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HomeMy WebLinkAbout05-11-1982 CITY COUNCIL AGENDACITY OF SARATOGA r Initial: AGENDA BILL NO. Dept. Hd. DATE: May 11, 1982 C. Atty DEPAR'ITIa]T: Administrative Services C. Mgr. SUBJDC`r: Request from Library Commission for Expenditure of Library Bond Funds Issue Sunnary The Library Commission has been evaluating a variety of suggested improvements for the Saratoga Community Library. Attached are requests for the following items: 1. driveway widening improvements (estimated cost $2,000) 2. plans for correcting drainage problems near storeroom (no cost estimate for plans) 3. plans for design and construction of an awning over bookdrop (no cost estimate for plans) 4. purchase and installation of plastic inserts for rafters above front door (estimated cost $50) 5. purchase of three patio benches (estimated cost $600) Recommendation Authorize expenditure of Library Bond construction funds to cover expenses associated with the five items listed above. Fiscal Impacts The Library Bond Construction Fund has a balance of approximately $43,182. All items requested by the Commission are eligible expenses from the con- struction fund. Expenditure for the above five items would leave a balance of approximately $40,000 depending upon the cost of plans for items 2 and 3. In addition," as soon as plans are developed for items 2 and 3 listed above, the Library Commission will be including those costs as a request in the 1982- 1983 Capital Improvement Budget. Exhibits /Attachments Requests from Library Commission Council Action 5/19: Watson /Clevenger moved to approve proposed improvements. Passed 5 -0. 1� i. i 1 . 61982 MAY To: Mayor Callon and Council Members 1- From: Saratoga Library Commission Re; Expenditpr:g of Library Bond Issue Funds for improvement of driveway V The• dx ewav eye t�zr r "t�"aX1Ge f onSSI'a�rAga;'1ST:enUe ,...? i •`l .. f .i ,+J., i�••Y .. .1rr r has been' a•'haaad since the library opened, There, have :,b'de'h - complaints from clients and 'near misses' of cars entering and leaving he g parking area. The Library Commission has studied the problem and has consulted City Engineer Trinidad. The attached dr Ewing indicates the recommended changes necessary and the proposed traffic 'flow: With appropriate ° markings., The estimated` cost for these improvements is $2000. The Library Commission recom- mends this expenditure of Library Bond monies ._ . 4. f ; ' � ; i Chairm Saratoga Library Commission .. � � - ?•i'; .. : - •fir _ _ -..c'+ . ..�..! � ..: x. i•f' r :y' it -.:r - S-Cole /",=/O" RED MAY May 7, 1982 To*: Mayor Callon and City Council From: Saratoga Library Commission Re: Expenditure•of.Library Bond Issue Funds for needed--.improvements, Of p.prOva1z­ 'f,,t.,the'. f llowing r o p ojects and for funds from" the Library Bond Issue Fund to cover the expenses, The Saratoga Library Commission approved these projects at the April 28 meeting, 1. Plans for correcting drainage of area near storeroom. This condition may be due to (a) rlettling-of the building, (b) landscaping, (c) gutters. Some damage has been done to floor tiles in the storage area. Completion of this project should be before the rainy season. Plans-must ' be drawn before estimate of cost'' can be made. 2. Plans for a permanent awning over newly located bookdrop. 3. Plastic inserts between the.rafters at the library entrance.'' ' Estimated cost $50. (A City respon- sibility) These inserts were not installed when the building was constructed. ,4,,,.Three patio benches (included in the original -E§ti��tbd' '6' `$'6 0 0" T1'6 Sig b t 6 d by the Commission has been approved by the Park Maintenance Department. A patron has indicated interest in donating a bench as a memorial. It is possible that the other benches could be given as memorials. If so, the cost of the benches .would be returned to the Library Bond Issue Fund. Mary J'. Koss, Chairman Saratoga Library Commission 0 AGENDA BILL NO �p DATE: 5/11/82 DEPARTMENT. City Clerk CITY OF SARATOGA Initial: Dept. Hd. C. Atty C. Mgr. ti SUBJECT: Resolution authorizing Acceptance and Consent to Deeds and Grants --------------------------------------------------------------------- - - - - -- Issue Summary Government Code Section 27281 requires that any deed or grant conveying an interest in or easement upon real estate to a city must not be accepted for recordation without the consent of the city as evidenced by a certificate attached to the deed or grant. The officer authorized to accept and consent to such deeds or grants is designated by resolution. The most recent such resolution passed by Saratoga designated Robert Beyer as City Clerk. Most cities simply designate the office rather than the name of the individual holding the office. Recommendation Adopt Resolution 40 -7 authorizing City Clerk to accept and consent to deeds or grants. Fiscal Impacts None. Exhibits /Attachments Resolution 40 -7 Council Action 5/19: Jensen/Mallory moved to adopt Resolution 40 -7. Passed 5 -0. L -�.r }`ta J.t+!liry 7%�1'�c^st vl"'LZ`•:iH� �`r,r RESOLUTION NO. 40 -7 RESOLUTION AUTHORIZING ACCEPTANCE AND coNSENT TO DEEDS AND GRANTS 'The City Council of the City of Saratoga hereby resolves as follows: Pursuant to Government Code Section 27281 of the State of California, the City Clerk is hereby authorized to accept and consent to deeds or grants conveying any interest in or easement upon real estate to the City of Saratoga for public purposes. Resolution No. 40 -6 of the City of Saratoga is hereby superseded and repealed and shall be of no further force or effect from and after date of this resolution. This resolution was regularly introduced and passed at a regular meeting of the City Council held on the day of , 1982, by the following vote: AYES: NOES: ABSENT: MTEST City Clerk , Mayor CITY OF SARATOGA ^ //__ 6 p Initial: AGENDA BILL NO. 01 0 Dept. Hd. A DATE: May 12, 19 82 C. At DEPARTMENT: Planning & Policy Analysis C. Mgr. SUBJECT: Second Revision of ABAG Housing Need. Determinations Issue Summary 1. Upon advice from legal counsel,ABAG has indicated it can not accept the reduction in the Housing Needs Determination the City requested on March 17th. 2. Using 1975 Special Census data the housing need number can be reduced from 469 Units to 458 units. 3. Saratoga can claim credit for the 200 units acquired through the Sunland Park annexation thus reducing the actual housing need number to 258 units. 4. The City should adopt a second resolution,superceding the first, reflecting the above changes before May 27th. ,Recommendation Adopt the second resolution superseding the first so that the City will have a housing need revision acceptable to ABAG. Fiscal Impacts None anticipated Exhibits /Attachments Exhibit A - Resolution 1068.1 Exhibit B - Staff Report dated 5/11/82 Council Action 5/19: Watson /Mallory moved to adopt Resolution 1068.1 Passed 5 -0. RESOLUTION NO. 1068.1 A RESOLUTION SUPERCEDING A PORTION OF RESOLUTION NO. 1068 REVISING THE HOUSING NEEDS DETERMINATIONS FOR THE CITY OF SARATOGA WHEREAS, the Association of Bay Area Governments is the council of governments (hereinafter "ABAG.") under the�Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584 "), to determine'the. existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine each city's and county's share of the regional- housing needs; and WHEREAS, ABAG's staff has prepared and circulated, for public review and comment, a draft Housing Needs Report•meeting the ,:. .�........... - ,,.,• ._....,:....,.....,.....r`. . requirements o f Section 6558 4 and WHEREAS, after a duly noticed public hearing held on December 17, 1981, the ABAG Executive Board considered the proposed Housing Needs Report and comments thereon; and WHEREAS, the ABAG Executive Board found such report includes consideration of all factors listed in Section 65584 in proposing the initial determination of regional housing needs; and F.r.��atFlrr`v�.in7bi* rA? s? . WHEREAS, the Housing Needs Report was approved by the ABAG Executive Board for the purpose of beginning the official review and revision of the determinations contained therein; and WHEREAS, ABAG's staff have worked with the staff of the City of Saratoga to ensure that the most complete and reliable information has been used in the determination of housing needs for ..... this jurisdiction; and WHEREAS, after further consultation with ABAG's staff subsequent to the adoption of Resolution No. 1068 it was determined that certain portions of the proposed revisions to the Housing Need Determination contained in that resolution were inappropriate for'ABAG to consider; and WHEREAS, the City of Saratoga desires to revise its share of the regional housing need based on available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW THEREFORE BE IT RESOLVED, that using more current and reliable 1975 Special Census information in ABAG's analysis reduces Saratoga's housing r.?5�nrtvx:krrxT „�i+�esa need number from 469 units to. 458 units; and. be it further r RESOLVED, that the households in the 200 units annexed by Saratoga in February 1981 would have been assumed in the City of San. Jose's housing need calculations and that, in effect, transferring these households and units from San Jose to ' Saratoga during the 1.980 -85 period means Saratoga has already accommodated all but 258 units of its share of the regional housing need; and be it further RESOLVED, that this Resolution only supercedes the total housing need component of Resolution No. 1068 and does not affect any other components of the housing need described in that resolution or clarifications of those components; and be it further RESOLVED, that, pursuant. to Section 65584, the City of Saratoga revises its share of the regional housing need, as contained in the December 1981 Housing Needs Report published by :, ABAG; and be it further t .],Nye•,+ �' �S i F 3 �.