Loading...
HomeMy WebLinkAbout07-15-1982 CITY COUNCIL AGENDACITY OF SARATOGA Initial: AGENDA BILL NO. 300 Dept. Hd. DATE: July 15, 1982 C. At -Y DEPARTTmENT: Administrative Services C. Mgr. ------------------------------------------------------------------- - ----- L - -- - - - - -- SUW=: Civic Theatre Rental Fees Issue Sunrary An increase in rental rates for the Civic Theatre is being recommended in order to increase revenues used to support the operating costs for the Civic Theatre. Annual operating costs are estimated at $34,555. Theatre groups booked 71% of the time during calendar year 1981. Revenues necessary to cover.costs at the 71% level in 1981 total $24,535. If the recommended rates had been in effect for the entire 1981 calendar year; they would have generated approxi- mately $30,000. Based upon projected bookings for fiscal year 1982 -83, it is anticipated the fee increases being recommended will recover 71% ($24,535) of operating costs. The fee increase will take effect August 1, 1982, except for groups already ..-haying -,Via'- signed rental agreement for calendar year 1982 (at current rental Recommendation l.Adopt Resolution No as follows: Use Rehearsals Performances Partial Use Move In /Move Ocut 2.Adopt gross receipts altering the fee schedule for Civic Theatre rentals Present Rate Rate Effective 8 -1 -82% 5.0 5 130.00 185.00 65.00 65.00 15.00 20.00 policy described in background memo. Fiscal Impacts Based upon average usage in calendar year 19$1, revenues fir calendar year 1982 -83 should increase by $7,665. At the old rates, revenues for 1982 -83 were estimated at $17,015 while at the new rates they would -be $24;680. Exhibits /Attachments Background Memo Resolution No. _ Report from City Manager, 7/27/82 Summary of Cost Allocation for Civic Theatre Council Action 7/21: Continued. to 8/4., directed staff to meet with drama groups. 8/4: Fanelli /Clevenger moved approval of Resolution 780 -22 with effective date of 1 /l. " Passed 4 -1 (Moyles opposed). 48 -1 -82 new rates will not affect groups which have already signed a rental agreement. AgWe NIEMOO RANDUI�'I UMEW @:T 0&M&UQ)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 . TO: Mayor and Council FROM: Assistant City Manager DATE: July 15, 1982 SUBJECT: Increase in Rental Rates of the Civic Theatre Due to increased costs of operating the Civic Theatre building and direction by Council to speed up cost recovery proposals, an increase in rates for rentals of the Civic Theatre are being recommended. In the 1981 calendar year the Civic Theatre was in use approximately 302 days of the year, 214 days of that reserved for drama group rentals. The 214 days represent 71% of the total usage days. Rental increases in Civic Theatre rates last occurred in January of 1981. The rates recommended are based upon the estimated annual opera- ting cost of the Civic Theatre, $34,555. The Civic Theatre has been booked on a calendar y accomodate the scheduling of various drama groups is based upon a fiscal year, which makes cost and somewhat difficult. Based upon the bookings for staff believes the fee increases recommended will operating costs for 1982 -33. aar basis in order to The operating budget revenue comparisons calendar year 1981, recover 71% of the Staff is recommending an effective date for the increase of August 1, 1982, in order to recoup as much revenue in 1982 -83 as possible. Some groups do have dates reserved for the remainder of 1982. However, many of those who have dates reserved have not yet signed a rental agreement, nor have they made a reservation deposit. Those groups who have a signed rental agreement will not be subject to the fee increases. Exhibit A is attached for comparison purposes showing rental rates for similar theatre facilities. Civic Theatre Rental Rates July 15, 1982 Page two Proposal for Percentage of Gross Receipts During budget discussions the concept of developing a method to re- cover more of our operating costs for the Community Center and the Civic Theatre has been explored. Staff is recommending the implemen- tation of a specific proposal as outlined below. The proposal being recommended is to charge a percentage of gross receipts for all groups charging admission, selling tickets or holding fund - raising events held in City facilities. We are recommending an assessment of 5% of gross receipts from all such events held in City facilities in order to further offset the cost of operations. The groups would continue to pay the established rental rates. Our rental fees at this time for the Community Center and Civic Theatre do not completely cover all operating costs. In attempting to generate additional operating revenues, the gross receipts method is an equitable way to supplement the rental fees in that it spreads the charges based upon the amount of revenue being col- lected by each group. A large activity, heavily attended, with a higher ticket price, will pay more than a smaller activity. However, the percentage (5 %) would affect each situation equally. The 5% of gross receipts will be collected following each event and will be in- cluded as part of the rental agreement. With approval of the above recommendation, we propose a January 1, 1983, implementation date in order to give users sufficient time to take the gross receipts policy into consideration during their planning activities. It is difficult to indicate a specific revenue projection for this pro- posal as we do not have information from user groups on the amount of gross receipts received. During 1983 -84 budget discussions, it will be possible to give some projections as we will have six months of experience with the policy. We do know, however, three primary drama groups - the Saratoga Drama Group, Community Players, and West Valley Light Opera Association - estimate annual sales at 20,000 tickets. RECOMMENDATION: It is recommended that Council approve the above proposal on gross receipts in order that we can begin steps for implementation. ck 64 Patricia M. Mu ens ck EXHIBIT A Montgomery Theatre, San Jose - capacity 536 8:00 a.m. -5:00 p.m. Rehearsals $130 Performances 200 6:00 p.m. -12:00 a.m. Rehearsals $130 Performances 200 Reservations overlapping both time periods Rehearsals $230 300 City of Sunnyvale - capacity 200 Non - profit /co- sponsored groups pay $9 per hour when audience is in theatre Rehearsals $15 per hour Performance cost depends on admission price Admission Hourly Performance Cost 0- our 1 -2 25 /hour 2-3 35 /hour 4 -5 45 /hour 5,-6 55 /hour 6 -7 65 /hour Paul Masson Does not rent theatre out. VITA pays all labor and security costs, approximately $500 per performance. EXHIBIT A CIVIC THEATRE - RATE COMPARISONS Saratoga Civic Theatre - capacity 300 Rehearsals $.55.00 Performances 185.00 Partial Use 65.00 Move In /Out 20.00 West Valley College - capacity 392 Non - profit groups Performances Rehearsals Profit groups Performances Rehearsals Villa Montalvo - capacity 299 $ 60 per hour + stage technician 12 times hourly salary $ 30 per hour + stage technician 12 times hourly salary $120 per hour + same as above 60 per hour + same as above Rental rates are determined on an individual case -by -case basis, set by the Board. Rates depend on group size, requirements of the function, amount of space requested. Rates range from $2.00 - $7.50 per person ($598 - $2,242.50) City of Campbell - Theatre at High School - capacity 1,100 City co- sponsored groups $100 per use Non - profit groups 150 per use Profit groups 200 per use In addition to the rental rates, all groups above must also pay: $15 processing fee 60 custodial fee for evenings and weekends 6 per hour for stage manager + one hour for set up and take down Public Liability insurance with $300,000 minimum naming City of Campbell as co- insured The Campbell facility is not equipped with a sound system nor special theatre lighting. :J<sif:4tq.:w:ip�'.Y:..y: r,,^_:•r %> ... .:!i!ii: 'lvfai*. RESOLUTION NO. A RESOLUTION ALTERING FEE SCHEDULE FOR CIVIC THEATRE RENTALS The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The follo�ji.ng schedule of fees is hereby established for payment to the City of Saratoga on application for each of the following uses of the Civic Theatre. This fee schedule shall become effective on August 1, 1982, and shall be applicable to all applications for reservation after its effective date. TYPE FEE Rehearsals $ 55.00 /day Performances $185.00 /day . f Partial Use of Stage $ 65.00 /day Move In /Move Out $ 20.00 /day The above and foregoing resolution was adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 1982, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk MAYOR EXHIBIT A Montgomery Theatre, San Jose - capacity 536 8:00 a.m. -5:00 p.m. Rehearsals $130 Performances 200 6:00 p.m. -12:00 a.m. , Rehearsals- $130 Performances 200 Reservations overlapping both time periods Rehearsals $230. 300.. City of Sunnyvale - capacity 200 Non - profit /co- sponsored groups pay $9 per hour when audience is in theatre Rehearsals $15.per hour Performance cost depends on admission price Admission Hourly Performance Cost 0- our 1 -2 25 /hour 2 -3 35 /hour 4 -5 45 /hour 5 -6 55 /hour 6 -7 65 /hour Paul Masson Does not rent theatre out. VITA pays all labor and security costs, approximately $500 per performance. 0 C MEW o:T O&ULCUOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 VININI I O KIMPIZA1010 I TO: City Council FROM: City Manager SUBJECT: Civic Theatre Rental Fees DATE: July 27, 1982 Following your direction from the July 21 meeting, on July 27 I met with representatives from the various drama groups who plan to use the Theatre during the coming year. The attached Summary of Cost Allocation For The Civic Theatre was distributed to describe how the recommended fees were derived. Relative to the method used, no questions or comments were raised. All of the groups, however, express that they are caught in a spiral of cost increases which prevents them from operating "in the black." The groups agreed that a direct subsidy from the City for their programs is'not desired. The real issue seems to be timing.. Some drama groups explained that commitments for scripts and commissions based admissions rates are made nine months in advance in some cases. However, non-e` expressed the concern that adjustment could not be made. The resolution to amend,.the rates according to full cost recovery is attached to the Agenda Bill No. 300. Your options are: 1. Adopt the resolution, adjusting rates to full cost recovery, effective August 1, 1982 (except for contracts already signed.) 2. Leave rates as they are, recovering 69% of full cost. 3. Direct staff on some alternative formula. Civic Theatre Rental Fees July 27, 19 82 Page two The difference between current rates and recommended rates would amount to $7,665 for the full year. Because the rates would not apply to those groups which have already signed an agreement, the amount of $5,000 has been included in projected revenues, based on the rates recommended. J. Waynd Dernetz ck attachment SUMMARY OF COST ALLOCATION FOR CIVIC THEATRE July, 1982 The following summarizes the methods used to allocate Civic Theatre costs for theatre rental rates. 1. Cost to be allocated: A. Projected Budget, Building Maintenance #750 1982 - 1983: $130,387 B. Total No. of square feet maintained: 32,086 C. Cost per square foot: $130,387 _ $4.06 TZ -I6$F D. No. of square feet in Theatre: 7,526 E. Cost of budget allocated to Theatre: $4.06 /s.f. x 7,526 s.f. _ $30,555.56 F. Other cost allocated not included in Program #750: Replacement & Repair Equipment $ 2,000 Paint and Other 1,000 Administration 1,000 G. Total Cost Allocated (E + F) : 2. Proration of Costs to Drama Groups: A. 1981 -1982 usage, by groups: Drama groups 214 days City meetings 66 days "No fee" groups 22 days Total days used 302 days B. Proration of use to drama groups: 214 = 71% C. Cost allocation to drama groups: Cost to be allocated Proportion charged Amount of Cost to be Recovered: $34,555 $34,555 x 71% $24,534 W 3. Calculation of Cost Recovery: TVDe of Use Rehearsals Performance Partial Use Set up /Take down Total Notes: Projected Amount Amount No. of Days x Of Fee = Of Cost Recovery 103 x $ 55 = $ 5,665 101 x 185 = 18,685 2 x 65 = 130 10 x 20 = 200 216 $24,680 The above cost'recovery assumes a full year of fees at the recommended level. City proposes not applying new fees on any reservations pre- viously secured by a signed agreement with deposit. The higher fees will not apply to such rentals. -2- CITY OF SARZUCa'1 Initial: AGh'.NDA BILL NO. 0% I Dept. Hd. DATE: July 21, 1982 C. Atty. DEPART: Cb- mmunity Development C. Mgr. SUBJECT: Development Fee Schedule Issue Summary City goal to recapture 80% of development processing costs. Staff has estimated potential development activity and submits for approval the attached fee schedule which is estimated to meet the above goal. The schedule has previously been reviewed with you at a budget session. Recomnendation Adopt. Resolutions No. 780- 780- and 780- Fiscal Impacts Estimated to meet goal of 80% recapture of development processing costs. Exhibits /Attachments Resolutions No. 780- 780- and 780- Council Action 7/21: moyles/Mallory moved to adopt 780 -19. Passed 5 -0. Clevenger/Moyles moved to adopt 780 -20. Passed 5 -0. IalloryAloyles moved to adopt 730 -21. Passed 5 -0. ITEM IV. C. 14 7j p RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING SUBPARAGRAPH (C) OF TABLE 1 OF THE SARATOGA SUBDIVISION ORDINANCE, RELATING TO SERVICE FEES FOR GEOLOGICAL ANALYSIS The City Council of the City of Saratoga does hereby resolve as follows: SECTION 1: This resolution. is adopted pursuant to Section 4 of Article One of Ordinance NS -60, the Subdivision Ordinance of the City of Saratoga, which permits the fees set forth in Table I attached to said ordinance to be modified and changed from time to time by resolution of this City Council. SECTION 2: Subsection (C) of Table I of the appendix of Ordinance NS -60 and Resolution 780 are hereby amended to provide as follows: ('C) SERVICE FEE - GEOLOGICAL ANALYSIS Where the subdivision comes within the provisions of,Section '13.9 (Hillside Subdivision) of this ordinance, or is located wholly or in part in an