HomeMy WebLinkAbout10-21-1987 City Council Staff ReportsSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: 10 -21 -87
ORIGINATING DEPT: ENGINEERING DEPT.
SUBJECT: Final Acceptance of SDR 1617 and Release Bond,
Chester Avenue, Terry Houston
Recommended Motion:
. Grant "Final Acceptance" of SDR 1617.
Date: 10 -12 -87
AGENDA ITEM
CITY MGR. APPROVAL
Repoft Summary:
The private improvements for SDR 1617 has been satisfactorily completed
and the bond should be released.
Fiscal Impacts:
None.
. Attachments:
1. Memo describing bond.
Motion and Vote:
Staff recommendation 5 -0.
O
�i 13777 FRUITVALE AVENUE SARATOGA, C.AL•IFORNIA 95070
�• -( ' --- -� (408) 867 -3438
MEMORANDUM
TO: City Manager DATE: 10 -12 -87
FROM: City Engineer
SUBJECT: Tract SDR 1617 (Final Acceptance)
Locations Chester Avenue
All improvements required of SDR 1617 and agreed
to in the Building Site Agreement dated
have been satisfactorily completed. g -i7 -R7
Therefore, I recommend the improvement security posted to guarantee
that agreement be released. The following information is included
for your use:
1. Developer: TERRY HOUSTON
Address:— 14082 Chester Avenue, Saratoga
2. Improvement Security:
Types Assignment Certificate'
Amount.: 8-4 40-0.00
Issuing Co.: Imperial Savings
Address: 2988 Meridian, San Jose
Receipt, Bond or-
Certificate No.
3. Special Remarks
Release Bond.
Rob' t S. Shook
RSS /dsm
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 13 '
MEETING DATE: _10-21-87 (10- 13 -87)
ORIGINATING DEPT: ENGINEERING
SUBJECT: Final Building Site Approval, SD -87 -004
Oak Place, Joe Waller (1 Lot)
Recommended Motion:
AGENDA ITEM 41-1
CITY MGR. APPROVAL/'
Adopt resolution No. SD -87- 004 -02 attached, approving Final Building Site approval.
Report Summary:
1. SD -87 -004 is ready for Final Building Site Approval.
2. All requirements for the City and other departments have been completed.
3. All fees have been paid.
Fiscal Impacts:
None.
Attachments:
1. Resolution SD -87- 004 -02.
2. Resolution approving Tentative Map.
3. Location Map.
Motion and Vote:
Staff recommendation 5-0.
RESOLUTION NO. SD -87- 0.04 -02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING BUILDING SITE OF Joe Waller
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1:
The Land designated as Lot 8 in Block 2 shown upon Map entitled,
"Amended Map of Saratoga Parking Lots" filed in Book 0 of Maps,
Pages 58 and 59 in the Santa Clara' County, submitted to the
City Engineer, City of :Saratoga, be approved as one individual
building site.
The above and foregoing resolution was duly and regularly introduced and
passed by the City Council of Saratoga at a regular meeting held on the
day of 19 by the following
vote:
AYES:
NOES-:
ABSENT:
MAYOR
ATTEST: -
CITY CLERK
RESOLUTION N0. sD- 87 -004
RESOLUTION APPRWING -TENTATIVE MAP OF
Joe Waller - 14473 oak Place
WHEREAS, application has been made to the Advisory 'Agency
under the Subdivision Map Act of the State of California. and un-
der the Subdivision Ordinance of the City of Saratoga, for tenta-
tive map approval of a lot, site or subdivisions of 1 lots,.
all as more particularly set forth in File No.8�_nna of this
City, and
WHEREAS, this Advisory Agency hereby finds that the proposed
building sitd together with the provisions for its design and im-
provement, is consistent with the Saratoga General Plan and with
all specific plans relating thereto, and the proposed subdivision
and land use is compatible with the objectives, policies and gen-
eral land use and programs specified in such General Plan, refer
enoe to the approved Staff Report dated' - June 24, 1987
being hereby made for futher particulars, and
WHEREAS, this body has heretofor received and considered.the
(Categorical Exemption) (fix prepared for
this project in accord with the currently applicable provisions
of CEQA, and
WHEREAS, none of the conditions set forth in Subsections (a)
through (g) of Government Code Section 66474 exist with respect
to said subdivision, and tentative approval should be granted in
accord with conditions as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED that the tentative map for
the hereinafter described subdivision, which map is dated the
day of march , 1987, and is marked Exhibit D
in the hereinabovereferred to file, be and the same is hereby -
conditionally approved. The conditions of said approval are as
more particularly set forth on F.-Iiibit A and incorporated
herein by reference.
The above and foregoing resolution was duly passed and adop-
ted by the Planning Commission at a meeting thereof held on the
241-,, day of June , 1987, at which, a qucrLrn
was present, by the following vote:
AYES: Commissioners Harris, Guch, Burger, Clay & Tucker
NOES: None
ABSENT: Commissioner Siegfried
ATTEST: ADVISORY AGENCY
By: �L�
Ch
nc •etary Planning Camiission
SO -87 -004; 14473 Oak Place - Conditions of Building Site Approval
EXHIBIT A
I. SPECIFIC CONDITIONS - ENGINEER.ING
A. Pay storm drainage fee in effect at the time obtaining final
approval.
B. Submit parcel map to City for checking and recordation (pay
required checking and recordation fees). (If parcel is shown
on existing map of record, submit three (3) to -scale prints)..
C. Submit "Irrevocable Offer of Dedication" to provide easement,
as required.