-'K 3Y„!• {sib r^a.t ..lTLY � #c�M1i?".r'�,sr+,3Tn��., .�)e'�a'rw.`b..iy"CS� t •: i.t 1Z...,�• SG ,� `[ ,f"5, j!° 'ni Y�S�' }y. -fie RESOLVED, that this revision is made effective May 27, 1982; and be _ " it further RESOLVED, that the data and methodology used support such revision; ._.._. :.; >, :.... and be it further RESOLVED, that the ABAG Executive Board is requested to act on such revision in accordance with the requirements of Section 65584; and be it further ♦• <�^ -(�i �' J f`d �'5i"�''Y t'v'`'.iy (. ,��+,4Yri.f�i��} RESOLVED, that a copy of this resolution be transmitted to the Executive Director of the Association of Bay Area Governments. The above and foregoing Resolution was passed and adopted by the City of Saratoga City Council, State of California this 19th day of May 1982. AYES: NOES: ABSENT: ABSTAINED: Mayor, City Council ��uFaXMt *� ��tvxc�r tt° i N ATTEST: " V Secretary 3Y„!• {sib r^a.t ..lTLY � #c�M1i?".r'�,sr+,3Tn��., .�)e'�a'rw.`b..iy"CS� t •: i.t 1Z...,�• SG ,� `[ ,f"5, j!° 'ni Y�S�' }y. -fie ,(',;e.:pyf 5 i'•p (.w ¢.�bF� "t `�, is XQX5& REPORT TO MAYOR AND CITY COUNCIL DATE: 5/11/82 COUNCIL MEETING: 5/11/82 SUBJECT: Status of Revision of ABAG Housing Needs Determinations ---------------------------------------------------------------------- - - - - -- S UMMJA,RY 1. ABAG staff has indicated, due to advice from -legal counsel, that ABAG will not be able to accept the reduction (.from 469 to 285) in the Housing Needs Determination the City proposed in its Resolution requesting revision of that.determination on March 17th. 2. ABAG will allow a slight reduction from 469 to 458 units based on revisions using 1975 Special Census data generated by the County. 3. Saratoga can revise the Housing.Needs Determination through its Housing Element when lccal government constraints on housing production are considered. 4. As an alternative, Saratoga could claim credit for annexing 200 units in the Sunland Park area which would reduce the housing need number to 258. ABAG suggested this particular option so it will be accepted by them. 5. The City can adopt a second resolution adopting the housing need number (458) as revised by use of 1975 census data and then: a) Indicate that the City will not be able to produce that many units because of the 40 -45o reduction in density due to Measure A, or b) Indicate that the City has annexed 200 households which reduces the remaining need for further housing production to 258 for 1980 -85. RECOWIENDA TION Staff recommends that the City Council adopt a second resolution accepting 458 as the City's housing reed for 1980 -85 but also utilize option 5(b) above and indicate that since 200 housing units and households were annexed during this p--riod the number of new housing units that need to be produced in Saratoga is actually 258. Status of Revision of ABAG Housing / Needs Determinations May 11, 1982 Page 2 BACKGROUND AND EXPLANATION ABAG has been considering proposed revisions to individual county and city housing need. numbers since March 31, 1982. AB -2853 allows ABAG 60 days to accept or reject the proposed revisions. Final action on the revisions will take place on May 27th by ABAG's Executive Board. During the review period legal counsel for ABAG indicated.that revisions based on voter - adopted restrictions on growth, such as Measure A, could not be accepted. The reasons for non - acceptance are: 1. AB -2853 does not.specifically include self - imposed limitations on local growth among the criteria for determination of the regional housing need. 2. Consideration of such constraints is required in the Housing Element when it is being adopted by the City. (The City not ABAG must be accountable for such constraints which is one of the purposes of AB- 2853.) The City would therefore have to make a case for reduction in the housing need number in its Housing Element based on the reasons for passage of Measure A (i.e. environmental constraints such as landslides, and other geologic hazards, circulation and road maintenance problems, etc.) Such a position could be defendable and, under AB -3252, the burden of proof that Measure A lacks a real and substantial relation to the public welfare would have to be bcrne by those suing the City for an inadequate Housing Element should that ever occur. . A second and easier option has been offered by ABAG staff. ABAG will revise the housing need number downward from 469 to 458 units based on revisions due to 1975 County Special Census Data. Saratoga would then accept 458 units as its housing need number by a second resolution. However, Saratoga could take credit for the 200 units in Sunland Park which were annexed to the City in 1981 therefore the Resolution would indicate that only 258 new units need to be constructed in 1980 -85. (ABAG has sent a letter to staff verifying this option.) This option works because ABAG's methodology is sensitive to changes in the number of households generated and housed. Also, this option allows San Jose to build more units based on available sewer allocations since they do not have to serve the units in Sunland Park. (Saratoga's sewer allocation can comfortably support the 200 units annexed.) It should be noted that only three other local governments besides Saratoga were having some difficulty in getting their revisions approved; Napa County, Moraga, and Livermore. At the time of this writing Napa County and Moraga had agreed to revision options proposed by ABAG. Also, Livermore appeared to be leaning towards settlement. Saratoga could be the only City without some sort of revision agreement worked out by ABAG. ABAG would like to avoid that situation therefore the 200 unit credit for annexation was suggested. Status of Revision of ABAG Housing Needs Determinations May 11, 1982 Page 3 CONCLUSION There are several advantages to using the second option offered by ABAG. It actually reduces the number of new units that need to be produced than identified in the City's original revision request (258 vs 285). It also allows San Jose to provide mere affordable housing than might otherwise be possible. Also, Saratoga can not be "singled out" as the only City unable to agree with ABAG on a revised housing need number. The reduced density created by Measure A can still be accounted for in the Housing Element but probably should be used in determining housing need past 1985. Staff feels this option is acceptable because it creates less of a burden on the City in terms of required new construction and the City can still determine the best method of meeting the remaining need. The City Council does need to take action prior to the Executive Board meeting on May 27th. W441.