HomeMy WebLinkAbout11-01-2006 City Council Agenda Packet
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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 1,2006
REGULAR MEETING - 7:00 P.M. - CIVIC THEA TERlCOUNCIL 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
Octoher 27,2006.)
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 j
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 stafJ
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to StafJregarding actions on current Oral Communications.
Communications from Boards and Commissions
None
Council Direction to Staff
Instruction to StafJ regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
lA. Introduction of the new Captain, Capt. Terrence Calderone, and new Lieutenant,
Lt. Mark Eastus, at the West Valley Substation Santa Clara County Sheriffs
Office
IE. The City of Saratoga new website will be available to the public by November 15,
2006. The City's website address is www.saratoga.ca.lls .
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CEREMONIAL ITEMS
2A. Commendations Honoring Paul COillado
Recommended action:
Present commendations.
2B. Presentation by Assembly Member Rebecca Cohn - Resolution Celebrating the
City of Saratoga's 50th Anniversary
Recommended action:
Accept resolution.
2C. Commendation Honoring Supervisor Assembly Member Rebecca Cohn
Recommended action:
Present commendation.
2D. Proclamation Supporting and Encouraging Health Awareness
Recommended action:
Acknowledge proclamation.
SPECIAL PRESENTATIONS
None
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.
3A. City Council Minutes - July 19, 2006
Recommended action:
Approve minutes.
3B. City Council Minutes - September 6, 2006
Recommended action:
Approve minutes.
3C. City Council Minutes - September 20, 2006
Recommended action:
Approve minutes.
3D. Check Register for 10/17/06
Recommended action:
Accept register.
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3E. Budget Carryovers from Fiscal Year (FY) 2005/06 to FY 2006/07
Recommended action:
Adopt resolution approving Budget Adjustment No. 14 to the FY 2006/07 adopted
budget to carryover appropriations from FY 2006/06 to FY 2006/07 and
appropriate funds for TEA Consultant.
3F. Adopt Ordinance Amending Various Sections of Chapters 7, 9, 14, 15 and 16 of
the City Code, and Adding Section 15-05.588 Providing a Definition of "Setback
Areas" and Appendices A and B to Chapter 15
Recommended action:
Waive the second reading and adopt the ordinance amending various sections of
the City Code making teclmical revisions concerning various zoning matters as
introduced at the City Council meeting of October 18,2006.
3G. Ordinance Amending the Saratoga City Code Regarding Compensation of City
Council members
Recommended action:
Waive Second Reading and adopt ordinance.
3H. FY-2006-2007 County/City CDBG Contract
Recommended action:
1. Adopt resolution authorizing the City Manager to execute a $487,891.28
contract with Santa Clara County for the FY 2006-2007 CDBG Program.
2. Approve budget adjustment No. 13 to the FY 2006-2007 budget to
carryover appropriation of unspent CDBG funds from FY 2005-2006.
31. Haymeadow Drive Subdrain Repair - Contract Change Order
Recommended action:
Approve Budget Adjustment No. 18 to the FY 2006-07 budget and adopt
resolution to provide additional financing to the contract with Soil Engineering
Construction, Inc.
31. Resolution Describing Improvements and Directing Preparation of Engineer's
Report for Fiscal Year 2007 -08 Landscaping and Lighting Assessment District
Annexation No.1 (Carnelian Glen)
Recommended action:
Adopt resolution.
PUBLIC HEARINGS
4. 07-049/19848 Prospect Road-Application for Adoption ofa Negative Declaration
and General Plan Amendment for the North Campus
Recommended action:
Adopt resolution adopting a Negative Declaration and approval of the proposed
General Plan Amendment to change the designation of a City-owned site called
the North Campus from Residential Medium Density to Single Family '\1-10 to
Public Facilities.
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5. Ordinance Amending the Saratoga City Code Regarding Signs in City Parks
Recommended action:
Conduct Public Hearing and introduce and waive first reading of ordinance
regarding signs in City parks and direct staff to place ordinance on consent
calendar for final adoption.
OLD BUSINESS
6. Kevin Moran Park Conceptual Design Plan
Recommended action:
1. Approve Conceptual Design Plan.
2. Authorize staff to begin the Environmental Study based on the Conceptual
Design Plan
7. Village Decorative Tree Lighting Proposal
Recommended action:
1. Accept report and direct staff accordingly.
2. Adopt budget resolution to approve Budget Adjustment No. 19 to FY
2006/07.
NEW BUSINESS
8. Historic Book/Video of the City of Saratoga
Recommended action:
Accept report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
Santa Clara County Cities Association
County HCD Policy Committee
SASCC
Councilmember Nick Streit
Recycling & Waste Reduction Commission of SCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
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Councilmember Ann WaJtonsmith
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
Highway 9 Safety Project Committee
Councilmember Kathleen King
Peninsula Division, League of California Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
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) 8613-1269.
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 Postil}g of Agenda:
1, Cathleen Boyer, '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 October 27,
2006, Cay of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available fiJr
public review at that location. The agenda is also available on the City's website at
lvwlv.sarato.ea. ca. us
Signed this 27''' day of October, 2006 at Saratoga, California.
Cathleery Boyer, CMC
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CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2006-07
]
11/15
Regular Meeting
12/6
12/20
Regular Meeting - Council Reorganization
Regular Meeting
1/3
1/17
Regular Meeting
Regular Meeting
5
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
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-- ORIGINATING DEPT: City Manager CITY MANAGER: ~.;::::::;~
PREPARED BY: (J?1:0.A~' DEPTHEAD:
Cathleen Boyer. City Clerk Dave Anderson. City Manal!er
SUBJECT: Commendation Honoring Paul Conrado
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The City recently held a month long celebration commemorating the City's 50th Anniversary.
Paul COillado graciously volunteered his time to be the Chair of the 50th Anniversary Committee.
FISCAL IMPACTS:
N/A
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendation
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CITY OF SARATOGA
COMMENDATION HONORING
PAUL CONRADO
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WHEREAS, the City of Saratoga had its beginnings more than a century
earlier when William Campbell built a sawmill in 1848, about 2 1/2 miles above the
present village, along what is now Highway 9; and
WHEREAS, the town's brief industrial heyday, a short lived factory, a grist
mill, a tannery, and two mills was commemorated by the post office named "Bank
Mills" in 1863. But the discovery of mineral springs similar to those at Saratoga
Springs, New York, led to the renaming of the town to Saratoga in 1865; and
WHEREAS, on July 23, 1956 the Santa Clara County Board of Supervisors
passed and adopted a resolution which established and defined the boundaries of the
proposed incorporation, and did further ascertain and determine that 12,900
inhabitants who resided within the boundaries were given the opportunity to vote on
the matter of incorporation at an election that was held on September 25, 1956; and
WHEREAS, on October 15, 1956 the Board officially passed and adopted the
canvass of votes of incorporation and the first elected City Council; and
WHEREAS, on October 22, 1956 the Secretary of State officially certified the
incorporation of the City of Saratoga; and
WHEREAS, October 22, 2006 marks the City of Saratoga's 50th year of
incorporation as a City; and
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WHEREAS, Paul Conrado graciously volunteered to be the Chair persons for
the 50th Anniversary Committee; and
WHEREAS, Paul contributed many hours towards organizing and planning
events which were held during the month of September 2006; and
WHEREAS, Paul led a group of "Saratoga @ 50" volunteers who raised over
$30,000 to help fund and market the month's events; and
WHEREAS, the Saratoga City Council is proud of the citizens who contribute
time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby recognize and commend Paul Conrado, who showed
tremendous leadership and enthusiasm and for his many years of service to our
community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
I" day of November 2006 in the 50th Anniversary Year of the City.
Norman Kline, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: Noyember 1, 2006
AGENDA ITEM:
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ORIGINATING D
er
CITY MANAGER:
PREPARED BY.
DEPT HEAD:
D ve Anderson Ci Mana r
SUBJECT: Commendation for Assembly member Rebecca Cohn
RECOMMENDED ACTION:
Present commendations.
REPORT SUMMARY:
The City of Saratoga has received only 55% of its property tax funding due to a legislative
agreement put in place in 1988. Because of the lack of funds over the past few years the City of
Saratoga has had to cut back services vital to the community due to budget shortfalls.
Supervisor Kniss and Assembly member Cohn were instrumental in the passage of AB 117.
AB 117 was signed Governor Schwarzenegger on September 28, 2006. AB 117 will restore full
property tax TEA funding to the City of Saratoga.
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Supervisor Kniss received her commendation at October 18th City Council meeting.
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FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
-
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendation
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
REBECCA COHN
WHEREAS, Rebecca Cohn was elected to the Assembly in November 2000, representing a
district that covers much of the Silicon Valley, from Saratoga to Campbell and parts of San Jose and
Santa Clara; and
WHEREAS, Rebecca has served the Assembly as the Assistant Majority Leader, and
chaired the Assembly Select Committee on Domestic Violence; and
WHEREAS, born in California, Rebecca and her four brothers were raised in
Fredericksburg, Texas, by their mother. Rebecca graduated from Fredericksburg High School and
earned a Bachelor of Science degree from the University of Texas in 1976; and
WHEREAS, after nearly twenty years of service in the health care arena as a physical
therapist working with stroke victims, disabled children, and injured workers, Rebecca was honored
to serve as the Chair of the Assembly Health Committee and established herself as a strong advocate
for providing access and affordability of health care for all Californians; and
WHEREAS, while in her first year in office, Rebecca served as Chair ofthe Assembly
Committee on Aging and Long-Term Care. This honor made her one of only two freshman
Members to chair a standing committee. While Chair, she worked to expand affordable long-term
care coverage and increased oversight of adult-day health care and protect seniors from legal fraud;
and
WHEREAS, Rebecca Cohn's last bill to pass through assembly was AB 117, the bill that
returns property taxes to four 10cal cities, Saratoga, Monte Sereno, Cupertino, and Los Altos Hills.
This funding has been going to the county for the last 18 years and Rebecca's bill returns $4 million
to these cities every year; and
WHEREAS, Rebecca enlisted the help of her peers, Elaine Alquist, Joe Simitian, Abel
Maldonado, Ira Ruskin, Sally Lieber, Joe Coto, Bruce McPherson, and Arnold Schwarzenegger to
get this bill passed into law; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby proclaim recognition and appreciation of Assembly member Rebecca Cohn for her many
years of service to our community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1 st day of
November 2006 in the 50th Anniversary Year of the City.
Norman Kline, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
2D
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ORIGINATING DEPT: City Manager CITY MANAGER:
PREPARED BY' S~\ DEPTHEAD,
Cathleen Boyer. Ci Dave Anderson. City Manal!er
SUBJECT: Proclamation Supporting and Encouraging Health Awareness
RECOMMENDED ACTION:
Acknowledge proclamation.
REPORT SUMMARY:
The Santa Clara County Board of Supervisors has sent out a request to all City Mayors to take a
resolution (or Proclamation) to their City Councils for adoption. The Board's goal is to haye each
city in the County pass a resolution then present them to the State as the first County in
California with a 100% commitment to health in the areas in which government could have an
impact or act as a role model. Supervisor Kniss sits on the Governor's statewide health group and
she would like to take the 100% participation to them. No other County is attempting this.
,-.. FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Send proclamation to Supervisor Kniss.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
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Attachment A - Copy of proclamation
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CITY OF SARATOGA
PROCLAMATION
SUPPORTING AND ENCOURAGING
HEALTH AWARENESS
WHEREAS, California is experiencing an epidemic of overweight, obesity, and diabetes
costing the state and County fmancially and causing suffering, illness, and death for many
Californians; and
WHEREAS, leaders in all branches of government have recognized the problems of
overweight, obesity, and diabetes and through an inclusive commitment can lead the state toward
increased physical activity and improved nutrition and wellness; and
WHEREAS, data on oyerweight, obesity, and diabetes for Santa Clara County substantiates
the need for action; and
WHEREAS, Santa Clara County has opportunities to positively affect the health of residents
through the built environment, creation and sustainability of green spaces, policy development, and
programs in local communities; and
WHEREAS, children spend a significant amount of time in school settings, and schools
have opportunities to positively affect the health of students by offering nutritious food and snacks,
quality physical education and health studies, after-school programs, and school-based recreational
activities; and '
WHEREAS, workplaces can improve productivity, promote health, and reduce liability
costs by making available healthy food service and vending choices, increasing access to safe
stairways, encouraging bicycling and walking for cornmuters, and implementing policy development
and programs related to employee health.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, that the
Council encourages the promotion of health awareness by all branches and levels of government,
collaborative action by interested cornmunities, initiatives and policy by the Santa Clara County
Office of Education and individual School Boards, development of workplace health and wellness
policy and practice, and access to recreation and physical activity for all residents; and
Be it further resolved, that the City Council of the City of Saratoga does recognize that we are
empowered to act as a role model for fitness, physical activity, nutrition and welIness, to the
residents and employees of our County.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of
November 2006.
Norman Kline, Mayor
Saratoga, California
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SARATOGA CITY COUNCIL
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MEETING DATE: November 1, 2006
AGENDA ITEM:
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PREPARED BY:
CITY MANAGER:
DEPT HEAD:
Dave Anderson, City Manager
SUBJECT: City Co
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
,..... Regular Meeting -July 19, 2006
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
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ATTACHMENTS:
Attachment A - Minutes July 19, 2006
MINUTES
SARATOGA CITY COUNCIL
JULY 19,2006
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The City Council held a joint meeting at 5 :30 p.m. in the Administrative Conference
Room with the 50th Anniversary Committee.
The following Committee members were present: Chair Paul COillado, Geetanjali
Arunkumar, Dr, Arvin Engelson, Priscilla Ho, Yvonne Lampshire, Lee Murray, and Joan
Pisani.
Chair COillado explained that the Committee has met 13 times since their initial meeting
on July 12, 2005, The Committee has obtained commitments form local organizations to
stage 28 events during the month of September 2006. Mr. Comado explained that the
Committee is acting as an oversight committee providing overall marketing and public
relations for the month's events. Mr. COillado explained that each participating
organization is responsible to plan and execute their event.
Mr. COillado reported that to date the Committee has raised $31,717. The Saratoga Monte
Sereno Community Foundation is acting as repository for the funds the Committed has
raised.
Mayor Kline thanked Mr. COillado for his report.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
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ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code 54957)
Title: City Attorney
MAYOR'S REPORT ON CLOSED SESSION
Mayor Kline reported there was Council discussion but no action was taken.
Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance,
ROLL CALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Richard Taylor, City Attorney
Jonathan Wittwer, Assistant City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
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ABSENT:
ALSO
PRESENT:
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 19,2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of July 19,2006, was properly posted on July 13, 2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Captain John Hirokawa introduced Deputy Brad Davis. Capt. Hirokawa noted that
Deputy Davis was the City's new Neighborhood Resource Officer
City Manager Anderson announced and congratulated Capt. Hirokawa on his recent
promotion to Commander. City Manager Anderson also announced that Commander
Miles was promoted to the position of Under Sheriff.
Dr. F.L. Stutzman referred to Measure J and noted that illegal flyers were sent to
residents of Saratoga. Dr. Stutzman requested that the City Council appoint a committee
to investigate this issue. Dr. Stutzman stated ifthe Council does not want to investigate
this issue it should be turned over to the Grand Jury.
Citizen Ray noted that the City should address the danger that the rock wall on Highway
9 and Aloha Avenue presents to motorist and cyclists.
Kathleen Casey Coakley commented that the wall on Aloha Avenue should be left alone.
Ms. Coakley also noted that the City should hold neighborhood meetings regarding the
proposed annexations.
Mary Robertson requested that the Parks and Recreation Commission (PRC) be
reinstated. Mrs. Robertson noted that if the PRC was still active, the Commission could
have done a lot ofthe work in regards to the design process for Kevin Moran Park. Mrs.
Robertson noted that she recently talked to Capt. Hirokawa and money that could be
saved on the KMP could be redirected to fund other programs such as the DARE
program and the School Resource Officer.
Pricilla Ho reported on her findings regarding treating animals and birds with the West
Nile Virus.
Cheriel Jensen noted that she feels that the Land Use Element process is not working.
Mrs. Jensen also noted that the City Council should have held an emergency meeting in
regards to the recent outbreak of the West Nile Virus in Saratoga.
COUNCIL DIRECTION TO STAFF
In regards to Dr. Stutzman's comments, Councilmember Waltonsmith noted that the City
Council cannot investigate the Measure J campaign but would recommend that a
procedure of "Best Practices" developed.
City Council minutes
2
July 19, 2006
In regards to Ms. Coakley's comments, Councilmember Walton smith stated that the City
has held several public meetings regarding the proposed annexations.
Referring to Mrs. Robertson request to reinstated the PRC , Councilmember Waltonsmith
noted that the City does not have the staff to bring back any of the commission that were
suspended due to budget cuts.
Mayor Kline stated that the procedures for elections are very clear and there is a legal
procedure on how to file a complaint.
Mayor Kline noted that when he became Mayor one of his goals was to reestablish the
City Commissions but unfortunately this budget cycle did not allow that to happen.
Mayor Kline noted he would like to direct staff to prepare a comprehensive report on
what it would it take to reestablish the City Commissions including costs and staffing.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Paul COillado noted that he was the Chair ofthe 50th Anniversary Committee. Mr.
COillado stated that the Committee is made up of 14 Saratoga residents. Mr. COillado
briefly highlighted the upcoming events and stated that for more information go to
www.saratoga50.org.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. COMMENDATION HONORING BILL MCDONNAL
STAFF RECOMMENDATION:
Present commendation.
Mayor Kline read the commendation and presented it to Mr. McDonnal.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CITY COUNCIL MINUTES - JUNE 7, 2006
STAFF RECOMMENDATION:
Approve minutes.
STREIT/KING MOVED TO APPROVE MINUTES OF JUNE 7, 2006.
MOTION PASSED 5-0.
City Council minutes
3
July 19, 2006
2B. CITY COUNCIL MINUTES - JULY 6, 2006
STAFF RECOMMENDATION:
Approve minutes
STREIT /KING MOVED TO APPROVE MINUTES OF JULY 6, 2006.
MOTION PASSED 5-0.
2C. CHECK REGISTER
STAFF RECOMMENDATION:
Accept register.
STREIT/KING MOVED TO ACCEPT CHECK REGISTER. MOTION
PASSED 5-0.
2D. TREASURER'S REPORT FOR THE MONTH ENDED MAY 2006
STAFF RECOMMENDATION:
Accept report.
STREIT/KING MOVED TO ACCEPT TREASURER'S REPORT FOR THE
MONTH ENDED MAY 2006. MOTION PASSED 5-0.
2E. ALLOCATION OF ONE-TIME FUNDS
STAFF RECOMMENDATION:
Adopt resolution allocating funds.
RESOLUTION: 06-054
Councilmember Waltonsmith requested that this item be removed from the
Consent Calendar.
Councilmember Waltonsmith noted that she did not support the allocation of
$9,000 to the Chamber of Commerce for the proposed "Teen Scene" and $4,500
the Wildlife Center.
Councilmember King suggested allowing both organizations to return to Council
at then next meeting to allow them to explain the reasons for their request for
funds.
STREIT/KAO MOVED TO ADOPT RESOLUTION ALLOCATING ONE-
TIME FUNDS EXCLUDING THE ALLOCATION OF FUNDS TO THE
WILDLIFE CENTER AND CHAMBER OF COMMENCE FOR THE
TEEN SCENE; DIRECTION TO AGENDIZE THE CHAMBER OF
COMMERCE AND WILDLIFE CENTER'S REOUESTS BACK AT THE
NEXT COUNCIL MEETING. MOTION PASSED 5-0.
City Council minutes
4
July 19,2006
2F. ANNUAL PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON
THE LIBRARY GENERAL OBLIGATION BONDS
STAFF RECOMMENDATION:
Adopt resolution setting the tax rate for the debt service requirements for the
Library General Obligation Bonds at $.00955 per $100 of Assesses Valuation.
RESOLUTION: 06-052
STREIT/KING MOVED TO ADOPT RESOLUTION SETTING THE TAX
RATE FOR THE DEBT SERVICE REOVIREMENTS FOR THE
LIBRARY GENERAL OBLIGATION BONDS AT $.00955 PER $100 OF
ASSESSES VALUATION. MOTION PASSED 5-0.
2G. THEATER SOUND SYSTEM - NOTICE OF COMPLETION
STAFF RECOMMENDATION:
Accept Notice of Completion and authorize staffto record the Notice for the
construction contract.
STREIT/KING MOVED TO ACCEPT NOTICE OF COMPLETION.
MOTION PASSED 5-0.
2H. CERTIFICATION OF JUNE 7, 2006 PRIMARY ELECTION RESULTS
AND CANVASS OF RETURNS FROM THE COUNTY REGISTRAR OF
VOTERS FOR MEASURE J
ST AFF RECOMMENDATION:
Adopt resolution certifying election.
RESOLUTION: 06-053
STREIT/KING MOVED TO ADOPT RESOLUTION CERTIFYING THE
JUNE 7, 2006 PRIMARY ELECTION RESULTS AND CANVASS OF
RETURNS FROM THE COUNTY REGISTRAR OF VOTERS FOR
MEASURE J. MOTION PASSED 5-0.
21. MEMORANDUM OF UNDERSTANDING WITH SARATOGA
EMPLOYEE ASSOCIATION (SEA)
STAFF RECOMMENDATION:
Adopt resolution approving the MOD between the City and SEA.
RESOLUTION: 85.9-138
STREIT/KING MOVED TO ADOPT RESOLUTION APPROVING THE
MOU BETWEEN THE CITY AND SEA. MOTION PASSED 5-0.
City Council minutes
5
July 19, 2006
2J. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
STAFF RECOMMENDATION:
Designate a voting delegate.
WALTONSMITH/STREIT MOVED TO DESIGNATE VICE MAYOR KAO
AS VOTING DELEGATE AND CITY MANAGER ANDERSON AS THE
ALTERNATIVE. MOTION PASSED 5-0.
PUBLIC HEARINGS
Jonathan Wittwer, City Attomey, noted that staff would combine public hearing item 3 &
4 into one report.
Consensus ofthe City Council to allow City Attorney Wittwer to present one staff report
for item number 3 & 4.
3&4 ADOPTION OF AN ORDINANCE AMENDING SECTION 9-15.065 OF
THE SARA TOGA CITY CODE RELATING TO VEHICLES USED AS
LIVING OR SLEEPING QUARTERS
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION
15-12.160 OF THE SARATOGA CITY CODE RELATING TO STORAGE
OF PERSONAL PROPERTY (INCLUDING BOATS AND
RECREATIONAL VEHICLES), AND SECTION 15-95.030(B) RELATING
TO THE ENFORCEMENT OF SUCH STORAGE REGULATIONS, AND
ADDING SECTION 15-06.535 PROVIDING A DEFINITION OF
"RECREATIONAL VEHICLE."
STAFF RECOMMENDATION #3:
Conduct public hearing, read title of proposed ordinance relating to vehicles used
as living or sleeping quarters, waive reading of full ordinance, direct staff to place
ordinance on consent calendar for second reading.
STAFF RECOMMENDATION #4:
Conduct public hearing; read title of proposed ordinance amending eXlstmg
regulations regarding the storage of personal property (including boats and
recreational vehicles) and enforcement of such storage regulations, and adding
definition of "Recreational Vehicle"; waive reading of full ordinance; and direct
staff to place ordinance on consent calendar for second reading.
City Attorney Wittwer explained the first proposed ordinance that would revise
City Code Section 9-15.065 to allow for the use of an RV for living or sleeping
quarters for a total of up to two weeks per calendar year and would allow the
Community Development Director to approve reasonable extensions to that two
week period. Extensions allowing for use for more that a total of four weeks in a
calendar year could be approved only after notice to adjoining landowners.
City Council minutes
6
July 19,2006
City Attomey Wittwer explained the second proposed ordinance that would amend
existing regulations regarding the storage of personal property (including boats
and recreational vehicles) and enforcement of such storage regulations, and adding
definitions of "Recreational Vehicle".
City Attorney Wittwer noted that complaints have been filed with the City
regarding violation of existing City Code Section 15-12.160 regarding storage of
boats and recreational vehicles ion front yards on private property for five days or
more and periodically removed to the public street or another location for 72 hours
before returned for further storage in those front yards. Some residents have
contended that the existing City Code does not prohibit storage of boats and
recreational vehicles in this manner. Attorney Wittwer noted that this was not the
intention of the Code and was not the manner in which it has been interpreted an
applied.
City Attorney Wittwer noted that some residents have contended that the "five day
rules" in City Code Section 15-12-160(b) applies only to trash, garbage and refuse
under subsection 15-12.160(b) (c). Staff's view on this section is that it is
properly interpreted to read that the limitation on storage of personal property and
material in the required front yard applies to storage of all items listed in
Subsection 15-12. 130(b), not just trash, garbage and refuse. City Attorney noted
that staff proposed language changes in this section to clarify existing law as
interpreted by the City.
City Attorney Wittwer noted that the recommended ordinance establishes both a
"consecutive day" storage limit to five consecutive days and a "total calendar year
storage days" limit for a total of 18 days per calendar year. The proposed
ordinance also addresses concurrent storage and sequential storage. City Attorney
Wittwer stated that the proposed ordinance also address enforcement remedies.
City Attorney Wittwer also explained the limit on length oftime for a temporary
permit.
Mayor Kline opened the public heating and invited public comments.
The following people requested to speak on this item:
Mitch Kane noted that he has owned a RV for ten years and to store if offsite he
would have additional expenses and chores. Mr. Kane agrees with some of the
proposed ordinance but doesn't know the right numbers for storage.
Neal Carroll agrees that the City Code needs to be updated but should be
realistically changed to fit the residents' needs,
James Todd stated that he was concerned with the proposed time frame allowed
for recreation vehicles to be parked in form of ones property. Mr. Todd noted that
he and his wife were in their 70's, Mr. Todd suggested 5 days increments - 40 day
limit.
City Council minutes
7
July 19, 2006
Harry Carlson noted that the older RV owners are slower and five days would not
be enough time. Mr. Carlson suggested allowing senior citizens special permits.
Brad Anderson noted that he does not support living in a RV but, sometimes it is
necessary, Mr. Anderson noted that his family used an RV to live in while taking
care of a dying parent.
Ed Vincent noted that he supported the proposed ordinance.
Joe Balogh noted that he feels enforcing this ordinance will be a problem. Mr.
Balogh noted that he supported the proposed ordinance.
Mayor Kline closed the public hearing.
STREIT/W ALTONSMITH MOVED TO ADOPT AN ORDINANCE
AMENDING SECTION 9-15.065 OF THE SARATOGA CITY CODE
RELATING TO VEHICLES USED AS LIVING OR SLEEPING
QUARTERS; WAIVE FIRST READING; DIRECT STAFF TO PLACE
ORDINANCE ON CONSENT CALENDAR FOR SECOND READING;
CHANGING THE NOTICING REQUIRE FROM 150 FEET TO 300 FEET
INCLUDING IMMEDIATE AND ADJOINING PROPERTIES CHANGING
14 TO 18 DAY LIMITATION PER CALENDAR YEAR. MOTION PASSED
5-0.
STREIT/W ALTONSMITH MOVED TO ADOPT ORDINANCE OF THE
CITY OF SARATOGA AMENDING SECTION 15-12.160 OF THE
SARATOGA CITY CODE RELATING TO STORAGE OF PERSONAL
PROPERTY (INCLUDING BOATS AND RECREATIONAL VEHICLES),
AND SECTION 15-95.030(B) RELATING TO THE ENFORCEMENT OF
SUCH STORAGE REGULATIONS, AND ADDING SECTION 15-06.535
PROVIDING A DEFINITION OF "RECREATIONAL VEHICLE."
WAIVE FIRST READING; DIRECT STAFF TO PLACE ORDINANCE ON
CONSENT CALENDAR FOR SECOND READING OF AGENDA: AND
ADDING 18 DAY LIMITATION PER CALENDAR YEAR. MOTION
PASSED 5-0.
Mayor Kline declared a ten minute break at 9:20 p.m.
Mayor Kline reconvened the meeting at 9:30 p.m.
5. ADOPTION OF (1) AN ORDINANCE AMENDING CITY CODE
SECTIONS 14-25.110, 15-80.090 AND ARTICLE 16-60 CONCERNING
THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING BY
REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT
STANDARDS AND REQUIREMENTS FOR THE EARLY WARNING
ALARM SYSTEM AND (2) RESOLUTION FOR HEARING ON
ADOPTION OF SARATOGA FIRE DISTRICT EARLY WARNING
ALARM SYSTEM STANDARDS
City Council minutes
8
July 19, 2006
STAFF RECOMMENDATION:
Conduct public hearing on updated Early Warning Alarm System (EW AS)
Ordinance; Introduce ordinance and waive first reading; adopt resolution setting an
additional public hearing for August 2, 2006 and adopting fire hazard area map.
Richard Taylor, City Attorney, presented staffreport.
Mayor Kline opened the public heating and invited public comments.
The following person requested to speak on this item:
Hal Toppel noted that he represented the Saratoga Fire District and requested that
the City Council adopt the proposed ordnance.
Mayor Kline closed the public hearing.
W ALTONSMITH/STREIT MOVED TO WAIVE FIRST READING; ADOPT
RESOLUTION SETTING AN ADDITIONAL PUBLIC HEAliNG FOR
AUGUST 2, 2006 AND ADOPTING FIRE HAZARD AREA MAP. MOTION
PASSED 5-0.
OLD BUSINESS
6. REVIEW OF ADMINISTRATIVE DESIGN REVIEW PROCESS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Livingstone, Community Development Director, presented s1:affreport.
Director Livingstone explained that on June 6, 2006, several speaker requested
that City Council direct staff to prepare a report reviewing the Administrative
Design Review process, Director Livingstone noted that one of the speakers
recommended that more public meeting be held on project that are close to the 18
foot maximum allowed height limited for Administrative Design Review Process.
Director Livingstone explained the current process stating that statT can approve a
new home that is less that 18 feet tall and under 6,000 square feet 0 size
administratively. This process includes noticing all neighbors within 250 foot
radius of the proposed project.
Director Livingstone noted that another issue raised is that occasionally
applicant's represent themselves tot the neighbors as the future homeowners,
when in fact they are developers and intend to sell the house imm(~diately upon
completion. Staff has found this to be an age-old practice. Staff deals with this by
always looking at projects from a strict land use perspective.
The following people requested to speak on this item:
City Council minutes
9
July 19, 2006
Don Whetstone requested increase neighborhood noticing and make sure City
staff visit the site to see ifviews and privacy were being infringed upon. Also, Mr.
Whetstone suggested having a professional do the design review. Mr. Whetstone
suggested the City hire an architect.
Jim Sorden requested that the City change the Administrative Design Review
process.
Izak Bencuya invited the Council to his home to look at the house across from
him that the City approved. Mr. Bencuya stated he feels the Administrative
Design Review process does not exist.
Consensus of the City Council to form an Ad Hoc Committee to review the
Administrative Design Review process. Mayor Kline and Councilmember
Waltonsmith volunteered to be on this Ad Hoc Committee, which will also
include the Chair of the Planning Commisison, City Manager, and Community
Development Director.
7. NORTH CAMPUS FACILITY - ANTICIPATED USES AND NEEDED
IMPROVEMENTS
STAFF RECOMMENDA nON:
Accept report and direct staff accordingly.
Joan Pisani, Recreation Director, presented staff report.
Director Pisani explained ranges of use levels with associated improvements, cost
ranges and anticipated staffing.
Director Pisani explained that level one is estimated at a cost of $80,000 to
$100,000 for modest use of Administrative Building (primary rentals with no set-
up; occasional recreation classes. Director Pisani briefly explained the
improvements that went along with this option.
Director Pisani explained that level two would cost appromatly$370,000-$430,000
that would allow for modest use of Administrative Building and Fellowship Hall.
Director Pisani briefly explained the improvements that went along with this
option. Director Pisani briefly explained the improvements that went along with
this option.
Director Pisani explained that level three would cost approximately $556,000-
$656,000 and would increase the use of Administrative Building and Fellowship
hall, including expanded Teen and Senior Programs. Director Pisani briefly
explained the improvements that went along with this option.
Director Pisani explained that level four would cost between $1,198,000-
$1,448,000 which would enable full use of all four buildings - Administrative,
Fellowship Hall, Education and Sanctuary.
City Council minutes
10
July 19, 2006
The following people requested to speak on this item:
John Feemster noted that the community wants a place to accommodate teens and
seniors. Mr. Feemster stated that the City needs a Master Plan for the North
Campus and suggested forming a Task Force.
Cheriel Jensen suggested installed a children playground, re-roofthe Education
Building, Teen Center in Sanctuary and a wood floor be installed in the
Administrative Building.
Jo Trimble noted that the seniors need a place to go. Ms Trimble requested that
the City add a picnic area and benches at the North Campus.
Elli Rezaii requested space at the North Campus for a Teen Center.
Jennifer Brown noted that she was a former Youth Commissioner. Ms. Brown
noted that the North Camus would better serve the youth of Saratoga better than
the Warner Hutton House.
Tami Maltiel requested space at the North Campus for a Teen Center.
Tanya Gupta requested space at the North Campus for a Teen Center
Pratik Pramanik requested space at the North Campus for a Teen Center
Peter Marra noted he supported option three allocating $600,000 towards
improvements at the North Campus.
Jim Sorden noted that he supported the use of the North Campus by the seniors
and the youth.
Dr. F.L. Stutzman requested that this property be preserved and make it a shining
star.
Consensus of the City Council to proceed in the process oflevel three for
improvements at the North Campus subject to item number 8.
Consensus ofthe City Council to form an Ad Hoc committee including Director
Pisani, Councilmember Kao, and another Councilmember (to be announced at a
later time) to work with the user groups.
Mayor Kline declared a ten minute break at 11: 1 0 p.m.
Mayor Kline reconvened the meeting at 11 :20 p.m.
8. CAPITAL IMPROVEMENT PLAN (CIP) FISCAL YEAR 06-07 UPDATE
STAFF RECOMMENDATION:
I. Accept report and direct staff accordingly.
2. Adopt budget resolution for the McWilliams House Construction
Contingency.
City Council minutes
11
July 19,2006
RESOLUTION: 06-055
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained the City's CIP process. Director Cherbone noted that
on July 6th City Council directed $800,000 from one-time funds allocated to the
CIP. Director Cherbone explained the CIP Funding Summary as follows:
Total Available funds - $1,397,600
Total Unrestricted funds - $1,093,000
Director Cherbone noted that $65,000 of the unrestricted funds need to be used to
supplement existing approved CIP projects that require supplemental funds; Aloha
Safety Project, McWilliams House Construction, and Beauchamps Playground
Safety.
In regards to the remaining $1,028,000 of unrestricted funds, Director Cherbone
noted that Sobey Road Culvert Project requires funding as an emergency repair
that cannot be deferred - total cost $150,000,
Director Cherbone introduced candidate CIP projects that include approved
projects that are unfunded or need additional funds or were generated by the
Public, City Council, or staff. Director Cherbone noted that each candidate
projects were categorized under Public Safety, Infrastructure, or Facility
Director Cherbone noted that there is $878,000 remaining of the unrestricted
funds. Director Cherbone briefly explained the potential Public Safety Projects
and Infrastructure Projects total $2,113,900. Director Cherbone noted that the
potential candidate for Facility Projects total $580,000.
Director Cherbone continued with available funding for candidate CIP Projects
allocated restricted Parks Funds. The balance in this fund is $129,600. Director
Cherbone noted that the Citywide Tree/Landscape Replacement Projects has a
balance of$175,00 and staffis recommending using the funds:
Parks - $100,000
Median - $50,000
Right-of- Ways -$25,000
The following people requested to speak on this item:
Marilynn Marchetti requested $40,000 for newspaper enclosures, a kiosk, and
planter boxes for the Village.
Matt Torrens noted that he represented several of his History class students who
attend Saratoga High School. Mr. Torrens requested matching funds from the
City for a World War II memorial at Blaney Plaza.
Jim Sorden supported Ms. Marchetti's requesters for funds for the Village. Mr.
Sorden also noted that the Neighborhood Plan at KMP should be done in stages
when funds are available.
City Council minutes
12
July 19, 2006
Lon Saavedra withdrew Hakone's request for funds to be allocated from the
restricted funds for a Visitor Center. Mr. Saavedra noted that the Hakone
Foundation requested that the City write a letter of commitment for matching
funds to build a Visitor Center.
Norman Koepernik noted that he was a Trustee at Hakone Gardens and was
present tonight to support Mr. Saavedra's request.
Peter Marra noted that he supported $500,000 be allocated to the North Campus
improvements.
Patty Allen requested that the City Council allocate funds to add a sidewalk to
Allendale Avenue to Highway 85.
Councilmember King noted that there has been a 10t oftalk about alternate field
space. Councilmember King noted that the Ad Hoc Committee has been working
diligently with the various schools in the city to use their fields. Councilmember
King reported that West Valley College is interested in allowing the City access to
two (2) full size fields if the City allocates $250,000 for field upgrades.
Councilmember King noted that if the City can obtain two full size fields at West
Valley College then only practice fields at Kevin Moran Park would be necessary
and a parking lot would no longer be needed. Councilmember King noted that she
would like to recommend that Council look at this alternative field location
mentioned by Jeff Schwartz at a prior meeting. Councilmember King
complimented Mayor Kline on his "Neighborhood Plan" and suggested reducing
the funds available for the KMP Improvement Project.
Mayor Kline noted that he would like to reduce the number of dec:isions Council
needs to make by removing the supplemental projects and the emergency project
getting the amount to $878,000 and a smaller set of projects to prioritize.
STREIT/KlNG MOVED TO APPROVE FUNDING ALLOCATION
TOWARDS ALOHA SAFETY PROJECT, MCWILLIAMS HOUSE
CONSTRUCTION, AND BEAUCHAMPS PLAYGROUND SAFETY, AND
THE SOBEY ROAD CULVERT PROJECT. MOTION PASSED 5-0.
Mayor Kline noted that the Council could vote on the allocation of funds for the
North Campus Improvements.
W ALTONSMITH/KAO MOVED TO ALLOCATE $500,000 TOWARD THE
NORTH CAMPUS IMPROVEMENT PROJECT. MOTION PASSED 5-0.
Councilmember Streit noted that the two slide repair projects need to be funded.
Councilmember Streit suggested that the Council rename the Economic Reserve
Fund to Economic Reserve and Hillside Slide Repair Fund for emergency
purposes. This money could be used for these two projects.
STREIT/W AL TONSMITH MOVED TO RENAME THE ECONOMIC
RESERVE FUND TO ECONOMIC RESERVE AND HILLSIDE SLIDE
REPAIR FUND. MOTION PASSED 5-0.
City Council minutes
13
July 19, 2006
Norman Kline noted that the City Hall parking lot improvements and
enhancements could be removed - the projects are no 10nger necessary.
Mayor Kline noted that he supported allocating $250,000 towards field
improvements at West Valley CoIlege and $50,000 towards ViIlage
Improvements.
Councilmember WaItonsmith noted that she would like to aIlocate funds towards
four solar powered radar feedback signs.
Director Cherbone noted that the funds available could support purchasing two of
the four radar signs.
STREIT/KING MOVE TO ALLOCATE RESTRICTED PARKS FUNDS OF
$250,000 TOWARDS FIELD IMPROVEMENTS AT AN ALTERNATE
SOCCER FIELD LOCATIONS(S) AND REMOVE THE ADDITIONAL
KMP IMPROVEMENT PROJECT AT $1,445,000 WITH THE INTENT TO
GO BACK TO SOME CONCEPT OF THE "NEIGHBORHOOD PLAN".
MOTION PASSED 5-0.
KLINE/STREIT MOVED TO ALLOCATE FROM UNRESTRICTED FUNDS
$50,000 TOWARDS VILLAGE IMPROVEMENTS, $15,000 FOR TWO
SOLAR POWERED RADAR SIGNS. MOTION PASSED 5-0.
W AL TONSMITH/STREIT MOVED TO ALLOCATE RESTRICTED PARKS
FUNDS TOWARDS TEERLINK RANCH TRAIL REPAIR, SAN MARCOS
OPEN SPACE, CALABAZAS CREEK TRAIL. MOTION PASSED 5-0.
KING/W AL TONSMITH MOVED TO ALLOCATE $175,000 OF THE
CITYWIDE TREE/LANDSCAPE REPLACEMENT PROJECT AS
RECOMMENDED BY STAFF. MOTION PASSED 5-0.
STREIT/KAO MOVED TO ADOPT RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2006-07
BUDGET TO INCLUDE CONSTRUCTION CONTINGENCY FOR THE
ADDITION AND ALTERATIONS TO THE JAMES MCWILLIAMS
HOUSE PROJECT. MOTION PASSED 5-0.
In regards to Mr. Saavedra's request, consensus ofthe City Council to direct staff
to investigate a mechanism to accommodate Hakone's request and return to
Council at the next meeting.
NEW BUSINESS
None
City Council minutes
14
July 19, 2006
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kline had no reportable information.
Vice Mayor Kao reported the following information:
SASCC - meet last Monday and took the feedback from Council and the Board approved
the proposed working in the contact.
Councilmember Streit had no reportable information.
Councilmember Waltonsmith reported the following information:
KSAR Communi tv Access TV Board - rotated off the Board at the last meeting and now
is no longer a voting member but, can continued as an active member. Three new
citizens were appointed to the Board.
Councilmember King reported the following information:
Village Ad Hoc - continuing to work on the Newsrack Ordinance.
CITY COUNCIL ITEMS
Councilmember King stated the Ad Hoc is the making progress in regards to the use of
West Valley College's field, as discussed earlier during the CIP item, Councilmember
King suggested that the City should hold off on the environmental impact report (EIR)
review on Kevin Moran Park because if the City can reach an agreement with West
Valley College the City might not need to do and EIR.
Mayor Kline noted that he will direct staff to schedule this item accordingly.
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the regular meeting at 12:30 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
City Council minutes
15
July 19,2006
m\~ -\~ w\\ \ be -emu..\ \ed +0 ~~~
---yoV{ m~O-Y ~noo('\.\T'crn~
SARATOGA ciTY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
3B
'-
ORIGINATING DEPT: City Manager's Office CITY MANAGER: .6? c? ~~ _
DEPT HEAD:
PREPARED BY:
Cathleen Boyer, C
Dave Anderson, City Manager
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting - September 6, 2006
--
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 September 6, 2006
SARATOGA CITY COUNCIL
---
MEETING DATE: November 1, 2006
AGENDA ITEM:
3C
R..:7~/__
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Dave Anderson, City Manager
SUBJECT: City Council Minntes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
r-. Regular Meeting - September 20, 2006
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 September 20, 2006
MINUTES
SARATOGA CITY COUNCIL
SEPTEMBER 20, 2006
-
Mayor Kline reported there was Council discussion but no action was taken.
Mayor Kline called the Regular City Council meeting to order at 7:05 p,m. led the Pledge
of Allegiance.
ROLL CALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
John Livingstone, Community Development Director
John Cherbone, Public Works Director
ABSENT:
ALSO
PRESENT:
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 20.
2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of September 20,2006, was properly posted on September 15,
2006.
-'
Councilmember King announced that prior to the meeting she received a call from
Assembly member Cohn informing her that the Governor signed AB 117.
Mayor Kline requested that the Council move item lA before Oral Communications.
Consensus of the City Council to move item lA forward.
SPECIAL PRESENTATIONS
lA. PRESENTATION BY SUPERVISOR LIZ KNISS - CELEBRATING THE
CITY'S 50TH ANNIVERSARY
STAFF RECOMMENDATION:
Accept resolution.
Supervisor Kniss read the proclamation and presented it to Mayor Kline.
Supervisor Kniss congratulated the City on the passage of AB 117,
ORAL COMMUNICATIONS
--
The following people requested to speak at tonight's meeting:
Meg Giberson requested that the proposed Zoning Ordinance amendments that was
recently reviewed and approyed by the Planning Commission be retuned to the
Commisison. Mrs. Giberson noted that the Council should direct the changes be divided
into sections and holds public review hearings before it returns to Council.
Rita Witmer requested the status on the environmental impact report (EIR) on the De
Anza Trail. Ms. Witmer also asked when it would be available to the public. Ms.
Witmer noted that she is opposed to the project along with 100 other residents that have
signed various petitions.
Mary Robertson reported on the July 4th event at Kevin Moran Park. Mrs. Robertson
noted that they provided a BBQ and many games which were enjoyed by t he children.
Mrs. Robertson noted that although the event was supposed to end at 3:00 p.m. it ended
at 3:45 p.m.
Jenny Young Taylor pointed out the agenda item #7 was added after they were mailed
out. Ms. Taylor noted that she wasn't aware ofthe additional item until today.
Cheriel Jensen requested that that hardwood floor be installed in the Administrative
Building at the North Campus. Mrs. Jensen also commented on the upcoming public
hearing before the Planning Commission on the General PIan Land Use Element. Mrs.
Jensen noted that the proposed amendment s wipe out all existing polices which have
been replaced by strategies.
Mark Linsky armounced that September 29,2006 the first Saratoga Varsity football game
would be played at Saratoga High School starting at 7:30 p.m. Mr. Linsky also
congratulated the Council on the passage AB 117
Jack Mallory congratulated the Council on the passage AB 117. Mr. Mallory requested
that the City contribute funds to begin a historic book/video of Willys Peck.
Devin Utter invited everyone to learn about Petanque at Wildwood Park on September
23rd@ 10:00 a.m. and September 24th@ 1:00 p.m.
COUNCIL DIRECTION TO STAFF
Responding to the comments made by Ms. Witmer, City Attorney Taylor noted that the
when EIR is finished it would be circulated and noticed. Anyone who is interested in a
copy can get one. City Attorney Taylor stated that the EIR will also be presented to the
City Council for review.
In regards to the request made by Mrs. Jensen, Councilmember Waltonsmith asked if
installation of hardwood floor could be added to the list of improvements at the North
Campus. As far as the comments made in regards General PIan Land Use Element,
Councilmember Waltonsmith requested that this item be agendized for discussion.
Mayor Kline noted that he would agendize her request.
In regards to the comments made by Mrs. Giberson in regards to the proposed Zoning
Ordinance amendments, City Manager Anderson stated that he would direct staffto
organize the changes into categories for Council review.
Responding to the request made by Mr. Mallory, Councilmember Waltonsmith suggested
that the Council agendize his suggestion for discussion.
2
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
None
CONSENT CALENDAR
2A. CHECK REGISTER FOR 08/08/06
STAFF RECOMMENDATION:
Accept register.
STREIT/W ALTONSMITH MOVED TO ACCEPT CHECK REGISTER FOR
08/08/06. MOTION PASSED 5-0.
2B. CHECK REGISTER FOR 08/22/06
STAFF RECOMMENDATION:
Accept register.
STREIT/W ALTONSMITH MOVED TO ACCEPT CHECK REGISTER FOR
08/22/06. MOTION PASSED 5-0.
2C. TREASURER'S REPORT FOR THE MONTH ENDED JULY 2006
(UNAUDITED)
STAFF RECOMMENDATION:
Accept report.
STREIT/WALTONSMITH MOVED TO ACCEPT TREASURERS REPORT,
MOTION PASSED 5-0.
2D. BUDGET AMENDMENT FOR PUBLIC NOTICING SERVICES
CONTRACT
STAFF RECOMMENDATION:
Adopt resolution.
STREIT/WALTONSMITH MOVED TO ADOPT BUDGET AMENDMENT
FOR PUBLIC NOTICING SERVICES CONTRACT. MOTION PASSED
5-0.
2E. FEE WAIVER REQUEST FROM THE SARATOGA - MONTE SERENO
COMMUNITY FOUNDATION
STAFF RECOMMENDATION:
Adopt resolution.
3
Councilmember Waltonsmith requested that 2E be removed from the Consent
Calendar.
Councilmember Waltonsmith noted that the Foundation was a great organization
but the event they want to advertise is a private fundraiser.
Vice Mayor Kao noted that she does not support fee waivers.
Mayor Kline noted that normally he is against waiving fees but, the Foundation
gives the money back to the Saratoga. Mayor Kline pointed out the City has
waived fees for the Saratoga Rotary.
KlNG/KLINE MOVED TO ADOPT RESOLUTION FEE WAIVER
REQUEST FROM THE SARA TOGA - MONTE SERENO COMMUNITY
FOUNDATION. MOTION FAILED 2-3 WITH KAO, STREIT, AND
W ALTONSMITH OPPOSING.
2F COOPERATIVE AGREEMENT AMONG THE CITY OF SARATOGA,
THE TOWN OF LOS GATOS, AND THE CITY OF MONTE SERENO
FOR HIGHWAY 9 SAFETY IMPROVEMENTS
STAFF RECOMMENDATION:
Adopt resolution authorizing the City Manager to execute Cooperative Agreement
among the City of Saratoga, the Town of Los Gatos, and the City of Monte Sereno
for Highway 9 Safety Improvements.
RESOLUTION: 06-078
Citizen Ray requested that 2F be removed from the Consent Calendar.
City Attorney Taylor noted that the Town of Los Gatos Council already approved
the attached agreement and last night the Monte Sereno Council approved the
same one. In addition to approving the agreement the Monte Sereno Council
proposed a separate agreement to form ajoint City Council oversight committee.
City Attorney Taylor noted that the Monte Sereno Council suggested that
oversight committee be comprised oftwo Councilmembers from each city and
that the committee meets quarterly to review the project's progress.
Citizen Ray requested that there be quarterly oversight meeting in regards to this
project. Citizen Ray noted that he supports the City of Monte Sereno's suggestion
to form an oversight committee.
Joanne Peth noted that she attended the Monte Sereno City Council meeting last
night. Ms. Peth noted that the Council had a very good discussion regarding this
item. Ms. Peth noted that many citizens expressed their concern that the money
will be spent on studies and not enough money will be allocated to the project.
City Attorney Taylor advised the Council to approve the proposed agreement with
the interest to move forward with the project and direct staff to come up with a
proposal to form a subcommittee.
4
STREIT/KING MOVED TO ADOPT RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT
AMONG THE CITY OF SARATOGA, THE TOWN OF LOS GATOS, AND
THE CITY OF MONTE SERENO FOR HIGHWAY 9 SAFETY
IMPROVEMENTS AND NOTING THAT THE SARATOGA CITY
COUNCIL WOULD NOT ISSUE APPROVAL FOR THE PLANS AND
SPECIFICATIONS ON THE PROJECT UNTIL IT HAS BEEN
REVIEWED BY AN OVERSIGHT COMMITTEE. MOTION PASSED 5-0.
2G. RESOLUTION SUPPORTING MEASURE A - SANTA CLARA COUNTY
INITIATIVE FOR THE CONSERVATION AND PRESERV AnON OF
HILLSIDES, RANCHLANDS AND AGRICULTURAL LANDS
STAFF RECOMMENDATION:
Adopt resolution.
Mayor Kline noted that several people would like to pull item 2G from the
Consent Calendar.
Melissa Hippard, noted that she repressed the Sierra Club. Ms, Hippard noted that
Measure A protects agriculture and open space. Ms. Hippard noted that rural
sprawl is costly and only benefits a few people. Ms. Hippard requested that the
City Council support Measure A.
Andre Charles noted that he was the campaign manager for the "No on Measure
A" campaign. Mr, Charles urged the City Council not to weigh in on this issue.
Adam Montgomery noted that he represented the Silicon Valley Association of
Realtors, Mr. Montgomery requested that the City stay neutral on this item.
Clarence Stone noted that this measure was written behind closed doors. Mr.
Stone noted that he does not support Measure A.
William Lester stated that he does not support Measure A and urged the Council
not to weigh in on this issue. Mr. Lester noted that he feels this measure is too
restricted.
Cheriel Jensen noted that she supported Measure A.
Paul Cardus noted that a representative from the Santa Clara Farnl Bureau could
not attend the meeting tonight. Mr. Cardus read a letter on behalf of the Farm
Bureau. This letter urged the Council not to support Measure A.
Councilmember Waltonsmith noted that she asked this item to be agendized and
stated that she supported the proposed resolution.
Mayor Kline noted that he personally supports the measure but urged the Council
not to vote on this item.
5
Councilmember Streit noted that he would no support the proposed resolution
because he would not support a measure that would hurt fanners.
Councilmember King noted that she would abstain from the vote due to the fact
that she has not read the whole measure and would not feel comfortable voting on
it tonight.
W ALTONSMITHlKAO MOVED TO ADOPT RESOLUTION SUPPORTING
MEASURE A- SANTA CLARA COUNTY INITIATIVE FOR THE
CONSERVATION AND PRESERVATION OF HILLSIDES.
RANCHLANDS AND AGRICULTURAL LANDS. MOTION FAILED 2-2-1
WITH STREIT AND KLINE OPPOSING AND KING ABSTAINING.
PUBLIC HEARINGS
3. ANNEXATION OF TWO COUNTY ISLANDS UNDER THE EXPEDITED
ANNEXATION PROGRAM
STAFF RECOMMENDATION:
Adopt resolution annexing the 104 acre Prospect Road and the 20 acre Hidden Hill
Road area.
RESOLUTION: 06-072
John Livingstone, Community Development Director, presented staff report.
Director Livingstone noted that on June 7, 2006 the City Council approved a
resolution initiating the annexation of the 104 acre Prospect Road Area and the 20
acre Hidden Hill Road Area.
Mayor Kline opened the public hearing and invited public cornments.
The following people requested to speak on this item:
William Lester noted that he was opposed to the proposed annexation.
Cheriel Jensen described her experience when she worked at the County Planning
Department.
Wando Kownacki urged the City Council to approve the proposed annexation.
Mayor Kline closed the public hearing.
STREIT/KAO MOVED TO ADOPT RESOLUTION ANNEXING THE 104
ACRE PROSPECT ROAD AND THE 20 ACRE HIDDEN HILL ROAD
AREA, MOTION PASSED 5-0.
6
OLD BUSINESS
4. KEVIN MORAN PARK- CONCEPTUAL DESIGN PROCESS
STAFF RECOMMENDATION:
Accept report, accept public testimony, and provide direction to staff regarding the
process to develop a conceptual design plan for improvement at Kevin Moran
Park.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that at the September 6, 2006 City Council meeting,
Council approved a Joint Use Agreement with West Valley College for use of two
full size soccer fields, which negated the need to develop a full size field at Kevin
Moran Park (KMP).
Director Cherbone stated that a new process for designing KMP must be
developed. Director Cherbone explained three options:
1. Organize a Task Force to work with the Public Works staff and David
Nelson, the City's design consultant to develop a design pIan. The Council
could appoint new members for this Task Force or use existing members
from the KMP Task Force.
2. Appoint a Council Ad Hoc to work directly with staff and the design
consultant to develop a plan.
3. Direct staff to work directly with the design consultant to develop a plan
based on City Council direction.
Mayor Kline asked if the existing Task Force member were willing to continue on
with the design process.
Director Cherbone noted that he hasn't talked to every member of the Task Force.
Vice Mayor Kao asked if the two existing Councilmembers on the Task Force had
to continue with the process.
Director Cherbone noted that the Council representative could be replaced,
The following people requested to speak on this item:
Laura Watkins noted that the user groups do not need a game field at KMP now
that the fields are available at West Valley College. Ms. Watkins noted that since
the KMP neighbors opposed game fields the process should be expeditious.
Marilynn Marchetti urged everyone to visit KMP-it's one of Saratoga's hidden
treasures. Mrs. Marchetti noted that the Park and Recreation Commission (pRC)
should be reinstated. Mrs. Marchetti noted that she feels that between the PRC
and the Task Force they can come up with a good plan.
Jane Olsen urged the Council to no go backwards and stated that we need flat
grass.
7
Marty Goldberg urged the Council to move forward with the "Neighborhood Plan"
for the development ofKMP. In regards to the process, Mr. Goldberg stated that
when the design is completed it be brought back for public discussion.
In regards to the photo Mr. Goldberg presented to Council, Mayor Kline asked if
the neighborhood agreed with two flat grass fields and a bathroom.
Mr. Goldberg responded yes.
Dave Mighdoll noted that just because the City secured gamed fields doe not
change the fact the sports user groups still need flat grass. Mr. Mighdoll urged the
Council not to send the design back to the Task Force.
Bob Wallace suggested the KMP Improvement Project be placed on the ballot.
Susanne O'Neal noted that KMP is a passive park and urged the Council to save
the path for the students. Ms. O'Neal noted that the "Neighborhood PIan" is
thefiscally responsible design.
Maria Guerra thanked the Council for the West Valley Field Use Agreement. Ms.
Guerra urged the Council to retain the bowl and flat grass at KMP.
John Pleque read a letter from Debi Lilo who was unable to attend tonight's
meeting. The letter stated that Mrs. Lilo thanked the Council for the recent
agreement with West Valley College and urged the Council to develop two
practice fields at KMP.