D. Improve Oak Place to City standards, including the following:
1. Designed structural section 20 ft. between centerline and
flowline. (DIA)
2. P.C. concrete curb and gutter.(V -24). (DIA)
3. Pedestrian walkway, 4 ft. P.C.C. (DIA)
4. U.ndergrounding eXi.sting overhead utilities ('DIA)
E. Construct standard driveway approaches. (DIA)
F. Construct driveway approach 1.6 ft. wide at property line
flared to 24 ft. at street paving.
G. Construct valley gutter across driveway or pipe culvert under
driveway a's approved by the City Engineer.
H. Provide adequate sight distance and remove obstructions of
view as required at driveway and access road intersections.
I. Obtain encroachment permit from the Engineering Dept. for
driveway approaches or pipe crossings of City street.
J. Engineered improvement plans required for: (DIA)
1. Street improvements
K. 'Pay plan check and inspection fees as determined from
improvement plans. (DIA)
L. Enter into "Deferred Improvement Agreement" for the required
improvements marked DIA.
M. Post bond t;o guarantee completion of the required
improvements. (DIA)
OVA
SO -87 -004; 14473 Oak Place
II. SPECIFIC CONDITIONS - BUILDING INSPECTION
A. Prior to issuance of building permits, submit to Building.
Dept, detailed on -site improvement plans showing:
1. Retaining structures including design by A.I.A. or R.C.E.
for walls 3 ft. or higher.
2. All existing structures, with notes as to remain or be
removed.
3. Standard information to include titleblock, plot plan
using record data, location map, north arrow, sheet nos.,
owner's name, etc.
III. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4
A. Sewer service is available via the existing 6 -inch sewer main
in Oak Place. A 4 -inch building sewer will have to be
installed to serve the residence.
B. A sewer connection permit is due prior to the issuance of
a building permit.
IV. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPT.
A. A sanitary sewer connection will be required for 14475 Oak Pl.
and 14473 Oak Pi.
B. Existing septic tanks) must be pumped and backfilled in
accordance with Environmental Health standards. A bond should'
be posted to ensure completion of work. Contact the district
Sanitarian for final inspection upon completion.
C. Domestic water shall be supplied by San Jose Water Works
V. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT
A. In accordance with District Ordinance 8b -1, the owner should
show any existing wells) on the plans. The wells) s,houid
be. properly registered with the District and either
maintained or abandoned in accordance with District
standards. We request written confirmation from the developer or
his engineer regarding the existence of any wells and their
proposed disposition.
VI. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT
A. Pave private alley from Oak Place to northwest property line,
18 ft. wide as per City standards.
13
r
SO -87 -004; 14473 Oak Plane
B. Provide 15 ft. vertical clearance over the private alley,
remove all limbs, wires, and other obstacles.
C. Developer shall install one fire hydrant that meets the -
Saratoga Fire District's specifications. Hydrant shall be
installed and accepted prior to final inspection of the
proposed home.
VII. SPECIFIC CONDITIONS- PLANN-ING DEPARTMENT
A. No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit.
B. Applicant shall sign the agreement to these conditions within
30 days of the pasage of this resolution or said resolution
shall be void.
C. Conditions of V -87 -012 shall be completed prior to final site
approval.
The foregoing condktiona are hereby accepted.
1 I w
Si ature pp.1icant Date
14
.,,
REPORT TO PLANNING COMMISSION °z�.
SD -87 -004, V -87 -003, DR -87 -036 JOE WALLER
�J
14473 OAK PLACE NEW SINGLE FAMILY HOME
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EXECUTIVE SUMMARY NO.
SARATOGA CITY COUNCIL
MEETING DATE: October 21 1987
ORIGINATING DEPT: ENGINEERING
SUBJECT: SD -86- 008 -002 Gilbeau etal,
Saratoga- Sunnyvale Road
Recommended Motion:
AGENDA ITEM �Z,
� J
CITY MGR. APPROVAL
Adopt Resolution No. SD -86- 008 -03 approving request to assign condition for
Caltrans encroachment permit to the issuance of the building permit for the
commercial portion of this development.
Report Summary:
Final map approval was granted subject to obtaining Caltrans encroachment permit.
Commercial and residential areas are separated entirely by Rodeo Creek and
residential portion has no access to Saratoga - Sunnyvale Road.
Encroachment permit will be issued but not in a timely fashion for the early
beginning of construction on the residential area.
Fiscal Impacts:
None.
Attachments:
- Resolution No. SD -86- 008 -03.
- Letter from applicant.
Motion and Vote:
Staff reccnuiendation 5 -0.
RESOLUTION NO. SD -86- 008 -03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION SD -86- 008 -02 AND
GRANTING CONDITIONAL FINAL MAP APPROVAL FOR
TRACT 8058
WHEREAS, on September 2, 1987, the City Council of the City of Saratoga adopted
Resolution SD -86- 008 -02, granting conditional final map approval for Tract
8058; and ,
WHEREAS, the City Council desires to modify said Resolution as hereinafter set
forth..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as
follows:
1. The final map may be recoraed prior to issuance of an encroachment
permit by CalTrans, but no building permits shall be issued by the City
of Saratoga for the construction of any improvement uDon Lot 1, the
commercial parcel, until such encroachment permit has been issued by
CalTrans for construction of street improvements and traffic signal.
2. Except as herein modified, said Resolution SD- 86- 008 -02 remains in full
force and effect.
The above and foregoing resolution was Dassed and adopted at a regular meeting
of the Saratoga City Council held on the 21st day of October, 1987, by the
following vote:
AYES:.