�- Michael Flores Assistant Planner MF /mgr FREDERIC C.BENNER ARTHUR HARRIS JOHN G. EVAN5 KENNETH K.MOY To: From: Re: RECFIyE7o LAW OFFICES 'PH �+ 1982 B E N N E 1 0 sHH AK R Rue, ulr oo E V A WN�O POCICy gNALYSI S BERKELEY, CALIFORNIA 94704 -1258 (415)848 -0630 MEMORANDUM April 15, 1982 Executive Board John G. Evans, Legal Counsel RPC /Action on ABAG Housing Needs Report At its April 7, 1982 meeting, the ABAG Regional Planning Committee (RPC) voted to recommend Executive Board action on the ABAG Housing Needs Report which has been prepared pursuant to AB 2853 (1980, Roos). The RPC recommendation was made subject to resolution of several issues, some legal in nature, which were to be considered by the Executive Board. This Memorandum discusses the legal issues, which are: (1) May a jurisdiction's share of the regional housing need be stated as a numerical range of housing units? (2) Is ABAG required to accept voter - adopted restrictions on growth as justifying reduction in a locality's share of the regional housing need? (3) In its December, 1981 Housing Needs Report, ABAG determined the regional housing need to be 216,800 units. Now it is recommended that the regional housing need be reduced to 209,300. Will this reduction prevent the ABAG Housing Needs Report from complying with the requirements of AB 2853? These issues are addressed below. My conclusions have been reviewed with ABAG staff. One caveat is in order. AB 2853, the statute which mandates -1- the ABAG Housing Needs Report, is not tightly or carefully drafted. AB 2853 has not been construed by the courts on the subjects addressed in this memorandum. Therefore, any legal opinions are matters of interpretation at this point. (1) May a jurisdiction's share of the regional housing need be stated as a numerical range of housing units? AB 2853 requires ABAG to "determine the existing and projected housing need for its region" and "each locality's share" of that regional housing need. While AB 2853 does not precisely state that the regional or local need must be quantified, the conclusion is inescapable that hard numbers are intended. For example, Government Code Section 655831 requires that the housing element of local general plans contain quantified objectives. Section 65583(b) leaves little doubt that these quantified objectives are to be stated in numerical terms. Since the raison d'etre of ABAG's Housing Needs Report is to provide the quantified numbers for preparation of local housing elements (see Section 65583(a)), the conclusion is compelled that ABAG's regional housing need and the local shares derived therefrom must be stated in hard numbers. Two jurisdictions have proposed that their shares of the regional housing need be stated in numbers ranging from low to high. This offers no legal problem to ABAG so long as the low or minimum local share identified in the range is equal to or greater than the share for that locality as finally determined by ABAG under AB 2853. In this way, ABAG can still assure that each jurisdiction's share complies with the AB 2853 mandate and will, when added to other local lUnless otherwise indicated, all references are to Government Code. -2- shares, aggregate to the regional housing needs number. In principle, it is of no concern that a jurisdiction identifies a range of units which at the high end exceeds the share finally determined by ABAG under AB 2853; in fact, such an elevated goal would be complimentary to the spirit and purpose of AB 2853. On the other hand, it should be understood that in its Housing Needs Report ABAG would defend only such final local share because of certainty that this number is consistent with AB 2853 criteria and technically supportable. (2) Is ABAG required to accept voter - adopted restrictions on growth as justifying reduction in a locality's share of the regional housing need? This question arises because of a contradiction in the proposed handling of local growth restrictions. ABAG staff felt required to accept voter - imposed growth limitations as a constraint upon a locality's housing needs share, justifying reduction of that locality's housing needs share as originally determined in the ,December, 1981 ABAG Housing Needs Report. On the other hand, staff felt that similar restrictions imposed by a local governing body could not justify a reduction in a locality's housing needs share. This staff distinction appears to be unjustified. Neither type of growth limitation should be considered in determining a locality's housing needs share. Section 65584 sets forth the criteria to be used in developing and distributing the housing needs for persons at all income levels within an area affected by a local general plan. The housing need is to be based upon available data, taking into consideration "market demand for housing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and the housing needs of farm workers." It is further required that the distribution of needs "seeks to avoid further -3- impaction on localities with relatively higher proportions of lower income households." AB 2853 does not include self- imposed (whether by voters or governing board) limitations on local growth among the criteria for determination of the regional housing need. Rather, AB 2853 requires local consideration of such constraints by a city or county in developing and adopting its housing element. The locality must analyze "potential and actual governmental constraints upon the maintenance, improvement or development of housing for all income levels, including land use control, building codes and their enforcement, site improvements, fees and other exactions required of developers and local processing of permits and procedures." Section 65583(a)(5). Further, Section 65583(c) requires the local government to devise a program which sets forth a five year schedule to accomplish its housing goals through "the administration of land use and development controls." The program is required to identify adequate sites which will be made available through "appropriate zoning and development standards needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory built housing and mobile homes in order to meet the community's housing goals ..." Under these circumstances, it seems clear that ABAG's function in developing the Housing Needs Report is to provide and distribute an overall regional housing need based upon pertinent AB 2853 criteria. After the housing needs shares are regionally determined, the function reserved to the local jurisdiction is to evaluate and deal with local land use regulations and local governmental constraints in developing and enacting a local housing element. ABAG should not accept local growth limitations (whether voter - imposed or not) as justification for reducing a local housing needs share. The verity of this conclusion -4- is indicated by (1) AB 2853's failure to include local growth constraints (even though such constraints are mentioned extensively elsewhere in the bill) among the factors to be considered by ABAG and (2) its assignment of such considerations to local governments. If growth controls were to be factored into the regional determination of housing needs, or to be accepted by ABAG in revision thereof, the local consideration of, and accountability for such constraints, which is clearly sought by AB 2853, would be defeated. The provisions of AB 3252 (1980, Papan) do not compel acceptance of voter - adopted local growth restrictions. The effect of AB 3252 is merely to reverse the evidentiary burden of proof in litigation regarding general plans. Prior to AB 3252 the rule was, under Associated Home Builders v. City of Livermore, (1976) 18 Cal. 3d 582, 135 Cal. Rptr. 41, that the party challenging the constitutionality of a growth restriction (on the basis of invalid exercise of police power) bears the burden of proving that the restriction lacks a real and substantial relation to the public welfare. AB 3252 changes this burden of proof, excepting certain growth limitation measures adopted by initiative or referendum prior to the effective date of the bill. The effect of AB 3252 is not to validate or insulate from litigation such prior- adopted measures, but to leave intact the Associated Home Builders rules of burden of proof. (3) In its December, 1981 Housing Needs Report, ABAG determined the regional housing need to be 216,800 units. Now it is recommended that the regional housing need be reduced to 209,300. Will this reduction prevent the ABAG Housing Needs Report from complying with the requirements of AB 2853? Section 65584(a) requires the Department of Housing and Community Development (HCD) to provide data to ABAG respecting the existing and projected -5- housing need for the region. HCD did this in June, 1981. Based upon Department of Finance (DOF) interim population projections (which had not been extensively reviewed by all affected agencies), HCD advised ABAG that the region can 206,000 new households between 1980 and 1985. ABAG's December, 1981 Housing Needs Report estimated the projected regional housing need to be 216,800 units. Based upon revisions authorized and made under Section 65584(c), ABAG now proposes to reduce the number of units to approximately 209,300. This number still exceeds the original HCD estimate. The 216,800 units contained in the December, 1981 Housing Needs Report was an initial determination. It was clearly subject to the revision process set forth in Section 65584(c). This revision process allows local governments ninety (90) days within which to revise their local housing need share. Thereafter, within sixty (60) days ABAG is allowed to accept or reject the revision, based upon available data and accepted planning methodology. As such, Section 65584(c) clearly sanctions and allows possible reductions of the original estimate published by ABAG. Subject to the caveat mentioned above, the mere fact that the regional housing need is reduced from the initial determination published in December, 1981 should not make ABAG's final Housing Needs Report legally deficient; provided that, adequate justification exists for the reductions, a technical issue which the staff is prepared to address and defend. 