Dan Casas urged the Council to return to the vote they took in June 2006.
Huey Lee expressed her thanked to the Council for securing the fields at West
Valley College. Mrs. Lee noted that now the KMP neighborhood won't have to
worry about traffic, safety, and parking. Mrs. Lee urged the Council to support the
"Neighborhood PIan".
Janice Zdankus stated that the KMP neighbors do not object to practice fields at
KMP and noted that "flat grass" is not a sports complex.
JeffTokel noted that he lived two blocks away from KMP, has two boys, and
rarely uses the park. Mr. Tokel noted that the sports user groups still need practice
fields.
Teresa Lorenzen thanked the Council for the West Valley Field Use Agreement.
Ms. Lorenzen stated that the KMP development process should continue in a
fiscally responsible way.
Elaine Clabeaux urged the Council to go forward with the "Neighborhood PIan".
Mrs. Clabeaux urged the Council not to send the plan back to the Task Force-turn
it over to City staff and the designer.
8
Ted Clabeaux urged the Council to development KMP using the "Neighborhood
Plan".
Donna McKenzie stated that she agreed with the last speakers comments.
Jenni Young Taylor noted that she attended the July 4th celebration at KMP. Ms.
Taylor urged the Council to protect the old oak tree at KMP.
Neil Keever noted that he is against taking out any trees or grass and stated that
KMP does not need a parking lot or the additional traffic. Mr. Keever stated that
KMP should be left as is. Mr. Keever noted that if anyone has a personal interest
in this issue they should recuse themselves from voting.
Mark Linsky urged the Council to move forward with a pIan that includes flat
grass.
Mary Robertson urged the Council to move forward with the "Neighborhood Plan"
with the proper environment review. Mrs. Robertson noted that the agreement
with West Valley College was fiscally responsible. Mrs. .Robertson noted that the
template that was used for practice fields was 50x60 not 110x65. Mrs. Robertson
pointed out that a IlOx65 foot field is considered a "game Field". Mrs. Robertson
urged the Council to reinstate the PRe.
Mayor Kline noted that he was please with everyone's reaction this evening.
Mayor Kline noted that he didn't see a lot of conflict tonight between the groups.
Councilmember Streit noted that after listening to all the speakers he feels both
groups are close to solving this issue. Councilmember Streit stated the he would
not support the pIan returning to the Task Force. Councilmember Streit suggested
sending the plan back to the design consultant and instruct him to return to the
Council with a couple of options. Councilmember Streit noted that there is no
intention of a "game field" at KMP the users are looking for flat grass for practice.
Councilmember Streit noted that a practice field could be designed in the orchard
and would not affect any of the major trees nor would it affect the path.
Councilmember Streit stated hat this field would be so irregular it could never be a
game field. Councilmember Streit stated that his recommendation is to send the
plan to the design consultant to develop as much flat grass as possible that can
never be a game field but, accomplished the need for Y14 and V16 to use as
practice fields.
Councilmember King referred to the comment made that she should recuse herself
from voting because her kids play sports. Councilmember King gave several
examples of other personal interests that she could not vote on. Councilmember
King noted that she would recuse herself if she had any financial advantage.
Councilmember King noted that she wished the plan was not called the
"Neighborhood PIan" which meant that a game field would be allowed at KMP.
Councilmember King noted that she has spent many hours trying to find field
space for games so the neighbors would be happy allowing practice fields at KMP.
Councilmember King sated it in her mind it was never smaller than half and if it
was any smaller only Ul 0 could use the field. Councilmember King thought the
big issue was "game fields" vs. "practice fields". She didn't think the problem
was with the size of the practice field. Councilmember King noted that she thought
9
in the "Neighborhood Plan" the bowl was being developed, her thought is not
develop the bowl but design a reasonable sized practice field. She is disappointed
to hear the neighbors want less than half of a games field. Councilmember King
agreed that the plan should be sent back to the designer and would not agree on a
field that was less than half of what the Council discussed two months ago.
Councilmember King noted that when she supported the "Neighborhood Plan"
what she meant was that no game field should go into KMP.
Councilmember Waltonsmith noted that she supported sending the plan back to the
Task Force.
City Council discussion in regards to the right process to move forward on the
development ofKMP.
KLINEIKAO MOVED TO CONTINUE WITH EXISTING TASK FORCE; IF
EXISTING TASK FORCE MEMBERS DO NOT WANT TO
PARTICIPATE, THE MAYOR WOULD SELECT THE REPLACEMENTS;
ALLOW THE TASK FORCE TO MEET TWO TIMES; USE THE
"NEIGHBORHOOD PLAN" AS A BASE MODEL; RETURN TO
COUNCIL ON NOVEMBER 1, 2006. MOTION PASSED 5-0.
5. COMPENSATION OF PLANNING COMMISSIONERS AND CITY
COUNCIL MEMBERS AND RESOLUTION REINSTATING PLANNING
COMMISSION COMPENSATION
STAFF RECOMMENDATION:
Adopt resolution reinstating Plarming Commission compensation and provide
direction to staffregarding compensation of City Council Members.
Richard Taylor, City Attorney, presented staff report.
City Attorney Taylor explained that earlier this year the City Council directed staff
to suspend payments to City Council members and Planning Cornmissioners
pending further investigation regarding the requirements of AB 1234, adopted by
the legislature in 2005. AB 1234 and related legislation set specific standards
governing compensation and reimbursement of City Council members and other
appointed officials such as Commissioners. At its meeting ofJune 7, 2006 the
City Council adopted a formal reimbursement policy meeting the requirements of
applicable state laws. This report addresses issues pertaining to compensation for
Planning Commissioners and Council members.
In regards to the Planning Commission Stipends, City Attorney Taylor noted that
staff has researched the requirements of AB 1234 together with the resolution
authorizing payments to Commissioners and concluded that AB 1234 does not
preclude compensation of Planning Commissioners. The City's practice prior to
suspension of those payments was to pay Planning Commissioners $150 per
month as a stipend "to assist in part for the numerous hours of service they
(Planning Commissioners) provide to the City of Saratoga." A copy of the 2001
resolution providing for Commissioner compensation is included as Attachment A.
Because the payments are for compensation and not for reimbursement, the
limitations of AB 1234 do not apply. State law gives the Council considerable
discretion with respect to direct compensation of Commissioners. Accordingly,
10
there are no legal obstacles to continuing the City's past practice in this regard.
Attachment B is a resolution reinstating compensation and providing for payment
for the time that the suspension was in effect.
City Attorney Taylor explained that because Commissioner stipends are
compensation, they will be processed through payroll. Planning Commissioners
will be asked to submit W-4 forms, and the stipends will be reported as ordinary
income, subject to Medicare (1.45%) withholding. While the amount of the
stipend does not meet the threshold for state or federal tax withholding, the total
amount received may impact an individual Commissioner's annual state and
federal tax liability.
In regards to the City Council Compensation, City Attorney Taylor explained that
in contrast to Planning Commissioner payments which are intended as
compensation, the City Code makes clear that the $250 per month payments to
City Council members that it prescribes are intended as a general reimbursement
for expenses incurred in the course of performing duties on behalf of the City.
(Attachment C includes the text of the relevant Code section.) AB 1234, however,
precludes continued use of that form of reimbursement. Instead, it authorizes
reimbursements onlyon an expense-by-expense basis in accordance with an
adopted reimbursement policy. The City adopted such a policy on June 7, 2006.
City Attorney Taylor that in light ofthe limitations imposed by AS 1234 the City
must either repeal the Code section regarding reimbursement or amend that section
to provide for some form of compensation. Ifthe Council elects to provide for
some form of compensation, the compensation would not take effect until after the
new Council members take office following the November election.
City Attorney Taylor explained that State law provides that Council members in a
City the size of Saratoga may be paid up to $300 per month. (Gov't Code 9
36516(a)(1).) Higher compensation is permitted if approved by the voters. (Gov't
Code 936516(b).) The Council could structure this as a flat monthly payment or
could provide for payments of a specified amount for each meeting attended by the
Council member up to a specified maximum per month. As with Planning
Commission compensation, City Council compensation would be subject to
medicare withholding.
City Attorney Taylor noted that if the City Council elects to compensate Council
members it also has the option of making available retirement and medical benefits
through the California Public Employees Retirement System (CalPERS),
CalPERS staff has indicated that the City would have the option of making
retirement and medical benefits available to compensated Council members
(Planning Commissioners are not eligible for these benefits
KING/W ALTONSMITH MOVED TO ADOPT RESOLUTION
REINSTATING PLANNING COMMISSION COMPENSATION
RETROACTIVE. MOTION PASSED 5-0.
WALTONSMITH/KAO MOVED TO DIRECT STAFF TO RESEARCH
BENEFITS PAID BY COUNCILMEMBERS AND REINSTATE $250
COMPENSATION. MOTION PASSED 3-1-1 KLINE OPPOSING AND
KING ABSTAINED
11
6. CITY COMMISSIONS - STATUS AND FUTURE OPTIONS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Barbara Powell, Assistant City Manager, presented staff repot.
Assistant City Manager Powell explained that at its May 18, 2005 meeting, the
City Council adopted Resolution 05-032 pertaining to the structure and operations
of City Commissions. Assistant City Manager Powell explained that in
recognition of significant budget cuts sustained by the City over several years, a
corresponding reduction in City staff, and staffing requirements of City
Commissions, the Council made several changes to the Commissions:
. Arts - Suspended until July 1, 2006; extended member terms for one year
. Finance - Meeting frequency changed from monthly to once/year and as
needed; reduced the number of members from 7 to 5
. Library - Meeting frequency changed from monthly to quarterly; reduced
the number of members from 7 to 5
. Parks & Recreation - Suspended until September 1, 2006; extended
member terms for one year
. Public Safety - Renamed as Traffic Safety Commission; defined mission
as investigation, review and analysis of issues regarding traffic safety;
reduced the number of members from 7 to 5
. Heritage Preservation, Planning and Youth Commissions - unchanged
. Formed the Saratoga Pedestrian, Bicycle & Equestrian Trails Committee to
advise the Public Works Director about planning, acquisition, development
and maintenance of trails in Saratoga.
Assistant City Manager Powell continued to explained that at its February 10,
2006 Retreat, the City Council received a report from Cathleen Boyer, City Clerk,
about options for citizen involvement. Included in Ms. Boyer's report was a
review of the above decisions concerning Commissions, as well as an estimate that
it takes at least one-quarter of a full-time employee (approximately 500 hours) to
appropriately staff each Commission.
Assistant City Manager Powell noted that Ms. Boyer's report included several
options for Council consideration:
. Reestablish the Arts and Parks & Recreation Commissions;
. Establish a Cultural Commission (possibly the Arts, Library and Heritage
Preservation Commissions combined);
. Combine commissions/committees together (Parks & Recreation could be
combined with the Pedestrian, Bicycle & Equestrian Trails Cornmittee);
. Reduce the scope of commissions to limit self-generated projects; and/or
. Reduce meeting frequency to limit needed staff support.
12
Assistant City Manager Powell noted that at the retreat, Council members affirmed
the decisions they had made through Resolution 05-032 and did not make any
additional decisions regarding Commissions/Committees.
Assistant City Manager Powell noted that in light of the suspension until
September 1, 2006 of the Parks & Recreation Commission, and recent discussions
during Oral Communications at City Council meetings, staff is bringing this issue
to the Council for further direction.
Assistant City Manager Powell presented Council with the following options:
1. Extend the current Commission status until the next Council retreat, slated
for February 2007. At that time the new City Council could determine the
level of involvement of Commissions in Saratoga city government.
2. Reactivate some or all City Commissions, with less frequent meetings,
fewer members and/or reduced scope of duties.
3. Fully reactivate Commissions to their previous status.
Assistant City Manager Powell explained that the limiting factor in reinstituting
City Commissions is a lack of staff support capacity. As previously constituted,
each Commission had a full agenda of self-initiated activities and relied heavily
upon staff for the development of agendas, preparation of minutes, meeting
noticing, staff reports and pre-meeting research and follow-up after meetings.
These tasks are quite time intensive and may constitute up to one-quarter of the
time of the staff assigned to support the Commission. Further, the City Manager's
Office previously had one additional employee devoted largely to Commission
support. Additional Commission support was provided by department head or
division head level staff members.
Assistant City Manager Powell explained that currently, the Administrative
Services Director position is vacant, limiting the support that department could
provide to a reconstituted Finance Commission. As well, the Recreation Director
is on medical leave and is not available to provide Commission support. The
Public Works Director already supports the Traffic Safety Commission and the
Pedestrian, Bicycle & Equestrian Trails Committee and, with his many other
responsibilities, could not support another Commission assignment.
Assistant City Manager Powell explained that if the City Council desires to
reengage citizen participation through Commissions and to restore enhanced
customer and community relations, it is recommended that a position be
established in the City Manager's office to provide for Commission support,
preparation of a community newsletter and public/media relations services,
together with reestablishment of a City Hall receptionist position to provide front-
line customer service.
The following people requested to speak on this item:
Elaine Clabeaux noted that she fully supported reinstating the Commissions. Mrs.
Clabeaux noted the PRC saved the City a 10t of time and money.
13
Denise Goldberg noted that the time allotment in the staff report for City staff time
was incorrect.
Marilyn Marchetti noted that that she fully supported reinstating the Commissions.
KLINEIKAO MOVED TO ALLOW THE NEXT CITY COUNCIL TO MAKE
THE DECISION AND ADD IT TO THE FEBRUARY 2007 CITY COUNCIL
RETREAT. MOTION PASSED 5-0.
NEW BUSINESS
7. REMOVAL OF THREE OAK TREES AT WILDWOOD PARK
STAFF RECOMMENDA nON:
Direct staff on which option to pursue with respect to the removal of two coast live
oaks and one valley oak.
Kate Bear, City Arborist, presented staff report.
Arborist Bear described the situation and condition of the trees at Wildwood Park.
The following people requested to speak on this item:
Marilyn Marchetti suggested obtaining a second opinion in regards to the tree in
the parking lot ofthe Inn at Saratoga.
Jenni Young Taylor noted that proper notice ofthis item was not given to the
public.
W ALTONSMITH/STREIT MOVED TO REMOVE TWO COAST LIVE
OAKS IN WILDWOOD PARK ADJACENT TO THE WALKWAY AND
REPLACE THEM WITH THEM WITH THE SAME SPECIES. MOTION
PASSED 5-0.
STREITIKAO MOVED TO OBTAIN A 2ND OPINION ON THE VALLEY
OAK LOCATED IN THE PARKING LOT OF THE INN AT SARA TOGA
AND REPORT BACK TO COUNCIL ON OCTOBER 4, 2006. MOTION
PASSED 5-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kline had no reportable information.
Vice Mayor Kao stated that she attended the Santa Clara County City's Association for
Mayor Kline and volunteered him to be the alternate.
Councilmember Streit had no reportable information.
Councilmember Waltonsmith reported the following information:
KSAR Communi tv Access TV Board - noted that she was voted back on the Board as a
non-voting member.
Sister City Liaison - noted that their 50th Anniversary event was this weekend.
14
Councilmember King had no reportable information.
CITY COUNCIL ITEMS
Councilmember Waltonsmith noted that many Blue Hills School neighbors have
expressed to her that they would like some relief from soccer games at the school.
Councilmember King noted that she would talk to Howard Miller about the situation at
Blue Hills Scholl.
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the regular meeting at 11 :25
p.m...
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
15
SARATOGA CITY COUNCIL
MEETING DATE: 11/01/2006
AGENDA ITEM:
CITY MANAGER:& -? ~./
DEPT HEAD: S ctM~ ,J( S ~
~~
-
ORIGINATING DEPT: Admin, Svcs.
PREPARED BY, ~{~ ~
Leo in n{::;,
Sandra Sato, Interim A.S. Director
SUBJECT: Check Register for 10/17/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 10/17/2006.
REPORT SUMMARY:
Attached is the Check Register for 10/17/2006. The checks were released on 10/19/2006. Payroll checks were
released on 10/12/2006. The prior Check Register for 10/03/2006 ended with check number 103335.
.--
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Accounts Payable 10/19/06 103336 103450 115 $336,137.54
Payroll 10/12/06 31924 31949 26 $132,168.46
TOTAL $468,306.00
The following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures.
Check# Issued to Fund Dept Purpose Amount
103357 City of San Jose General Police & Public Safety Animal Services - August $12,916.67
103368 F ehr & Peers Associates General General Engineering Saratoga NTMP-7/1-7/28 $5,096.45
103368 F ehr & Peers Associates General General Engineering Saratoga NTMP-7/29-8/25 $11,930.71
103405 Matt Novakovich General Parks/Open Space Heritage Pruning-05-06 $8,616.65
103405 Matt Novakovich General Parks/Open Space Heritage Maintenance-05-06 $71,166.35
103418 Ross Recreation Equip. InfraCIP Blaney Plaza hnprove Redwood Tables/Benches $15,790.76
103422 San Jose Water Company Various Various Monthly Service - September $20,591.80
103431 Soil Engineering General Street Maintenance Subdrain Repair-Haymeadow $86,785.00
...-.
The following is a list of cash reductions by Fund.
Fnndil Fnnd IbcriJJtion AlP Total PRTotal Total
001 G='lll 253,078.36 30,974.55 284,05291
150 Streets &Roads 3,403,41 17,011.47 20,414.88
202 Fnrleri 40.80 40.80
203 Geenbriar 398.14 398.14
205 Azule IiclJting 1,382.29 1,382.29
2ff) e 31241 31241
210 Tricia Woods 47.14 47.14
211 A_ de 59.41 59.41
212 Leutar Court J 57.23 57.23
215 Bonnet Wf'\' J , 15255 15255
222 Prides 240.70 240.70
224 Village Corrmrical 101.16 101.16
225 ,J ,J 255.00 255.00
226 Belh!rOve lID 5,262.34 5,262.34
m 162.38 162.38
229 Toll~lID 34.05 34.05
231 HJrseshoe lID 320.00 320.00
232 SOl.95 SOl.95
250 fuel Savices 7,203.38 55,mJ.30 62,21268
2ro EnvirornmJtal SRF 972.43 5,365.7:7 6,337.70
290 Recreatjen 10,426.96 19,323.68 29,750.64
291 TeenSavices 488.10 3,460.00 3,948.10
310 Parldxve1 U1Pital Project Furrl 1,886.92 1,886.92
320 li1:my. . on Capital Project Furrl 4,500.00 4,500.00
420 Lernard Road Trust arxI Furrl 279.35 279.35
604 PI 't Pre 2lXXj 2,279,21 2,27921
(lli 't F'Y2OO) 10,218.38 10,218.38
701 Traffic Safety 1,421.64 1,421.64
703 IIal<1:re ADA 4,926.00 4,926.00
7m AldJa Slreet Safi ~ 2,lXXl.OO 2,lXXl.OO
716 Hil!hW<w 9/OIkPedestrian 921.77 921.77
732 M:dian J en 1,695.60 1,695.60
743 Blaney P1aza 16,831.31 102.42 16,933.73
746 e 2,016.03 2,016.03
755 WlIlllff Hutton HJu<;e 2, 775.CXJ 2, 775.CXJ
'IOI'AI. 336,137.54 132,168.46 468,306.00
--'
---'"
---'"
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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SARATOGA CITY COUNCIL
-
ORIGINATING DEPT: Administrative Services
PREPARED BY: ~ Soft
an ra ato
CITY MANAGER:
DEPT HEAD: o:~S.llv
Sandra ato
~t:
&-.//7
MEETING DATE: November 1, 2006
AGENDA ITEM:
SUBJECT: Budget Carryovers from Fiscal Year (FY) 2005/06 to FY 2006/07
RECOMMENDED ACTION(S):
Accept report and adopt the resolution approving Budget Adjustment No. 14 to the FY 2006/07
Adopted Budget to carryover appropriations from FY 2005/06 to FY 2006/07.
REPORT SUMMARY:
,-
At the end of every fiscal year, certain budgeted material purchases, contracted services and other
future expenditures which have been set aside in specific line item appropriations may need to be
carried over to the new fiscal year because the projects and the related expenditures could not be
completed prior to the end of the fiscal year. The following is a list of the recommended budget
carryovers from FY 2005/06 which staff recommends be carried over into FY 2006/07.
-
Vendor PO# Project, Justification and Account Decrease Increase
or Status FY FY 06/07
Bud 05/06 Exp
Adi# EXD
Sellers & Associates 22279 TEA Consultants-Continuing 001-1005-511-5708 (5,950) 5,950
proiect crossing fiscal vears
Wohlford Consulting 22284 Cost Allocation Study/Fee 001-1050-513-5205 (24,338) 24,338
Analysis-Project to be completed
in FY 2006/07
Warren B. Heid AlA & 22141 McWilliams House Architectural 001-1060-513-5438 (4,000) 4,000
Associates Services-Project to be completed
in FY 2006/07
Santa Clara County 22222 City's Emergency Radio System- 001-2005-521-5609 (131,108) 131,108
Communications Only part of equipment was
received in prior year, balance to
be received in FY 2006/07
Soils Engineering 22304 Haymeadow Sub-drain Repair- 001-3005-532-5241 (123,045) 123,045
Project delayed due to need to
relocate San Jose Water main
t
Vendor 0 be determined 05/06 Trail Segment #3 Repairs- 001-3030-532-3522 (16,500) 16,500
No.15 Unspent appropriations for work
to be done in FY 2006/07
Transfer-out to Lighting 05/06 Unspent balance of appropriation 001-9090-597-1019 (44,945) 44,945
& Landscaping Districts No.15 for General Fund support of L&
L Districts authorized by the City
Council on 2-1-06
ECS 22368 Software Upgrades for Document 00 I-I 030-511-5611 (2,896) 2,896
Imaging -Delayed due to server
uOlITades
ECS 22368 Software Upgrades for Document 250-4010-542-5611 (2,896) 2,896
Imaging-See above
ECS 22368 Software Upgrades for Document 502-1092-513-5611 (2,896) 2,896
Imaging-See above
County of Santa Clara N/A GIS Basemap Services-Invoice 260-5015-552-3101 (2,890) 2,890
received in September which was
after the Budget Appropriation
exoired
Sungard H.T.E., Inc. 22379 Admin. Services Financial 502-1092-513-5206 (100,000) 100,000
Software Upgrade-Project to be
initiated in FY 2006/07
CR W Associates 22353 Community Development Permit 502-1092-513-5557 (100,000) 100,000
Software Upgrade-Project to be
initiated in FY 2006/07
Santa Rosa Chevrolet- 22188 Vehide purchase for Field 50 I-I 091-532-6005 (165,038) 165,038
Isuzu Operations- Trade-in phase
completed in prior fiscal year
purchase to be made in FY
2006/07
TOTALS (726,502) 726,502
......,r
......,r
Additional Appropriation:
In addition to the carryovers listed above, an appropnatlOn is needed to compensate Sellers &
Associates for their services in connection with the passage of AB 117. The funding could not be
included in the FY 2005/06 budget because the authorizing legislation was not passed until after the
fiscal year closed. The necessary appropriation is as follows and will not be disbursed under the
contract until the first TEA revenues are received by the City.
Description
TEA AB 117-Sellers Contract
Account #
001-1005-511-5708
Amount
$14,875
FISCAL IMP ACTS:
The fiscal impacts of the recommended budget actions detailed above are:
Fund
General Fund No. 001
Development Services Fund No. 250
Environmental Services Fund No. 260
Amount of Increased Appropriations:
$367,657
$ 2,896
$ 2,890
......,r
Equipment Replacement Fund No. 501
Information Technology Fund No. 502
Total Carryover Appropriations
$165,038
$202,896
$741,377
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The FY 2006/07 budget will not reflect revenues and expenditures related to the above appropriations
thereby jeopardizing the accomplishment of City goals and objectives.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Enter the budget amendment into the fiscal records.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
. Resolution amending the FY 2006/07 budget by approving Budget Adjustment No. 14 to FY
2006/07
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE FY 2006/07 EXPENDITURE BUDGET TO INCLUDE THE CARRYOVER
OF AUTHORIZED APPROPRIATIONS FROM FY 2005/06 TO FY 2006/07
WHEREAS, on June 30, 2006, the City of Saratoga ended its 2005/06 fiscal year; and
WHEREAS, the City is currently analyzing, adjusting and closing the books and records of the
2005/06 fiscal year; and
WHEREAS, certain un-spent appropriations from FY 2005/06 need to be carried over to the next
fiscal year in order to accomplish City goals and objectives in FY 2006/07; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
resolves to accept the changes to appropriations contained in Budget Adjustment No. 14 to the FY
2006/07 budget as detailed below.
AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director or
her designee is directed to record these changes into the City's accounting records in accordance with
appropriate accounting practices.
Vendor PO# Project, Justification and Account Increase
or Status FY 06/07
Bud Appropriation
Adj#
Sellers & Associates 22279 TEA Consultants-Continuing 00 I-I 005-5 11-5708 5,950
project crossing fiscal years
Wohlford Consulting 22284 Cost Allocation Study/Fee 001-1050-513-5205 24,338
Analysis-Project to be completed
in FY 2006/07
Warren B. Heid AlA & 22141 Mc Williams House Architectural 001-1060-513-5438 4,000
Associates Services-Project to be completed
in FY 2006/07
Santa Clara County 22222 City's Emergency Radio System- 001-2005-521-5609 131,108
Communications Only part of equipment was
received in prior year, balance to
be received in FY 2006/07
Soils Engineering 22304 Haymeadow Sub-drain Repair- 001-3005-532-5241 123,045
Project delayed due to need to
relocate San Jose Water main
Vendor to be determined 05/06 Trail Segment #3 Repairs- 001-3030-532-3522 16,500
NO.15 Unspent appropriations for work
to be done in FY 2006/07
Transfer-out to Lighting 05/06 Unspent balance of appropriation 001-9090-597-1019 44,945
& Landscaping Districts No.15 for General Fund support of L&
L Districts authorized by the City
Council on 2-1-06
ECS 22368 Software Upgrades for Document 001-1030-511-5611 2,896
Imaging -Delayed due to server
unorades
ECS 22368 Software Upgrades for Document 250-40 I 0-542-5611 2,896
Imaging-See above
ECS 22368 Software Upgrades for Document 502-1092-513-561 I 2,896
Imaging-See above
County of Santa Clara N/A GIS Basemap Services-Invoice 260-5015-552-3101 2,890
received in September which was
after the Budget Appropriation
exoired
Sungard H.T.E., Inc. 22379 Admin. Services Financial 502-1092-513-5206 100,000
Software Upgrade-Project to be
initiated in FY 2006/07
CR W Associates 22353 Community Development Permit 502-1092-513-5557 100,000
Software Upgrade-Project to be
initiated in FY 2006/07
Santa Rosa Chevrolet- 22188 Vehicle purchase for Field 501-1091 -532-6005 165,038
lsuzu Operations- Trade-in phase
completed in prior fiscal year
purchase to be made in FY
2006/07
Additional n/a Sellers & Associates-appropriate 001-1005-511-5708 14,875
Appropriation funding for payment for securing
TEA funding through the passage
of AB 117
TOTALS 741,377 ----,
I
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on the 1st day of November, 2006 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
Cathleen Boyer, City Clerk
.--
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
~F
.c J~/
ORIGINATING DEPT.: Community
Development
CITY MANAGER:
Dave Anderson
PREPARED BY: Jonathan Wittwer
Assistant City Attorney
DEPT. HEAD:
John Livingstone
c.m~,
j2/). ~ -
SUBJECT: AN ORDINANCE OF THE CITY OF SARATOGA AMENDING VARIOUS SECTIONS OF
CHAPTERS 7, 9, 14, 15 AND 16 OF THE CITY CODE, AND ADDING SECTION 15-05.588 PROVIDING A
DEFINITION OF "SETBACK AREAS" AND APPENDICES A AND B TO CHAPTER 15.
RECOMMENDED ACTION
.--
Staff recommends that the City Council waive the second reading and adopt the ordinance amending
various sections of the City Code making technical revisions concerning various zoning matters as
introduced at the City Council meeting of October 18, 2006.
REPORT:
At its meeting of October 4, 2006 the City Council conducted a public hearing regarding
proposed amendments to the City Code to amend Chapters 7, 9,14, 15 and 16 of the City Code
and add Section 15-05.588 providing a definition of "Setback Areas" and adopting Appendices A
and B to Chapter 15. Following the October 4,2006 public hearing, the Council voted to
introduce the ordinance and waive the first reading and directed staff to place the matter on the
consent calendar for its October 18, 2006 meeting. At the October 18, 2006 City Council
Meeting, the Council considered public comment (both written and oral) and the Community
Development Director requested that certain proposed technical revisions be withdrawn for
further review and that the remainder of the technical revisions proceed. The City Council voted
to reintroduce the ordinance (after withdrawal ofthose certain technical revisions) and waive the
first reading and directed staff to place the matter on the consent calendar for its November 1,
2006 meeting.
ALTERNATIVES:
As discussed in October 4, 2006 staffreport and at the October 18, 2006 meeting.
---
I
FISCAL IMPACTS:
As discussed in October 4, 2006 staff report and at the October 18, 2006 meeting..
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
..../
Draft Ordinance.
--'
--'
2
ORDINANCE NO.
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTERS 7, 9,14,15, AND
16 OF THE CITY CODE, AND ADDING SECTION 15-06.588 PROVIDING A
DEFINITION OF "SETBACK AREAS" AND ApPENDICES TO CHAPTER 15.
THE CITY COUNCIL OF THE CITY OF SARA TOGA DOES ORDAIN AS
FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
A. On July 26, 2006, the Planning Commission conducted a noticed public
hearing at which all interested persons had an opportunity to be heard to
consider amending various sections of Chapters 7, 9,14,15, and 16 of the City
Code, and additions of Section 15-06.588 and Appendices A and B to Chapter
15 of the City Code, and recornmending adoption of the proposed amendments
subject to three changes as follows: (I) the equestrian zone, described in
Section 15-06.0 lO(k), should be referred to as an "Equestrian District" for
consistency with the descriptions of other overlay districts in the City Code;
(2) the Equestrian District map, included in the proposed addition of Appendix
A to Chapter 15 of the City Code, should be cross-referenced in Section 15-
06.010(k); and (3) the period for issuing a summons in any action challenging
a decision of the Planning Commission or the City Council, described in
Section 15-90.080, should be amended from 120 days to 90 days for
consistency with practice under the California Code of Civil Procedure.
B. On October 4, 2006, the City Council conducted a duly noticed public
hearing at which all interested persons had an opportunity to be heard to
consider amending various sections of Chapters 7, 9, 14, 15, and 16 of the
City Code, and additions of Section 15-06.588 and Appendices A and B to
Chapter 15 of the City Code. On October 18, 2006, the City the Council
considered additional public comment (both written and oral) and the
Community Development Director requested that certain proposed technical
revisions be withdrawn for further review and that the remainder of the
technical revisions proceed. The City Council voted to reintroduce the
ordinance (after withdrawal of those certain technical revisions) and waive
the first reading and directed staff to place the matter on the consent
calendar for its November I, 2006 meeting.
Ordinance No.
3
Section 2.
Adoption.
Chapters 7, 9, 14, 15, and 16 of the Saratoga City Code are amended to read as
described in Attachment A.
Section 15-06.588 and Appendices A and B, as described in Attachment A, are added to
Chapter 15 of the Saratoga City Code.
Section 3.
California Environmental Quality Act.
Pursuant to the California Environmental Quality Act ("CEQA"), this action is exempt
under 14 California Code of Regulations ("CEQA Guidelines") section 15308 (the
amendments are exempt because they assure maintenance, restoration, enhancement, or
protection of the environment) and CEQA Guidelines section 15061(b)(3) (the
amendments are exempt because it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment).
Section 4.
Clarification of Existing Law.
This proposed ordinance clarifies language in the City Code. The proposed
clarifications would not cause a change in existing law. This ordinance would instead
clarify and reconfirm existing law.
Section 5.
Seyerance 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 eyery
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 inyalid, 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 6.
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.
/
/
Ordinance No.
4
The foregoing ordinance was introduced and first reading waived at the regular
meetings of the City Council of the City of Saratoga held on the 4th and 18th days of
October, 2006, and was adopted by the following vote following a second reading on
the 1st day of November, 2006:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
CLERK OF THE CITY OF SARA TOGA
Saratoga, California
APPROVED AS TO FORM:
JONATHAN WITTWER, ASST. CITY ATTORNEY
Ordinance No.
5
November 1, 2006
ATTACHMENT A
PROPOSED AMENDMENTS AND ADDITIONS TO VARIOUS SECTIONS OF CHAPTERS 7, 9, 14, 15 AND 16 OF THE
SARA TOGA CITY CODE RELATING TO ZONING REGULA TJONS
~ 7-05.020 Definitions,
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to
them by this Section, unless the context or the provision clearly requires otherwise:
(a) Conunercial premises means all premises except residential premises.
(b) Delinquent means a failure of the recipient of garbage collection service, or of the owner, to pay when due all
charges owed to the garbage collector for garbage collection service rendered or to be rend~Ted or made available.
(c) Director means the Community Services Director and his duly authorized agents and representatives.
(d) Dwelling means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing
one or more persons.
(e) Garbage means all kinds and classes of decomposable and nondecomposable solid, senu-solid and liquid waste
material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub
trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and
commercial or industrial waste products, but not including domestic sewage or hazardous wastes.
(f) Garbage Collector means any person who is authorized by the franchise agreement existing between him and the
City, in accordance with Section 7-05.110. to collect, receive, carry, transport, and dispose of any garbage produced,
kept or accumulated within the City.
(g) Garbage collection service means the collection, transportation and disposal of garbage by an authorized garbage
collector.
(h) Hazardous wastes means any and all toxic, radioactive, biologically infectious, explosive or flammable waste
materials, including any material dermed in Chapter 8 of this Code for which a hazardous materials storage permit is
required.
(i) Multiple-unit dwelling means any premises, excluding a hotel, motel, or lodginghouse, used for residential
purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or
pennanent.
U) Occupancy, occupied. A premises is "occupied" when a person or persons take or hold possession of the premises
for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods
when garbage collection service is made available to such premises, occupancy shall be preswned unless evidence is
presented that gas, electric, telephone and water utility services were not being provided to the premises during such
periods.
(k) Owner means the holder or holders of legal title to the real property constituting the premises to which garbage
collection service is provided or made available.
(I) Premises means any land, building or structure, or portion thereof, within the City where any garbage is produced,
kept, deposited, placed or accumulated.
(m) Residential premises means any single-unit dwelling or multiple-unit dwelling.
6
Zoning Code Amendments
November 1,2006
(n) Single-unit dwelling means one or more rooms and a single kitchen, designed for occupancy by one family for
residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and
each second d\\'ellingunit. as defined in Chaoter 15, shall constitute a separate single-unit dwelling to which garbage
collection service is provided or made available, unless the ovroer or occupants thereof arrange for garbage
collection service to be provided to all dwelling units upon the premises at commercial rates.
(0) Tenant means any person or persons, other than the owner, occupying or in possession of a premises.
~ 9-65.020 Exemptions.
The hillside street repair fee shall not apply to any of the following:
(a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit.
(b) Construction of accessory structures. as defmed in Section 15-06.670(b) of the Saratoga Zoning Ordinance.
(c) Second dwellinQ units. as defined in Chanter 15 for ",",bicb a 11se permit is issHed p1:lTsuant to Artiele 16 58 eftne
Saratoga Zaning OrdiFlaH€e.
(Ord. 71-140 S 2 (pan), 1994)
~ 14-05.060 Exclusions from Chapter.
This Chapter shall not apply to any of the following:
(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial
buildings, commercial buildings or mobile home parks, or the financing or leasing of existing separate commercial or
industrial buildings on a single site.
(b) Mineral, oil or gas leases.
(c) Land dedicated for cemetery purposes under the State Health and Safety Code.
(d) The construction, Jtinancing or leasing ofa second dwelling unit, as defined il1 Chapter 15. for y,'hieh a use permit
is grallled plUsuant to !.rtiele 15 56 of the belting OHlinance, but this Chapter shall be applicable to the sale or other
transfer of o\\mership of such units where the sale or transfer does not include the entire sitel:lpsn 'shieh the second
ooit is leeated.
(e) Short term leases. temlinable by either party on not more than thirty days notice in writing. of a portion of the
operating right-of-way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code.
(f) Any division, conveyance. development, financing or leasing ofland by the City.
(g) Land conveyed to or from a governmental agency, public entity (other than the City) or public utility, or land
conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless it is
determined hy the Planning Directer Community Develonment Director that the public interest or public policy
requires the application of this Chapter to such conveyance.
~ 14-10.100 Floor arl'a; gr.,. fleer area.
fat-Floor area 1S as defined ill Chapter 15. means horizental area measured in sl2}:tlare feet.
(b) Gress floor area means the total floor spa,"e cIRder roof sf all floors sf a building measured te the outside surfaces
of eKterier \'.'alls, iHclusing halls, stair-Hays, eleyator shafts, aucts, seryiee and meehanical eq11iflment rooms, and
including also interior eourts ";lib or y;ithout a reef, but eJcel11sing basemeFlts, e"terier roof overhaRgs, e"terior
unenclosea baleeaies, aHa 11nencloses areas unai?fReath e'~teri0r decks or baleonies. The floor area ef a covered
structure, ar portien tllereof, Flet provides '.Yith surrel:IDding enterier '.yalls sRall he the area 1.:lIlder the horizemal
prejeetion efthe roof or floor ahs','e. Gross fleer area iReludes all areas hayiRg aH interier fieigflt of at least seven
and one half feet, eJ,cept-that in the ease sf a sl€lJ3ea Geiling, reef or grorms surface, the floor area shall l3e measbl:fed
from the J3smt at 'shieh the interior height is fi','e feet if any J3ertieR of sueR area also has aFl interior height of at least
seyen ami ene half f-ee17
7
Zoning Code Amendments
November 1, 2006
~ 14-10.300 Structure.
Structure means that which is built or constructed which requires a location on the ground, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts hut does not include a
fence or a wall used as a fence not exceeding six feet in height.
(a) Main structure means a structure housing the principal use ofa site or fimctioning as the principal use.
(b) Accessory structure means a detached structure \vhifl}..,!~~j.D detachs~:UtQ!.1J the ngi~L~tTu5:'ture_pI11hdQ.Lslh::lulE1J
tj}s',__(jj\l_<:!)Kt:"ll~J~~~_(,'~.1.l-,!.nY_mlXLQiJh~J'}~l~llJ,lSJQICS j1iJ:1JifLY.::-_~_l0_jDSl]cs O_UDiiL~L~" the use sf': hiGh is CLilsubordinate
and incidental to, and customarily associated with, the main structure or the principal use of the l(lt-site~, and v/ltieh is
U.ij)Jocated on the same h!lstre as the main structure or principal use._Notwil!lHm.1.diIE! the n2regoinS!._5.~~Q1ill
~hys:' 1.l!!lg_1mit~_.~r~_gQl.?:('cessof\: 0JIbl_ctllr~~-,
~ 14-20.040 Contents of application.
Eighteen copies of the proposed tentative subdivision map shall be submitted to the Community Development
Director. Additional copies may be required for transmittal to the designated official of any adjoining local agency,
which has requested the same as provided in the Map Act. In the event the State Department of Transportation has
filed the requisite map with the City relating to existing ar proposed State highway routes upon which it believes
subdivisions would have an effect and the property is located within the area covered by such map, two additional
copies of the tentative map shall also be filed, which shall be transmitted by the advisory agency to the district office
of such Department with a statement that the advisory agency will consider any recommendation of said Department
made within fifteen days after receipt by it of said copies of the map. The tentative map shall be clearly and legibly
drawn by a registered civil engineer or licensed land surveyor. It shall have a dimension of not less than eighteen
inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision
of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one
inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. The tentative map shall contain,
or be accompanied by, the following infonnation:
(a) The name of any existing recarded map applicable ta the subdivision, the date of recording such map, and the
book and page of the official records where such map is recorded.
(b) Proposed subdivision name, if any. The proposed name is subject to approval by the advisory agency.
(c) Date. north point, scale and sufficient description to define the location and boundaries of the proposed
subdivision or building site.
(d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent
rights-of-way, topographic features and all improvements on adjacent property located within one hundred feet of the
subdivision or site boundary.
(e) Name and address of record owner or owners, applicant, and registered engineer or licensed land surveyor who
prepared the map or drawing.
(f) Locations, names, widths, centerline radii and centerline slopes of all streets, highways and other ways in the
proposed subdivision or site.
(g) Nwnber oflots, dimensions of the lots, including frontage, depth and area in square feet.
(h) Five-foot contours ta describe area. Where the slope of any part of the property exceeds ten percent or where the
property abuts existing developed lots, an overall grading plan may be required showing features adjacent to the
property within a reasonable distance therefrom which would affect the subdivision or building site. In those cases in
which a grading plan is required, it shall show how runoff of surface water will be controlled and the ultimate
disposal of all surface waters. Bench marks shall be on County datum.
8
Zoning Code Amendments
November 1, 2006
(i) Location and character of all existing easements for drainage, sewage or public utilities, together with all buildmg
and use restrictions applicable thereto, and the approximate locations of all proposed easements for drainage, sewage
or other public utilities.
U) Existing use or uses and zone or zones of the property and proposed use or uses.
(k) Transfers of adjacent or related property owned by the applicant or his predecessor in interest made within the
last preceding five years.
(I) Location of all creeks, streams and other water courses delineated on said map or drawing, showing top of
existing banks and creek depth, with separate sheet showing cross-section of all such creeks, streams and water
courses.
(m) All provisions for domestic water supply which are proposed by the applicant, including source, quality and
approximate quantity expressed as gallons per minute.
(n) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant.
Disposition of on-site stonn water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff
Pollution Prevention Program (NPDES) as defmed in Article 15-06 of the Zoning Code.
(0) Existing wells, active or abandoned, and disposition proposed,
(p) Public or common green area proposed, if any.
(q) Statement of tree planting and landscape plan, if required at the time of the application: otherwise, such plans
shall be submitted with the project improvement plans for the subdivision or site as part of the application for
building pennit.
(r) Statement of street lighting plan, if any.
(s) Statement of the improvements proposed to be constructed or installed and of the time when said improvements
shall be installed and the date oftheir anticipated completion.
et) Site development plan in accord with Section 14-25.100, where required.
(u) The approximate distance to and location of the nearest sanitary sewer main line.
(v) Location of existing nrNecled tTe-es. as defined in Section 15-50.020(q), native, emamentaI ami BIeHard trees,
including outline, centeTs and species haying a trunl: eire1.:unferenee of thirty n~/8 mches or mere at a point twenty
fBur inches "eo','. aatmal grade.
(w) A preliminary geologic and soils report as described in Section 14-20.020 of this Article, unless such report has
already been furnished prior to the filing afthe application; provided, however, where the average slope afthe
proposed subdivision does not exceed ten percent, the Community Development Director may require such report to
be submitted with the improvement plans for the subdivision or site as part of the application for building permit;
and provided, further, that the Community Development Director may waive the requirement of a preliminary
geologic report ifhe or she detennines that, due to the available knowledge of the City as to the soil qualities of the
site, no such preliminary geologic report is necessary.
(x) A preliminary title report issued within ten days from date of filing the application by a reputable title company
doing business in the County, issued to or for the benefit of the City and showing all parties having any interest in the
land.
(y) If the applicant requests that vesting tentative map approval be granted pursuant to Article 14-80 of this Chapter,
9
Zoning Code Amendments
November 1, 2006
the proposed map shall have printed conspicuously on its face the words "Vesting Tentative Map."
(z) When requested by the Connnunity Development Director, a scale drawing of the surrounding area for a distance
of at least five hlUldred feet from each boundary of the proposed subdivision or building site, indicating the names
and last known addresses of the owners of all property located within five hundred feet of stich boundaries, as shown
the latest available assessment roll of the County.
In addition to the foregoing, the Community Development Director may require the applicant to submit such
additional maps, documents, information and materials as the Community Development Director deems necessary
for the review, processing and evaluation of the proposed tentative map approval. If any such additional maps,
documents, information or materials are required, the Director shall so advise the applicant in writing within thirty
days from the filing of the application.
(Amended by Ord. 221 S 2 (part), 2003: Ord. 229 S 2 (part), 2004)
~ 14-25.11 0 Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(I) 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 hazardous ftre areas, which are defmed 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 non-availability 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 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
urnts is proportionately greater because of the higher density of occupants. lnnnediate warning offrre and notification to
the fire district of the existence and location of frre will serve to reduce the possibility of death, injury and property
damage.
(5) Because connnercial buildings and connnunity facilities are public gathering places, the public health and safety risks
offIre are particularly acute. Immediate warning offlIe and notifIcation to the fIre district of the existence and location
of frre 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 frre alann system in a connnercial
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 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:
(I) All new single-family dwellings, connnercial structures and community facilities located within a designated
hazardous fIre area.
(2) Any existing single family dwelling, connnercial structure or connnunity facility which is expanded by fifty percent or
more in gFeSS floor area and is located within a designated hazardous fIre area.
(3) All new single-family dwellings, commercial structures and community facilities having a gross floor area in excess of
10
Zoning Code Amendments
November J, 2006
five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which is expanded by liftypercent or
more in gross floor area which, after such expansion, will exceed five thousand square feet in gmss 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 Paragraph
(5) above, which is expanded by fifty percent or more in gHlSS floor area.
(c) Discretionary requirement for certain existing 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: (i) has a gffiSS floor area in excess of five thousand square feet, or (ii) regardless of size, is
located within a 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 oftentative map approval
under litis Chapter. The determination by the fire chief shall be based upon anyone or more of the following
considerations:
(1) An occupant load increase of fifty percent or more.
(2) New cormnercial cooking operations.
(3) Hazardous materials storage for which a pennit 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 f:ffiSS floor area and fifty percent expansion.
(I) As used in this Section, the term "connnercial structure" includes, but is not limited to, office buildings, retail stores,
restaurants, repair shops, and industrial buildings, and the term "connnunity facility" includes, but is not limited to,
schools, theatres, churches, meeting halls and conference centers.
(2) The determination of gHlSS floor area is as described in Chapter 15, as dermes iR Suhs.otieR 11 10.100(8) efthis
Chapter, shall include any easement or pertien thereof 8e6tlpied as habitable 5paGe.
(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
pennits, 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 gffiSS floor area of the structure by fIfty percent
or more of that amount which existed immediately prior to the connnencement of the fIrst of the several expansions.
Chapter 15 ZONING ro;GULATIONS
Article 15-05 GENERAL PROVISIONS
Article 15-06 DEFINITIONS
Article 15-10 ESTABLISHMENT OF ZONING DISTRICTS
Article IS-II A: AGRICULTURAL DISTRICT
Article 15-12 R-l: SINGLE-FAMILY RESIDENTIAL DISTRICTS'
Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT
Article 15-14 REPEALED
Article 15-15 AP/OS: AGRICULTURAL PRESERVE OPEN SPACE OVERLAY DISTRICT
Article 15-16 P-C: PLANNED COMMUNITY DISTRICT
Article 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS
Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT
Article 15-19 C: COMMERCIAL DISTRICTS
Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT
Article 15-29 FENCES, WALLS AND HEDGES
Article 15-30 SIGNS
11
Zoning Code Amendments
November 1, 2006
Article 15-35 OFF-STREET PARKING AND LOADING FACILITIES
Article 15-40 HOME OCCUPATIONS
Article 15-45 DESIGN REVIEW: SINGLE-FAMILY DWELLING
Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES
.'.rtiele t5 17 'V}.TER EFFICIENT LANDSCAPES
Article 15-48 LIMITATIONS ON WOOD-BURNING FIREPLACES
Article 15-50 TREE REGULATIONS
Article 15-52 SMALL WIND ENERGY SYSTEMS
Article 15-55 CONDITIONAL USE PERMITS
Article 15-56 SECOND DWELLING UNITS }.S CONDITION}.L USES
Article 15-58 MIXED-USE DEVELOPMENT STANDARDS
Article 15-60 TEMPORARY USES
Article 15-65 NONCONFORMING USES AND STRUCTURES
Article 15-70 V ARlANCES
Article 15-75 Repealed.
Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
Article 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS
Article 15-90 APPEALS
Article 15-95 VIOLATIONS AND ENFORCEMENT
~ 15-05.010 Adoption of zoning regnlations and zoning map.
(a) This Chapter establishes comprehensive zoning regulations for the City, which regulations shall consist of the
following:
(I) Regulations, known as zoning regulations, governing the use ofland and the placement of buildings and
improvements within the various classes of districts; and
(2) A HHlJ',-<>f set ofmaps,lmewn referred to collectivelLas ~the zoning map,: and individuallv bv map title.
establishing and delineating various classes of districts within the City. The maos. tIled in Aopcndix A to this
Chanter. llrc incorporated here.in bv reference and constitute a part of this Chaoter.
(3) A set of reference docwl1cnts. Such documents. filed in Aopendix B to this Chanter. are incorporated herein bv
reference and constitute a Dart of this Chapter.
(b) The zoning regulations and zoning map shall govern the use ofland, including the construction, alteration,
movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial
and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of
structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships
between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects ofland
use and development as are appropriate to attain the purposes of this Chapter.
(c) This Chapter may be cited as the Zoning Ordinance of the City.
Article 15-06 DEFINITIONS
15-06.005 Application of definitions.
15-06.010 Abandon.
15-06.011 Abatement.
15-06.020 Abutting.
15-06.021 Access.
15-06.022 Accessory structure.
12
Zoning Code Amendments
15-06.023 Accessory use..
15-06.024 Acre.
15-06.030 Addition.
15-06.040 Alley.
15-06.050 Alteration.
15-06.051 Apartment unit.
15-06.052 Applicant.
15-06.053 Application for development.
15-06.060 Approving authority.
15-06.061 Appurtenances.
15-06.062 Architectural feature,
15-06.063 Architectural style.
15-06.070 Attached.
15-06.080 Attic.
15-06.090 Basement.
15-06.100 Bed and breakfast establishment.
15-06.105 Below market rate dwelling unit.
15-06.110 Block.
15-06.120 Building.
15-06.122 Building, main.
15-06.125 Building site.
15-06.130 Cabana.
15-06.140 Carport.
15-06.150 Clinic.
15-06.160 Conununity facility.
15-06.165 Conununity view sheds.
15-06.170 Corral.
15-06.180 Covered parking.
15-06.185 Creek bank.
15-06.190 Day care facility.
15-06.200 Detached.
15-06.204 Development.
15-06.210 District.
15-06.220 Drive-through service.
15-06.230 Driveway.
15-06.240 Dwelling.
15-06.250 Emergency access.
IS 06.255 E~ues!riaH :_
15-06.260 Family.
15-06.261 Fence.
15-06.270 Financial institution.
15-06.280 Floor area.
15-06.290 Frontage.
15-06.295 Game arcad.e.
15-06.300 Garage.
15-06.310 Gasoline service station.
15-06.320 General Plan.
15-06.325 Geotechnical clearance.
15-06.330 Guest house.
15-06.340 Height of buildings.
15-06.341 Height offences, walls and hedges.
15-06.350 Home occupation.
15-06.360 Hotel.
15-06.370 Impervious surface.
15-06.380 Institutional facility.
November J, 2006
13
Zoning Code Amendments
15-06.385 Intermittent stream.
15-06.390 Keeping; keeping for private use.
15-06.400 Kitchen.
15.06.405 Lightwell.
15-06.410 Loading facility.
15-06.420 Lot.
15-06.430 Lot line.
15-06.440 Repealed.
15-06.445 Mixed use development.
15-06.450 Motel.
15-06.460 Nonconforming.
15-06.4 70 Nursing home.
15-06.480 Office.
15-06.485 Open space.
t 5-06.487 Parking District.
15-06.490 Parking facility.
15-06.495 Perennial stream.
15-06.500 Repealed.
15-06.510 Repealed.
15-06.516 Quasi-public use.
15-06.520 Property line.
15-06.525 Protected creek.
15-06.530 Recreational court.
15-06.540 Religious institution.
15-06.550 Restaurant.
15-06.557 Restriction.
15-06.560 Retail establishment.
15-06.570 Right-of-way.
15-06.575 Repealed.
15-06.580 Repealed.
15-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES).
15-06.585 Personal service business.
15-06.587 Setback.
15-06.588 Setback Areas.
15-06.590 Setback line.
15-06.600 Shopping center.
15-06.605 Sight triangle.
15-06.610 Sign.
15-06.620 Site.
15-06.630 Slope.
15-06.640 Stable.
15-06.650 Storage.
15-06.655 Story.
15-06.660 Street.
15-06.670 Structure.
15-06.680 Subdivision Ordinance.
15-06.690 Swimming pool.
t5-06.700 Use.
15-06. 702 Variance.
15-06.704 Vested right.
15-06.710 Village.
15-06.715 Watercourse.
15 06.720 Yard.
t5-06.740 Zoning map.
14
November J, 2006
Zoning Code Amendments
November 1, 2006
~ 15-06.022 AccessOlry structure.
"Accessory structure" means a structure ~,:lJii:':11L?: LU~detached from the main llD.Y gther structure on tRe let i-LL~'lUlmJ
the dislJl1Ce ht'l\vCen any Dan of the two stnl('lur('s is rl1irtv-s!:x incht~s or more: and@incidental and subordinate too.
~.LfSt.f_~1~19lJl'!Lj]V <lsso.;~i.alt;g~ilh. the main structure or 12Li.!!~Lnnluse.mLthe lQL, but net inducting ;"'olwilDcS.1dndtng
the foreWl.1&-second dwelling units~arc~QQL?__l,-:~~c;~_~~!:L'iII.u~tures.
(Ord. 223 S 2 (part), 2003)
~ 15-06.030 Addition.
"Addition!! means any construction which increases the size of a structure in terms of site coverage, height, or gFeSS
floor area.
(Amended by Ord. 223 S 2 (part), 2003)
~ 15-06.070 Attached.
"Attached" means anything which is: (i) physically connected to a main building or structure~ se
as to beeomc J:iilan integral part of a main structurc thcrcot and (iii) includcd in thc floor area
detcl111ination fDr a main structure. as described in Article 15-06. The term may includes
components of a sllructure joined together by a common wall, floor or ceiling.
(Amended by Ord. 223 ~ 2 (part), 2003)
~ 15-06.090 Basement.
"Basement" means a space in a structure that is partly or "'holly below grade and where the vertical distance from
grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure la) If the
fmished floor directly above the space is more than forty-two inches above grade at any point along the perimeter,
such space shall be considered a story, and the entire space shall be included in the calculation of gFeSS-floor area.
This requirement applies to all lots, with the exception of hillside lots.
~ 15-06.240 Dwelling,
"Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the
occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast
establishments, tents and temporary structures.
(a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation
facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one
family on a permanent basis and having not more than one kitchen.
(b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site.
(c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy
by more than one family living independently of each other, and doing their owu cooking in the building. However, a
single-family dwelling and a lawful second uffij dwelling unit located upon the same site shall not be deemed a multi-
family dwelling.
(d) Second mHt dwelling 1]Ilit.means an attached or detached residential dwelling unit. built or legalized pursuant to
this Ch:mter, which provides complete independent living facilities for one or more persons, including permanent
15
Zoning Code Amendments
November I, 2006
provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-I, or HR district where a legally
created single-family dwelling is situated. Second dwelling nnits are not to be sold separately from the primary
dwelling, but may be rented.
(Amended by Ord. 223 S 2 (part), 2003)
~ 15 06.255 ElInestrian zane.
"Eql:lest:rian zOBel! means SF! area ortne Cit) ,<'.'here €Eluin0s may 130 maintaiHea for private use and commereial or
eommanity stables FFlil)' Be maintaiFled only if} such z0Fling dist:riets ana em)' ',,,:ith such l'flinimum site areas and
minimum aistaFlees sf stal3les and corrals from 13rs}3erty lines ami. ether strHeffires as perm.itted under the applieable
zoning regulations set farth in Chapter 15 of this Cose.
(Ora. 223 ! 2 (~art), 2()G3)
S 15-06.280 Floor area.
Floor area means the total enclosed. habitable aIKttor accessible floor space unser roof of all floors of a building
where the interior height orthe area is equal to or greater than five feeL, ffieasl:lIed 18 the outside Barraces of e,~teriElr
'.yalls, ineluding halls, stair;\'ays, elevator shafts, ducts, service aad mee:HaRical BEl1iipmeat rooms, interim ee1:Hts,
uaderfloor areas '.vita aa iHterior height sf five feet sr greater, porches, \ eraaaas ana similar builaiag elememts with a
solia roof aHd eae1esea ell three ElT mere sides, garages aHa encloseEl aeeessery stRieffires. 18 the ease of a slspea
ceiliRg sr p8und sl:Jofface, the flOaT area shall be measured te tdle paiRt at ',,,bieh th.e interier height is less fuan five
feet. The tefffi "interior eeurts" as usee in this seetien meaRS an area \yithin the struet:1He enGloses Ba all sides. The
term "enclosed," as used in this Section. means a structure or are.awith a roof and with three or more ,valls, or an
filuivalem nercenta2e of enclosure. The tenn "root:" as used in this Section, means a covering of anv solid material
over at least sevcntv-tlvcocrcent of the area.