NOES:
ABSENT:
ATTEST:
Deputy City Clerk
Mayor
GI]LBEAU-HULBERG
A S S O C I A T E S . 1 N c.
Real Estate Appraisers
Kenneth W. Gilbeau, M.A.I.
Norman C. I[ttlix.rg, MAJ.
Robert S. Saia
Ralph C. Aslanian
.lapis A. Lassner
Roher( M.Stmnek
CraiES. EnWn
Peter 1). Shirk
Claudia B. Carleton
Walter D. Carney
NaneyT. Robson
OCT i Is 7987
City Council of Saratoga
Civic Theatre
13777 Fruitvale Drive
Saratoga, CA 95070
October 7, 1987
RE:, Final Map Condition # SD -86- 008,002 as voted on
September 2, 1987 by the City Council of Saratoga.
To The Honorable Mayor and Council Members:
D
On September 2, 1987 as a consent item on the Agenda which
an approval was granted for the Final Map and lot split for the
parcel #APN 393 -01 -030 with one condition to be satisfied:
a.) Obtaining an Encroachment Permit from Cal Trans
prior to recordation.
Applicant Gilbeau, Hulberg and Hirschman made the following
request:
Modification of the above referenced condition of obtaining the
encroachment permit from Cal Trans as a pre - requisite to
recording the final map and make that condition of same a pre-
requisite prior to issuance of the building permit of the
Saratoga Retail Development.
The parcel has two separate developments occurring
simultaneously and requires the filing of a final map for
the next stage of development to occur.
1. In accordance with the conditions of Tentative, Final Map
and the conditions of the Saratoga Fire District, Building
Department, PG&E, San Jose Water Works and Cupertino Sewer
Department have scheduled utilities to be installed during
November 1987. All deposits and fees have been paid in
full as of August 1, 1987. We have enforceable contracts
with various agencies as per the requirements of the City
of Saratoga.
1520 ParkmoorAvenue • San Jose, CA 95128 • (408) 279 -1520
Page 2 of 2
2. The Townhome Development has no affiliation or working
conditions with Cal Trans. The Townhome Development has no
access to Highway 85 and according to Cal Trans should not
prohibit any lot split or subdivision sequence.
3. The origination of the condition by the City Engineering
Department was to insure State Highway improvements be
satisfactory to the City of Saratoga. This intention may
be enforced to the same degree and efficiency if it were
made a condition of issuance of the Building Permit
specifically pertaining to the front Commercial
Development.
In closing, applicant would like the
the encroachment permit condition to
the final map and to separate the two
Very truly yours,
ate'
Kenneth W. Gilbeau
cc: Robert Shook, City Engineer
Larry Peacock, City Manager
City Council to ameliorate
allow the recordation of
developments.
EXECUTIVE SUMMARY NO.
MEETING -DATE:
SARATOGA CITY COUNCIL
AGENDA ITEM:
ORIGINATING DEPT.: CITY MGR. APPROVAL
GP. 87 -002, ZC -8.7 -002 - "Triangle North "', General Plan amendment and prezoning
SUBJECT: of property to facilitate annexation.
Recommended Motion: Adopt the Negative Declaration, approve the General Plan amendment,
prezoning and property tax exchange.
Report Summary:
1. The Cities of San Jose and Saratoga have agreed in concept to exchange properties at the
northeast corner of Saratoga in order to establish the City limit lines along the
Lawrence Expressway and Quito Road.
2. On September 23, 1987, the Planning-Commission unanimously recommended approval."of the
General Plan amendment and prezoning necessary to facilitate the reorganization.
3. In order to file an application to the Local Agency Formation Commiss4)on, the City Council
must complete environmental review, amend the General Plan, prezone the property, and .
agree to an exchange of property tax revenues.
Fiscal Impacts: Property tax revenues based upon assessed valuation should remain
.essentially unchanged. Sales tax revenues may)show *1a:muzor increase with 4845
square feet of additional retail space.
Af'f-Arrhmnn+-
1. Memo to City Council from Planning Director 5. Resolution exchanging property taxes
2.' Negative Declaration & I,nit.i.al. Study 6. Planning Commission minutes &
3. Resolution GP -87 -002, approving G.P. amendment resolution of 9/23/87
4. Ord. ZC -87 -002, prezoning property
Motion and Vote:
Continued'-to 11/4..
13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070
(408) 867 -3438
MEMORANDUM
TO: City Council DATE: October 21, 1987
FROM: Yuchuek Hsia, Planning Director
SUBJECT: Triangle North, GP -87 -002; ZC -87 -002
Project Description
For several months the cities of Saratoga and San Jose have been
discussing the exchange of property at the northeast corner of
Saratoga around the Lawrence Expressway in order to create a more
logical boundary between the cities. On September 2, 1987, the
City Council formally endorsed the exchange of property and
directed staff to proceed with the reorganization. The proposal
consists of:
- detachment of 12.12 acres (including 4.6 acres of the
Lawrence Expressway) from Saratoga and annexation of
same to the City of San Jose.
- annexation of 5.82 acres to Saratoga and detachment of
same from the City of San Jose.
The reorganization would establish the boundary between the cities
along the Lawrence Expressway and Quito Road (see Exhibit A).
Action to be Taken
Procedurally, the City Council must adopt the negative
declaration, amend the General Plan to establish the appropriate
land use designation, prezone the property to be consistent with
the General Plan when the property is annexed into Saratoga, and
approve and exchange of property taxes with the city of San Jose.
