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Home My WebLink About04-01-2009 City Council Agenda AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL APRIL 1, 2009 SPECIAL MEETING –6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 6:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 27, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council f or up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COMMUNICATIONS None ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF Direction to Staff regarding actions on current Oral Communications. CALL JOINT MEETING TO ORDER – 6:00 P.M. 1. Joint Meeting with Saratoga Library Commission and Friends of the Library Recommended Action: Informational only. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on March 27, 2009, City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 27th day of March 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, April 1, 2009 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 27, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Honoring “The Week of the Young Child” – April 19 - 25, 2009 Recommended action: Present commendation. 2. Appointment of one Library Commissioner and two Parks and Recreation Commissioners Recommended action: Adopt the attached resolution appointing one (1) member to the Library Commission and two (2) members to the Parks and Recreation Commission and direct the City 1 Clerk to administer the Oaths of Office. 3. Appointment of Three Planning Commissioners and Oaths of Office Recommended action: Adopt the attached resolution appointing three (3) members to the Planning Commission and direct the City Clerk to administer the Oaths of Office. SPECIAL PRESENTATIONS 4. Presentation by Patrick Kwok, Santa Clara Valley Water District Board Member Recommended action: Accept presentation by Patrick Kwok, Santa Clara Valley Water District Board Member and Rachel Gibson, staff of Santa Clara Valley Water District 5. Presentation by representative of San Jose Water Company Recommended action: Accept presentation by representative of San Jose Water Co. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 6. City Council Minutes – March 18, 2009 Recommended action: Approve minutes. 7. Minutes – March 10, 2009 Housing Element Study Session Recommended action: Approve minutes. 8. Treasurer’s Report for the Month Ended February 28, 2009 Recommended action: The City Council review and accept the Treasurer’s Report for the month ended February 28, 2009. 9. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: March 12, 2009 March 19, 2009 10. 2009 Pavement Management Program and 1B Project – Award of Construction Contract. Recommended action: 1. Move to declare C.F. Archibald Paving, Inc. of Redwood City to be the lowest responsible bidder on the project. 2 2. Move to award a construction contract to C.F. Archibald Paving, Inc. in the amount of $788,539.35 3. Approve additional work to contract in the amount of $134,000.00. 4. Move to authorize staff to execute change orders to the contract up to $77,460. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 11. Appeal of Design Review Application No. PDR08-0034: 14966 Sobey Road, which was approved by the Planning Commission, to construct a new 5,754 square foot two- story home and 1,724 square foot basement. Recommended action: Deny the appeal, thus affirming the Planning Commission Design Review approval issued on January 28, 2009. 12. An Ordinance Amending the City of Saratoga Municipal Code to Include a Compilation of Existing Local Laws that Promote Sustainability through the Reduction of Greenhouse Gas Emissions Recommended action: Adopt the attached ordinance: 1. Introduce and waive the first reading of the attached ordinance after opening the public hearing, accepting public testimony, and closing the hearing. 2. Direct staff to place the second reading and adoption of the ordinance on the agenda for the next regular Council Meeting. 13. Proposed Fee Schedule Update for FY 2009/10 Recommended action: Hold public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City’s Fee Schedule effective for Fiscal Year 2009/10. 1. Introduce and waive the first reading of the attached ordinance after opening the public hearing, accepting public testimony, and closing the hearing. 2. Direct staff to place the second reading and adoption of the ordinance on the agenda for the next regular Council Meeting. 14. Proposed ordinance (1) modifying a State map identifying the areas in the City considered to be very high fire hazard severity zones and adopting it as the City's Wildland-Urban Interface Fire Area Map; (2) updating sections of the City’s Municipal Code which reference the City’s current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire Area Map; and (3) adopting revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code specifying enforcement procedures for violations of that article. 3 Recommended action: (1) Open the public hearing and consider all testimony received; (2) Introduce and waive the first reading of the attached ordinance; and (3) Direct staff to place the ordinance on the consent calendar for adoption at the April 15, 2009 City Council meeting. 1. Introduce and waive the first reading of the attached ordinance after opening the public hearing, accepting public testimony, and closing the hearing. 2. Direct staff to place the second reading and adoption of the ordinance on the agenda for the next regular Council Meeting. OLD BUSINESS 15. Review incentives related to Conditional Use Permits to encourage new businesses in the City Recommended action: Direct Staff Accordingly. 16. Community Garage Sale Recommended action: Accept report and provide staff with direction on the budget for the community garage sale this year and in future years. NEW BUSINESS 17. Village Streetscape Improvements – Review of Conceptual Design Recommended action: 1. Receive report and provide direction to staff regarding the Village Streetscape Conceptual Design Plans prepared by Gates and Associates. 2. Approve Amendment to the Professional Services Contract with Gates and Associates in the amount of $13,800 for increased scope of work. 3. Determine news rack design option ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association Council Finance Committee Council Finance Standing Committee City School Ad-Hoc Vice Mayor Kathleen King Hakone Foundation Board West Valley Flood Control Zone & Watershed Advisory Committee SSC Cities Association Executive Board SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) 4 City School Ad-Hoc Councilmember Jill Hunter Historical Foundation Library Joint Powers Association Santa Clara County Valley Water District Commission Village AdHoc Councilmember Howard Miller Chamber of Commerce KSAR Santa Clara County Emergency Council West Valley Solid Waste Joint Powers Association Council Finance Standing Committee Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee SASCC Sister City Liaison Village AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on March 27, 2009, for the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us 5 Signed this 27th day of March 27th at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 4/15 Regular Meeting – Joint Meeting with Youth Commission 5/6 Regular Meeting – Joint Meeting with Mt. Winery 5/20 Regular Meeting – Joint Meeting with Montalvo Arts 6/3 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/17 Regular Meeting – Joint Meeting with HOA Presidents 7/1 Regular Meeting – 7/15 Regular Meeting – Joint Meeting with SASCC 8/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association 8/19 SUMMER RECESS – NO COUNCIL MEETING 9/2 Regular Meeting – Joint Meeting with Hakone Foundation 9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission 10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Comm. 11/4 Regular Meeting – Saratoga Village Development Council 11/18 Regular Meeting - 12/1 Council Reorganization 12/2 Regular Meeting - 12/16 Regular Meeting - 6 1 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Honoring “The Week of the Young Child” – April 19 - 25, 2009 RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes the “Week of the Young Child” during the week of April 19 – 25, 2009. The National Association for the Education of Young Children, along with the City of Saratoga and other local organizations are working together to improve early learning opportunities for the growth and development of young children and to building better futures for everyone in the City of Saratoga. Staff members from the Children’s section of the Saratoga Library will be present to receive the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. 7 2 ATTACHMENTS: Proclamation honoring “The Week of the Young Child” – April 19 - 25, 2009. 8 CITY OF SARATOGA PROCLAMATION DECLARING APRIL 19 – 25, 2009 “THE WEEK OF THE YOUNG CHILD” WHEREAS, the City of Saratoga and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child, April 19 – 25, 2009; and WHEREAS, these organizations are working to improve early learning opportunities, which are crucial to the growth and development of young children, and to building better futures for everyone in the City of Saratoga; and WHEREAS, in recognizing and supporting the people, programs and policies, a commitment is made to high-quality early childhood education as the right choice for kids. NOW THEREFORE BE IT RESOLVED, the City of Saratoga does hereby proclaim and recognize the week of April 19 – 25, 2009 as “THE WEEK OF THE YOUNG CHILD IN SARATOGA, CALIFORNIA” and encourages all citizens to work to make a good investment in early childhood in Saratoga, California. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of April 2009. ______________________ Chuck Page, Mayor C i t y o f S a r a t o g a 9 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Appointment of Library and Parks and Recreation Commissioners and Oaths of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one (1) member to the Library Commission and two (2) members to the Parks and Recreation Commission and direct the City Clerk to administer the Oaths of Office. REPORT SUMMARY: Interviews were conducted on March 18, 2009 to fill one Library Commission vacancy and two Parks and Recreation Commission vacancies. As a result of the Commission Term Realignment Ordinance that was adopted by Council on March 4, 2009, the terms for these three reappointed commissioners have been staggered. The attached resolution reappoints Helen Lemmon to the Library Commission. The term for Helen Lemmon, a 3 year, 6 month term, begins April 1, 2009 and expires October 1, 2012. The resolution also reappoints Vita Bruno and Tom Soukup to the Parks and Recreation Commission. The terms for these two commissioners are also staggered and are 4 years and 6 month terms beginning April 1, 2009 and expire October 1, 2013. Upon direction from the City Council the Oath of Office will be administered by the City Clerk and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Library or Parks and Recreation Commissions. ALTERNATIVE ACTION: 10 N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution of Appointment Attachment B – Oath of Office 11 RESOLUTION 09 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE LIBRARY COMMISSION AND TWO MEMBERS TO THE PARKS AND RECREATION COMMISSION WHEREAS, three vacancies were created on the Library Commission resulting from the expired terms of Helen Lemmon, Alice Chiou, and Roxanne Nilan ; and WHEREAS, two vacancies were created on the Parks and Recreation Commission resulting from the expired terms of Vita Bruno and Thomas Soukup; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill one vacancy on the Library Commission and two vacancies on the Parks and Recreation Commission. WHEREAS, City Council conducted interviews on March 18, 2009 and reappointed one member to the Library Commission to fill one of three vacancies on this commission and two members to the Parks and Recreation Commission to fill two vacancies on this commission. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made to the Library and Parks and Recreation Commissions: LIBRARY COMMISSION HELEN LEMMON – APRIL 1, 2009 TO OCTOBER 1, 2012 PARKS AND RECREATION COMMISSION VITA BRUNO – APRIL 1, 2009 TO OCTOBER 1, 2013 THOMAS SOUKUP – APRIL 1, 2009 TO OCTOBER 1, 2013 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of April 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 12 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Helen Lemmon, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ Helen Lemmon, Member Library Commission Subscribed and sworn to before me on This 1st day of April 2009. __________________________ Ann Sullivan, CMC City Clerk 13 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Vita Bruno, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ Vita Bruno, Member Parks and Recreation Commission 14 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Thomas Soukup, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ Thomas Soukup, Member Parks and Recreation Commission Subscribed and sworn to before me on This 1st day of April 2009. __________________________ Ann Sullivan, CMC City Clerk 15 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Appointment of Three Planning Commissioners and Oaths of Office RECOMMENDED ACTION: Adopt the attached resolution appointing three (3) members to the Planning Commission and direct the City Clerk to administer the Oaths of Office. REPORT SUMMARY: Interviews were conducted on March 18 and March 31, 2009 to fill three Planning Commission vacancies. As a result of the Commission Term Realignment Ordinance that was adopted by Council on March 4, 2009, the term for one of the three appointed commissioners has been staggered. The attached resolution reflects one position with a three-year staggered term beginning April 1, 2009 and expiring April 1, 2012. The remaining two positions will have regular four-year terms beginning April 1, 2009 and ending April 1, 2013. Upon direction from the City Council the Oath of Office will be administered by the City Clerk and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to the Planning Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: 16 Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution of Appointments Attachment B – Oath of Office RESOLUTION 09 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING THREE MEMBERS TO THE PLANNING COMMISSION 17 WHEREAS, three vacancies were created on the Planning Commission resulting from the expired terms of Manny Cappello, Rishi Kumar and Robert Kundtz ; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill three vacancies on the Planning Commission. WHEREAS, City Council conducted interviews on March 18, and March 31, 2009 and appointed three members to the Planning Commission to fill three vacancies on this commission. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made to the Planning Commission: PLANNING COMMISSION COMMISSIONER – APRIL 1, 2009 TO APRIL 1, 2012 COMMISSIONER – APRIL 1, 2009 TO APRIL 1, 2013 COMMISSIONER – APRIL 1, 2009 TO APRIL 1, 2013 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of April 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk STATE OF CALIFORNIA 18 COUNTY OF SANTA CLARA I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ M e m b e r Planning Commission Subscribed and sworn to before me on This 1st day of April 2009. __________________________ Ann Sullivan, CMC City Clerk STATE OF CALIFORNIA 19 COUNTY OF SANTA CLARA I , , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ M e m b e r Planning Commission Subscribed and sworn to before me on This 1st day of April 2009. __________________________ Ann Sullivan, CMC City Clerk STATE OF CALIFORNIA 20 COUNTY OF SANTA CLARA I , , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. __________________________ M e m b e r Planning Commission Subscribed and sworn to before me on This 1st day of April 2009. __________________________ Ann Sullivan, CMC City Clerk 21 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SUBJECT: Presentation by Patrick Kwok, Santa Clara Valley Water District Board Member RECOMMENDED ACTION: Accept presentation by Patrick Kwok, Santa Clara Valley Water District Board Member and Rachel Gibson, staff of Santa Clara Valley Water District REPORT SUMMARY: Mr. Kwok will present a report on the need for water conservation. On March 24, 2009, the Santa Clara Valley Water Board voted to call for mandatory water rationing of 15 percent this summer. The district has no enforcement powers for the water rationing and is asking the district’s 13 retail suppliers, such as San Jose Water Co., to set up new pricing rules that charge customers a premium if they use more than a set amount of water. The district will also ask every city in Santa Clara County to approve an ordinance that would ban lawn watering during daytime hours, require nozzles on garden hoses and limit watering to odd-even days, with fines for violators. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Direction to staff ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time ATTACHMENTS: N/A Page 1 of 1 22 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SUBJECT: Presentation by representative of San Jose Water Co. RECOMMENDED ACTION: Accept presentation by representative of San Jose Water Co. REPORT SUMMARY: The representative of the San Jose Water Co. will present a report on the need for water conservation. On March 24, 2009, the Santa Clara Valley Water Board voted to call for mandatory water rationing of 15 percent this summer. The district has no enforcement powers for the water rationing and is asking the district’s 13 retail suppliers, such as San Jose Water Co., to set up new pricing rules that charge customers a premium if they use more than a set amount of water. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Direction to staff ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time ATTACHMENTS: N/A Page 1 of 1 23 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – March 18, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the March 18, 2009 City Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from March 18, 2009 – City Council meeting. 24 MINUTES SARATOGA CITY COUNCIL MARCH 18, 2009 Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Cherbone, Public Works Director John Livingstone, Community Development Director Cindy McCormick, Assistant Planner Crystal Morrow, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code 54954.2, the agenda for the meeting of March 18, 2009 was properly posted on March 13, 2009. ORAL COMMUNICATIONS Citizen Ray expressed appreciation for the Highway 9 project; noted dead pines on Mendelsohn; dead pines at Brookwood and Highway 9, and a dead pine hanging over crosswalk at Vista Verde. DIRECTION TO STAFF Councilmember Miller asked staff to look into the dead pine issue if the pines are on city property. Councilmember Hunter noted the pines aren’t on city property and the property owners are conscientious about removing dead pines. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Mayor Page reported Council met in a Joint meeting with Liz Kniss, President of the Santa Clara County Board of Supervisors, prior to the Regular meeting. He noted they discussed various issues, including the State of the Economy and budget and updates on 25 2 several County related items. Mayor Page and Council Members expressed their appreciation to Ms. Kniss and the County for the recent approval of a fourth Sheriff’s Detective to serve the City of Saratoga. In addition, he noted the West Valley Substation has the highest crime-related closure rate of all the substations served by the Santa Clara County Sheriff’s Department and commended Ms. Kniss for the excellent deputies employed by the Sheriff’s Department. DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Hunter announced: o The Historical Foundation Museum will feature another John Brown event this Sunday and invited people to attend; the next show is about the Civil War. o KSAR displaying pictures daily of children who were at the St Paddy’s Day party. The pictures will be displayed at 7:30, 11:30 and 4:30 through March 29th. o Wine and Wisteria at Hakone Gardens on April 19th – tickets are available. Mayor Page announced several vacancies on Library, Planning and Youth Commissions. He noted one of the vacancies on the Library Commission must be filled by a Monte Sereno resident and invited people to consider serving as a volunteer on one of these commissions. CEREMONIAL ITEMS 1. COMMENDATION HONORING LIZ KNISS – PRESIDENT OF SANTA CLARA COUNTY BOARD OF SUPERVISORS STAFF RECOMMENDATION: Present commendation. Mayor Page noted the commendation was presented to Liz Kniss at the Joint Meeting earlier in the evening. 2. PROCLAMATION DECLARING THE MONTH OF MARCH 2009 AS “COLON CANCER AWARENESS MONTH” AND DECLARING THE CITY OF SARATOGA AS A “COLON CANCER FREE ZONE” STAFF RECOMMENDATION: Present proclamation. Jim Smaha and Syd Faulkner were present to receive the proclamations. 3. DISASTER SERVICE WORKER WEEK PROCLAMATION STAFF RECOMMENDATION: Present proclamation. Ray and Betty Froess and Shamvi Setlur (CERT volunteers) were present to receive the proclamation. 26 3 SPECIAL PRESENTATIONS 4. PRESENTATION BY JAMIE MCLEOD, CHAIR, SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION COMMISSION, ON ISSUES RELATED TO SINGLE USE, CARRYOUT BAGS STAFF RECOMMENDATION: Accept presentation by Jamie McLeod, Chair, Santa Clara County Recycling and Waste Reduction Commission (SCRWRC), and City of Santa Clara Council member. Jamie McLeod provided a presentation regarding the negative impact single-use bags have on the environment, which include: polluting streams, destruction of wildlife, and depletion of environmental resources. Ms. McLeod asked Council to consider a regional approach by working with other cities and the County to collectively find a workable solution to a universal concern. She concluded by stating the Recycling and Waste Reduction Commission (RWRC) of Santa Clara County proposes a “Three- Phased Approach”; 1) Education, outreach, recycling and enforcement; 2) Being developed (behavioral change, small fee; 3) Ban or fee. Council thanked Ms. McLeod for her presentation. 5. PRESENTATION BY MANNY DIAZ, CONSULTANT FOR THE AMERICAN CHEMISTRY COUNCIL, ON ISSUES RELATED TO SINGLE USE, CARRYOUT BAGS STAFF RECOMMENDATION: Accept presentation by Manny Diaz, Consultant for the American Chemistry Council. Mr. Diaz reported that plastic bag litter represents less than one-half of one percent of all the litter on the streets and in waterways. He noted many stores have already implemented recycling bins in their stores and noted that even though the City of San Francisco implemented a ban on single-use plastic bags, the amount of plastic bag litter did not decrease. Mr. Diaz also noted the American Chemistry Council is supportive of educating people about the importance of recycling. Vice Mayor King asked Mr. Diaz if he would provide the Council with articles indicating that the use of plastic bags increased after the City of San Francisco implemented a ban on single-use plastic bags. Mr. Dias noted he would. Council thanked Mr. Diaz for his presentation. 6. CALIFORNIA STORMWATER QUALITY ASSOCIATION (CASQA) PRESENTATION OF AWARDS STAFF RECOMMENDATION: Listen to a short presentation from Kelly Carroll, Manager of West Valley Clean Water Program and receive awards. 27 4 Kelly Carroll, Manager of West Valley Clean Water Program, provided a short presentation on CASQA and presented the City with two awards. One award was for the “Trash Toolbox” – a program that addresses litter which can end up in our local creeks and ultimately into the Pacific Ocean. The second award was for the “Green Gardener” program. This program provides training for gardeners on how to implement landscaping practices which reduce harmful runoff into our water systems. Mayor Page accepted the awards on behalf of the City. CONSENT CALENDAR 7. CITY COUNCIL MINUTES - MARCH 4, 2009 STAFF RECOMMENDATION: Approve minutes. Mayor Page removed Item 7 to make a small correction to the minutes. KING/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES – MARCH 4, 2009 AS AMENDED. MOTION PASSED 5-0-0. 8. CUP STUDY SESSION MINUTES - MARCH 3, 2009 STAFF RECOMMENDATION: Approve minutes. KING/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES – MARCH 3, 2009. MOTION PASSED 5-0-0. 9. CITY COUNCIL MINUTES – MAY 3, 2006 STAFF RECOMMENDATION: Approve minutes. KING/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES – MAY 3, 2006. MOTION PASSED 5-0-0. 10. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: February 26, 2009 March 05, 2009 KING/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: FEBRUARY 26, 2009 AND MARCH 05, 2009. MOTION PASSED 5-0-0. 11. AMENDMENT TO DELTA MICROIMAGING CONTRACT STAFF RECOMMENDATION: 28 5 Accept report and approve amendment to the existing contract with Delta MicroImaging and authorize the City Manager to execute the contract amendment. KING/HUNTER MOVED TO APPROVE AMENDMENT TO THE EXISTING CONTRACT WITH DELTA MICROIMAGING AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT. MOTION PASSED 5-0-0. PUBLIC HEARINGS 12. PUBLIC HEARING ON RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION (WEEDS) STAFF RECOMMENDATION: Open public hearing; listen to public testimony; and close public hearing. Consider any objections to proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt proposed Resolution Ordering Abatement (Attachment A) as to properties listed (with modification(s) if any objections are sustained. City Clerk Ann Sullivan presented the staff report. In addition, she noted that the Clerk’s Office had received a significant number of telephone calls and visitors from property owners that were on the abatement list voicing concerns about the letter sent by the City and the implication that they were required to attend this evening’s public hearing regarding the weed abatement issue. Moe Kumre, representative from the County Agriculture Department was present to address any questions Council may have. Vice Mayor King had questions regarding a required third notice and asked when that would be mailed to affected property owners. Moe Kumre explained that the third notice had just gone out in the mail the day before the Council meeting. Councilmember Miller asked the City Clerk if there was a specific issue or concern voiced by the property owners when they contacted the Clerk’s office. The City Clerk responded that the majority of the calls and visitors stated that the letter from the City created confusion and that they felt they were obligated to be present at this evening’s public hearing. Vice Mayor King noted that it has always been a practice for the past five years to send three notices to property owners that were on the abatement list and asked if this was the first year that one of the three notices came from the City and previously all three notices came from the County. Mr. Kumre responded to Councilmember King’s question noting that the change to the program this year (which also includes the fee for inspections if the property fails 29 6 the inspection after the April 15th deadline to abate) did remove one notice from the County. Therefore, an additional notice was required (the second notification) which was sent by the City. The third notice was mailed by the County yesterday – for a total of three notices that the City requires. He noted the next notice, which is the 15-day courtesy notice that is sent to non- compliant property owners after the April 15th deadline to abate, states the property owner has 15 days to abate or the County will do the abatement for them. Property owners that receive this notice will incur a $298.00 inspection fee. If they abate within the 15 day requirement or by the agreed-upon abatement date they will not incur any additional fees. However, if they don’t abate by the agreed-upon date, they will be charged all abatement costs for the County to come in and abate their property, plus a 150% administrative fee. Mr. Kumre noted Council could streamline the notification process by having just three abatement notices mailed from the County to affected property owners. Mayor Page opened the public hearing. The following people requested to speak: Charles Heger asked to be removed from the list and suggested having until July 15th as the deadline to abate hazardous vegetation. He also noted the letter from the City was a little harsh. Mr. Kumre apologized for the harsh tone of the letter, but stated that the wording is legally required by law. Charles Luke stated he didn’t feel he should be on the list and requested to be removed from the list. Mr. Luke also noted the letter from the City could be toned down. Bruce Shafer noted he received two letters from the County indicating two different deadline dates – April 1st and April 15, the letter from the City indicating April 15th deadline, and a letter from Fire Commissioner Gene Zambetti indicating June 1st as the deadline to abate. He noted this is confusing and the program needs to be refined. He also stated the letter from the City was a little harsh and that the assessment fees are quite excessive. Mayor Page clarified that the fees are established by the County, not the City and invited Mr. Kumre to respond to Mr. Shafer’s concerns regarding the inspection dates and the fees. Mr. Kumre stated the fees are charged only if a property is not in compliance after the April 15th deadline inspection. He also noted that he has arranged to meet with Mr. Shafer at his home to determine the appropriate time for the inspection after April 15th. He also noted that he is aware of the fact that hillside properties take longer to dry out after rains before they can be abated. In addition, he stated he will be working with Mr. Heger regarding his property abatement schedule. 30 7 Mr. Kumre also stated there will be no charges to property owners if they are in compliance by the agreed upon inspection date. If those properties are still non- compliant after the agreed upon inspection date, they will be accessed charges. Councilmember Hunter asked for clarification regarding the different abatement dates on the notices sent from the County. Mr. Kumre explained that the properties in the unincorporated area of the County have an April 1st deadline to abate and apologized for that notice being sent to a property owner in Saratoga. He reiterated that no property in Saratoga would be inspected prior to April 15th. Mr. Kumre also noted that the abatement date could change depending on the type of weather for that winter; if it is an exceptionally dry year the abatement deadline could be much earlier and a much later date if it was a very wet year. Mr. Kumre addressed the concern regarding the letter from Saratoga Fire Commissioner Gene Zambetti and stated he does not know the abatement criteria for the Saratoga Fire. Greg Green asked to be removed from the list and stated the April 15 deadline date is too early to abate. Minold (no speaker slip) stated the April 15th deadline is too early. He suggested the notices reflect the fact that the abatement deadline may change based on the amount of rain that year. Kwan (no speaker slip) stated he has been on the abatement list for the past several years and didn’t feel the letter from the City was too harsh. He also noted that he grows a lot of vegetables on his property and these vegetables do grow to a significant height, which could cause the inspector to assume they are hazardous weeds. Councilmember Hunter asked for clarification as to how a property is added or should be added to the abatement list. Mr. Kumre responded that there are two ways to add a property to the abatement list; however, he noted the property has to be found non-compliant during the fire season which begins April 15th and goes through October. He noted anyone can report a property to his department that appears non-compliant and may be a fire hazard. The property will be inspected, photos will be taken, and his department will send a letter to the property owner informing them that they are non-compliant. The second way a property is added to the list is that the County inspector sees a property that is non-compliant when they are inspecting other parcels that are non-compliant. Vice Mayor King asked Mr. Kumre if he could determine why so many more property owners were present to speak at tonight’s public hearing than in past years. 31 8 Mr. Kumre responded that the letter sent by the City created confusion. In addition, he noted that his office received a large number of phone calls from concerned property owners as well. Mayor Page closed the public hearing. Council suggested that for next year’s abatement program the County send the third letter rather than the City. In addition, Council noted they would work on improving the abatement notification process as well. RESOLUTION NO. 09-013 MILLER/HUNTER MOVED TO ADOPT PROPOSED RESOLUTION ORDERING ABATEMENT AS TO PROPERTIES LISTED (WITH MODIFICATION(S) IF ANY OBJECTIONS ARE SUSTAINED. MOTION PASSED 5-0-0. 13. FY 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING STAFF RECOMMENDATION: Conduct the Public Hearing and make a decision regarding recommendation of remaining Community Development Block Grant (CDBG) funds. Cynthia McCormick presented the staff report noting that at the March 4, 2009 Council Meeting Council fully funded six of the applicants. On March 6, 2009, Mid Peninsula withdrew their application. Ms. McCormick noted that although the FY 2009/10 CDBG funding amounts have not yet been finalized, the City estimates approximately $27,619 remains after the recommended allocations are filled. She noted the Public Works Department has requested funds for two projects that are already partially funded under the CDBG program with the remaining Community Development Block Grant funds; $10,000 is requested for Phase II of the Saratoga Historical Museum ADA project and $17,619 is requested for Phase III of the ADA- Accessible Signal project. Mayor Page opened the public hearing. No one requested to speak on this item. Mayor Page closed the public hearing. RESOLUTION NO. 09-014 RESOLUTION NO. 09-015 MILLER/NAGPAL MOVED TO ALLOCATE THE REMAINING $27,619 CDBG FUNDS TO THE PUBLIC WORKS DEPARTMENT PROJECTS AS REQUESTED. MOTION PASSED 5-0-0. OLD BUSINESS 14. REQUEST FOR DISCRETIONARY FUNDS FOR FEES ASSOCIATED WITH A CONDITIONAL USE PERMIT (CUP) 32 9 STAFF RECOMMENDATION: Direct Staff Accordingly. Director John Livingstone presented the staff report. Director Livingstone noted that on March 4, 2009, the Chamber of Commerce addressed the Council during Oral Communications regarding their impending relocation from their current street frontage location and asked the Council to consider assisting the Chamber with the costs involved with a Conditional Use Permit (CUP). Councilmember Hunter voiced her concern about the Chamber not being open on Saturdays when so many people visit the Village and asked if that issue could be addressed in the Use Permit if Council does decide to waive the CUP fee. City Attorney Richard Taylor noted Council does have a Memorandum of Understanding with the Chamber and that may be where the City addresses that issue. City Manager Dave Anderson stated that it could also be addressed in the next Fee for Service Agreement at the end of the current agreement. Vice Mayor King raised the question if the CUP could specify the Chamber to remain on Big Basin street frontage on the first floor. Attorney Taylor noted the grant agreement could specify that the CUP fee is waived under certain conditions. Mayor Page invited public comment. The following people requested to speak on this item: Vance Nelson stated the Chamber would like to remain in a visible location on Big Basin Way and asked Council to consider waiving the CUP fee. He also noted the Chamber would like to be open on Saturdays; however that would incur additional salary costs. Councilmember Hunter noted that most of the Village shops are closed on Mondays and maybe the Chamber could do the same and have office hours on Saturdays. Mayor Page also suggested the Chamber consider Saturday openings in order to serve the businesses and visitors to the Village. The following people spoke in support of the Chamber’s request to have Council waive the CUP fees: Vicki Seelig Marilyin White Scott Anderson Emily Lo Chris Oaks 33 10 Michael Shekeras noted that he has purchased the building the Chamber currently occupies and would like to bring personal services into it. Mayor Page closed the public comment. Council discussed the funding options and the various restrictions placed on the CUP fee waiver. NAGPAL/MILLER MOVED TO AUTHORIZE STAFF TO PROVIDE A ONE TIME ONLY CUP FEE WAIVER FOR THE CHAMBER OF COMMERCE TO RELOCATE TO A STREET FRONTAGE LOCATION ON BIG BASIN WAY; FEE WAIVER IS VALID FOR SIX MONTHS; AND THE $4700 CUP FEES TO BE TRANSFERRED FROM COUNCIL DISCRETIONARY FUND TO THE COMMUNITY DEVELOPMENT BUDGET. MOTION PASSED 5-0-0. 