Floor area is measured to the outside sm-faces of exterior ,-valls. Tn the case of a sloped ceihng or ground surface. the
floor area shall be measured to tl1C Doint at which the interior heiQ:ht is less than five feet.
floer area sees not inchule basemeRts, e,(terier raef sverhaags, exterier uneRe1esea balearues, iRaeeessiBle attic
areas, 1:lneHe1ases aee8sssry struetlHes and uneRelased areas lHldemeath. e'~teriElr deel~s ar baIcanies, Tlle term
"endesed" as listed iR this se6tion means a structure v:ith three ar more ~.Halls, er an eql:li.:alent pen;entage af
endsslli'e fElr an area ',villi mere thaR f-our \yalls, and a selid roof.
Pursuant to the foreeoine:, Hoor area mav include halls, stairwavs. elevator shafts. ducts. service and mechanical
equioment rooms. undertloor areas, norches. verandas and similar bullding elements, garal!es. attics. basements.
crawl spaces and accessory structures. Floor area does not include interior courts. which arc areas surrounded on all
sides bv habitable space but which do not have a roof. as defined herein.
(Ord. 71-177 S 2,1998; Ord. 223 S 2 (part), 2003).
S 15-06.370 Impervious surface.
"Impervious surface" means any structure or ftaffi constructed surface that disnn:Hs the natural aesthetic Oftl1C
landscaoe. .Nhicll sl:lflstaHtially iffiJ9airs the Ilatural permeability of the soil, including, but not limited to, solid surface
decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and
surfaces comprises comoosed of gravel, decomposed ~ranit~c1ay, and bricks with sand or concrete.
(Amended by Ord. 223 S 2 (part), 2003).
I S 15:.06.405 Lightwell.
16
Zoning Code Amendments
November 1, 2006
"Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured
horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is
open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates iB
compliance '."ita the VnifeFFfl IJuilEliag Ceee.
(Ord. 209 S 2 (part), 2002; Ord. 223 S 2 (part), 2003)
S 15-06.460 Nonconforming.
"Nonconforming" means not in confonnity with any of the regulations set forth in this Chapter.
(a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in
compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning,
reclassification, or the adoption of or change in use regulations, no longer confonns with the use regulations of the
district in which it is located.
(b) Nonconfonning structure means a structure which was lawfully constructed in compliance with all zoning
regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption
of or change in zoning regulations, no longer conforms with the standards of size, coverage, setback areas vaFd
5J*'€"5, height, distance between structures, or other regulation of this Chapter for the district in which the structure is
located.
(c) Nonconfomring facility means a structure or site, which conforms with the regulations of this Chapter but is used
or occupied by one or more nonconforming uses.
(d) N onconforrning lot means a single and separate parcel ofland, which was legally created, and a legal building
site at the date of adoption of an ordinance rendering it nonconforming.
(e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision
regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption
of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other
regulation of this Chapter for the district in which the site is located.
(Amended by Ord. 223 S 2 (part), 2003)
S 15-06.560 Retail eSllablishment.
"Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for
consumer or household use. Any use including a personal service business is a personal service business and not a
retail establislunent.
(a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than
seventy-five percent o:fthe gmss floor area used for display, sales and related storage of bulky commodities,
including household furniture and appliances, lumber and building materials, catpeting and floor coverings, air
conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand
generation per square foot of gross floor area.
(b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defmed as
an extensive retail establishment.
(Amended by Ord. 223 S 2 (part), 2003; Ord. 236 S 2B, 2005)
& 15-06.588 Setback Area.
(;)) "Front setback area" means that 1)o[1.ion of a site bounded bv th~ side lot lines. the front lot line. and the front
setback line. located the required minimum distance [roll1 the front lot line.
(9) "Side setback area" means that portion ora site bounded bv the front setback area. the rear setback area, the side
JOl1ine, and the side setback line. located the requiredminimul11 distance from the side lot line.
UL.'J2xterior side setback area" lllcans that nortioll of a site bounded bv the front setback area. the rear setback area.
17
Zoning Code Amendments
November 1, 2006
the exterior side lot line. and the exteri.Of side setback lins~Jocated the required 111inimum dlstance from the exterior
.~id(' lot lint' of a comer lot. Exterior side setback arcas exist on}\, on comer lots.
(2) "Interior side setback area" means that portion o1'a site bounded bv the front setback area. the rear setback area,
the interior side lot line. <Iud the interior side scHlack hne,..l9cated the required minimum distance from the interio[
side lot line.
fc) "Rear setback area" means 1]1[11 portion Of3 site bounded bv the side lot lines, the rear InUtne or the realmost
llixtion O1'U1L' lot if there is no rear ]ot 11n<.:'. and the fear setback line, located the required minimum required djstal1c~
from the rear lot line or the [carmost Dortion of the 101 if there is no rear lot line.
~ 15-06.630 Slope.
"Slope" means the average slope of the net site area detennined by the foHowing formula, and rounded to the nearest
whole percent:
~\ \'erage slepe is
\',There:
.GG229 II" L - f.
ayerage slape
I - Contour inler"al in feet (at intorval, of not more tban f1':e fuet)
L - Cambines. leHgth of caRtaill' tiRes in scale f-eet
.^~ Net site area en-pressed in Beres
s~ 0.002296 x I x L
A
\\!here: S=average natural sloDe in percent
I=natural contour interval in feet (at intervals of not more than five feet)
L=Iength of natural contours in feet
A=acres ofpl"opcrtv (parcel of record existing on November] 3, 1979)
0.002296=(:onst3ot \vhich cooverts SCllmrc feet 1nto acr~s and expresses slone in percent.
(Amended by Ord. 71-182 ~ I, 1998; Ord. 223 ~ 2 (part), 2003)
~ 15-06.670 Structure.
"Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"Structure!! includes retaining waHs, decks, patios, swimming pools, and recreational courts but does not include a
fence not exceeding six feet in height.
(a) Main structure means a structure housing the principal use ofa site or functioning as the principal use.
(b) Accessory structure is as defined 1nJhis (]}J!RICL. m.eaIlS a detaehed structare, the use ef'.~:hieh is subordinate and
ineiaental te, and clistemarily associateS. '.\ith, the main stil:Ieture er fhe prineipallise €lfthe site, aRd '.yhieh is located
OIl the same site as the main stn:Ietllie or priR6ipal use. The term. includes, 11"l:1t is not limited to, detaehed gai'ages or
eaFflarts, eabaIlas, gazeeas, arbsFs, aRa sheds.
(Amended by Ord. 223 9 2 (part), 2003)
~ 15-06.702 Variance.
"Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect to site
area, site frontage, !iil~_width and depth, and ,~itc coverage, setbacks for Iran! yard.s, side yards aIle rear yards fm.n.t_
sick' Jnd rear setback are3S, allowable floor area, height of structures, distance between structures, signs, off-street
18
Zoning Code Amendments
November 1, 2006
parking and loading facilities, fences, walls and hedges, and alteration or expansion of non-conforming structures, in
accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make
specific findings offact (or the City Council on appeal) to grant this pemrission; see Section 15-70 of this Code.
(Ord. 223 9 2 (part), 2003)
~ IS Oli.720 Yard.
"Yard" means Bfl area within a lot, aEijeiRing and measured [rem a let, SHeet Sf plafllifle fer a specified distance,
open and unobstrn.eted encept for the l:lses and struetures etlleI\\ise pennit:teEl tHe repilations oftrns Chapter:
(8) Yard measureFfH.mt. RGquired yards sHall be measured as tHe minimum horizontal distance from the let liRe to a
line parallel the rete on the site, e1(e6131' in the follo';\'iflg eases:
(1) 'PHere a street line is located T;vithin the site, the reEl11iFed yard shall be measured from 1311GB. street instead of the
Iet-lffie.,
(2) On a site, '\Rit:fl is-Ile-t reetangular or apflnnlimately rectangular in sRBfle, required yards shall be measured in
SUCR manner as detennined by the CeR1l11llI1ity Deyeleflment Director Elf as preseribea by the Plannffig Cemmission.
(b) front yard means ll-j'flrd mea'lIfed into a lot from the front lot line (or such other line as may be applioable under
subseetion (a) of this Seotion), e"tendiRg tbe full v/idth oftbe lot betn/een the ,ide lot lines intersecting the front lot
liBe.
(c) Rear yard mean' a yard measllfed into a let from the reur lot line (or suob olRer line as may be applicable under
sHb,ection (a) efthis ~,ection), e"tending the full width oflbe lot beF.yeen the ,ide lot lines intersecting the rear let
line, Fe'/ided that for lot, ha'ling ne defmed rear lot line, the mar yard sball be measllfed into tbe lot from the
mannost peint oftbe lot deptb to a line parallel to tbe front lot line.
(d) Side yard mean, a yard measured inte a lot from a side lot line (or sHeR other line as may be applioable under
susseetiaIl (8) e[this Eeetien), eJ:tending set;, eeIl the [FeRt yard and the rear yani. )\n eJtterior siae yard is a siee
yare measureEl from an exterior lot liRe Elr a street ar plan line; an interier side yard is a siEle yard measblfea from an
iHterior let line.
(,A.mended by Ord. 223-4-2 (part), 2003)15 9li.720
~ 1S-06.740 Zoning map.
"Zoning map" means the fnap-ef set of maps filed in Appendix A to this Chanter that are part of the zoning ordinance
and delineate the boundaries of zone districts.
(Ord. 223 9 2 (part), 2003)
~ 1 S-J 0,010 Designatiion of districts.
The districts established by this Chapter ~ are deoicted on the Zoning I\1ap and aTC described as follows:
(a) A: Agricultural disnict.
(b) R-I: Single-family residential districts, consisting of:
R-I-40,OOO district
R-I-20,OOO district
R-I-15,OOO district
R-I-12,500 district
R-I-10,000 district
19
Zoning Code Amendments
November 1, 2006
( c) HR: Hillside residential district.
(d) R-OS: Residential open space district.
(e) AP/OS: Agricultural preserve/open space overlay district.
(1) P-C: Planned conununity district.
(g) R-M: Multi-family residential districts, consisting of:
R-M-5,OOO
R-M-4,OOO
R-M-3,OOO
(h) P-A: Professional and administrative office district.
(i) C: Conunercial districts, consisting of:
C-N Neighborhood conunercial
C- V Visitor commercial
CH-I and CH-2 Conunercial historic districts
U) MU-PD: Multiple use planned development district.
(k) E: Equestrian ;ceHe. The C{lucstrian district ~ is an are;] of the City within wbich equines !TIa\' be maintained
f()f private use and commercial or cOnll1mnit\' stables may be maintained. The overlay district is depicted on the
Equestrian District man filed in Aooendix A to this Chapter.
(1) R-I-IO,OOO single story overlay district for the Saratoga Woods neighborhood. Any single story addition or
replacement construction shall be limited in height to the height ofthe contiguous single story dwellings. The
existing two story dwellings v.rithin the Saratoga Woods neighborhood are exempt from the provisions of this single
story limitation. The Bounelaries o[tne Saratoga \1/008.S neigh13erboeEl ami the eJtemptealots are s:Ro'.\'B en the
foll8wrng mal'.
(m) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts.
(n) CN drive-through overlay district for the CN zoue bounded by Lawrence Expressway and Prospect Avenue.
Notwithstanding Section 15-19.020(c), uses with drive-through services may be permitted subject to a use permit
requirement in the overlay area~ sllo'l.n OB tlle following map eJ~hieit. A traffic and circulation study shall be
prepared for all such applications. Each application shall be evaluated on its own individual merits. Hours of peak
operations shall be compared to hours of peak traffic in the general area.
(Amended by Ord. 71.98 S 1,1991; Ord. 71.113 S I, t992: Ord. 207 S 2,2002: Ord. 213 S 3(B), 2002; Ord. 227 S
2, 2004)
S 15-10.020 Zoning map and district boundaries.
(a) The zoning map referred to in Section 15-05.010, and all amendments and changes thereto, and all legends,
symbols, notations, references and other matters shown thereon, is incorporated herein by reference and constitutes a
part of this Chapter.
(b) The boundaries of the districts established by this Chapter shall be as shown on the zoning map. All territory
within the City is hereby classified into the districts as shown on said map, subject to the specific regulations
established by this Chapter for each such district, and all other regulations of this Chapter applicable thereto.
(c) The zoning map, as currently effective, shall be tiled in Aopendix A to this Chaoter. and a record ofall
amendments and changes thefete to the zoning mau, shall be kept on file and maintained as a public record in the
office of the Planning Director ConUllwlitv Development Director.
20
Zoning Code Amendments
November 1, 2006
~ 1510.030 Equestrian mal'.
(a) THe zoning regulal;''''' sHall indude an equestrian map, WHiCH mal eitHer be a separate mop or may be
superimf'8Sed upon th~lIling map, desigRating (:L:lrtain areas erilIe Cit) as an equestriaR zelle. Sueh map is
incorporated hereiFl 13:' refereFlee and eonstitutes a part of this Chapter, aREi all references hereiR t8 "zoning map"
SHall appl)' t8 and induJe tHe equestrian map.
(b) THe equestrian ma"",s mITently effecti'.'e, and a record of all amendments and CHanges tHereto, SHall be kept on
file aRa maintained as a pHbbe [eeard in the offiee sf the Plan.1:ing DireeteT.
Article 15-11 A: AGRICULTURAL DISTRICT
15-11.010 Purposes of Article.
15-11.020 Permitted uses.
15-11.030 Conditiona:! uses.
15-11.040 General restriction on use.
15- t 1.050 Site Area &ubdivi,ion of sites.
15-11.060 Site density.
15-11.070 Site frontage, width and depth.
15-11.080 Site coverage.
15-11.090 Front. side. and rear setback areas yard, siae yard and rear yanl
15-11.100 Height of structures.
15-11.11 0 Accessory uses and structures.
15-11.l20 Screening and fencing.
15-11.l30 Signs.
15-11.140 Off-street parking and loading facilities.
15-11.150 Design revi,ew.
15-11.l60 Grading on hillside lots.
@ 15-11.030 Conditional uses.
The following conditional uses may be allowed in the agricultural district, upon the granting of a use permit pursuant
to Article 15-55 or Article 15-56 of this Chapter:
(a) Accessory structure:s 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.
(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) Commercial stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this
Code.
21
Zoning Code Amendments
November J, 2006
Ul One secen" unit, as aHtneri,"" by a use permit granlea PHroHunt t8 ,^.rtiole 15 56 "ftms CllUpler.
(kj) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless
communications.
(Amended by Ord. 71-163 S 1 (part), 1996)
S 15-11.060 Site density.
Each lot shall have not less than two and one-half acres of net site area for each dwelling un;t on the lot, excluding a
i!.!l):::.second dwt"lliIlli-unit authorized 13y a liS!? permit granted pursliant to .^~rti61e 15 56 eftlus Chapter.
~ 15-11.090 Front. side. anti rear Sf:H1Jck areas ~[g, side :::~IlLs and rear )affi.
(a) The minimum front setback area 'f<H'EI shall be thirty feet from the front lot liue or twenty percent of the lot depth,
whichever is greater.
(b) The minimum side sc:tback areJ -va-ro.shall be twenty feet from the applicable side lot line or ten percent of the lot
width, whichever is greater.
(c) The minimum rear setback area -'iaff:l shall be fifty feet th)m 111(' rear lot line in the case of a single story structure,
and sixty feet ibl!IulLe_Lt;.grh-1.1 j ine.in the case of a multi-story structure, or twenty-five percent of the lot depth,
whichever is greater.
(Amended by Ord. 71.99 S 5, 1991)
Article 15-12 R-I: SINGLE-FAMILY RESIDENTIAL DISTRICTS
15-12.010 Purposes of Article.
15-12.020 Permitted uses.
15-12.030 Conditional uses.
15-12.040 One dwelling unit per site.
15-12.050 Site area.
15-12.060 Density of hillside subdivisions.
15-12.061 Location of building sites.
15-12.070 Site frontage, width and depth.
15-12.080 Site coverage.
15-12.090 Front, SlQ.~!ld rcur setback areas yare, side yard aBd rear yard.
15-12.100 Height of structures.
15-12.110 Accessory uses and structures.
15-12.120 Fences, walls and hedges.
15-12.130 Signs.
15-12.140 Off-street parking and loading facilities.
15-t2.150 Design review.
15-12.160 Storage of personal property and materials.
S 15-12.030 Conditional uses.
The following conditional uses may be allowed in the R-l districts, upon the granting of a use permit pursuant to
Article 15-55 or Article 15-56 of this Chapter:
22
Zoning Code Amendments
November 1, 2006
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fue 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 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-l district that is combined with a P-C district or is part ofa planned residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code.
U) Model homes utilized in connection with the sale of new single- family dwellings in a subdivision, located upon a
lot \Vithin 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 Connnission, not to
exceed an initial term of one year and not exceeding a term of one year for each extension thereof.
(k) Cemeteries.
(I) One se<8nd Iffiit, ae-amhorized by a use permit granted pUfeuuat to i\rtide 15 56 ofthie Chapter.
(m!) AnteI1Ila facilities operated by a public utility for transmitting and receiving cellular telephone and other
wireless communications.
(Amended by Ord. 221 9 2 (part), 2003)
915-12.040 One dwelling unit per site.
Not more than one dwelling unit shall be located on each site, except for a second dwelling unit pmsuant te .\rtiele
155" 8ftme Chapter.
(Amended by Ord. 22192 (part), 2003)
~ 15-12.090 Front" side, and rear setback areas yard, side yard s aHd rear )'ard,
(a) For all v J1onc~~mforminu site. as defined in this Chapter. the rCQl[irements provided in Section 15-65.160 annI\' to
the site. For an\' conforming site. 'f!he minimum setback area yam requirements ["Or all lets in the R-l district, are as
follows:
(I) Front setback area ~,...re. The minimum front setback area yaffi of any lot in each R-I district shall be the distance
trom the front lot line indicated in the following table:
District
Front Scthack Area yaffi
R-I-IO,OOO
25 ft.
23
Zoning Code Amendments
November J, 2006
R-1-12,SOO
R-l-lS,OOO
R-1-20,OOO
R-1-40,000
25 ft.
25 ft.
30 ft.
30 ft.
(2) Side ~etback area yaffi of interior lots. The minimum side setback area vaffi of any interior lot in each R-l district
shall be the distance from the applicable side lot line indicated in the follo'Ning table for each side setback area yam:
First Floor Iudi'. idual
Second Floor Iudi-:idual
District
Side Setback Arca yaffi
Side Setback Area yaffi
R-t-10,000
R-l-12,SOO
R-l-IS,OOO
R-1-20,000
R-1-40,000
lOft.
10 ft.
12 ft.
IS ft.
20 ft.
IS ft.
IS ft.
17 ft.
20 ft.
25 ft.
(3) Side setback area yaffi of comer lots. The minimum side "j)lackJire'Lyaffi of any comer lot in each R-I district
shall be the distance from the applicable siele lot line indicated in the following table:
First Floor Second Floor First Floor Second Floor
Interior Interior Exterior Exterior
Side Side Side Side
Setback Area Setback Area Setback Area Setback An:.
District yaffi yaffi yaffi yaffi
R-l-iO,OOO to ft. IS ft. 25 ft, 30 ft.
R-I-12,SOO 10 ft. IS ft. 25 ft. 30 ft.
R-l-1S,OOO 12 ft. 17 ft. 25 ft. 30 ft.
R-I-20,000 15 ft. 20ft. 25 ft. 30 ft.
R-I-40,000 20 ft. 25 ft. 25 ft. 30 ft.
(4) Rear setback area yarn. ofeamer lots. The minimum rear setback area vaffi of any corner lot in each R-l district
shall be the distance from the rear 10t line indicated in the following table:
District
First floor Rear Setback
Are. yard
Second floor Rear
Setback Area vaffi
R-l-10,OOO
R-1-12,SOO
R-l-1S,OOO
R-I-20,OOO
R-I-40,OOO
10 ft.
10 ft.
12 ft.
15 ft.
20 ft.
10 ft.
to ft.
12 ft.
15 ft.
20 ft.
(5) Rear ~gtback <lIf_~Lyaffi of interior lots. The minimum rear ~gJb.9:ck ar~jLyaffi of any interior lot in each R-l district
24
Zoning Code Amendments
November J, 2006
shal1 be the dIstance hom the rear lot line indicated in the fol1owing table:
District
First Iloor Rear Sethacl<
~
Second floor Rear
Setback Area yaffi
R-I-IO,OOO
R-I-12,500
R-I-] 5,000
R-I-20,000
R-I-40,000
25 ft.
25 ft.
30 ft.
35 ft.
50 ft.
35 ft.
35 ft.
40 ft.
45 ft.
60 ft.
(ll) for the purp.se of this ,'\rtiele, '''-'acant lot" FHeans a parcel '"ith no e)listing single famil) d\\el1ing.
J.Ql.t<8 Thi:..&;1etermination of setback areas yaffi for flag lots IS as provided in Section 15-1J6.431J(aI.On a flag lot
...;jih an average '.\'idth that e)'ceeeas its average depth, the longer dimension may 8e e8nsiderea tHe depth for tRe
purpose of measuring tfle.-front, side aREI rear yards, l:mless to 68 so '.'.'auld adversely affeGt the lot's BannaI yard
erientatisR in relation to adjaeem lots.
(Amended by Ord. 221 & 2 (part), 2003)
& 15-12.160 Storage of personal property and materia.s.
(a) Unenclosed storage of personal property is not permitted in this district, except as provided in subsection (b) below.
(b) Unenclosed storage of personal property is permitted in this district in any area other than any portion of any required
front setback area y;mi, any required exterior side or rear setback area yaffi of comer lots, rear setback area yaffis of
double frontage lots and any Wlimproved parcel or any unimproved right-of-way of any public street, in which areas such
storage is prohibited. In those prohibited areas, one or more ofthe items listed in subsections (I) through (5) below may
be stored so long as such storage is not for any period of time in excess of five consecutive days and not in excess of a
total of 18 days in any calendar year. For example, ifmultiple items listed in subsections (I) through (5) below are stored
concurrently in the prohibited areas for five consecutive days, such storage shall constitute a total of five days ofthe 18
days allowed per calendar year. On the other hand, if, for example, a boat is stored for four consecutive days and
subsequently a recreational vehicle is stored for three consecutive days, such storage shall constitute a total of seven days
of the 18 days allowed per calendar year. There shal1 be at least IS calendar days separation between any such uses in
consecutive calendar years. No item prohibited by this section from additional time of storage may be stored on such site
or setback area vaffi Ullless in compliance with subsection (c) of this Section or pursuant to a temporary storage permit
issued pursuant to subsection (d) of this Section.
(1) Motor vehicles, except this section does not limit storage of automobiles in fully operational condition and currently
registered and licensed for operation on public highways and capable ofnonnal daily use by the occupants of the site.
(2) Recreational vehiclles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle
for which they are des1igned or customarily used shall be considered trailers for the purpose of this Section.
(3) Boats.
(4) Parts of any of the items of property described in (I), (2) or (3) of this subsection.
(5) Building or construction materials, except this section does not limit storage of those materials reasonably required
for work under constmction on the premises pursuant to a valid and effective building permit issued in accord with
Chapter 16 of this Code, or for work as to which no building permit is required and which involves storage for no more
than 30 days. In the event the building permit is for new construction or remodeling affecting more than fifty percent of
either the Iloor area or the exterior walls, Section 16-75.050 shall apply.
(c) The items ofpropelty described in subsection (b) of this Section may be stored in exterior side and rear setback area
yaro.s of corner lots and rear setback area yaffi-s of double frontage lots for periods in excess offive consecutive days or a
total of 18 days in any calendar year where a fence has been legally constructed and/or a compact evergreen hedge or
other evergreen screening has been legally installed of at least six feet in height and of a type which screens the stored
property from public view and reasonably prevents such property from becoming a nuisance.
(d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant
temporary pennits for storage of the items of property described in subsection (b) of this Section in the front, side or rear
25
Zoning Code Amendments
November J, 2006
setback area yaffis of sites for limited periods of time in excess of five consecutive days or in excess of 18 days per
calendar year. Application for such storage pennits shall be in writing, on forms furnished by the City and shall include a
site plan showing the area of the requested storage. Any pennit issued pursuant thereto shall be in writing, shall describe
the personal property to be stored, and the location and time limit of the storage. The Community Development Director
may impose reasonable conditions in any such storage pennit, which shall be agreed to in writing on the face of the
permit by the applicant prior to the permit being issued. No such permit may cause the calendar year limit to be exceeded
by more than an additional 14 days unless at least ten days before a decision on the application is made notice has been
given to all owners of property within 300 feet of the parcel on which the storage is proposed. The Community
Development Director shall also have the authority, for good cause, to reduce the separation between uses in consecutive
calendar years, or allow continued temporary storage while an application or appeal is pending.
(e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely
enclosed within a structure or completely screened from public view by a permanent solid fence or wall which
structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code.
(Amended by Ord. 221 S 2 (part), 2003)
Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT
15-13.010 Purposes of Article.
15-13.020 Definitions.
15-13.030 Permitted uses.
15-13.040 Conditional uses.
15-13.050 Development criteria.
15-13.060 Subdivision of sites.
15-13.070 Site frontage, width and depth.
15-13.080 Site coverage.
t5-13.090 Front, side. and rear setback areas yaffi, "ide yards and rear yard.
15-13.100 Height of structures.
15-13.110 Accessory uses and structures.
15-13.120 Fences, walls and hedges.
15-13.130 Signs.
15-13.140 Off-street parking and loading facilities.
15-13.150 Design review.
15-t3.160 Storage of personal property and materials.
S 15-13.040 Conditional uses.
The following conditional uses may be allowed in the HR district, upon the granting of a use pennit pursuant to
Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (k), (I), (m), (n) and (0) 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 stmctures, 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
26
Zoning Code Amendments
November ],2006
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 pennitted 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) Oae secead Hait, ",;.authorized by a Hse l'ermit granteBI'UfSHant to /\rticle 15 56 efthis Chapter.
I G)) Cluster development in accordance with Section 15-13.060(c).
I (liD Community facili1:ies.
I (lk) Institutional facilities
I (m!) Police and fire stations and other public buildings, structures and facilities.
I (nill) Religious and charitable institutions.
I (en) Nursing homes and day care facilities.
I (1''') Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other
wireless communications.
(Ord. 71.113 S 2 (part), 1992; Ord. 71-163 S I (part), 1996)
S 15-13,050 Development criteria.
No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor
shall any bnilding or other pennit be issued therefor~, unless and until the applicant has complied with the following
development standards, which standards shall be in addition to, and not in lieu of, any and all other development
criteria and requirements set forth in Chapters 14 and 16 of this Code:
(a) Site development plan. A site development plan has been prepared and approved by the advisory agency in
accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as
set forth on such approved plan. The planting and landscaping portion of said plan shall, insofar as is reasonably
practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and
sediment control eleml::nt setting forth reasonable mitigation measures in accord with the excavating and grading and
subdivision ordinances of the City. Grading shaH be representative of adjacent topography and be an externion of
natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other
hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils
hazard shaH be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas
shall be in accord with the geologic and soils investigation report and recommendations.
(b) Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a
certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by
the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that
existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof
unnecessary. The geologic: and soils report shall fully and clearly present:
(I) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and
27
Zoning Code Amendments
November 1, 2006
geologic data.
(2) The significance of the data, interpretations and evaluations with respect to the actual development or
implementation of the intended land use through the identification of any significant geologic problems, critically
expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future
geologic problems both on and off the site.
(3) Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential
damage to the proposed project and adjacent properties or otherwise to insure safe development of the property.
(4) Recommendations for additional investigations that should be made to insure safe development of the property.
( c) Additional studies required. The City shall also require the following additional studies prior to approval of a site
development plan or prior to issuance of a building permit, unless the City Geologist detemrines that existing
information pertinent to the subdivision or the site approval provides the same data as would have been obtained
from any or all of such additional studies:
(1) Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing
and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and
subsurface), utility trench backfilling, design parameters for foundations and retaining wall" soil stability, tec!mical
plan review, and field inspection procedures.
(2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an
investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and
recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive
subsurface work.
(3) With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal fault, an
investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with
particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface
trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site
of a habitable structure.
(4) A slope stability analysis showing the building site and its inunediately surrounding area having a factor of safety
against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a
magnitude of 8.3 on the Richter scale.
(d) Inspection reports. The results of the geologic and soil investigations referred to in subsections (b) and (c) of this
Section shall be reviewed and approved by the City and shall become conditions of approval of a development
proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during
construction, and following completion of the project. The final report shall affIrm that the grading and foundation
excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as-
built condition of the project, and shall contain such other information as may be required by the City.
(e) Location of building sites.
(1) In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, Sun
and Sex. Sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless
geologic and soil engineering analysis provided by the applicant demonstrates long-term stability to the satisfaction
of the City. The City's geologic maps. filed in Anoendix A to this Chapter. and dcscrlpth)Jls of the soil
classifications, tiled in Aopendix B to this Chapter. arc lncoroorared herein bv reference and constitute a part o1'lhi5
Chapte!:,
(2) The average natural grade of the footprint underneath any dwelling unit, swinuning pool or other structure shall
not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope
28
Zoning Code Amendments
November 1, 2006
which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines,
except that: (i) a variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in
Section 15-70.060 can be made, and (ii) an exception under Article 14-35 of the Subdivision Ordinance may be
granted where the findings prescribed in Section 14-35.020 can be made.
(1) Grading. The combiued cut and fill of any grading shall not exceed one thousand cubic yards, including any
excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all
ofthe following findings:
(1) The additional gncding is necessary in order to allow reasonable development of the property or to achieve a
reasonable means of access to the building site; and
(2) The natural land "OTITIS and vegetation are being preserved and protected; and
(3) The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and
(4) The increased grading is necessary to integrate an architectural design into the natural topography; and
(5) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding
views or from distant community views.
(6) No building site shall be graded so as to create a flat visible pad surrounding the main residential structure.
(g) Grade of private s1reets and driveways. Unless otherwise pennitted by the Planning Commission, no private street
or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet.
(Ord. 71.113 S 2 (part), 1992)
S 15-13.060 SuMi\'isHm-of sites Site Area.
(a) Determination oflot size. Except as otherwise provided in subsections (b) and (c) oftms Section, the minimum
lot size \vithin the HR district shall be two acres. In addition. each lot ereated upon the sl:lbdiyisiBfl sf any property
';:ithin the HR EiistriGt shall contain a minimum net site area based upon the average slope of such lot, determined in
accordance with the following table:
* Average I
Slope I
I
o or less I
I
2 I
3 I
4 I
5 I
6 I
7 I
8 I
9 I
N
et Site I Average I Net Site
I
\rea I Slope ! Area
I I
'!.OO I 26 I 3.42
i
".03 I 27 I 3.52
i
I ,
!.07 28 I 3.62
UO I 29 I 3.73
U4 I 30 I 3.85
I
!.17 I 31 I 3.96
I
!.21 I 32 ! 4.09
!.25 I 33 ! 4.24
I
!.29 I 34 r 4.39
..34 I 35 c 4.55
I
2
29
Zoning Code Amendments
November 1, 2006
10 I 2.38 I 36 ! 4.72
r-~~--r-- 2.43 I 37 4.90
, I I
, , 1 I
: 12 2.48 38 5.10
~ I
: 13 2.53 39 5.32
14 I 2.58 40 5.56
I 15 I 2.63 4t 5.82
I
I 16 I 2.69 42 6.10
I
I 17 I 2.75 I 43 6.41
I 18 I 2.81 I 44 6.96
1 19 I 2.87 I 45 7.14
! 20 I 2.94 I 46 7.58
I 21 I 3.01 I 47 8.06
I
I 22 I 3.09 I 48 8.62
1 23 I 3.16 1 49 9.25
I 24 I 3.25 1 50 10.00
I 25 I 3.33 1
* Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.
(b) Increase in lot size. The City may require any or all of the lots within a subdivision to have a larger size than
required under subsection (a) of this Section if the City detennines that such increase is necessary or appropriate by
reason of site restrictions or geologic hazards.
(c) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than
the size required under subsection (a) of this Section, if all of the following requirements are satisfied:
(1) The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space
accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking
trails, as permitted in Section 15-13.030(h).
(2) The reduction in lot size is offset by an equal or greater area ofland which is dedicated to the public as
permanent open space.
(3) The cluster development reduces the gross development area which shall include but not be limited to grading,
streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent
possible, views of such area from public lands, streets and highways.
(4) No single lot has a net site area ofless than twenty thousand square feet.
(5) The total number oflots into which the property is being subdivided shall be determined in accordance with the
following formula:
N ~1-
0.5 - .008S
Where:
N =the net site area per dwelling unit.
S =the average slope in percent, as calculated
in accordance with Section 15-06.630
of this Chapter.
(6) The size of each unit shall be determined in relation to the lot on which it is located and the average slope of the
site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a
30
Zoning Code Amendments
November I, 2006
single unit exceed seven thousand two hundred square feet in area.
(7) The clustering of building sites will result in greater preservation of the natural terrain.
(8) The use permit approved by the Planning Commission includes specified standards which may deviate from those
contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in
allowable floor area; (iv) reduction in site coverage; (v) increase in site dimensions; and (vi) increase in setbacks.
(9) The clustered development shall be connected to a sanitary sewer system.
(d) ResubdivisioIl. Upon recordation of a final or parcel map covering any site within the HR district, applicants may
request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable
general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to
subsection (c) of this Section, no lot, including the open space lot( s) may be further subdivided unless the entire
clustered subdivision continues to meet applicable general plan and zoning density requirements.
(e) Exempted lots. Any lot shovm as a unit on a recorded subdivision or land division, or any lot otherwise legally
created, is exempt from the density requirements set forth in subsection (a) of this Section provided such lot was
created prior to April 25, 1978. Any lot so exempted will not lose its exempt status if either of the following events
takes place subsequent to April 25, 1978:
(1) A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the
original square footage of the lot; or
(2) The lot is enlarged by the addition ofland from any adjoining parcel.
(Ord. 71.113 9 2 (part), 1992)
915-13.090 Front, ,jde, and real' setback al'eas j'lffils.
(a) The minimum setback area yare requirements for all lots within the HR zoning district, with the exception of
vacant lots and lots created after May 15, 1992, are as follows:
(1) Front ,etback area yare. The minimum front setback area yare shall be thirty feet.
(2) Side setback area yam. The minimum side setback area yare shall be twenty feet.
(3) Rear setback area yam. The minimum rear setback area yare shall be fifty feet in the case of a single-story
structure and sixty feet in the case of a multi-story structure.
(b) For vacant lots and lots created after May 15, 1992, the minimum setback area yare requirements are as follows:
(1) Front setback area yare. The minimum front setback area yare shall be thirty feet or twenty percent of the lot
depth, whichever is greater.
(2) Side setback area ,<>rd. The minimum side setback area yare shall be twenty feet in the case of an interior side
setback area yaffi and rwenty-five feet in the case of an exterior side setback Jre<i yard, or ten percent of the lot
width, whichever is greater.
(3) Rear setback area j'flffi. The minimum rear setback arca yare shall be fifty feet in the case of a single-story
structure and sixty feet in the case ofa multi-story structure, or twenty-five percent of the lot depth, whichever is
greater.
(c) For the purpose of this Article, "vacant lot" means a parcel with no existing single-family dwelling.
(d) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer
dimension may be considered the depth for the purpose of measuring the front, side and rear setback area yams,
unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (Ord. 71.113 9 2
(part), 1992)
9 15-16.040 Conditional uses.
The following conditional uses may be allowed in a P-C district, upon the granting of a use permit pursuant to
Article 15-55 of this Article:
(a) All conditional uses, e;~eept a seeeR8 limit, as may be allowed in an R-I district, may be allowed in an R-l district
which is combined with a P-C district.
(b) All conditional uses as may be allowed in an R-M district, may be allowed in an R-M district which is combined
31
Zoning Code Amendments
November 1, 2006
with a P-C district.
~ 15-16.050 Standards.
(a) Standards of site area and dimensions, site coverage, density of dwelling units, setback "~ SJ*l6"S; types of
structures, distances between structures, fences, walls and hedges, signs and off-street parking facilities shall in the
aggregate be at least equivalent to the standards prescribed by the regulations for the district with which a planned
community district is combined.
(b) The Planning Conunission shall have authority to \!rant exceptions to medtfy-the regulations in this Chapter
pertaining to site frontage, width and depth, site coverage, front, side and rear setback areas yard, distances between
structures, fences, walls and hedges, and accessory structures at the time of tentative BHilElmg site or subdivision
approval, without compliance with the provisions of Article 15-70 of this Chapter relating to variances.
(c) Any P-C area shall contain a conunon green unless specifically waived by the Planning Commission.
~ 15-16.060 Reclassification procedure.
The procedure set forth in Article 15-85 ofthis Chapter shall apply to applications for a change of zone to a
combined planned conununity district, subject to the following exceptions and provisions:
(a) Each reclassification to a planned community district shall be a conditional reclassification in accord with Section
15-85.090, and each such conditional reclassification shall in all cases include the following minimum conditions:
(1) That the entire site shall be developed in accord with a final site development plan previously approved by the
Planning Commission and that building permits shall have been issued and construction commenced on all structures
sho\VIl on said site development plan or particular units thereof no later than one year from the date of adoption of
the reclassification ordinance.
(2) The owner shall be required to enter into a written contract with the City, secured by good and sufficient bond or
bonds, agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not
dedicated to public use, but intended for the conunon use of the residents of the development.
(b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or
subdivision approval in accordance with the provisions contained in the Subdivision Ordinance, together with the
proposed procedure to be followed to insure the care, maintenance and operation of all cornmon areas covered by the
agreement referred to in subsection (a)(2) of this Section.
(c) The drawing to be furnished with the application, as required under Section ]5-85.030, shall be a general site
development plan of the entire development drawn to scale and showing the contours of the site at intervals of not
more than five feet, and shall in addition include all of the following information:
(1) Proposed land uses, population densities, building intensities and parking areas, particularly showing those areas
and buildings, if any, intended for the conunon use or benefit of all residents of the development.
(2) Proposed circulation pattern, indicating both public and private streets.
(3) Proposed parks, playgrounds, school sites, and other open spaces.
(4) General delineation and location of each and every building and structure, the proposed use of each building and
structure and a schedule for the construction of each building and structure.
(5) Relation of the development to future land use in the surrounding area and to the General Plan.
(d) The Planning Commission may reconunend and the City Council may adopt a change of zone to a planned
community district as applied for or in modified form if, on the basis of the application and the evidence submitted,
the Commission and the Council make the fmding that the change is required to achieve the objectives of the Zoning
Ordinance set forth in Section 15-05.020, and make the following additional findings:
(1) That the proposed location of the planned conununity district is in accord with the objectives of the General Plan
and the purposes of the district in which the site is located.
(2) That the proposed planned conununity district will comply with each of the applicable provisions of this Chapter.
(3) That standards of site area and dimensions, site coverage, setback areas yaffi spaees, heights of structures,
distance between structures, fences, walls and hedges, signs, rights of way and off-street parking facilities for the
development will produce an environment of stable and desirable character consistent with the objectives of the
Zoning Ordinance and the General Plan.
32
Zoning Code Amendments
November J, 2006
(4) That the combination of different uses in the development will compliment each other and will harmonize with
existing and proposed land uses in the vicinity.
Article 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS
15-17.010 Purposes of AIticle.
15-17.020 Pennitted uses.
15-17.030 Conditional uses.
15-17.040 Site area.
15-17.050 Site density.
15-17.051 Location of building sites.
15-17.060 Site frontage, width and depth.
15-17.070 Site coverage.
15-17.080 Front. side. and rear setback arcaSj'iHil.
15-17.090 Height of structures.
15-17.100 Distance between structures.
15-17.110 Accessory uses and structures.
15-17.120 Fences, walls and hedges.
15-17.130 Signs.
15-17.140 Off-street parking and loading facilities.
15-17.150 Design review.
15-17.160 Storage of personal property and materials.
~ 15-17.080 Front. side. and rear setback areas yard, side yaffis amI rear yaffi.
(a) For Jnv nOllconformin:2 site, as defined in this Chapter. the requirements provided in Section] 5-95.160 JDDI\' to
tIle site. For any conforming site. except as otherwise provided in this Section, the minimwn front. side and rear
setback areas yard, ,idB yards and rear yard of any lot in each R-M district shall be as follows:
IRear
ISetback Area yaffi
I
125 feet
Setback Area yaffi
[Side
~back Area vaffi
r-
IU)<Yo of site width
'Front
25 feet
(b) ~()J.yJ!hstan~jjng...:m_12.'i~S:Ii~llJ_(gl_@_.9~:f._,--QA side setback area yaFd of more than twenty-five feet ,fr9mJh~
JDvlicable side IOlline.shall not be required, and a side setback area yare ofless than ten feet from the applicable
sjd~ lQ!J.iDK-shall not be pennirted, subject to the following exceptions:
(1) The exterior side g~tback area:yaffi ofa comer lot shall be not less than fifteen feet from the exterior side lot line.
(2) One foot shall be added to an interior side gtb'lfk area_yam. for each two feet of height or fraction thereofby
which a portion of a stmeture within thirty feet of the side lot line for such setback area yaffi exceeds fourteen feet in
height; provided, that an interior side ~tlbafJ ..uea yaffi of more than twenty-five feet from the interior side loULIlt;.
shall not be required.
(c) No structtue used for human habitation and no structure containing machinery or other fixed equipment capable
of creating noise audible outside of the structtue shall be located closer than five feet from a side or rear property
line.
Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT
33
Zoning Code Amendments
November 1. 2006
15-18.010 Purposes of Article.
15-18.020 Permitted uses.
15-18.030 Conditional uses.
15-18.040 General restrictions on use.
15-18.050 Site area.
15-18.060 Site frontage, width and depth.
15-18.070 Site coverage.
15-18.080 Front, side. and rear setback areas yare, side yaffffi aHd rear yard.
15-18.090 Height of structures.
15-18.100 Screening, landscaping and fencing.
15-18.110 Signs.
15-18.120 Off-street parking and loading facilities.
15-18.130 Design review.
~ 15-18.080 Front. side. and rear setback areas yare, side yards aHd rear yard.
(a) Front "etback"rea yaffi. The minimum front sctback area yaffi of any lot in a P-A district shall be twenty-five feet
from the front IOllille.
(b) Side ,cHoock area yaffffi. The minimum side setback '!Lea yaffi of any lot in a P-A district shall be ten percent of
the average width of the site; provided, that a side setback area yaffi of more than twenty-five feet from the
;1jmhc::~~J2k-:~ig~JgLliDKshal1 not be required and a side setbactarea yare ofless than ten feet fInllLthe appJiS;;,;ilil~_~L(tt:
0g.!1l'-!fh._ill~\;_n.shall not be permitted, subject to the following exceptions:
(1) The exterior side ~c;1h;'1~1~lfe~yaffi of a comer lot shall be not less than fifteen feetJrom the t1;l~ill~Lllite lot] illS'.
(2) One foot shall be added to an interior side setback area yaffi for each two feet of height or fraction thereof by
which a portion of a structure within thirty feet of the side lot line for such setback area vaffi exceeds fourteen feet in
height; provided, that an interior side setback '-'!fea yard afrnore than thirty feet fi:om the i.ntcx_ior. side lot linc__shall
not be required.
(c) Rear !is'lback areJl..yaffi. The minimwnrear setback area_yaffi of any lot in a P-A district shall be twenty-five feet
from the rear 101 line, subject to the following exceptions:
(I) One foot shall be added to the minimwn rear ?!C[back arca yaffi for each two feet of height by which a structure
exceeds fourteen feet in height.
(2) Where a rear setback area yaffi is adjacent to property within an A, R-I, HR, or R-M district, the minimum rear
st'tback area yaffi shall be thirty-five feet from the rear lotlin~.
(Amended by Ord. 71.113 (part), 1992)
~ 15-18,100 Screening, landscaping and feneing.
(a) Where a P-A site is adjacent to an A, R-l, HR, or R-M district, solid fence, vine covered fence or compact
evergreen hedge six feet in height shall be located on the property line behveen the two districts, except in a required
front sctback area yaffi, and an area five feet in depth adjoining such property line shall be landscaped and
permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating
adjacent residential properties against noise.
(b) Not less than ten feet of the required front setback arC<tyaffi shall be landscaped and permanently maintained.
(c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 oftms Chapter.
34
Zoning Code Amendments
November 1, 2006
(Amended by Ord. 71.113 (part), 1992)
~ 15-19.020 General regnlations.
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 busliness 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 pemtit 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
tbis 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 110 Article 15-55 of this Chapter:
(I) 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 Gatas Road or Saratoga
A venue 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,
(II) 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 op<:rated by a public utility for transmitting and receiving cellular telephone and other
wireless communications.
(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.
(d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed
thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any
location under the structure between two five-foot contour lines, except that:
(1) A variance pursuant to Article 15-70 of this Chapter may be granted where the fIndings prescribed in Section IS.
70.060 can be made, and
(2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in
35
Zoning Code Amendments
November 1, 2006
Section 14-35.020 can be made.
(e) Ss'tba~.L"rc,,- '\'afd. No use shall occupy any required scti)_a!:~ area yaffi, except fences, walls, hedges, landscaped
areas, walks, driveways and parking areas. No required setback cln:a yaffi shall be used for a loading area or for
storage.
(I) Screening, landscaping and fencing.
(I) Where a site is adjacent to an A, R-I, HR, R-M or P-A district, a solid wall or fence six feet in height shall be
located along the property line between the two districts, except in a required front5etback -lIflLyaffl, and an area
five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials
suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise.
(2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a
solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or
equipment shall be stored to a height greater than that of the wall or fence.
(3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of
sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within
twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a
commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a
directive from the City to do so.
(4) Notwithstanding any other provision contained in this subsection (I), the Community Development Director or
the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any
property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate
noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing
commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by
the Planning Direetor ('OITll11Ullitv Development Director or the Planning Commission, unless a longer period oftirne
is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to,
the installation cost of the new fence or wall, or the value of any existing fence or wall to be: demolished, or the cost
of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to
approval by the Community Development Director, based upon a finding that the design, color and materials of the
fence or wall will not adversely affect contiguous properties.
(5) Required pedestrian open spaces, front setback areas. yards side setback areas .yards, and not less than fifteen
percent of any parking lot area, shall be completely landscaped and permanently maintained.
(6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of
adjacent public parking facilities or public rights-of-way.
(7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project
approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good
condition and repair.
(8) Except as otherwise provided in this subsection (I), fences, walls and hedges shall comply with the regulations set
forth in Article 15-29 of this Chapter.
(g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the
regulations set forth in Article 15-30 of this Chapter.
(h) Off-street parking and loading facilities, Except in the case of a site located within and constituting a part of a
City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance
with tbe regulations set forth in Article 15-35 of this Cbapter.
(i) Design review. All structures shall be subject to design review approval in accordance with the provisions of
Article 15-46 of this Chapter.
(Amended by Ord. 71.91 ~~ 3, 4,1991; Ord. 71.113 (part), 1992; Ord. 71.122 ~ I (part), 1993; Ord. 71-163 ill
(part), 1996; Ord. 211 il2, 2002; Ord. 236 il2C, 2005)
~ 15-19.030 CoN 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 CoN district:
(I) Professional and administrative offices.
(2) financial institutions.
36
Zoning Code Amendments
November 1, 2006
(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 CoN district, upon the granting of a use permit pursuant to Article IS-55 of
this Chapter.
(I) Mixed-Use Development conforming to the Design Standards found in Article 15-58.
(2) Medical offices and clinics.
(c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet.
(d) Site frontage, width and depth. The minimwn site frontage, width and depth of any lot in a C-N district shall be
as follows:
Frontage
Width
Depth
60 feet
-I
I
1
60 feet
100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent.
(I) Front set1:>i1I.Larea ~I'H'<'I. The minimum front setpack area yaffi of any lot in a CoN district shall be ten feet; except
that on a site adjacent 1tO and fronting on the same street as, or directly across the street fro:m., an A, R-l, HR, R-M or
P-A district, the minimwn front setback area vaffi shall be fifteen feet.
(g) Side and rear setback arcas yaffffi. No side or rear !is'1.\J.aS'!UITeas yaffi shall be required for any lot in a C-N
district, subject to the following exceptions:
(1) On a reversed corn'er lot abutting a lot in an A, R-I, or HR district, the minimum exterior side setback a-r:.ea yard
shall be not less than one-half of the required front "<(back area vaffi of the abutting lot.
(2) Except as otherwisce provided in subsection (g)(1) of this Section, on a lot abutting an A, R-l, or HR district, the
minimum side setback ~l~Lyaffi or rear setback Jrea yaffi abutting such other district shall be thirty feet.
(3) On a lot directly across a street or alley from an A, R-I, or HR district, the minimwn side setback area yaffi or
rear setback area yaffi adjacent to such street or alley shall be ten feet.
Where a side or rear gtback area yaffi is required under any of the foregoing provisions, one foot shall be added to
the required setbacL<li',,'-yaffi for each one foot of height or fraction thereof by which a structure within thirty feet of
the lot line for such sdbac'~ exceeds fourteen feet in height.
(h) Height of structures. The maximwn height of any structure in a CoN district shall be twenty feet.
(i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed
structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops
and Christmas tree and pwnpkin sales lots.
(j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a
street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the
Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.
37
Zoning Code Amendments
November 1, 2006
(k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where
multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the
development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined
in each case by the Planning Commission, based upon its finding that
(I) The project will not constitute overbuilding of the site; and
(2) The project is compatible with the structures and density of development on adjacent properties; and
(3) The project will preserve a sufficient amount of open space on the site; and
(4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent
properties.
(Amended by Ord. 71.113 (part), 1992; Ord. 230 S 2 (part), 2004; Ord. 236 S 2D, 2005)
~ 15-19.040 C-V district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15-l9.020(a) of this Article, the following
permitted uses shall also be allowed in a C- V district
(I) 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.
(5) Theaters.
(6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure.
(c) Site area. The minimum net site area of any lot in a C- V district shall be ten thousand square feet.
(d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C- V district shall be
as follows:
i Frontage I Width I Depth
, I I
i
I 60 feet I 60 feet I 100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C- V district shall be sixty percent
(I) Front ,-etback aj'ea_yaffi. The minimwn front setback aIea_yaffi of any lot in a C- V district shall be ten feet; except
that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-l, HR, R-M or
P-A district, the minimwn front setback area yaffi shall be fifteen feet
38
Zoning Code Amendments
November 1, 2006
(g) Side and rear setb,,&JUI["lto_yaffi. The minimum side s"Jb~aC;Lar,,'l.yaf4; of any lot in a C- V district shall be ten
feet and the minimum rear o"JPHck arc'l.yaffi of any lot in a C-V district shall be thirty feet, subject to the following
exceptions:
(1) One foot shall be added to the minimWll side ,-etback.~aI"."..yaffi for each one foot of height or fraction thereofby
which a portion of a structure within thirty feet of the side lot line for such setback area yare exceeds fourteen feet in
height.
(2) One foot shall be added to the minimWll rear oDPclW1'_ilLC''l.yaffi for each one foot of height or fraction thereof by
which a portion of a snucture within sixty feet of the rear lot line for such ~ctQA~lLarc'L.~ exceeds fourteen feet in
height.
(3) On a corner lot, the minimum exterior side setback 3re~'-Lyaffi- shall be twenty feet.
(h) Height of structures. The rnaximWll height of any structure in a C- V district shall be twenty feet.
(i) Screening, landscaping and fencing.
(1) An area not less than ten feet in deptb along all property lines that abut a street shall be landscaped with plant
materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting
materials shall pennanently be maintained by the owner or occupant of the site.
(2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-
covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This
requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas,
nurseries, garden shops, and Christmas tree and pumpkin sales lots.
U) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where
multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the
development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined
in each case by the Planning Commission, based upon its finding that:
(I) The project will not constitute overbuilding of the site; and
(2) The project is compatible with the structures and density of development on adjacent properties; and
(3) The project will preserve a sufficient amount of open space on the site; and
(4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent
properties.
(Amended by Ord. 71.113 (part), 1992; Ord. 230 ~ 2 (part), 2004; Ord. 236 ~ 2E, 2005)
~ 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
pennitted uses shall also be allowed in the CH-l and CH-2 districts: professional, administrative and medical offices
and financial institutio1tls, 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-I 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.
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Zoning Code Amendments
November 1, 2006
(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 Vlay or across the front lot
line.
(c) Site area. The mirnmWll net site area in each C-H district shall be as follows:
District
Net Site Area
CH-I
CH-2
5,000 sq. ft.
7,500 sq. ft.
(d) Site frontage, widtb and depth. The minimWll site frontage, width and depth in each C-H district shall be as
follows:
District
Frontage
Width
Depth
CH-I
CH-2
50 ft.
50 ft.
50 ft.
50 ft.
100 ft.
100 ft.
(e) Coverage; pedestrian open space.
(I) In the CH-I district, the maximWll net site area covered by structures shall be eighty percent, except that up to
one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty
percent, an equivalent area on the site is devoted to pedestrian open space.
(2) In the CH-2 district, the maximWll net site area covered by structures shall be sixty percent. In addition, an area
equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space. All or any
portion of the required front setback areJ .yaffi may be used for pedestrian open space.
(3) The term "pedestrian open space," as used in subsections (e)(I) and (2) of this Section, means common areas
open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be
visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site.
(I) Front !i<'!back arca yaffi. No front setback "rea yaffi shall be required in the CH-I district. The minimWll front
setback arca yaffi of any lot in the CH-2 district shall be fifteen feet.
(g) Side ~ctbiJ&.kaJca yaffffi. No side setb"ck arca yaffffi shall be required in either the CH-I or CH-2 district.
(h) Rear sctbjl<;h area.yaffi. No rear setback arca yaffi shall be required in the CH-l district. No rear sctback arca vaffi
shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking
district, Saratoga Creek, or the CH-I district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-I,
HR, or R-M district, the minimum rear setback arca yaffi shaB be thirty feet, pIns one foot for each two feet of height
or fraction thereof by which a portion ofa structure within sixty feet of the rear lot line for such setback area yaffi
exceeds fourteen feet in height.
(i) Height of structures, The maximum height of any structure in each C-H district shall be as follows:
District
Height
CH-I
35 feet. No portion ofa structure facing Big Basin Way shall
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Zoning Code Amendments
November 1, 2006
exceed two stories, and no portion of a struchue facing Saratoga
Creek shall exceed three stories.
CH-2 26 fe"t. No structure shall exceed two stories.
(j) Enclosure of uses. All permitted and conditional uses shaH be conducted entirely within a completely enclosed
structure, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining.
(I) Excc12IionUQ,MOOIifi€atieR-ef standards for historic structures. The Planning Commission shall have authority to
g@!lt exceptions to ffiOOt4Oy any of the development standards contained in this Section, without the granting of a
variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to
Article 13-15 of this Code, and the Planning Commission finds and determines that:
(1) The exception me<Mi<oatiefl will facilitate preservation of the historic structure; and
(2) The application and the proposed exception modificatioH have been reviewed and approved by the City's
Heritage Commission; and
(3) The exceJJtion ~Hfu:-atien will not be detrimental to the use and enjoyment of other properties in the vicinity;
and
(4) The exccntioll med-ifu~ will not adversely affect the movement of vehicular and pedestrian traffic, or the
availability of on-stre"t parking, and will not create a hazard to the public safety.
(Amended by Ord. 71.108 ~ I, 1992; Ord. 71113 (part), 1992; Ord. 230 ~ 2 (part), 2004; Ord. 236 ~ 2F, 2005)
Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT
15-20.010 Purposes of Article.
15-20.020 Permitted uses.
15-20.030 Conditional[ uses.
15-20.040 Nonconfonning uses,
15-20.050 Development criteria.
15-20.060 Subdivision of sites.
15-20.070 Site frontage, width and depth.
15-20.080 Site coverage.
15-20.090 Front. side.i!llil rear setback areas yard, siee yards and rear j'ard,
15-20.100 Height of slructures.
15-20.110 Accessory uses and structures.
15-20.120 Fences, walls and hedges.