HC -RD zoning district or NHR zoning district, a fee shall be paid representative of the actual cost to the City of a Consulting Engineering Geologist Investigation and Report concerning the development, consist- ing of a partially refundable deposit as listed below, together with such additional funds, as required, to fully reimburse City for all.such expenses. Said payments and regulations relating thereto shall be as follows: (1) Subdivision in areas not geologically mapped by City: Adminstrative Type Application Deposit Fee Site Modification $ 200.00 $ 40.00 Single Lot Site Approval $ 500.00 100.00 Minor Subdivision (1 -4 lots) $ 750.00 150.00 Major Subdivision (less than 20 lots) $1000.00 200.00 Major Subdivision (more than 20 lots) $1500.00 300.00 (2) Subdivisions in areas geologically mapped by City: Adminstrative Type Application Deposit Fee Single Lot Site Approval $ 200.00* $ 30.00 Minor Subdivision (1 -4 lots) $ 350.00* 50.00 Major Subdivision (5 or more lots) $ 500.00* 75.00 *And in addition, $100.00 per lot to reimburse City for cost of preparation of its geologic map. In addition, any actual charges by City Geologist for review of the subdivision in excess of the above deposit amounts. (At cost) (3) Partial Refundabilit In the event the cost to the City shall be less than the initial deposit by more than $25, City shall in that event reimburse such excess to the subdivider. (4) Payment (a) Deposits as'above prescribed shall be paid at the time of application for tentative approval. (b) Additional charges shall be paid upon billing by City and not later than Final Map Approval. (c) any refund in excess of $25.00 shall be determined at time of final map approval. The above and foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the day of 198_, by the following vote: AYES. ' NOES: ABSENT: ATTEST: CITY CLERK MAYOR r' r I i x . X43 RESOLUTION NO. A RESOLUTION ALTERING & ESTABLISHING FEE SCHEDULE The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The following schedule of fees is hereby established for payment to the City of Saratoga on application for each of the following enumerated applications, and no delivery to nor acceptance by the City or any of its officers, agents or employees of any of the following enumerated applications shall be con- sidered as filing thereof, until said fee has been paid in full. This fee schedule shall become effective immediately and shall be applicable to all applications filed from and after its effective date. TYPE FEE CHANGE IN ZONING $1000 DESIGN REVIEW Residential Single family $400 (building greater than 22')* (hillside lots)* Condo /Multiple Family $500 /lot Non - Residential $700 /lot Modification of Approved Application $150 /lot Signs $100 # *PUBLIC HEARING CHARGE $50 + $150 deposit* (First hearing and additional charge for any requested con- tinuance for re- noticing) APPLICANT REQUEST FOR CONTINUANCE FEE $100 USE PERMIT Residential (single - family districts) $250 Tennis Court $200 Multi- Family $1000 Non - Residential $500 PD (General Plan Designation) $1000 Temporary ($200 cleanup deposit in $100 addition) VARIANCE Residential $250 Non - Residential $300 ENVIRONMENTAL IMPACT REPORT Environmental Impact Assessment $75 Environmental Impact Report Admin- $500 strative and Handling *If the actual cost of the consultant's noticing is less than $150 the difference will be refunded to the applicant. If the cost is greater an additional deposit will be required before the noticing is done. TYPE FEE SITE APPROVAL Single Family Residential $250 /lot plus Building Site Approval up noticing fee for to and including 4 lots 2 or more lots Building Site Approval $500 /lot for all other types LAFCO Fee Single Family Residential $1500 Subdivision Approval first 10 lots - each lot over 10 $50 /lot Multiple - Family Building Site Approval Lots of 1 acre or less $600 /lot Lots of 3 acres or less $1200 /lot Lots of more than 3 acres $2000 /lot Modification of Site Development Plan $100 Lot Line Adjustment $150 Preliminary Tentative Map $200 Reversion to Acreage $125 /lot (Public hearing cost additional) TIME EXTENSION TO APPROVED APPLICATIONS $100 FINAL MAP 1st lot $150 2nd and above $50 /lot GENERAL PLAN CHANGE $1000 ANNEXATION $100 Plus LAFCO Fee LAFCO Fee ENCROACHMENT PERMIT Fences, walls and hedges Non -fence MINISTERIAL PERMIT (i.e. horse) STORM DRAIN FEE "A" R -1- 10,000 R -1- 12,500 R -1- 15,000 R -1- 20,000 R -1- 40,000 Planned Development RM & PA District C & M Districts Churches, Schools, etc. Public Utilities and other quasi - commercial $200 Actual Cost ($50 Minimum) $50 $25 $1100 /lot $600 /lot $650 /lot $720 /lot $850 /lot $1100 /lot Same as fee for District with which PD is combined $2400 /gross acre $2800 /gross acre $1425 /gross acre $2400 /gross acre v ' TYPE FEE *IMPROVEMENT PLAN CHECKING & INSPECTION FEE For the first $10,000 15% For the next $30,000 12% For the next $60,000 8% For all improvements over $100,000 6% Deposit of 25% at time of submission. *Where slopes are greater than 10 %, increase fee by 1% above fee percentage shown. SECTION 2: The portion of Resolution 780- Altering and Estab- lishing Fees for Building, Plumbing, Heating, Com- fort Cooling, Electrical, Plan Checking and Grading Permits is hereby rescinded and pursuant to Section 3 -3 3 -19, 3 -41 and 6 -2.2 of the.Saratoga City Code, as amended by Ordinance 38 -83, " the following schedule of fees elaborated in Exhibit "A ", "B ", :--' - "C ", "D" and. "E" is hereby established for payment to the City - of Saratoga,on application for each of the enumerated applica- tions, and no delivery to nor acceptance by the City or any of its officers, agents, or employees of any of the following enum- .r erated. applications shall be considered as filing thereof, until said fee has been paid in full. This fee schedule shall become - effective immediately and shall be applicable to all applications filed from and after its effective date. �"r5r3c3r�I_ MOM SECTION 3: Except as above- modified, the schedule of fees heretofore adopted by Resolution 780, as amended, * +, v�K < r„r: x - •:?y,? t -.y�-+ ^+..° shall be and remain in full force and effect. , ice, - ---— -� The above and foregoing resolution was adopted at a Regular Meeting of the City Council of the City of Saratoga held on the day of 198_, by the following vote: AYES: NOES: ABSENT: ,...:.:.,... : MAYOR ATTEST: - j�:ti °." 'm•• ::,:; ;:? ?iii CITY CLERK EXHIBIT . "A" BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $2,000.00 $2,001.00 to 25,000 $25,001.00 to $50,000.00 $50,001.00 to $1- 00,000.00 100,000.00 and up FEE $30.00 r $32.50 for the first $2,000.00 plus $6.00 for each additional - $1000.00 or fraction thereof, to and including $25,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Check Fees shall be 65% of the Permit Fee � -5,. ^� yr �ti �_r°"�^�'iL"r- tt^c ^'°f- at^.�.'= �.-Ga • EXHIBIT "B" PLUMBING PERMIT FEES 1) New Single Family Dwelling 3.0,�/S.F. •�� 2) Commercial /Professional 3.0C /S.F. 3) Institutions, Multiple Residential 3.5fi /S.F. 4) Additions of more than 1000 S.F. 3.0C /S.F. 5) Additions of less than 1000 S.F. $30.00 6) Remodels, residential $35.00 7) Remodels, commercial $50.00 8) Swimming Pools (with pump & heater) $30.00 9) Misc. Structures $30.00 10) Misc. permits without associated $30.00 _.._. ..__..:..:.:......__....._:.... building permit � -5,. ^� yr �ti �_r°"�^�'iL"r- tt^c ^'°f- at^.�.'= �.-Ga • r EXHIBIT "C" HEATING & COMFORT COOLING PERMITS 1) New single family dwelling 1.54 /S.F. " 2) Commercial /Professional 1.74 /S.F. ••_....:.;.,. -. 3) Institutional, Multiple Residential 1.74 /S.F. 4) Additions of 13ss than 2500 S.F. $30.00 5) Additions of more than 2500 S.F. 1.24 /S.F. (Minimum $30.00) 6) Remodels, residential 1.54 /S.F.(Minimum $30.00) 7) Remodels, commerical 1.74 /S.F.(Minimum $30.00) 8) Mi�c. Structures $30.00 ` 9) Misc'. permits without associated $30.00 building permit Plan check fees shall be 25% of the permit fee t -v r EXHIBIT "D" ELECTRICAL PERMITS 1) Single family dwelling 3.01,/SF 2) Commercial /Professional 3.0� /SF 3) Institutional, Multiple Residential 3.5C /SF 4) Additions less than 1000 SF $30.00 5) Additions more than 1000 -SF 3.0C /SF 6) Remodels, residential $35.00 7) Remodels, commercial $50.00 8) Swimming Pools, etc. (with pump & $30.00 heater 9) Misc. Structures $30.00 10) Misc. permits without associated $30.00 building permit Plan check fees shall be 258 of the permit fee EXHIBIT "E" GRADING PERMITS PLAN CHECKING FEES 65% of Grading Permit Fee GRADING PERMIT FEES 50 Cubic Yards or Less $30.00 50 to 100 Cubic Yards $45.00 101 to 1000 Cubic Yards $45.00 for the first 100 Cubic Yards plus $15.00 for each additional 100 Cubic Yards or fraction thereof. 1001 to 10,000 Cubic Yards $180.00 plus $12.00 for each additional 1000 Cubic Yards or fraction thereof. 10,001 to 100,000 Cubic Yards $288.00 plus $50.00 for each additional 10,000 Cubic Yards of fraction thereof. 100,001 Cubic Yards or more $738.00 plus $30.00 for each additional 10,000 Cubic Yards of fraction thereof. '�Jd±?�aa�!tbivy 41cl+�til,'�sfiii:�(;e2'??.:4a5 <^u5r RESOLUTION NO. A RESOLUTION ALTERING & ESTABLISHING FEE SCHEDULE The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The following schedule of fees is hereby estab- lished for payment to the City of Saratoga on application for each of the following enumerated applications, and no delivery to nor acceptance by the City of any of its officers, agents or employees of any of the following enum- erated applications shall be considered as filing thereof, until said fee has been paid in full. This fee schedule shall become effective immediately and shall be applicable to all applications filed from and after its effective date. TYPE CONSTRUCTION TAX 50fi per square foot of any building or structure 40C per square foot of any mobile home lot. SECTION 2: Section 14- 55(a)(1) and Section 14- 55(a)(2) of the Code of the City are hereby repealed. t SECTION 3: Section 14- 55(a)(4) shall be modified to read as follows: Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood or other cause over which the owner had no control; provided, that compliance with any building -code or other ordinance requirement of the City of of any other applicable law shall not be deemed a cause over which the owner has no control, and only if the number of square feet in the building is not increased. If the number of square feet in the building is increased, the tax imposed under this article shall apply to such increased floor area. SECTION 4: Except as above modified, the schedule of fees heretofore adopted by Resolution 780, as amended, shall be and remain in full force and effect. the above and foregoing resolution was adopted at a Regular Meeting of the City Council of the City of Saratoga held on the day of AYES: NOES: ABSENT: ATTEST: CITY CLERK 198_, by the following vote: MAYOR CI'T`Y OF SAWI AGE.NIII BILL l�J DATE: July 21, 1982 DEPARTM=: Com=ity Development Initial: Dept. Hd. C. Atty C. Mgr. SUBJECT: TRACT NO. 6628, MCBAIN AND GIBBS, AMEND= TO THE CC & R'S Issue Surmary McBain & Gibbs have revised the CC & R's-for their Tract 6628 as requested by the City. These amended CC & R's need to be approved by the City Council per the tentative map conditioning and the original CC & R's. They have been reviewed and recommended for your approval by the City Attorney's office. Recomnendation Adopt the resolution amending the CC & R's Fiscal Impacts None anticipated E-hibits /Attachmnis 1. Letter from Deputy City Attorney requesting approval 2. Resolution to Amend CC$R's for Tract 6628 Council Action 7/21: Callon/Mallory moved adoption of Resolution 2000 consenting to amendment. Passed 5 -0. ITEM VII. B. t ATKINSON • FARASYN PAUL B. SMITH ATTORNEYS AT LAW ERIC L. FARASYN 660 WEST DANA STREET DUNHAM B.SHERER P. O. BOX 279 LEONARD 1. SIEGAL HAROLD S.TOPPEL MOUNTAIN VIEW, CALIFORNIA 94042 STEVEN G. BAIRD (415) 967 -6941 July 6, 1982 Ms. Kathy Curtis City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: McBain & Gibbs Subdivision Tract No. 6628 Dear Kathy: 1. M. ATKINSON, (ftmmD) L. M. FARASYN, (1915 -1979) iv- JUL 0 7 1982 COMMUNiTY DEVELOPMENT Enclosed herewith is a copy of the amended declara- tion of covenants, conditions and restrictions and reservation of easements for the McBain & Gibbs Subdivision which have been reviewed by our office. Certain changes requested by us have now been made and incorporated into the enclosed draft. The amended covenants, conditions and restrictions are intended to supercede the earlier declaration as recorded on February 22, 1980. Since the previous declaration requires the consent by the City of Saratoga to any amendment or modifi- cation, the revised declaration must be submitted to the City Council for approval. Please note that the applicant has pro- vided on page 2 for insertion of a resolution number and date of adoption by the City Council. I am also enclosing herewith a form of resolution. It is requested that this matter be placed on the Consent calendar for the regular meeting of the City Council to be conducted on July 21, 1982. If you have any questions concerning his matter, please give me a call. �� HST:ns encs. cc: Mr. David Baratti Sin,c4�r S. TOPPEL RESOLUTION NO. RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SARATOGA CONSENTING TO AMENDMENT - •:.:,,::. OF THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 6628 WHEREAS, the City Council of the City of Saratoga has previously approved the Declaration of Covenants, Conditions and Restrictions for Tract No. 6628 submitted by McBain & Gibbs, Inc., as declarant, and recorded on February 22, 1980, in Book F -151, Pages 287 et seq., Official Records of Santa Clara County, California; and WHEREAS, the Declaration of Covenants, Conditions and RS.r �r';r ;• �? *,,�Fc�w,S Restrictions, as recorded, provides that no amendment shall be made thereto without the prior consent of the City of Saratoga; and WHEREAS, McBain & Gibbs, Inc., desires to record a new declaration of covenants, conditions and restrictions and reserva- tion of easements for Tract No. 6628, which declaration shall supersede and cancel the prior declaration recorded on February 22, 1980; and WHEREAS, the City Council of the City of Saratoga finds the proposed declaration to be consistent with the restrictions imposed by the City for development of Tract No. 6628 and the agree- ments entered into between the declarant and the City of Saratoga, • =t; = =- aw;:,:;c -:;, :r= ,ti,';;,R_;,,; ;.;rY including that certain settlement agreement dated June 2, 1981, the declaration o•f_.covenants, conditions and restrictions recorded thereto on June 10, 1981 -,(the terms of which have been `pursuant incorporated =into ,and will-not-be superseded by the proposed amended declaration), and that certain private road maintenance and storm drain maintenance agreement dated June 9, 1981, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby consent to amendment of the covenants, conditions and restrictions for Tract No. 6628 and the r. , -)--> c -r b^ yx:h� Gs$"'Y�?'