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Home My WebLink About01-02-1984 CITY COUNCIL STAFF REPORTSCITY OF SARATOGA �S.r Initial: AGENDA BILL NO. Dept. lid . DATE: 12/18/84 (1/2/84) C. Atty. DEPARTMENT:. Community Development C. Mgr. SUBJECT: SDR -1331 - Spears - Springer Avenue - Final Acceptance Issue Summary Improvements were accepted for construction 5/18/83. Maintenance period is complete and improvements are acceptable. It is appropriate to accept work, release bond and accept offer of dedication. Recommendation Adopt Resolution SDR - 1331 -2 which accepts dedication, improvements and releases the bonding. Fiscal Impacts 4. Minor additional street maintenance Exhibits /Attachmnts 1. Report 2. Resolution t"T -"u2 Council Action 1/2:' Adopted resolution 5 -0.. i SyA R 9L1 FOF� ti1ED15 0 9`11 V1W @2 O&MEODO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: Dec. 18, 1984 FROM: Director of Community Development SUBJECT: Final Acceptance for SDR -1331 Location: Springer Avenue --------------------------------------------------------------------- - - - - -- The one (1) year maintenance period for SDR -1331 has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion 1331 -2 which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: Albert Spears Address: 36 Rogers St., Los Gatos 2. Date of Construction Acceptance: Certificate of Investment 3. Improvement Security: Type: Certificate of Investment Amount: $1500 Issuing Co: Address: Receipt, Bond or Certificate No.: Wells Farao Bank 6501- 006787 4. Miles of Public Street: 5. Special Remarks: RSS /dsm Robert S. Shook RESOLUTION NO. D � �' -2. 3� 6- c IZ RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of'Saratoga hereby resolves, as follows: SECTION 1: Reference is hereby made to the following Offer of Dedication to the City of Saratoga covering rights -of -way over portions of streets: a) Offer recorded on June 4, 1979, in Book E540 at Page 745 of Santa Clara County Records. SECTION 2: The aforesaid Offer of Dedication is hereby accepted by the City of Saratoga and the above portions of said streets covered thereby are hereby declared to be public streets of the City of Saratoga. BE IT FURTHER RESOLVED: That the following described Improvement Bond is hereby ordered released: That certain Improvement Bond Investment Certificate No. 6501- 006787 Dated: April 7, 1978 issued by Wells Fargo Bank. The above and foregoing resolution was passed and adopted on the day of , 19 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR CITY OF SARATOGA AGENDA BILL NO. %.S'(p DATE: 12/18/84 (1/2/85) DEPARTMENT: Community Development Initial: y�P Dept. Hd. a]" C. Atty. C. Mgr. Ste_ FINAL BUILDING SITE APPROVAL SDR -1576, ROBERT S.,POLLACK Issue Summary 1. SDR -1576 is ready for final approval. 2. All Bonds and Agreements have been submitted to the City. - 3. All requirement for City Departments and other agencies have been met. Recomrendation Adopt Resolution No. 1576 -02 attached approving the final map of SDR 71576 and authorize execution of contract of improvement agreement. Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 1576 -02 2. .Report to the Planning Commission 3. Status Report for Building Site Approval. 4. Location Map Council Action 1/2: Approved 5 -0. RESOLUTION NO. 1576 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF ROBERT S. POLLACK The City Council of the City of Saratoga hereby resolves as follows: SECTION l: The 0.253 Acre Parcel shown as Parcel 1 on the ,Final Parcel Map prepared by Louis M: Bini Associates, Inc., and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular i meeting held on the day of. 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 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- 1576 , Robert.S. Rollack (have) been met as approved by the Planning Commission on 8 -22 -84 Listed below are the amounts, dates and City receipt numbers for,all required items: Offer of Dedication yes Record of Survey or Parcel Map yes Storm Drainage Fee $773 Date Subm All Required I.mprovement Bonds $2500 All Required Inspection Fees 3300.00 Building Site Approval Agreement yes Park and Recreation Fee NAP, fitted Date Date Date Date Date Submitted Date Submitted 11 -30 -84 Receipt Submitted 11 -30 -84 Submitted 11 -30 -84 Signed 11 -30 -84 Submitted N/A 11 -30 -84 # 6698 Receipt# 6698 Receipt# 6586 6698 Receipt# - -' It is, therefore, the Community Development Department recommendation that (Conditional) (Final) Building Site Approval for Robert S. Pollack SDR- 1576 be granted. If Conditional Building Site Approval is recommended, it sball become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance Robert S. S o0 Director of Community Development I r . REPORT TO PLANNING COMMISSION City of sar a * *Revised: 9/12/84 *Revised: 8/22/84 APPf;OVCD By. DATE: 8/1/84 DATE: - - - L Z5 Commission Meeting: 8/8/ 84 INITIALS: SUBJECT: SDR -1576, V -652, & A -997, Dorothy Shaw, 14502 Big Basin Way ---------------------------------------------------------------------------- ACTION REQUIRED: Approval of: 1) Variances to: a) Provide 17 parking spaces where 28 are required. b) Provide a minimum rear yard of 0' where 18' is required. c) Provide 0' aide yards where 8' is required. d) Provide 0 loading berths where l is required. 2) Tentative:-: Building Site for an 11,608 sq. ft., two -story office/ commercial building. 3) Design Review for the remodeling and new construction involved. OTHER APPROVALS RECEIVED /REQUIRED: Building Permits. PLANNING CLASSIFICATION Final Building Site Approval and ZONING: C -C (Community Commercial) GENERAL PLAN: Retail Commercial CTTF MAMA PARCEL SIZE: 12,010 sq. ft.± current; 11,091 sq. ft.± after dedication NATURAL FEATURES & VEGETATION: None. Site is almost completely covered by existing development. AVERAGE SITE SLOPE: 3% SLOPE AT BUILDING SITE: 3% Report to the Planni ' ' Commission SDR -1576, V -652, GRADING REQUIRED: Cut - 65 Cu. Yds. Left Side - 1 Ft.± 1 8/1/84 •,_., Wage 2 Fill - 0 Cu. Yds. Right Side 0 Ft. (Existing Decl HEIGHT: 30' ±.(Measured from��average finished grade to top of roof) 351± (maximum hei.gh.t.for front elevation) IMPERVIOUS COVERAGE: Existing' First Floor -. 5.,993. sq...ft_ Second Floor 3,856 sq. ft. Proposed ..(including 2,422 sq. ft. theater) 8,990 sq. ft. 9,849 sq. ft. 11,412 sq. ft. Exterior Materials: Brick veneer; board and batten painted off - white; Roof Materials: PROJECT DESCRIPTION: wood shingles. Wood Shingles.- Natural The applicant is proposing to demolish the "Quonset Hut" portion of the Saratoga Theater located at the southwestern corner of.Third Street and Big Basin Way and replace this portion with lower level parking and second story office space above. The existing two- story.portion of the building -.fronting Big Basin Way will be substantially-,- remodeled and its exterior facade altered. The existing structure currently houses two non: = conforming real estate offices, a-..house plant shop, and the theater. Three apartments are contained in the existing second story. When the structure is completely remodeled, the applicant proposes two real estate offices, a retail shop, and a fenced -in service area on the lower level. Two apartments and 6,934 sq. ft. of office space are proposed to be contained in the new. second floor area. It should be noted that at least one of the proposed real estate offices will need a use permit since it will be expanded. Further, if any real estate office without a use permit is.not used or abandoned for a con - tinous period of 90 days, the use can not be re- established,.; until a use permit has been received. The City has been encouraging the occupancy of ground floor building space by retail commercial uses to enhance the economic vitality.of the Village. However, this goal must be balanced against the need for additional parking to serve such uses. One apartment unit will be lost due to this proposal thus further re- ducing the City's supply of rental housing, particularly low to moderate income housing. STAFF ANALYSIS: 1. Parking and Loading The applicant indicates that under current ordinance standards the existing uses occupying the site would require 136 parking spaces, the bulk of the Report to the Plann' Commission SDR -1576, V -652, A-!,, 8/1/84 :w Page 3 spaces being required for the theater.which was established in 1947 -48 prior to City incorporation. According to the applicant the new uses proposed for the site require 26 spaces. Currently there are seven parking spaces provided on site. The new .project would provide a total of 1.7 parking spaces. These two factors combined improve the poor parking situation of the site and benefit the Village in the opinion of the applicant (see applicant's letter dated June 5, 1984). However, staff has determined.that the project could have greater impacts on the Village than described by the applicant. Staff has calculated that the new proposed uses would require 28 parking spac.es.. Also, since the applicant would demolish at least 4,000 sq. ft. of the existing. theater (most of the seating area) the bulk of the site will be redeveloped and essentially started from scratch. It should be noted that the existing structure is non - conforming in terms of its rear and side yard setback requirements and would be subject to the amortization.periods of Section 15.9 of the City's non - conforming Ordinance. In a previous variance application. (V -627, Brozda) the Commission allowed a certain amount of "Grandfathering" of,parking spaces which permitted the use internsification of existing buildings. The Brozda'request did. not involve the demolition of any structure, or portion of a structure, nor were any additions proposed as is the case in this application. Using this precedent the only portion of the structure that could "Grandfather" in parking spaces would be the.undemolished two -story portion at the front of the existing building. Using this concept, additional parking would only be required for the new additions to the undemolished portion of the building and any ex- pansions or intensification of uses currently housed in that building. The following table compares the parking requirements of the existing uses housed in that portion of the structure that will be undemolished to the new project: EXISTING ( Undemolished Portion) NEW (Entire Project) Use . Sq. Ft. Parking Use Sq. Ft. Parking Offices 1,593* 4 Offices 8,888 22 Retail 400 2 Retail 468 2 3 Apts 3,856 6 2 Apts 2,056 4 12 28 * Includes 508 sq. ft. of.former theater.area. Using the "Grandfathering" provision mentioned, the existing 7 parking spaces would actually be counted as 12 (.the amount of parking currently' required for the front portion of the building) and thus 16 new parking spaces (.28- 12 =16) would be required to accommodate the proposed additions. The applicant proposes 10 additonal spaces which is 6 short of the amount calculated by Staff as needed. The applicant would essentially be asking for a variance for these 6 spaces. To comply with ordinance requirements the structure would have to be reduced in size by 2400 sq. ft. .Report to the Planni- Commission SDR -1576, V -652, 8/1/84 Page 4 However, the parking scenario above would be changed if the Commission approves the staff recommended dedication of a total 26' wide right -of- way (maximum of 13' wide on the site itself) to the rear of the property to provide adequate access to Parking District No. 4. This dedication would eliminate at least two parking.spaces and would require an additional 800 sq. ft. reduction in size of the building to make up this loss of parking. Staff believes the additional right of way is necessary to provide an adequate and safe second access to Parking District No. 4 particularly in terms of fire safety and vehicle ingress and egress. A widened access way would help prevent conflicts between incoming and outgoing traffic as exists today with the narrow access. At least one handicapped parking stall should also be provided on site in conformance with State regulations 14' X 20' in dimension. Section 11.5(a) of the Zoning Ordinance requires one loading berth (12' X 45') for the site. However, considering the location of the site adjacent to Third Street and Big Basin Way such a facility may not be necessary since necessary loading and unloading can be accomplished using these street frontages. Also staff anticipates that the nature of the uses proposed would not need a loading berth of the size required as would large retail uses and the vehicles used would be small enough to utilize normal street parking space. SETBACKS: The following table compares the setbacks of the existing structure with those proposed for the new project and those.required by ordinance: As can be seen from the table above the proposed structure complie.s'with only the required front yard setback and even in this case the cantilevers for the second -story tower sections encroach about 61' into the State's right -of -way along Big Basin Way.. These cantilevers must be reduced or an encroachment permit received from the State before. the structure could be built. In terms of the side yards a.0' setback is generally the norm in the C -C District. The 8' sideyard setback stems from the 30' height of the structure and the requirement of Section 7.10 that 1' be added to the required side yard setback for each 2' the structure is above 14' (30'- 14' = 16'; 16'- 2 = 8'). Since most of the existing structures in the Village do not maintain such side yards staff feels that side yard variances for-this structure would also be appropriate and in keeping with the character of the Village. Existing Proposed Ord. Req. Front: 1' 0' of Left Side: if 0' 8' Right Side: 0' of 8' Rear:. 11.5' 0' 18' As can be seen from the table above the proposed structure complie.s'with only the required front yard setback and even in this case the cantilevers for the second -story tower sections encroach about 61' into the State's right -of -way along Big Basin Way.. These cantilevers must be reduced or an encroachment permit received from the State before. the structure could be built. In terms of the side yards a.0' setback is generally the norm in the C -C District. The 8' sideyard setback stems from the 30' height of the structure and the requirement of Section 7.10 that 1' be added to the required side yard setback for each 2' the structure is above 14' (30'- 14' = 16'; 16'- 2 = 8'). Since most of the existing structures in the Village do not maintain such side yards staff feels that side yard variances for-this structure would also be appropriate and in keeping with the character of the Village. Report to the Planr Commission 8/1/84 SDR -1576, V -652, A -:,.,' page 5 The 0' rear yard where 18' is required is probably the most important encroachment proposed by the applicant since it could impact adjacent residential properties to the southeast. This setback would be impacted by the required widening of the accessway to Parking District No. 4 to 26' total. The ordinance would require an 18' setback from this new property line which can be accommodated if the structure is reduced to comply with parking requirements: DESIGN: The proposed remodeling and addition would substantially change the appearance of the existing structure. The street _ side facades would._-- __.._.. _. be the most visible. The maximaun. height of the structure.(the two.towers) will be 35' as seen from Big Basein Way which is 7' - 4" taller than the existing Village Square building separation wall. This structure would be one of the highest if not —'the highest structure on the southern side of Big 'Basin Way. Staff is concerned that this height would be too incompatible.with the single -story development that predominates on the south side of Big Basin Way particularly in the Third and Fourth Street areas. The structure should be no higher than 25' as measured from average finished grade to peak of roof along its Big Basin Way elevation to ensure compatibility with the scale of existing development. Also, the proposed design tends to "flatten" the front elevation with limited (about 1') changes in the depth of the facade. Staff feels greater variety and interest can be created in the front elevation by adding greater depth in the facade both in the first and second stories of the structure. The existing theater entrance and vestibule could be incorporated in such a design.. A recessed.deck could be used in the second story. Planters should be used along both the front and Third Street side of the project to create a more attractive setting. The glazing (windows)* along the upper portion of the first floor could be reduced to be more in scale with existing first floor shopping windows in the vicinity. Staff is also concerned about the treatment of the alleyway between the project and the-Village Square Building. Currently there is about a 10' wide alley or driveway between the existing buildings.'