15-20.130 Signs.
15-20.140 Off-street parking and loading facilities.
15-20.150 Design review.
15-20.160 Storage of personal property and materials.
~ 15-20.020 Permitted nses.
The following permitred uses shall be allowed in the R-OS district:
(a) Single-family dwe!l[ings. No more than one dwelling unit shall be located on each lot.
(b) Accessory structun:s located on the same lot as a pennitted use and not exceeding a total gFeSS 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 ODe guest
house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed
a total of one thousand six hundred square feet.
e c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural
41
Zoning Code Amendments
November 1, 2006
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 subsection 16-80,030(a) of this Chapter, no
stable or COITal 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 intennittent 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 intemrittent 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 COITal shall not exceed an average slope of fifteen percent.
(I) 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 S 2 (part), 1991)
~ 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 gross 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 pWllping 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 subsection 15-80.030( c) ofthis Chapter.
(g) Commercial stables, boarding stables and community stables, subject to the regulations 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 acconnnodation.
(j) Picnic and camp sites.
(k) Botanical gardens.
(I) Clustered housing per Section l5-20.060(d).
(m) Veterinarian clinics.
(Ord. 71.98 S 2 (part), 1991)
~ 15-20.070 Site frontage, width and depth.
(a) The site frontage and average width and depth of any lot in the R-OS district shall be not less than the following,
Frontage
Width
Depth
100 ft.
500 ft.
700 ft,
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Zoning Code Amendments
November 1, 2006
(b) The Planning Commission shall have authority tO~[illllc;,;ccDljons 1Q meffi.fy the standards provided in paragraph
(a) of this Section upon the findings that the changes in the dimensions of the lot (i) will contribute to preservation
of open space; (ii) will conform with the topography of the area and will minimize environmental impacts; and (iii)
will not result in perception of higher density than a lot of standard dimensions.
(c) Notwithstanding the provisions of subsection (a) of this Section:
(1) The minimum site~ frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of
the frontage abuts the turnaround.
(2) The frontage and width of an access corridor to a flag lot shall be not less than thirty feet.
(Ord. 71.98 ~ 2 (part), 1991)
~ 15-20.090 Front. side. alld rear setback areas yard, side yaf4; and rear yaffi.
(a) Except as otherwise provided in subsection (b) of this Section, the minimum front,_.>'i.iQ.Q., and rear 0~tb..;l.s:.1 area~
yard, side yards, aBd rearcyaffi of any lot in the R-OS district shall be as follows:
~mt IInterior !Exterior IRear
~~~h.Area Side ;:!,etback Side ~,tback S_etback Area
Arca Hffi Art\~t~ Hffi
r- I I
iSingle Story [SOft 140 ft. 150 ft. 1100 ft,
iTwo Story raft 160 ft. 170 ft. 1120 ft,
(b) The determination_of:setback area for nag lots is as provided in Section 15-06.430(3). OR a flag lot \':ith Ra
average widtH that .""eeds its average deptH, tHe 10Hger dimensien ma)' be censidered the deptH fer the pUTjJose ef
measblfIDg the frOBt, side ami rear setbadc areas yams, unless to do so \\'oulEi impact the lot's Rannal yard oriemation
in relatioB to adjaeemffits.
(c) The Planning Commission may erant exceptions to meffi.fy the minimum setback standards upon the fmdings that
the variation from the standards will result in a significantly reduced environmental and visual impact, minimize the
grading and preserve the natural vegetation and wildlife habitat.
(Ord. 71.98 ~ 2 (part),. 1991)
~ 15-20.100 Height ofstrnetures.
No structure shall exceed two stories stery nor shall any structure exceed the following heights:
(a) No structure shall <extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that
does not have dense tree cover.
(b) No structure shall extfnd to an elevation more than twelve feet above the nearest adjacent minor ridge that does
not have dense tree cover.
(c) A structure net limited by subsection (a) and (b) above shall not exceed twenty-two feet in height~J)[l,\'i<!cd,
howcver. that +!he Planning Commission may appnlve UP to four feet of additional heiQhr m.sB.if)' the height
stamlard if the Design Review findings in Section 15-45.080 can be made. In no ease shall the height ofa structure
em"eed tweRt)' si:1: :feet.
(d) Accessory structures shall not exceed twelve feet in beight; provided, however, that the Planning Commission
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Zoning Code Amendments
November 1, 2006
may approve 1!lL~QJDLGS'_JITU~L'd.d_dit!_Q!!~_LJJ~jllhl._aB aeGessory structure eJ:tending HP to fifteen feet in height if the
Commission fmds and determines that:
(1) The additional height is necessary in order to establish architectural compatibility with the main structure on the
site; and
(2) The accessory structure will be compatible with the surrounding neighborhood;
(3) The additional height is necessary for a structure for agricultural use.
(Ord. 71.98 Ii 2 (part), 1991)
~ 15-29.010 Height restrictions.
(a) General regulation. Except as otherwise specified in this Article, no fence or wall shall exceed six feet in height.
(b) Front yaf4; and exterior side setback arca yaf4; of reversed corner lots. No fence or wall located within any
required front yaffi or ',T:ithin any reEJ..H.ired exterior side setback area yard of a reversed comer lot shall exceed three
feet in height, except as follows:
(1) A fence or wa111awfully constructed prior to March 20,1987, may extend to a height not exceeding six feet, if
such fence or wall does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct
the safe access to or from adjacent properties; provided, however, that upon the destruction or removal of more than
one-half of the length of such nonconforming fence or wall, any replacement fence or wall shall not exceed three feet
in height.
(2) Wrought iron entrance gates, designed with openings to permit visibility through the same, may extend to a
height not exceeding five feet.
(3) Safety railings that are required by the Uniform Building Code shall be excluded from tile height requirements of
this Section.
(c) Street intersections. No fence, wall or compact hedge located within a triangle having sides fifty feet in length
from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where
no curb exists, shall exceed three feet in height above the established grade of the adjoining street.
(d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section
15-80.030(c) of this Chapter.
(e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and
style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence
containing such pilasters.
(I) Light fixtures. Tbe height ofa fence sball not include ligbt fixtures mounted tbereon at the entrance of driveways
and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and
sidewalk entrance.
(g) Retaining walls. No retaining wall eH a hillside lot shall exceed five feet in height. Notwithstanding the
for(':goim:r. no ret:aininc wall located in a front or exterior side setback area shall exceed three feet in hei2:ht.
(h) Fencing adjacent to commercial districts. The Planning Direetor Community Dcvelonmcnt Director may issue a
special pennit to allow a fence up to eight feet in height where such fence is installed along a rear setback area -vaffi
or interior side setback area yaffi of a residential site which abuts a commercial district. The Plan..ting Direeter
Community Develonment Director may impose such conditions as he deems appropriate to mitigate any visual or
other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and
materials of the fence and landscape screening. Applications for a special permit under this subsection shall be filed
with the Plarm:ing Direetor Communit\r Develonment Director on such form as he shall prescribe, and shall be
44
Zoning Code Amendments
November 1) 2006
accompanied by a processing fee in such amount as established from time to time by the City Council.
(Amended by Ord. 71.86 9 1, 1991; Ord. 71-106 9 6,1992)
~ 15-29.030 Fencing to mitigate noise from certain arterial streets.
(a) For the purpose of noise mitigation, a fence exceeding the height otherwise prescribed in this Article as the limit
for such fence may be located within any required o.<;!.I:J.'lc\.;cillea yaffi abutting Prospect Road, Saratoga/Sunnyvale
Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lav.rrence Expressway or the
portion of Cox A venue between Saratoga/Swmyvale Road and Saratoga A venue, upon the issuance by the Planning
Direeter Community Development Director of a fence permit and subject to the following provisions:
(I) Where the fence is located within an exterior side setback <iLea yaffi or rear setback area :y.affi abutting one of the
arterial streets specifit:d herein, the fence shall not exceed eight feet in height at the property line, plus one additional
foot in height for each additional five feet of setback from the property line, up to a maximWll height of ten feet if the
fence is still located within a required sctbnck area yaM.
(2) Where the fence is located within a front setback area yaffi abutting one of the arterial streets specified herein, the
fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height,
plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten
feet, up to a maximum height of ten feet if the fence is still located within the required front setback area yaro..
(3) Where a street line is located within a site, the location and setback of the fence as specified in subsections (a)(1)
and (2) of this Section shall be determined by the street line rather than the property line.
(4) The applicant shal1llandscape and pennanently maintain an area parallel to and along the entire exterior side of
the fence facing the street, in accordance with a landscape plan approved by the Planning Director Community
Development Director. All or any portion of such area may be located within the public right-of-way, subject to
approval by the P-latmiRg Director Communitv Development Direqor. The landscaped area required herein shall be
not less than five feet in \vidth, except that where the available space between the fence and the interior edge of the
sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the Plan.-1:ing Direeter
Conul1unltv Development Director may approve a landscape area of not less than two feet. Prior to issuance of the
fence pennit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the
County Recorder, which agreement shall constitute a covenant running with the land.
(5) The design of the fence shall be subject to approval by the Plan;ling Director Communitv Development Director,
based upon a fmding that the fence is compatible with existing or proposed structures on the site and upon
neighboring properties.
(6) No permit shall be issued if the PlallRiHg Director Community Development Director finds that the fence will
constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or
welfare.
(b) Applications for a fence permit under this Section shall be filed with the PlanniHg Director Commllnitv
Development Director_on such form as he shall prescribe, and shall be accompanied by a processing fee in such
amount as established from time to time by resolution of the City Council.
(Amended by Ord. 71.110 9 2, 1992)
~ 15-29.060 Fences adja<'ent to heritage lanes.
In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage
lane shall comply with the following requirements:
(a) Fence permit. No person shall construct any fence or wall which faces and is located within fifty feet from the
right-of. way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence
pennit from the P-l-atmfag-Direetor Commwlitv Development Director. Application for such permit shall be submitted
and processed in the maImer provided in Article 13-20 of the City Code. If the Heritage Conmrission recommends
issuance, the PlanniNg Director Community Development Director shall issue the permit in accordance with those
recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d),
(e) and (I) of this Section and pursuant to the process prescribed in Article 13-20.
(b) Supporting data. The kvel of detail of the supporting data required by Section 13-20.030 shall be determined by
45
Zoning Code Amendments
November 1, 2006
the PlanniHg Direeto[ COlllmunit\' Deve 19J2ment Director to allow adequate review of the proposed fence or wall.
(c) Setback. No fence or wall wmch exceeds three feet in height shall be constructed within the required setback .'gel
J'iiffl fronting a heritage lane. This minimum setback may be required to be increased to a maximum of fifty feet upon
the finding that such increased setback is necessary to preserve the historic qualities of the heritage lane.
(d) Color, material and design. Fences or walls adjacent to the heritage lane may be constructed of wood, stone,
masonry, wrought iron or similar material. The design, color and materials of the fence or wall shall be approved
based upon a fmding that the fence or wall will not adversely affect the mstoric qualities of the lane and will be
compatible with the design and materials of existing buildings on the site and structures on adjacent properties.
(e) Height. The height of any fence or wall adjacent to the heritage lane shall comply with the regulations set forth in
Section 15-29.010 of the City Code.
(I) Landscaping. The applicant shall landscape and maintain an area within the right-of-way, parallel to and along the
entire length of the exterior side of a fence or wall in excess of three feet in height and facing the heritage lane, in
accordance with a landscape plan approved by the Plan..,mg Direeter Community Development Director. Such
landscape plan shall provide for the planting of trees and vegetation that are native to the area and require little or no
maintenance. The landscape plan may be approved by the Planning Direeter Conununitv Development Director upon
the fmdiug that the proposed landscaping will effectively blend the fence with its environmcnt and enhance the visual
appearance of the lane.
(g) Exemption. This Section shall not apply to a fence lawfully constructed prior to September 16, 1992, if such
fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access
to or from adjacent properties; and provided further, that upon the destruction or removal of more than one-half of
the length of such nonconforming fence, any replacement fence shall comply with the permit requirement and
restrictions specified in this Section.
(Added by Ord, 71.11 0 ~ I, 1992)
~ 15-30.020 Definitions.
In addition to the defmitions set forth in Article 15-06, all ofwmch are applicable herein, for the purposes oftms
Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless
the context or the provision clearly requires otherwise:
(a) Construction sign means a temporary sign stating the names of those persons directly cOIlllected with the
construction of a real estate development project, and may include their addresses and telephone numbers.
(b) Directional sign means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits,
transmit parking information or convey similar information.
(c) Free standing sign means a sign affixed to the ground and detaeRed from not affixed to any building.
(d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand of motor vehicle
fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and such other information as prescribed in
Section 13532 of the State Business and Professions Code. The term "gasoline price sign" shall not include any
displays upon actual fuel pWllpS,
(e) Height as applied to a sign, means the vertical distance measured from the lowest ground level directly beneath
the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or fmished grade,
whichever is lowest.
(I) Identification sign means a sign, the sole purpose ofwmch is to identity the site or the building, use or persons
occupying the site on which the sign is located.
(g) Illuminated sign means a sign having its own immediate source of internal or external lighting.
(1) Internally illuminated sign means a sign with an immediate source of illwnination that is completely enclosed by
the surface of the sign structure or the characters of the sign.
46
Zoning Code Amendments
November 1, 2006
(2) Externally illuminated sign means a sign with an inunediate source of illumination that is not completely enclosed
by any portion of the sign.
(h) Open house sign means an off-site portable sign directing prospective purchasers to the location of a single-
family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.
(i) Political sign meaIlS a temporary sign which directly relates to a candidate for public office or to a ballot issue, in
an election conducted by a governmental entity.
U) Portable sign means any sign which is intended to be moved or capable of being moved, whether or not on wheels
or other special supports, including, but not limited to, "A-frame" type signs, placards and baIll1ers.
(k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real property, or any portion
thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.
(I) Sign means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of,
attracting attention from lhe street, sidewalk or other outside public area for advertising or identification purposes. A
sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures,
paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the
substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area.
(m) Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame and structrnal
components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is
supported unless such supports, uprights, posts or structures are designed in such a manner as to fonn an integral
background of the sign. In computing the area of a double face sign, only one face of the sign shalJ be included,
provided that the two faces shall be approximately the same size and approximately parallel to each other and not
more than two feet apart at any point.
(n) Sign program means a general plan for signage, as approved by the City, pertaining to all or any portion of a site
and the buildings then~on" which may include, but is not limited to, the area, dimension, color, material, design, size
and illumination of all signs to be erected or installed pursuant to the sign program.
(0) Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or
religious organizations, which are not conducted in connection with the operation of a commercial enterprise.
(p) Subdivision sign means a temporary sign advertising a subdivision and providing travel directions to single-
family dwellings therein offered for sale or lease for the fIrst time. The term "subdivision sign" also includes a model
home sign on the site of a single-family dwelling within the subdivision.
~ 15-30.030 Prohibited signs.
The folJowing signs are prohibited:.
(a) Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be
flashing, animated or revolving in natrne.
(b) Portable signs, except for open house signs, political signs and special event signs which comply with the
regulations of this Article.
( c) Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the
exception of the follm:ving:
(I) One national, state ancllocal governmental flag properly displayed upon a single flagpole.
47
Zoning Code Amendments
November 1, 2006
(2) Holiday decorations, in seaSOD.
(3) Grand opening and special event displays which comply with the regulations of this Artlcle.
(d) Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its
normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a
place of business.
(e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or
devices.
(f) Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.
(g) Signs that obstruct any door, window, ftre escape or other emergency exit of any building.
(h) Posters, placards, aIU1ouncements, advertising and similar signs that are erected on any fence, pole, tree,
pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of-
way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the
purpose of giving legal notice, and warning or informational signs required or authorized by governmental
regulations, or signs approved in connection with special event sign permits issued pursuant to Section 15-30.180, or
temporary use pennits issued pursuant to Article 15-60.
(Amended by Ord. 71-152 9 I, 1995; Ord. 71-152.1 99 1,3, 1997)
~ 15-30.090 Signs in professional and administrative office districts.
No sign of any character shall be permitted in a P-A district, except the following:
(a) An identification sign, not exceeding two square feet in area, for each use upon the site ofa professional,
administrative or medical office building.
(b) Directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be free
standing. Ifmore than two directional signs are proposed, the number and location of such signs shall be subject to
approval by the Planning Director.
(c) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a
community facility, an institutional facility, or a religious institution. Such sign may be free standing.
(d) Where multiple office buildings are located upon a single site which is three acres or greater in size, either or
both of the following signs may be allowed in addition to all other signs permitted under this Section:
(1) A free standing site identification sign, not exceeding thirty square feet in area and four feet in height.
(2) An identification sign for each office building on the site, indicating the location of a building and/or identifying
the occupants thereof, each sign not exceeding six square feet in area. The signs may be free standing, but in such
event shall not exceed five feet in height. The Planning Commission shall have authority to,Qrant excePtions to
meffify the regulations contained in this subsection with respect to the number, size and height of identification signs,
through the granting of a use permit pursuant to Article 15-55 of this Chapter.
(e) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign may be free standing,
but in such event shall not exceed eight feet in height, as measured from the top of the curb line, or the pavement
surface where no curb exists, of the nearest street adjacent to the sign.
(I) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130.
48
Zoning Code Amendments
November 1, 2006
(g) Public interest signs, subject to the regulations prescribed in Section 15-30.140.
(h) Temporary political signs, subject to the regulations prescribed in Section 15-30.160.
(i) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170.
~ 15-30,160 Temporary political signs,
(a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions:
(1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources
normally used for illumination of the area where the sign is erected.
(2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached am xed
any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency
for public information purposes, nor may any temporary political sign be erected in a manner or place that will
obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control
devices.
(3) No temporary poUtical sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm
system, hydrant, or any public building or other public structure.
(4) No temporary pollltical sign may be erected within or upon the right-of-way of any public highway or public
street.
(5) No temporary poliitical sign may exceed an area of five square feet.
(6) No temporary political sign may be erected having bracing or backing material thicker than one-half inch, except
for support posts frrrnly planted in the ground.
(b) Removal. A temporary political sign shall be completely removed not later than five days after the date of the
election to which it relates.
(c) Any person intending to install temporary political signs or any person on whose behalf such signs are to be
installed, shal1, at least two business days prior to such instal1ation, file a declaration of such intent with the City
Clerk. Such declaration shall contain an agreement to remove such signs within the applicable time limitation of
subsection (b) of this Section and an agreement to pay any cost incurred by the City as a result of the declarant's
failure to remove such signs. Upon failure of the declarant to remove such signs within such time, City shall
inunediately remove such signs and collect the cost of such removal from the declarant pursuant to such agreement.
(d) Any person installing temporary political signs without having filed a declaration of such intent, or any person on
whose behalf such signs are installed, shall remove such signs or file a declaration within thirty-six hours upon
receipt of notice to remove from the City Clerk. Upon failure of such person to remove such signs, or in the event
that the City Clerk is unable to determine the identity of the person who installed such signs or the identity of the
person on whose behalf such signs were installed, the City Clerk shall immediately have such signs removed, and if
the identity of the person who instal1ed such signs or the identity of the person on whose behalf such signs were
installed can be detennined, collect the cost of such removal from such person.
( e) Any cost incurred by the City in the removal of temporary political signs pursuant to this Section is hereby
declared to be a debt of the person instal1ing such signs and a debt of the person on whose behalf such signs were
instal1ed to the City of Saratoga.
(Amended by Ord. 71-117 S 1,1992; Ord. 71-121 S I, 1993; Ord. 71-152 S 3,1995)
49
Zoning Code Amendments
November 1, 2006
~ 15-35.020 General reqnirements and regulations for off-street parking spaces.
(a) At the time of initial occupancy ofa site or structure or at the time of an alteration or enlargement ofa site or
structure, there shall be provided off-street parking spaces for automobiles in accord with the schedule of off-street
parking space requirements prescribed in Section 15-35.030. For the purposes of this Section, the term "alteration or
enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required
above the total number required prior to such change or addition. The number of parking spaces provided for an
alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or
enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which
instance, the number in excess of the prescribed minirnwn shall be counted in calculating the number provided to
serve the alteration or enlargement.
(b) If, in the application of the requirements of this Article, a fractional number is obtained, one parking space shall
be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-
half.
(c) If more than one use is located on a site, the number of parking spaces provided shall be equal to the SWll of the
requirements prescribed in this Article for each use.
(d) The off-street parking requirements of this Article may be satisfied by common parking facility; provided, that
the total number of spaces shall be not less than the sum of the individual requirements, and provided further, that a
contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the
office of the County Recorder and a certified copy there is filed with the City.
( e) \\There parking requirements are determined by gross floor area, such area shall not include enclosed or covered
areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street
parking is required, but such gross floor area shall include any exterior balcony used as the sole means of access to a
business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is
required.
(t) The Planning Commission may require that off-street parking spaces in excess of the munber prescribed in
Section 15-35.030 be provided for nse on a site, if the Commission finds that such additional spaces are necessary to
avoid traffic congestion or shortage of curb spaces.
(g) For a use not specifically listed in Section 15-35.030, the nWllber of off-street parking spaces shall be determined
by the Planning Commission or the PlaI1fliFLg Director Community Develooment Director, based upon the number of
spaces required for the most similar specified use and such information as may be available to the Plarming
Connnission or the Planning Direetor Community Development Director concerning the parking requirements of the
proposed use.
(h) In all districts except a C-H district, the off-street parking spaces prescribed in Section 15-35.030 shall be located
on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an
alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in
Section 15-35.030 may be located within three hundred feet of the use for which the spaces are required, measured
by the shortest route of available pedestrian access.
(i) With respect to any site or structure located within a CoN, CoY, C-H, P-A, R-M or MU-PD district, not more than
twenty-five percent of the nWllber of required off-street parking spaces may consist of compact parking spaces. If, in
the application of this subsection, a fractional nWllber is obtained, one compact parking space may be provided for a
fraction of more than one-half and one standard parking space shall be provided for a fraction of one-half or less.
Ul No repair work or servicing of vehicles shall be conducted in any parking area.
~ 15-35.030 Schednle of off-street parking spaces.
Off-street parking spaces shall be provided in accordance with the following schedule:
II Use ISpaces Required
II I
!(a)ISingle-famiiy dwelling, ITWO covered spaces within a garage.
! 'Iexcluding second dwelling units
50
Zoning Code Amendments
November 1, 2006
II
r--
!(b) Second dwclJim,unit
,
i
II
!c0!Multi-family dwellings
,
,
!
,
,
I
II
I(d)' [Hotels and motels"
II
[(e) ['Bed and breakfa~t
I establishments
I( 1) Schools and day care facilities
II
fg) Community facillities and
i institutional facilities not
I otherwise described in this
! Section
il
I(h) Places of public assembly,
including religious institu-
tions, theatres, lodg~: halls,
auditoriums and mortuaries
One covered space within a garage, except as otherwise provided in-.ALtii:!~
15-56 SeotieR 15 5..IIG.
One covered space within a garage for each dwelling unit, plus one and one-
half additional spaces on the site for each dwelling unit; provided, however,
for housing developments occupied exclusively by seniors, the required
parking shall be one covered space within a garage for each dwelling unit
plus one-half additional space on the site for each dwelling unit.
[
lOne space for each guestroOIllor for each two beds, whichever is greater.
I
One space for each bedroom to be rented, in addition to the spaces required
for the single-family dwelling.
One space for each employee, including teachers and administrators, plus
such additional spaces as determined by the Planning Connnission to be
adequate for student and visitor parking.
I
II
I(i)' Clubs, including country clubs,
I' , recreation clubs, swmnning
I clubs and tennis clubs
II
F Nursing homes
II
f(k) Professional and administrative
I offices
II
[(i)" IMedical offices and clinics
II
i(m) IIntensive retail establishments
II
One space for each employee and such additional number of spaces as may
be prescribed by the Planning Commission.
One space for each four seats or one space for each forty square feet of floor
area usable for seating if seats are not fixed, plus one space for each two
employees.
One space for each membership, one space for each employee, and such
additional spaces as may be prescribed by the Planning Commission.
One space for each three beds, one space for each two doctors providing
medical services on a regular basis, and one space for each two employees.
I
One space for each two hundred square feet of grass floor area.
I
lOne space for each two hundred square feet of gross floor area.
I
lOne space for each two hundred square feet of gross floor area.
I
5]
Zoning Code Amendments
November 1, 2006
!(n) Extensive retail establishments One space for each five hundred square feet of gF6S5 floor area.
I
i I I
I
1(0) Service establishments and One space for each two hundred square feet of gress floor area.
I financial institutions
I
i
I
r-I I
r(p) IRestaurants One space for each seventy-five square feet of gmss floor area. In addition, if
the restaurant has outdoor dining, one space for each seventy-five square feet
of outdoor dining area shall also be provided,
r-I I
i(q) Warehouses, storage buil- One space for each one thousand square feet of gross floor area.
I dings and storage facilities
I
I combined with commercial uses
I
I
I
I
r-I I
ilcommercial uses conducted One space for each employee, and such additional spaces as may be
primarily outside of buildings, prescribed by the Plaruring Commission.
public buildings and grounds
I other than offices,
and public utility structures and
facilities
I I
I
I
~ 15-35.035 Parking ratios for off-street parking and loading facilities.
(a) Where a site is located within and constitutes a part of a City parking district, the off-street parking requirement
for each district shall be as follows, regardless of the particular category of use or uses occupying the site:
IDistrict I -
Space Required
I I -
INo.1 -
One space for each 473.5 square feet of gress floor area,
I I -
INo.2 lOne space for each 380 square feet of gress floor area. -
I I -
i
INO.3 -
One space for each 350 square feet of gress floor area, plus any additional
I square footage allowed on the site as a result of the acqnisition of development
I rights created by the City upon formation of Parking District No.3.
I
I I -
I
I
52
Zoning Code Amendments
November 1, 2006
,
INo.4
lone space for each 380 square feet of gross floor area.
]
(b) For the purpose of delermining the required number of parking spaces for a development located within a City
parking district, the term "gr-ess floor area" shall not include enclosed or covered areas used for off-street parking or
loading, or interior courts. of a building not occupied by a use for which off-street parking is required; but such gross
floor area shall include any exterior balcony used as the sole means of access to a business establishment and any
basement, or portion thereof, occupied by a use for which off-street parking is required. If a fractional number is
obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be
required for a fraction of less than one-half.
(Added by Ord. 71-108 &2,1992)
~ 15-35.040 Design slandards for off-street parking facilities.
Off-street parking facilities shall comply with the following standards:
(a) Each standard parking space shall be not less than eighteen feet in length and nine feet, six inches in width,
exclusive of aisles and access drives. The spaces shall be marked by double strips two feet apart and the width of
each space shall be measured from center to center of the double strips. Each parallel standard parking space shall be
not less than twenty-three feet in length and eight feet in width.
(b) Each compact parking space shall be not less than sixteen feet in length and eight feet in width, exclusive of
aisles and access drives; provided, however, when spaces are marked by double strips two feet apart, the width of
each compact parking space may be not less than seven feet, six inches as measured from center to center of the
double strips. Each parallel compact parking space shall be not less than nineteen feet in length and eight feet in
width.
(c) Sufficient room for huning and maneuvering vehicles shall be provided on the site.
rd) TIll' w-idth of the drivewav shall be pursuant to fire code requirements. as described in Article 16-15 ortlle Code.
t<I1 tdEach parking space shall be accessible from a street or alley, independent of any other parking space;
provided, however, in the case of off-street parking for a single-family dwelling or a second dwelling unit, the
approving authority may pennit tandem parking spaces 'l.'i'thiR a garage er 6arflsrt or on the site.
Wl.llEntrances and exits shall he provided at locations approved by the City.
EI1-llil. The parking area, aisles and access drives shall be designed, paved, graded and drained in accordance with
applicable City constmction standards, subject to approval by the City Engineer.
fgf (blBwnper rails shall be provided where needed for safety or to protect property, as prescribed by the City
Engineer.
fI>10J)fthe parking area is illwninated, ligbting shall not exceed one bundred foot lamberts and shall be deflected
away from adjoining residential sites so as to cause no annoying glare.
fi1 Cil Where a parking area is located adjacent to, or directly across a street or alley from, an A, R-l, HR or R-M
district, a landscaped strip not Jess than five feet in depth shall be planted and permanently maintained along the
property line with plant materials not less than five feet in beight; except, that within fifty feet from a street
intersection, as measmed from intersecting curblines or intersecting edges of the street pavement where no curb
exists, the plant materials shall not exceed three feet in height above the established grade of the adjoining street.
ill ikJ.Where residential parking is located in a garage, the dimensions of the required parking spaces shall be not
less than eighteen feet in length and nine feet, six inches in width.
53
Zoning Code Amendments
November 1, 2006
(Amended by Ord. 71.113 (part), 1992; Ord. 71-186 ~ I, 1998)
~ 15-35.050 General requirements and regulations for off-street loading spaces.
(a) At the time of initial occupancy ofa site or structure or ofa major alteration or enlargement ofa site or structure,
there shall be provided off-street loading spaces prescribed in Section 15-35.060. For the purpose of this Section, the
term "major alteration or enlargement" shall mean a change of use or an addition which would increase the number
of loading spaces required by not less than ten percent of the total number required prior to such change or addition.
The number of loading spaces provided for a major alteration or enlargement of a site or structure shall be in
addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than
the number prescribed in Section 15-35.060, in which instance the nwnber in excess of the prescribed minimwn shall
be counted in calculating the number provided to serve the major alteration or enlargement.
(b) Off-street loading spaces in addition to those prescribed in Section 15-35.060 shall be provided if the Planning
Commission fmds that such additional spaces are necessary to ensure that trucks will not be loaded, unloaded or
stored on public streets. A finding of the COrrmllssion shall be based on an investigation of the anticipated frequency
of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading
spaces are required.
(c) If, in the application of the requirements of this Article, a fractional nwnber is obtained, one loading space shall
be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one-
half.
(d) If more than one use is located on a site, the nwnber of loading spaces provided shall be equal to the swn of the
requirements prescribed in this Article for each use. If more than one use is located on a site and the gFes5 floor area
of each use is less than the minimwn for which loading spaces are required but the aggregate gH>S5 floor area is
greater than the minimum for which loading spaces are required, off-street loading spaces shall be provided as if the
aggregate gffiSS floor area were used for the use requiring the greatest number of loading spaces.
(e) The off-street loading requirements of this Article may be satisfied by the permanent allocation of the prescribed
number of spaces for each use in a common truck loading facility; provided, that the total nwnber of spaces shall not
be less than the sum of the individual requirements, and provided further, that a contract between the parties
concerned, setting forth an agreement for joint use of a common truck loading facility is recorded in the office of the
County Recorder and a certified copy thereof is filed with the City.
(f) Where loading facility requirements are determined by gH>S5 floor area, such area shall not include enclosed or
covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which
off-street loading spaces are required, but such gH>S5 floor area shall include any exterior balcony used as the sole
means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-
street loading spaces are required.
(g) Off-street loading spaces shall be located on the same site as the use for which the loading spaces are required or
on an adjacent site.
(h) The Planning Commission or the Plan.Jing Direeter Community Development Director may require off-street
loading facilities to be provided for a use not specifically listed in Section 15-35.060 if the Commission or the
Director determines that such facilities are necessary or appropriate.
(i) No loading area shall be used for repair or servicing of vehicles.
~ 15-35.060 Schedule of off-street loading spaces.
Off-street loading spaces shall be provided in accordance with the following schedule:
~Iuse IGffiss Floor Area I Spaces
Required
r--I I I
fa) Hotels, motels, ILess than 5,000 sq, ft. r 0
I offices, nursing 15,000 to 50,000 sq. ft. r I
i homes, religious
I 150,000 to 150,000 sq. ft. I 2
I
54
Zoning Code Amendments
linstitutions, ser-
vice establish-
ments, financial
institutions
I
,
(b) Retail establish-
ments, warehouses"
storage facilities,
restaurants
II
fc)'" Public buildings
I (except offices),
I community facilities,
i public utility stlUC-
i tures, when any of
I the foregoing re~quires
the recurring delivery
or distribution of
goods or equipment by
truck
II
r'- Mo_""
I
!
II
Ifel" 'Any other use re-
I quiring the recur- !
I rent delivery or
! distribution of goods I
or equipment by truck I
/1
lEach additional 150,000
Isq. ft.
1
I
I
~
Less than 5,000 sq. ft. I 0
,
/5,000 to 12,500 sq. ft. i I
,
112,500 to 20,000 sq. ft. I 2
120,000 to 30,000 sq. ft. 1 3
130,000 to 50,000 sq. ft. I 4
150,000 to 75,000 sq. ft. I 5
lEach additional 75,000 I
Isq. ft. I I
I I
I I
I 1
1 1
I 1
I 1
I I
I I
I I
I I
II I
I I
I
ILess than 5,000 sq. ft. I I
15,000 to 10,000 sq. ft, I 2
I
lEach additional 5,000 I
Isq. ft, I I
I 1
I I
I
I
I
I
I
~ 15-35.070 Design standards for off-street loading facilities.
Off-street loading facillities shall comply with the following standards:
November 1,2006
(a) Each loading space shall be not less than forty-five feet in length and twelve feet in width, and shaH have an
55
Zoning Code Amendments
November 1, 2006
overhead clearance of not less than fourteen feet, except) that for mortuaries, a loading space used exclusively for
hearses shall be not less than twenty-four feet in length and ten feet in width and shall have an overhead clearance of
not less than eight feet.
(b) Sufficient room for turning and maneuvering vehicles shall be provided on the site.
( c) Each loading space shall be accessible from a street or alley, independent of any other loading or parking spaces.
(d) Entrances and exits shall be provided at locations approved by the City.
(e) The loading area, aisles and access drives shall be paved, graded and drained in accordance with applicable City
construction standards, subject to approval by the City Engineer.
(I) Bumper rails shall be provided where needed for safety or to protect property, as prescribed by the City Engineer.
(g) If the loading area is illuminated, lighting shall not exceed one hundred foot lamberts and shall be deflected away
from adjoining residential sites so as to cause no arulOying glare.
(h) A loading area shall not be located in a required front, side or rear setback area yaffi, and shall be screened from
adjoining sites by a solid wall or fence or vine-covered fence not less than six feet in height.
~ 15-35.110 Use for advertising prohibited.
(a) No off-street parking or loading facility related to any commercial use in any zoning district shall be used for the
stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or
services for sale, or displaying any such vehicle for sale.
(b) No off-street parking space, driveway or front setback area yaffi in any residential district shall be used for the
stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or
services for sale, or displaying any such vehicle for sale; except, that the occupant of said property may park one
vehicle owned by such occupant, displayed for sale and bearing a sign not exceeding two square feet in area
restricted to the sale of the vehicle upon which it is posted.
~ 15-45.020 Complianee with development standards.
No single-family main structure or accessory structure shall be constructed or significantly expanded within
any A, R-I, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor
area standards contained in Section 15-45.030 of this Article and the setback requirements contained in this
Ghumcr SeetieR 15 15.010 of this ~AJticle. In the event of a conflict between the floor area and setback
requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive
standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant
expansion" shall mean an expansion exceeding one hundred square feet. The Planning Commission shall
have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter.
(Amended by Ord. 71.98 S 10, 1991; Ord. 71.113 S 9, 1992; Amended by Ord. 221 S 2 (part), 2003)
~ 15-45.030 Allowable floor area.
(a) Definition. As used in this Article, the term "allowable floor area" means the maximum gffiS5 floor area of the
main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of
calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The
allowable floor area is based upon the net site area and slope of the lot and the height of the main structure to be
constructed or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be
56
Zoning Code Amendments
November], 2006
calculated in accordance with Section 15-06.620 of this Code.
(b) Maximum standards. The standards set forth in this Section are intended to be maximwn figures and the Plarming
Commission may, in considering any application, require that the floor area be reduced below the applicable
standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article.
(c) Slope adjustment. Ifthe average slope of the lot is more than ten percent, the net site area of the lot shall be
reduced by a percentage amount based upon the average slope and calculated as follows:
Average Slope of the Lot
Percentage of Net Site
Area to be Deducted
10.01--20%
20.oJ--30%
Over 30%
10% plus 2% for each 1 percent of slope over 10%'
30% plus 3% for each 1 percent of slope over 20%*
60%
*Where the average s]ope~ is a fractional number, it shall be rounded up to the next whole number.
(d) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under
subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance -with the
table set forth below:
Size of Lot
(Net Site Area)
Floor Area
Standard
10,001--15,000 sq. ft.
To be determined by Planning Commission
2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area
over 5,000 sq. ft.'
3,200 sq. ft, plus 170 sq. ft. for each 1,000 sq. ft. of net site area
over 10,000 sq. ft.'
4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over
15,000 sq. ft.'
6,000 sq. ft. plus 20 sq, ft. for each 1,000 sq. ft. of net site area over
40,000 sq. ft.'
6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over
80,000 sq. ft.'
8,000 sq. ft. is the maximwn allowable square footage.
Less than 5,000 sq. ft.
5,000--10,000 sq. ft.
15,001--40,000 sq. ft.
40,001--80,000 sq. ft.
80,001--200,000 sq. ft.
200,000 +
*Where division of thf~ net site area by 1000 results in a fractional number the product shall be rounded up to the
next whole munber.
(e) Maximum floor area allowed for R-I, HR and A Zone districts. In the Zone Districts listed below the maximum
allowable floor area shall be the lesser of the Floor Area Standards or the Maximum Floor Area specified as in the
following table:
Zone District
Maximum Floor Area
R-I--IO,OOO
R-I--12,500
4,400
4,830
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Zoning Code Amendments
November 1, 2006
R-I--15,000
R-I--20,000
R-I--40,000
HR and A
5,220
6,000
7,200
8,000
(Amended by Ord. 221 9 2 (part), 2003)
915-45.060 Reqnirement for design review; pnblie hearing.
(a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or
significant expansion of a single-family main structure or accessory structure in any A, R-l, HR, Of R-OS district
until such structure has received design review approval by the Planning Commission pursuant to this Article:
(1) Any new multi-story main structure or multi-story accessory structure.
(2) Any conversion of a single-story structure to a multi-story structure, except where such conversion does not result
in any exterior modifications to the existing structure beyond the installation of skylights in the roof.
(3) Any new single-story structure or addition to a single story structure over eighteen feet in height.
(4) Whenever design review is specifically required under the terms or conditions of any tentative or final
subdivision map, use pennit, variance or conditional rezoning.
(5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet.
(6) Whenever, as a result of the proposed construction, reconstruction or expansion, the gross- floor area of all
structures on the site will exceed six thousand square feet.
(7) Whenever, in the opinion of the Community Development Director, the construction, reconstruction or
significant expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a
perception of excessive mass or bulk, or may umeasonably interfere with views or privacy, or may cause excessive
damage to the natural environment, or may result in excessive intensification of the use or development of the site.
(8) \Vhenever fifty percent or more of the structural elements or members of the existing exterior walls that define
the boundary of the building are removed as a result of reconstruction. renlacement or exnansioll ora single stOTY
structure over eilIhleen feet in heil!ht. or a multi-story main structure. or an accessory StructllIC. 'Nhenever as a reslilt
ofre6sBstruetisR, replaeement or enpaFlsieR era siRgle stery strueture over eighteen feet in height or multi stery
main or aeeessor)' stnIcture FflBfe than fifty pereeRt sf enisting eJeterisr '.', aIls are reFfls':ed, - The reesnstructien sf
more than fifty pereent of the e,dsting eJ:terier ',valls of a siBgle stm)' struetlHe l:r:er eighteen feet in Height er a multi
story main structure Sf an accessory strueture shall Be processes as new eeRsfruction ans €onsidered a Be?: struet\:He.
(b) A public hearing on the application for design review approval under this Article shall be required. Notice of the
public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by
mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose
names appear on the latest available assessment roll of the County as owning property within five hundred feet of the
boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published
once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.
(AmendedbyOrd. 71.98 911, 1991;Ord. 71.113 ~ 10, 1992;Ord. 71-17991, 1998;AmendedbyOrd,22192
(part), 2003)
58
Zoning Code Amendments
November 1, 2006
~ 15-45.065 Administrative design review.
(a) In each of the following cases, no building pennit shall be issued for the construction, reconstruction,
replacement or significant expansion ofa single-family structure or structure in any A, R-l, HR, or R-OS district
until such structure has re:ceived administrative design review approval by the Community Development Director,
pursuant to this Article:
(I) New single-story residences and accessory structures greater than two hundred fifty square feet in gross floor
area.
(2) Major additions in size, defined as:
(A) The expansion or reconstruction of, fifty percent or more of an existing main or accessory structure.
(B) A one hundred square feet or greater addition to or reconstruction of onc hundred square feet or more of the
second story of a main or accessory structure.
(C) The removal~--anti-Teplacement. or reconstruction of fifty percent or more of the exjstinl! structural elements or
members of the exterior walls which define the exterior boundarv ofa main structure or an accessory structure,_ +he
reeDnstructiDn Dfmore: than fifty percent Dftfie e]:isting e]:terior walls Elf a structure or an aeeessory struetl::i:Fe shall be
processea as ne"',' constru:tion and eElnsidered a ne'," structure.
(3) Addition of a basement to an existing structure and enlargement of basements,
(b) The application for administrative design review approval shall comply with Section 15-45.070. The Community
Development Director shall not grant design review approval unless the fmdings set forth in Section 15-45.080 have
been made.
(c) If the Community Development Director intends to approve the application, a "Notice oflntent to Approve" will
be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed
appropriate. All interested parties will have fifteen calendar days from the date of the "Notice oflntent to Approve"
in which to review the application and provide written comments to the Community Development Director. The
Community Development Director shall approve or deny the application within fifteen days of the close of the
review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such
notice. The Communi!:y Development Director's decision is appealable to the Planning Commission within fifteen
calende:frf days of the Director's decision to approve the application. The Planning Cormnission at a public hearing
will review any appea1. Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the Planning
Commission on the appeal shall be final and not subject to appeal to the City Council.
(d) If the application is not approved by the Community Development Director, then the applicant may file an appeal
within fifteen calendar days of the Community Development Director's decision or deadline to render a decision and
have the application heard by the Planning Commission at a de novo public hearing. (Amended by Ord. 221 ~ 2
(part), 2003)
~ 15-45.070 Application requirements.
(a) Application~ for administrative design review approval ..111d design review approval shall be filed with the
Community Development Director on such fonn2, as he the Director shall prescribe. +he An application shall
include the following "xhbits:
(I) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their
dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter at breast
height (DBH as defmed ire Section 15-50,020(g)), canopy driplines, and locations of all heritage trees (as defmed in
59
Zoning Code Amendments
November 1, 2006
Section 15-50.020(1), trees measuring at least ten inches DBH, and all native trees measuring at least six inches
DBH on the property and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix)
riparian corridors.
!1l.6nV <lunJication 11Ull proposes Ilew construction three feet or closer to a required setback area shall include a
survev site plan signed bv a licensed land surveyor or registered civil engineer qualified to do property line surveys.
Such surveys shall vcr-it\., the location of existin!! property lines. easements. stlucmres and nrotected trees, as defined
ill Section 15-50.020(q).
Rj iliA statement of energy conserving features proposed for the project. Such features may include, but are not
limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation
beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall
submit a solar shade study if determined necessary by the Community Development Director.
fJ1lliElevations of the proposed structures showing exterior materials, roof materials and window treatment.
t41 (jlCross sections for all projects located on a hillside lot, together with an aerial photograph of the site if
requested by the COIIll11unity Development Director.
tB (filEngineered grading and drainage plans, including cross sections if the structure if the structure is to be
constructed on a hillside lot.
\41 ffiPloor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this
Chapter.
P1l.BlRoofplans.
t81 {2lLandscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on
the site, the location of any proposed replacement trees, the location and design of landscaped areas, types and
quantities of landscape materials and irrigation systems, appropriate use of native plants and water conserving
materials and irrigation systems and all other landscape features.
t91 LlillTree Preservation Plan, as required in Section 15-50.140.
(+Q1 UJl.Preliminary title report showing all parties having any interest in the property and any easements,
encumbrances and restrictions, which benefit or burden the property.
fH1 ( 12) Such additional exhibits or information as may be required by the Community Development Director. All
exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be
submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced
sets on sheets eleven inches by seventeen inches in size.
(-R1@A geotechnical clearance as defined in Section 15-06.325 of this Code, ifrequired by the City Engineer.
fa1 ilil.. +be An application shall be accompanied by the payment of a processing fee, in such amount as established
from time to time by resolution of the City Council.
(Amended by Ord. 221 S 2 (part), 2003; Ord. 226 S 2 (part), 2003)
~ 15-45.080 Design review flndings.
The Plauning Commission shall not grant design review approval unless it is able to make the following fmdings:
(a) Avoid umeasonable interference with views and privacy. The height, elevations and placement on the site of the
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Zoning Code Amendments
November I, 2006
proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential
structures on adjacent lots and within the neighborhoods; and (ii) connnunity view sheds will avoid umeasonable
interference with views and privacy.
(b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures
to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and
will be in keeping with the general appearance of neighboring developed areas and undeveloped areas.
(c) Preserve native and heritage trees. All heritage trees (as defined in Section 15-50.020 (I)) will be preserved. All
native trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints €ffil-
slfaiBts of the property, the number approved for removal will be reduced to an absolute minimwn. Removal of any
smaller oak trees deemed to be in good health by the City tii-ty-Arborist will be minimized using the criteria set forth
in Section 15-50.080.
(d) Minimize perception of excessive bulk. The proposed main or accessory structme in relation to structures on
adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated
into the natural environment.
(e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and
height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and
within the same zoning district; and (ii) the natmal environment; and shall not (i) unreasonablY' anreasonably impair
the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar
energy.
(f) Current grading and erosion control methods. The proposed site development or grading plan incorporates current
grading and erosion control standards used by the City.
(g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable
design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055.
(Amended by Ord. 7199 S 27, 1991; Amended by Ord. 221 S 2 (part), 2003; Ord, 226 ~ 2 (part), 2003)
~ 15-45.100 Replacement of destroyed structures.
In the event an existing single-family dwelling having a gfflSS floor area in excess of the standards set forth in Section
15-45.030 of this Article or setbacks which are less than required under SeetieH IS 1SJH9 efthis Miele Chapter, is
damaged or destroyed as a result of frre, act of God or other calamity (except for landslide, earthquake, earth
movement, soil instability or flood), the structure may be replaced with a new structure having a maximum gfflS5
floor area no greater than the original structme and setbacks no less than the original structure. If design review
approval is required for the proposed replacement structure, the provisions of this Section shall be applied in lieu of
the standards set forth in Sections 15-45.030 and the setback requirements of this Chapter 15 15.010 of this hticle.
In all other respects, the replacement structure shall comply with the regnlations of this Chapter, including the
regulations pertaining to structure height and impervious cover.
~ 15-46.020 Requirement for design revIew; public hearing.
(a) In each of the following cases, no building permit shall be issued until the proposed improvements have received
design review approval by the Planning Commission pursuant to this Article:
(I) Any new main structure in an R-M, P-A or C district.
(2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-A or C district.
(3) Any substantial exterior alteration, as determined by the PlaImiBg Director Community Development Director, to
an existing structure in an R-M, P-A or C district.
(4) Any addition over ltwenty-two feet in height to an existing main or accessory structure in an R-M, P-A or C
61
Zoning Code Amendments
November 1, 2006
district.
(5) Any parking lot in an R-M, P-A or C district covering an area of one thousand square feet or greater.
(6) Any structure, except a single-family dwelling or accessory structure, having a gross floor area of one thousand
square feet or greater, located in an A, R-I, HR or R-OS district.
(b) A public hearing on the application for design review approval under this Article shall be required. Notice of the
public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by
mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose
names appear on the latest available assessment roll of the County as owning property within five hundred feet of the
boundaries of the site upon which the structure, expansion, alteration, addition or parking lot is to be constructed.
Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not
later than ten days prior to the date of the hearing.
(Amended by Ord. 71.98 912, 1991;Ord. 71.113 ~ II, 1992)
~ 15-46.030 Application requirements.
(a) Application for design review approval shall be filed with the PlauniHg Directer Community Development
Director on such form as shall be prescribed, The application shall include the following exhibits:
(1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures
and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped
areas, fences and walls, and the species, trunk diameter breast height (DBH as defmed in Section 15-50.020(g)),
canopy driplines, and locations of all heritage trees (as defined in Section 15-50.020(1)), trees measuring at least ten
inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet
of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into
and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for
turning and maneuvering vehicles.
(2) Architectural drawings or sketches showing an elevations of the proposed structures as they will appear upon
completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors
and illumination of all signs shall be indicated,
(3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the
site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and
irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems,
and all other landscape features.
(4) Cross sections for all projects located on a hillside lot.
(5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside
lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (NPDES).
(6) Floor plans showing total gross floor area, determined in accordance with Section 15-06.280 of this Chapter.
(7) Roof plans.
(8) Such additional exhibits or information as may be required by the Community Development Director or the
Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit.
Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches
in size and fifteen sets on sheets eleven inches by seventeen inches in size.
(b) The application shall be accompanied by the payment of a processing fee, in such amount as established from
time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public
hearing as determined by the Community Development Director.
(Amended by Ord. 226 9 2 (part 1),2003; Ord. 229 9 2 (part), 2004)
~ 15-50.010 Findings; pnrposes of Article.
The City Council finds that the City is primarily a residential community; that the economics of property values is
inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides
and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for
the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of
topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic
62
Zoning Code Amendments
November 1, 2006
balance and decrease wind velocities.
To comp]cment €-eHlfHtmem and strengthen zoning, subdivision and other land use standards and regulations, while
at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to
establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance
is designed to provid(~ a stable and sustainable urban forest to preserve and protect significant historic heritage
values, and to enhance the unique aesthetic character and environment of this City.
(Amended by Ord. 226 S 2 (part), 2003)
~ 15-55.030 Variation from standards.
A conditional use may be permitted by a use pennit to have different site area, density, structure height, distances
between structures, site coverage, front, side and rear setback area_yam minimwns and off-street parking and loading
requirements, other than as listed under the specific regulations for unconditional pennitted uses in the zoning
district in which it lies.; proT:ieee, hElwcver, no moeifieation of SUCH regulations shalleE1 made in the ease efa use
pennit for a seeElnd unit eXE:ept as speeifically provided in.^stiele 15 56 Elf this Chapter.
~ 15-55.080 Action by Planning Commission.
(a) The Planning Conmnssion may either grant or deny the application for use permit. If granted, the use permit may
be revocable, may be granted for a limited period of time, and may be granted subject to such conditions as imposed
by the Planning Commission.
(b) The use permit shall become effective upon the expiration of tefl lifteen days following the date on which the use
permit was granted unless an appeal has been taken to the City Council pursuant to Article 15-90 of this Chapter
~ 15-55.090 Expiration of use permit; extensions.
(a) A use permit granted pursuant to this Article shall expire lwent)' f{)", thirty-six months from the date on which
approval of such use permit became effective, unless prior to such expiration date a building pennit is issued and
construction is commenced and prosecuted diligently toward completion on the site or structure constituting the
subject of the use pennit, or a certificate of occupancy is issued for such site or structure.
(b) A use pennit may be ~~xtended for a period or periods of time not exceeding thirty siJ( twelve months. for a total
maximum use permit life of fortv-eight months. The application for extension shall be filed prior to the expiration
date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution
of the City Council. A public hearing shall be conducted on the application for extension and notice thereof shall be
given in the same marmer as prescribed in Section 15-55.060 of this Article, Extension ofa use permit is not a matter
of right and the approving authority may deny the application or grant the same subject to conditions.
Article 15-56 SECOND DWELLING UNITS AS CONDITlONf.L USES
15-56.010 Purpose.
15-56.020 One second ~~(yl1il1f! unit per site.
15-56.030 Development standards.
15-56.040 Inspections.
15-56.050 Legalization of existing second d\'ve1l1nu units.
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Zoning Code Amendments
November 1, 2006
~ 15-56.010 Pnrpose.
The purpose of this Chapter is to authorize the establishment of second dwelling secondary lWing-units in single-
family districts to comply with state law and to help achieve the goals and policies of the Housing Element of the
Saratoga General Plan. Controlled construction of second dv,'cllinQ sec8BElary liying units will promote a stable
heterogeneous community with a balanced social and economic mix.
(Amended by Ord. 218 S 2 (part), 2003)
~ 15-56.020 One second dwellin2 unit per site,
Only one-_second d\.ve11im! unit shall be allowed permitted on anyone site.
(Amended by Ord. 218 S 2 (part), 2003)
~ 15-56,030 Development standards.
Except as otherwise provided in Section 15-56.050, each second dwelling unit shall comply with all of the following
development standards:
(a) Lot size. Iftbe secend _it is attacbed te the maiH d.,yclling, tIhe net site area of the lot upon which the second
dwelling unit is located shall not be less than the minimwn standard prescribed for the district applicable to such lot.
(b) Unit size. The second dwelling unit shall be at least four hundred square feet and shall not exceed twelve hundred
square feet of living space, not including the garage. If a second dwelling unit has a basement, the area of the
basement is included as part of the total maximwn allowed.
(c) Building codes. The second dwelling unit shall comply with applicable building, health and fire codes.
(d) Zoning regulations. The second dwelling unit shall comply with applicable zoning regulations (including, but not
limited to, required setbacks, coverage, and height limits). A one-time ten percent increase in site coverage and
allowable floor area may be granted by the Community Development Director if the new second dwelling unit is
deed restricted so that it may only be rented to below market rate households.
(e) Parking. A minimwn of one off-street covered parking space within a garage shall be provided for the second
dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage
requirement may be waived if the second dwelling unit is deed restricted so that they may only be rented to below
market rate households. If the garage requirement is waived, an open parking space must be provided,
(1) Access. The second dwelling unit shall be served by the same driveway access to the street as the existing main
dwelling.
(g) Common entrance. If the second d\velliml unit is attached to the main dwelling, both the second dwelling unit and
the main dwelling must be served by either a common entrance or a separate entrance to the second dwelling unit
must be located on the side or at the rear of the main dwel1ing,
(h) Limitations on number of bedrooms. A seeemtary living second d\vetlin2 unit may not have more than two
bedrooms.
(i) Appearance. All new construction to create a secondary Ii... iAg second dwelbng unit must match the existing main
structure in color, materials and architectural design.
(Amended by Ord. 218 S 2 (part), 2003)
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Zoning Code Amendments
November 1, 2006
~ 15-56.040 Inspections.
(a) Where the applic,ltion is for legalization of an existing second d\vcl1inu: unit or approval of a proposed unit to be
attached to the main dwelling an inspection of the property shall be conducted to determine that the existing second
d\\"clling unit, and any main dwelling to which a second dwclling unit will be attached by a common wall, will
comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or
by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost.
(b) Each existing second dwelling unit and a main dwelling, to which a second d\vellim! unit will be attached by a
common wall, shall be reviewed by the Fire Marshall or his designated representative. Any recommendations by the
Fire Marshall shall be included as iKondition;; for the granting of a building permit. Such recommendations may
include the connection of the second dwelling unit to an existing or proposed early warning fire alarm system
installed in the main dwelling.
(c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by
anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the
authorization to canstrueil a new second dwelliml unit or the legalization of an existing second dv.'clhng Ulllt.
pursuant 10 this Code.,-tssuance of a seeon8 liflit use penllit cORstiffite a representatien or represent a warranty by the
City to the owner of the property or any other person that such property fully complies with all applicable building.
health and fire codes.
(Amended by Ord. 218 ~ 2 (part), 2003)
~ 15-56.050 Legalization of existing second dwellinc nnits.
(a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing
conditions. Second dv.;elli.illLunits currently exist which were created prior to the adoption of this Article, In order to
encourage the legitimlting of such units under the law, the owners of property on which second d\vellilH! units are
located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for
continued human occupancy. Conversely, if existing second dv./elJinl! units are not safe and sanitary for continued
human occupancy, thc:~ City has the responsibility to either insure they are made both safe and sanitary or their use for
human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for
legalization of existing second dwellin!:! units that are or can be made fit for human occupancy.
(b) Scope of Section. 'Ibis Section shall apply only to second dwelling units established prior to February 19, 2003
but after August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully
constructed, and which complied with any applicable zoning or development standards in force at the time of
construction. Any second dwelling unit established from and after February 19, 2003, shall be deemed a new unit
subject to the remaining provisions of this Article.
(c) Contents of Application. Application to legalize an existing second dwelling unit shall be filed with the
Community Development Director on such form as shall be prescribed, The application shall be accompanied by the
following:
(I) A vicinity map showing the location of the site.
(2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces
on the site.
(3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15-56.050 of
this Article,
(4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the
property.