10 RECEIVED h4 AY 11 1982 o4eAEAG PLANNING POLICY ANALYSIS. Association of Bay Area Governments Hotel Claremont • Berkeley, California 94705 - (415)841 -9730 May 10, 1982 Michael Flores Assistant Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mike: It was nice to talk to you today regarding the housing needs number for Saratoga. I hope the following clearly explains a possible course of action for the city, as discussed on the phone. Basically, there are two items that need to be addressed. First, the use of more current information for Saratoga as identified in the 1975 Special County Census and second, the question of how to deal with the February 1981 annexation of 200 units. Use of the 1975 Special County Census information changes the 1975 household figure from 8,236 to 8,270; the 1975 housing unit figure from 8,494 to 8,475; the 1980 estimate of available housing from 9,495 to 9,486; and the 1980 estimate of available vacancy rate from .0211 to .0201. Using this more current information yields a 1980 -85 housing needs number of 453 units versus the original determination of 469 units. An increase of 458 units would provide for an additional 423 households. We have reviewed the question of how to handle the February 1981 an- nexation of land that includes 200 housing units. The households accommodated by these units would (were it not for the annexation) have been assumed in San Jose's housing need calculations. In effect, transferring these households and units from San Jose to Saratoga dur- ing the 1980 -85 period means the city has already accommodated all but 258 units of its share of the regional housing need. As a consequence of the above, we plan to recommend to our Executive Board that it find acceptable a revised projected 1980 -85 housing needs number of 458 units. The above is an alternative for Saratoga's consideration. I hope it is both clear and acceptable to the city and that your city council can adopt a resolution to revise the housing need number from 469 to 458 based on the 1975 Special Census data considered more current and reliable. Your council needs to take action by May 27, the day our Work Program and Coordination Committee, acting on behalf of the Ex- ecutive Board, will take final action. Representing City and County Governments in the San Francisco Bay Area Michael Flores May 10, 1982 Page two Thanks for your continued cooperation and participation on this arduous task. If you have any questions, do not hesitate to call. Sincerely, Daniel B. Lopez Chief of Housing CITY OF SAPATOGA Initial: AGENDA BILL NO. 4 % 3 Dept. Hd. DATE: May 13, 1982 C. Atty. DEPARTMENT: Planning & Policy Analysis C. Mgr. SUBJECT: Status of Manufactured Housing Ordinance Issue Summary 1. Some Commissioners requested return of Ordinance because they felt they had insufficient information and were not aware of all their options. Council agreed to return Ordinance. 2. Commission formally voted to reconsider Ordinance and have held one study session and one public hearing since that vote. 3. Commission has requested Deputy City Attorney to investigate whether pending .legislative bills will modify existing law. 4. Commission has continued public hearing and awaits further input from City Council. Recommendation 1. Conduct informal public hearing. 2. Give Commission direction based on the outcome of that hearing. Fiscal Impacts None anticipated Exhibits /Attachments Exhibit A - Staff report dated 5/13/82 Exhibit B - Staff report dated 4/27/82 Exhibit C - Deputy City Attorney's letter dated 2/24/82 Exhibit D - Department of H.C.D. letter dated. 1/23/81 Exhibit E - Draft Manufactured Housing Ordinance dated 10/19/81 Council Action 5/19: Consensus to refer to Planning Commission. REPORT TO MAYOR AND CIrT'Y COUNCIL DATE: 5/13/82 COUNCIL MEETING: 5/19/82 SUBJECT: Status of Manufactured Housing Ordinance SUMMARY CHRONOLOGY 1. July 1, 1_981 - SB -1960 becomes effective. Requires local governments to permit manufactured homes in R -1 Districts. 2. September 1981 - Staff presents law to City Council at study session. Council directs preparation of Ordinance to allow manufactured homes in all districts. 3. September - December, 1981 - Staff prepares information and initial Ordinance for Planning Commission consideration. 4. December 9, 1981- January 13, 1982 - Commission conducts public hearings and study sessions regarding Ordinance. Commission adopts resolution recommending approval of Ordinance allowing manufactured homes in all residential districts. 5. February 3, 1982 - Council considers Commission report and agendizes for study session. 6. February 23, 1982 - Some Commission members request Council to refer Ordinance back to Commission at joint study session. Council agrees. 7. February 24, 1982 - Commission votes to formally reconsider Ordinance. 8. March - April, 1982 - Staff collects all legislative bills pertaining to manufactured housing and further information. 9. May 4, 1.982 - Commission holds brief study session on Ordinance. 10. May 12, 1982 - Public hearing before Commission on Ordinance. Public hearing continued to May 26, 1982. RECOMMENDATION For City Council information. CITY E1 = AFi,A�(?GA REPORT TO MAYOR CITY COUNCIL AND DATE: 5/13/82 COUNCIL 'MEETING. 5/19/82 SUBJECT; Status, of Manufactured Housing Ordinance ----------------------------- ------------------------------------------- SUMMARY CHRONOLOGY 1. July-1, 19.81 -'$B-1960 becomes effective. ',Requires local governments to permit manufactured homes in It -1 Districts. 2. September 1981 - staff presents law to City Council at study session. Council directs preparation of Ordina-nce to-allow Manufactured homes in all diStrictse 3. Septenil�er-f)ef)embmbipr129lk17-Staft prepares information and n� initiAl Ordinance for Planning CQmmissko consideration.' 4. 15e.cembe'r 9, 1981-January 13, 1982 - Commission conducts_ public hearings and study sessions regardinq.Ordinance. Commission adopts resolution recommending approval of o Ordinance allowing manufactured homes in All residential* districts.. 5. February 3' 1982 - Council considers Commiss ,on 'report and agendizea for study session. 6. February 23, 1982 Some Commission merabers*request Council" to refer ordixiance back.to Commlasion at jpiJitr study s'o'ssion. Council, agrees. 7. February 24, 1982 Coftnission votes to formally,reoonsider Ordinance- 8. Staff oolle cts all legislative k�ijjs persaitting to manufactured housing and ,furthor.information. 9. May 4'r 1982.- Commission holds brief study aes:p1pn, on ..Ordinance. 10. Ma 12, 1982.- Public, hearing before-Cmmissi in on on Ordan-de. Public hearing continued takla')(.26, 1.9,$2, 22F,,C0MML,"NDATION �'or cant pc(MuCcil information, Status of Manufactured Housing Ordinance May 13, 1982 Page 2 BODY OF REPORT The Commission requested that the City Council send the Ordinance back for further work since they felt that all their options were not clearly understood and that-further information on other bills dealing with manufactured housing was required. Some Commissioners felt they had been rushed on the earlier recommend- ation. Staff collected the information requested by the Commission for its May 4th study session. At that time Commissioner Monia expressed concern as to whether the Commission could reconsider the Ordinance without a formal vote of the.Council to refer the Ordinance back to the Commission. Staff was directed to clarify this with the City Attorney. The Commission also agreed to request that Mr.. Logan, a legislative analyst, attend a study session or meeting to explain and explore the options allowed by State law in complying with SB -1960. The Commission conducted a public hearing on the Ordinance on May 12, 1982. No one from the audience spoke on the Ordinance. The Deputy City Attorney indicated that it was appropriate for the Commission to cons-ider the Ordinance again based on the Council's informal referal. The Commission then directed the Deputy City Attorney to investigate whether any pending bills would affect the existing law which requires local governments to allow manufactured housing. Questions were also raised as to the issue of compatibility, "spot zoning" or designated zones., whether a specific R -1 zoning district can be set aside for manufactured homes, and whether the Housing Element should. identify manufactured homes as a need before the Ordinance is adopted. Staff noted that no changes to the existing law have been adopted. The public hearing was continued to May 26th. The Commission will be awaiting further -input from the Council after it conducts its informal public hearing on May 19th. 