HomeMy WebLinkAbout12-07-1983 CITY COUNCIL AGENDACITY Ur SeiltE�iCX�A
Initial:
AGENDA BILL NO. J�-T Dept. Hd.
DATE: November 16,.1983 (Dec. 7, 1983) C. Atty.
DEPARTMEVT:.Comuunity Development C. Mgr.
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SUBJECT: CONSTRUCTION ACCEPTANCE FOR TRACT 6605, Springbrook Lane
Issue SunToxy
The public improvements required for the subject Tractor Building Site have been
satisfactorily completed. This "Construction Acceptance" will begin the one (1)
year maintenance period.
Q
Recommendation
Grant "Construction Acceptance" to the subject Tract or Building Site.
Fiscal Impacts
None
E: ch ibi t s /Att achnim is
1. Memo describing development and bond.
Council Action
12/7: Ammvc -rl nn C'nnGPnt. C'a 1 Pl'9ar A-n_
L�
II�i1�E�iM�OO R A N D l 1 ►Vii
09,fff o2 O&MUZOO&
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867 -3438
TO: City Council DATE: November 15, 1983
FROM: Director of :Community Development
SUBJECT: Construction Acceptance for TRACT 6605
Name & Location: Gera, Springbrook Lane
Public Improvements required for TRACT 6605
have been satisfactorily completed. I, therefore, recommend the
City Council accept the improvements for construction only.
This "construction acceptance" will begin the one (1) year maintenance
period. During that year, the improvement contract, insurance and
improvement security will remain in full force.
The following information is included for your use:
1. Developer: Marko Gera
Address: 19120 Springbrook Lane
Saratoga, CA 95070
2. Improvement Security:
Type: Suretv Bond
Amount: $32,000
Issuing Company:Continental Insurance Company
Address: 1600 willow Street
San Jose, CA 95125
Receipt, Bond or Certificate No.: BND 210 63 67
3. Special Remarks:
RSS /dsm
jegrtS. Shook
CITY OP &VAT Gu
r _
AGII- NDA DILL NO. ` -
DAT
E: December 5, 1983
DEP,,V,- ,IENT: City Attorney
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SUBJECr• Amendment to Sections 2 -14 and 2 -16 in Chapter 2 of the Saratoga City
Code, relating to the procedure for introduction of resolutions and
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Issue Sumnary At its study session on November 22, 1983, the City Council directed the City
Attorney amend the administration provisions of the City Code to provide that resolutions
could be introduced by any councilmember and ordinances could be prepared and submitted
to the Council for consideration upon a directive from a.majority of the Council, request
by the City Manager or the City Attorney on his own initiative. The proposed amendment
to Sections 2 -14 and 2 -16(a) is intended to accomplish this result. With respect to
Section 2 -14, the amendment requires a directive from the City Council which can be
given through the expression of a concensus rather than a formal vote.
Initial:
Dept. Hd..
C. Atty.`
C. Mgr .Q
Reccmrnndation
•
Fiscal Impacts
Consider proposed ordinance and adopt if desired.
E:dlibits /Attachm--nts
None.
(1) proposed ordinance; (2) staff report to City
Council dated November 18, 1983; (3)
amended.
Council Action
Copy of existing code sections being
1/4: Fanelli /Moyles moved to introduce and read by title only. Passed 5 -0.
r�
ORDINANCE NO.
• AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTIONS 2 -14 AND 2 -16(a) IN ARTICLE 11, CHAPTER 2 OF
THE SARATOGA CITY CODE, RELATING TO THE
PRESENTATION OF RESOLUTIONS AND ORDINANCES
The City Council of the City of Saratoga does ordain as follows:
SECTION 1: Chapter 2, Article II, Section 2 -14 of the City Code is hereby
amended to read as follows:
"Sec. 2 -14. Preparation of Ordinances.
All ordinances considered by the City Council shall be
prepared by or under the direction of the city attorney. No
ordinance shall be prepared for presentLtion to the City Council
unless directed by a majority of the City Council or requested
by the city manager or prepared by the city attorney on his own
initiative."
SECTION 2: Chapter 2, Article II, Section 2 -16(a) of the City Code is hereby
amended to read as follows:
"(a) Ordinances prepared in accordance with Section 2 -14
• and resolutions and other matters requiring action by the City
Council must be introduced and sponsored by a member of the
City Council; except that the city manager or city attorney
may present the same and any council member may assume the
sponsorship thereof by moving that such ordinance, resolution
or other matter be adopted."
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of , 19 , by the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
00 City Clerk
me
Mayor
CITY OF SARATOGA
AG =A BILL NO. Initial:
Dept. Hd.
DATE: 11 -23 -83
C. Atty
DLpART Z. Administrative Services
C. Mgr.
SU&TECT :ABANDONED, WRECKED, DISrANTLED or INOPERATIVE VEHICLES ORDINANCE
Issue Summary
Recent City Code Enforecement efforts to abate, abandoned, wrecked, etc.
vehicles on private property have identified _a need to strengthen the
City's enforcement powers in this area. The' Ordinance has.
been designed to meet this need.
Recomrendation
Adoption of "An Ordinance of the City of Saratoga adding Article X
and Article XI to Chapter 9 of the Saratoga City Code partaining to
repair of vehicles and abandoned, wrecked, dismantled, or inoperative
vehicles.
Fiscal Impacts
The new Ordinance provides for the payment of Administrative Costs and /or
vehicle remoV41 by the offending party(s), for enforcement of the ordinance.
?:<hibits /Attachments
AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE X AND ARTICLE XI
TO CHAPTER 9 OF THE SARATOGA CITY CODE PERTAINING TO REPAIR OF VEHICLES
AND ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES
Council Action
1/4: Moyles /Clevenger moved to read by title and introduce. Passed 5 -0.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
STEVEN G. BAIRD
JACK L. BRIDGE
GREGORY A. MANCHUK
ATmNSON • FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
(415) 967 -6941
Mr. Stan Carnekie
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
November 22, 1983
Re: Abandoned, Wrecked, Dismantled or
Inoperative Vehicles Ordinance
Dear Stan:
J. M. ATKINSON, (1892 -1982)
L. M. FARASYN. (1915 -1979)
I am enclosing herewith a revised draft of the above - referenced
Ordinance. This revised draft relocates both the existing Section 10 -30 of
the Saratoga City Code pertaining to repair of vehicles in residential
districts and the inoperative vehicles ordinance to Chapter 9 of the
Saratoga City Code. Substantively, the inoperative vehicle ordinance has
been amended to add a new Section 9- 221(b) definition of inoperative.
Thank you for your courtesy and cooperation with this matter.
If you have any questions, please feel free to contact me.
Very truly yours,
,U I. �j
STEVEN G. BAIRD
Deputy Saratoga City Attorney
SGB /ns
enc.
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
ARTICLE X AND ARTICLE XI TO CHAPTER 9 OF THE
SARATOGA CITY CODE PERTAINING TO REPAIR OF
VEHICLES AND ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLES
The City Council of the City of Saratoga does hereby ordain as follows:
Section 1: Section 10 -30 of Chapter 10 of the Saratoga City Code is hereby
repealed.
Section 2: Article X is hereby added to Chapter 9 of the Saratoga City
Code to read as follows:
ARTICLE X
REPAIR OF VEHICLES
Sec. 9 -210. Repairs of Vehicles, etc., in Residential Districts.
No person shall engage in the repair of any motor vehicle, trailer,
camper unit or boat in any residential zoning district within the City of Saratoga
except in accord with the following regulations:
Sec. 9 -211.
(1) The vehicle, trailer, camper unit or boat must be currently
registered to a person resident at the site at which it is being
repaired at the time it is being repaired, and
(2) Except for emergency repairs performed within 48 hours from
the time of breakdown, no such repairs shall be permitted on any
public street, public trail, or other public right -of -way, and
(3) Such repairs that are performed on private property within
public view shall be completed within 120 consecutive hours from the
time first reported to the City. There is no limit of time to perform
repairs on private property when the repair activity, and the storage
of all repair equipment, supplies, vehicles and parts, are completely
screened from the public view, and
(4) No such repairs shall be permitted if it creates a volume of
noise in excess of the levels established in the Noise Control
Ordinance of the Saratoga City Code presently appearing at Article V
of Chapter 8.
(5) No such repairs shall be permitted if it creates any smoke or
noxious fumes or odors which are discernable to occupants of
adjoining real property or to members of the general public using an
adjoining public street or public right -of -way.
Same — Penalties.
Any person violating any of the provisions of this Article shall be
guilty of an infraction. Each such person shall be guilty of a separate offense for each
11 /21 /83 /N /TOPPEL -1-
r
and every day, or porpon thereof during which any violation of this Article is
committed, continued or permitted y such person, and such person s all be punished
accordingly. The vio ation of an part of this Article shall cons tute a separate
violation. Any perso convicted an infraction under this Secti •sh 1 be punished
for a first convictio by a fine not more than Fifty Dollars (' 50 , for a second
conviction within a eriod o e y ar from the first conviction, by fine of not more
than One Hundred ars $100.00) and for a third or subsequent conviction within a
period of one a fro the onviction, by a fine of not more than Two Hundred
Fifty Dollars 250.00) The bail for each such violation of this Article shall be in the
amount of the et forth hereinabove, plus any penalty assessment which may be
imposed by the Court.
In addition to the penalties provided by this Section, any condition
caused or permitted to exist in violation of any of the provisions of this Article shall
be deemed a public nuisance and may be abated by the City in a civil action, and each
day such condition continues shall be a new and separate offense.
Section 3: Article XI is hereby added to Chapter 9 of the Saratoga City
Code to read as follows:
ARTICLE XI
ABANDONED, WRECKED, DISMANTLED,
OR INOPERATIVE VEHICLES
Sec. 9 -220. Findings and Determinations.
In addition to and in accordance with the determination made and the
authority granted by the State pursuant to the provisions of Section 22660 of the
Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative
vehicles, or parts thereof, as public nuisances, the Council hereby makes the following
findings and declarations: the accumulation and storage of abandoned, wrecked,
dismantled, or inoperative vehicles, or parts thereof, on private or public property, not
including highways, is hereby found to create a condition tending to reduce the value
of private property, to promote blight and deterioration, to invite plundering, to
create fire hazards, to constitute an attractive nuisance creating a hazard to the
health and safety of minors, to create a harborage for rodents and insects, and to be
injurious to the health, safety, and general welfare. Therefore, the presence of an
abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or
public property, not including highways, except as expressly permitted by the
provisions of this Article, is hereby declared to constitute a public nuisance which may
be abated as such in accordance with the provisions of this Article.
See. 9-221. Definitions.
For the purposes of this Article, unless otherwise apparent from the
context, certain words and phrases used in this Article are defined as follows:
(a) "Highway" shall mean a way or place of whatever nature,
publicly maintained and open to the use of the public for the purposes of vehicular
travel. "Highway" shall include street.
(b) "Inoperative" shall mean a vehicle which is not capable of being
operated, or permitted to be operated, on the public streets and highways of the State
of California because of mechanical deficiencies or lack of current valid vehicle
registration and /or license documents.
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(c) "Owner of the land" shall mean the owner of the land on which
the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.
(d) "Owner of the vehicle" shall mean the last registered owner and
legal owner of record.
(e) "Public property" shall not include "highway."
(f) "Vehicle" shall mean a device by which any person or property
may be propelled, moved, or drawn upon a highway, except a device moved by human
power or used exclusively upon stationary rails or tracks.
Sec. 9-222. Exceptions.
The provisions of this Article shall not apply to:
(a) A vehicle, or parts thereof, which is completely enclosed within
a building in a lawful manner where the vehicle is not visible from the street or other
public or private property; or
(b) A vehicle, or parts thereof, which is stored or parked in a
lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer, or junk dealer or when such storage or parking is
necessary to the operation of a lawfully conducted business or commercial enterprise.
The provisions of this section shall not authorize the maintenance of
a public of a private nuisance as defined under provisions of law other than Chapter 10
(commencing with Section 22650) of Division 11 of the Vehicle Code of the State and
this Article.
Sec. 9 -223. Effect of Other Laws.
The provisions of this Article shall not be the exclusive regulation of
abandoned, wrecked, dismantled, or inoperative vehicles within the City. The
provisions of this Article shall supplement and be in addition to the other regulatory
Codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or
any other legal entity or agency having jurisdiction.
Sec. 9 -224. Administration and Enforcement.
Except as otherwise provided in this Article, the provisions of this
Article shall be administered and enforced by the City Clerk or one or more of his duly
authorized deputies. In the enforcement of the provisions of this Article, the City
Clerk and his deputies may enter upon private or public property to examine a vehicle,
or parts thereof, or to obtain information as to the identity of a vehicle and to cause
the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the
provisions of this Article.
Sec. 9 -225. Right of Entry of Certain Persons.
When the Council has contracted with, or granted a franchise to, any
person, such person shall be authorized to enter upon private or public property to
remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance
pursuant to the provisions of this Article.
Sec. 9 -226. Administrative Costs.
The Council shall from time to time determine and fix an amount to
be assessed as administrative costs, excluding the actual cost of the removal of any
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vehicle, or parts thereof, for the purposes of administering the provisions of this
Article.
Sec. 9 -227. Abatement and Removal: Authority.
Upon discovering the existence of an abandoned, wrecked,
dismantled, or inoperative vehicle, or parts thereof, on private or public property
within the City, the City Clerk shall have the authority to cause the abatement and
removal thereof in accordance with the procedure set forth in this Article.
Sec. 9 -228. Abatement and Removal: Notices of Intention.
A ten (10) day notice of intention to abate and remove a vehicle, or
parts thereof, as a public nuisance shall be mailed by registered mail to the owner of
the land and to the owner of the vehicle, unless the vehicle is in such condition that
identification numbers are not available to determine ownership. Such notices of
intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE, OR PARTS THEREOF,
AS A PUBLIC NUISANCE
(Name and address of the owner of the land)
As owner shown on the last equalized assessment roll of
the land located at ,
you are hereby notified that the undersigned, pursuant to the
provisions of Article XI of Chapter 9 of the Saratoga City
Code, has determined that there exists upon said land an (or
parts of an) abandoned, wrecked, dismantled, or inoperative
vehicle registered to , license
number , which constitutes a public
nuisance pursuant to the provisions of Article XI of Chapter 9
of the Saratoga City Code.
You are hereby notified to abate said nuisance by the
removal of said vehicle (or said parts of a vehicle) within ten
(10) days after the date of the mailing of this notice, and, upon
your failure to do so, the same will be abated and removed by
the City of Saratoga and the costs thereof, together with
administrative costs, shall be assessed to you as owner of the
land on which said vehicle (or said parts of a vehicle) is located.
As owner of the land on which said vehicle (or said parts
of a vehicle) is located, you are hereby notified that you may,
within ten (10) days after the mailing of this notice of intention,
request a public hearing, and, if such a request is not received
by the City Clerk of the City of Saratoga within such ten (10)
day period, the City Clerk of the City of Saratoga shall have
the authority to abate and remove said vehicle (or said parts of
a vehicle) as a public nuisance and assess the costs as aforesaid
without a public hearing.
QZ
You may submit a sworn written statement within such
ten (10) day period denying responsibility for the presence of
said vehicle (or said parts of a vehicle) on said land, with your
reasons for denial, and such statement shall be construed as a
request for a hearing at which your presence is not required.
You may appear in person at any hearing requested by you or
the owner of the vehicle or, in lieu thereof, may present a
sworn written statement as aforesaid in time for consideration
at such hearing.
Notice mailed
(date)
ity Clerk, City of Saratoga
NO'T'ICE OF INTENTION TO ABA'T'E AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE, OR PARTS THEREOF,
AS A PUBLIC NUISANCE
Name and address of the last registered and /or legal
owner of record of the vehicle; notice should be given
to both if different)
As last registered (and /or legal) owner of record of the
following described vehicle (make, model and license number),
you are hereby notified that the undersigned, pursuant to the
provisions of Article XI of Chapter 9 of the Saratoga City
Code, has determined that said vehicle (or parts of a vehicle)
exists as an abandoned, wrecked, dismantled, or inoperative
vehicle at (address of the property on which the vehicle is
located) and constitutes a public nuisance pursuant to the
provisions of Article XI of Chapter 9 of the Saratoga City
Code.
You are hereby notified to abate said nuisance by the
removal of said vehicle (or said parts of a vehicle) within ten
(10) days from the date of the mailing of this notice.
As registered (and /or legal) owner of record of said
vehicle (or said parts of a vehicle), you are hereby notified that
you may, within ten (10) days after the mailing of this notice of
intention, request a public hearing, and, if such a request is not
received by the City Clerk of the City of Saratoga within such
ten (10) day period, the City Clerk of the City of Saratoga shall
have the authority to abate and remove said vehicle (or said
parts of a vehicle) without a hearing.
Notice mailed
date
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City Clerk of the City of Saratoga
Sec. 9 -229. Abatement and Removal: Notices of Intention:
Requested Hearings: Notices.
Upon a request by the owner of the vehicle or the owner of the land
received by the City Clerk within ten (10) days after the mailing of the notices of
intention to abate and remove, a public hearing shall be held by the Council on the
question of the abatement and removal of the vehicle, or parts thereof, as an
abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the
administrative costs and the costs of the removal of the vehicle, or parts thereof,
against the property on which the vehicle, or parts thereof, is located.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of. the vehicle on his land within such ten (10) day
period, such statement shall be construed as a request for a hearing which does not
require his presence. Notice of the hearing shall be mailed by registered mail at least
ten (10) days before the hearing to the owner of the land and to the owner of the
vehicle, unless the vehicle is in such condition that identification numbers are not
available to determine ownership. If such a request for a hearing is not received witin
ten (10) days after the mailing of the notice of intention to abate and remove, the City
shall have the authority to abate and remove the vehicle, or parts thereof, as a public
nuisance without holding a public hearing.
Sec. 9 -230. Abatement and Removal: Notices of Intention:
Requested Hearings: Determinations.
All hearings requested by the owners of the vehicles or the owners of
the land, as set forth in Sections 9 -228 and 9 -229 of this Article, shall be held before
the Council which shall hear all facts and testimony it deems pertinent. Such facts
and testimony may include testimony on the condition of the vehicle, or parts thereof,
and the circumstances concerning its location on private or public property. The
Council shall not be limited by the technical rules of evidence. The owner of the land
may appear in person at the hearing, or present a sworn written statement in time for
consideration at the hearing, and deny responsibility for the presence of the vehicle on
the land, with his reasons for such denial.
The Council may impose such conditions and take such other action
as it deems appropriate under the circumstances to carry out the purposes of this
Article. The Council may delay the time for the removal of the vehicle, or parts
thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public
hearing, the Council may find that a vehicle, or parts thereof, has been abandoned,
wrecked, dismantled, or is inoperative on private or public prperty, order the same
removed from the property as a public nuisance and disposed of as provided in this
Article, and determine the administrative costs and the costs of removal to be charged
against the owner of the land. The order requiring removal shall include a description
of the vehicle, or parts thereof, and the correct identification number and license
number of the vehicle, if available at the site.
If it is determined at the hearing that the vehicle was placed on the
land without the consent of the owner of the land and that he has not subsequently
consented to the presence of the vehicle on his land, the Council shall not assess the
costs of administration or removal of the vehicle against the property upon which the
vehicle is located or otherwise attempt to collect such costs from such owner of the
land.
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If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does not appear, or if an
interested party makes a written presentation to the Council but does not appear, such
owner of the land or interested person shall be notified in writing of the decision. The
decision of the Council shall be final.
Sec. 9-231. Removal.
Five (5) days after the adoption of the order declaring the vehicle, or
parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of
the notice of the decision, if such a notice is required by the provisions of Section 9-
230 of this Article, the vehicle, or parts thereof, may be disposed of by removal to a
scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall
not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies
for either horseless carriage license plates or historical vehicle license plates pursuant
to California Vehicle Code Section 5004.
Sec. 9-232. Removal: Notices.
Within five (5) days after the date of the removal of the vehicle, or
parts thereof, notice shall be given to the Department of Motor Vehicles of the State
identifying the vehicle, or parts thereof, removed. At the same time there shall be
transmitted to the Department of Motor Vehicles of the State any evidence of
registration available, including registration certificates, certificates of title, and
license plates.
Sec. 9 -233. Assessments of Costs.
If the administrative costs and the costs of removal which are
charged against the owner of a parcel of land pursuant to the provisions of Section 9-
230of this Article are not paid within thirty (30) days after the date of the order, such
costs shall be assessed against the parcel of land pursuant to the provisions of Section
38773.5 of the Government Code of the State and shall be transmitted to the Tax
Collector for collection. Such assessment shall have the same priority as other City
taxes.
Section 2: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Saratoga hereby declares that it would have passed
this Ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be held invalid or unconstitutional.
Section 3: This Ordinance shall take effect and be in full force and effect
thirty (30) days from and after the date of its passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted this day
of , 1983, by the following vote:
AYES:
NOES:
ABSENT:
-7-
ATTEST:
CITY CLERK
MAYOR,
CITY OF SARATOGA
AGENDA BILL NO. 660
DATE: November 28, 1983 (December 7, 1983)
DEPARTMENT: Community Development
Initial:
Dept. Hd.
C. At
C. Mgr.
SUBJECT: FINAL BUILDING SITE APPROVAL, SDR -1546, HOWARD JAMESON, PASEO LADO
Issue Summary
1. This is an expansion of building to an existing family house.
2. All requirements of city departments and other agencies have been met.
3. All fees have been paid.
Recommendation
Adopt resolution No. 1546 -02, attached, approving the building site
for SDR -1546.
Fiscal Impacts
None
Exhibits /Attachments
1. Resolution No. 1546 -02
2. Report to Planning Commission 8/24/83
3. Location Map
4. Status Report for Building Site Approval
Council Action
12/7: Approved on Consent Calendar 4 -0.
REPORTcTQ sF
APPPOVE-D BY:
DAiE:
LNINING COMMISSION
1` i , DATE: 8/18/83
1.��_._., Commission Meeting: 8/24/83
SUBJECT: V -617 and SDR -1546 - Howard Jameson, 18628 Paseo Lado,
Tentative Building Site Approval, 1 Lot (50% Expansion)
REQUEST: Variance to continue existing garage and storage area with a 2 ft. side setback
and 201t. rear yard setback and Building Site Approval for an over -50% expansion.
OTHER APPROVALS REQUIRED: Design Review (Public Hearing), Building Permit.
PLANNING DATA:
PARCEL SIZE: 10,889 sq. ft. GENERAL PLAN DESIGNATION
ZONING: R -1- 10,000
SITE DATA:
SURROUNDING LAND USES: Single - family residential
SITE SLOPE: Level
Medium Density Single
Family (M -10)
NATURAL FEATURES & VEGETATION: Ornamental planting including 24" bay, 18" maple
and 16" pine not proposed for removal).
PROJECT CONSIDERATIONS:
HISTORY: The applicants intend to build a second story addition which will cause
them to expand their existing main residence by over 50 %. A garage exists on the site
with nonconforming setbacks which requires that a variance be granted prior to site
approval, or a condition be added to move the structure (and /or remove a portion of
it) to within the appropriate setbacks.
SETBACKS: Detached Garage and Storage: Left Side: 2 ft. (10 ft. required)
Rear: 20 ft. (35 ft. required with 2nd
Story addition)
SIZE OF STRUCTURE: Main Structure: 1,477 sq. ft.
Detached Garage and Storage: 890 sq. ft.
i
Report to Planning Commissi( 8/18/83
V -617 & SDR -1546, Howard Jameson, Paseo Lado Page 2
ADDITIONAL CONCERNS OR COMMENTS: The residence is not hooked up to the sewer. Paseo
Lado is not presently within Sanitation District No. 4 and annexation proceedings have
been unsuccessful. The nearest main is approximately 500 ft. from the lot. The Health
Department has carefully reviewed the proposal and finds the seepage pit to be adequate.
By approving the subject site approval and variance, the Planning Commission is not
approving a second story addition. The site is flat and, therefore, does not require approval
of a site development plan.
Report to Planning Commissl(. 8/18/83
V -617 & SDR -1546, Howard Jameson, Paseo Lado Page 3
V -617 - VARIANCE APPROVAL
RArvr-Dnl wn
Building Site Approval requires that.existing structures on the site conform to current
zoning requirements or be legitimized through the variance approval procedure.
The subject site is in an area built under County jurisdiction and there is an existing
garage /storage structure which does not conform to current setback requirements. The
location of the garage structure is similar to many non - conforming structures in the
neighborhood, particularly garages and carports in the rear and sideyard setback area.
FINDINGS:
1. Strict or Literal Interpretation - Physical Hardship
Strict interpretation of the ordinance would cause a substantial physical hardship
in causing the removal or a significant alteration of the garage structure.
2. Exceptional or Extraordinary Circumstances
Many structures in the same zone were built by Saratoga zoning standards and have
conforming setbacks. Those residences which were built under County zoning standards
and later incorporated are not generally applying for building site approval, thus
they are not subject to needing variance approval for similar non - conforming structures.
There are extraordinary circumstances concerning the subject property.
3. Common Privilege
Denial of the variance request would deprive the applicant of the common privilege
to have a garage.
4. Granting of Special Privilege
Approval of the variance request does not constitute a grant of special privilege
as it is an existing non - conforming structure and not a new construction request.