(5) 1fthe site is a hillside lot, either or both of the following documents shall be furnished if requested by the
Community Development Director: (i) A topographic map of the site showing contours at intervals of not more than
65
Zoning Code Amendments
November 1, 2006
five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil
engineer qualified in soil mechanics.
(6) If the existing second dwelling unit is served by a septic system, a description thereof together with a drawing
showing the location of the septic tank and leach field on the site
(d) Standards. Existing second dwellillQ units shall comply with the following standards:
(I) Where the second dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction
of the Community Development Director that the second dwellillQ unit is not subject to actual or potential damage
from landslide, earth movement or other geologic hazard.
(2) In lieu of compliance with the Uniform Building Code, the second dwelling unit shall comply with the Uniform
Housing Code as adopted by the City and shall otherwise comply with applicable health and fIre codes.
(3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered
parking space for the second dwelling unit may be waived if there is no feasible location on the site for either a
garage or carport. In such event, the parking space for the second dwelling unit shall be screened from view from the
street, ifpossib1e; otherwise, the driveway on the site may be utilized as a parking space for the second dwelling unit.
(4) Where the second dwelling unit is served by a septic tank, the septic system shall be inspected and approved by
the County Health Department. In addition, the applicant shall execute and record a deferred improvement
agreement wherein the applicant and his successors will be obligated to connect the second dwelling unit, and the
main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay
his proportionate share of the installation cost.
(e) Disqualified existing units. Any second dwelling unit established prior to February 19,2003 which does not
qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new
unit subject to the remaining provisions of this Article, except as follows:
(1) The existing second dwelling unit shall comply with the standards set forth in subsection (d) of this Section,
(2) The existing second dwelling unit shall comply with current zoning regulations, unless a variance is granted
pursuant to Article 15-70 of this Chapter.
(I) Burden of proof. Wherever in this Section the legalization of an existing second dwellin" unit depends upon the
establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant.
(Amended by Ord. 218 ~ 2 (part), 2003)
~ 15-60.010 Temporary uses allowed by permit.
(a) For the purposes of this Article, the term "temporary use" means an activity described in subsection (b) of this
Section, whether profit or non-profit, conducted on public or private property for a limited period of time. If such
time does not exceed ten consecutive days or a total of ten days within a thirty day period, the application may be
acted upon and a temporary use permit issued by the Community DeveloDment PlalU1ing Director; otherwise, the
application shall be acted upon by the Planning Commission.
(b) The following described temporary uses may be permitted in any zoning district in the City upon the prior
obtaining of a temporary use permit pursuant to this Article:
(I) Art shows.
(2) Craft shows.
(3) Antique shows.
(4) Outdoor sales on public or private property.
(5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code.
(6) Home tours,
(7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes.
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Zoning Code Amendments
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(8) Additional temporary uses added by the Planning Commission in accord with Section 15-60.050.
(9) Temporary on-site and off-site signs in conjunction with the above uses.
~ 15-60.020 Applicailion for use permit; fee.
Application for a temporary use permit shall be filed with the Communitv Devclonmcnt Planning Director, on such
form as he may prescribe, at least thirty days prior to the proposed date of the event. The application shall be
accompanied by a processing fee in such amount as established from time to time by resolution of the City Council,
and shal1 include the following:
(a) Name and address of the applicant.
(b) Statement that the applicant is the owner of the property or is the authorized agent of the owner.
(c) Address or description of the property on which the use will be conducted.
(d) Two copies of a site plan which shall include the fol1owing:
(1) Designation of area to be occupied by the use.
(2) Existing structures and improvements.
(3) Provision for off-street parking,
(4) Site location diagram.
(5) Identification ofal1 property owners and uses within a radius of five hundred feet from each boundary of the site.
(e) A written description of the event to include:
(I) Activities planned during the event.
(2) Days and hours of operation.
(3) Sales of goods (if any).
(4) Nwnber of people involved in operating the event and nwnber of people anticipated to attend.
(5) Explanation of how and where food (if any) is to be served.
(6) Explanation of the nwnber and location of sanitary facilities to be provided,
(f) A location diagram and drawing of any temporary signs proposed for identification of the use or off-site direction
to the use. Off-site sign proposals must be accompanied by written statements of authorization signed by the owners
of the sites on which said signs are to be located.
~ 15-60.030 Issuance of use permit; conditions.
(a) The Communi!v De".'elopment Plan:ling Director or the Planning Commission, as the case may be, may grant a
temporary use permit lLlpon a fmding that the temporary use is compatible with the purposes and objectives of this
Chapter, and in doing so shall impose such reasonable conditions as circumstances may require, including, but not
limited to, the following:
(I) A refundable clean-up deposit, in such amount as may be appropriate.
(2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity may be
conducted.
(3) Approval by the Count)' Health Department if food is to be sold in connection with the activity.
(4) Approval by the chief of the frre district in which the activity will be conducted if such activity involves any risk
of fIre, explosion, or other similar hazard.
(5) Approval by the Sheriffs department if the activity requires any traffic or crowd control or involves any potential
threat to the public safety.
(6) Provision for sanitary facilities.
(7) Limitation on the size, number, location and duration of temporary signs advertising the activity.
(b) The Community DevelopmenLPlaFl.-HRg Director or the Planning Commission may deny any application which is
detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval
for the identical use by th~~ same applicant shall not be given more than once in a twelve-month period.
~ 15-60.060 Appeals.
Any detennination or decision by the Community Dcve!oDmcnLPlaFl.J.1ng Director or the Planning Commission
under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of
this Chapter.
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Zoning Code Amendments
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~ 15-65.030 Exemption of nonconforming single-family and multi-family dwellings.
(a) This Article shall not apply to a lawful1y established single family dwelling constituting a main structure located
within any A, R-I, or HR district or a lawfully established multi-family dwelling located within any R-M district;
provided, however, any alteration, modification or expansion of such nonconforming structure shall comply with the
regulations of this Chapter or a variance must be obtained for such alteration, modification or expansion pursuant to
Article 15-70 of this Chapter.
(b) NOHconferming Existing second dwelling units that h<.lvt:_llot been legalized pursuant to Chanter 15 are not
exempted from this Article and must be discontinued in accordance with Section 15-65.110 unless a Hse flerF11it for
the seeond unit is granted pUfsuaHl to /I.rtide 15 56 efthis Ch"flter.
(Amended by Ord, 71.113 (part), 1992)
~ 15-65.040 Rontine maintenance; limitation on repairs.
(a) Subject to the provisions of this Section, routine maintenance and repairs may be performed upon a
nonconforming structure or facility for the purpose of preserving its existing condition, retarding or eliminating wear
and tear or physical depreciation, or complying with the requirements of law.
(b) Incidental alterations to a nonconforming structure or facility may be permitted, provided such alterations do not
increase the degree of noncompliance or otherwise increase the discrepancy behveen existing conditions and the
requirements of this Chapter.
(c) Structural alterations to a nonconforming facility may be permitted only to accommodate a conforming use or
when made to comply with the requirements of law.
(d) Structural alterations to a nonconforming structure may be permitted when necessary to comply with the
requirements of law, or to accommodate a confonning use when such alterations do not increase the degree of
noncompliance, or otherwise increase the discrepancy behveen existing conditions and the requirements of this
Chapter, or do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure
which is nonconforming. In no case shall the value of the structural alterations performed during anyone-year period
exceed ten percent of the replacement cost of the building prior to such alteration, unless such building is changed to
a confonning structure.
~ 15-65.100 Replacement of damaged or destroyed nonconforming structure.
(a) A nonconforming structure which is damaged or destroyed may not be reconstructed or replaced, except as
follows:
(1) When the entire structure is reconstructed or replaced as a confonning structure; or
(2) When the damage or destruction affects only a portion of a nonconforming structure, which portion does not
constitute or contribute to the noncompliance, such portion may be reconstructed or replaced to its previous
configuration; or
(3) When the damage or destruction affects only a portion of a nonconfonning structure, which portion constituted or
contributed to the noncompliance and does not exceed fifty percent of the gF6SS floor area of the entire structure,
such portion may be reconstructed or replaced to its previous configuration. In no case shall such reconstruction or
replacement create, cause or increase any noncompliance with the requirements of this Chapter.
(4) Any reconstruction or replacement permitted under this Section shall not extend or otherwise modify the required
termination date for the nonconforming structure as established by Section 15-65.110 and applied to such
nonconforming structure prior to the reconstruction or replacement.
(b) Except as otherwise provided in this Section with regard to reconstruction or replacement of a portion of a
structure to its previous nonconforming condition, all reconstruction or replacement shall be subject to all applicable
laws, regulations and procedures otherwise governing construction on the site at the time such construction is
undertaken. The reconstruction or replacement work shall be commenced within one year from the date of damage or
destruction and prosecuted diligently to completion.
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~ 15-65,130 Determiination of age.
(a) The age ofa structure, excluding signs, shall be computed from the recorded date of its completion, if available,
or otherwise shall be deemed to be one year subsequent to the issuance of a building permit for such structure. If an
addition to a structure was Iavvfully constructed which had at the time of its completion a value of more than seventy-
five percent of the value of the original building, or which increased the gfes5 floor area of the original building by
more than seventy-five percent, the age of the structure shall be computed from the recorded date of completion of
the addition, if available, or otherwise such date shall be deemed to be one year subsequent to the date of issuance of
a building permit for such addition. When the age of a structure cannot be determined by any of the foregoing means,
the PlallRing Direetor Community Development Director shall estimate the age for the purposes of this Article.
(b) The age of a sign shaU be computed from the date of its installation, if available, or otherwise such date shall be
estimated by the P-laRninl; DireetoI Community Development Director.
~ 15-65.140 Authorization of nonconforming uses and structures by use permit or variance.
(a) The Planning Commission may authorize the continuation ofa nonconforming use through the granting ofa use
permit pursuant to Article 15-55 of this Chapter; proYiElea tAat all)' use permit f-er a IlElIlssIlfermmg; second unit can
GIlly be granted in aeE;ordance '.vith the additional preeeElures, standards aRa requiremEmts set forth in lJ1icle 15 3-6
of this Chapter. Upon the granting of such use permit, the use shall no longer be considered nonconforming and shall
thereafter be continued in compliance with such conditions as may be specified in the use permit. A use permit for an
otherwise nonconfomling use may be granted only if the Planning Commission is able to make all of the following
fmdings, which shall be in lieu of the fmdings listed in Section 15-55.070:
(I) That the use or structure is compatible with the objectives of this Chapter and the purposes of the district in
which it is located.
(2) That the use or structure and the conditions under which it will be continued, will not be detrimental to the public
health, safety or welfa.re.
(3) That the use or structure, and the conditions under which it will be continued, will be compatible with and not
detrimental to the land uses and properties in the surrounding area.
The use permit may be granted subject to such conditions as the Plarming Commission deems necessary or
appropriate, including, but not limited to, required improvements or modifications to the property, limitations on
hours of operation, limitations on nature of operations, and the construction and dedication of public facilities
reasonably related to 1he continuation of the use. The use pennit may either allow the use to be continued
indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise
applicable to the use lmder the provisions of Section 15-65.110. The use permit shall also be revocable and subject
to the continuing jurisdiction of the Planning Commission.
(b) The Planning Commission may authorize the continuation of a nonconforming structure through the granting of a
variance pursuant to Article 15-70 of this Chapter, if all of the fmdings prescribed therein for such variance can be
made. Upon the granting of a variance, the structure shall no longer be considered nonconforming and shall
thereafter be continued in compliance with such conditions as may be specified in the variance; provided, however,
that any alteration, expansion, enlargement or other modification of such structure shall either comply with the
regulations of this Chapter or a further variance for such alteration, expansion, enlargement or other modification
must be obtained pursuant to Article 15-70. The variance may be granted subject to such conditions as the Planrnng
Conurussion deems necessary or appropriate, including, but not limited to, required improvements or modifications
to the property, and the construction and dedication of public facilities reasonably related to the continuation of the
structure. The variancl:: may either allow the structure to be continued indefmitely, or only for a specified period of
time, which may extend beyond the tennination period othenvise applicable to the structure under the provisions of
Section 15-65.110.
~ 15-65.160 Nonconforming sites.
A lawfully created site: having an area, frontage, width or depth less than the minimums prescribed for the district in
which the site is located may be used for a permitted or conditional use, but shall be subject to all other regulations
for the district in which the site is located, except the following:
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(a) Where the width ofa site does not conform with the standard for the district, the minimum width of interior side
sClbac.k arcas~ for first floors shall be not less than ten percent of the width of the site or six feet, whichever is
greater, and the minimum width of an exterior side setback area yaffi for first floors of a COIner lot shall be not less
than twenty percent of the width of the site or fifteen feet, whichever is greater. The second floor setback area for
interior and exterior lots shall be increased an additional five feet.
(b) Where the depth of the site is less than the standard for the district, the rear setback are,_yaffi shall be twenty
percent of the depth of the site or twenty feet, whichever is greater.
(c) In the event the setbacks in subsections (a) or (b) of this Section are determined to be greater than those in the
applicable zoning standard, then the zoning standard shall apply.
(Amended by Ord. 71-106 S 11, 1992; Amended by Ord. 216 S 2 (part), 2002)
Article 15-70 VARIANCES
15-70.010 Purpose of Article.
15-70.020 Authority to grant variances.
15-70.030 Application for variance; fee,
15-70.040 Investigation and report by Community Development Planning Director.
15-70.050 Public hearing by approving authority; notice.
15-70.060 Findings required for granting of variance.
15-70.070 Action by approving authority.
15-70.080 Expiration of variance; extensions.
15-70.090 Revocation of variance.
15-70.100 New application following denial or revocation.
15-70.110 Appeals to City Council.
~ 15-70.020 Authority to grant variances.
(a) The Planinng Commission is designated as the approving authority under this Article WIth power to grant
variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width and depth, and
coverage, setbacks for front. side and rear setback areas yards, siee yards aHe rear yards, allowable floor area, height
of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges,
and alteration or expansion of non-confonning structures, in accordance with the procedures and requirements set
forth in this Article.
(b) No variance for setbacks shall be required for new main and accessory structures proposed to be built where:
(1) The building pad has been graded pursuant to an approved tentative map, recorded fmal map and approved
grading plan, consistent with the fmal map; or
(2) The location of the building site was an important factor in approving the subdivision, as demonstrated by a
preponderance of evidence, such as supplemental site development plans, discussion in statT reports or public
hearing minutes, applicable environmental documents, adopted findings and a resolution approving the project and
in adopted conditions of approval.
(3) In the event that new main and accessory structures proposed to be built meet the criteria set forth in subsections
(b)(I) and (b)(2) of this Section, those setback requirements in effect at the time the tentative map was approved
shall apply.
The Community Development Director shall determine the applicability of this subsection. The Director's decision
shall be subject to appeal pursuant to Section 2-05.030. Relief granted under this subsection does not relieve the
project from other applicable requirements of this Chapter.
(Amended by Ord. 71.99 S 28,1991; Ord. 71-106 S 12, 1992; Ord. 71-155 S I, 1995)
~ 15-70.030 Application for variance; fee.
(a) Applications for a variance shall be filed with the Community Develoument PlanniHg Director on such form as he
shall prescribe. The application shall include the following:
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Zoning Code Amendments
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(1) Address or description of the property.
(2) Statement of the precise nature of the variance requested and tlle practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this Chapter which would result from a strict or literal interpretation and
enforcement ofa specified regulation oftms Chapter, together with any other data pertinent to the findings required
for the granting of a variance, as prescribed in Section 15-70.060.
(3) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from
each boundary of the site, showing the locations of streets and property lines and the names and last known addresses
of the recorded legal owners of all properties shovm on the drawing.
(4) An accurate scale drawing of the site, showing the contours at mtervals of not more than five feet and existing
and proposed locations of streets, property lines, uses, structures, driveways, pathways, off-street parking and off~
street loading facilities and landscaped areas.
(5) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence
that the applicant is the duly authorized agent of the owner.
(b) The application shall be accompanied by the payment of a processing fee, in such amount as established from
time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public
hearing as detennined. by the Communit\' Dc-velopment Plan.1:ing Director.
~ 15-70.040 Investigation and report by Community Develooment Planning, Director.
The Communi tv Dev(jQ}2mcn.LPlanning Director shall make an investigation of the application and shall prepare a
report thereon which shall be submitted to the approving authority.
Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15-80.010 Exceptions to 5clback area yaffi requirements.
15-80.020 Exceptions to height limitations.
15-80.030 Special rules fiJr accessory uses and structures in residential districts.
15-80.035 Requirements for basements and lightwells.
15-80.040 Undergroundillg of public utilities,
15-80.050 Maintenance oflandscaped areas.
15-80.060 Storage in lil1lirnproved right-of-way prohibited.
15-80.070 Stadinms prohibited in all districts.
15-80.080 Radio and 11elevision antennas.
15-80.090 Early warning fIre alarm system.
15-80.100 Construction trailers.
15-80.110 Covenants for easements.
~ 15-80.010 Exceptions to !is'19ack~ requirements.
(a) Architectural features, including sills, chinmeys, weather vanes, cornices and eaves may 110t extend into a
required side setback area~ net-more than three feet, i11to a req11ired front or rear setb;]ck area more than fow.
feet. or into a space be:tween structures on the same site net-more than eighteen inches.:., and may eJ(tend into a
requires front ar rear yard not more than rem feet.
(b) Aboveground balconies, porches, decks, platforms, stairways and landing places, which are open, unenclosed,
uncovered and no part of which is more than four feet above fInish grade, may extend into a required setback area
yard or space between buildings not more than four feet.
(c) Open, unenclosed and uncovered walks, driveways, parking areas, decks, platfonns and patios, which are not
more than eighteen inches_above fInish grade, and fences, walls, hedges and retaining walls, may be constructed
within any required !is'.l!;ms:k area yaffi, subject to other applicable limitations prescribed by this Chapter.
(d) Bay windows,...-flaving TIe fOl,:'!f1B.ation or other connection to the sl:trface afthe grOlillB. B.irectlybelow, whlch are at
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Zoning Code Amendments
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least eil!hteen inches above the finished floor level may overhang and extend into any required setback ~rea=J'8:ffi for
a distance not exceeding two feet.
(Amended by Ord. 71.91 S 5, 1991 and Ord. 71.86 S 5, 1990; Ord. 71-163 S I (part), 1996)
~ 15-80.030 Special rules for accessory uses and structnres in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-I, HR, R-OS or R-M
district:
(a) Stables and corrals. Subiect to fJnnroval bv the Communi tv Development Director. Nno stable or corral, whether
private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet
from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer
than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subiect to approval bv the Community Development Director, Nno swinuning pool or
accessory mechanical equipment shall be located in a required front, side or rear setback area~, except as
follows:
(I) A swimming pool and accessory mechanical equipment may be located within a required rear setbjlck ar",-yaffi,
but the ,vater line of the s'vvimming pool may be no closer than six feet from any property line. Any portion of such
swimming pool that is located outside of the rear setback area yaffi shall comply with the side setback area yaffi
requirements for the site.
(2) If the required minimum side setback area yaffi is more than ten feet, accessory mechanical equipment may be
located within such side setback areo yaffi, but no closer than ten feet from the side yaffi lot,prepefl'/ line.
(c) Recreational courts. Subiect to approval bv the Community Development Director. R[ecreational courts may be
allowed. PTovlded that such recreational courts shall comply with all of the following restrictions, standards and
requirements:
(I) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illwninated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front yaffi or aBY rB'l"ired side setback area yaffi. Such courts
may be located within a required rear setback area vaffi, but no closer than fifteen feet from any property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten
percent, unless a variance is granted pursuant to Article 15-70 of this Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Plan:1ing
Direetor Community Development Director, so as to create a complete landscaping buffer from adjoining properties
within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined
by the Planning Director Conununitv Development Director, shall be furnished to the City to guaranty the
installation of the landscaping improvements in accordance with the approved landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation
and topographical features and to avoid damage as a result of drainage, erosion or earth movement.
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Zoning Code Amendments
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(9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths,
trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accesso:ry structures. No enclosed accessory structures shall be located in any required !?~tback arC<l
yaffi of any lot, except as follows:
(I) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages,
carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from the
rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of
setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still
located within the required rear setback area yaffi.
(2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming
pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in gross
floor area, may be loc:ated no closer than six feet from the rear property line and shall not exceed six feet in height,
plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet,
up to a maximum height of ten feet if the structure is still located within the required rear setback area yaffi. This
subsection shall not alPply to any structure intended or used for the keeping of animals.
(e) Unenclosed garden stlUctures. Subject to approval by the Community Development Director, unenclosed garden,
ornamental and decorative structures such as gazebos, lattice work, arbors and fountains,Jiee-standing fireplaces and
plav structures may be located no closer than six feet from a side or rear property line and shall not exceed eight feet
in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in
excess of six feet, up to a maximum height of ten feet if the structure is still located within a required side or rear
setb.a~ck area yaffi.
(f) Solar panels. Subject to approval by the Planning Direetor Communi tv Development Director, solar panels not
exceeding six feet in height may be located within any portion of a rear setback are~.
(g) Barbeques. Subiect to approval bv the Community Deyelopment Director. PQennanent barbeques, such as those
constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not
exceed four feet in henght.
(h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section and subiect to
upnrova] bv the Commun.ity Develooment Director, accessory structures not exceeding fourteen feet in height may
be located in a require:d war setback area yaffl in any R-M district, provided that not more than fifteen percent of the
rear setbac_~ area yaffi area shall be covered by structures, and provided further, that on a reversed comer lot, an
accessory structure shall not be located closer to the rear property line than the required side setback area vaffi on the
abutting lot and not closer to the exterior side property line than the required front setback area vaffi of the abutting
lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community
Development Director, as described in subsections (a), (h), (C), (e), (f), (g) and ih) (d)(2), (0) aHd (I) of this Section,
the Director may refer the matter to the Planning Connnission for action thereon whenever the Director deems such
referral to be necessary 01' appropriate.
(j) Exceptions to Med~ standards. The Planning Connnission shall have authority to grant exceptions to
meffify any of the regulations set forth in subsection I a) through (1) (d), (e), (I) or (g) of this Section pertaining to the
size, height or required setback of an accessory structure in a side or rear setback area yard, through the granting of a
use permit for such accessory structure pursuant to Article 15-55 of this Chapter.
(k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and
any required front, side or rear setback area yare setback line. All emergency or stand-by generators shall be required
to meet all applicable :requirements of the City Code including Article 7-30 concerning noise. Outside a required
front, side, or rear setback Jr~.iLyaffi, an emergency or stand-by generator may be pennitted upon the granting of a
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Zoning Code Amendments
November 1, 2006
conditional use permit from the Planning Commission. Any application for such a permit must be accompanied with
information from the manufacturer documenting the noise generation characteristics of the generator. A noise
assessment study shall be prepared by a qualified Acoustical Consultant for all proposed generators. The noise
assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-
30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of
installation prior to July I, 2004, provided, however, that removal of non-conforming generators may be required as
a condition of approval for any design review application involving expansion or reconstruction of more than fifty
percent of the main dwelling, as described in Aliicle 15-45.
(1) Heating, ventilation and air conditioning (HV AC) mechanical equipment. No HV AC mechanical equipment shall
be allowed between the lot line and any required front, side or rear yaffi setback line,
HV AC mechanical equipment shall be required to meet all applicable requirements of the City Code including
Article 7-30 concerning noise. Tbis restriction shall not apply to HV AC equipment for which the owner provides
evidence of installation prior to July I, 2004, provided however, that removal of non-conforming HV AC equipment
may be required as a condition of approval for any design review application involving expansion or reconstruction
of more than fifty percent of the main dwelling. as described in Article 15-45.
(Amended by Ord. 71.86,1990; Ord. 71.98 ~ 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 ~ I, 1998: Ord.
231 ~ 2, 2004)
~ 15-80.035 Requirements for basements and Iightwells.
The following requirements shall apply to basements in any A, R-I, HR, R-OS or R-M district, with the exception of
requirements in subsections (d) and (e) of this Section, which shall apply to all districts:
(a) A basement shall be located entirely beneath the building footprint of an enclosed accessory structure and/or the
building footprint of the main structure, including attached garage, and shall not be located within any required
setback area yard.
(b) A lightwell shall not be located within any required setback area vaffi and shall not be wider than four feet. as
detined ill Section 15-06.405,
(c) A basement shall be a one level structure with a maximwn floor to ceiling height of twelve feet. Floor, in this
case, means finished floor, and ceiling means the bottom level of the ceiling framing members.
(d) All proposed basements and additions to basements shall obtain geotechnical clearance, The applicant shall
submit to the Planning Department a geologie aDd geotechnical report prepared by a €eHified eHgineeriBg geolBgist
ana registered geotechnical engineer or rce.istercd civil engineer with conmetence in geotechnical investiuation and
design. This THe geolegie report shall include an analysis of seasonal groundwater conditions potentially impacting
the proiect and design recommendations for any appropriate measures to address subswface water-preparea BY a
certified h)'drogeologist.
The Geotechnical Consultant shall address the potentia] need for substantial sump pump oneration requirements
INhere groundv,mter is anticinated to rise above the basement floor.
Incorporation of subdrain systems beneath basement floors and aopropriate wateroTOofing measures shall be
considered during; nreparation of e.eotechnical desiim criteria for basements.
(e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a
registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain
inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community
Development Director and the Pl:Iblic \1,,' erks DepartFRent. Disposition and treatment of on-site storm water shall be
74
Zoning Code Amendments
November 1, 2006
consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES
l~lljr('ments). The size of a proposed basement may be limited based on drainage issues or issues raised in the
geologic and geotechnical reports.
(Ord. 209 S 2 (part), 2002; Ord. 229 S 2 (part), 2004)
~ 15-80.050 Maintenance oflandseaped areas.
A landscaped area provided in compliance with the regulations of this Chapter or as a condition of any use pennit,
variance, design review or other approval granted hereunder, shall be planted with materials suitable for screening or
ornamenting the site, wruchever is appropriate, and plant materials shall be replaced as needed to screen or ornament
the site. Landscaped "reas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the
QVvller as may be prescribed by the Community DcveloDment Planning Director.
~ 15-80.080 Radio and television antennas.
(a) Defmitions. For the p"rposes of this Section, the following words and phrases shall have the meanings
respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise:
(1) Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the reception or
transmission of electromagnetic waves which system is afta8Hea affixed to an antenna support structure or attached
affixed to the exterior of any building. The term includes devices having active elements extending in any direction,
and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which
may be mounted upon and rotated through a vertical mast, tower or other antenna support structure.
(2) Antenna support structure means any mast, tower, tripod or other structure utilized for the purpose of supporting
one or more antennas,
(3) Licensed amateur radjo station antenna means an antenna owned and utilized by a federally licensed amateur
radio operator.
(4) Satellite dish antelma means any dish-shaped antenna designed to receive and/or send satellite signals for the
purpose of television or radio reception, or other telemetry communication, having a diameter greater than three feet.
(b) Limitation on number. Not more than one ground-mounted antenna support structure for a licensed amateur radio
station antenna and not more than one satellite dish antenna shall be pennitted on each site; provided, however, that
upon the granting ofa use permit pursuant to Article 15-55 of this Chapter, a second ground-mounted antenna
support structure for a. licensed amateur radio station antenna may be allowed where:
(I) The site is one acre or greater in size;
(2) The height of each antenna does not exceed fifty-five feet; and
(3) The Planning Cormnission fmds, in addition to the fmdings required under Section 15-55,070, that by reason of
the size, topography, landscaping or other special characteristics of the site, the installation of two antenna support
structures having a height below the limit prescribed in subsection (e)(3) of this Section will mitigate the visual
impact upon adjacent properties and public rights-of-way to a greater extent than the installation of a single anterma
support structure.
(c) Building permit required. A building permit shall be required for the installation or construction of any satellite
dish antenna or any ground-mounted antenna support structure in excess of thirty feet in height. No such permit shall
be issued unless the antenna and the support structure comply with the regulations set forth in this Section.
Applications for a building permit shall be made upon such form prescribed by the City and shall be accompanied by
the following items:
(1) Type and description of the antenna and its support structure, including size, shape, height and color.
(2) Plot plan showing the location of the antenna and its support structure on the site, including distance from
structures, property lines, street lines, setback lines and exposed utility lines.
(3) Construction drawings showing the proposed method of installation.
(4) Manufacturer's specifications for the antenna support structure and installation requirements, including footings,
guy wires and braces.
(5) Copy of FCC license, if the application is for a licensed amateur radio station antenna,
(d) Location requirements. Except as otherwise specified herein, antenna support structures may be roof or ground-
mounted, free standing or supported by guy wires, buildings or other structures. A support structure shall be
considered ground-mounted if its base is mounted directly in the ground, even if the structure is supported or
75
Zoning Code Amendments
November 1, 2006
attaehed affixed to the wall of a building. All antennas and support structures shall be located on a site in compliance
with the following standards:
(I) No antenna or support structure shall be located within any required iront. side or rear setback area yaffi, except
that guy \.\!ires and antenna arrays may extend into a required side or rear setback area~yaffi but may not extend over
property lines or street lines.
(2) No antenna support structure shall be located closer to any property line or street line than a distance equal to
one-half of the height of the antenna support structure.
(3) No satellite dish antenna shall be roof-mounted.
(4) Ground-mounted antenna support structures shall be located to the rear of the main structure on the site, unless
otherwise approved by the City based upon a finding that the alternative location will more effectively reduce the
visual impact of the antenna and its support structure upon adjacent properties and public rights-of-way,
(e) Height restrictions. Antenna height shall mean the overall vertical1ength of the antenna support structure and the
antenna mounted thereon, including any length to which the antelUl3 support structure is capable of being raised, as
measured from the peak of the roafwith respect to a roof-mounted antelUla, or from the natural grade or fInished
grade, whichever is lower, with respect to a ground-mounted antenna. All antennas shall comply with the following
height restrictions:
(I) Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that a single
vertical pole or whip antenna which is not supported by guy wires may be erected to a height of thirty feet above the
peak of the roof.
(2) Satellite dish antennas shall not exceed six feet in height plus one additional foot in height for each additional
three feet of setback from the lotyaffi line or lines adjacent to the antenna, up to a maximunl height of ten feet.
(3) Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height, except that
licensed amateur radio station antennas may be erected to a height of sixty-five feet.
(I) Installation requirements. Every antenna and its support structure shall be constructed, installed and maintained in
accordance with the manufacturer's specifications and in compliance with the Uniform Building Code and National
Electrical Code as adopted by the City, and in accordance with the following additional requirements:
(I) The antenna support structure shall be of noncombustible and corrosive-resistant matenal.
(2) Satellite dish antennas shall be self-supporting without guy wires.
(3) Whenever it is necessary to install an antenna near exposed utility lines, or where any property damage would be
caused by the falling of the antenna support structure, a separate gny wire must be attached affixed to the antenna or
the support structure and secured in a direction away from the hazard. Exposed antenna transmission lines and guy
wires shall be kept at least six feet distant from any exposed utility lines.
(4) The antenna shall be adequately grounded for protection against a direct strike of lightning.
(g) Mitigation of visual impact. Antennas and their support structures, including guy wires and accessory equipment,
shall be located on the site and screened as much as possible by architectural features, fences or landscaping to
minimize the visual impact of the antenna and its support structure upon adjacent properties and public rights-of-
way. The materials used in constructing the antenna and its support structure shall not be unnecessarily bright, shiny
or reflective. Conditions may be imposed upon the issuance of a building or use permit to mitigate the anticipated
visual impact of the proposed antenna installation.
(h) Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed prior to November
I, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986. Such antennas shall
be allowed to remain as originally installed and shall not be considered nonconforming stmctures, but any relocation
or increase in the size or height thereof shall be subject to the provisions of this Section. Any person claiming an
exemption shall have the burden of proving that the antenna was lawfully installed prior to the applicable date
specified herein.
(i) Variances, The Planning Commission shall have authority to grant a variance from any of the regulations
contained in this Section pursuant to Article 15-70 of this Cbapter. In addition to the fmdings prescribed in Section
15-70.060, the Planning Commission shall also fmd that the variance is required by reason of physical obstructions
which adversely affect proper reception or transmission by the antenna.
~ 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
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Zoning Code Amendments
November 1,2006
from such hazard whi1e a1 the same time maximizing the effectiveness of existing equipment and facilities for emergency
responses.
(2) Certain areas of the City have been designated as hazardous fIre areas, which are defmed 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 abnonnally 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 non-availability 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 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 exringuish..
(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 offire and notification to
the fue 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 offire and notification to the fire district of the existence and location
of fire will serve to reoiuc" 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 ofthe City, as set forth in the Safety Element of the General Plan, to require installation of an
early warning fire alann system as hereinafter provided in this Section. The purpose ofthis 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 pennit 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 a designated
hazardous fire area.
(2) Any existing single family dwelling, commercial structure or community facility which is expanded by fifty percent or
more in gross floor area and is located within a designated hazardous fue area.
(3) All new single-family dwellings, commercial structures and community facilities having a gross floor area in excess of
five thousand square fi~et.
(4) Any existing sing1e-farnily dwelling, commercial structure or conununity facility which is expanded by fifty percent or
more in gF955 floor area which, after such expansion, will exceed five thousand square feet in gross 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
(5) above, which is expanded by fifty percent or more in gfflSS 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: (i) has a.gress floor area in excess of five thousand square feet, or (ii) regardless of size, is located within a
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 ofthis 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 in imposed, it shall be made a condition of the design review approval or use
pennit or variance under this Chapter. The determination by the fire chief shall be based upon anyone or more of the
following considerations:
(I) An occupant load increase of fifty percent or more.
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Zoning Code Amendments
November 1, 2006
(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 gf6SS floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial struchrre" includes, but is not limited to, office buildings, retail stores,
restaurants, repair shops, and industrial buildings, and the term "community facility" includes, hut is not limited to,
schools, theatres, churches, meeting halls and conference centers.
(2) The determination ofgf6SS floor area is as detined in this Chapter, aG defilled iH subsection 15 O~.28()(lJ) ofthiG
Chapter, shall indude aHY lJaGemeHt sr portiOH theresf s6cupied as habitable spase; and
(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 offive years after completion of the first improvement, where although each is for a project encompassing
an expansion orIess than fifty percent of increased floor area, hut when combined with other expansions during the five
year period of time increase the amount of gross floor area of the structure by fifty percent or more of that amount which
existed inunediately prior to the commencement of the first of the several expansions.
~ 15-80.100 Construction trailers.
(a) No construction trailer shall be placed upon any site without fIrst obtaining a permit to do so issued by the
Comrrllmitv DeveloDment Planning Director pursuant to this Section.
(b) The Communi!"\! Deve[oDment PlanFlmg Director shall have authority to issue a permit for the temporary
placement of one or more trailers on the site of a construction project for use by the O\VTIer or contractors actively
engaged in the performance or supervision of the construction work. The number and location of such trailers shall
be detennined by the Comffillnitv Development Planning Director and the permit may be issued subject to any
conditions which the Director deems necessary or appropriate. No trailer may be placed upon a site until the
commencement of construction and all trailers shall be removed inunediately upon completion of the project, or at
such earlier time as may be specified by the CommunitY' Development Planning Director.
~ 15-85.030 Application for amendment; fee.
(a) Application for a change in the boundaries of a district or reclassification shall be filed by the owner or owners of
the affected property with the Community Development Plan:ling Director on such form as he shall prescribe. The
application shall include the following:
(1) Address or description of the property and the intended use if the district boundaries are changed or the property
is reclassified as requested in the application.
(2) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from
each boundary of the site, showing the location of streets and property lines and the names and addresses of the
owners of all the properties shown on the drawing as such names appear on the latest available assessment roll of the
County,
(3) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence
that the applicant is the duly authorized agent of the owner.
(b) The application shall be accompanied by the payment of a processing fee in such amount as established from
time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public
hearing as determined by the COl11l11wlitv Development Plan.ting Director.
Artie1e 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS
15-85.010 General provision.
15-85.020 Initiation of amendment.
15-85.030 Application for amendment; fee.
15-85,040 Investigation and report by Community Development Planning Director.
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Zoning Code Amendments
November 1, 2006
15-85.050 Public hearing by Planning Commission; notice.
15-85.060 Recommendation by Planning Commission.
15-85.070 Public hearing by City Council; notice.
15-85.080 Action by City Council.
15-85.090 Conditional reclassification.
15-85.100 New application after denial.
15-85.110 Prezoning; annexed territory.
~ 15-85.040 Investigation and report by Community Development PlanniHg Director.
The Community DevclQP.!l1cnt Planning Director shall make an investigation of the application and shall prepare a
report thereon which shall be submitted to the Planning Commission.
~ 15-85.060 Recommendation by Planning Commission.
(a) Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed
amendment should be adopted. The COnmllssion shall transmit its recommendation to the City Council, in writing,
together with a copy of the application, if any, and the docwnents submitted in connection therewith, the report to the
Conunission from the CODul1unitv Development PlaMiRg Director, the minutes of proceedings conducted by the
Commission and the resolution and findings, if any, adopted by the Commission with respect to the proposed
amendment.
(b) The Planning Commission may recommend that an application be granted subject to conditions, including a
conditional reclassification as provided in Section 15-85.090 of this Article. No further pnblic hearing shall be
required with respect to any subsequent determination as to whether such conditions have been satisfied.
~ 15-90.080 Time limitation for judicial review.
Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City
Council made pursuant to any provision of this Chapter, or any of the proceedings, acts or determinations taken,
done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached
thereto, shall be comrnem:ed within ninety days after the date of such decision and service of summons shall be
effected within nine tv one lumElree ty:enty days after the date of such decision.
Article 15-95 VIOLATIONS AND ENFORCEMENT
15-95.010 Permits, certifi.cates and licenses,
15-95.020 Duties of Community Development PlanniHg Director.
15-95.030 Violations as constituting misdemeanor or infraction offense; penalties.
~ 15-95.020 Duties of Community Developmrnt Planning Director.
The COlluTIunitv Deve1Qlrment Planning Director shall be the official responsible for the enforcement of this Chapter.
In the discharge of this duty, the Community Develoomcnt_Pla-nnffig Director shall have the right to enter on any site
or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall be
exercised only at reasonable hours, and that, in no case, shall any structure be entered in the absence of the ovmer or
tenant without the written order of a court of competent jurisdiction. The CommunitY' Development Planning
Director may serve notice requiring the removal of any structure or use in violation of this Chapter on the ovmer or
his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates
in any violation. The rommunitv Devdoonlem Planniag Director may call upon the City Attorney to institute
necessary legal procet::dings to enforce the provisions of this Chapter, and the City Attorney hereby is authorized to
79
Zoning Code Amendments
November 1, 2006
institute appropriate actions to that end. The S:'omnlUni!y Development PlaIlfling Director may call upon the
Community Service Officers to assist in the enforcement of this Chapter, and such Community Service Officers shall
have concurrent authority to enforce any regulation of this Chapter as provided in Section 3-05.070 of this Code.
~ 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 instal1ed, 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 Snbdivision
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 the following cases:
(I) All new single-family dwellings, commercial structures and community facilities located within a designated
hazardous fire area.
(2) Any existing single family dwelling, commercial structure or community facility which is expanded by fIfty percent or
more in gfflSS floor area and is located within a designated hazardous fire area.
(3) All new single-family dwellings, commercial structures and community facilities having a gross floor area in excess of
five thousand square feet.
(4) Any existing single-family dwel1ing, commercial structure or community facility which is expanded by fifty percent or
more in gffiSS floor area which, after such expansion, will exceed five thousand square feet in gress floor area.
(5) All new multi-family dwel1ings 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
(5) above, which is expanded by fifty percent or more in gross 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 commwrity facility which is remodeled or the use thereof
is changed, and such commercial structure or community facility either: (i) has a gress floor area in excess of five
thousand square feet, or (ii) regardless of size, is located within a designated hazardous fire area. The detenrunation by
the fIre chief shall be based upon anyone or more of the following considerations:
(i) An occupant load increase of fifty percent or more,
(ii) New commercial cooking operations,
(iii) Hazardous materials storage for which a permit is required,
(iv) 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.
'fhe determination of floor area is as described in Chanter 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 ofless than fifty percent of increased floor area, but when combined with other expansions during the five year
period of time increase the amount of gross 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.
~ 16-71.010 DefInitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to
80
Zoning Code Amendments
November 1, 2006
them in this Section, unless the context or the provision clearly requires otherwise:
(a) Business means any activity for which a business license is required under Chapter 4, Article 4-05 of this Code,
except a business conducted v.rithin a single family dwelling as a home occupation.
(b) Change of use means any change in the character or use of a structure that would place the building in a different
division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies
under said Code.
(c) Single family dwellling means a detached dwelling unit, or a condominium or townhouse unit, which is separately
owned and intended for occupancy by one family. A site containing a single family dwelling as the main structure
thereon and second d\V'ell~unit for '."hieh a peffl1it has BeeR iss"Hea :FH:lfS\,;lant to }J1:icle 15 56 of this Code, shall be
treated as a single farrcily dwelling for purposes of this Article.
(d) Transfer of ownership, as applied to real property or a business, means any conveyance, assignment, or other
transfer, by any means, of more than fifty percent of the equitable ovmership interest in the real property or business.
~ 16-71.010 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to
them in this Section, unless the context or the provision clearly requires otherwise:
(a) Business means any activity for which a business license is required under Chapter 4, Article 4-05 of this Code,
except a business conducted within a single family dwelling as a home occupation.
(b) Change of use means any change in the character or use of a structure that would place the building in a different
division of the same gwup of occupancy under the Uniform Building Code or in a different group of occupancies
under said Code.
(c) Single family dwelling means a detached dwelling unit, or a condominiwn or townhouse unit, which is separately
owned and intended for occupancy by one family. A site containing a single family dwelling as the main structure
thereon and second d~iellj1..l&-unit fBr ',".flieR a permit has been issues ]3l:H'sl:lant to .^J1icle 15 56 efthis Cese, shall be
treated as a single family dwelling for purposes of this Article.
(d) Transfer of ovmership" as applied to real property or a business, means any conveyance, assignment, or other
transfer, by any means, of more than fifty percent of the equitable uwnership interest in the real property or business,
81
Zoning Code Amendments
November 1, 2006
APPENDIX A TO THE ZONING CODE: MAPS
Reference is made to the followiot! maDS. copies of ,\thich ha""c been filed herein. which ma1lli.J!.re herch-v adopted
and incorporated herein bv reference. together with any amendments thereto:
(1) City ZOnilH! Mao,
(2) Equestrian District: Schematic Dia!:!rams created bv the City ofSaratol!J Trails & Pathways Task Force
RCP0l1 (Aueust 1976).
(3) SaraloILa Woods NeiQhborhood.
(4) Neighborhood Conm)ercial (CN) Drive-Through Overlay District.
u..L- Gr~nmd Movement Potential M-aps of the LIpper Calabazas Creek \Vatershed. dated Jannarv. 1980. preDared
by vVilliam Cotton and Associates. Geotechnical Consultants.
(6-) Ground Movement Potential Map of the COlH!reSS Sprin1!s Study Area. dated Mav 31. 1977. preoared bv
\\,'illiam Cotton and Associates. Geotechnical Consultants.
(7) Ground Movement Potential Maps of the Lm.ver Sarato2:a Hillslde Area. datcd Decembcr. 1985. preDared
bv Terratech. Inc.
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Zoning Code Amendments
November 1, 2006
I APPENDIX B TO THE ZONING CODE: REFERENCE nOCTMENTS
Reference is m_ade to the folJD'vim.! oocumellts. eDDies of which havt' been fjled herein. \vhich documents are herehy
ad9.]ted and incomoT<!ll;?d herein hv reference. together with any amendments thereto:
ill~"i.mlrcc describing soils classifications
83
Zoning Code Amendments
,..--
-
SARATOGA CITY COUNCIL
AGENDA ITEM
CITY MANAGER: & J ~ -
3b
EXECUTIVE SUMMARY NO.
MEETING DATE: November 1, 2006
ORIGINATING DEPT: City Attorney
PREPARED BY: Richard Taylor
SUBJECT: Ordinance Amending the Saratoga City Code Regarding Compensation of
Ci~y Council members
RECOMMENDED ACTION:
Waive second reading and adopt ordinance setting City Council compensation.
REPORT:
----
At its meeting of October 18, 2006 the City Council conducted a public hearing
regarding an ordinance allowing for compensation of Council members to take effect
after the expiration the three council terms expiring this year. Following the hearing the
Council introducl~d the ordinance, waived the first reading, and directed staff to place the
item on the conse:nt calendar for second reading and adoption. The ordinance is attached.
ALTERNATIVES:
As discussed in prior staff reports.
FISCAL IMPACTS:
As discussed in prior staff report.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
Draft Ordinance.
--
1
--
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING COMPENSATION FOR CITY COUNCIL MEMBERS
...
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
..../
Section 1.
Findings.
The City Council finds and declares as follows;
A.
Section 2-10.180(a) of the City Code requires payment of$250 per month to
members of the City Council.
B.
The City has determined that such payments should be solely for the purpose of
compensation, not for reimbursement of expenses incurred in the performance of
official duties.
C.
This ordinance amends the City Code to clarify that the monthly payments to the
City Council are for purposes of compensation only.
Section 2.
Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
(example) and deleting the text shown in strikeout (e-xtlffijlle) in the sections listed below:
2-10.180
Expense allowance.
..../
(a) Each member ofthe City Council shall be paid the sum of two hundred fifty
dollars per month for each month during which a Council member shall hold
office. Such payment is to compensate City Council members for
attendance at meetings of the City Council, meetings of advisory bodies,
and conferences or organized educational activities. SileR payment shall
eElHstitute Illl alle?;anee for ellpSflses Reeesslll'ily iRel.ffl'ea by COHHeil
meml3ers for travel ana atteaaaaee at meetiags, 6Veats, fimetioRs lIBa
aetiyities ?;ithiR the CmlHty y;hieR the CEllH1eil memboFS are rellllirea or
e)lpeetea to attead by reasoR of their pll1llie efRee.
(b) The City Council shall H!llY, by resolution, establish a policy for the
reimbursement of actual and reasonable expenses ia additieR to these
ellpeasos refoHea to iR sll1lsoetioR (a~ of this SoetieR, including, but not
limited to, the cost of travel, meals, lodging and registration fees for
attendance at meetings or functions as the designated representative of the
City Council. Such policy may be amended from time to time by a
resolution of the City CounciL
Section 3.
Severance Clause.
I
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The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase ofthis ordinance is severable and independent of every other section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of
this ordinance irrespective ofthe 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 4, Publi,"ation.
This ordinance or a comprehensive summary thereof shall be published once 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 16th day of October, 2006, and was adopted by the
following vote following a second reading on the 1 st day of November, 2006:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO :FORM:
Richard Taylor
CITY ATTORNEY
2
~
SARA TOGA CITY COUNCIL
MEETING DATE: November I. 2006
AGENDA ITEM:
3++
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ORIGINATING DEPT.: Communitv Development CITY MANAGER:
PREPARED BY: Therese M, Schmidt, AIOf!.fft# DEPT. HEAD:
SUBJECT: FY 2006 - 2007 CDBG County/City Contract
RECOMMENDED ACTION:
1. Adopt a Resolution authorizing the City Manager to execute a $487,891.28 contract with
Santa Clara County for the FY 2006-2007 CDBG Program,
2. Approve Budget Adjustment NO.13 to the FY 2006-07 Budget to carry-over
appropriations of unspent CDBG funds from FY 2005-06.
BACKGROUND:
On March 15, 2006, the City Council authorized the submittal of six FY 2006-2007 CDBG
...-. funded projects totaling $139,070.00. At the beginning of each fiscal year, the County requests
that cities receiving funds through the "Urban County Program" enter into a contract regarding
the receipt and expenditure of these funds. The contract establishes the recipient cities'
responsibilities and identifies new programs to be funded as well as identifying on-going
programs and any "carry-over" of prior year's CDBG funds,
There is always a delay in approving the new County/City contract as the County Counsel and
each participating City Attorney review the contract in early fall. In addition, the program year
does not officially closeout until mid-summer when the County and each city determine what
carry-over funds are available for each project. This contract is similar in content to prior
County/City Contracts, which have been reviewed by the City Attorney.
FISCAL IMPACT:
If the City signs the County/City CDBG Contract, then the City becomes eligible to receive a
new allocation of $139,070.00 in CDBG funds. In addition, the City will have access to
unexpended funds in the amount of $213,039,00 from prior fiscal years for eligible FY 2006-
2007 CDBG activities,
.---
ALTERNATIVE ACTION:
If the City does not sign the County/City Contract, this would jeopardize the City's receipt ofFY
2006-2007 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG
funds, the City may have to fund previously approved CDBG activities with General Funds.
FOLLOW UP ACTION:
Forward four signed copies of the County/City contract to Santa Clara County.
-'
ATTACHMENTS:
1. Resolution
2. FY 2006-2007 County/City Contract
-"
-....../
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY
FOR THE FY 2006-2007 COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the County has agreed to the use by the City, as sub-recipient, of a portion of
County's CDBG Entitlement Program funds for a housing program to be operated within the
County to benefit velY low and low income households; and
WHEREAS, the City has prcviously entered into a Joint Powers Agreement with Santa
Clara County under the Housing and Community Development Act; and
WHEREAS, the Saratoga City Council on March 15, 2006 approved the expenditure of
$139,070.00 in CDBG funds for fiscal year 2006-2007 for the following projects:
SASCC - Adult Day Care Program
Cupertino Community Services-Food Pantry
City of Saratoga - ADA Improvements on Saratoga-Sunnyvale Rd
SASCC - ADA Restroom Improvements
County of Santa Clara - County Rehabil itation Assistance
City of Saratoga - Program Administration
New CDBG 2006-2007 funded projects:
$33,000.00
$5,611.00
$57309,00
$8,150.00
$20,000.00
$15,000.00
$139,070,00
WHEREAS, the City Council approves Budget Adjustment No. 13 to Fiscal Year 2006-
07 to carry-over appropriations of CDBG funds from the 2005-06 Budget for the following
projects:
ADA Hakone Gardens (SA-03AI) Acct#270-7015-572-51-29
SASCC - Automatic Doors Acct#270-7015-572-51-24
SHARP Revolving Housing Rehabilitation Program (SA-04-51)
Acct#270-7015-572-51-26
Hakone Foundation - ADA Improvements (SA-04-41) Acct#270-
7015-572-51-29
Hakone Foundation - ADA Improvements (SA-05-41) Acct#270-
7015-572-51-29
SA-Senior Coordinating Council-Bldg, Storage (SA05-54)
Acct#270-7015-572-51-24
City of Saratoga - ADA for City Hall Doors Acct#270-7015-572-
51-27
Hakone Foundation - ADA Improvements (SA-06-41) Acct#270-
7015-572-51-29
Total carry-over of funded projects from prior years:
$41,050,00
$464,00
$15,000.00
$50,000.00
$50,000.00
$6,22500
$300.00
$50,000.00
$213,039,00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby authorizes the City Manager to execute said CDBG County/City Contract in the total
amount of $487,891.28 for fiscal year 2006-2007 and approves Budget Adjustment No,I3 to
Fiscal Year 2006-07.
PASSED AND ADOPTED this 1st day of November 2006, by the following roll call
vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
APPROVED:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
Jurlsdlctiion
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APPENDIX TO CERTIFICATIONS
Instructions Concerning lobbying and Drug-Free Workplace Requirements
Lobbying Ce.'tification
This certification Is a material representation of fact upon which reliance was placed when this transClctlon
Was made or entered Into. Submission of this certlficqtion Is a pr'erequlsite for making. or enterfrig Into
this transaction Imposed by section 1352, title 31, U,S. Code. Any person who falis to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such 1:allure.
I;.
Drug-Free: Workplace Certification .
1. flY slgnln" and/or submitting tltls application or grant agreement, the grantee is providing the
certification. .
2. The certification is a material representation of fact upon which reliance Is placed when the agency
awards the grant If it is later determined that the grantee ~nowlngly rendered a false certification,
or otherwise Yiolates the requirements of the Drug-Free Workplace Act, HUD, in addition to,8:ny other
rernediles ,6vailable to the Feqeral Govemmentl may take a~ion authorized under the Drug-Free
Workplaa, Act.
3. Wcirkp'lacE:s under grants, for grantees other than Individuals, need-not be Identified on the
-certification. If known, they may be Identified-In the grant application. If the grantee does not identify
the workplaces at the t'-me ofa'pplicationl or upon award, If there Is no application, the grantee must
keep the Identity of the workplace(s) on file In Its office and make the infonnatlon available for
Federal Inspection. Failure to identify all known workplaces constitl,Jt,es a 'violation of the grantee's
dru.9-=free workplace requ,i,rements.
4. Workpl'ace~ Identifications must indude the" a_dual address of buildings (or parts of buildings) or other
sites where work under the grant takes plate. Categorical descriptions may be u,sed (e.g., all vehlc1es
of a mass transJt authority or State highway departm~nt Yfhlle in operation, '~tate employees I~ each
local unemployment office, performe'rs in concert halls ot radio stations).
5. 'If the'\vorkplace identified to the agency changes during the performance of the grant, the grantee
shalllnforlll the agency of the change(s), If it previously Identified the workplaces In question (see
parage.ph three).
6. The gmntee may Insert In the space provided below the slte(s) for the performance of work done In
connection with the specific grant: Place of Perfon;nance (Street address, city, county, state, zlp.code)
Check If there are workplaces on file that are not identified here. The certification with regard to the.
drug-free workplace Is required by 24 CFR part 21.
.
Place Name
County Govemr
Street City County State ZiD
nent Center 70 West Hedding San Jose, Santa Clara CA 95110
St.
.
.
7. Definitions of terms In the Nonprocurement Suspension and Debannent common rule and Drug-Free
Workplace common rule apply to this certification. Grantees' attention Is called, In particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance In
Schedules I through V of the Controlled
Substances Act (21 U,S,C, B12) and as further defined by regulation (21 CFR 1308.11 through
1308:15); "Conviction" means a finding of guilt (Including a plea of nolo contendere).or Imposition of
sentence, or both, by any Judicial body charged with the responsibility to. determine violations. of the
Federal or State criminal drug statutes; "Criminal drug statute' means a Federal or non-Federal
CPMP Non-State Grantee Certifications
10
Version 2.0
Jurisdiction
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e
crimlnal'statute Involving the manufacture, distribution, dispensing, use, or possession of any
controlled substance; 'EmplOYee' means the employee of a grantee directly engaged In the
perfonnance of wo", under a grant, Indudlng: .
a. All 'direct charge' employees; '. . .
b. all 'Incl1rect charge' employees unless their Impact or Involvement Is Insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged In the perfonnance ofwo", under
the grant and who are on the grantee's' payroll. This definition does not Include workers not on
the payroll of the granteo(e.g., volunteers, even If used to meet.a matching requirement; .
consultants or Independent contractors not on the grantee's payroll; or employees of .
subreciplents or subcontractors In covered workplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for
verification.' These documents Include: .
1. Analysis ofImpediments to Fair Housing
2. CItizen Participation Plan
'^~'h'"' '"T1"
{ .
5J~/o~1
Date
Signature/Authorized Official
e
Peter Kutras, Jr. .
Name
County Executive
Title
I lOWest Hedding Street
. Address
I San Jose, CA 95110
City/State/Zip
I (408) 299-5102
Telephone Number
.
CPMP Non-State Grantee Certifications 11
Version 2.0
It
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EXHIBIT F
ASSURANCES
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars, Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is compliant with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in confonnity with "Public Law 88.352 and Public Law
90-284. Full text of the regulations can be located at: hup://www.gpoaccess,gov/cfr/index.html
1. 570.505. Use of Real Property
2. 570.506. Hecords to be Maintained
3. 570.508. Public Access to Public Records
4. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination, HlJD regulations implementing Executive Order 11063 are contained in
24 CFR, Pmt 107.
5. 570.602. Section 109 of the Act addresses discrimination
6. 570.603. Labor Standards
7. 570.604. Environmental Standards
8, 570.605. National Flood Insurance Program
9, 570.606. Displacement, Relocation, Acquisition, and Replacement of Housing.
10. 570.607. Employment and Contracting Opportunities
11. 570.608. Lead-Based Paint
12. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients
13. 570.610. Uniform Administrative Requirement and Cost Principles. The
COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies,
guidelines, and requirements of 24 CFR Part 85 (Col11l11on Rule), and OMB Circulars A-
110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for
Non-Profits), A-128 (Audits of State and Local Governments-implemented at24 CFR,
Part 24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
EXHIBIT F - ASSURANCES
1
REVISED tl/t5/00
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.
Institutions), as applicable, as they relate to the acceptance and use of Federal funds under
this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-I 00 are set
forth at 570.502.