'Michael' Elores Assistant Planner MF /mgr mo 0&7az1x00z 091J� REPORT TO PLANNING COMMISSION DATE: 4/27/82 Commission Meeting: 5/12/82 SUBJECT Manufacturing Home Ordinance (SB -1960) At your last study session, Ordinance was brought up by reviewing the various bills Ordinance with the Planning SUMMARY: the issue of the Manufactured Home the Commission. Staff has been and is prepared to discuss the Commission. One of the main concerns of the Planning Commission at their hearings on the Manufactured Housing Ordinance was the con- fusion between the terms mobile tomes and manufactured homes. SB -1960 clearly states that manufactured housing includes mobile homes. However, the Commission should refer to Hal Toppel's memo dated February 24, 1982, bottom of page 1 and top of page 2 which states that the National Mobile Home Construction and Safety Standards Act of 1974 has been amended to delete all reference to "mobile homes" and substitutes the phrase "manufactured homes ". The Federal law does not distinguish between dwellings with or without permanent foundation. However the California legislation refers only to mobile homes on permanent foundations. For further clarification of the topic, staff would refer the Commission to page 3 of the report entitled. "The Manufactured Housing Alternative". BACKGROUND: In February 1982, the Planning Commission approved Resolution GF -334 which recommended the addition of manufactured homes as permitted within single - family detached residential districts of Saratoga. This item was subsequently sent to the City Council for their consideration and approval of the Ordinance. However, the Planning Commission voted to reconsider their original action Manufacturing Home Ordinance April 27, 1982 Page 2 during early March. The City Council also requested that the Ordinance be sent back to the Planning Commission for further study. The Planning Commission indicated that they were not completely aware of the contents of SB -1960 and other manufactured housing bills and wished to study the matter further. Since that time,' staff has received copies of all of the bills dealing with manufactured rousing or mobile homes. Staff has included a brief synopsis of each one of these bills for the Commission's review. Additionally, the bills are attached as appendices to the staff report for your review. Many of the bills included have no application at all to the land use issues of manufactured housing within the City of Saratoga. I have-asked the Deputy City Attorney to review these bills and he will be prepared to make comments either at the study session on May 4th or the public hearing on May 12th. The main bill that the Planning Commission is dealing with is SB -1960 (Raines). This Bill went into effect July 1, 1981. The Bill is saying that it is illegal to pass a local ordinance which prohibits manufactured housing within a City. However, it does specify that the City can designate certain zoning districts or lots within a zoning district to be utilized for manufactured housing. There are several requirements which have to be made in terms of compatibility with surrounding areas. It is a judgment call on behalf of the Planning Commission as to what they want to define as compatible. Regarding the issue of compatibility, I would refer the Commission to a memo from the Deputy City Attorney dated February 24, 1982 regarding manufactured housing as well as a memo from the Department of Housing and Community Development from Carolyn Burton, Deputy General Council dated January 23, 1981. Those two memos explain the details of SB -1960. The issues before the Planning Commission regarding SB -1960 include: 1. In what zoning district(s) is it appropriate to allow manufactured housing? 2. Does the Planning Commission wish to designate specific lots within the City's residential districts or com- mercial districts for manufactured housing? The Ordinance which the Planning Commission forwarded to the City Council in February indicated that all single family detached residential zoning districts were appropriate for manufactured housing. Pros of this particular approach is that you would not have a concentration of manufactured housing in one particular district and the argument against such an action is that manufactured housing, because of its size, may not be compatible with some of the larger houses within the larger Manufacturing Home Ordinance April 27, 1982 Page 3 districts. Regarding issue #2, the Planning Commission should develop some very specific criteria to designate lots within the City which will be zoned for manufactured housing. The criteria established should be such that one wishing to place a manufactured home in a residential district would know -if their lot qualified or did not qualify. The staff has included the original ordinance which authorizes the erection of manufactured homes in all residential districts within the City. Other information included in the Commissioner's packet is an article entitled "The Manufactured Housing Alternative, Questions and Answers for California Communities ". In staff's opinion, the manufactured housing alternative article which you received before, gives a very clear picture of what the law says, the requirements and the difference between manufactured housina and mobile homes. It further clarifies the restrictions that the Planning Commission can place on manufactured homes. PROCESS: Staff has scheduled this item for a study session at the may 4th meeting to follow the General Plan review. We plan on receiving sufficient direction so we can revise the Ordinance to comply with the Commission's desire and then forward it to the City Council for their consideration. It should be noted that the public hearing has been scheduled for the May 12th meeting so that the Planning Commission can take public testimony. Staff would appreciate the opportunity to sit down and talk to any of the Commissioners regarding the contents of any of the bills enclosed in the packet or the articles which are enclosed for the Commissioner's information. R. Ro inson, J Planning & Policy Analysis RSR /mgr Enclosures: 1. SB -1960, SB -484, SB -431, SB -2084, SB -2095 2. Letter from City Attorney, February 24, 1982 3. Memo from Carolyn Burton, Department of Housing & Community Development re: Department Legal Interpretation of SB -1960 4. "The Manufactured Housing Alternative" 5. Planning Commission Reports, 12/9/81 and 1/13/82 6. Draft Ordinance 7. Resolution No. GF -334 8. Housing - Manufactured Related Bills PAUL B. SMITH ERIC L. FARASYN Ut NFUL \4 B. sHERER LEONARD 1. 51ECAL FLAROLD S.TOPPEL FRA,iK E. MAYO STEVEN G.BAiRD ATKINSON - FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P. O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967- 6', -)41 February 24, 1982 Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Manufactured Homes FAr�� -�?, 1. M. ATKINSON, (nsnReo) L. M. FARASYN, (1915 -1979) Section 65852.3, recently added to the Government Code, provides that the City shall not prohibit the instal- lation of mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C., Section 5401, et seq.) and installed on a foundation system pursuant to Section 18551 of the California Health & Safety Code on lots zoned for single - family dwellings. Section 65852.3 specifically authorizes a municipality to designate certain lots within a. residential district as being "co;lt- patibl.e" for mobile home use, and the City m::'y subject any mobile home and the lot on which it is placed to any or all of the same development standards applicable to a conventional single - family dwelling. By way of example, the statute men- tions building set- -back standards, side and rear yard re- quirements, standards for enclosures, access and vehicle parking, and minimum square footage requirements. With respect to design review, Section 65852.3 allows a city to impose architectural requirements, but limits such requirements to roof_ overhang, roofing material and siding material. The foregoing provisions have been incorporated into the ordinance authorizing the installation of manufac- tured homes in all residential districts, as adopted by the Planning Copunission and recommended to the City Council. With respect to the National Mobile Hoene Construc- tion and Safety Standards Act of 1.974, it is significant to C: c" Saratoga Planning Commission February 24, 1982 Page 2 note that such act was subsequently amended so as to delete all references to "mobile homes" and substitute the phrase "manufactured homes ". The Act is now known as the Manufactured Home Construction and Safety Standards Act. A "manufactured home" is defined in Section 5402(6) to mean: "A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, -is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when con- nected to the required utilities, and in- cludes the plumbing, heating, air condi- tioning, and electrical systems contained therein; except that such term shall in- clude any structure.which meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a cer- tification required