5. Public Health, Safety and Welfare
The granting of this variance will not be detrimental to the public health, safety
and welfare.
RECOMMENDATION: Staff recommends approval of the variance per Staff Report dated 8/18/83
and Exhibit "B ".
Report to
Planning
Commissr
8/18/83
SDR -1546 &
V -617,
Howard Jameson, Paseo Lado
Page 4
SDR -1546 - BUILDING SITE APPROVAL PROJECT STATUS:
Said project complies with all objectives of the General Plan, and all requirements of
the Zoning and Subdivision Ordinances of the City of Saratoga.
The housing needs of the region have been considered and have been balanced against the
public service needs of its residents and available fiscal and environmental resources.
A Categorical Exemption was prepared relative to the environmental impact of this project.
The Staff Report recommends approval of the tentative map for SDR -1546 (Exhibit "B" filed
July 8, 1983) subject to the following conditions:
I. _GENERAL CONDITIONS
Applicant shall comply with all applicable provisions of Ordinance No. 60,
including without limitation, the submission of a Record of Survey or parcel
map; payment of storm drainage fee and park and recreation fee as established
by Ordinance in effect at the time of final approval; submission of engineered
improvement plans for any street work; and compliance with applicable Health
Department regulations and applicable Flood Control regulations and requirements
of the Fire Department. Reference is hereby made to said Ordinance for further
particulars. Site approval in no way excuses compliance with Saratoga's Zoning
and Building Ordinances, nor with any other Ordinance of the City. In addition
thereto, applicant shall comply with the following Specific Conditions which are
hereby required and set forth in accord with Section 23.1 of Ordinance No. 60.
II. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT
A. Domestic water to be provided by San Jose 14ater l•Jorks.
B. Only one additional bathroom to be constructed on site per Health Department
approval of seepage pit.
III. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT
A. Applicant shall, prior to Final Map Approval, submit plans showing the
location and intended use of any existing wells to the SCVWD for review
and certification.
IV. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION
A. Design Review Approval as required by Ordinance on project prior to issuance
of permits.
B. Applicant is to enter into recorded agreement with the City of Saratoga agreeing
to participate in the formation of a sanitary sewer assessment district, and
to connect to sewer when available.
V. COMMENTS
A. Tree removal prohibited unless in accord with applicable City Ordinances.
Report to Planning Commissf-
U -617 & SDR -1546, Howard Jameson, Paseo Lado
Approved:
Kathy erdus
Planner
KK /dsc
P.C. Agenda: 8/18/83
8/18/83
Page 5
•.4%•.
's=
it
�MEMORANDUM
CITY OF SARATOGA
TO: CITY COUNCIL
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: Status Report for Building Site Approval
All conditions for Building Site Approval SDR- 1546 , Howard Jameson
(have) (kxXxxxoct) been met as approved by the Planning Commission on 8/24/8.3
Listed below are the amounts, dates and City receipt numbers fo-r all required
items:
Offer of Dedication N/A
Record of Survey or Farreel -Map N A
Storm Drainage Fee N/A Date Subm
All Required Improvement Bonds N/A
All Required Inspection Fees $150.00
Building Site Approval Agreement N/A
Park and Recreation Fee N/A
fitted
Date
Date
Date
Date
Date Submitted --
Date Submitted - --
--- Receipt # - - --
Submitted - = - -- Receipt# - - --
Submitted Receipt #_3719'-
Signed - - --
Submitted - - -- Receipt# - --
It is, therefore, the Community Development Department recommendation that
(tXl) (Final) Building Site Approvai for Howard Jameson
SDR- 1546 be granted.
If Conditional Building Site Approval is recommended, it shall become un-
conditional upon compliance with the following conditions:
Condition(s) Reason for Non- Compliance
KoberT S. Shook
Director of Community Development
CITY OF SARATOGA
AGENDA BILL NO. S5
DATE: 11/21/83 (12/7/83)
DEPARTMENT: Community Development
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
S
SUBJECT: FINAL ACCEPTANCE FOR SDR - 1475, SARATOGA AVENUE
Issue Sunnary
All improvements required of the subject Building Site Approval have been
satisfactorily completed.
Reccmnendation
Authorize release of the attached described bond.
Fiscal Imoacts
None
Exhibits /Attachments
1. Memo describing bond
Council Action
12/7: Approved on Consent Calendar 4 -0.
TMII N MOORAND�IM
09TT o2 O&UMEMMO&
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867 -3438
TO: City Manager
FROM: Director of Public Works
DATE: Nov. 21, 19 83
SUBJECT: Tract SDR 1475 (Final Acceptance)
Location: Saratoga Avenue
All improvements required of SDR -1475 I and agreed
to in the Improvement Agreement dated March 10, 1982
have been satisfactorily completed.
Therefore, I recommend the improvement security posted to guarantee
that agreement be released. The following information is included
for your use:
1. Developer: Glidden Development
Address: 958 Pershing Avenue, San Jose, CA. 95126
2. Improvement Security:
Type: Surety Bond
Amount: 20,500.00
Issuing Co.: Surety Insurance Company of California
Address: Box 2430, La Habra, CA. 90631
Receipt, Bond or
Certificate No.: 552505
3. Special Remarks:
r S. Shook
RSS /dsm
CITY OP SARATOGA
AEI. MA BILL NO. -5,52-
DATE: Nov. 30, 1983
DEPARTMENT: Finance
SUBJECT: Surplus Equipment Auction
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
Issue Summary
As previously noted, in order to dispose of old and currently unused equipment items we
recently held a sealed bid auction. It appears as though it was fairly successful in.
that we eliminated the need to continue storing them, and at the same time made over $6,400.
The attached "Exhibit A" lists the items that were successfully sold along with the
revenue derived from each. "Exhibit B" lists those items.for which we received no bids.
Recormiendation
Approve the auction and authorize us to dispose of those items for which we received
no bids ( "Exhibit B ").
Fiscal Imoacts
The sale produced $6,400 in revenue.
E- -hibits /Attachments
"Exhibit A" - Auctioned equipment.
"Exhibit B" - Equipment not bid on.
Council Action
12/7: Moyles /Clevenger moved to authorize disposal of items listed on Exhibit B. Passed 5 -0.
.911 C
Discription
High Bid Amounts
Ford Tractor LGT 165
$ 450.00
Ford Tractor Disc
51.00
Parker Sweeper
30.56
Yazzo Weed Mower
15.00
Edger Model 300
10.00
Lock Mower Model 23
80.00
Yard Vac Vacuum
55.63
Toro 72" Mower Deck
200.00
Cyclone Spreader
10.00
Metal Desk
20.00
Swivel Arm Chairs (3)
12.00
Swivel Typing Chairs (2)
30.51
Folding Tables (2)
21.00
Metal Desk
61.51
8 Foot Woods Tail Gate Chip Spreaders (2)
50.00
1970 Plymouth, 4 door ID# RL41GOA184402
476.00
1970 Plymouth, 4 door ID# RlAlGQA184400
476.00
1970 Plymouth, 4 door ID# RL41GOA184491
476.00
1971 Chevelle, 4 door ID# 134691L146267
810.00
1972 Chevrolet 1/2 ton truck ID# CCE142Z158412
963.00
1974 I.H. 1/2 ton truck ID# 4HIBODHB47389
576.00
Tool Box for Pick -Up Truck
75.00
Paper Folding Machine
10.00
"EXHIBIT A ". Continued
Description
High Bid Amounts
Norelco Dictaphone
$ 1.50
IBM Typewriter (older model)
37.00
Metal file box
10.00
White wooden lock boxes (2)
25.00
Camera -- polaroid
2.50
Norelco Dictaphone
2.25
Window Shades (3)
5.00
Electric Kiln Model B -27 -11
400.00
Piano, Cabinet Grand
70.00
Potter's Wheels (2)
420.00
Screen Doors (9)
5.00
Typing Table
3.75
Receipt Machine
3.00
Larger Potter's Wheel w /seat (2)
236.00
Potters Wheel (3)
228.00
Typing Table
7.00
Typing Chain'
5.00
TOTAL $ 6,420.21
"EXHIBIT B''
Tavel dispensors
Phillips dictaphone
Enlarger
Enlarger
CITY OF S1-jb OGA
ACLrvDA BILL NO.
S53
DATE: November 29, 1983
DEpj ,MN-r: City Attorney
SUaiECP: Amendment to Sales Tax Ordinance
Initial:
Dept. Hd.
C. Atty.
C
C. Mgr.
Issue Stmman, The City has received a notification from the State Board'of
Equalization requesting an amendment to our Sales Tax Ordinance be adopted
prior to January 1, 1984. A copy of the notification is attached hereto.
The change relates to the exemption of gross receipts on the sale of- personal
property to operators of waterborne vessels to be used or consumed outside
the City and exclusively for commercial purposes. This exemption was eliminated
by the legislature but may be restored at a later date. Consequently, the
form of ordinance submitted by the State Board of Equalization for adoption
by cities provides for the repeal of the exemption as of January 1, 1984, and
the restoration of the exemption in the event the legislature amends the
State Revenue and Taxation Code, as expected.
Recc=n ndation
.Adoption of ordinance in the form submitted by the State Board of Equalization.
Fiscal Imoacts
There should be little or no fiscal impact upon the City since we do not have
retail establishments catering to the operators of commercial waterborne
vessels.
Exhibits /Attachments (1) Proposed Ordinance; (2) Letter from State Board of
Equalization dated November 18, 1983; (3) Copy of existing sections being
amended.
C01-mcil - fiction
12/7: Motion to read by title only, waiving further reading. Passed 5 -0.
-_ _ -. _Mntinr is intrrvluCp. _Pag .serf, 5 -Q.
12/13: Callon /Moyles rroved to adopt Ordinance 38.114. Passed 4 -0.
CI'T'Y Or S11RI IOCA
AGENDA BILL NO.
DATE: November 29, 1983
DEPt . ,MNT: City Attorney
SUBJECT: Hazardous Materials Storage Permit Ordinance
Initial:
Dept. lid.
C. Atty.
C. Mgr.
Issue Summary The County of Santa Clara has requested the City to adopt the
model hazardous materials storage permit ordinance in order to provide a
uniform system of regulation throughout the County. Unless the Ordinance is
adopted prior to January 1, 1984, local control over the storage of hazardous
materials will be preempted by state law, which is less restrictive. The.
proposed Ordinance is identical to the Ordinance now being adopted by the
County of Santa Clara. All responsibility for administration and enforcement
of the Ordinance is being delegated to the County, thereby relieving the City
.from direct liability in this regard and involvement in a subject matter for
which we have no technical expertise. Further discussion of this Ordinance
is contained in the memorandum from the City Attorney submitted herewith.
:. Recom endation
Adoption of Ordinance.
Fiscal Impacts
None; all responsibility for administration--and enforcement of the Ordinance
has been delegated to the County of Santa Clara. The County is further =
authorized to establish and collect fees to cover its costs relating to the
Ordinance.
Exhibits /Attac1zn -2nts (1) Memorandum from City Attorney; (2) CEOA determination;
(3) Proposed Or inance
Council Action
12/7: Motion to read by- title only, �.;aivmng - fu -ther- reading. -- Passed 5 -0.
Mlotion -to introduce. Passed 5 -0.
12/13: Mallory/Moyles moved to adopt Ordinance 38.115. Passed 4 -0.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
STEVEN G. BAIRD
JACK L. BRIDGE
GREGORY A. MANCHUK
ATKINSON • FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 04042
(415) 967 -6941
MEMORANDUM
TO: Saratoga City Council
FROM: HAROLD S. TOPPEL, City Attorney
RE: Proposed Hazardous Materials Storage Permit Ordinance
DATED: November 29, 1983
. M. ATKINSON, (1892-1982)
L. M. FARASYN, (1915 -1979)
In September 1983, the State Legislature enacted Assembly Bill No. 1362,
commonly known as the Sher Bill. This legislation regulates the storage of hazardous
materials in underground storage tanks and was adopted primarily in response to
recent problems in Santa Clara County and elsewhere arising from leakage of
hazardous and toxic materials into the public water supply.
The Sher Bill provides that any City or County which has adopted an
ordinance prior to January 1, 1984, which, at a minimum, requires double containment
of underground storage facilities, the monitoring of such facilities and the issuance of
permits therefor, is exempted from application of the state law. In the absence of
such local ordinance, all underground storage of hazardous materials is regulated
pursuant to the Sher Bill and the County government has sole responsibility for
administration and enforcement of the state law. In other words, if the City of
Saratoga elects not to adopt its own ordinance, the underground storage of hazardous
materials within the City will be regulated by the Sher Bill and such regulations will be
administered and enforced by the County of Santa Clara.
Based upon the experience of County and local government in dealing with
the storage of hazardous materials in the Santa Clara Valley, a model ordinance was
prepared by the Santa Clara County Hazardous Materials Model Code Task Force and
was approved by the Santa Clara County Intergovernmental Council on May 5, 1983.
The model ordinance was subsequently revised to correspond with certain provisions
contained in the Sher Bill and the final draft was furnished to us by the County
Counsel barely one week ago. The same ordinance has now been presented to the
County Board of Supervisors for adoption during December 1983.
The County has requested that all cities within Santa Clara County adopt
the model ordinance in order to provide a uniform system of regulation. Moreover, the
scope of regulation under the model ordinance is much broader than state law. Aside
from technical differences (which require expertise in this area to understand or
discuss) some of the major distinctions between the model ordinance and state law are
as follows:
1. The state law applies only to underground storage tanks whereas the
model ordinance applies to any storage of hazardous materials,
whether above or below ground.
Memorandum to Saratoga City Council
November 29, 1983
Page 2
2. The state law exempts certain storage facilities, such as tanks
located on a farm for the storage of motor vehicle fuel, which are
not exempted under the model ordinance. The model ordinance
contains certain exclusions of its own, as set forth in Section 17 -8 of
the proposed ordinance. The state law also exempts underground
storage tanks for motor vehicle fuel installed after January 1, 1984,
from certain design and construction standards, whereas the model
act has no such exemption.
3. The model ordinance requires a more detailed Hazardous Materials
Management Plan and Hazardous Materials Inventory Statement than
required under state law.
The model ordinance was drafted for adoption by cities who would then
assume the responsibility for enforcement. This arrangement is not feasible in the
case of Saratoga since we do not have the technical staff to administer the ordinance
and delegation of the responsibility to a fire department would be complicated by the
fact that two independent districts provide fire protection service to the City.
Furthermore, the assumption by the City of direct responsibility for enforcement of
the ordinance necessarily involves a potential exposure to liability in connection with
the issuance of permits, granting of exemptions and variances and conduct of
inspections. There is no reason why the City should incur this exposure when, by doing
nothing, the storage of hazardous materials would still be regulated under the Sher Bill
and all enforcement responsibility would be placed exclusively upon the County. These
concerns were communicated by us to representatives of the County Executive and the
County Counsel and it was agreed that the City, in its ordinance, would delegate to
the County the entire responsibility for administration and enforcement of the
ordinance. This delegation is now set forth in Section 17 -2 of the proposed ordinance.
Although the possibility still exists for the City to be named as a defendant in a
lawsuit based upon the negligent issuance of a permit or negligent inspection of a
hazardous material storage facility, the City would have a sound basis for claiming
total indemnification from the County which is exclusively responsible for this
activity.
The ordinance to be adopted by the City is identical to the model
ordinance, except for the following changes:
Addition of Section 17 -2, providing for delegation of all administra-
tion and enforcement responsibilities to the County of Santa Clara.
Addition of subsection 17 -5(b) containing a definition of "County" and
subsection 17 -5(s) containing a definition of "City Manager."
Amendment to the last paragraph in subsection 17- 11(c)(4) to provide
that a copy of any notice of application for a variance shall be sent
to the City Manager.
Amendment to subsection 17- 26(c)(3) to include the City of Saratoga
in the waiver referred to therein.
Memorandum to Saratoga City Council
November 29, 1983
Page 3
Amendment to subsection 17- 26(c)(3)(i) to include the City of
Saratoga as one of the parties to be indemnified thereunder.
Amendment to Section 17 -29 to include the City of Saratoga as a
party to be indemnified thereunder.
Amendment to subsection 17 -30(b) to include the City of Saratoga in
the disclaimer of liability.
Amendment to Section 17 -36 to provide that notice of any application
for a permit must be given to the City Manager.
Amendment to Sections 17 -51, 17 -53 and 17 -54 to provide that a copy
of any decision for denial of a permit, notice of hearing on appeal and
decision on appeal shall be furnished to the City Manager.
Amendment to Section 17 -57 to provide that a copy of any notice of
hearing of proceedings instituted for noncompliance shall be
furnished to the City Manager.
Amendment to Section 17 -60 to provide for a copy of the decision by
the County Executive in noncompliance proceedings be furnished to
the City Manager.
Amendment to Section 17 -65 to include a reference to the City Code
in addition to County ordinances. In this regard, it should be noted
that the City Attorney's office is now preparing an ordinance for
enforcement of the Saratoga City Code through the issuance of
citations. This remedy would be available in the case of any violation
of the Hazardous Materials Storage Ordinance.
Amendment to subsection 17 -69(a) to include the City of Saratoga in
the disclaimer of liability.
As a final observation, it should be noted that the County of Santa Clara is
not yet geared up to handle the responsibilities under its own ordinance and the similar
responsibilities delegated to it by the City of Saratoga. The County is now engaged in
discussions with the Central Fire District and may enter into an agreement with such
District for administration of the ordinance throughout its jurisdiction plus the
additional area of Saratoga now serviced by the Saratoga Fire District. These
arrangements are strictly between the County and the Fire District and we do not
expect any direct involvement by the City.
NOTICE OF EXEMPTION
TO: SECRETARY FOR RESOUI:CES FROM: City of Saratoga
1416 Ninth Street, Room 7.311 Dent. of Comm. Development
Sacramento, California 95814 13777 Fruitvale Avenue
X County Clerk Saratoga, California 95070
County of Santa Clara
191 North First Street
San Jose, California 95112
PROJECT TITLE: Hazardous Material Storage Permits Ordinance
PROJECT LOCATION.- Specific: City of Saratoga
PROJECT LOCATION - City: Saratoga PROJECT LOCATION - County: Santa
Clara
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
is to regulate the storage of hazardous materials
public health, safety and welfare. The ordinance
with similar ordinances adopted by the county and
Residents, of both the City and the County will bei
NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Saratoga
NAME OF PERSON OR AGENCY CARRYING OUT PROJECT:
EXEMPT STATUS: (check one)
Ministerial (Sec. 15073)
The purpose of the ordinance
to protect the environment and
is a model ordinance compatible
other cities in the county.
Zefit.
City of Saratoga
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071 (b)(c)) X_ Categorical Exemption. (State type
and section number): Sec. 15308
Actions by regulatory agencies
REASON WHY PROJECT IS EXEMPT: Adoption of this ordinan for protection of the environment
ce is for the purpose of
maintaining and protecting the environment. The ordinance .specifies procedures
for the protection of the environment as it relates to'the storage of hazardous
materials.
CONTACT PERSON: Robert S. Shook, Director.of Community Develonment, City of Saratoga
(408) - 867 -3438
If filed by applicant: 1. Attach certified document of exemption finding.
N/A 2• Has a notice of exemption been filed by the public agency approving
the project? Yes No
CHAPTER 17
HAZARDOUS MATERIAL STORAGE PERMITS
ARTICLE I. General Provisions
Sec.17 -1 Purpose
Sec. 17 -2 Administration and Enforcement
Sec. 17 -3 General Obligation - Safety and Care
Sec. 17 -4 Specific Obligtion
Sec.17 -5 Definitions
Sec. 17 -6 Professional Assistance for County Determinations
ARTICLE II. Materials Regulated
Sec. 17 -7 Materials Regulated
Sec. 17 -8 Exclusions
Sec. 17 -9 Underground Tanks
ARTICLE III. Containment Standards
Sec. 17 -10
Containment of Hazardous Materials
Sec. 17 -11
New Storage Facilities
Sec. 17 -12
Existing Storage Facilities
Sec. 17 -13
Out of Service Storage Facilities
Sec. 17 -14
Monitoring
Sec. 17 -15
Maintenance, Repair or Replacement
Sec. 17 -16
Handling
Sec. 17 -17
Secured Facilities
Sec. 17 -18
Emergency Equipment
Sec. 17 -19
Posting of Emergency Procedures
ARTICLE IV. Hazardous Materials Management Plan
Sec. 17 -20 Hazardous Materials Management Plan
Sec. 17 -21 Standard Form HMMP
Sec. 17 -22 Short Form HMMP - Minimal Storage Site
ARTICLE V. Hazardous Material Inventory
Sec. 17 -23
Hazardous Materials Inventory Statement
Sec. 17 -24
Information Required
Sec. 17 -25
Public Records
Sec. 17 -26
Trade Secrets
ARTICLE VI. Responsibility
Sec. 17 -27 Reporting Unauthorized Discharge
-1-
Sec. 17 -28 Cleanup Responsibility
Sec. 17-29 Indemnification
ARTICLE VII. Inspections and Records
Sec. 17 -30
Inspections by County
Sec. 17 -31
Inspections by Permittee
Sec. 17 -32
Special Inspections
Sec. 17 -33
Substituted Inspections
Sec. 17 -34
Maintenance of Records
ARTICLE VIII. Application for Permit
Sec. 17 -35
Permit
Sec. 17 -36
Application for Permit
Sec. 17 -37
Investigation
Sec. 17 -38
Approval of Permit
Sec. 17 -39
Provisional Permit
Sec. 17 -40
Temporary Permit
Sec. 17 -41
Issuance of Permits
Sec. 17 -42
Additional Approvals
Sec. 17 -43
Term
Sec. 17 -44
Renewal
Sec. 17 -45
Determination
Sec. 17 -46
Fees
Sec. 17 -47
Transfer of Permit
Sec. 17 -48
Effective Date of Permit
ARTICLE IX. Denial
Sec. 17 -49
Denial of Application
Sec. 17 -50
Grounds for Denial
Sec. 17 -51
Transmittal of Decision
Sec. 17 -52
Appeal to County Executive
Sec. 17 -53
Hearing on Appeal
Sec. 17 -54
Disposition of Appeal
ARTICLE X. Remedial Action
Sec. 17 -55
Grounds for Remedial Action
Sec. 17 -56
Notice of Noncompliance
Sec. 17 -57
Notice of Hearing
Sec. 17 -58
Suspension Prior to Hearing
Sec. 17 -59
Remedial Action
Sec. 17 -60
Transmittal of Decision
Sec. 17 -61
Authority After Suspension, Revocation or Expiration
Sec. 17 -62
Return of Permit
-2-
ARTICLE XI. Hearing Procedure
Sec. 17 -63 Hearing Rules
Sec. 17 -64 Hearing Notices
ARTICLE XII. Enforcement
Sec. 17 -65 Criminal Penalties
Sec. 17 -66 Civil Penalties
Sec. 17 -67 Civil Action for Retaliation
Sec. 17 -68 Remedies Not Exclusive
ARTICLE XIII. Miscellaneous
Sec. 17 -69
Disclaimer of Liability
Sec. 17 -70
Guidelines
Sec. 17 -71
Duties are Discretionary
Sec. 17 -72
Conflict with Other Laws
ARTICLE XIV. Compliance Schedule
Sec. 17 -73 Time Table for Initial Compliance
-3-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
CHAPTER 17 TO THE SARATOGA CITY CODE RELATING TO
If HAZARDOUS MATERIALS STORAGE PERMITS
SECTION 1:
The City Council of the City of Saratoga does ordain as follows:
The City Council finds and declares as follows:
(a) A number of facilities in the City of Saratoga store hazardous
materials in the normal course of conducting their operations; and
(b) The public health, safety, and welfare of the citizens of the City may
be endangered by the improper storage of such hazardous materials; and
(c) It is necessary for protection of all citizens that the storage of
hazardous, materials be regulated.
SECTION 2:
Chapter 17 (commencing with Section 17 -1) is hereby added to the Saratoga
City Code, to read as follows:
CHAPTER 17.
HAZARDOUS MATERIAL STORAGE PERMITS
AR.TI('LE T
General Provisions
Sec. 17 -1. Purpose.
The purpose of this Chapter is the protection of health, life,
resources, and property through prevention and control of unauthorized discharges of
hazardous materials.
Sec. 17 -2. Administration and Enforcement.
The City of Saratoga hereby delegates to the County of Santa Clara,
acting by and through such officers, employees, boards, commissions, agents, or other
representatives as may be designated by said County, the duty and responsibility to
administer and enforce the provisions of this Ordinance. The County of Santa Clara is
further authorized to establish and collect fees and other charges payable by
applicants and permittees hereunder and the County may retain such fees and charges
to compensate itself for the costs of administering and enforcing this Ordinance.
11/28/83/N/TOP MMi -I-
Sec. 17 -3. General Obligation - Safety and Care.
(a) No person, firm or corporation shall cause, suffer, or permit the
storage of hazardous materials:
(1) In a manner which violates a provision of this Chapter or
any other local, federal, or state statute, code, rule, or regulation
relating to hazardous materials; or
(2) In a manner which causes an unauthorized discharge of
hazardous materials or poses a significant risk of such unauthorized
discharge.
