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HomeMy WebLinkAbout11-05-1982 CITY COUNCILAGENDAAGENDA BILL NO. �p DATE: November 5, 1982 CITY OF SARATOGA DEPARTMENT: Planning & Policy Analysis Initial: fJ Dept. Hd. C. A C. Mgr. SUBJECT: GF -342 and C -201, Agricultural Preserve /Open Space Overlay District Issue Summary 1. When the City rezoned the Northwestern Hillsides to NHR certain Williamson Act parcels lost their agricultural zoning. 2. Staff was concerned that this could have jeopardized the status of these contract parcels since they must be in designated agricultural preserves. Also, Resolution No. 549 requires such parcels to be rezoned "A" if they are otherwise zoned. 3. The Commission, at its meeting of 10/27/82, voted unanimously to recommend that the City Council adopt an Agricultural Preserve/ Open Space Overlay District and designate those Williamson Act parcels in the Northwestern Hillsides as in this district to resolve this issue. 4. The process of creating an Overlay District and designating parcels in this district is the same as a regular ordinance creation and rezoning. Recommendation 1. Establish.a time;for,.a.public. hearing on the adoption-of the Overlay District and the designation of Williamson Act contract parcels as parcels within this District. 2. At the public hearing the Council - should approve the Negative Declaration and have the first reading of the Orihance after taking public testimony. 3. The Council should also amend Resolution No. 549 to allow Williamson. Ac "t"-contract parcels to be zoned Agricultural Preserve /Open Space rather than just "A" Agriculture. W' Fiscal Impacts None anticipated Exhibits /Attachrrn�ts Exhibit A Staff'Report dated.l0 /20/82 Exhibit B - Negative Declaration Exhibit Cl and C2 - Agricultural Preserve /Open Exhibit D - Map of area affected (C -201) Exhibit E - Planning Commission minutes dated ,Exhibi:t F - Resolution No. 549 Space Overlay Ordinances 10/13/82 Exhibit G - Resolution approving GF -342 and C -201 (Planning Commission) Council Action: 11/17: Clevenger /Fanelli moved to set for public hearing 12/15 Passed 5 -0 12/15: Clevenger /Fanelli moved to introduce ordinance by title, waiving further reading. Passed 5 -0. 1/5: Both ordinance adopted 5 -0 (NS 3.55 and NS3ZC -85). � &61-6 i+ A REPORT TO PLANNING COMMISSION DATE: 10/20/82 Commission Meeting: 10/27/82 SUBJECT C -201 and GF -342, Agricultural Overlay in the Northwestern Hillsides for Williamson Act Parcels At its Committee -of- the -Whole meeting of October 19, 1982 the Planning Commission discussed two alternative means of creating an agricultural overlay for.Williamson Act parcels which were presented by the Deputy City Attorney. The consensus of the Commission at that meeting was to use Alternative #1 which would apply the overlay only to the Williamson Act parcels in the Northwestern Hillsides Residential District rather than have the overlay cover a broader area. It should be noted that the overlay does not create any new land use restrictions and merely indicates that the lands affected must comply with their existing Williamson Act.contracts. The overlay will ensure that as long as the affected parcels are under Williamson Act contract they will be designated as agricultural preserves on the zoning map. Attached is a copy of the proposed overlay ordinance and the resolution recommending approval to the City Council. Also attached is a resolution recommending that the zoning map be amended to show the Williamson Act parcels in the NHR District as part of an agricultural preserve. l sh"10 vre - 1. The proposed ordinance amendments are required to ensure that existing Williamson Act contract lands are maintained in agricultural preserves as required by State law. 2. The proposed zoning changes are required to achieve the objectives of the Zoning Ordinance as prescribed in Section 1.1 of Ordinance NS -3. C -201 and GF -342 , October 20, 1982 Page 2 3. The amendments would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the areas affected by the amendment. 4. The amendments are.consistent:,with the goals and policies of the General Plan and the Specific Plan for the area. 5. The amendments will not adversely affect the development of the City of Saratoga. RECOMMENDATION: Staff recommends that the Planning Commission make the necessary findings and adopt the resolutions recommending that the City Council make the proposed amendments to the text and map of the Zoning Ordinance. Michael Fldres Assistant Planner MF /mgr :.EIA -4 C �. File No:GF -342 & C -201 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) i 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 Creat Overlay District for those the Northwestern Hillsides Specific Plan for the area are under. ion of an Agricultural Preserve /Open Space parcels under Williamson Act contract in Residential District consistent with the and the Williamson Act contracts the parcels NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION Proposed amendments would not have a significant effect on the bnvironment since the net effect of both would be to maintain agricultural uses on certain parcels in the Northwestern Hillsides. The project would create less impact than the development impacts predicted in the E.I.R. for the Specific Plan for this area and returns proper zoning to Williamson Act contract parcels. Executed at Saratoga, California this 20th day of nrtnhPr 19R R. S. ROBINSON, JR.. DIRECTOR OF PLANNING AND POLICY ANALYSIS ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER �xtF lbl'C L I b ORDINANCE NO. NS- AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY ESTABLISHING AN AGRICULTURAL PRESERVE /OPEN SPACE OVERLAY DISTRICT ON CERTAIN LAND PRESENTLY ZONED "A" OR "NHR ". The City Council of the City of Saratoga does hereby ordain as follows: Article 3C is hereby added to Ordinance NS -3 of the City of Saratoga to read as follows: ARTICLE 3C. AGRICULTURAL PRESERVE /OPEN SPACE OVERLAY DISTRICT Section 3C.1 - Purposes. In addition to the objectives set forth in Section 1.1, the Agricultural Preserve /Open Space Overlay District is included in the Zoning Ordinance to achieve the following purposes: (a) To satisfy legal requirements with respect to the zoning classification of land on which Williamson Act contracts may be executed and renewed, thereby encouraging and preserving such contracts in accordance with the policies set forth in the Saratoga General Plan and the Northwestern Hillside Specific Plan. (b) To implement the open space element of the Saratoga General Plan. Section 3C.2 - Definitions. In addition to the definitions set forth in Section 1.5, all of which are applicable to this Article, the following defini- tions shall also apply to certain terms used herein: (a) Williamson Act. The California Land Conserva- tion Act of 1965, as set forth in Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the California Government Code. (b) Williamson Act Contracts. Agreements between the City of Saratoga and the landowner executed pursuant 1. Ito the Williamson Act and the rules and regulations adopted by the City of Saratoga for the conduct of proceedings thereunder. (c) Agricultural Preserve. A parcel of area of land devoted to either agricultural use, recreational use, open space use or any combination of such uses, as defined in Section 51201 of the Williamson Act. (d) Open Space. A parcel or area of land which is essentially unimproved and devoted to open space as defined in Government Code Section 65560(b). (e) AP /OS Overlay. The Agricultural Preserve /Open Space Overlay District established by this Article. (f) Underlying Zoning. The zoning classification of a parcel or area of land in the absence of the AP /OS Overlay District. Section 3C.3 - Establishment of AP /OS Overlay District. An Agricultural Preserve /Open Space Overlay District is hereby established upon all parcels or areas of land designated "AP /OS Overlay" on the Overlay Zoning Map approved as part of this Ordinance and such lands are hereby designated as agricultural preserves and open space lands, all such lands being subject to Williamson Act contracts as of the effective date of this Ordinance. Section 3C.4 - Land Uses. Each parcel or area of land within the AP /OS Overlay District shall be used only for the purposes expressly permitted under the terms of the Williamson Act Contract applicable to such land. Section 3C.5 — Termination of Overlav District Restriction. Upon the effective date of any expiration or termination of a Williamson Act contract covering any parcel or area of land within the AP /OS Overlay District, such land shall automatically be removed from the AP /OS Overlay District and shall thereafter be classified solely according to the district of the underlying - 2. a � ......._ ... . zoning for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act contract pertaining to such land, in which event the land shall again be included within the AP /OS Overlay District. Section 3C.6 - Status of Existing Williamson Act Contracts. . This Article shall not constitute or be interpreted as causing any alteration, amendment or impairment of any Williamson Act contract which has not expired or been terminated as of the effective date of this Ordinance, and all such contracts are hereby ratified, acknowledged and confirmed by the City of Saratoga and declared to be in full force and effect. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. This Ordinance shall take effect thirty (30) days after 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 198_, by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: Attest: City Clerk 3. Mayor li C CA 10 E- ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY AMENDING THE ZONING MAP REGARDING PARCELS WITH THE FOLLOWING APN NU14BERS: 366 -5 -21, 366 -14 -6, 366- 14 -27, 503 -12 -1, 503- 12 -24, 503- 12 -25, 503- 13 -67, 503- 13 -68, 503- 17 -21, 503- 17 -23, AND 503 -17 -49 SHOWING THEM AS PART OF THE AGRICULTURAL PRESERVE /OPEN SPACE OVERLAY DISTRICT The City Council of the City of Saratoga hereby ordains as follows: Section 1: Sectional Map #C -201 attached hereto and incor- porated herein by reference is hereby adopted, and the Zoning Map of the City of Saratoga adopted by Section 1.8 of the Ordinance NS -3 of said City, together with any amendments thereto, is hereby changed and amended by substituting the cross hatched area of the foregoing Sectional District Map for that portion of the Zoning Map delineated in and by that cross hatched portion of the Sectional District Map. So much of the Zoning Map of the City of Saratoga, together with any amendments thereto, as in conflict with the adoption of the Sectional Map is hereby superseded and repealed. Section 2: This Ordinance reclassifies certain properties shown on the attached sectional map by adding the designation of Agricultural Preserve /Open Space Overlay District to the existing Northwestern Hillsides Residential District designation. It shall become operative on and after thirty (30) days from its date of passage. This Ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this day of 1982, by the following votes: AYES: NOES: ABSENT: a '.ABSTAIN: ATTEST: CITY CLERK MAYOR i� 0 0 Planning Commission Meeting Minutes 10/13/82 A -838 (cont.) Exh�b�tE '� Page 2 problems and also submitted a copy of the petition with the signatures in favor of deleting the restriction in the CC&Rs for the adjacent subdivisions. Discussion followed on the CC$Rs for the adjacent subdivisions and the pro- cedure for changing them. The Deputy City Attorney stated that the only involvement that the City may have is if there is a provision in the CC$Rs that states that they should not be amended without the City's consent. He added that the City can't initiate an amendment; the CC$Rs are between the homeowners and the homeowners association. He stated that the matter before the Commission at this time is the design review for the fence; the actual application for the fence was already ruled upon by the Commission at an earlier meeting. Mrs. Joe spoke in favor of the proposal, stating that she was highly aller- gic to animals and noted the problems that she had incurred. Jack Tevis, 19607 Kenosha Court, stated that he lived in the adjacent sub- division and they were fenced legally. He commented that the concept of the Planned Community is fine, but it has not worked. He added that open space means that it is open to dogs, kids, horseback riders, etc. He stated that lie felt that Dr. Joe's application should be approved, since everyone else in the area has fencing, and it would give them the oppor- tunity to secure, protect and thereby properly utilize their property. Mrs. Klein stated that the City Council had also recognized the fact that the Planned Community concept was not working, and that is why they had directed the Commission to study the Planned Community area if the fencing is going to be changed. Commissioner Crowther moved to approve A -838 per the Staff Report date' 9- 30 -82. Commissioner Monia seconded the motion, which was carried una, mously 7 -0. It was determined that the Planned Community area will be studied at a later date, no later than February, and possibly along with the General Plan. PUBLIC HEARINGS 6. GF -341 - Amendment of the Zoning Ordinance by adding article 25 - Village Overlay District to Ordinance NS -3 which would establish the boundaries of the district (generally that area contained within Saratoga Creek, Saratoga - Sunnyvale and Saratoga -Los Gatos Roads, Oak Street and St. Charles and Sixth Streets), allow mixed uses on properly designated lots with a use permit, modifying the list of conditional uses to be allowed in the district, and by allowing variations in development standards through the use permit process per Article 18 of Ordinance NS -3; continued from September 22, 1982 Chairman Schaefer reported that it has been determined that a Specific Plan will be done instead of a Village Overlay. The public hearing was opened at 8:00 p.m. No one appeared to address the Commission. It was moved and seconded to close the public hearing. The motion was carried unanimously. GF -342 - Amendment of the Zoning Ordinance by changing the minimum site area C -201 - allowed in the A (Agriculture) District from 5 acres to 10 acres and changing the minimum site area per dwelling unit from 2.5 acres to 10 acres. The City proposes to rezone certain parcels in the Northwestern Hillsides to A (Agriculture) rather than NHR (Northwestern Hillsides Residential). The parcels affected were previously zoned A (Agriculture) and are under 1t'illiamson Act contracts. Amendments will be per Article 18 of Ordinance NS -3 The public hearing was opened at 8:00 p.m. No one appeared to address Commission. It was directed that this matter be continued to the meeting on October 27, 1982. 