The City of San Jose is taking similar actions. The following is
a brief explanation of each of the actions to be taken by the
Council.
1
1. Negative Declaration
As pointed out in the initial study, the properties are
essentially developed to the fullest extent possible,. San
Jose has completed environmental review for the retail /office
center for the remaining vacant property labelled "C" on
Exhibit A. The negative declaration for that property is
incorporated by reference. No adverse environmental impacts
will result from the amendment to the General Plan, prezoning
and annexation of the property.
2. General Plan Amendment
3.
4.
Since the property to be
of Influence, there is
property. The proposed
commercial designation,
development.
Prezoning
annexed is outside the city's Sphere
no general plan designation on the
amendment is to establish a retail
CR, consistent with the existing
As required by state law, property to be annexed must have a
zone category assigned in order to establish the proposed uses
and restrictions that will apply upon annexation. In this
case, the prezoning, to CN, neighborhood commercial, is
consistent with the existing and approved development, as well
as with the General Plan designation.
Exchange of Property tax revenues
The approximate assessed valuation of the parcels under
consideration are shown on Exhibit 2. As a result of the land
swap, Saratoga would receive 4.79 acres of private property
with a net assessed valuation of $2,264,915. San Jose will
obtain 6.54 acres of private property, with a net assessed
valuation of $3,215,870.
Upon development of the 1.49 acres of vacant property to be
annexed into Saratoga (APN 386- 23 -37, 38, 40), the assessed
valuation will increase, thereby making the exchange a
balanced one. The attached resolution agrees to relinguish
claim to future property tax revenues from the parcels to be
detached. Similarly, San Jose staff is recommending that its
City Council relinguish claim to future property tax from
areas C and D. State law requires that jurisdictions agree to
the exchange of property tax revenues.
* Per Memo from San Jose Planning Director to San Jose
Council dated April 13, 1987
2
City
Recommendation:
1. Approve the negative declaration.
2. Adopt Resolution GP -87 -002 amending the General Plan.
3. Intrbduce. Ordinance ZC -87 -002., prezoning .the. property. .
4. Adopt Resolution approving the exchange of property taxes.
Staff will forward the above resolutions and an application to
LAFCO for its consideration on December 2, 1987.
Yu uek Hsia, Planning Director
YH /KC /rc
Attachments
3
4 I\ ,4
,�
EXHIBIT A
Cand D -
Property 9
to be annexed into Saratoga
(A and B - property to be annexed
into the City of San Jose)
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fre 31 e9
3arr41. O 386 -2-
Parcels to be Annexed to Sara
Assessor's Existing
Parcel Land
Numbers Uses
a
386 -11 -46
Service Staticn
386 -11 -47
Restaurant
•
2 Retail Stores
386 -11 -50
EXHIBIT 2
386 -11 -51
Professional Offices
386 -11 -52
Professional Offices
386 -23 -36
SAN JOSE - SARATOGA BOUNDARY ADJUSTMENT
Parcels to
be Annexed to San Jose
386 -23 -38
Vacant
386 -23 -40
Vacant
Assessor's
Existing
Parcel
Land
Net Assessed
Numbers
Uses
Acreage
Valuation
386 -10 -4
Car Wash
1.00
768,060
386 -10 -6
Retail
0.93
261,726
386 -10 -7
6% Karate Dojo
0.91
603,515
12.5% Restaurants
37.5% Retail
44% Professional
Offices
386 -10 -41
Vacant
0.13
1,504
386 -10 -43
12% Printing Service
2.27
1,388,235
22% Professional
Offices
33% Retail
'
33% Restaurants
386 -10 -49
Vacant _...-
0.26
19,602
386 -10 -55
Tire Sales &
0.42
125,201
installation
386 -10 -56
Baptist Churc'_:
0.62
48,027
Totals
approx. 6.54
3,21.5,870
Parcels to be Annexed to Sara
Assessor's Existing
Parcel Land
Numbers Uses
a
386 -11 -46
Service Staticn
386 -11 -47
Restaurant
386 -11 -48
2 Retail Stores
386 -11 -50
Professional Offices
386 -11 -51
Professional Offices
386 -11 -52
Professional Offices
386 -23 -36
Vacant
386 -23 -37
Vacant
386 -23 -38
Vacant
386 -23 -40
Vacant
Totals
approx
Acrea e
0.41
0.28
0.52
0.79
0.86
0.44
0.14
0.45
0.42
0.48
4.79
Net Assessed
Valuation
89,625
-15,478
252,101
291,196
491,673
583,662
-•0- *
100,000
225,081
117,899
2,246,715
*The City of San Jose owned this property and sold it to a
private party in May 1986. The property will be merged with
386 -23 -37 on the 1987 County Assessor's rolls.
SJSARBND:1
EIA -4 File No: GP 87 -002
Saratoga LU 87-002 •
DECLARATION THAT ENVIRONMENTAL A 87< -002
IMPACT REPORT NOT REQUIRED
(,Negative Declaration)-
Environmental Quality Act of 1970'
The undersigned, Director of Planning and 'Environmental Control of the
CITY OF SARATOGA, a Municipal Corporation -, after study and evaluation
has determined, and does hereby determine, pursuarit,to the applicable
provisions of the Environmental Quality Act of 1970, Sections 15063 through
15065 and Section 15070 of the California Administrative Code,:and_Resolu-
tion 653- of the'City of Saratoga, that the following -described"�project will
have no significant effect (no substant.iat`. adverse- impact) on 'the- environment
within the `:terms and meaning of said Act.