(b) The County shall have discretion to exempt an applicant from
any specific requirements of this Chapter, other than the requirement for secondary
containment in underground storage facilities, except as provided in Section 17- 11(c)(4),
or to require an applicant to meet additional or modified requirements, where such
action would be appropriate and consistent with achieving the general obligation of
this Chapter for protecting public health, safety, and welfare.
Sec. 17 -4. Specific Obligation.
(a) Any person, firm, or corporation which stores any material
regulated by Section 17 -7 which is not excluded by Section 17 -8 shall obtain and keep
current a Hazardous Materials Storage Permit.
(b) All such hazardous materials shall be contained in conformity
with Article III of this Chapter.
(c) The storage of such hazardous materials shall be in
conformance with the approved Hazardous Materials Management Plan.
Sec. 17 -5. Definitions.
Unless otherwise expressly stated, whenever used in this Chapter, the
following terms shall have the meanings set forth below:
(a) Abandoned, when referring to a storage facility, means out of
service and not safeguarded in compliance with this Chapter.
(b) County means the County of Santa Clara.
(c) Facility means a building or buildings, appurtenant structures,
and surrounding land area used by a single business entity at a single location or site.
(d) Hazard class means Explosives A, Explosives B, Explosives C,
Blasting agents, Flammable liquids, Combustible liquids, Flammable solids, Oxidizers,
Organic peroxides, Corrosive materials, Flammable gases, Nonflammable gases,
Poisons A, Poisons B, Irritating materials, Etiologic agents, Radioactive materials,
Other Regulated Material (ORM) A, B, C, D and E. For purposes of this Chapter, the
U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 as amended
shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transporta-
tion or hazards associated with transportation, they shall be deemed to refer to
storage or other regulated activity under this Chapter.
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(e) Hazard material means any material which is subject to regula-
tion pursuant to Article II of this Chapter. A mixture shall be deemed to be hazardous
material if it either is a waste and contains any material regulated pursuant to Article
II of this Chapter, or is a nonwaste and contains one percent 0 %) by volume or more of
any material regulated pursuant to Article Il of this Chapter.
(f) Officer means the employee assigned by County to administer
this Chapter or any designee of such employee.
(g) Permit means any Hazardous Materials Storage Permit issued
pursuant to this Chapter, as well as any additional approvals thereto.
(h) Permit quanity limit means the maximum amount of hazardous
material that can be stored in a storage facility. Separate permit quantity limits will
be set for each storage facility for which a permit is obtained in accordance with the
requirements of this Chapter.
(i) Permittee means any person, firm, or corporation to whom a
permit is issued pursuant to this Chapter and any authorized representative, agent or
designee of such person, firm or corporation.
(j) Pipes means pipeline systems which are used in connection with
the storage of hazardous materials exclusively within the confines of a facility and
which are not intended to transport hazardous materials in interstate or intrastate
commerce or to transfer hazardous materials in bulk to or from a marine vessel.
(k) Primary containment means the first level of containment, i.e.
the inside portion of that container which comes into immediate contact on its inner
surface with the hazardous material being contained.
(1) Product -tight means impervious to the hazardous material
which is contained, or is to be contained, so as to prevent the seepage of the hazardous
material from the primary containment. To be product- tight, the container shall be
made of a material that is not subject to physical or chemical deterioration by the
hazardous material being contained. -
(in) Secondary containment means the level of containment
external to and separate from the primary containment.
(n) Single- walled means construction with walls made of but one
thickness of material. Laminated, coated, or clad materials shall be considered as
single - walled.
(o) Storage facility means any one or combination of tanks, sumps,
wet floors, waste - treatment facilities, pipes, vaults or other portable or fixed
containers, used, or designed to be used, for the storage of hazardous materials at a
facility.
(p) Sump means a pit or well in which liquids collect.
(q) Unauthorized discharge means any release or emission of any
hazardous material which does not conform to the provisions of this Chapter, unless
such release is in accordance with the release regulations of the Bay Area Air duality
Management District and California Air Resources Board, with a National Pollutant
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Discharge Elimination System Permit, with waste discharge requirements established
by the Regional Water Quality Control Board pursuant to the Porter Cologne Water
Quality Act, or with local sewer pretreatment requirements for Publicly Owned
Treatment Works. Controlling agencies may differ for different local jurisdictions.
(r) Wet floor means a floor which is used to routinely collect,
contain or maintain standing liquids or to transmit standing liquids on a more or less
continuous basis.
(s) City Manager means the City Manager of the City of Saratoga.
Sec. 17 -6. Professional Assistance for County Determinations.
Whenever the approval or satisfaction of County may be required in
this Chapter for a design, monitoring, testing or other technical submittal by an
applicant or permittee, County may, in its discretion, require such applicant or
permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably
qualified independent engineer, or chemist, or other appropriate professional
consultant, acceptable to County, for the purpose of evaluating and rendering a
professional opinion respecting the adequacy of such submittal to achieve the purposes
of this Chapter. County shall be entitled to rely on such evaluation and /or opinion of
such engineer, chemist or professional consultant in making the relevant determina-
tions provided for in this Chapter.
ARTICLE II
Materials Regulated
Sec. 17 -7. Materials Reculated.
The materials regulated by this Chapter, shall consist of the
following:
(a) Any material listed as a hazardous and /or extremely hazardous
material or hazardous and /or extremely hazardous waste in Sections 66680 and 66685
of Title 22 of the California Administrative Code, as amended, whether such material
is stored or handled in waste or nonwaste form; or
(b) Any material which is listed on the list of Environmental
Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15,. as
amended; or
(c) Any material which is classified by the National Fire Protection
Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a
Class IIIA combustible liquid; or
(d) Any material which is listed by the Director of the Department
of Industrial Relations in Title 8, California Administrative Code Section 339, as
amended, excluding all footnotes thereto and subject to the exclusions specified in this
subsection. Such exclusions shall apply only to materials which are not otherwise
regulated pursuant to this Section 17 -7. These exclusions shall be as follows:
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(1) Materials recognized in the official United States
Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of
them if such materials are intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or other
animals; hormones; enzymes; and aflatoxins.
(2) Aluminum salts; Asphalt fumes; Atrazine; Benomyl; Bis
(dimethylthiocarbamoyl) disulfide; Boron oxide; 4- tert - Butyl -2-
chlorophenyl- methyl methylphosphoramidate; Camphor; Carbon
black; 2- Chloro -6 (trichloromethyl) pyridine; Clopidol; Coal tar pitch
volatiles; Cotton dust, Dibenzoyl peroxide ( Benzoyl peroxide);
Dicyclopentadienyl iron; 3, 5- Dinitro -o- toluamide; 2, 6-Di- tert- butyl-
p- cresol; Ferbam; Fumaric acid; Glass, fibrous or dust; Graphite,
Helium; Iron oxide; Iron salts; Magnesium oxide; Mica; Mineral wool
fiber; Oil mist; Phenothiazine; Phenyl ether; Phynyl ether- diphenyl
(eutectic mixture), vapor; Phthalic anhydride; m- Phthalodinitrile;
Poyltetrasluoreoethylene Decomposition products; Rhodium salts;
Ronnel; Rosin core solder; Rotenone, commercial; Silica, Soapstone,
Talc; Tantalum oxide; Terphenyls; and 4, 41- Thiobis (6 -tert- butyl -m-
cresol).
(e) Any material which has been determined to be hazardous based
upon any appraisal or assessment by or on behalf of the party storing this material in
compliance with the requirements of the EPA or the California Department of Health
Services, or which should have been, but was not, determined to be hazardous due to
the deliberate failure of the party storing the material to comply with the require-
ments of the EPA and /or the Department of Health Services; or
(f) Any material which has been determined by the party storing it,
through testing or other objective means, to be likely to create a significant potential
or actual hazard to public health, safety, or welfare. This subsection shall not
establish a requirement to test for the purposes of this Chapter.
Sec. 17 -8. Exclusions.
This Chapter does not apply to the following:
(a) Certain Elemental Metals.
The following elemental metals included within the purview of
Section 17 -7 shall not be considered hazardous materials for purposes of this Chapter
unless they are stored in a friable, powdered or finely divided state: Aluminum,
Beryllium, Cadmium, Chromium, Copper, Lead, Manganese, Molybdenum, Nickel,
Rhodium, Silver, Tellurium, Tin, and Zinc. Furthermore, Tantalum, Titanium,
Tungsten, and Uranium shall be excluded from regulation under this Chapter.
(b) Retail Products.
Hazardous materials when contained solely in consumer
products packaged for distribution to, and use by, the general public or commercial
products used at the facility solely for janitorial or minor maintenance purposes such
as paint thinner or wax strippers.
(c) Feed.
use as animal feed. Hazardous materials when contained in a substance intended for
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(d) Work Station.
Hazardous materials located at a work station in a quantity
reasonably required for use as determined by County under the circumstances.
(e) Exemption.
The County shall exempt any material from the requirements of
this Chapter where it has been demonstrated to the satisfaction of County that the
material in the quantity and /or solution stored does not present a significant actual or
potential hazard to the public health, safety or welfare.
Sec. 17 -9. Underground Tanks.
Notwithstanding Section 17 -8 above and in addition to those materials
regulated pursuant to Section 17 -7 above, a permit shall be required for the storage in
an underground storage tank as defined by California Health and Safety Code Section
25280(m), of any material defined as a hazardous substance, in accordance with
California Health and Safety Code Section 25280(c).
ARTICLE III
Containment Standards
Sec. 17 -10. Containment of Hazardous Materials.
No person, firm, or corporation shall store any hazardous materials
regulated by this Chapter until a permit of approval has been issued pursuant to this
Chapter. No permit or approval shall be granted pursuant to this Chapter unless
permit applicant demonstrates to the satisfaction of County, by the submission of
appropriate plans and other information, that the design and construction of the
storage facility will result in a suitable manner of storage for the hazardous material
or materials to be contained therein.
All installation, construction, repair or modification, closure, and
removal shall be to the satisfaction of County. County shall have the discretion to
exempt an applicant from any specific requirement, except that the discretion with
regard to underground storage facilities shall be exercised in accordance with
Subsection 17- 11(c)(4) below; or to impose reasonable additional or different require-
ments in order to better secure the purpose and general obligation of this Chapter for
protection of public health, safety, and welfare. The guidelines approved pursuant to
Section 17.70 shall serve as an interpretation of the provisions of this Article addressed
in such guidelines.
Sec. 17 -11. New Storage Facilities.
(a) No person, firm or corporation shall construct or install any
new storage facility until a permit or approval has been issued pursuant to this
Chapter.
(b) Monitoring Capability.
All new storage facilities intended for the storage of hazardous
materials which are liquids or solids at standard temperature and presssure (STP) shall
be designed and constructed with a monitoring system capable of detecting that the
Mc
hazardous material stored in the primary containment has entered the secondary
containment. Visual inspection of the primary containment is the preferred method;
however, other means of monitoring may be required by County. Where secondary
containment may be subject to the intrusion of water, a means of monitoring for such
water shall be provided. -
Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention - getting visual and /or audible alarms.
(c) Containment Requirements.
Primary and secondary levels of containment shall be required
for all new storage facilities intended for the storage of hazardous materials which are
liquids or solids at standard temperature and pressure (STP) unless exempted by
County.
(1) All primary containment shall be product- tight.
(2) Secondary containment:
(i) All secondary containment shall be constructed of
materials of sufficient thickness, density, and composition so as
not to be structurally weakened as a result of contact with the
discharged hazardous materials and so as to be capable of
containing hazardous materials discharged from a primary
container for a period of time equal to or longer than the
maximum anticipated time sufficient to allow recovery of the
discharged hazardus material.
(ii) In the case of an installation with one primary
container, the secondary containment shall be large enough to
contain at least 110% of the volume of the primary container.
(iii) In the case of a storage facility with multiple
primary containers, the secondary container shall be large
enough to contain 150% of the volume of the largest primary
container placed in it, or 10% of the aggregate internal volume
of all primary containers in the storage facility, whichever is
greater.
(iv) If the storage facility is open to rainfall, then the
secondary containment must be able to additionallly
accommodate the volume of a twenty -four (24) hour rainfall as
determined by a one hundred (100) year storm history.
(3) Laminated, coated, or clad materials shall be considered
single - walled and shall not be construed to fulfill the requirements of
both primary and secondary containment.
(4) Variance.
(i) A variance from the requirement for secondary
containment for an underground storage facility may be granted
upon a written finding by the officer issuing the permit, which
has been reviewed and approved by the County Board of
Supervisors, that based on the special circumstances:
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The requirement of secondary containment creates
an unusual and particular hardship; and
An equivalent degree of protection is provided by
the proposed alternative; and
The proposed alternative has been appropriately so
certified as providing an equivalent degree of pro-
tection, by an independent consultant retained in
accordance with Section 17.6, or has been specified
as potentially appropriate for a variance in the
guidelines approved pursuant to Section 17.70.
(ii) The County Board of Supervisors shall consider the
variance, at a public meeting, at which oral or written
presentation on the matter may be made. A notice which
includes a statement that a variance from secondary contain-
ment for hazardous materials will be considered, and which
specifies the address of the facility seeking the variance, and
the time and place of the meeting shall be given in the
following manner:
The Clerk of the Board shall cause a copy of the
notice to be published once in a newspaper of
general circulation in the City of Saratoga, not less
than ten (10) days prior to the meeting; and
The Clerk of the Board shall cause a copy of the
notice to be mailed at least ten (10) days prior to the
meeting to any party who files a written request
with the Clerk of the Board, for mailed notice of
meetings at which such variance is to be considered.
Such written request for notice shall be valid for
one year from the date on which it is filed unless a
renewal request is filed. Renewal request for such
mailed notices shall be filed on or before April 1st of
each year. A copy of the notice shall also be mailed
at least ten (10) days prior to the meeting to the
City Manager.
(5) Variance - Construction and Monitoring Requirements.
Underground storage tanks may be granted a variance from the
standards for construction and monitoring set forth in this Article,
other than from the requirement for double containment, only upon a
written finding by the officer issuing the permit that the applicant
has demonstrated by clear and convincing evidence:
(i) That because of special circumstances not
generally applicable to other property or facilities, including
size, shape, design, topography, location, or surroundings, the
strict application of the standards of this Chapter would be
unnecessary to adequately protect soil and water from an
unauthorized release; or
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(ii) That strict application of the standards of this
Chapter would increase practical difficulties not generally
applicable to other facilities or property; and that the proposed
alternative will adequately protect soil and water from an
unauthorized release. _
(d) Overfill Protection.
Means of overfill protection may be required for any primary
container. This may be an overfill prevention device and /or an attention betting high
level alarm.
(e) Separation of Materials.
Materials that in combination may cause a fire or explosion, or
the production of a flammable, toxic, or poisonous gas, or the deterioration of a
primary or secondary container shall be separated in both the primary and secondary
containment so as to avoid intermixing.
(f) Drainage System.
Drainage of precipitation from within a storage facility
containing hazardous materials which are liquids or solids at STP shall be controlled in
a manner approved by the County so as to prevent hazardous materials from being
discharged. No drainage system will be approved unless the flow of the drain can be
controlled.
Sec. 17 -12. Existing Storage Facilities.
Any storage facility in existence as of the effective date of this
Chapter, or any storage facility for which a building permit was issued prior to the
effective date of this Chapter, which does not meet the standards of Section 17 -11, may
be permitted pursuant to this Chapter as long as it is providing suitable storage for
hazardous materials. In addition, storage facilities which contain hazardous materials
which are liquids or solids at standard temperature and pressure (STP) must be
monitored in accordance with a:-plan approved by County as set forth herein.
(a) A monitoring plan for each such storage facility containing
hazardous materials which are liquids or solids at STP, shall be submitted to County as
part of the Hazardous Materials Management Plan.
(b) Monitoring under such plan shall include visual inspection of the
primary containment wherever practical; however, if the visual inspection is not
practical, an alternative method of monitoring each storage facility on a semi - annual
or more frequent basis may be approved by County.
(c) Alternative methods) ' of monitoring may include but are not
limited to: pressure testing of piping systems, groundwater monitoring well(s) which
are downgradient and adjacent to the storage facility; vapor analysis within the well(s)
where appropriate; and analysis of the soil boring(s) at the time of initial installation
of the well(s). The number of well(s), depth of well(s), and sampling frequency shall be
approved by the County.
(d) Such monitoring devices and methods, as approved by County,
shall be installed and operating within six (6) months of the issuance of a provisional
permit in accordance with Sections 17 -39 and 17- 73(b)(1). County may grant an
extension of this 'compliance date; however, such extension shall not exceed one (1)
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additional year. The full term permit may be issued when compliance with this
subsection has been achieved.
(e) The continued use of, and permit approval for, existing storage
facilities is subject to review and modification or termination by County whenever
there has been any unauthorized discharge. It shall also be reviewed by County each
time the permit is renewed.. In determining whether continued storage in such storage
facility is suitable, County shall consider the age of the storage facility, the methods
of containment, the methods of monitoring, the feasibility of the required retrofit, the
concentration of the hazardous materials contained, the severity of potential
unauthorized discharge, and the suitability of other long term prevention measures
which meet the intent of this Chapter.
(f) Existing storage facilities which are not approved in accordance
with this Section must be upgraded to comply with this Chapter or be closed in
accordance with Section 17 -13 below within one (1) year of a decision not to issue a full
term permit. An extension of time for compliance with this Subsection, not to exceed
one (1) additional year, may be granted by County.
Sec. 17 -13. Out of Service Storage Facilities.
(a) No storage facility shall be abandoned.
(b) Storage facilities which are temporarily out of service, and are
intended to be returned to use, must continue to be monitored and inspected.
(c) Any storage facility which is not being monitored and inspected
in accordance with this Chapter must be closed or removed in a manner approved by
County in accordance with Section 17 -42.
(d) Any person, firm or corporation having an interest, including a
leasehold interest, in real property and having reason to believe that an abandoned
storage facility is located upon such property shall make a reasonable effort to locate
such storage facility within six (6) months of the effective date of this Chapter.
(e) Whenever an abandoned storage facility is located, a plan for
the closing or removing or the upgrading and permitting of such storage facility shall
be filed within ninety (90) days of its discovery. A closure plan shall conform to the
standards specified in Section 17 -42.
Sec. 17-14. Monitoring.
(a) Monitoring Methods.
Monitoring methods shall include at least one system for
detecting leakage from the primary container. A monitoring system capable of
detecting that the hazardous material stored in the primary containment has entered
the secondary containment shall be provided. Visual inspection of the primary
containment is the preferred method; however, other means of monitoring may be
required by County. Where secondary containment may be subject to the intrusion of
water, a means of monitoring for such water shall be provided.
Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention - getting visual and /or audible alarms.
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(b) Monitoring, Testing and Inspection.
Every permittee under this Chapter shall provide testing,
monitoring (if applicable), and inspections in compliance with the Hazardous Materials
Management Plan and shall maintain records adequate to demonstrate compliance
therewith. -
Sec. 17 -15. Maintenance, Repair or Replacement.
(a) Permittee will carry out maintenance, ordinary upkeep, and
minor repairs in a careful and safe manner. No permit or other approval will be
required for such maintenance and upkeep.
(b) Any substantial modification or repair of a storage facility
other than minor repairs or emergency repairs shall be in accordance with plans to be
submitted to County and approved in accordance with Section 17 -42 prior to the
initiation of such work.
(c) Permittee may make emergency repairs to a storage facility in
advance of seeking an additional permit approval whenever an immediate repair is
required to prevent or contain an unauthorized discharge or to protect the integrity of
the containment. However, within five (5) working days after such emergency repairs
have been started, permittee shall seek approval pursuant to Section 17 -42 by
submitting drawings or other information adequate to describe the repairs to County.
(d) Replacement of any storage facility for hazardous materials,
which are liquids or solids at STP, must be in accordance with the new installation
standards of Section 17 -11.
Sec. 17-16. Handling.
(a) Dispending and mixing of hazardous materials must not be done
in such a manner as to substantially increase the risk of an unauthorized discharge.
(b) When hazardous materials are moved into or out of a storage
facility, they shall remain in the travel path only for the time reasonably necessary to
transport the hazardous material and such movement shall be in a manner which will
not result in an unauthorized discharge.
Sec. 17 -17.
Secured Facilities.
Access to the storage facilities shall be secured by means of fences
and /or locks. The access to the storage facilities shall be kept securely locked when
unattended.
Sec. 17 -18. Emergency Equipment.
Emergency equipment shall be provided which is reasonable and
appropriate for potential emergencies presented by the stored hazardous materials.
Such equipment shall be regularly tested and adequately maintained.
Sec. 17 -19. Posting of Emergency Procedures.
Simplified emergency procedures shall be posted conspicuously in
locations where hazardous materials are stored.
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ARTICLE IV
Hazardous Materials Management Plan
Sec. 17 -20. Hazardous Materials Management Plan.
Each applicant for a permit pursuant to this Chapter shall file a
written plan, for County approval, to be known as a Hazardous Materials Management
Plan (HMMP), which shall demonstrate the safe storage and handling of hazardous
materials. The HMMP may be amended at any time with the consent of County. The
HMMP shall be a public record except as otherwise specified. Approval of the HMMP
shall mean that the HMMP has provided adequate information for the purposes of
evaluating the permit approval. Such approval shall not be understood to mean that
County has made an independent determination of the adequacy of that which is
described in the HMMP.
Sec. 17 -21.
Standard Form HMMP.
The standard form Hazardous Materials Management Plan must be
submitted unless the facility qualifies as a minimal storage site under Section 17 -22
below. The HMMP shall include the following:
(a) Facility Description.
(1) General Information.
The HMMP shall contain the name and address of the
facility and business phone number of applicant, the name and titles
and emergency phone numbers of the primary response person and an
alternate, the number of employees, number of shifts, hours of
operation, and principal business activity.
(2) General Facility Description.
The HMMP shall contain a map drawn at a legible scale
and in a format and detail determined by County. It shall show the
location of all buildings and structures, chemical loading areas,
parking lots, internal roads, storm sewer drains, and shall specify the
uses of adjacent properties.
The County may also require information as to the
location of wells, flood plains, earthquake faults, surface water
bodies, and /or general land uses (schools, hospitals, institutions,
residential areas) within one mile of the facility boundaries.
(3) Facility Storage Map.
The HMMP shall contain a Facility Storage Map at a
legible scale for licensing and enforcement purposes. The informa-
tion in this Section is provided for purposes of ensuring the suitable
and secure storage of hazardous materials and for the protection and
safety of response personnel of County. County shall take reasonable
precautions to ensure the confidentiality of the information provided
pursuant to this Subsection.
The Facilities Storage Map shall indicate the location of
each hazardous materials storage facility, including all interior,
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exterior, and underground storage facilities, And access to such
storage facilities. In addition, the map shall indicate the location of
emergency equipment related to each storage facility, and the
general purpose of the other areas within each facility.
For each storage facility, the map shall contain informa-
tion as prescribed below; except that where the hazardous material
being stored is a trade secret, it shall be identified in a coded manner
(together with its key) and not in a manner which would reveal trade
secret information:
(i) A floor plan to scale and the permit quantity limit;
(ii) For each nonwaste hazardous material which is
stored in a quantity greater than the quantities specified in
Section 17- 24(a), the general chemical name, common /trade
name, major constituents for mixtures, United Nations (UN) or
North America (NA) number, if available, and physical state.
For each waste hazardous material stored in any quantity
within the storage facility, the presence of wastes shall also be
indicated;
(iii) For all hazardous materials, including wastes, stored
in each facility, the hazard class or classes and the quantity
range for each such class, aggregated within each storage
facility, in the following ranges:
Quantity Range Number Range Amounts
Up to and including 500 pounds for solids, 55 gallons
for liquids, and 200 cubic feet at STP for
compressed gases;
Between 500 and 5,000 pounds for solids, 55 and 550
gallons for liquids, and 200 and 2,000 cubic feet at
STP for compressed gases;
3 Between 5,000 and 25,000 pounds for solids, 550 to
2,750 gallons for liquids, and 2,000 to 10,000 cubic
feet at STP for compressed gases;
4 Between 25,000 and 50,000 pounds for solids, 2,750
and 5,500 gallons for liquids, and 10,000 and 20,000
cubic feet at STP for compressed gases;
5 More than 50,000 pounds for solids, 5,500 gallons for
liquids, and 20,000 cubic feet at STP for compressed
gases;
(iv) For materials not regulated under this Chapter, but
regulated under the Uniform Fire Code, such as radioactives or
cryogens, or for materials stored in storage facilities exempted
by Sections 17 -72(a) or 17- 72(b), the County may require that
the hazard class or classes and the quantity range of each such
hazard class, using the quantity ranges listed in Subsection (iii)
above, be provided;
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(v) For tanks, the capacity limit of each tank, and the
hazardous material contained in each tank by general chemical
name, common /trade name, major constituents for mixtures,
United Nations (UN) or North America (NA) number, if
available, and physical state.
(4) Confidentiality of Facility Storage Map.
Due to the threat to the security of the facility posed by
the disclosure of the information in the Facility Storage Map, this
information shall be maintained by County for law enforcement
purposes only and shall not be made public. Public disclosure of this
information could endanger the security of the facility or present a
clear danger to public health and safety. County shall not disclosure
this information to the public without the consent of the permittee or
permit applicant unless ordered to do so by a court of competent
jurisdiction. Permittee or permit applicant shall be deemed a real
party in interest in any such action. Prompt notice of a lawsuit to
compel disclosure shall be given by County to permittee or permit
applicant. However, County shall be under no duty to prevent
disclosures where there has been any unauthorized discharge of
hazardous materials stored in storage facility(s) shown on such map
or where such disclosure arises out of any official emergency
response relating to the storage facility(s).