`•, -ti +t r i �:r t.. _.iY =i; recording of the amended declaration in the form of Exhibit "A" attached hereto and made a part hereof. * * * * * * * * * * * * The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Saratoga held on the day of July, 1982, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk 2. E MAYOR, CITY OF SARATOGA CITY OF SARATOGA Initial: AGENDA BILL NO. / Dept. Hd. DATE: July 9, 1982 C. Att DEPARTMENT: 'Planning & Policy Analysis C. Mgr. -------------------------------------------------------------------------------- - - - - -- SUBJECT`: Update of City's CEQA Resolution (Resolution No. 653 -5) Issue Sumo ury 1. State law requires the City's environmental review process to be consistent with CEQA and its guidelines. 2. The proposed resolution updates the previous resolution which has not been updated since 1978. 3. City is already complying with State requirements which took effect in February so approval of the resolution is primarily just a formal pro - cedure. 4. Explanations of underlined changes are in left hand margin of revised resolution. Recommendation s �i 3, > 1. Adopt Resolution No. 635 -5 aG drafted by staff. Fiscal Impacts None anticipated Fsrhi }-�i i-c �A+ �anhrrnn�c Exhibit A - Staff Report dated 7/9/82. Exhibit B - Explanation of changes in Resolution No. 635 -5. Exhibit C - Resolution i:o. 635 -5 Exhibit D - Staff Report dated 10/3/80. Council Action 7/21: FanelliAlallory moved to adopt resolution 653 -5. Passed 5 -0. ITEM IV. A. o) REPORT TO MAYOR AND CITY COUNCIL DATE: 7/ 9/82 COUNCIL MEETING: 7/21/82 SUBJECT Update of City's CEQA Resolution ---------------------------------------------------------------------------- Attached is a copy of an annotated revision to the Resolution Setting Forth Environmental Impact Report Criteria and Procedures for Private Land Projects in the City of Saratoga. Each year some portion of the California Environmental Quality Act (CEQA) is amended by the legislature or new court interpretations of this law occur. When this happens the State's CEQA Guidelines must be amended to reflect these changes. State law requires a City's environmental review process to be consistent with CEQA and its guidelines (Section 15050(a) California Administrative Code). This latest proposed revision to the Resolution Series 653 is to update the series which has not been done since June 1978 and make corrections due to the City's reorganization of Departments or to clarify language. Those portions of the previous Resolution (Resolution No. 653 -4) that have been changed or updated have been underlined with an explanation in the left hand margin for each change. Also included is a memo by Vicci Rudin dated 10/3/80 to refresh your memory about the major purposes and procedures involved with CEQA. Also pertinent sections of the CEQA Guidelines are included. Staff will answer your questions on the CEQA process at a study session prior to the regular meeting where the Resolution will be considered. Michael Flor s Assistant Planner DIF /mg r Attachments NOTE: Additions or corrections to the previous text are underlined. Explanation of corrections or additions is found in the left hand margin. RESOLUTION NO. 653 -5 _i RESOLUTION SETTING FORTH ENVIRONMENTAL IMPACT REPORT CRITERIA AND PROCEDURES FOR PRIVATE LAND PROJECTS IN THE CITY OF SARATOGA - SUPERSEDING PREVIOUS RESOLUTION NOS. 653, 653 -2, 653 -3 AND 653 -4 The City Council of the City of Saratoga does hereby resolve as follows: Section 1: This resolution is adopted to implement the Environmental Quality Act of 1970 insofar as it is applicable to private land projects within the City of Saratoga, and specifically the criteria and procedures hereinafter set forth are adopted pursuant to Public Resources Code Section 21083 of the State of California and Section 15014 of the California Administrative This includes all Code. Except as may hereinafter be modified, interpreted or pertinent sections of particularized by the within resolution, the provisions of Chapter 3, Title 14, Division 6 of the California Administrative Code (Section California Admin. Code 15000 -15203 will be applicable. The term "significant effect on the environment" shall be as presently defined in California Administrative Code Section 15040, or as the same may hereafter from time to time be amended, and wherever in this resolution or any amendments thereto the term "substantial adverse impact" is used, the same shall mean significant effect on the environment. In the event that any of the provisions of this Resolution Series 653 should now or hereafter at any time be or become in conflict with any of the provisions of the Public Resources Code of the State of California or of the California Administrative Code, the provisions of the latter Codes shall take procedence over any contradictory or conflicting provisions contained in this Series of resolutions. Section 2: Pursuant to the foregoing, the following processes, procedures and criteria are hereby adopted: (1) Authority to Planning Director or Community Development Director The Director of Planning or the Director of Community Development of the City of Saratoga, Correction so that both each hereafter to be designated the Director of Planning and Environ- Dept. Heads with mental Control or Director of Community Development and Environmental environmental review Control respectively, and each hereafterin this Resolution called "The Director ", are hereby authorized and directed to make a responsibilities are determination as to whether or not a proposed project within the given necessary purview of their department will or will not require an environmental authority. impact report (hereafter called EIR). The Director shall cause the preparation of each proposed negative declaration, and shall cause the preparation of each proposed draft EIR, and shall assemble and present each proposed final EIR to the decision making body. The within delegation of authority includes the authority to ultimately determine whether or not a proposed project comes within a ministerial exclusion or a categorical exemption, but does not include the authority to approve a negative declaration or to certify a final EIR, which authority is vested in the decision - making body in each To streamline process. case. The Director may delegate his authority to another member o' Director may review. his department. (2) Ministerial Exclusions The provisions of the Environmental Quality Act of 1970 apply only to discretionary projects. Discretionary projects include the rezoning of land from one district to another, the imposition of new or different regulations in a zoning district, Within thirty (30) days after receipt of an application requesting approval of the project, the Director shall determine in-writing (Form EIA -2) whether such application is complete or incomplete and shall transmit such determination to the applicant. No application for a project shall be deemed or shall be accepted as complete unless and until all data and information both in form and substance which will enable the Director to prepare an initial study is provided to his satisfaction. In the event that the application is determined not to be complete, the written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. (5) Project Evaluation and Determination (A) On all discretionary land projects not categorically 'exempt, the Director shall determine whether the project may have a substantial adverse impact on the environment adopting general and precise plans and amendments thereto, the granting of zoning variance, a conditional use permit, design review, approval of tentative subdivision or site approval maps, and may include grading permits where discretionary engineering criteria is additionally necessary. Although discretionary, a project may still be categorically exempt. See Section 2(3) following. Ministerial land projects, which are not subject to the Environmental Quality Act, include approval of final subdivision, parcel, and record of survey maps, final site approval, issuance of building permits, issuance of grading permits where Allowed b17 Section discretionary engineering criteria is not required, issuance of 15� % 3 (b) Of the business licenses, and individual utility connections and disconnections. California Administrative Code. Application for approval of a land project which is specifically listed as ministerial need not be accompanied by a questionnaire (Form EIA- la)and the Director need not make any separate determination as to the ministerial nature of the project. As to any project not specifically listed above as being a minis- terial project, the Director shall make a determination as to the discretionary or ministerial nature of the same, and shall fill out an EIA -3 form accordingly.. (3) Categorical Exemptions Correction tO include Section 15101 through 15129 of the California all categorical Administrative Code list twenty -nine classes or projects which, although discretionary in nature, have been determined by the exemptions allowed by State Office of Planning ands Research not to have a significant CEQA Guidelines effect on the environment, and are therefore exempt from the require- ment of preparation of an EIR. The specific activities listed under the above referenced classes are hereby incorporated into the City's list of exempt activities. The City Council shall, from time to time, and pursuant to Administrative Code Section 15100.4 amend this list by resolution or order specific activities that fall within each of such classes. TO streamline process. The Director or a designated member of his staff Director shall determine whether each project applied for falls within a cate- may review. gorically exempt class, whether the same is specifically listed in accord with the above or not. (4) Project Application Each application for approval of a discretionary Reflects new fee land project shall be accompanied by a completed questionnaire from EIA -la (Environmental Information Form, Appendix H, January 1, 1977 approved by Council. Amendments to California Administrative Code, and as from time to time hereafter amended), together with a filing fee in the sum of $75.00. Pursuant to Section 15054.2 of the California Administrative Code, the Director shall specify criteria by which to determine the completeness of applications. Within thirty (30) days after receipt of an application requesting approval of the project, the Director shall determine in-writing (Form EIA -2) whether such application is complete or incomplete and shall transmit such determination to the applicant. No application for a project shall be deemed or shall be accepted as complete unless and until all data and information both in form and substance which will enable the Director to prepare an initial study is provided to his satisfaction. In the event that the application is determined not to be complete, the written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. (5) Project Evaluation and Determination (A) On all discretionary land projects not categorically 'exempt, the Director shall determine whether the project may have a substantial adverse impact on the environment r J 4 through preparation of an initial study (Form EIA -lb). In making such determination, he shall follow the general guidelines set forth in Sections 15080 through 15083 of the California Administra- tive Code, together with the following specific criteria: Addition of General Plan's role in determining environmental impact. (a) Saratoga is a residential community and the present zoning of its undeveloped residential lands has been established after much study, public hearings and the input and analysis by professional planners and consultants. Residential General Plan Designations and .implementing zoning have been adopted only after t:ie Coincil found that residential development of said . lands is in accord with the General Plan and the Zoning Ordinance and will not have an adverse effect or impact on the environment. Accordingly, the approval of a tentative subdivision map or tentative site approval for development of residential uses in accord with existing residential zoning will not be expected to have any substantial adverse impact on the environment, and will normally be expected to result in a negative declara- tion. In this regard, existing residential zoning shall be deemed to be a pre- esistinc approval of the major phase of an ongoing project within the meaning of Administrative Code Section 15070 as to all permitted, as distinguished from conditional uses. (b) Commercial and industrial zoning districts, unlike residential districts, generally permit a range of different uses and structures. Accordingly, the fact of pre- existing zoning in a "C" or "I" district does not create any inference that a particular proposed use will or will not have a substantial adverse impact, nor does pre- existing residential zoning create any inference that a proposed conditional use (requiring a use permit) will or ;gill not have such substantial adverse impact. (,c) Rezoning from one "C" district classification to another "C" district classification, taken alone, will normally not have any substantial adverse impact, because of the similarity of available uses throughout all "C" districts. A negative declaration on such rezoning