15. REVIEW INCENTIVES RELATED TO CONDITIONAL USE PERMITS TO ENCOURAGE NEW BUSINESSES IN THE CITY STAFF RECOMMENDATION: Direct Staff Accordingly. Director Livingstone presented the staff report. Director Livingstone noted that on March 3, 2009, Council reviewed the fees associated with Conditional Use Permits and expressed an interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use Permit. One of the ideas at that meeting was to create incentives for new businesses in the City. Mayor Page invited public comment The following person requested to speak on this item: Adam Rockland noted the cost of the CUP is not the issue; it’s the uncertainty and that it takes 90 days to process the permit application. He stated the process needs to be streamlined; he needs to know that he can come to Saratoga and get a quick turn- around. In addition, he stated it is the general feeling of the public that the City is only interested in bringing in retail. Mayor Page closed the public comment. Council discussed the various types of businesses they would like to see in the community; creating incentives to encourage businesses, creating a list of businesses that would expediting the CUP process, and ways to fund the CUP’s. Council Consensus: o Create an Adhoc Committee o Adhoc Committee compiles a list of businesses that Council would like to see in the community (Bakery, Family-style restaurant with parameters, Martial Arts Studio, Baseball Hitting Cage, Petroglyph, high-end grocery market, Tai Kwon Do. 34 11 o Provide incentives of $25,000 for the first five businesses that are interested in coming into the community. o Possibly requiring new businesses to occupy locations that have been vacant for a significant amount of time. Councilmember Nagpal and Councilmember Hunter volunteered to be on the Adhoc Committee. They will compile a list of businesses that the community is interested in and that the Council would like to provide incentives for, meet with City staff, and bring this list back for discussion at the next Council meeting or a future Council meeting. 16. SELECTION OF CONCEPTUAL WEBSITE HOMEPAGE DESIGN STAFF RECOMMENDATION: Accept report, select one of three conceptual website homepage designs, and offer input on the selected design so that it can be further refined. Crystal Morrow presented the staff report. Ms Morrow provided a slide show depicting the final three proposed designs for the website homepage designs. Mark Kelly from Civica Software was present to address any questions Council had. Council viewed the three proposed designs and provided input regarding: o Font size o Placement of Icons o City Seal on website homepage o Highlighting City activities o Easy navigation Council unanimously preferred Design Number 2. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page - reported SSC Cities Association Board – provided a presentation on fluoridation at the last meeting; very expensive project if cities are required to fluoridate water supply. Valley Transportation Authority PAC – met, considering cutting transportation funds, decreasing routes, lengthening bus route times, and potential layoffs. Report was given on Express Lanes projects; Fast Past Lanes – which is available to single drivers for these lanes. West Valley Sanitation District – had nothing urgent to report. Vice Mayor Kathleen King – reported: City School Ad-Hoc – issues regarding unauthorized use of back fields at Prospect High School. 35 12 Councilmember Jill Hunter – reported: Historical Foundation – she attended the last meeting and noted former Mayor Ann Waltonsmith is now in charge of membership; KSAR featuring Historic Foundation and they are selling tickets for a big event in July; the winning ticket holder will be the recipient of a dinner for 10 by Paul Masson. Councilmember Howard Miller – reported: Chamber of Commerce – busy with impending move; working on changes to Taste of Saratoga KSAR – continues to work out their budget issues; KSAR and Saratoga High school received media grant. Councilmember Susie Nagpal – reported: County HCD Policy Committee – meets Thursday, will be allocating CDBG funds. CITY COUNCIL ITEMS Vice Mayor King requested to agendize the single-use bag, look at options as well as legal feedback on options; would like Council discussion and a decision on item. Councilmember Hunter seconded this agenda request. Councilmember Miller questioned the proposed single-use bag item for discussion and asked if this should be a Closed Session discussion first. City Attorney Taylor noted that if Council is considering specific legislation, Council may want a Closed Session to discuss exposure to litigation. Mayor Page noted the City received a letter from anti-tobacco people commending the City for their active role in the prevention of tobacco sales to minors. He stated the City has nothing in place to restrict the sale of tobacco to minors and would like to agendize this for discussion regarding the Conditional Use Permits for tobacco companies. Mayor Page also requested agendizing the ability for a non-profit organization to have a one-day bingo event fund raiser in the City. CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business Mayor Page asked for a motion to adjourn the Regular Meeting to Closed Session. KING/MILLER MOVED TO ADJOURN THE REGULAR MEETING TO CLOSED SESSION IN THE ADMINISTRATIVE CONFERENCE ROOM AT 11:16PM. MOTION PASSED 5-0-0. Council proceeded to the Administrative Conference Room for Closed Session. ANNOUNCEMENT OF CLOSED SESSION ITEMS 36 13 Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to Government Code 54956.9 (b) (1 Item) Respectfully submitted, Ann Sullivan, CMC City Clerk 37 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Minutes – March 10, 2009 Housing Element Study Session RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the March 10, 2009 Housing Element Study Session. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from March 10, 2009 Housing Element Study Session. 38 MINUTES SARATOGA CITY COUNCIL/PLANNING COMMISSION HOUSING ELEMENT JOINT STUDY SESSION MARCH 10, 2009 Mayor Page called the Joint Housing Element Study Session meeting to order at 5:00PM. PRESENT: COUNCILMEMBERS: Jill Hunter, Susie Nagpal, Howard Miller, Vice Mayor Kathleen King, Mayor Chuck Page, PRESENT: PLANNING COMMISSION: Yan Zhao, Linda Rodgers, Susie Nagpal, Joyce Hlava, Manny Cappello ABSENT: Rishi Kumar and Robert Kundtz ALSO PRESENT: Richard Taylor, City Attorney Dave Anderson, City Manager Ann Sullivan, Acting City Clerk John Livingstone, Community Development Director Chris Riordan, Senior Planner RBF Consulting Representatives: Tricia Schimpp and Michele Kou REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 10, 2009 Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 10, 2009, was properly posted on March 4, 2009. COMMUNICATIONS FROM PUBLIC No one requested to speak at this time. JOINT MEETING AGENDA ITEM: 1. Discussion on the Update to the City’s Housing Element 1 39 RBF Consulting Representatives provided a slide presentation on the Housing Element Update noting that every five years the City of Saratoga (City) is required by the State of California to update the City’s Housing Element. Housing element law requires a quantification of each city’s existing and projected housing needs and requires each to provide their “fair share” of regional housing needs; which is accomplished in part, through the Regional Housing Needs Assessment (RHNA) process. The RHNA defines each city’s existing and future housing needs in a regional context. A city’s share of the RHNA, as determined by the Association of Bay Area Governments (ABAG), is the projected housing need that must be addressed in the Housing Element. An Administrative Draft of the Housing Element is to be submitted to the California Department of Housing and Community Development (HCD) for review prior to the June 30, 2009 deadline. ABAG’s draft RHNA for the period 2007 – 2012 allocates 292 new housing units to the City of Saratoga with a breakdown based on the type of income categories. When the planning period began at the beginning of 2007 the City of Saratoga had a credit of 8 units in the moderate-income category and an additional 6 units in the above-moderate income category that are currently under construction, which leaves a remaining need of 278 units. The focus of discussion was on Chapter 4 – Policy Program. Representative Michelle Kou presented recent legislation regarding SB 2 – Emergency Shelters; SB 520 – Reasonable Accommodations; AB 2348 – Adequate Sites; SB 1818 and AB 2280 – Density Bonus; and AB 2634 – Extremely Low Income. COUNCIL DISCUSSION: o Professional Administrative (PA) Districts and the commitment to look at a Zoning District and allowing by right Emergency Shelters in that Zoning District to be a permitted use, within one year of adoption of the Housing Element. Council reviewed the various commercial districts that could accommodate emergency shelters by right, such as Neighborhood Commercial, Historic Commercial, and the other Commercial Districts along bus routes. City Attorney Richard Taylor noted that the City could create a new “Commercial District” that could encompasses just the Prospect Area that would allow Emergency Shelters. Council discussed the possibility of creating a new Commercial District that would allow Emergency Shelters Permitted by Right Use. Council also discussed whether the PA Zone should be included or excluded. CONSENSUS: o Look into allowing Emergency Shelters by Right in the Pa Zone or one of the Commercial Districts. 2 40 Council Topics & Discussion Regarding Adequate Sites – SB 2348: o Low Income Needs (need 158 units with 50% of the need provided on residential zoned only sites). o Odd Fellows site can accommodate additional 80 dwelling units fulfilling the 50% need on sites zoned residential only. o Mixed Use Overlay – maximum density standard of 20 units per acre or minimum of 16 units per site with Density Bonus. o Feasibility of 20 units minimum per one acre in Mixed Use Overlay Zone, on second floor with setback requirements and other zoning constraints. o Consideration of revising zoning language standards to accommodate 20 units minimum per acre by allowing 3 stories and changing the 50% residential/commercial mix. o Exemption for lots one acre or less to provide minimum 20 units per acre. o Consideration of allowing affordable housing in all commercial mixed use or designation of specific locations for affordable housing. o Changing the character of commercial areas into housing areas. o Underground parking with housing above. o Concerns about decreasing commercial districts and adding affordable dwelling units. o Ability to say “no” to a developer if City has a valid Housing Element through design review process. o If no certified Housing Element, developer has a ‘per se right’ to develop. o State doesn’t require the city to build these affordable housing units; City has to have the provision that the affordable units could be built. o Need to have housing policies flexible – not rigid. o Can include zoning language that zoning district would be reviewed to assure accommodation of 20 affordable housing units per acre. o Hillside properties with 10 acres that are sloped cannot do a secondary unit because the net lot size is too small. Mayor Page invited public comment. The following person requested to speak: Gary Hansen thanked the consultants for the language in Policy Action 4-4.2: Senior Housing and Affordable Senior Housing, noting that it is significantly flexible in addressing the issues for senior housing in the future. CONSENSUS: City needs total of 158 low income units in Mixed Use District with a minimum of 20 units per acre. 3 41 4 NEXT STEPS: o Recommendations from this evening’s meeting will be incorporated into the Draft Housing Element o Draft Housing Element will be submitted to HCD for compliance review o HCD reviews for compliance and provides the City with a letter of suggested revisions to comply with State law o City will address HCD comment letter and consider third party comments o Upon satisfying statutory requirements, HCD will provide a letter of “substantial compliance” o Planning Commission will recommend adoption of the revised Housing Element to city Council There being no further discussion Mayor Page asked for a motion to adjourn the Study Session. MILLER/NAGPAL MOTIONED TO ADJOURN THE HOUSING ELEMENT STUDY SESSION AT 6:30PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 42 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey SUBJECT: Treasurer’s Report for the Month Ended February 28, 2009 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended February 28, 2009. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of February 28, 2009, the City had $116,906 in cash deposit at Comerica bank, and $15,594,159 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of February 28, 2009 is $15,711,065 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank 116,906$ Deposit with LAIF 15,594,159$ Total 15,711,065$ 43 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 44 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at February 28, 2009 General General Fund Reserved: Petty Cash Reserve 1,300$ Designated: Designated for Operations 2,808,164$ Designated for Economic Uncertainty 1,300,000$ Designated for Development Services 782,380$ Designated for Environmental Services 663,182$ Designated for Uncollected Deposits 289,454$ Designated for Carryforward 58,386$ Undesignated:2,120,066$ Special Revenue Landscape and Lighting Districts 344,562$ CDBG Federal Grants -$ SHARP Program 118,698$ Capital Project Street Projects 2,096,018$ Park and Trail Projects 1,126,027$ Facility Improvement Projects 1,021,751$ Administrative Projects 182,472$ Tree Fund 84,200$ CIP Grant Fund 276,426$ Gas Tax Fund 302,547$ Debt Service Library Bond 422,478$ Internal Service Liability/Risk Management 166,586$ Workers Compensation 100,300$ Office Stores Fund 47,923$ Information Technology Services 189,708$ Equipment Maintenance 68,866$ Facility Maintenance 278,587$ Equipment Replacement 97,413$ IT Replacement 342,562$ Trust/Agency Library Fund 377,844$ KSAR - Community Access TV 43,163$ Total City 15,711,065$ 45 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at February 28, 2009. Fund Description Fund Balance 07/01/08 Increase/ (Decrease) Jul-Jan Current Revenue Current Expenditure Transfers Fund Balance 2/28/09 General Undesignated Unreserved Balance 2,216,238 (1,231,821) 710,255 644,617 - 1,050,056 Reserved Fund Balance: Petty Cash Reserve 1,300 - - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,808,164 - - - - 2,808,164 Designated Economic Uncertainty 1,500,000 - - - (200,000) 1,300,000 Designated for Development 782,380 - - - - 782,380 Designated for Environmental 679,917 - - - (16,735) 663,182 Designated for Uncollected Deposits 289,454 - - - - 289,454 Designated for Carryforward 58,386 - - - - 58,386 Designated for Capital Improvements 1,200,000 - - - (1,200,000) - Special Revenue Landscape/Lighting Districts 209,821 158,163 364 23,617 - 344,732 CDBG Federal Grants - - - - - - SHARP Loan 93,877 1,488 - - - 95,365 Capital Project Street Projects 1,482,982 (154,418) 803,500 200,093 - 1,931,971 Park and Trail Projects 1,455,178 (272,543) 125,000 243,095 - 1,064,540 Facility Improvement Projects 515,315 (184,483) 858,000 239,415 - 949,416 Administrative Projects 100,841 (26,994) 119,000 10,375 - 182,472 Tree Fund 129,566 (44,218) 1,170 2,318 - 84,200 Grant Fund 266,476 34,991 - 55,212 - 246,254 Gas Tax Fund 124,192 178,355 - - - 302,547 Debt Service Library Bond 853,620 (433,065) 1,924 - 422,479 Internal Service Fund Liability/Risk Management 128,689 26,967 11,998 1,068 - 166,586 Workers Compensation 47,736 54,911 - 2,347 - 100,300 Office Stores Fund 32,616 16,924 - 1,617 - 47,923 Information Technology Services 122,541 89,136 - 21,970 - 189,708 Equipment Maintenance 13,412 75,420 - 7,493 - 81,339 Building Maintenance 101,361 221,421 220 49,415 - 273,587 Equipment Replacement 98,109 (697) - - - 97,412 Technology Replacement 316,310 36,236 - 9,984 - 342,562 Trust/Agency Library Fund 693,929 - 5,388 321,473 - 377,844 KSAR - Community Access TV 38,661 - 4,502 - - 43,163 Total City 16,361,072 (1,454,227) 2,641,320 1,834,107 (1,416,735) 14,297,323 46 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at February 28, 2009 CIP Street Project Fund 2,096,018$ CIP Parks Project Fund 1,126,027$ CIP Facility Project Fund 1,021,751$ CIP Administrative Projects 182,472$ Tree Fund 84,200$ CIP Grant Fund 276,426$ Gas Tax Fund 302,547$ Total CIP Funds 5,089,441$ ATTACHMENT D 47 FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/08 Increase/ (Decrease) Jul-Jan Current Revenue Current Expenditure Transfers Fund Balance 2/28/09 Street Projects Traffic Safety 11,757 (6,998) - 646 4,112 Highway 9 Safety Project 55,460 (12,331) 27,000 25,000 45,129 Annual Street Resurfacing Project 79,151 (57,928) 40,000 106,448 (45,226) Sidewalks Annual Project (3,564) (35,894) 72,500 (2,709) 35,751 Saratoga Sunnyvale Road Resurfacing - - 64,000 (972) 64,972 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 115,726 - - - 115,726 Village Newsrack Enclosure 23,384 (77) - - 23,307 Village Façade Program 19,430 - - - 19,430 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 150,000 - - - 150,000 Annual Storm Drain Upgrade - - 50,000 24,735 25,265 Village Trees & Lights at Sidestreets 31,965 (7,790) - - 24,175 Village Pedestrian Enhancement 115,000 (21,696) - 42,413 50,891 Prospect Road Median 1,556 (11,703) 200,000 1,352 188,501 City Entrance Sign/Monument 23,788 - - - 23,788 Village-Streetscape Impv 540,665 - - 2,709 537,956 Saratoga-Sunnyvale ADA Curb Ramps - - - - - Saratoga-Sunnyvale/Gateway Sidewalk 57,224 - - 470 56,754 Comer Drive Retaining Wall - - 200,000 - 200,000 Pedestrian Refuge @ Quito/McCoy - - 150,000 - 150,000 Total Street Projects 1,482,982 (154,418) 803,500 200,093 - 1,931,971 Parks & Trails Hakone Garden Koi Pond 50,000 (850) - - 49,150 EL Quito Park Improvements 118,209 (38,730) - 35,050 44,429 Wildwood Park - Water Feature/Seating 7,199 - - - 7,199 Historical Park Landscape 37,200 - - - 37,200 Hakone Garden Retaining Wall & D/W 142,829 - - - 142,829 Hakone Garden Upper Moon House - - 125,000 - 125,000 Wildwood Park Improvement - - - - - DeAnza Trail - (21,487) - 2,104 (23,591) Kevin Moran Improvements 982,259 (177,021) - 205,401 599,838 West Valley Soccer Field (58,507) (7,528) - 541 (66,576) Park/Trail Repairs 21,130 (13,382) - - 7,748 Heritage Orchard Path 6,153 (6,153) - - - Trail Segment #3 Repair 7,912 - - - 7,912 Teerlink Ranch Trail 22,242 (7,392) - - 14,850 CIP Allocation Fund 118,552 - - - 118,552 Total Parks & Trails 1,455,178 (272,543) 125,000 243,095 - 1,064,540 Facility Improvements Civic Center Landscape 13,384 (6,129) - (6,129) 13,384 Warner Hutton House Improvements 5,868 - - - 5,868 Facility Projects 39,735 15,460 - 20,072 35,123 Fire Alarm at McWilliams & Museum 11,371 - - - 11,371 North Campus Improvements 443,195 (187,064) 69,000 179,722 145,409 North Campus - Bldg Removal - - 75,000 1,750 73,250 City Hall - Cool Roofs - - 44,000 44,000 - Multi-Purpose Room Fund - - 250,000 - 250,000 Corp Yard Solar Project - (6,750) 100,000 - 93,250 Library HVAC Upgrade - - 310,000 - 310,000 McWilliams House Improvement - - 10,000 - 10,000 Historical Park Fire Alarm System 1,762 - - - 1,762 Total Facility Improvements 515,315 (184,483) 858,000 239,415 - 949,416 Administrative Projects Financial System Upgrade 8,516 (4,982) - - 3,534 Document Imaging Project 92,325 (9,343) - - 82,981 CDD Document Imaging Project - (9,670) 60,000 1,017 49,313 Website Development Project - - 50,000 9,358 40,642 KSAR Equip Upgrades - (2,998) 9,000 - 6,002 Total Administrative Projects 100,841 (26,994) 119,000 10,375 - 182,472 Tree Fund Tree Fine Fund 129,566 (44,218) 1,170 2,318 84,200 CIP Fund CIP Grant Fund 266,476 34,991 - 55,212 246,254 Gax Fund Gas Tax Fund 124,192 178,355 - - 302,547 Total CIP Funds 4,074,549 (469,310) 1,906,670 750,508 - 4,761,401 48 ATTACHMENT E 49 Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 03/12/09 111739 111796 57 143,682.36 3/12/2009 3/5/2009 111738 03/19/09 111797 111856 59 429,850.38 3/19/2009 3/12/2009 111796 AP Date Check No. Issued to Dept.Amount 03/12/09 111746 Public Safety Services 14,176.04 03/12/09 111757 Public Works 11,986.00 03/12/09 111757 Public Works 2,100.00 03/12/09 111786 Various 38,328.06 03/12/09 111793 Various 10,613.94 03/12/09 111794 Finance 17,000.00 03/19/09 111813 IT 19,932.50 03/19/09 111834 Public Works 13,791.07 03/19/09 111835 Public Safety Services 330,022.46 Varinek, Trine, Day & Co General General Law Enforcement - Monthly Services George Bianchi Construction CIP - Village sidewalk, curb and gutter repairs 4th Street / Big Basin repairs George Bianchi ConstructionCIP - Annual Sidewalk Repair Glen Brae Drive repairs Fund Purpose City of San Jose - Animal Services General Animal Control - Monthly Services Prior Check Register Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: SUBJECT: Review of Accounts Payable Check Registers. March 12, 2009 March 19, 2009 Type of Checks Date Starting Check No. Ending Check No.Total Checks Amount Checks Released DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DEPT. DIRECTOR: SARATOGA CITY COUNCIL MEETING DATE:April 1, 2009 AGENDA ITEM: Shute Mihaly & WeinburgerVarious Monthly Services - Legal Fees / City Attorney / Litigation US Bank Card Various Cal Card Monthly Billing Audit Services Dell Marketing IT Replacement Replacement Computers Matt Novakovich General Heritage Orchard Maintenance County of Santa Clara - Office of the Sheriff 50 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 3/17/2009 111741 (907.66) 3/17/2009 100519 (39.00) 3/17/2009 100557 (15.00) 3/17/2009 102577 (60.00) 3/17/2009 103205 (99.00) 3/17/2009 103218 (100.00) 3/17/2009 104712 (89.00) 3/17/2009 104980 (97.50) 3/17/2009 111755 (7,489.00) The following is a list of cash reduction by fund: Fund #AP 03/12 AP 03/19 Total 111 General 104,653.66 391,092.81 495,746.47 231 Village Lighting 134.47 134.47 247 Kerwin Ranch Landscape 455.00 455.00 248 Leutar Court Landscape - 249 Manor Drive Landscape 51.40 51.40 251 McCartysville Landscape - 252 Prides Crossing Landscape 102.80 102.80 253 Saratoga Legends Landscape 329.73 329.73 254 Sunland Park Landscape - 255 Tricia Woods Landscape - 271 Beauchamps Landscape - 272 Bellgrove Landscape - 273 Gateway Landscape 137.36 137.36 274 Horseshoe Landscape/Lighting - 275 Quito Lighting 669.00 669.00 276 Tollgate LLD - 277 Village Commercial Landscape - 311 Library Bond Debt Service 925.00 925.00 411 CIP Street Projects 22,205.72 4,746.17 26,951.89 412 CIP Parks Projects 3,795.11 298.98 4,094.09 413 CIP Facility Projects 250.00 4,096.80 4,346.80 414 CIP Admin Projects 1,828.81 1,828.81 612 Workers' Comp 1,061.66 198.14 1,259.80 621 Office Stores Fund 1,500.67 1,500.67 622 Information Technology 388.10 177.81 565.91 623 Vehicle & Equimpent Maint 4,959.48 4,959.48 624 Building Maintenance 2,190.54 6,198.57 8,389.11 632 1,152.45 19,932.50 21,084.95 711 - 143,682.36 429,850.38 573,532.74 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format Advantage Janitorial Void - Reissue Void - Stale Dated Issued to Description Void - Stale Dated Void - Stale Dated Library Capital Improvement Void - Stale Dated Void - Stale Dated TOTAL Void - Stale Dated Void - Stale Dated Fehr & Peers Void - Reissue Fund Description IT Equipment Replacement 51 52 5 3 5 4 5 5 5 6 5 7 5 8 5 9 6 0 6 1 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone Associate Engineer SUBJECT: 2009 Pavement Management Program and 1B Project – Award of Construction Contract. RECOMMENDED ACTION: 1. Move to declare C.F. Archibald Paving, Inc. of Redwood City to be the lowest responsible bidder on the project. 2. Move to award a construction contract to C.F. Archibald Paving, Inc. in the amount of $788,539.35 3. Approve additional work to contract in the amount of $134,000.00. 4. Move to authorize staff to execute change orders to the contract up to $77,460. REPORT SUMMARY: Sealed bids for the 2009 Pavement Management Program and 1B Project were opened on Thursday, March 19th. A total of eleven contractors submitted bids and a summary of the bids received is attached (Attachment 1). C.F. Archibald Paving, Inc. of Redwood City submitted the lowest bid of $788,539.35, which is 19% below the Engineer’s Estimate of $972,989.35. Bid amounts were competitive and quite favorable because of the economy. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated February 3rd, 2009. Staff recommends incorporating four additional street segments into the contract in the amount of $134,000 because of the favorable bids received. Extending the current unit bid cost, C.F. Archibald Paving, Inc. will still be the lowest bidder (Attachment 2). This additional amount will be fully covered by the PMP budget, and will allow for the treatment of additional City facilities per the recommendations of the City’s adopted Pavement Management Program. The scope of work includes furnishing all materials, equipment, and labor to perform asphalt overlay work and re-stripe segments of public roadway at various locations throughout the City. This contract scope will also include the surface treatment of the City maintenance yard parking lot located at Glen Brae Dr. It is therefore recommended that C.F. Archibald Paving, Inc. be the lowest responsible bidder on the project, and to award a construction contract to this firm in the amount of their bid. Page 1 of 2 62 Page 2 of 2 Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $77,460 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: The funding for street resurfacing is included in the CIP budget. The Proposition 1B Bond funding already received in the amount of $505,063.71 is included in the budget for this project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: C.F. Archibald Paving, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received and the American Recovery and Reinvestment Act of 2009 projects that will soon be out to bid through out the Bay Area. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 60 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Bid Summary 2. Bid Summary including four additional streets 3. Advertisement 63 64 65 66 67 68 69 70 1 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati, Asst. Planner DIRECTOR: John Livingstone, AICP SUBJECT: Appeal of Design Review Application No. PDR08-0034: 14966 Sobey Road, which was approved by the Planning Commission, to construct a new 5,754 square foot two-story home and 1,724 square foot basement. RECOMMENDED ACTION: Deny the appeal, thus affirming the Planning Commission Design Review approval issued on January 28, 2009. DISCUSSION: Project History An application was submitted on October 7, 2008 to construct a new two-story single-family residence at 14966 Sobey Road. The Planning Commission reviewed the project and recommended approval at their meeting of January 28, 2009. The new two-story residence has 5,754 square feet of floor area and 1,700 square feet of basement. The height of the proposed structure is 26 feet. The Commission heard from both the Applicant’s representative and concerned neighbors. After the public hearing was closed, the Commission discussed the project in detail and found in favor of the application (4 ayes, 1 noes, 1 abstain). The neighbor’s concerns included: 1) the project is out of character with the neighborhood, 2) the project will cut off views of the hillsides, and 3) existing drainage may be adversely affected (please refer to meeting minutes - Attachment #4). The Commission’s approval included a permanent condition to not allow the planting of trees that reach 50 feet in height within the required rear yard. The tree planting condition is to protect the hillside views of neighbors to the rear. The Commission also required the applicant to furnish a Final Landscaping Plan prior to receiving permits. The Final Landscape plan shall increase landscape screening on the most northwest corner of the lot and provide a small break in the landscaping further up the road for maintenance access to the vineyard. The majority of the Commission stated that: 1) the criteria of Design Review approval had been met, 2) the style of the residence is similar to homes nearby, 3) there is not an unreasonable impact on views and privacy, 4) the perception of bulk is lessened by the articulation of the design and placement into the hillside, and 5) the second story element represents only a small portion of the home. In the appeal application (Attachment #2), neighbors state that the proposed two-story, single-family residence has a presence of a three-story structure that would set precedence in the area and would cut off views of neighbors above and below the project site. Letters have been submitted by the appellant 71 2 (Attachment #5 and #6) for City Council review. FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The proposal for a new residence would be denied. ALTERNATIVE ACTIONS: The City Council could also take one, or a combination of, the following alternative actions. 1. Approve the appeal, thus reversing the Planning Commission Design Review Approval issued on January 28, 2009. 2. Direct the applicant to make additional changes and continue the public hearing to a date certain. 3. Direct the applicant to make additional changes and refer the application back to the Planning Commission. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the Saratoga News. ATTACHMENTS: 1. City Council Resolution of approval of application PDR08-0034. 2. Appeal application dated February 11, 2009. 3. Planning Commission Staff Report dated January 28, 2009. 4. Minutes from the Planning Commission meeting of January 28, 2009. 5. Letter and Photos from Appellant - Richard and Diana Anderson, received March 10, 2009 6. Letter and Photos from Appellant – Pouliout, Chowdary, received March 10, 2009 7. Affidavit of mailing, notices, labels and map 8. Plans, Exhibit A from Planning Commission meeting of January 28, 2009 72 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW APPLICATION PDR08-0034 Jean; 14966 Sobey Road Approval of a new two-story, single family residence with attached garage and basement WHEREAS, on January 28, 2009, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved a Design Review application (PDR08-0034) for the construction of a new 5,754 square foot residence on a 48,337 square foot parcel; and WHEREAS, on February 11, 2009 an appeal of the Planning Commission decision was filed by the appellants Rick and Colleen Pouliot, Subhash and Uma Chowdary, and Diana and Richard Anderson; and WHEREAS, on April 1, 2009, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith; Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Deny the appeal and affirm the Planning Commission’s approval of the Design Review application; and II. Determines that the proposed project including a new two-story, single-family residence is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) New Construction or Conversion of Small Structures. This exemption allows for construction of a single-family home in an urban area. III. Determines that the applicant has met the burden of proof required to support said application for Design Review Approval, as consistent with the below General Plan policies and the following findings specified in City Code Section Article 15-45.080 and the City’s Residential Design Handbook: 73 General Plan Findings The proposed project is consistent with all of the following General Plan Policies: Land Use Element Goal 13 – The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed project incorporates earth tones and materials, such as authentic slate and natural stone, that blend in well with the existing surroundings. The project will also follow the natural hillside slope in order to minimize the prominence of the structure while increase the compatibility with the natural terrain. Land Use Element 1.1. – The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed project has utilized policies and techniques from the Saratoga Residential Design Handbook such as designing the structure to follow the natural slope contours of site to minimize its perception of bulk, maximize energy efficiency by fitting certain portions of the residence into the grade to reduce wind exposure, and the use of landscaping to screen living areas most sensitive to privacy. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy to adjacent properties by doing the following: a. Locating the second-story structure out of the direct line-of-sight of neighboring properties. b. Removal of second-story windows facing the north and south properties, in order to protect neighboring privacy. c. Situating the proposed home on a lower portion of the lot in order to follow the contours of the site slope while protect the views, to the extent feasible, of elevated properties located to the east. d. The new construction is located toward the rear of the lot, providing an increased front setback greater than the minimum required by the Municipal Code. e. To the east of the proposed building, the site slopes upward to dense landscaping. The parcel to the north and south are well screened with existing mature landscaping. f. Extensive tree planting using existing and new landscape is proposed to the south property line, adjacent to the access easement, in order to create a visual screen between properties to the south. 74 (b) Preserve Natural Landscape. Seven protected trees will be removed. The building has been located in an effort to minimize its impacts on all other existing trees. The 30 existing trees potentially impacted by the project will be protected during the construction process and incorporated into the formal landscaping plan. Additionally, 39 new trees will be added to the site. The area to the west of the residence will have a vineyard. (c) Preserve Native and Heritage Trees. One four inch oak is proposed for removal, as it is in conflict with the design. No Heritage trees are onsite. As conditioned, 39 new trees will be added to the site. Five of those trees will be of the Native species. (d) Minimize perception of excessive bulk. The project incorporates an earth tone color pallet and high-quality materials into its design. These materials include horizontal wood siding, natural stone veneer, and an authentic slate roof. These colors and materials will reduce the perception of excessive bulk in the rural environment. The size of the second story is located to the center of the building footprint so that the majority of house footprint is a single story. The project has been designed to follow the natural contour of the existing slope, thereby minimizing the prominence of the structure and increase the compatibility with the natural terrain. (e) Compatible bulk and height. The proposed home with a height of 26 feet is compatible in terms of bulk and height with the existing residential structures on nearby lots. The varying rooflines, architectural detailing, and combination of high-quality exterior materials will minimize the perception of bulk. The height of the project is consistent with adjacent properties and will be alleviated by the large setbacks and landscape screening. (f) Current grading and erosion control methods. The applicant has submitted a grading and drainage plan, which incorporates current grading and erosion control methods. The geotechnical report and recommendations are included as a condition of approval. Furthermore, the project is conditioned to require retention of stormwater on site, to the maximum extent reasonably feasible. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in that the design will follow the natural slope contours of site, utilize materials that blend with the natural environment, use landscaping to screen living areas most sensitive to privacy, protect neighbor’s privacy by proper site planning and appropriate landscape, and fit certain portions of the residence into the grade to reduce wind exposure and provide wind protection. IV. After careful consideration of the site plan, architectural drawings, and other exhibits submitted in connection with this matter, the exemption from CEQA is approved and 75 required findings being made that the application number of PDR08-0034 for a Planning Commission Design Review Approval is hereby granted subject to the following conditions: UCONDITIONS OF APPROVAL A. GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No demolition, grading, or building permit for this project shall take effect until proof is filed with the City that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content acceptable to the Community Development Director. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga or a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Section 15-80.120 and/or 16.05.035, as applicable. 4. A Building permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code 5. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review Approval, the applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. USTANDARD CONDITIONS OF APPROVAL CITY ATTORNEY 1. Agreement to Indemnify, Hold Harmless and Defend City. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, 76 independent contractors and volunteers (collectively “City”) from any and all costs and expenses, including, but not limited to attorney’s fees incurred by the City or held to be the liability of City in connection with City’s defense in any proceeding brought in any State or Federal Court, challenging the City’s action with respect to the applicant’s project or contesting any action or inaction in the City’s processing and/or approval of the subject application. COMMUNITY DEVELOPMENT 2. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 8, 2009 denominated Exhibit “A” and the Color Board dated October 7, 2008 denominated Exhibit “B”. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition A.3, above. 3. Tree Planting. The Property Owner shall not plant any trees that reach 50 feet in height, at full maturity, within any required rear yard. All proposed trees, as shown on the Conceptual Landscaping Plan per Exhibit “A”, must be 24 inch box size or greater. Five of the proposed trees must be of the native species, as defined in Saratoga Municipal Code Section 15-50.020(n). THIS CONDITION IS PERMANENT. 4. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project , a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater toward stormwater drains, drainage ways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 6. Final Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: 77 a. utilize efficient irrigation (where required) to eliminate or reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; g. comply with Chapter 15-47 and Section 16-75.030 of the City Code to the extent applicable; h. the Final Landscape plan and access to the vineyard is subject to Final Review and Approval by the Community Development Director. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” dated January 8, 2009 on file with the Community Development Department and referenced in Condition No. 2 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone five feet beyond the drip line of any Ordinance-protected tree on the site; c. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate plan pages; e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; f. City Arborist Reports dated November 17, 2008 printed onto separate construction plan pages; 78 g. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; h. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; i. A final Landscape and Irrigation Plan; and j. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Fences, Walls and Hedges. All fences, walls and hedges shall conform to height requirements provided in City Code Article 15-29. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to final planning inspection. 9. Heating, Ventilation, or Air Conditioning (HVAC). No new or replacement HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback. 10. Wood-Burning Fireplaces. Per City Code, one wood-burning fireplace per structure maybe installed in any new construction. 11. Exterior Lighting. All lighting in connection with the proposed project shall not produce glare or spillover to adjacent properties. 12. Water Conservation. All newly constructed buildings and irrigation systems shall be equipped with water conservation plumbing fixtures, satisfactory to the Building Official. 13. Construction Trucks. All Construction trucks and vehicles shall use designated truck routes only. 14. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. CITY ARBORIST 15. Arborist Report. All recommendations of the Arborist Report dated November 17, 2008, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. PUBLIC WORKS 16. Final Improvement. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final improvement plans (i.e., site preparation and 79 grading, site drainage improvements and design parameters for building foundations and swimming pool) to ensure that the plans, specifications and details accurately reflect the consultant’s recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits. 17. Project Construction. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, pier excavations, and retaining walls prior to the placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as-built) Project Approval. 18. Outstanding Fees. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 19. Hold Harmless agreement. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 20. Encroachment Permit. The applicant shall obtain an encroachment permit from the Public Works Department for construction within the public right-of-way. SANTA CLARA COUNTY FIRE DEPARTMENT 21. Fire Development Review. Owner/applicant shall comply with all Fire Department requirements. 80 V. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. VI. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 1st day of April, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________________ Chuck Page, Mayor ATTEST: ________________________________________________ Ann Sullivan, City Clerk This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. __________________________________ _________________________ Property Owner or Authorized Agent Date 81 82 REPORT TO THE PLANNING COMMISSION Application No./Location: PDR08-0034 – 14966 Sobey Road Type of Application: New Two-Story Single Family Residence Owner: James and Tina Jean Staff Planner: Michael Fossati, Assistant Planner Meeting Date: January 28, 2009 APN: 397-04-061 Department Head: John Livingstone, AICP 14966 Sobey Road 83 EXECUTIVE SUMMARY CASE HISTORY: Application filed: 10/07/08 Application complete: 12/15/08 Notice published: 12/29/08 Mailing completed: 12/29/08 Posting completed: 01/08/09 PROJECT DESCRIPTION: The applicant requests Design Review Approval to demolish an existing one-story, single-family Ranch house and construct a new two-story, single-family residence, a three car garage and a basement. The proposal is a “Country Craftsman” style home. The project includes 3,246 sq. ft. of floor area at the main level, 1,555 sq. ft. at the upper level, and 953 sq. ft. of garage space, totaling 5,754 sq. ft. The basement will encompass an additional 1,724 sq. ft. of living space. Per Saratoga Municipal Code (SMC) Section 15-45.060 (a)(1), any new multi-story main structure requires Planning Commission approval. The project also includes removal of four Ordinance size Mulberry trees. One Canary Island Date Palm and two Pines were removed prior to applying for a tree removal permit. All seven trees were authorized for removal by the City Arborist. The applicant has submitted an “After the Fact” tree removal permit for the Date Palm and Pines. The maximum height of the proposed residence will be not higher than 26-feet. The net lot size is 37,524 square-feet and the site is zoned R-1-40,000. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the Design Review application with required findings and conditions by adopting the attached Resolution. Staff is recommending a permanent condition of approval. 2 84 Application No. PDR08-0034 / 14966 Sobey Road STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: Very Low Density Residential (RVLD) MEASURE G: Not Applicable PARCEL SIZE: Gross: 48, 337 sq. ft.; Net: 37,524 sq. ft. SLOPE: Approximately 13.9 % average site slope and 2.2 % at building site GRADING REQUIRED: The project includes 1154 cubic yards (c.y.) to be cut for the new residence, pool and spa. An additional 386 c.y. of soil will be retained on site. This calculation does not include cut for the basement. ENVIRONMENTAL DETERMINATION: The proposed new single-family residence is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures. This exemption allows for the construction and location of limited numbers of new, small facilities or structures and no exception to that exemption applies. MATERIALS AND COLORS: Materials include an authentic slate roof, horizontal wood siding and natural stone veneer. Colors include different shades of brown tones such as “Baseball Mitt” and “Willow Brook” and natural colors of tan rock and gray slate. A colors and materials board is available on file with the Community Development Department and will be presented at the site visits and public hearing. Detail Colors Mfg. / Material Windows Baseball Mitt Brown Kolbe / Wood Siding Willow Bark Brown Kolbe / Wood Veneer Khaki Brown Custom / Natural Stone Roof Slate Gray Custom / Authentic Slate Gutters Copper Custom / Copper 3 85 Application No. PDR08-0034 / 14966 Sobey Road PROJECT DATA: R-1-40,000 Zoning Net Site Area: 45,760 sq. ft. Proposed Required Site Coverage Maximum Allowable = 16,016 SF (35%) Residence: 4,199 sq. ft. Porches: 1,112 sq. ft. Patio and Walkway(s): 2,911 sq. ft. Driveway: 1,152 sq. ft. Swimming Pool & Spa 952 sq. ft. TOTAL Site Coverage 10,326 sq. ft. (22%) Floor Area Maximum Allowable = 5,844 sq. ft. (After slope reduction of 14 %) Proposed First Floor Area: 3,246 sq. ft. Proposed Second Floor Area: 1,317 sq. ft. Proposed Garage Area: 953 sq. ft. Proposed Double-Counted Area: 238 sq. ft. TOTAL Proposed Floor Area 5,754 sq. ft. Proposed Basement: 1,724 sq. ft. Setbacks First Floor Second Floor First Floor Second Floor Front: 225’ 244’ 30’ 30’ Rear: 56’8” 79’ 50’ 60’ Left Side: 20’1” 39’ 20’ 25’ Right Side: 20’1” 50’ 20’ 25’ Height Maximum Height = 416’ (26’) Lowest Elevation Point: 389’ Highest Elevation Point: 391’ Average Elevation Point: 390’ Proposed Topmost Point: 416’(26’) 4 86 Application No. PDR08-0034 / 14966 Sobey Road PROJECT DISCUSSION AND SITE CHARACTERISTICS Architectural Style The proposed two-story residence is most similar to a “Country Craftsman” architectural style. The project features a covered entry porch and front poolside patio. The exterior materials consist of horizontal wood siding, natural stone and authentic slate roofing. The design features an above ground level resting on a partially revealed basement level cut into the natural slope of the hillside. The home is characterized by a low-pitch gabled and hipped roof line. The overhanging eaves, revealing rafters and braces emphasize craftsman style. Fireplaces The proposed residence will include four fireplaces. Three of the fireplaces are gas and one will be wood-burning. Per City Code, one wood-burning fireplace is allowed per structure. Trees The City Arborist has approved the removal of four mulberry trees protected by City Ordinance, as they are in conflict with the design and are in fair condition. The applicant removed one Canary Island Date Palm and two pines without permits. The applicant has applied and received an “After-the-Fact” permit for the removal of these trees. The conceptual landscape plan indicates approximately 39 new trees to be planted. As a condition of approval, the Final Landscaping Plan requires all new trees to be 24” box size or greater. Five of those new trees will be of the Native variety, as defined in the City Code. Geotechnical Clearance The project received Geotechnical Clearance from the City Geologist on November 18, 2008. Conditions provided by the City Geologist have been added to the Resolution. Drainage Roof drains will discharge water onto splash blocks. Additional water will either percolate into the proposed landscaping or collect into service drains that follow the natural terrain and flow onto the western portion of the site, where it will dissipate and seep into the native soil. Energy Efficiency The project includes a hydronic under floor heating system. High efficiency insulation will be installed in the walls and attic. All exterior windows and doors will incorporate Low-E glass. The design incorporates covered porches and roof overhangs to create shaded, cool areas. The building fits a portion of the structure (basement) into the hillside to reduce wall exposure and provide wind protection. The proposed landscaping and planting of trees on the north and south property line will form a wind buffer. All planting will be irrigated with automatic water conserving irrigation. Energy Star® appliances will be used throughout the home. Neighbor Correspondence 5 87 Application No. PDR08-0034 / 14966 Sobey Road The applicant obtained signed notification forms from the adjacent neighbors. Two of the adjacent neighbors (18600 Rancho Las Cimas and 14976 Sobey Road) and one additional property owner (14971 Quito Road) expressed the following concerns with the project. • 18600 Rancho Las Cimas - The property owner had concerns with the height of the proposed new home, planting of tall trees, and the undergrounding of utilities. The applicant constructed story poles to demonstrate the roof ridge of the project. Once the proposed height was seen by the neighbor, his concern was eliminated. Staff believes the view corridor impacts from trees would only occur in the rear yard. As conditioned, no trees reaching 50-feet in height, at full maturity are allowed to be planted in the required rear yard. The landscaping plan has no new trees proposed in the rear yard. An existing power pole is located on 14906 Sobey Road. Utility cables from this pole run along the eastern portion of the project site (14966 Sobey Road). The neighbor was informed that the City does not have the authority to require the applicant to underground cables crossing their property and that the pole is not located on the subject property. • 14976 Sobey Road – The property owner expressed concerns regarding second story privacy impacts, proposed guest parking on the private street, and construction trucks on the owner’s property. The applicant is proposing tree landscaping to be planted on the southern property line and has omitted windows and balconies from the second story north and south elevations to alleviate privacy concerns. The applicant has removed the guest parking proposed on the private street and informed the neighbor that construction trucks will not turn onto his property. Although the neighbor expressed gratitude for the changes, he does not believe the applicant has thoroughly addressed the issue of privacy. • 14971 Quito Road – The property owner expressed concerns regarding the height of the house and interference with views from their rear yard. Staff believes the project will not unreasonably interfere with the view since the applicant has met the allowable height limit and located the second-story portion beyond the minimum second story setback requirement. 6 88 Application No. PDR08-0034 / 14966 Sobey Road General Plan Findings The proposed project is consistent with the following General Plan Policies: Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed project incorporates earth tone colors and materials, such as authentic slate and natural stone, that blend in well with the existing surroundings. The project will also follow the natural hillside topography in order to minimize the prominence of the structure while increase the compatibility with the natural terrain. Land Use Element Policy 5.0 – The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed project has utilized policies and techniques from the Saratoga Residential Design Handbook such as designing the structure to follow the natural slope contours of the project site to minimize its perception of bulk, maximizing energy efficiency by locating portions of the residence into the grade to reduce wind exposure, and utilizing landscaping to screen living areas most sensitive to privacy. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy to adjacent properties by doing the following: a. Locating the second-story structure out of the direct line-of-sight of neighboring properties. b. Removal of second-story windows facing the north and south properties, in order to protect neighboring privacy. c. Situating the proposed home on a lower portion of the lot in order to follow the contours of the site slope while protecting the views, to the maximum extent feasible, of elevated properties located to the east. d. The new construction is located toward the rear of the lot, providing an increased front setback greater than the minimum required by the Municipal Code. e. To the east of the proposed building, the site slopes upward to existing dense landscaping. The parcels to the north and south are well screened with existing and proposed landscaping. 7 89 Application No. PDR08-0034 / 14966 Sobey Road f. Extensive tree planting using both existing and new trees is proposed on the south property line, adjacent to the access easement, in order to create a visual barrier between properties to the south. (b) Preserve Natural Landscape. Seven protected trees will be removed. The building has been located in an effort to minimize impacts on all other existing trees. The 30 existing trees potentially impacted by the project will be protected during construction and incorporated into the formal landscaping plan. Additionally, 39 new trees will be added to the site. The area to the west of the residence will have a vineyard. (c) Preserve Native and Heritage Trees. One four inch oak is in conflict with the design and proposed for removal. No Heritage trees are located onsite. As conditioned, 39 new trees will be added to the site. Five of those new trees will be of the native species, as defined per City Code. (d) Minimize perception of excessive bulk. The project incorporates an earth tone color pallet and high-quality materials into its design. These materials include horizontal wood siding, natural stone veneer, and authentic slate. These colors and materials will reduce the perception of excessive bulk in the rural environment. The size of the second story is located to the center of the building footprint so that the majority of house footprint is a single story. The project has been designed to follow the natural contours of the existing slope, thereby minimizing the prominence of the structure, and increasing the compatibility with the natural terrain. (e) Compatible bulk and height. The proposed home is compatible in terms of bulk and height with the existing residential structures on nearby lots. The varying rooflines, architectural detailing, and high-quality exterior materials will minimize the perception of bulk. The height of the project is consistent with adjacent properties. (f) Current grading and erosion control methods. The applicant has submitted a grading and drainage plan incorporating current grading and erosion control methods. The geotechnical report recommendations are included as a condition of approval. Furthermore, the project is conditioned to require retention of stormwater on site, to the maximum extent reasonably feasible. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in that the design will follow the sites natural contours, utilize materials that blend with the natural environment, use landscaping to screen living areas most sensitive to privacy, protect neighbor’s privacy by proper site planning and the use of appropriate landscape, and locating portions of the residence into the grade to reduce wind exposure and provide wind protection. 8 90 Application No. PDR08-0034 / 14966 Sobey Road 9 STAFF RECOMMENDATION Staff recommends that the Planning Commission find this application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval. 2. Neighbor Notification 3. Arborist Reports and tree fencing by City Arborist Kate Bear, dated November 17, 2008. 4. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 5. Reduced Plans, Exhibit "A". 91 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 28, 2009 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Assistant Planner Michael Fossati and City Attorney Bill Parkin PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of January 14, 2009. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kumar, the Planning Commission minutes of the regular meeting of January 14, 2009, were adopted. (6-0) ORAL COMMUNICATION Director John Livingstone advised that the representative from PG&E was unable to make this evening’s meeting. His presentation will be rescheduled for a meeting in February. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted. REPORT OF APPEAL RIGHTS Chair Cappello announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR There were no Consent Calendar items. 92 Saratoga Planning Commission Minutes of January 28, 2009 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #MOD08-0004 (410-10-003) Douglas, 18595 Avon Lane: The applicant requests Modification to an approved Design Review application. Original February 14, 2007, approval was for a 5,844 square foot, 24-foot, 10-inch tall single-family residence with related site improvements. Proposed modifications include the construction of a new 15-foot tall carport in the southeast corner of the lot and reductions in the amount of impervious site coverage. The site is zoned R-1-40,000. (Chris Riordan) Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Distributed the color board from the original approval and advised that it is still applicable. • Advised that the applicant is seeking approval of a Modification to a previously approved Design Review application to allow the addition of a new 15-foot tall two-car carport and a reduction in the amount of impervious coverage that includes the elimination of the proposed pool and spa. • Stated that the rustic design and materials of the carport would match those used on the main residence. • Explained that due to existing vegetation and the location of the proposed carport on the lot, it would only be visible to two neighbors who share the common driveway. Both neighbors are supportive. • Said that no trees would be removed and/or affected by the project. • Recommended that the Planning Commission approve the Modification to an approved Design Review application. Chair Cappello pointed out that the address numbers have been transposed on the draft resolution. Planner Michael Fossati said that the correct address is 18595. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Steve Douglas, Bob Taylor Homes, Morgan Hill: • Said that the staff report thoroughly covers this request. • Stated that the high points of this request are the addition of a two-car carport. The carport would be a 484 square foot structure within the 15-foot height limitations. It meets all the required setbacks and is well beyond most of them. • Added that the materials and colors are the same as the residence, which is nearing completion. • Said that existing and new landscaping and a wood fence that will be constructed will screen the structure. • Reminded that they have obtained the support of the neighbors. • Advised that the maximum impervious coverage would be reduced to 33 percent from the 35 percent originally approved. 93 Saratoga Planning Commission Minutes of January 28, 2009 Page 3 Commissioner Hlava said that one of the ways that the impervious coverage is being reduced is by not constructing the swimming pool originally approved with the project. She cautioned that if someone were to buy this home there would be no possibility of adding a pool because the project is at its maximum. Mr. Steve Douglas said that there is still roughly 750 square feet available. He added that he frankly did not want a pool with a spec house. Not all potential buyers want a pool, especially those with young children. It remains to be seen if the new owner will want a pool or not but he said that, if so, they would have to come back. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Hlava said that she did not have any problems with this project at all. The house is almost done and it is absolutely gorgeous. This carport will be a fine accessory structure. She added that she could make all required findings. Commissioner Kundtz said he wanted it on the record that in general he is an exponent of carports when they are visible from the street. In this case, the carport is tastefully done and there are no issues with neighbors having a view of it. Commissioner Rodgers pointed out that even from Avon Lane, it is not that visible from the road. She said that she too is skeptical about carports but looks at them one at a time. This time she has no problem. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Zhao, the Planning Commission approved Modifications (Application #MOD08- 0004) to a previously approved Design Review application (approved February 14, 2007) to include the addition of a new 15-foot tall carport and a reduction in impervious site coverage on property located at 18595 Avon Lane, with the correction to the address on the resolution, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 Commissioner Zhao advised that she would need to recuse herself for this item as her husband has a professional relationship with the architect for this project. APPLICATION #PDR08-0034 (397-04-061) Jean, 14966 Sobey Road: The applicant requests Design Review approval to construct a new two-story, single-family detached 94 Saratoga Planning Commission Minutes of January 28, 2009 Page 4 residence, a three-car garage and a daylight basement. The project includes 3,246 square feet of floor area at the main level, 1,555 square feet at the upper level and 953 square feet of garage space, totaling 5,754 square feet. The basement will encompass an additional 1,724 square feet of living space. Per Saratoga Municipal Code (SMC) Section 15-06.090, the floor area of basement will not be included in the allowable floor area calculation. The proposal also includes removal of five Ordinance-sized trees (four Mulberries and one Canary Island Date Palm). The Date Palm was removed prior to applying for a tree removal permit. All five trees have been authorized for removal by the City Arborist. The applicant has submitted an after-the-fact tree removal permit for the Date Palm. The maximum height of the proposed residence will be not higher than 26 feet. The net lot size is 37,524 square feet and the site is zoned R-1-40,000. (Michael Fossati) Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Provided a material and color board for this project. • Advised that the applicant is seeking Design Review approval for a new two-story single- family residence. • Said that this project is Categorically Exempt under CEQA. • Described the project as having a total FAR of 5,754 square feet including two floors, two garages and an additional 1,700 square feet in basement space. • Reported that five ordinance-size trees (four Mulberries and one Canary Island Date Palm) would require removal. • Added that the applicant has submitted a conceptual landscaping plan indicating the planting of 39 new trees, which will be 24-inch box or larger and will include at least five of them in native species. • Said that the building materials include slate roof, horizontal wood siding and a natural stone veneer. Colors are earth tone browns. The project meets all height and floor area requirements. There are actually four fireplaces rather than the three shown on the staff report. All are gas. There is no wood-burning fireplace. • Explained that geotechnical clearance was granted and the project requires approximately 1,500 cubic yards of grading in order to fit the structure into the existing hillside. • Reported that just prior to this meeting, a handout was provided by the applicant demonstrating the green components of the project. • Advised that neighbors within 500 feet were noticed. Some have expressed concern about impacts on views and the size of the project. Their comments have been incorporated into the staff report. • Said that staff feels the General Plan and Design Review findings have been met and recommends that the Planning Commission approve the exemption from CEQA and the required findings to allow the project. Commissioner Rodgers asked Planner Michael Fossati to explain the difference between a conceptual and actual landscape plan. Planner Michael Fossati explained that a conceptual landscape plan has the number of trees and proposed landscaping for a site but not the exact tree names. Oaks, Redwoods and irrigation were not called out exactly. However, it has been conditioned that 39 trees of 24- inch box size or greater be planted with at least five of them being of a native species. 95 Saratoga Planning Commission Minutes of January 28, 2009 Page 5 Commissioner Rodgers asked if they should be planted prior to building final. Planner Michael Fossati replied yes. Commissioner Rodgers asked staff to verify that the 20-foot high dining room walls have been properly double counted as required by Code. Planner Michael Fossati replied correct. Chair Cappello opened the public hearing for Agenda Item No. 2. Mr. Martin Oakley, Builder and Applicant’s Representative: • Said that he was asked to represent the property owners who are on a planned three- month vacation. • Thanked Planner Michael Fossati for an excellent job on describing this project. • Said that they have met the findings as best as possible and have designed a custom home specifically for this property. • Reported that the initial concept was to create a single-story residence containing a majority of the living area together with a second story having two bedrooms and two bathrooms. • Said that because of the narrow width of the property and its length and slope, it was virtually impossible to get the necessary living area on a single-story. A daylight basement was designed to take advantage of the spacious front portion of their property to accommodate their swimming pool and outdoor living area. • Advised that Mr. and Mrs. Jean live in the house adjacent to the north of this property, which was built about seven or eight years ago. They have since realized that they don’t need a house of that size any more and that’s why they purchased this property over a year ago in order to build somewhat of a smaller house. • Added that they still have a requirement of being able to entertain their family. They have a large family with a great number of grandkids that visit them frequently. That is the primary reason for a house of this size and design. • Assured that all of the exhibits and documents really describe this project to its full extent and detail. Michael Fossati’s report has also described it in the same manner. • Reminded that an additional page was submitted with energy efficient components introduced in this home. It was submitted to demonstrate that they are going beyond what is normally required in energy efficiency. • Said that he hasn’t heard about any concerns of the project itself although he understands some neighbors have concerns. • Added that he would like an opportunity to address any issues raised after they speak. Commissioner Rodgers asked about the two side-to-side, back-to-back fireplaces. They appear to be kind of an innovative situation. 96 Saratoga Planning Commission Minutes of January 28, 2009 Page 6 Mr. Martin Oakley said that one is in the library. The common wall to that is the master bedroom. These two fireplaces are stand-alone fireplaces. They are back to back but they are not see-through. Rather it is a standard, front-viewing fireplace. Commissioner Rodgers pointed out that they have a chimney and the others do not. Is that right? Mr. Martin Oakley: • Explained that with gas-burning fireplaces there is no typical chimney involved. They house the flues in a structure on the roof, which would normally be a chimney in the old days for a wood-burning fireplace. • Added that they do that for architectural reasons instead of having a flue sticking out of the roof at the front elevation. If the flue is not visible from the front of the house (such as at the back on the roof) then they just have the flue. • Stated that there is no need for a wood-burning fireplace. Commissioner Rodgers: • Thanked Mr. Martin Oakley for putting together the energy saving plan and for being so energy efficient. • Said that she always loves looking at Mr. Oakley’s houses because he has such interesting features in them. • Reported that she was looking at the three stories and noticed that from the main floor down to the basement level, there is a door to close off the basement. • Stated that she assumes this is for energy conservation purposes so that heat can be kept in the area below. • Added that right next to it, there is a stair leading up to the bedroom area on the upper floor. • Said that it occurred to her that if a door was put there and if a way was found to close off the dining room that is two-stories tall, either with glass or heavy curtains, they could also isolate the second floor and keep that floor at a comfortable temperature for the occupants and also saving energy. • Said that she just wanted to put that idea out. Mr. Martin Oakley: • Said that today’s home is quite a bit more open in both horizontal and vertical area. • Explained that the reason they have a tall ceiling in the dining room is because it is situated in the center of the house. If there is going to be a roof over that area that is in common with the bedrooms upstairs, they basically just took advantage of that volume. • Reminded that the roof is still going to be at the second floor level. • Added that if they were going to make the dining room height single-story, it wouldn’t make sense to have a two-story with a hole in the middle of it only to have a lower ceiling. • Pointed out that this height has been double counted. • Stated that the stairwell to the upstairs level is not meant to have a door. That is not a conducive design. • Said that as for the energy efficiency for heating and cooling the first and second floor, that opening really has nothing to do with it. This house is hydronically heated on all three 97 Saratoga Planning Commission Minutes of January 28, 2009 Page 7 levels and there are actually three air changers, which are the cooling units so there is one for each level. • Advised that when Mr. and Mrs. Jean are there alone, they basically will be living on the main level. That is where their master bedroom is located. • Said that the upstairs is mainly for when their kids come to visit. Therefore, the temperature up there can be set at 55 or 60 or whatever they want. Same for the basement. • Reiterated that this whole house is controlled and it can be heated from room to room. Commissioner Rodgers explained that she was thinking that the air exchange might alter or decrease heated air. Mr. Martin Oakley clarified that with hydronic heat there is no air exchange. It’s radiant heat. He assured the Commission that this design is probably the most efficient that it could be as far as heating and ventilation. Commissioner Rodgers asked about the blown in insulation and recounted problems she became familiar with while living back east. Mr. Martin Oakley: • Explained that today’s product is not the same. In an optimum application 2 x 6 walls have netting in place. A hole is poked into the wall and a two-inch tube is used to pump the insulation into that cavity. The stud base is 16-inches wide and within one minute, the entire cavity is filled with this insulation. There’s not a single crevice that is void. Therefore, there is no air, nothing. • Advised that the word “blown” is actually just how they install the insulation material. Commissioner Rodgers asked if it is expanding foam. Mr. Martin Oakley replied no, it’s not that either. That is one type. He added that the specs for this product were provided to staff. Commissioner Rodgers thanked him for providing that information. She added that if she were the owner, she would reverse the pool ends, shallow and deep, so that the deep end is further from the barbecue area in order to avoid soaking by cannonballs. Mr. Martin Oakley said that is funny because he had proposed that in his plan and they asked him to change it. He added that the placement of the barbecue area was dictated by the space available. Commissioner Hlava asked about the placement of the house. Does everything move forward by 10 feet? Mr. Martin Oakley said that the width of the house is the same as the existing single-story house is now but slightly larger and does come forward by 10 to 12 feet. This was done to minimize cut into the slope and to balance the pool elevation with the pad elevation for the main floor. 