(5) Updating of Facility Storage Map.
The Facility Storage Map shall be updated annually or
whenever an additional approval is required for the facility or
whenever the Hazardous Materials Inventory Statement is required to
be amended pursuant to Section 17 -23.
(b) Hazardous Materials Inventory Statement.
A Hazardous Materials Inventory Statement shall be filed in
accordance with Article V of this Chapter.
(c) Separation of Materials.
The HMMP shall contain a description of the methods to be
utilized to ensure separation and protection of stored hazardous materials from
factors which may cause a fire or explosion, or the production of a flammable, toxic,
or poisonous gas, or the deterioration of the primary or secondary containment. .
(d) Monitoring Program.
The HMMP shall contain a description of the location, type,
manufacturer specifications (if applicable), and suitability of monitoring methods to be
used in each storage facility storing hazardous materials which are liquids or solids at
STP. It shall also specify the frequency of inspections of storage facilities which will
be conducted by the permittee.
(e) Recordkeeping Forms.
The HMMP shall contain an inspection check sheet or log
designed to be used in conjunction with routine inspections. The check sheet or log
sheet shall provide for the recording of the date and time of inspection and, for
monitoring activity, the date and time of any corrective action taken, the name of the
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inspector, and the countersignature of the designated safety manager for the facility
or the responsible official as designated in the HMMP.
(f) Emergency Equipment.
The HMMP shall describe emergency equipment availability,
testing, and maintenance.
(g) Variation in Information.
(1) Additional information may be required for the HMMP
where such information is reasonably necessary to meet the intent of
this Chapter.
(2) Requirements for information in the HMMP may be
waived where such information is not reasonably necessary to meet
the intent of this Chapter.
(3) Whenever permittee has submitted a plan which includes
substantially the same information as is required for any
component(s) of the HMMP to any other public agency regulating
hazardous materials, such plan may be submitted to County in lieu of
such component(s). The County may give deference to any approval
of such plan by the other public agency.
Sec. 17 -22. Short Form HMMP- Minimal Storage Site.
(a) A facility shall qualify as a minimal storage site if the quantity
of each hazardous material stored in one or more storage facilities in an aggregate
quantity for the facility is 500 pounds or less for solids, 55 gallons or less for liquids,
or 200 cubic feet or less at STP for compressed gases.
(b) The applicant for a permit for a facility which qualifies as a
minimal storage site may opt to file the short form Hazardous Material Management
Plan. Such plan shall include the following components:
(1) General application information;
(2) A simple line drawing of the facility showing the location
of the storage facilities and indicating the hazard class or classes and
physical state of the hazardous materials being stored and whether
any of the material is a waste;
(3) The short form HMMP shall also include a carcinogen
identification form which shall indicate the storage of any quantity
of any carcinogen listed in Sections 5208 -5215 and Section 5219 of
Title 8 of the California Administrative Code, as amended. This
provision will be satisfied by the submittal to County of a copy of the
Carcinogen Registration form submitted to the California Depart-
ment of Industrial Relations in accordance with the above cited
sections of Title 8 of the California Administrative Code, as
amended.
(4) Information describing that the hazardous materials will
be stored in a suitable manner and will be appropriately contained,
separated and monitored;
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(5) Description of emergency equipment to be maintained;
(6) Assurance that the disposal of any hazardous materials
will be in an appropriate manner.
(c) Where a claim for trade secret protection pursuant to Section
17 -26 is made for any carcinogen listed in Sections 5208 -5215 and Section 5219 of Title
8 of the California Administrative Code, as amended, pursuant to Subsection 17-
22(b)(3) above, the Carcinogen Identification form to be publicly disclosed shall
identify all carcinogens not claimed to be trade secrets and it shall indicate the a
number of carcinogens claimed to be trade secrets.
ARTICLE V
Hazardous Material Inventory
Sec. 17 -23. Hazardous Materials Inventory Statement.
A Hazardous Materials Inventory Statement (HMIS) shall be filed with
County in accordance with this Article. Any person, firm, or corporation which stores
any hazardous material in an amount which is equal to or greater than the quantities
specified in Section 17 -24(a) is required to file an HMIS. Such person, firm or
corporation shall amend the HMIS within thirty (30) days of the storage of any
hazardous material not listed thereon but required to be listed by Section 17- 24(a), or
of an increase above the quantity range listed in accordance with Section 17.24(c) or
required to be identified in accordance with Section 17- 24(d).
Sec. 17 -24. Information Required.
(a) Information shall be included in the HMIS for each hazardous
material stored in a facility (aggregated over all such material stored in one or more
storage facilities) where the aggregate quantity throughout the facility is greater than
five hundred (500) pounds in weight for solids, greater than fifty -five (55) gallons for
liquids, or greater than two hundred (200) cubic feet at standard temperature and
pressure (STP) for compressed gases.
(b) -The information in the HMIS shall include either:
(1) For non - wastes:
The general chemical name, common /trade name, major
constituents for mixtures, the manufacturer, United Nations (UN) or
North America (NA) number, if available, and the hazard class or
classes and the Material Safety Data Sheet (MSDS) or equivalent
information as required by County.
(2) For wastes:
The Department of Health Services manifest for wastes
or equivalent information, and the hazard class or classes.
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(c) In addition, the HMIS shall state the aggregate quantity range
stored at the facility of each hazardous material listed in terms of the quantity ranges
stated in Section 17- 21(a)(3)(iii) above.
(d) The HMIS shall also include a carcinogen identification which
shall indicate the storage of any quantity of any carcinogen listed in Sections 5208-
5215 and Section 5219 of Title 8 of the California Administrative Code, as amended.
This provision will be satisfied by the submittal to County of a copy of the Carcinogen
Registration form submitted to the California Department of Industrial Relations in
accordance with the above cited sections of Title 8 of the California Administrative
Code, as amended.
(e) Where a claim for trade secret protection is made for any
hazardous material pursuant to Section 17 -26, the HMIS to be publicly disclosed shall
indicate the number of materials claimed to be trade secrets and the aggregate
quantity range stored at the facility for each such hazardous material stated in terms
of the quantity ranges set forth in Section 17- 21(a)(3)(iii). Where a claim for trade
secret protection is made for any carcinogen identified pursuant to Subsection 17 -24(d)
above, the Carcinogen Registration form to be publicly disclosed shall indicate all
carcinogens not claimed to be trade secrets and it shall indicate the number of
carcinogens claimed to be trade secrets.
Sec. 17 -25. Public Records.
The HMIS is a public record except that no trade secret shall be
disclosed. Any request for a public record hereunder shall be submitted in writing to
the County officer responsible for administering this Chapter.
Sec. 17 -26. Trade Secrets.
(a) Permittee or permit applicant may make a claim for the
protection of the identity of any hazardous material which is its trade secret by filing
a declaration under penalty of perjury on a form provided by County, signed by
permittee or permit applicant, supporting the trade secret status, for each such
hazardous material asserted to be a trade secret. The name of the hazardous material
shall not be disclosed on said declaration.
(b) The exact name of the trade secret material, its quantity range
by storage facility, and all other information required under Section 17 -24(b) must,
subject to the approval of County, be placed in a double -keyed lockbox and maintained
in at least two locations at the facility. One key shall be provided to County at the
time the permit becomes effective. The other key shall be maintained on site at all
times, and readily accessible to permittee's designated emergency response person.
Such emergency response person shall cooperate with County in opening the lockbox at
any time County responds to an emergency or unauthorized discharge on the site
involving the storage facility in which the trade secret material is contained. In the
event that the permittee's designated emergency response person is not immediately
available to assist County emergency response personnel to open the lockbox, such
County personnel are authorized to break the lockbox.
(c) In addition to providing the lockboxes, the permittee or permit
applicant shall provide information to County under one of the following alternatives:
(1) Alternative One.
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In lieu of submitting the exact chemical name of said
trade secret material, permittee or permit applicant may submit a
description of the hazardous material, including but not limited to,
the chemical and physical properties, hazard class, reactivity charac-
teristics, fire and explosion characteristics, of trade secret material,
at a level of specificity satisfactory to County, and on a form
provided by County. The description must include health hazard
information including remedies and countermeasures appropriate for
emergency response and in case of human exposure to the trade
secret material. Such description must be adequate to enable County
to assess the suitability of the proposed containment and the
proposed monitoring plan. The description must be certified as
accurate, in writing, by a chemist or chemical engineer; or
(2) Alternative Two.
Instead of submitting the name of the trade secret to
County, the trade secret information, together with all submittals
pursuant to this Chapter, may be submitted to an independent
chemical engineer or equivalent licensed professional, subject to
approval by County, who shall certify, in writing, the suitability of
the containment design, the monitoring methods and plans, and the
separation of materials, and the accuracy of the facility storage map
with regard to the information relavant to the trade secret. All such
submittals remain subject to County's review and approval under this
Chapter; or
(3) Alternative Three.
The trade secret information sought to be protected may
be submitted to County on a separate form or forms, clearly and
conspicuously marked or labeled as containing trade secret informa-
tion, and said form or forms must be submitted only to a County
official designated by County to receive trade secret information. If
this method of protecting the trade secret information is chosen by
permittee or permit applicant, such party shall also submit a waiver,
relieving County and the City of Saratoga of any and all liability
resulting from disclosure of the trade secret in violation of this
Article.
(i) The County official shall endeavor to protect from
disclosure any and all trade secrets which come into County's
possession pursuant to this subsection. If an action is instituted
under California Public Records Act for the release of such
trade secrets, the permittee or permit applicant shall be
deemed a real party in interest in any such action. Notice of a
lawsuit to compel disclosure shall be given by County to
permittee or permit applicant promptly upon receipt of such
notice by County. The permittee or permit applicant shall have
the option to defend any such action. The permittee or permit
applicant shall indemnify County and the City of Saratoga in
any such action. The permittee or permit applicant shall
indemnify County and the City of Saratoga for all attorneys
fees, costs and expenses incurred in any proceeding related to
this Section, as well as for any judgment imposed pursuant to
California Government Code Section 6259.
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(ii) . Any information reported to the County officer,
under this subsection, which is exempt from disclosure pursuant
to this Section, shall not be disclosed to anyone other than as
required by law, except an officer or employee of County in
connection with the official duties of such officer or employee
under any law for the protection of health, or to contractors
with the County and their employees, if in the opinion of the
County officer such disclosure is necessary and, required for the
satisfactory performance of a contract for performance of
work.
(iii) Any person who by virtue of employment,
contractual relationship or official position has obtained posses-
sion of or has had access to information, the disclosure of which
is prohibited by this Section, and who knowing that disclosure of
the information is prohibited, intentionally or recklessly
discloses the information in any manner to any person not
entitled to receive it, or uses the information for his or her own
use or advantage, shall be guilty of a misdemeanor.
(iv) Information certified by appropriate officials of the
United States, as necessarily kept secret for national defense
purposes, shall be accorded the full protections against
disclosure as specified by such official or in accordance with
the laws of the United States.
(v) The County Board of Supervisors shall, by resolu-
tion, adopt a procedure designed to prevent knowing or
negligent disclosure of trade secret information. Such
procedure shall identify which officials shall have access to the
information, and the means by which access will be controlled
and monitored. Trade secret information shall be maintained
by County in secured facilities which are designed to prevent
inadvertent or unauthorized access or disclosure.
(vi) The confidential treatment, pursuant to this subsec-
tion, of the identity of such trade secret disclosed to County
does not apply where there has been any unauthorized discharge
related to such trade secret material which is reportable in
compliance with Section 17 -27 or where such disclosure arises
out of any official emergency response relating to the storage
facility(s) involving such trade secret information by public
safety personnel of County.
ARTICLE VI
Responsibility
Sec. 17 -27. Reporting Unauthorized Discharge.
(a) Liquids and Solids at STP.
As soon as any person in charge of a storage facility or
responsible for emergency response for a facility has knowledge of any confirmed or
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unconfirmed unauthorized discharge of a hazardous material which is liquid or solid at
STP, such person shall take all necessary steps to ensure the discovery and
containment and clean up of such discharge and shall notify County of the occurrence
as required by this Section.
(b) Confirmed Unauthorized Discharge.
(1) Recordable Unauthorized Discharge.
Any recordable unauthorized discharge of a liquid or solid
at STP shall be contained and safely disposed of in an appropriate
manner by permittee and such occurrence and the response thereto
shall be recorded in the permittee's monitoring records. A recordable
unauthorized discharge is any unauthorized discharge of a hazardous
material which meets all of the following criteria:
(i) The discharge is from a primary containment to a
secondary containment or to a rigid above ground surface
covering capable of containing the discharge until cleanup of
the hazardous material is completed; and
(ii) The permittee is able to adequately clean up the
discharge before it escapes from such secondary containment or
such above ground surface, but if the cleanup requires more
than eight (8) hours, it becomes a reportable discharge in
accordance with Subsection 17- 27(b)(2) below; and
(iii) . There is no increase in the hazard of fire or
explosion, nor is there any production of a flammable or
poisonous gas, nor is there any deterioration of such secondary
containment or such rigid above ground surface.
(iv) An otherwise recordable unauthorized discharge
does not need to be recorded if the discharge is not the result
of the deterioration or failure of the primary container and the
quantity discharged is less than one (1) ounce by weight, and can
be cleaned up within fifteen (15) minutes.
(2) Reportable Unauthorized Discharge.
Any unauthorized discharge which is not determined to be
recordable under Subsection 17- 27(b)(1) above, must be reported to
County immediately. The reporting party shall provide information
to County relating to the ability of permittee to contain and dispose
of the hazardous material, the estimated time it will take to
complete containment and disposal, and the degree of hazard
created. County may verify that the hazardous material is being
contained and appropriately disposed. County, at any time upon a
determination that permittee is not adequately containing and
disposing of such hazardous material, shall have the power and
authority to undertake and direct an emergency response in order to
protect the public health and /or safety.
(c) Unconfirmed Unauthorized Discharge.
(1) Indication of Loss in Inventory Records.
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Whenever a material balance or other inventory record,
employed as a monitoring technique under the HMMP, indicates a loss
of hazardous material, and no unauthorized discharge has been
confirmed by other means, permittee shall have five (5) working days
to determine whether or not there has been an unauthorized
discharge. If before the end of such period, it is determined that
there has been no unauthorized discharge, an entry explaining the
occurrence shall be made in permittee's monitoring records. Where
permittee has not been able, within such period, to determine that
there has been no unauthorized discharge, an unauthorized discharge
is deemed confirmed and permittee shall proceed in accordance with
Subsection 17- 27(b)(2) above.
(2) Test Results.
Whenever any test results suggest possible unauthorized
discharge, and no unauthorized discharge has been confirmed by other
means, the permittee shall have five (5) working days to retest. If
second test results obtained within that period establish that there
has been no unauthorized discharge, the results of both tests shall be
recorded in permittee's monitoring records. If it has not been
established within such period that there has been no unauthorized
discharge, an unauthorized discharge is deemed confirmed and
permittee shall proceed in accordance with Subsection 17- 27(b)(2)
above.
(d) Gases at STP.
Any person in charge of a storage facility or responsible for
emergency response for a storage facility, who has knowledge of any unauthorized
discharge of a hazardous material which is a gas at STP, must immediately report such
discharge to County if such discharge presents a threat of imminent danger to public
health and safety.
(e) Office of Emergency Services.
County shall submit a written report to the Office of
Emergency Services within ten (10) working days from the date that County is notified
of an unauthorized discharge from an underground storage tank.
Sec. 17 -28. Cleanup Responsibility.
Any person, firm or corporation responsible for storing the hazardous
material shall institute and complete all actions necessary to remedy the effects of
any unauthorized discharge, whether sudden or gradual. County shall undertake
actions to remedy the effects of such unauthorized discharge itself, only if it
determines that it is reasonably necessary under the circumstances for County to do
so. The responsible party shall be liable to reimburse County for all costs incurred by
County in remedying the effects of such unauthorized discharge, including the costs of
fighting fires, to the extent allowed by law. This responsibility is not conditioned upon
evidence of willfulness or negligence of the party storing the hazardous material(s) in
causing or allowing such discharge. Any responsible party who undertakes action to
remedy the effects of unauthorized discharge(s) shall not be barred by this Chapter
from seeking to recover appropriate costs and expenditures from other responsible
parties except as provided by Section 17 -29.
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Sec. 17 -29. Indemnification.
The permittee shall indemnify, hold harmless and defend County and
the City of Saratoga against any claim, cause of action, disability, loss, liability,
damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized
discharge in connection with permittee's operations under this permit.
ARTICLE VII
Inspections and Records
Sec. 17 -30. Inspections by County.
County may conduct inspections, at its discretion, for the purpose of
ascertaining compliance with this Chapter and causing to be corrected any conditions
which would constitute any violation of this Chapter or of any other statute, code, rule
or regulation affecting the storage of hazardous materials.
Permittees are not required to disclose the identity of hazardous
materials protected as trade secrets pursuant to Section 17 -26 to anyone other than
the official designated for that purpose pursuant to Section 17- 26(c)(3), except in the
case of an emergency response or an unauthorized discharge related to the storage
facility in which the trade secret material is contained. Therefore, permittee may put
temporary coverings over the labels of trade secret materials during the course of
County inspections conducted by other than the County official so designated.
(a) Right of Entry.
Whenever necessary for the purpose of investigating or
enforcing the provisions of this Chapter, or whenever any enforcement officer has
reasonable cause to believe that there exists in any structure or upon any premises,
any condition which constitutes a violation of this Chapter, said officers may enter
such structure or premises at all reasonable times to inspect the same, or to perform
any duty imposed upon any of said respective officers by law; provided that if such
structure or premises be occupied, the officer shall first present proper credentials
and request entry, and further provided, that if such structure or premises is
unoccupied, the officer shall first make a reasonable attempt to contact a responsible
person from such firm or corporation and request entry, except in emergency
circumstances. If such entry is refused, the officer seeking entry shall have recourse
to every remedy provided by law to secure entry.
(b) Inspections by County - Discretionary.
All inspections specified herein shall be at the discretion of
County and nothing in this Chapter shall be construed as requiring County to conduct
any such inspection nor shall any actual inspection made imply a duty to conduct any
other inspection. Furthermore, nothing in this Chapter shall be construed to hold
either County or the City of Saratoga, or any officer, employee or representative of
either County or the City of Saratoga responsible for any damage to persons or
property by reason of making an inadequate or negligent inspection or by reason of any
failure to make an inspection or reinspection.
Sec. 17 -31. Inspections by Permittee.
The permittee shall conduct regular inspections of its own facilities
to assure compliance with this Chapter and shall maintain logs or file reports in
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accordance with its Hazardous Materials Management Plan. The inspector conducting
such inspections shall be qualified to conduct such inspections.
Sec. 17-32. Special Inspections.
In addition to the inspections specified above, County may require
the periodic employment of special inspectors to conduct an audit or assessment of
permittee's facility, to make a hazardous material safety evaluation and to determine
compliance with the provisions of this Chapter.
(a) The special inspector shall be a qualified person or firm who
shall demonstrate expertise to the satisfaction of County.
(b) The special inspection report shall include an evaluation of the
facilities and recommendations consistent with the provisions of this Chapter where
appropriate. A copy of the report shall be filed with County at the same time that it
is submitted to permittee.
(c) Permittee shall, within thirty (30) days of said report, file with
County a plan to implement all recommendations, or shall demonstrate to the
satisfaction of County why such recommendations should not be implemented.
Sec. 17 -33. Substituted Inspections.
An inspection by an employee of any other public agency may be
deemed by County as a substitute for any requirement above.
Sec. 17 -34.
Maintenance of Records.
All records required by this Chapter shall be maintained by the
permittee for a period of not less than three (3) years. Said records shall be made
available to County during normal working hours and upon reasonable notice.
ARTICLE VIII
Application for Permit
Sec. 17-35. Permit.
Any person, firm or corporation which stores any hazardous material
shall obtain and keep current a Hazardous Material Storage Permit issued pursuant to
this Chapter. One such permit shall be issued for a single facility. Additional
approvals shall be obtained for any storage facility thereafter connected, installed,
constructed, repaired as required by Section 17 -15, substantially modified, replaced,
closed, or removed, or for any change or addition in hazardous materials stored, not in
accordance with the prior approval. Notwithstanding the above, permittee shall have
thirty (30) days to apply for an additional approval for the storing of a new or different
hazardous material with the same hazard class as stated on the existing permit
approvals where such storage does not increase the hazard of fire or explosion or the
hazard of the production of flammable or poisonous gas. Storage of new or different
hazardous materials, not meeting all of these criteria, shall require prior additional
approval.
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See. 17 -36. Application for Permit.
Application for a new, amended, or renewed permit or an additional
approval shall be made to the designated officer on the form provided by County. In
addition to the information required by such form, applicant shall submit the
Hazardous Materials Management Plan required by Section 17 -20 and construction
plans, if any, in conformity with Section 17 -10. Applicant shall specify the permit
quantity limit requested to be permitted for each storage facility. County's
designated officer shall give written notice of such application having been filed to the
City Manager.
Sec. 17 -37. Investigation.
The officer to whom an application for a new or renewed permit is
made may make such investigation of the applicant and the proposed facility or
activity as such officer deems necessary to carry out the purposes of this Chapter.
Sec. 17 -38. Approval of Permit.
A permit shall not be approved until the issuing officer is satisfied
that the storage approved adequately conforms to the provisions of this Chapter.
Sec. 17 -39.
Provisional Permit.
If the officer to whom application has been made finds that the
proposal does not completely conform to the provisions of this Chapter, the officer
may approve a provisional permit, subject to conditions to be imposed by the officer,
when such a provisional permit is feasible and does not appear to be detrimental to the
public interest. The applicant must be informed in writing of the reasons why a full
term permit was not issued.
Sec. 17 -40. Temporary Permit.
A Temporary Permit for storage may be issued where storage does
not exceed thirty (30) days and occurs no more frequently than every six (6) months.
The Containment Standards of Article III, the Hazardous Materials Management Plan
of Article IV and the Inspection and Records requirements of Article VII may be
modified as appropriate under these circumstances for the storage of hazardous
materials on a non - regular temporary basis.
Sec. 17 -41. Issuance of Permits.
(a) Issuance.
Upon the approval of a temporary, provisional, or full term
permit by the officer and upon the payment of any applicable fee, the officer shall
issue and deliver the permit to the applicant. Such permit shall contain the following
information:
(1) The name and address of the permittee for purposes of
notice and service of process;
(2) The address of the facility for which the permit is issued;
(3) Authorization for the storage facility(s) approved under
the permit, the permit quantity limit(s) and the approved hazard class
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or classes for the storage facility(s);
(4) The date the permit is effective;
(5) The date of expiration;
(6) When applicable, a designation that the permit is
provisional or temporary;
(7) Any special conditions of the permit.
(b) Records.
attached thereto. The officer shall keep a record of all permits issued and all conditions
Sec. 17 -42. Additional Approvals.
(a) When a request for an additional approval is filed as required by
Section 17 -35, the procedures set forth in this Chapter for an application for a permit
shall also apply to an application for an additional approval. Each application for an
additional approval shall be accompanied by an appropriate amendment to the HMMP.
(b) If the additional approval request is for closure of a storage
facility, permittee shall apply for approval to close such storage facility not less than
thirty (30) days prior to the termination of the storage of hazardous materials at the
storage facility. Such closure shall be in accordance with a closure plan which
describes procedures for terminating the storage of hazardous materials in each
storage facility in a manner that:
(1) Minimizes the need for further maintenance; and
(2) Controls to the extent that a threat to public health or
safety or to the environment from residual hazardous materials in the
storage facility is minimized or eliminated; and
(3) Demonstrates that hazardous materials that were stored
in the storage facility will be removed, disposed of, neutralized, or
reused in an appropriate manner. This thirty (30) day period may be
waived by County if there are special circumstances requiring such
waiver.
Sec. 17-43. Term.
A permit may be issued for a term of five (5) years, excepting
provisional permits which may be issued for any period of time up to six (6) months and
temporary permits which may be issued for no longer than thirty (30) days.
Sec. 17-44. Renewal.
Every application for the renewal of a permit or extension of a
provisional permit shall be made at least thirty (30) days prior to the expiration date
of such permit. If a timely application for renewal has been submitted, the permit
shall remain in effect until County has made its determination pursuant to Section 17-
45 and any administrative appeal pursuant to Article IX has been exhausted.
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Sec. 17 -45.
Determination.
County shall make a determination with regard to any application for
a permit, an additional approval, or a renewal, within ninety (90) days from the date
that the application has been completed or compliance with the appropriate provisions =
of the California Environmental Quality Act (CEQA), has been completed, whichever
occurs later. This time limit may be further extended by mutual agreement between
County and applicant.
Sec. 17-46. Fees.
County shall establish fees by resolution sufficient to recover its
costs in administering this Chapter and no application shall be accepted unless and
until the fees have been paid.
(a) Delinquent Fees.
All permit fees delinquent for thirty (30) days or more shall be
subject to an additional charge to be determined by County which shall be added to the
amount of the fee collected.
(b) Refund of Fees.