by the secretary [of Housing and Urban Development] and complies with the standards established under this title." The federal act authorizes the secretary of Housing and Urban Development to establish minimum construction stan- dards for manufactured homes and declares it to be unlawful for any person to sell a manufactured home which does not comply with such standards. The federal act specifically excludes from its coverage any structure which the manufac- turer certifies to be: 1. Designed only for erection or installation on a permanent foundation; 2. Not designed to be moved once erected and installed; 3. Designed and manufactured to comply with nationally recognized building codes or equivalent local codes or any state or C, Saratoga Planning Commission February 24, 1982 Page 3 local modular building codes or the HUD minimum property standards; and 4. To the best of the manufacturer's knowledge, is not intended to be used other than on a site -built permanent foundation, Although the federal law defines a manufactured home in terms of a structure to be used as a dwelling with or without a permanent foundation, the California legislation refers only to mobile homes which are installed on permanent foundations. Consequently, a municipality would be entitled to adopt special regulations pertaining to, mobile homes which are not installed upon a permanent foundation. The California Department of Housing and.Community Development has issued a legal interpretation of Government Code Section 65852.3 (SB 1960), a copy of which is attached hereto for your information. you may I will be happy to invE y have concerning this matt HST:jh enclosure S. STATE OF CAUFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT January 23, 1981 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel RE: Department's Legal Interpretation of SB 1960 EDMUND G. BROWN JR.. Governor .' a 'sx �J s�,��'y In 1980 the Legislature passed and Governor Brown signed into law SB 1960 (Rains) which provides for mobilehomes in single family residential zones (Chapter 1142, Statutes of 1980). Currently, many localities, exclude mobilehomes entirely, or restrict their location to mobilehome parks. This new law, which will take effect on July 1, 1981, assures that mobilehomes will have a place in every California community, In summary, the new statute precludes prohibition by a city or county of installation of newer mobilehomes (built since 1974) which are installed on permanent foundations on lots zoned for sinale - family residences. Alternatively the local ity may designat�ites for mobilehomes in single family zones. The local jurisdiction may apply setback, sideyard, parking, and other development standards which it would apply to a conventional house on the same lot. Architectural standards may be applied to the mobilehome which deal specifically with roof overhang, and roofing and siding materials. Excerpts of the new law are attached. A number of questions have arisen regarding the proper interpretation of this law. These questions, and the legal interpretation of the Department of Housing and Community Development follow. 1. Must mobilehomes meeting the standards of the bill be allowed on every lot in single family zones. Yes -- except that the locality may designate specific sites in single family zones for mobilehome use as an alternative approavc 1.—ffo ever, the number of single family sites excluded from use by mobilehomes is limited by several considerations, most importantly, housing element requirements. The first sentence of the new laa is a general proscription against prohibiting mobilehomes (meeting the specified standards) on lots zoned for single family dwellings. However, the second sentence provides an alternative approach: the city may designate lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. If a locality utilizes this approach and does designate single family lots for mobilehome use, it is not required to allow mobilehomes on every lot zoned single family. -1- l The empirical basis for determining the number of lots designated for mobilehome use is in the locality's housing element. Statutory requirements . for a local housing element -- whether prepared pursuant to Government Code Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing with Section 65580, of the Government Code (AB 2853)- _r_eggire a locality to c0nsld6r mofl e-i oxnes an rovide adequate sites with zoning to a`rTUW-fvr- mob -H-e,�ro 'Es. To t -he extent that there is a need for lo,d and moderate income Housing, and these needs are not being met through other housing programs, the locality must zone an amount of residential land for mobilehomes commensurate with such need. Furthermore, in order to withstand an equal protection challenge (see questions 5 and 6 below) the locality should designate all lots which are equally compatible for mobilehorne use and be abeto po n to t -e characteristics which distinguish lots which were_3esi nated from those lots wh�c�i were no n practice, since a Tots in a_zone will genera e equally compatible for the placement of mobilehomes, mobilehomes sh loud be a ded as an a owa e use_ or an e_ ntie sing e i y rest en �a zone.�� 2. What does it mean that a locality may designate lots "which lots are determined to be compatible for such mo e ome use "? The word "compatible" is not defined and, therefore, the locality may exercise its own judgment in determining compatibility. However, there must be a rational basis for this determination. In complying with this provision, the local jurisdiction should establish the components for a compatibility standard and, prior to designating single family lots for mobilehome use, determine that the lots meet this standard. The ✓jurisdiction may wish to make findings to this effect. Generally, sites will be compatible for mobilehome use if mobilehomes will meet the existing zoning and subdivision requirements. The fear that the placement of a mobilehome on a lot might have a negative economic effect on surrounding lots does not mean that it is an incompatible land use. Additional criteria that the city could consider in making the determination are probably limited to architectural and historical factors. The litmus test would be that the mobilehome would appear "totally out of -6-1—ace- I uTT stratiee examples of mobilehorne non - compatibility based on these criteria might be in -fill lots in an historic preservation area or an area composed of Victorian - styled structures. These situations invoke both of the criteria noted above. Other older_neighb9rh�o IOnDOSaof lard two -story residences, although nt. g A-yariety of st_ylesa might 1-� rise be�archit- icturally incompatible for mobilehomes. A word of caution, however. As the state of the art progresses, mobilehomes may be designed which will be totally compatible with Victorians or other architectural types. 7Fu_S, compatibility may be reduced to simply meeting existing zoning and subdivision requirements. This standard provides the necessary rational basis and is easy to apply. Since it also reflects the subsequent requirement of the statute that the locality may subject the -2- c � mobilehome to the same development standards that _apply�to a conventional_ single famiTy-weTl-ing, this standard would not be subject to legal cF1-J-Tl enge. 3. Does the zoning_ for mobilehome parks or subdivisions comply with the new law? A locality may continue to zone for mobilehome parks or subdivisions. However, such zoning will meet the requirements of the new statute only if conventional single family structures are also allowed in such zones. Where such mobilehome park or subdivisions exclude conventional single family residences, the locality would still be required to allow mobilehomes in single family zones or designate lots in single family zones for mobilehomes. 4. What is the relationship b.et --i en the new law and the Mob i.l ehome Parks c —,dith respec o use perms sf The Mobilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 18300(g)(3) states that the provisions therein do not prevent a jurisdiction from requiring a use permit for a mobilehome which is installed outside of a mobilehome park. While SB 1960 did not explicitly repeal Section 18300(g)(3), a local requiremenr t of a use permit for a mobilehome in a single fami" y residential zone is inconsistent wi Fie ne_w law._ The first sentence of the new statu of prec ud� es a locality from prohibiting mobilehomes on lots in single family zones. Requiring a use permit implies possible prohibition of the mobilehome use since the request for a permit could be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should not be required, This is 1ikew__ise true if theeoocaTality opts for the alternative of designating single family lots for mobilehome use Once the site has been designated, there is no need for a use permit. If the permit w'4rE--graTT e , it would be superfluous; if the permit were denied, the locality would be in violation of the statute. With respect to conditional use permits, conditions relating to factors other than the fact that t e structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that mobilehomes may be subjected to the same development standards as are placed on conventional single family dwellings. 