8. UP -522 - Cashin /Dean Turner, Request for Use Permit Approval to allow the construction of a gas station in the C -N zoning district at the corner of Prospect and Saratoga - Sunnyvale Road It was reported that there had previously been a split vote on this item. 2 - �X�filoe�� RESOLUTION NO. 549 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING PROCEDURES FOR INITIATING, FILING AND PROCESSING REQUESTS TO ESTABLISH AGRICULTURAL PRESERVES ( IL I5A1M23 N ACT) WHEREAS California Land Conservation Act of 1965 (The Williamson Actj authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of those agricultural areas within which the city will be willing to enter into land conservation contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural economy of the state and to prevent the premature and unnecessary conversion of land from agricultural uses, and WHEREAS, the City Council of this City finds that it can assist the maintenance of the State's agricultural economy and avoid conversion of land from agricultural uses by establishing agricultural preserves and entering into agreements with land owners as authorized by said Act, and WHEREAS, said Act directs cities to state by resolution the procedures for initiating, filing and processing requests for the establishment of such agricultural preserves, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: The establishment of an agricultural preserve may be initiated either by motion of the City Council, or upon an appli- cation therefor by the land owner or land owners of the property within the proposed preserve, as hereinafter set forth. The following procedures are hereby established for the initiating, filing and processing of all requests to establish such preserves: 1. All requests for establishing an agricultural preserve initiated by other than "motion of the City Council shall be upon written application signed by all of the owners of the lands in- cluded within the confines of the proposed preserve, and filed with the City Clerk on forms approved by the City Council, which shall include the following data: (a) Names and addresses of all owners; (b) A statement of the location, ownership, size, and area of all the property, and of all the present agricultural uses of the property together with any and all other uses conducted thereon; (c) Assessor's parcel numbers; (d) A request that the property be established as an agricultural preserve for the purpose of enabling the applicant to enter into a land conservation contract with the City; (e) In the event the property or some part thereof is in a zoning district other than A (agriculture), a request to initiate a change of zoning to A zoning district; -1- (f) Such other data or information as may be required by the approved form; In addition, each application shall be accompanied by the following documents: (a) Two (2) copies of a legal description of all properties; �b) Four (4) copies of assessor's maps; c) A completed income analysis sheet for delivery to the Santa Clara County Assessor; (d) Two (2) completed land conservation contracts in a form approved by the City Council, covering all or some substantial portion of the property within the proposed agricultural preserve, each properly executed and acknowledged by the property owner; (e) A filing fee in the sum of $ 25.00 together with an additional filing fee of $200.00 if the application also includes a request to rezone to "A' zoning district. 2. Upon receipt of the application, the City Clerk shall check the same for the adequacy and completeness of all documentation required thereon and documents to be included therewith, and upon determining the same as properly executed and complete, he shall then: (a) Forthwith submit the application and accompanying data to the City's Planning Department, who shall report thereon to the City Council within thirty (30) days thereafter, and which report shall in- clude a statement as to whether or not the proposed preserve is consistant with the General Plan; (b) He shall set a public hearing on the application before the City Council, publishing notice of the same once in a newspaper of general circulation at least 10 days prior to the date of the hearing, and sending a copy of said notice, postage prepaid, to all applicants who have their addresses set forth on "the application. 3. At the time and place of the public hearing on the application, the City Council shall hear all persons interested therein, and thereafter may either terminate said proceedings, or may by resolution establish all or any portion of the lands included in the application as an agricultural preserve. Said public hearing may be continued from time to time, and in no event shall the City Council adopt a resolution establishing an agricultural preserve until it has either received a report on the application from the Planning Department, or until the expiration of thirty (30) days from the date said matter was submitted to said Planning Department in the event said department fails to report thereon. Each resolution establishing an agricultural preserve shall contain a finding of compatible uses within the preserve, and shall set forth such uniform rules for administering that preserve as may be deemed advisable and necessary by the City Council. 4. At any time at or after adopting a resolution estab- lishing an agricultural preserve, the City Council may authorize C "I -2- the Mayor of said City to enter into a land conservation agreement with any owner or owners of land within said agri- cultural preserve, and said authorization may, but need not, be included as a part of the resolution establishing the preserve. 5. Anything to the contrary hereinabove not withstanding, the City .Council may abandon any proceedings for the establishment of an agricultural preserve at any time after the filing of an application therefor or initiation of the same on the Council's own motion, by minute'or other resolution, which resolution shall set forth the reasons for such abandonment. r 6. Attached hereto and marked, respectively, Exhibits "A" and'$ ", are forms for the,application for creation of an agricultural preserve and for land conservation contract, which forms are hereby specifically referred to and approved as official forms of this City. 7. The City Clerk shall cause a duplicate original of each land conservation agreement to be recorded with the Santa Clara County Recorder within 20 days.after the completed execution of the same, and shall file a copy of the same with the Santa Clara County Assessor. Within 30 days after adoption of this Resolution, the City Clerk shall file a sample copy of the hereinabove approved form of contract with the State Director of Agriculture. The above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Saratoga at a regular meeting thereof, held on the 21st day of October , 1970, by the following vote: AYES: Councilmen Robbins, Smith, Dwyer, Sanders, Drlo?,, NOES: None ABSENT: 1VoRe Mayor I ATTEST: C/Af Clerk I C11— - -3- RESOLUTION NO. GF -342 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 of the City of 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 27th day of October, 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 Exhibit "C" 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 Commission, a copy of which report is attached hereto and marked 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 27th day of October,1982 by the following vote: AYES: Commissioners Bolger, Hlava, Monia, Nellis, Schaefer and Siegfried NOES: None ABSTAIN:None ABSENT: Commissioner Crowther Chairman of the Planni Commission ATTEST: 1 i y� Secretary to t e Planning Commission EXHIBIT "B" FINDINGS: GF -342 C -201 1. The proposed ordinance amendments are required to ensure that existing Williamson Act contract lands are maintained in agricultural preserves as required by State Law. 2. The proposed zoning changes are required to achieve the objectives of the Zoning Ordinance as prescribed in Section 1.1 of Ordinance NS -3. 3. The amendments would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the areas affected by the amendment. 4. The amendments are consistent with the goals and policies of the General Plan and the Specific Plan for the area. 5. The amendments will not adversely affect the development of the City of Saratoga. RESOLUTION NO. C -201 RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA 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 27th day of October, 1982 at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulation plan of the City of Saratoga, and after consideration 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 Exhibit "A" 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 said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked 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 27th day of October,1982, by the following roll call vote: AYES: Commissioners Bolger, Hlava, Monia, Nellis, Schaefer and Siegfried NOES: None ABSTAIN:None ABSENT: Commissioner Crowther Ch Airman of the PlaAning Commission .ATTEST: Secr a y ; CITY OF SARNTOGA AGENDA BILL NO. &TE: November 5, 1982 DEPARTMENT: Planning & Policy Analysis Initial: Dept. Hd.� C. C. Mgr. SUBJECT: GF -342 and C -201, Agricultural Preserve /Open Space Overlay District Issue Summary 1. When the City rezoned the Northwestern Hillsides to NHR certain Williamson Act parcels lost their agricultural zoning. 2. Staff was concerned that this could have jeopardized the status of these contract parcels since they must be in designated agricultural preserves. Also, Resolution No. 549 requires such parcels to be rezoned "A" if they are otherwise zoned. 3. The Commission, at its meeting of 10/27/82, voted unanimously to recommend that the City Council adopt an Agricultural Preserve/ Open Space Overlay District and designate those Williamson Act parcels in the Northwestern Hillsides as in this district to resolve this issue. 4. The process of creating an Overlay District and designating parcels in this district is the same as a regular ordinance creation and rezoning. Recommendation �. Establish a time for a public.hearing on the adoption of the Overlay District and the designation of Williamson Act contract parcels as parcels within this District. 2. At the public hearing the Council.should approve the Negative Declaration and have the first reading of the Orinance after taking public testimony. 3. The Council should also amend Resolution No. 549 to allow Williamson Act contract parcels to be zoned Agricultural Preserve /Open Space rather than just "A" Agriculture. Fiscal Facts None anticipated Exhibits /Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G r� U - Staff.Report dated 10 /20/82 - Negative Declaration - Agricultural Preserve /Open Space Overlay Ordinance - Map of area affected (C -201) - Planning Commission minutes dated 10/13/82 - Resolution No. 549 - Resolution approving GF -342 and C -201 (Planning Commission) C C Ex1�;6�tA REPORT TO PLANNING COMMISSION DATE: 10/20/82 Commission Meeting: 10/27/82 SUBJECT: C -201 and GF -342, Agricultural Overlay in the Northwestern Hillsides for Williamson Act Parcels ---------------------------------------------------------------------------- At its Committee -of- the -Whole meeting of October 19, 1982 the Planning Commission discussed two alternative means of creating an agricultural overlay for Williamson Act parcels which were presented by the Deputy City Attorney. The consensus of the Commission at that meeting was to use Alternative #1 which.would • apply the overlay only to the Williamson Act parcels in the Northwestern Hillsides Residential District rather than have the overlay cover a broader area. It should be noted that the overlay does not create any new land use restrictions and merely indicates that the lands affected must comply with their existing Williamson Act contracts. The overlay will ensure that as long as the affected parcels: are under Williamson Act contract they will be designated as agricultural preserves on the zoning map. Attached is a copy of the proposed.overlay ordinance and the resolution recommending approval to the City Council. Also attached is a resolution recommending that the zoning map be amended to show the Williamson Act parcels in the NHR District as part of an agricultural preserve. FINDINGS 1. The proposed ordinance amendments are required to ensure that existing Williamson Act contract lands are maintained in agricultural preserves as required by State law. 2. The proposed zoning changes are required to achieve the objectives of the Zoning Ordinance as prescribed in Section 1.1 • of Ordinance NS -3. C -201 and GF -342 \ . October 20, 1982 Page 2 • 3. The amendments would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the areas affected by the amendment. 4. The amendments are consistent:with the goals and policies of the General Plan and the Specific Plan for the area. 5. The amendments will not adversely affect the development of the City of Saratoga. RECOMMENDATION: Staff recommends that the Planning Commission make the necessary findings and adopt the resolutions recommending that the City Council make the proposed amendments to the text and map of the Zoning Ordinance. Michael Flores Assistant Planner • MF /mgr EIA -4 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No:GF -342 & C -201 E"Abi£B' 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 Creation of an Agricultural Preserve /Open Space Overlay District for those parcels under Williamson Act contract in the Northwestern Hillsides Residential District consistent with the Specific Plan for the area and the Williamson Act contracts the parcels are under. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION Proposed amendments would not have a significant effect on the envibonment since the net effect of both would be to maintain agricultural uses on certain parcels in the Northwestern Hillsides. The project would create less impact than the development impacts predicted in the E.I.R. for the Specific Plan for this area and returns proper zoning to Williamson Act contract parcels. • Executed at Saratoga, California this 20th day of 0.tnh., 191" R. S. ROBINSON, JR. DIRECTOR OF PLANNING AND POLICY ANALYSIS ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER • c ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY AMENDING THE ZONING MAP REGARDING PARCELS WITH THE FOLLOWING APN NUMBERS: 366 -5 -21, 366 -14 -6, 366- 14 -27, 503 -12 -1, 503- 12 -24, 503- 12 -25, 503- 13 -67, 503- 13 -68, 503- 17 -21, 503- 17 -23, AND 503 -17 -49 SHOWING THEM AS PART OF THE AGRICULTURAL PRESERVE /OPEN SPACE OVERLAY DISTRICT The City Council of the City of Saratoga hereby ordains as follows: Section 1: Sectional Map nC -201 attached hereto and incor- porated herein by reference is hereby adopted, and the Zoning Map of the City of Saratoga adopted by Section 1.8 of the Ordinance NS -3 of said Citv, together with any amendments thereto, is hereby changed and amended by substituting the cross hatched area of the foregoing Sectional District Map for that portion of the Zoning Map delineated in and by that cross hatched portion of the Sectional District Map. So much of the Zoning Map of the City of Saratoga, together with any amendments thereto, as in conflict with the adoption of the Sectional Map is hereby superseded and repealed. Section 2: This Ordinance reclassifies certain properties shown on the attached sectional map by adding the designation of • Agricultural Preserve /Open Space Overlay District to the existing Northwestern Hillsides Residential District designation. It shall become operative on and after thirty (30) days from its date of passage. is This Ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this day of 1982, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK MAYOR r_� t Planning Commission Meeting Minutes 10/13/82 A -833 (cont.) � Exhob�tE Page 2 problems and also submitted a copy of the Petition with the signatures in favor of deleting the restriction in the CC$Rs for the adjacent subdivisions Discussion followed on the CC&Rs for the adjacent subdivisions and the pro- cedure for changing them. The Deputy Citv Attorney stated that the only involvement that the City may have is if there is a provision in the CC &Rs that states that they should not be amended without the City's consent. fie added that the City can't initiate an amendment; the CC,ks are between the homeowners and the homeowners association. He stated that the matter before the Commission at this time is the design review for the fence; the actual application for the fence was already ruled upon by the Commission at an earlier meeting. Mrs. Joe spoke in favor of the proposal, stating that she was highly aller- gic to animals and noted the problems that she had incurred. Jack Tevis, 19607 Kenosha Court, stated that he lived in the adjacent sub- division and they were fenced legally. He commented that the concept of the Planned Community is fine, but it has not worked. lie added that open space means that it is open to dogs, kids, horseback riders, etc. He stated that lie felt that Dr. Joe's application should be approved, since everyone else in the area has fencing, and it would give them the oppor- tunity to secure, protect and thereby properly utilize their property. Mrs. Klein stated that the City Council had also recognized the fact that the Planned Community concept was not working, and that is whv they had directed the Commission to study the Planned Community area if the fencing is going to be changed. Commissioner Crowther moved to approve A -838 per the Staff Report dated • 9- 30 -82. Commissioner Monia seconded the motion, which was carried Link mously 7 -0. It was determined that the Planned Community area will be studied at a later date, no later than February, and possibly along with the General Plan. PUBLIC HEARINGS 6. GF -341 - Amendment of the Zoning Ordinance by adding Article 25 - Village Overlay District to Ordinance NS -3 which would establish the boundaries of the district (generally that area contained within Saratoga Creek, Saratoga - Sunnyvale and Saratoga -Los Gatos Roads, Oak Street and St. Charles and Sixth Streets), allow mixed uses on properly designated lots with a use permit, modifying the list of conditional uses to be allowed in the district, and by allowing variations in development standards through the use permit process per Article 18 of Ordinance NS -3; continued from September 22, 1982 Chairman Schaefer reported that it has been determined that a Specific Plan will be done instead of a Village Overlay. The public hearing was opened at 3:00 p.m. No one appeared to address the Commission. It was moved and seconded to close the public hearing. The motion was carried unanimously. 7. GF -342 Amendment of the Zoning Ordinance by changing the minimum site are; 0-201 - allowed in the A (Agriculture) District from 5 acres to 10 acres and changing the minimum site area per dwelling unit from 2.S acres to 10 acres. The City proposes to rezone certain parcels in the Northwestern Hillsides to A (Agriculture) rather than NHR (Northwestern Hillsides Residential) . The parcels affected were previously zoned A (Agriculture) and are under '„illiamson Act contracts. Amendments will he per Article 13 of Ordinance NS -3 The public hearing was opened at 3:00 p.m. No one appeared to address • Commission. It was directed that this matter be continued to the meeting on October 27, 1982. 8. UP -S22 - Cashin /Dean Turner, Request for Use Permit Approval to allow the construction of a gas station in the C -N zoning district at the corner of Prosnect and Saratoga - Sunnyvale Road It was reported that there had Previously been a split vote on this item. • - - 2 - M C RESOLUTION NO. 549 C � RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING PROCEDURES FOR INITIATING, FILING AND PROCESSING REQUESTS TO ESTABLISH AGRICULTURAL PRESERVES ( IL I1231) ACT) WHEREAS California Land Conservation Act of 1965 (The Williamson Actj authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of those agricultural areas within which the city will be willing to enter into land conservation contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural economy of the state and to prevent the premature and unnecessary conversion of land from agricultural uses, and WHEREAS, the City Council of this City finds that it can assist the maintenance of the State's agricultural economy and avoid conversion of land from agricultural uses by establishing agricultural preserves and entering into agreements with land owners as authorized by said Act, and WHEREAS, said Act directs cities to state by resolution the procedures for initiating, filing and processing requests for the establishment of such agricultural preserves, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: The establishment of an agricultural preserve may be initiated either by motion of the City Council, or upon an appli- cation therefor by the land owner or land owners of the property within the proposed preserve, as hereinafter set forth. The following procedures are hereby established for the initiating, filing and processing of all requests to establish such preserves: 1. All requests for establishing an agricultural preserve initiated by other than motion of the City Council shall be upon written application signed by all of the owners of the lands in- cluded within the confines of the proposed preserve, and filed with the City Clerk on forms approved by the City Council, which shall include the following data: (a) Names and addresses of all owners; (b) A statement of the location, ownership, size, and area of all the property, and of all the present agricultural uses of the property together with any and all other uses conducted thereon; (c) Assessor's parcel numbers; (d) A request that the property be established as an agricultural preserve for the purpose of enabling the applicant to enter into a land conservation contract with the City; (e) In the event the property or some part thereof is in a zoning district other than A (agriculture), a request to initiate a change of zoning to A zoning district; -1- • • r' (f) Such other data or information as may be required by the approved form; In addition, each application shall be accompanied by the following documents: (a) Two (2) copies of a legal description of all properties; �b) Four (4) copies of assessor's maps; c) A completed income analysis sheet for delivery to the Santa Clara County Assessor; (d) Two (2) completed land conservation contracts in a form approved by the City Council, covering all or some substantial portion of the property within the proposed agricultural preserve, each properly executed and acknowledged by the property owner; (e) A filing fee in the sum of $ 25.00 together with an additional filing fee of $200.00 if the application also includes a request to rezone to "A' zoning district. 2. Upon receipt of the application, the City Clerk shall check the same for the adequacy and completeness of all documentation required thereon and documents to be included therewith, and upon • determining the same as properly executed and complete, he shall then: (a) Forthwith submit the application and accompanying data to the City's Planning Department, who shall report thereon to the City Council within thirty (30) days thereafter, and which report shall in- clude a statement as to whether or not the proposed preserve is consistant with the General Plan; (b) He shall set a public hearing on the application before the City Council, publishing notice of the same once in a newspaper of general circulation at least 10 days prior to the date of the hearing, and sending a copy of said notice, postage prepaid, to all applicants who have their addresses set forth on the application. 3. At -the time and place of the.'public hearing on the application, the City Council shall hear all persons interested therein, and thereafter may either terminate said proceedings, or may by resolution establish all or any portion of the lands included in the application as an agricultural preserve. Said public hearing may be continued from time to time, and in no event shall the City Council adopt a resolution establishing an agricultural preserve until it has either received a report on the application from the Planning Department, or until the expiration of thirty (30) days from the date said matter was submitted to said Planning Department in the event said department fails to report thereon. Each resolution establishing an agricultural preserve shall contain a finding of compatible uses within the preserve, and shall set forth such uniform rules for administering that preserve as may be deemed advisable and necessary by the City Council. 4. At any time at or after adopting a resolution estab- lishing an agricultural preserve, the City Council may authorize C"I - -2- \i the Mayor of said City to enter into a land conservation agreement with any owner or owners of land within said agri- cultural preserve, and said authorization may, but need not, be included as a part of the resolution establishing the preserve. 5. Anything to the contrary hereinabove not withstanding, the City.Council may abandon any proceedings for the establishment of an agricultural preserve at any time after the filing of an application therefor or initiation of the same on the Council's own motion, by minute or other resolution, which resolution shall set forth the reasons for such abandonment. 6. Attached hereto and marked, respectively, Exhibits "A" and'$", are forms for the application for creation of an agricultural preserve and for land conservation contract, which forms are hereby specifically referred to and approved as official forms of this City. 7. The City Clerk shall cause a duplicate original of each land conservation agreement to be recorded with the Santa Clara County Recorder within 20 days.after the completed execution of the same, and shall file a copy of the same with the Santa Clara County Assessor. Within 30 days after adoption of this Resolution, the City Clerk shall file a sample copy of the hereinabove approved form of contract with the State Director of Agriculture. The above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Saratoga at a regular meeting thereof, held on the 21st day of October , 1970, by the following vote: AYES Councilmen Robbins, Smith, Dwyer, Sanders, E'rH--t i NOES: None ABSENT: Mayor ATTEST: Citif Clerk -3- • Lam_ I F i PESOLUTION NO. CF-342 Zf:SOLUTIO:N RECM-1MENDIiNG PROPOSED APLENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA W_ r c WHEREAS, an application for amendment to the Zoning Ordinance has been initiated by the Planning Commission of the City of 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 27th day of October, 1982 City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and NZIEREAS, after careful consideration of the proposed amendment as it ;oould 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 Exhibit "C" 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 Commission, a copy of which report is attached hereto and marked 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 27th day of October,1982 by the following vote: AYES: Commissioners Bolger, lilava, Monia, Nellis, Schaefer and Siegfried NOES: None 1. ABSTAIN: None ABSENT: Commissioner Crowther Chairman of the Planning Commission ATTEST: Secretary to the'Planning Commission RESOLUTION NO. C -201 RESOLUTION RECONI,IENDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA WHEREAS, the Commission held a Public Hearinq 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 27th day of October, 1982 at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulation plan of the City of Saratoga, and after consideration 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 Exhibit "A" 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 said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked 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 27th day of October,1982, by the following roll call vote: AYES: Commissioners Bolger, Hlava, `lonia, Nellis, Schaefer and Siegfried NOES: None ABSTAIN:None ABSENT: Commissioner Crowther \TT; ?ST: Scci-ctaty Ch irman of the Planning Commission 0 • EXHIBIT "B" FINDINGS: GF -342 l C -201 1. The proposed ordinance amendments are required to ensure that existing Williamson Act contract lands are maintained in agricultural preserves as required by State Law. 2. The proposed zoning changes are required to achieve the objectives of the Zoning Ordinance as prescribed in Section 1.1 of Ordinance NS -3. 3. The amendments would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the areas affected by the amendment. 4. The amendments are consistent with the goals and policies of the General Plan and the Specific Plan for the area. 5. The amendments will not adversely affect the development of the City of Saratoga. 0 w AGEIZrN BILL NO. 3458 CI'I': OF Si RJ'd)= Initial: Dept. Hd. DATE: November 3 1982 C. A t D�ART:L1T- Community Development C. Mg . SUBJEC`r: RESOLUTION REQUESTING COUNTY TRANSIT DISTRICT REIMBURSEMENT FOR BUS DAMAGE Issue SL--=ary County Transit buses are causing unanticipated damage to City streets throughout the County. The Municipal Public Works Officers are suggesting that the District participate in the maintenance cost because of this. The participation would be related to the differential between the design load -: and the actual loading imposed by the transit vehicles. Recccrirendation Adopt Resolution No. requesting reimbursement from County Transit District for pro rata share of repair and maintenance. Fiscal Imoacts Revenue into Gas Tax Fund Etchibits /Atta& rr nts Resolution No. Ccuncil �.c tion 11/3: Mallory. /Fanelli waved to adopt resolution 2025. Passed 3 -2 (Clevenger, Callon opposed). t RESOLTUION NO. RESOLUTION OF THE CITY OF SARATOGA DISCUSSING THE DP24AGE DONE TO SARATOGA STREETS BY SANTA CLARA COUNTY TRANSIT BUSES AND REQUESTING SAID DISTRICT TO REIMBURSE ON A PRO RATA SHARE WITH CITY TO REPAIR AND MAINTAIN SAID DAMAGED STREETS WHEREAS Santa Clara County Transit does provide bus service to the citizens within its jurisdiction; and WHEREAS Santa Clara County Transit District uses the local streets of the City to provide said service; and WHEREAS County Transit buses do impose heavier loads and more repetitions than many of the local streets were designed to handle; this over use of the streets is causing substantial structure damage to these local streets. WHEREAS the City of Saratoga is having to expend funds each year to repair damage done to the travel way as a result of these heavy repetious loads and the total estimated expenditures County wide exceed $2,000,000; WIiEREAS the fourteen other local jurisdictions are also suffering similar substantial damage by County Transit buses to their streets; WHEREAS the fifteen local jurisdictions have prepared a joint evaluation of the cumulative damage to all local City streets and have jointly developed a pro rata cost sharing formula attached hereto as Exhibit A between the Cities and County Transit to share the cost of repairs of damage done by County Transit buses; WHEREAS the County Transit District.does receive 