14.570.611. Conflict oflnterest
15.570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
16. 570.613. Eligibility Restrictions for Certain Resident Aliens
17,570.614. Architectural Barriers Act and the Americans with Disabilities Act
EXHIBIT F - ASSURANCES
S:ICDBG_HOME
2
REVISED 8-24-0611
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EXHIBIT G
mDEMNITY AND mSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100.000
Indemnity
The Contractor shall indemnifY, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, perfonnance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County, The Contractor shall
reimburse the Coumty for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligated to indemnifY, defend and hold harmless the
County lmder this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its 0\\11 expense, during the tenn of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
. A. Evidence of Coverage
.
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifYing that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed, The Contractor shall not receive a Notice to Proceed with the work
lmder the Agreement lmtil it has obtained all insurance required and such insurance has been
approved by the Colmty. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. OualifYing Insuren,
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal fmancial stability that is approved
by the County's Insurance Manager.
EXHIBIT B-2 (revised) (HCD-O)
Rev, 7/30/02
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EXHIBIT G
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C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
I. Commercial General Liabilitv Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence
$1,000,000
b, General aggregate -
$2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury
$1,000,000
"
2. General Iiabilitv coverage shall include:
a.
Premises and Operations
b. Products/Completed
c, Personal Injury liability
f. Severability of interest
3. General Jiabilitv coverage shall include the following endorsement. a copv of which
shall be provided to the COlll1tv:
Additional Insured Endorsement, which shall read:
"County of Santa Clara, and members of the Board of Supervisors
of the County of Santa Clara,. and the officers, agents, and
employees of the County of Santa Clara, individually and
collectively, as additional insureds."
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
2
EXHIBIT B-2 (revised) (HCD-O)
Rev, 7/30/02
I
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EXHIBIT G
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department ofthese requirements.
4.
Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
oocurrence applicable to all owned, non-owned and hired vehicles,
5. Workers' Compensation and Emplover's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence,
E. Special Provisions
The following provisions shall apply to this Agreement:
1. The :t:Dregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise asswned by the Contractor pursuant
to this Agreement, including but not limited to the provisions conceming
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by .self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities asswned by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in Mlole or in part by adequately funded self-insurance programs
or seJj:insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4,
The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above,
3
. EXHIBIT B-2 (revis(~d) (HCD-O)
Rev, 7/30/02
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EXHIBIT H
URBAN COUNTY HOUSING REHABILITATION SERVICES
1.
PROGRAM OBJECTIVE
The County of Santa Clara and the CityfTown will assist qualified low-income individuals of
single-family, owner-occupied homes with housing rehabilitation services with the objective
of improving the housing stock in each CityfTown. Housing rehabilitation loans are offered
to low-income property owners to enable them to improve their properties, bring them up to
current building codes, address health and safety issues, and contribute to neighborhood
preservation.
The County is responsible for the administration of the Housing Rehabilitation Program in
conjunction with the CityfTown, The County's administrative services include all aspects of
loan origination, and on-going loan servicing through the term of the loan, and the
construction process for rehabilitating homes,
2. SERVICES PROVIDED BY THE COUNTY
a. Appli,wtion Process
1) Review client (s) applications. Verify that the client owns and occupies the
property and that the property is located in a participating CityfTown.
2) Make a preliminary determination regarding income eligibility in accordance with
the most current income guidelines established by the Federal Department of
Housing and Urban Development (BUD) for the County.
3) Continue to process the application, order credit and preliminary title reports, and
conduct a Minor Rehabilitation Environmental Review of the project in accordance
with the National Environmental Protection Act (NEPA) requirements of the as
applicable.
4) Prepare of list of code deficiencies and preliminary cost estimate of project.
b. Approval Process
1) Schedule and meet with the County Housing Loan Committee to discuss client's
application, income status, and proposed/estimated scope of work. The County
Housing Loan Committee will make the decision to approve or deny each project
and set the loan terms for each project.
2) Advise clients of the final decision regarding the status of their applications and
their proposed loan terms, Current County of Santa Clara Housing Loan
Committee Policies and Procedures are on file at the Office of Affordable Housing,
and are available for review during business hours.
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
FY 06/07
County/City Contract
Exhibit H
.
.
1) Prepare all loan documents for signature and recordation as appropriate, including
but not limited to: Deed of Trust; Promissory Note; Notice of Right to Cancel;
Truth in Lending Disclosure Statement; Request for Notice of Default; Owner
Participation Agreement; Certification of Trust; Deeds of Reconveyance; and the
project's Notice of Completion,
2) Set up a loan portfolio of all Housing Rehabilitation Program loans in the County
loan database, monitor balances, and mail required financial statements to client(s).
e. Project Completion
1) Provide client with a Housing Rehabilitation Program evaluation questionnaire for
completion to return to the Office of Affordable Housing (OAH). The OAH will
forward a copy to the CityITown. Record the Notice of Completion and check for
liens recorded against the property.
2) Clarify any warranty or guarantee issues with the client.
I
County of Santa Clara
Office of Affordable Housing
Conununity Development Block Grant Program
2
FY 06/07
County/City Contract
Exhibit H
.
.
.
.
f.
On-going Monitoring
Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change
orders, final loan amount, and servicing of the loan.
g. Reporting
I) Provide the CityfTown with quarterly reports of the individual project loan
expenses and fund balance in each CityfTown Revolving Loan Fund account and
whenever the County requests a transfer of additional funds for new rehab loans.
2) Provide the CityfTown with written summary quarterly reports including financial
data on project accomplishments.
h. Discontinuance of Services
If County is unable to provide the services described in this Exhibit H at any
time dUJing the term of this Contract, CityfTown and County agree to negotiate
regarding a possible refund of fees paid by CityfTown as referenced below.
3. FEES FOR SERVICES
a. Initial Administration Fee
Upon execution of the CDBG County/City Contract the CityfTown will remit an initial
administration fee in the sum of $13.000 to the County Office of Affordable Housing
to be applied towards housing rehabilitation administrative costs for two (2) new
housing rehabilitation projects,
b. Subsl~quent Administration Fee
For each additional housing rehabilitation project completed, signified by a recorded
Notice of Completion, the sum of $6.500 will be paid to the County upon an invoice
from the County to the CityfTown.
c. Projects Not Completed
For any project tenninated by the client prior to the issuance of the Notice to Proceed
(NTP) by the County, a sum in the amount of $2.000 will be paid to the County upon
an invoice from the County to the CityfTown, If a project is tenninated by the client
after the NTP is issued, the CityfTown shall remit the full project cost of $6.500 to the
County.
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
3
FY 06/07
County/City Contract
Exhibit H
.
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d. Loan Servicing Fee
For each existing housing rehabilitation loan the County agrees to accept as a transfer
from the CityfTown and perform ongoing loan servicing throughout the term of the
loan, a sum in the amount of $],1 00 will be paid to the County upon an invoice from
the County to the CityfTown.
4. FISCAL RESPONSIBILITIES
a. County will maintain an individual revolving loan fund for each CityfTown.
b. All "program income" generated from loan payoffs will be deposited, accounted
for, and tracked individually for each CityfTown and will fund future Housing
Rehabilitation Program projects only in the respective Cityffown,
5. SERVICES PROVIDED BY THE CITYfTOWN
a. Distribute Housing Rehabilitation brochures or flyers to various locations frequented
by the general public.
b.
Publish an advertisement (eg. print, radio, television) at least four times annually
infonning the residents of the existence of the Housing Rehabilitation Program, its
basic eligibility requirements, and how to contact the program staff.
c. Refer prospective clients who appear to meet basic program criteria to the Housing
Rehabilitation Program.
d. Report results of outreach efforts to the County on a quarterly basis.
e. Pay the County invoices with in thirty days of receipt.
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
FY 06/07
County/City Contract
Exhibit H
4
Exhibit I
It
DECLARATION OF CONTRACTOR
(To be completed by all Type I and Type II contractors)
x
This is a Type I service contract under the Board of Supervisor's
Resolution of Contracting Principles.
If this boxis checked, please complete the following:
Type I Category: Section II.C.G
Explanation:
Contract with other public aQencies.
o This is a Type II contract under the Board of Supervisor's Resolution
on Contracting Principles.
The contractor currently has other County contracts for the same or similar
services:
[]
Yes
o
No
It
If Yes is checked, please list and describe contracts, names of
departments. types and dollar amounts.
Contractor Signature:
Name:
_ Title:
Date:
Updated; 10/4/2006
It
It
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CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE
RESOLUTION RE: CONTRACTING PRINCIPLES
[TYPE I CONTRACTS]
This contract is a Type I service contract, subject to the Resolution of Contracting
Principles adopted by the Board of Supervisors on October 28, 1997. Accordingly,
Contractor shall comply with all of the following:
a. Contractor shall, during the term of this contract, comply with all
applicable federal, state, and local rules, regulations, and laws.
b. Contractor shall maintain financial records adequate to show that County
funds paid under the contract were used for purposes consistent with the terms of the
contracts, These records shall be maintained during the term of this contract and for a
period of three (3) years from termination of this contract or until all claims if any, have
been resolved, whichever period is longer, or longer if otherwise required under other
provisions of this contract.
The failure of Contractor to comply with this Section or any portion thereof may
be considered a material breach of this contract and may, at the option of the County,
constitute grounds for the termination and/ or non-renewal of the contract. Contractor
shall be provided reasonable notice of any intended termination or non-renewal on the
ground of non compliance with this Section, and the opportunity to respond and
discuss the County's intended action.
COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY/CITY CONTRACT
Contract No, SA-07-00
THIS Contract is made and entered into pursuant to the Catalog of Federal Domestic Assistance
(CFDA) 14.218 by and between the COUNTY OF SANTA CLARA, a political subdivision of
the State of Cali fomi a (hereinafter "COUNTY"), and the CITY/TOWN OF SARATOGA
(hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY
DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The
allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation
and disbursement ofCDBG funds to CITY on Mav 2, 2006.
WITNESSETH
WHEREAS, COlJ:\JTY has received CDBG Entitlement Program funds from the United States
Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction
pursuant to the provisions of Title I of the Housing and Community Development Act of 1974,
as amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a housing and community development program to be
operated within COUNTY and which shaIl benefit low and very low income households;
NOW, THEREFORE, the parties agree as foIlows;
I. PROGRAM
COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a
subrecipient of the County being the sum of Four hundred eil!htv-seven thousand eil!ht
hundred ninetv-one and 28/100 DoIlars ($487,891.28) for the purpose of reimbursing the City
for costs incurred to implement the housing and community development program (hereinafter
"PROGRAM"), PROGRAM is defined as projects and activities funded with this aIlocation by
the CITY and described in detail in Exhibits "A" through "H," A lump sum figure is aIlocated
for this Contract and the parties understand and agree that the aIlocation is distributed by the
COUNTY through reimbursing the CITY for aIlowed expenses, and no lump sum distribution of
CDBG funds is made at the outset of this Contract. Reimbursement for Fiscal Year 2006/07
shaIl not exceed the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG
aIlocation of funds to CITY, and roIl-over of unexpended CDBG funds from previous years
aIlocations to CITY), CITY is granted authority to also expend funds for eligible CDBG
Housing activities from its approved rehabilitation program revolving loan fund account,
including accrued Program mcome. Such authority is based on CITY and its subrecipients being
in compliance with all Federal Rules and Regulations goveming the CDBG PROGRAM, and the
COUNTY CDBG Reallocation Guidelines.
County of Santa Clara
Office of Affordable Housing
Community Development Blo,,:k Grant Program
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FY 06/07 County/City Contract
As a condition of this Contract, CITY has provided numerous exhibits marked "A" through "D"
as noted herein, attached to this Contract, incorporated by this reference, as though fully set forth
as follows: Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C"
(Proposed Implementation Time Schedule), and Exhibit "D" (Budget). Attached hereto and
incorporated herein are the County's Exhibits as follows: Exhibit "E" (Certifications), Exhibit
"F" (Assurances), Exhibit "G" (Insurance), if applicable, Exhibit "H" (Urban County Housing
Rehabilitation Services), and Exhibit "I" (Contracting Principles Declaration) for all allocated
CITY projects and activities awarded funding for Fiscal Year 2006/07.
II. TERM
A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless
amended prior to its expiration, the term of this Contract for disbursement purposes will
begin on Julv I, 2006 and will terminate on June 30, 2007, or unless terminated earlier
pursuant to Section VI or Section VII of this Contract. Invoices requesting
disbursements submitted after the expiration of this Contract will be honored only for
allowable costs incurred during the Contract term and received prior to the processing
cut-off date established by the County.
B. The term of expenditure by CITY for the grant amount provided for herein shall begin on
Julv I, 2006 and terminate on the earliest of the following dates as set forth herein;
June 30, 2007, or later date per amendment to this Contract; the date of the expenditure
of the total grant, and/or program income amount provided for herein; upon the
termination date established pursuant to Section VI or Section VII of this Contract.
III. OBLIGATIONS OF CITY
A. Certifications by CITY:
City must provide COUNTY with written certification that the following information is
on file at the CITY offices, and is subject to monitoring by HUD and/or COUNTY
(County's Housing and Community Development Department, "OAH") OAH staff, or
their representatives.
I, Names and addresses of the current CITY Manager and CITY Council members;
and
2, Records of all discussions and actions taken at CITY Council meetings pertaining
to the CDBG PROGRAM.
3. Information and housing objectives for the Consolidated Plan at the beginning of
each program year,
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
B. PROGRAM Performance by CITY.
I, Conduct the PROGRAM within Santa Clara County, for the purpose ofbenefiting
low and very low income households,
2. File quarterly reports with COUNTY detailing adherence to the PROGRAM as
described in Exhibits "A" through "D." The reports must document services
rendered by the PROGRAM, describe the beneficiaries ofthe services, and
evaluate the manner in which the PROGRAM is achieving its objectives and goals
as a participating non-entitlement CITY.
3. Utilize minority andior female owned business, vendors, suppliers, and
contractors to the maximum extent feasible, for items funded pursuant to this
Contract, in accordance with County policy.
C. Fiscal Responsibilities of CITY.
I, Identify the CITY's fiscal agent who is responsible for financial activities of
CITY, including the receipt and disbursement of CITY CDBG funds, CITY will
notify COUNTY in writing of the appointment of any subsequently appointed
fiscal agent and that agent's name,
2, Maintain an accounting system that conforms with generally accepted principles
of accounting, The accounting system is subject to review and approval of
COUNTY.
3. Ma:intain a revolving loan fund as a separate fund (with a set of accounts that are
independent of other program accounts) established for the purpose of carrying
out specific activities which, in turn, generate payments to the fund for use in
carrying out the same activities, Each revolving loan fund's cash balance must be
held in an interest-bearing account, and any interest paid on CDBG funds held in
this account shall be considered interest earned on grant advances and must be
remitted to the County for further transmission annually to HUD. Interest paid by
borrowers on eligible loans made from the revolving loan fund shall be program
income and treated accordingly, (See Title 24 CFR 570 Subpart J, 570.500
"Definitions," 570.500(b) "Revolving Fund.")
4.. Comply with the audit requirements ofOMB Circular A-133 which require
compliance with the Single Audit Act for any subrecipient expending $300,000 or
more of federal funds for the fiscal year.
5. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
6. Submit to the COUNTY documented requests for reimbursement.
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
7, Certify current and continuous insurance coverage of CITY, subject to approval of
COUNTY and in accordance with requirements as outlined in Exhibit G
"Indemnity and Insurance Requirements;" and obtain certificate of insurance from
all subrccipients which will list CITY as additional insured.
8. Subparagraph C. I. through 6, above are express conditions precedent to
disbursement of any COUNTY funding and failure to comply with these
conditions may, at the discretion of COUNTY, result in the suspension of funding
or termination of specific projects in non-compliance; or initiate the suspension of
funding or termination of this Contract as provided for herein.
9. If CITY does not use CDBG funds in accordance with this Contract, CITY is
liable for repayment of all disallowed costs and ineligible activities, Disallowed
costs and ineligible activities may be identified through audits, monitoring or
others sources. CITY will be required to respond to any adverse findings which
may lead to disallowed costs, subject to provisions ofOMB Circular A-87, "Cost
Principles for State and Local Governments," and A-l33, "Single Audits of State
and Local Governments," CITY is required to respond to any adverse findings
which may lead to ineligible activities, subject to provisions of24 CFR Part
570,201-206 "Eligible Activities" and 24 CFR Part 570-207 "Ineligible
Activities."
D, Establishment and Maintenance of Records by City
1. Maintain complete and accurate records of all its CDBG transactions including,
but not limited to, contracts, invoices, time cards, cash receipts, vouchers,
canceled checks, bank statements, client statistical records, personnel, property
and all other pertinent records sufficient to reflect properly;
2. All direct and indirect costs of claims incurred or anticipated to be incurred to
perform this Contract or to operate the PROGRAM; and
E. Preservation of Records. CITY will preserve and make available its records:
1. Until five years following expiration of this Contract, or
2, For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five years
from the date of termination.
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
F. Examination of Records:
I, At any time during normal business hours, and as often as may be deemed
reasonably necessary, CITY agrees that HUD and the COUNTY, and/or any
authorized representatives may have access to and the right to examine
Subrec:ipient CDBG records and facilities until expiration of:
a. five years after expiration of this Contract;
b, five years from the date of termination of this Contract; or
c. such longer period as may be prescribed by law.
2, The CITY must provide language in its Contracts with all Subrecipients
stipulating that at any time during normal business hours, and as often as may be
deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY,
and/or ,my authorized representatives may have access to and the right to examine
Subrecipient CDBG records and facilities until expiration of:
a. five years after expiration ofthis Contract;
b. five years from the date of termination of this Contract; or
c. such longer period as may be prescribed by law.
3. CITY also agrees that COUNTY and any authorized representatives has the right
to audit, examine, and make excerpts or transactions of and from, such records and
to make audits of all contracts and subcontracts, invoices, payrolls, records of
personnel, conditions of employment, materials and all other data relating to the
PROGRAM and matters covered by this Contract. CITY will be notified in writing
of intended audits, CITY will be notified in writing of intended inspections of
records and facilities and of intended audits no less than three business days before
such inspections or audits. CITY is required to respond in writing to the OAR
Director any audit findings within 30 days ofreceipt of written audit findings.
Responses will be included in the final audit report.
G, Compliance with Law, CITY staff will become familiar and comply with and require all
its subcontractors, independent contractors and employees, if any, to become familiar
and comply with all applicable Federal, State and local laws, ordinances, codes,
Regulations and decrees including, but not limited to, those Federal rules and
Regulations, executive orders, and statutes identified in "F" ASSURANCES.
Specifically, CITY will comply with the requirements of OMB Circular No. A-87,
"Principles for Determining Costs Applicable to Grants and Contracts with State, Local
and Federallly Recognized Indian Tribal Governments," and OMB Circular A-133
"Audits of State and Local Governments."
In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this
Program.
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
CITY and its subrecipients must comply with Section] 09 of Title I of the Housing and
Community Deve]opment Act of 1974, the Fair Housing Amendment Act of 1988, the
Age Discrimination Act of 1975, Executive Order 1] 063, and with Executive Order
] ]246 as amended by Executive Orders 11375 and ]2086.
H. Suspension and Temlination. In accordance with 24 CFR 85.43, suspension or
temlination of this Contract may occur if the CITY materially fails to comply with any
teml of this Contract, and that the contract may be temlinated for convenience or cause in
accordance with 24 CFR 85.44 and Sections VI and Section VII below,
1. Reversion of Assets, Upon expiration or temlination of this Contract, or in the event
HUD cancels its Program for any reason, the CITY will transfer to the COUNTY any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under the CITY's control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to
CITY in the fOml of a loan) in excess of $25,000 must be:
1. Used to meet one of the national objectives stated in Title 24 CFR part 570,208
for a period of five years after expiration of this Contract, or for such longer
period of time as required by the COUNTY; or,
2. Reimburse the COUNTY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property (reimbursement is not
required after the period of time specified in 1. 1. above),
J. "Section 3" Provisions.
1. Compliance. Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to
the execution of this Contract, shall be a condition ofthe federal financial
assistance provided under this Contract and binding upon the COUNTY, the
CITY, and any subrecipients. Failure to fulfill these requirements shall subject the
COUNTY, the CITY, and any subrecipients, their successors and assigns, to those
sanctions specified by the Contract through which federal assistance is provided.
The CITY certifies and agrees that no contractual or other disability exists which
would prevent compliance with these requirements. The CITY further agrees to
comply with these "Section 3" requirements and to include the following language
in all subrecipient contracts executed under this Contract:
"The work to be perfomled under the Contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
1968, as amended, 12 U.S,c. 1701. Section 3 requires that to the greatest extent
fcasible opportunities for training and employment be given to lower income
residents of the project area and agreements for work in connection with the
project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in, the areas of the project."
The CITY certifies and agrees that no contractual or other disability exists which
would prevent compliance with the requirements.
2. Notifications. The CITY and its subrecipients must send to each labor
organization or representative of workers with which it has a collective bargaining
agreement or other agreement or understanding, if any, a notice advising said labor
organization or worker's representative of its commitments under this Section 3
clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
3, Subcontracts. The CITY and its subrecipients will include this Section 3 clause in
every contract and will take appropriate action pursuant to the contract upon a
finding that the sub-subrecipient is in violation ofregulations issued by COUNTY,
The CITY will not contract with any sub-subrecipient where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
135 and will not let any contract unless the sub-subrecipient has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations,
IV. OBLIGATIONS OF COUNTY
A. Method ofJPayment. During the term of this Contract, COUNTY will disburse CDBG
funds to CITY on a reimbursement basis, unless otherwise provided herein, for all
allowable costs and expenses incurred in connection with the PROGRAM,
Reimbursement will not exceed the total sum of Four hundred ei!!hty-seven thousand
ei!!ht hundred ninety-one and 28/100 Dollars ($487,891.28) as stated in the fiscal year
Cash Control Record document plus all Program Income accrued during the fiscal year..
Reimbursement may be retained, in part or in full, by COUNTY, in the event of CITY'S
non-compliance to PROGRAM regulations and conditions, Substantial non-compliance
includes, bUlt is not limited to, incomplete documentation of expenses, failure to submit
adequate documentation of PROGRAM progress as described in III, paragraph B.2, of
this Contract, failure to provide and maintain an accounting system that is in conformance
with generally accepted principles of accounting, or based on the suspension or
termination of the Grant to COUNTY made pursuant to the Housing and Community
Development Act of 1974, as amended.
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
B. In the case of CITY substantial non-compliance prior to exercising any recourse
authorized herein, COUNTY will initiate the following procedure:
I. Notify the CITY Coordinator in writing of the alleged substantial non-compliance
and request an immediate meeting between CITY Coordinator and COUNTY
OAB Director to resolve issue(s). Ifissue(s) is(are) not resolved satisfactorily
within thirty (30) days, notify CITY Manager in writing requesting an immediate
meeting between CITY Manager, CITY Coordinator and COUNTY OAB
Director to resolve the issue(s).
2. Determine if any portion of the reimbursement request meets all eligible criteria,
and if so, authorize payment for the eligible portion of the reimbursement request;
3. Review the procedure to be followed pursuant to V. C. ofthis Contract
(CONTRACT COMPLIANCE, Corrective Action Procedure); and
4, If applicable, forward a written report to HUD's Regional Of lice detailing the
substantial non-compliance issues and the steps being instituted to correct
performance, copy to the CITY Manager,
C. Compliance with Law. COUNTY shall become familiar and comply with and require all
its subcontractors and employees, if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those Federal rules and regulations, executive orders, and
statutes identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the
requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable
to Grants and Contracts with State, Local, Federally recognized Indian Tribal
Governments," and OMB Circular A133 "Audits of State and Local Governments,"
In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to
this PROGRAM.
V. PROGRAM COORDINATION
A. The COUNTY Executive has assigned the OAB Director to supervise the progress and
performance required by this Contract. All services performed by COUNTY will be at
the overall direction ofthe OAB Director.
B. CITY has designated to serve as CITY CDBG
Program Coordinator, and City Manager
(or assignee approved by the CITY Council) assumes overall responsibility for the
progress and performance of this Contract. CITY will immediately notify the COUNTY
in writing, of the appointment of a new CITY CDBG Program Coordinator, or a new
CITY Manager (or assignee approved by the CITY Council).
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
C. NOTICES, All notices or other correspondence required or contemplated by this
Contract must be sent to the parties at the following addresses:
COUNTY
Marjorie Matthews, Director
Office of the County Executive
Office of Affordable Housing
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
CITY:
Name of CITY
Address of CITY
City, State, ZIP
Name of CITY Manager
All notices must either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered or
seventy-two (72) hours after deposit in the United States mail. Any party may change his or her
address for the purpose of this section by giving five days written notice of such change to the
other party in the manner provided in this section.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services, Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of COUNTY and CITY, with the understanding
that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM
requiremenlts. CITY will furnish data, statements, records, information and reports as
mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review
and evaluate the performance of the PROGRAM and its components, COUNTY has the
right to requesl: the services of an outside agent to assist in any such evaluation, Such
services will be paid for by COUNTY.
B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract
(24 CFR 85.43 "Enforcement"), COUNTY has the right to terminate this Contract or to
require correctiive action to enforce compliance with such provision, Examples of non-
compliance include but are not limited to:
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Office of Affordable Housing
Community Development Block Grant Program
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FY 06/07 County/City Contract
1, If CITY (with or without knowledge) has made any material misrepresentation of
any nature with respect to any information or data furnished to COUNTY in
connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CITY of any of its
duties or obligations under this Contract which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM. The
CITY and COUNTY may negotiate a reinstatement of this Contract following
termination or conclusion of such litigation,
3. If CITY has taken any action pertaining to the PROGRAM, which action required
COUNTY approval, and such approval was not obtained.
4. If CITY is in default pursuant to any provision of this Contract.
5. If CITY makes improper use of COUNTY funds.
6, If CITY fails to meet all provisions of the COUNTY CDBG Reallocation
Guidelines, or the Joint Powers Agreement currently in full force and effect
between the parties hereto.
C. Corrective Action Procedure, COUNTY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CITY pursuant to this Contract, will have the right to give CITY notice of COUNTY'S
intention to consider corrective action to enforce compliance, Such notice must indicate
the nature ofthe non-compliance and the procedure whereby CITY will have the
opportunity to participate in formulating any corrective action recommendation
In the event that CITY does not implement the corrective action recommendations in
accordance with the corrective action timetable, COUNTY may suspend payments
hereunder or terminate this Contract as set forth in Section VII below,
Once non-compliance is established, the following procedure will be initiated:
1. COUNTY OAH Director and CITY Manager will negotiate a time frame and
course of action for correcting the non-compliance;
2. CITY will provide COUNTY with a written plan and time frame for correcting
the non-compliance issue (8). Such plan must be submitted by CITY to COUNTY
within thirty (30) days of the initial non-compliance meeting between CITY and
COUNTY;
3. CITY must initiate the corrective action procedure within sixty (60) days of the
initial non-compliance meeting between the COUNTY OAH Director and the
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FY 06/07 County/City Contract
CITY Coordinator (COUNTY, at their discretion, may extend this time line for
ext(~nuating circumstances);
4. COU1\TY will have the right to require the presence of CITY officers at any
hearing or meeting called for the purpose of considering corrective action; and
5. CITY has the right to appeal all findings of non-compliance, and subsequent
corrective action, with both the COUNTY Board of Supervisors and HUD,
VII. TERMINATION
A. Termination for Cause. COUNTY may terminate this Contract by providing written
notice stating the date of termination, to CITY for any of the following reasons:
1, Uncorrected Contract non-compliance as defined in VI, B which has not been
addressed or resolved within the aforementioned corrective action plan time
period;
2. If CITY is in bankruptcy or receivership;
3, Ifa member of CITY'S Executive Management staff is found to have committed
fraud in connection with the CDBG program (termination is applicable only to
that portion of the CDBG program for which the person who committed fraud is
responsible);
4. If there is reliable evidence that CITY is unable to operate the PROGRAM.
8, Termination for Convenience, In addition to the COUNTY'S right to terminate for cause
as set forth in Section VII, either COUNTY or CITY may suspend or terminate this
Contract for any reason upon mutual consent by giving thirty (30) days prior written
notice to the other party. Upon receipt of such notice, performance of the services
hereunder will be immediately discontinued.
C. In addition 110 the COUNTY'S right to tenninate for cause set forth in Section VII, either
COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR
570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 "Termination for
Convenience," Provisions of the Reallocation Guidelines will apply, but may be adjusted
if termination is for cause.
D. Upon termination, CITY will:
1, Be reimbursed for all documented allowable costs and expenses incurred in
connection with the Project up to the date of such termination, COUNTY shall be
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FY 06/07 County/City Contract
obligated to compensate CITY only for allowable costs and expenses as
determined by an audit or other monitoring method;
2. Turn over to COUNTY immediately any and all copies of studies, reports
and other data, whether or not completed, prepared by CITY or its subcontractors,
if any, in connection with this Contract. Such materials shall become property of
COUNTY. CITY, however, shall not be liable to COUNTY'S use of incomplete
materials or for COUNTY'S use of completed documents ifused for other than
the services contemplated by this Contract; and
3. Transfer to the COUNTY any CDBG funds on hand and any accounts receivable
attributable to the use ofCDBG funds, All assets acquired with CDBG funds
shall be returned to the COUNTY unless otherwise negotiated by separate
contract per the provisions of the COUNTY CDBG REALLOCA nON
GUIDELINES.
E. Upon termination of this Contract, CITY will immediately provide COUNTY access to
all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to the CDBG entitlement fund granted to CITY pursuant to this Contract.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CITY and COUNTY must comply with all applicable Federal Regulations as detailed by 24 CFR
Part 570, Subpart J, i,e. 570,500 (Definitions), 570.503 (Agreements with Subrecipients),
570,504 (Program Income), and 570.505 (Use of Real Property), with regards to the use and
disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTNITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 85.3:
I. Equipment means tangible, non-expendable, personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more per unit.
2, Title as defined in detail in 24 CFR, Part 85.32 (a).
3. Use as defined in detail in 24 CFR, Part 85.32 <9 (I).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement, Use and Disposition of Real Property as defined in detail by 24
CFR, Part 570.503 (Agreements with Subrecipients), 570,505 (Use of Real
Property), and 570.504 (Program Income).
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FY 06/07 County/City Contract
B, Security Document. As a condition precedent to COUNTY granting funds for the
purchase of real property or an option to purchase real property, CITY will prepare and
require its subreceipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust
and such other Contracts restricting the use of said real property for purposes consistent
with this Comtract, HUD and CDBG requirements.
C. Grants, If a grant is provided for the acquisition ofreal property, CITY will require its
subreceipients(s) to continually operate its Project for a minimum period of six (6) years
from the effective date of this Contract. This obligation will survive the term of Cities
contract with its subreceipient(s), the assignment or assumption of this Contract and the
sale of the property prior to expiration of the obligation period as set forth in this
paragraph, If this obligation is not fully met, CITY may be required to reimburse the
COUNTY, The COUNTY may consider, but will not be limited by, the following factors
in calculating the reimbursement obligation: initial grant sum; the duration of the initial
contractual obligation to operate the Project versus the actual duration of operation; and
the appreciated value.
D. Relocation., Acquisition, and Displacement. CITY agrees to comply with 24 CFR
570.606 relating to the acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to
comply with applicable state laws, County Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
IX. PROGRAM INCOME
Income generated by the Project is Program Income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570,503 "Agreements with Subrecipients,"
and 570.504 "Program Income." In addition, all provisions of the COUNTY REALLOCATION
GUIDELINES apply to this Contract. CITY must quarterly report all program income gcnerated
by activities carried out with CDBG funds made available under this Contract. By way of further
limitations, CITY may use such income during the Contract term for activities permitted by this
Contract and shall reduce requests for additional funds by the amount of any such program
income balances on h,md. All unused program income will be returned to the COUNTY at the
end of the Contract telm with the exception of Rehabilitation Loan payments.
X. INDEPENDENT CONTRACTOR
This is a contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CITY and COUNTY. CITY, including its officers, employees, agents,
independent contractors or subrecipients, will not have any claim arising from the terms of this
Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or
employee benefits (:xtended to employees of COUNTY.
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XI. ASSIGNABILITY
A. None ofthe work or services to be performed hereunder may be assigned, delegated or
subcontracted to third parties without the prior written approval of COUNTY. Copies of
all third party contracts must be submitted to COUNTY at least ten days prior to the
proposed effective date, In the event COUNTY approves of any such assignment,
delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to
be employees of CITY, and CITY will be responsible for their performance and any
liabilities attaching to their actions or omissions.
B. This Contract may not be assumed nor assigned to another CITY, person, partnership or
any other entity without the prior written approval of COUNTY. The use of the word
"employees" in this paragraph is limited solely to activities by those persons described
herein, related to the management and potential repayment of the program funds provided
for in the Contract. The use of the term here does not create liability for personal injuries,
worker's compensation or other forms of liability, obligation or responsibility which flow
from employee/employer relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROGRAM pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant, such
information may be divulged only if permitted by law or as necessary for pUlposes related to the
performance or evaluation of the services and work to be provided pursuant to this Contract, and
then only to persons having responsibilities pursuant to this Contract, including those furnishing
services for the PROGRAM through approved subcontracts.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance
Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents,
and officials, members of boards and commissions, from any and all claims, actions, suits,
charges and judgments whatsoever, with respect to any damages, including attorney's fees and
court costs, arising out of the failure of the CITY's PROGRAM or its subreceipient(s) failure (for
CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including
without limitation those set forth in Exhibit E, "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by COUNTY constitute or be construed to be a waiver by
COUNTY of any breach of the covenants or conditions of this Contract or any default which may
then exist on the part of CITY, and the making of any such payment while any such breach or
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
14
FY 06/07 County/City Contract
default exists will in no way impair or prejudice any right or remedy available to COUNTY with
respcct to such breach or default, In no event will payment to CITY by COUNTY in any way
constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to
CITY on any item which is not eligible for payment from the PROGRAM or this Contract.
XV. NON-DISCRIMINATION
CITY will comply with all applicable Federal, State and local laws and regulations including
Santa Clara County's policies concerning nondiscrimination and equal opportunity in
contracting, Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq,); and California Labor Code sections 11 01 and 1102. CITY will not
discriminate against any subcontractor, employee, or applicant for employment because of age,
race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability,
physical disability" medical condition, political beliefs, organizational affiliations, or marital
status in the recruitment, selection for training including apprenticeship, hiring, employment,
utilization, promotion, layoff, rates of payor other forms of compensation. Nor will CITY
discriminate in provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical
disability, medical condition, political beliefs, organizational affiliations, or marital status,
This non-discrimination provision must be included in CITY's contracts with its subrecipient(s)
and vendors when utilizing the CDBG funds.
XVI. AMENDMENTS
A, Amcndments to the terms or conditions of this Contract must be requested in writing by
an authorized representative of the party desiring amendments, and any amendment will
be effectiv(~ only upon the mutual agreement in writing of the parties hereto.
Amendments will not invalidate this Contract, nor relieve or release the COUNTY or the
CITY from its obligations under this Contract.
B. During the Contract term, CITY may choose to transfer funds within the PROGRAM
described in Exhibits "A through D." Fund transfers exceeding $10,000 as well as new
projects added to CITY's PROGRAM, require COUNTY's approval and may require an
amendment to this Contract.
XVII. INTEGRATED DOCUMENT
This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement,
contains the entire agreement between COUNTY and CITY with respect to the subject matter
hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers
Agreement, with any officer, agent or employee of COUNTY prior or subsequent to execution of
this Contract will affect or modify any of the terms or obligations contained in any documents
comprising this Contract.
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
15
FY 06/07 County/City Contract
XVlII. MISCELLANEOUS
A. The captions and section headings used in this Contract are for convenience ofreference
only, and the words contained therein in no way explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Contract.
B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this
reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit "B"
(Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit
"D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G"
(Insurance), Exhibit "H" (Urban County Rehabilitation Services) if applicable, and
Exhibit "I" (Contracting Principles Declaration).
C. The persons signing below are duly authorized to execute this Contract.
IN WITNESS WHEREOF, the parties have executed this as indicated below,
CITY OF:
COUNTY OF SANTA CLARA:
By:
CITY Manager
By: James T. Beall, Jr.
Date
Print Name
Chair, Board of Supervisors
Date
ATTEST:
ATTEST:
CITY Clerk
Date
Phyllis Perez
Clerk, Board of Supervisors
Date
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM AND
LEGALITY:
CITY Attorney
Date
Leslie Orta
Deputy County Counsel
Date
Print Name
FY 06/07 County/City Contract
JNB/g;g 10/5/06
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
16
FY 06/07 County/City Contract
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2006/2007)
AGENCY DESCRIPTION
DATE
PROJECT #
CONTRACT AGENCY NAME AND ADDRESS:
PROJECT NAME AND ADDRESS:
Telephone
FAX
Executive Director
email.
PROTECT DESCRIPTION
Please specifically desCJibe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
grg/1O/06/06
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EXHIBIT E
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l'~:\ CPMP Non-State Grantee
\~eBI't) Certifications ~
~I)c~
Many elements of this document may be completed
electronicallyl. however a signature must be manually applied and the
document must be submitted in paper form to the Field Office. .
. NON-STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the,
consolidated plan regulations, the juriSdiction certifies that: .
Affirmative:ly Further Fair Housing --- The' jurisdiction will affirmatively further fair housing, whICh
means it willi conduct an ~nalysis of ImpecHments to fair housing choIce within the jUrisdiction, take
appropriate actinns to overcome the effects of any Impediments identified through that analysis, and
maintain records reflecting that analysis and actions In this regard.
Anti-displal:ement and Relocation Plan -- It will comply with the acquisition a'nd relocation
reqUirement, of the Uniform Relocation Assistance and Real Property Acquisttlon Policies Act of 1970, as
amended, and implementing regulations a.t 49 CFR 24; and it ha? in effect and is following a residential
antldisplacement and relocation assistance plan required under section l04(d) of the Housing and
. Comrminlty Dev,=lopment Act of 1974, as amended, In connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug" Free V/orikplace -~ !twill qr will continue to provide a drug-free workplace by:
1. Publishing a statement notifying €.mployees that the unlawful manufactL!re, distribution, dispensing,
possession, or use:of a" controlled substance Is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for vloiation of such prohibition; .
2. Establishing an ongoing drug-free awareness program to infoflll employees about _'
a. The dangers of drug abuse in the Workplace; .'
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug-counseling, rehabilitation, and employee assistance programs;_ and.
d. The ':penalties that may be Imposed upon employees for drug abuse violations occurring In the
workplace;
3. Making It a requirement that each employee to be engoged in the perfomiance of the grant be given'
a copy of thE! statement required by paragraph 1;
4. Notifying the employee In the statement required by paragraph 1 that, as a condition of employment
under thE! grant, !;he employee will _ . ,
. a. Abide by the terms oftbe statement; and
b. Notlf~ the employer tn writing of his or her conviction for a violation of a <:rimlnal drug statute
occurrln!lln the workplace no later than five calendar days after such conviction;
5. Notifying the agency In writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including posltton title, to every grant officer or other
designee on whose grant activity the convicted employee was worktng, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall Include the Identification
number(s) of each affected grant;
6, Taking one. of the fOllowing actions, within 30 calendar days Of receiving notice under subparagraph
4(b), with re5peq: to any employee who Is so convicted _
a. Takln'9 appropriate personnel action against such an employee, up to and Including termtnatlon,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b, Requlrin9 such employee.to participate satisfactorily In a drug abuse assistance or rehabilitation
program approv.ed for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
.7, Makln'9 a 900d faith effort to continue to maintain a drug-free wo'rkplace through Implementation of
paragraphs 1, 2, 3,4, 5 and 6.
CPMP Non-State Grantee Certifications
1
Version 2.0
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Jurisdiction
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Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation ~ It is in full compliance and following a detailed tltizen participation plan that
satisfies the requirements of 24 CFR 91.105,
Community Development Pla.n -- Its consolidated housing and community development plan Identifies
community cfevelopment and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic oPPortunities primarily for persons
of low and moderate Income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It Is following a current consolidated plan (or Comprehensive HOUSing Affordaqtllty
Strategy) that has been approved by HUD, .
. Use of Funds --It has complied with the following criteria:
11. Maximum Feaslbie Priority - With respect to activities expected to be assisted with CDBG funds, It
certifies that It has developed Its Action Plari so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums or
blight. The Actton Plan may also include activities which the grantee certifies are designed to meet
other comlT)unlty development needs .having a particular urgency because existing conditions pose a
serious and hilmedlate threat to the. health or welfare of the community, ,and other financial resources
are not available); . .
12. Overall Benefit - The aggregate use of CDBG funds Including section lOB guaranteed loans during
program year(s). 2006. 2---12-, (a period spedfied by the grantee consisting of one, two, or three
..speclfic consecutive program yearS), shall priflcipally benefit persons ~f low -and moderate income In a
. manner that ensures that at least 70 percent of the amount Is expended for activities that benefit
such persons during the deSignated period;
13. Special Assessments - It will not' attempt to recover any capital costs of public Improvements assisted
with CDBG funds Including Section 108 loan guaranteed funds by assessing any amount against
properties owned and Occupied by persons of low and moderate Income,. Including any fee charged or
assessment made 8.S a condition of obtaining access to such pubUc Improvenients.
. ,
However, If CDBG fund$ are used to pay the proportion of a fee or aSSessment that relates to the
capital costs of public Improvements (aSSiSted In part with CDBG funds) financed from othe. revenue
sources, an assessment or charge may be made against the property with respect to the public
ImprOVements financed by a SOUrce other than CDBG funds.
The jurlsdlctton will not attempt to recover any capital costs of public Improvements assisted with
CbBG funds, Including ~ection lOB, uniess CDBG funds are used to pay the Proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or Charge may be made against the property with respect to the
pUblic ImprovementS financed by a source other than CDBG funds, Also, In the case of properties
owned and occupied by moderate-Income (not low-Income) families, an assessment or charge may be
made against the propertY for public Improvements financed by a SOUrce other than CDBG funds If the
jurlsdlctton 'certifles that It lacks CDBG funds to cover the assessment.
Excessive Force - It has adopted and is enforcing:
14. A policy prohibiting the use of excessive force by law enforcement agencies within Its Jurisdiction
against any Individuals engaged In non-violent civil rights demon$trations; and
15. A policy of enforcing applicable State and local.laws against phYSically barring entrance to or exit from
a facility or location which Is the $ubject of such non-violent civil rights demonstrations within Its
jurisdiction;
CPMP Non-State Grantee Certifications
3
Version 2.0
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. Jurisdiction
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-.>'.-.__c~:~di-.iG(~5:(,~f[h:;,l.bt~~.:,~~""J.:~l~jf)JUr'~.Hl~~;:: _' ~ ":;:-:S-~.-~ -...--.-' :-,"-L-~ -. ~-> >-, . ~ TO ~ '_
''"'-''''_~r_.__ _-_~~ _. __.__ ___ _ ,'" ,_~ _ _ _ ~ _ _ ,_,,~_
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Ba"edRental Assistance --If the participating jurisdictlonintends to provide tenant'based
rental assistance:.
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdictioh'S consolidated' plan for expanding the supply, affordability, and
availability .of decent, saFe, sanitary, and affordable housing,
Eligible Adtivities.and Costs - It Is using and will use HOME funds for eligible activities and costs,as
described In 24 CPR ~. 92.205 through 92.209 and that it is not.using and will not use HOME funds for
prohibited activities, as descrtbed tn ~ 92,214.
~ppropriate Financial Assistance -- before committing any funds to a project, It will evaluate the
project.ln accordance with the guIdelines that It adopts for this -purpose and will not Invest any more
HOME funds In combination wIth other Federal assistance than is necessary to provide affordable housing;
tJL. (lL
~O(..
Date
Signature/Authorized Official
Peter Kutl~, Jr.
.Name
County Executive
Title
I 70 West Hedding Street
Address
I San Jose, CA 95110
City/State/Zip
I (408) 299-5102
Telephone Number
CPMP Non"State Grantee Certifications
6
Version 2.0
-,
.~
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
~I
~...? ~
ORIGINATING DEPT: Public Works
PREPARED BY: lvet: U~f
Iveta Harvancik, Assoc. Engineer
CITY MANAGER:
DEPTHEAD:~c;() .Q~A
Jo n Cherbone, PW Director
SUBJECT: Haymeadow Drive Subdrain Repair - Contract Change Order
RECOMMENDED ACTION(S):
1. Approve Budget Adjustment No.18 to the FY 2006-07 budget and adopt a resolution to
provide additional financing for the contract with Soil Engineering Construction, Inc.
~
REPORT SUMMARY:
Background
As part of the Release and Settlement Agreement dated January 25,2006 between the City of
Saratoga and Cecil R. and Gudrun T. Jones, the City of Saratoga agreed to repair and restore an
existing subdrain underneath Haymeadow Drive. In April 2006, the City Council awarded a
construction contract to Soil Engineering Construction, Inc. in the amount of$189,300 with a
contract change order authority of$18,930.
Discussion
In order to replace the subdrain pipe, a trench three feet wide and up to 20 feet deep was necessary.
In deeper sections, the contractor encountered problems with soil instability and trench caving.
This resulted in additional work not included in the original contract, such as drilling exploratory
borings and construction of an underground twenty-foot deep pier wall to stabilize the downhill
side of the trench.
The contractor submitted three change orders totaling $62,600, which include repair of a water line
failure caused by trench slope instability during excavation.
--
City staff met with the contractor to discuss the change orders item by item. As a result of the
negotiations, the contractor agreed to reduce the total change order amount from $62,600 to
$38,177.
J
In order to provide sufficient funds for the adjusted change orders, an additional change order
amount of$19,247 is required.
....#
Staff recommends approval of this additional amount due to the unforeseen difficulties during
construction.
FISCAL IMPACTS:
Budget Adjustment No. 18 to FY 2006/07 Adopted Budget will need to be approved as follows:
Account Description
Gen Fd-Street Maint-Contract Svcs
Gen Fd-CIP Reserve
Account #
001-3005-532-5241
001-0000-330-4000
Amount
+$19,247
-$19,247
Funding for this amendment to the budget will come from the General Fund CIP Reserve. The
balance of the reserve will be reduced to $74,387 as a result of this amendment.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will not approve additional financing for this project. The Council may direct staff to re-
negotiate the amount of change orders. However, staff believes the change order amount is fair and
reasonable and additional discussion will not result in further lowering the cost to the City. ---
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The City will reimburse the contractor for the work.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Budget Adjustment Resolution.
2. Letter from the contractor, Soil Engineering Construction, Inc. with attached revised
change orders.
..-/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA
FOR FISCAL YEAR 2006-2007 TO PROVIDE ADDITIONAL FINANCING
.FOR THE HAYMEADOW DRIVE SUBDRAIN REPAIR
WHEREAS, on January 25, 2006 the City of Saratoga entered into Release and
Settlement Agreement between the City of Saratoga and Cecil R. and Gudrun T. Jones; and
WHEREAS, per the referenced Agreement, the City of Saratoga agreed to repair and
restore an existing subdrain underneath Haymeadow ; and
WHEREAS, on April 5, 2006, the City Council approved award of construction contract
for the work to Soil Engineering Construction, Inc. in the amount of $189,300 with a contract
change order authority of$18,930; and
WHEREAS, additional financing in the amount of$19,247 is needed for said project;
and
WHEREAS, it is necessary to approve Budget Adjustment No. 18 to Fiscal Year 2006-
07 as follows:
Account Description
Gen Fd-Street Maint-Contract Svcs
Gen Fd-CIP Reserve
Account#
001-3005-532-5241
001-0000-330-4000
Amount
+$19,247
- $19,247
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves Budget Adjustment No. 18 to Fiscal Year 2006-07.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 1st day of November 2006 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
CatWeen Boyer, City Clerk
".-
SARATOGA CITY COUNCIL
MEETING DATE:
November 11, 2006
AGENDA ITEM:
-
ORIGINATING DEPT: Community Development
PREPARED BY:
John F. Livingstone, A1CP
Community Dev. Director
SUBJECT: #07-049/19848 Prospect Road - Application for adoption of a Negative
Declaration and General Plan Amendment for the North Campus
RECOMMENDED ACTION:
The Planning Commission recommends that the City Council adopt the attached resolution
which adopts a Negative Declaration and approves the proposed General Plan Amendment to
change the designation of a City-owned site called the North Campus from Residential Medium
Density Single Farnily M-l 0 to Public Facilities.
---
PROJECT DESCRIPTION:
This project proposes an adoption of a Negative Declaration and approval of a General Plan
Amendment to change the designation of a City-owned site called the North Campus from
Residential Medium Density Single Family M-l 0 to Public Facilities. The project site consists of
two parcels totaling approximately 2.60 acres gross and is bordered by Prospect Road towards
the north, and by residential properties towards the east, west and south. A church sanctuary
building, a school and other ancillary buildings are situated on the site and were constructed in
the 1960s and '70s. In 2002, the site was purchased by the City of Saratoga. As City property,
the administration building on the site has been used for office uses and as a meeting area.
--
In 2005, the City proposed to sell the North Campus along with an approved Tentative
Subdivision Map for nine residential lots. In October of 2005, the Planning Commission
approved the Tentative Map, a Mitigated Negative Declaration and a resolution recommending
City Council approval of a General Plan Amendment to change the designation of this site from
Public Facilities to Residential Medium Density Single Family M-lO for consistency with the
proposed residential use of the site. In January of 2006, the City Council approved an agreement
for the sale of the site to a residential developer. However, a group of concerned citizens began a
petition drive for a referendum on the decision to sell the property to a residential developer. The
City Council decided to preempt the petition drive for a referendum on the sale by placing the
decision as Measure J on the June ballot of this year. A majority of voters decided not to pass
Measure J, which in effect terminated the sale agreement and supported continued City
ownership of the site. Therefore, since a nine-lot residential subdivision is no longer proposed for
this site, a General Plan Amendment is required to revert to the prior General Plan designation of
Public Facilities. This General Plan designation would be consistent with the current status of the
site which will remain under City control as a result of the voters' decision. On September 27,
2006, the Planning Commission adopted a resolution recommending City Council adoption of
the Negative Declaration and approval of the proposed General Plan Amendment.
........
ENVIRONMENTAL DETERMINATION:
The proposed project consisting of a General Plan Amendment is subject to environmental
review under CEQA. An Environmental Initial Study was prepared. After study and evaluation,
staff has determined pursuant to the applicable provisions of the Environmental Quality Act of
1970 that the General Plan Amendment will have no significant effect (no substantial adverse
impact) on the environment within the terms and meaning of said Act.
The environmental document was circulated to various departments and agencies for review, and
was made available for public review from August 25 - September 25, 2006. The following
departments and agencies have received the environmental document for the proposed project:
the State Clearinghouse, City of Saratoga Public Works Department, Santa Clara County Fire
Department, Santa Clara Valley Transportation Authority, California Department of
Transportation, West Valley Sanitation District, SCC Department of Environmental Health,
Pacific Gas and Electric, Santa Clara Valley Water District, San Jose Water Company, Cupertino
Union School District, Native American Heritage Commission, Amah Mutsun Tribal Band,
Indian Canyon Mutsun Band of Costanoan, Ohlone Indian Tribe. No written comments were
received during the review period.
--
GENERAL PLAN AMENDMENT:
Generally, local govemments may not amend the General Plan more than four times in one
calendar year. There are a few exceptions allowed in instances of affordable housing,
compliance with a court decision, etc. The proposal is the first General Plan Amendment request
of the 2006 calendar year. Therefore, the proposal is in compliance with the State of California's
General Plan Guidelines and Government Code Section 65358(b).
Applicable General Plan Sections
The Public Facilities General Plan designation allows institutional uses under government
control (other than school districts) that provide a public service. For example, sites with the
Civic Center, the Community Library, and fire stations are included in this designation.
Allowable building intensity varies and is governed by the Zoning Ordinance. Staff has
researched the following General Plan goals and policies statements for the City Council to
consider prior to taking action on the proposed project:
General Plan Goals, Policies and Implementation Measures
LU.8.0 Affirm that the City shall continue to be predominantly a community of single-
family detached residences.
--
20f4
Proposed Carnelian Glen
Landscape and Lighting District Zone
territory proposed to be annexed into said assessment district;
b) an estimate of the costs of said proposed new improvements to be made, the
costs of maintenance or servicing, or both, thereof, together with the incidental
expenses in connection therewith;
c) a diagram showing the exterior boundary of the territory proposed to be
annexed into said assessment district and the lines and dimensions of each lot or
parcel of land within said territory as such lot or parcel of land is shown on the
Santa Clara County Assessor's map for the fiscal year to which the report applies,
each of which lots or parcels of land shall be identified by a distinctive number or
letter on said diagram; and
d) a proposed assessment of the total amount of the estimated costs and expenses
of the proposed new improvements, including the maintenance or servicing, or
both, thereof, upon the several lots or parcels ofland in said territory proposed to
be annexed in proportion to the estimated particular and distinct benefits to be
received by each of such lots or parcel of land, respectively, from said
improvements, including the maintenance or servicing, or both, thereof, and of the
expenses incidental thereto.
WHEREAS, The Office of the Engineer of said City be, and is hereby,
designated as the office to answer inquiries regarding any protest proceedings to be had
herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale
Avenue, Saratoga, California 95070 or by calling (408) 868-1274.
BE IT RESOLVED, the above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on 1st day of November 2006 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
Cathleen Boyer, City Clerk
RESOLUTION NO.
A RESOLUTION DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT FOR
FISCAL YEAR 2007/2008
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-I
ANNEXATION NO.1
(Carnelian Glen)
WHEREAS, The City Council did, pursuant to the provisions of the Landscaping
and Lighting Act of 1972, Part 2, Division 15 ofthe Streets and Highways Code ofthe
State of California, conduct proceedings for the formation of the City of Saratoga
Landscaping and Lighting Assessment District LLA-I and for the levy and collection of
assessments for fiscal year 1980 - 1981, and did, on June 18, 1980, pursuant to
proceedings duly had, adopt its Resolution No. 950-D, a Resolution Overruling Protests
and Ordering the Formation of an Assessment District and the Improvements and
Confirming the Diagram and Assessments; and
WHERlIi.:AS, The public interest, convenience and necessity require, and it is the
intention of said Council to undertake proceedings for the levy and collection of
assessments upon the several lots or parcels of land within the territory generally
identified on the map attached hereto and which are proposed to be annexed into said
District, for the construction or installation of improvements, including the maintenance
or servicing, or both, thereof, for the fiscal year 2007 -08; and
WHERlii:AS, The improvements to be constructed or installed, including the
maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A"
hereto attached and by reference incorporated herein; and
WHERlii:AS, The Costs and expenses of said improvements, including the
maintenance or servicing, or both, thereof, are to be made chargeable upon the lots within
the territory proposed to be annexed into said District, the exterior boundary of which is
the composite and consolidated area as more particularly shown on a map thereof on file
in the office of the Clerk of the City of Saratoga to which reference is hereby made for
further particulars. Said map indicates by a boundary line the extent of the territory
proposed to be annexed into said District and shall govern for all details as to the extent
of the assessment district, and the proposed annexation; and
WHEREAS, The Engineer of said City be, and is hereby, directed to prepare and
file with said Clerk a report, in writing, referring to the proposed annexation by its
distinctive designation, specifying the fiscal year to which the report applies, and, with
respect to that year, presenting the following:
a) plans and. specifications for proposed new improvements to be made within the
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property
owners as required by law. Additionally, notices will be published in the Saratoga News as
required.
ATTACHMENTS:
1. Resolution.
2. Proposed Carnelian Glen LLAD Zone Map.
.--
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
CITY MANAGER: 67 Y ~
DEPTHEAD: ~QQO.A~
J n Cherbone, PW Director
-o'-j-
ORIGINATING DEPT: Public Works
PREPARED BY: _ /W tr.. 4
Iveta Harvandk, Assoc. Engineer
SUBJECT: Resolution Describing Improvements and Directing Preparation of Engineer's
Report for Fiscal Year 2007/08 Landscaping and Lighting Assessment District
Annexation No.1 (Carnelian Glen)
RECOMMENDED ACTION(S):
Move to adopt Resolution.
REPORT SUMMARY:
Background
Lansdcaping, irrigation and pedestrian pathway improvements at Highway 9 and Carnelian Glen
was a condition of approval of a 5-lot subdivision on Carnelian Glen. The work was delayed
because of the lengthy process of undergrounding existing overhead utilities in the area that was
also a subdivision condition. The undergrounding work is now complete and the developer of the
referenced subdivision is ready to install the rest of the required improvements.