PROJECT DESCRIPTION General Plan amendment to establish a retail commercial land
use des'ignation on approximately 5.8 acres of partially developed property; prezoning
of subject property -to C -N, :.neighborhood commercial and annexation of 5.8 acres
of property into Saratoga (detachment of 12.12 acres).. Project is meant to
straighten the city limit lines between San Jose-& Saratoga along the Lawrence
Expressway at the northeast and Quito Road at the east.
NAME AND ADDRESS OF APPLICANT
City of Saratoga, 13,777 Fruitvale Avenue, Saratoga 95070
REASON FOR NEGATIVE DECLARATION The property between Saratoga Avenue
and Quito Road are. developed to the maximum densities allowed with all services
available. The City of San Joie has approved a retail commercial /office project
at the southwest corner of the Lawrence Expressway and Saratoga Avenue. The
negative declaration for the project is incorporated by reference. No adverse
impacts will result from the General Plan amendment, prezoning and annexation of
the property.
Executed at Saratoga, California this 23rd day of' September , 19 87 .
Yuchuek Hsia.
Planning Director
DIRECTOR'S AUTHORIZED STAFF M&MBER ^
I
FORM EIA -lb
CITY OF SARATOGA
CRITERIA FOR DETERMINING
SIGNIFICANT ENVIRONMENTAL IMPACTS
(TO BE COMPLETED BY PUBLIC AGENCY)
PROJECT: �jnpy�Q y�,� -��} i71Q FILE NCB: C- rP92-00,,2_
LOCATION: £ 7 - C- -7 CI�OoZ,
I.. BACKGROUND yJ
1. Name of Proponent:
2. Address and Phone Number of, Proponent: Zq -77
3. Date of Checklist Submitted; 411918 7
4. Agency Requiring Checklist: ��ff
5. Name of Proposal, if applicable:
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe "answers are required on attached
sheets.,)
YES MAYBE N
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures? V
b. Disruptions, displacements, compaction or over-
crowding of the soil?
C. Change in topography or ground surface relief
features?
d. The destruction, covering or modification of any
unique geologic or physical features?
•8
YES MAYBE NF
e. Any increase in wind or water erosion of soils, v
either on or off the site?
f. Changes in siltation, deposition or erosion which
may modify the channel of a river or stream or the
bed of a lake?
g. Exposure of people or property to geologic hazards
such as earthquakes, landslides, mudslides, ground
failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
e. Alteration of air movement, moisture or temperature,
or any change in climate, either locally or region-
ally?
v
d
3. Water. Will the proposal result ins.
a. Changes in currents, or the course or direction of
water movements in fresh water ?'
b. Changes in absorption rates, drainage patterns, or v
the rate and amount of surface water runoff?
c. Alterations to the course or.flow of flood waters?
4. Plant Life.' Will the proposal result in:
a. Change in the diversity of species, or number of any
species of plants (including trees, shrubs, grass
crops, and aquat'ic.plants)?
b•_ Reduction of the numbers of any unique, rare or
endangered species of plants?
-3-
YES
[MAYBE Nc.
d.
Change in the amount of surface water or any
water in any water body?
e.
Discharge into surface waters., or in any alteration
of surface water quality, including but not limited
to temperature, dissolved oxygen or turbidity?
f.
Alteration of the direction or rate of flow of
i
ground waters?
g.
Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations?
h.
Substantial reduction in the amount of water other-
wise available for public-water supplies?
i..
Exposure of people or property to water related
hazards such as flooding?
j.
Significant changes in the temperature, flow, or
chemical content of surface thermal springs?
4. Plant Life.' Will the proposal result in:
a. Change in the diversity of species, or number of any
species of plants (including trees, shrubs, grass
crops, and aquat'ic.plants)?
b•_ Reduction of the numbers of any unique, rare or
endangered species of plants?
-3-
YES MAYBE NO
C. Introduction of new species of plants into an area,
or in a barrier to the normal replenishment of LIZ
existing species?
0
d.
Reduction in acreage of any agricultural crop?
_
5. Animal Life. Will the proposal result in:
a.
Change in the diversity of, species, or numbers of
any species of animals (birds, land animals includ-
v
ing reptiles, fish, or insects)?
b.
Reduction of the numbers of any unique, rare or
endangered species of animals?
C.
Introduction of new species of animals into an area,
or result in a barrier to the migration or movement
of animals?
I%
d.
Deterioration to existing wildlife or fish habitat?
6. Noise. Will the proposal result in:
a.
Increases in existing noise levels?
V
b.
Exposure of people to severe noise levels?
7. Light and Glare'. Will the proposal produce new light
or
glare?
YES MAYBE N(
8. Land Use. Will the proposal result in a substantial
alteration of the present or planned land use of an
area?
13. Transportation /Circulation. Will the proposal result
in:
a. Generation of substantial additional vehicular
movement? L
-5-
O •q
•u
9.
G%( � E
Nat Reso the in: :
re se
ra ces. Will proposal res , t
a. Increase in the rate of use of any natural
resources?
r%
b.. Substantial depletion of any nonrenewable natural
resource?
10.
Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release of hazardous
substances (:inicuding, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
.. ....... ....
b. Possible interference with an emergency response
plan or an emergency evacuation plan?
_
11.
Population. Will the proposal alter the location,
distrition, density, or growth rate of the human
population of an area?
12.
Housing. Will the proposal affect existing housing,
or create a'demand for additional. housing?
13. Transportation /Circulation. Will the proposal result
in:
a. Generation of substantial additional vehicular
movement? L
-5-
O •q
•u
r�
YES MAYBE NC
b. Effects on existing parking facilities, or demand
for new parking?