shall not, however, preclude the Director from requir- ing an EIR at a later tentative map or site approval for development of a particular use within such district. (d) Rezoning from one "R" district to another "R" district of lesser density, or rezoning from a "C ", "M" or "PA" district to an "R" district, will normally be expected to have no adverse impact and be entitled to a negative declaration. (e) Rezoning from an "R" district to a "C ", "M" or "PA" district, or rezoning within an "R" district to an "R" classifi- cation having a higher density, are types of projects which ordinarily would be expected to have a significant effect on the environ- ment, but still may or may not be entitled to a negative declaration under and pursuant to Administrative Code Section 15083. Allowed under California Administrative Code Section 15067.5 to streamline process. Allowed under California Administrative Code Section 15079.7 (new) to streamline process. (f) Where a rezoning has been required to be accompanied by an EIR, and has been certified, no new EIR shall be required for any subsequent tentative subdivision map or tentative site approval for the develop- ment of any permitted use or uses within the zone, unless the use intended is not one considered as a possible proposed use at the time of the prior EIR and rezoning, or unless conditions defined in Administra- tive Code Section 15067 are found to exist, requiring the preparation of a subsequent EIR. In lieu of a subsequent EIR, a supple- ment to an existing EIR will be allowed if the conditions defined in Administrative Code Section 15067.5 exist. (g) Administrative Code Section 15105(a) categorically exempts certain zoning variances. Because of the restrictive nature of the zoning variances allowable in this City pursuant to Section 17.2 of Ordinance NS -3, any such allowable variances not falling within the exemption will still normally be expected to have no substantial adverse impact, and will be expected to result in a negative declaration. �'(h) Design review approval (Sections 13.1 -13.6 of Ordinance NS -3, Ordinance NS -3.47) and sign permits (Sections 10.1 -10, Ordinance NS -3) to the extent that the same may be both discretionary and not otherwise exempt, and therefore within the purview of the Environmental Quality Act, are so limited in scope, and the regulations concern- ing them are by their very nature designed specifically to foster and protect the environ- ment, so that any impact at all from such approval will normally be to enhance the environment, and such will thus be expected to result in a negative declaration. (i) Encroachment permits provided for under Article V, Chapter 13 of the Saratoga City Code are hereby deemed to be minor within the terms and meaning of the Adminis- trative Code Section 15105(b) and therefore categorically exempt. Encroachment permits for pipes, drains and conduits under Article IV, Chapter 13 of the Saratoga City Code, may or may not be minor, and may or may not have substantial adverse impact, dependent upon the circumstances of each case. (j) Residential projects conforming to a Specific Plan for which an EIR has been prepared shall normally be exempted from preparation of another EIR or negative declaration (per Administrative Code Section 15079.7). However, should an event arise as described in Administrative Code Section 15067 (e.g., significant changes are proposed in the project creating new impacts not considered, substantial changes in project circumstances occur, or new information or substantial information becomes available) this exemption shall not apply until a suppiementai EIR is prepare or the--Specific Plan. i' ti. Canceller :tdon of Williamson Act Contract has no sigrii'ficant environmental impact in and of itself if it is consistent with the General Plan. Therefore a negative declaration would be appropriate. EIR's may be required for specific projects subsequent to the cancellation. Allowed by Section 150 80 (d) , (2 ) California Administrative Code to streamline process. One of the purposes of an initial study is to focus an EIR on significant environmental effects (15080(b) California Administrative Code) to streamline process. Allowed by Section 15054.1 California Administrative Code to insure adequate review time. (k) The cancellation of Willia -mson Act contracts shall normally require the preparation of a negative declaration rather than an EIR if the parcel affected is designated for residential development in the General Plan. This exemption is appropriate because considerable study, analysis, and public input were utilized in the formulation and adoption of the General Plan and its EIR. Through this process mitigation measures are added to the plan or it is otherwise modified to reduce potential adverse impacts to insignificant levels. Therefore, actions such as cancellation of Williamson Act contracts, if such cancellation is proposed for a project consistent with the General Plan, will normally be expected not to create adverse effects or impacts on the environment. Use of a negative declaration for a Williamson Act contract cancellation does not preclude the City from requiring a further negative declaration or an EIR for a specific development proposal on a cancelled contract parcel. (1) A mitigated negative declaration shall be prepared instead of an.EIR .:here the significant effects of a project ide:-T_ified in an initial study are clearly mitigated to a point where no significant enviro=ent l effects would occur. The use of a mitigates negative declaration shall be subject to the limitations and required finding of Administrative Code Section 15080(d)(2). (m) A focused EIR is an EIR that describes the specific impacts of a particular project identified in an initial study and depends upon a master EIR or an EIR for a similar project for its more generalized background information. The purpose of a focused EEIR is to reduce the time and cost of environmental reviews while assessing those aspects of the project which would create significant impacts. The.City encourages the use of focused EIR's whenever possible. Such EIR's should reference the General Plan EIR and others for general background information and identify those significant impacts that are particular to the proposed project. (B) A project shall not be deemed as received or accepted for filing under City ordinances until such time as the environmental documentation required by this Resolution and CEQA has been completed in conformance with the conditions listed under Administrative Code Section 15054.1. This will allow the City adequate time to comply with CEQA for those projects requiring,by ordinance, short time periods for action (e.q. =0 say limit f--. action on a tentative subdivision). (D) Notwithstanding the fact that the Director might determine a project to be exempted or excludes, or otherwise that an EIR is not considered necessary, the applicant (C) Within forty -five (45) days after the Previous resolution acceptance of the application for project approval, the Director allowed Oril 30 days. Y Y shall make his determination and shall indicate the same by , executing Form EIA -3 and permanently filing a signed copy in the Section 15054.2(c) City file. Should the application for project approval require an California Administrative EIR, the Director shall notify the applicant within the same forty - Code allows 45 days. five (45) days. (D) Notwithstanding the fact that the Director might determine a project to be exempted or excludes, or otherwise that an EIR is not considered necessary, the applicant nonetheless shall have the right and option to require the adoption and approval of an EIR by the decision - making body of the City, prior to the City acting upon the application in chief, and shall exercise his option by written request filed with the Director no later than five (5) days after the Director's determination. In the event of such request by the applicant, it shall constitute an admission that the proposed project may have a significant effect on the environment. (A) Negative Declaration (Filed with County Clerk) In the event that it is determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared in accord with the provisions of - Section 15083 of the California Administrative Code, which declaration shall include, inter alia, a brief description of the project, its location and the name of the project .. proponent, a finding that the project will not have a significant effect on the environment having attached thereto a copy of the initial study documenting the reasons to support such finding, and mitigation measures, if any, included in the project to avoid potentially significant effects. Such negative declaration shall be substantially in accord with the Form EIA -4 attached hereto. The Director shall prepare a draft of the proposed negative declaration, and the same shall be adopted by the decision - making body at or prior to time of acting on the project. Notice of the preparation of the draft negative declaration shall be provided to the public at least ten (10) days prior to final adoption of such declaration by the decision making body, and said notice shall be as follows: If an action on the proposed project already requires one or more of the types of notices as set forth in California Administrative Code Section 15083(d), then the notice on the hearing on the project shall also include a notice that the negative declaration shall also be heard at that time; in the event there are no notice procedures for a hearing on the project in chief, than notice may be given in any one of the methods as provided by the above- captioned Code section, at least ten (10) days prior to the (E) Where a project is revised in response to an initial study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a negative declaration shall be prepared instead of an EIR. In this event, the negative declaration shall be completed and adopted within not more than 105 days from the date of acceptance of the application as complete. (6) Consultation (A) As soon as the Director has determined that a project is not exempt and that an initial study will be required to determine whether a negative declaration or an EIR is Requirement to consult required, the Director shall consult with all responsible agencies trustee agencies in and trustee agencies in compliance with Administrative Code Section - - 15066(b), responsible agencies being all public agencies other than 1981 version of Section the City which have discretionary approval power over the project and 15066(b) California trustee agencies being all state agencies having jurisdiction by Administrative Code, law over natural resources affected by a project which are held in trust for the people of the State of California. (B)i'- Before completing a negative declara- Lion (Form EIA -4), the Director shall consult with all responsible agencies pursuant to Administrative Code Section 15066. This consultation may take place during the public review period. (C) Immediately after determining that an Allowed by Section EIR is required for a project, the Director shall send to each responsible agency by certified mail (.or any other method of trans - 15066 (c) (4) California mittal which provides a record that the notice was received) a Notice Administrative Code. of Preparation (Form EIA -5) stating that an EIR will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project. The Notice of Preparation shall provide sufficient information on the project to enable the respon- sible agencies to identify their concerns. (7) Legal Notices Required (A) Negative Declaration (Filed with County Clerk) In the event that it is determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared in accord with the provisions of - Section 15083 of the California Administrative Code, which declaration shall include, inter alia, a brief description of the project, its location and the name of the project .. proponent, a finding that the project will not have a significant effect on the environment having attached thereto a copy of the initial study documenting the reasons to support such finding, and mitigation measures, if any, included in the project to avoid potentially significant effects. Such negative declaration shall be substantially in accord with the Form EIA -4 attached hereto. The Director shall prepare a draft of the proposed negative declaration, and the same shall be adopted by the decision - making body at or prior to time of acting on the project. Notice of the preparation of the draft negative declaration shall be provided to the public at least ten (10) days prior to final adoption of such declaration by the decision making body, and said notice shall be as follows: If an action on the proposed project already requires one or more of the types of notices as set forth in California Administrative Code Section 15083(d), then the notice on the hearing on the project shall also include a notice that the negative declaration shall also be heard at that time; in the event there are no notice procedures for a hearing on the project in chief, than notice may be given in any one of the methods as provided by the above- captioned Code section, at least ten (10) days prior to the (c) The draft EIR shall not be accepted by the City for general circulation and review until the Director undertakes a preliminary review of the draft's acceptability relative to the given project and its consistency with State guidelines relative to California Administrative Code Section 15150. This review period shall be no greater than ten (10) days. date'of the action on the negative declaration and the project. Once the negative declaration has been adopted by the decision - making body, in the event that it then or thereafter makes a decision to, carry out or approve the project, a copy of the negative declara- tion shall be attached to the notice of determination and filed with the Santa Clara County Clerk. (B) Notice of Completion (Filed with State). Where an EIR is required, at such time as the draft of such EIR is completed, the Director shall cause a Notice of Completion (Form EIA -6) thereof to