1/2 percent sales tax to operate and maintain a transit system which includes the streets upon which the buses operate; WHEREAS the City of Saratoga feels that the Santa Clara Transit District must share in the cost of maintaining and repairing of the extraordinary damage done to its streets by County Transit buses; NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga that the Santa Clara County Transit District adopt said attached cost sharing formula and annually appropriate districts share of the amount required to repair and maintain the City streets which are a part of the operating expense of the County Transit system. ADOPTED this day of 1982 by the following vote: AYES NOES: ABSENT: ATTEST: City Clerk . I —r MAYOR SY:lb 2/25/81 A POLICY ESTABLISHING THE SHARING OF COSTS FOR LOCAL STREET FAILURES DUE TO PUBLIC BUS ROUTES Local agencies in Santa Clara County are incurring pavement failures on streets used for public bus routes. Many of these streets were constructed utilizing design loads (Traffic Index) which did not anticipate concentrated repetitive heavy wheel loads usually associated with public transportation bus operation. Increasing ridership indicates that more buses will be incorporated in the transportation system. Local agencies are concerned with the high maintenance or reconstruction cost which is anticipated to occur as local streets become subjected to increasing bus traffic. The purpose of this policy is to assign the maintenance and reconstruction cost for streets used for bus routes. Cost responsibility is based on the Traffic Index by which the street was designed. The Traffic Index (T.I.) is a measure of the capability of the roadway structural pavement section to withstand repetitive heavy wheel loads. The higher the index, the greater the ability of the roadway to withstand the number of repetitions of heavy wheel load. EXISTING BUS STOP AREAS: Repair of pavement, curb and gutter, driveway and monolithic sidewalk damaged by bus operations shall be borne eighty percent (80 %) by the Santa Clara County Transit District (SCCTD) and twenty percent (20 %) by the Local Agency. Repair or complete reconstruction, if necessary, shall be consistent with the projected wheel loads imposed by the bus operation. Repair responsibility is based on the premise that the existing bus stop areas were designed as parking space for light vehicles and occasional delivery trucks, not for repetitive heavy wheel load of buses. care. t A NEW BUS STOP AREAS: Prior to establishing new bus stop areas, the SCCTD shall carefully study the existing pavement structural section and the base soil to evaluate the adequacy for the projected bus wheel loads. The study shall be coordinated with the Local Agency's Engineering Department. Results of the study shall be forwarded to the Local Agency's Engineering Department along with pertinent recommendations regarding upgrading or reconstruction, to accommodate the projected wheel loads. The SCCTD shall bear eighty percent (800%) of the proposed cost, and the Local Agency shall pay the remaining twenty percent (20 %). EXISTING TRAVEL LANES OF BUS ROUTES: Cost sharing for the repair of pavement damaged in streets of bus routes shall be determined in relation to the design T.I. of the existing street. Due consideration shall be given to the amount of pavement damage caused by various types of heavy vehicles other than public buses. However, because most Local Agency's streets are designed for a specific T.I. or projected wheel load, the subsequent addition of a public bus system on local streets has resulted in an increased T.I., thus shortening the useful life of the streets. Table 1 designates the relative financial responsibility of the SCCTD and the Local Agency toward the repair and /or reconstruction for the T.1.'s listed: TABLE Financial Responsibility Traffic Index SCCTD Local Agency i 8.5 -0- 100 % 7.6 - 8.5 12.5% 87.5% 6.6 - 7.5 30 % 70 % 5.6 - 6.5 52.5% 47.5% 5.5 80 % 20 % - 2 - PROPOSED BUS ROUTES: Prior to increasing bus traffic on existing routes or establishing new bus routes, the SCCTD shall conduct a study of the existing pavement structural section and the base soil to determine the adequacy of the roadway for the anticipated bus traffic wheel loads. Upgrading or reconstruction, if necessary, shall be performed prior to the use of the street for buses. The SCCTD share of upgrading or reconstruction shall be determined in accordance with Table I. BUS ROUTES ON PROPOSED STREETS: On new streets planned for construction which the SCCTD proposes to use as a bus route, the SCCTD shall provide the Local Agency the T.I. necessary to accommodate the anticipated 20 year wheel loads. The Local Agency shall determine the increased structural pavement sections, if any, necessary to accommodate the T.I. provided by the SCCTD and the T.I. planned by the Local Agency without bus traffic. The differential construction cost for the additional structural section necessary to accommodate the bus traffic shall be borne by the SCCTD. Improvement features to specifically accommodate the bus system, when requested by the SCCTD, shall be borne solely by the SCCTD. Such specific bus improvement features may include, but not be limited to, turn -outs, passenger shelters, and special passenger loading areas. - 3 - E;E =� F�S'•a ri =� €i Qq a �6j� i1 c � <E�ft33ii�c�i� eq�;°sx:EYU�, -c. REPORT TO MAYOR AND CI'T'Y COUNCIL DATE: 10 -29 -82 COUNCIL MEETING: 11-03-82 SUBJECT: Bus Damage to Local Streets ---------------------------------------------------------------------------- In 1980 the Public Works Officials of the several cities in Santa Clara County became concerned about the adverse effects the County Transit buses were having on local streets. It was apparent that the streets on which the buses were routed were showing much more distress than adjacent similar streets without such loading. This was especially true at bus stops. A committee was appointed to review this matter and to suggest a course of action. As a result of their study they recommended that the County Transit District participate in the maintenance costs and in the costs to construct new streets which will have bus routes on them. They have suggested that Traffic Index (T.I.) be the parameter for determining pro rata cost sharing. Traffic Index is a measure of the capability of the roadway structural pavement section to withstand repetitive heavy wheel.loads. The higher the index, the greater the ability of the roadway to with- stand the repetitive heavy loads. While there are other methods of pro rating cost, the Public Works Officials agreed with the committee that Traffic Index was appropriate. Each City Engineer has returned to his city to obtain direction from the City Council relative to this matter. The damage in Saratoga is not great so far; however, it could accelerate at any time. I recommend that you adopt the proposed resolution calling for Transit District sharing in these costs. RSS:cd i Robe: t.S. Shook Director of Community Development CITY OF SARATOGA i 2 AGENDA BILL NO. Q DATE: November 3, 1982 DEPARTMENT: City Manager Initial: Dept. Hd. C. Atty C. Mgr. Amendment to Agreement Ad.justina Percentaae Distribution of SUBJECT =Court Ordered Accounts Receivable under Penal Code Section 1463 Issue SuTmary A portion of the City's revenues come from general Court fines and reimbursement of bail. While not a significant source of revenue, Gourt fines nonetheless help to.offset the cost of law enforcement. In assessing large fines, Courts often allow scheduled payments over time. However, due to work overloads, the Courts are unable to monitor payments and do not enforce collections. To remedy this problem, the County proposes to transfer collection responsibility from the Courts to the Department of Revenue. Since the basic responsibility belongs to the Courts, the County is not obligated to provide the service to eacYr jurisdictior However, the County is offering the service "at cost" to each City plus a 200 split in revenues. The County claims that there would remain a net increase of $300,000 per year to all the cities under this distribution. By prior agreement, Saratoaa currently shares 11p o of Court fines with the County_. The attached ammendment would modify tha aareement.. Recommendation Approve the amendment (attached) and authorize the Mayor to sign on behalf of the City. Fiscal I=acts Some increase in revenues anticipated due to more energetic collection efforts on Court accounts receivable. Exhibits /Attachments 1. Memo from Assistant County Executive 5/28/82 2. Amendment to Aareement under Penal Code 1463 Council Action 11/3: Clevenger/1"9oyles moved to approve agreement and authorize Mayor to sign. Passed 5 -0. N County of Santa Clara California May 28, 1982 TO: CITY MANAGERS FROM: Phil BatcheloT, Assistant County Executive �• Office of the County Executive CCounty Government Center, East Wing 70 West Hedding Street San Jose, California 95110 299 -2424 Area Code 408 SUBJECT: Accounts Receivable Collections in Municipal Court At the City Managers' Meeting on Thursday, May 20, 1982, the subject of accounts receivable in Municipal Court was discussed. It was the overwhelming feeling of those present that it would be cost beneficial to both the cities and the County to transfer collection responsibility for accounts receivable from the Court to the Department of Revenue. During the meeting it was pointed out that there was currently over 33,000 out- standing accounts, valued at 6.9 million dollars. This backlog continues to grow as over 15,000 new accounts are added annually. Due to the fact that no automated collection system is used by the court, there is little likelihood that this unfavorable situation will do anything but deter- iorate. The severe fiscal problems that have faced the County in past years necessitated diverting staff that previously worked on collection follow -up, to other areas considered to be of higher priority by the courts. This has resulted in no formal billings being sent out and no follow -up work being done on any delinquent accounts. The massive cuts facing the County for 1982 -83, will reduce staff even more in these collection areas which, in turn, will result in even greater reductions in revenues for both the cities and the County. In order to see what could be done to remedy the situation, the Revenue and Systems Agency was asked to study the accounts receivable function in Muni Court. Attached is a brief summary of their findings. The study concluded that there would be an increase in revenues for both the cities and the County if the function were transferred from the Court to the Department of Revenue (DOR), where professional collection personnel would be available. To provide the necessary resources for such a function we recommend that program costs be deducted from the amount collected and the remaining revenue be distri- buted, 80% to the City and 20% to the County. If this program is implemented by the DOR, it is estimated that an additional $600,000 will be available for distribution to the cities, over and above the reduced service level forecast for 1982 -83. It should be pointed out that this would be an increase of $300,000 over the current level of revenue being realized by the cities. If your city desires to participate in this intensified collection program by agreeing to an 80/20 split after costs have been deducted from total receipts, please have the attached amendment signed by your City Council and returned by June 21, to: Revenue and Systems Agency, c/o Emma Rock, 70 West Hedding Street, 11th Floor, San Jose, CA 95110. If there are questions regarding this process, please contact the Director of the Department of Revenue, Rich Atkinson, at 299 -3422. cc: Sally Reed, County Executive An Equal Opportunity Employer -i FIRST AMENDMENT TO AGREEMENT ADJUSTING PERCENTAGE DISTRIBUTION OF COURT ORDERED ACCOUNTS RECEIVABLE UNDER PENAL CODE SECTION 1463 THIS AGREEMENT IS MADE AND ENTERED INTO this day of , 1982, by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California, hereinafter referred to as "County ", and the CITY OF a municipal corporation of the State of California, hereinafter referred to as "City ". ' WHEREAS, the parties have entered into an Agreement, dated , providing for a percentage distribution of fines and forfeitures pursuant to Penal Code Section 1463, and providing for the recovery of the County's costs in collecting delinquent parking citations; and the parties wish to provide by mutual agreement for the distribution of fines and forfeitures processed and collected by the County through court ordered accounts rerei.vable, NOW, THEREFORE, the parties hereto agree as follows: 1. Pursuant to subparagraph (c) of Paragraph (1) of Section 1463 of the Penal Code of the State of California, County and City agree that the County percentage of fines and forfeitures as set forth in said subparagraph (c) of Paragraph (1) of Section 1463 shall be allocated as to court ordered accounts receivable according to the terms and conditions hereinafter set forth. 2. The total cost of collection by the County of all court ordered accounts receivable which are assigned to County for collection shall be deducted from the amount collected before distribution is made in accordance with the distribution formula set forth in Paragraph (3). The cost of collection shall include, but not be limited to, salaries and benefits for County employees, transportation, postage, forms, supplies, computer processing cost, and equipment. 3. The monies remaining after the total cost of collection of such accounts by the County is deducted shall be distributed twenty percent (20 %) to the County, and eighty percent (80 %) to the City. 4. This agreement modifies Section 1463 as to the dist.ributicn of fines and forfeitures collected from court ordered accounts receivable only. Other fines and forfeitures collected, including but not limited to moving citations, shall be distributed as provided by Section 1463 as then in effect. 5. This agreement may be cancelled by either party upon thirty (30) days written notice. 6. All other terms and conditions of the original Agreement shall remain in full force and effect. 7. This agreement will become effective immediately upon execution by both parties. IN WITNESS WiEREOF, the parties hereto have executed this agreement as of COUNTY OF SANTA CLARA ATTEST: DONALD M. RAINS, Clerk Board of Supervisors Susanne Wilson Chairperson, Board of Supervisors APPROVED AS TO FORM: CITY OF 4ep,,t-y County Counsel ATTEST: By City Clerk APPROVED AS TO FORM: .:Yp Deputy City Attorney AGf1'WA BILL NO. .3152 CITY OP SL�I;zjluoaN Initial:, Dept. fid. Cam' DATE: November 3, 1982 C. Atty. DEPr'1FZ=r: Community Development C. Mgr. SUBJECT: Amendment to Chapter 2, Article I of City Code re: Split Votes Issue SL=ary The existing City Code regarding split votes of the Planning Commission or City Council requires that it be considered at the next meeting where the full body is present. This has resulted in some long delays while waiting for a meeting where the full body is present. The proposed ordinance would allow a quorum to decide the matter at the next regular meeting. If at that meeting.a second tie vote develops the matter shall be deemed denied. Recomnendation The Planning Commission recommends enacting the ordinance pertaining to status of rejected motions and evenly split votes. Fiscal Imoa.cts None EY.hibits /Attachments 1. Proposed Ordinance 2. Existing Code Council Action 11/3: Mallory /Clevenger moved to read by title only, waiving further reading. Passed 5 -0. 