C.
Substantial impact upon existing transportation
systems?
_
d.
Alterations to present patterns of circulation or
movement of people and /or goods?
e.
Alterations to waterborne, rail or air traffic?
f.
Increase in traffic hazardous to motor vehicles,
bicyclists or pedestrians?
14. Public Services. Will the proposal have an effect upon,
or
resultin a need for new or altered governmental
services in any of the following areas:
a.
Fire protection?
v
b.
Police protection?
c.
Schools?
d.
Parks or other recreational facilities?
v
e.
Maintenance of public facilities, including roads?
f.
Other governmental services?
�w L- ,
/ � 6 a
//''
ay� CCC i7 cw , tv C�CJ
.cam //ua
15. Energ Wi110 the proposal result in:
a.
Use of substantial amounts of fuel or energy?
L
-y -6-
YES MAYBE NC
b. Substantial increase in demand upon existing
sources of energyi or require the development of U
new sources of energy. ,
16. Utilities., Will.the proposal result in a need for new
systems,, or substantial alterations to the following
utilities:.
' v
a. Power or natural gas? _
b. Communications systems? -
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage? �!
f. Solid waste and disposal?
17. human Health. Will the proposal result in:
a. Creation of any health hazard or potential health
hazard (excluding mental.health)?
b. Exposure, of people to potential health hazards? v
18. Aesthetics.' Will the proposal result in the obstruc-
tion o any scenic vista or view open to the public,
or will the proposal result in the creation of an
aesthetically offensive site open to public view? fi
19. Recreation. Will the proposal result in an impact upon
the -3y or quantity of existing recreational
opportunities?
-7-
YES MAYBE Nt.
20. Cultural Resources.
a. Will the proposal result in the a- lteration of or
the destruction of a prehistoric or historic
archeological site? ii
b. Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure, or object?
C. Does the proposal have the potential to cause a
physical change which would affect unique ethnic
cultural values?
d. Will the proposal restrict existing religious or
sacred uses within the potential impact area?
L�
v'
21. Mandatory Findings of-Significance.
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of fish or wildlife species, cause a
fish or wildlife population to drop below self -
sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restrict
the range of a.rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory? V
b. Does the project have the potential to achieve
short -term, to the disadvantage of long- term,
environmental goals? (A short -term impact on
the environment is one which occurs in a rela-
tively brief, definitive period of time while
long -term impacts will endure well into the
future.) V
T 0 1
-8-
III.
C. Does the project have impacts which are indivi-
dually limited., but cumulatively considerable?
(A project may impact on.two or more separate
resources where the impact on each resource is
relatively small, but where the effect of the
total of those impacts on the environment is
is
significant..)
d. Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly.or indirectly?
YES MAYBE N(
v
l
)J
IV. DETERMINATION
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLAP.ATION will be prepared.
OI find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect
in this case because the mitigation measures described on an
attached sheet have been added to the ,project. A NEGATIVE DECLARATION
WILL BE PREPARED.
OI find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
flg
DATE: 0 lg q .. ....... .
ID .
SIGNATURE
ADDITIONAL COMMENTS;
For : / Je��C�/•�%YY�rq�7�!�f�
-10-
0
(rev. 5/16/80)
FILE NO.
NECqkTIVE' DECL",.-_1AT1.QN`
CITY OF SAN JOSE, CALIFORN
H.8.7 -3 -39
DISTRICT NO. 1
The Initial Study-. on, ',which this Negative Decl.aration'is b
e d was- prepare Si.. "'
the, Director of Planning and is -on file in `the,Office o,f'.the City:P.l; nn,i.ng
.Department. €per
PROJECT LOCATION'
Southeast corner' of Saratoga Avenue and Lawrence Expresswayuy� , ,.
County,.=Assessor s Parcel , Numbe:r:.:38.6- 23. -36, 37; 38, 39, r40 �t r�
PROJECT 'DESCRIPTION r r4 {Ys�h•, r .
A Site. Devel,opment,.Permit.;:to allow. a new 24,.000- .sg4re foot retail /o;ffice
eammer,cial` center. on approximately 1.83 acre o :f, land.
-tip tt �
CERTIFICATION
t
The..Director of P.l onnin,g ce`rti fires, that' .the above. project' w l'! not have a'
.significant effectron;,the •e,n fronmen't This finding is batsed :on the` following
consi derati ons
The project .i s``c;onsi stet with the e'nvi rorJmental goals and policies', °and
- w :ith the- Land,Use /Transportatio.n Diagram., of 'the Ci'ty's General P1 an..
2,. ` 'Adequate mui ci p1T $ervl ces', i ncl udi:ng'. street ;capacity, are "'a'vai 1 able to
serve .the p'ro,7ect
3 No rare or endangered aPeces of flora or'-fauna .are known--
nown t4 nhabi t the
:site. :No signi :ficant.%trees are present' o.n the property;
4. The proposali wi_,11 no -t have any impact on known -hi store cal or cultural
Y
, r•resoq,j►^,Ces ! ! c.fsY� a,'y'�•t; �], i ]'ci �. ,e• ° /,,.1 S �~ J 'r f . -i y i,..
a" F j ,•. '1�. <i 6'�`.f<f . +'`' t °.1•'�.�rV'•-,.4F �,y"l 'y �i'�ttYZ`t{� {. •.: ti•�.,•, Lt� rj - t 11 t• '", ! t
r .