98 Saratoga Planning Commission Minutes of January 28, 2009 Page 8 Commissioner Hlava asked if this would be 10-feet further than other homes in the immediate area. Mr. Martin Oakley said it would be 10 to 12 feet closer to the front property line. Commissioner Hlava said that she was concerned about the homes behind it. Is doing this mean the house is further away from them? Mr. Martin Oakley replied yes. He added that the closest home is 170 feet away. Moving the structure forward is really insignificant as far as impact. He said that they specifically did it because the design required it and it was the best design for that location. He added that it is clear that on this lot the new house has to go where the existing one is. It was common sense and it all came together. Mr. Dennis McPharlin, Resident on Rancho Las Cimas Way: • Said that he is a 30-year resident and loves this City. He hopes to be here another 20 years. • Said that he knows Mr. Jean and has no problem with the house. The ridgeline has been defined and that is something that he can live with. • Advised that his concern is that’s his main view corridor. • Stated that he is concerned that the planting scheme on the back be controlled with tree sizes that won’t grow up so large as to obliterate his views. How is that conditioned? • Asked the Commission how that provision can be protected for the long haul. He said that he would not have the right to go onto someone else’s property. • Explained that a second issue was a telephone pole that was relocated when Mr. Jean built homes on Lots 2 and 3. At that time he was required to put the power lines underground and relocate this phone pole. It is now in his view shed. • Asked for a letter from the City Attorney stating that the City cannot require the undergrouding of these phone lines with this project as he would like to see him finish the undergrounding. Commissioner Hlava asked Mr. McPharlin if he is assuming that for this current site, Mr. Jean should have to underground the lines from that phone pole? Mr. Dennis McPharlin said that Mr. Jean relocated that pole at the time he built the two other homes. Why was it okay then but not now to require undergrounding? Ms. Diana Anderson, Saratoga Resident: • Explained that she is speaking on behalf of her husband who cannot speak for himself this evening. • Reported that they live directly above this property. • Provided a photograph that shows what they will see and said that it is upsetting. • Said that they have lived here for 40 years. They volunteer and are good citizens. • Stated their objections, expressing their impression that this is a spec house. 99 Saratoga Planning Commission Minutes of January 28, 2009 Page 9 • Asked why the builder has the right to build a monster three-story home, one block from their single-story home? Why do they have the right to build a spec home at all? • Said that homes in the upper area are mostly three levels but not in their area. • Complained that she had been under the impression that the planners would be coming to their home at 4 p.m. yesterday and they never came. • Advised that they feel they have been left out of the planning process. They were never visited and the planners should have visited. • Added that they were unaware of this project until the orange netting went up. Even the orange netting is deceiving. It is just on one side and should reflect all four sides. • Said that they have a right to be upset and they hope the Commission considers their concerns. • Expressed concern about the potential of 29 new trees, which could cause them to lose more of their views. That is adding injury to insult to add more damage to their view. Commissioner Hlava said that the Commission and staff did drive past her house yesterday afternoon but since the group was running late, she had suggested that it was not necessary to stop. She expressed her regrets about that now but said that they did have pictures from the Anderson property to look at. Ms. Colleen Polio, Resident on Sobey Road: • Said that she is an 18-year resident of this area. • Said that she has concerns including the fact that an effectively three-story home is incompatible with the neighborhood. The basement is completely visible and appears to be a first story of a three-story house. It is out of character with the neighborhood of mostly one to two-story homes. • Added that the basement should not be visible and include three sets of double doors. • Expressed concern about drainage at the lower level of the property and asked that the City make sure that the upgrading and undergrounding of the drainage pipes be required. • Asked that there be no negative impact from grading, no erosion of the road and no damage to the private road by trucks with appropriate protections for the construction process. • Stated her concern about the post-effect application for the removal of the Palm tree that was in the path of their new driveway. They seek forgiveness now rather than permission and she recommended that there be sanctions for that action. Mr. Subhash Chowdary, Resident on Sobey Road: • Expressed appreciation for the time taken to make the site visit. • Reported that he was not told about this project until his neighbor told him yesterday about this three-story home. • Pointed out that he will see it from his driveway and from his house. • Questioned whether the private road could accommodate construction traffic. Mr. Jack Mellati, Resident on Sobey Road: • Explained that his home is the second house up the private road. • Stated that his biggest concern is the bulkiness of this proposed three-story home. 100 Saratoga Planning Commission Minutes of January 28, 2009 Page 10 • Said he has lived in his home for 10 to 11 years and has the best view of the whole area from his home, as it is located on a knoll. It is pretty high up there. • Opined that this is a very large home that does not go with the one to two-story neighborhood. • Reported that he too was unaware of this project until last night. Mr. Martin Oakley, Project Representative: • Said that in response to the first neighbor’s concern about the existing pole, it has been explained that it is not Mr. Jean’s responsibility as far as determining what was to be undergrounded at the time he built his home. It was up to PG&E. • Pointed out that that pole in question affects five to six houses up the road in order to be placed underground. • Reminded that they have met the City’s design criteria with this design. They have used everything in the design guidelines. • Admitted that it is three stories. The basement is where it is because that is the lowest point of the property. Again, it has been designed per Code. The front of this property is only viewed by driving up the private road. • Said that the neighbor to the left, Lot 6, can’t see the existing house because of existing trees so that comment doesn’t make any sense. • Said that as to Lot 6, that neighbor’s initial concern was standing on his putting green or porch and seeing a house. There is a house there now. • Added that they intend to fill in the gaps in screening. • Assured that there is not a privacy issue. There is no privacy invasion or obstruction of views. • Said that he is not sure why some people were not notified but it may simply be because their properties are not within the required 500-foot radius noticing area. Commissioner Hlava asked Mr. Martin Oakley to discuss the issue of drainage in the vineyard area. Mr. Martin Oakley said that they are only lowering the existing pad area by two feet. There are no alterations to any other grades. From the pool down is not touched. He added that they are connecting to the catch basin. Commissioner Hlava pointed out that private roads are always a concern. Is there going to be bonding to ensure that any damage to the road as a result of construction would be taken care of. Mr. Martin Oakley: • Pointed out that this private road is in very good shape and was constructed using the same standard as is used for a public road such as Sobey Road. • Added that the house would be demolished by hand although they will still have to haul away the debris, which will be recycled. • Assured that if they damage the road, they will fix it. 101 Saratoga Planning Commission Minutes of January 28, 2009 Page 11 Commissioner Hlava pointed out that from the road there is no screening at all. Would he accept a condition that trees be planted around the vineyard? Mr. Martin Oakley: • Replied yes. • Added that the conceptual landscape shows the features and intentions of the design but they are leaving it up to the City to tell them what they want provided. • Continued that there is no planting on the existing slope proposed except, perhaps, for some additional ground cover. • Clarified that this is not a spec house but rather it was designed and is being built for the Jeans. Commissioner Rodgers asked if grapes could successfully be planted in the vineyard area without providing further drainage on that portion of the property. Mr. Martin Oakley: • Said that it would be up to the wine growers to determine how best to use this area. • Added that all he is doing with this project is trying to collect the water to one source. • Assured that there is no way that water can drain and flood the road as this property is lower than the road. • Reiterated that by developing this property and planting vineyards, they are not altering grades or drainage patterns whatsoever. Commissioner Rodgers expressed concern over the differences between the basement square footage and the proposed amount of cut. Mr. Martin Oakley explained that the square footage of the basement represents area while the cubic yards of cut represents volume. They are two different things. He added that a licensed civil engineer calculates the grading amount. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Rodgers asked staff about the permanent condition requirement for maximum tree heights. Planner Michael Fosseti said that Condition 3 has a tree planting restriction to protect the view of the rear neighbor. Commissioner Kundtz asked if they should include a condition of approval covering any damage to the road. Commissioner Rodgers pointed out that the road is private. City Attorney Bill Parkin added that issues of the private road are a private civil matter. Chair Cappello asked for further comparison between a basement and a daylight basement. 102 Saratoga Planning Commission Minutes of January 28, 2009 Page 12 Director John Livingstone explained that traditional basement is completely underground. A basement on a hillside lot can have a portion that can be day lighted. This occurs on a sloped lot, which provides the opportunity of having that daylight portion. He added that this was added to the Code specifically for Hillside lots. Commissioner Rodgers pointed out that instead of giving a three-story effect, many houses are designed to step down a hill. Why was that not done here. Director John Livingstone replied that a lot of variables that go into a design. He added that when looking at elevations on paper, one is not seeing all of the dimensions of a project. Commissioner Hlava: • Expressed remorse for having recommended to not stop at the Anderson property during the site visit. • Asked if anyone feels that there is not enough information to proceed this evening. • Said that she feels that the biggest scar on the landscape is the telephone pole. • Added that she is not sure why it is such a big and tall pole. However, it is not under the City’s control once a subdivision is done. Chair Cappello responded that he believes there is enough information to assess each of the findings. Commissioner Kundtz said he too was okay. Commissioner Kumar: • Said that unfortunately he was unable to make the site visit as he was on business travel. • Added that after listening to the neighbors he is struggling quite a bit. • Stated that this is difficult terrain. • Suggested a continuance to do another site visit. • Advised that if a decision must be made tonight, he said he finds the home bulky and is not in favor of it. However, he prefers a continuance to making that decision this evening. Commissioner Rodgers: • Said that she is fine with proceeding tonight • Stated that it can be difficult when putting a new house into a neighborhood where there are houses that have been there for 40 years or longer. It is difficult when the types of houses built are changing. • Added that there are statutory criteria that this Commission evaluates. The only ones that might give some concern are those of bulk, height and compatibility with the neighborhood. However, there are similar houses in the nearby area. • Suggested that this home will be better for neighbors as it uses muted colors, a slate roof and includes a landscape plan. • Expressed support for conditioning a full landscape plan rather than just a conceptual plan. • Said that concerns about bulk are addressed by articulating the house. She said that she thinks that this design makes that effort. There is not an unreasonable appearance of bulk. 103 Saratoga Planning Commission Minutes of January 28, 2009 Page 13 • Stated that regarding views, she is willing to say that impacts will be quite reasonable and perhaps less of an impact than neighbors might think. • Said that while she has concerns about potential flooding on the lower level, she will trust the Building Department to make sure the site drainage is properly handled. • Pointed out that the evaluation criteria for spec houses are no different from that used to evaluate a home being built for someone specific. Every house is looked at on an even playing field. • Advised that she can make all the findings for this project. Commissioner Kundtz: • Agreed. • Said that he too supports requiring a full landscape plan within the approval resolution. • Advised that he stood in neighbors’ yards. They have lovely homes on flat properties. The Jeans are on a hillside. • Stated that this proposed house is compatible with the neighborhood. There is not an unreasonable impact on views and privacy. It is not excessively bulky. • Concluded that he could support this proposal. Commissioner Hlava: • Said that the impression of bulk will not appear excessive when the house is built and it is evident that the second floor is stepped in. • Pointed out that there are larger homes in this neighborhood. • Added that future owners will likely rebuild existing smaller homes in the neighborhood with larger ones. • Stated that this project is compatible with the neighborhood and is not excessive in bulk. • Agreed that the pole is awful but there is nothing that can be done about that. • Opined that there would not be much impact from this house on views and privacy. • Supported the requirement for a landscape plan. • Said that putting in screening trees across the existing driveway that currently provides access to the vineyard area and creating a new access is a good idea. • Asked if Condition 22 is to be recorded as permanent. Director John Livingstone said that there is a natural break on the plan where there are no trees or anything that could offer an alternative access to the vineyard. Commissioner Kumar said that he has already had his say and is not comfortable with the bulk and height or with the concerns raised about view and privacy impacts. Therefore he cannot make the necessary findings to support this project. Chair Cappello: • Said that most points have been said already. • Stated that on the perception of bulk, the design cuts into the hillside quite nicely. The first floor is reduced by two feet as compared to the current house on site. The second floor has half the square footage of the first floor. • Added that the second story portion is visible but represents a small portion of this home. • Reiterated that a one-dimensional drawing gives a false impression. 104 Saratoga Planning Commission Minutes of January 28, 2009 Page 14 • Said that there is not an “unreasonable” or excessive impact on views. This house is far from neighboring homes. • Said that he can make the findings and can vote for approval with the requirement of a landscape plan with an access point to serve the vineyard. Mr. Bill Parkin suggested adding a requirement, “for a final landscape and access plan subject to approval by the Community Development Director,” and making Condition 3 a permanent condition. Chair Cappello said that sounds good. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval (Application #PDR08-0034) to construct a new two-story, 5,754 square foot, single-family detached residence, with 1,724 square foot basement, on property located at 14966 Sobey Road, as amended by the City Attorney and adding a sentence at the end of Condition 3 reading, “This shall be a permanent condition of approval,” by the following roll call vote: AYES: Cappello, Hlava, Kundtz and Rodgers NOES: Kumar ABSENT: None ABSTAIN: Zhao *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, Chair Cappello adjourned the meeting at approximately 8:41 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 105 106 1 0 7 108 109 110 111 1 1 2 1 1 3 AFFIDAVIT OF MAILING NOTICES I, Abigail Ayende , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Community Development Director on the 12th day of March , 2009, that I deposited 41 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-90.070(a) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: Address: 14966 Sobey Road APN: 397-04-061 that on said day there was regular communication by United States Mail to the addresses shown above. ______________________________ Abigail Ayende City of Saratoga 114 NOTICE OF PUBLIC HEARING The City of Saratoga’s City Council announces the following public hearing on: Wednesday, the 1st day of April, 2009, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: APCC09-0001 / 14966 Sobey Road APPLICANT/OWNER: Anderson / Jean APN: 397-04-061 DESCRIPTION: The applicant has requested an Appeal of Design Review Approval by Planning Commission to allow construction of a new two-story, single-family detached residence, a three (3) car garage and a daylight basement. The project includes 3,246 sq. ft. of floor area at the main level, 1,555 sq. ft. at the upper level, and 953 sq. ft. of garage space, totaling 5,754 sq. ft. The basement will encompass an additional 1,724 sq. ft. The proposal also includes removal of five Ordinance size trees, authorized for removal by the City Arborist. The maximum height of the proposed residence will be not higher than 26-feet. The net lot size is 37,524 square-feet and the site is zoned R-1-40,000. In accordance with the Saratoga City Code, 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. When an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council has 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. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City Council pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the City Council’s information packets, written communications should be filed on or before Tuesday, March 24, 2009. A site visit will be held on the Tuesday proceeding to the hearing date above as part of the standard Site Visit Committee agenda. Site visits occur at 9:00am. The site visit is open to the public. The Site Visit Committee will convene at the City Hall parking lot at 9:00am on the Tuesday preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the City Clerk at 408-868-1269 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati, (408) 868-1212 /s/ Ann Sullivan, CMC City Clerk 115 NOTICE OF PUBLIC HEARING – NEWSPAPER NOTIFICATION NOTICE IS HEREBY GIVEN that the City Clerk of the Saratoga City Council, State of California, has set Wednesday, the 1st day of April 2009, at 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for a public hearing on: APPLICATION #APCC09-0001 (397-04-061) – 14966 Sobey Road; Appellant - Jean: Appeal of a Planning Commission approval of application PDR08-0034 to construct a two-story, single-family residence at 14966 Sobey Road. The project would include construction of 3,246 square feet of floor area at the main level, 1,555 square feet at the upper level, and a 953 square foot garage. Total proposed floor area would be approximately 5,724 square feet, not including the 1,754 square foot proposed basement. The maximum height of the proposed residence would be approximately 26 feet. The gross lot size is approximately 48,000 square feet and the site is located in the R-1-40,000 zoning district. Design Review approval is required pursuant to Saratoga City Code Section 15-45.060. In accordance with the Saratoga City Code, 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 has 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. A mailed notice has been sent to all owners of property within five hundred (500) feet of the project that is the subject of the appeal hearing described above. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. In order for information to be included in the City Council’s information packets, written communications should be filed on or before the Tuesday, a week before the meeting. In order for information to be included in the City Council’s information packets, written communications should be filed on or before the Tuesday, a week before the meeting. All interested persons may appear and be heard at the above time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to, the public hearing. A copy of any material provided to the City Council on the above hearings is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed to the City Clerk, (408) 868-1269. /s/Ann Sullivan, CMC City Clerk PUB: 03/18/09 116 January 11, 2009 500' Ownership Listing Prepared for: 397-04-061 JAMES JEAN 14966 SOBEY RD SARATOGA CA 95070 397-04-013 FELIX BERNARD R 4107 WOODBRIAR CT SUGAR LAND TX 77479 397-04-014, 119 STEPHEN LUCZO PO BOX 67249 SCOTTS VALLEY CA 95067-7249 397-04-015 HARPREET & PAYAL CHADHA OR CURRENT OWNER 14900 SOBEY RD SARATOGA CA 95070-6236 397-04-061 JAMES JEAN 14906 SOBEY RD SARATOGA CA 95070-6236 397-04-063 MICHAEL & KIM SINGLETARY OR CURRENT OWNER 14982 SOBEY RD SARATOGA CA 95070-6236 397-04-070 KENNETH A OKIN OR CURRENT OWNER 14880 SOBEY RD SARATOGA CA 95070-6286 397-04-071 PENNY L RIGSBEE OR CURRENT OWNER 14920 SOBEY RD SARATOGA CA 95070-6236 397-04-082 JAVAD & MITTA ASHJAY 14403 SOBEY RD SARATOGA CA 95070-5607 397-04-083 WILLIAM M & CLAUDIA WEIST OR CURRENT OWNER 14952 SOBEY RD SARATOGA CA 95070-6236 397-04-089 RICHARD L & COLLEEN POULIOT OR CURRENT OWNER 14976 SOBEY RD SARATOGA CA 95070-6236 397-04-090 ANDREA SKOV OR CURRENT OWNER 14970 SOBEY RD SARATOGA CA 95070-6236 397-04-093 JAGDISH G & SHAKUNTALA BELANI OR CURRENT OWNER 14960 SOBEY RD SARATOGA CA 95070-6236 397-04-094 SUBHASH & UMA CHOWDARY OR CURRENT OWNER 14964 SOBEY RD SARATOGA CA 95070-6236 397-04-118 FRANKIE J & DORIS YOUNGBLOOD 14820 SOBEY RD SARATOGA CA 95070-6286 397-04-124 ANAFLOR SMITH OR CURRENT OWNER 14910 SOBEY RD SARATOGA CA 95070-6236 397-04-125 JEAN LIVING TRUST OR CURRENT OWNER 14906 SOBEY RD SARATOGA CA 95070-6236 397-06-022 ALLAN TO OR CURRENT OWNER 14975 QUITO RD SARATOGA CA 95070-6263 397-06-023 RICHARD F & DIANA ANDERSON OR CURRENT OWNER 14971 QUITO RD SARATOGA CA 95070-6263 397-06-051, 085 NADINE MCCULLOUGH OR CURRENT OWNER 14985 QUITO RD SARATOGA CA 95070-6263 397-06-091 W & VIVIANE ROTH OR CURRENT OWNER 18593 ARBOLADO WAY SARATOGA CA 95070-6205 397-06-092 AJAY & KAAJAL NARAIN OR CURRENT OWNER 18596 ARBOLADO WAY SARATOGA CA 95070-6205 397-06-093 ROBERT J & DIANE GROSSO OR CURRENT OWNER 18564 ARBOLADO WAY SARATOGA CA 95070-6205 397-06-094 BARBARA K FOX OR CURRENT OWNER 18585 RANCHO LAS CIMASWAY SARATOGA CA 95070-6256 397-06-095 RICHARD & FRANCE PAPAPIETRO OR CURRENT OWNER 18601 RANCHO LAS CIMASWAY SARATOGA CA 95070-6256 117 397-06-096 DENNIS MCFARLANE OR CURRENT OWNER 18600 RANCHO LAS CIMASWAY SARATOGA CA 95070-6256 397-06-097 HACKWORTH FAMILY TRUST OR CURRENT OWNER 18586 RANCHO LAS CIMASWAY SARATOGA CA 95070-6256 397-06-098 SUSAN B & R MCCABE OR CURRENT OWNER 18564 RANCHO LAS CIMASWAY SARATOGA CA 95070-6256 397-07-001 ELIZABETH PESCHKE OR CURRENT OWNER 15020 EL QUITO WAY SARATOGA CA 95070-6209 397-07-002 TING YEN OR CURRENT OWNER 15040 EL QUITO WAY SARATOGA CA 95070-6209 397-07-007 SAMUEL STOTZER 5417 NORWICH AVE SHERMAN OAKS CA 91411-3635 397-07-009 INSIK & KYUNGSOO HONG OR CURRENT OWNER 15010 EL QUITO WAY SARATOGA CA 95070-6209 397-07-029 RAJIV V & KALA LIMAYE OR CURRENT OWNER 15050 SOBEY RD SARATOGA CA 95070-6237 397-07-030 THOMAS A & NINA CARINE PO BOX 3183 SARATOGA CA 95070-1183 397-07-031 QUAT TRAN OR CURRENT OWNER 15020 SOBEY RD SARATOGA CA 95070-6237 397-07-064 DAVID D & CHRISTINE KENNEDY OR CURRENT OWNER 15055 QUITO RD SARATOGA CA 95070-6296 397-07-088 VALLURI R & RADHA RAO OR CURRENT OWNER 15115 EL QUITO WAY SARATOGA CA 95070-6209 397-07-089 RAYMOND CHOW OR CURRENT OWNER 15129 EL QUITO WAY SARATOGA CA 95070-6209 397-07-104 LLOYD H & KAREN LUND OR CURRENT OWNER 18665 MAUDE AVE SARATOGA CA 95070-6215 Northern California Carpenters Regional Council Alex Lantsberg, Research Dept. 265 Hegenberger Rd., Suite 220 Oakland, CA 94621 CITY OF SARATOGA ATTN: Michael Fossati 13777 FRUITVALE AVENUE SARATOGA CA 95070 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 118 119 Page 1 of 8 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager Richard Taylor City Attorney SUBJECT: An Ordinance Amending the City of Saratoga Municipal Code to Include a Compilation of Existing Local Laws that Promote Sustainability through the Reduction of Greenhouse Gas Emissions RECOMMENDED ACTION: Adopt the attached ordinance: 1. Introduce and waive the first reading of the attached ordinance after opening the public hearing, accepting public testimony, and closing the hearing. 2. Direct staff to place the second reading and adoption of the ordinance on the agenda for the next regular Council Meeting. BACKGROUND: At its February 1, 2008 retreat, the City Council directed staff to create a new Municipal Code Chapter with cross references to other Code Sections that promote sustainability through the reduction of Greenhouse Gas emissions. Staff has completed its review and concluded that the sections referenced on Attachment “A” meet the above criteria. Staff has also prepared the attached ordinance (Attachment “B”) for Council’s consideration and, if so desired, adoption. FISCAL IMPACTS: There is no fiscal impact associated with adoption of the attached ordinance. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Council would not adopt the attached ordinance and a new chapter would not be added to the Municipal Code. 120 Page 2 of 8 ALTERNATIVE ACTION(S): The Council could request changes to the attached ordinance or could direct staff to pursue other alternative actions. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: List of Municipal Code sections related to sustainability Attachment B: Proposed Ordinance 121 Page 3 of 8 Attachment “A” Chapters and Sections of the City of Saratoga Municipal Code that Relate to Sustainability 2-45.95 Recycled Paper Mandates the establishment of procedures for purchasing recycled paper and paper products, giving preference to recycled materials when all other factors are equal. 4-65.090 Recyclers: Quarterly Reports Requires quarterly reports on meeting waste reduction goals. 6-15.070 Discharge of pollutants into storm drains and watercourses. Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains. 9-70 Transportation Demand Management Promotes the implementation of programs to reduce traffic congestion and improve air quality in the City. 14-25.065 Subdivisions: Design Requirements: Creek protection easement To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified area around a protected creek. 15-16 P-C: Planned Community District Allows for the creation of Planned Community Districts, which include smaller, less expensive housing, in addition to dedicating space for parks and recreation uses. 15-20.050(j) R-OS: Residential Open Space District, Development Criteria: Landscaping In R-OS areas, gives preference to natural, indigenous, and drought-resistant plants. 15-45.055 Residential Design Handbook. Requires that all single-family structures be built in accordance with the guidelines in the Residential Design Handbook, which includes information on energy efficiency and promotes native vegetation and minimizing the amount of paved surfaces. 15-47 Water-Efficient Landscapes To promote water conservation, encourages water-efficient landscaping including programming watering devices to account for weather patterns, using recycled water for landscape irrigation, and grouping plants for efficient watering. Also requires that the City inform new home-owners about water-efficient landscapes. 15-48 Limitations on Wood-burning Fireplaces To improve air quality, limits installation of fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes. 15-50 Tree Regulations Provides for the preservation of trees, which offer both scenic and climatic benefits to the City. Requires approval for the removal of protected trees (15-50.050), and gives the City the power to require the planting of new trees as a condition for approving the removal of a tree (15-50.080). 15-52 Small Wind Energy Systems Enables construction of small wind energy conversions systems for home, farm, and small commercial use. 122 Page 4 of 8 15-56 Second Dwelling Units Section 15-56.030(d) allows additional site coverage and allowable floor area in a second dwelling unit, if that unit is deed restricted to only be rented to below market rate households. 15-80.030(f) Miscellaneous Regulations and Exceptions: Solar panels Full text of 15-80.030(f): Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. 15-81 Housing Density Bonus Provides for incentives for high-density housing that includes housing specifically set aside for senior citizens and low income persons. 16-72 Construction and Demolition Debris Requires a recycling plan for construction and demolition debris for projects with more than 2,500 square feet of floor space. Plans should maximize waste diverted from landfills, and are documented, approved, and overseen by City staff. 16-75.030 Water Conservation Devices Requires that all newly constructed buildings incorporate water conservation devices into plumbing and irrigation systems. 123 Page 5 of 8 ORDINANCE _______ AN ORDINANCE AMENDING THE CITY OF SARATOGA MUNICIPAL CODE TO INCLUDE A COMPILATION OF EXISTING LOCAL LAWS THAT PROMOTE SUSTAINABILITY THROUGH THE REDUCTION OF GREENHOUSE GAS EMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has undertaken a number of measures to promote environmental stewardship, increase community sustainability and reduce greenhouse gas emissions. B. As one part of these efforts, over a number of years, Saratoga’s City Councils have adopted ordinances, currently codified in the City’s Municipal Code, which promote sustainability by directly or indirectly reducing the production of greenhouse gas emissions. C. The City Council desires to compile existing sections of the Municipal Code, and future relevant sections of the Code pertaining to the reduction of greenhouse gas emissions into a new section of the Code, providing a readily accessible reference. Section 2. Adoption. The Saratoga City Code is hereby amended to adopt a new Chapter 17 regarding Sustainability including Article 17-05 “Greenhouse Gas Reduction Policies.” The purpose of this new Article is to compile references to other Municipal Code Sections related to Climate Protection, in order to provide a ready reference to these sections; this Article does not change the City’s existing laws in any way. The full text of the new Chapter and Article are set forth below: Chapter 17 Sustainability Article 17-05 Existing Laws 17-05.010 Greenhouse Gas Reduction Policies. The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking to reduce emissions of greenhouse gases, together with a brief description of each Section. 124 Page 6 of 8 Nothing in this section shall change the meaning of the code sections summarized below and the full text of each section shall apply regardless of the summary below. a) 2-45.95 Recycled Paper. Mandates the establishment of procedures for purchasing recycled paper and paper products, giving preference to recycled materials when all other factors are equal. b) 4-65.090 Recyclers: Quarterly Reports. Requires quarterly reports on meeting waste reduction goals. c) 6-15.070 Discharge of pollutants into storm drains and watercourses. Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains. d) 9-70 Transportation Demand Management. Promotes the implementation of programs to reduce traffic congestion and improve air quality in the City. e) 14-25.065 Subdivisions: Design Requirements: Creek protection easement. To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified area around a protected creek. f) 15-16 P-C: Planned Community District. Allows for the creation of Planned Community Districts, which include smaller, less expensive housing, in addition to dedicating space for parks and recreation uses. g) 15-20.050(j) R-OS: Residential Open Space District, Development Criteria: Landscaping. In R-OS areas, gives preference to natural, indigenous, and drought-resistant plants. h) 15-45.055 Residential Design Handbook. Requires that all single-family structures be built in accordance with the guidelines in the Residential Design Handbook, which includes information on energy efficiency and promotes native vegetation and minimizing the amount of paved surfaces. i) 15-47 Water-Efficient Landscapes. To promote water conservation, encourages water- efficient landscaping including programming watering devices to account for weather patterns, using recycled water for landscape irrigation, and grouping plants for efficient watering. Also requires that the City inform new home-owners about water-efficient landscapes. j) 15-48 Limitations on Wood-burning Fireplaces. To improve air quality, limits installation of fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes. k) 15-50 Tree Regulations. Provides for the preservation of trees, which offer both scenic and climatic benefits to the City. Requires approval for the removal of protected trees (15- 50.050), and gives the City the power to require the planting of new trees as a condition for approving the removal of a tree (15-50.080). 125 Page 7 of 8 l) 15-52 Small Wind Energy Systems. Facilitates construction of small wind energy conversions systems for home, farm, and small commercial use. m) 15-56 Second Dwelling Units. Section 15-56.030(d) allows additional site coverage and allowable floor area in a second dwelling unit, if that unit is deed restricted to only be rented to below market rate households. n) 15-80.030(f) Miscellaneous Regulations and Exceptions: Solar panels. Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. o) 15-81 Housing Density Bonus. Provides for incentives for high-density housing that includes housing specifically set aside for senior citizens and low income persons. p) 16-72 Construction and Demolition Debris. Requires a recycling plan for construction and demolition debris for projects with more than 2,500 square feet of floor space. Plans should maximize waste diverted from landfills, and are documented, approved, and overseen by City staff. q) 16-75.030 Water Conservation Devices. Requires that all newly constructed buildings incorporate water conservation devices into plumbing and irrigation systems. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b) (3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 4. Summary of Existing Law. This ordinance will merely summarize language in the City Code. The summaries would not cause a change in existing law. Section 5. Publication. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 126 Page 8 of 8 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on the ___ day of ________ 2009 and adopted by the following vote following a second reading on the ___ day of ________ 2009: AYES: _______________________________________ NOES: _______________________________________ ABSENT: _______________________________________ __________________________________________ CHUCK PAGE MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ___________________________ ANN SULLIVAN CITY CLERK APPROVED AS TO FORM: ___________________________ RICHARD TAYLOR CITY ATTORNEY 127 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Proposed Fee Schedule Update for FY 2009/10 RECOMMENDED ACTION: Hold public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City’s Fee Schedule effective for Fiscal Year 2009/10. REPORT SUMMARY: The City Council annually holds a public hearing to review recommendations and provide the community an opportunity for input on proposed changes to the City’s Fee Schedule per California Government Code Section 66018: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. After holding the public hearing the Council will consider adopting a resolution which approves changes to the FY 2009/10 Fee Schedule. Upon Council approval of the proposed fee schedule and adoption of the “Resolution Establishing a Schedule of Fees”, staff will publish the FY 2009/10 Fee Schedule to be effective July 1, 2009. Staff is recommending the addition or revision of a number of administrative, development, advertising, and security deposit fees. Recommendations are based on a review of current fees and on requests from staff and users. Proposed fee changes are based on revised actual costs or on fees in comparable local cities, and are discussed in more detail in the following section. Administrative Fees There are several recommendations for additions to the Administrative section of the Fee Schedule. In the effort to offer “green” City business services and increase staff efficiency, a no-charge Notification Services item is included in the Fee Schedule. For ongoing notification requests, such as those for: • City Council and Planning Commission agendas • Public notices related to adoption or amendment of the General Plan or a Specific Plan • Adoption or amendments of the Zoning Ordinance • Use Permits or Variances before the Planning Commission or City Council • Documents pursuant to the California Environmental Quality Act 128 or any other meeting agendas, public notices, and/or documents that are regularly posted on the City’s website for public notification and review, the City Clerk will now email to requestors an internet link to the agenda or document on the City’s website when updated with scheduled meetings and related documents. Paper copy notifications will no longer be available, which in turn eliminates the copy and mailing costs to requestors. The addition of a security deposit requirement is recommended for the City’s audio-visual equipment. Occasionally the equipment is loaned out to community groups, and to ensure both proper care of the equipment and that all pieces and parts are returned after use, staff is recommending a security deposit of $250 be added to the fee schedule. An additional fee is proposed for check replacements. On occasion, staff is requested to reissue checks to a payee multiple times. This costs the City staff time. Therefore, a fee would help to push this cost back onto the payee and encourage they take due diligence in cashing their check. Staff is recommending there be no charge for the 1st check replacement, with $25 for each subsequent request (for the same check). With the establishment of a standard billing rate formula which accounts for direct and indirect costs of staff time, the City’s FY 2009/10 hourly billing rates are now included in the fee schedule. Community Development The Community Development Department reviews its fees each year and is recommending several updates to the User Fee Schedule: Staff is recommending a fee increase for Tree Permits from $75 to $100 and a correlating increase in the After-the-Fact Tree Permits from $315 to $340 (the After-the-Fact Tree Permit is comprised of a Tree Permit fee and two hours of CDD Service Rate time). This would bring Saratoga’s Tree Permit fees closer to other neighboring cities rates, where the Tree Permit Fees range from $110 to $150. The variance from the other cities fees are in some cases a result of a higher fee for the first tree (i.e. $150), and a reduced fee for subsequent trees ($75). The Development Department would also like to add a Grading Exception Application Review Fee of $1800 to the fee schedule this year, with the flat fee based on the standard estimated staff time to prepare for and conduct a planning commission hearing meeting, similar to the fence application reviews. The Water Heater Replacement permit fee is currently set at $45 and is singularly lower than the other standard building permit fees set at $78. Staff is recommending this fee be brought up to the same amount as other permit fees to align the fee with the estimated cost of staff time for inspections by the City’s Building Inspectors. Effective January 1st of 2009, the State required cities to collect a State Building Standards Fee set at $4 per $100,000 in building valuation to fund the State’s Building Code adoption process. This fee is then submitted to the State on a quarterly basis. As this fee was a State mandate effective January 1, 2009, it has already been established as part of the fees collected when permits are issued. Staff recommends including this new fee in the Fee Schedule for documentation and clarity for applicants. Public Works The Public Works Department reviewed their fees and recommend Engineering Fees remain at the current level for the upcoming FY 2009/10 fee schedule. Recreation & Facilities Department 129 Recreation has removed the inside full color page advertisement rate as the guide no longer prints inside pages in color, and is requesting the addition of two partial page rates for the full color glossy inside back cover: a one-third page rate for $550, and a two-thirds page rate for $1,000 (the full page rate is $1,300). The recreation guide provides cost effective advertising as it comes out four times a year and is mailed to all Saratoga residents, as well as posted on the City website. The partial page ads offer more affordable advertising to the community’s small business owners. Facilities staff is recommending a Civic Theater Security Deposit of $500 be added to the fee schedule. The theater has a significant amount of lighting fixtures and audio-visual equipment in the building, and staff would like to emphasize the need for proper care and conduct when using the building through a costly security deposit. Recreation class & program fees are adjusted and published as part of the quarterly brochure to account for ongoing program cost increases and therefore are not included in the annual user fee update, whereas parks and facility rental fees are assessed and recommended for adjustment during the annual user fee update, if appropriate. Staff believes park and facility rental fees are currently set at appropriate levels and do not recommend increases for FY 2009/10. FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed revisions to the Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position for provided services. The recommended fee increases are directly related to either increases in costs that support the related functions, a revised assessment of the time spent providing the service, or requested revisions to advertising, rental, and security deposit fees. Staff has maintained proper documentations to support and justify the proposed increases and new fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would fall below the current cost recovery level. ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will update the current Fee Schedule for FY 2009/10, to be effective July 1st, 2009. ADVERTISING, NOTICING AND PUBLIC CONTACT March 17, 2009 – Notice of Public Hearing Published April 1, 2009 – Council to hold a Public Hearing and consider adoption of the Fee Schedule Resolution July 1, 2009 – Effective date for the FY 2009/10 Fee Schedule ATTACHMENTS 1. Proposed FY 2009/10 Fee Schedule Resolution 2. Proposed FY 2009/10 Fee Schedule Update RESOLUTION NO.2009- 130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the User Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number 2009-__ and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on July 1, 2009, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of April, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Chuck Page, Mayor A t t e s t Ann Sullivan, City Clerk 131 CITY OF SARATOGA FEE SCHEDULE FISCAL YEAR 2009/10 132 CITY OF SARATOGA FEE SCHEDULE ~ TABLE OF CONTENTS ~ Administrative Fees Abandoned Vehicle Fee.............................................................................................................1 Address Processing Fee.............................................................................................................1 Animal Control Services ...........................................................................................................1 Appeals – Public Hearings.........................................................................................................1 Audio-Visual Equipment Security Deposit ...............................................................................1 Code Compliance Permits..........................................................................................................1 Copy/Duplication Fees...............................................................................................................1 Document Storage Fees.............................................................................................................2 False Alarm Fees........................................................................................................................2 Late Fees....................................................................................................................................2 Notary Fee..................................................................................................................................2 Notification Services .................................................................................................................2 Postage & Mailing ....................................................................................................................2 Publication Fees.........................................................................................................................3 Recreation Activity Guide Advertising .....................................................................................3 Replacement Check/Reissue Fee...............................................................................................3 Research Fees.............................................................................................................................3 Returned Check Fees.................................................................................................................3 Sign Retrieval Fees....................................................................................................................3 Staff Time Billing Rate..............................................................................................................4 Business License Tax & Fees Processing Fees .........................................................................................................................5 Penalty for Delinquent Payment................................................................................................5 Business License Tax Contractor/Subcontractor.....................................................................................................5 Jukebox................................................................................................................................5 Theatrical Performance........................................................................................................5 Delivery Services ................................................................................................................5 Vending Machines...............................................................................................................5 Home Occupations...............................................................................................................5 Handbill Distribution...........................................................................................................5 Amusement Device..............................................................................................................5 Commercial Photography....................................................................................................6 Property Leasing..................................................................................................................6 Carnival/Circus....................................................................................................................6 Personal Escort Services or Bureaus....................................................................................6 Non-Profit.............................................................................................................................. All other Businesses.............................................................................................................6 133 CITY OF SARATOGA FEE SCHEDULE ~ TABLE OF CONTENTS ~ Business Regulation Permits Card Games................................................................................................................................7 Fairs & Carnivals.......................................................................................................................7 Firearms.....................................................................................................................................7 Massage Establishments............................................................................................................7 Motion Picture Filming..............................................................................................................7 Noise Exception Permit.............................................................................................................7 Peddlers & Solicitors Application Fee.......................................................................................7 Private Patrols............................................................................................................................7 Public Dances.............................................................................................................................8 Recyclers....................................................................................................................................8 Restricted Street Usage Permit ..................................................................................................8 Secondhand Dealers...................................................................................................................8 Special Event Permit..................................................................................................................8 Taxicabs.....................................................................................................................................8 Valet Parking .............................................................................................................................8 Development Fees Development Permits Construction Trailer Permit .................................................................................................9 Satellite Dish Antenna Permit..............................................................................................9 Storage Permit......................................................................................................................9 Tree Removal Permits..........................................................................................................9 Development Fees Appeals ................................................................................................................................9 Approved Application Extension ........................................................................................9 General Plan Update Fees....................................................................................................9 Landscape Bond Acceptance Fee........................................................................................9 Off Site Improvement Review.............................................................................................9 Request for Continuance......................................................................................................9 Development Services Annexation.........................................................................................................................10 City Attorney Services.......................................................................................................10 Development Staff Services...............................................................................................10 General Plan Amendment Services ..................................................................................10 Noticing Services...............................................................................................................10 Occupancy Inspections......................................................................................................10 Over-the-Counter Plan Check............................................................................................10 134 CITY OF SARATOGA FEE SCHEDULE ~ TABLE OF CONTENTS ~ Special Reports & Studies .................................................................................................10 Staff Review Code Questions/Project Review ..................................................................10 Traffic & Economic Studies/Other Special Report ...........................................................10 Williamson Act Contract Cancellation..............................................................................11 Zoning Ordinance Amendment..........................................................................................11 Complex Project Fee..........................................................................................................11 Pre-Development Application Services Planning Process Orientation Class...................................................................................11 Plan Submittal Orientation.................................................................................................11 Property Profile..................................................................................................................11 Development Application Reviews Design Review...................................................................................................................12 Environmental Review.......................................................................................................12 Fence Applications.............................................................................................................12 Grading Exception Application.........................................................................................13 Heritage Preservation.........................................................................................................13 Lot Adjustments.................................................................................................................13 Modification of Approved Applications............................................................................13 Sign Application................................................................................................................13 Sound Wall Application ....................................................................................................13 Temporary Use Application...............................................................................................13 Tentative Map Subdivision Application............................................................................13 Use Permit Application......................................................................................................14 Variance Fee Application ..................................................................................................14 Arborist Services Arborist Consultant / Field Inspections.............................................................................14 Arborist Review Fee..........................................................................................................14 Tree Appeals......................................................................................................................14 Tree Fines ..........................................................................................................................14 Building Permit & Inspection Fees Building & Inspection Permits Building Permits................................................................................................................15 Electrical Permits...............................................................................................................15 Grading Permit...................................................................................................................16 Heating & Air Conditioning Permits.................................................................................16 Plumbing Permits...............................................................................................................16 135 CITY OF SARATOGA FEE SCHEDULE ~ TABLE OF CONTENTS ~ Building & Inspection Services Energy Calculation Review`..............................................................................................17 Other Inspection Fees ........................................................................................................17 Building & Inspection Taxes State Building Standards Fee.............................................................................................17 Construction Tax................................................................................................................17 Additional Fees........................................................................................................................17 Engineering Fees & Permits Engineering Fees Certificate of Compliance..................................................................................................18 Engineering Design & Administrative Review.................................................................18 Geotechnical Review.........................................................................................................18 Improvement Plan Check Fee............................................................................................18 Inspection Fee for Subdivision &Building Site Improvements.........................................19 Lot Line Adjustment Engineering Fees.............................................................................19 Map Checking Fees............................................................................................................19 Park Development Fee.......................................................................................................19 Real Estate Open House Signs...........................................................................................19 Road Impact Fees ..............................................................................................................19 Tentative Subdivision Maps ..............................................................................................19 Traffic Review Fees ..........................................................................................................20 Engineering Permits Encroachment Permits.......................................................................................................20 Additional Engineering Services Fees.....................................................................................20 136 CITY OF SARATOGA FEE SCHEDULE ~ TABLE OF CONTENTS ~ Park & Facility Rental Fees Facility Rentals Facility Rental Discounts...................................................................................................21 Rental Processing Fee (Non-refundable)...........................................................................21 Civic Theater......................................................................................................................21 Community Center.............................................................................................................21 North Campus....................................................................................................................22 Warner Hutton House .......................................................................................................22 Park Rentals Azule Park..........................................................................................................................22 Bellgrove Park ...................................................................................................................22 Beauchamps Park...............................................................................................................22 Brookglen Park..................................................................................................................22 Congress Springs Park.......................................................................................................22 El Quito Park......................................................................................................................22 Foothill Park.......................................................................................................................22 Gardiner Park.....................................................................................................................23 Heritage Orchard Park.......................................................................................................23 Historical Park ...................................................................................................................23 Kevin Moran Park..............................................................................................................23 Ravenswood Park...............................................................................................................23 Wildwood Park..................................................................................................................23 Other Rental Fees Banner Fees........................................................................................................................23 Community Garden Plot Rentals.......................................................................................23 Park Attendant Fee.............................................................................................................23 137 CITY OF SARATOGA FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2009/10 1 Abandoned Vehicle Fee Administrative Fee for Removal $250 Address Processing Fee $160 Animal Control Services All fees related to animal control services are set and administered by the City of San Jose’s Animal Control Services Dept. under contract between the City of Saratoga and the City of San Jose. Refer to http://www.sanjoseanimals.com for more details. Appeals – Public Hearings Planning Commission Appeals $400 City Council Appeals $600 This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code section 2-05.030 for more information. Audio-Visual Equipment Security Deposit $250 Code Compliance Permits Animal – Kennel Permit $125 Animal – Horse Permit $125 Noise Exception Permit $50 Off-Street Vehicle Permit $125 Special Event Permit $100 Copy/Duplication Fees B/W copy - letter/legal size $ .20 per page Color copy – letter/legal size $ .35 per page Electronic documents – letter/legal size $ .10 per page Audio/Video Tape/DVD/CD $20 Data Duplication – digital file Actual Cost Data Duplication – using Plotter Actual Cost Data Duplication – e-file copy on CD Actual Cost Duplicate Plan Sets Actual Cost All other duplication requests Actual Cost 138 CITY OF SARATOGA FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2009/10 2 Document Storage Fees Administrative Fee $150 Public Hearing Fee $300 8 ½” x 11” or 14” + Documents $.75 per page 18” x 24” + Plans $2 per page False Alarm (Per Calendar Year) F i r s t A l a r m N o c h a r g e Second Alarm No charge Third Alarm $75 Fourth Alarm $100 Fifth Alarm $200 Sixth Alarm or More $250 Late Fees General billings/accounts receivables 1% interest accrued per month Garbage Collection Service Late Fee Charges Lien Administrative Charge $100 Special Assessment $50 Notary Fee $10 / signature Notification Services Requests for ongoing notification of meetings and related documents, such as: • City Council and Planning Commission agendas • Public notices related to adoption or amendment of the General Plan or a Specific Plan • Adoption or amendments of the Zoning Ordinance • Use Permits or Variances before the Planning Commission or City Council • Documents pursuant to the California Environmental Quality Act or any other meeting agendas, public notices, and/or documents that are regularly posted on the City’s website for public notification and review will be provided with an internet link to the agenda/document City’s website for new posting notices upon request to the City Clerk at ctclerk@saratoga.ca.us. Paper copy notification services are no longer available for meeting documents posted on the City’s website. Requests for this notification service must be renewed each year. Postage & Mailing Actual Cost 139 CITY OF SARATOGA FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2009/10 3 Publication Fees (may also be available on City Website) C i t y C o d e A c t u a l C o s t City Budget $50 Comprehensive Annual Financial Report (CAFR) $25 General Plan $45 General Plan Map $15 Saratoga’s Heritage Book $20 Zoning Map $20 Zoning Ordinance $15 Village Plan $7 Village Designs Guidelines $5 Parks & Trails Master Plan $5 Standard Details $5 Subdivision Ordinance $5 Recreation Activity Guide Advertising Fees Inside 1/8 page (business card size) $ 250 Inside ¼ page, vertical 4 ½ x 3 5/8” $ 350 Inside ½ page, horizontal 7 ½ x 4 ½” $ 550 Inside ½ page, vertical 9 ½ x 3 5/8” $ 550 Inside full page, 9 ½ x 7 ½” $ 850 Glossy Full Color Advertising: Inside back cover 1/3 page 7½ x 3” $ 550 Inside back cover 2/3 page 7½ x 6¼” $1,000 Inside back cover, full page 9 ½ x 7 ½” $1,300 Replacement Check / Reissue Fee First check replacement – no charge, $ 25 for subsequent requests Research Fee Billed at Staff Hourly Billing Rate Returned Check Charge $25 fee on 1st insufficient funds (maximum per CA Civil Code Section 1719) check occurrence $35 fee on subsequent occurrences Sign Retrieval Fee $20 per sign 140 CITY OF SARATOGA FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2009/10 4 Staff Time Billing Rates Cost recovery hourly billing rates are established for each position based on current year salary, benefits, and overhead rates. Billing rates are used for charges to private parties and other organizations for research and administrative service requests, for maintenance and repair services, and to charge back for insurance claim cost recovery billings. The table below lists this year’s billing rates by position. Accountant I / Analyst I 81.81 Accountant II / Analyst II 86.72 Accounting Supervisor 106.82 Accounting Technician 68.50 Assistant Engineer 86.65 Building Inspector 85.66 Building Official / Sr. Civil Engineer 111.06 City Clerk 105.77 Code Compliance Specialist 69.55 Department Director / Assistant City Mgr 148.91 Associate Engineer / Plan Check Engineer 95.97 Executive Assistant to the City Manager 73.25 Facility Coordinator 67.33 Facility Maintenance Lead Worker 76.08 Facility Maintenance Supervisor 88.33 Facility Maintenance Worker I 58.71 Facility Maintenance Worker II 63.32 Facility Maintenance Worker III 69.43 Human Resources Mgr 116.97 IT Administrator 88.14 IT Technician 77.01 Maintenance Lead worker (Parks/Streets)76.11 Maintenance Specialist (Parks/Streets)72.05 Maintenance Worker I (Parks/Streets)58.75 Maintenance Worker II (Parks/Streets)63.36 Maintenance Worker III (Parks/Streets)70.10 Office Specialist I 56.78 Office Specialist II 58.08 Office Specialist III / Account Clerk 65.87 Planner, Assistant 84.13 Planner, Associate 93.32 Planner, Senior / Arborist 99.79 Public Works Manager (Parks/Streets)88.67 Recreation Program Coordinator 69.20 Recreation Supervisor 81.81 Recreation Supervisor, Senior 88.33 CLASSIFICATION TITLE BILLING RATE 141 CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2009/10 5 PROCESSING FEES (Non Refundable; Updated Annually Based on CPI Increases) New Application $30 Renewal of Application $15 Correct Address $10 Duplicate Certificate $10 Business License Listings $30 PENALTIES FOR DELINQUENT PAYMENTS Within 30 days after due date 10% of the tax amount due Exceeding 30 days after due date Additional 10% of tax due for each month thereafter, with penalty not to exceed 100% of business license tax amount due ANNUAL BUSINESS LICENSE TAX Contractor/Subcontractor $45 plus 15% on Building Permit Fees Jukebox $50 per jukebox Theatrical Performance $100 per year plus $10 / performance Delivery Services $100 per business Vending Machines Cost of $0.25 or Less $25 per machine Cost of $0.26 to $1.00 $45 per machine Cost of $0.26 to $2.00 $55 per machine Cost of $0.26 to $3.00 $65 per machine Cost of $0.26 to Over $3.00 $75 per machine Home Occupation $100 per occupation Handbill Distribution $25 per day Amusement Device $50 per device 142 CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2009/10 6 Commercial Photography Movies/Videos on City Property $500 per day Movies/Videos not on City Property $250 per day Still Photography on City Property $50 per day Still Photography not on City Property $25 per day Property Leasing Commercial $100 plus $3 per 1000 square ft. gross leasable space in excess of 500 square ft. to a maximum of 40 units Residential $100 plus $5 per unit over 4 units, to a maximum of 40 units Carnival/Circus $256 per day Personal Escort Services or Bureaus $500 plus $100 per employee Non-Profit Business Non-profit businesses are not assessed a tax, however organizations must still register with the City and renew license each year. Annual application processing fees shall be assessed. All Other Businesses $100 / business plus $10 per employee to maximum of $300 Detailed Business License Tax and Fee information is found in Chapter 4 of the City of Saratoga Municipal Code 143 CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2009/10 7 Card games Permit Application Fee $1,250 Fairs & Carnivals Permit Application Fee $100 Firearms Application Fee for Permit to Sell $300 Permit Renewal Fee $150 Massage Establishments New Renewal Permit Application Fee $750 $375 Permit for Managing Employee(s) $350 $175 Permit for Massage Practitioner $350 $175 Examination Fee As set by the Examiner Background Investigation/Fingerprint As set by the Sheriff Notary Fee $10 / signature Appeal Hearing Fees – Denials $500 Appeal Hearing Fees – Suspensions/Revocations $1,500 Motion Picture Filming Permit Application Fee $500 Noise Exception Permit $50 Peddlers & Solicitors Application Fee New Renewal 1 Solicitor $100 $50 2 to 5 Solicitors $150 $75 6 to 10 Solicitors $250 $125 11 to 20 Solicitors $300 $150 21 or More Solicitors $350 $175 Photo ID Fee $25 per badge $25 per badge Private Patrols Permit Application Fee $200 Permit Renewal Fee $100 Employee Application Fee $50 144 CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2009/10 8 Public Dances Permit Application Fee $1,500 Permit Renewal Fee $1,500 Recyclers Permit Application Fee $300 Permit Renewal Fee $150 Restricted Street Usage Permit (Trucks > 5 Tons) Single Permit $25 Annual Permit $100 Secondhand Dealers Permit Application Fee $300 Permit Renewal Fee $150 S p e c i a l E v e n t $100 Taxicabs Certificate Application Fee $300 Valet Parking Permit Application Fee $300 Detailed Business Regulation and permit application fee information is found in Chapter 4 of the City of Saratoga Municipal Code 145 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 9 California Government Code §66014 states "(a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits...those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged." For more details, go to http://www.leginfo.ca.gov DEVELOPMENT PERMITS Construction Trailer Permit $100 Satellite Dish Antenna Permit $100 Storage Permit $200 Tree Removal Permit Tree Removal Permit $100 After the Fact – Tree Removal Permit $340 DEVELOPMENT FEES Appeals From Administrative Decisions to Planning $400 Commission Per Section 15-90.010 From Planning Commission to City Council $600 Per Section 15-90.020 Application Extension Fee $2,500 General Plan Update Fees 0.285% of project valuation at the time the permit is issued Landscape Bond Acceptance Fee $500 Off Site Improvement Review Administrative Fee $500 Request for Continuance $250 for second & each additional request 146 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 10 DEVELOPMENT SERVICES Annexation Annexation Request $5,000 deposit - staff time billed at CDD Service Rate plus LAFCO expenses Waiver Request $500 City Attorney Services Billed at the hourly rate set per the City Attorney annual contract CDD Service Rate Community Development Department’s hourly $120 / hr billing rate for applications requiring deposits General Plan Amendment Services Application for Election to Amend Actual cost charged by consultant the General Plan plus 35% surcharge General Plan Amendment $3,500 initial deposit – staff time billed at CDD Service Rate General Plan Amendment Requiring Election $3,500 initial deposit plus costs of election as determined by the City Clerk per Resolution 96-28 to be deposited with request for election Noticing Services Actual cost charged by consultants plus 35% surcharge Occupancy Inspections $165 Over-the-Counter Plan Check $500 Special Report and Studies Actual cost charged by consultants plus 35% surcharge Staff Review Codes Questions/ Project Review $100 Traffic and Economic Studies/Other Special Actual cost charged by consultants plus 35% surcharge 147 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 11 Williamson Act Contract Cancellation $5,000 deposit - staff time billed at CDD service rate Zoning Ordinance Amendment $3,500 initial deposit - staff time billed at CDD Service Rate Complex Project Fee: A c t u a l C o s t If the application processing cost of a project is determined to significantly exceed the established flat fee, the Community Development Director may convert project flat fees into an hourly rate in order to recover the City’s actual cost. PRE-DEVELOPMENT APPLICATION SERVICES Planning Process Orientation Class $500 per 1 hr class Plan Submittal Orientation Staff time billed at CDD Service Rate Property Profile Verbal $25 Written $100 148 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 12 DEVELOPMENT APPLICATION REVIEWS REFUND POLICY Development Application Review Fees are charged at either a flat rate fee, or a deposit is required