No refund or rebate of a permit fee shall be allowed by reason
of the fact that the permit is denied or the permittee discontinues the activity or use
of a facility prior to the expiration of the term or that the permit is suspended or
revoked prior to the expiration of the term.
Sec. 17 -47.
Transfer of Permit.
The permit may be transferred to new owners of the same business
only if the new owners accept responsibility for all obligations under this Chapter at
the time of the transfer of the business and document such transfer on a form provided
by County within thirty (30) days of transfer of ownership of the business. Such
transfer shall be subject to the approval of County.
Sec. 17 -48.
Effective Date of Permit.
No permit shall become effective until the permit has been signed
and accepted by the permittee. Where the permittee is a company, firm or
corporation, the acceptance must be signed by a person having the legal authority to
bind the permittee.
ARTICLE IX
Denial
Sec. 17 -49. Denial of Application.
If the officer to whom application has been made has cause to deny
the application and determines that it would not be feasible or in the public interest to
approve a temporary or provisional permit, then the officer shall deny the application.
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Sec. 17 -50. Grounds for Denial.
A permit shall be denied if the applicant fails to demonstrage
adequate conformity to the provisions of this Chapter. In addition, a permit can be
denied for any of the grounds upon which the permit would be subject to revocation
pursuant to Article X.
Sec. 17 -51. Transmittal of Decision.
The decision to deny the application shall be given to the applicant in
writing, setting forth the findings upon which the decision is based. A copy of such
decision shall also be furnished to the City Manager.
Sec. 17 -52. Appeal to County Executive.
Within thirty (30) days from the date of deposit of the decision in the
mail in accordance with Section 17 -64, the applicant may appeal, in writing, to the
County Executive, or the designee thereof, setting forth with particularity the ground
or grounds for the appeal.
Sec. 17 -53. Hearing on Appeal.
The County Executive shall set a time and place for the hearing on
the appeal and shall notify the applicant, in writing, of such date and time, not later
than ten (10) working days from the date the appeal was received by the County
Executive. A copy of such notice shall also be furnished to the City Manager. The
hearing shall be conducted within thirty (30) days from the date the appeal was
received by the County Executive.
Sec. 17 -54. Disposition of Appeal.
. After the hearing on the appeal, the County Executive, or Designee
thereof, may refer the matter back to the originating officer for a new investigation
and decision, may affirm the decision of the originating officer, may approve a
provisional permit as provided in Section 17 -39 or may approve the application with or
without conditions. The decision of the County Executive shall be the final
administrative determination and is subject to judicial review. A copy of such decision
shall be furnished to the City Manager.
ARTICLE X
Remedial Action
Sec. 17 -55. Grounds for Remedial Action
A permit may be subjected to remedial action for any of the
following causes, arising from the acts or omissions of the permittee, either before or
after a permit is issued:
(a) Fraud, willful misrepresentation, or any willful inaccurate or
false statement in applying for a new or renewed permit;
(b) Fraud, willful misrepresentation, or any willful inaccurate or
false statement in any report required by this Chapter;
(c) Failure to abate, correct or rectify any noncompliance within
the time specified in the notice of noncompliance;
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(d) Failure to correct conditions constituting an unreasonable risk
of an unauthorized discharge of hazardous materials within a reasonable time after
notice from a governmental entity other than County;
(e) Failure to abide by the remedial action imposed by County.
Sec. 17 -56. Notice Noncompliance.
Unless the County Executive finds that an immediate suspension
under Section 17 -58 is necessary to protect the public health or safety from imminent
danger, the officer shall issue a notice of noncompliance:
(a) For failure to comply with the provisions of this Chapter, any
permit conditions or any provisions of the Hazardous Materials Management Plan; or
(b) Before instituting remedial action pursuant to Section 17- 55(d).
Such notice shall be sent by certified mail to permittee. If the noncompliance is not
abated, corrected, or rectified within the time specified, remedial action may be
taken.
Sec. 17 -57. Notice of Hearin .
A notice of hearing shall be given to the permittee by the County
Executive in writing, setting forth the time and place of the hearing, the ground or
grounds upon which the remedial action is based, the pertinent code section or
sections, and a brief statement of the factual matters in support thereof. The notice
shall be given at least fifteen (15) days prior to the hearing date. A copy of such
notice shall be furnished by the County Executive to the City Manager.
Sec. 17 -58. Suspension Prior to Hearing.
Whenever the County Executive finds that suspension of a permit
prior to a hearing for remedial action is necessary to protect the public health or
safety from imminent danger, the County Executive may immediately suspend any
permit pending the hearing for remedial action. The County Executive shall
immediately notify the permittee of such suspension by having a written notice of the
suspension personally served on the permittee. Permittee shall have the opportunity
for a preliminary hearing with regard to such prehearing suspension within three (3)
working days of receiving written notice of such suspension.
Sec. 17 -59.
Remedial Action.
If the County Executive after the hearing, finds that cause exists for
remedial action, the County Executive shall impose one or more of the following:
(a) A warning;
(b) An order to correct the particular noncompliance specified in
the notice issued pursuant to Section 17 -56;
(c) A revocation of the permit for the facility or for a storage
facility and approval of a provisional permit;
(d) Suspension of the permit for the facility or for a storage
facility for a specified period not to exceed six (6) months;
-28-
(e) Modification or addition of conditions of the permit;
(f) Revocation of the permit with no reapplication permitted for
specified period not to exceed five (5) years.
If the grounds for remedial action are based on Section 17- 55(c), (d) or
(e) and if such grounds are limited to one storage facility, the remedial action taken
shall be limited to that storage facility.
Sec. 17 -60. Transmittal of Decision.
Within ten (10) days of the hearing the County Executive shall render
a written opinion, stating the findings upon which the decision is based and the action
taken, if any. The decision of the County Executive shall be the final administrative
determination and is subject to judicial review. A copy of such decision shall be
furnished to the City Manager.
Sec. 17 -61. Authority After Suspension, Revocation or Expiration.
The suspension, revocation or expiration of a permit issued under this
Chapter shall not prevent any proceedings to investigate such permit, any remedial
action against such permittee or any proceeding against such permittee.
Sec. 17 -62.
Return of Permit.
In the event that a permit issued under the provisions of this Chapter
is suspended or revoked, the permittee shall forward it to the issuing officer not later
than the end of the third business day after notification of such suspension or
revocation.
ARTICLE XI
Hearing Procedure
Sec. 17 -63. Hearing Rules.
In any hearing under this Chapter, all parties involved shall have the
right to offer testimonial, documentary, and tangible evidence bearing on the issues,
to be represented by counsel, and to confront and cross examine any witnesses against
them. Any hearing under this Chapter may be continued by the person conducting the
hearing for a reasonable time for the convenience of a party or a witness.
Sec. 17 -64. Hearing Notices.
All notices required by this Chapter shall be sent by certified mail,
postage prepaid, to the applicant or permittee at the address given for purposes of
notice on the application or permit or delivered to the permittee personally.
ARTICLE XII
Enforcement
-29-
Sec. 17 -65. Criminal Penalties.
Criminal sanctions may be sought for violations of this Chapter, to
the extent available under existing City or County ordinance code provisions.
Sec. 17 -66. Civil Penalties.
Any person, firm, or corporation who intentionally or negligently
violates any provision of this Chapter, except that an unauthorized discharge which is
recordable and recorded in compliance with Section 17 -27 shall not be a violation of
this Chapter for purposes of this Section, or fails to comply with any order issued
thereunder, shall be liable for a civil penalty not to exceed Five Hundred Dollars
($500) per day for each violation which shall be assessed and recovered in a civil action
brought in the name of the people by the County Counsel. In determining the penalty,
the, court shall consider all relevant circumstances, including, but not limited to, the
following:
(a) The extent of harm or potential harm caused by the violation;
(b) The nature and persistence of the violation;
(c) The length of time over which the violation occurred;
(d) The frequency of past violations;
(e) The permittee's record of maintenance;
(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which County prevails,
the court shall determine and impose reasonable expenses, including attorney's fees,
incurred by County in the investigation and prosecution of the action.
Sec. 17 -67. Civil Action for Retaliation.
A civil action may be instituted against any employer by any
employee who has been discharged, demoted, suspended, or in any other manner
discriminated against in terms or conditions of employment, or threatened with any
such retaliation, because such employee has, in good faith, made any oral or written
report or complaint related to the enforcement of this Chapter to any company
official, public official or union official, or has testified in any proceeding in any way
related thereto. In addition to any actual damages which may be awarded, damages
shall include costs and attorney's fees. The court may award punitive damages in a
proper case.
Sec. 17 -68. Remedies not Exclusive.
Remedies under this Article are in addition to and do not supersede
or limit any and all other remedies, civil or criminal.
ARTICLE XIII
Miscellaneous
-30-
Sec. 17 -69. Disclaimer of Liability.
(a) The degree of protection required by this Chapter is considered
reasonable for regulatory purposes. The standards set forth herein are minimal
standards and this Chapter does not imply that compliance will ensure that there will _
be no unauthorized discharge of hazardous material. This Chapter shall not create
liability on the part of County, the City of Saratoga, or any officer or employee
thereof for any damages that result from reliance on this Chapter or any administra-
tive decision lawfully made hereunder. All persons handling, storing, using, processing,
and disposing of hazardous materials within the City should be and are advised to
determine to their own satisfaction the level of protection in addition to that required
by this Chapter necessary or desirable to ensure that there is no unauthorized
discharge of hazardous materials.
(b) This Chapter is not intended to create any different standard or
obligation for the storage of carcinogens than' is imposed for the storage of other
hazardous materials. Hazardous materials are identified as carcinogens herein for
public record purposes only and the identification of a material as a carcinogen shall
not require a different or stricter application of the provisions of this Chapter, nor
notice to any person under any circumstances other than those expressly specified in
this Chapter, nor shall such identification create any other duty or obligation upon
County different from or additional to those duties or obligations applicable to the
storage of other hazardous materials.
See. 17-70. Guidelines.
Guidelines approved by the County Executive shall be maintained in
the Office of the Clerk of the County Board of Supervisors. Such guidelines, in the
areas addressed therein, shall serve as an interpretation of this Chapter.
Sec. 17 -71. Duties are Discretionary.
Subject to the limitations of due process, notwithstanding any other
provision of this Chapter whenever the words "shall" or "must" are used in establishing
a responsibility or duty of County, its elected or appointed officers, employees, or
agents, it is the legislative intent that such words establish a discretionary responsibil-
ity or duty requiring the exercise of judgment and discretion.
Sec. 17 -72. Conflict with Other Laws.
Notwithstanding any other provision of this Chapter:
(a) A storage facility regulated by any state or federal agency will
be exempted from any conflicting provision of this Chapter.
(b) If the storage facility is required to have a permit from the
Department of Health Services under Health and Safety Code Section 25100 et seg., it
shall be exempted from any provision of this Chapter which is covered by the
regulations adopted under the above cited statute.
(c) Whenever any provision of this Chapter conflicts with the Fire
Code as adopted by the City of Saratoga, the stricter shall prevail.
-31-
ARTICLE XIV
Compliance Schedule
Sec. 17 -73. Time Table for Initial Compliance. - -
(a) New Storage Facilities.
(1) As of the effective date of this Chapter, a Hazardous
Materials Storage Permit for a facility must be obtained prior to the
installation or use of any new storage facility unless a building permit
for such new storage facility was issued prior to such date.
(2) The Hazardous Material Management Plan must be filed
at the time of application for a Hazardous Material Storage Permit.
(b) Existing Storage Facilities.
(1) A facility which has any existing hazardous materials
storage facilities or had obtained a building permit for such a storage
facility prior to the effective date of this Chapter, and to which no
new storage facility is added, shall have one (1) year from such
effective date to file a completed application for a Hazardous
Materials Storage Permit, including a monitoring plan in accordance
with Section 17 -12. The time limitation for determination specified in
Section 17 -45 shall not apply but the applicant shall be deemed to
have a provisional permit of indefinite term, until County makes such
determination.
(2) Notwithstanding the above, a Hazardous Material
Inventory Statement, if applicable, must be filed within ninety (90)
days of the effective date of this Chapter.
SECTION 2:
If any section, subsection, sentence, clause, or phrase of this Chapter is for
any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Chapter. The City Council hereby declares that it would have passed
this Chapter and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Chapter would be subsequently declared invalid or unconstitutional.
SECTION 3:
This Ordinance shall be in full force and effect thirty (30) days from the
date of its final passage and adoption.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of , 1983, by the following
vote:
-32-
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
-33-
MAYOR
CITY OF SARAJOGA
Initial:
AGENDA BILL NO: SSS- Dept. Hea
DATE: November 28, 1983 City Atty,
DEPARTMENT: Maintenance City Mgr
SUBJECT: Award of Contract - Furnish and Install Underground Fuel Tank
Issue Summary
The City received two bids on November 28, 1983 for the furnishing and installation of an
underground fuel tank. This project was approved in the 1983 -84 Capital Improvement
Budget. The lowest bid was Mello Petroleum Maintenance and Construction Company of
San Jose with a total bid of $6,326. The Engineer's estimate for this work was $7,000.
Recommendation
Award the contract to furnish and install underground fuel tank to the low bidder,
Mello Petroleum, in the amount of $6,326.
Fiscal Impacts
This project was approved in the 1983 -84 Capital Improvement Budget utilizing Revenue
Sharing Funds.
Exhibits /Attachments
Bid Summary.
Council Action
12/7: Moyles /Callon moved to approve with provision of $3650 to allow for double oontainment
of fuel tank. Passed 5 -0.
City of Saratoga
Community Development Department
DATE No• 28_0198
u ........ N.-a"BID SUMMARY
TIME: 2 : 00 M
Sheet .1 oft
:t
PROJECT
Furnish and Install
Underground Fuel Tank
_
ENGINEER'S
nit
.ice Amount
MELLO PETRO
iit
Amount
EAGAN &PARADISO
Uit
Amount
to
Description
p
Quantity
it
Unit
Amount
Unit
1cP
Aniount_E�cjm
1
Furnish and Install
Underground Fuel Tank
L.S.
LS
LS
$7000.00
LS
$6326.00
LS
$10,444.00
.r- r
DISCUSSION ON CITY FUEL TANK, ITEM IV. D. 1., 12/7/83
Callon: Will this comply with the new ordinance that we are adopting?
Dernetz: Yes. It oomplies with the monitoring provisions of the new ordinance.
Callon: Then this is double containment?
Dernetz: It is not double containment.
Callon: Why is it not double containment?
Toppel: ...prior to the effective date of the new ordinance.
Callon: I think that's very bad. Is that true? We're not doing to hold it to the new
standards that we're requring everyone else to?
Dernetz: We have an option. Technically this contract does comply with the
ordinance. The work was begun before we were in the process of putting that ordinance
together- -the bid went out, and we did not change the bid technically, but we do have an
option within the full budget amount. (Discussion continued.)
CITY OF SARATOGA
Initial:
AGENDA BILL NO. 5SS7 Dept. Hd.
DATE: November 28. 1983 (December 7, 1983)
DEPARTMENT: Community Development
C. Atty.
C. Mgr.
Ste. GF -344, Second Unit Ordinance, Allows second units as conditional uses for
certain lots in the R -1- 40,000 district
Issue Summary
1. The Planning Commission adopted a resolution recommending approval of the attached
ordinance at its meeting of November 9, 1983 in compliance with State Law.
2. State Law allows three options: a) Adopt an ordinance allowing second units subject
to City Regulations, b) Adopt an ordinance prohibiting second units after making
stringent findings, or c) Do nothing and second units would be allowed as conditional
uses if they comply with State criteria.
3. The Commission adopted the attached ordinance to limit the potential impacts associated
with second units. About 200 lots in Saratoga would qualify for second units under
the ordinance proposed.
4. Some people in the community feel that the ordinance could be liberalized without
adverse effects on the City and be more in keeping with the intent of State Law.
Recommendation
1. Staff had recommended that the Planning Commission propose a more liberal second unit
ordinance (20,000 sq. ft. minimum in any R -1 district) rather than the ordinance
currently proposed (45,000 sq. ft. minimum in the R -1- 40,000 district).
2. The Planning Commission made the required findings and recommends adoption of the
attached ordinance.
3. To adopt this ordinance the Council needs to do the following:
a. Adopt the Negative Declaration
b. Open the public hearing and have the first reading of the ordinance.
C. Make the Necessary findings
d. Have the second reading of the ordinance at the next Council meeting.
Fiscal Impacts
None anticipated
Exhibits /Attachments
Exhibit "A" - Second Unit Ordinance Exhibit "G" - Copy of State Law - SB -1534
Exhibit "B" - Resolution No. GF -344 -1
Exhibit "C" - Negative Declaration
Exhibit "D" - Staff Reports dated 9/21/83, 8/10/83 & 7/14/83
Exhibit "E" - Correspondence regarding second units
Exhibit "F" - Planning Commission Minutes
Council Action
12/7: Consensus to consider at study session 1/24.
RESOLUTION NO. GF -344 -1
RESOLUTION RECOMMENDING PROPOSED AMEND14ENT TO
THE ZONING ORDINANCE OF THE CITY OF SARATOGA
WHEREAS, the Commission held a Public Hearing on said proposed
amendment, which Public Hearing was held at the following time and
place, to wit: At the hour of 7:30 p.m. on the 9th day of November
1983, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga
California; and thereafter said hearing was closed, and
WHEREAS, after consideration of the proposed amendment as it
would affect the zoning regulation plan of the City of Saratoga, and
after consideration of a Negative Declaration prepared for the project
and brought before the Commission, this Commission has made certain
findings and is of the opinion that the proposed amendment attached
hereto and marked Exhibit "C" should be affirmatively recommended to
the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Saratoga as follows: That the proposed amendment attached
hereto be and the same is hereby affirmatively recommended to the
City Council of the City of Saratoga for adoption as part of the
Zoning Ordinance of said City, and that the Report of Findings of
this Commission, a copy of which report is attached hereto and marked
Exhibit "B ", be and the same is hereby.approved, and
BE IT FURTHER RESOLVED that the Secretary is directed to send
a copy of this Resolution of Recommendation with attached Proposed
Amendment and Report of Findings and a summary of hearings held by
this Commission to the City Council for further action in accordance
with State Law.
PASSED AND ADOPTED by the City of Saratoga Planning Commission,
State of California, this 9th day of November 1983 by the
following roll call vote:
AYES: Commissioners Nellis,' Schaefer and Siegfried
NOES: Commissioner Hlava
ABSENT: Commissioners Crowther and
ABSTAIN: Commissioner Peterson
ATTEST:
--Sevcrdtary
4. «6
McGoldric
Chairman of the Planni Commission
VTMn TAIeIO _
GF - -'4
"Ex( ..)it B ".
1. The proposed changes in the text of the zoning ordinance are
required to achieve the objectives of the General Plan and
the zoning ordinance as prescribed in Section 1.1 of the ord
iftance.
2. The proposed changes in the text of the zoning ordinance are
required to comply with State Law taking into account the
environmental constraints of the City and the concerns of its
residents.
3. The proposed zoning amendment will not have a significant impact
on the environment, or adversely affect public health, safety
or welfare.
EIA -4
Saratoga
C. File No: GF -344
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 following described project will
have no significant effect (no substantial adverse impact) on the environment
within the terms and meaning of said Act.
PROJECT DESCRIPTION
Adoption of an ordinance to allow second units on certain single- family
lots in certain R -1 districts in the City of Saratoga through the use
permit process.
NAME AND ADDRESS OF APPLICANT
City of Saratoga- ..
13777 Fruitvale Avenue
Saratoga CA 95070
REASON F6R NEGATIVE DECLARATION
The number of second units anticipated is unlikely to be substantial.
These units will be infill projects which will not require the sig-
nificant extension of urban services. Construction impacts will be
mitigated through the use permit process and by application of
existing codes and ordinances.
Executed at Saratoga, California this 6th day of September , 19 83.
ROBERT S. SHOOK
DIRECTOR OF COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL CONTROL OF THE CITY OF
SA, 40GA�
/ A I� /
DIRECTOR'S AUTHORIZED STAFF MEMBER
C 4. /1 C ((
REPORT TO PLANNING COMMISSION
DATE: 9/21/83
Commission Meeting: 9/28/83
SUBJECT: GF— 344 , SECOND UNIT ORDINANCE
STATE LAW
The State Legislature adopted a law (SB- 1534) in 1982 which would
allow local governments to permit second units on single family or
multi - family residential lots consistent with certain provisions.
This law went into effect on July 1, 1983. One of the purposes of
this law was to allow existing underutilized housing resources in
the State to be more effectively used to help solve the problem of
unmet housing needs. SB -1534 (Government Code Section 65852.2)
gives local governments three basic options for complying with the
law:
1. Adopt an ordinance allowing second units subject to reg
ulations adopted by the City.
2. Adopt an ordinance prohibiting second units but only after
stringent findings are made.
3. If no ordinance is adopted, second units would be allowed
as conditional uses in all residential zoning districts if
they complied with the criteria established in the law.
The City has focused on the first option listed above. The Planning
Commission has had study sessions and a joint meeting with the City
Council on this subject.
SARATOGA'S DRAFT ORDINANCE
Attached to this report is a draft ordinance which would allow second
units to be located in the R- 1- 40,000 zoning district under certain
conditions upon the receipt of a use permit. The location and design
of the proposed second unit would have to comply with the following
criteria:
ri lr
Report to the Planning Commission 9/21/83
GF -344, Second Unit Ordinance Page 2
1. Minimum site area must be 45,000 sq. ft.
2. Average lot slope can not exceed 100.
3. Second Unit must be no larger than 640 sq. ft.
4. Must comply with existing building code and zoning ordinance
requirements including setbacks, coverage, height limits, etc.
5. One enclosed parking space for the second unit in addition
to existing parking provided.
6. Second unit must be served by sanitary sewer.
-7. Main dwelling or second unit must be occupied by the owner
of the property.
8. Second unit must use same driveway access as main dwelling.
The Planning Commission must also make special findings in addition
to the normal use permit findings to allow a second unit to occupy
a particular site. This ordinance was the product of considerable
discussion during Commission Study Sessions. The Commission may
decide to change any of the provisions of this ordinance as a result
of comments received during the public hearing process.
IMPACT OF THE PROPOSED ORDINANCE
Both the Planning Commission and the City Council wanted to know
what the potential impact of the draft ordinance would be particularly
in terms of the number ofi.lots that would be available to accommodate
second units. The ordinance limits second units to the R -1- 40,000
zoning district and lots of 45,000 sq. ft. or greater with average
slopes less than 10 %. Staff has reviewed final subdivision maps,
assessor's block books, and the topography map shown on the City's
Master Storm Drainage Plan to estimate the number of lots that would
conform to the criteria mentioned above. Staff estimates that about
200 lots would meet the criteria of the draft ordinance. This number
might increase slightly if the larger R -1- 40,000 parcels are further
subdivided but a substantial increase is not expected.
This is a very modest number of potential second units particularly
since it is unlikely that all of the lots that could potentially
accommodate a second unit would do so.
PUBLIC HEARING
Notice of the public hearing for this ordinance was published in the
newspaper in a 1/4 page format and individual homeowners associations
and pertinent civic and community groups were informed by mail. The
notice briefly summarized the ordinance per the specifications of
the Planning Commission. The notice stated that certain requirements
of the draft ordinance may be changed by the Commission during the
public hearing process.
Report to the Planning Commission 9/21/83
GF -344, Second Unit Ordinance Page 3
FTNDTNnq
If the Planning Commission wishes to recommend adoption of the pro -
posed ordinance to the City Council, the following findings must be
made:
1. The proposed changes in the text of the zoning ordinance
are required to achieve the objectives of the General Plan
and zoning ordinance prescribed in Section 1.1.
2. The proposed changes in the text of the zoning ordinance
are required to comply with State Law taking into account
the environmental constraints of the City and the concerns
�of its residents.
3. The proposed zoning amendment will not have a significant
impact on the environment, or adversely affect public health,
safety or welfare.
CONCLUSION
If the Planning Commission feels, after hearing public testimony,
that the draft ordinance is acceptable, then Resolution GF -344 -1
should be approved recommending adoption of this ordinance by the
City Council. As drafted, the proposed ordinance would not have a
significant effect on the environment or the character of the City.
It is Staff's opinion, that the ordinance could be made more effective
in addressing the problem of unmet housing needs with the minor
modification of allowing second units on minimum lot sizes of 40,000
sq. ft. with slopes less than 10 %. Staff estimates this would bring
the total number of lots available for second units to 500 -600 lots..
This would allow the City to reasonably depend on second units to
meet the housing needs of the projected low to moderate income house-
holds.
APPROVED
Michael Flores
Assistant Planner
I
REPORT TO PLANNING COMMISSION
DATE: 8/10/83
Commission Meeting: 8/16/83
SUBJECT' GF -344, Second Unit Ordinance
The Planning Commission at its Committee -of- the -Whole meeting of
July 19, 1983 discussed several options proposed by staff on how
second units should be regulated if they are permitted as conditional
uses. The Commission agreed with staff on two points:
1. That second unit use permits should not be allowed to vary
from ordinance standards.
2. Existing second units should be required to receive use
permits to be legitimized (i.e. no second units would
be "grandfathered -in ").
Considerably more discussion was involved with determining the
minimum lot size and maximum square footage that would be allowed
for second units. The majority of the Commission members present
at the meeting felt that limiting second units to the R -1- 40,000
districts on lots 40,000 sq. ft. or greater in size was appropriate.