. This width is proposed to be reduced to 5' in the front because of the new construction of a wall.to support the cantilevered portion of the second story. This wall would increase the "closed =in" feeling of the proposed walkway, but would add symmetry to the front elevation. The existing green fence in the alley should be removed as well as the deck over the alley. The applicant should consider using brick -work paving and'additional land- scaping to make the walkway more attractive. Another alternative would be to completely demolish the building and rebuild with the whole structure completely attached to the existing Village Square separation wall. This,would allow for more landscaping along the Third street side of the property and perhaps an attractive corner treatment similar to that of the Village Square at the corner of Fourth Street and Big Basin.' Report to the Plannir Commission ' 8/1/84. SDR -1576, V -652, Page. 6 The sidewalk in along Big Basin Way should utilize brick paving compatible in design with the brick paving used along the frontage of the Village Square. LAND USE: The City has expressed its concern,through the General Plan's goals and policies and the Area J - Guidelines for Area Development for the economic vitality of the City and the Village. Staff is concerned that this pro- ject does not adequately address these concerns in that insufficient retail space, which would benefit City sales tax revenues, has been.pro- vided. Staff is aware that increased commercial space requires more parking and that this would require the reduction of office space or finding the means to provide additional parking. The lower level of the building should be devoted to retail use since this space is easily accessible to pedestrians and could create shopper attraction. The upper level could still be used for offices since that space would be less accessible to shoppers and is generally not associated with retail use. It should be noted that economic vitality in the Village and other. commercial areas directly affects the financial health of City Government. VARIANCE (For Parking and Loading): Staff had determined that the project will be short a minimum of six parking spaces if the existing non - conforming parking situation for the undemolished portion of the structure is allowed to continue. As in the Brozda variance application (V -627) staff would recommend giving . parking credit to the existing non - conforming portion of the use but would require additional parking for the new additions to the structure. A loading berth is not necessary because of the,site's street frontage. FINDINGS: 1. Practical Difficulty and Unnecessary Physical Hardship: There 'is no physical circumstances associated with the site's shape, size, topography, location of surroundings which would warrant a variance for 6 parking spaces particularly since the lot is twice the minimum ordinance size and exceeds lot width and depth requirements. However, since the site has too street frontages of sufficient length to accommodate truck loading, a loading berth would not be necessary. 2. Exceptional Circumstances: There are no exceptional circumstances associated with the site which would warrant a variance for--parking since.a major portion of the existing structure must be removed to accommodate the new development. In the case of the loading berth, there are exceptional circumstances associated with the site'in that it has frontage on two streets suitable for loading which is not generally the case for most C -C zoned properties. • Report to the Planr`" Commission ' -f 8/1/84 SDR -1576, V -652, A- Page 7. 3. Common Privilege: Denial of the proposed parking variance would not deny the applicant the right to reasonably develop the property as others in the C -C zoning district particularly since the applicant would be receiving some parking credit due to the existing non - conforming situation and the proposed additions can be reduced to accommodate available parking. Denying the variance for the loading berth would be a denial of•a common privilege enjoyed by most properties in the C -C district since they do not have loading berths and utilize street loading. 4. Special Privilege: Granting the parking variance would be a grant of special privilege since. there are no exceptional circumstances associated with the site which would warrant a variance. In terms of the loading berth there are exceptional circumstances associated with site (i.e., two Istreet frontages) which warrant a variance. 5. Public Health, Safety or Welfare: The granting of the parking variance may be materially injurious to pro- perties or improvements in the vicinity.since the use may utilize public parking that is meant to be shared by other commercial uses. There.would be no adverse health or safety impacts associated with the loading berth since street loading can be provided. The.three findings related directly to parking are as follows: 6. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. The 6 space deficit associated with the proposed redevelopment.of the site would make the inadequate parking situation in the Village somewhat worse. 7. The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. There will.be sufficient loading space on existing streets so that there will be no adverse impact on loading. However, if the parking variance were granted, there could be a conflict in the availability of parking spaces for other uses. 8. The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning " ordinance. It does not appear that the granting of the parking variance would create a safety hazard but it could be inconsistent with the following objectives of. the zoning ordinance: Report to the Planninn Commission 8/1/84 SDR -1576, V -652, A -' Page 8 b. To foster a harmonious, convenient, workable relationship among land uses. c. To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious 'influences and harmful intrusions. d. To ensure that public and private lands ultimately are used for the purpose which are most appropriate and most beneficial from the standpoint of the city as a whole. h. To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. RECOMMENDATION: Staff recommends that the variance for not providing,a loading erth be granted but that the parking variance be denied: It should be noted that the "Grandfathering" of parking spaces for the undemolished portion of the structure only applies if this portion of the structure remains. If it is demolished, parking would have to be provided.at the normal ratio required in the zoning ordinance for the entire structure. VARIANCE (Setbacks) Since most of the commercial buildings in the Village maintain 0' to 1' side setbacks, staff has determined that the variances for side setbacks are appropriate in this situation. The 18' rear yard setback should be maintained to protect adjacent residential development. FINDINGS: 1. 2. Practical'. Difficulty or Unnecessary Physical Hardship: There are no physical constraints associated with the site which would warrant a.-rear. yard encroachment of 18' although a smaller encroachment might be feasible because of buffering that would be provided by the driveway to Parking District No. 4. However, there would be a practical difficulty associated with maintaining 8' side yards in that it would require the relocation of the existing structure and would be inconsistent with the design theme of the Village. Exceptional Circumstances: The driveway to Parking District No. 4 which would require the dedication of a portion of the rear of the site would constitute an exceptional circumstance allowing-some but not all of the proposed rear yard encroachment. The side yard encroachments are appropriate given the existing separation wall between this site and the adjacent" Village Square as well as the fact that most structures in the Village maintain very limited or no side yards. Report to the Plan --' -T Commission SDR -1576, V -652, 3. 4. 5. Common Privilege: 8/1/84 Page 9 The applicant's ability to develop the property will not be unreasonably constrained by not allowing the proposed variance since parking al- ready acts as a significant limit. Since minimal or no setbacks have been required for most commercial structures in, the Village, including recent construction, the applicant would be denied the common privilege of developing this property comparable to other properties in the Village. Special Privilege: Since there are exceptional circumstances. associated it would not be a grant of special privilege to allow proposed side yard encroachment and a portion of the yard encroachment. Public Health, Safety and Welfare: with the property, .either the proposed rear The granting of these variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. RECOMMENDATION: Staff would recommend approval of the side yard variances but not the rear yard variance as presently proposed. Approval shall be subject to the following condition: 1. Project shall comply with the conditions of SDR -1576 and A -997. *2. The parking area underneath the proposed building shall remain open to the public except for two (2) spaces to be set aside for the occupants of the second -story apartments. No other signs shall be posted indi- cating that the parking spaces are only to be used by the occupants of the building. *3. When the current leases for the existing real estate office uses have expired, or use permits are not granted to allow them to continue in their present location, these uses shall be replaced by retail uses on the lower level of the building. Applicant shall submit,proof of lease termination dates within 30 days. Report to the Planning Commission SDR -1576, V -652, A -S __,/ DESIGN REVIEW: 8/1/84 Page. 10 Staff believes that significant modifications to the design of the pro- posed structure will be required before it can be made compatible with adjacent development therefore staff is not recommending approval of this design review at this time. If the Commission wishes to grant approval per -Exhibits:• "B -l" and 1'C- 1 "of::A- 997 ; approval should be subject to the following conditions: * 1. The structure shall be no higher than 32�' in its front elevation measured from top of roof.to- the - average- finished - grade. Plans showing this shall be submitted for staff review and approval prior to issuance of Building Permits. *2. The- front - elevation - shah -be- redesigned - cresting - greater- depth -and }��e�es�T -- the- e�} s�iag- e��a�ee- s�iea�d- be- }aee�pe�a�ed -gin -phis des }ga -as- well- as -x�ed€ €yea € }ess - €e -€ lie- seeead- �e�elT-- �laa�ag -a�aa ska1l- be- �edeeed - €e -be -ice- scale- w}€ �i- a�3aeee�- de�rele�ax�ee�- aad -��e- pedes €� }as- Seale -e €- the- ��l�age�-- �te�rised- glass- skewieg - €�iis -shall be- s�tb�} €fed - €ems- spa € €- �e� }ew- aid.- a�ag�e�al- g�ie�- €e- }ssr�aeee -e €- Hi��diag- fle�� €�sT 3. A detailed sign program for all uses shall be submitted for Design Review Approval prior to installation of a_ y signs. The sign pro- gram should be compatible with adjacent development. 4. No portion of the structure other.than eaves may encroach into the'State right -of -way or City right -of -way. 5. Parking lot lighting details and exterior lighting plans shall be submitted for staff review and approval prior to issuance of building permits no lighting source shall create 41are off -site. All lighting, except security lighting, shall be turned off by 11 P.M.. 6. Plans showing the location of trash containers, utility meters, mechanical equipment or other similar appurtenances and their screening shall be.submitted for staff review and approval prior to.issuance of building permits. Report to the Planninr Commission ,�' 8/1/84 SDR -1576, V -652, A -: Page'll BUILDING SITE APPROVAL ISSUES: SDR -1576 In addition to the dedication required at the rear of the property for the Parking District No. 4 driveway, staff has also conditioned the Tentative Building Site Approval.for an additional 5' of right- of-way along the Third Street frontage of the property. The purpose of this dedication is to provide adequate space for a sidewalk, a parking lane and a travel lane. This dedication would require the removal of a 4' portion of the strucure nearest Third Street. This dedication requirement would certainly change the design of the structure and might require its total demolition. There is an alter- native means of accomplishing the City's goals without increasing the Third Street right -of -way. This option would entail removal of a 5' portion of the sidewalk on the other side of Third Street and recon- struction of the improvements on that side of the street. The applicant would have to pay for those costs. Considering the complexity of the project, staff anticipates that this project will be continued to a study.session. Staff would like to discuss the issue of the Third Street improvements with the Commission at that time. Report to the Plann: -i^g Commission SDR -1576, V- 652,.1 8/1/84 Page 12 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.if staff recommended - change: are made'to the project. 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. The Staff Report recommends approval of the _tentative map for * SDR -1576 (Exhibit "B" filed August 16, 1984) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordiance 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 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 - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for checking and recordation (Pay required checking'& recordation fees). (If parcel is.shown on existing map of record, sumit three (3) to- scale prints). * C. Submit "Irrevocable Offer of Dedication" to provide for a an expanded "right -of -way on.Third Street as approved by the City Engineer. D. Improve third Street to City-Standards, including the following: *- 1. Designed Structural Section between centerline and . flowline as approved by.the City Engineer. ,. Report to the Planning Commission .SDR -1576, V -652, A -� 2. P.C. Concrete curb and gutter (V -24), * 8/1/84 Page 13 3. Pedestrian Nalkway ( 6 ft. P . C . C : )A brick: sidewalk shall be put in in front consistent with the sidewalk of the adjoining property. 4. Undergrounding Existing Overhead Utilities. E. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: 1. Storm sewer trunks with necessary manholes. 2. Storm sewer laterals with necessary manholes. 3. Storm drain inlets, outlets, channels, etc. F. Construct Standard Driveway Approaches. G. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. H. Obtain Encroachment Permit from Cal -Trans for work to be done within State Right -of -Way. I. Engineered Improvement Plans required for: 1. Street Improvements.. 2. Storm Drain Construction. J. Pay Plan Check and Inspection Fees as determined from Improvement Plans. K. Enter into Improvement Agreement for required improve- ments to be completed within one (1) year of receiving Final Approval. L. Post bond to guarantee completion of the required im- provements. M. Submit "Irrevocable Offer of Dedication" to provide for. * a 21 foot total width on the access to Village Parking District #4 between Third Street and the Parking District. N. Improve the access to Village Parking District #4 to a * total width of 2.0 ft for its entire length. II. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Foundation B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. Report to the Planni Commission �' 8/1/84 SDR -1576, V -652, A -,, Page 14 C. Detailed on- site..mprovement plans showing: 1. Grading (,limits of cuts-.fills;-:slopes, cross- sections -- - exi-s -t ng- a:, d- -- p- roposed-- e- levations -, -•- ear- thwor-k- quantities ) 2. Drainage details (conduit type, slope, outfall, locafation .etc.) 3. Retaining structures including design by A.I.A. or R.C.E. f'or malls 3 feet or hi(-her. D. Other requirements: Prior to Final of Building Permits existing structures to conform to current codes. Licensed engineer or architect to submit report of deficiencies prior to issuance of building :permit. IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4 A. Existing sanitary sewer service can serve the project. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT * A. Construct driveway 20 feet minimum width, (21' Right- of -IJay) at the rear of the property per City Standards. B. Project must comply with the requirements of the Uniform Building Code and the Uniform Fire Code. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Domestic water'..to:.be. prouided by San Jose,.tWater 'r. Works. B. Sanitary sewer connection required. VII. 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. VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. .. Design Review Approval. required on;.project•_prior:,to- issuance of permits. B. The applicant shall consider devoting the the lower level of the project to retail uses consistent with the goals and policies of the General Plana C. The applicant shall landscape all portions or the public right- of- way,tha:t are to;:_remain unimptoved. Planter, land- scaping and irrigation plans shall be'submitted to the Planning Department for review and approval. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -way improvements, or prior to final inspection /occupancy. Report to the Planni -- -'Commission SDR -1576, V -652, A 8/1/84 Page 15 D. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right -of -way. The property owner shall maintain these landscaped areas in perpetuity... E. Applicant must apply for an encroachment permit from Caltrans prior to doing any work in the State's right -of -way along Big Basin Way. ** F. Prior to the location of any new or expanded,_ real estate office in this complex a use permit shall be required.' Any existing real estate office not being expanded shall apply for a Use Permit at the end of 3 years, 2 months from September 12, 1984 or when the lease expires, whichever is sooner. * G. De#a}1-s--c 3,f - tore- propese&- wai*wap- 43etwreeT- t+r,-- -prcr eet - end -the e3�t }erg �iil- erge-- 6cf�tare- bay lrng-- sham- be- -strbmit-ted -fir sty €€ - �e�t €ew- -anel- agp roirerl - prrer --tc3 - �'i7ral- �trr�di�rg -S3-te -- Af>prova -3-. * H. �l�e- prepertp- ska�� -be- used -so- that -no- combination -af-uses wsff— regc[ =re- mare - than- �7- gaPl�tn� -s�'a��s-as-8�t��'�i�iea'S� beet erg- �l-� -af-the - Froning- 6rdirrance. - -If- the - structure -is tetall�- dex�el�sked- ne- crec�rt- for- LL�ranc�father =ngLL -of- park =ng - }s- perxaitted -. I. Sidewalk. improvement details showing brick paving compatible with adjacent development shall be submitted for staff review .and approval prior to Final Building Site Approval. * J. pia- ex3��iag --cee ��e tke--r-oposed- eta- �}�wa- sk��- b�- r -emod- pxmoor- - to-- €iR&I- ifwypee -t3 -0iq - 000aga4-kci} . K. One-handicapped parking stall shall be provided on site. APPROVED Michael Flor s Assistant Planner MF /bjc P. C. Agenda 8/8/84 0 i t r �r ti � � r � a u 9PS.M d�G LOCATION MAP SDR 1576 GERALD z,r.cL�f N CT n c W J s ° r 7 ,G e �� IESTIERLEE +se P%r-L . Vrf •1'� i o > o • 1/ ��" i' ' stiff •. Z � :v 3 ti 0 i t r �r ti � � r � a u 9PS.M d�G LOCATION MAP SDR 1576 GERALD z,r.cL�f N CT n c W J s ° r 7 ,G e �� CITY OF SARATOGA Initial: AGENDA BILL NO. 7S 7 Dept. Hd. DATE: December 26, 1984 C. At DEPARTMENT: City Attorney C. Mgr. SUBJECT. Amendments to City Code, Subdivision Ordinance and Zoning Ordinance relating to appeals Issue Sumiary The proposed ordinance: (1) establishes a general appeal procedure to replace the numerous provisions now scattered throughout the City Code; (2) eliminates appeals by the City Council at its own initiative, thereby reducing the appeal period from 15 to 10 days; (3) clarifies the scope of appeals on conditions of an approval to provide that the Council may con- sider the entire application, including matters from which no appeal was taken or the granting of the approval itself; (4) revises the time limits for judicial review under the Subdivision and Zoning Ordinances in accordance with changes in State lava; (5) codifies the existing practice of adopting a resolution at the next meeting to memorialize a decision on an. appeal rendered by the Council at the previous meeting. Reconane_ndation Adoption of ordinance Fiscal Impacts None Exhibits /Attachments (a) Memorandum from City Attorney to Planning Commission dated November 6, 1984 (b) Resolution of Planning Commission recommending adoption (c) Proposed ordinance (not included. with this agenda bill; see revised version attached to City Attorney's memo in packet after agenda bill) Council Action 1/2: Introduced ordinance 5 -0, as revised. 1/16: Postponed to 2/6 agenda. 2/6: Adopted.Ordinance NS3.64 5 -0. C] RESOLUTION NO. C -214 -1 A RESOLUTION RECOMMENDING AMENDMENTS TO THE ZONING ORDINANCE (ORD. NS -3, ARTICLE 24), THE SUBDIVISION ORDINANCE (ORD. NS -60, ARTICLE 9) AND CHAPTER 2 OF THE CITY CODE REGARDING APPEALS WHEREAS, an application for amendment to the Zoning Ordinance was initiated by City Staff to clarify and modify the City of Saratoga's existing appeal procedures, and WHEREAS, the Planning 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 28th day of November, 1984, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California, and WHEREAS, after careful consideration of the proposed amendment • as it would affect the Zoning Regulations in the General Plan of the City of Saratoga, and after consideration of the staff report, the Commission has made certain findings and is of the opinion that the proposed amendment attached thereto shall be formally recommended to the City Council. NOW THEREFORE, BE IT RESOLVED by the Planning Commisssion of the City of Saratoga as follows: 1. That the proposed amendment attached hereto be and the same as hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of the City. 2. That the report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same as 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 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 28th day of November, 1984, by the following vote: 1 AYES: Commissioners Burger, McGoldrick, Peterson, Schaefer and • Siegfried NOES: None ABSENT: Commissioner Crowther ATTEST: ke�V4 - xa_ Secretary 2 Chairman, 'Planniny�,ommission • AYES: Commissioners Burger, McGoldrick, Peterson, Schaefer and Siegfried NOES: None ABSENT: Commissioner Crowther ATTEST: - xtrt� Secretary 2 Chairman,'Plannin, ommission C A .• C -214 -1 U EXHIBIT "B" PTMMTM _C . 1. The proposed amendments to the text of the Zoning and Subdivision Ordinances are required to achieve the objectives of the General Plan and Zoning Ordinance as prescribed in Section 1.1 of the Zoning Ordinance in that: a. It establishes a uniform appeal procedure for land development projects, thus clarifying the procedure. b. It incorporates other modifications into the existing appeal procedure clarifying the scope of appeals. 2. The proposed amendments to the text of the Zoning and Subdi- vision Ordinances will not be detrimental to the public health, safety or welfare or materially injurious to properties in the City. • • PAUL S. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI ATKINSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney RE: Amendment to Appeals Ordinance DATE: January 21, 1985 J. M. ATKINSON, (1692 -1982) L. M. FARASYN, (1915 -1979) A further revision has been made to the appeals ordinance incorporating the changes as discussed in your regular meeting on January 16, 1985. All sections now provide for notice to be given not less than ten days prior to the date of the hearing as opposed to five days. Additional language has also been added to clarify that if a public hearing is conducted on the appeal, notice thereof must also be published ten days prior to the hearing and, when required, mailed or delivered to all persons owning real property within five hundred feet of any property that is the subject of the hearing. The new planning law which became effective on January 1, 1985, consolidates all of the former public hearing notice requirements in two sections of the Government Code. Section 65090 provides for notice by publication only at least ten days prior to the hearing in a newspaper having general circulation in the city. Section 65091 provides for both publication and the mailing or delivery of notice at least ten days prior to the hearing to all persons owning real property within three hundred feet of the property that is the subject of the hearing. Section 65091 has been referenced In the additional language added at the end of Sections 9(c) [page 31, 24.6(a) [page 51 and 24.7(a) [page 51, with the exception that notice must be mailed or delivered to all persons owning property within five hundred feet of the subject property rather than three hundred feet. The foregoing changes to the appeals ordinance reflect the practice currently followed by the city on noticing of public hearings. Consequently, I do not consider the additional language as representing a material change from the form of ordinance as originally introduced by the Council so as to require a second introduction or referral of the ordinance back to the Planning Commission. If the Council is satisfied with the ordinance as now presented in the draft dated January 21, 1985, the Council may proceed to a second reading and adoption. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING IN CHAPTER 2 OF THE CITY CODE, SECTION 9 OF TaE SUBDIVISION ORDINANCE, AND ARTICLE 24 OF THE ZONING ORDINANCE, RELATING TO THE EFFECTIVE DATE OF ADMINISTRATIVE DECISIONS AND APPEALS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 2 -3.1, entitled "Effective date of administrative decisions," is hereby added to Article I, Chapter 2 of the City Code, to read as follows: "Sec. 2 =3.1 Effective date of administrative decisions All administrative determinations or decisions under this Code shall become effective and final upon expiration of the applicable appeal period set forth in this Code, provided no notice of appeal has been filed within such time. In the event a notice of appeal is filed within said appeal period, then the following rules shall apply: (a) If the appeal is to the Planning Commission, the decision of the Planning Commission shall become effective and final upon expiration of the applicable period for appeal to the City Council, provided no notice of appeal has been filed within such time. If at any time prior to the rendering of a decision by the Planning Commission the appeal is withdrawn, the administrative determination or decision shall, at that time, become effective and final. (b) If the appeal is to the City Council, the decision of the City Council shall become effective and final on the date such decision is rendered. The City Council may thereafter record such decision by adoption of a resolution describing the nature of the appeal, the decision rendered by the Council thereon and the findings or grounds for the decision as articulated by the Council ill embers at the time the decision was made, but such action shall not extend the effective date of the decision provided herein nor shall such action extend the statute of limitations applicable to the decision. If at any time prior to the rendering of a decision by the City Council the appeal is withdrawn, the determination or decision from which the appeal has been taken shall, at that time, become effective and final." SECTION 2: Section 2 -3.2, entitled "Appeals." is hereby added to Article I, Chapter 2 of the City Code, to read as follows: "Sec., 2 -3.2 Appeals (a) Right to appeal. Except where an appeals procedure is otherwise specifically set forth in this Code, any interested person objecting to the whole or any portion of an administrative determination or decision made by an official of the city or by the Planning Commission, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the 1/21/85 -1- provisions of this Code, may appeal to the City Council by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (b) No appeal from ministerial acts. No right of appeal to the City Council shall exist when the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Code. (c) Time limit on notice of appeal. The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision is rendered. (d) Schedule of hearing; notice. Upon the filing of the notice of appeal and payment of the appeal fee, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is conducted on the Anneal_ nntiee therenf shall also he nublished once at least ten days orior to the hearing in a newspaper having general circulation in the city and mailed or delivered at least ten days prior to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was made. (e) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council,. in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (f) Decision by City Council. The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a determination or decision, the City Council shall have the authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. (g) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision by the City Council on an appeal taken pursuant to this Section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date such decision is rendered by the City Council." SECTION 3: Section 9 of Ordinance NS -60, the Subdivision Ordinance is amended 1/21/85 -2- in its entirety to read as follows: "Section 9. Appeal and Review (a) Right to appeal. The subdivider or any interested person may appeal to the City Council any determination or decision of the advisory agency made pursuant to any provision of this ordinance by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (b) Time limit on notice of appeal. The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision by the advisory agency is rendered. (c) Schedule of hearing; notice. Upon the filing of the notice of appeal and payment of the appeal fee, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the subdivider if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall'be mailed or delivered to all persons shown on the latest available assessment roll as owning; any real property within five hundred feet of the real property that is the subject of the hearing. (d) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision of the advisory agency was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (e) Decision by City Council. Where the appeal has been filed by the subdivider, the Council shall render its decision within ten days after the conclusion of the hearing; where the appeal has been filed by an interested person, the Council shall render its decision within seven days after the conclusion of the hearing. The Council may affirm, reverse or modify the determination or decision of the advisory agency, and may refer the matter back to the advisory agency for such further action as may be directed by the Council. If the appeal relates to any matters covered by the provisions of Section 66473, 66473.5 or 66474 of the Government Code, the decision by the City Council shall include any findings as may be required by such sections. Where an appeal has been filed pertaining to only a portion of a determination or decision by the advisory agency, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. . (f) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision of the advisory agency or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the 1/21/85 -3- reasonableness, legality or validity of any condition attached thereto, shall be commenced and service of summons shall be effected within ninety days after the date of. such decision." SECTION 4: Article 24 of Ordinance NS -3, the Zoning. Ordinance, is amended in its entirety to read as follows: "Article 24. Appeals Sec. 24.1 Appeals from administrative decisions An appeal may be taken to the Planning Commission by the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the city pursuant to any of the provisions of this ordinance. Sec. 24.2 Appeals from decision of Planning Commission An appeal may be taken to the City Council by the applicant or any interested . person from the whole or any portion of a decision made by the Planning Commission pursuant to any of the provisions of this ordinance.. Sec. 24.3 Notice of appeal; filing fee All appeals under this Article shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. Sec. 24.4 Filing notice of appeal (a) The notice of an appeal to the Planning Commission shall be filed with the Secretary of the Planning Commission. (b) The notice of an appeal to the City Council shall be filed with the City Clerk. Sec. 24.5 Time limit on notice of appeal The appellant shall file the notice of appeal and pay the filing fee thereon within ten days after the date of the action from which the appeal has been taken. Sec. 24.6 Review by Planning Commission (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the Secretary of the Planning Commission shall schedule the matter for hearing at the next regular meeting of the Planning Commission to be held within thirty days after the date on which the notice of appeal is filed. The Secretary of the Planning Commission shall give notice of the date, tune and place of the 1/21/85 -4- hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given `� in accordance with Section 65091 of the Government Code, except that such notion shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (b) Conduct of hearing by Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the Planning Commission, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by Planning Commission. The Planning Commission may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the Planning Commission shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. Sec. 24.7 Review by City Council (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the City Clerk shall schedule the matter for hearing at the next regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. the City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice available assessment roll real property that is the to all persons shown on the latest y within five hundred feet of the (b) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. 