be filed with the-Secretary of the Resources Required by Section Agency of the State of California, such filing to be at least ten (10) 15085 (c) California days prior to.action on the final EIR and action on the application in question. This notice shall contain the information required by Administrative Code Administrative Code Section 15085(c). (C) Notice of Determination (Filed with County Clerk). Wherever a discretionary project is neither excluded nor exempt, and the Director has either issued a negative declaration or has required an EIR, then upon final action of the particular project by the decision - making body approving or conditionally Clean u of language approving the project, the Director shall within five (5) days after such final action cause a notice of such determination to be filed with the County Clerk of Santa Clara County, which notice (Form EIA -7) shall include (a) the decision of the decision - making body agency to approve or disapprove the project-, and (b) the determination and (c) whether a final EIR has been prepared pursuant to the provisions Required by Section ,of the Environmental Quality Act, including therein such findings as may be required by law and (d) the information required by 15083(f) and 15085(h) Administrative Code Sections 15083(f) or 15085(h). of the California Administrative Code (8) . Preparation and Adoption of EIR (A) If the Director has found upon initial study that an EIR is required for the project, he shall cause the same to be prepared in accord with the Administrative Code Section 15085 and in accord with the following: (a) The applicant will be required to submit a draft EIR containing all the information specified in Administrative Code Sections 15140 - 15145; (b) The City shall utilize an ..independent party (consultant) to prepare ' the draft on the project; and the.cost of the service of the independent party (consultant) shall be borne by the appli- cant. The independent party (consultant) shall be chosen by the City from a select list of professional consultants, which select list shall be prepared by the Director and forwarded annually to the City Council for certification. Neither the consultant as selected nor any of his or its officers, agents, employees or sub- contracting consultants shall have been engaged or employed by the applicant or any of the applicant's owned or controlled affiliates within the 12 -month period immediately preceeding the submission by applicant of the draft EIR to the City. (c) The draft EIR shall not be accepted by the City for general circulation and review until the Director undertakes a preliminary review of the draft's acceptability relative to the given project and its consistency with State guidelines relative to California Administrative Code Section 15150. This review period shall be no greater than ten (10) days. i 4 t` Reflects new fee approved by Council. Previous fee $200. Section 15161.5(d) requires 45 days for review by State agencies (d) Upon acceptance of such draft the Director shall, after filing the notice of completion with the Secretary of the Resources Agency, send copies of said draft out for review to those public agencies having jurisdiction with respect to the project, for their analysis, comment and reports. Where project is deemed to be of statewide, regional or areawide significance, distribution of said draft shall be in accord with Administrative Code Section 15161.5 and 15161.6. Said distribution shall also be to the same agencies as required to review and report on the tentative subdivision maps pursuant to Section 12.5 -1 of Ordinance Series No. 60 of this City, but not limited to those agencies. In addition, the Director may, but needs not, submit the draft EIR to one or more independent consultants for analysis as to accuracy and objectivity. In the event of such independent referral, the applicant shall be required to pay the reasonable costs and expenses of the same, but not to exceed the sum of $500.00. Public notice of the completion of thee drat EIR shall be given as provided by California Administrative Code Section 15085 (d)(2) at least thirty (30) days prior to presentation of any proposed final EIR to the decision- making body for action thereon. (e) Upon the expiration of fortv -five (45) days after the date of dissemination and referral of copies of said draft EIR to such public agencies, the Director shall assimilate the comments and reports as have been received by him from such agencies as of that time, together with any and all other comments from members of the public, and shall present the same together with the draft EIR to the decision - making body for action thereon, which presentation may be made in the same manner as received by the Director, or may be in the form of a proposed final EIR. In the event the application is for a project approval which requires either a public hearing or a hearing open to the public, the Director shall set the hearing on the proposed final EIR at the same time and place as such hearing; other- wise, the hearing on the proposed final EIR shall be set on such date as the application has its initial or subsequent hearing by the decision - making body or agency. (B) Where an EIR is required, the decision - making body shall certify the final EIR prior to any final approval of the application for the project in question, and in acting on such application, shall review and consider said EIR. (9) Timely Compliance (A) When the City acting as a Lead Agency, pursuant to California Administrative Code Section 15065, for a project it will grant a lease, license, permit, certificate, or other entitlement for use, the decision making body shall complete and certify an EIR in not more than one year or complete and adopt a negative declaration in not more than 105 days. Reflects new fee approved by Council. Previous fee $200. Section 15161.5(d) requires 45 days for review by State agencies (d) Upon acceptance of such draft the Director shall, after filing the notice of completion with the Secretary of the Resources Agency, send copies of said draft out for review to those public agencies having jurisdiction with respect to the project, for their analysis, comment and reports. Where project is deemed to be of statewide, regional or areawide significance, distribution of said draft shall be in accord with Administrative Code Section 15161.5 and 15161.6. Said distribution shall also be to the same agencies as required to review and report on the tentative subdivision maps pursuant to Section 12.5 -1 of Ordinance Series No. 60 of this City, but not limited to those agencies. In addition, the Director may, but needs not, submit the draft EIR to one or more independent consultants for analysis as to accuracy and objectivity. In the event of such independent referral, the applicant shall be required to pay the reasonable costs and expenses of the same, but not to exceed the sum of $500.00. Public notice of the completion of thee drat EIR shall be given as provided by California Administrative Code Section 15085 (d)(2) at least thirty (30) days prior to presentation of any proposed final EIR to the decision- making body for action thereon. (e) Upon the expiration of fortv -five (45) days after the date of dissemination and referral of copies of said draft EIR to such public agencies, the Director shall assimilate the comments and reports as have been received by him from such agencies as of that time, together with any and all other comments from members of the public, and shall present the same together with the draft EIR to the decision - making body for action thereon, which presentation may be made in the same manner as received by the Director, or may be in the form of a proposed final EIR. In the event the application is for a project approval which requires either a public hearing or a hearing open to the public, the Director shall set the hearing on the proposed final EIR at the same time and place as such hearing; other- wise, the hearing on the proposed final EIR shall be set on such date as the application has its initial or subsequent hearing by the decision - making body or agency. (B) Where an EIR is required, the decision - making body shall certify the final EIR prior to any final approval of the application for the project in question, and in acting on such application, shall review and consider said EIR. (9) Timely Compliance (A) When the City acting as a Lead Agency, pursuant to California Administrative Code Section 15065, for a project it will grant a lease, license, permit, certificate, or other entitlement for use, the decision making body shall complete and certify an EIR in not more than one year or complete and adopt a negative declaration in not more than 105 days. Required by 15165.5(b) California Code (a) The time limits shall be measured from the date on which an application requesting approval for the project is received and accepted as complete by the Director. (b) The time periods specified in this section may be extended for a reasonable period of time in the event compelling circumstances justify. additional time and the project applicant consents to such extension. (10) Appeal and Review (A) Negative Declaration Review At the time of hearing on a proposed negative declaration, the decision making body, either on the motion of the applicant or upon its motion, shall have the right to refuse to approve the negative declaration for the proposed project, and shall require an environmental impact report if it should find that the project may have a significant effect on the environment. In such event it shall direct the preparation of a draft EIR and the following of such other procedures as are herein - above set forth for the preparation and adoption of an EIR. NOES: ABSENT: ATTEST: (B) Appeal Procedures In mast instances of private projects (e.g., rezoning, subdivision and site approval, conditional use permits, -zoning, variances, etc.) the decision making body will be the advisory agency of the City of Saratoga, and there is already available an appeal procedur from the decision of the advisory agency. Whenever a negative declaration has been adopted, or an EIR has been adopted, by the decision - making body, and there is a regular appeal procedure on such decision to either the Planning Commission, or the City Council, such right of appeal shall include a review of the action of the decision - making body approving the negative declaration or certifying the EIR, or from. any failure to approve or certify after the same has been required, such appeal to be at the same time as, and in accord with the same procedure as set forth for the appeal to, or review by, the decision making body's Section action on the project in question. If appropriate, findings under of the Administrative Code Section 15080 and 15089 shall be made by the Administrative decision making body hearing the appeal. In the event there is no appeal procedure from the particular action of the decision - making body on the pro- ject in question and the decision making body is not the City Council, then in that event there shall be an appeal to the City Council from the action of the advisory agency in approving or disapproving a negative declaration, or certifying or failing to certify an EIR, in the same manner and following the same procedures as on appeal from a Planning Commission decision on the granting or denial of a conditional use permit. Whenever a right of appeal is given as hereinabove set forth, it shall be an administrative prerequisite that such appeal rights be exhausted prior to the institution of any action or proceeding referred to Public Resource Code Sections 21167 or 21168. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1982 by the following vote: AYES: NOES: ABSENT: ATTEST: uka k­1 REPORT TO MAYOR AND CITY COUNCIL DATE:10 /3/80 COUNCIL MEETING:10 /7/80 SUBJECT' City of Saratoga Procedures for Implementing the California Environmental Quality Act (CEQA) SUMMARY The purpose of this report is to review the requirements of CEQA and the procedures by which the City implements these requirements. The public frequently has questions concerning the environmental process and it is important that all decision - makers as well as staff, under- stand the purpose and complexities of the law. Staff is also consi- dering making some modifications to our procedures and would like to discuss these with you. BACKGROUND The City has been diligent in its efforts to observe the requirements of CEQA since its enactment in 1970, and particulary since its appli- cation to private, as well as public, projects in 1972. Within the past few months, the State Resources Agency amended the state guidelines for environmental impact reports (EIRs). The Planning Department, in conjunction with the City Attorney, is in the process of updating our City resolution which sets forth our local procedures for implementing the state guidelines. It is important that our local procedures reflect the amendments and also that they heed recent court decisions interpreting the intent of CEQA. BODY OF REPORT Purposes of CEQA: "The basic purposes of CEQA are to: (1) Inform governmental decision - makers and the public about the potential, siqnificant environmental effects of pro- posed activities. (2) Identiify_ways_ that environmental damage can be avoided or significantly reduced. • Mayor and Council -2- 0 10/3/80 (3) Prevent significant. avoidable amage _ to the environment by requiring changes in projects through the use of al- ternatives or mitigation measures when the governmental agency finds the changes to be feasible. (4) Disclose to the public the reasons why a_ governmental agency approved the project in the manner the agency chose." (Sec. 15006,-State EIR Guidelines) CEQA applies to all discretionary projects, i.e., projects which re- quire the exercise of judgement, deliberation or decision on the part of the public agency. Such projects include, but are not limited to, private developments, public works construction, clearing or grading of land, enactment and.amendment of zoning ordinances and general plan elements, and the issuance of use permits and variances. (The