Some Commissippe�s felt that 80,000 sq. ft. minimum lot sizes would
be more appropriate.
Commission consensus was not as clear on to how the size of second
units should be limited. Some Commissioners felt that second unit
size should be allowed to vary as a percentage of lot size with an
upper limit. Other Commissioners agreed with staff that an upper
limit should be used to limit the size of second units regardless
of lot size. This second option makes particular sense if second
units are only to be allowed in the R -1- 40,000 district.
The Commission indicated that either detached or atta.,ched unit.
would be appropriate. Staff still believes that attached second
units could be allowed on lots smaller than 40,000 sq. ft. without
adverse impacts on neighboring properties.
Report to the Planning Commission
GF- 34 4
8/10/83
Page 2
Staff has revised the last draft of the proposed second unit ordinance
to reflect Commission consensus where it was clear and provided
alternatives or options from which the Commission can choose. A
preamble to the ordinance has been added to provide some of the
general reasoning leading to the proposed second unit ordinance.
444
Michael Flores
Assistant Planner
MF /bj c
P.C. Agenda 8/16/83
D R A F T
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ORDINANCE, NS -3, THE ZONING ORDINANCE, BY ADDING
SECOND UNITS AS CONDITIONAL USES IN R -1 DISTRICTS
SECTION 1: Statement of Findings
The City of Saratoga recognizes that .there are unmet housing needs for
households in both the community and the region. The City also
recognizes that some of its existing housing resources are under-
utilized and could provide an innovative and cost - effective method
to deal with unmet housing needs. However, there are environmental
constraints the City faces which limit. the use of innovative methods
such as second dwelling units. In particular, such units would
not be appropriate in hillside areas since these areas have geological,
drainage, circulation, and public facility constraints (water,
sewage, storm drainage, etc.) on development. In the flatter por-
tions of the City, the use of second dwelling units is limited by
the amount of traffic that can adequately be accommodated on local
streets. The following ordinance incorporates these limitations in
an effort to provide increased housing without straining City resources.
The Citv Council of the City of Saratoga does hereby ordain as follows:
SECTION 2: Subsection 1.5(nn -2) is hereby added to Ordinance NS -3 of
the City of Saratoga to read as follows:
nn -2. Second Unit or Second Dwelling Unit.
A room or suite of rooms within, or an accessory structure
to, the existing main dwelling in an R -1 zoning district
which contains a separate kitchen (cooking facilities),
bathroom facilities, and its own separate entrance. This
unit shall be used exclusively as a rental unit.
SECTION 3: Subsection 3.3(L)(Conditional Uses) is hereby added to
Ordinance NS -3 of the City of Saratoga to-read as follows:
L. One (1) second unit or second dwelling unit -on.a single
family lot zoned R -1- 40,000 with a minimum site area
of 40,000 square feet that complies with the following:
1) The second unit is no larger than 640 square feet.
or
1) The second unit is no larger than 1.25% of the
site area of the single family lot and in no case
exceeds a maximum size of 640 square feet.
2) The second unit
code, zoning and
(including, but
coverage, height
3) A minimum of one
provided for the
covered parking
dwelling.
c
complies with applicable building
other ordinance requirements
not limited to, required setbacks,
limits and design review).
(1) covered parking space is
second unit in addition to the
spaces required for the main
4) The second unit shall be served by sanitary sewer.
Under no circumstances will a second unit be
served by a septic tank system.
5) Either the existing main dwelling or the second
unit is maintained as the principal place of
residence of the record owner of the lot.
6) The second unit is served by the same driveway
access to the street as the existing main dwelling
SECTION 4: Section 3.6.(One dwelling-unit per_.site)'of Ordinance,
NS -3 of the City of.Saratoga is hereby "amended to read:
Not more than one (1) dwelling unit shall be located on
each site unless a use permit for a.second unit is granted
in conformance with Section 3.3(L) and Article 16 of this
ordinance.
SECTION 5: Section 16.1 -1 (Status of conditional uses) of Ordinance
NS -3 of the City of Saratoga is hereby amended to read:
A conditional use is not a matter of right, and the Planning Commission
may deny a use permit for a use listed as conditional use if it finds
that reasonable regulations would still not prevent the use from
adversely affecting existing uses in the immediate neighborhood, or
would not prevent the use from adversely affecting surrounding
property and its inhabitants or its anticipated permitted use or
uses.
A conditional use other than a second dwelling unit on an R -1 lot,
may be permitted by a use permit to have different site area, density,
structure height, distances between structures, site coverage, front,
side and rear yard minimums, off - street parking requirements, other
than as listed under the specific regulations for uncondi.tional per -.
mitted uses in the zoning district in which it lies, but only if
such changes from the specific regulations are clearly set forth in
Ordinance NS.3 in relation to any such conditional use.
SECTION 6: Section 16.6.2 is hereby added to Ordinance NS -3 of the
City of Saratoga to read as follows:
Section 16.6.2 Findings to Allow Second Units on R -1 Lots
The City 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 the following findings
in addition to the findings required in Section 16.6
of this ordinance:
(a) The proposed second unit complies with the require-
ments of Subsection 3.3(L) of the Zoning Ordinance.
(b) The proposed second unit will not materially reduce
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 will not cause excessive
noise, traffic congestion, parking congestion, or
overload existing public facilities or utilities.
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, such decision shall
not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Saratoga
hereby declares that it would have passed this Ordinance
and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be
held invalid or unconstitutional.
SECTION 8: This Ordinance shall take effect and be in full force
and effect thrity (30).days from and after the date of
its passage and adoption.
The foregoing Ordinance was introduced and adopted at a regular
meeting of the City Council of the City of Saratoga held on the
day of , 1983, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
REPORT TO PLANNING COMMISSION
DATE: 7/14/83
Commission Meeting: 7/19/83
SUBJECT: GF -344, Second Unit Ordinance
At its Commitee -of- the -Whole meeting of July 5, 1983 the Planning
Commission reviewed a staff proposal for the Second Unit Ordinance
as .required by State Law. During that meeting the Commission asked
staff to come up with options dealing with different standards for
attached and detached second units. The Commission also discussed
whether or not variations in development standards (setbacks, coverage,
etc.) should be allowed through the use permit process for second
units. The question of whether existing second units (non - conforming
or otherwise) should be legitimized through the Second Unit Ordinance
was also brought up.
OPTIONS
Standards for Attached or Detached Units - Location
Option #1
During the Committee -of- the -Whole meeting there appeared to be
Commission consensus on having less restrictive standards for attached
units in terms of where they can be located. One method of dealing
with this issue would be to allow attached second units as conditional
uses in all R -1 districts but only.allowing detached second units in
R -1- 20,000 or R -1- 40,000 districts. If this option is considered to
broad, the Commission could limit attached second units to R -1- 12,500
or lower density zoning districts rather than all R -1 districts.
Option #2
Rather than limit detached or attached second units to particular
R -1 zoning districts, the ordinance could be written to limit these
units to particular lot sizes. This would eliminate the possibility
of allowing second units on unsuitable non - conforming lots. Attached
second units could be allowed on R -1 lots of 10,000 sq. ft., 15,000 sq.
ft. or larger and allow detached second units only on lots of 40,000
sq. ft. or greater.
t Ls
'I
• Report to the Planning Commission r 7/14/83
GF -344 Page 2
Standards for Attached or Detached Units - Size
Option #1
Second unit size could be limited to a specific upper limit such as
640 sq. ft. for all second units. Or different upper limits for
attached or detached units could be developed. If the Commission
felt that detached units would have less of a visual impact because
they would be located on larger lots,' and would not add to the bulk
of the main dwelling, then such units could have a higher limit of
perhaps 750 sq. ft. However, it might be determined that 640 sq. ft.
is an appropriate upper limit and that attached units should have a
lower square footage to limit their impact on the bulk of the main
dwelling.
Option #2
The size of second units could be limited based on the size of the
property. If the Commission wishes to regulate the size of these
units in this manner staff would recommend that the second units be
limited in size to,-1.5% - 2.0% of the site area. This limit would
allow the following second unit sizes based on lot size:
Lot Size
Second
Unit
Size
10,000
sq.
ft.
150 -200
sq.
ft.
15,000
sq.
ft.
225 -300
sq.
ft.
20,000
sq.
ft.
300 -400
sq.
ft.
30,000
sq.
ft.
450 -600
sq.
ft.
40,000
sq.
ft.
600 -800
sq.
ft.
Even with this sort of limitation the Commission may still want to
have an upper limit on the size of the second unit regardless of .the
.,size of the property to prevent excessively large second units.
Variations in Development Standards
Option #1
Currently Article 16, Section 16.1 -1, of the zoning ordinance allows
certain development standards including site area, density, height,
coverage, parking, setbacks, etc., to be varied through the use
permit process. If the Commission does not want to allow these types
of variations for second units a specific provision would have to be
written into the ordinance indicating that the last pragraph of
Section 16.1 -1 would not apply to second units.
Option #2
The Commission could determine that certain development standards
could be varied to give the Commission some flexibility in dealing
with second units. If so, a section could be written into the ordinance
specifying those development standards that could be varied through
Report to the Planning Commission
GF- 344
the use permit process. For example, if the second unit
occupied by a senior citizen without a car the Commission
to waive the requirement for an additional parking space.
Legitimizing Existing Second Units
Option #1
7/14/83
Page 3
were to be
might wish
The Commission could grandfather in those second units that exist at
the time of the adoption of the ordinance and that comply with appli-
cable building codes. These units could be issued a certificate of
compliance after successfully passing inspection by the City. The
owners of such units would have to volunteer for these inspections
prior to being legitimized.
Option #2
The Commission could require the owners of existing second units to
apply for a use permit regardless of their location so that the
Commission could determine the merits of each individual case. This
option means that if a use permit request is denied the second unit
would have to be removed. There is not much incentive in—this option
for second unit owners to come forward to legitimize these units, but
it does give the City greater control.
RECOMMENDATION
The Commission should select the options it feels are appropriate from
those listed above or others suggested by the Commission. Staff will
then take those.suggestions and redraft the ordinance for Commission
consideration at its August 10, 1983 meeting.
Staff would recommend the following options:
1. Set an upper limit square footage for all second units rather
than vary them by lot size. This option would be easier for
staff to measure and recognizes that second units would likely
be of a similar size.
2. Second units should be located based on lot size rather than
zoning district. Attached units should be limited to no
smaller than 10,000 sq. ft. lots. Detached units should be
limited to 40,000 sq. ft. lots.
3. Second Unit use permits should not be allowed to vary from
ordinance standards so that potential impacts can be limited.
4. Existing second units should be required to receive use per-
mits to be legitimized so that the appropriateness of their
locations can be reviewed.
1
APPROVED
Michael Flores
Assistant Planner
MF /bjc
P.C. Agenda 7/19/83
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RECEIVED
OCT 2j 5 11983
CONUUNITY DEVELOPMENT
19597 Via Monte Drive
Saratoga, California 95070
October 23, 1983
TO: MEMBERS OF THE SARATOGA PLANNING COMMISSION
On October 26 you are scheduled to consider for recommendation to
the City Council a proposed amendment (GF -344) to Saratoga's Zoning
Law that would allow second units on single - family residential lots
under certain conditions. In my opinion, the proposed amendment
contains a grave weakness which can be alleviated by Incorporating
recommendations made by the Saratoga Area Senior Coordinating Counci
and Richard V. Drake (see the Commission's letter file and the
Sargtoga News of October 12, 1983).
The central weakness of the proposed amendment is that it fails to
take advantage of an opportunity to provide a modest measure of
alleviation of Saratoga's twin problems of an acute housing shortage,
on the one hand, and a substantial amount of "overhousing ", on the
other.
"Overhousing" here refers to existing dwellings which are obviously
oversized in relation to the number of people now living in them. This
well documented and widely discussed problem stems in part from de-
creasing trends in family size and in part from the fact that an ever -
increasing number of medium and larger homes are occupied by only one
or two "empty nester" senior citizen parents whose children have
grown up and gone away.
The owners of some of these residences would like to somehow provide
a "second unit" that would permit parents, in -laws, relatives, nursing
help for the elderly, or others to live close to, but not become a
part of, the immediate household of the primary occupants. The
proposed ordnance would recognize this need only in the case of
detached second structures on very large lots, where It would apply to
possibly not more than 27. or 3% of the households that want and need it.
From all apearances, the proposed ordnance violates the spirit and
probably violates the letter of existing State legislation (SB -1534)
which provides guidelines to be used by municipalities in attempting
to relieve housing shortages. The obvious intent behind the State
legislation is that significant action will be taken at the community
level toward this end. Although the proposed Saratoga ordnance
presents a facade of compliance, its content appears designed to
circumvent rather than comply with the intent of the State legislation.
If adopted and incorporated into the ordnance, the "common wall"
concept proposed by the Coordinating Council and Mr. Drake would at
least constitute a step in the right direction. It would do so by
permitting second units on existing residential lots if certain con-
ditions are met. Among the conditions are the following two:
J. That the second unit be configured to have a common wall with the
primary structure, so that no separate "house" would exist. Part
of an existing dwelling, such as a bedroom and /or bathroom, could
be used as a component of the second unit if the owner desired.
The only "new" (that is, not presently allowed) component of the
second unit would be the kitchen.
' 1 .
2. That there be no changes in zoning or related laws or regulations
that pertain to the exterior features of the property. This means
a continuation of existing constraints that apply to size, height
and layout of dwelling, to setbacks, to garage and parking
requirements, and to slope, density, landscaping, etc.
Thus, the esthetic and distance impacts on the neighbors and the
public would be no different from what is now allowable. Allowable
physical changes would be confined to the interior of the home.
Ot-._1
Although "not mentioned in the documents of the Coordinating Council
or Mr. Drake, the City would have considerable flexibility in tailoring
an ordnance containing the "common wall" concept. For example, the
City could limit the size or the number of occupants of the second
unit. If the City should wish to allow "detached" second units on
larger lots, it could do so.
Along with most of my fellow citizens, I certainly don't want to see
the quality of life in Saratoga lowered by any detrimental changes
in housing standards. The concept proposed by the Coordinating Council
and Mr. Drake appears to establish adequate safeguards relating to
esthetic and other qualitative factors so important to us all. At the
same time, it would constitute ,, tangible straightforward attempt to
deal with the City's paradoxical twin problems of overhousing and
a housing shortage.
Moreover, such a step would be at least a symbolic gesture by Saratoga
to the Silicon Valley community that the City, which owes so much to
our neighbors in high - technology industry, recognizes the critical
housing shortage problem facing industry in our area. If we and
other communities in the Valley don't do more to help relieve this
problem, we by our inaction may indeed be helping to kill the goose
that lays the golden egg.
Other perspectives and arguments are presented in the two documents
referenced in the first paragraph of this letter. They need not
be repeated here.
This letter is in response to the Commission's requests for comments
from the citizenry. My comments are intended to be constructive and
I hope you will receive them as such.
A. J. Beverett
LEAGUE OF WOMEN VO'T'ERS
Los Gatos - Saratoga
P. O. Box 2065, Saratoga, California 95070
STATEMENT BEFORE THE PLANNING COMMISSION
October 12, 1983
I am Barbara Simner, President of the League of Women Voters of Los
Gatos - Saratoga. I am a little puzzled by the purpose of this second unit
ordinance. It appears to be a step towards compliance with SB 1534 which,
I believe, mandates a goal of 1073 units of low and moderate cost housing
for Saratoga by 1990. On the way to doing this it is also, by inference,
trying to provide affordable - at least for Saratoga - senior housing.
And noone but a Scrooge, or someone who has no further political aspira-
tions, would wish to deny the citizens of Saratoga permission to house their
poor and ailing parents on their property, nor deny retired Saratogans the
opportunity of continuing to be able to live here on reduced incomes.
On the other hand, noone wants to see Saratoga turned into tomorrow's
slums, replete with shanty rentals, absentee landlords, and concomitant
hazards to the health and safety of the inhabitants.
Two years ago - in 1981 - our League completed a local housing study.
From this study came our position, the pertinent portions of which are:
In recognition of the need for housing that is more afford-
able, the League of Women Voters of Los Gatos /Saratoga supports:
* The following changes in local government regulations
to reduce the cost of housing:
+ Consider the following zoning changes as long as the
neighborhood character is preserved and any parking
and traffic impacts are mitigated:
1) Use of land intensity (number of bedrooms per lot
rather than number of dwelling units).
2) Increase in density in appropriate locations on
flat land near transportation corridors.
3) Increase in current height limits in multifamily
zones along transportation corridors.
* Preservation of the current housing stock.
* Encouraging the building of rental units.
* Increasing the amount of housing that is available for
moderate and low income residents through the use of:
• Subsidiary units on owner - occupied properties under
conditional use permits.
• Manufactured homes.
There are four ways to increase the housing availability in Saratoga
using existing single - family homes without subdividing their lots.
1. Divide an existing home - either by floor if it is multi- story,
or vertically for a ranch house, or even both ways if it is a very large
LEAGUE OF WOMEN VOTERS
Los Gatos - Saratoga
P. O. Box JL865, Saratoga, Califomia 95070
Planning Commission -2- 10 -12 -83
dwelling - to create apartments by the addition of food preparation facil-
ities, and, if required additional bathrooms. This could be a solution
persons whose families have shrunk, and who are rolling around alone in
large homes they are loathe to give up.
2. Conversion of attached secondary units, such as garages, servants
quarters, or even outsized sun porches.
3. Conversion of existing detached buildings, such as garages, ser-
vant quarters, pool houses, cabanas, gazebos, etc.
4. New construction, including manufactured (prefab) houses.
GF -344 is in some ways unduly restrictive, and in other ways too lax.
By mandating a minimum site area of 45,000 square feet - somewhat
more than an acre - on slopes not exceeding 100 (with which stipulation
we have no quarrel) you eliminate most of the city. Indeed, staff esti-
mates that no more than 200 lots would meet the criteria. Further, stric-
ter codes are required for the secondary unit than for the primary i.e.
sewers and enclosed garages.
It is hard to imagine that one or two people living in a secondary
unit would require-more sanitary waste disposal capacity than a houseful
of teenagers. And homes built before and just after incorporation may not
yet have tied into the sewer system because septic tanks adequately meet
their needs.
It also seems unduly restrictive to require "enclosed parking" (gar-
age vs carport) for the second unit when there is no such requirement for
the primary; many homeowners park vehicles in the street because existing
carports and garages are too small or are used for storage. Remember, too,
that if this housing is aimed primarily for seniors, some of them no longer
drive. These will seek housing within walking distance of amenities and/
or public transportation.
Further, 640 square feet affords very little living space, and would
preclude the conversion of an existing building, such as a normal two -car
garage.
The League does, however, strongly support the provision requiring
owner occupancy of one of the units. We hope this provision can be
strengthened by requiring renewal of the conditional use permit when the
LEAGUE OF WOMEN VO'T'ERS
Los Gatos - Saratoga
P. 0. BoxIW5, Saratoga, California 95070
Planning Commission -3- 10 -12 -83
property changes hands.
The ordinance does not speak at all to existing secondary units.
These should all come under conditional use permits, not only to ensure
that health and safety standards are being met and the neighborhood
character is preserved, but also because they could then be counted
for inclusion in the housing element. We do understand that this
would require more Code Enforcement Officer time than is now available,
and that thus this provision may prove unenforceable. However, we feel
it should nonetheless be mandated with penalties for non - compliance.
RECEIVED
C C 0" 198
R. E. KAUFMANN OCT 1 1
A0700 FOURTH STREET, UNIT 7
SARATOGA, CALIF. 95070 COMMUNITY DEVELOPMENT
(408) 887 -9891
October 6. 1983
Ms. Louise Schaefer, Chair
Saratoga Planning.COmmission
13777 Fruitvale Ave.
Saratoga] CA 95070
To the Members of the Planning Commission
Subject: "Granny Units"
It seems to me that restricting the development of granny units to lots
of 45,000 square feet, or even 40,000, completely misses the point of
why granny units should be allowed.
People who can afford to live in Saratoga on one -acre lots are not
generally so destitute that they cannot make adquate provision for their
senior family members. The primary need, it seems to me, would arise
among the middle income group, those people who live in the poverty areas
of $150,000- $300,000 homes on quarter or three - eighths acre parcels.
Here lies the bulk of our population and therefore the bulk of our need.
According to the Saratoga News, there are only 200 lots in the City which
would qualify, according to Mr. Toppel as quoted. Since we have well over
3000 seniors in the City, adding Mr. Toppel's 200 units, or Mr. Murphy's
100 (more realistic) doesn't seem to solve much of the problem.
Perhaps we lack adequate data with with to make a decision. Does anyone
on the COmmission KNOW, for a fact, not a guess, how many granny units are
needed in Saratoga, by whom, and where they would be located? I'll wager
not.
Next question, not clarified: Are "granny units" to be used for grannies
and associated family members, or are they to be added to the City's
gruesomely small quantity of rental housing? This apparently innocuous
question has serious implications. Housing grannies or equivalents is
one thing, renting to seniors (strangers) is another, renting to anybody
is a whole new ball game. Once you remove the restriction on family members
or seniors, you invite a series of abuses by tenants who, once in, are very
difficult to evict, if indeed they may be evicted at all. Meanwhile the
neighbors suffer noise, traffic and perhaps personal abuse if they complain.
How, indeed, will you enforce an ordinance limiting the type of person
who may occupy a second unit? What happens when granny dies?
If you are to permit second unit housing, I strongly support the position
of the SASCC requiring a common wall. This idea comes as close as anything
I can think of to forcing the landlord to be careful to whom he /she rents.
It also eliminates the "Second structure" eyesore, possibly a second driveway,
and perhaps other potential abuses. It will also permit the privilege to
the economic group most in need of help, and will not limit it to those
affluent people who can afford full -acre lots at $200,000 or more for
bare land.
spec f ly,
R. E. Kaufmann
Mr. & Mrs. W. Rudolph Kanne
19918 Bonnie Ridge Way
Saratoga, CA 95070 OCT 06
CO' MUNITY DEVELOPMENT
/T -- �5--
ell
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Af
RECE (Z D
0 C T 0 410,81)
CO ?AMUNITY DEVELOPMENT
P.O.Box 695
Saratoga,CA, 95071
Oct. 2, 1983
Mrs. Louise Schaefer_, Chairperson
Saratoga Planning Commission
13777 Fruitvale Avenue
Saratoga,CA, 95070
Dear Members of the Saratoga Planning Commission:
As longtime Saratogans (33+ years) and living on 12 acres,
we wish to add our support to the letter you have received
from the Saratoga Area Senior Coordinating Council Housing
Committee members. We urge you to think carefully for those
who are older citizens in our city. The one -acre provision
is far too restrictive. The impact of increased senior
housing tinder this provision would be negligible. We are
in favor of "All zones - common wall" concept..
y %�GG/ UGC
Norman H. Dolloff
?i�j& Lb 3
Phyllis B. Dolloff
Health Chairperson
Saratoga Area
Senior Coordinating
Council
cc: Saratoga Area
Senior Coordinating
Council
0:3
REALTOR-
Saratoga Planning Commission
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Planning Commissioners,
C
LOS GATOS - SARATOGA BOARD OF REALTORS
20454 Blauer Drive, Saratoga, California 95070
Telephone 408 867 -0922
'RECE1 yED
SEP 30193.3
September 29, 19 8 3 COMMUNITY OEVEL OP LSAT
The Los Gatos - Saratoga Board of
last public hearing, wholeheartedly
secondary dwelling unit ordinance.
ordinance which is not overly restr
the housing problems of elderly and
the community.
Realtors, as stated at your
endorses the concept of a
We genuinely feel that an
ictive will help alleviate
moderate income persons in
At your public hearing on September 28th a concern regarding
excessive impacts on any given neighborhood was expressed. We
might suggest two proposals which would address this concern.
The first proposal would be to limit the number of secondary
units that can be developed in a neighborhood or community area.
Options in this regard include regulation by block, census tract,
or by using General Plan Planning Areas.
An alternative would be to.use an overlay zoning system. Upon
a finding of the Planning Department that the number of secondary
units in a district equals the limit, the overlay designation for
that district would be rescinded. This system would provide all
homeowners the same opportunity to develop while the overlay desig-
nation is in effect.
If one of these methods is chosen, we feel a limitation equal
to 10% of the existing single family homes would be appropriate.
We would also recommend that a review time be established to reassess
the ordinance provisions at a later date to assure that neighbor-
hoods are not being unfavorably impacted.
Sinc�erely,�j
Ronald Gates
President
RG:jn
Rf ALTOR °- - is a registered mark which identifies a professional in
real estate who subscribes to a strict Code of Ethics as a member of
the NATIONAL ASSOCIATION OF REALTORS.
unoua o„s..%
Saratoga Area C..
S�sc SENIOR COORDINATING COUNCIL
C P. O. Box 3033 . Saratoga, California 95070
(408) 867 -2011
September 26, 1983
Mrs, Louise Schaefer, Chairperson
Saratoga Planning Commission
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Members of the Saratoga Planning Commission:
RECEIVED
S rE P 2 08 'iqb )
CO'MIMUNU DEVELOPMENT
As we have stated in previous communications, the Saratoga Area Senior
Coordinating Council has a continuing concern for appropriate alternative
housing for seniors in this community.