5 Based 'on 'a ;traffi :cf stu'dy� forr ..thi :s.'.prolect } there 7s `suff- icient� capacity
;.in ,the trans orta•ti,on °s stem to -accomodate traffic = 'generated by this'.
Prodect `
• - (. �i ir. Fti a 1. _.' - -, .- ..- ._
r 1
Gary J = Schoennaue :r-
I+
r4 Director .of P1 anni ng
Date. June 11, 19.87
epu y :
H 87,3.-39"_-'---z-
- ;• . _
.-A
PR _
Cr
7
RA
I
EXHIBIT A
H
Property to' -be designated CR
and eventually annexed,
into Saratoga
C—N,
C
Lwamna&m D..
f
0' ' 20
SAN JOSE TO SARATOGA
Beginning at the point of intersection of a southwesterly line which is
parallel with and 210.00 feet distant northwesterly, measured at right
angles, from the northwesterly line of Saratoga Avenue (100 feet wide)
with the southwesterly right- of-way line Lawrence Expressway; thence
running southeasterly along said southwesterly right -of -way line of said
Lawrence Expressway to it's continuation of the former westerly line of
Quito Read which is 20.00 feet westerly measured at right angles from the
centerline of Quito Road (as it existed at 40.00 feet wide); thence
southerly along said former westerly line of Quito Road to it's intersection
with the easterly prolongation of the northerly line of Lots 36, 37, 38
and 39 of Block 1, Tract No. 669, El Quito Park, a map of which is filed
for record in Book 24 of Maps, pages 43,-44 and 45, Santa Clara County
Records; thence running westerly along said easterly prolongation of said
northerly line of Lots 36, 37, 38 and 39 and continuing westerly along
said northerly line of Lots 36., 37, 38 and 39 to the easterly corner of
Lot 1 of said Block 1, Tract No. 669, E1 Quito Park; thence northwesterly
along the northeasterly lot lime of said Lot 1 and the northwesterly pro-
longation thereof to its point of intersection with the centerline of
Saratoga Avenue; thence northeasterly along said centerline of Saratoga
Avenue to the point of intersection thereof with the southerly line and its
easterly prolongation of that certain 22.0 acre parcel conveyed to Paul C.
Staffani et ux by Deed recorded in Book 3130, Official Records, page 485,
Santa Clara County Records; thence westerly along said easterly prolongation
and said southerly line of the 22.0 acre parcel to-the intersection of said
southerly line with a lire parallel with and 210.00 feet northwesterly of,
measured at right angles, the northwesterly line of Saratoga Avenue (100
feet wide); thence northeasterly along said parallel line, 210.00 feet
northwesterly, measured at right angles, from the northwesterly line of said
Saratoga Avenue to the intersection with the southwesterly right- of-ray line
of Lawrence Expressway, and the point of beginning.
0 Ali
PLANNING COMMISSION MEETING Page 6
SEPTEMBER 23, 1987
_ PUBLIC HEARINGS Continued
16. GP -87 -002 City of Saratoga, Planning Commission consideration of an amendment
ZC -87 -602 to the General Plan to establish a retail commercial designation on
approximately 4.42 acres of partially developed property and prezonc the
property to CN, neighborhood commercial. A Negative Declaration has
been prepared for die project.
Planning Director Hsia,presented Report to Planning Commission, September 23, 1987.
The City Attorney reviewed the status of this Application and advised the Commission of the
limitations of this Hearing. lie suggested that those opposed to the annexation present testi-
mony to City Councils of the respective cities and to the Local Agency Formulating
Commission (LAPCO).
The Public Hearing was opened at 9:22 P.M.
Mr. D.V. Christensen, 20141 Pierce Rd., Saratoga, presented a letter of September 2, 1987,
and summarized that he wished his commercial property to remain within the City of San Jose,
He reviewed allowed uses and noted the financial impacts of differing commercial zones.
In response to Mr. Christensen's remarks, the City Attorney commented that the proposed
annexation was not solely to accommodate Mr. John Gatto, Commercial Property Owner, in
fact, Mr. Gatto already had the necessary project approvals from both Saratoga and San Jose.
Mr. Gene Zambetti noted the impacts of this annexation on Mr. Christensen; namely, that the
CN "Zoning District was not on a parity with the existing C -1 Zoning Ordinance of San Jose.
SIEGFRIED /BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:35 P.M.
Passed 6 -0.
B URGER/SIEG FRIED MOVED TO RECOMMEND APPROVAL OF GP -87 -002. Passed6 -0
BURGER/SIEGFRIED MOVED TO RECOMMEND APPROVAL OF ZC -87 -002. Passed 6 -0
� _ 2 7
RESOLUTION NO. GP -87 -002
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SARATOGA RECOMMENDING AN
AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT
DESIGNATING "TRIANGLE NORTH" AS RETAIL COMMERCIAL (CR)
WHEREAS, The City of Saratoga has determined that it is in the public
interest to reestablish the city limit lines between San Jose and Saratoga
in a more logical configuration along the Lawrence Expressway at the north
and Quito Road at the east; and
WHEREAS, the property to be annexed into Saratoga currently has no
General Plan designation; and
WHEREAS, the Planning Commission has determined that the area should
be designated retail commercial (CR) to be consistent with the existing and
approved uses on the properties; and
WHEREAS, the City of Saratoga Planning Commission reviewed the draft
negative declaration and found there are no adverse impacts on, the
environment as a result of the proposal; and
WHEREAS, the Planning Commission has held a public hearing in accord
with Government Code Section 6S3S:1 and reviewed the proposed amendment to
the Land Use designation;
NOW, THEREFORE, BE IT RESOLVED the Planning Commission recommends that
the City Council amend the Land Use designation'of the property shown on
exhibit A to retail commercial (CR).