Discussion
The landscape area is located within Caltrans right-of-way. Caltrans requires the City to be
responsible for maintenance of improved areas along Highway 9 via a Landscape Maintenance
Agreement.
One alternative to assure proper upkeep of the area is to establish a Landscape and Lighting
District (LLAD) Zone. Some of the benefits of a LLAD Zone are: I) maintenance contracts are
administered by one entity, in this case the City, 2) landscaping is maintained at a consistent level,
and 3) costs are normalized and reduced through economies of scale. There are 23 other Zones
throughout the City.
.--
.
.
Creating a LLAD Zone at Carnelian Glen will set up a cost-effective mechanism to pay for the
ongoing maintenance of the landscaping and pathway. It is proposed that the cost of maintaining
the landscaping and pathway be spread equally to all properties at Carnelian Glen. The estimated
cost for maintenance is approximately $3,000 per year, which is $150 per year per each of the 20
properties in the proposed Zone.
---
Preliminary discussions with Carnelian Glen area residents indicate support to move forward with
the creation of a new Zone. To accomplish this, it is first necessary to annex the properties
benefiting from the project into the City's LLAD. To begin the annexation process, it is necessary
for the City Council to adopt attached Resolution, which describes the project in general terms and
directs the preparation of an "Engineer Report" which defines the project in much greater detail
including an itemization of costs and a calculation of the assessments. Once the Engineer's Report
is preliminarily approved by the City Council, a balloting process following the requirements of
Proposition 218 will occur, after which it will be determine whether the annexation of the
properties into the District and collection of assessments can occur. Given the past success with
these types of projects in other parts of the City, it is recommended that the Council adopt the
Resolution at this time to begin the annexation process.
FISCAL IMPACTS:
The costs associated with administering the Landscaping and Lighting Assessment District are
recovered via the assessments levied against the properties, which receive special benefit from the
services provided through the District.
...,,/
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution will not be adopted and the annexation process will not commence.
ALTERNATIVE ACTION(S):
Other options that do not include the formation of a LLAD Zone to pay for maintenance costs
include:
I. The City will maintain the landscaped area at its own cost.
2. The City will instruct the developer not to install the landscape improvements and the area
will remain unimproved.
FOLLOW UP ACTION(S):
If Council so directs, staff will proceed with annexation proceedings required per the rules of
Proposition 218 and bring back the required resolution to City Council for adoption.
...,,/
RESOLUTION
A RESOLUTION OF CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A NEGATIVE DECLARATION AND AMENDING THE
LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE
LAND USE DESIGNATION OF APN 386-26-070 & 071 FROM
RESIDENTIAL MEDIUM DENSITY SINGLE FAMILY M-lO TO
PUBLIC FACILITIES
North Campus -19848 Prospect Rd.
Negative Declaration and General Plan Amendment
WHEREAS, the City of Saratoga has requested consideration of a Negative
Declaration and General Plan Amendment for a City-owned property called the North
Campus located at 19848 Prospect Road and consisting of two parcels with APN 386-26-
070 & 071. The General Plan Amendment proposes to revert to the prior General Plan
designation of Public Facilities from the current designation of Residential Medium Density
Single FamilyM-10; and
WHEREAS, the City Council held a duly noticed Public Hearing at which time all
interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration
were available for public review from August 25, 2006 through September 25, 2006 and
copies of said documents were routed to the State Clearinghouse. No comments were
received; and
WHEREAS, the City Council has reviewed the Initial Study and Negative
Declaration and has determined that this application for a General Plan Amendment
could not have a significant effect of the environment; and
WHEREAS, the City Council has determined that the proposed General Plan
Amendment is consistent with the following goals and policies of the City of Saratoga
General Plan:
LU.8.0 Affirm that the City shall continue to be predominantly a community of
single-family detached residences.
The proposed General Plan Amendment is consistent with this Goal
in that there is no new impact on the surrounding single-family
residences. This General Plan Amendment reverts to the prior
General Plan designation of the site for the purpose of maintaining
cousistency with the existing use as a City-owued property. No uew
development on the site is proposed at this time.
The proposed General Plan Amendment is consistent with this Goal in that
then: is no new impact on the surrounding single-family residences. This
General Plan Amendment reverts to the prior General Plan designation of
the site for the purpose of maintaining consistency with the existing use as a
City..owned property. No new development on the site is proposed at this
time..
Area Plans, Housing Element
The twelve Area Plans (A-L) located in the Housing Element of the General Plan are
meant to guide future development. The subject property is located in Area D. This area
is identified as a predominantly single family residential area.
The proposed General Plan Amendment does not have any impact on the number of
existing single family residences in Area D.
PUBLIC NOTICIC:
Notice of this hearing was placed in the October 18, 2006 issue of Saratoga News, sent to
property owners within 500 feet of subject property and sent to interested parties as shown in the
attached mailing labels. No written comments from the public have been received to date.
FISCAL IMPACT:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The General Plan designation of Residential Medium Density Single Farnily M-IO would be
inconsistent with existing status of the site as a City-owned facility.
ALTERNATIVES:
Deny the application.
FOLLOW-UP ACTIONS:
Revise the General Plan Land Use Map.
ATTACHMENTS:
1. Draft resolution adopting the Negative Declaration and approving the General Plan
Amendment.
2. Minutes from the Planning Commission meeting of 9/27/06 and Resolution 07- 016
recommending approval of the Negative Declaration and the General Plan
Amendment.
30f4
3. Public Notice and Notice of Intent to Adopt a Negative Declaration, Initial Study, and
Negative Declaration.
4. Public Hearing Notice, Affidavit of Mailing Notices and Mailing Labels.
4of4
Area Pilans. Housing Element
The twelve Area Plans (A-L) located in the Housing Element of the General Plan
are meant to guide future development. The subject property is located in Area D.
This area is identified as a predominantly single family residential area.
The pr'oposed General Plan Amendment does not have any impact on the
number of existing single family residences in Area D.
Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve
as follows:
A. With respect to the requirements of the California Environmental Quality Act
and based on the information in the staff report for this matter the City Council
hereby finds and determines that:
1. Notice of the hearing on the Initial Study and Negative Declaration [ND] was
given as required by law and the actions were conducted pursuant to CEQA and
the CEQA Guidelines; and
2. All Interested Parties desiring to comment on the ND were given the
opportunity to submit oral and written comments on the adequacy of the ND prior
to this action by the City Council; and
3. No comments were made during the public comment period and all
comments made at the public hearings on the ND were responded to adequately;
and
4. The City Council was presented with and has reviewed all of the information
in the administrative record; and
5. The ND has been completed in compliance with the intent and requirements
of CEQA and the CEQA Guidelines, and the ND represents the City Council's
independent judgment. The City Council has considered the information
contaim:d in the ND and the record in considering the General Plan Amendment;
and
6. Based on the entire record of this matter, there is no evidence that the
General Plan Amendment may have a significant effect on the environment; and
7. The documents constituting the record of proceedings upon which this
decision is based are located in the City of Saratoga Department of Community
Developm(:nt and are maintained by the Director of that Department; and
8. There is no evidence before the Community Development Department that
the proposed proj ect will have any potential for adverse effects on wildlife
resources, as defined in Section 711.2 of the Department ofFish and Game Code;
and
B. With respect to the proposed General Plan Amendment, after careful consideration of
all testimony and related information the City Council of the City of Saratoga does
hereby approve the proposed General Plan Amendment to change the current land use
designation of parcels with APN 386-26-070 & 071 at 19848 Prospect Road from
Residential Medium Density Single Family M-lO to Public Facilities.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 1st day
of November 2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
Saratoga Planning Commission Minutes for September 27,2006
Page 11
. Said it is ludicrous to say the sign is not in proportion for its square footage.
. Said the findings can be made to support this request.
Commissioner Hlava:
. Said she hopes this new sign will be the end for the deli's use of impromptu signs although
she can appreciate why they have needed them. This becomes a compliance issue for
Code Enforcement.
. Stated that this is an attractive monument sign and she is looking forward to seeing it in
place.
Commissioner Hunter said that this sign is great and she is pleased to have it. It looks good.
Commissioner Nagpal said that the sign is completely appropriate. She added that there are
businesses there that she did not even know existed. This is good for the Village.
Motion:
Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal,
the Planning Commission adopted a Resolution approving a Sign Permit
(Application #05-220) to construct a freestanding multi-tenant
identification sign at Plaza Del Roble, on property located at 14567 Big
Basin Way, by the following roll call vote:
AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
.*.
PUBLIC HEARING - ITEM NO.2
APPLICATION 07-049 (386-26-070 & 386-26-071) NORTH CAMPUS, 19848 Prospect
Road: The proposed project consists of a General Plan Amendment and Negative
Declaration to revert to the previous General Plan designation of Public Facilities from the
current General Plan designation of Residential. Development, or change of use, is not
proposed at this time. (John Livingstone)
Director John Livingstone presented the staff report as follows:
. Reminded that in 2005, the City proposed to sell the site known as the North Campus and
approved a Tentative Subdivision Map to allow nine residential lots. This project required
a General Plan Amendment to change the General Plan designation to Residential.
. Reported that a group of concerned citizens started a petition against this proposal that
became Measure J. Measure J passed and the City elected to keep the North Campus as
City property for public use.
. Explained that tonight the Commission is being asked to reverse the process and return
the General Plan designation to Public Facilities.
. Said that the project meets the required findings.
. Recommended that a Resolution be adopted approving the Negative Declaration and
recommending the General Plan Amendment.
Saratoga Planning Commission Minutes for September 27,2006
Page 12
Commissioner Hlava said that returning the General Plan to Public Facilities is something she
has no problem with supporting. She asked staff if the future General Plan changes in the
technical update would still include the Public Facilities zoning designation.
Director John Livingstone explained that there would be a hybrid zone. He added that since
Measure J was a citywide vote it is important to keep this process for the North Campus on a
separate track and move this forward on to Council.
Commissioner Hlava said it does not make sense to her and asked if Measure J requires that
the General Plan designation be changed back.
Director John Livingstone said that if the property is not to become a residential subdivision
but rather stay City-owned property, the zoning should reflect its actual use.
Commissioner Hlava said it seemed that the three current public facility designations should
be merged into one such category. The City should use just one of its allowed General Plan
Amendments rather than having to rezone it again later.
Director John Livingstone said that the City typically sees only one General Plan Amendment
a year. It is rare.
Commissioner Hunter asked why not rezone to C-F (Community Facilities) instead of P-F
(Public Facilities).
Commissioner Nagpal cautioned that at this time it is not yet known what changes there
ultimately might be to the zoning classifications.
Commissioner Hunter expressed support for returning the General Plan designation to what it
was prior to the change to Residential.
Director John Livingstone reminded that the General Plan Update process could end up taking
anywhere between six months and two years time.
Commissioner Nagpal asked if this is the first use of a General Plan Amendment for this
calendar year.
Director John Livingstone replied yes.
Commissioner Nagpal pointed out that the year is already into late September.
Director John Livinflstone reminded that there were a couple of clean ups initiated by
homeowners in November 2005.
Chair Rodgers added that if the three Public Facilities designations end up consolidated
through the Generall::Jlan Update that action would automatically include this property.
Saratoga Planning Commission Minutes for September 27.2006
Page 13
Commissioner Kundtz said that this action could be delayed.
Commissioner Hlava said no. There are people who are concerned about this so it is okay
with her to revert to the P-F designation.
Chair Rodgers opened the Public Hearing for Agenda Item NO.2.
Ms. Kathleen Casey:
. Stated that the rezoning of the North Campus was done ahead of its time and was a
waste of time.
. Reminded that Council had been begged by citizens to not turn this property into
residential use as there was overwhelming public support to keep it for public use.
. Said that she would like to see a calendar of all City events that includes all meetings
such as Planning Commission, City Council and Recreation.
. Said that when she looks at the City's website she believes it needs change.
. Suggested that the Commission wait to act until the next Council comes along. Don't
rush to judgment but rather wait until after the November election. This decision can
be delayed.
. Asked that the community be allowed to decide what it wants on the North Campus
and wait for the new General Plan.
Commissioner Nagpal asked if Ms. Kathleen Casey does not support returning the site to
public facilities use.
Ms. Kathleen Casey said she does support the P-F designation but no changes
otherwise.
Chair Rodgers closed the Public Hearing for Agenda Item No.2.
Commissioner Nagpal said she is normally concerned about General Plan Amendments
but as this case is simply putting something back to where it started she will support this
action.
Motion:
Upon motion of Commissioner Nagpal, seconded by Commissioner
Kundtz, the Planning Commission adopted a Resolution recommending
Council approve a General Plan Amendment and Negative Declaration to
revert to the previous General Plan designation of Public Facilities from
the current General Plan designation of Residential for the North Campus,
on property located at 19848 Prospect Road, by the following roll call vote:
AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO.3
Resolution No. 07-016
Application No. 07-049
City of Saratoga Planning Commission
State of California
North Campus -19848 Prospect Rd.
Negative Declaration and General Plan Amendment
WHEREAS, the City of Saratoga Planning Commission has received a request to consider a
Negative Declaration and General Plan Amendment for a City-owned property called the North
Campus located at 19848 Prospect Road and consisting of two parcels with APN 386-26-070 &
071. The General Plall Amendment proposes to revert to the prior General Plan designation of
Public Facilities from the current designation of Residential Medium Density Single Family M-10;
and
WHEREAS" the Planning Commission held a duly noticed Public Hearing at which time aU
interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS" arllnitial Study and a Notice of Intent to adopt a Negative Declaration were
available for public review from August 25, 2006 through September 25, 2006 and copies of said
documents were routed to the State Clearinghouse. No comments were received; and
WHEREAS,. the Planning Commission has reviewed the Initial Study and Negative
Declaration and has determined that this application for a General Plan Amendment could not
have a significant ,effect of the environment; and
WHEREAS, the Planning Commission has determined that the proposed General Plan
Amendment is consistent with the following goals and policies of the City of Saratoga General
Plan:
LU.8.0 Affilm that the City shall continue to be predominantly a community of single-
family detached residences.
The proposed General Plan Amendment is consistent with this Goal in that
there is no new impact on the surrounding single-family residences. This
General Plan Amendment reverts to the prior General Plan designation of
the site for the purpose of maintaining consistency with the existing use as a
City-owned property. No new development on the site is proposed at this
time.
Area Plans, Housing Element
The twelve Area Plans (A-L) located in the Housing Element of the General Plan are
meant to guidl: future development. The subject property is located in Area D. This area
is identified as a predominantly single family residential area.
The proposed General Plan Amendment does not have any impact on the number of
existing single family residences in Area D.
Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby
resolve as follows:
A. With respect to the requirements of the California Environmental Quality Act and
based on the information in the staff report for this matter the Planning Commission
hereby finds and determines that:
1. Notice of the hearing on the Initial Study and Negative Declaration [ND] was given
as required by law and the actions were conducted pursuant to CEQA and the CEQA
Guidelines; and
2. All Interested Parties desiring to comment on the ND were given the opportunity to
submit oral and written comments on the adequacy of the ND prior to this action by the
Planning Commission; and
3. No comments were made during the public comment period and all comments made
at the public hearings on the ND were responded to adequately; and
4. The Planning Commission was presented with and has reviewed all of the
information in the administrative record; and
5. The ND has been completed in compliance with the intent and requirements of
CEQA and the CEQA Guidelines, and the ND represents the Planning Commission's
independent judgment. The Planning Commission has considered the information
contained in the ND and the record in considering the General Plan Amendment; and
6. Based on the entire record of this matter, there is no evidence that the General Plan
Amendment may have a significant effect on the environment; and
7. The documents constituting the record of proceedings upon which this decision is
based are located in the City of Saratoga Department of Community Development and
are maintained by the Director of that Department; and
8. There is no evidence before the Community Development Department that the
proposed project will have any potential for adverse effects on wildlife resources, as
defined in Section 711.2 of the Department ofFish and Game Code; and
9. The Planning Commission accordingly recommends that the Saratoga City Council
adopt the Negative Declaration.
B. With respect to the proposed General Plan Amendment, after careful consideration of
all testimony and related information the Planning Commission of the City of Saratoga
does hereby recommend that the City Council of the City of Saratoga approve the
proposed General Plan amendment
PASSED AND ADOPTED by the City of Saratoga Planning Conunission, State of California,
September 27, 2006 by the following roll call vote:
A YES: CAPPELLO, HLA VA, HUNTER, KUNDTZ, NAGP AL, RODGERS, ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Linda R. Rodgers
Chair, Planning Commission
ATTEST:
a/~~'
C/ ohn . ingstone, A1CP
Secretary to the Planning Commission
1~J1~~@11 ~~GJr@@&
131'77 FRUlTVALE AVENUE. SARATOGA, CALIFORNIA 950.70. . (40.8) 868-120.0.
PROJECT TITLE::
General Plan Amendment
COUNCIL MEMBEI~S;
Aileen Kao
Kathleen King
Norman Kline
Nick Streit
Ann Waltonsmith
Incorporated October 22, 19:;6
PUBLIC NOTICE AND NOTICE OF INTENT
TO ADOPT A NEGATIVE DECLARATION
PROJECT LOCATION:
19848 Prospect Rd.
Saratoga, CA 95070.
Santa Clara County
PROJECT APPLICANT:
City of Saratoga
PROJECT CONTACT PERSON:
Therese Schmidt, AICP
ADDRESS:
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 950.70
TELEPHONE:
408-868-1230
PUBLIC HEARING:
September 27, 20.0.6 (Planning Commission)
PUBLIC REVIEW PERIOD:
August 25 - September 25, 200.6
PROJECT DESCRlPTION: The proposed project consists of a General Plan Amendment to revert to
the previous General Plan designation of Public Facilities from the current General Plan designation of
Residential. Development, or change of use, is not proposed at this time.
NOTICE IS GIVEN THAT a proposed Negative Declaration of Environmental Significance has been
prepared for the project. The Initial Study and proposed Negative Declaration certifY that the City of
Saratoga has detenninecl that no significant environmental impacts are anticipated to be associated with
the project. Copies of the Initial Study and proposed Negative Declaration are available for review at the
City of Saratoga Community Development Deparljnent, 13777 Fruitvale Avenue. You may also call the
phone number listed above if you have any questions, or to request a copy of the proposed Negative
Declaration. The 30.-day public review period ends at 5:0.0. p.m., September 25, 20.06. All comments
must be in writing and received by this time. Comments should be sent to: Community Development
Department, 13777 Fruitvale Avenue, Saratoga, CA 950.70.; Attn. Therese Schmidt; or faxed to: (40.8)
867-8555.
NOTICE IS FURTHER GIVEN THAT a public hearing to consider the Negative Declaration and the
General Plan Amendment will be scheduled for the September 27, 20.06, Planning Commission hearing.
All interested parties are encouraged to attend and be heard. The City of Saratoga will send out an
announcement to property owners within 50.0. feet of the subject site and will post it on its Web site. To
. confirm the meeting dlate and time please visit the City's Web site or call (40.8) 868-1230..
INITIAL STUDY
NORTH CAMPUS GENERAL PLAN AMENDMENT
AT 19848 PROSPECT ROAD
SARATOGA, CA
August 2006
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
07-049: General Plan Amendment
North Campus Inilia.! Study
August 2007
INITIAL STUDY FOR GENERAL PLAN AMENDMENT
FOR
NORTH CAMPUS, AT 19848 PROSPECT ROAD IN SARATOGA
Introduction:
Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines
(Title 14, California Code of Regulations, Sections 15000 et seq.), an Initial Study is a
preliminary environmental analysis that is used by the lead agency as a basis for determining
whether an Envirournental Impact Report (EIR), a Mitigated Negative Declaration (MND), or a
Negative Declaration (ND) is required for a project. In accordance with the CEQA Guidelines,
this Initial Study contains a project description, description of environmental setting,
identification of environmental effects by checklist (or similar form) explanation of
environmental effects, discussion of mitigation for significant environmental effects if
applicable, evaluatJlon of the project's consistency with existing, applicable land use regulations,
and the names of the person( s) who prepared the study.
Public and Agency Review:
This Initial Study will be circulated for public and agency review from August 25 to September
25.2006. Copies of this document are available for review at the following locations:
Saratoga Planning Offices
Comments on this Initial Study must be in writing and received by 5 p.m. on September 25, 2006
and sent to:
Therese M. Schmidt, AICP
Associate Planner
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Project Approvals Rt~quired:
List of Citv Approvals Needed: General Plan Amendment to change the land use designation
from Residential to Public Facilities.
List of Other AgencyJ\Pprovals Needed: None.
2
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Project Description
Project Location and Existing Land Uses
The project site consists of two parcels (Assessor's Parcel Numbers 386-26-070 and 386-26-071)
totaling approximately 2.60 acres.. The site is located in the northeastern part of the City at the
northern City limit, adjacent to the City of San Jose. The site is located along Prospect Road and
is bordered on the north by Prospect Road and on the west, south, and east by existing residential
properties. The Blue Hills Elementary School, Azule Park, and Kevin Moran Park are located
within one quarter mile and McAuliffe Elementary School is located within one half mile from
the project site.
The project site was historically in agricultural production, primarily orchards. A church
sanctuary building, a school, and other ancillary buildings were constructed in the 1960s and
1970s. In 2002, the project site was purchased by the City of Saratoga. Since that time, the
Administration Building has been used for office uses and meeting space. Other buildings at the
project site have remained vacant due to concerns regarding seismic safety and compliance with
the Americans with Disabilities Act.
Environmental Setting
The project site is developed and contains four buildings, a storage shed, and parking areas along
Prospect Road and on the southern portion of the site. The buildings are comprised of the
following:
. A single-story, wood and stucco former school building, approximately 1,900 square feet,
located on the northwestern portion of the site.
. A single story wood frame and stucco administration building, approximately 2,730
square feet, located immediately south of the school building.
. A wood-frame and stucco former church sanctuary building, approximately 2,430 square
feet, located on the northeastern portion of the site.
. A single-story wood former fellowship hall building, approximately 3,560 square feet,
located south ofthe Sanctuary.
. A small playground area is located south of the school building.
. A shed located east of the sanctuary building.
All of the buildings are currently vacant except for storage of furniture.
3
07-049: General Plan Amendment
North Campus Initial Study
August 2007
The terrain on the site is level, approximately 280 feet above sea level with slopes of
approximately 1.4%. The closest surface water bodies to the project site are Calabazas and
Saratoga Creeks, located approximately three-quarters of a mile west and east of the project site,
respectively. Vegetation at the project site consists of ornamental landscape grasses, trees and
other ornamentall,IDdscaping.
The site contains 58 trees ofa size subject to the City of Saratoga's Tree Ordinance and
Subdivision Ordin,IDce. The trees comprise 14 different species and are in varying states of
health.
General Plan and Zoning Designation
The site is designated as Residential in the Saratoga General Plan and is zoned R-I-I 0,000 in the
Saratoga Zoning Ordinance, which allows for medium-density residential development.
The site's General Plan Designation was amended in 2005 from Public Facilities to Residential
to allow for a proposed residential project, which was ultimately denied through the referendum
process.
Proposed Project
The proposed proj(:ct consists of a General Plan Amendment to revert to the previous General
Plan desiguation of Public Facilities from the current General Plan designation of Residential.
Development, or change of use, is not proposed at this time.
Zoning Consisten,:y
The Public Facilities General Plan land use designation would allow institutional uses under
government control (other than school districts) that provide a public service including, but not
limited to, the Civic Center, the Community Library, and two fire stations. Allowable building
intensity varies and is governed by the zoning ordinance. The parcel is zoned R-I-10,000
Medium-density Residential, which conditionally allows institutional uses through the Use
Permit process; therefiJre, a Zoning Amendment is not required.
Design Guidelines
Design Review is not required at this time; however, if and when a project is proposed the
proj ect may require Design Review approval.
Utilities
The project site is served by existing power, water supply mains, and sewer system mains located
within the Prospect Road right-of-way or within existing utility easements along the east, west,
and south sides ofthe property.
4
07-049: General Plan Amendment
North Campus Initial Study
August 2007
INITIAL STUDY CITY OF SARATOGA
1. Project Title:
Application Number 07-049 - General Plan Amendment at 19848 Prospect Road
2. Project Location:
19848 Prospect Road in Saratoga, California: Assessor's Parcel Numbers 386-26-070
and 386-26-071.
3. Lead Agency Name and Address:
City of Saratoga, Community Development Department, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
4. Contact Person & Phone Number:
Therese M. Schmidt, Associate Planner, 408-868-1230.
5. Project Sponsor's Name and Address:
City of Saratoga, Community Development Department, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
6. General Plan Designation:
Residential.
7. Zoning:
R-I-IO,OOO Medium-density Residential.
8. Description of Project:
General Plan Amendment to change the Land Use Designation from Residential to
Public Facilities.
9. Surrounding Land Uses and Setting:
Residential.
5
07-049: General Plan Amendment
North Campus Initial Study
August 2007
10. City Approvals Required:
General Plan Amendment.
11. Other Agency Approvals Required:
None
6
07-049: General Plan Amendment
North Campus Initial Study
August 2007
ENVIRONMENTAL F ACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant hnpact" as indicated by the checklist on the following
a es.
o Aesthetics
o Biolo ical Resources
o Hazards & Hazardous
Materials
o Mineral Resources 0
o Public Services 0
o Utilities / Service S stems 0 Mandato
DETERMINATION (To be com leted b
On the basis of this initial evaluation:
o
o
o
A . culture Resources
Cultural Resources
Hydrology / Water Quality
o
Air uali
Geolo / Soils
Land Use / Planning
o
o
o Po ulation / Housin
o Trans ortation / Traffic
ificance
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be r. ared.
I find that although the proposed project COULD have a significant effect
on the environment, there WILL NOT be a sigIrificant effect in this case
because revisions in the project have been made by or agreed to by the
a Jicant. A MITIGATED NEGATIVE DECLARATION will be re ared.
I find that the proposed proj ect MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is re uired.
I find that the proposed project MAY have a "potentially sigIrificant
impact" or "potentially sigIrificant unless mitigated impact" on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMP ACT REPORT is
re uired, but it must anal e onl the effects that remain to be addressed.
I find that although the proposed project could have a sigIrificant effect on
the environment, because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR or Negative Declaration pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to
an earlier EIR, including revisions or mitigation measures that are
im osed u on the ro osed ro' ect, nothin further is re uired.
x
sr~
Date
)
Jo
y
7
07-049: General Plan Amendment
North Campus Initial Study
August 2007
I. AESTHETICS:
Would the proj,
a) Have a subs
b) Substantiall
not limited t
buildings w
c) Substantiall
quality ofth
d) Create a ne'
would adver
area?
:ct:
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
.tial adverse effect on a scenic vista? X
amage scenic resources, including, but X
trees, rock outcroppings, and historic
n a state scenic highway?
egrade the existing visual character or X
ite and its surroundings?
Jurce of substantial light or glare which X
y affect day or nighttime views in the
tan
yd
0,
lthl
yd
es
II Sl
sel
Discussion:
The Project site is surrounded by existing residential subdivisions on the west, south and east and
bordered by Prospect Road, a four-lane major arterial road, on the north. Views in the general
area are views of d(:veloped residential and commercial areas within the City of Saratoga. The
proposed General Plan Amendment would not alter the existing views because development is
not proposed at this time.
a-d) No Impact: The project site is not part of any scenic vista or within the view shed of a
state scenic highway. Alteration of the existing views is not proposed; therefore, there
will not be a new source of light or glare nor will the existing visual character be
substantially dl:graded.
II. AGRICULTURAl
In determining whe
are significant envil
refer to the Califorr
Site Assessment M,
Department of Con'
assessing impacts 0
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
~ RESOURCES
ther impacts to agricultural resources
'onmental effects, lead agencies may
,ia Agricultural Land Evaluation and
Jdel (1997) prepared by the California
versation as an optional model to use in
n agriculture and farmland. Would the
8
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Imoact Imoact
project:
a) Convert Prime Farmland, Unique Farmland, or X
Farmland of Statewide Importance (Farmland) to non-
agricultural use? (the Farmland Mapping and
Monitoring Program of the California Department of
Conservation maintains detailed maps of categories of
farmland)
b) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
c) Involve other changes in the existing environment X
which, due to their location or nature, could
individually or cumulatively result in loss of Farmland,
to non-agricultural use?
Discussion:
The Project site has a City of Saratoga General Plan designation of Residential and is zoned R-I-
10,000, which allows for medium-density residential uses. The site does not include agricultural
or farmlands.
a-c) No Impact: The Project site is currently developed with a church building, parking
lot and ancillary buildings, is not used as farmland, and is not under a Williamson Act
contract. There are no important farmlands or agricultural resourc:es on, or adj acent
to, the Project site. The proposal does not include development or change of the
existing use; therefore, no impacts to farmland would occur as a n~sult of this Project.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Imoact
III. AIR QUALITY
Where available, the significance criteria established by the
applicable air quality management district or air pollution
control district may be relied upon to make the following
determinations: Would the project:
a) Conflict with or obstruct implementation of annlicable X
9
07-049: General Plan Amendment
North Campus Initial Study
August 2007
air quality plm
b) Violate any ail
substantially t<
violation?
c) Result in a cun
any criteria po
non-attainnlen
ambient air qu
emISSIOns whi(
ozone precursc
d) Expose sensiti
concentrations
e) Create objectic
number of 1'eo
Discussion:
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incomorated ImDact Imoact
IS?
. quality standard or contribute X
) an existing or projected air quality
aulatively considerable net increase of X
llutant for which the project region is
Ie under an applicable federal or state
ality standard (including releasing
:h exceed quantitative thresholds for
,rs)?
ye receptors to substantial pollutant X
?
>nable odors affecting a substantial X
pie?
The Project site lies within the jurisdiction of the Bay Area Air Quality Management District
(BAAQMD). Bay .Area Air Quality Management District CEQA Guidelines require evaluation
of any proposed projects that would involve a substantial change of use or extensive
development.
a-e) No Impact: The proposal does not include development or change of the existing
use; therefore, no impacts to air quality would occur as a result of this Project.
IV. BIOLOGICAL RE
Would the project:
a) Have a substan
through habitat
as endangen~d,
of the Californi
or 670.5) or in .
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated ImDact Imoact
SOURCES
tial adverse impact, either directly or X
modifications, on any species identified
rare, or threatened, as listed in Title 14
a Code of Regulations (sections 670.2
Title 50, Code of Federal Regulations
10
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Imoact Incoroorated Imoact Imoact
(sections 17.11 or 17.12)?
b) Have a substantial adverse impact, either directly or X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by
the California Department ofFish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse impact on any riparian X
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations, or by
the California Department ofFish and Game or U.S.
Fish and Wildlife Service?
d) Have a substantial adverse impact on federally X
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
e) Interfere substantially with the movement of any native X
resident or migratory fish or wildlife species or with
established resident or migratory wildlife corridors, or
impede the use of wildlife nursery sites?
f) Conflict with any local policies or ordinances X
protecting biological resources, such as tree
preservation policy or ordinance?
g) Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Discussion:
a-g) No Impact: The Project site was developed with a church and ancillary buildings in
the late 1950s and the 1960s. The surrounding area is urbanized ,md developed with
medium-density residential development. No new development is proposed as part of
this project. The proposed Project site is not a part of any Habitat Conservation Plan
11
07-049: General Plan Amendment
North Campus Initial Study
August 2007
or Natural Community Conservation Plan; therefore no related impacts are
anticipated.
V. CULTURAL I
Would the projl
a) Cause a sub
of a historic
for listing 0
the Califorr
register or I
b) Cause a sub
of a unique
object, or si
demonstratl
body of kno
contains inf
scientific re
particular q
available ex
with a scien
or historic e
c) Directly or i
resource or
d) Disturb any
outside of f,
Discussion:
ect
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
'OURCES
ntial adverse change in the significance X
resource which is either listed or eligible
he National Register of Historic Places,
Register of Historic Resources, or a local
ng of historic resources.
ntial adverse change in the significance X
haeological resource (i.e., an artifact,
,bout which it can be clearly
hat, without merely adding to the current
edge, there is a high probability that it
~ation needed to answer important
rch questions, has a special and
:ity such as being the oldest or best
pIe of its type, or is directly associated
cally recognized important prehistoric
It or person)?
irectly destroy a unique paleontological X
: or unique geologic feature?
man remains, including those interred X
tal cemeteries?
ms
sta
al
nt
na
isti
sta
arc
te ~
:d t
wI
om
sea
nal
am
tifi
vel
nd
site
hu
Jrn:
a-d) No impact. The buildings on the site were constructed in the early 1960s and 1970s
and as such are not eligible for listing on the National Register, California Register, or
any local register. In addition, no development is proposed as part of this project,
which may disturb unique archaeological or paleontological resources.
12
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VI. GEOLOGY AND SOILS
Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i) Rupture of a known earthquake fault, as delineated X
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area, or based on other substantial evidence of a
known fault? (refer to Division of Mines and
Geology Special Publication 42)
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including X
liquefaction?
iv) Inundation by seiche, tsunami, or mudflow? X
v) Landslides? X
vi) Flooding, including flooding as a result of the X
failure of a levee or dam?
vii) Wildland fires, including where wildlands are X
adjacent to urbanized areas and where residences
are intermixed with wildlands?
b) Result in substantial soil erosion or the loss of topsoil? X
c) Result in the loss of a unique geologic feature? X
d) Be located on a geologic unit or strata or soil that is X
unstable, or that would become unstable as a result of
the project, and potentially result in on-site or off-site
landslide, lateral spreading, subsidence, liquefaction, or
collapse?
e) Be located on expansive soil, creating substantial risks X
to life or property? (Table l8-1-B of the Uniform
Building Code (1994) defines expansive soil)
f) Have soils incapable of adequately supporting the use X
of septic tanks or alternative waste water disposal
13
07-049: General Plan Amendment
North Campus Initial Study
August 2007
i
L-
systems, wher
disposal of wa
Discussion:
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
hnoact Incorporated Imoact Imoact
e sewers are not available for the
ste water?
a-f) No Impad: No unique geologic features occur on the site, the site is connected to
the City's sewer system, the project site has been developed, and no development is
proposed; therefore, no related impacts are expected to occur.
VII. HAZARDS an
Would the proje
a) Create a sig
enVlronmen
disposal of
b) Create a sig
environmen
accident CO]
hazardous r
c) Reasonably
or handle ha
substances,
existing or p
d) Be located 0
hazardous m
Government
would it cre
environment
e) Fora proj ee!
where such
of a public a
project resul
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Imoact Incorporated hnoact hnoact
ZARDOUS MATERIALS
icant hazard to the public or the X
trough the routine transport, use, or
,ardous materials?
icant hazard to the public or the X
1I'0ugh reasonably foreseeable upset and
lions involving the likely release of
erials into the environment?
anticipated to emit hazardous emissions X
rdous or acutely hazardous materials,
waste within one quarter mile of an
Josed school?
I site which is included on a list of X
:rials sites compiled pursuant to
ode Section 65962.5 and, as a result,
a significant hazard to the public or the
,cated within an airport land use plan or, X
Ian has not been adopted, within 2 miles
ort or public use airport, would the
1 a safety hazard for oeonle residinl! or
dHA
ct:
llif
t tr
haz
llif
t tr
odi
oat
be
za
or
ro]
n ~
at,
C
ate
?
Ie
ap
lrp
tir
14
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Imoact Imoact
working in the project area?
f) For a project within the vicinity of a private airstrip, X
would the proj ect result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with X
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to the risk ofloss, injury or X
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Discussion:
a-h) No Impact: The potential for hazardous materials impacts at the project site was
evaluated in a Phase I Environmental Site Assessment for a Mitigated Negative
Declaration prepared in 2005. The Assessment concluded that there may be a
potential for residues of chemicals in shallow soils as a result from earlier agricultural
uses on the site; however, there was no evidence of hazardous materials use, storage,
or release of hazardous materials during site reconnaissance. The project site is
currently developed in an urban area and is not included on a list of hazardous
materials sites compiled pursuant to Govermnent Code Section 65962.5. The
proposal does not include any activities which would cause ground disturbance or
demolition of existing structures, both of which could potentially expose hazardous
materials if located on the site. The project site is not located in the vicinity of a
private airstrip or within an airport land use plan.
15
07-049: General Plan Amendment
North Campus Initial Study
August 2007
VIII. HYDROLi
Would the proj,
a) Violate any
requlfemen
b) Substantial1
substantiall
would be a
of the local
production
drop to a Ie
uses or plan
granted)?
c) Substantiall
site or area,
course of a
result in sub
site?
d) Substantiall
site or area,
course of a
rate or amOl
would resul
e) Create or co
the capacity
systems or p
polluted run
f) Otherwise s
g) Place housi)
on a federal
Insurance R
map?
h) Place within
which woul,
ect
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
'Y AND WATER QUALITY
Iter quality standards or waste discharge X
leplete groundwater supplies or interfere X
'ith groundwater recharge such that there
deficit in aquifer volume or a lowering
lUndwater table level (e.g., the
, of pre-existing nearby wells would
which would not support existing land
d uses for which permits have been
Iter the existing drainage pattern of the X
:luding through the alteration of the
lam or river, in a manner which would
ntial erosion or siltation on-site or off-
Iter the existing drainage pattem of the X
:luding through the alteration of the
lam or river, or substantially increase the
of surface runoff in a manner which
flooding on-site or off-site?
ibute runoff water which would exceed X
existing or planned stormwater drainage
ride substantial additional sources of
?
:tantially degrade water quality? X
'1ithin a 100-year floodplain as mapped X
lod Hazard Boundary or Flood
Map or other flood hazard delineation
lOO-year flood hazard area structures X
"pede or redirect flood flows?
OG
w:
ts?
yc
y"
net
gr'
ratc
vel
ne
ya
In,
stn
sta
ya
In,
str.
mt
tin
ntr
of
ro'
off
ub~
191
Flc
ate
a
j in
16
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Discussion:
No surface waterways traverse the Project site. The site's runoff currently drains into existing
drainage facilities.
a-h) No Impact: Development, or change of use, is not proposed; therefore, degradation
of water quality, alterations in water drainage, or development of housing within the
100-year floodplain is not applicable. The parcel is currently developed as an
institutional use, which would be consistent with the proposed Land Use Designation
Amendment.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Imoact Inc:oroorated Impact Impact
IX. LAND USE AND PLANNING
Would the project:
a) Physically divide an established community? X
b) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the
project (including, but not limited to general plans,
specific plans, local coastal programs, or zoning
ordinances)?
c) Conflict with any applicable habitat conservation plan X
or natural community conservation plan?
Discussion:
The Project site has a City of Saratoga General Plan designation of Residential and is zoned R-I-
10,000 Medium-density Residential. The Project includes a General Plan Amendment to change
the site designation from Residential to Public Facilities. A site rezone is not required since the
site is already zoned for medium-density residential use, which allows institutional type uses
identified in the Land Use Designation with a Conditional Use Permit. The General Plan
amendment would result in consistency across the City's plans and in a land use designation
compatible with existing surrounding uses.
a-c) No Impact: The proposed Project is surrounded by existing, established residential
subdivisions. The Project site has an existing six-foot high wood fence around the
property line that would be maintained or replaced in a substantially similar structure
or structures to serve as a privacy fence between the existing residential sites and the
existing use. The proposed Project would not conflict with any habitat conservation
plan or natural community conservation plan; therefore, no impacts are anticipated.
17
07-049: General Plan Amendment
North Campus Initial Study
August 2007
X. MINERAL RlES(
Would the project
a) Result in the I
resource that,
residents 0 f th
b) Result in the I
mineral reSOUI
general plan, s
Discussion:
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
)URCES
oss of availability of a known mineral X
vould be of value to the region and the
estate?
oss of availability of a locally-important X
.ce recovery site delineated on a local
pecific plan or other land use plan?
a-b) No Impact: The Project site is underlain by alluvial fan materials comprised ofc1ays,
silts and sands. See discussion of site soils in the preliminary geotechnical report
attached as Appendix B. These types of materials are not identified as important
mineral resources on a local, regional, or state level; therefore no impacts to mineral
resources are anticipated.
XI. NOISE
Would the proj<
a) Exposure 0
excess of st
plan or nois
other agenc
b) Exposure 0:
ground born
c) A substanti,
levels in the
without the
d) A substanti,
noise levels
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
result in:
:rsons to or generation of noise levels in X
lards established in the local general
rdinance, or applicable standards of
.1
nons to or generation of excessive X
'ibration or ground borne noise levels?
ermanent increase in ambient noise X
oject vicinity above levels existing
~ect?
:mporary or periodic increase in ambient X
the project vicinity above levels existing
:ct
fpc
anc
eo
lest
fpe
e\
lip
pr
pro
lIt,
10
18
07-049: General Plan Amendment
North Campus Initial Study
August 2007
without the project?
e) For a project located within an airport land use plan or, X
where such a plan has not been adopted, within 2 miles
of a public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, X
would the project expose people residing or working in
the project area to excessive noise levels?
Discussion:
The City of Saratoga Noise Ordinance establishes policies to control unnecessary and excessive
noise in the City.
a-f) No Impact: No sources of ground borne vibration or ground bome noise (e.g.,
proximity to railway lines or construction using pile driving) is anticipated on or near
the Project site since development, or change of use, is not proposed at this time. The
Project site is not located within an airport land use plan area nor is it in the vicinity
of any airstrips; therefore no related impacts are anticipated.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Imoact Imoact
XII. POPULATION AND HOUSING
Would the project:
a) Induce substantial population growth in an area, either X
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating X
the construction of replacement housing elsewhere?
19
07-049: General Plan Amendment
North Campus Initial Study
August 2007
Discussion:
a-c) No ImJlact: The proposed Amendment would not induce substantial population
growth in the area either directly or indirectly since the changed Land Use
Designation would allow for institutional uses through a Use Permit process, which
would not create additional housing units. The existing church and ancillary
buildings are not proposed for demolition or conversion to housing units.
XIII. PUBU
a) Would the]
physical im
or physic all
for new or I
the construe
environmen
acceptable s
performanc
Fire protecf
Police prote
Schools?
Parks?
Other publil
C
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
SERVICES
iect result in substantial adverse X
:ts associated with the provision of new
ltered governmental facilities, the need
sically altered govemmental facilities,
n of which could cause significant
impacts, in order to maintain
rice ratios, response times or other
bjectives for any of the public services:
? X
on? X
X
X
cilities? X
JrO.
pac
ya
)hy
tio
tal
en
eo
IOn
cti
~ fa
a) No ImJlact: Construction or expansion of use is not proposed; therefore, the proposal
will not result in substantial adverse impacts to public services.
XIV. RECREATIO
Would the Projed
a) Increase the us,
regional parks ,
substantial phy
occur or be acc
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
N
: of existing neighborhood and X
)r other recreational facilities such that
sical deterioration of the facility would
derated?
20
07-049: General Plan Amendment
North Campus Initial Study
August 2007
b) Does the proj ect include recreational facilities or X
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
Discussion:
a-b) No Impact: The existing institutional facility would not increase the use of existing
neighborhood and regional parks. No development is proposed; therefore, additional
recreational facilities will not be constructed.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XV. TRANSPORTATION/TRAFFIC
Would the project:
a) Cause an increase in traffic which is substantial in X
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of X
service standard established by the appropriate local,
regional, or state agency, or county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including X
either an increase in traffic levels or a change in
location that result in substantial safety risks?
d) Substantially increase hazards to a design feature X
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? X
f) Result in inadequate parking capacity? X
g) Conflict with adopted policies, plans, or programs X
supporting alternative transnortation (e.g., bus
21
07-049: General Plan Amendment
North Campus Initial Study
August 2007
[~
[
turnouts, bicycle racks)?
Discussion:
a-g) No Impact: The proposed Project does not conflict with any adopted plans, policies
or programs and no impacts are anticipated relating to transportation. The existing
use is not proposed for expansion; therefore, traffic circulation and parking is not
anticipated to change.
I
I
,
XVI. UTILITIES A
Would the proj,
a) Exceed was
applicable 1
b) Require or
wastewater
existing fac
cause signij
c) Require or]
stormwater
facilities, th
significant I
d) Have suffic'
project fron
are new or (
e) Result in an
wastewater
the project (
provider wh
adequate ca
demand in a
commitmen
f) Be served b
capacity to :
disposal nee:
ND
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated hnpact Impact
SERVICE SYSTEMS
vater treatment requirements of the X
:ional Water Quality Control Board?
ult in the construction of new water or X
atment facilities or expansion of
ies, the construction of which could
nt environmental effects?
lIt in the construction of new X
Linage facilities or expansion of existing
onstruction of which could cause
ironmental effects?
t water supplies available to serve the X
(isting entitlements and resources, or
anded entitlements needed?
verse impact to the capacity of the X
atment plant which serves or may serve
., does the wastewater treatment
. serves or may serve the project have
ity to serve the project's projected
ition to the provider's existing
l
landfill with sufficient permitted X
ommodate the project's solid waste
.'
r---
ect
te,
~e~
res
tre
ilit
fIca
reSl
dra
ec
~nv
len
1 eJ
:xp
ad
tre
l.e
ich
pac
dd
ts)'
ya
iCC
ds'
22
07-049: General Plan Amendment
North Campus Initial Study
August 2007
a-f) No Impact: The proposed Project would not alter the existing church and ancillary
buildings nor change the existing use; therefore, the proposal will not result in a
substantial increase in solid waste, water usage or wastewater nor in the need to expand
water supply, wastewater treatment facilities, or the landfill. Storm water runoff volumes
and quality from the site will not change.
Potentially
Significant
Potentially With
Significant Mitigation No
Impact Incorporated Impact
XVII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the X
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of
a rare or endangered plant or animal, or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually X
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)
c) Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
a-c) No Impact. The proposed Project would not significantly affect fish or wildlife habitat,
nor would it eliminate examples of California history or prehistory. Changing the
General Plan Land Use Designation from Residential to Public Facilities would not create
a potential for intensification of use since the site was previously designated, and
developed, as Public Facilities prior to a General Plan Amendment approved in 2005,
which changed the designation to a potentially more intensive land use designation of
Residential.
23
07-049: General Plan Amendment
North Campus Initial Study
August 2007
References
City of Saratoga General Plan, 1983.
City of Saratoga Municipal Code
Initial Study prepared for the Tentative Map for Grace Subdivision, August 2005
Project Planner, Therese M. Schmidt
24
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'. ~.)) , .! I l
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(())) ~,)
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(~ [\ IT'! f:'\ 1~1 T2! rr.:\) (~I<) r:\
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13777 FRUlTVALE AVENUE. SARATOGA, CALIfORNIA 95070
COUNCIL MEMRERS:
Aileen Kao
Kathleen King
Norman Kline
Nick Streit
Ann Waltonsmith
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
APPLICANT:
City of Saratoga
LEAD AGENCY:
City of Saratoga
NAME OF PROJECT:
General Plan Amendmynt
PROJECT DESCRIPTION:
This project proposes an adoption of a Negative Declaration and approval of a General Plan
Amendment to change the designation of a City-owned site called the: North Campus from
Residential Medium Density Single Family M-10 to Public Facilities. The project site consists of
two parcels totaling approximately 2.60 acres gross and is bordered by Prospect Road towards
the north, and by residential properties towards the east, west and south. A church sanctuary
building, a school and other ancillary buildings are situated on the site and were constructed in
the 1960s and '70s. In 2002, the site was purchased by the City of Saratoga. As City property,
the Administration Building has been used for office uses and as a meeting area, and other
buildings on the site have remained vacant.
DETERMINATION:
Based upon the Initial Study, no significant environmental impacts are anticipated to be
associated with the subject project. A Negative Declaration of Environmental Significance has
been prepared.
The Initial Study was prepared by the Community Development Department, City of Saratoga
and was available for public review from August 25 - September 25,2006. Copies of the Initial
Study may be obtained at City Hall located at 13777 Fruitvale Avenue, Saratoga, CA 95070.
CITY OF SARA TOGA
NOTICE OF HEARING
BEFORE CITY COUNCIL
CITY OF SARATOGA announces a public hearing on Wednesday, the 1st day of
November 2006 at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale
Avenue, Saratoga, CA 95070 on the project application described below. Details are
available at the Saratoga Community Development Department, Monday through
Thursday, 7:30 a.m. - 5:00 p.m. If you have questions, planners are available at the
public counter between the hours of7:30 a.m. and 12:00 noon.
APPLICATION 07-049 (386-26-070 & 386-26-071) NORTH CAMPUS,
19848 Prospect Road; The proposed project consists of a General Plan
Amendment and Negative Declaration to revert to the previous General Plan
designation of Public Facilities from the current General Plan designation of
Residential. Development, or change of use, is not proposed at this time.
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(s)
described in this notice, or in written correspondence delivered to the Saratoga City Council
at, or prior to, the public hearing. In order 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.
/s/Cathleen Boyer, CMC
City Clerk
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA
)
)
)
SS.
COUNTY OF SANTA CLARA
I,
ab~J2~twL-
, 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
City Council on the / I tA day of () f!.. iv t?er , 2006, that I deposited in the
United States Post Office within Santa Clara County, 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 pan hereof)
that said persons are the owners of said property who are entitled to a Notice of Hearing
pursuant to Section 15-45.060(b) 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 rhe County of Santa Clara as being owners of property within 500 feet of the
property to be affected by the application; that on said day there was regular
communication by United States Mail to the addresses shown above.
a~~2:> ~
~
373 13 040
Linda Hart
210 La Agua Ct
Morgan Hill, CA 95037-5634
373 13 043
Kerning Wang
1652 Ardenwood Dr
San Jose, CA 95129-3855
373 13 068
Nancy Anderson
13561 Lomond Ct
Saratoga, CA 95070-5414
373 13071
William Kahn
6670 Ivy Ln
San Jose, CA 95129-3839
373 13 074
John Tolvanen
6610 Ivy Ln
San Jose, CA 95129-3839
373 13 077
William & Lynn Rothwein
6645 Prospect Rd
San Jose, CA 95129-3842
373 13 080
Hongbo & Wang Xiaorui Tang
6691 Prospect Rd
San Jose, CA 95129-3842
373 14001
Margaret Scardigli
1638 Daphne Dr
San Jose, CA 95129-3812
373 14054
Whan Soo & Eun Sim Kang
1647 Clarl<spur Ln
San Jose, CA 95129-3805
38626003
Paul & Sandra Eovino
12045 Saraglen Dr
Saratoga, CA 95070-3218
.
373 13 041
Jim Wang
7510 De Foe Dr
Cupertino, CA 95014-4307
373 13 044
Wilhelm & Marianne Grotheer
1644 Ardenwood Dr
San Jose, CA 95129-3855
373 13 069
William & Sonja Watson Jr.
1649 Daphne Dr
San Jose, CA 95129-3813
373 13 072
Andrew Hsiung
6650 Ivy Ln
San Jose, CA 95129-3839
373 13 075
Kui Yau
1669 Clarl<spur Ln
San Jose, CA 95129-3805
373 13 078
Venu & Smitha Vanna
6661 Prospect Rd
San Jose, CA 95129-3842
373 13 081
Miranda
206 Thomas Dr
Los Gatos, CA 95032-4038
373 14002
Brian & Amanda Aberg
1628 Daphne Dr
San Jose, CA 95129-3812
38626001
Glenford Dennee Jr.
2265 El Carnino Real #3
Santa Clara, CA 95050-4064
38626004
Louis Tseng
12061 Saraglen Dr
Saratoga, CA 95070-3218
.
373 13 042
James Dozier
180 2nd St
Los Altos, CA 94022-2821
373 13 067
Sze Ming Lum
1629 Daphne Dr
San Jose, CA 95129-3813
373 13 070
Li-Jen & Chun-Juan Tseng
6690 Ivy Ln
San Jose, CA 95129-3839
373 13 073
Richard & Helen Bailey
6630 Ivy Ln
San Jose, CA 95129-3839
373 13 076
Dennis Rust
6631 Prospect Rd
San Jose, CA 95129-3842
373 13 079
Ranji! John
6675 Prospect Rd
San Jose, CA 95129-3842
373 13 082
Amitava Choudhuri
6697 Prospect Rd
San Jose, CA 95129-3842
37314053
Simon & Tsai Hwie Chen
1639 Clarkspur Ln
San Jose, CA 95129-3805
386 26 002
Kelvin & Susan Kiew
12031 Saraglen Dr
Saratoga, CA 95070-3218
386 26 005
John & Jia-Ning Chen
12075 Saraglen Dr
Saratoga, CA 95070-3218
373 12001 . 373 12 002 . 373 12 003
Charles & Paige Simpson KathJyn Kay Michael & Hsiao Lei Lee
1027 Jacqueline Way 5092 DlU'ban Ct 1648 Clatkspur Ln
San Jose, CA 95129-2826 San Jose, CA 95138-2100 San Jose, CA 95129-3804
373 12 004 373 12015 373 12017
Chih-Ming Chang Ryszard & Stephanie Janowski Ellen Oleary
1640 Clarlespur Ln 6546 Bibel Ave 6530 Bibel Ave
San Jose, CA 95129-3804 San Jose, CA 95129-3801 San Jose, CA 95129-3801
373 12020 373 12 036 373 12037
Bhupinder & Chetna Ahuja Glenn Lai Joseph & Young Parle
6514 Bibel Ave 6492 Ivy Ln 6470 Ivy Ln
San Jose, CA 95129-3801 San Jose, CA 95129-3900 San Jose, CA 95129-3900
373 12 043 373 12044 373 12 045
Sanjay & Nagavarapu Usha Pujare Jianhua Huang Ralph & Elaine Chambers
6449 Prospect Rd 6471 Prospect Rd 6493 Prospect Rd
San Jose, CA 95129-3840 San Jose, CA 95129-3840 San Jose, CA 95129-3840
373 12 047 373 12 048 373 12 049
Ching-Lung LoJeff Norma Buford Charles & Margaret Ting
6515 Prospect Rd 6537 Prospect Rd 6545 Prospect Rd
San Jose, CA 95129-3841 San Jose, CA 95129-3841 San Jose, CA 95129-3841
373 12 050 373 12051 373 12 052
Stephen S K & Malinda Chao Zong & Sun Qi Ling Min-Chun Tsai
6567 Prospect Rd 6574 Ivy Ln 6562 Ivy Ln
San Jose, CA 95129.3841 San Jose, CA 95129-3837 San Jose, CA 95129-3837
373 12 053 373 12 054 373 12055
A vraham & Dahlia Perahia Sam Liang Mansop Hahn
6548 Ivy Ln 6538 Ivy Ln 12904 SE 45th Ln
San Jose, CA 95129-3837 San Jose, CA 95129-3837 Bellewe, WA 98006-2038
373 12 056 373 12057 373 12 058
Jiangxu & Sun Xian Xiang Hui-Chen Kuo Hueichian & Chen Nansing Huang
6525 Ivy Ln 6537 Ivy Ln 6549 Ivy Ln
San Jose, CA 95129 San Jose, CA 95129-3838 San Jose, CA 95129-3838
373 12059 373 12 060 373 13036
Visvanathan Ganapathy Li-Hwa Lin Hung-Lin Hsu
6563 Ivy Ln 6575 Ivy Ln 1665 Ardenwood Dr
San Jose, CA 95129-3838 San Jose, CA 95129-3838 San Jose, CA 95129-3856
373 13 037 373 13 038 373 13 039
381)' & Sandrn Schoenfeld Cheng Hu William & Christine Munson
1673 Ardenwood Dr 1519 Noriega St 1693 Ardenwood Dr
;an Jose, CA 95129-3856 San Francisco, CA 94122-4433 San Jose, CA 95129-3856
38626006 .
Blane & Barbara Eisenberg
12091 Saraglen Dr
Saratoga, CA 95070-3218
386 26 009
Ahmed & Asna Masood
1213 5 Saraglen Dr
Saratoga, CA 95070-3220
38626032
Robert Guowei & Wang Xiuzhen Xu
12150 Saraglen Dr
Saratoga, CA 95070-3221
386 26035
Stan & Bmara Stewart
12100 Saraglen Dr
Saratoga, CA 95070-3221
386 26 038
Jui-NWlg & Ma I-Kuang Wang
12121 Viewoak Dr
Saratoga, CA 95070-3232
386 26 041
Eugene & JWle Levitre
12201 Viewoak Dr
Saratoga, CA 95070-3234
386 26 049
Jonathan & Suzanne Owens
19830 Oakhaven Dr
Saratoga, CA 95070-3214
38626052
Anthony Hei LeWlg Huang
12150 Viewoak Dr
Saratoga, CA 95070-3233
386 26 055
Ira & Susan Kaye
19830 Viewridge Dr
Saratoga, CA 95070-3205
386 26058
Lars Majlof
19861 Viewridge Dr
Saratoga, CA 95070-3236
.