Upon studying the proposed Second Unit Ordinance we feel it is unneces-
sarily restrictive and will be of little help in meeting the social and
economic needs of senior residents in this community. A pattern of diminish-
ing household size and increasing age is changing the housing needs of many
of our residents who are now overhoused and living alone. However, they
desire to maintain their independent living in Saratoga.
The proposed ordinance applies to only a very few large parcels of land.
The very size and location of these parcels may be of very little benefit to
seniors. Its very restrictiveness will lead to the continued creation and use
of illegal second units without benefit of proper inspection for safety and
health.
A practical suggestion which we feel would make additional housing easily
available to Saratoga seniors is as follows. Make the only restriction for
a second unit addition that it have a single common wall with the original
family structure as long as it complies with all other zoning and lot size
limitations, Requirements such as height, area covered, slope etc. should
be met, but it would then fit the visual concept of single family homes, but
could contain an additional apartment with bath and cooking facilities. A
separate driveway would not impact the neighborhood as long as it is a part
of the original home. These apartments might be added on smaller sites.
Second detached units need not be a consideration if this were allowed.
A realistic ordinance such as this would discourage residents from building
illegal units. We feel much of the opposition to second units isdue to failure
to enforce current ordinances.
We urge you to provide a practical Second Unit Ordinance that will really
address the needs of Saratogans.
COMMITTEE FOR GREEN FOOT ILLS
Peninsula Conservation Center
2253 Park Blvd., Palo Alto, California 94306
r-9
Phone: 327 -5906 or 328 -5313
HONORARY PRESIDENT
September 23, 1983
Wallace Stegner
PRESIDENT
Len Erickson
VICE PRESIDENTS
Chris Berka
City a Of Saratoga
g
Betsy Crowder
13777 Fruitvale Avenue
Hans Morawitz
Ciddy Wordell
Sara a
tO
Saratoga, California 95070
SECRETARY
Richard Merk
Dear Members of the City Council:
TREASURER
°
Edward Diener
You will be adopting an ordinance regulating second living units in Saratoga.
BOARD OF DIRECTORS
Tom Adams
The Committee for Green Foothills encourages you to adopt an ordinance
Robert Brown
that will allow for ample o pportunit y for the creation of these units.
Mark Chandler
Ken Cooperrider
Max Crittenden
The Committee for Green Foothills' interest is in accommodating urban growth
Bill Leland
Terry l
within the existing urban area as much as possible, so that our region's
Annemarie arse Rosengreen
undeveloped lands can be retained for open space uses. Our thriving economy
p P p
Jim Wheeler
and rapid job growth have created a tremendous need for housing — in fact
Howard Wilshire
the housing demand in the Bay Area is projected to outstrip the supply by
ADVISORY COUNCIL
Donald Aitken
150,000 units over the next twenty years. Many solutions to deal with this
Jean Buell
deficit will need to be considered, and second living units is one at hand.
Pat Barrentine
Betsy Bechtel
Mary Davey
Second living units will make a significant difference in the housing supply.
Walter Droste
Barbara Eastman
In a recent study conducted by People for Open Space,. it was estimated that
John Gilliland
between 60,000- 160,000 units in the Bay Area could be realized through
Bob Girard
Nonette Hanko
second living units. Several findings from their stud
g y included evidence that
Lois Hogle
second units provide such community benefits as affordable housing, and extra
Ellie Huggins
Thomas Jordan, Jr.
income to homeowners, particularly those on fixed incomes. Yet the create
y
Mary Ann Kriewall
only slight neighborhood impacts, which can be mitigated.
Sidney Liebes
Bob Mark
Diana Miller
The Committee for Green Foothills recognizes the need for our involvement
Allan Newlands
Nils Nilsson
in the relationship between urban and nonurban issues. We cosponsored a
George Norton
Bob Reese
land use symposium this year, where one of the clear messages was that
Jean Rusmore
preservation of regional environmental quality and open space requires altering
Isabel Sewell
patterns of urban development. We join with a number of different group s
Jon Silver
Frances Spangle
n advocating our support of second livin g units , and in urging y our adopting
John Stoddard
an ordinance which will make them available to a large. percentage of the
Ruth Troetschler
lots.
LEGISLATIVE ADVOCATES
Linda Elkind
Lennie Roberts
Sincerely,
COORDINATOR
Linda Grandmaison
ern, �zG `'.2qui
Len Ericl<son
President
LE:RT
A REGIONAL GROUP WORKING FOR ENVIRONMENTAL QUALITY
REc�1VE0
0 C 13 �t�a
Saratoga, Calit'MAMUNITY DEVELOPMENT
Sept. 10, 1983
�'rs. Louise Schaefer, Chairperson
Saratoga Planning Commission
1377 Pruitvale Ave.
Saratoga, Calif:
Dear 11-raz Schaefer:
Regarding Ordinance No NS -3 Section 3, I
recommend that "minimum site area of 40,000 square feet"
be changed to include lots of smaller area, providing these
lots are situated where additions or alteration would not
change the character of the district, or violate existing
codes for setbacks etc.
I occupy one of the vintage homes in the
area and have paid taxes for 30 years. Although these older
homes sometimes cover a large area, they are not arranged
for sharing without some alteration or addition to include
a small cooking unit. I find in talking to other senior
citizens in the area that there are many couples or widows
in the same bind. It appears that Saratoga is "aging", and
families who have raised children would like to keep their
homes but share a part of it with perhaps a family member
or caretaker, while maintaining privacy.
A suggestion was made at eht last meeting of
the Commission that help be given seniors to find shared
housing. There are agencies in existence, such as Project
Hatch which attempt to do this. Such type of communal living
might fill a need for some, but it would not have wide appeal
for most Americans accustomed to independent living.
I sincerely hope that Saratoga can lead the
way with some creative solution to meet this need: and that
the Commission do some study to determine whether the type
of units proposed would need to classify the dwelling as a
"duplex". Perhaps the number and type of such additions
applied for would not greatly alter the character of the city.
Sincerely yours,
Blanche J. y7a1ton
21060 Sarat oga Hills Road
Saratoga, Calif. 95070
1 �+
Ttif GOOD GOVERNMENT G&P
of Saratoga, California, Inc.�
P. O. Box 371
Saratoga, California 95070 Op;v1NiU.NffY. DEV_ LOPMENT
Saratoga Planning Commission
13777 Fruitvale Ave.
Saratoga, CA 95070
Re: Second Unit Ordinance.
Dear Commissioners,
August 29th 1983
The Good Government Group has had a committee studying
the proposed Second Unit Ordinance as it pertains to Saratoga.
This report was presented to the Board of Directors at its
August 23rd meeting and they voted to make the following
recommendation.
In as much as the City of Saratoga was and is
primarily a single family residential city of
low density and.this position has been reiterated
at the many general plan reviews by all sections
of this city, the Good Government Group urges the
Planning Commission to be as restrictive as
possible when considering the Second Unit Ordinance.
Below are guidelines we feel should be given
serious consideration.
l.R -1 45,000 sq. ft. net or larger and no units
on slope density greater than 10 %.
2. One unit must be owner occupied.
3. Use permit required.
4. No variances .
5. Must meet all setbacks as presently required.
6. No additional driveways.
7. Must have an additional covered parking space.
Saratogans in action since ,1957.
C.
2.
8. Any addition shall be no larger than 10% of
present living area or 640 sq. ft. whichever
is less.
9..Must be attached to existing residence, meet
design review, and blend in with the present
building site.
10. Cannot block a neighbors view.
Very truly yours.
L. Wm. Breitenbach
First Vice President.
Planning Commission C ( Page 2
Meeting Minutes 11/9/83
PUBLIC HEARINGS
4. GF -344 ',City of Saratoga, Amendment of the Zoning Ordinance to allow
i'second units to occupy certain single family lots by obtaining
a use permit; continued from October 26, 1983
Chairman Schaefer explained that the voting on this matter had been continued
from the last meeting in the hope that there would be a fuller Commission.
Commissioner'Peterson abstained due to the fact that he is new and is not
familiar with the subject.
The public hearing was opened at 7:42 p.m. No one appeared to address the
Commission. After discussion minor changes were made to the wording in the
Statement of Findings. Commissioner Siegfried moved to close the public hear-
ing. Commissioner Nellis seconded the motion, which was carried unanimously.
Chairman Schaefer read Commissioner McGoldrick's comments into the record,
since she was not present. Commissioner McGoldrick stated that she would like
to register a no vote on the recommendation of the present ordinance. She
indicated that she felt the use permit process would be sufficient to judge
the individual cases for potential abuse and there are situations already
existing in the City on smaller parcels which have had no negative impacts
on the neighborhood. She commented that her objection is not against having
second units, but she objects to the limitations imposed on them regarding
the minimum lot size.
Commissioner Nellis commented that he was going to support the ordinance.
He read the Statement of Findings and stated that he agrees with them. He
stated that he feels that the ordinance is one that is admittedly a conserva-
tive one, but feels that as a Commissioner he has to vote based on what the kno,.an
impacts are going to be. He added that he feels that, while the people who
have spoken feel quite honestly that there will be minimal impact if second
units are opened up to more areas of the City, he does not feel comfortable
that that would necessarily be the case. He noted the problem with enforce-
ment in the City, and feels that, even though many conditions could be imposed,
they could not be enforced.
Commissioner Siegfried stated that he was also going to vote in favor of
the present ordinance. He explained that the City is faced with a State
law that says if some ordinance is not passed the City will essentially have
to abide by the State law, which would open every area in every situation in
the City to second units. He commented that he would like to start with an
ordinance that is pretty conservative, being mindful that this doesn't pro-
hibit second units in the sense of sharing of homes or a unit which is
detached; it simply says it can't have a kitchen in it. He added that if
State law changes or if the judiciary finds a way to have constitutional
ordinances that would allow the City to restrict this to senior citizen
housing, he would vote in the future to expand this considerably into every
area of the City where a second unit might meet all the other requirements
that have been imposed in this ordinance.
Commissioner Hlava stated that she will vote no on the recommendation of the
ordinance, for two reasons: (1) She is concerned regarding the number of
existing illegal units now in the City and she does not feel this ordinance
addresses that; and (2) She is concerned about senior citizen needs and she
does not feel the ordinance addresses that. She commented that she disagrees
with the idea of allowing detached units on basically double size lots in the
R -1- 40,000 zoning district, since she feels that it will encourage people
to subdivide their property. She added that she would have preferred to see
the following in this ordinance: A situation where existing detached units
would be legalized and the City would allow use permits on existing detached
units for some date certain, perhaps one year from date of adoption of the
ordinance and after that they would be illegal. She commented that she feels
that the detached units are the ones that most people have problems with.
She added that the idea of the common wall has been asked for by the senior
citizens, and she feels it is a very valid concept and one that the City
could deal with in all zoning districts with restrictions, such as no visible
second entrance, that the unit is an integral part of the main structure,
that one part is owner- occupied, and that it would meet all City codes and
be under the design review limit for each zoning district.
Commissioner Schaefer stated that she was in complete agreement with Commis-
sioners Nollis and Siegfried. She commented that she thinks that the inten-
tion has been that on illegal projects they will be dealt with in a separate
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Planning Commission Page 3
Meeting Minutes 11/9/83
ordinance. She added that from Staff review it appears that the majority
of the cities in the area are going at a very conservative approach. She
commented that Palo Alto is now re.viewing their ordinance which was more
liberal because they feel they are having problems with it.
Commissioner Siegfried moved to recommend the ordinance with the 640 sq. ft.
limitation in Section 3, Subsection 1. The motion failed for lack of a
second. Commissioner Nellis moved to recommend the ordinance with the 800
sq. ft. limitation, because of the large lot size being dealt with. Commis-
sioner Siegfried seconded the motion, which was carried 4 -0, with Commissioner
Peterson abstaining.
Commissioner Siegfried moved to adopt Resolution GF- 344 -1, recommending
approval of the Second Unit Ordinance to the City Council. Commissioner
Nellis seconded the motion, which was carried 3 -1, with Commissioner Hlava
dissenting and Commissioner Peterson abstaining.
Sa. A -913 - Charles Masters Request for Design Review Approval to construct
5b. V -624 - a new two -story ingle- family residence and Variance Approval to
exceed the 15,00 sq. ft. maximum impervious coverage on Congress
Hall Lane, Lot 2 , Tract 6665; continued from October 12, 1983
Chairman Schaefer commented that one of the questions to be considered with
this application is whether wood decks are considered impervious coverage; if
so, a variance is required. Sta described the proposal, recommending denial.
The spacing of the decking was di cussed.
Commissioner Nellis gave a Land Us Committee report, stating that they had
no problem with respect to the view problems. He noted that the ordinance
speaks to a solid surface and he wo ld feel comfortable that the deck would
not qualify as impervious surface it there is some spacing between the wood
slats.
The public hearing was opened at 8:05 M. Ron Dick, the designer, described
the decking. Mr. Masters, the applica t, addressed the decking and the
spacing. He added -hat they have been very sensitive to the environment and
the neighbors.
Commissioner Nellis moved to close the public hearing. Commissioner Siegfried
seconded the motion, which was carried u animously.
Further discussion followed on the decki%n . The City Attorney stated that if
the Commission says unequivocably that a wooden deck is not deemed to be
impervious coverage they are setting a pretedent. He commented that an option
would be that if there is spacing between he wooden deck such that the water
is allowed to go through, the Commission ca make a determination that it is
not impervious.
Further discussion followed on the spacing a d the interpretation. There was
a consensus that if there is spacing between the decking of 1/4" the deter-
mination could be made that the decking is noit impervious and a variance would
not be needed. Commissioner Hlava commented hat she feels the decking is
impervious coverage whether it has 1/4" space or no spaces. She added that
it encourages runoff.
Commissioner Crowther expressed concern regarding the fire hazard of having
things stacked under the deck and also the scenic effects of the deck. lie
suggested a condition that requires that the desk be enclosed on the edges
so that things cannot be stored underneath it since it is over a slope.
Commissioner Nellis moved to approve A -913, per 'the revised Staff Report
dated October 7, 1983, adding the conditions thaU all decking shall have a
minimum distance between the planks of 1/4" and that the downslope sides of
the decks shall be closed to prevent storage of material under the deck.
Mr. Masters stated that he is very concerned abouttlthe fire hazard also and
will not store anything that will be hazardous. However, he commented that
it would be very expensive to close it in. The cost was discussed. Wording
for the condition was considered, and Commissioner Frowther suggested that
it should be closed in with lattice work or other appropriate wood enclosure
which will prevent access to the underside of the deck. Discussion followed
on the need for this condition, and Commissioner Nellis then restated his
motion, including just the first condition regarding the 1/4" spacing. Com-
missioner Siegfried seconded the motion.
3
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C
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, October 26, 1983 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
------------------------------------------------------------------------------
ROUTINE ORGANIZATION
Roll Call
Present: Commissioners Hlava, McGoldrick, Nellis and Schaefer
Absent: Commissioners Crowther and Siegfried
Minutes
The following change was made to the minutes of-October 12, 1983. On page 6,
the last sentence under V -620 should read: "She added that she feels any fence
put up would probably be in excess of 6 feet in some places in order to have it
look like a straight fence." Commissioner Hlava moved to waive the reading of
the minutes and approve as amended. Commissioner Nellis seconded the motion,
which was carried unanimously.
CONSENT CALENDAR
Commissioner Nellis moved to approve the items on the Consent Calendar listed
below. Commissioner McGoldrick seconded the motion, which was carried unani-
mously 4 -0.
1. GF -347 - Resolution Adding Cable T.V. Facilities as a Conditional Use in
the C -V zoning district
2. Eleanore Levine, 20950 Verde Vista Lane, Request for Site Modification
Approval to construct a tennis court on a site with an average slope
�greateX—than 10%
PU L1C HEARINI
�3. GF -344 - City of Saratoga, Amendment of the Zoning Ordinance to allow
second units to occupy certain single family lots by obtaining
a use permit
The public hearing was opened at 7:40 p.m.
Peggy Corr, of the Housing Committee of the Senior Coordinating Council,
indicated that they felt that the ordinance being proposed completely ignores
the needs of Saratoga residents. She stated that it has been their contention
that permitting a second unit that shares a common wall with the original
structure and meets all requirements will not alter the residential quality of
the City. She added that this privilege should be extended to all areas of
the City. She discussed the existing violations of the ordinance.
Commissioner Nellis noted the findings and indicated that he has a concern
about what the impact of second units will be in the City if they went in on
a City -wise basis. He asked Mrs. Corr if she had any statistics relative to
gauging what those impacts might be. She answered that she did not; however,
she feels that the way the ordinance is now written there will only be a few
people who request a use permit to have a second unit.
The City Attorney suggested that in Section 5, the amendment to Section 16.1
should state "The Commission may deny the use permit if it finds that the
proposed use will adversely affect existing uses in the immediate neighborhood
or will adversely affect surrounding property ". He noted that this change
will be made in the ordinance.
Chairman Schaefer welcomed Boy Scout Troop 536 and their leaders. She stated
that they were attending relative to a Citizenship and Community Merit badge.
She gave a brief summary of the Second Unit Ordinance, listing reasons for
the conditions and discussing the issues. 'verbatim on page la
Commissioner Nellis asked the City Attorney if he feels that this ordinance
as it is presently written complies with the State law. lie answered that the
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Planning Commission Meeting Page la
Minutes 10/26/83
GF -344 (Second Unit Ordinance)
Some of the benefits that people have been seeing in having second units
is particularly that seniors would like to be able to have a rental unit
on their property. It has been stated that they feel it would be good for
safety reasons; that it would give added income to them; they would be
allowed to have their privacy; they could have separate kitchen, bathroom
and entrance to the property. The feeling has been that if it were done
within the existing buildings that it would not adversely affect the
outside appearance; that there would not be that -.many people living in
the quarters and therefore there would be little traffic. It has also
been stated that younger families or single parents with children would
like to be able to rent places in Saratoga and that is very difficult to
find at present; that this would allow two young families to move in and
share a home, and it could be divided so that perhaps a single parent and
a child or two could live on one side and another family could live on the
other side. It has also been stated that a separate unit.could be provided
for relatives or for a general rental unit on a property.
The other side of the issue has been that we do not plan on continued law
to say that we can have a property dedicated only for rental units by
seniors. The feeling seems to be that in the next two to three years that
may be challenged and overturned in court as an age discrimination, and
also that children would therefore also need to be allowed in the second
rental units. The concern then comes that if you have people living in
two rental units there is a greater impact on traffic; perhaps you have a
greater impact on the number of people generally living around and there-
fore it may propose an invasion of privacy or noise onto neighbors; that it
is very difficult to control for a small city like Saratoga as to whether
it is a public nuisance or not. There is some feeling in the City that it
should basically be single family units, and there is the other side that
there is an obligation to provide housing to the people who need it in this
general area. There are other issues that go along with it since it is a
very complicated project.
n
Planning Commission
Meeting Minutes 10/12/83
SDR -1508 (cont.)
Page 2
A
reflect the change in the structure from the use permit proceedings.
Commissioner Crowther stated that he does not believe the matter would be
before the Commission if it were a ministerial act, and he would like to give
the City Council a chance to reconsider the matter.
Warren Heid, architect, stated that this matter is academic because it is
an extension of the tentative map. He explained the changes that had been
made to the design, including the reduction of height and number of units.
Chairman Schaefer stated that she did not believe this Planning Commission
has ever assumed that when something is returned to them for review, that
they are simply doing an academic vote. Therefore, she asked that everyone
vote the way they feel is appropriate and fair on this matter.
Commissioner McGoldrick stated that she does not feel that she can approve
this, and since the applicant has an appeal before the City Council she would
have to vote no on the matter. .
It was clarified that if this item were approved, it would be approving the
design, in addition to the SDR. Commissioner Crowther moved to deny SDR -1508
as amended in the Staff Report dated September 27, 1983. Commissioner
F1c_G_o_1-d_rTc__k seconded the motion.
The recent creek damage to the site was discussed. Staff clarified that this
would not change the geology report on the site, nor would it change the
useable portion of the property.
The vote was taken on the motion to deny the amendment to SDR -1508. The motion
failed 3 -3, with Commissioners Nellis, Siegfried and Scha-e—f-e—r-U—issenting.
Commissioner Crowther moved to deny the modification to the design and extension
of SDR -1508, per the amendments in the Staff Report dated September 27, 1983.
Commissioner McGoldrick seconded the motion, which failed 3 -3, with Commis-
sioners Nellis, Schaefer, and Siegfried dissenting.
Commissioner Siegfried moved to approve SDR -1508 as amended, the modification
to the design review, and the extension of SDR -1508. Commissioner Nellis
seconded t e motion, which aile 3 -3, with Commissioners McGoldrick, Crowther
and Hlava dissenting.
Commissioner Hlava stated that she is sorry for the applicant in this case
because she realizes that this vote extends the time. However, since she voted
against the project originally, she cannot vote for the design, with which
she doesn't agree, or the extension.
The 10 -day appeal period was noted.
PUBLIC HEARINGS
3.•' GF -344 - City of Saratoga, Amendment of the Zoning Ordinance to allow
second units to occupy certain single family lots by obtaining
a use Dermit
It was noted that this item will be continued to the Committee -of- the -Whole on
October 18, 1983 and the regular meeting of October 26, 1983. However, public
testimony will be taken tonight. Chairman Schaefer noted some changes that
were discussed: (1) accessory structures would be allowed in areas where a
person had twice the amount of land as required in that zoning district,
(2) whether the size of a unit is going to be 640 sq. ft. or 800 sq. ft. of
living space, (3) that there will be a limit of two people living in a place
regardless of their age, (4) any new additions would be reviewed by the
appropriate fire district for safety, (S) the building in which an attached
unit would be is to be brought up to code, and (6) looking at potential for
fines and legal fees if a use permit were not obtained and followed.
The public hearing was opened at 7:24 p.m.
Barbara Simner, President of the League of Women Voters of Los Gatos- Saratoga,
submitted a letter and read it into the record regarding the ordinance. She
stated that they support the following: (1) zoning changes as long as the
neighborhood character is preserved and any parking and traffic impacts are
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05
C
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Planning Commission
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e 3 Page
Meeting Minutes 10/12/83 -
GF -344 (cont.)
—�
mitigated b
g' y (a) use of land intensity, (b) increase in density in appropri-
ate locations on flat land
near transportation corridors, (c) increase in
current height limits in multi - family zones along transportation
corridors,
(2) preservation of the current housing stock, (3) encouraging the building
of rental units, (4) increasing the amount of housing that is available for
moderate
and low income residents. She listed ways to increase the housing
availability in Saratoga using
-� —�
existing single- family homes without sub -
dividing their lots. She
noted the restrictiveness of the ordinance. She
stated that they do strongly support the
provision requiring owner occupancy
of one of the units, and recommend that renewal of the
use permit should be
required when the property changes hands. She added that all of the
existing
secondary units should come under conditional use permits.
Mildred Gordon, President of the Senior Coordinating Council, stated that
she did not feel that it should be limited to two people in one unit, and
discussion followed
on this limitation. She suggested that if it is considered
an attached portion there should be
-
a common wall.
It was directed that this matter be continued to a study session on October
18, 1983
and the regular meeting of October 26, 1983. Staff commented that
they hoped to have the revised draft available by
the study session.
4a. SDR -1545 - Warren Sturla, Request for Tentative Building Site Approval
4b,
V -615 - and Design Review Approval for four (4) office condominiums
4c. A -900
- and Variance Approval for compact parking and a reduced side
setback at the southwest corner of Cox Avenue and Saratoga
.
Creek Drive in a P -A zoning district
It was directed that this matter be continued to a study session on October
18, 1983 and the
regular meeting of October 26, 1983, at the applicant's
request.
S. C -205 - City of Saratoga, Amendment of the Zoning Ordinance to continue
to allow open house signs in residential zoning districts as
provided for in Sections 10.2 -and 10.11 of the ordinance before
Cthese
provisions expire December 17, 1983, per Ordinance NS-3.48
The amendment to the zoning ordinance was discussed. Staff clarified that
this is dealing with off -site signs. Discussion followed on private home-
owners being in violation and unaware of the ordinance. The City Attorney
commented that in the near future the City will be implementing a general
infraction procedure whereby anyone who violates the Zoning Ordinance would
be cited. There would first be
a warning to bring it into compliance, and
if they fail to do so and there is a citation again, then they would be
subject to a fine.
The public hearing was opened at 8:10 p.m.
Bill Murphy, Los Gatos - Saratoga Board of Realtors, spoke in favor of the
ordinance. He indicated that they do police it and the ordinance is more
effective with their own members. He added that they would like to see a
fine instituted. Discussion followed on the policing.
Commissioner Hlava moved to close the public hearing. Commissioner Nellis
seconded the motion, which was carried unanimously. Commissioner Nellis
moved to recommend approval of Resolution C -20S -1 to the City Council, Com-
missioner Hlava seconded the motion, which was carried unanimously 6 -0.