1/21/85 -5- Sec. 24.8 Time limitation for judicial review Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision and service of summons shall be effected within one hundred twenty days after the date of such decision." SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saatoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption. ss$ss�e The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of , 1985, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK 1/21/85 -6- MAYOR PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD ALEXANDER J. TRAFICANTI ATIKYNSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney RE: Appeals Ordinance DATE: January 7, 1985 J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -1979) Certain minor modifications have been made to the appeals ordinance as introduced by the Council at your regular meeting on January 2, 1985. These changes are basically intended to eliminate some discrepancies in language between Sections 2, 3 and 4 of the ordinance. Except for distinctions required by state law, the language of the general appeal provisions in Chapter 2 of the City Code, the appeal provisions in the Subdivision Ordinance and the appeal provisions in the Zoning Ordinance should now be identical. The modifications are shown on your copy of the ordinance and consist of the following: 1. The word "interested" has been inserted in Section 2 -3.2 in order to clarify that a person other than the applicant who files an appeal must be "interested" in the subject matter of the decision from which the appeal is taken. This Section now reads the same as Section 9(a) of the Subdivision Ordinance and Sections 24.1 and 24.2 of the Zoning Ordinance. Councilmember Callon has correctly observed that the State Map Act extends the right of appeal only to the subdivider and certain other specified parties but not to "interested persons" in general. However, Section 66452.5(d) of the Government Code states: "Where local ordinance so provides, any interested person adversely affected by a decision of the advisory agency [i.e., the Saratoga Planning Commission] or appeal board may file a complaint with the governing body [i.e., the City Council] concerning any decision of the advisory agency or appeal board." The Saratoga Subdivision Ordinance has customarily provided for such a right of appeal by interested persons. The Council would be entitled under state law to incorporate the additional qualification that such interested persons must be "adversely affected by the decision ", if you feel the present language is too broad. The additional qualification was not included in the proposed ordinance on the assumption that it would be contrary to established Council policy. Moreover, the courts tend to adopt a rather liberal attitude in providing interested persons their right to be heard and to appeal from administrative decisions. In other words, if a person establishes he is "interested" in the application, it is relatively easy to establish that he is "adversely affected" by the decision. Memorandum to Saratoga City Council January 7, 1985 Page Two As distinguished from the State Map Act, the state law pertaining to zoning does not contain any specific provisions concerning appeals. Section 65903 of the Government Code simply states that procedures for appeals shall be as provided by local ordinance. 2. Additional language has been added in Sections 2 -3.2 and 9(a) to conform with the wording in Section 24.3. All of the sections now state that the applicant must file a notice of appeal "clearly identifying the determinations or decision from which the appeal is taken and stating the grounds for the appeal." 3. The State Map Act requires that a hearing on the appeal must be conducted within 30 days after the date of filing the notice of appeal. Government Code Section 66452.5. However, the state law does not prescribe a minimum period of time which must elapse between, the filing of the notice and the conduct of the hearing. I have therefore revised Section 2- 3.2(d), Section 9(c), Section 24.6(a) and Section 24.7(a) to eliminate the requirement for the passage of a certain number of days before a hearing on the appeal can be scheduled. All of the sections now provide that the hearing must be scheduled within 30 days after the date of filing the notice of appeal. During your meeting on January 2, 1985, Councilmember Clevenger raised the question as to why Section 9(e) required a decision by the Council to be rendered within 10 days in the case of an appeal under the Subdivision Ordinance by the subdivider, whereas in the case of an appeal by an interested person the decision must be rendered in 7 days. These time limits are expressly mandated in Section 66452.5, paragraphs (a) and (d) of the Government Code. This time limitation applies only to appeals under the Subdivision Ordinance and is not required with respect to the general appeal provisions in Chapter 2 of the City Code or appeals under the Zoning Ordinance. _ '1 =OLD S. TOPPEV ' Saratoga City Attorney HST /ns . �1, ORDINANCE NO. AN ORDINANCE OF TBE CITY OF SARA`I'OG/.A AMIENDING IN CHAPTER, 2 OF THE CITY CODE, SECTION 3 OF THE SUBDIVISION ORDINANCE, AND AR'T'ICLE 24 OF THE', ZONING ORDINANCE, RELA`11NG TO THE EFFECTIVE DATE OF ADMINISTRATIVE DECISIONS AND APPEALS THE CITY COUNCIL OF THE CITY OF SA.RATOGA DOEU ORDAIN AS FOLLOWS: SECTION is Section 2 -3.1, entitled "Effective date of adinfilistra.Li.ve decisions," is hereby added to Article 1, Chapter 2 of the City Code, to read as follows:. "See. 2 -3.I Effective date of administrative decisions All administrative determinations or decisions. under this Code shall become effective and final upon expiration of the applicable appeal period set forth in this Code, provided no notice of appeal has been filed within such time. In.. the event a. notice of appeal is filed within said appeal period, then the following rules shall apply: (a) If the appeal is to the Planning Commission, the decision of the Planning Commission shall becorne effective and final upon expiration of the applicable period for appeal to the City Council, provided no notice of appeal has been filed within- such time. If at any time prior to the rendering of a decision by the Planning Commission the appeal is withdrawn, the administrative determination or decision shall, at that time, become effective and final. (b) If the .appeal is to the City Council, the decision of the City Council shall become effective and final on the date such decision is rendered. The. City Council. may thereafter record such decision by adoption of a resolution describing the nature of the appeal, the decision rendered by the Council thereon and the findings or grounds for the decision as articulated by the Councilmembers at the time the decision was made, but such action shall not extend the effective date of the decision provided herein nor shall such action extend the statute of limitations applicable to the decision. If at any time prior to the rendering of a decision by the City Council the appeal is withdrawn, the determination or decision from which the appeal has been taken shall, at that time, become effective and final." SECTION 2: Section 2 -35.2, entitled "Appeals." is hereby added to Article I, Chapter 2 of the City Code, to read as follows: "See. 2-3.2 Appeals (a) Right to appeal. Lxcept where an appeals procedure is otherwise �- specifically set forth in this Code, any interested person objecting to the whole or any portion of an administrative determination or decision made by an official of the city or by the Planning Commission, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the 1/2/85 -1- provisions of this Code, may appeal to the City Council by filing with the City Clerk notice of appeal clearly identif ;,in the determination or decision from which the �ev�Sek appeal is taken and statin� the grounds for the appeal. 'file notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (b) No appeal from ministerial acts. No right of appeal to the City Council shall exist when the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Code. (c) Time limit on notice of appeal. . The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision is rendered. (d) Schedule of hearing; notice. Upon the filing of the notiee of appeal, and payment of the appeal fee, the City Clerk shall schedule the matter for hearing at.. tile B`ev160 next available regular meeting of the City Council to be held^within thirty days after k 1 65 the date on which the notice of appeal is filed. The City Clerk shall give notice of the it date, time and place of the hearing to the appellant, and to the applicant: if other than xo.��5 the appellant, not less than five days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. (e) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (f) Decision by City Council. The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. Where. an appeal has been filed pertaining to only a portion of a determination or decision, the City Council shall have the authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal. has been taken therefrom. (g) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision by the City Council on an appeal taken pursuant to this Section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date such decision is rendered by the City Council." SECTION 3: Section 9 of Ordinance NS -60, the Subdivision Ordinance is amended in its entirety to read as follows: 1/2/85 _Z_ "Section 9. Appeal and Review (a) right to appeal. The subdivider or any interested person may appeal't.o tile City Council any determination or decision of the advisory agency made pursuant to any provision of this ordinance by filing with the City Mork a notice of appeal elenrly e J1SE identify in , _the deterw, ii�itio;l cr decisicrl from which the appeal is i tken and sUAill Rthe Grounds for the aopeal. The notice of appeal shall be accompanied by the payment of a filing, fee in such amount as established from time to time by resolution of the City Council. (b) Time limit on notice of appeal. The appellant shall. file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision by the advisory agency is rendered. (c) Schedule of hearing; notice. Upon the filing of the notice of appeal and payment of the appeal fee, the City Clerk shall schedule the rnata:er for hearing at the �ejek next available regular meeting of the City Council to be held ithirAA hirt.v days after the date on which the notice of appeal is filed. The City Cleric shall (jive notice of the date, time and place of the hearing to the appellant., and to the subdivider if other 1"r Sys than the appellant, not less than five days prior to the hearing,: unless such notice has P-1 5 _/7been waived by the party entitled to receive the same. Notice of the hearing shall. also be published in accordance witb Section 66451.3 of the Government Code. D CND 10 (d) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision of the advisory agency was made in connection with a proceeding which required a public hearing; provided, however, that nothing; herein shall prevent: the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (e) Decision by City Council. Where the appeal has been filed by the subdivider, the Council. shall render its decision within ten days after the conclusion of the hearing; where the appeal has been filed by an interested person, the Council shall render its decision within seven days after the conclusion of the hearing. The Council may affirm, reverse or modify the determination or decision of the advisory agency, and may refer the matter back to the advisory agency for such further action as may be directed by the Council. If the appeal relates Yo any matters covered by the provisions of Section 66473, 66473.5 or 66474 of the Government Code, the decision by _ the City Council shall include any findings as may be required by such sections. Where an appeal has been filed pertaining to only a portion of a determination or decision by the advisory agency, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. (f) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision of the advisory agency or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations ta':en, done or made prior to such dccision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced and service of summons shall be effected within ninety days after the date Of such decision." SECTION 4: Article 24 of Ordinance NS -3, the Zoning; Ordinance, is amended in 1/2/35 -3- its entirety to read as follows: . "Article 24. Appeals Sec. 24.1 Appeals from administrative decisions An appeal may be taken to the Planning Commission b;�� the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the city pursuant to any of the provisions of this ordinance. Sec. 24.2 Appeals from decision of Planning Commission An appeal may be taken to the City Council by the applicant: or any interested person from the whole or any portion of a decision made by the Planning Commission pursuant to any of the provisions of this ordinance. Sec. 24.3 Notice of appeal; filing fee All appeals under this Article shall be made by filings a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. Sec. 24.4 Filing notice of appeal (a) The notice of an appeal to the Planning Commission shall be filed with the Secretary of the Planning Commission. (b) The notice of an appeal to the City Council shall be filed with the City Clerk. Sec. 24.5 Time limit on notice of appeal The appellant shall file the notice of appeal and pay the filing fee thereon within ten days after the date of the action from which the appeal has been taken. Sec. 24.6 Review by Planning Commission (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the Secretary of the Planning Commission shall schedule the 1 1g i6W matter for hearing at the next regular meeting of the Planning Commission to beheld Ve \C, -within thirty days after the date on which the notice of appeal is filed. The Secretary s�' of the Planning Commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not. less than aaiS five days prior to the herring, unless such notice is waived by the party entitled to receive the same. (b) Conduct of hearir:g by Planning Commission. The Planning Commission shall conduct a hearing do zovo on the appeal, but no public hearing shall be required 1/2/$5 unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the Planning Commission, in its.discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal.. (c) Decision by Plwfining Corp. mission. The Pla.nnin; Commission n�a,, affirm, reverse or ;nodify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Commission. i1° °here an appeal has been filed pertaining to only a portion of a determination or decision, the Planning Commission shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision not wi.thstandinr the fact that no appeal has been. taken therefrom. Sec. 24.7 Review by City Council (a) Schedule of hearin ; notice. Upon receipt of . the notice of appeal and �e\��6�`� payment of the filing fee, the City Clerk shall schedule the matter for hearing at the y lgSS next regular meeting of the City Council to be held within thirty days after the date ��v��` ►� on which the notice of appeal is filed. The City Clei s ia give notice of t.lie date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than five days prior to the hearing, unless such notice is waived by the party entitled to receive the same. (b) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent: the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire, matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. Sec. 24.8 Time limitation for judicial review Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations token, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision and service oi summons shall be effected within one hundred twenty days after the date of such decision." SECTION 4: If any section, subsection, sentence, clause - or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or 1/2/35 -5- �d unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saatoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SLCTION 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of , 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK 1/2/85 WIN r%,lA Y 4`75-1 P-4� ,-�i t F C CITY OF SARA`r�OGA :Lni_tial: Grw ?. F,TLL NO. Dept. lid.. 'aA'iE: OeceMber 7,; 1984 Atty. D:2ARI'�'Ii ENT: City Attorney C.. Mgr. 'UE.JECT: Amendment to Chapter 1 of the City .Code. - General definitions _______and rules of construction Issue Summary When the Planning Co.-Limission considered the proposed amendment to the appeals provision -of the Zoning Ordinance (Item V -A on the agenda) a request was made to clarify that the. term "day 'meant " caleand.a;r da.y" , This clarification had already been made in the redraft of the City Code. Instead of waiting until the new Code is com p'i -ted, the general d.efiniti;or,s. .set forth therein can be adopted at this time since they are applicable to the provisions of the. existing Code Fecomiendation Adoption of ordinance Fiscal Impacts Uone nz Exhibits /Attachments (a) :Memorandum from City Attorney to City Council dated 12/7/84 (b) Proposed ordinance (c) Chapter 1 in format as it will appear in new City Code Council Action 1/2: Introduced ordinance 5-0. 