11/17: Fanelli /Mallory moved to read Ord. 38.108 by title only, waiving further reading, and adopt. Passed 5 70. J ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 2, ARTICLE I, SECTION 2 -1.1 OF THE SARATOGA CITY CODE, PERTAINING TO STATUS OF REJECTED MOTIONS AND EVENLY SPLIT VOTES The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Chapter 2, Article I, Section 2 -1.1 of the Saratoga City Code is hereby amended in its entirety to read as follows: "Section 2 -1.1. Status of Rejected Motions and Evenly Split Votes By Planning Commission and City Council. The failure of passage of any motion before either the Planning Commission or the City Council, which motion relates to any action or proceeding from which any appeal may be taken or any judicial review had thereof, shall be deemed to be a denial of the motion for all purposes of commencement of the running of any applicable statute of limitations, subject to the following: (a) A motion failing by reason of an evenly split vote by the Planning Commission shall be agendized and voted upon at the next regular meeting of the Planning Commission at which a quorum is present, unless, within ten (10) calendar days after the date on which the split vote is taken, the applicant files an appeal to the City Council, in which event, the split vote shall be deemed a final denial by the Planning Commission of the requested action. If no appeal to the City Council is filed and the motion fails for any reason (including an evenly split vote) at the subsequent meeting of the Planning Commission, then the same shall at that time be deemed a final denial by the Planning Commission of the requested action. (b) A motion failing by reason of an evenly split vote by the City Council shall be agendized and voted upon at the next regular meeting of the City Council at which a quorum is present. If the motion fails for any reason (including an evenly split vote) at the subsequent meeting of the City Council, then the same shall at that time be deemed a final denial by the City Council of the requested action. Section 2: This Ordinance shall be in full force and effect thirty (30) days after the date of its passage. The foregoing Ordinance was regularly introduced and after the waiting time required by law was thereafter passed and 1. J 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 2. MAYOR c. 2 -1.1 Administration § 2 -1.1 =umber w itkiin normal hearing di�,tdce of the other, at fre time and place tab - � •,d 1);,,.6rdinance or resolution: for regular meetings ,or at such other t me and ;;ace ss authorized by law foyl`special meetings, for,,;tne purpose of ajeting in their capacity as the legislative body of the ci 7n the case of t4e'city council; �c�i in their official capacity as the planning cgrission in t'ne ,ease of the plan- -:.,; commission. U:}hss otherwise authorized by law to be;h`eId ir. private, alb/' each meetings shallrlie open to the public No other gather ng.of the person �w^Kio constitute the city"` council or planning6mmission or airy "portion thereof shall be considered a mteting. �" any � hon or decision re #fired by law to be 'taken or made at a meeting shall N- inv� fd and of no force apd effect if the sazrie is not taken or ztfade at a meeting as d :fined in this section=`' •`` .f" , This section shw;fl not prevent less than a quorum, atfi� erwise gathered the lime and place a4dfor the purpose,,of conducting a meting, from adjour ng from ::.^:e to time irpr4ccord with law,uhtil a quorum is pr_e�sent. r` If at ny time the legi �ture of the state o he final decision Of an appel�e courtthe state should efine a meeting of city council or a planni" corn - ^i $on other than as et forth in this.sectiVn, such legislative or finali4dicial linition shall thereafter supersede the de 'nition in this sec '-- gam- ----- Sec. 2 -1.1. Status of rejected motions for affirmative action by city council or planning commission The failure of passage of any motion by either the city planning commission or i:e city council, which motion is made to grant any variance, use or, other permit, approval of design eview, a l gn approval of subdivision map or site approva. or made to grant any affirmative relief from which any appeal may be taken or any judicial ?view had thereof, shall be deemed to be a denial thereof for all purposes of the co;rmencement of the running of any applicable statute of limitations, subject to t} e following: (a) A rejected motion shall not be considered a denial if, on motion to recon- sider thereafter made at the same meeting, the motion passes, and (b) A motion failing by reason of an evenly split vote shall be subject to re- consideration at the next regular meeting of the body at which the motion was originally made and at which all members of such body are present, and if at such subsequent regular meeting, no such motion for reconsideration is made or If made such motion fails for any reason (including an evenly split vote), then the same shall at that time be deemed to be a denial of the requested affirmative action. (Ord. No. 38.6, § 1.) C111"Z or sA u;=�-' �� AGEIDA BILL NO. Initial: Dept. Hd. DATE: November 3, 1982 DEPAIrn,L�T: Community Development C. Atty. C. Mgr: SUBJECT: ABATEMENT OF PUBLIC NUISANCE AT 21072 COMER DRIVE, HONG Issue SuTmary In the fall of 1981, the City became aware that the above property had been graded, and retaining walls built without permits. Some of their improvements are within an Open Space Easement. Furthermore, the swimming pool fencing had been removed. Several contacts with the owner have not resulted in any action to abate. Should the owner continue to refuse to abate this' nuisance the City would, after appropriate legal action, hire a contractor to remove the retaining walls and filled material, plant for erosion control and fence the swimming pool. ReccmTnandation 1. Hold Public Hearing 2. Declare a Public Nuisance 3. Direct City Attorney to take appropriate legal action if not'aYated within 30 days. Fiscal Imoacts All.costs are recoverable from property owner Exhibits /Attachments 1. Memo dated October 21, 1982 2. Notice of Abatement Hearing 3. Sketch of property Ccuncil Action 11/3: Mallory /Clevenger moved to declare public nuisance as to each of three code violations in staff report and to give Hong until December 15 to take appropriate action to abate the nuisance or apply for encroachment permit. Passed 5 -0. �IE?�IOR�NDt1'�I uguw @2 0&M&'9QX5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Director of Colmmunity Development FROM: Senior Inspector SUBJECT: 21072 Comer Drive, Hong, Code Violations DATE: 10/21/82 In the Fall of 1981 the City received a citizen complaint about grading and retaining wall construction at 21072 Comer Drive. An investigation was made and a STOP WORK ORDER was issued on October 26, 1981. At that time approxiately 75 feet of redwood retaining wall has been constructed, and backfilled with material removed from a slope on the property. The wall.bas a maximum height of approximately 5 feet and requires a building permit as well as a design by a registered engineer. The wall appears under designed and is showing some distress. Several hundred cubic yards of material were removed from the slope above the house and placed behind the retaining wall, thereby, creating a flat pad in the vicinity of the existing swimming pool. This grading requires a regular grading permit. During this operation, the swimming pool fencing was removed. The following violations exist: 1. Section 302 of the Uniform Building Code. Retaining wall constructed without permits. 2. Section-3.40.2 code of the City of Saratoga (Grading Ordinance). Grading of more than 50 cubic yards of earth without a permit. 3. Tract 5693 Scenic Easement. Construction of a structure within a Scenic Easement. 4. Section 3.50, Code of the City of Saratoga (swi_tr=g pool fencing). Failure to provide fencing around a swimming pool. Since the issuance of the STOP WORK ORDER, three letters have been sent requesting and finally demanding that the owners take care of these violations. To date no action has been taken by the Hangs. Should the City Council declare this a public nuisance and should the owner still not abate this nuisance, the City could then physically abate the nuisance. The cost of this abatement would then becom a lien on the property. Lich 0991W 1:3777 F'RUITVALE AVENUE • SAR.ATOG:\'. CALIFORNIA 95070 (408) 867-:3-1138 OFFICE: Cmm mitt' Development October 21, 1982 Phil and Jeannie Hong 21072 Comer Saratoga, CA. 95070 Dear Mr. Hong: COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Fanelli John Mallory David Moyles Pursuant to Section 1 -7.1 through 1 -7.4 -1 of the Code of the City of Saratoga, California, you are hereby notified that a.hearing will be held on November 3, 1982 at 8:00 p.m. to consider the abatement of the following public nuisance located at 21072 Comer Drive, Saratoga, California. A.P.N. 503 - 017 -062. 1. Grading in excess of 50 cubic yards of earth without a grading permit, a violation of Section 3 -40 of the Code of Saratoga. 2. Construction of one or more retaining walls without a building permit, a violation of Section 3.8 of the Code of Saratoga. 3. Failure to provide fencing around a swimming pool, a violation of Section 3.50 of the Code of Saratoga. The City Council will consider at this hearing whether or not a public nuisance exists and may direct any such public nuisance to be abated, all costs of such abatement will become a lien attached to the property on which such nuisance is maintained and other persons or property pursuant of Section 1 -7.1 of the Code of Saratoga. Sincerely, Richard H. Harison Senior Inspector RHH /bc cc: City Manager City Attorney Mr. & Mrs. Porcelli Mr. & Mrs. Norling 2107 C Opt E R_ L C11I11 OF si lz d1cG*� AGENW BILL NO. DATE: NnvPmhpr 3, 1982 D At'YI':L�iVr: Community ty Deve1 opment SUB'M -cr: MODIFICATION OF THE NORTHWESTERLY CORNER OF Issue SL^rmary Initial: Dept. fki. C. Att, C. M ITO RD. & MARSHALL LN. We have received two (2) proposals for the above work, which will enable school buses going to Marshall Lane School to negotiate the turn safely within the proper traffic lanes. The proposals are as. follows: Cushman Construction Co.: $3,172.00 Mc Carthy & Spiesman: $3,700.00 Recommendation Award to Cushman Construction Company the contract for the modification of the northwesterly corner of Quito Road and Marshall Lane, based on their proposal of #3,172.00. Appropriate this amount from Gas Tax Fund. Upon approval of this informal proposal the property owner at that location will be contacted, advising him to remove, relocate, and salvage any and all landscaping, fencing and sprinklers from the area of the construction. Fiscal Imoacts The cost of this modification is to come from the Gas Tax budget. Etchibits /AttachTcnis 1. Plan- showing proposed work 2. Proposal Council Potion 11/3: Fanelli /Clevenger moved to approve Resolution 1099.1 increasing appropriations and amending budget to make repairs to intersection and to award the contract to Cushman Construction Company in the amount of $3,172.00. Passed 5 -0. 394 IdA of val-les INV enZ IV r V%W Al 50 394 IdA of val-les INV enZ IV r V%W Al Page No. of Pages Arr>eptanre of f roposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Inc.. Groton, Mass FORM 118 -3 COPYRIGHT 1980 - Available from , 01 a50 CUSHMAN CONSTRUCTION COMPANY OAT 2,"--.'; 1982 Contractor License #257750 2200 Blossom Crest Way San Jose, California 95124 CUOiMPAU R DEVELOPMENT (408) 356 -3443 PROPOSAL SUBMITTED TO PHONE CITY OF SARATOGA T6ATE 867 -3438 October 21 1982 STREET JOB NAME 13777 Fruitvale Avenue Job # 1246 CITY, STATE AND ZIP CODE JOB LOCATION Saratoga, Ca. 95070 Corner of Quito Road and Marshall Lane ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: To dig out and_pave.back with six. inches. asphalt.,. approximately 650 sq...ft. . ..... ... ...._ ..............._ . .......... _ _._.. ..FOR _THE _ SUM OF:... $3,172..00 ........:.... _.........._..... ._ ... ... _... - . ............. .... If.City..can provide close location to.dispose.of excavated.,aaterials,,.a credit of $165-00 .... will be given._ ............ ...... _._ ... .. ......... .............. Bid good for thirty days, then subject to increase based on any material cost increases. Bid.price...does.not include. any permits,,,bonds,,,fees or engineering., If, bid.is..accepted, please .sign and, return.. the....carbon_ copy... ...... ............ .. ...._ . . ......... ......... _ ................................................................................................................. ............................... _ ........... ............................... _ ........ ...... ..................... ....._ .. .................. ..................... .._........................... . .. ...... . ........ .._...._... .......... ................. .... I ..... ...... ... ... .................. . ... .... _.._.._..................._.............. ... ................... ........... _......_..._........_........ ... .... ................ ..._......_.... .......... ... _ .................... ._. ... ........ ......_................... . . ......... ............ ........._.............._ ............ ..... . .... .... ..................... . ........ ... .................. _.__........,............._.......... .................. ..._..__..._............... ................ ... ..... ........ ....... .. _..................... .......... ................ ........... ..._.......................... . .. ................. .......... ..._.. ,......... _..........__.... _ _...........:.................. . ....... .._ ...._.......................... . ....... .........._..._ . .... .... ......._................ ........._. .......... .......... _....................................... ............................ WP FPopou hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: SEE ABOVE dollars ($ ). Payment to be made as follows: IN FULL UPON COMPLETION OF WORK. All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized manner according to standard practices. Any alteration or deviation from above specifica- be become Signature tions involving extra costs will executed only upon written orders, and will an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. Arr>eptanre of f roposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Inc.. Groton, Mass FORM 118 -3 COPYRIGHT 1980 - Available from , 01 a50 C1,rZ or S1'%RA1'rc'% A=-DA BILL NO. Initial: Dept. Fki. DA'L'E: November 3, 1982 C. At DERAnr:T2'7T: Community p Develo ment C. Mgr. / ------- — ----- - - - - -- ------- --------------------------- - - - - -- -- - - - - -- SUB.7ECr: RECONSTRUCTION AND OVERLAY OF ALLENDALE AVENUE AND COX AVENUE Issue SL°imary On July 7, 1982, the City Council awarded to Piazza Construction Company the contract for the Reconstruction and Overlay of Allendale Avenue and Cox Avenue for the bid amount of $185,867.65. During the course of construction there were a few soft areas.encountered on Allendale which were taken care with extra excavation .and ng.with.A.C. which resulted in'an :overrun of approximately $13,000. Also a major unstable -area was encountered on Allendale Avenue at Harieigh Drive -= necessitating Change Order No. 1 (not to exceed $14,000). Recd e datien Approve the final acceptance and file the Notice of Completion.on the above project. Fiscal Imcacts The final cost of the project came to $211,720.04 including the additional excavation and plugging as well as the Change Order No. 1 (which came to $ 11,941.83) The cost of this project comes from the Capital Improvement Budget. Etchibits /Attach ry- -nis 1. Final Progress Payment 2. Notice of Completion Council Action 11/3: Mallory /Clevenger moved to approve Notice of Completion-and order filing. Passed 5 -0. REC0,VS77RUC7-101V jF ' O1i5RLAV OF PROGRESS PAY ESTIMATE Q6.250.co 2,205.96 Sheet 1 of 1 PROJECT:.QLLENOALE AvE 1� COX A,--E. 104479-93 108.5 so ar sand 7yOP i�Z/.