5. Does the new statute require a city or county to "spot zone "? "Spot zoning" is the practice of restricting a small parcel as an "island" and giving it less rights than surrounding properties where no rational reason exists for such a restriction. The classification would be discriminatory, i.e., in violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning since the property has not been discriminated against. -3- The new law does not intend for localities to designate lots i_n_sinc. �a`rriily z�n�s �xc usiveIy for mobilehome use_ Sites identified for. mo e ome use s_EouTd be available for convent�ional construction as w.-! I. Tn`e-ffZc Cfie permute uses on the property have been expanded to include mob f ehomes _— Me-property has therefore been treateT- ravorabll y by— aTlT,,,Ilnq an additional use, and not discriminated against. This is not spot zoning. 6. Can the property owner whose single family lot is not zoned for mobiiehomes alleqe iscrimination. A property owner who wants to place a mobilehome on a lot where such use is prohibited, could argue that the property has been discriminated against if other, similarly situated properties, were designated for mobilehome use. While a locality has a great deal of discretion in exercising its zoning authority, the judicial test for determining whether a zoning classification violates equal protection standards is as follows: 1. The property owner challenging the regulation must demonstrate than his or her property stands in precisely the same relationship as those properties receiving preferential treatment (i.e., those where mobilehomes are an additional use); and 2. The more narrow zoning classification must not have been made on an arbitrary basis, but rather must be based upon some distinction which justifies the differential treatment. Meeting this standard should not be a problem for a locality in complying with the new law since this is the same standard that must be applied in traditional zoning practices. It simply means that the desi ng ation of site for mobilehome use must have some rational basis. This basis ­­will be the same as the locality's determination of compatibility. For example, if very narrow in -fill lots in urban areas are rejected for mobilehome use as not "compatible" (because of the need for a larger lot), the rational basis test would be met. On the other hand, in suburban residential areas where there is large lot zoning, there may be no basis for determining one lot is compatible, another is not. In this situation, the most appropriate way to designate lots for mobilehome use may be the adoption of a mobilehome overlay permitting mobilehomes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on property which prohibits mobilehomes? No. Restrictive _covenants prohibiting_ob_Ue _Qm3 res;dentia loth _an (entered into either before or after passage of the bill) are not directly affectec- fTiy`S�T906.�Thv courts have upheld covenants restrictlnol e use of proper iy �n ffie face of more_expnsive__zoninq requirements. (See teg'slative Coun`seTOpinion No. 16044, 11/17/30, affirming this view.) However, the department has issued an opinion indicating that restrictive covenants prol- ii6i�F`nq mobilehomes may be unenforceable and that S3 19--6-0—add s aCU—QJonaT suppor_ obi- this view. -- -- �—'— -- -4- Courts have refused to enforce restrictive covenants where, due to "changed conditions ", it would be oppressive and inequitable to the property owner to do so. For example, this night occur where a property is restricted to single family residential use and, over a period of. years, the neighborhood has changed from residential to commercial. Maintaining the lot as residential no longer benefits surrounding properties (for whose protection the covenant was entered into in the first place) and imposes a hardship on the owner of the restricted property. Rezoning of surrounding areas to coam ercial is one of the factors of "changed conditions" that a court could consider in deciding whether or not to enforce the restriction. By analogy, the rezoning of a "compatible" area to allow mobilehomes pursuant to SB 1960, could be a factor used by a court to determine whether- changed conditions render a restriction against mobilehomes unenforceable. The new law is also evidence that such restrictions are contrary to publ is pol icy, a factor to be considered by the court in deciding whether a restriction should be enforced. Covenants prohibiting mobilehomes may also be narrowly interpreted by the courts to apply only to older mobilehomes rather than newer mobilehomes - -many of which are visually indistinguishable from conventionally - constructed homes. This interpretation would be consistent with a general judicial rule to interpret such restrictions in a manner which limits encumbrances on property. [The department's legal opinion analyzing the enforcability of these covenants is available upon request.] 8. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general law cities and counties unless there is specific language applying the provision to charter jurisdictions. (See, for example, Government Code Sections 65804 and 65918.) The new law contains such a provision, explicitly applying it to charter cities and counties. -5- �!Nrr. +.- w+.w.,Mw�- ?ta <�r�rfr; :rar,:: . :•i., -.v.,, ,.. "`��t�=�� +eAib►? s Aw�ayti ...r►ay...r.V �!q„}:.�y �n+N.t;.Y+9�.s✓lw.M+w. -VI • wu..� � : i•�.Y w; is _ ' :, - -. n'_..- :.., <` v�,a 10719/81 C C ORDINANCE NO. DRAFT AN ORDINANCE AUTHORIZING THE ERECTION OF f MANUFACTURED HOMES IN ALL RESIDENTIAL DISTRICTS IN THE CITY OF SARATOGA The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: The City Council of the City of Saratoga does hereby adopt an ordinance which will permit the erection of manufactured homes in all residential districts of the City in accordance with SB -1960 (Chapter 1142, Statutes of 1980). SECTION 2: Section 1.5 of Ordinance No. NS -3, the Zoning Ordinance of the City of Saratoga, is hereby amended to read as r follows: odd-1. Manufactured Home. A structure, including a mobile home, as defined in Section 5402(6) of the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §5402(6))." SECTION 3: Article 3B of Ordinance No. NS -3, the Zoning Ordinance of the City of Saratoga, is hereby enacted to read as follows: "Article 3B. Manufactured Homes in Residential Districts. Sec. 3B.1. Applicable Zoning Districts. Manufactured homes shall be permitted to be erected in all R -1 (one - family residential) and HC -RD (hillside conser- vation residential) zoning districts within the City of Saratoga, provided that said homes are erected in compliance with the regulations established in this article. Sec. 3B.2. Applicable Regulations. All manufactured homes sought to be erected pursuant to this Article shall: (a) Conform to all the requirements of Article 3 and Article 3A of Ordinance No. NS -3 (the Zoning Ordinance), and Ordinance No. NS -60 (the Sub- division Ordinance) of the City of Saratoga; and (b) Be subject to the same design review approval process of Article 13 of Ordinance No. NS -3 and Ordinance No. 3.47 of the Saratoga City Code as applies to non - manufactured homes; and (c) Possess the necessary building permits as required by the Saratoga Department of Community Develop- ment. Said permits shall include grading permits, building permits, plumbing permits, electrical permits, construction permits and mechanical permits; and -1- ;t'l.pi-�: .•0.r: � i.+. i.•r' ;.r:.3.