which is then charged at hourly CDD Service Rate or consultant rates plus costs and/or surcharges, as described in fees below. If an applicant decides to cancel a project within the first 30 days, a flat fee is reimbursed at 50% of the fee - only if a minimal amount of work was completed prior to the request for cancellation of application. If an applicant cancels a deposit- funded application, any remaining uncharged deposit amount is refunded. All deposits are non- interest bearing. Design – Application Review Administrative Design Review $3,400 Planning Commission Design Review $5,200 Environmental – Application Review Department of Fish and Game Actual cost by the Dept of Fish and EIR Fee per AB 3158 Game, plus a 35% surcharge Department of Fish and Game Actual cost by the Dept of Fish and Negative Declaration Fee Game plus a 35% surcharge Environmental Assessment Fee $1,500 initial deposit – staff time billed at CDD Service Rate Mitigated Negative Declaration Fee Actual cost by consultant plus a 35% surcharge Environmental Impact Report Deposit required. Amount of deposit Administrative Fee based on project and determined by Community Development Director. Actual cost charged by consultant plus a 35% surcharge Monitoring of Mitigation Measures As specified in project approval or a g r e e m e n t w i t h d e v e l o p e r Fence – Application Review Fence Enclosure Review & Permit $1,800 Fence Exception Review & Permit $1,800 149 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 13 Grading Exception Application Review $1,800 Heritage Preservation – Application Review Mills Act Application $1,500 initial deposit – staff time billed at CDD Service Rate Historic Compliance Review $240 Application for Designation no charge Permit Application Fee no charge Appeal fee no charge Lot Adjustment – Application Review Application for Lot Line Adjustment $1,500* Application for Merger of Parcel $1,500* Application for Reversion to Acreage $1,500* * Additional Engineering Fees are charged for City Engineer and Surveyor work in conjunction with Development Application Review Modification of Approved – Application Review $2,500 Sign – Application Review Administrative Sign Review $300 Planning Commission Sign Review $1,800 Sound Wall – Application Review $1,000 Temporary Use – Application Review Planning Commission Approval $2,600 Administrative Review $425 Tentative Map Subdivision – Application Review Less Than 10 Lots $5,000 initial deposit 10 or More Lots $5,000 initial deposit plus $150 for each lot over 10 150 CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2009/10 14 Subdivision Final Map $1,000 initial deposit Use Permit – Application Review $4,400 Planning Commission Review) Variance – Application Review $2,700 ARBORIST SERVICES Arborist Consultant Services / Arborist services are billed at CDD Field Inspections Service Rate, plus costs if applicable Arborist Review Fee Initial deposit required as follows: 1–10 trees: $2,500 11-20 trees: $3,500 20-50 trees: $4,500 50 or more trees: $5,500 Arborist Staff time charged against deposits at CDD Service Rate Tree Appeal – Arborist Review $500 Tree Fines – Illegal Pruning, Encroachment, Per code section 15-50.170. Fine Damage, or Removal amount determined by Arborist. ALL DEPOSITS ARE NON-INTEREST BEARING 151 CITY OF SARATOGA FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2009/10 15 BUILDING & INSPECTION PERMITS Building Permits (Based on Total Valuation) $1 to $2,000 $78 minimum $2,001 to $25,000 $78 for the first $2,000 plus $17.50 each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $490 for the first $25,000 plus $12.60 each additional $1,000 or fraction thereof, up to $50,000 $50,001 to $100,000 $805 for the first $50,000 plus $9.80 each additional $1,000 or fraction thereof, up to $100,000 $100,001 to $500,000 $1,242 for the first $100,000 plus $7 each additional $1,000 or fraction thereof, up to $500,000 $500,001 to $1,000,000 $4,042 for the first $500,000 plus $5.90 each additional $1,000 or fraction thereof, up to $1,000,000 $1,000,001 and up $7,010 for the first $1,000,000 plus $4.56 each additional $1,000 or fraction thereof Plan Check Fee 65% of the building permit fee Electrical Permits Single Family Dwelling $.10 / sq. ft. (min $78) Commercial/Professional $.10 / sq. ft. (min $78) Institutions, Multiple Residential $.10 / sq. ft. (min $78) Additions of More than 1,000 sq. ft. $.10 / sq. ft. (min $78) Additions of Less than 1,000 sq. ft. $78 Remodels, Residential $78 Remodels, Commercial $78 Swimming Pools, Spas, Hot Tubs with Pump/Heater $78 Miscellaneous Structures $78 Misc. Permits without Associated Building Permit $78 Plan Check Fee 25% of the building permit fee 152 CITY OF SARATOGA FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2009/10 16 Grading Permit Less than 100 Cubic Yards $500 Over 100 Cubic Yards $500 for the first 100 cubic yards plus $125 for each additional 100 cubic yards or fraction thereof Plan Check Fee $530 Heating and air conditioning permits New single family dwelling $.10 / sq. ft. (min $78) Commercial/Professional $.10 / sq. ft. (min $78) Institutions, Multiple Residential $.10 / sq. ft. (min $78) Additions Less than 2,500 sq. ft . $78 More than 2,500 sq. ft. $.10 / sq. ft. Remodels, Residential – no added sq. ft. $.10 / sq. ft. (min $78) Remodels, Commercial $.10 / sq. ft. (min $78) Miscellaneous Structures $78 Misc. permits w/o associated building permits $78 Plan Check Fee 25% of the building permit fee Plumbing Permits Water Heater Replacement $78 New Single Family Dwelling $.10 / sq. ft. (min $78) Commercial/Professional $.10 / sq. ft. (min $78) Institutions, Multiple Residential $.10 / sq. ft. (min $78) Additions of Less than 1,000 sq. ft. $78 Additions of More than 1,000 sq. ft. $.10 / sq. ft. Remodels, Residential – No Added sq. ft. $78 Remodels, Commercial $78 Swimming Pools, Spas, Hot Tubs with Pump/Heater $78 Miscellaneous Structures $78 Misc. Permits without associated building permits $78 Plan Check Fee 25% of the building permit fee 153 CITY OF SARATOGA FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2009/10 17 BUILDING & INSPECTION SERVICES Energy Calculation Review Addition to Residential Building $200 New Residential Structure $300 per unit Addition to Non Residential Building $300 New Non Residential Structure $475 Application for Moving Permits $100 Other Inspection Fees Inspection Outside of Normal Business Hours $80 / hr minimum 1 hour Re-Inspection Fees Assessed Under Section 305(h) $80 / hr of the Uniform Administrative Code Inspections for Which No Fee is specifically $80 / hr minimum 1 hour Indicated Stockpiling Permit $300 BUILDING & INSPECTION FEES & TAXES State Building Standards Fee State Assessment of $4 per $100,000 in building valuation (min. fee of $1) Construction Tax $1.00 per square foot of floor area of any building or structure $ .40 per square foot of the area of any mobile home lot ADDITIONAL FEES In the event additional application processing services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Community Development Director. ALL DEPOSITS ARE NON-INTEREST BEARING 154 CITY OF SARATOGA FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2009/10 18 ENGINEERING FEES Certificate of Compliance Administrative Fee $500 for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge. Deposit $2,500 Engineering Design & Administrative Review $1,000 per application for E n g i n e e r i n g s t a f f w o r k Geotechnical Review Administrative Fee $850 for engineering staff work, plus actual cost charged by the City’s Geotechnical Consultant, plus a 25% surcharge. Deposit $3,500 ($2,500 for S zoned areas) for the first lot plus $500 each additional lot up to a maximum of $10,000 or a greater amount as determined by the Public Works Director. Improvement Plan Check Service Fee First $50,000 Estimated Construction Cost $5,000 minimum charge Over $50,000 Estimated Construction Cost $5,000 plus 5% of Estimated Construction Cost over $50,000 The Estimated Construction Cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities where another public utility agency is collecting similar fees for such facilities 155 CITY OF SARATOGA FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2009/10 19 Inspection Fees Two times the Improvement Plan For Subdivision & Building Site Improvements Check Fee Lot Line Adjustment Engineering Fees Administrative Fee $500 for the first lot plus $100 for each additional lot for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge. Deposit $2,500 for the first lot plus $500 for each additional lot Map Checking Fees For Parcel Maps, Reversion to Acreage, Amended Maps Administrative Fee $1,000 for the first lot plus $500 for each additional lot for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge. Deposit $2,500 for the first lot plus $500 for each additional lot Park Development Fee $20,700 [Formula: 1990 Census 2.76 per household * (5 acres/1000 resident * $1,500,000 acre)] Real Estate Open House Signs $50 per sign Road Impact Fees $.77 per $100 of project valuation Tentative Subdivision Map $2,500 for the first lot and $500 for each additional lot 156 CITY OF SARATOGA FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2009/10 20 Traffic Review Fee Administrative Fee $500 review fee plus actual cost charged by the City Traffic Engineer plus 25% surcharge Deposit $2,500 for standard projects, or greater amount for complex projects as determined by the Public Works Director ENGINEERING PERMITS Encroachment Permits Permit Application Fee $500 - for pipes, drains, conduits, utility service connections, routine O&M work by utility agencies, and permanent encroachments Major Repairs or Capital Improvements by $2,500 plus 1.5% of estimated Utility Agencies project valuation ADDITIONAL ENGINEERING SERVICE FEES In the event of map check, plan checking or inspection services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Public Works Director. ALL DEPOSITS ARE NON-INTEREST BEARING 157 CITY OF SARATOGA FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2009/10 21 FACILITY RENTALS Facility Rental Discounts (one discount per rental): • Non-Profit Groups Receive 50% Discount • Residents Receive 10% Discount Facility Rental Refund Policy: • Processing Fees: are paid at time of reservation, and are non-refundable • Security Deposits: are paid at time of reservation, and are refunded within one month after the date of the event. » If there are additional charges, damage to the building or contents, overtime or maintenance charges, deductions will be made from the deposit and the balance refunded. » If the deposit does not cover the charges, applicant will be responsible for additional fees. » If the clean-up is not completed, the entire deposit shall be forfeited. • Rental Fees: must be paid in full at least 30 days prior to event • Cancellations: If event is cancelled between: » 6 to 12 months – one-third of the deposit is forfeited, rental fee is refunded » 3 to 6 months – two-thirds of the deposit is forfeited, rental fee is refunded » 1 to 3 months – 100% of the deposit is forfeited, rental fee is refunded » Less than 30 days – 100% of the deposit is forfeited, rental fee is forfeited Civic Theater S u r c h a r g e $2 per ticket sold Rehearsals $150 per day Informal Rehearsal $75 per day Performances $350 per day Move In / Move Out $75 per day Technical and Staging $100 per day Security Deposit $500 Community Center Security Deposit $300 Multipurpose Room with Kitchen $120 per hour Senior Center Room with Kitchen $110 per hour Patio Room $55 per hour Arts & Crafts Room $50 per hour Dance Studio $50 per hour Garden Patio $225 per day 158 CITY OF SARATOGA FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2009/10 22 North Campus Administration Building Rental Security Deposit $300 Administrative Building Large Room $100 per hour Conference Room $40 per hour Fellowship Hall Rental Security Deposit $500 Main Room Rental $120 per hour Warner Hutton House Security Deposit $300 House & Garden $115 per hour PARK RENTALS Resident Non-resident Azule Park Picnic Area with Barbeque $35/day $50/day Horseshoe Pit $5/hour $15/hour Bellgrove Park n / a n / a Beauchamps Park n/a n/a Brookglen Park n/a n/a Congress Springs Park Picnic Area with Barbeque $45/day $60/day El Quito Park Picnic Area with Barbeque (L) $45/day $60/day Picnic Area with Barbeque (S) $35/day $50/day Softball Diamond $25/hour $40/hour Horseshoe Pit $5/hour $15/hour Sand Volleyball Court $10/hour $15/hour Foothill Park n / a n / a 159 CITY OF SARATOGA FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2009/10 23 Resident Non-resident Gardiner Park Picnic Area with Barbeque $35/day $50/day Heritage Orchard Park n / a n / a Historical Park n / a n / a Kevin Moran Park n/a n/a Ravenswood Park n / a n / a Wildwood Park Picnic Area with Barbeque $45/day $60/day Stage $45/day $55/day Horseshoe Pit $5/hour $15/hour Sand Volleyball Court $10/hour $15/hour Fundraisers $500/day $600/day * Plus Park Attendant Fee If More Than 500 Persons or Vehicle Access required OTHER RENTAL FEES Banner Fees North Campus $300 per week Blaney Plaza $300 per week For non-profit groups advertising events, with priority to local Saratoga organizations Community Garden Plot Rental Processing Fee $ 35 per year Processing Fee w/Senior Discount (over 55) $ 25 per year Annual Plot Rental $ 50 Annual Plot Rental (Seniors 55 and older) $ 35 Annual Water Fee $150 Park Attendant Fee $200 ALL DEPOSITS ARE NON-INTEREST BEARING 160 CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 24 CODE SECTION SUBJECT §9-55.060 Abandoned Vehicles §15-05.070 Annexation §15-90.030 Appeals - Planning §2-05.030 Appeals to City Council §15-05.070 Application for Approval of Accessory Structure §15-05.070 Application for Approval Satellite Dish Antenna §15-05.070 Application for Construction Trailer Permit §15-05.070 Application for Design Review and Administrative Review §15-05.070 Application for Election to Amend the General Plan §15-05.070 Application for Fencing Enclosure Exception Approval Permit §14-05.050 Application for Lot Line Adjustment §14-05.050 Application for Merger of Parcels §14-05.050 Application for Reversion To Acreage §15-05.070 Application for Sign Permit §15-05.070 Application for Sound Wall Permit §15-05.070 Application for Storage Permit §14-05.050 Application for Tentative Map Subdivision Approval §15-05.070 Application for Tree Removal §15-05.070 Application for Use Permit §15-05.070 Application for Variance §14-05.0550(b); §15-05.070 Arborist Review §16-05.030 Building Permits §4-05.130; §4-06.020-140 Business Licenses §4-10.020(c) Card Games Permit §14-05.050 Certificate of Compliance §00000000 City Attorney Hourly Billing Rate §4-06.080 Commercial Photography §00000000 Community Development Additional Fees §00000000 Community Development Staff Hourly Billing Rate §4-06.030 Contractors/Subcontractors §00000000 Document Storage Fee §16-05.030 Electrical Permits §10-20.080(a) Encroachments Permit §16-05.030 Energy Calculation Review Fees §14-05.050(a)(3); §15-05.070 Environmental Review §4-06.050 Escort Services or Bureaus §15-05.070 Extension of Approved Application §4-10.010(c) Fairs, Carnivals Permit §16-10 False Alarm §4.30.030(b); §4.30.060 Firearms Permit 161 CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 25 CODE SECTION SUBJECT §§7-05.200; §7-05.210 Garbage Disposal Charge §15-05.070 General Plan Amendment §15-05.070 General Plan Amendment Requiring Election §00000000 General Plan Maintenance §14-05.050(a)(5); §15-05.070 Geotechnical Review §16-05.030 Grading Permit §16-05.030 Grading Plan Check Fee §4-06.060 Handbill Distribution §16-05.030 Heating and Air Conditioning Permits §13-25.010 Heritage Preservation §4-06.070 Home Occupation §14-05.050(a)(6) Improvement Plan Check Fee §14-05.050(a)(7) Inspection Fee for Subdivision and Building Site Improvements §00000000 Landscape Bond Acceptance Fee §14-50.060 (c)(5) Lot Line Adjustment Engineering Fee §10-15.020(a) Major Repairs or Capital Improvements by Utility Agencies §14-05.050(a)(8) Map Checking Fee §4-55.050(c); §4-55.080(f)(1); §4-55.090(e)Massage Establishments Permit §15-05.070 Modification of Approved Application §4-60.050(b) Motion Picture Filming Permit §00000000 Noise Exception Permit §00000000 Notary Fee §00000000 Noticing Fee §16-05.030 Occupancy Inspections §15-05.070 Off-Site Improvement Review §9-45.040 Off-Street Vehicles §16-05.030 Other Inspection Fees §15-05.070 Other Special Reports or Studies §11-10.020(c) Park and Facility Rental §14-05.050(a)(10) Park Development Fee §4-50.030(b; §4-50.060 Peddlers and Solicitors Permit §10-15.020(a) Pipes, Drains and Conduits Permit §00000000 Plan Submittal orientation §00000000 Planning Process orientation Class §16-05.030 Plumbing Permits §4-20.040(b); §4-20.050; §4-20.090 Private Patrols Permit §4-06.130 Property Leasing, Residential §00000000 Provide Property Profile §4-15.040(b); §4-15.090(b) Public Dances Permit §00000000 Public Works Additional Fees §4-65.060; §4-65.030(5)(b) Recyclers Permit 162 CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 26 CODE SECTION SUBJECT §15-05.070 Request for Continuance §00000000 Research Fee §00000000 Return Check Fee §10-15.020(a) Routine O and M Work by Utility Agencies §4-35.040(b); §4-35.070 Secondhand Dealers Permit §00000000 Sign Retrieval Fee §10-10.030(c) Special Events Permit §00000000 Staff Review Codes Questions/ Project Review §4-40.030(b) Taxicabs Permit §14-05.050(b) Traffic and Economic Studies §00000000 Tree Appeal Arborist Review §9-40.080(b) Trucks Permit §10-15.020(a) Utility Service Connections Permit §4-80.050(b) Valet Parking Permit §4-06.120 Vending Machines §00000000 Williamson Act Contract Cancellation §15-05.070 Zoning ordinance Amendment For detailed information on Municipal Code sections, log on to http://www.bpcnet.com/codes/saratoga/ 163 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Brad Lind & Isaac Bowers DIRECTOR: John Livingstone ________________________________________________________________________ SUBJECT: Proposed ordinance (1) modifying a State map identifying the areas in the City considered to be very high fire hazard severity zones and adopting it as the City's Wildland-Urban Interface Fire Area Map; (2) updating sections of the City’s Municipal Code which reference the City’s current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire Area Map; and (3) adopting revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code specifying enforcement procedures for violations of that article. RECOMMENDED ACTIONS: (1) Open the public hearing and consider all testimony received; (2) Introduce and waive the first reading of the attached ordinance; and (3) Direct staff to place the ordinance on the consent calendar for adoption at the April 15, 2009 City Council meeting. BACKGROUND & SUMMARY: State law requires the State Director of Forestry and Fire Protection (CAL FIRE) to provide cities with a map identifying the areas in the city that the CAL FIRE Director has determined to be very high fire hazard severity zones (the “State Map”). The City recently received the proposed State Map for Saratoga. (The area identified by the State is shown in red on Attachment B.) Properties within the very high fire hazard severity zones delineated on the State Map are subject to the provisions in the California Government Code sections 51175 through 51189. These sections of the Government Code contain requirements to promote fire safety. Many of these are similar to requirements in the current City Code. (Independently of the State law the City had earlier adopted a map showing fire hazard zones and imposing design and building standards reflecting the increased risk in those areas. The existing City Map is included as Attachment C.) Attachment D summarizes the requirements of the State law and compares them to the existing requirements of the City Code. Attachment A is an ordinance that would implement the requirements of State law. 1 The City is required to adopt the State Map with any modifications it deems necessary. Staff consulted with the Saratoga Fire District and the County of Santa Clara Fire Department to consider 164 2 whether any modifications would be in order and the Chief agreed that the map should be modified to include all areas in Saratoga previously designated by the City as high fire hazard severity zones. Accordingly, the attached ordinance would modify the State Map in that way and adopt the modified map as the City’s Wildland-Urban Interface Fire Area Map. The areas shown for addition to those identified by the State are shown in orange on Attachment B. (If Attachment B is approved by Council, a revised version will be prepared showing the entire area in a single color.) The proposed ordinance would also update several sections of the City Code which currently reference the City's current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire Area Map. Finally, the proposed ordinance would adopt revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code specifying enforcement procedures for violations of that article. The amendment would allow the Chief of the Fire District in which a violation occurs to notify the property owner in violation and to record a notice of the violation with the County Recorder if the violation is not cured. The Board of the Saratoga Fire District would hear appeals of such enforcement actions. ENVIRONMENTAL DETERMINATION: The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment and therefore the activity is not subject to CEQA. ALTERNATIVES: Continue this item to another City Council meeting to allow staff to incorporate comments from this meeting and return with an amended ordinance as necessary. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: A copy of the State Map and the proposed modifications was posted on the City’s website on February 26, 2009. Notice of this meeting was published in the Saratoga News on March 17, 2009. As required by State law, after the adoption of this Ordinance a copy of the Wildland-Urban Interface Fire Area Map will be posted in the City of Saratoga’s Building Department and notices identifying the location of the map will be posted at the offices of the recorder, assessor and planning agency. 165 3 ATTACHMENTS: Attachment A – Ordinance Attachment B – Proposed Wildland-Urban Interface Fire Area Map Attachment C – Existing City of Saratoga Fire Hazard Map Attachment D – Comparison of State and City Fire Hazard Map Requirements P:\SARATOGA\RESOLUTI\Fire Hazard Map Adoption Ordinance\Staff Report (Fire Hazard Map Ordinance - First Reading).doc 166 ORDINANCE NO. __________ AN ORDINANCE ADOPTING AND AMENDING THE STATE OF CALIFORNIA’S RECOMMENDED WILDLAND-URBAN INTERFACE FIRE AREA MAP TO REPLACE THE CITY’S EXISTING HAZARDOUS FIRE AREA MAP, MAKING CONFORMING AMENDMENTS TO THE CITY CODE, AND ESTABLISHING SUPPLEMENTAL ENFORCEMENT PROCEDURES FOR THE EARLY WARNING ALARM SYSTEM REQUIREMENTS OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. On April 1, 2009, the City Council conducted a duly noticed public hearing at which all interested persons had an opportunity to be heard to consider the adoption of new (1) very high fire hazard severity zones for the City of Saratoga in accordance with California Government code sections 51175 through 51189 and (2) procedures for enforcement of the City’s early warning alarm system requirements. B. California Government Code sections 51175 through 51189 require the City of Saratoga to designate by ordinance very high fire hazard severity zones within its jurisdiction after receiving recommendations from the Director of Forestry and Fire Protection. C. California Government Code Section 51189(c) allows local agencies to make amendments to the recommended very high fire hazard severity zones based on substantial evidence regarding local conditions. D. The City of Saratoga has previously adopted a Hazardous Fire Area Map (the “City Fire Map”) designating hazardous fire areas. All new single- family dwellings, commercial structures and community facilities within those designated hazardous fire areas are required to install an early warning fire alarm system. All existing single-family dwellings, commercial structures and community facilities within those designated hazardous fire areas which are expanded by fifty percent or more in floor area are also required to install an early warning fire alarm system. In addition, the installation of an early warning fire alarm system may be required when existing commercial structures or community facilities of any size located with those designated Ordinance No. _____ 1 167 hazardous fire area are remodeled or their use is changed. E. The City of Saratoga’s Wildland-Urban Interface Fire Area is defined as all areas within the City designated as hazardous fire areas on the City Fire Map. All new buildings and all existing buildings modified to increase the gross floor area (with exceptions for new non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less and for one-time additions to existing buildings made after January 1, 2008 that do not exceed 500 square feet in gross floor area) located in the City’s Wildland-Urban Interface Area are required to provide automatic sprinkler systems. F. Based on evidence supplied by the Saratoga Fire Protection District and the Santa Clara County Fire Department, the City Council hereby makes the following findings supporting the inclusion in the new Wildland-Urban Interface Fire Area Map of areas which were not identified as very high fire hazard severity zones by the State but which are identified as hazardous fire areas on the City Fire Map. 1. The City of Saratoga experiences low humidity, high winds and warm temperatures during the summer months which creates conditions particularly conducive to the ignition and spread of grass, brush and structure fires in the areas identified on the City Fire Map. In addition, the presence of heavy vegetation in those areas increases the potential for the rapid spread of any fire which may start, particularly during seasonal dry spells. 2. The areas identified on the City Fire Map are within or immediately adjacent to hillsides where fires would be difficult for emergency responders to access and control or prevent from spreading to surrounding structures or wildland areas. 3. These exceptionally hazardous conditions, potential response delays and compromised fire suppression capabilities cumulatively mandate the inclusion of these areas in the new Wildland-Urban Interface Fire Area Map. G. The existing City Code requires, under various circumstances specified in the Code, installation and continued operation of an early warning alarm system. This ordinance would ensure effective operation of the system on a citywide basis by delegating to the City’s Fire Districts the authority to enforce the alarm system requirements and by establishing an appeal procedure for those enforcement proceedings. Ordinance No. _____ 2 168 H. The existing City Code prescribes the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of a building, structure, factory-built housing, or other improvement to real property, including fixtures, architectural and design functions in areas subject to the City Fire Map. This ordinance amends the City Fire Map but does not amend the existing prescriptions. I. The ordinance governs buildings standards in the City of Saratoga. It does not modify the boundaries of any established zoning district, or impose, remove or modify any regulations concerning the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, or any other purposes. It does not impose, remove or modify any regulations concerning signs and billboards; the location, height, bulk, number of stories, and size of buildings or structures; the size and use of lots, yards, courts, or other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use; requirements for offstreet parking and loading; the establishment and maintenance of building setback lines; or the creation of civic districts around civic centers, public parks, public buildings, or public grounds. Section 2. Adoption. A. Map Adoption. The Wildland-Urban Interface Fire Area Map, identified as Exhibit “A,” attached hereto and incorporated herein by this reference, is herby designated as the map delineating very high fire hazard severity zones for the City of Saratoga. A copy of this map, properly attested, shall be maintained in the Office of the city Clerk of the City of Saratoga. B. Code Amendment. The Saratoga City Code is amended to read as follows. Any text inserted by this amendment is indicated in bold, double-underlined font (example); any text deleted by this ordinance is indicated in strikeout font (example); text in standard font is unchanged by this ordinance. 1. Article 14-25.110 of the Saratoga City Code is amended as follows: 14-25.110 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of Ordinance No. _____ 3 169 fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland- Urban Interface Fire Area hazardous fire areas on the City’s Wildland-Urban Interface Fire Area Map, which are defined as any land covered with grass, grain, brush or forest 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 response time of emergency equipment to calls for aid in the Wildland-Urban Interface Fire Area hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the Wildland-Urban Interface Fire Area hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be Ordinance No. _____ 4 170 evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for tentative map approval under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the Wildland-Urban Interface Fire Area designated hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the Wildland-Urban Interface Fire Area designated hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (c) Discretionary requirement for certain existing commercial structures and community facilities. Where an existing commercial structure or community Ordinance No. _____ 5 171 facility is remodeled or the use thereof is changed, and such commercial structure or community facility either: (1) has a floor area in excess of five thousand square feet, or (2) regardless of size, is located within the Wildland-Urban Interface Fire Area designated hazardous fire area, then the Chief of the Fire District having jurisdiction over the project may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of tentative map approval under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as described in Chapter 15. (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty-percent 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 years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. Ordinance No. _____ 6 172 2. Article 15-80.090 of the Saratoga City Code is amended to read as f o l l o w s : 15-80.090 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland- Urban Interface Fire Area hazardous fire areas on the City’s Wildland-Urban Interface Fire Area Map, which are defined as any land covered with grass, grain, brush or forest 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 response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the Wildland-Urban Interface Fire Area hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are Ordinance No. _____ 7 173 public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, Ordinance No. _____ 8 174 apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (c) Discretionary requirement for certain commercial structures and community facilities. Where an existing commercial structure or community facility is remodeled or the use thereof is changed, and such commercial structure or community facility either: (1) has a floor area in excess of five thousand square feet, or (2) regardless of size, is located within the designated Wildland-Urban Interface Fire Area hazardous fire area, then the Chief of the Fire District having jurisdiction over the project, may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of the design review approval or use permit or variance under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as defined in this Chapter; and (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the Ordinance No. _____ 9 175 work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 3. Article 16-20.100 of the Saratoga City Code is amended to read as f o l l o w s : 16-20.100 Amendments to Chapter 9 of the Fire Code; Fire Protection Systems. (a) As noted in Section 16-15.070 of the Saratoga Municipal Code, modifications made in this Section also apply to and amend Chapter 9 (“Fire Protection Systems”) of the Building Code. (b) Subsection 903.2 of the Fire Code is amended to read as follows: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations, described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive: 1. An automatic sprinkler system shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height. 2. An automatic sprinkler system shall be provided throughout all existing buildings when any of the following occur: buildings larger than 3,600 square feet are expanded; modifications are made that increase the gross floor area to more than 3,600 square feet; or the number of stories is increased to three (3) or more. EXCEPTION: One-time additions made after 01/01/2008 that do not exceed 500 square feet in gross floor area. Ordinance No. _____ 10 176 3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland-Urban I n t e r f a c e Fire Aareas. EXCEPTION: Any non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet o r l e s s . 4. An automatic sprinkler system shall be provided throughout all existing buildings located in the designated Wildland-Urban I n t e r f a c e Fire Aareas when modifications are made that increase the gross floor area. EXCEPTION: One-time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area. (c) Subsection 903.2.18 is added to the Fire Code to read as follows: 903.2.18 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equaling or exceeding the above fifty percent 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 years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. Ordinance No. _____ 11 177 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 200 or more square feet or thirty-three or more percent of the original size, whichever is less. The area of a garage shall include all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected t o a u d i b l e w a r n ing devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. (d) Subsection 903.3 of the Fire Code is amended to read as follows: 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards. Ordinance No. _____ 12 178 4. Article 16-20.170 of the Saratoga City Code is amended to read as f o l l o w s : 16-20.170(a) Amendments to Chapter 47 of the Fire Code; Requirements for Wildland-Urban Interface Plans. (a) The definition of Wildand-Urban Interface Fire Area in Section 4702 of the Fire Code is amended to read as follows: The Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “very high fire hazard severity zone High Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable referenced sections of the Government Code and the Public Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all areas within the City of Saratoga designated as very high fire hazard severity zones hazardous fire areas on the City of Saratoga’s Wildland-Urban Interface Fire Area Map Hazardous Fire Area Map. The Wildland-Urban Interface Fire Area Map Hazardous Fire Area map, properly attested, shall be on file in the Office of the City Clerk of the City of Saratoga. 5. Article 16-60.010 of the Saratoga City Code is amended to read as f o l l o w s : 16-60.010 Application of Article; requirement for installation of alarm system. (a) Where installation of an early warning fire alarm system is required under the Safety Element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15- 80.090 of the Zoning Ordinance, or this Article, such early warning fire alarm system shall be installed, operated, and maintained in accordance with the provisions of this Article. (b) Where a proposed development does not require any form of permit or approval to be granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early warning fire alarm system in accordance with the provisions of this Article shall be required as a condition for the granting of any building or other permit under this Chapter 16 in each of Ordinance No. _____ 13 179 the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (7) When required by the Chief of the Fire District having jurisdiction over the project, an early warning fire alarm system shall be installed in an existing commercial structure or community facility which is remodeled or the use thereof is changed, and such commercial structure or community facility either: (i) has a floor area in excess of five thousand square feet, or (ii) regardless of size, is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. The determination by the Fire Chief shall be based upon any one or more of the following considerations: a. An occupant load increase of fifty percent or more. b. New commercial cooking operations. Ordinance No. _____ 14 180 c. Hazardous materials storage for which a permit is required. d. The principal use involves the care or supervision of building occupants. As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. The determination of floor area is as described in Chapter 15. For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent 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 years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 6. Article 16-60.070 is added to the Saratoga City Code to read as f o l l o w s : 16-60.070 Violations; Delegation of Enforcement Authority (a) Any violation of this Article shall constitute an infraction and a public nuisance for which penalties may be imposed and other relief sought as provided in Chapter 3 of this Code. As a separate or cumulative remedy, a Notice of Code Violation may also be recorded pertaining to such violation, in accordance with the provisions of Section 16-60.080. (b) In addition to any other persons having enforcement authority, the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief’s designated representative, shall have authority to enforce the provisions of this Article. 