-z- 31ur{aBc- e 4sa Course Ocf 20,19,9Z NO. 2 - Fii�a/ CITY OF SARATOGA CONTRACTOR: P /AZZ4 CONSTRUCT /O/V C PATE: EST. /,920.ZZ 13777 FRUITVALE AVE. ADDRESS: P. O. Box 23550 Coubl /-.YP /OW TiaffiC =� St.•.�111 FROM: Seef 198Z TO: OCf. 7,1:98Z- SARATOGA, CALIF. 95070 48Z.ZS Sar! Jose, C4 /i orni4 95153 3,Z1S WRK.DONE WRK. TOTAL UNIT TOTAL %WORK O. /Z ZZ0.20 O /,835 UNIT 0.. /Z ITEM BID ITE QUANTITY PRICE I J TOTAL PREVIOUS THIS EST. WRK.DONE PRICE DUE DONE REMARKS 00 /X, 0 l 840 J ZO /68.00 0 840 840 0.20 168.00 E'cadwoy Excauaf ���� I. q��p Rcn>oua/ 2,600 /-+_._fA9 37,:;' -16.00 26'00 /28.05 2728.0 /4{.40 39283.92 /04.i .10 Safi, areas encountereq' Paih71 & osswa11X-s S 60.00 300.00 a 5 5 60.00 r' iorA7o 1. 77y,­ a- '_? 2 a"re- La.Urse 91500 27.50 Q6.250.co 2,205.96 /593.31 3799.27 27.50 104479-93 108.5 so ar sand 7yOP i�Z/.-z- 31ur{aBc- e 4sa Course /,800 27.50 - - - -- 49SfO.00 O 11920.22 /,920.ZZ 27.50 52806.05 /067 a e sou s e to / 6 Coubl /-.YP /OW TiaffiC =� St.•.�111 3,2/5 0. /S 48Z.ZS 0 3,Z15 3,Z1S a/5.. 482.25 /�0 A/!,. ;-le 51, "a' L.�e /,835 O. /Z ZZ0.20 O /,835 1,835 0.. /Z 220.20 /L 0 G Stri'Jir, 460 0• zo 80.00 O ¢00- _. _ 4Gb O. ZO 00 /X, 0 7 00" 840 J ZO /68.00 0 840 840 0.20 168.00 /!,b O Paih71 & osswa11X-s S 60.00 300.00 a 5 5 60.00 364 /00,0- Lum Sun, 465, OU O 1007 /0O% Zane S4,n Q65. /00.0 OjuCrJ�erl /� %ref /i�qS 350 Z. 75 962.50 0 543 543 2.75 /,493,25 revrour/ an - /.sS l PinOrked % rres 00 �o f- p S ah f 94/. are u n s4a, b le -5, u b o -b 8.3 5„ A1/endo% d ve FChange Order #/ B4Se p M h feria�s c /4 o 00� 00 O 7iir,� On o ~ -- - - -- 2I/ 720.43 / �� 97 ___ RECORD PAYMENTS /99 567 9S -�•� - TOTAL DUE OF PREVIOUS 21,172-04 `{5 - Ab. 1 91118Z LESS 10ro RETENTION �9�548.39 45Z_ 2 � 9¢3 L TOTAL PAYMENT 7 Z Made By: E Dorsey LE'SS PREVIOUS PAYMENTS 8293.51 n_ Checked By rAYMZNT DUE THIS EST. 102,254.88 TOTAL: � 8Q 293.5/ p rov��gd b�: %1 RECORDING REQUESTED BY City of Saratoga AND WHEN RECORDED MAIL TO Nana F_ City of Saratoga 13777 Fruitvale Avenue ndY_ Saratoga, CA. 95070 c„ a c;'y L — SPACE ABOVE THIS LINE FOR RECORDER'S USE 11�itP of Tomp1Ption j I� DfirP is herebygiven that ......I ............... . the undersigned, . J Wayne Dernetz ........... ............................... .................................................................................................. ............................... ............................. (the agent oft* the owner....... of th............. certain lot............ piece..............., or I� parcel ............. of land situated in the ... City.Of • Saratoga............ ............................... County of .............................................. ............................... State of California, and described as follows, to -wit: RECONSTRUCTION AND OVERLAY I;I Ili OF III ALLENDALE AVENUE AND COX AVENUE I I I, LI I i'I h �I i' That ....................................................... ............................... I . , as owner...... o said land, did, on the ................................................ ............................... f III day of ..... Au cat} st ...... ............................... 19 ...a.2.......... , enter into a contract with ......................... Piaz? a.. C. P.?}. S. tLIG. t] 0. 1 .................................................................... ............................... for Re C.P.I?.St �.LlG.t7 P.A... 4nd..Q.V.Qx.lay... .............................. .......... QR;7 .. AV.. e)a 1AQ ................................................................................................ ............................... ................................................................................................................................ ............................... upon the land above described, which contract was filed in the office of the county recorder of the ......... ............................... county of .................................. ............................... , Slate of California, on II 'I the................ ............................... day of ................. ............................... , 19 ............; That on the .................... sevejitll............. day of ........ O. ctcbex......................... 19 ...82.... l the said contract or work of improvement, as a whole, was actually completed by the said ................... Piazza Construction . Company . ... ••,.... .,,..,.•.•,•.••.,.,,.•,.••••• .................. ............................... That the name ...... and address...... of all the owner...... of said property are as follows: City of Saratoga j 13777 Fruitvale Avenue Saratoga, CA. 95070 I i l and the nature of ........ ............................... title to said properly is ........................ ............................... ................................................................................................................................. .................I............. II ................................................. ............................... ............................................ ............................... City of „Saratoga.,...., Owner............ I� .Sl'ATF, OF CALIFORNIA ss. By ............... ............................... /;,,,,,uts a, ..... J. Wayne Dernetz Agent ............ ............................... ......................: ri....................................................... ............................... being duly sworn............ t7A... L11Y. i1q...?... 4' t .................. ............................... ..........................sans: li I um .d9 .e.nt/the agent ofl the owner...... of the property described in the foregoing, notice. I have If, read the f0reoingr notice and know the contents thereof, and the ,same is true of aiy ()wrl knowledge. Subscribed and .shorn to before in(! this .......................... (lay of...................... 19....... I ................................................. ............................... 1 ................................................ ............................... Delete words in brackets if owner signs. t —, CITY OF SARATOGA AGL:\,'DA BILL NO. 2) Initial: Dept. xd. DATE: November 3, 1982 C. Atty. DEPAi:I',=. Community Development C. Mgr. SUBJECT= FINAL BUILDING SITE APPROVAL SDR 1525, HOLIDAY DRIVE Issue SLm ary 1. This is an addition to existing house 2. All requirements for City Departments and other Agencies have_ been met. Reccnmendaticn r Adopt resolution 1525 -02 attached Fiscal Imoacts None E:111bit s /Attach7ments 1. Copy of Tentative Map Approval 2. Resolution No. 1525 -02 3. Location Map 4. Status report for Building Site Approval 5. Report to Planning Commission Council Action 11/3: Approved on Consent Calendar 5 -0. RESOLUTION NO. 1525 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Donald L. Harris The City Council of the City of Saratoga hereby resolves as follows: The 8,025 square feet Parcel shown as lot 11 of Block 7 of tract 22 recorded in book 40 of Maps, Page 55 and 56 in the Santa Clara County Recorder's Office and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the 3rd day of November by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 19 82 , amikLm n 1 �J ,1 l G I e u z JAG AQ C/F /C 9,4 9c o` A L Avl ►Af[O Ti•ww�. rAf [O ►V[iL0 I( O r O •[o LA00 /E d AV [, I r � � r • = t i r Mc co AyE J t J0 � r o • • of e AVC. Y Y • [ < r Av. O • M[TL[w cr • i J I DEC � C AVE LOCATION MAP SCR 15 2 5 W A [ [s ^•oA MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval- All conditions for Building Site Approval SDR- 1525, Donald L. Harris (have) (lax=) been met as approved by the Planning Commission on Oct. 13, 1982 Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication N.A Record of Survey or Parcel Map Existing Storm Drainage Fee N/A Date Submitted All Required Improvement Bonds N/A Date All Required Inspection Fees N/A Date Building Site Approval Agreement N7A Date Park and Recreation Fee N/A Date Date Submitted N.A Date Submitted - - - -- N/A Receipt # Submitted N/A Receipt# N/A Submitted A Receipt# N/A Signed Submitted N/A Receipt# N/A It is, therefore, the Community Development Department recommendation that (A�&gAAMWA) (Final) Building Site Approval for Donald L. Harris SDR- 1525 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance Ro ert S. S oo Director of Community Development C C C.,� REPORT TO PLANNING COMMISSION DATE: 10/7/82 Commission Meeting: 10/13/82 SDR -1525, Donald L.. Harris, 13475 Holiday Drive SUBJECT Tentative Building Site-Approval - 1 Lot (Over 50% Expansion). ---------------------------------------------------------------------------- REQUEST: Grant of Approval for Tentative Building-Site Approval for an over 50% expansion within a 5 year time period. �. PARCEL SIZE: 8,025,sq. ft. ZONING: R -1- 10,000 SITE DATA: SURROUNDING LAND USES: Residential GENERAL PLAN DESIGNATION: Medium Density Residential SITE SLOPE: 1.9% NATURAL FEATURES & VEGETATION: 15" Elm & 25" Redwood to be retained PROJECT CONSIDERATIONS: HISTORY: Within the last five years, the applicant has added 725 sq. ft. onto an existing 1,451 sq. ft. house. He now proposes to add a 300 sq. ft. carport which causes the square footage of the additions to exceed 50% of the original square footage. SETBACKS: Front: 25' Sides: 7'6" and 9'11" (Site has a nonconforming width of 75'). Rear: 25'8" HEIGHT: Single -story SIZE OF STRUCTURE: 300 sq. ft. garage; 2,176 sq. ft. existing. FLOOR AREA: 2,900 sq. ft. allowed with 2,476 sq. ft. proposed Report to Planning Co ssion SDR -1525, Donald L. Harris IMPERVIOUS COVERAGE: Less than 60% allowed COLORS & MATERIALS: To match existing 10/7/82 Page 2 DRIVEWAY & CIRCULATION: Existing driveway to be used with this proposal PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Categorical Exemption was prepared relative to the environmental impact of this project. Said determination date: September 13, 1982. The Staff Report recommends approval of the tentative map for SDR -1525 (Exhibit "B" filed 8/3/82) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. III. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. Approved: Kathy Kerdu Planner KK /dsc P.C. Agenda 10/13/82 c w AGu11DA BILL NO. 35 CI'I "Z OF S1,1;Ydr -GN Initial: Dept. F1d. DATE: _November 3, 1982 C. Att, DEPAFiT.'T: Community Development C. Mgr. ------- — ----- — --- — ------ --f -- — ----- — SUBJECT: RESOLUTION NO. MV REMOVING STOP SIGN ON GLEN-BRAE DR. AT VIA REAL DR. -------------------------------- - - - - -- ---------------------------- - - - - -- Issue SL-- mary With Congress Springs School closing and its students transferring to Argonaut School, the Saratoga School District requested the City to install school crosswalks across Cumberland Drive at Charters Avenue along with making the intersection a 4 -way stop (M.V. 155 - Oct. 2,0, 1982). With Congress Springs School closed, the school crosswalks serving it were eliminated. With the school closed and no longer a need it was 'determined that the stop signs on Glen Brae Drive at Via Real Drive were no longer needed. Recc=endation Adopt Resolution No. MV - Resolution Removing the stop signs on Glen Brae Drive at Via Real Drive. Fiscal Imcacts t City Maintenance Services Crew's time to remove signs and markings. Exhibits /Attachr r_nis 1. Location Map 2. Resolution No. MV- Ccuncil Action 11/3: Approved Resolution MV-156 on Consent Calendar. SC,4L Eo Existing Sfo,o Sign To Be Re~ved RESOLUTION NO. MV - RESOLUTION REMOVING STOP SIGNS ON GLEN BRAE DRIVE AT ITS INTERSECTION WITH VIA REAL DRIVE The City Council of the City of Saratoga hereby resolves as follows: SECTION I: The following portion of Section I of Resolution No. MV -100 (adopted September 17, 1975) is hereby rescinded and no longer in effect: Name of Street Glen Brae Drive Description All vehicles traveling on Glen Brae Drive both northbound and southbound shall stop before entering or crossing the intersection thereof with Via Real Drive. The remainder of said Resolution No. MV -100 not in conflict with this resolution shall remain in full force and effect. This section shall become effective at such time as the proper signs and pavement markers are removed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on day of , 1982, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR CITY OF SARATOGA AGENDA BILL NO 611 DATE: November 5, 1982 DEPARTMENT: Planning & Policy Analysis Initial: (2,W. / Dept. Hd. _ C. Atty.� C. Mgr. SUBJECT: Revision to Ordinance No. NS -3.47, Design Review Ordinance Issue Summary 1. The revision of the Design Review Ordinance was identified as a priority item by both the Planning Commission and City Council at their joint meeting. 2. The Commission has worked on a revision of the Ordinance which would allow a 20% variation in allowable floor area standards without a variance and made some other modifications to increase flexibility. 3. At its meeting of November 10, 1982 the Planning Commission voted unanimously to recorinend that .this ordinance be adopted by the City Council. RecomTendation 1. Conduct the public hearing. 2. Vote on the Negative Declaration. 3. Have the first reading of the ordinance. 4. If the Council feels that significant modifications to the ordinance are required then the ordinance should be continued to a study session. 5. Public hearing date should then be continued to a specific date. Fiscal Imoacts No significant impacts although a minor drop in permit review fees due to fewer variance applications is expected. Exhibits /Attachments Exhibit A - Negative Declaration Exhibit B - Revised Design Review Ordinance Exhibit C - Commission Resolution recommending adoption Exhibit D - Staff report dated 11/1/82 Exhibit E - Memo from Chairman of the Planning Commission Council Action 11/17: Consensus to continue pub! _ic hearing to 12/1. Consensus to direct Fanelli to work with staff and whomever else she wishes to present revised ordinance at study session 11/23. 12/1: Moyles /Mallory moved to introduce revised ordinance by title only, waiving further reading, and continue public hearing to 12/15. Passed 3 -0. 12%15: Clevenger /Moylds moved-to amend to allow residents to appeal in non - public hearings. Callon/Mallory moved to approve Negative Declaration. Fanelli- Moyles moved to read, amended ordinance by title only, waiving further rParlincr_ making finrlinrrc ac fniinrl in Romr+- r -F Fir . r7;,,r. - —A -A-4- n-A co All EXHIBIT B REPORT OF FINDINGS 1. The proposed amendments to Ordinance No. NS -3.47 are required to achieve the objectives of the Zoning Ordinance prescribed in Section 1.1. 