1/16: Adopted Ordinance 38.125, 4 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD JACK L. BRIDGE ALEXANDER A. TRAFICANTI ATmNSON • 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, Saratoga City Attorney RE: Amendment to Chapter 1 of the Saratoga City Code DATE: December 7, 1984 J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -1979) Attached is a proposed ordinance amending the definitions and rules of interpretation as presently set forth in Chapter 1 of the City Code. This Chapter was reorganized and renumbered sometime ago in connection with the overall republication of the City Code. In order to reduce the time required for review of the new code when completed, the City Attorney's office will be presenting to the Council various code amendments from time to time where the same can be adopted within the framework of our existing code. For your reference, submitted herewith is a copy of the revised code as reorganized and renumbered. The proposed ordinance is for adoption at this time of Article 1 -10 and 1 -15 as set forth in Chapter 1 of the new code. With respect to the definitions, the definitions now contained in the present code have not been substantially changed. We have made certain clarifications, for example, that the term "day" means calendar day. This meaning has always been ascribed to the word "day" as it appears in the City Code, and the meaning is important with respect to the time for the performance of certain acts as required under the code, such as the filing of an appeal from a decision of the Planning Commission. Some new definitions have been added to the code of words and phrases which appear throughout the code with great frequency. The new definitions consist of the following: Article Board of Supervisors Business Day Chapter City Hall Government Code Holiday Penal Code Planning Commission Section Memorandum to Saratoga City Council December 7, 1984 Page Two With respect to the rules of construction, Sections 1 -44, 1 -46(b) and 1 -48 all represent new additions to the code. All of the remaining rules of construction can be found in Sections 1 -2 and 1 -5 of the present code. As a final observation with respect to the format of the new code, I should advise the Council that a substantial portion of the code has now been reorganized, revised and retyped. We are now basically committed to a " -" between chapter and article numbers and any reconsideration or reversal of this decision will necessarily involve risk of great bodily harm to the City Attorney inflicted by his own secretarial staff. CHAPTER 1 GENERAL PROVISIONS INDEX Article 1-05 TITLE AND APPLICATION OF CITY CODE 1- 05.010 Title of Code 1- 05.020 . Restatements and continuations of existing ordinances 1- 05.030 Pending actions or proceedings; existing rights 1- 05.040 Effect of repeal of ordinances 1- 05.050 Severability 1 -10 DEFENIT 1- 10.005 1- 10.010 1- 10.020 1- 10.030 1- 10.040 1- 10.050 1- 10.060 1- 10.070 .1- 10.080 1- 10.090 1- 10.100 1- 10.110 1- 10.120 1- 10.130 1- 10.140 1- 10.150 1- 10.160 1- 10.170 1- 10.180 1- 10.190 1- 10.200 1- 10.210 1- 10.220 1- 10.230 1- 10.240 1'- 10.250 .1- 10.260 1- 10.270 1- 10.280 1- 10.290 1- 10.300 1- 10.310 IONS Application of definitions Article Board of Supervisors Business day Chapter City, city hall Code Council, City Council County Day Government Code Holiday In the city Month Oath Occupant Owner Penal Code Person Personal property Planning Commission Preceding, following Property Real property Section Shall, may Signed, signature State Tenant Week Writing Year 1 -15 RULES OF CONSTRUCTION 1- 15.005 Application of rules of Construction 1- 15.010 Headings in Code; effect Page 1 -1 1- 15.020 Code reference; inclusion of amendments 1- 15.030 Official time 1- 15.040 Computation of time 1- 15.050 Public officials;. references . 1- 15.060 Public officials; exercise of powers and duties by authorized representatives 1- 15.070 Joint authority; decision by majority 1- 15.080 Number 1- 15.090 Gender 1- 15.100 Tense Page 1 -2 General Provisions ARTICLE 1 -05 TITLE AND APPLICATION . OF CITY CODE Sections: 1- 05.010 Title of Code 1- 05.020 Restatements and continuations of existing ordinances 1- 05.030 Pending actions or proceedings; existing tights 1- 05.040 Effect of repeal of ordinances 1- 05.050 Severability S 1- 05.010 Title of Code §1- 05.010 The ordinances embraced in the following chapters and sections shall he known as the "Saratoga City. Code" and may be cited as such. 51- 05.020 Restatements and continuations of existing ordinances The provisions of this Code, insofar as they are substantially the same as ordinances existing on the effective date of this Code, shall. be construed as restatements and continuations thereof and not as new enactments. S1- 05.030 Pending actions or proceedings; existing rights No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by this Code, but all procedure thereafter taken therein shall conform to the provisions of this Code so far as possible. 51- 05.040 Effect of repeal of ordinances (a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. S 1- 05.050 Severability If any chapter, article, section, subsection, sentence, clause or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. It is hereby declared to be the intention of the City Council that each chapter, article, section, subsection, sentence, clause or phrase in this Code shall be severable. Page 1 -3 Sections, 1- 10.005 1- 10.010 1- 10.020 1- 10.030 1- 10.040 1- 10.050 1- 10.060 1- 10.070 1- 10.080 1- 10.090 1- 10.100 1- 10.110 1- 10.120 1- 10.130 1- 10.140 1- 10.150 1- 10.160 1- 10.170 1- 10.180 1- 10.190 1- 10.200 1- 10.210 1- 10.220 1- 10.230 1- 10.240 1- 10.250 1- 10.260 1- 10.270 1- 10.280 1- 10.290 1- 10.300 1- 10.310 General Provisions §1- 10.005 ARTICLE 1 -10 DEFINITIONS Application of definitions Article Board of Supervisors Business day Chapter City, city hall Code Council, City Council County Day Government Code Holiday In the city Month Oath Occupant Owner Penal Code Person Personal property Planning Commission Preceding, following Property Real property Section Shall, may Signed, signature State Tenant Week Writing Year §1- 10.005 Application of definitions The definitions set forth in this Article shall be applied throughout this Code, unless the context .or the provision clearly requires otherwise. §1- 10.010 Article "Article" means an article of the chapter in which the term occurs unless some other chapter is expressly mentioned. Page 1 -4 General Provisions §1- 10.020 S 1- 10.020. Board of Supervisors "Board of Supervisors" means the Board of Supervisors of the County of Santa Clara, California. S1- 10.030 Business day "Business day ". means any day other than a holiday. S 1- 10.040 Chapter "Chapter" means a chapter of this Code unless some other statute is expressly m entioned. Sj- 10.050 City, city hall (a) "City" or "this city" means the City of Saratoga. (b) "City Hall" means the offices of the City located at 13777 Pruitvale Avenue, Saratoga, California. S 1- 10.060 Code "Code" or "this Code" means the Saratoga City Code. S1- 10.070 Council, City Council "Council" or "City Council" means the City Council of the City of Saratoga. S 1- 10.080 County "County" means the County of Santa Clara, California. S 1- 10.090 Day "Day" means a calendar day consisting of the period of time between midnight and the midnight following. S1- 10.100 Government Code "Government Code" means the Government Code of the State of California. Page 1 -5 General Provisions §1- 10.110. §1710-110 Holiday "Holiday" means every Saturday, Sunday, and such other days on which the city offices are closed in observance thereof. §1- 10.120 In the city "In the city" means and includes all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers. §1- 10.130 Month "Month" means a calendar month. § 1- 10.140 Oath "Oath" includes an affirmation. §1- 10.150 Occupant "Occupant ", as applied to a building or land, means any person in actual or constructive possession of the whole or a part of such building or land, either alone or with others. §1- 10.160 Owner "Owner" means a person holding any ownership interest in property, and includes part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of such property or any portion thereof. §1- 10.170 Penal Code "Penal Code" means the Penal Code of the State of California. §1- 10.180 Person "Person" includes any person, firm, association, organization, partnership, trust, corporation or company.. §1- 10.190 Personal property "Personal property" includes every species of property, except real property as defined in this Article. Page 1 -6 General Provisions §1- 10.200 51- 10.200 Planning Commission "Planning . Commission" means the Planning Commission of the City of Saratoga. 51- 10.210 Preceding, following "Preceding" means next before and "following" means next after. 51- 10.220 Property "Property" includes every species of real and personal property. §1-10.230 Real property ' "Real property" inclues lands, tenements and hereditaments.. 51- 10.240 Section "Section" means a section of this Code, unless some other statute is expressly mentioned. 51- 10.250 Shall, may "Shall" is mandatory and "may" is permissive or discretionary. 51- 10.260. Signed, signature "Signed" or "signature" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. 51- 10.270 State "State" or "this state" means the State of California. 51- 10.280 Tenant "Tenant ", as applied to a building or land, means any occupant of such building or land, or any portion thereof, pursuant to a written or verbal lease, or a lease implied by law. Page 1 -7 General Provisions §1- 10.290 S1- 10.290 [Meek "Week" means seven consecutive days. S1- 10.300 Writing "Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in, the. English language, unless it is expressly provided otherwise. 51- 10.310 Year "Year ".means a calendar year, except where expressly provided otherwise. Page 1 -8 General Provisions §1- 15.005 ARTICLE 1 -15 S 1- 15.005 Application of rules of construction The general rules of construction set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise. S1- 15.010 headings in Code; effect Chapter, article and section headings are not part of and do not in any manner affect the scope, meaning or intent of the provisions of this Code. S1- 15.020 Code references; inclusion of amendments. Whenever reference is made to any portion of this Code or any State law, the reference applies to all amendments and additions thereto now or hereafter made. §1- 15.030 Official time Whenever certain hours are designated in this Code, they shall mean Pacific Standard Time or Pacific Daylight Savings Time, as may be in current use in the city. S1- 15.040 Computation of time (a) The time in which any act provided by this Code is to be done is computed by excluding the first day and including the last. (b) Whenever any act is required by this Code to be performed on a particular day which day falls upon a holiday, or within a specified period of time which ends on a holiday, the act may be performed on the next Page 1 -9 RULES OF CONSTRUCTION Sections: 1- 15.005 Application of rules of construction 1- 15.010 Headings in Code; effect 1- 15.020 Code reference; inclusion of amendments 1- 15.030 Official time 1- 15.040 Computation of time 1- 15.050 Public officials; references 1715.060 Public officials; exercise of powers and duties by authorized representatives 1- 15.070 Joint authority; decision by majority 1- 15.080 Number 1- 15.090 Gender 1- 15.100 Tense S 1- 15.005 Application of rules of construction The general rules of construction set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise. S1- 15.010 headings in Code; effect Chapter, article and section headings are not part of and do not in any manner affect the scope, meaning or intent of the provisions of this Code. S1- 15.020 Code references; inclusion of amendments. Whenever reference is made to any portion of this Code or any State law, the reference applies to all amendments and additions thereto now or hereafter made. §1- 15.030 Official time Whenever certain hours are designated in this Code, they shall mean Pacific Standard Time or Pacific Daylight Savings Time, as may be in current use in the city. S1- 15.040 Computation of time (a) The time in which any act provided by this Code is to be done is computed by excluding the first day and including the last. (b) Whenever any act is required by this Code to be performed on a particular day which day falls upon a holiday, or within a specified period of time which ends on a holiday, the act may be performed on the next Page 1 -9 General Provisions §1- 15.050 business day with the same effect as if it had been performed upon. the day appointed. S1- 15.050 Public officials; references All public officials, officers, boards, commissions, departments and employees to which reference is made in this Code are those of the city unless otherwise indicated. S1- 15.060 Public officials; exercise of powers and duties by authorized representatives Whenever a power is granted to, or a duty is imposed upon, an officer or employee of the city, the power may be exercised or the duty may be performed by a deputy or a duly authorized representative of such officer or employee, unless this Code expressly provides otherwise. 51- 15.070 . Joint authority; decision by majority Words giving a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons, unless the provision giving the authority expressly provides otherwise. S1- 15.080 Number The singular number includes the plural, and the plural the singular. S1- 15.090 Gender Words used in the masculine gender include the feminine and neuter. S1- 15.100 Tense The present tense includes the past and future tenses, and the future includes the present. Page 1 -10 CITY OF SARATOGA Initial: AGENDA BILL NO 76- D Dept. Hd. DATE: December 7, 1984 C. Atty. Wr DEPARTMENT: City Attorney C. Mgr. SUBJECT: Amendment to Early Warning Fire Reporting System ordinance Issue Summary The proposed amendment represents certain technical changes to the early warning fire alarm system ordinance as requested by the Saratoga Fire District, as described in the memorandum from Steven Baird submitted herewith. The amendment also adds to the list of licensed contractors who are authorized to install the early warning system. Chief nraule will be requested to attend the meeting to answer any questions the Council may have concerning the amendments. Recommendation Adoption of ordinance Fiscal Impacts None Exhibits /Attachments (a) r,Iemorandum from City Attorney to City Council dated 12/6/84 (b) Proposed ordinance Council Action 1/2: Introduced ordinance 5-0. 1/16: Adopted .Ordinance 38.126,. 5 -0. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD JACK L. BRIDGE ALEXANDER A. TRAFICANTI 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: STEVEN G. BAIRD, Deputy City Attorney J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -1979) RE: Ordinance Amending City Code Section 3 -9.8, the Early Warning Fire Reporting System DATE: December 6, 1984 On October 3, 1984, the City Council passed and adopted Ordinance No. 38.121 adopting the 1982 Uniform Building Code and amending it to include the early warning fire reporting system. Subsequent to the adoption of the ordinance, Chief Kraule of the Saratoga Fire District has become aware of technical standards in the ordinance which need further clarification. Therefore, an ordinance amending Section 3 -9.8 of the Saratoga City Code is proposed for introduction and adoption. In particular, the Section 3 -9.8 which was enacted on October 3, 1984, will be amended as follows: 1. Uniform Building Code Section 1210(a)(3)(A)(ii) will be amended to reflect that Zone 8 or 9 of the Digital Alarm Communicator Transmitter may send a test signal transmission, and that a new paragraph will be inserted permitting alternative configurations for several of the specified zones and the transmitter. 2. Uniform Building Code Section 1210(a)(3)(A)(vii) has been amended to delete the requirement that the Digital Alarm Communicator Transmitters shall comply with the provisions of Chapter 5 of the National Fire Protection Association Document 71. 3. Uniform Building Code Section 1210(c)(3) has been amended to add electrical licensees and specialty licensees as authorized installers of early warning fire reporting system equipment. 4. For the sake of conformity, all subparagraphs under Uniform Building Code Section 1210(c) have been relabeled, but the text of the relabeled sections remains the same. 1i • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA A.ME1.\TDING SECTION 3 -9.8 OF ARTICLE II OF CHAPTER 3 OF THE SARATOGA CITY CODE PERTAINING TO EARLY WARNING FIRE REPORTING SYSTEMS The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section 3 -9.8 of Article U of Chapter 3 of the Saratoga. City Code is hereby amended to read as follows: "3 -9.8. Section 1210 Amended. Section 121.0 of the Uniform Building Code 1982 Edition, is hereby amended to read as follows: Section 121.0(a)(1). Findings. Reference is hereby made to Sheets 96, 111, 125 and 126 of the Santa Clara. County Cadastral Planimetrics Maps, .showing and delineating thereon an area of the City which has been designated as a hazardous fire area, three copies of which Maps have been filed with the Clerk of the City for use and examination by the public, and which Maps are hereby specifically referred to and incorporated herein by reference. • Section 9.110 of the Fire Prevention Code of the City of Saratoga defines, inter alia, a "hazardous fire area" as "any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated, or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion...." The City Council of the City of Saratoga has found and determined that the area designated as a hazardous fire area on each of the foregoing sheets of the aforementioned Maps does. constitute a "hazardous fire area" within the aforementioned definition. The response time of emergency equipment to calls for aid in the hazardous fire area is impaired due to: (1) the non - availability of access to some portions of the hazardous fire area, (2) the existence of steep, narrow streets and roadways located in the hazardous fire area, (3) the lack of connecting streets or roadways in the hazardous fire area, and (4) the unusual topography of the hazardous fire area. Further, the presence of heavy vegetation in the hazardous fire area increases the potential for the rapid spread of any fire which may start in that area, particularly during seasonal dry spells. In order to provide timely life safety warning to inhabitants of residential structures located in the designated hazardous fire area, and to provide the earliest possible opportunity to alert fire suppression personnel of any potential fire condition in the hazardous fire area, it is necessary • for the City to amend Section 1210 of the Uniform Building Code, 1982 Edition, pertaining to fire warning and sprinkler systems. -1- ! (2) Fire Warning Systems. Every dwelling unit and every • guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43 -6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When alterations, repairs or additions requiring a. permit and having a valuation in excess of One Thousand Dollars ($1,000) occur, or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R; Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power, or in • buildings which undergo alterations, repairs or additions regulated by the second paragraph of this subsection. A smoke detector shall be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area. (3) Early Warning Fire Reporting System. In addition to the requirements contained in subsection (2) above, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each new dwelling upon which construction is commenced from and after the effective date of this ordinance in the hazardous fire area described, defined and delineated in subsection (1) above. Further, when an existing dwelling located in the described, defined and delineated hazardous fire area is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent (50 %) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition or expansion, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each such dwelling. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent (50 %) limit where the work of construction or improvement is done at different time intervals requiring two (2) or more building permits within a period of • five (5) years after completion of the first improvement, where although each is for a project emcompassing an addition of less than fifty percent (50 %) of increased floor space, but which when combined with other -2- • expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent. (50 %) or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions, or expansions. An Early Warning Fire Reporting System may be installed in any dwelling located within the city limits of the City of Saratoga other than within that hazardous fire area described, defined and delineated in subsection (1) above. Each Early Warning Fire Reporting System required or permitted to be installed pursuant to this section shall. include, contain, and incorporate the following components connected in such a manner as to be capable of automatically transmitting by standard telephone lines or such other means as may be designated and required from time to time by the Board of Fire Commissioners of the Saratoga Fire District:, designated alarm signals from any such installation to the Saratoga Fire District Digital Alarm Communicator Receiver: (A) A California State Fire Marshal listed and approved solid state electronic Digital Alarm Communicator Transmitter. A Digital Alarm Communicator Transmitter with provision for connection of supervised integrating zone circuits can be used alone, or any. Digital Alarm. Communicator Transmitter may be used in conjunction with a California State Fire Marshal listed and approved Fire Alarm Control Panel which meets the `• requirements of National Fire Protection Association Document: 72A or 74. If a Fire Alarm Control Panel is used, the connection between the Fire Alarm Control Panel and the Digital Alarm Communicator Transmitter shall. be through dry relay contacts on the Fire Alarm Control Panel, or other California State Fire Marshal listed configuration for the Digital Alarm Communicator Transmitter used. In addition, the Digital Alarm Communicator Transmitter and /or Fire Alarm Control. Panel used shall. incorporate the following features: (i) The Digital Alarm. Communicator Transmitter shall be capable of transmitting to the Saratoga Fire District one or more multiple digit numbers, as may be assigned by the Saratoga Fire District, via commercial telephone lines or such other means as may be designated and required, from time to time, by the Board of Commissioners of the Saratoga Fire District, and shall. communicate information in such a manner and of such content as to be compatible with such specifications as may be made and published by the Fire Chief of the Saratoga Fire District. (ii) The Digital Alarm Communicator Transmitter shall be capable of transmitting a separate and distinct code for each of the following conditions: Zone 1: Smoke detection zone in alarm • Zone 2: Heat detection zone in-alarm Zone 3: Manual station zone in alarm -3- Zone 4: Sprinkler zone in alarm Zone 5: :Medical emergency in alarm Zone 6: Digital Alarm Communicator Transmitter low battery indication Zone 7: Digital Alarm Communicator Transmitter and Fire Alarm Control Panel general trouble indication Zone 8 or 9: Digital Alarm Communicator Transmitter test signal transmission once every 24 hours. The functions designated for Zones 6, 7 and 8 or 9 above may be placed in that configuration or in an alternative configuration or form i compatible with the Saratoga Fire District Digital Alarm Communicator Receiver. If the Digital Alarm Communicator Transmitter and /or the Fire Alarm Control Panel incorporate Class "A" initiating zones, they shall be dedicated to fire alarm zones 1 through 4 above. (iii) The Digital Alarm Communicator Transmitter shall. be capable of" communicating an entire alarm signal transmission within thirty (30) seconds of the time at which the connection of the call is completed. (iv) The Digital Alarm Communicator Transmitter, and Fire Alarm Control Panel if used, shall contain an internal continuously charging battery, capable of powering the system for a period of at least twenty -four (24) hours in the standby mode, and five (5). minutes under alarm conditions. (v) Electrical supervision of the heat detection zone, manual station zone, and the smoke detection zone (and power to the smoke detectors) shall be provided by the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel. A single open or ground fault condition in one of these zones in the Digital Alarm Communicator Transmitter, or the Fire Alarm Control Panel, shall be indicated by a distinctive, audible trouble signal in the dwelling in which the system is installed. The Digital Alarm Communicator Transmitter shall also be capable of transmitting a trouble signal to the Saratoga Fire District Digital Alarm Communicator Receiver in the event of a single open or ground fault condition in one of the aforementioned zones in the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel. (vi) The Digital Alarm employed in the dwelling for transmittin g assuming line seizure priority over Communicator Transmitter employed for dwelling. The fire alarm Digital Alar connections to telephone lines shall be mad -4- Communicator Transmitter signals shall be capable of any other Digital Alarm other purposes in the same m Communicator Transmitter e ahead of those employed for i n i� • • �I e burglar alarm or other purposes, and shall electrically disconnect other Digital Alarm Communicator Transmitters while transmitting signals. (vii) All Digital Alarm Communicator Transmitters shall be capable of being programmed to send signals that are compatible with the Saratoga Fire District Digital Alarm Communicator Receiver. ts, (viii) The Digital Alarm Communicator Transmitter and the Fire Alarm Control Panel shall receive their primary power from the external electrical supply provided to the dwelling and shall be powered by a separate circuit that shall have its own circuit breaker switch. (B) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed automatic detectors, capable of responding to visible products of combustion, arranged to communicate with the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panels and installed in the following locations at points approved by the Fire Chief of the Saratoga Fire District in accordance with the standards contained in.. National. Fire Protection Association Document 72E -1982: W On the ceiling or wall at a point located in the corridors or areas giving access to rooms used for sleeping purposes. (ii) In each bedroom, located on the ceiling or wall of the room. :• (iii) On the ceiling or wall near the base of any stairway where sleeping rooms are on an upper level. (C) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed automatic detectors, of the combination fixed - temperature rate -of -rise type, arranged to communicate with the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel, and installed in the following locations at points approved by the Fire Chief of the Saratoga Fire District and in accordance with the standards contained in National Fire Protection Association Document 72E -1982: W All rooms in the dwelling, including furnace rooms, excepting those areas specified in subparagraph (B) above, and bathrooms. (ii) Attics. (iii) Garages. Exceptions to these standards may be permitted by the Fire Chief of the Saratoga Fire District. (D) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed audible warning devices of sufficient number and adequately located, pursuant to National Fire Protection Association • Document 74 -1984, within the dwelling living and sleeping areas so as to cause a level of audibility of not less than fifteen (15) decibels above ambient noise levels measured four (4) feet above the floor with bedroom doors closed. -5- a� (b) Sprinkler Systems. When required by other provisions of this Code, • automatic sprinkler systems and standpipes shall be installed as specified in Chapter 38 of The Uniform Building Code, 1982 Edition. Notwithstanding any other provisions of The Uniform Building Code, 1982 Edition, as amended, an automatic sprinkler system shall be installed in the garage and /or carport portion(s) of any new dwelling constructed in the hazardous fire area designated, described and delineated in subparagraph (a)(1) above when said garage and /or carport has a capacity to accommodate three (3) or more automobiles. Further, an automatic sprinkler system shall be installed in the garage and /or carport portion(s) of any existing dwelling located in the described, defined and delineated hazardous fire area, when such dwelling is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent (50 %) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition, or expansion when said garage and /or carport has a capacity to accommodate three (3) or more automobiles. For the purposes of this paragraph, any alteration, repair, addition, or expansion shall be considered as equalling or exceeding the above fifty percent (60%) limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five (5) years after completion of the first improvement, where although each is for a project emcompassing an addition of less than fifty percent (50 %) of increased floor space, but which when combined with other expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent (50 %) or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions, or expansions. • Moreover, an automatic sprinker system may be installed in lieu of the approved and listed automatic detector, the combined fixed temperature rate of rise and /or fixed temperature only type, as required in subparagraph (a)(3)(C) above, in those portions of the dwelling identified in subparagraph (a)(3)(C) above. The requirements of subparagraph (a)(3)(B) above must still be complied with regardless of the installation of an automatic sprinkler system. Any .automatic sprinkler systems installed pursuant to this section shall be installed in accordance with the standards contained in National Fire Protection Association Document 13D and shall be equipped with water flow switches that have a built -in retard assembly, which will send an alarm signal to the Digital Alarm Communicator transmitter or the Fire Alarm Control Panel when the sprinkler system is activated. (c) Early Warning Fire Reporting System -- Installation Permit Required. An installation permit shall be obtained from the Saratoga Fire District prior to the installation of any Early Warning Fire Reporting System required or permitted to be installed pursuant to this Section. Suitable documentation relative to the proposed installation shall be submitted to the Saratoga Fire District for approval at the time application is made for such a permit. This documentation shall include the following: (1) A complete list of all fire alarm equipment and devices to be installed, including: • (A) Manufacturer's make and model numbers; -6- �K • • (B) Quanities of each type; (C) California State Fire Marshal listing numbers; (D) Underwriters' Laboratory, Inc., spacing specifications for heat detectors; (E) Evidence . of control panel compatibility with connected smoke detectors. (2) Point to point wiring diagram or electrical sequence list for each zone in a form acceptable to the Saratoga Fire District. Details shall include: (A) Wiring sequence of each initiating zone, including wire size and the number of conductors; (B Wiring sequence of each audible circuit, including wire size and the number of conductors; (C) Identification of the types of initiating. devices used; (D) Temperature ratings indicated, when applicable; (E) Locations of Class "B" circuit end of line devices; (F) Locations of junction boxes, when installed. (3) If requested, copies of California State Fire Marshal listing data sheets, and any other documents deemed pertinent by the Fire Chief of the Saratoga Fire District. All such systems shall be installed by a person holding a valid fire protection engineering license, C -16 classification, issued by the California Department of Consumer Affairs, or a valid electrical license,`C -10_ classification, or av_ald specialty license, C -61 classification, issued by the California Contractors. State License Board. All such systems shall be installed in a workmanlike manner and in accordance with the specifications and standards approved by the Saratoga Fire District. Upon completion of the installation, the licensed installer shall instruct the homeowner, or his or her designated representative, in the use of the system and shall provide applicable manufacturer's operating manuals. The Saratoga Fire District shall be responsible for reviewing and approving or disapproving that portion of any and all building plans submitted to the City which are subject to this section. The Saratoga Fire District shall also be responsible for conducting the final inspection and approving or disapproving any system installed in a dwelling pursuant to this section. The Saratoga Fire District may establish a fee for the plan review and inspection services it renders pursuant to this section. The licensed installer shall provide the Saratoga Fire District with a set of as built plans for the system." 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 -7- 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 may 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 , 1385, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK ffa MAYOR • • CITY OF SARATOGA Initia AGENDA BILL N0. 7(pI Dept. Hd DATE: December 17, 1984 C.Att�_ DEPARTMENT: City Manager C. Mgr. SUBJECT: Prohibition of Sale or Dispensation of Alcoholic Beverages from Gasoline Stations Issue Summary An increasing number of gasoline and automobile service stations are adding the sale of food and beverages including beer and wine or other alcoholic beverages to the services provided to the drive -up customers. This practice has traditionally been discouraged in Saratoga through the issuance of zoning regula- tions. However, there are a number of gas stations operating within the City which are not presently regulated by use permits nor would the practice of selling specific items other than automotive - related products be prohibited through zoning code. This proposed ordinance would make it a misdemeanor for anyone to sell, serve or otherwise dispense any alcoholic beverage from or on the same site at which a gasoline station is being operated. The ordinance would be added to Chapter 10 of the Saratoga Municipal Code, Miscellaneous Offenses. Recommendation If the City Council wishes to prohibit gasoline stations in Saratoga from selling alcoholic beverages, and the ordinance meets with the Council's objectives, the ordinance is ready for introduction and subsequent adoption. Fiscal Impacts There are no significant fiscal impacts resulting from the ordinance. Loss of potential sales tax revenue by prohibiting the sale of taxable merchandise is considered negligible. There are a minimal number of gas stations in the City, and we do not anticipate that enforcement of the ordinance will be a major cost. Exhibits /Attachments 1. Draft ordinance 2. Memo from City Manager Council Action 1/2: Held public hearing; deferred introduction until next meeting for report on gas stations having use permits. 1/16: Referred to code review process. jwdl7 • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 10 OF THE CITY CODE BY ADDING SECTION 10- 25 TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES AT GAS STATIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10 -25, entitled "Sale of alcoholic beverages at gas stations prohibited" is hereby added to Chapter 10 of the City Code, to read as follows: "Sec. 10 -25. Sale of alcoholic beverages at gas stations prohibited. It shall be unlawful and a misdemeanor for any person to sell, serve or otherwise dispense any alcoholic beverage from or upon the same site at which a gasoline station is being operated." 