EIR guidelines [Article 83,d6 identify certain classes of projects as "categorically exempt" from CEQA requirements, making a prior deter- mination that these specific projects do not have a significant effect on the environment). Local Procedures: To acquaint you with our local procedures, we have attached our procedures list. (See At A). CEQA mandates specific documents and a precise time schedule. In the administration of the process outlined here, the City is the Lead Agency; other public agencies which have discretionary approval power over the pro- ject are Responsible Agencies. The Initial Study is a critical document in the CEQA process. Again quoting from the State EIR Guidelines, "The purposes of an Initial Study are to: (1) Identify environmental impacts; (2) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (3) Focus an EIR, if one is required, on potentially sig- nificant environmental effects; (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a.project will not have a significant effect on the environment; (6) Eliminate unnecessary EIRs." (Sec. 15080(b)). Mayor and Council Further, -3- 10/3/80 "(1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. (2) Where a project is revised in response to an Initial Study.so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. (3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examiniation of those impacts found to be clearly insignificant in the Initial Study." (Sec. 15080(d)). "If any aspects of the project, either individually or cumu- latively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project." (Sec. 15080 (a)) . "Determining Significant Effect. (a) The determination-of- whether a project may have a significant effect on the envi- ronment calls for careful judgement on the part of the public agency involved, based to the extent possible on scientific and factual data. An iron clad definition of significant effect is not possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area. There may be a difference of opinion on whether a particular effect should be considered adverse or beneficial, but where there is, or is anticipated to be, a substantial body of opinion that considers or will consider the effect to be adverse, the Lead Agency should prepare an EIR to explore the environmental effects involved. (.b) In evaluating the significance of the environmental effect of a project, the Lead Agency.shall consider both primary or direct and secondary or indirect consequences. Primary con- sequences are immediately related to the project, while sec- ondary consequences are related more to primary consequences than to the project itself. (c) Some examples of consequences which may be deemed to be a significant effect on the environment are contained in Appendix G." (Sec. 15081) . Mayor and Council -4- e 10/3/80 Appendix G referred to above appears as Attachment B to this report.. Improving the Process: A frequent criticism of CEQA is the time and redtape involved in the process. The recent amendments to the guide- lines seek to deal with this: see Attachment C for recommendation. i Our Planning Department philosophy is receptive to these amendments. We have been .using focused EIRs and mitigated negative Declarations whenever appropriate. Further, we are seeking ways to solicit input from all interested and /or affected agencies, citizens, and special interest groups at the Initial Study phase of the environmental assessment process. The Responsibility of the Planning Commission and City-Council: The guidelines state: "Findings. (a) No public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency-makes one or rr.cre of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding. (1) Changes or alterations have been required in, or incor- porated into, the project which mitigate or avoid the signi- ficant environmental effects thereof as identified in the final EIR. (2) Such changes.or alterations are within the responsibility and jurisdiction of another public agency and not the agency . making the finding. Such changes.have been adoped by such other agency or can and should be adopted by such other agency. (3) Specific economic,.social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by Subsection (a) shall be supported by substantial evidence in the record. (c) The finding in Subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified mitigation measures or alternatives." ASec. 15088). The new amendments add: "(d) A public agency shall:not approve or carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level. • Mayor and Council M•7c 10/3/80 (e) As used in this Section, the term "acc.eptable level" means that: (1) All significant environmental effects that can feasibly be avoided have been eliminated or substan- t ally lessened as determined through.fiinndings as described in.Subsection .(a), and (2) Any remaining, unavoidable significant effects have been found-acceptable under Section 15089." The referenced Section 15089 reads: "15089. Statement of Overriding Considerations.. (a). CEQA requires the decision -maker to balance the benefits of a proposed project against its unavoidable environ- mental risks in determining whether to approve the project." (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not mitigated, the'agency must state in writing the reasons to support its action based on the final EIR and /or other information in.the record. This statement may be necessary if the agency also makes a finding. under Section 15088 (a) (2) or (a) (3) ." The Use of Consultants: Current City procedure is to maintain a list of environmental consulting firms which is certified by the City Council. This list is compiled after careful consideration by the Planning Director and other City personnel who are involved in the land development and planning processes. When it is determined that a project warrants preparation of an EIR, proposals are solicited. from the firms on the certified list. However, our experience in recent years has been that no more than three or four EIRs are pre- pared annually, and in the case of 1979 -801 only one. We do foresee the preparation of an EIR'on the Special Plan for the Measure A area within the next six months. • • Mayor and Council Page 6 October 3, 1980 As demonstrated in the earlier sections of this report, the emphasis in CEQA is turning to greater use of the documents which precede the full - blown EIR. City planning staff currently prepares an average of 50 to 75 Initial Studies a year and also oversees the preparation of such documents in the Public Works Department for their projects. With the increased im- portance of these studies has come a concomitant demand on staff time. Several public agencies are beginning to utilize consultants to prepare their Initial Studies and Negative Declarations. Attachments A, B, C Submi tr ed by ' icci Ru in 6 &-1 -4 Associate Planner �rAL Inn Acr ;,- ass�n_N,rr PROg-BUIu10 IIM5L-l�x�li`C�:lTiu2(`17 \r STEM EIA Document Procedures Time (All forms filleUToi.l _b_y_Tlanning Depart- ment Staff carless noted otherwise.) EIA -la Filled out by applicant and submitted to Applicant determines. Envirormiental Planning Depar uient, along with $50 fil- Impact Question- ing fee and specific application., File naire questionnaire with application.'', -- EIA-lb This constitutes the Initial Study, in After submittal of EIA -la Criteria for Deter- conjunction, with EIA -la. Filed with by applicant. mining Significant EIA -la and application. Environmental Impacts Consult informally with all Responsible During preparation of Agencies (i.e. all other public agencies EIA -lb; prior to EIA -3. involved in carrying out or approving project). Include input in Initial Study. EIA -2 Mail to applicant and place copy in Within 30 days after sub - Application Department file. If application not mittal of application: Acceptance accepted as complete, assist applicant by specifying what is required. ELA -3 Mail cop), to applicant and place original Within 30 days after EIR Evaluation in Department file. (Staple into left acceptance of application. side of each new application file.) (Notice -of Exempfion) This notice is permissive, not manda- tory. If Qptional, at time of EIA -3. a court challenge is antici- pated, file notice with County Clerk. EIA -4 Attach copy of EIA -la -b (Initial Study) Public noticing required Negative to EIA -4, at least 10 days prior to Declaration Planning Commission Meeting. See instructions for EIA -7 for subsequent Planning Comission must filing of Negative Declaration. adopt Negative Declaration in not more than 105 days from date of EIA -2 (Acceptance of Application). EIA -5 Immediately after determining that EIR At time of EIA -3, or earlier, Notice of is required, send EIA -5 to each Responsi- if it is certain an EIR is Preparation ble Agency by certified mail. warranted. Responses due from Respon- sible Agencies within 45 days. Begin work on Draft EIR; secure Concurrent applicant deposit, prepare RFPs, contract with consultant, etc. City Staff review of preliminary Draft Within 10 days of receipt EIR from consultant of preliminary DEIR Distribute copies of Draft EIR for Public noticing required review by Responsible Agencies, other at least 30 days prior to public agencies, and public. Planning Commission meeting. EIA -6 When an EIR is required. As soon as At time of distribution of Notice of Draft EIR is completed and distributed Draft EIR" least 10 days Completion for review, file EIA -6 with State prior to Planning Commis - Resources Agency, for publication sign action. in California EIR Monitor. Place copy in Department file. t Certification of Final EIR by decision Final EIR must be certified making body (Planning Commission or and project approved of City Council depending on nature of disapproved within 1 year project.) from date of acceptance of application as complete. EIA-7 If either a Negative Declaration has been issued, Withirl 5 days arts go �y �ecision Notice of or an cIR prepared, then EIA -7 ject is approved Determination st be filedithhc €o�ru�� Clerk, Race copy ill making bony. 617S e1) !ten i Distribute Final EIR to Responsible Agencies. 1 APPENDIX G SIGNIFICANT EFFECTS A project will normally have a significant effect on the environment if it will: (a) Conflict with adopted environmental plans and goals of the community where it is located; (b) Have a substantial, demonstrable negative aesthetic effect; (c) Substantially affect a rare or endangered species of-animal or plant or the habitat of the species; (d) Interfere substantially with the movement of any resident or migratory fish or wildlife species; (e) Breach published national, state, or local standards relating to solid waste or litter control; (f) Substantially degrade water quality; (g) Contaminate a public water supply; (h) Substantially degrade or deplete ground water resources; (i) Interfere substantially with ground water recharge; (j) Disrupt or alter an archaeological site over 200 years old, an his - toric,site or a paleontological site except as part of a scientific study of the site; !' (k) Induce substantial growth or concentration'of population; (1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; (m) Displace a large number of people; (n) Encourage activities which result,in the use of large amounts of fuel, water, or energy; (o) Use fuel, water or energy in a wasteful manner; (p) Increase substantially the ambient noise levels for adjoining.areas; (q) Cause substantial flooding, eros -ion or siltation; (r) Expose people or structures to major geological hazards; (s) Extend a sewer trunk line with capacity to serve new development; (t) Substantially diminish habitat for fish, wildlife or plants; (u) Disrupt or divide the'physical arrangement of an established com- munity; (v) Create a public health hazard or a potential public health hazard; (w) Conflict with established recreational, educational, religious or scientific uses of the area; (x) Violate any ambient air quality standard, contribute substantially.to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. 6hf �. 3. Section 15016 is added to read: 15016. REDUCING DELAY AND PAPERWORK. Public agencies should reduce delay a .... ........_. and paperwork by: (a) Integrating the CEQA process into early planning. (15013) (b) Ensuring the swift and fair resolution of lead agency disputes. (15065.5) (c) Identifying projects which'fit within categorical exemptions and are therefore exempt from CEQA processing. (15100.4) (d) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs. (15080) (e) Using a negative declaration when a project not otherwise exempt will not have a significant effect on the environment. (15083) (f) Consulting with state and local responsible agencies before and during preparation of an environmental impact, report so that the document will meet the needs of all the agencies which will use it. (15066) (g) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a negative declaration rather than an environmental impact report. (15080(d)(2)). (h) Integrating CEQA requirements with other environmental review and consultation requirements. (Public Resources Code Section 21080.5) (i) Eliminating duplication with federal procedures by providing for joint preparation of environmental documents with federal agencies and by adopting completed federal NEPA documents. (15063) (J) Emphasizing consultation before an environmental impact report is acs« rrn��- a�ausrs�u;: >, utryu prepared, rather than submitting adversary comments on a completed document. (15066) (k) Combining environmental documents with other documents such as general plans. (15148) (1) Eliminating repetitive discussions of the same issues by using environmental impact reports on programs, policies, or plans and tiering fro statement of broad scope to those of narrower scope. (15066.5) (m) Reducing the length of environmental impact reports by means such as setting appropriate page limits. (15140.5) (n) Preparing analytic rather than encyclopedic environmental impact reports (15140) (o) Mentioning only briefly issues other than significant ones in EIRs. / (15143.5) (_p) Writing environmental impact reports in plain language. (15140) Following a clear format for environmental impact reports. (15140) - ..:ar..