2. The proposed amendments to Ordinance No. NS -3.47 are in con- formance with the General Plan and are necessary to its implementation. AMENDED ORDINANCE NO. NS 3.47 AN ORDINANCE OF THE CITY OF SARATOGA REQUIRING DESIGN REVIEW OF CERTAIN ONE- FAMILY DETACHED MAIN STRUCTURES OR MAJOR ADDITIONS THERETO AND CERTAIN ACCESSORY STRUCTURES, AND ESTABLISHING STANDARDS FOR THE APPROVAL THEREOF The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Statement of Policies and Findin gs It is the policy of the City of Saratoga to review the construction of one - family detached residential structures and _ major additions thereto and certain accessory structures under circumstances where such structures or major additions would constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impact upon the aesthetic character of neighboring residential structures. It is also the policy of the City of Saratoga to preserve natural topography, promote the construction of energy efficient residential structures, to minimize the coverage of residential structures upon building sites, and to insure that the objectives of the General Plan are _. met through Design Review. The City Council finds that effective implementation of the foregoing policies requires review and revision of existing zoning ordinances regulating the height,.set -backs and.bulk of one - family detached main and accessory structures and revision of existing procedures and standards for Design Review. Section 2: Purpose The purpose of this Ordinance is to establish a set of criteria, objectives and procedures to be followed with respect to the design review of any proposed one - family detached main structure or major addition thereto, and certain accessory structures, and to ensure that new development occurs in a manner which is consistent with the policies of the General Plan. Rev. 10/20/82 1. nm1 Section 3: Definitions For the purposes of this Ordinance, certain words and terms used herein shall be defined as follows: (a) The term "site" shall have the same meaning as set forth in Section 1.5, subparagraph "ss" of Ordinance NS -3. (b) The term "main structure" shall have the same meaning as set forth in Section 1.5, subparagraph "aaa" of Ordinance NS -3. (c) The term "accessory structure" shall have the same meaning as set forth in Section 1.5, subparagraph "zz" of Ordinance NS -3, provided such structure is enclosed on at least three sides. (d) The term "multi -story structure" shall have the same meaning as set forth in Section 1.5, subparagraph "aaa -1" of Ordinance NS -3. (e) The term "hillside lot" shall mean any site having an average slope of ten percent (10 %) or greater. (f) The term "basement" shall mean that portion of a structure located entirely below the natural grade or finish grade, whichever is lower, except for the top of such basement which may extend to not more than two feet (21) above the natural grade or finish grade, whichever is lower. (g) The "height" of a structure shall be measured by a vertical line from the highest point of the roof to either the natural grade or the finish grade (excluding basements), whichever distance is greater; provided, however, that chimneys, flagpoles, radio and television aerials, solar panels and other mechanical appurtenances may be erected to a height not more than twenty -five feet (251) above the maximum height permitted under the regula- tions applicable to the zoning district wherein the structure is located. The method of measuring "height" for single family residential and accessory structures, as set forth herein, shall supersede the definitions contained in Sections 3A.26(c) and 14.8 of Ordinance NS -3, and the exceptions set forth herein shall supersede the provisions contained in Section 14.9 of Ordinance Rev. 10/20/82 2. NS -3. (h) The "slope" of a site shall be calculated in accordance with the provisions of Section 13.9 -2(c) of Ordinance NS -60. (i) The term "allowable floor area" shall mean the total usable square footage of the main structure plus any accessory structure having a size in excess of 250 square feet permitted for the zoning district and the site under Sections 5(a) and 5(c) of this Ordinance. The total square footage shall include all interior area within the exterior walls of the structure capable of being used or converted to use, having a height of at least seven feet from the floor to ceiling, including the garage, but excluding basements. (j) The term "approving authority" shall mean the Planning Commission of the City of Saratoga. (k) The term "appellate body" shall mean the City Council of the City of Saratoga. (1) The term "major addition" shall mean either or both of the following, whichever may be applicable: (1) A major addition in size, which is defined as any addition to an existing main structure which, when added to the interior usable square footage of the existing main structure plus any accessory structure in excess of 250 square feet, equals or exceeds the allowable floor area for the district and the site. (2) A major addition in height, which is defined as the conversion of a single story residential structure to a multi -story residential structure. (m) The term "impervious cover" shall mean any structure, or hard surface which substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks, patios, accessory structures, swimming pools, recreation courts, and paved driveways and parking areas. (n) The term "in- fill" shall mean a structure to be con- structed on a site surrounded by developed lots in at least three out of four northern, southern, eastern or western directions. Rev. 10/20/82 3. ti ''isgre,r c �c Section 4: General Guidelines for Design Review Where Design Review is required for any one - family detached main structure, or major addition thereto, or any accessory structure, the approving authority shall find that the proposed structure satisfies the following criteria: (a) The height, elevations and placement on the site of-the - proposed main or accessory structure or major addition shall be considered with reference to the nature and location of residen- tial structures on adjacent lots in order to avoid unreasonable interference with views and privacy, while considering also the topographic and geologic constraints imposed by particular building site conditions. (b) The natural landscape shall be preserved insofar as practicable, by minimizing tree and soil removal; grade changes shall be minimized and shall be in keeping with the general appearance of neighboring developed areas. (c) Due regard shall be given to orientation of the proposed main or accessory structure or major addition to the immediate neighborhood in order to minimize the perception of excessive bulk. (d) The proposed main or accessory structure or major addition will be compatible in terms of bulk and height with existing residential structures located within five hundred feet (5001) and within the same zoning district, and shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy. In the case of a proposed main or accessory structure or major addition which exceeds twenty -two feet (221) in height, the approving authority may consider, in addition to any other mitiga- tion measures, a requirement for increase in any one or more of the standard set -backs by ten percent (10 %) for each foot in height in excess of twenty -two feet (22'), or such other increased set -backs as the approving authority may deem appropriate under the circumstances, such increased set -backs to be imposed only Rev. 10/20/82 4. with respect to that portion of the structure in excess of twenty -two feet (22') in height. (e) The proposed site development or grading plan shall incorporate current grading and erosion control standards used by the City of Saratoga. (f) Where the proposal involves in -fill situations, accessory - structures having a size in excess of 250 square feet, or major additions, design emphasis should be placed on compatibility of bulk with adjacent structures, minimizing obstruction of views, and minimizing privacy impacts on adjacent property owners. Furthermore, designs should incorporate the natural features of the site. (g) On exposed hillside lots, structures should be encouraged to follow the natural contours of the site with the emphasis on minimal grading, minimum impervious cover, and maximum erosion protection. Variety in design should be encouraged in order to avoid monotony of regularly spaced buildings of uniform height. I (h) On wooded hillside lots, multi -story structures may be encouraged in order to minimize grading and vegetation removal. The use of decks should be encouraged to provide usable open space, but the decks should not encroach on adjoining properties in terms of privacy. (i) The proposed structure should be designed to optimize the use of natural elements, such as solar radiation, wind and landscaping for heating, cooling and ventilation. Section 5: Standards for Development of Residential Structures (a) Unless otherwise approved pursuant to Section 6 of this Ordinance, the total square foot floor area of one - family detached main structures and major additions thereto, plus any accessory structures having a size in excess of 250 square feet, shall comply with the following standards: District Allowable Floor Area R- 1- 10,000 2,900 sq. ft. plus 60 of site area in excess of 10,000 sq. ft. Rev. 10/20/82 5. .: ."� R -1- 12,500 3,400 sq. ft. plus 6% of site area in excess of 12,500 sq. ft. R -1- 15,000 3,600 sq. ft. plus 6% of site area in excess of 15,000 sq. ft. R -1- 20,000 4,000 sq. ft. plus 6% of site area in excess of 20,000 sq. ft. R -1- 40,000 5,700 sq. ft. plus 6% of site area in excess of 40;000 sq. ft. HC-RD and NHR 5,200 sq. ft. plus 6% of site area in excess of 43,560 sq. ft., not to exceed a maximum of 10,000 sq. ft. (b) Unless otherwise approved pursuant to Section 6 of this ordinance, the total percentage of impervious cover of one - family detached main structures and major additions thereto, plus any accessory structure having a size in excess of 250 square feet, shall comply with the following standards: Districts Maximum ,% of Impervious Cover R -1- 10,000 60% of site area R -1- 12,500 55% of site area R -1- 15,000 50% of site area R -1- 20,000 45% of site area R -1- 40,000 35% of site area HC -RD and NHR 15,000 sq. ft., or 25% of site area, whichever is less (c) .In the case of a site having a total square footage which is.less than the minimum lot size for the zoning district wherein the site is located, the allowable floor area and the maximum percentage of impervious cover shall be determined by those standards set forth in Sections 5(a) and 5(b) above applicable to the next lowest zoning district for which the minimum lot size does not exceed the total square footage of the site; provided, however, the proposed structure shall adhere to the standard set -backs for the district wherein the site is located. For example, if a site is 14,000 square feet in total area and located within an R -1- 20,000 district, the standards applicable to an R -1- 12,500 district shall be utilized for design review of any main structure or major addition or accessory structure having a size in-excess of 250 square feet to be constructed upon such Rev. 10/20/82 6. M-3--Z-7, _ - , 11 site. In the case of any site having less than 10,000 square feet, wherever located, the allowable floor area shall not exceed 29% of the site area and the maximum percentage of impervious cover shall not exceed 60% of the site area. (d) Notwithstanding the provisions of Section 3.7 of Ordinance NS -3, the minimum rear yard set -backs for any one - family detached- - -- - multi -story structure or major addition in height to be constructed in an R -1 district shall be as follows: District Minimum Rear Yard Set -back R -1- 10,000 35 feet R -1- 12,500 35 feet R -1- 15,000 40 feet R -1- 20,000 45 feet R -1- 40,000 60 feet (e) In the case of any proposed one - family detached multi- story main structure, or a major addition in height, to be constructed upon a site which is non - conforming for the district in terms of depth or width, the provisions of Section 14.3 of Ordinance NS -3 shall not be applicable and the proposed multi -story structure or major addition in height shall comply with the standard set -back requirements for the district wherein the site is located. (f) The maximum height of any one - family detached main structure shall be thirty feet (301) to the highest point of the roof, as measured in accordance with Section 3(g) of this Ordinance. Section 6: Variations from Standards The Planning Commission shall have authority, but not the obligation, to increase by not more than twenty percent (20%), or to decrease, the standards for allowable floor area specified in Sections 5(a) or 5(c), and to increase by not more than five percent (5 %), or to decrease, the standards for impervious cover specified in Sections 5(b) or 5(c), if the Commission finds that the proposed main or accessory structure or major addition satisfies the criteria set forth in Section 4 of this Ordinance. If a proposed main or accessory structure or major addition exceeds any of the standards for allowable floor area set forth in Rev. 10/20/82 7. Sections 5(a) or 5(c) by more than twenty percent (20 %) or exceeds any of the standards for impervious cover set forth in Sections 5(b) or 5(c) by more than five percent (5 %), or if a proposed multi -story main structure or major addition in height does not comply with the requirements of Section 5(d) or 5(e), or if the height of a proposed main structure or major addition does not.. comply with the standard specified in Section 5(f), a variance shall be required pursuant to Article 17 of Ordinance NS -3, and the findings required under Section 17.6 of Ordinance NS -3 shall be made in addition to the finding that the proposed structure or major addition satisfies the criteria set forth in Section 4 of this Ordinance. Section 7: Requirement for Design Review In each of the following cases, no building permit shall be issued for the construction of any one - family detached main structure or major addition thereto, or any accessory structure having a size in excess of 250 square feet, in any residential district until such structure has received Design Review Approval: (a) A single story main or. accessory structure or major addition having a height in excess of twenty -two feet (22'). (b) A multi -story main or accessory structure or major addition having a height in excess of twenty -six feet (26'). (c) Any main structure or major addition to be constructed upon a hillside lot. (d) Any main structure or major addition which does not meet the standards set forth in Section 5 of this Ordinance. site. (e) Any main structure to be constructed upon an in -fill (f) Any accessory structure having a size in excess of 250 square feet which, when added to the size of the main structure plus any other. existing or proposed accessory structure on the site having a size in excess of 250 square feet, will exceed any of the standards for allowable floor area or impervious cover set forth in Sections 5(a), 5(b) or 5(c) of this Ordinance. Rev. 10 /20/82 8. (g) Any expansion in size to the second story of a multi- story main or accessory