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 or unconstitutional, such decision shall not affect the validity of the remaining portions • of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3. This Ordinance shall 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 , 1985, by the following vote: AYES: N OES: ABSENT: MAYOR • ATTEST: CIT Y CLERK WAI V~ OQ O CITY of = � ' ATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 December 17, 1984 Memorandum to City Council From: City Manager COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Laden Fanelli Joyce Hlava David Moyles Subject: Prohibition of Sale of Alcoholic Beverages at Gas Stations At a recent City Council work session, the Council requested the City Attorney's office to draft an ordinance that would regulate and prohibit the sale of alcoholic beverages at automobile service or gasoline stations within the City. The City Attorney's office has drafted the attached ordinance which determines it to be a misdemeanor for any person to sell, serve or otherwise dispense any alcoholic beverage from or upon the same site as a gas station. This ordinance would be added to Chapter 10 of the Saratoga Municipal Code, Miscellaneous Offenses. It would be enforceable by any law enforcement personnel or Community Service Officers. There are only five service stations within the City limits of Saratoga and a few of these already are closely regulated through issuance of use permits. This ordinance would be effective in those situations where existing service stations do not have a use permit. Because of the small number of locations that would be affected, neither the loss of potential sales tax revenue nor the cost of enforcement is expected to be significatant. J. V14yne V ernetz jwd17A Attachment r ugu'ff oa §&MZ1XQ)(5z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 1/8/85 FROM: Kathy Kerdus SUBJECT: Use Permits for Service Stations in Saratoga The following gas stations have Use Permits for their operation: UP -221 Mobil, Big Basin & Saratoga - Sunnyvale UP -522 Union 76, Prospect & Saratoga - Sunnyvale UP -550 Desert Petroleum, Saratoga & Bucknall The following gas stations do not have a Use Permit as far as Staff can determine: Standard /Chevron, Saratoga - Sunnyvale & Blauer Standard /Chevron, Saratoga -Los Gatos & Oak Street •f � 000�o • 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 1/8/85 FROM: Kathy Kerdu" 0 l,6lu__� SUBJECT: Use Permits for Service Stations in Saratoga The following gas stations have Use Permits for their operation: UP -221 Mobil, Big Basirr,& Saratoga - Sunnyvale UP -522 Union 76, Prospect & Saratoga - Sunnyvale UP -550 Desert Petroleum, Saratoga & Bucknall • The following gas stations do not have a Use Permit as^far as Staff can determine: Standard /Chevron, Saratoga - Sunnyvale & Blauer Standard /Chevron, Saratoga -Los Gatos & Oak Street n U CITY OF SARATOGA AGENDA BILL NO. 7(7- DATE: !1 <2 26%84 (1/2/85) DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: Approval to-Amend the CC &R's Regarding Fencing in the McBain & Gibbs Subdivision Issue Summary 1. The applicant wishes to amend the CC &R's in the McBain & Gibbs subdivision to allow by Planning Commission review (Variance Approval) the fencing of an area greater than 4,000 sq. ft. 2. The Planning Commission has reviewed the request and recommends approval. 3. The amendment to the CC & R's does not change the requirements in the zoning ordinance but allows a property owner to request variance approval to enclose an area of more than 4,000 sq. ft. ReconTnendation Staff recommends that the City Council adopt Resolution No. approving an amendment . -to the CC,& R's for the'McBa,i.n.& Gibbs Subdivision (Tract'6628). Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 2. Correspondence 3. Minutes dated 10/10/84 Council Action 1/2: Adopted Resolution 2203 5 -0. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN AMENDMENT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT # 6628 WHEREAS, the City has approved certain Covenants, Conditions and Restrictions for Tract # 6628 imposed upon all lots within said Tract; and WHEREAS, said Covenants, Conditions and Restrictions may not be amended without prior approval by the City; and WHEREAS, said Covenants, Conditions and Restrictions contained wording which restricted the amount of area that shall be enclosed by fencing; and WHEREAS, the developer of said tract and a property owner within said tract wish to amend the CC & R's to allow Planning Commission consideration of a variance for fencing that encloses an area greater than 4,000 square feet, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Saratoga: 1. The Amendment to Section 2.02(f) of the Covenants, Conditions, and Restrictions previously approved by the City of Saratoga in connection with Tract #6628 is hereby approved in the form of Exhibit "A" attached hereto and made a part hereof. 2. The applicant shall submit to the City an endorsed copy of" the amendment to the CC & R's after the same has been recorded. I hereby certify the foregoing to be true, full and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of 1985, by the following vote of the members thereof: AYES: NOES: ABSENT: ATTEST: DEPUTY CITY CLERK MAYOR EXHIBIT A DF CLARATIO;a OF AMENDi'fLNT OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT 6628 WHEREAS, on June 10, 1981, a Declaration of Covenants, Conditions and Restrictions was recorded in the County of Santa Clara, State of California, bearing document number 7031744; WTHLR,AS, an Amended Declaration of Covenants, Conditions and Restrictions and Reservations of Easement for Tract 6628 was filed on March 4, 1933, in the County of Santa Clara, State of California, bearing document number 7614109; and V- 711EREAS , the Tract 6623 desires tion of Covenants, in order to comply ing Department and walls and hedges; declarant to amend Conditio with the obtain a that owns 11 of the 15 lots in a provision of the subject Declara- rns and Restrictions for Tract 6628 directions of the Saratoga Plann- variance with reference to fences, NOW, TELRLFORE, the majority of the owners of all the pro- perty in Tract 6628, that being McBain & Gibbs, Inc., a California corporation, amend the Declaration of Covenants, Conditions and Restrictions and Reservation of Lasement for Tract 6628 at paragraph 2.02(f) to read as follows: "Fences, hedges and walls must be approved by the CoIilmittee.. and must be constructed or planted pur- suant.to the City's NIiR Zoning District Regulations. All such structures or plantings shall be located so as not to enclose or encompass an area in excess of four thousand (4,000) square feet without approval of the Coruaittee.and variance approval granted by the City." IN WITUL;SS V7KhRLOF, the undersigned, being an authorized corporate officer, does execute this amendment on Dec. 20 1984 , at Campbell, California. MCDAIN &,GIBBS, INC., By R EEP.T` A. McLA I11 Secretary State of California ) County of Santa Clara ) On .�_e_c_.mbar 2Q , 1984, before me, the undersigned Notary Public, duly corruiiissi_oneu and sworn, personally appearedO_L_R1 Ii1 personally known to me or proved to me on the basis of satisfactory evi- dence, to be the person whose name is subscribed to the within instru- ment and acknowledged to me that he executed the same. IN WITNESS WhERLOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara on the date set forth above. cc�coc c�c�,�cc�cx�c�c�cc�cocca �cc�cocot OFFICIAL SEAT; TERESA L. HODSON NOTARY PUBLIC • CALIFORNIA SANTA CLARA COUNTY My Commission Expires Jan. 3, 1986 �cx� c�cc��t� c�c�cx�cc�cc�cc� �cc�cc�cx:,; 1Cyi1�I?Y FUBLIC , S �'1�TL OF C?�LIF RIII�1 -2- November 13, 1984 Ms. Lucille Hise City of Saratoga Planning COM1riiSSiOn 1377 Fruitdale Avenue Saratoga, CA 95070 RE: Anthony Thomas /21401 Tollgate Road Tear Lucille: Since my letter to you of October 30, 1984, I have had an opportunity to discuss the subject matter with Mr. Toppel with reference to insertion of certain wording at paragraph 4 of the Specific Conditions -- Planning Department on the McBain & Gibbs project. Since the only words that would appear necessary to clear the way for the first hurdle would be "or by variance approval" would you please submit the following change of Specific Conditions number 4 to Mr. Toppel: "Fences, walls and hedges are allowed only by City of Saratoga's HC -RD zoning district regula- tions=- "proximate to the principal structure and in no event to enclose or emcompass an area in excess of 4,000 square feet or by an approved variance." Would you please submit this language to Mr. Toppel and if satisfactory to him further submit the same to staff study and if approved to City Council as soon as possible. Con - currently, enclosed please find the following: 1. A proposed fence line that does not enclose the entire property with a fence height elevation rendering. RecZIVED NOV LAW OFFICES 14 1984 COMMUNin, pEVELOPMENT AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS- ROGER L. MAINO• PRUNEYARI) TOWERS ONE, SUITE 1050 JON P. HARWARD• 1901 SOUTH BASCOM AVENUE LAWRENCE 'T. SUTTON' CAMPBELL, CALIFORNIA 95008 TERRELL S. ROOT (408) 371 -3333 ROBERT W. KRAFT November 13, 1984 Ms. Lucille Hise City of Saratoga Planning COM1riiSSiOn 1377 Fruitdale Avenue Saratoga, CA 95070 RE: Anthony Thomas /21401 Tollgate Road Tear Lucille: Since my letter to you of October 30, 1984, I have had an opportunity to discuss the subject matter with Mr. Toppel with reference to insertion of certain wording at paragraph 4 of the Specific Conditions -- Planning Department on the McBain & Gibbs project. Since the only words that would appear necessary to clear the way for the first hurdle would be "or by variance approval" would you please submit the following change of Specific Conditions number 4 to Mr. Toppel: "Fences, walls and hedges are allowed only by City of Saratoga's HC -RD zoning district regula- tions=- "proximate to the principal structure and in no event to enclose or emcompass an area in excess of 4,000 square feet or by an approved variance." Would you please submit this language to Mr. Toppel and if satisfactory to him further submit the same to staff study and if approved to City Council as soon as possible. Con - currently, enclosed please find the following: 1. A proposed fence line that does not enclose the entire property with a fence height elevation rendering. Ms. Lucille Hise November 13, 1934 Page 2 2. An actual photograph of the property on which the pro- posed fence line along the street has been sketched to show the relationship of a 5' high open wrought iron fence. 3. A partial listing of the consent to the enclosure and fence construction by six of the nine property owners who see the Thomas property and consent of the other three has been contmited and when their consent in. writing is obtained will be submitted as an addendum. In conclusion, the aesthetics of the area will not only be main- tained but enhanced; safety of the occupants and their children as well as enclosure of their pets insured; unanimous signed approved by all property owners who will view the Thomas' pro- perty. If any additional information is required, please advise as much before the November_ 28 hearing date as is possible. Very truly, ROGER L. MAINO RLM :th Enclosures cc: Anthony Thomas Harold Toppel, Esq. Dictated but not read. We. the homeowners on BougaA nvilna Court; are asking the Planning Commision that a variance be made regarding the Thomas case that the wrought iron fence should be placed all along Tollgate Rd at 5 feet of heightv instead of enclosing only the swimming pool area. Mr MM"IFOA i9 -� . . . . . . . . . . . . . . --- oz. I r -jr IA MOW WE- 4"—fv, 5. .......... Planning Commission Page 5 Meeting Minutes 10 /10 /8C V -662 (cont.) Commissioner McGoldrick suggested putting a wooden lath or fence -like structure on the neighbor's side of that wall and the landscaping, leaving the wall. Mr. Stowers indicated that they would be willing to build a 6 ft. fence on the property line. Staff suggested that, if the Commission feels this is a viable - solution, the applicant should discuss this with the adjacent property owner. They explained that perhaps putting a 6 ft. fence up there may remove the neighbor's view out towards the creek. There was a consensus to continue this matter to a study session on October 16, 1984 and the regular meeting of October.24, 1984. Chairman Siegfried commented that Mr. Stowers should work with the next -door neighbors and submit thoughts at the study session. It was determined that the individual Commissioners will make an on -site visit. MTSCF.T.T.ANF.n1TS VIP 11. Anthony Thomas, 21401 Tollgate, Tract 6628, Consideration of Amendment of CC&Rs regarding fencing Staff explained the request. They indicated that if in fact the Commission recommends to the City Council that such a condition be modified it will trigger a variance to the zoning to allow for the fencing of the entire perimeter of this property. They commented that they find that that is inconsistent with the zoning in this area and would recommend that the Commission not move to recommend to the Council that the CC&Rs be changed. Commissioner Crowther stated that he agrees with Staff in this matter. Com- missioner Burger gave a Land Use Committee report, describing the lot. She commented that it was a tremendous lot to cover with fencing. Mr. Thomas, the applicant, introduced his representative, Katherine Pereira. She stated that it had been intended that the area be left as open as possible, and a lot of the homes there have open fences and do enclose a large part of their property. She summarized a letter from Roger Mane, attorney for the developers, which stated that it was never the developers' intent that Mr. Thomas would not have the privilege of erecting an open fence to enclose ani- mals and establish safety precautions for small children. It indicated that the developers, McBain F, Gibbs, are instituting steps to correct the CC&Rs on this tract so that the 4,000 sq. ft. enclosed fence restriction applies only to solid fences and not open fences. Ms. Pereira explained the proposal for fencing.and submitted a site plan. The City Attorney stated that the Commission should keep in mind the distinc- tion between the City -zoned ordinances and the CC&Rs. He explained that the CC&Rs are the private restrictions applicable to the entire subdivision which have been approved by the City and can only be modified or amended with the consent of the City. He indicated that this request seems to be an amendment to the CC&Rs, which are for the benefit not only of the City, but all other occupants of the subdivision. He stated that the 4,000 sq. ft. restriction t is a requirement that is in the Zoning Ordinance, and the requirement was put in the CC&Rs at the City's insistence; it was a condition of the subdivision approval. Bob McBain, the developer, commented that when they originally brought this subdivision to the City there was some discussion about open fencing as opposed to closed fencing. He noted that many of the lots have a chain link fence. lie explained that when those issues were brought up it was solid fencing that they were trying to keep from emcompassing the area, and he believes the word "solid" got omitted in the CC&Rs. Discussion followed on solid vs. open fenc- ing. The City Attorney commented that the ordinance per se does not make a distinc- tion between solid vs. masonry, etc. Therefore, assuming that the City con- sents to an amendment of the CC&Rs, the applicant would still need a variance, and the fact that it is an open fence as opposed to a closed fence might have a bearing on the Commission's inclination to allow more of an area to be enclosed. Commissioner Crowther expressed concern regarding setting a precedent for all. the hillsides. Commissioner Harris commented that there are a lot of chain link fences around the homes that back up to Mr. Thomas' property. However, they are in the back yards and the topography is such that the fences are - 5 - ..-Planning Commission Page 6 Meeting Minutes 10/10/8, Tract 6628 (cont.) out of view, as opposed to having black wrought iron across the front of the property. Commissioner Siegfried stated that there may be some reason that it would be appropriate for Mr. Thomas to want to enclose 6,000 or 8,000 sq. ft., and if it didn't impact anyone he might not have a problem with that. However, he would have to look at that on its individual merits, rather than the philosophy that the Commission is just going to allow people to enclose the whole two acres. The City Attorney clarified that if the applicant files the variance application, and if it is approved for something more than 4,000 sq. ft., it would still be necessary to amend the CC&,Rs because all other owners of lots within that subdivision would have the right to object, even if the City gave its approval. Chairman Siegfried stated that he does not hear any consensus that the Commis- sion is willing to say that people should be able to put up perimeter fencing around the entire site as a general rule. There may be some possibility of something less than that, depending upon the particular needs and its impact. He noted to the applicant that they have the first hurdle of getting everybody who owns property affected by the CC$Rs to agree. Commissioner Peterson stated that if the applicant amends the CC&,Rs, then he would be willing to look at some kind of a proposal along the lines that Chairman Siegfried men- tioned. Staff pointed out that the applicant needs the City's approval to amend them. They suggested that the Commission tonight add the words "or as approved by variance "; the applicant can then go ahead with the variance and talk to the property owners. Commissioner McGoldrick commented that she understands the security problem, and she also is not opposed to enclosing an orchard on the property with a different fence than that for security, or enclosing a dog area somewhere else; however, she opposes one huge constant fence. Mr. McBain stated that they would like to limit it to not allow a lot of solid fencing, therefore, they would like to keep the 4,000 sq. ft. enclosure of a solid fence restriction in the CC&,Rs. However, in the future they would like to discuss the issue of open fencing, particularly when it is decorative. There was a consensus to recommend to the Council to change the CC&Rs to add "or as approved by variance ", so there could be additional fencing if the Com- mission were willing to approve a variance. 