- 3438. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 6th day of June, 1990, by the following vote of the members thereof: AYES: Councilmembers Anderson, Moyles, Peter- son, Stutzman and Mayor Clevenger. NOES: None ABSENT: None /s /: Martha Clevenger Mayor Attest: Grace E. Cory City Clerk Pub.: 6-27-90 210 -SG