7. Article 16-60.080 is added to the Saratoga City Code to read as f o l l o w s : 16-60-080 Recorded Notice of Code Violation Ordinance No. _____ 15 181 (a) Whenever the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief’s designated representative (“Fire Chief”) has knowledge of a violation of any provision of this Article, the Fire Chief may give written notice of such violation to the owner of the property on which the early warning fire alarm system has been installed. Violations may include failure to install, operate, or maintain the alarm system in accordance with the applicable standards and requirements adopted by the Saratoga Fire District, or failure to connect the alarm system to a monitoring station as specified by the Saratoga Fire District. Such notice shall be mailed to person and address as shown on the records of the Fire District, or if such record does not exist or is known to be inaccurate, to the person and address as shown on the latest available County assessment roll or as otherwise known to the Fire Chief. (b) If the property owner fails to correct the violation within the time specified in the notice, or such additional time as may be granted by the Fire Chief, a further written notice may be given of the Fire Chief’s intention to record a Notice of Code Violation in the office of the County Recorder. The notice of intent shall describe the nature of the violation and inform the owner that a Notice of Code Violation will be recorded unless a hearing before the Board of Fire Commissioners of the Saratoga Fire District is requested by the owner within twenty days from the date of the notice. (c) In the event a hearing is not requested and the violation has not been corrected, or in the event that after the conduct of a hearing by the Board of Fire Commissioners of the Saratoga Fire District, and consideration of all evidence presented thereat by the owner, the Board determines that a violation of this Article in fact exists, the Fire Chief may record a Notice of Code Violation in the office of the County Recorder. (d) At the request of the affected property owner or other interested person and upon determination by the Fire Chief that the violation described in the Notice has been fully corrected and no longer exists, the Fire Chief shall furnish to the owner or other interested person a notice of expungement of the previously recorded Notice of Code Violation. (e) The recording of a Notice of Code Violation pursuant to this Section shall be in addition to any other rights, remedies or actions available to the Fire District by reason of the same violation as described in the notice. Ordinance No. _____ 16 182 Section 3. CEQA Compliance. The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment and therefore the activity is not subject to CEQA. Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following vote following a second reading on the 15th day of April, 2009. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: S I G N E D : __________________________________ __ Chuck Page Ordinance No. _____ 17 183 Ordinance No. _____ 18 MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ __ Ann Sullivan CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY P:\SARATOGA\RESOLUTI\Fire Hazard Map Ordinance (Draft 03-24-09).doc 184 DR . EUCALYPTUS DR. D E L BOHL M A N ROA D G L E N R E D H I L L RD. OR B I T APOL L O O N HEIGHTS CT. SA N B O R N C A N O N U N A H I D D E N P L . DR. AV E . TH O R P R D . R O B L E S DR. R E D B E R R Y AVE. TOYON HIL L DR. SEEBREE LN. D R . RD . R D . DAVES P L . LEXINGTON LN. AVE. RE D B E R R Y ROAD R A V I N E CT. R D . FARRAGUT LEXINGTON W A Y RD. D R . CANO N BLYTHSWOOD DR. GRANDVIEW RD. DR. L N . H I D D E N L A N C A S T E R A C R E S DECATUR CONSTITUTION DR. R D . SERRAMONTE VIEW O A K ROU T E 8 5 C T . D R . K A N E VER O N I C A D R . LA N A R K BR A E M A R MOR A N LA N E A V E . F A R W E L L GAT O S PA R K RO B I N LA R K DR. PR O S P E C T VIE W R I D G E WE L L I N G T O N BU C K H A V E N D R . D A P H N E AVE. CT . GL E N MERRIBROO K OA K S DR . CT. C T . M E A D O W B L U E SPRIN G M C C A R T Y S V I L L E C T . DR . CT . F R E D R I C K S B U R G C T . C H E V E R L Y C I R . S H E R I D A N SH A R O N DR . CT. CT. WA T E R F O R D D R . C T . DA R T M O O R T R I U M P H C T . SIERR A S P R I N G R D . ASTER B R O O K PIN E B R O O K C T . CT . P I N E D R . TRINI T Y S P R I N G PL. AV E . P R I M R O S E DE V O N W A Y DU C K E T W Y . LE E D S CT. FRE E W A Y CT. WOO D H I L L C T . DR. DR . P O P P Y J A M E S T O W N LN. SI E R R A S P R I N G D O N G A L PLACER SPRING CT. LN . SHASTA SPRIG CT. L O C H L O M O N D L N . S O . B R O O K V A L E BR I S B A N E C T . STA U F F E R M C G R E G O R W A Y BA R N H A R T RU T H E R F O R D D R . R E G N A R T REGN A R T A R D E N W O O D LN . RO A D G A L W A Y D R . SARATOGA VILLA PL. PR O S P E C T C T . C T . ME R I D A DR . PA M P A S R O N C O L E CT . CT . SARAGLEN C T . L N . WA Y CAROL D R . MA U R E E N MAR I A D R . BEA U C H A M P S BU R N E T T C O V I N A RD . DR . N A T O M A BL U E R D . P L U M A S C T . OA K MAR I L L A RD. A T R I U M ME A D O W RIT A N N A HIL L S D R . R D . R A N C H LN. CT. D R . LN . KI R K M O N T DR . P A R K E R V I A L N . R A N C H GR A N A D A C T . CT. M A R I L L A R D . AT R I U M CI R C L E B O W H I L L D R . DR. MA R I L L A C R E E K C T . DR . R O A D ARR O W H E A D K I R K B R O O K OA K LN . JU L I E KING CT. F A R R A R R O Y O P R O S P E C T LN . K I R K D A L E C T . C T . K E N Y O N DR . M I L L KN O L L W O O D AR R O Y O NO R A D A C T . L N . ROLLIN G LN. V I S T A ARROYO GU L L SE A S A R A T O G A - S U N N Y V A L E ZORKA C T . LO W E N A CT . A V E . DE HILL S L N A V E . C R A Y S I D E AVE . WAY GO L E T A ST . JO A N CT . ARGUELLO C T . MA N O R DR . RD LEU T A R T E D G R E E N M E A D O W BE A U C H A M P S LA N E CHE R R Y S A N K A CT. GU L L KR E I S L E R D R . SU M N E R D E SE A LN. PR O S P E C T CHE R R Y HIL L M O O R DR . LN. RD . AV E . W A Y RD . H E I G H T S CL A R I D G E R D . C T . SUMNER W Y . GU A V A C T . PR O S P E C T FA R R RA N C H S C E N I C C T . A R G U E L L O CT. L I D O VE R D E FR E D R I C K S B U R G MO O R KA R N D R . CT . CO N T I N E N T A L C T . I N D I O R A N C H PL . DR. C T . CT . CIR C L E D E BL O S S O M C A R N I E L K I N M A N CT . DR . O R E L L A A R R O Y O W A R D E L L WA R D E L L PA R K E R RD . WIL L I A M S B U R G L N . C T . SARATOGA CO X D R . A R B O R C T . ST A R C T . WOOD S WA Y C T . CIRCL E Y O L O L N . W O L C O T L I K A W A Y I O N E L N . G L E N J E P S E N A S H L E Y GA R N E T C A R N I E L C T . C T . A S H L E Y D R . C T . C T . R E G A N I D L E W O O D OAKS PIE R C E A R G U E L L O CO R T E D E RO A D AR G U E L L O D I A M O N D CT. R O A D RIDG E L N . CT. CH A T E A U DR . DR . W O O D M O N T D E C I R C L E COM E R CT . P I E R C E CT . CHIQ U I T A CR A I G E N F O O T H I L L DR . R O A D L N . CT. A R R O Y O BL A U E R D R . DR . D R . COM E R B R A N D Y W I N E WI N T E R A P O L L O LN . MT . H O U S T O N CT . D R . WA Y D R . EDEN AR G O N A U T P A R A M O U N T CH A T E A U D R . R E G A N CT . TR I C I A W Y . HIC K O R Y HI L L DR . WA Y FUT U R E M T N . C H A R T E R S CH A D W I C K LN . P L A C E CU N N I N G H A M LJ E P A V A C T . S H A D O W AN G U S E D E N C R E S T S T E W A R T C T . PA R A M O U N T D R . D R . RD. KI L B R I D E CT . C T . DR . RO A D R I C E R O A D CHIQ U I T A G L A S G O W C T . MI L J E V I C H KIL B R I D E PAD E R O DR . WA Y AV E . MT. G L A S G O W RD . LE O N A R D SUR R E Y ED I N B U R G D R . OR C H A R D TR A I L D R . ME A D O W CT. D R . L N . GLE N BR A E GL E N BR A E DR . CT. C T . VIL L A O A K S RO A D C L O T H I L D E MANO A DE B B L E C T . C T . D R . CT. S U N N Y V A L E A R G O N N E C H A L E T B O N N I E A V E . K A H A L A OLD O A K B R I A R SA R A V I E W CT . LN. A L D E R MANDARIN CT. A V E . RU S S E L L N . D R . L N . DR . H A M M O N S RU S S E L L TH E L M A AV E . QUA R R Y VAQUERO WY. W A Y VIA LN . EDE N S A R A V I E W RD. W A Y CT. SA R A H I L L S FR A N K L I N AV E . D R . DR. A V E . REG I N A S A R A H I L L S W A Y CT . CT . P L . J I M S SA R A T O G A VIS T A LN . P I E R C E T R E E A N N CT. C A M I N O C T . K O D I A K T O N I OL D C H A L E T VE R D E VI S T A LN . T A C U B A V I S T A ME R R I C K DR . C T . R I C O A V E . V E R D E L N . H O W E N BO Y C E E L C A L L E WO O D W A R D L E X I N G T O N CT . D R . P R U N E B L O S S O M VIST A S A R A T O G A B E A U M O N T T A M W O R T H R D . AV E . HE R R I M A N REG I N A AV E . SE A T O N RIVER LA N N O Y A V E . UP P E R A V E . CT . RANCH HILL DAMON SARATOGA DE E R P A R K RD. T R I N I T Y C T . CIR C L E SA R A T O G A HER R I M A N C T . DR. M A L C O M P I K E AVE . D R . C T . LAN E A V E . S A R A T O G A ALBAR LY N D E HILL S CT. JE R R I E S RD . HIL L GERNEIL MT . E D E N C T . TR I N I T Y AV E . C T . RD. OAK R D . A V E . D R . L Y N D E L N . JUN E T R I N I T Y C T . P I K E A V E . W A Y DOR E N E A V E . WI L L I A M S L A C E Y R I O AV E . S T . P O N T I A C R O A D SHA D O W L O M A W A Y HE B E R TEER L I N K V I S T A HOL L O W CO U R T R E I D D R . A L T A W A Y WA L N U T AV E . L N . SEA G R A V E S LN . E L V I R A S Q U I R R E L WY . PA L O M I N O WA Y P L . R D . V I C T O R VI E W W O O D V I E W DR . WOR D E N JUNIPER L A N E WY. C A N Y O N MA R I O N DO R S E Y M I C H A E L S WA Y LO V E L A N D C T . D R . W A Y LN. A R B E L E C H E B U R N S SULL I V A N L N . A V E . V I E W A V E . CT . DU R H A M B A R K S D A L E TO L L SARAT O G A P I E R C E GLENM O N T C T . LN . CA N Y O N V I E W B R O O K W O O D W A Y A V E . S A R A T O G A GATE W A Y LA P A L O M A DR. ORC H A R D RD. HE I G H T S D O U G L A S S C A N Y O N DR . DR. L U T H E R I A AVE N U E P A U L C T . E L V A S P R I N G E R 4T H ROA D DEE R CA N Y O N VI E W SPR I N G S PARK WILD W O O D A V E . DR. W A Y AV E . CT. SARATO G A PL. ST. E S T E R L E E OA K PL . W A Y S P R I N G E R FIE L D S T O N E 3RD D R . S T . HE I G H T S CT . 4TH SPR I N G E R FIELDSTO N E C T . ST. R O A D P L A C I D A A V E . C T . G L E N W Y . DEE P W E L L ST. R O A D STONERIDGE C T . VIN T A G E M I L L B A S I N S P R I N G E R DR. C R E E K LN . HOR S E S H O E 5TH WESTCOTT DR . LU M B E R T O W N RD. B E R R Y FOR E S T ST. R O C K Y BI G 6TH AM B R I C L N . W I L D HILL S CT. A V E . DR. S T . D R . C A R N E L I A N KOM I N A H O R S E S H O E ST . KNOLLS LN . RD . SYC A M O R E ST . C H A R L E S GRO V E S P R I N G E R LOM I T A A V . H A Y M E A D O W ST. PA M E L A A V E . W A Y AVE . O A K RD. BEL L A TO L L B A N K HA L L A L O H A V I C K E R Y R D . CO N G R E S S GA T E L N . L N . SAR A T O G A P L . RD . AV E . V I C K E R Y VI S T A JA C K S BUT A N O C O D Y PI E R C E TE R R . 9 RO A D CO N G R E S S AVE . CO N G R E S S SP R I N G S R A N C H O BEL L A CAL L E SPRI N G S R D . MON T A L V O MENDELSOHN VISTA 9 LN . AUD R E Y S M I T H L N . BO N N I E B R A E W A Y VIN E R D . VICKERY ST. MON T A L V O O A K S LN. LN . AV E . HI L L BON N E BO H L M A N BRAE NORTON WI N N R D . LN. AVE . MON T A L V O M O N T A L V O HE I G H T S R D . DR . RD . HUME R D . W I L D C A T QU A I L RU N CT. H I L L DR . P I E D M O N T SI G A L L N . MO N T A L V O D R . R D . M A D R O N E R D . RD. A R C H I B A L D RD. BE L N A P KI T T R I D G E B O H L M A N DR. H I L L SU N S E T SANBORN D R . P E A C H PU E N T E BL Y T H E CT . MA L L O R Y CT . CT. R I D G E HER I T A G E LOS PA R K S. W Y . A C R E S B O U N T I F U L W A Y S U Z A N N E BRENTON A V E . AUGUSTA A V E . D R . WA Y S T E P H E N WAY H E C K M A N G R O V E JA N A R Y WA Y BR O O K H U R S T DR. MC K E L L A R WAY DR I V E J O Y C T . DR . DR. DR. D R . DR. AVE. LN . DR. P E T A L W A Y DR. S T U R G E O N WE L L F L E E T L A R K I N WA Y BR O O K H A V E N W A Y PL Y M O U T H E L K A P I N E DR . SHA D Y B R O O K AV. B O N N I E AV E . J O H N S O N DR. CT. D R . D R . FERGUSON CT . BIB E L W A L B R O O K D R . AV E . GREENE CONSTANSO SQ U I R E D E L L DR . DR. C L A R K S P U R BR O O K N O L L E L M A R TERESITA C T . MA Y F L O W E R CT . OSO FIELDS ENGLISH IV Y T A R T A R I A N D A N R O M A S CRESPI P R O V I N C E T O W N CAMEO LN . GRAVES LN. D E E R F I E L D EL AV E . TR A C E L DR . BR O O K PI L G R I M AVE. SUN N Y B R O O K NORFOLK B R O O K R I D G E CT. PETERSON DR. LN . CT . MAYME RO A D B R O O K G L E N AVE. PR O S P E C T LYLE CT . CO L B Y ER I C DR . ER I C DR . MAURICE C T . L N . AR D M O R E FERNB R O O K L N . CT. DR . CT. L N . AS C E N S I O N DR . MILLER RD. I N G R I D A V E . D R . WA Y D R . A V E . D R . D R . K R I S T Y OA K H A V E N AR D E N CT . AS H T O N CT . SAGEMONT TERREN C E CT . ME L I N D A CAMPBELL L Y N B R O O K C T . C T . DR . S Q U I R E C A N D Y LA D E R A AV. M E L L O W O O D CABERNET SAN MIL L E R CO U N T R Y CIR C L E C T . D R . S C U L L Y GR E E N B R O O K PALO C T . SO M E R V I L L E C T . SO M E R V I L L E AVE. CT . DR . SARATOGA CT. AVE. C T . C A N D Y DRIVE M A B E L LOLLY BR O O K V I E W W A L D E N EL I S A AV E . DR . DR. D R . KOSICH DR. A V E . A V E . C T . FA L M O U T H MIL L E R CT . D R . K O S I C H NO R T H A M P T O N ROAD CT. DR. CT. OBRAD T I T U S C T . C T . D O V E R N E W P O R T DR . NO R T H H A M P T O N DR. WE S T V I E W WAY DR . W O O D S I D E DR. P A L M T A G ELMWOOD QUITO S A R A T O G A C R E E K RADOYKA WAY LOLLY NORTHLAWN WAY B R O O K G L E N DR. WY . MAYFIELD CY R I L AV. M I L L E R L A R C H M O N T SC U L L Y DR. CT. TIBERAN AV E N U E COLUSA DO R C H E S T E R D R . D R . WY. D R . WESTVIEW AVENUE WY. A V E . NORTHLAWN C U R R Y A V E . SEA TIBERAN CT. CT. DR. SOL A N A R A L E I G H CT. C T . CERRO DR. P L . N O R T H A M P T O N W O O D S I D E AN S L E Y ED I N A P A L M T A G D R . LN . BE L L W O O D D R . D R . SERGE NA N T U C K E T JOLENE ASHLAND COLUSA C I R . DR . C T . PASEO WAY HARMONY PL. A V E . DR. PICO NORTHLAWN FLORES TIT U S CT . D R . HA R G R A V E DR. D R . GULL W A Y FRE E W A Y HO L Y O K E DELL C T . T I T U S GU N T H E R OLIVOS CT . WOOD CT. CT . PASEO L A R C H M O N T VE N D U R A CT . CT . C R E E K C A M B R I D G E E A S T O N LN. CT . OLIVOS CT. MAYFIELD PASEO OLIVOS NE E D H A M G L E N CT. E A S T O N BASS L N . WAY LN . SUN CT. PASEO PASEO ELMGROVE BIARRITZ VALLEY COLUSA LN. C T . PASEO CT. BR O C K T O N ME L L O N P L Y M O U T H R A D O Y K A CT. SA R A T O G A DR . BIARRITZ D R . YU B A CT . LN. ROAD S A R A T O G A WY. ELMGROVE BIARRITZ LN. BR O C K T O N DR . LN . GLE N B A C H C T . CT. AVE. R O D O N I BUCKNALL AV E . B R O O K C T . D A R I E N W Y . AVE. AVE. PL. CO X H O M E S PARK WAY GL E N BR A E CIRCLE CT. SHALEN AV E . SARA TIERRA PASEO DR . SH U B E R T DEH A V I L L A N D OA K S C T . M I L L E R CT. DR . P A L O RD. C T . A B E R D E E N C T . CT. BETLO PRESADA CHAPARRAL CAMROSE D R . PASEO PUEBLO N E W H O U S E C T . C T . C O L U M B I N E TAMIE ARLEEN D R . JU N I P E R O AVE. BOBBIE DE H A V I L L A N D V I L L A G E WAY AVE. D R . COX D R . D R . AVE. PA L E R M O BAYLOR CT . A N Z I A LADO PASEO GRIMSBY CT. JA C C A R A N D A DR. LA V I S T A PURDUE C T . C T . C H A R D O N N A Y C T . C T . VI A RE A L DR . VIA AVE. DEVON W A Y L A V I S T A B R A E REA L DR. VANDERBILT VI A ES C U E L A V I A E S C U E L A CIR. B E L L G R O V E WAY MA S S O N AVE. DR . S T . TE R R A C E CT. VIA D R . AVE. MC FARLAND MAD R O N A S C T . AVE. CLEMSON G L E N DR. GR A N D E DR . CT . D R . PASEO C U M B E R L A N D S T . AVE. MELVILLE CAMROSE MARTHA V I A RO B L E G R A N D E DR. C T . MARDEN VIA SWARTHMORE C O N G R E S S ST . A N N CR E S C E N T E J U N C T I O N WO O D L E I G H V I A CH A R T E R S T E N O A K C T . C T . CT. ST. D R . CT . ST. QUITO M A D R O N A S V I A B L A N C VILLANOVA V I A MC COY MC COY AVE. AV E . R A N C H E R O CT . H E A T H GLENBRIAR M O N T R O S E SC O T L A N D CT. D R . AVE. ST. VIA KEVIN AVE. A R R I B A DUNDEE MONTREAL L N . V I A DAG M A R LA SALLE MC DOLE AFT O N D R . MO N T E W A Y DR. V I A M A D R O N A S AVE. WAY BO N N E T DR. TISDALE D R . CT. L N . V I A F O N T A I N E HILL WAY D R . POR T O S CARRICK DR. MC CULLOCH BREWICK AVE. WAY VIA DR. WOODBRAE FOREST W A Y BRA E M A R CT. C T . WAY RAN F R E D R . MONTE DR. DR. C H R I S T I E S A R A T O G A P L . EMANUEL ABDULLA PORTOS MOR A Y YORKTON WAY CT . H O L I D A Y C T . W A Y KILT CT. DR. C T . CT. B R E O K O D I A C H A R P E R LN. A L V A R A D O C T . T W E E D KINGSTON D R . P O R T O S SOUSA HALIFAX P L . LN. LISA D R . L N . W A R D D R . CAS A 1 PINETREE TERR. BONNET WAY BL A N C A 2 PONDEROSA TERR. T O R O MARIE C T . 3 PEACH TERR. R O N N I E LN. WESTMONT H O L I D A Y OAH U 4 POPLAR TERR. DR. L O M O N D C T . CT. CRE S T B R O O K AVE. KERWIN RANCH CT. LN. LA PAZ WAY ASPESI W E S T O V E R M Y R E N RIVERDALE D R . MY R E N METLER DR. C T . CT. WE N D Y ME R R I B R O O K ROS S M E R E PONDEROSA SPRINGHILL CT. C T . CT. TERR. FERNCREST CT. DR. LYONS PINETREE QUITO DR . ROUNDTREE CT. CT. TERR. PEACH W A Y CT. D R . TERR. HARLEIGH ASPESI C T . D R . CT. POPLAR D R . ROUTE TW A I N H A R L E I G H C T . TERR. C T . RAILROAD H A R L E I G H C T . F O R T U N A 85 M A N T E C A C T . O R L E A N S R I C H E L I E U AT H O S AL C O T T PL . WA Y PEREGO WAY YERBA CT. ELWOOD P O R T O S CT. WAY DR. D O L P H I N RAVENWOOD DR. SANTA CT. ALTO MONTPERE SERRAOAKS VIA AL L E N D A L E AVE. ESPADA ELWOOD CT. AL L E N D A L E B A R C O A V E . LOQUAT CT. RAVEN DR. CT. C A M I N O A V E . AVE. ELWOOD DR. CA M I N O DR. DE L O S HYDE RAVENWOOD DR. BA R C O S MARILYN QUITO GA R D N E R L A N E OAKS DR. WAY BEARDEN APRICOT MO N T A U K DR . W A Y DR. CHESTER HILL CT. CT. MARSHALL SHORT D R . LN. DR. SOBEY LN. POLLARD HILL CT. HYDE DR. AVENIDA MEADOWS LINDA SIERRA D R . CALLE EL CASA DEL ST. CT. C T . T A O S PALMS NIVEL C T . SOL OLIVAR GRANDE ARCADIA OK A N O G A N ROAD A C R E S F R U I T V A L E ST. CT. T E N RIO PLAZOLETA SOBEY VISTA RD. TE N CASITAS ST. CALLECITA VISTA TA O S C T . A V E . RD. KE N O S H A M A C L A Y C T . MIN O C Q U A CT . CT . LANE VIA AC R E S T A O S D R . TES O R O EL PINAR EL PORTON WOOD C H E S T E R OLD EVANS LAGO ALTURA DEL VISTA DO U G L A S S LA N E ROAD CT. EL ALTILLO WOOD RD. CORDWOOD OLD LAGO DONN A LN. CT. A V E . LAGO DEL N U T W O O D RD. W A L N U T C T . VIA W A Y C A L L E L N . VISTA BL A C K CASITAS C H E S T E R C I R . C A M P O RD . SA N M A R C O S ALTURA SA N M A R C O S L E L A N D R D . DEL OMEGA COLLADO VISTA VIA VE R S A I L L E S WA Y WA Y BU R G U N D Y EL QUITO ALTURA LN. W A Y LOS PUENTE OLD C T . A V E . VESSING RD. OLD ADOBE CHES T E R WAY CH A B L I S ALTURA VISTA O A K S C T . CT. O A K WY. DR. RINCONADA W I L D S O B E Y W A Y OAKS CT. AV E . FA R W E L L RD. AV E . MISTLETOE RIE S L I N G R D . C T . W A Y RD. ZI N F A N D E L VINYARD ADOBE C T . CT. A V E . O A K AMBLESIDE DR. H I L L MONTCLAIR WOODBANK SPRIN G MONCLAIR CT. PI N N A C L E CT. LA L I V E BR O O K LN . POSADA C T . PLAZA G R A N I T E G Y P S Y WAY WAY POSADA CIMAS A N D R E W FA R W E L L CT . LA RD. ARBOLADO L N . C R I S P WAY VIA CR I S P LAS A V E . C T . AVE . C T . MORE C T . AQUINO OA K S RD. LOUISE TH R E E CT. B A R A N G A RANCHO KATHY WAY VALLECITOS CT. WAY TERORES F R U I T V A L E H A U N DE G R A N I T E VIA TERESA BICKNELL VIA OA K S TH R E E WA Y VERONA LN . RD. C T . LN. B E S T V I E W WAY C T . DR . R D . C T . VI S T A VA L L E S P E R R Y DR. DR . ROA D E N C I N A S P E R R Y QUITO O R I O L E ROAD EL V I S T A AVON CT. EL MAUDE AVE. LN. CT. LOMITA AL O N D R A L U C I N D A DR . GREGORY LN . BECKY VALLE S O B E Y PL. ORIOLE WAY STRATFORD JO 9 L N . VIA C O L I N A JANOR ALMA CT. PA N O R A M A BELLE MO N T E WA Y CAMIN O DR . C T . RD. TAMSON CT. BL U E GU M GRANDE WA Y V I A VIA ENCANTADA VIA CREEKS TWIN VI S T A CHADBOURNE CABALLERO CT. BANYAN 9 D R . LN. P E P P E R LN. QUITO DR. SAR A T O G A UN A WO O D VAQUERO MO N T E G L E N DR. VIA SU N N Y S I D E DR . WA Y OAK DR. O A K S LO S D R . S K Y L N . DR. GA T O S HILLVIEW WAY AVE. C I T R U S EQUESTRIAN AU S T I N BA I N T E R D R . AUS T I N TOYON LAUREL R I D G E BA I N T E R DR. W A Y C R E S T O R O DE E R VINT N E R C T . MASSON CT. DEER CANYON LN. H I L L T O P W Y . MIN A W Y . M A G N O L I A C T . PE T U N I A C T . EL D O R A D O C T . STERLING OAK CT. GO R D O N C T . O A K H O L L O W L N . BA R O N I C T . QU A I L A C R E S RO D E O C R E E K H O L L O W CT . BOUG A N V I L L E A C T . P E R A L T A C T . SE V I L L A BE L L A V I N A E M E R A L D H I L L S C T . P I C E A C T . V I A D E M A R C O S H A Y F I E L D C T . S P A I C H C T . ± Ci t y o f S a r a t o g a Ve r y H i g h F i r e H a z a r d S e v e r i t y Z o n e s Lo c a l R e s p o n s i b l e A r e a 0 0 . 5 1 1 . 5 2 0. 2 5 Mi l e s Fe b r u a r y 2 0 0 9 Co p y r i g h t , 2 0 0 8 C o u n t y o f S a n t a C l a r a , A l l r i g h t s R e s e rv e d As R e c o m m e n d e d b y C A L F I R E Mo d i f i c a t i o n s R e c o m m e n d e d b y t h e Ci t y o f S a r a t o g a s t a f f 18 5 DR. E U C A L Y P T U S D R .D E L B O H L M A N R O A D G L E N R E D H I L L R D . OR B IT A P O L L OON H E I G H T S C T . SANBORN C A N O N U N A HI DD E N P L .DR.AVE. THORP R D . R O B L E S D R.R E D B E R R Y AVE.T O Y O N HILL DR.S E E B R E E L N . D R . RD.R D .D A V E S P L . LE XIN G T O N L N .AVE.RE D BE R R Y R O A D R A V I N E C T.R D . F A R R A G U T L E X I N G T O N W A Y R D . D R . C A N O N B L Y T H S W O O D D R . G R A N D V I E W D R . L N . H I D D E N L A N C A S T E R A C R E S D E C A T U R L O M A S CONSTITUTION D R . R D . S E R RA M O N T E VIE W O A K R O U T E 8 5 C T . D R . K A N E VERONICA D R . LANARK BRAEMAR MORAN LANE A V E . F A R W E L L G A T O S PARK ROBIN LARK D R . PROSPECT VIEWRIDGE WELLINGTON BUCKHAVEN D A P H N E D R . D A P H N E A V E . CT. GLEN M E R R I B R O O K OAKS DR. CT. C T . M E A D O W B L U E S P R I N G M C C A R T Y S V I L L E C T . DR. CT. F R E D R I C K S B U R G C T . C H E V E R L Y C I R . S H E R I D A N C T . W Y . CT.PEACH BLOSSOM DR. B R I D G E D R . U P L A N D W Y .CALABAZASSPRINGSEVENCT. C T .SPRINGORCHARDDR.C E D A R C T . S P R I N G T I M B E R S P R I N G LN.C T .W I L D F L O W E R B R I C H C T . S P R I N G DO R O TH Y P A R K CT.NORMANDY WAYVINEYARD LO NG FEL LO W SPRINGSSPRING AN NE WILDFLOWER WAYSEVEN SPRINGS L O N G F E L L O W C T .B U C K T H O R N E SEV E N K I N T Y R E CHANTEL CT.DR.B L A N E Y PKWY. WAY O A K B R E T M O O R C T .S P R I N G C T . C T . C T . O L I V E P A L M S P R I N G S P R I N G CREEKSPRING S O U T H S H O R E R O S E G A R D E N L N . W A L N U T NEWCASTLE DR.PLUM BLOSSOM DR. W E S T S H O R E WINDSOR WAY C T .RIDGE CREEK D R . E D D I N G T O N S H A R O N M A N O R C T . SHARON DR. C T . CT.WATERFORD DR.C T . DARTMOORTRIUMPH C T . S I E R R A S P R I N G R D . A S T E R B R O O K PINE BR OOK CT. CT.P I N E D R . T R I N I T Y S P R I N G P L. AVE.P R I M R O S E DEVON WAYDUCKET WY.LEEDS C T .F R E E W A Y C T .W O O D HILL CT. D R . DR.P O P P Y J A M E S T O W N L N . SIE R R A SP R IN G DONG AL P L A C E R S P R I N G C T . LN. S H A S T A S P R I G C T . L O C H L O M O N D L N . S O .B R O O K V A L E BRISBANE CT.STAUFFER M C G R E G O R W A Y BARNHART RUTHERFORD DR.R E G N A R T R E G N A R T A R D E N W O O D LN.ROADGALWAY D R . S A R A T O G A V I L L A P L . PROSPECT C T . C T . MERIDA DR.PAMPASRONCOLE CT.CT. S A R A G L E N C T . L N .WAY C A R O L D R . MAUREEN M A RIA D R . B E A U C H A M P S BURNETT C O V I N A RD.DR. N A T O M A BLUE R D . P L U M A S C T .OAK M A RIL L A R D . A T R I U M MEADOW RITANNAHILLS D R . R D . R A N C H L N . C T. D R . LN.KIRKMONTDR. P A R K E R V I A L N . R A N C H GRANADA C T . CT.M A R I L L A R D .ATRIUM CIRCLEBOWHILL D R . D R . MARILLACREEK C T . DR. R O A D ARRO W HEAD K I R K B R O O K OAK LN.JULIE KI N G C T. F A R R A R R O Y O P R O S P E C T LN.K I R K D A L E C T .C T . K E N Y O N DR.M I L L KNOLLWOODARROYO NORADA CT.L N . R O L L I N G L N . V I S T A A R R O Y O GULLSEA S A R A T O G A -S U N N Y V A L E Z O R K A C T . LOWENA CT.A V E . D E HILLS L N A V E . C R A Y S I D E AVE.WAY GOLETAST.JOANCT. A R G U E L L O C T . MANOR DR. RD LEUTAR T E D G R E E N M E A D O W BEAUCHAMPS LANE CHERRY S A N K A CT.GULLKREISLERDR.SUMNER D E SEA LN.PROSPECT CHERRYHILLMOORDR. LN. RD.AVE.W A Y RD. H E I G H T S CLARIDGERD. C T . S U M N E R W Y . GUAVACT. PROSPECT FARR RANCHSCENIC C T .A R G U E L L O CT.L I D O VERDE FREDRICKSBURG MOOR KARNDR. CT.CONTINENTAL C T . I N D I O R A N C H PL. D R. C T . CT.CIRCLE D E BLOSSOMCARNIEL K I N M A N CT.DR.O R E L L A A R R O Y O W A R D E L L WARDELLPARKER RD.WILLIAMSBURG L N . C T . S A R A T O G A COXDR. A R B O R C T . S T A R C T . W O O D S WAY C T . C I R C L E Y O L O L N . W O L C O T L I K A W A Y I O N E L N . G L E N J E P S E N A S H L E Y GARNETCARNIEL C T . C T . A S H L E Y D R . CT. C T . R E G A N I D L E W O O D O A K S PIERCEARGUELLO CORTE DE ROADARGUELLO D I A M O N D C T . R O A D R I D G E L N . C T. CHATEAU DR.DR.W O O D M O N T D E C I R C L E C O M E R CT.P I E R C E CT. C H I Q U I T A CRAIGEN F O O T H I L L DR.R O A D L N . C T .A R R O Y O BLAUER D R . DR.D R . CO MER B R A N D Y W I N E WINTERAPOLLO LN.H O U S T O N CT.D R . WAYDR. ARGONAUTPARAMOUNT CHATEAU D R . R E G A N CT.TRICIA WY.HICKORYHILL DR.WAYFU T U R E M T N . C H A R T E R S CHADWICK LN.P L A C E CUNNINGHAM LJEPAVACT. S H A D O W ANGUSEDENCREST S T E W A R T C T . PARAMOUNT D R .D R . R D. KILBRIDE CT.C T .DR.R I C E R O A D C H I Q U IT A G L A S G O W C T . MILJEVICH KILBRIDE P A D E R O DR. WAY AVE. M T.G L A S G O W RD.LEONARDSURREY EDINBURG DR. TRAILDR. MEADOW CT.D R . L N .GLEN BRAE GLEN BRAE DR.CT.C T .VILLA OAKS ROAD C L O T H I L D E M A N O A DEBBLE C T . C T . D R . C T. S U N N Y V A L E A R G O N N E C H A L E T B O N N I E A V E . K A H A L A OLD OAK B R I A R SARAVIEW CT. L N . A L D E R M A N D A R I N C T . A V E . RUSSEL LN. D R . L N . DR.H A M M O N S RUSSELL THELMA AVE.Q U A R R Y V A Q U E R O W Y . W A Y VIA LN.EDEN S A R A V I E W R D.W A Y C T. SARAHILLS FRANKLIN AVE.D R . DR.A V E . RE GIN A S A R A H I L L S W A Y CT.CT.P L . J I M S SARATOGA VISTALN.P I E R C E T R E E A N N C T.C A M I N O C T . K O D I A K T O N I OLDCHALET VERDE VISTA LN.T A C U B A V I S T A MERRICK DR. C T . R I C O A V E . V E R D E L N . H O W E N BOYCE E LCALLE WOODWARD L E X I N G T O N CT. D R . P R U N E B L O S S O M VIS T A S A R A T O G A B E A U M O N T T A M W O R T H R D . AVE.HERRIMANRE GIN A AVE.SEATON R I V E R LANNOYAVE. UPPER A V E . CT. R A N C H HILL D A M O N S A R A T O G A DEERPARK R D. T R I N I T Y CT.CIRCLE SARAT OGA HE R RIM A N C T . DR.M A L C O M P I K E AV E. D R . C T . LANE A V E . S A R A T O G A A L B A R LY N D E HILLS C T . JERRIESRD.HILL G E R N E I L MT. EDEN CT.TRINITY AVE.C T . RD. OAKRD. A V E . D R . L Y N D E L N . J U N ETRINITY C T . P IK E A V E . W A Y D O R E N E A V E . WILLIAMSLACEY R I OAVE.S T .P O N T I A C R O A D SHADO W L O M A WA YHEBER T E E R L I N K V I S T A H O LL O W C O U R T RE I D D R .A L T AWAY WALNUTAVE.L N . S E A G R A V E S LN.E L V I R A S Q U I R R E L W Y. PALOMINOWAY P L . R D .V I C T O R V IE W W O O D V I E W DR.W O R D E N J U N I P E R L A N E W Y.C A N Y O N M A RI ON DORSEY M I C H A E L S WAY LOVELAND CT.D R . W A Y L N .A R B E L E C H E B U R N S S U L L IV A N L N . A V E . V I E W A V E . CT.DURHAMBARKSDALE TOLL S A R A T O G A P I E R C E G L E N M O N T C T .LN.CA N Y O N V IE W B R O OK W O O D W A YAVE. S A R A T O G A G A T E W A Y LA P AL O M A D R.O R C H A R D R D . HEIGHTS D O U G L A S S C A N Y O N DR. D R . L U T H E R I A AV E N U E P A U L C T .E L V A S P R I N G E R 4TH R O A D D E E R CANYONVIEW S P RIN G S P A R K W IL D W O O D A V E . D R.W A Y AV E .C T. S A R A T O G A P L.ST.E S T E R L E E OAK PL.W A Y S P R I N G E R FIELDSTONE 3R D DR. S T . HEIGHTS CT. 4T HSP RIN G E R F I E L D S T O N E CT. ST. R O A D P L A C I D A A V E . C T . G L E N W Y .D E E P W ELL ST. R O A D S T O N E R I D G E C T. VINTAGE M I L L B A S I N S P R I N G E R D R . C R E E K LN. HO RSESH OE 5T H W E S T C O T T DR.LUMBERTOWN R D . B E R R Y FO R EST ST.R O C K Y BIG 6 T H AMBRIC L N . W I L D HILLS CT. A V E . DR.S T .D R .C A R N E L I A N KO MINA H O R S E S H O E ST. K N O L L S LN.RD.SYCAM O RE ST. CH A RLES GR OVE S P R I N G E R LO MITA A V .HAYM E A D O W S T . PAMELA A V E . WAY AVE. O A K RD.BELLA TOLL B A N K HALL A L O H A V I C K E R Y R D .CO NG R ESS GATELN. L N . SARATOGA P L .RD.AVE.V I C K E R Y VISTAJACKS B U T A N O C O D Y PIE R C E T E R R. 9 ROAD CONGRESS AVE. CONGRESS SPRINGS RA N C HO BELLA CALLE S P R I N G S R D . MONTALVO M E N D E L S O H N V I S T A 9 LN.AUDREY SMITH LN. BONNIE BRAE WAY VINERD. V I C K E R Y S T . M O N TA L V O O A K S LN. LN.AVE.HILL B O N N EBOHLMAN B R A E N O R T O N WINN RD. L N .AVE. MONTALVO M O N T A L V O HEIGHTS R D . DR. RD. H U M E R D . W I L D C A T QUAILRUNCT.H I L LDR.P I E D M O N T SIGAL L N . MONTALVO D R . R D . M A D R O N E R D . RD.A R C H I B A L D RD. BELNAP KITTRIDGE B O H L M A N D R . H I L L SUNSET D R . P E A C H PUENTE BLYTHE CT. MALLORY CT. CT. RI DG E HERITAGE L O S PARK S. W Y . A C R E S B O U N T I F U LWAY D R . W A Y DR. D R . C T . RHONDADIAL WY.DIALMILLER SLIDA CASTLEDR.D R . MANORWAY K N O L L WALBROOK DR.COUNTRYPARK W A Y VICANNA DR.O A K EILEENOAKROYALGLENMOOR ANN DR.A L D E R B R O O K DR.W A Y W A Y G R A Y W O O D DR.WAY W A Y WISTERIA K A V E N Y C T .W A Y DR.LASSENCT. B I N G S U Z A N N E B R E N T O N A V E . AUGUSTAAVE. D R . WAY S T E P H E N H E C K M A N G R O V E JANARY WAY BROOKHURST D R . MC KELLAR W A Y DRIVEJOY CT.DR.D R . DR.D R . D R . LN.DR.P E T A L W A Y D R . S T U R G E O N WELLFLEETLARKIN WAY BROOKHAVENWAY PLYMOUTHELKA P I N E DR.S H A D Y B R O O K A V . B O N N I E AVE.J O H N S O N D R . CT. D R .D R . F E R G U S O N C T.BIBEL W A L B R O O K D R . AVE.G R E E N E C O N S T A N S O SQUIREDELL DR.D R . C L A R K S P U R BROOKNOLLELMAR T E R E S I T A CT.MAYFLOWERCT.O S O F I E L D S E N G L I S H IVY T A R T A R I A N D A N R O M A S C R E S P I P R O V I N C E T O W N C A M E O LN.GRAVESLN. D E E R F I E L D E LAVE.TRACEL DR.BROOKPILGRIM AVE.S U N N Y B R O O K N O R F O L K B R O O K R I D G E CT. P E T E R S O N D R .LN.CT.MAYMEROADBROOKGLEN AVE.PROSPECT L Y L E CT.COLBY ERIC DR.ERIC DR. M A U R I C E C T . L N . ARDMORE F E R N B R O O K L N . C T . DR. CT.L N . ASCENSION DR. M I L L E R RD.I N G R I D A V E . D R . WAY D R .A V E . D R . D R . K R I S T Y OAKHAVEN ARDENCT.ASHTON CT. T E R R E N C E CT.MELI NDA CA M P B ELL L Y N B R O O K C T . C T .DR.S Q U I R E C A N D Y LADERA AV.M E L L O W O O D CABERNET SANMILLERCOUNTRYCIRCLECT. D R .S C U L L Y GREENBROOK PAL O CT.SOMERVILLE C T . SOMERVILLE A V E . CT.DR.S A R A T O G A CT. A V E . C T . C A N D Y DRIVEMABEL LOLLY BROOKVIEW W A L D E N ELISA AVE.DR. D R . D R . KOSICH D R . A V E . A V E . C T . FALMOUTHMILLERCT.D R . K O S I C H NORTHAMPTON R O A D CT.D R .C T . OBRAD T I T U S C T . C T . D O V E R N E W P O R T DR.NORTHHAMPTON DR.WESTVIEW W A Y DR.W O O D S I D E DR.P A L M T A G ELMWOODQUITO S A R A T O G A C R E E K R A D O Y K A W A Y L O L L Y W A YBROOKGLEN W Y . CYRILMILLER L A R C H M O N T SCULLY DR.CT.T I B E R A N AVENUE C O L U S A DORCHESTER D R . DR.W Y .D R . WESTVIEW A V E N U E W Y .A V E . C U R R Y A V E . S E A TIBERAN C T . DR.S O L A NA RA LE I G H C T . C T . C E R R O P L .N O R T H A M P T O N W O O D S I D E ANSLEY EDINA P A L M T A G D R . LN.BELLWOOD D R . D R . S E R G E NANTUCKET J O L E N E A S H L A N D C O L U S A C I R .DR. CT.PASEO PL.A V E . D R . PICO NORTHLAWNFLORES TITUS CT.D R .HARGRAVE DR.D R . G U L L WAYF R E E W A Y HOLYOKE DELL CT.T I T U S GUNTHER OLIVOSCT.W O O D CT.CT.PASEOLARCHMONT VENDURACT.CT.C R E E K C A M B R I D G E E A S T O N L N . CT.O L I V O S C T . P A S E O O L I V O S NEEDH AM G L E N E A S T O N LN .W A YLN.SUN P A S E O P A S E O ELMGROVEBIARRITZ VALLEY COLUSA LN. C T . P A S E O CT.BROCKTON MELLONPLYMOUTH R A D O Y K A CT.SARATOGA DR.B I A R R I T Z D R . YUBA CT. L N . R O A D S A R A T O G A W Y . E L M G R O V E BIARRITZ L N . BROCKTON DR.LN.GLEN B A C H C T . CT.A V E . R O D O N I BUCKNALLAVE.B R O O K C T . D A R I E N W Y . A V E . PL.COX H O M E S P A R K W A Y GLEN BRAE C I R C L E CT.SHALENAVE.S A R A TIERRAPASEODR.SHUBERTD E H A VILLA N D OAKS C T. M I L L E R CT.DR.P A L O R D . C T . A B E R D E E N C T . CT.BETLOPRESADA C H A P A R R A L D R .PASEO PUEBLONEWHOUSE C T . C T . C O L U M B I N E T A M I E A R L E E N D R . JUNIPERO AVE.BOBBIEDEHAVILLANDVILLAGE WAY AVE.D R . COX D R . D R . AVE.PALERMO BAYLORCT.A N Z I A LADOPASEO JACCARANDA DR.LA VISTA PURDUE CT. C T .C H A R D O N N A Y C T . CT.VIA REALDR.VIA AVE.DEVONWAY L A V I S T A B R A E REAL VANDERBILTVIAESCUELAVIA E S C U E L A C I R . B E L L G R O V E MASSON DR.S T . TERRACECT. VIA D R .AVE.MC FARLANDMADRONAS CT.AVE.CLEMSONGLEN D R.GRANDE DR.CT.D R . P A S E O C U M B E R L A N D S T . AVE.MARTHAVIAROBLEGRANDE DR. CT.VIA SWARTHMORECONGRESS ST. ANN CRESCENTE J U N C T I O N WOODLEIGHVIACHARTERS T E N O A K CT.C T . CT.S T . D R . CT.S T . Q U I T O M A D R O N A S V I A B L A N C V I L L A N O V A V I A MC COY MC COYAVE.AVE.R A N C H E R O CT.H E A T H G L E N B R I A R M O N T R O S E SCOTLAND CT.D R . A V E . S T . V I A K E V I N A V E . A R R I B A DUNDEE MONTREALLN.V I A DAG MAR L A S A L L E M C D O L E AFTON D R . MONTE W A Y V I A M A D R O N A S AVE.WAYBONNET DR.TISDALEDR. CT.L N . V I A F O N T A I N E W A Y D R . P O RT O S C A R R I C K D R . M C C U L L O C H B R E W I C K AVE.WAYVIA DR.W O O D B R A E W A Y BRAEM AR CT. CT. WAYR A N F R E D R . M O N T E D R .DR.C H R I S T I E S A R A T O G A P L . EMANUEL ABDULLAP O R T O S M O R AY YORKTON WAY CT. H O L I D A Y C T .W A Y KIL T CT.D R . C T . C T. B R E O KODIAC H A R P E R L N . A L V A R A D O C T . T W E E D K I N G S T O N D R .P O R T O S SOUSA HALIFAX P L .LN. L I S A D R . L N .W A R D D R . CASA 1 PINETREE TERR.B O N N E T W A Y BLANCA 2 PONDEROSA TERR.T O R O M A R I E C T . 