structure. (h) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, building site approval, use permit, variance or conditional re- zoning. (i) Whenever, in the opinion of the City's Department of Community Development, there is uncertainty as to whether a proposed structure complies with the standards of this Ordinance or it reasonably appears that the proposed structure will have a substantial adverse impact upon the neighborhood or the natural environment. Section 8: Application Requirements Each application for Design Review approval shall be accom- panied by the following exhibits: (a) Site Plan showing property lines, easements and dimen- sions, structure setbacks, building envelope, topography, location of all trees over twelve inches (12 ") in diameter, and areas of dense vegetation and creeks. - (b) A statement of energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by City staff or the approving authority. (c) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (d) Cross sections for all projects located on a hillside lot. (e) Grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (f) Floor plans that indicate total floor area. (g) Roof plans. Rev. 10/20/82 9. (h) Landscape and irrigation plans, when requested by the City staff or the approving authority. Design review approval may be conditioned upon the approval of such plans prior to issuance of a building permit. (i) Such additional exhibits as may be required by Staff or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two (2).sets drawn on sheets 18" x 28" in size and.ten (10) sets on sheets 11" x 18" in size. Section 9: Public Hearings A public hearing shall be required for design review approval of a one - family detached main structure or major addition thereto, or accessory structure having a size in excess of 250 square feet, in each of the following cases: (a) Where a proposed single -story main or accessory structure or major addition will exceed twenty -two feet (22') in height. (b) Where a proposed multi -story main or accessory structure or major addition will exceed twenty -six feet (26') in height. (c) Where a proposed main structure is classified as an in -fill situation, as defined in Section 3(n) of this Ordinance. (d) Where the proposed improvement is a major addition in height, as defined in Section 3(1)(2) of this Ordinance. (e) Where`a proposed main or accessory structure or major addition will exceed the standards for allowable floor area or impervious cover as set forth in Sections 5(a), 5(b) or 5(c) of this Ordinance. (f) Where an expansion in size is being made to the second story of a multi -story main or accessory structure. Notice of the public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning property Rev. 10/20/82 10. within five hundred feet (500') of the boundaries of. the site upon which the structure or major addition is to be constructed. Notice of the public hearing shall also be published in a news- paper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Section 10: Appeal (a) Upon the denial by the Planning Commission of a Design Review application which does not require a public hearing, the applicant shall have the right to appeal such decision to the City Council. (b) Upon the granting or denial by the Planning Commission of a Design Review application which requires a public hearing, either the applicant or any other interested person shall have the right to appeal such decision to the City Council. (c) The appeal shall be taken by filing with the City Clerk a written notice thereof within ten (10) days from the granting or denial of Design Review Approval by the approving authority. The i notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, and shall be accompanied by a filing fee to cover the administrative cost of handling the appeal. Upon receipt of a notice of appeal and filing fee, the City Clerk shall set the appeal for hearing before the appellate body at its next regular meeting that falls not less than ten (10) days after the date of filing the notice of appeal. The appellate body shall conduct a noticed public hearing de novo on all Design Review Appeals where a public hearing was required to be conducted by the approving authority pursuant to Section 9 of this Ordinance. The City Clerk shall give notice of the appeal in the same manner as provided in Section 9 of this Ordinance. (d) The appellate body may affirm, reverse or modify the decision of the approving authority, and may refer the matter back to the approving authority for further action as may be directed by the appellate body. Rev. 10/20/82 11. Section 11: Repeal of Other Ordinances This Ordinance shall supersede Urgency Ordinance 3E -16, Section 3.7 -2 of Ordinance NS -3 (commonly known as the "Multi - Story Ordinance "), Sections 3.16 and 16 -15 of Ordinance NS -3 (relating to conversion permits), and the coverage standards as set forth in Section 3.7 of Ordinance NS -3, and the same are hereby repealed and declared to be of no further force or effect as of the effective date of this Ordinance. This Ordinance shall also supersede Article 13 of Ordinance NS -3 to the extent that such Article applies to single - family detached main structures or major additions thereto. The references in Article 13 as contained in Sections 3.12 and 3A.23(c) of Ordinance NS -3 shall be deemed to refer to this Ordinance. Section 12: Exceptions This Ordinance shall not apply to any one - family detached main structure or major addition which has received design review approval prior to August 15, 1981, nor shall this Ordinance apply to any major addition in height for which a conversion permit has been issued pursuant to Section 16.15 of Ordinance NS -3 prior to August 15, 1981; provided, however, that in the event an appeal has been taken from such design review approval or issuance of a conversion permit, the provisions of this Ordinance may be applied to the proposed structure or major addition which is the subject of the appeal. Section 13: Replacement of Destroyed Structures In the event an existing one - family detached main structure having a floor area or percentage of impervious cover in excess of the standards set forth in Sections 5(a), 5(b) or 5(c) of this Ordinance is damaged or destroyed as a result of fire or other calamity or by act of God, the structure may be replaced with a new structure having a maximum floor area, a maximum percentage of impervious cover, and a maximum height no greater than the original structure and set -backs no less than the original structure. Rev. 10/20/82 12. Design review approval pursuant to this Ordinance shall be required for the proposed replacement structure, but the requirements of this Section 13 shall be applied in lieu of the standards set forth in Sections 5(a), 5(b), 5(c), 5(d) and 5(e) of this Ordinance. The provisions of this Section 13 shall supersede any inconsistent provisions as may be contained in Section 15.8 of Ordinance NS -3. Section 14: Lapse of Design Review Approval Design Review approvals issued pursuant to this Ordinance shall expire eighteen (18) months after the date of approval in the event a building permit has not been obtained within such period of time for construction of the structure or major addition as finally approved. The approving authority may, in its discre- tion, extend the expiration date provided herein for an additional period or periods of time not exceeding a total of twenty -four (24) months, upon written application for extension filed prior to the expiration date. Should the approving authority deny any application for extension, the applicant shall have the right to appeal such decision to the appellate body within ten (10) days after the date of denial. In the event a building permit is issued and thereafter expires, the design review approval pursuant to which the permit was issued shall also expire as of the date of expiration of the building permit. Section 15: Partial Invaliditv 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, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Rev. 10/20/82 13. T' - "717 �17 Section 16: Effective Date This Ordinance takes effect thirty (30) days after its passage and adoption. The foregoing Ordinance was passed and 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, and in favor thereof, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ATTEST: CITY CLERK Rev. 10/20/82 14. ?r- MAYOR C RESOLUTION NO. GF -328.1 ex 6 f 6it C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA RECOMMENDING ADOPTION BY THE CITY COUNCIL OF AN AMENDED ORDINANCE REQUIRING DESIGN REVIEW OF CERTAIN ONE- FP21ILY DETACHED MAIN STRUCTURES, AND MAJOR ADDITIONS THERETO AND CERTAIN ACCESSORY STRUCTURES, AND ESTABLISHING STANDARDS ROR THE APPROVAL THEREOF WHEREAS, on July 15, 1981, the City Council of the City of Saratoga adopted Ordinance No. NS -3.47 entitled "An Ordinance of the City of Saratoga Requiring Design Review of Proposed One - Family Residential Structures and Major Additions Thereto, and Establishing Standards for the Approval Thereof;" and WHEREAS, during the period in which Ordinance No. NS -3.47 has been in effect, the Planning Commission has reviewed the Design _ Review applications and associated variance application resulting from this ordinance and has determined that certain changes should be made therein in order to create greater flexibility in the review process, maintain consistency with the General Plan and the declared policies and objectives of the City of Saratoga; and WHEREAS, the Planning Commission has prepared and approved a proposed ordinance entitled: " An Ordinance of the City of Saratoga Requiring Design Review of Certain One - Family Detached Main Structures or Major Additions Thereto and Certain Accessory Structures, and Establishing Standards for the Approval Thereof ", a copy of which is attached hereto as Exhibit A (hereinafter referred to as the "Design Review Ordinance "); and WHEREAS, a noticed public hearing was conducted by the Planning Commission on November 10, 1982 at which time any person desiring to comment upon the proposed Design Review Ordinance was given an opportunity to be heard; and WHEREAS, after careful consideration of the proposed Design Review Ordinance the Plannina Commission has made certain findings, a report of which is attached hereto as Exhibit B, and is of the opinion that such ordinance should be recommended to the City Council for adoption. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the'City of Saratoga that the proposed Design Review Ordinance, in the form of Exhibit A attached hereto, be and the same hereby is affirmatively recommended to the City Council of the Cite of Saratoga for adoption; and BE IT FURTHER RESOLVED that the Secretary of the Planning Commission is hereby authorized and directed to send a copy of this resolution, together with a copy of the proposed Design Review Ordinance, to the City Council for further action and adoption pursuant to State law. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Saratoga held on the day of 1982, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: µ , ecretary Chairman, Planning Corvnission C � EXHIBIT B .REPORT OF FINDINGS 1. The proposed amendments to Ordinance No. NS -3.47 are required to achieve the objectives of the Zoning Ordinance prescribed in Section 1.1. 2. The proposed amendments to Ordinance No. NS -3.47 are in con- formance with the General Plan and are necessary to its implementation. REPORT TO PLANNING COMMISSION DATE: 11/1/82 Commission Meeting: 11/10/32 SUBJECT- Revision to Design Review Ordinance, NS -3.47 ---------------------------------------------------------------------------- At its Committee -of- the -Whole meeting of October 19, 1982 the Commission reached consensus on the revisions to be made to the Design Review Ordinance. The major changes to the Ordinance are as follows: 1. Inclusion of accessory structures over 250 square feet in the size in the calculation of allowable floor area as well as any interior space with a 7' clearance from floor to ceiling (Section 3(i)). 2. Requiring Design Review for accessory structures under certain conditions. (Section 7(a) and (b)). 3. Increasing the maximum base allowable floor area from 5,200 square feet to 5,700 square feet in the R -1- 40,000 District (Section 5 (a)) . 4. Increasing the amount allowable floor area can vary from the standards without a variance application and at the discretion of the Commission from 5% to 20 %, if the criteria in Section 4 of the Ordinance are complied with (Section 6). 5. Allow a 5% variation from impervious coverage standards without a variance and at the discretion of the Commission if the criteria in Section 4 are complied with. (Section 6). 6. Requiring Design Review for any expansion in size of the second story of a multi -story main or accessory structure (Section 7(g) and Section 9(f)). 7. Allowing the staff of the Community Development Department to have a proposed structure or addition go through the Design Review process where it is uncertain the structure or addition complies with the requirements of the ordinance or it appears that it will have a substantial adverse impact on the neighborhood or natural environment. (Section 7(i)). The remainder of the amendments to the ordinance are intended to clarify the intent of the ordinance. For example, only accessory structures enclosed on 3 sides are to be included in allowable ' Revision To Desig &eview Ordinance is November 1, 1982 Page 2 floor area calculatings. Perhaps the most impartant clarification is that the Commission must find that the proposed structure satisfies the criteria listed in Section 4. The remaining amend- ments were minor. FINDINGS 1. The proposed amendments to Ordinance No. NS -3.47 are required to achieve the objectives of the Zoning Ordinance prescribed in Section 1.1. 2. The proposed amendments to Ordinance No. NS -3.47 are in conformance with the General Plan and are necessary to its implementation. RECOMMENDATION If the Commission determines that the proposed wording of the Ordinance revision is acceptable, then the findings listed above should be made and the attached resolution recommending approval of the revision should be forwarded to the City Council. Mike Flores Assistant Planner b1F /mgr r. REPORT Exh16if L= TO MAYOR AND CITY COUNCIL DATE: 11 -12 -82 COUNCIL MEETING: SUBJECT* GF- 328/NS -3.47 - Design Review Ordinance At the Planning Commission meeting of November 12, 1982 the Commission adopted Resolution GF -328, recommending the Design Review Ordinance, as amended. The Planning Commission review evolved in a very strong consensus, and I feel that it is the best compromise coming from the Commission. However, I do not feel that it is in the best interests of the community at large and recommend that the following two areas be carefully reviewed and modified by the City Council. (1) I am not in favor of adding the accessory structures unless they are at least over 600 sq. ft.; however, if they are of a two -story design they should have a public hearing. (2) I am in favor of removing the limits in the R -1- 20,000 zoning district and above as a part of the ordinance; however, the figures should be used as guidelines to trigger public hearings. (As discussed at the Joint City Council /Commission meeting). LS:cd Louise Schaefer Chairman, Planning C mmission