�` (d) B1( laced on a permanent foundation as approved by the Department of Community Development. Sec. 3B,3. Development Standards. n Prior to the issuance of a building permit t erection of a manufactured home on a permanent foundation pursuant to this Article, all such homes shall receive design review approval and shall meet the following development standards: (a) Have exterior siding as approved by the Planning Commission extending eighteen (18) inches above finished grade and consistent with conventional building materials; and (b) Have a shingled, pitched roof with eaves, or a roof of alternative materials and design acceptable to the Planning Commission; and (c) Have an enclosed garage or carport with a minimum square footage of twenty (20) feet by twenty (20) feet to provide off - street parking. The exterior material of the garage shall be compatible with the exterior siding of the structure." SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 5: This ordinance shall effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after waiting the time required by law, was thereafter passed and adopted this day of 1981, upon the following votes:. AYES: NOES: ABSENT: ABSTAIN: Mayor of the City of Saratoga ATTEST: Clerk of the City of Saratoga -2- I� CITY OF SARATOGA Initial: AGENDA BILL NO ,2 �] 0 Dept. Hd. DATE: May 14, 1982 C. Atty. DEPARTMENT: City Manager C. Mgr. SUBJECT: Revenue Snaring Hearing Issue Summary Federal Revenue Sharing regulations require local agencies to conduct two (2) public hearings prior to adopting budgets for use of revenue sharing monies. The first such hearing is scheduled for Wednesday, May 19. Its purpose is to allow the public the opportunity to identify priorities and proposed uses of Revenue Sharing monies before the budget is presented. The second hearing will be scheduled after t'e proposed budget is presented, but prior to its adoption. The latter hearing is held to provide opportunity for the public to react of the City's proposed use of Revenue Sharing monies. The attached report describes current balances and possible uses of Revenue Sharing funds. Recomnendation Conduct the initial public hearing; provide appropriate direction to staff to prepare Revenue Sharing budget. Fiscal Impacts None at this time. Exhibits /Attachments 1. Report to Council from City Manager, dated 5/11/82. Council Action 5/19: No action. 2090 N�IENIOO RANDUNiI TO: City Council FROM: City Manager 99TT @0 0&M&'X00& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 DATE: May 11, 1982 SUBJECT: Analysis of Revenue Sharing Fund Utilization Last month, you directed me to report to the City Council on the utili- zation of the City's Revenue Sharing monies and penalties for failure to allocate receipts within two years. Table A,.attached, displays the Revenue Sharing transactions of the City of Saratoga since 1972 -1973 fiscal year, the first fiscal year of entitle- ment. Over the past ten years, including the current fiscal year, entitlements received by the City have totaled $1,342,388. During this same period, expenditures will total $1,336,123. Thus, entitlements received during the past ten years have exceeded actual and estimated expenditures over the same period by little more than $6,000. During the period since 1972 -1973, the City has earned interest on Revenue Sharing balances, all of which have been credited to the Revenue Sharing Fund, and has been reimbursed for projects paid for with Revenue Sharing monies. These other credits have amounted to $464,935. By the end of this current fiscal year, I project a Revenue Sharing balance of $471,200. This amount is $6,000 more than the combined total of other credits re- ceived by the Revenue Sharing Fund since 1972 -1973. Table B shows the appropriations that were approved by your City Council for the current fiscal year. These appropriations totaled $225,271. Of this amount, however, I expect that only $125,915 will be expended by June 30, 1982. We have not been able to complete final recommendations on three items (number 893, 897', and 899) and one item (number 896) will not be expended fully by the end of the fiscal year. Thus, of the current year's appropriations, approximately $100,000 will be returned to the Fund balance. Revenue Sharing May 11, 1982 Page two TWO YEAR LIMITATION Regulation 51.100 (b) of the Office of Revenue Sharing provides that recipient governments must spend., obligate or appropriate Revenue Sharing funds within 24 months of the of the entitlement period to which each check applies. In this context, funds are appropriated when a recipient government,in accordance with the laws and procedures appli- cable to its own.source of revenues, enacts an "ordinance or resolution authorizing the expenditure of funds for a specific purpose and in a specified period. Revenue Sharing funds may be invested as long as State and local laws regulating investment of locally raised revenues are observed. The 24 month time limitation, however, must be met when appropriating, obligating or spending the funds or interest earned on the investment of the funds. This regulation is not found in the act establishing Revenue Sharing as adopted by Congress. It is in the regu- lations promulgated by the Department of Treasury ostensibly under the authority granted to the Department by the Revenue Sharing Act. A close examination of Table A indicates that in the year 1977 -1978, the ending balance of $348,536 exceeded the total available in that years and the year prior for the first time. In each of the years since 1977 -1978, the ending balance has also exceeded the amount available for that year and the year prior. Only the Office of Revenue Sharing itself can deter- mine whether this condition would relate to the-24 month regulation on use of Revenue Sharing monies. PROPOSED USE OF REVENUE SHARING BALANCES A reference once again to. Table A indicates the expectation that the current fiscal year will end with a balance of $471,200 in the Revenue Sharing Fund. We further anticipate an additional $144,600 in new revenues for the next fiscal year (the final year of the current authorization period) resulting in a total available of more than $615,000. Table C identifies. eight projects totaling $295,000 for which Revenue Sharing may be utilized. If the City Council wishes to appropriate additional Revenue Sharing monies at this time, I would not hesitate to recommend each of these eight projects to you as being beneficial projects with significant impacts both presently and in the future for the community. Appropriation of the monies at this time would reduce the projected.fund balance for the current fiscal year by a substantial amount. While some of the projects can be completed quickly and the monies expended, other projects on the list will require considerable effort and lead time before monies would actually be obligated. Revenue Sharing May 11, 1982 Page three Under the Revenue Sharing procedures, we are obligated to conduct a public hearing in advance of your consideration of the Revenue Sharing budget for the coming fiscal year. This first of two public hearings has been scheduled for May 19. At that time, you are to receive comment from the public concerning proposed uses for Revenue Sharing funds avail- able in the coming fiscal year. Following this public hearing, the proposed Revenue Sharing budget is prepared and made public. After that, a second hearing is held at which the public may comment upon the proposed use of Revenue Sharing money for the fiscal year 1982 -1983. That second hearing will be conducted in conjunction with your budget.considerations for fiscal_, year 1982 -1983. *J.Wayn:en Dinrtz ck attachments TABLE A REVENUE SHARING TRANSACTIONS 1972- -1982 Fiscal Year Entitlements Other Credits Total Available Expenditures Year End Balance 1972 -73 .156,680 1,956 158,636 50,135 108,501 1973 -74 116,593 10,970 127,563 149,681 86,383 1974 -75 115,928 10,186 126,114 21,246 191,251 1975 -76 128,728 11,923 140,651 164,488 167,414 1976 47 138,285 (85,000) j 6,829 145,114 122,755 274,773 1977 -78 140,230 96,000) 20,814] 161,044 183,281 348,536 1978 -79 143,334 34,385 177,719 61,076 465,179 1979 -80 144,968 74,263 219,231 127,480 556,930 1980 -81 135,863 52,609 188,472 329,981 415,421 1981 -82 (est.) 121,779 60,000 181,779 126,000 471,200 1982-83 (proj.) 124,600 20,000 144,600 N.A. TABLE B 1981 -1982 APPROPRIATIONS Appropriation Estimated Program 1981 -1982 Expenditure 6/30/82 Fund 30 (Revenue Sharing) 821 Carpet Replacement 3,700 2,983 822 Water Cooling Tower 2,500 4,130 823 Paint McWilliams House 2,000 2,000 824 Speed Buffers 1,200 1,200 825 Theatre Lighting Booth 2,700 2,700 847 Saratoga Village Signs 2,500 1,709 848 Various Purchases 2,585 2,580 849 Toro Lighting Deck 2,150 2,189 850 1 -Ton Dump Truck 14,000 12,146 851 Community Gardens 1,000 �1,500' 2,500 882 2 -Ton Truck 8,500 8,960 883 Power Sweeper 25,000 25,000 884 8 -Ton Truck 30,000 26,472 890 IBM Typewriter (Community Center) 995 937 891 12 Tables 350 318 892 3 Administration Vehicles 18,000 18,000 893 Computer 25,000 -0- 894 Chamber of Commerce 1,000 1,000 895 Catholic Social Service 1,691 1,691 896 Community Services Officer 30,000 8,000 897 Financial Forecast Committee 2,500 -0- 898 Solar Utilities Study 1,400 1,400 899 Phone Systems 45,000 -0- Total 225,271 125,915 TABLE C PROPOSED REVENUE SHARING ALLOCATIONS ..Estimated Balance 6/30/82 $471,200 Less: Recommended Appropriations current year 1. Landscape District Annexation Study $ 35,000 2. Pavement Management System 20,000 3. Pierce Road Repairs 35,000 4. Street Repairs Demo Project 50,000 5. Village Library Repairs 40,000 6. Signal at Argonaut (4 share) 30,000 7. Data Processing System Allocation 60,000 8. CATV Analysis 25,000 Total $295,000 Revised Estimated Balance 6/30/82 $176,200 Projected Revenues 82 -83 144,600 Total Available 1982 -1983 Fiscal Year $320,800