3 PEACH TERR.R O N N I E LN.WESTMONTHOLIDAY O A H U 4 POPLAR TERR. D R. L O M O N D C T . C T . C R E S T B R O O K AVE. K E R W I N R A N C H C T . LN. L A P A Z W A Y ASPESIWESTOVER M Y R E N R I V E R D A L E D R . M Y R E N METLER D R. CT. CT.WEN DY MERRIBRO O K R O S S M E R E PONDEROSA S P R I N G H I L L C T . CT.CT. TERR. F E R N C R E S T C T . DR.L Y O N S P I N E T R E E Q U I T O DR.ROUNDTREE C T . C T. T E R R . PEACH W A Y D R . TERR.HARLEIGH A S P E S I C T . D R . C T . POPLAR D R . ROUTE TWAINHARLEIGH C T . TERR. CT. RAILROAD H A R L E I G H C T . F O R T U N A 85MANTECA C T . O R L E A N S R I C H E L I E U ATHOS ALCOTTPL.WAY PEREGO WAY Y E R B A C T . ELWOOD P O R T O S C T . WAY D R . D O L P H I N R A V E N W O O D DR.S A N T A C T .A L T O MON TP ER E S E R R A O A K S V I AALLENDALEAVE.ESPADA ELWOOD CT.ALLENDALE B A R C O AVE. L O Q U A T C T . R A V E N D R . C T . C A M I N O A V E . A V E . ELW O OD DR . CAMINO DR.DE LOS HYDERAVENWOODDR.BARCOS M A R I L Y N QUITOGARDNER LANE OAKS D R . WAY B E A R D E N A P R I C O T MONTAUK DR.W A Y D R . CHE S T E R H I L L CT.C T. MARSHALL S H O R T D R . L N . D R . S O B E Y LN. H I L L C T . H Y D E D R . M E A D O W S L I N D A SIE R R ADR. E L C A S A ST. CT. C T . T A O S P A L M S C T . O L I V A R G R A N D E ARCA D IA OKANOGAN R O A D A C R E S F R U I T V A L E S T . C T .T E N R I O P L A Z O L E T A SOBEY V I S T A RD.TEN C A S I T A S S T . V I S T A TAOS CT.A V E . R D . KENOSHA M A C L A Y C T . MINOCQUA CT. CT.L A N E VIA ACRESTAOS D R . T E S O R O EL PI NARWOOD C H E S T E R O L D E V A N S LAGOALTURA DELVISTADOUGLASSLANEROAD C T . WOOD RD.CORDWOOD OLD D O N N A L N . CT.A V E . L A G O N U T W O O D R D . W A L N U T C T . V I AWAY C A L L E L N . BLACK CASITAS C H E S T E R C I R . C A M P O RD.SAN MARCOS A L T U R A SAN MARCOS L E L A N D RD. O M E G A CO LLA D O V I S T A VIA VERSAILLES WAY WAYBURGUNDY E L Q U I T O A LT U R A LN.W A Y LO S P U E N T E O L D C T . A V E . VESSING RD.OL D A D OB E C H E S T E R W AYCHABLIS ALTURAVISTAOAKS CT.C T .O A K W Y . DR.RI NC O NA D A W I L D S O B E Y W A Y OA K S CT. AVE.FARWELL R D . AVE.MISTLETOE RIESLING R D . CT.W A Y RD.ZI N F AND E L A D O B E C T. C T . A V E . O A K A M B L E S I D E D R . H I L L MON TC LAI R WOODBANK S P R I N G M O N C L A I R PINNACLE CT.LALIVE BROOKLN.POSADACT. P L A Z A G R A N I T E G Y P S Y WAY WAY P O S A D A CI M A SANDREW FARWELL CT.L A ARBOLADOLN.C R I S P WAY V I ACRISPLAS AVE.C T . AVE.C T . C T .AQUINO OAKS R D . THREE B A R A N G A R A N C H O WAY V A L L E C I T O S C T . W A Y T E R O R E S F R U I T V A L E H A U N D EGRANITE V I A T E R E S A BICKNELL V I A OAKSTHREE WAY V E R O N A LN. C T . L N . B E S T V I E W WAYCT.D R .R D . C T . VISTAVALLE S P E R R Y D R .DR. R O A D E N C I N A S P E R R Y Q U I T O O R I O L E R O A D E LVISTA AVON C T . E L MAUDE AVE.LN.C T . L O M I T A ALONDRA L U C I N D A DR.GREGORYLN.B E C K Y V A L L E S O B E Y PL.O R I O L E W A Y S T R A T F O R D J O9LN. V I A C O L I N A J A N O R A L M A C T. PANORAMA B E L L E MONTE WAY C A M I N O DR.C T . RD. T A M S O N C T . BLUE GUM G R A N D E WAY V I A VIA ENCANTADA V I A C R E E K S TWINVISTA CHADBOURNE C A B A L L E R O C T . B A N Y A N 9DR. L N . P E P P E R L N . Q U I T O DR. SARATOGA UNA WOOD V A Q U E R O MONTEGLEN D R . V I A SUNNYSIDE DR.WAY OAK DR.O A K S LOSDR. S K Y L N . D R . GATOS HILLVIEW WA Y A V E . C I T R U S A US T IN BAINTER D R . A U S TIN T O Y O N LAURELRIDGE B A I N T E R DR.W A YCREST O R O DEER VIN T N E R C T. M A S S O N C T . D E E R C A N Y O N LN. H I L L T O P W Y . MIN A W Y. M A G N O L I A C T . PETU NI A C T. EL DORADO CT. S T E R L I N G O A K C T . GORDON CT. O A K H O L L O W L N . BARONI CT. QUAIL ACRES RO DE O C RE E K HO LLO W CT. B O U G A N V I L L E A C T . P E R A L T A C T . SEVILLA BELLA VINA E M E R A L D H I L L S C T . .0 0.5 1 1.5 20.25 Miles Copyright 2006 County of Santa Clara, All Rights Reserved City of Saratoga Designated Hazardous Fire Area - Early Warning Alarm System For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 14-25.110, 15-80.090 and 16-60-010 et seq. Legend Hazardous Fire Area Saratoga City limit 186 Page | 1 St a t e o f C a l i f o r n i a “ V e r y H i g h F i r e H a z a r d Z o n e M a p ” Co m p a r e d t o t h e C i t y o f S a r a t o g a “ F i r e H a z a r d M a p ” Ea c h o f t h e t w o m a p s l i s t e d a b o v e t r i g g e r s sp e c i f i c r e g u l a t o r y r e q u i r e m e n t s . P r o p e r t i e s w i t h i n t h e v e r y h i g h f i r e h a z a r d s e v e r ity zones de l i n e a t e d o n t h e m a p p r o v i d e d b y t h e S t a t e D i r e c t o r o f F o r e s t r y an d F i r e P r o t e c t i o n ( t h e “ S t a t e M a p ” ) w i t h a n y m o d i f i c a t i o n s ap p r o v e d b y t h e C i t y a r e s u b j e c t t o f i r e s a f e t y m e a s u r e s se t f o r t h i n s e c t i o n s 5 1 1 7 5 t h r o u g h 51 1 8 9 o f t h e C a l i f o r n i a G o v e r n m e n t Code. In d e p e n d e n t l y o f t h e S t a t e l a w , t h e C i t y h a d e a r l i e r a d o p t e d a m a p ( t h e “ C i t y M a p ” ) s ho w i n g f i r e h a z a r d z o n e s i d e n t i f i e d b y t h e City an d i m p o s i n g d e s i g n a n d b u i l d i n g s t a n d a r d s r e f l ec t i n g t h e i n c r e a s e d r i s k i n t h o s e a r e a s . T h e p r o p o s e d o r d i n a n c e w o u l d c o m b i n e the ma p s ( a n d t h e i r a s s o c i a t e d l e g a l r e q u i r e m e n ts ) s o t h a t t h e S t a t e a n d C i t y f i r e p r o t ec t i o n r e q u i r e m e n t s a r e a p p l i e d c o n s i s t e n t l y . T h e fo l l o w i n g t a b l e c o m p a r e s h o w e a c h m a p a f f e c t s v a ri o u s a c t i v i t i e s w i t h i n t h e c o v e r e d a r e a . M a p / L a w : Ac t i v i t y : St a t e M a p / L a w Ci t y M a p / C o d e Ar e a s N o t O n E i t h e r M a p Ma i n t a i n i n g De f e n s i b l e Sp a c e Ge n e r a l l y r e q u i r e s b e t w e e n 3 0 a n d 1 0 0 f e e t of d e f e n s i b l e s p a c e s u r r o u n d i n g s t r u c t u r e s . Co m p a r a b l e t o S t a t e l a w . No r e q u i r e m e n t s . Br u s h Ab a t e m e n t Re m o v e a n y p a r t o f a t r e e t h a t e x t e n d s wi t h i n 1 0 f e e t o f a c h i m n e y o r s t o v e p i p e ; ma i n t a i n t r e e s a d j a c e n t t o o r o v e r h a n g i n g an y s t r u c t u r e f r e e o f d e a d / d y i n g w o o d ; ma i n t a i n t h e r o o f o f a n y s t r u c t u r e f r e e o f ve g e t a t i v e m a t e r i a l s . Co m p a r a b l e t o S t a t e l a w a n d t r e e cr o w n s s h a l l b e k e p t a t l e a s t 1 0 f e e t fr o m s t r u c t u r e s a n d fi r e c o d e o f f i c i a l ca n r e q u i r e b r u s h c l e a r a n c e f r o m ro a d w a y s , e l e c t r i c a l l i n e s . No r e q u i r e m e n t s . Re a l E s t a t e Di s c l o s u r e Re q u i r e m e n t Re q u i r e s a t r a n s f e r o r o f re a l p r o p e r t y w i t h i n a v e r y h i g h f i r e h a z a r d s e v e r i t y z o n e t o di s c l o s e t h i s f a c t a n d t h a t t h e p r o p e r t y i s su b j e c t t o t h e r e q u i r e m e nt s o f G o v ’ t C o d e § 51 1 8 2 . No r e q u i r e m e n t s . No r e q u i r e m e n t s . 18 7 Page | 2 Bu i l d i n g Pe r m i t Re q u i r e m e n t Pr i o r t o b u i l d i n g a n e w s t r u c t u r e o r re b u i l d i n g o n e d a m a g e d b y f i r e w h i c h re q u i r e s a b u i l d i n g p e r m i t , a n o w n e r s h a l l ob t a i n c e r t i f i c a t i o n f r o m t h e b u i l d i n g of f i c i a l t h a t i t c o m p l i e s w i t h a l l s t a t e a n d lo c a l b u i l d i n g s t a n d a r d s. U p o n c o m p l e t i o n , an o w n e r s h a l l o b t a i n a c o p y o f t h e f i n a l in s p e c t i o n r e p o r t d e m o n s t r a t i n g t h e st r u c t u r e w a s c o n s t r u c t e d i n c o m p l i a n c e wi t h a l l a p p l i c a b l e s t a t e a n d l o c a l b u i l d i n g st a n d a r d s . T h e s e r e p o rt s s h a l l b e p r o v i d e d to a n i n s u r e r u p o n r e q u e s t . St a n d a r d b u i l d i n g p e r m i t a n d bu i l d i n g i n s p e c t i o n r e q u i r e m e n t s . St a n d a r d b u i l d i n g p e r m i t a n d bu i l d i n g i n s p e c t i o n re q u i r e m e n t s . Al a r m Re q u i r e m e n t No r e q u i r e m e n t s . Re q u i r e s i n s t a l l a t i o n o f a n a l a r m sy s t e m f o r s u b d i v i s i o n s ; n e w s i n g l e - fa m i l y d w e l l i n g s ; c o m m e r c i a l st r u c t u r e s o r c o m m u n i t y f a c i l i t i e s ; an d a d d i t i o n s t o s u c h s t r u c t u r e s o f 50 % o r m o r e . Ci t y C o d e r e q u i r e s i n s t a l l a t i o n of a n a l a r m s y s t e m f o r su b d i v i s i o n s a n d n e w s i n g l e - fa m i l y d w e l l i n g s , c o m m e r c i a l st r u c t u r e s o r c o m m u n i t y fa c i l i t i e s i n e x c e s s o f 5 , 0 0 0 sq u a r e f e e t ; a n d a d d i t i o n s t o su c h s t r u c t u r e s o f 5 0 % o r mo r e o r t h a t w i l l c a u s e a n ex i s t i n g s t r u c t u r e t o e x c e e d 5, 0 0 0 s q u a r e f e e t . Sp r i n k l e r Re q u i r e m e n t No r e q u i r e m e n t s . Al l n e w b u i l d i n g s a n d a n y e x i s t i n g bu i l d i n g s m o d i f i e d t o i n c r e a s e f l o o r ar e a w i t h a n e x c e p t i o n f o r a c c e s s o r y st r u c t u r e s . Ci t y C o d e r e q u i r e s t h e in s t a l l a t i o n o f s p r i n k l e r s i n : a l l ne w / e x p a n d e d b u i l d i n g s w i t h 3, 6 0 0 s q u a r e f e e t o r m o r e gr o s s f l o o r a r e a o r 3 o r m o r e st o r i e s a n d i n o t h e r s p e c i f i e d ci r c u m s t a n c e s . 18 8 Page | 3 Wa t e r S u p p l y Re q u i r e m e n t No r e q u i r e m e n t s . Wa t e r s o u r c e s s h a l l b e l o c a t e d n o t mo r e t h a n 6 0 0 f e e t f r o m t h e e x t e r i o r wa l l s o f t h e b u i l d i n g ; h y d r a n t s s h a l l be d e s i g n e d a n d c o n s t r u c t e d i n ac c o r d a n c e w i t h n a t i o n a l l y re c o g n i z e d s t a n d a r d s ; w a t e r s u p p l i e s mu s t m e e t a d e q u a c y s t a n d a r d s . No r e q u i r e m e n t s . P: \ S A R A T O G A \ R E S O L U T I \ F i r e H a z a r d Ma p A d o p t i o n O r d i n a n c e \ A t t a c h m e n t 3 ( C o m p a r i s o n o f S t a t e & C i t y F i r e H a z a r d M a p R e q u i r e m e n t s ) . do c 18 9 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review incentives related to Conditional Use Permits to encourage new businesses in the City RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: On March 3, 2009 the City Council reviewed the fees associated with Conditional Use Permits and expressed interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use Permit (CUP). This item was place on the March 18, 2009 City Council agenda. At this meeting the City Council discussed various incentives that included allowing certain businesses to have the fees associated with a Conditional Use Permit reimbursed by the City. The City Council also created an ad-hoc committee comprised of Council members Jill Hunter and Susie Nagpal to review specific types of uses that the incentives could be applied to. The Council recommended that $25,000 be made available for five new businesses. The Committee recommended that the incentives be made available for the next 18 months to the first five businesses that receive CUP approval from the list below. The intention was to allow any combination of the below listed businesses and to telegraph the message that Saratoga is interested in these types of businesses in our commercial districts throughout the city. The Committee also created an “undesignated” category to allow for the possibility of a business, consistent with the Council’s efforts to vitalize the commercial areas, to come into the City of Saratoga even if it does not fit into one of the specific categories listed below. This business would need to come to the City Council prior to submitting for a Conditional Use Permit for the incentive recommendation. The following are the specific uses recommended by the Committee: • Family Style Restaurant that serves breakfast, lunch and dinner • Bakery • Grocery store • Wine Tasting Page 1 of 2 190 Page 2 of 2 • Ice Cream or Yogurt store • Art and Crafts Instructional Activities including but not limited to art lessons or martial arts instruction • Undesignated FISCAL IMPACTS: The City Council has approximately $43,300 remaining in their discretionary fund. Funding for an incentive program would reduce the funds in this account by $25,000 which would reduce the fund to $18,300. ALTERNATIVE ACTIONS: The Council could recommend maintaining the existing Conditional Use process with no incentives. FOLLOW UP ACTION: Direct the City Manger to reimburse any business that meets the recommended criteria and obtains an approved Conditional Use Permit. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Matrix of Permitted and Conditional Uses 2. Code excerpts for Permitted and Conditional Uses 191 Commercial District Regulations Summary Permit Type P ‐ Permitted CUP – Conditional Use Permit X – Expressly Prohibited Use Use Description C‐N C‐V C‐H Retail establishments P P P Home occupations P P P Parking lots P P P Accessory structures and uses located on the same site as a permitted use P P P Restaurants CUP CUP CUP Markets and delicatessens CUP CUP CUP Any establishment engaged in the sale of alcoholic beverages CUP CUP CUP Hotels and motels CUP CUP CUP Bed and breakfast establishments CUP CUP CUP Institutional facilities Community facilities CUP CUP CUP Game arcades CUP CUP CUP Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure CUP CUP CUP Animal establishments CUP CUP CUP Public buildings and grounds CUP CUP CUP Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities CUP CUP CUP Accessory structures and uses located on the same site as a conditional use CUP CUP CUP Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications CUP CUP CUP Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property X X X Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. X X X Drive‐through service X X X Any use involving automotive body work, such as collision repair, painting, dismantling or customizing X X X C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment#1.doc 192 Commercial District Regulations Summary Permit Type P ‐ Permitted CUP – Conditional Use Permit X – Expressly Prohibited Use Use Description C‐N C‐V C‐H Mini‐storage facilities X X X Outdoor sales or storage of motor vehicles X X X Professional and administrative offices P P P 1 CUP 2 Financial institutions P P P1 CUP2 Personal service businesses P P P 3 CUP 4 Religious and charitable institutions. P CUP CUP Christmas tree and pumpkin sales lots P ‐ ‐ Mixed‐use development CUP CUP CUP Medical offices and clinics CUP CUP P1 CUP2 Mortuaries ‐ CUP ‐ Theaters ‐ CUP CUP Automobile upholstering shops ‐ CUP ‐ 1 When located either above the street level or at the street level if separated from the street frontage by a retail establishment. 2 When located at street level and having street frontage. 3 When above street level but do not have primary access from Big Basin Way or across the front lot line. 4 When having primary access from Big Basin Way or across the front lot line. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment#1.doc 193 Residential District Regulations Summary Permit Type P ‐ Permitted CUP – Conditional Use Permit X – Expressly Prohibited Use Use Description R‐1 R‐M HR R‐OS Single‐family dwellings P P P P 5 Multi‐family dwellings ‐ P ‐ ‐ Accessory structures and uses (On site with permitted uses) P P P P Accessory structures and uses (On site with conditionally permitted uses) CUP CUP CUP ‐ Accessory structures for agricultural use ‐ ‐ ‐ CUP Accessory structures exceeding a floor area of two hundred fifty square feet ‐ ‐ ‐ CUP Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment products or supplies for commercial uses. P P ‐ ‐ Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises. ‐ ‐ P ‐ Wineries ‐ ‐ CUP CUP Plant nurseries, excluding sales of items other than plant materials. ‐ ‐ CUP ‐ Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. ‐ ‐ ‐ P Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees ‐ ‐ ‐ CUP Home occupations P P P P Stables and corrals (Two or fewer horses) P 6 ‐ P ‐ Stables and corrals (More than Two horses) ‐ ‐ CUP ‐ Stables, corrals, and pastures (one acre per two horses) ‐ ‐ ‐ P 5 Not more than one per lot. 6 For the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment#1.doc 194 Permit Type P ‐ Permitted CUP – Conditional Use Permit X – Expressly Prohibited Use Use Description R‐1 R‐M HR R‐OS Commercial stables, boarding stables and community stables ‐ ‐ ‐ CUP Swimming pools P P P P The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles P P P P Recreational courts P 7 ‐ ‐ CUP Community facilities CUP CUP CUP ‐ Institutional facilities CUP CUP CUP ‐ Police and fire stations and other public buildings, structures and facilities CUP CUP CUP CUP Religious and charitable institutions. CUP CUP CUP ‐ Nursing homes and day care facilities, in excess of six persons being cared for at the facility. CUP CUP CUP ‐ Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines CUP CUP ‐ CUP Recreational courts CUP 8 CUP CUP ‐ Boarding stables and community stables CUP ‐ CUP ‐ Model homes utilized in connection with the sale of new single‐family dwellings in a subdivision CUP CUP CUP ‐ Cemeteries. CUP ‐ ‐ ‐ Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. CUP CUP CUP ‐ Hotels (in the R‐M‐3,000 district only) ‐ CUP ‐ ‐ Public parks, trails and other publicly owned open spaces. ‐ ‐ P P Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. ‐ ‐ ‐ ‐ Cluster development ‐ ‐ CUP CUP Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. ‐ ‐ ‐ CUP 7 To be used solely by persons resident on the site and their guests. 8 To be used solely by persons resident on the site and their guests, where the lot is located in an R‐1 district that is combined with a P‐C district or is part of a planned residential development. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment#1.doc 195 C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment#1.doc Permit Type P ‐ Permitted CUP – Conditional Use Permit X – Expressly Prohibited Use Use Description R‐1 R‐M HR R‐OS Picnic and camp sites ‐ ‐ ‐ CUP Botanical gardens ‐ ‐ ‐ CUP 196 Commercial District Regulations 15‐19.020 General Regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on‐site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15‐55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40 of this Chapter. (3) Parking lots which comply with the standards for off‐street parking facilities as set forth in Section 15‐35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15‐55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7‐20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7‐ 20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 197 (c) Expressly prohibited uses. Without limiting the application of Section 15‐05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive‐through service, such as restaurants and financial institutions with drive‐through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini‐storage facilities. (6) Outdoor sales or storage of motor vehicles. 15‐19.030 C‐N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this Article, the following permitted uses shall also be allowed in a C‐N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this Article, the following conditional uses may also be allowed in a C‐N district, upon the granting of a use permit pursuant to Article 15‐55 of this Chapter. (1) Mixed‐use development conforming to the design standards found in Article 15‐58. (2) Medical offices and clinics. 15‐19.040 C‐V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this Article, the following permitted uses shall also be allowed in a C‐V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this Article, the following conditional uses may also be allowed in a C‐V district, upon the granting of a use permit pursuant to Article 15‐55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed‐use development conforming to the design standards found in Article 15‐58. (3) Medical offices and clinics. (4) Mortuaries. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 198 (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. 15‐19.050 C‐H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this Article, the following permitted uses shall also be allowed in the CH‐1 and CH‐2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this Article, the following conditional uses may also be allowed in the CH‐1 and CH‐2 districts, upon the granting of a use permit pursuant to Article 15‐55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed‐use development conforming to the design standards found in Article 15‐58. (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 199 Residential District Regulations Article 15‐12 R‐1: SINGLE‐FAMILY RESIDENTIAL DISTRICTS 15‐12.020 Permitted uses. The following permitted uses shall be allowed in the R‐1 districts: (a) Single‐family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or one guest house. (c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment products or supplies for commercial uses. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40 of this Chapter. (e) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7‐ 20.220 of this Code. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h) of this Chapter. (h) Except as specified in Section 15‐12.030, recreational courts, to be used solely by persons resident on the site and their guests. (Amended by Ord. 221 § 2 (part), 2003) 15‐12.030 Conditional uses. The following conditional uses may be allowed in the R‐1 districts, upon the granting of a use permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 200 structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located in an R‐1 district that is combined with a P‐C district or is part of a planned residential development. (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐ 20.220 of this Code. (j) Model homes utilized in connection with the sale of new single‐family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (l) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) Article 15‐17 R‐M: MULTI‐FAMILY RESIDENTIAL DISTRICTS 15‐17.020 Permitted uses. The following permitted uses shall be allowed in the R‐M districts: (a) Single‐family dwellings. (b) Multi‐family dwellings. (c) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops, cabanas and structures for housing swimming pool equipment. (d) Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment, products or supplies for commercial uses. (e) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40 of this Chapter. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use of a reasonable number of dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h) of this Chapter. 15‐17.030 Conditional uses. The following conditional uses may be allowed in the R‐M districts, upon the granting of a use permit pursuant to Article 15‐55 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 201 (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests. (i) Model dwelling units utilized in connection with the sale of dwelling units in a residential subdivision, located within the same subdivision or, in the discretion of the Planning Commission, within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (j) Hotels, in the R‐M‐3,000 district only. (k) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71‐163 § 1 (part), 1996) Article 15‐13 HR: HILLSIDE RESIDENTIAL DISTRICT 15‐13.030 Permitted uses. The following permitted uses shall be allowed in the HR district: (a) Single‐family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. (c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40 of this Chapter. (e) Stables and corrals or the keeping for private use of not more than two horses on a site. The minimum net site area shall be forty thousand square feet for one horse and eighty thousand square feet for two horses, except that in the equestrian zone only, a second horse may be kept if the net site area is at least forty thousand square feet. All horses shall be subject to the regulations and license provisions set forth in Section 7‐20.220 of this Code. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. (Ord. 71.113 § 2 (part), 1992) 15‐13.040 Conditional uses. C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 202 The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter. The conditional uses listed in subsections (k), (l), (m), (n) and (o) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐ 20.220 of this Code. (e) Model homes utilized in connection with the sale of new single‐family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7‐20.220 of this Code. (g) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. (i) Cluster development in accordance with Section 15‐13.060(c). (j) Community facilities. (k) Institutional facilities. (l) Police and fire stations and other public buildings, structures and facilities. (m) Religious and charitable institutions. (n) Nursing homes and day care facilities. (o) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Ord. 71.113 § 2 (part), 1992; Ord. 71‐163 § 1 (part), 1996; Ord. 245 § 2 (Att. A) (part), 2006) Article 15‐20 R‐OS: RESIDENTIAL OPEN SPACE DISTRICT 15‐20.020 Permitted uses. The following permitted uses shall be allowed in the R‐OS district: (a) Single‐family dwellings. No more than one dwelling unit shall be located on each lot. (b) Accessory structures located on the same lot as a permitted use and not exceeding a total floor area of two hundred fifty square feet, including detached garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. Accessory structures for C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 203 agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. (c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40 of this Chapter. (e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site area shall be one acre for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7‐20.220 of this Code. Notwithstanding the provisions of Section 16‐80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and/or the City Engineer’s requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15‐20.050(g)(5) and Section 15‐ 80.030. (g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in subsection 15‐11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006) 15‐20.030 Conditional uses. The following conditional uses may be allowed in the R‐OS district, upon the granting of a use permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter: (a) Accessory structures exceeding a floor area of two hundred fifty square feet. The height standards for such structures may be modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. (d) Police and fire stations and other public buildings, structures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in Section 15‐80.030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc 204 C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #2.doc prescribed in Section 7‐20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens. (l) Clustered housing per Section 15‐20.060(d). (m) Veterinarian clinics. (Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006) 205 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Community Garage Sale RECOMMENDED ACTION: Accept report and provide staff with direction on the budget for the community garage sale this year and in future years. BACKGROUND: In May 2008, the Council directed staff to host a community garage sale in conjunction with the 2009 annual West Valley Collection and Recycling cleanup, which takes place from July 13, 2009 to September 18, 2009. The Council hoped the citywide garage sale would serve as an opportunity to build community and increase the amount of waste Saratoga diverts from landfills. The garage sale is currently schedule for July 25, 2009. Initially, staff was asked to coordinate the garage sale in partnership with the Town of Los Gatos. However, Los Gatos indicated that it would not be able to collaborate with Saratoga. Los Gatos staff wanted to be sensitive to the many participants from the Los Gatos/ Monte Sereno garage sale who feel the event is already too large. Additionally, Los Gatos staff is anticipating a significant reduction to the program’s budget. Other neighboring cities that hold city-coordinated garage sales were also unwilling to include Saratoga in their citywide garage sales. In our discussions, staff found that many jurisdictions are either eliminating or reducing the scale of their community garage sales, because these events are both costly and staff intensive. Staff researched the cost of independently coordinating a citywide garage sale and found that an event of this type will cost approximately $5,000. This covers all of the necessary advertising expenses, including: - Advertisements in the Saratoga News to encourage residents to register for the garage sale - Advertisements in all of the Silicon Valley Community Newspapers aimed at attracting members of the public to Saratoga garage sales on the day of the event - Classifieds in the San Jose Mercury News - Printing flyers, posters, and registration forms This estimate does not include other expenses, such as staff time spent: Page 1 of 2 206 Page 2 of 2 - Managing registration - Developing and distributing flyers/advertisements - Compiling garage sale locations - Managing traffic issues on the day of the event - Updating the City website with event information REQUESTED DIRECTION: Before moving forward with the community garage sale, staff is seeking Council direction on the following: 1. Council approval to use Community Event Funds, or another source in the City’s budget, to cover the expenses of the 2009 community garage sale. 2. Council direction on how to fund the garage sale in future years FISCAL IMPACTS: The out-of-pocket expense of the community garage sale is expected to be $5,000. ALTERNATIVE ACTION(S): Rather than holding a citywide garage sale, the Council could select another less-costly option to help divert waste from landfills. One alternative is to partner with a local organization(s) to coordinate donation collections from residences or at a central location in the City. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Nothing additional. 207 SARATOGA CITY COUNCIL MEETING DATE: April 1, 2009 AGENDA ITEM: ______ ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Village Streetscape Improvements – Review of Conceptual Design ______________________________________________________________________________ RECOMMENDED ACTION(S): 1. Receive report and provide direction to staff regarding the Village Streetscape Conceptual Design Plans prepared by Gates and Associates. 2. Approve Amendment to the Professional Services Contract with Gates and Associates in the amount of $13,800 for increased scope of work. 3. Determine news rack design option. REPORT SUMMARY: Background: In 2004, the City entered into an agreement with the State (Caltrans), which relinquished the Village sidewalks and the corresponding right-of-way to the City. The agreement also provided funding in the amount of $711,000 to perform needed infrastructure improvements and in return the City assumed maintenance responsibility and liability of the sidewalks. In early 2008, the City applied for and was awarded a $425,000 safety enhancement grant for the Village, through VTA, to perform pedestrian safety enhancements. On August 6, 2008, the City Council awarded a professional services contract to Gates and Associates for design work connected to the pedestrian safety enhancement grant and general beautification improvements in the Village. Included in the contract with Gates and Associates was the facilitation of two public meetings to collect input on the project. To assist and provide leadership with the process the City Council appointed a two member council ad hoc consisting first of Councilmember Page and Councilmember Hunter, and more recently Councilmember Nagpal who took Councilmember Page’s place when he became Mayor. The first public meeting held on October 27th was primarily aimed at collecting ideas from the public on what improvements they envisioned the Village needed. The meeting was invaluable 208 and helped the design team steer the conceptual design that was presented at the second public meeting held on February 2nd. Discussion: The conceptual design, which will be presented by Gates and Associates, is a collaborative plan that combines public input and parameters of the pedestrian safety grant. Although the City may not be able to fund all the improvements called out in the conceptual design at one time, it was important to capture an overall vision for the Village that could be used as “Master Plan” for future improvements or phases. The main design elements in the conceptual plan are as follows: 1. Pedestrian safety enhancements and corresponding locations*: • Concrete coble crosswalk at Big Basin Way/Highway 9 • Bulb-Outs and concrete coble pedestrian crosswalk with in-pavement flashing lights at Big Basin Way/Starbucks • Bulb-outs and concrete coble pedestrian crosswalks at Big Basin Way/3rd Street • Bulb-outs and concrete coble pedestrian crosswalks Big Basin Way/4th Street • Bus Stop Shelter on Saratoga Avenue across from the old Post Office *The above items are improvements connected to the Pedestrian Safety Grant. 2. General improvements and beautification: • Landscape median with Oak tree at 4th Street • Kiosk at Blaney Plaza • Hanging Flower Baskets • Enhanced Tree Wells 3. Other improvement items: • Continuation of repair to sidewalks, curb and gutters • News Racks – (See Attachment 1 for news rack types and public vote results) 4. Items that are included in the conceptual design, but are outside of the current project budget (Phase II Improvements): • Concrete Pavers at the Highway 9 “Spur” adjacent to Blaney Plaza • Entry Wall/Village Sign Element at Blaney Plaza • Entry Element at 3rd Street (Turkey Trot) • Up-lights at each Tree Well (can be funded and implemented over the course of a few years via the Landscaping and Lighting District) 2 of 4 209 Once the City Council determines which design elements they wish to move forward with, staff will direct the City’s design consultant to move forward with construction plans. The project will require an encroachment permit from Caltrans along with approvals for two design exceptions to their standard highway design specifications. The design exceptions are connected to the new median at 4th Street. Additional design elements include the kiosk and bus shelter. In order to move forward with additional design work it will be necessary to increase the design contract in the amount of $13,800 (Attachment 2). There are sufficient funds in the FY 08/09 budget for this work. Once the encroachment permit is approved staff will solicit bids for construction. Depending on the review time with Caltrans, work could begin as early as July. FISCAL IMPACTS: Funding for this work is programmed in the 08/09 CIP budget under Village Improvements and Village Pedestrian Enhancements. Village Budget Information: Approved Project Current Budget Expenditures/Enc Balance Village Improvements: 626,000 $101,430 $524,570 Village Ped Enhancements Design: 115,000 107,198 7,802 Village Ped Enhancements Construction: 425,000 0 425,000 Total: $1,166,000 $208,628 $957,372 ____________________________________________________________________________________ Estimated Project Expenditures: Phase I Extra Design Work: 4th St median, kiosk, bus shelter $13,800 Village Ped Improvements: BBW/Hwy 9 15,564 BBW/Starbucks 145,967 BBW/3rd St 244,731 BBW/4th (includes median) 474,447 Bus Stop Shelter 15,564 General Improvements: Kiosk at Blaney 35,000 Enhanced Tree Wells 40,375 Hanging Baskets 7,750 Other Improvements: Completion of concrete repairs 100,000 Subtotal: $1,093,198 10% Contingency: 109,352 Total Phase I Improvements: $1,202,550 3 of 4 210 4 of 4 The estimated costs for design elements outside of the current project scope are listed on Attachment 2. These improvements can be viewed as Phase II Improvements. Although the desired improvements for Phase I are approximately $250,000 more than the available budget, bids for construction work are running about 20% less than engineering estimates. Therefore, staff recommends moving forward with the full design of Phase I Improvements then value engineer the improvements to reduce costs to meet the available budget, if needed. Another option would be to supplement the project budget during the next CIP update. ____________________________________________________________________________________ Maintenance Costs: Currently, the tree wells and other enhanced landscaping in the Village are maintained by the Village Gardeners, a volunteer group. If the City began to maintain color spots at each tree well, and the additional landscaping called out in the conceptual plan, the estimated yearly maintenance costs to the City are as follows: Hanging Baskets: $15,000 (based on 50 baskets) Tree Wells: $25,000 (all tree wells on Big Basin) New Planter Areas at Bulb-Outs/Median: $2,500 $42,500 per year** **(includes water, 2 color rotations per year, basket liner change-outs, and weekly maintenance) CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The conceptual design items would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None additional. FOLLOW UP ACTION(S): The design construction design work will move forward. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. News Rack Options 2. Proposal for Additional Design Work. 3. Phase II Construction Estimate. 211 Village Newsracks Available Budget: $23,307 Option #1 Dark Brown Newsrack 18.75 % of Vote Cost: Free Option #2 Green Metal Newsrack 64.06 % of Vote Cost: $4,312 Option #3 Newsrack with Wooden Facade 12.5 % of Vote Cost: $2,220 212 213 Sa r a t o g a V i l l a g e P e d e s t r i a n E n h a n c e m e n t s Pr o b a b l e C o s t E s t i m a t e - P H A S E I I IT E M U n i t Q u a n t i t y U N I T C O S T S U B T O T A L 1 P r o p o s e d C o n c . 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G a t e s h a s n o c o n t r o l o v e r c o n s t r u c t i o n q u a n t i t i e s , c o s t s , a n d r e l a t e d f a c t o r s a f f e c t i n g c o s t s , an d a d v i s e s th e c l i e n t t h a t s i g n i f i c a n t v a r i a t i o n s m a y o c c u r b e t w e e n t h i s o p i n i o n o f p r o b a b l e c o n s t r u c t i o n c o s t s a n d a c t u a l c o n s t r u c t i o n p r ic e s . C o s t s sh o w n r e f l e c t t o d a y s d o l l a r s ( 2 0 0 9 ) a n d n o a d j u s t m e n t s h a v e b e e n m a d e f o r i n f l a t i o n / d e f l a t i o n i n t h i s e s t i m a t e . E s t i m a t e s d o n o t i n c l u d e th e c o s t o f i r r i g a t i o n w a t e r m e t e r , s o f t c o s t s o r i n f l a t i o n . 21 4