386 26 007
Harry & Phyllis Combleet
12105 Saraglen Dr
Saratoga, CA 95070
38626010
Richard & Sonya D'Sa
1215] Saraglen Di
Saratoga, CA 95070-3220
386 26 033
Nansen D'Sa
]2]49 Saraglen Dr
Saratoga, CA 95070-3220
38626036
Steve B Pratt
] 9920 Viewridge Dr
Saratoga, CA 95070-3238
38626039
Y R & Lillian Koda
]2]4] Viewoak Dr
Saratoga, CA 95070-3232
386 26 042
Stephen & Rose Horvath
259 Belvue Dr
Los Gatos, CA 95032-5003
386 26 050
Richard & Elizabeth Machado
]9831 Oakhaven Dr
Saratoga, CA 95070-32]3
38626053
Willis & Liliana McCarthy
]2]20 Viewoak Dr
Saratoga, CA 95070-3233
386 26056
Hsien-Jywan & Hwu Der-Fen Ko
] 983] Viewridge Dr
Saratoga, CA 95070-3236
38626059
William & Norma Ford
] 9905 Viewridge Dr
Saratoga, CA 95070-3237
.
38626008
Sugimoto Jones
]2]21 Saraglen Dr
Saratoga, CA 95070-3220
3862603]
SWlg'WI & Diane Choi
]2180 Saraglen Dr
Saratoga, CA 95070-3221
38626034
Richard & Dorothy Dorsay
12]20 Saraglen Dr
Saratoga, CA 95070
38626037
Peter Leeb
19910 Viewridge Dr
Saratoga, CA 95070-3238
38626040
Girardot
]2]61 Viewoak Dr
Saratoga, CA 95070-3232
386 26 048
Javad Khakbaz
] 9840 Oakhaven Dr
Saratoga, CA 95070-3214
3862605]
Shao Kang Tan
19845 Oakhaven Dr
Saratoga, CA 95070-3213
38626054
Marvin & Susan Cohn
19840 Viewridge Dr
Saratoga, CA 95070-3205
38626057
Graham Mostyn
19845 Viewridge Dr
Saratoga, CA 95070-3236
386 26 060
Maria Continillo
19911 Viewridge Dr
Saratoga, CA 95070-3237
38626061 .
Konstantinos & Serraiocco Gina Haritos
19921 Viewridge Dr
Sarntoga, CA 95070-3237
.
386 26 062
Gary & Drurmnond Dee Carlson
12070 Saraglen Dr
Saratoga, CA 95070.3226
386 26 064
Sam & Muffie Oehi
19920 Saraglen Ct
Sarntoga, CA 95070-3217
386 26065
Ram Bapu
19910 Sarnglen Ct
Sarntoga, CA 95070-3217
38626067
Dennis Lyden
19911 Saraglen Ct
Sarntoga, CA 95070-3217
386 26 068
Bernard & Eliabeth Sievers
19921 Saraglen Ct
Sarntoga, CA 95070-3217
38626070
CITY OF SARATOGA
13777 Fruitvale Ave
Sarntoga, CA 95070-5151
38637001
Yao Chang
19771 Colby Ct
Sarntoga, CA 95070-3202
38637003
Janice Hayward
19795 Colby Ct
Sarntoga, CA 95070-3202
386 37 004
Khoo
19807 Colby Ct
Sarntoga, CA 95070-3202
386 37 006
David & Bernadette Wyandt
19827 Colby Ct
Sarntoga, CA 95070-3202
386 37 007
Roger & Mary Piazza
19828 Colby Ct
Sarntoga, CA 95070-3202
386 37 009
Lily & Pascal Chen
3 Ling-yi St 4fLane 8
Taipei,
38637010
C L & Helen Lott
19825 Viewridge Dr
Sarntoga, CA 95070-3236
38637012
Louis & Bernice Degive
19774 Colby Ct
Sarntoga, CA 95070-3202
38637013
Griffith & Lois Brown
19773 Viewridge Dr
Sarntoga, CA 95070-3236
38637015
Thomas & Katherine Maier
19797 Viewridge Dr
Saratoga, CA 95070-3236
38637016
Roben & Bonnie Lind
19809 Viewridge Dr
Sarntoga, CA 95070-3236
38637018
Thomas & Dianna Saari
19823 Viewridge Dr
Sarntoga, CA 95070-3236
38637019
Helen Lott
19824 Viewridge Dr
Sarntoga, CA 95070-3205
.
38626063
John & Kathleen Haleblian
12044 Saraglen Ct
Sarntoga, CA 95070-3217
38626066
Chandrasekha & Sujatha Bodapati
19900 Saraglen Ct
Saratoga, CA 95070-3217
38626069
Raymond Tankersley
12010 Saraglen Dr
Saratoga, CA 95070-3219
38637002
James & Marsha Patterson
19783 Colby Ct
Sarntoga, CA 95070-3202
386 37 005
Lung Wen & Siu Lan Wang
19819 Colby Ct
Saratoga, CA 95070-3202
38637008
Alton & Carmen Anderson
19816 Colby Ct
Saratoga, CA 95070-3202
38637011
Lingxiong & Ding Ying Shao
19786 Colby Ct
Saratoga, CA 95070-3202
38637014
Klein Kao
19785 Viewridge Dr
Saratoga, CA 95070-3236
38637017
Chung-Ho & Chen-Huii Fan
19815 Viewridge Dr
Saratoga, CA 95070-3236
38637020
Brian & Hang Soei-Shin Shing
19816 Viewridge Dr
Saratoga, CA 95070-3205
38637021 . 38637022 . 38637023
Warren Uehimoto Chung C T & Mel-Ping Luan Norma Montgomery-Rayl
19808 Viewridge Dr 19796 Viewridge Dr 19784 Viewridge Dr
Sarntoga, CA 95070-3205 Sarntoga, CA 95070-3205 Sarntoga, CA 95070-3205
38637024 38637025 186 37 026
Kuang-Yu Wang Wen Chung Liou Alfred & Marlene Kass
19772 Viewridge Dr 19775 Oakhaven Dr 19787 Oakhaven Dr
Sarntoga, CA 95070-3205 Sarntoga, CA 95070-3213 Sarntoga, CA 95070-3213
386 37 027 38637028 38637029
Dean & Lucille Antonelli Guy & Nancy Robby Durga & Raj Agarwal
19799 Oakhaven Dr ] 9805 Oakhaven Dr 19817 Oakhaven Dr
Sarntoga, CA 95070-3213 Saratoga, CA 95070-3213 Sarntoga, CA 95070-3213
386 37 030 38637031 38637032
Pamela Parleer Terry Terno & Y oko Linda Matsumoto Gary Kramp
19825 Oakhaven Dr 19826 Oakhaven Dr Psc 45 #764
Sarntoga, CA 95070 Sarntoga, CA 95070-3214 Apo, AE 09468-0764
386 37 033 38637034 386 37 035
Ju & Janet Shen Susan Lofelmaker George & Frances Scuffos
14638 Aloha Ave 19796 Oakhaven Dr 19784 Oakhaven Dr
Sarntoga, CA 95070-6004 Sarntoga, CA 95070-3214 Sarntoga, CA 95070-3214
38648021
~~ Q~070 ~v""
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Native American Heritage Commission
il5 Capitol Mall, Room #364
Sacramento. CA 95814
ATTN: Rob Wood
Ella Rodriguez
P.o. Box 1411
Salinas, CA 93902
Amah/MutsunTriba1Band
Irene Zwier1ein, Chair
789 Canada Rd
Woodside, CA 94062
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Indian Canyon Mutsun Band of
Costanoan
Ann Marie Sayers, Chairperson
P.O. Box 28
Hollister, CA 95024
-
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-
Amalr Mutsun T riba! Band
Va!entin Lopez, Chairperson
3095 Eastern Avenue
Sacramento, CA 95821
Trina Marine Ruano Family
Ramona Garibay. Representative
36423 Peugeot Place
Newark, CA 94560
Muwekma Indian Tribe
Rosemary Cambra, Chair
P.O. Box 360791
Mi1pitas, CA 95036
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The Ohlone Indian Tribe
Andrew A. Galvan
P.O. Box 3152
Mission San Jose, CA 94539
~.!'9~S weqeti "I zllSlI~
Clare McBride
495 E. Brokaw Rd., #F
San Jose, CA 95113
Dave & Beinie Wyandt
19827 Colby Ct.
Saratoga, CA 95070
Terry Martin
45 E. Main St., #B
Los Gatos, CA 95030
Bill & Norma Ford
19905 Viewridge Dr.
Saratoga, CA 95070
Matt Cavender
1650 Lafayette St.
Santa Clara, CA 95050
.
Louis PIe give
19774 Colby Ct.
Saratoga, CA 95070
Gene Golobic
12336 Terrence Ave.
Saratoga, CA 95070
Bill Sheridan
19766 Elisa Ave.
Saratoga, CA 95070
Joann & Roger Piazza
Colby Ct.
Saratoga, CA 95070
Kaustuv Basu
245 Almendra Avenue
Los Gatos, CA 95030
/il, CaMf';~- flI"l.tR--tJY1j U~T
.
Fran Colletti
12185 Terrence Ave.
Saratoga, CA 95070
Norman & Marlene Siegler
20743 Seaton Ave.
Saratoga, CA 95070
Pam Khoo
19807 Colby Ct.
Saratoga, CA 95070
Jack Tolvanen
6610 Ivy Ln.
San Jose, CA 95129
Barry Wilbanks
800 EI Camino Real, 3rd Floor
Menlo Park, CA 94025
Santa Clara County Fire Dept:.
14700 Winchester Blvd.
Los Gatos, CA 95030
,
West Valley Sanitation District
100 East Sunnyvale Avenue
Campbell, CA 95008
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Al ((1/111('--'5 -fr.1v1S/VI(ff1( U6~
. Santa Clara Valley Transportation ·
Authority
3331 North First Street
San Jose, CA 95134-1906
ATIN: Julie Render
SCC Dept. of Environmental Health
P.O. Box 26070
San Jose, CA 95159-6070
ATIN: Kurt Fisher, REHS
San Jose Water Company
1221 South Bascom Avenue
San Jose, CA 95128
California Dept. of Transportation
p.o. Box 23660
Oakland, CA 94623-0660
Pacific Gas and Electric
San Jose Land Rights Office
111 Almaden Blvd., Room 814
San Jose, CA 95115
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
Marty Oakley
20840 Beauchamps Lane
Saratoga, CA 95070
William Bean
21388 Sarahills Road
Saratoga, CA 95070
Meir Levi
PO Box 3748
Saratoga, CA 95070
Corina Del Pozzo
1650 Lafayette Street
Santa Clara, CA 95050
Lea Ann Hernandez
12029 Saratoga-Sunnyvale
Saratoga, CA 95070
Leona Fong
19466 Burgundy Way
Saratoga, CA 95070
Scott Sheldon
1300 Oliver Road, Suite 300
Fairfield, CA 94534
Reberta Savage
515 N. Santa Cruz Avenue
Los Gatos, CA 95030
Backer Navid
20480 Blauer Drive, Suite A
Saratoga, CA 95070
Terence Szewczyk
1776 Technology Drive
San Jose, CA 95110
Salim Sagarchi
495 E. Browkaw Road, #F
San Jose, CA 95112
Charles Butterfield
2470 Winchester Blvd, Suite A
Campbell, CA 95008
<\ndrew Barnes
14377 Oldwood Road
Saratoga, CA 95070
Tim Nieuwsma
900 E. Hamilton, Suite 100
Campbell, CA 95008
Randy Price
1777 Saratoga Avenue, Suite 112
San Jose, CA 95129
Scott McDonald
P5 EI Camino Real, Suite 100
Santa Clara, CA 95050
. .
i?3 ]3040 373 13041 373 13042
)ccupant At Occupant At Occupant At
678 Ardenwood Dr 1672 Ardenwood Dr 1664 Ardenwood Dr
;an Jose, CA 95129-3855 San Jose, CA 95129-3855 San Jose, CA 95]29-3855
:73 13043 373 13044 373 13 067
)ccupant At Occupant At , Occupant At
652 Ardenwood Dr 1644 Ardenwood Dr 1629 Daphne Dr
;an Jose, CA 95129-3855 San Jose, CA 95129-3855 San Jose, CA 95129-3813
,73 13 068 373 13 069 373 13 070
)ccupant At Occupant At Occupant At
639 Daphne Dr ] 649 Daphne Dr 6690 Ivy Ln
ian Jose, CA 95129-3813 San Jose, CA 95129-3813 San Jose, CA 95129-3839
73 13 071 373 13 072 373 13 073
)ccupant At Occupant At Occupant At
,670 Ivy Ln 6650 Ivy Ln 6630 Ivy Ln
.an Jose, CA 95129-3839 , San Jose, CA 95129-3839 San Jose, CA 95129-3839
,
73 13 074 373 13 075 ' , 373 13076
' ,
)ccupant At Occupant At Occupant At
610 Ivy Ln 1669 C1arkspur Ln 6631 Prospect Rd
an Jose, CA 95]29-3839 San Jose, CA 95129-3805 San Jose, CA 95129-3842
73 ]3077 373 13078 ' I 373 13 079
)ccupant At Occupant At Occupant At
645 Prospect Rd 6661 Prospect Rd 6675 Prospect Rd
an Jose, CA 95129-3842 , San Jose, CA 95129-3842 San Jose, CA 95129-3842
73 13 080 373 13 081 373 13 082
lccupant At Occupant At Occupant At
691 Prospect Rd 6695 Prospect Rd 6697 Prospect Rd
an Jose, CA 95129-3842 San Jose, CA 95129-3842 . . San Jose, CA 95129-3842
73 14001 373 14002 373 14053
Iccupant At Occupant At Occupant At
638 Daphne Dr 1628 Daphne Dr 1639 C1arkspur Ln
an Jose, CA 95129-3812 San Jose, CA 95129-3812 San Jose, CA 95129-3805
73 14054 38626001 386 26 002
Iccupant At , Occupant At Occupant At
547 Clarkspur Ln 12011 Sarag1en Dr 12031 Sarag1en Dr
an Jose, CA 95129-3805 Saratoga, CA 95070-3218 Saratoga, CA 95070-3218
l6 26 003 38626004 38626005
ccupant At Occupant At Occupant At
W45 Sarag1en Dr , . 12061 Sarag1en Dr 12075 Sarag1en Dr
lTatoga, CA 95070-3218 , Saratoga, CA 95070-3218 Saratoga, CA 95070-3218
. .
173 12001 373 12002 373 12003
)ccupant At Occupant At Occupant At
;585 Prospect Rd 6590 Ivy Ln 1648 CJarkspur Ln
,an Jose, CA 95129-3841 San Jose, CA 95129-3837 San Jose, CA 95129-3804
173 12004 373 12015 37312017
)ccupant At Occupant At Occupant At
1640 C1arkspur Ln 6546 Bibe1 Ave 6530 Bibe1 Ave
,an Jose, CA 95129-3804 San Jose, CA 95129-3801 San Jose, CA 95129-3801
173 12020 373 12036 373 12 037
)ccupant At Occupant At Occupant At
;514 Bibe1 Ave 6492 Ivy Ln 6470 Ivy Ln
Ian Jose, CA 95129-3801 San Jose, CA 95129-3900 San Jose, CA 95129-3900
173 12043 373 12044 373 12 045
)ccupant At Occupant At Occupant At
;449 Prospect Rd 6471 Prospect Rd 6493 Prospect Rd
Ian Jose, CA 95129-3840 San Jose, CA 95129-3840 San Jose, CA 95129-3840
173 12047 373 12048 373 12 049
)ccupant At Occupant At Occupant At
i515 Prospect Rd 6537 Prospect Rd i 6545 Prospect Rd
Ian Jose, CA 95129-3841 San Jose, CA 95129-3841 ! San Jose, CA 95129-3841
i73 12050 373 12051 373 12 052
)ccupant At Occupant At Occupant At
;567 Prospect Rd 6574 Ivy Ln 6562 Ivy Ln
ian Jose, CA 95129-3841 San Jose, CA 95129-3837 San Jose, CA 95129-3837
i73 12 053 ' , 373 12054 I 373 12 055
)ccupant At Occupant At ' Occupant At
,548 Ivy Ln 6538 Ivy Ln i 6524 Ivy Ln
ian Jose, CA 95129-3837 San Jose, CA 95129-3837 ' San Jose, CA 95129-3837
,73 12056 373 12057 . i 373 12058
lccupant At Occupant At Occupant At
,525 Ivy Ln ( No Mail ) 6537 Ivy Ln 6549 Ivy Ln
Ian Jose, CA 95129-3838 I: San Jose, CA 95129-3838 . San Jose, CA 95129-3838
73 12 059 373 12060 373 13 036
lccupant At Occupant At . Occupant At
563 Ivy Ln 6575 Ivy Ln : : 1665 Ardenwood Dr
an Jose, CA 95129-3838 , San Jose, CA 95129-3838 San Jose, CA 95129-3856
73 13 037 373 13 038 373 13 039
lccupant At Occupant At Occupant At
673 Ardenwood Dr 1679 Ardenwood Dr 1693 Ardenwood Dr
an Jose, CA 95129-3856 ! San Jose, CA 95129-3856 San Jose, CA 95129-3856
. .
86 26 006 38626007 38626008
)ccupant At Occupant At Occupant At
2091 Saraglen Dr 12105 Saraglen Dr (No Mail) 12121 Saraglen Dr
.aratoga, CA 95070-3218 , Saratoga, CA 95070-3220 Saratoga, CA 95070-3220
86 26 009 38626010 38626031
Jccupant At Occupant At Occupant At
2135 Saraglen Dr 12151 Saraglen Dr 12180 Saraglen Dr
:aratoga, CA 95070-3220 Saratoga, CA 95070-3220 Saratoga, CA 95070-3221
86 26 032 38626033 38626034
Jccupant At Occupant At Occupant At
2150 Saraglen Dr 12140 Saraglen Dr 12120 Saraglen Dr (No Mail )
:aratoga, CA 95070-3221 Saratoga, CA 95070-3221 Saratoga, CA 95070-3221
86 26 035 38626036 38626037
Jccupant At Occupant At Occupant At
2100 Saraglen Dr 19920 Viewridge Dr 19910 Viewridge Dr
;aratoga, CA 95070-3221 Saratoga, CA 95070-3238 Saratoga, CA 95070-3238
.86 26 038 386 26 039 38626040
Jccupant At Occupant At Occupant At
2121 ViewoakDr 12141 ViewoakDr 12161 Viewoak Dr
;aratoga, CA 95070-3232 Saratoga, CA 95070-3232 Saratoga, CA 95070-3232
;8626041 38626042 38626048
kcupant At Occupant At Occupant At
2201 ViewoakDr 12221 ViewoakDr 19840 Oakhaven Dr
;aratoga, CA 95070-3234 Saratoga, CA 95070-3234 Saratoga, CA 95070-3214
.86 26 049 38626050 38626051
}ccupant At Occupant At Occupant At
.9830 Oakhaven Dr 19831 Oakhaven Dr 19845 Oakhaven Dr
;aratoga, CA 95070-3214 Saratoga, CA 95070-3213 Saratoga, CA 95070-3213
.86 26 052 ' i 38626053 38626054
}ccupant At Occupant At , Occupant At
2150 ViewoakDr 12120 Viewoak Dr 19840 Viewridge Dr
;aratoga, CA 95070-3233 Saratoga, CA 95070-3233 Saratoga, CA 95070-3205
.86 26 055 386 26 056 38626057
}ccupant At Occupant At Occupant At
9830 Viewridge Dr 19831 Viewridge Dr 19845 Viewridge Dr
;aratoga, CA 95070-3205 , Saratoga, CA 95070-3236 Saratoga, CA 95070-3236
.8626058 ' 386 26 059 38626060
)ccupant At Occupant At Occupant At
9861 Viewridge Dr 19905 Viewridge Dr 19911 Viewridge Dr
;aratoga, CA 95070-3236 Saratoga, CA 95070-3237 Saratoga, CA 95070-3237
. .
,8626061 38626062 38626063
)ccupant At Occupant At Occupant At
9921 Viewridge Dr 12070 Saraglen Dr 12044 Saraglen Ct
:aratoga, CA 95070-3237 Saratoga, CA 95070-3226 Saratoga, CA 95070-3217
'8626064 386 26 065 386 26 066
)ccupant At Occupant At Occupant At
9920 Sara glen Ct 19910 Saraglen Ct 19900 Saraglen Ct
;aratoga, CA 95070-3217 Saratoga, CA 95070-3217 Saratoga, CA 95070-3217
;8626067 386 26 068 386 26 069
)ccupant At Occupant At Occupant At
9911 Saraglen Ct 19921 Saraglen Ct 12010 Saraglen Dr
;aratoga, CA 95070-3217 Saratoga, CA 95070-3217 ; Saratoga, CA 95070-3219
;8626070 38637001 38637002
)ccupant At Occupant At Occupant At
9848 Prospect Rd 19771 Colby Ct 19783 Colby Ct
;aratoga, CA 95070-3229 Saratoga, CA 95070-3202 Saratoga, CA 95070-3202
;8637003 386 37 004 386 37 005
)ccupant At Occupant At Occupant At
9795 Colby Ct 19807 Colby Ct , 19819 ColbyCt
;aratoga, CA 95070-3202 Saratoga, CA 95070-3202 Saratoga, CA 95070-3202
;8637006 38637007 38637008
)ccupant At Occupant At Occupant At
9827 Colby Ct 19828 Colby Ct 19816 Colby Ct
;aratoga, CA 95070-3202 Saratoga, CA 95070-3202 Saratoga, CA 95070-3202
:8637009 38637010 38637011
)ccupant At Occupant At ; . Occupant At
9804 Colby Ct 19798 Colby Ct 19786 Colby Ct
;aratoga, CA 95070-3202 Saratoga, CA 95070-3202 Saratoga,CJ\ 95070-3202
'8637012 38637013 ' 38637014
)ccupant At Occupant J\t Occupant At
9774 Colby Ct 19773 Viewridge Dr 19785 Viewridge Dr
;aratoga, CJ\ 95070-3202 Saratoga, CJ\ 95070-3236 Saratoga, CA 95070-3236
I
'8637015 38637016 38637017
)ccupant At . Occupant At Occupant J\t
9797 Viewridge Dr . ! 19809 Viewridge Dr 19815 Viewridge Dr
;aratoga, CA 95070-3236 Saratoga, CJ\ 95070-3236 Saratoga, CA 95070-3236
,8637018 38637019 38637 020
)ccupant At Occupant At Occupant J\t
9823 Viewridge Dr 19824 Viewridge Dr 19816 Viewridge Dr
;aratoga, CA 95070-3236 Saratoga, CA 95070-3205 Saratoga, CJ\ 95070-3205
.
18637021
)ccupant At
19808 Viewridge Dr
,aratoga, CA 95070-3205
38637022
Occupant At
19796 Viewridge Dr
Saratoga, CA 95070-3205
.
386 37 023
Occupant At
19784 Viewridge Dr
Saratoga, CA 95070-3205
18637 024
)ccupant At
19772 Viewridge Dr
,aratoga, CA 95070-3205
38637025
Occupant At
19775 Oakhaven Dr
Saratoga, CA 95070-3213
38637026
Occupant At
19787 Oakhaven Dr
I Saratoga, CA 95070-3213
18637027
)ccupant At
19799 Oakhaven Dr
,aratoga, CA 95070-3213
386 37 028
Occupant At
19805 Oakhaven Dr
Saratoga, CA 95070-3213
. 38637029
Occupant At
19817 Oakhaven Dr
Saratoga, CA 95070-3213
18637030
)ccupant At
19825 Oakhaven Dr ( No Mail )
,aratoga, CA 95070-3213
38637031
Occupant At
19826 Oakhaven Dr
Saratoga, CA 95070-3214
386 37 032
Occupant At
, 19814 Oakhaven Dr
I Saratoga, CA 95070-3214
186 37 033
)ccupant At
9808 Oakhaven Dr
,aratoga, CA 95070-3214
38637034
Occupant At
19796 Oakhaven Dr
Saratoga, CA 95070-3214
38637035
Occupant At
19784 Oakhaven Dr
Saratoga, CA 95070-3214
18648021
)ccupant At
'no Site Address'
CA
.----
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
S
V.:? ?7
ORIGINATING I[)EPT: Public Works
CITY MANAGER:
Dave Anderson
PREPARED BY: Richard Tavlor
City Attorney
DEPT.HEAD:
John Cherbone
SUBJECT: Ordinance Amending the Saratoga City Code Regarding Signs in City Parks
RECOMMENDED ACTION:
Conduct Public Hearing and introduce and waive first reading of ordinance regarding
signs in City parks and direct staff to place ordinance on consent calendar for final
adoption.
----
REPORT SUMMARY:
At the October 18, 2006 City Council meeting, the City Council directed staff to prepare
an ordinance amendment for Council consideration that would allow the posting of signs
in City parks. The attached ordinance would remove the existing prohibition on signs in
City parks and instead allow the City Council to adopt regulations in the future specifYing
the time, place, and manner of sign placement in parks on a park by park basis. If this
amendment is introduced on November I and is approved at the November 15, 2006 City
Council meeting it would take effect on December 15, 2006 and the City Council could
implement park-specific regulations any time after that date. If so directed by the
Council, staff could return to the City Council with proposed policies for one or more
parks for consideration on November 15.
BACKGROUND:
The City Code cUJ[rently makes it illegal to "paste, nail, staple or fasten in any fashion any
mark, writing, bill, advertisement, sign, card, or display, on any tree, fence, wall, building,
monument or other structure" in any City park. (Section 11-05.030.) Park users have
requested an amendment to this prohibition to allow the posting of signs related to events
in the parks, such as user information, codes of conduct, and event sponsors.
--
1
I
The attached ordinance would remove the language quoted above from the section of the
Code containing absolute prohibitions and would move it to the section of the Code that ...,,/
prohibit specified conduct in all but authorized areas of City parks. The amendment
would provide that signs are prohibited "except in accordance with regulations regarding
the time, place, and manner of such actions authorized by resolution of the City Council
in order to protect and preserve the aesthetics and safety of City parks." This change
would give the City Council the discretion to adopt specific regulations for each park to
allow signs while at the same time protecting public safety and the aesthetics of the park.
Regulations for each park will need to be carefully tailored to ensure that the City
regulates only the time, place, and manner of sign placement and does not interfere with
any First Amendment rights of the public by favoring one type of speech over another.
Staff is in the process of seeking comparable policies from other cities. (An initial review
of the ordinances of adjacent cities indicates that posting of signs is prohibited in those
cities in a manner comparable to the current City Code.) If directed by Council, staff
believes that it could prepare initial policies for Council consideration by the November
15,2006 City Council meeting. As noted above, those policies could take effect as early
as December 15, if the attached ordinance is approved by the City Council.
ALTERNATIVES:
An alternative approach to the ordinance attached would be to adopt park-specific sign
policies directly as part of the City Code. The Code currently takes this approach regarding
alcohol consumption regulations in certain parks. Council could also direct staff to prepare
a broader policy that would simply remove the sign prohibition and allow posting of signs
in parks without regulations. This approach could have safety or aesthetic impacts,
however, and would require further investigation by staff. Council could also elect to leave
the ordinance unchanged.
...,,/
FISCAL IMPACTS:
Staff time will be required to develop the park-specific sign policies.
FOLLOW UP ACTION(S):
Ifintroduced, place ordinance on consent calendar for adoption November 15, 2006 and
if directed by Council begin preparation of park-specific policies authorizing signs.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
-'"
2
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING SIGNS IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
B.
c.
Section 2.
A.
The City of Saratoga General Plan declares Saratoga's goal to provide and
maintain parks which are designed to serve the needs of the residents, the
community and the neighborhoods of Saratoga.
The City makes its parks available to residents groups including and serving
Saratoga residents and wishes to allow the placement of signs in the parks in a
marmer that serves park users while at the same time protecting public safety and
the aesthetics and unspoiled appearance of the parks.
Because of the unique characteristics of each park, the standards regarding the
timf:, place, and manner in which signs may be placed in parks requires careful
evaluation on a park-by-park basis. This ordinance will allow the City to make
these determinations based on the conditions and circumstances in each park.
Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
(example) and deleting the text shown in strikeout (example) in the sections listed below:
A. Section 11-05.030(a) is amended as follows:
11-05.030 Acts prohibited in parks generally.
No person shall do any of the following acts within the limits of any park in the
City:
(a) Cut, carve, paint, mark, deface, disfigure, tamper with, displace or remove any
building or structure or any real or personal property, including, without
limitation, any bridge, table, bench, fireplace, barbecue, fence, railing, monument,
apparatus, facility, paving, water or other public utility lines, or utilities or parts or
appurtenances thereof, nor cut, carve, paint, or mark, paste, Rail, staple or faatea
ill-any-fashion any mark, writing, bill, advertisement, sign, card, or display, on any
tree, fence, wall, building, monument or other structure.
Page I of3
Ordinance No.
B. Section 11-05.040 is amended to add a new subsection (k) as follows:
11-05.040 Acts prohibited except in designated areas.
No person shall do any ofthe following acts within the limits of any park in the
City except in such areas of the park where specifically permitted:
***
(k) Paste, nail, staple or fasten in any fashion any writing, bill, advertisement,
sign, card, or display, on any tree, fence, wall, building, monument or other
structure except in accordance with regulations regarding the time, place, and
manner of such actions authorized by resolution of the City Council in order to
protect and preserve the aesthetics and safety of City parks.
Section 3.
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, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of
this ordinance irrespective ofthe 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 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once 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 ofthe City
Council of the City of Saratoga held on the 1st day of November, 2006, and was adopted by the
following vote following a second reading on the 15th day of November, 2006:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page 2 of3
Ordinance No.
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Norman Kline
MAYOR, CITY OF SARATOGA, CALIFORNIA
Page 3 00
Ordinance No.
.--
SARA TOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
c.
o.;/~
ORIGINATING DI:PT: Public Works
CITY MANAGER:
PREPARED BY:: John Cherbone
~~
DEPTHEAD: ~~
SUBJECT: Kevin Moran Park Conceptual Design Plan
RECOMMEND.ED ACTION(S):
I. Approve Conceptual Design Plan.
2. Authorize staff to begin the Environmental Study based on the Conceptual Design
Plan.
REPORT SUMMARY:
r-
Backl!round:
At the September 20,2006, City Council Meeting, Council directed staff to work with the Kevin
Moran Park (KMP) Task Force to develop a revised conceptual plan for improvements to KMP.
The City Council further directed that the plan be modeled after the neighborhood plan
(Attachment I).
Discussion:
The KMP Task Force met twice over a two week period on October 5th and October 12'h. As in
past meetings, the Task Force worked well together with each stakeholder providing thoughtful
development options for the park.
The first KMP Task Force Meeting began with a clear desire by the Task Force to develop a
consensus plan. After much discussion amongst the stakeholders with the discussion centered on
the size and shape of the practice field, the Task Force came to a consensus on a conceptual plan.
With a consensus in place the Task Force asked staff to bring back a plan for review at the
October 12th Task Force Meeting.
.--
The second KMP Task Force Meeting began with a review of the consensus plan (Attachment 2).
After review by the Task force and comment from the public, the Task Force unanimously
approved a new conceptual plan for the park.
The new conceptual plan includes the following design elements:
...,,/
General Park:
. No sycamore, redwood, or other significant tree removals
. hnproved ADA access
. Existing path resurfacing
. New water service
Southern Area:
. No Parking Lot
. Tennis Court
. Two Bocce Ball Courts
. Restroom (two stalls for each gender)
. Rolling grass area
. Additional picnic facilities
. Landscaped buffer area
. New good neighbor fence
Central Area (Bowl):
. No physical changes to the bowl area
. No physical changes to the existing perimeter path
. New irrigation and drainage improvements
. Additional picnic facilities
. New drinking fountain w/pet bowl
...,,/
Northern Area:
. No game field
. Flat grass practice field with a length of325 feet from tree #126, bounded by the existing
path and the 100' landscape buffer area
. Meditation Garden
. 100' landscape buffer area
. 1/2 Basketball Court
. Ro lling grass area
. Follow Arborist recommendations to protect the large Heritage Oak
. Screened area near soundwall for storage of practice goals
. New good neighbor fence
. Drainage hnprovements
With a consensus plan in place the discussion turned to use issues that dealt mainly with the
anticipated practice schedule and whether practices would be allowed on weekends. After much
discussion, the Task force agreed that a maximum of two user groups will be allowed to have use
permits at the park at anyone time, and each permitted user is limited to a maximum of three
Saturday practices per year and must go through the normal park rental process for that use.
...,,/
With the conceptual plan and practice field use issues agreed upon, thc Task Force asked that the
following recommendations be entered into the record and forwarded to City Council.
The Task Force recommends:
. That the project is fully funded and all dollars committcd.
. That the project is not divided into phases.
. That the project is to follow all arborist recommendations.
. That the environmental phase of the project goes through the "normal" process.
. That the fields are for practice only.
. That a maximum of two user groups have use permits at one time, and each permitted
user get a permit for Saturday practice through the normal park rental process, a
maximum of three times per year.
. That the City will crcate a screened area near the basketball court and the soundwall
for storage of practice goals for the user groups.
In addition, both the Task Force and the Public had the following comments on the conceptual
plan:
Task Force Comments:
. All Task Force members thought the plan was a good representation, and that it was too
early to decide on some ofthe small details. Two TF members commented that there
were too many picnic tables.
Public Comments~
. Concerns that bernlS will allow park users to see into neighbor's yards.
. Congratulations to the Task Force members for a hard job well done.
. City should consider underground drainage or Icach fields.
. Have the Sheriff's review plan for safety.
. Too many picnic tables.
. Concerns with concrete under picnic tables, which could permeate soil and damage trees.
. Existing fmit trees are dead and full oftermites, and should be removed.
. This plan is a good compromise.
. Practice fields are important for our children.
. The plan looks beautiful; thanks to the Task Force.
. Make sure thaI: old oak is protected and do not allow grass, sprinklers, or rocks under the
canopy. Should have bark or oak leaves beneath the oak.
. Should allow people access beneath the oak tree to enjoy.
,
FISCAL IMPACTS:
Conceptual Plan Cost Estimate:
The total project cost for the new conceptual plan is estimated at $1,381,,426 (Attachment 3),
which includes a 10% construction contingency, design fees, and an allowance of $10,000 for
environmental work.
CUITently the CIP includes approximately $340,000 for improvements to Kevin Moran Park;
therefore to construct the project per the new conceptual plan an additional $1,041,426 is
required.
Because the environnlental study must be completed prior to allocation of additional funds to the
project, staff will submit options to City Council for funding consideration once the study is
completed, which most likely will be in January 2007 or soon thereafter.
Maintenance Costs:
With the implementation of new improvements at Kevin Moran Park will be additional annual
maintenance costs. The following maintenance cost estimates are preliminary and most likely
will be modified as design plans are developed and actual costs are realized:
Seasonal Maintenance Worker:
Additional Water Costs:
Tennis and Basketball Resurfacing:
Restroom Maintenance:
Materials/Supplies:
Maintenance Contracts:
Sport User Maintenance Costs:
Total Annual Maintenance Costs:
User Group Revenue:
Net Additional Annual Maintenance Costs:
$20,000
20,000
1,200 (once every 10 years)
3,000
10,000
10,000
15.000
79,200
(15.000)
$64,200
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Depends on City Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the meeting was emailed to the interested party list, and information regarding this
issue was placed on the City's website.
ATTACHMENTS:
1. Neighborhood Plan.
2. New Conceptual Plan.
3. Cost Estimate.
>
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.-+-
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(')
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(1l
::l
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.......
MP A Design
Attachment 3
Landscape Architects
and Urban Designers
4] 4 Mason Street
San Francisco, CA
94102-1719
Kevin Moran Park Job #: 7206.00
Order of Magnitude Cost Estimate
CONSTRUCTION Date: 1 0/12/06
Estimated Unit of Unit price In
Item No. Description quantity Measure Figures Item Total
SOUTHERN LANDSCAPING AREA
SITE PREPARATION
Construction Fence 400 LF $ 4 $1,600
Tree Removal 10"-19" Caliper 8 EA $ 335 $2.680
Project construction signs 1 EA $ 1.300 $1,300
SUB-TOTAL SITE PREPARATION $5,580
GRADING & DRAINAGE
Earthwork 1,181 CY $ 12 $14,172
Finished Grad" 34,203 SF $ 0.27 $9,235
SUB-TOTAL GRADING $23,407
SITE PAVING
Crushed Gravel Paving 4,592 SF $ 4.50 $20,664
SUB-TOTAL PAVING $20,664
IRRIGATION
Turf Irrigation 29,611 SF 0.85 $25,169
Tree Bubblers (2Ea.) 38 EA $ 76 $2.888
Backflow prevention unit EA $ 2,000 $0
Controller EA $ 4,500 $4,500
Controller housing EA $ 1,400 $1,400
BFP Cage 2-1/2" EA $ 2,000 $0
SUB-TOTAL IRRIGATION $33,957
PLANTING
Lawn seed 29,611 SF $ 0.38 $11,252
Amended topsoil (reuse existing soil) 548 CY $ 12 $6,617
Trees (24" Box) 19 EA $ 260 $4,940
60 Day Maintenance 1 LS $ 2,500 $2,500
SUB-TOTAL PLANTING $25,309
TOTAL SOUTHERN LANDSCAPING $108,917
TRAILS
1/7
SITE PREPARATION
Clearing & grubbing 4.949 SF $ 0.15 $742
Strip & Stockpile Topsoil 183 CY $ 10 $1,830
Fence demo 70 LF $ 3.50 $245
AC. Paving demo 2,462 SF $ O.I'O $1.723
Curb & gutter demo 38 LF $ 3.50 $133
Tree Removal 10"-19" Caliper 1 EA $ 335 $335
SUB-TOTAL SITE PREPARATION $5,009
GRADING & DRAINAGE
Earthwork 18 CY $ 12 $216
Finished Grade 4,949 SF $ 027 $1,336
SUB-TOTAL GRADING $1.552
SITE CONCRETE
AC Paving Pedestrian wi Headers 4.949 SF $ 5.00 $24,/'45
Access Ramp 2 EA $ 1,400 $2,800
SUB-TOTAL CONCRETE/ASPHAL T $27,545
SITE LIGHTING
Pathway Lighting 1 EA $ 4,800 $4,800
SUB-TOTAL LIGHTING $4,800
RESURFACING
AC Paving 185 TON $ 12:5 $23.125
$23,125
TOTAL TRAILS $62,031
NORTH GRASS FIELD
SITE PREPARATION
Strip & Stockpile Topsoil 1,503 CY $ 10 $15.030
Construction Fence 900 LF $ 4 $3.600
Tree Removal 6"-9" Caliper 59 EA $ 225 $13,275
Tree Removal 10"-19" Caliper 8 EA $ 335 $2,680
SUB-TOTAL SITE PREPARATION $34,585
GRADING & DRAINAGE
Earthwork 1,503 CY $ 12 $18,036
Finished Grade 81,167 SF $ 027 $21,915
Drainage 1 LS $ 50,000.00 $50,000
SUB-TOTAL GRADING $89,951
IRRIGATION
Irrigation - 4" Mainline /'50 LF $ 11 $8,250
Turf Irrigation 81.167 SF 0.E,5 $68,992
Controller 1 EA $ 4,500 $4.500
Controller housing 1 EA $ 1,300 $1.300
2/7
SUB-TOTAL IRRIGATION $83,042
PLANTING
Lawn seed 81,167 SF $ 0.38 $30,843
Amended topsoil (reuse existing soil) 1,503 CY $ 12 $18,149
60 Day Maintenance 1 LS $ 600 $600
SUB-TOTAL PLANTING $18.749
GOAL SCREENING AREA
Screening LS $ 10.000 $10,000
$10,000
TOTAL NORTH GRASS FIELD $236,327
TENNIS COURT
SITE PREPARATION
Clearing & grubbing 9,000 SF $ 0.15 $1,350
Strip & Stockpile Topsoil 333 CY $ 10 $3,330
Tree Removal 6"-9" Caliper 5 EA $ 225 $1,125
Tree Removal 10"-19" Caliper 1 EA $ 335 $335
SUB-TOTAL SITE PREPARATION $6,140
GRADING & DRAINAGE
Earthwork 333 CY $ 12 $3,996
Finished Grade 1,452 SF $ 0.27 $392
SUB-TOTAL GRADING $4,388
SITE AC PAVING
AC Paving Pedestrian 6.955 SF $ 5 $34.775
Tennis Court Surfacing/Stripng 1 LS $ 15,000 $15,000
SUB-TOTAL C:ONCRETE/ASPHAL T $49,775
IRRIGATION
Irrigation - Shrub/GC (incl. qc's +rcv's) 1,452 SF $ 1.15 $1,670
Controller EA $ 4,500 $0
Controller housing EA $ 1,300 $0
SUB-TOTAL IRRIGATION $1,670
PLANTING
Soil preparation (small areas) 1,452 SF $ 0.55 $799
Amended topsoil (reuse existing soil) 27 CY $ 12 $326
Mulch 1,452 SF $ 0.33 $479
Shrubs (5 Gal.} 25 EA $ 30 $750
Shrubs (1 GaL) 50 EA $ 9.50 $475
60 Day Maintenance 1 LS $ 600 $600
SUB-TOTAL PLANTING $3,429
SITE FURNITURE, SIGNAGE, AND MISCELLANEOUS
6' Bench w/back 1 EA $ 1.800 $1.800
3/7
Bicycle rack ("pipeline", 5 bikes ea) EA $ 1,400 $1,400
Trash receptacle (LU) EA $ 900 $900
Metal Signs EA $ 500 $500
SUB-TOTAL SITE FURNITURE $4,600
FENCING
Net w/Posts 1 ALLOW $ 2.000 $2,000
10' Fence- VC w/ Screening 360 LF $ 85 $30,600
Single swing gate 1 EA $ 550 $550
SUB-TOTAL FENCING $33,150
TOTAL-TENNIS COURT $103,152
RESTROOM BUILDING
Prefab Restrooms Builiding ALLOW $ 135,000 $135,000
Utility Connections ALLOW $ 20,000 $20,000
TOTAL RESTROOM BUILDING $155,000
BASKETBALL COURT
SITE PREPARATION
Clearing & grubbing 3,565 SF $ 0:15 $535
Strip & Stockpile Topsoil 132 CY $ '10 $1,320
Tree Removal 10"-19'''' Caliper 3 EA $ 335 $1,005
SUB-TOTAL SITE PREPARATION $2,860
GRADING & DRAINAGE
Earthwork 66 CY $ '12 $792
Finished Grade 3,565 SF $ 0.27 $963
SUB-TOTAL GRADING $1,755
SITE CONCRETE
AC Paving Pedestrian 3,565 SF $ 5.1;0 $19,608
BB Court Surface/Stripe 1 Allow $ 9,000 $9.000
SUB-TOTAL CONCRETE/ASPHALT $28,608
SITE FURNITURE, MISCELLANEOUS
BB Backboard 1 EA $ 3,500 $3,500
Bicycle rack ("pipeline", 5 bikes ea.) 1 EA $ 1,400 $1,400
Trash receptacle(LU) 1 EA $ 900 $900
6' Bench w/ back 1 EA $ 1.800 $1,800
Metal Signs 1 EA $ 550 $550
SUB-TOTAL SITE FURNITURE $8,150
FENCING
8' Chain Link-VC 215 LF $ 75 $16,125
SUB-TOTAL FENCING $16,125
4/7
TOTAL BASK.ETBALL COURT $57,497
BOCCE COURTS
SITE PREPARATION
Clearing & grubbing 3.250 SF $ 0.15 $488
Strip & Stockp,lie Topsoil 120 CY $ 10 $1,200
SUB-TOTAL SITI: PREPARATION $1,688
GRADING & DRAINAGE
Earthwork 120 CY $ 12 $1,440
Finished Grade 1,150 SF $ 0.27 $311
French Drain 2 EA $ 1,000 $2,000
SUB-TOTAL GRJ\DING & DRAINAGE $3,751
SITE PAVING
Con Heart Redwood Cap and Skirt
Surfacing 1,440 SF $ 10 $14,400
SUB-TOTAL PAVING $14,400
SITE FURNITURE, MISCELLANEOUS
6' Bench 1 EA $ 1,800 $1,800
Metal Signs 1 EA $ 550 $550
SUBTOTAL SITE FURNITURE, MISCELLANEOUS $2,350
TOTAL BOCCI" COURTS $22,188
MEDITATION GARDEIII
SITE PREPARATION
Clear & Grub 1,835 SF $ 0.15 $275
Strip & Stockpile topsoil 55 CY $ 10.00 $550
Tree Removal 6"-9''' Caliper 2 EA $ 225 $450
SUB-TOTAL SIITE PREPARATION $1,275
GRADING & DRAINAGE
Finished Grade 2,993 SF $ 0.27 $808
SUB-TOTAL GRADING & DRAINAGE $808
SITE CONCRETE MEDIANS & MISCELLANEOUS
AC Paving Pedestrian wi Headers 735 SF $ 5.50 $4,043
Crushed Gravel Paving 1,100 SF $ 4.50 $4,950
SUB-TOTAL CONCRETE/ASPHAL T $8,993
IRRIGATION
Irrigation - 4" Mainline LF $ 11 $0
5/7
Irrigation - ShrublGC (incL qc's +rcv's) 1,158 SF $ 1.15 $1.332
Tree Bubblers (2Ea.) 4 EA $ ,'5 $300
Controller EA $ 4,500 $0
Controller housing EA $ 1,300 $0
SUB.TOTAL IRRIGATION $1,632
PLANTING
Soil preparation (small areas) 1,158 SF $ 0,;5 $637
Amended topsoil (reuse existing soil) 21 CY $ 12 $252
Mulch 1,158 SF $ 0.33 $382
Groundcover (F.G.@12"O.C.) 787 SF $ 2.,;0 $1,968
Trees (15 GaL) 2 EA $ 165 $330
Shrubs (5 GaL) 32 EA $ 30 $960
Shrubs (1 GaL) 5 EA $ 9.,;0 $48
60 Day Maintenance 1 LS $ 600 $600
SUB-TOTAL PLANTING $5,176
TOTAL MEDITATION GARDEN $17,884
PICNIC FACILITIES
Drinking Fountain 1 EA $ 5,000 $5,000
Picnic Tables 15 EA $ 1,800 $27.000
TOTAL PICNIC FACILITIES $32,000
NORTHERN LANDSCAPING AREA
GRADING & DRAINAGE
Finished Grade 50,791 SF $ 0.27 $13,714
SUB-TOTAL GRADING & DRAINAGE $13,714
IRRIGATION
Irrigation - 4" Mainline 500 LF $ 11 $5,500
Irrigation - ShrublGC (incL qc's +rcv's) 50,791 SF $ 115 $58,410
Tree Bubblers (2Ea.) 74 EA $ 75 $5,550
Controller EA $ 4,500 $0
Controller housing EA $ 1.300 $0
SUB-TOTAL IRRIGATION $69,460
PLANTING
Soil preparation (small areas) 50,791 SF $ 0.55 $27,935
Amended topsoil (reuse existing soil) 940 CY $ 12 $11,280
Mulch 50,791 SF $ 0.,13 $16,761
Groundcover (F.G.@36"O.C.) 34,540 SF $ 0.114 $29,014
Trees (15 GaL) 37 EA $ 1EI5 $6.105
Shrubs (5 GaL) 150 EA $ 30 $4.500
Shrubs (1 GaL) 705 EA $ 950 $6,698
60 Day Maintenance 1 LS $ 2,000 $2,000
SUB-TOTAL PLANTING $104,292
617
TOTAL LANDSCAPING $187,465
MISC. PARK IMPROVEMENTS
Drainage 1 LS $ 45,000.00 $45,000
Drainage - Main Lines 1 LS $ 25,000 $25,000
New Water Service 1 LS $ 10,000 $10.000
Maintennace/Utility Storage 1 LS $ 15.000 $15,000
Good Neighbor Fence 1,075 LF $ 30 $32,250
Irrigation 102,400 SF $ 1 $87,040
TOTAL MISC, IMPROVEMENTS $214,290
SUB-TOTAL CONSTRUCTION
10% CONTINGENCY
TOTAL CONSTRUCTION
$1,196,751
$119,675
$1,316,426
PS&E DESIGN FEE*
CONSTRUCTION SUPPORT FEE
ENVRONMENTAl STUDY
DESIGN 8, ENVIRONMENTAL STUDY
$45,000
$10,000
$10,000
$65,000
TOTAL PROJECT
$1,381,426
7/7
SARATOGA CITY COUNCIL
'1
CITY MANAGER: r:;;;;? .::::~ -
DEPT HEAD: ~~(7Q...1_~
John Cherbone
AGENDA ITEM:
--
MEETING DATE: November 1, 2006
ORIGINATING DEPT: Public Works
PREPARED BY: ~ffi ~--<
Jo n Cherbone
SUBJECT: Villa~:e Decorative Tree Lighting Proposal
RECOMMENDED ACTION:
I. Accept report and direct staff accordingly.
2. Adopt budget resolution to approve Budget Adjustment No. 19 to Fiscal year 2006/07.
REPORT SUMMARY:
,......
Last December the City Council approved funding to replace the decorative tree lights in the
Village. Council chose to wrap the tree trunks and scaffolding branches per staff
recommendation as lights strung in the tree canopies are much more maintenance intensive.
Because of the high failure rate of lights installed in the tree canopies, staff does not recommend
installation ofthis type in the future.
The following has been determined over the past year:
I. Tree lights need to be re-strung every year, not every three years.
2. Better quality lights are needed to reduce the light failure rate.
3. A quarterly light string replacement is needed to maintain the integrity of the lights.
4. Tree lights installed around the trunks and scaffolding branches lire appropriate and
reduce needed replacement lights.
With these factors in mind, staff solicited two proposals for tree light restringing. The material
cost of the better quality lights are approximately twice the cost of the lights that were installed
last December. The following proposals are based on the better quality lights:
Vendor
Materials
Labor
Quarterly Replacement Total Cost/yr
Sierra Display: $5,350
$5,350
$1,000
$11,700
Lighthouse Installations: $8,025
$5,350
$1,050
$14,425
.--
Depending on City Council direction staff will have the lights restrung by the November Tree
Lighting Event.
,
FISCAL IMPACTS:
I
The current tree lights were funded via the CIP and the balance not expended was returned to the
CIP Reserve. Staff has identified two funding options for replacement of the tree lights: I)
Council Contingency and 2) CIP Reserve.
---
Attached are two budget resolutions reflecting the two above mentioned funding options.
The balance in the CIP Reserve will be $62,687 if the CIP reserve is used and the balance in the
Council Contingency will be $38,300 if the Council Contingency is used.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The tree lights would not be replaced at this time.
ALTERNATIVE ACTION:
Council can direct staff to return with additional tree lighting options.
FOLLOW UP ACTION:
Depends on City Council Direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
...,,/
ATTACHMENTS:
1. Budget Resolution - Council Contingency
2. Budget Resolution - CIP Reserve
...,,/
Attachment 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA
FOR FISCAL YEAR 2006-2007 TO PROVIDE FUNDING
FOR THE VILLAGE TREE LIGHTS
WHEREAS, the City Council desires to provide decorative tree lights in the Village; and
WHEREAS, additional financing in the amount of$II,700 is needed for said project;
:md
WHEREAS, it is necessary to approve Budget Adjustment No. 19 to Fiscal Year 2006-
07 as follows:
Account Description
Gen Fd-Parks-Contract Svcs
Gen Fd-Council Contingency
Account#
001-3030-532-5241
001-1005-511-5135
Amount
+$11,700
- $11,700
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves Budget Adjustment No. 19 to Fiscal Year 2006-07.
BE IT FURTHER RESOL VED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 151 day of November 2006 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
-
Cathleen Boyer, City Clerk
Attachment 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA
FOR FISCAL YEAR 2006-2007 TO PROVIDE FUNDING
FOR THE VILLAGE TREE LIGHTS
WHEREAS, the City Council desires to provide decorative tree lights in the Village; and
WHEREAS, additional financing in the amount of$ll,700 is needed for said project;
and
WHEREAS, it is necessary to approve Budget Adjustment No. 19 to Fiscal Year 2006-
07 as follows:
Account Description
Gen Fd-Parks-Contract Svcs
Gen Fd-ClP Reserve
Account#
001-3030-532-5241
001-0000-330-4000
Amount
+$11,700
- $11,700
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves Budget Adjustment No. 19 to Fiscal Year 2006-07.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on I,t day of November 2006 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
Cathleen Boyer, City Clerk
.-
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2006
AGENDA ITEM:
'B
t:JJL?
ORIGINATING !l)Ep"T: Ci
(
er's Office CITY MANAGER:
PREPARED BY:
C
DEPTHEAD:
Dave Anderson, City Manager
SUBJECT: Historic Book/Video of the City of Saratoga
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
At the September 20,2006 City Council meeting, Saratoga resident Jack Mallory submitted the
attached letter (Attachment A). Mr. Mallory requested that the City contribute funds to begin a
historic book/video of WilIys Peck.
.-
Staff recently had a dialogue with Christine Wasmond, Execute Director of KSAR. Ms.
Wasmond expressl:d that the film crew and commentator she used for to film the various events
surrounding the City's 50th Anniversary could be used for this project. Ms. Wasmond also noted
that footage from the 50th Anniversary could be incorporated into this project as well.
Staff, is recommending that the City Council provide funds to the Saratoga Historic Foundation.
to undertake this project.
FISCAL IMPACTS:
Actual impacts wilI depend on Council direction. Funds could be appropriated from Council
Contingency. The current balance of the Council Contingency is $50,000 however, $11,700 is
being proposed for another funding source for an on this agenda. If the $11,700 is approved the
balance of Council Contingency would be $38,300
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
.-
ALTERNATIVE ACTION:
City Council could make funds contingent on matching funds from other entities such as the
Saratoga-Monte Sereno Community Foundation, Rotary, or other such groups.
.
j
FOLLOW UP ACTION:
Depending on City Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Letter form Jack Mallory
'-'
'-/
-/
20f2
Willys Pel~k, Town Historian
Proposal as submitted by Jack Mallory, 9/19/06
As we finish celebrating the 50th anniversary of our city, I recommend our town mark the
end of our celebration by authorizing the compiling of Saratoga's history as recorded and
saved by Willys Peck, Saratoga's Historian during the next nine months.
Willys grew up in Saratoga. His father was the owner and editor ofthe town newspaper,
the Saratoga Star which was later combined with a Los Gatos paper and his mother
taught creative writing. He has lived in the city since 1923.
What should be the goal?
1. Saratoga's history from Florence Cunningham's book to 2006 or the first 50
years as a city.
2. Record video interviews about Saratoga
3. Collect all of his books, articles, and columns
4. Prepare: and document a list of items he would like to eventually donate to the
Museum
5. Preparation of a biography on the life of our town historian
6. Provision for suitable storage and display space.
This will involve hiring a:
I. Historical writer
2. Video specialist
3. Archivist
Possible funding sources grants and donations:
1. City grant
2. Rotary grant
3. Federated church
4. Individuals in the town
5. Saratoga-Monte Sereno Community Foundation
6. Oth(,r Foundations
7. Unused funds from the 50th anniversary
8. Others
Rough estimated cost to do a first class job that could serve as authentic historical
records/artifacts is in excess of $20,000
Facts on Willys Peck
I. Was baptized in the Saratoga's Federated Church in 1924 and been a member
since 1936, perhaps its oldest church member. The church's chapel and
adjoining meeting rooms are oldest church structures in Saratoga.
2. Graduated from DC Berkley in Journalism
3. Served in the army during World War 11 in Europe
4. Was a reporter and copy writer for the San Jose Mercury for 55 years.
5. Was a Saratoga lawyer for 30 years
6. Has been a town historical columnist for the Saratoga News for the many
years
7. Was the president of the Saratoga Historical Foundation for 17 years and
served on the foundation board since its founding.
8. Leads tours of the historical sections of towns and has given many talks on the
history of Saratoga.
9. He and his wife Betty were selected Saratoga citizens ofthe year
10. Has been proudly and warmly acclaimed as Saratoga's town character
11. His home was built in 1921 or 1922
12. Has collected and saved Saratoga memorabilia, artifacts, and history in his
home which has welcomed many Saratoga citizens and visitors.
13. Has written plays and had them performed in his backyard theater
14. Has an operating antique steam engine and track around his home.
15. Helped establish the former Valley Institute of Theater Arts
16. Helped with the efforts to create the city of Saratoga 50 years ago.
17. Performed in local play with Olivia de Havilland who became a well know
Hollywood actress.
18. His wife of 54 years, Betty was heavily involved in education as a teacher,
supervisor, and book writer and is a member of the women's Foothill Club,
the oldest organization in Saratoga.
Prepared by Jack Mallory, 9/19/06