�i�.;r:;:- •,- 'cyz..� i:.:C d.!._ tcL ';ii<� ":;cYf:�si.'vi:•��;�.�iu (r) Emphasizing the portions of the environmental impact report that are useful to decisionmakers and the public and reducing emphasis on background material. (15140(e)) (s) Using incorporation by reference. (15149) (t) Making comments on environmental impact reports as specific as possible. (15085.5(d)) .,e.f..r. y t vr.., ,? ru c ,�e �.�+.:x•�r w -, .r ,y u a�,�' � r ,,..+ a..� ,j.•.o. � ...rc( ;.T, 1K; ,sy t.�}:A i w :+•tt e 4�i, � a,y... kin C C in I`', t ^Y rf c, - r�s""° t+c,.,.Z.f' P�-`w .m'i... fr *o- Y;-•.a .,:;.� C. .. . 3. Section 15016 is added to read: 15016.. REDUCING DELAY AND PAPERWORK. Public agencies should reduce delay C and paperwork by: (a) Integrating the CEQA process into early planning. (15013) (b) Ensuring the swift and fair resolution of lead agency disputes. (15065.5) (c) Identifying projects which fit within categorical exemptions and are therefore exempt from CEQA processing. (15100.4) (d) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs. (15080) (e) Using a negative declaration when a project not otherwise exempt will not have a significant effect on the environment. (15083) (f) Consulting with state and local responsible agencies before and during preparation of an environmental impact report so that the document will meet the needs of all the agencies which,-will use it. (15066) (-g) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a negative declaration rather than an environmental impact report. (15080(d)(2)). (h) Integratinf CEQA requirements with other environmental review and consultation requirements. (Public Resources Code Section 21080.5) (i) Eliminating duplication with federal procedures by providing for joint preparation of environmental documents with federal agencies and by adopting completed federal NEPA documents. (15063) Emphasizing consultation before an environmental impact report is prepared, rather than submitting adversary comments on a completed document. (15066) (k) Combining environmental documents with other documents such as general plans. (15148) (1) Eliminating repetitive d1scussion3 of the same issues by using environmental impact reports on programs, policies, or plans and tiering from statement of broad scope to those of narrower scope. (15066.5) (m) Reducing the length of environmental impact reports by means such as setting appropriate page limits. (15140.5) (n) Preparing analytic rather than encyclopedic environmental impact reports-(15140) (o) Mentioning only briefly issues other than significant ones in EIRs. (15143.5) Writing environmental impact reports in plain language. (15140) Following a clear format for environmental impact reports. (15140) (r) Emphasizing the portions of the environmental impact report that are useful to decisionmakers and the public and reducing emphasis on background material. (15140(e)) (s) Using incorporation by reference. (15149) (t) Making comments on environmental impact reports as specific as possible. (15085.5(d)) AGENDA BILL NO. .2 Q v CITY OF SARATOGA Initial: Dept. Hd. DATE:—July 14, 1982 C. Atty DEPA r: Planning & Policy Analysis C. Mgr. SUBJECT. NS -3.52, Amend Zoning Ordinance to Allow Private Profit Making Schools as Conditional Uses in A, R -1, R -M and P -A Districts -------------------------------------------------------------------------------- - - - - -- Issue Summary 1. Planning Commission adopted a resolution recommending adoption of the proposed ordinance amendment at its meeting of June 9, 1982, 2. This amendment was initiated by the Commissfon after a series of use permit and General Plan hearings that dealt with surplus school sites. 3. Purpose of amendment is to allow more flexible use of surplus school sites thus making it easier for school districts to maintain properties in institutional uses. Recommendation 1. Conduct the required public .hearing and receive public input for first reading of Ordinance. 2. Make the required findings (E•xhibit D). 3. Approve Negative Declaration. 4. Introduce Ordinance NS -3.52 as proposed. 5. Approve Ordinance NS -3.52 at second reading next meeting, Fiscal Imraacts None anticipated 5 Exhibits /Attachmcnts Exhibit A - Staff report dated 6/3/82 Exhibit B - Planning Commission minutes..dated 6/9/82 Exhibit C - Resolution GF -338 Exhibit D - Findings report for GF -338 Exhibit E - Ordinance NS -3.52 Exhibit F - Current Ordinance text dealing with schools as conditional uses Exhibit G - Negative Declaration Council Action 7/21: Clevenger /Fanelli moved to introduce by title only, waiving further reading. Passed 5 -0. Fanelli /Moyles moved to approve Negative Declaration. Passed 5 -0. 8/4: Callon /Fanelli moved second reading by title only, waiving further reading, and adoption. Passed 5 -0. E r I SE NNE TATNIT.6 I U1,11 I REPORT TO PLANNING COMMISSION DATE: 6/ 3/82 Commission Meeting: 6/ 9/82 SUBJECT GF -338, Amending the Zoning Ordinance to Allow Profit Making Private Schools as Conditional Uses in A, R -1, R -ML_ and P -A Districts ------- ------------ ------ - - - - -- ------ - - - - -- - -- ---- ---------- - - - - -- - At its Regular Adjourned meeting of May 18, 1982 the Planning Commission directed staff to prepare an amendment to the Zoning Ordinance which would allow profit making private schools to occupy surplus school sites.in R -1 Districts. The Commission also requested that residents concerned with the nature of the uses to be allowed on surplus-school sites bring suggestions to the May 26, 1982 meeting. No different suggestions for use were raised at that meeting. However, the Saratoga Park Woods Homeowners Association appears to support continued open space and non -adult educational use of school sites. Considering the Commission's direction, Section 3B.4(a) of the recently adopted Residential (NHR) District contains the private profit making schools to operat surplus school sites. Further; the use consistency among residential districts uses allowed. staff has determined that Northwest Hillsides necessary language to allow as conditional uses on of this language ensures in terms of the conditional Upon review of the Zoning Ordinance it can be seen that the A, R -M, and-P -A Districts all contain the same language regarding community facilities as conditional uses as-is found in Section 3.3(a) of the R -1 Districts. To maintain consistency within the Zoning Ordinance it is recommended that the language in these sections be amended as well. The impacts generated'by the conditional uses listed in Section 3B.4(a) would be roughly similar regardless of the district they would be located in but would vary based on specific locations. Modifying the language for each district is appropriate with use permit controls since specific locations that may be more adversely impacted can-be more carefully controlled or the conditional use prohibited. Currently, Sections 2.3(a) (Agriculture), 3.3(a) (One Family Residential) and 5.3'(a) (Multi - family Residential) read as follows: June 3 • • June 3, 1982 Page 2 "Community facilities and institutions including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non- profit schools and colleges, not including art, craft, music or dancing schools or business, professional or trade schools and colleges; public playgrounds', parks, community centers, libraries, museums,.art galleries, police and fire stations and other'-public buildings, structures and facilities; churches, parsonages, parish houses, monas- teries, convents and other religious institutions; public and private charitable institutions, hospitals, sanitariums or nursing homes for mental or drug addict or liquor addict cases; private non- commercial.clubs and lodges; golf courses." Section 6.3(a) (Professional and Administrative Office) reads exactly the same with -the exception that multi- family dwellings are listed as a conditional use. Staff is not recommending that multi - family dwellings be eliminated as a conditional. use in the P -A District. The proposed language for Sections 2.3(a), 3.3(a) and 5.3(a) world be the same as Section 3B.4 of the NHR Ordinance which reads as follows: "Community facilities and institutions, including public and private schools, playgrounds, parks, community centers, libraries, museums, police and.fire stations, public-buildings and facilities, religious'or charitable institutions, hos- pitals and golf courses, provided such facilities and institutions do not create major traffic or noise impact and are found to be compatible :•7ith the immediately surrounding area." Section 6.3(a) would contain the same language but would retain multi - family dwellings as a conditional use. The major charges that would result from adoption of the NHR language would be: 1. Allowance of profit making private schools including art, craft, music or dancing schools or business, professional or trade schools which were previously prohibited. 2. Allowance of hospitals for mental or drug addict or liquor addict cases which were previously prohibited. 3. Prohibition of art galleries, private nen commercial clubs and lodges which were previously allowed. 4. Prohibition of sanitariums and nursing homes which were previously allowed. 2 338 Ju • • June 3, 1982 Page 3 (It should be noted that Items 1 and 2 listed above would only be allowed if they met the conditions of no adverse traffic and noise impacts and compatibility with the immediately surrounding area.) Since a use permit is required prior to operation and specific findings have to be made in addition to the three standard findings required under Article 16 of the Zoning Ordinance this proposed change in language is consistent with the objectives of the Zoning Ordinance as listed in Section 1.1 and the purposes of the A, R -1, R -M and P -A Districts as listed in Sections 2.1, 3.1, 5.1, and 6.1 respectively. Specific Findings The proposed Zoning Ordinance amendment will: 1. Foster harmonious, convenient, workable and stable land uses by preventing adverse impacts and ensuring the compatibility of uses through the controls of the condi- tional use permit process. 2. Facilitate the appropriate location of community facilities and ensure that public and private lands ultimately are used for the purposes which are'most appropriate and most beneficial from the standpoint of the City as a whole by allowing greater fleXibi.lity in the types of conditional uses permitted, especially on vacant or surplus school sites, allowing for controls that will ensure compatibility with surrounding uses and enhance the City's abilit11 to preserve and continue the use of an open space resource. 3. Protect residential properties from excessive noise and traffic by requiring the proposed conditional uses not to create major traffic and noise impacts. 4. Provide space for community facilities and institutions which appropriately -may be located in professional and administrative office districts by allowing such uses through the use permit process. Recommendation Adopt a resolution recommending to the City Council that the Zoning Ordinance be amended so that Sections 2.3, 3.3, 5.3, and 6.3 have the same or substantially the same language as Section 3B.4 of the NHR Ordinance recently adopted. ��tLa_e_ (4,&7t� Michael Flo es Assistant Planner 3 " Roll Call Present: Commissioners Bolger, Laden, Monia, Schaefer and Zambetti (Commis - sioner Zambetti arrived at 7:38 p.m.) Absent: Commissioners Crowther and King Minutes The following change was made to the minutes of May 26, 1982: On page 3, add to the first part of the first sentence: "Relative to GPA 82 -1 -C, E1 Quito CITY OF SARATOGA PLANNING COMMISSION r {M'iYFtW::�= - �.... •. ,.... waive the reading of the minutes of May 26, 1982 and approve as amended. The MINUTES motion was carried unanimously. The following changes were made to the minutes of May 18, 1982: The first — .•; DATE: Wednesday, June 9, 1982 - 7:30 p.m. (Chair - man of the School Board of the Moreland School District), Sally Carlson and ........ PLACE: City Council Chambers, 13777 Fruitvale Ave., Saratoga, CA TYPE: Regular Meeting District that it would be too difficult at this time to accomplish." On page 2, paragraph 5, it should state that Reasoner reclarified his position . Commissioner Laden moved, ----------------------------------------- seconded by Commissioner Bolger, to waive the reading of the minutes of May 18, 1982 anal ROUTINE ORGANIZATION was not present at the meeting. " Roll Call Present: Commissioners Bolger, Laden, Monia, Schaefer and Zambetti (Commis - sioner Zambetti arrived at 7:38 p.m.) Absent: Commissioners Crowther and King Minutes The following change was made to the minutes of May 26, 1982: On page 3, add to the first part of the first sentence: "Relative to GPA 82 -1 -C, E1 Quito Park School ". Commissioner Laden moved, seconded by Commissioner Monia, to waive the reading of the minutes of May 26, 1982 and approve as amended. The motion was carried unanimously. The following changes were made to the minutes of May 18, 1982: The first sentence should read: "Commissioner Schaefer dis- cussed a previous meeting with Glen McNicholas, Bob Reasoner, Art Lund __ (Chair - man of the School Board of the Moreland School District), Sally Carlson and herself, to come up with options for consideration on how the Brookview and �= E1 Quito School sites should be used." Add before last sentence of the first paragraph: "It was decided by the representatives from the Moreland School District that it would be too difficult at this time to accomplish." On page 2, paragraph 5, it should state that Reasoner reclarified his position . Commissioner Laden moved, t seconded by Commissioner Bolger, to waive the reading of the minutes of May 18, 1982 anal approve as amended. The motion was carried, with Commissioner Monia abstaining since he was not present at the meeting. CONSENT CALENDAR 1. John Pursley, 13889 Upper dill Court, Site modification to allow the con- _._ struction of a swimming pool on a site of over 10% slope Commissioner Monia moved, seconded by Commissioner Laden, to approve the above item on the Consent Calendar. The motion was carried unanimously. .