12. Consideration of Amendment to City Code Regarding Public Dancing and Public Dance Halls The City Attorney explained that this matter will go to the City Council and they will conduct a public hearing at that time. He commented that the obser- vation had been made that under the ordinance dance halls would be permitted only in the C -C and C -V zones, but it did not mention the Community Center. He stated that if there is a dance given there where tickets are sold, then perhaps the Community Center ought to be included. He indicated that this amendment is basically directed at a commercial operation. The City Attorney explained the procedure for noticing of the event for which a permit is ob- tained. He clarified that the amendment does not change any business activity which may now be conducted by any establishment selling food or drink; it is dancing conducted in connection with the other business that would bring this ordinance into play. Discussion followed on law enforcement calls, and Com- missioner Crowther suggested that there be some way of making organizations responsible for the cost of the calls. He added that he feels this should be in the ordinance. The City Attorney stated that he feels this point should perhaps be considered in a broader perspective in connection with other viola- tions, rather than zoning in specifically on this type of activity. It was the consensus of the Commission that this amendment should move forward. 13. Consideration of Neighborhood Watch Signs Format The program was explained by Staff, who indicated that they are interpreting these signs to be that of a public interest sign, and as such would not put them under design review. Discussion followed on the signs. - 6 - CITY OF SARATCGA AGENDA BILL NO. -7b 3 DATE: December 27, 1984 Initial: f Dept. Hd. C. Atty. DEPARTMENT: Community Services C. Mgr. SUBJECT: APPROVAL OF SCHOOL CROSSING GUARD CONTRACTS Issue Summary In the past, the City of Saratoga has shared with each school agency the responsibility of operating a school crossing guard program. Last year, West Valley Community College acted as a third -party administrator of the program in exchange for a 25% administrative surcharge. This year, West Valley Community College announced they would no longer administer the crossing guard program, and the City has taken it over on an emergency basis to ensure the safety of the students attending the schools. Pursuant to Council's direction, staff has been working on a cost- sharing plan with the school agencies, which has resulted in the drafting of the three attached contracts. Recommendation It is recommended that Council approve the attached contracts and authorize the City Manager to sign them in the City's behalf. Fiscal Impacts Approval of all three contracts would result in a $12,508 income to the City. Exhibits /Attachments 1. Agreement between the City and 2. Agreement between the City and 3. Agreement between the City and Council Action the Sacred Heart Catholic Church. the Saratoga Union School District. the Campbell Union School District. 1/2: Approved 5 -0 ( Com<munity Services Director has original signed copies in his file). /v A A• _W' CITY of = ' ATOGA REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Purpose DATE: COUNCIL MEETING: Approval of School Crossing Guard Contracts 12/27/84 1/02/85 Final Council approval of three school crossing guard contracts is requested. The contracts are between the City and three school agencies; all of which have students benefiting from the crossing guard program. The contracts outline administrative and cost - sharing responsibilities between the City and each of the school agencies. Analysis Each of the three (3) contracts addresses the administrative and financial responsibilities associated with the provision of a school crossing guard program during fiscal year 1984 -85. Each of the contracts terminates automatically on June 30, 1985; consistent with Council direction. In the past, the City of Saratoga has shared with each school agency the responsibility of operating a school crossing guard program. Last year, West Valley Community College acted as a third -party administrator of the program in exchange for a 25% administrative surcharge. This year, West Valley Community College announced they would no longer administer the crossing guard program, and the City has taken it over on an emergency basis to ensure the safety of the students attending the schools. In the agreements between the City and both the Saratoga Union School District and the Sacred Heart School, the City provides support services (such as training and supervision) and supplies (such as uniforms and signs) while the schools are responsible for the salaries of the cross- ing guards. The agreement between the City and the Campbell Union School District has the City responsible for all aspects of the crossing guard program, with the school district making a single lump sum payment to the City which covers both actual and administrative costs for the program. Report to Mayor and City Council Page 2 A summary of the financial aspects of the school crossing guard program follows: City $11,583 48% Sacred Heart $1,401 ( 6 %) Saratoga Union 7,357 (300) Campbell Union 3,750 (160) School Subtotal 12,508 52% TOTAL $24,091 Conclusion Approval of the attached public agencies to share with operating a school Saratoga for the current include an authorization in behalf of the City. contract proposals will allow the appropriate in the financial responsibilities associated grossing guard program within the City of fiscal year. Approval of the agreement should for the City Manager to sign the agreements Todd W. Arg Community Services Director jm NOV 3 0 1984 AGREEMENT SCHOOL CROSSING GUARDS The parties involved in this agreement are the City of Saratoga, hereinafter referred to as CITY, and hereinafter referred to as SCHOOL. I. PURPOSE: The purpose of this agreement is to define funding and administrative responsibilities for the school crossing guard program in the City of Saratoga. II. FUNDING: Each SCHOOL shall pay the school crossing guards, who are involved in crossing students attending schools in their district (as referenced in Exhibit A to this Agreement), directly. Any worker's compensation benefits will also be paid by the SCHOOL. The CITY will be responsible for all costs of uniforms and equipment, periodic supervision, training materials, and program administration costs not associated with school crossing guard salaries as referenced in Exhibit B to this Agreement. School crossing guards will be paid by the CITY for their attendance at monthly training sessions at the same rate as they are paid by the SCHOOL for crossing students. III. TERM: The term of this agreement shall be from September 1, 1984, until June 30, 1985. IV. EMPLOYEES: Each school crossing guard will be an employee of the SCHOOL according to the school crosswalk where the school crossing guard is assigned. They will be paid by the SCHOOL, as temporary part time employees of the SCHOOL, at a rate of $4.90 per hour. There will be a minimum of two hours pay for each day in which the school crossing guard works both assigned morning and afternoon shifts. School crossing guards working one shift (morning or afternoon) will be paid only for the actual--time worked. V. LIABILITY: The SCHOOL shall assume liability for the school crossing guards. If there is a cost to obtain additional insurance, it shall be paid by the SCHOOL. VI. SCOPE OF COVERAGE: School crossing guards will be deployed at the crosswalk locations listed in Exhibit A. The hours of coverage will be determined by the affected schools, subject to a minimum of two hours per day school is in session. Changes in the location of guarded crosswalks shall be by mutual agreement between the involved SCHOOL and the CITY. I ' 1 VII. RESPONSIBILITIES OF THE CITY OF SARATOGA: The CITY shall have the responsibility for recruiting and hiring school crossing guards; providing sufficient orientation and on -going training; periodically supervising the school crossing guards to ensure that the services are being rendered in a satisfactory manner; and investigating reports of violations of law by motorists and students. These services shall be provided by the CITY's Community Service Officers. VIII: TERMINATION: This agreement terminates on June 30, 1985. IX. EVALUATION: Concerns regarding the performance of an individual employee acting as a school crossing guard shall be directed to the CITY'S Community Service Officers. Concerns regarding the program in general shall be directed to the CITY'S Community Services Director. Any of the parties involved may call a joint meeting to review the program and express concerns related to the implementation and administration of the school crossing guard program. If additional crossing guards are requested, the involved SCHOOL and the CITY shall make any changes necessary and consistent with all other parts of this agreement. AGREED TO: �i �✓/ �.G Signature Date Name and Title Representing D B Ely Y� signature(-) Date Wayne Dernetz, City Manager Name and Title City of Saratoga Representing 2 9 AGREEMENT SCHOOL CROSSING GUARDS The parties involved in this agreement are the City of Saratoga, hereinafter referred to as CITY, and Saratoga Union School District hereinafter referred to as SCHOOL. I. PURPOSE: The purpose of this agreement is to define funding and administrative responsibilities for the school crossing guard program in the City of Saratoga. II. FUNDING: Each SCHOOL shall pay the school crossing guards, who are involved in crossing students attending schools in their district (as referenced in Exhibit A to this Agreement), directly. Any worker's compensation benefits will also be paid by the SCHOOL. The CITY will be responsible for all costs of uniforms and equipment, periodic supervision, training materials, and program administration costs not associated with school crossing guard salaries as referenced in Exhibit B to -this Agreement. School crossing guards will be paid by the CITY for their attendance at monthly training sessions at the same rate as they are paid by the SCHOOL for crossing students. III. TERM: The term of this agreement shall be from September 1, 1984, until June 30, 1985. IV. EMPLOYEES: Each school crossing guard will be an employee of the SCHOOL according to the school crosswalk where the school crossing guard is assigned. They will be paid by the SCHOOL, as temporary part time employees of the SCHOOL, at a rate of $4.90 per hour. There will be a minimum of two hours pay for each day in which the school crossing guard works both assigned morning and afternoon shifts. School crossing guards working one shift (morning or afternoon) will be paid only for the actual time worked. V. LIABILITY: The SCHOOL shall assume liability for the school crossing guards. If there is a cost to obtain additional insurance, it shall be paid by the SCHOOL. VI. SCOPE OF COVERAGE: School crossing guards will be deployed at the crosswalk locations listed in Exhibit A. The hours of coverage will be determined by the affected schools, subject to a minimum of two hours per day school is in session. Changes in the location of guarded crosswalks shall be by mutual agreement between the involved SCHOOL and the CITY. VII. RESPONSIBILITIES OF THE CITY OF SARATOGA: The CITY shall have the responsibility for recruiting and hiring school crossing guards; providing sufficient orientation and on -going training; periodically supervising the school crossing guards to ensure that the services are being rendered in a satisfactory manner; and investigating reports of violations of law by motorists and students. These services shall be provided by the CITY's Community Service Officers. VIII: TERMINATION: This agreement terminates on June 30, 1985. IX. EVALUATION: Concerns regarding the performance of an individual employee acting as a school crossing guard shall be directed to the CITY'S Community Service Officers. Concerns regarding the program in general shall be directed to the CITY'S Community Services Director. Any of the parties involved may call a joint meeting to review the program and express concerns related to the implementation and administration of the school crossing guard program. If additional crossing guards are requested, the involved SCHOOL and the CITY shall make any changes necessary.and consistent with all other parts of this agreement. AGREED jl� i By: Signature' Date E. G. McNicholas, Superintendent Name and Title Saratoga Union School District Representing AN By: ignature Date Wayne Dernetz, City Manager Name and Title City of Saratoga Representing 2 AGREEMENT SCHOOL CROSSING GUARDS The parties involved in the contract are as follows: City of Saratoga (City) and Campbell Union School District (School). I. PURPOSE The purpose of this agreement is to define funding and administrative responsibilities and provide services for the School Crossing Guard Program benefiting students attending the Campbell Union School District schools in the City of Saratoga. II. FUNDING The School shall provide $3,750 in the 1984 -85 fiscal year to the City for the purpose of funding its share of this program. III. TERMS The term of this agreement shall be from September 1, 1984, through June 30, 1985. IV. EMPLOYPRq The school crossing guards shall be the employees of the City hired on a temporary basis. The school crossing guards shall be paid $4.90 /hour. The City shall be responsible for Worker's Compensation benefits. V. LIABILITY The City shall assume liability for the employees hired. If there is a cost to obtaining additional insurance, it shall be charged as a direct expense'to the program. VI. SCOPE OF COVERAGE The funds and services provided by the City and School under Article II of this agreement shall provide crossing guard services at the locations and times indicated on Exhibit A. Modification to the locations other than those outlined on Exhibit A shall be by mutual agreement of the parties involved; specifically, the City and the School. Any proposed modification to Exhibit A shall be agreed upon at least thirty (30) days prior to implementation unless this is waived by the City. VII. RESPONSIBILITIES OF THE CITY The City shall have the responsibility for (a) hiring school crossing guards; (b) providing sufficient orientation and training; (c) providing supplies and equipment as appropriate; and (d) supervising the program to ensure that the services are being rendered in a satisfactory manner. VIII. TERMINATION This agreement terminates on June 30, 1985. IX. EVALUATION Concerns regarding the performance of an individual employee acting as a school crossing guard or evaluation of the program in general shall be addressed to the City's Community Services Director who will be administering the program. Any of the parties involved may call a joint meeting to review the program and express concerns related to the implementation and administration of the program. X. COSTS The City shall have the responsibility for paying the salaries of the individual employees and authorizing the appropriate supply and equipment expenditures for the program. AGREED TO: M Signature Name and Title Representing A By: U a Signature 0 J. Mayne Dernetz, City Manager Name and Title City of Saratoga Representing Date Date `r EXHIBIT I A SUMMARY OF COSTS SCHOOL CROSSING GUARD PROGRAM FY 1984 -85 SCHOOL RESPONSIBILITIES School District Crossing Location Saratoga Union School Dist. Saratoga Av /Scotland Dr Fruitvale Av near Allendale A Cox Av/Darien Way Reid /Lynn +Reid /Sar- Sunny'le Saratoga -Los Gatos Rd /Oak Campbell Union School Dist. Quito Rd /Ravenwood Av Quito Rd /Allendale Av Sacred Heart Saratoga Av/Rossmere Av Estimated No. of Hours School Involved Needed Redwood Jr.High /Argonaut Elem. 2 Av Redwood Junior High 2 Argonaut Elem. 2 Foothill Elem. 2 Saratoga Elem. 2.5 Marshall Lane Elem. 2 Marshall Lane Elem. 2 Sacred Heart School 2 10.5 4 2 Estimated Salary Costs Saratoga Union School Dist. 10.5 hours x $4.90/hour x 143 school days = $ 7,357.35 Campbell Union School Dist. 4 hours x $4.90/hour x 143 school days = 2,802.80 Sacred Heart School 2 hours x $4.90/hour x 143 school days = 1,401.40 $11,561.55 Amount paid by School Districts during 83/84 School Year Saratoga Union School District: $8,050 Campbell Union School District: $3,665 Sacred Heart $1,750 Y EXHIBIT B SUMMARY OF COSTS SCHOOL CROSSING GUARD PROGRAM FY 1984 -85 CITY RESPONSIBILITIES ACTUAL & ESTIMATED COSTS 8/27/84 - 10/31/84 CSD time expenditures (10 hours @ $21.63) $ 216.30 CSO time expenditures (45 hours @ $20.14) 906.30 School Crossing Guard salaries 8/30/84 - 10/5/84 (actual) 1,572.90 School Crossing Guard salaries 10/8/84 - 10/31/84 (estimated) 1,323.00 ESTIMATED MAXIMUM COSTS FOR 143 REMAINING SCHOOL DAYS CSD time 40 hours @ $21.63 (supervision) CSO time 190.5 hours @ $20.14 Monitoring SCG performance 3 hours /week for 28 weeks Administrative support 3 hours /week for 28 weeks Monthly SCG training sessions of 2.5 hours (9 sessions) SCG uniforms, equipment and supplies 11 SCGs (8 regulars & 3 alternates @ $150) SCG salaries for training sessions $4.90 x 2.5 x 9 sessions x 11 SCGs 84 hours 84 hours 22.5 hours 865.20 3,836.67 1,650.00 1,212.75 $ 4,018.50 7,564.62 TOTAL COST TO CITY: $11,583.12