6a. A -910 - Mr. and Mrs. Samuel Tyler, Mr. and Mrs. George Kocher (Duke of
6b. V -619 - Wellington), Request for Design Review Approval to enclose an
existing dining patio and Variance Approval to allow additional
floor area without additional parking provided at 14572 Big Basin
Way
The public hearing was opened at 8:14 p.m, It was directed that this be
continued to a study session on October 18, 1983 and the regular meeting of
October 26, 1983, at the applicant's request.
r
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Planning Commission Page 2
—�
Meeting Minutes 9 /28/83
4: GP -344 City of Saratoga, Amendment of the Zoning Ordinance to allow
second units to occupy certain single family lots by obtain-
ing a use permit
= —'
It was noted that there have been study sessions on this matter by the
Commission. Staff explained that the State has adopted a law which would
allow second units on single family or multi - family residential lots con-
sistent with certain provisions. They discussed the three available options
and the proposed ordinance. They added that the City Attorney has indi-
cated that the definition should be modified and that the following should
be added to it in Section 2: "unless occupied by the record owner of the
lot." Staff stated that they have investigated the impact of the second
unit ordinance and estimate that about 200 lots would meet the criteria.
They commented that it was their opinion that the ordinance could be made
more effective with the minor modification of allowing second units on
minimum lot sizes of 40,000 sq. ft, with slopes less than 100, rather than
45,000 sq. ft. They estimated that this would bring the total number of
lots available for second units to 500 -600.
Commissioner Siegfried asked if there had been any new developments regard-
ing the law concerning restriction to senior citizens and the handicapped.
The City Attorney indicated that he did not know of any new development and
reiterated what he had previously informed the Commission, that there are
some cities who have in fact adopted second unit ordinances which restrict
the units to senior citizens. However, the issue has not been before the
courts and there is an opinion among many City attorneys that definitions
by age could be viewed as discriminatory with respect to the rest of the
population and could be subject to a legal challenge. He added that when
the legislation was under review there was a draft to specifically limit
its application to senior citizen housing and that language was deleted by
the legislature.
The hearing
public was opened at 7:50 p.m.
Peggy Corr, Saratoga Area Senior Coordinating Council, read their letter
into the record, stating that they feel the ordinance is unnecessarily
restrictive and will be of little help in meeting the needs of the seniors
in this community. She stated that they feel the restrictiveness will lead
to the continued creation and use of illegal second units. She suggested
that the only restriction be that it have a single common wall with the
original family structure as long as it complies with all other zoning and
lot size limitations.
Richard Drake addressed the ordinance and regulation of second units. He
suggested that the ordinance permit second units in any residential zone
with the provision that they conform to all zoning regulations for single
family dwelling units and have one or more common wall with existing units.
He stated that he does not feel the City should try to limit the use inside
the house. Discussion followed on traffic impacts of second units. Mr.
Drake commented that he feels there would be few lots that would have the
ability to handle the second unit, provided that it meets all the zoning
requirements.
Bill Murphy, Los Gatos - Saratoga Board of Realtors, spoke to the restrictive-
ness of the ordinance. He stated that he feels the traffic problems can
be controlled with the permit process. Criteria for a second unit was
discussed. Mr. Murphy commented that he feels the owner should live on the
property.
Bill Notz, 18276 Purdue Drive, expressed concern about traffic, noise,
privacy and appearance. He commented that it should be limited to R -1-
40,000 sq. ft. lots and should require an additional enclosed parking space.
He added that the owner must live in one of the units so there is some
control.
Louise Cooper, Saratoga Senior Council, commented that 640 sq. ft. is too
small to be effective. She urged the Commission to work on a good practical
�^
Second Unit Ordinance.
Peggy Corr commented that she did not see an impact of traffic from second
units, since most homes already have teenagers with cars. A resident of
Pasco Cerro stated that there is a need in their neighborhood for second
units, more so than for people who have large size lots.
2 -
=ter
Planning Commission
Meeting Minutes 9/28/83
Gr -344 (cont.)
Page 3
Kay Long, flume Drive, stated that she has renters living next door in a
granny situation which has been undesirable. She noted concerns and commented
that she feels it is inconsistent with some of the goals of the Planning Com-
mission regarding the integrity of Saratoga to have renters indiscriminately
throughout the City.
Discussion followed on whether to close the public hearing or continue the
matter to a study session. Commissioner McGoldrick stated that she was ready
to make a motion on the ordinance. Commissioner Crowther stated that he
felt if there is any major modification of the ordinance being considered
similar to that requested by the public tonight, this should be continued and
the public should be renoticed as to what is being considered. He added that
if it is going to be much broader an EIR would be required to evaluate the
impacts of this on the City.
Commissioner Nellis stated that he shares a lot of the thoughts the public has
regarding impacts. He commented that the Commission needs to consider the
input and discuss it at a study session.
Commissioner Hlava commented that she feels one of the important things that
was brought out is that second units do exist all over the City. She stated
that, recognizing that State law is forcing some action on this, there are
really only two compelling reasons to look at a Second Unit Ordinance: (1) to
control the existing second units. She commented that she would vote against
the proposed draft ordinance tonight, almost entirely for the reason that it
does not deal sufficiently with controlling the second units that exist today,
and (2) to deal with the fact that there are senior housing needs that are
unmet. She indicated that she does not feel the ordinance sufficiently
addresses that.
Commissioner Siegfried stated that he could vote tonight but has no problem
if the Commission wants to continue it to a study session. He indicated that
his concern is that he does not see at this stage any way that an ordinance
can be drafted that opens all of Saratoga or large portions of it to second
units. He added that he is prepared to look at it over and over again and
make it available in other zoning districts once the impacts are known.
Commissioner Crowther stated that he would like to see some changes; specifi-
cally, to expand the statement of findings to cover some of the issues that
have been brought out, i.e., noise, fire hazards, and he would also like to
see the 640 sq. ft. limit deleted. He added that he would be strongly in
favor of trying to institute something to help seniors share housing in Sara-
toga and reduce their housing costs. However, he does not believe that it is
essential that when they are sharing housing they must have separate kitchens.
There uas a consensus to continue the matter to a study session on October 4,
1983 and the regular meeting on October 12, 1983.
S. C -204 - The Professional Village of Saratoga /Owen Companies, Saratoga and
Cox Avenues, Amendment of the text of the Zoning Ordinance by
adding Office /Electronics to the list of conditional uses allowed
in the P -A (Professional and Administrative) District
Staff summarized the proposed amendment of the text of the Zoning Ordinance
and noted that they had reviewed it in terms o'f its impact on all P -A district
locations, rather than any particular site. They reported that the concerns
that have been expressed are hazardous and toxic materials should not be used
with any of the uses permitted in the P -A district, manufacturing, prototype
development and the testing of devices. Staff indicated that required con-
ditions wduld be attached to any sort of use in the P -A district that would
be associated with Research and Development Offices. They noted that the
wording of the ordinance allows only general administrative offices, which
would allow only minor prototype assembly and testing, and any manufacturing
would be specifically prohibited, as well as the use of any hazardous or toxic
materials.
Staff commented that they had not placed any condition,regarding traffic because
it was felt that traffic impacts of a specific use would be dealt with during
the use permit stage. Discussion followed on traffic impacts, and Staff noted
that traffic would also be addressed in the EIR. Commissioner Crowther asked
if it would be practical to add a condition "In facilities with more than 2S
employees, staggered work hours and other appropriate means shall be imple-
mented to mitigate and prevent excessive traffic peaks caused by transportation
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.11W
Senate Bill No. 1534
CIiAPTER 1440
An act to amend Section 65852.1 of, and to acid Section 65852.2 to,
the Covernment Code, and to amend Section 21080 of the Public
Resources Code, relating to housing.
[Approved by Governor September 27, 1982. Filed with
Secretary of State September 27, 1982.)
LEGISLATIVE COUNSEL'S DIGEST
SB 1534, Mello. housing: single - family lots: second- family units.
Under existing law, a city or county may, by ordinance, designate
various zones within the city or county and specify the uses which
may be permitted on the land within those zones. Within such zones
the city or county may condition certain uses or require special use
permits or zoning variances for certain uses.
This bill would authorize any city, including a chartered city,
county, or city and county to provide, by ordinance, for the creation
of second units, as defined, in single- family and multifamily
residential zones. In the event that any of those entities do not adopt
an ordinance governing second units, the bill would,
notwithstanding specified provisions of existing law, require each
city, including a charter city, county, and city and county to grant a
special use or a conditional use permit for the creation of a second
attached residential unit, which is only intended for rental purposes,
on a lot which is zoned for single- family or multifamily use and which
contains an existing single - family detached unit, if the second unit
complies with specified provisions. The bill would prohibit any city,
including a chartered city, county, or city and county from adopting
an ordinance which totally preclude second units within
single- family and multifamily zoned areas unless the ordinance
contains prescribed findings. This bill would exempt the creation of
a second residential unit from the California Environmental Quality
Act.
This bill would require jurisdictions adopting ordinances for the
creation of the second units to submit a copy of it to the Department
of Housing and Community Development for submission to the
Legislature. This bill would make other changes necessary for the
implementation of this bill.
Article XIII B of the California Constitution and Sections 2231 and
2234 of the Revenue and Taxation Code require the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Other provisions require the Department of
Finance to review statutes disclaiming these costs and provide, in
certain cases, for making claims to the State Board of Control for
reimbursement.
92 .10
..
Ch. 1440 —2— — 3 — Ch. 1440
However, this bill would provide that no appropriation is made
with the following provisions:
and no reimbursement is required by this act for a specified reason.
(1) Areas may be designated in the jurisdiction where second
units are permitted.
The people of the State of California do enact as follows:
(2) The designation of areas may be based on criteria, which may
include, but are not limited to, the adequacy of water and sever
SECTION 1. (a) The Legislature finds and declares that there is
services and the impact of second units on traffic flow.
an tremendous unmet need for new housing to shelter California's
(3) Standards may be imposed on second units which include, but
population. The unmet housing needs will be further aggravated by
are not limited to, parking, height, setback, lot coverage,
the severe cutbacks in federal housing programs.
architectural review, and maximum size of the unit.
(b) The Legislature finds and declares that California's existing
(4) A city including a chartered city, county or city and county
housing resources are vastly underutilized due in large part to the
may, in its discretion, find that second units provided for do not
changes in social patterns. The improved utilization of this state's
exceed the allowable density for the lot upon which it is located, and
existing housing resources offers an innovative and cost - effective
find that second units are a residential use which is consistent with
solution to California's housing crisis.
the existing general plan and zoning designation for the lot.
(c) The Legislature finds and declares that the state has a role in
(5) The second units created shall not be considered in the
increasing the utilization of California's housing resources and in
application of any local ordinance, policy, or program to limit
reducing the barriers to the provision of affordable housing.
residential growth.
(d) The Legislature finds and declares that there are many
(6)e A city, including
a chartered city, county, or city and county
benefits associated with the creation of second - family residential
s
may process for the issuance of a conditional use permit
units on existing single- family lots, which include:
for second units.
(1) Providing a cost - effective means of serving development
(b) When a city, including a chartered city, county, or city and
through.the use of existing infrastructures, as contrasted to requiring
county, which has not adopted an ordinance governing second units
the construction of new costly infrastructures to serve development
in accordance with subdivision (a) or (c), receives its first
in undeveloped areas.
application on or after July 1, 1983, for, a conditional use permit
(2) Providing relatively affordable housing for low- and
pursuant to this subdivision, the jurisdiction shall accept the
moderate- income households without public subsidy.
application and approve or disapprove it pursuant to this subdivision
(3) Providing a means for purchasers of new or existing homes, or
unless it adopts an ordinance in accordance with subdivision (a) or
both, to meet payments on high interest loans.
(c) within 120 days after receiving the application. Notwithstanding
(4) Providing security for homeowners who fear both criminal
the provisions of Section 65901, each city, including a charter city,
intrusion and personal accidents while alone.
county, or city and county shall grant a special use or a conditional
SEC. 2. Section 65852.1 of the Government Code is amended to
use permit for the creation of a second residential unit if it complies
read:
with the following:
65852.1. Notwithstanding Section 65906, any city, including a
(1) The unit is not intended for sale and may be rented.
charter city, county, or city and county may issue a zoning variance,
(2) The lot is zoned for single family or multifamily use.
special use permit, or conditional use permit for a dwelling unit to
(3) The lot contains an existing single - family detached unit.
be constructed, or attached to, a primary residence on a parcel zoned
(4) The second unit is attached to the existing residence and is
for a single - family residence, if the dwelling unit is intended for the
located within the living area of the existing dwelling.
sole occupancy of one adult or two adult persons who are 60 years
(5) Whenever an increase in floor area is involved, it shall not
of age-or over, and the area of floor space of the dwelling unit does
exceed 10 percent of the existing living area.
not exceed 640 square feet.
(6) Any construction shall conform to height, setback, lot
This section shall not be construed to limit the requirements of
coverage, architectural review, site plan review, fees, charges, and
Section 65852.2, or the power of local governments to permit second
other zoning requirements generally applicable to residential
units.
construction in the zone in which the property is located.
SEC. 2. Section 65852.2 is added to the Government Code, to
(7) Loral building code requirements which apply to additions to
read:
existing single- family dwellings, as appropriate.
65852.2. (a) Any city, Including a chartered city, county, or city
(8) Approval by the local health officer where a private sewage
and county, may by ordinance provide for the creation of second
disposal system is being used, i( required.
units in single- family and multifamily residential zones consistent
As used in this subdivision, "living area" means the interior
Ch. 1440 —4— — 5 — Ch. 1440
inhabitable area of a dwelling unit including basements and attics
and shall not include a garage or any nceessory structure.
No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
This subdivision establishes the maximum standards that cities,
including charter cities, counties, and cities and counties shall use to
evaluate proposed second residential units on lots zoned for
residential use which contain an existing single - family detached unit.
No additional standards, other than those provided in this section,
shall be utilized or imposed, unless there is a requirement that an
applicant for a permit Issued pursuant to this subdivision shall be an
owner - occupant.
This section shall not be construed to limit the nuthority of cities,
counties, and cities and counties which adopt less restrictive
requirements for the creation of second residential units.
No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement the
provisions of this subdivision. Any city, county, or city Find county
may amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation of
second residential units if these provisions are consistent with the
limitations of this subdivision.
A second residential unit which conforms to the requirements of
this subdivision shall not be considered to exceed the allowable
density for the lot upon which it is located, and shall be deemed to
be a residential use which Is consistent with the existing general plan
Find zoning. designations for the lot. The second units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.
(c) No city, including a charter city, county, or city and county
shall adopt Fin ordinance which totally precludes second units within
single - family and multifamily zoned areas unless the ordinance
contains findings acknowledging that such Fiction may limit housing
opportunities of the region and further contains findings that specific
adverse impacts on the public health, safety, and welfare that would
result from allowing second units within single - family and
multifamily zoned areas justify adopting such an ordinance.
(d) As used in the section, a "second unit" is either a detached or
attached dwelling unit which provides complete, independent living
facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel or parcels as the primary unit Is situated.
(e) This section shall become operative on July 1, 1983.
(f) Jurisdictions which adopt ordinances pursuant to subdivision
(a) or (c) shall submit a copy of such ordinances to the Department
of (lousing and Community Development within 60 days. The
department shall submit a report to the Legislature, which shall
transmit the report to the appropriate committees of the Legislature
by Jamiary 1, 1984. The report shall evaluate the implementation of
this section by local governments and suggest any appropriate
legislative changes.
SEC. 4. Section 21080 of the Public Resources Code is amended
to read:
21080. (a) Except as otherwise provided iii this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to, the
enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issua�c.e of conditional use permits, and the
approval of tentative subdivision maps (except where the project is
exempt from the preparation of an environmental impact report
pursuant to Section 21166).
(b) This division shall not apply to the following.
(1) Ministerial projects proposed to be carried out or approved by
public agencies.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Projects undertaken, carried out, or 'approved by a public
agency to mnintnin, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster - stricken area In which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing
with Section 8550) of Division I of Title 2 of the Government Code.
i(4) Specific actions necessary to prevent or mitigate an
emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal
powerplant site or facility, including the expenditure, obligation, or
encumbrance of funds by it public agency for planning, engineering,
or design purposes, or for the conditional sale or purchase of
equipment, fuel, water (except groundwater), steam, or power for
a thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report or negative
declaration or other document, or documents, prepared pursuant to
R regulatory program certified pursuant to Section 21080.5, which
will be prepared by the State Energy Resources Conservation and
Development Commission, by the Public Utilities Commission, or by
the city or county In which the powerplant and related facility would
be located; provided that the environmental impact report, negative
declaration or other document, or documents, shall Include the
environmental Impact, if any, of the action described In this
paragraph.
(7) Activities or approvals necessary to the bidding for, hosting or
staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for
the construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring, or
Ch. 1440 —6—
approval of rates, tolls, fares or other charges by public agencies
which the public agency finds are for the purpose of (1) meeting
operating expenses, including employee wage rates and fringe
benefits, (2) purchasing or leasing supplies, equipment or materials,
(3) meeting financial reserve needs and requirements, (4) obtaining
funds for capital projects, necessary to maintain service within
existing service areas, or (5) obtaining funds necessary to maintain
those intracity transfers as are authorized by city charter. The public
agency shall incorporate written findings in the record of any
proceeding in which an exemption under this paragraph is claimed
setting forth with specificity the basis for the claim of exemption.
(9) Actions taken prior to January 1, 1987, by a public agency (1)
to implement the transition from the property taxation system in
effect prior to June 1, 1978, to the system provided for by Article
X111 A of the California Constitution or (2) to respond to a reduction
in federal funds. Those actions shall be limited to projects defined in
subdivision (a) or (b) of Section 21065 which initiate or increase fees,
rates, or charges charged for any existing public service, program, or
activity; reduce or eliminate the availability of an existing public
service, program, or activity; close publicly owned or operated
facilities; or reduce or eliminate the availability of an existing
publicly owned transit service, program, or activity.
(10) All classes of projects designated pursuant to Section 21084.
(11) A project for the institution or increase of passenger or
commuter service on rail lines already in use, including the
modernization of existing stations and parking facilities.
(12) A project for the institution or increase of passenger or
commuter service on high - occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
(13) Facility extensions not to exceed four miles in length which
are required for transfer of passengers from or to exclusive public
mass transit guideway or busway public transit services.
(14) A project for the development of a regional transportation
improvement program or the state transportation improvement
program.
(15) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 or similar state laws of
that state. Any emissions or discharges that would have a significant
effect on the environment in the State of California are subject to this
division.
(16) Projects undertaken by a local agency to Implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site - specific effect of the project which, was not analyzed as a
significant effect in the plan or other written documentation
required by Section 21080.5 is subject to this division.
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Ch. 1440
(17) The creation of a'second residential unit pursuant to Section
65 &52.2 of the Government Code.
(c) If a lead agency determines that a proposed project, not
otherwise exempt from the provisions of this division, does not have
a significant effect on the environment, the lead agency shall adopt
a negative declaration to that effect.
SEC. 5. No appropriation is made and no reimbursement is
required by this act pursuant to Section 6 of Article XIII 13 of the
California Constitution or Section 2231 or 2234 of the Revenue and
Taxation Code because the local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act.
701
r.
Or
CITY OF SARATOGA
AGENDA BILL NO. s� 8
DATE: 11/29/83
DEPARTMT: City Clerk
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
-------------------------------------------------------------- -----------t--- — ----- —
SUB,=: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds
Issue SumTary
The attached resolution represents the second step in the weed abatement process for this
season. The County has sent the owners of the 283 parcels requiring weed abatement notices
informing them that the weeds must be abated, either by the owners or the County. The notice
also informed them that they may present objections at tonight's publid hearing.
Recommendation
Conduct public hanring.
Ado-ot attached resolution.
Fiscal Impacts
None to City. County recovers its costs from administrative portion of fee charged.
Exhibits /Attachments
Resolution.
List of parcels requiring weed abatement (available at City Clerk's office).
Correspondence received.
Council Action
12/7: Callon /Fanelli moved to adopt Resolution 2109. Passed 5 -0.
RESOLUTION NO.
RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF
HAZARDOUS WEEDS
WHEREAS, the Saratoga City Council has declared hazardous weeds growing on
certain properties to be a public nuisance by resolution dated November ,
198' .; and
WHEREAS, the County Building Official did give notice to all property owners
of land on which hazardous weeds which have been declared a public nuisance
are growing; and
WHEREAS, a public hearing on said notice was held on December , 198 ; and
WHEREAS, final action on any protests or objections to the proposed removal
of weeds has been made by the City Council.
NOW, THEREFORE, IT IS ORDERED THAT the County Building Official shall cause
the abatement of hazardous weeds as designated by resolution dated November ,
198:, by having said weeds destroyed or removed, and any property owner shall
have the right to destroy or remove such weeds himself, or have the same destroyed
or removed at his own expense, provided that such weeds shall have been removed
prior to the arrival of the County Building Oficial or his authorized representative
to remove them.
The above and foregoing resolution was passed and adopted by the City Council
of the City of Saratoga.at a regular meeting held on the th day of December,
198 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
DATE:
TO
SUBJECT:
November 10, 1.983
Members of the Saratoga City Council
Weed Abatement Ordinance
I have received written communication that the city is
considering a Weed Abatement Ordinance.
7
- ------- - -
CFgWFE9
NOV 2 21983
While I feel that this is an excellent idea, I ask that you
put some controls on the County on the execution of this
program -- namely, contacting the land owner prior to the
work being performed-
I recently had an experience where I had my property's
perimeter sprayed and so did the County- The attached
letter explains this incident in more detail.
While I agree that it is imperative that land and properties
be clean for the safety of the general population, a decision
made at whim is not good for public relations and can be
very costly to the land owner-
Please consider my suggestions and thank you for your support
in
t matter.
ar Tere /si�'y`'l
117 Loma Vista Court
Los Gatos, CA 95030
November 9, 1983
Santa Clara County Weed Abatement Section
County Government Center East Wing
70 West Hedding Street
San Jose, CA 95110
Dear Sir:
Enclosed you will find my reply to your request that I certify
that I will maintain my property free of weeds for year 1984/85_
Additionally, for year 1982/83, as discussed on the telephone
with you, I received a charge on my property tax bill for
perimeter spraying for $85.48.
This property is disced at least twice per year, and the perimeter
is sprayed with Triox weed killer once each .. - .year:.,;:- ,w.h;i:cch sterilizes
the ground for at least one year.
As I said to you, I feel that the above charge is unfair and
erroneous, and if I do not hear from you within the next week,
I will take this matter to the proper authority.
Sincerel
R bert G. Teresi
117 Loma Vista Court
Los Gatos, CA 95030
Encl.
cc: Saratoga City Council
CITY OF SARATOGA
AGENDA BILL NO: SS GI
Initial:
Dept. Hea
DATE: November 2 , 1983 City Atty
DEPARTMENT: Maintenance City Mgr
------------------------------------------------------------------------------- - - - - --
SUBJECT: Change in Uniform Shirt Color for Park Maintenance Employees
Issue Summa
The Memorandum of Understanding which was made with the City employees during the last
negotiation required that the Director of Maintenance develop a policy on the color
of uniform shirts. That policy was to be ratified by the City Council.
The policy has been developed and it is agreed to by the Park Maintenance employees,
therefore recommended that the color of the uniform shirts be changed to tan subject
to the following requlations:
1) All park maintenance employees will be required to wear the new tan colored
shirt at all times at work
2) When working around vehicular traffic or on medians, orange safety vests, meeting
OSHA safety requirements, will be mandatory
3) Each park maintenance employee will be required to purchase two tan shirts, along
with the three that the City provides, to implement this color change
Recommendation
Ratify the policy change as negotiated between staff and maintenance employees
Fiscal Impact
None
Exhibits /Attachments
None
Council Action
12/7: Approved on Consent Calendar 4 -0.
CITY OF SARATOGA
AGENDA BILL N0: SAO
DATE: November 28, 1983
DEPARTMENT: Maintenance
SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden
Issue Summar
Initial:
Dept. Head
City Atty
City Mgr
The Foothill Men's Garden Club contributed $100 towards the care and maintenance of
Hakone Garden in September of 1982. They have contributed similar amounts in previous
years.
Recommendation
Accept and acknowledge this $100 donation and previous others by way of a letter
from the Mayor.
Fiscal Impact
The value of the donation is at least $100
Exhibits /Attachments
None
Council Action
12/7: Approved on Consent Calendar 4 -0.
AcEI'VDA BILL N0.
DATE: December 7, 1983
City'Manager
CITY Or SARNrOGA
SUBJECT. Acceptance and acknowledgment of donation
Issue Sunmary
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
An anonymous donor has provided $500 to the city of Saratoga for the
express purpose of replacing the existing refrigerator used by
employees in City Hall. State Law requires the City Council must accept
any gifts for use by the City.
Recom;nendation
Accept the gift of $500 for replacement of the refrigerator at City Hall.
Fiscal Impacts
None- The gift,is fully sufficient to cover the cost of replacement.
No added expense to the City will result.
E:,.hibits /Attachments
None
Council Action
CITY OF SARATOGA
AGENDA BILL NO: -( 1
Initial:
Dept. Head
DATE: December 12, 1983 City Atty
DEPARTMENT: Maintenance City Mgr
0--------------------------------------------------------------------------------------- - - - - --
SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden
Issue Summary
The Foothill Men's Garden Club has contributed another $100 to the care and maintenance
of Hakone Garden.
Recommendation
Accept and acknowledge this $100 donation by way of a letter from the Mayor.
Fiscal Impact
The donation was $100
Exhibits /Attachments
None
Council Action
•
1/4: Accepted on Consent Calendar 4 -0.
L