•..'.. PUBLIC HEARINGS 2. GF -338 - City of Saratoga, Consideration of Amendment of Sections 2.3(a), 3.3(a), 5.3(a) and 6.3(a) by replacing the language contained in Section 3 -B.4 - Conditional Uses of the recently adopted NHR Ordinance (NS- 3.49). This change would allow private schools, whether they are profit making or not, to operate in A, R -1, R -M and P -A Districts upon receipt of a Use Permit F Staff explained that the Commission had requested them to come back with a revised Zoning Ordinance that would allow profit making private schools to operate in vacant or surplus school sites, and, on review of the Zoning Ordinance, it was determined that not only the R -1 district, but also the P -A, R -M and A all have similar language in terms of conditional uses. Therefore, Staff decided to amend all of those other sections to maintain consistency within the Zoning Ordinance. They added that they also realized that the language of the recently adopted NHR Ordinance had the language the Commission desired, and therefore they have recommended that the language from that ordinance section be used for all of the other residential and P -A districts. Discussion followed on the changes that would result from the adoption of the NHR language. The Deputy City Attorney indicated that the intent of the NFiR Ordinance was to simplify the language and express community facili- ties in generalized terms. He added that if it is the Commission's desire to specifically exclude certain types of uses, that should be articulated in the ordinance itself. The public hearing was opened at 7:45 p.m. No one appeared to address the Commission. - 1 - Planning Commission /.. Meeting Minutes 6/9/82 - GF -338 (cont.) Page 2 Discussion ensued on the NHR Ordinance and its applicability to other zoning districts. Commissioner Laden commented that it may be difficult to have an ordinance that is uniform for all zoning districts. Commis- sioner Monia agreed and suggested continuing the matter in order to study the ramifications of having NHR conditional uses in the R -1 district. Staff suggested that if the only issue at this time is to amend the regu- lations of the R -1 district, this could be accomplished by removing the word "non- profit" from the language. Commissioner Monia moved to recommend Resolution GF -338, amending the Zoning Ordinance, to the City Council, with the removal of "non- profit" from the language of Sections 2.3(a), 3.3(a) and 5.3(a). Commissioner Laden seconded the moti @n, which was carried unanimously. The Deputy City Attorney indicated that he would prepare the revisions to the ordi- nance for transmittal to the City Council. 3. A -826 - G. Sinsley, Request for Design Review Approval to construct a two - story dwelling on a hillside lot zoned NHR, Parker Ranch (Parker Ranch Road and Burnett Drive) The proposal was described by Staff. They indicated that they did not feel that the project meets the criteria of the Design Review Ordinance relative to the appearance of bulk and the amount of grading involved, and further that it is not in compliance with the Parker Ranch EIR relative to home placement and building design. They added that they were recom- mending denial; however, if the Commission wishes to approve the applica- tion, they would suggest that there be a condition that there be substantial landscaping. "Discussion followed on the height, and it was clarified that the height of the house measured to the natural grade is 30 feet. The public hearing was opened at 7:55 p.m. Grover Sinsley, the applicant, spoke to the proposal. He submitted an alternate drawing showing the revised driveway. Commissioner Laden moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. Commissioner Monia moved to approve A -826, making the necessary findings, with the condition that a landscaping plan be submitted for review and approval by the Commission, and with Condition No. 2 of the Staff Report regarding conformance with the Fire Code. Commissioner Laden seconded the motion. It was noted that this approval also constitutes approval for modification to the Site Development Plan, per Exhibit "B -2 ". The motion was carried unanimously. 4. Consideration of Amendments to the 1974 General Plan of the City of Sara- toga; continued. from June 1, 1982 Staff gave the status of the General Plan Review. They noted that the next item to be considered would be the Goals and Policies, and it was determined that there should be a study session on June 15, 1982. Dis- cussion followed on Area .I, and Staff indicated that no action had been taken on the specific proposals in that area, nor on the density issue regarding Area I. It was noted that Staff had been asked to come back with an overlay format for the Area J. The Director of Planning and Policy addressed the Commission regarding the issue of the overlay. He reported that the Heritage Commission dis- cussed the possibility of looking at the Village as one of the historical districts and they talked about the possibility of combining that action with the overlay. He indicated that Staff can begin looking at the various uses and /or performance standards and the district boundaries, and pre- sent this to the Commission. It was determined that the first study session in July would be an appropriate time to consider this. The public hearing was opened at 8:20 p.m. Russell Perry, attorney representing four commercial property owners on Big Basin Way, referenced the two letters he had submitted advocating that the present zoning of C -V be retained. - 2 - RESOLUTION NO. GF -338 RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA WHEREAS, an application for amendment to the Zoning Ordinance has been initiated by the Planning Commission -f the City cf Saratoga, and WHEREAS, the Commission held a public hearing on said proposed amendment, which public hearing was held at the following time and place to -wit: At the-hour of 7:30 P.M. on the 9th day of June, 1982 City Council Chambers, 13777 Fruitvale'Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after careful consideration of the proposed amendment as it would affect the zoning regulations and General Plan of the City of Saratoga, and after review of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked NS 3.52 should be affirmatively recommended to the City Council.. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga.for adoption as part of the Zoning Ordinance of the City, and that the Report of Findings of this Commiscion, a copy of which report is attached hereto and marred Exhibit "B ", be and,the same is hereby.approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and a summary of hearings held by this Commission to the City Council for further action in accordance with State law. PASSED AND ADOPTED BY the City of Saratoga Planning Commission, State of California, this 9th day of June 1982 by the following vote: AYES: Commissioners Bolger, Laden, Monia, Schaefer and Zambetti NOES: None ABSTAIN:None ABSENT: Commissioners Crowther and King Chairman of the Pl nning Commission ATTEST: Sec etar to he Planning Commission Exkt6A D _ EXHIBIT "B" Report of Findings - GF -338 (Ord. NS -3.52) 1. The amendment to the Zoning Ordinance is required to achieve the objectives of the Zoning Ordinance prescribed in Section 1.1 of Ordinance NS -3. 2. The amendment would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements iri-the areas affected by the amendment. 3. The amendment would not adversely affect the development of the City of Saratoga. 4. The amendment will foster harmonious, convenient, workable and stable land uses by preventing adverse impacts and ensuring the compatibility of uses through. the controls of the conditional use permit process. 5. The amendment will facilitate the appropriate location of community facilities and ensure that public and private lands ultimately are used for the purposes which.are most appropriate and most beneficial from the standpoint of the City as a whole by allowing greater flexibility in the types of conditional uses permitted, especially on vacant or surplus school sites, allowing for controls that will ensure compatibility with surrounding uses, and enhance the City's ability to preserve and continue the use of an open space resource. 6. The amendment will provide space for community facilities and institutions which appropriately may be located in professional and administrative office districts by allowing such uses through the use permit process. ORDINANCE NS -3.52 Exkik E .a.� -.-.,N ..tea -n-;- _,.._ - '. ,, - . i'•-^ _ — --AN ORDINANCE OF THE CITY OF SARATOGA AMENDING - -- _--� _ORDINANCE NS =3, THE ZONING ORDINANCE, BY PROVIDING_ OA�TtOF�T PfI1KIN HOO1~b HLV�I ON ESN - " " THE A, R -1, R -M and P -A DISTRICTS -- The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Subsections 2.3(a) (Conditional Uses in A - Uses in 1 istricts), and Districts)* 3 . R- D. , 3. (a) (Conditional - -- , - - -'• - ,- 5 - _(Conditional Uses - in-_R= M--Districts) are hheereb__ - _ . "Community facilities and institutions including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private schools and colleges; public playgrounds, parks, community centers, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; churches, parsonages, parish houses, monasteries, convents and other religious institutions; public and private charitable institut ,ions;..hospitals,.sanitariums or and nursing homes, not including hospitals, sanitariums, or nursing homes for mental or drug addict or liquor addict cases; private non - commercial clubs and lodges; golf courses." Section 2: Subsection 6''3(a) (Conditional Uses in P -A Districts) is hereby amended to read as follows: "Community facilities and institutions, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private schools and colleges; public playgrounds, parks, community centers, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; churches, parsonages, parish houses,.monasteries, convents and other religious institutions; public and private charitable institutions; hospitals, sanitariums, er and nursing homes, not including hospitals, sanitariums, or nursing homes for mental or drug addict or liquor addict cases; private non - commercial clubs and lodges; golf courses; multi - family dwellings. Section 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconsti- tutional. on v_2his`orcii cue-- a e din fiiTl -- force and effect thirty (30) days from and after the date - -- of its passage and adoption. The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1982, by the following - vote: _ _ AYES: - -- 1.12 N E - - - - Vigv _ 1 - ABSTAIN: ABSENT: ATTEST: CITY CLERK im M1 MAYOR Rodentia family (rabbits, hamsters, squirrels, mice,. fl rats guinea pigs, s, etc.) in reasonable numbers; at all times ~' g p on leash or chain or fully confined in a cage or other en- closure. ,.Birds and fowl, excluding peafowl, turkeys, chickens.,. ducks, geese, roosters, and any other species capable of raucous outcry, in reasonable numbers, at all times to be fully confined in a cage or other enclosure. Reptiles and fish, excluding any poisonous species and excluding all species of crocodilians, in reasonable numbers and at all times to be fully confined in a suitable enclosure. The keeping.of any other species of animal, or any of the above - enumerated permitted animals which.are vicious or dangerous, or constitute a public health hazard, or the keeping of any animal which.by sound or outcry shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable and comfortable enjoyment of his property, is hereby prohibited and,declared to be.a public nuisance. .(Ord. NS -3.22 §3, 1969: Ord. - -NS -3.15 §1 (part) , 1968: Ord. NS -3.12 §7 (part) , 1968) . Section 3.3 Conditional uses. The following co. ndi- • tional uses shall be permitted upon the granting of a use permit, in accord with the provisions of Article 16': (a) Community facilities and institutions including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non - profit schools and colleges, not including art, craft, music or dancing schools or- business, professional or trade schools and colleges; public playgrounds, parks, community centers, libraries, museums, art galleries, police and fire _ stations and other public buildings, structures and facili- ties; churches, parsonages, parish houses, monasteries, con- vents and other religious institutions; public and private charitable institutions; hospitals, sanitariums and nursing homes, not including hospitals, sanitariums or nursing homes for mental or drug addict or liquor addict cases; private noncommerical clubs and lodges; golf courses. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines found by the City Planning Commission to be necessary for the public health, safety or welfare. (c) Repealed by Ord. 3.25 §1. (d) Accessory structures and uses located on the same site as a conditional use. (e) Community stables, as defined in Section 8 -35.2 of the Saratoga City Code, on a site area satisfactory to • the Planning Commission, subject to the regulations of 24 F: �sC��DMC D CL 9go Al C JUL .2 91982 G� , -- = - - - - - - �UC-Q .,� ORo /VS 3,52 �-�l tkA tT EIA -4 I File No: GF -338 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Amend the Zoning Ordinance (NS -3) of the City of Saratoga to allow profit making private schools and other uses,as conditional uses in the A - "Agriculture ",: R -1 - "Single Family Residential ", R -M - "Multi- family Residential ", and P -A - "Professional- Administrative" Districts of the City. NAME AND ADDRESS OF APPLICANT City of- Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The proposed amendment of.the!Zoning Ordinance will not have a signi- ficant effect on the environment since all uses will be controlled through the conditioning power of the use permit process and all uses which could create major traffic or noise impacts are expressly prohibited in the Ordinance. The Ordinance could make it easier to preserve existing surplus school sites for educational use. Executed at Saratoga, California this 3V-a day of \/ d Nr— R. S. Robinson, Jr. Planning and Policy Analysis D RECTOR'S AUTHORIZED, STAFF MEMBER 19