The above and foregoing resolution was regularly adopted by the
Saratoga Planning Commission on the 23rd .*of September, 1987, by the
following vote:
AYES: Ch.ai'r Harris-,-Commissioners Burger, Guch,.Kolstad, Si'egfri.ed & Tucker -
NOES: None
ABSENT:
ABSTAINED
Commissioner Clay
Chai an, Planning Commission
PROspec
EXHIBIT A
Property-to-be prezoned
and eventually annexed,
into Saratoga
C—N C IV
UjQRns&" C.".
r
RESOLUTION NO. ZC -87 -002
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SARATOGA RECOMMENDING RE-
ZONING OF CERTAIN TERRITORY WITHIN THE CITY
OF SARATOGA
APN 386- 23- 36 -38, 40; 386- 11- 46 -48. SO -S2
"TRIANGLE NORTH"
The Planning Commission of the City of Saratoga hereby resolves as
follows:
Section 1: That certain real property referred to in the attached
Exhibit "A" is recommended to be rezoned to C -N, neighborhood commercial.
Section 2: The reasons for such recommendation are as follows:
All Properties are developed or approved for developpment in a manner
consistent with the neighborhood commercial zone designation.
Section 3: Zoning is consistent with the recommended general plan
designation CR, retail commercial, per Resolution GP -87 -002.
The above and foregoing resolution was passed and adopted by the
Planning Commission of the City of Saratoga on the 23rd of September,
1987, by the following vote:
AYES: Chair Harris, Commissioners Guch, Burger, Siegfried, Kolstad & Tucker
NOES: None
ABSENT: Commissioner Clay
Sec tary to the Planning Commission
E x b
SAN JOSE TO SARATOGA
Beginning at the point of intersection of a southwesterly line which is
parallel with and 210.00 feet distant northwesterly, measured at right
angles, from the northwesterly line of Saratoga Avenue (100 feet wide)
with the southwesterly right -of -way line Lawrence Expressway; thence
running southeasterly along said southwesterly right -of -way line of said
Lawrence Expressway to it's continuation of the former westerly line of
Quito Read which is 20.00 feet westerly measured at right angles from the
centerline of Quito Road (as it existed at 40.00 feet wide); thence
southerly along said former westerly line of Quito Road to it's intersection
with the easterly prolongation of the northerly lisle of Lots 36, 37, 38
and 39 of Block 1, Tract No. 669, El Quito Park, a map of which is filed
for record in Book 24 of Maps, pages 43, 44 and 45, Santa Clara County
Records,; thence running westerly along said easterly prolongation of said
northerly line of Lots 36, 37, 38 and 39 and continuing westerly along
said northerly line of Lots 36, 37, 38 and 39 to the easterly corner of
Lot 1 of said Block 1, Tract No. 669; El. Quito Park; thence northwesterly
along the northeasterly lot line of said Lot 1 and the northwesterly pro-
longation thereof to its point of intersection with the centerline of
Saratoga Avenue; thence northeasterly along said centerline of Saratoga
Avenue to the point of intersection thereof with the southerly line and its
easterly prolongation of that certain 22.0 acre parcel conveyed to Paul C.
Staffani et ux by Deed recorded in Book 3130, Official Records, page 485,
Santa Clara County Records; thence westerly along said easterly prolongation
and said southerly line of the 22.0 acre parcel to the - intersection of said
southerly line with a line parallel with and 210.00 feet northwesterly of,
measured at right angles, the northwesterly line of Saratoga Avenue (100
feet wide); thence northeasterly along said parallel line, 210.00 feet
northwesterly, measured at right angles, from the northwesterly line of said
Saratoga Avenue to the intersection with the southwesterly right-of-way line
of Lawrence Expressway, and the point of beginning.
LA "AHIBIT A
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1 Z92 1
OCT 13 1987
October 12, 1987
Mr. Don Peterson
Mayor, City of Saratoga
I, along with Mr. John E. Farrar, own a piece of commerical
property at Saratoga and Quito which is proposed to be
annexed into Saratoga.
Mr. Farrar and I are opposed to the annexation and wish to
speak against the proposal. The attached letter to your
Planning Commission outlines some of our concerns.
However, Mr. Farrar can not make the Council meeting due to
his wife's illness, and I will be out of the state on business.
We therefore request a continuance of one week to - -ct er-- -2&, 1987.
Respect ully yours,
-- iC iNSia:�
Dane V. Christensen
Attachment
September 21, 1987
Planning Commissioner
City of Saratoga
My name is Dane Christensen. Mr. John E. Farrar and I jointly
own the property located at Saratoga and Quito which is
currently in San Jose and is propsed to be de- annexed from
San Jose to Saratoga in a joint land swap..
- The property is currently occupied with a Shell
Service Station, Box Car Deli, Radio Shack and
Spirit Shop Liquors.
- We have owned this land since July 1, 1955. At the
request of the City Manager of San Jose, we petitioned
San Jose for annexation from the County of Santa Clara.
We were then annexed into San Jose by unanimous vote on
June 6, 1956. We later.dedicated a portion of our
parcel to San Jose on August 8, 1956 for road widening.
This, as I understand it, was all done prior to the
incorporation of Saratoga which, as we understand, was
incorporated on September 23, 1956.
- We and our tenants feel the City of San Jose has served
us well for these past 31 years, and wish to remain in
San Jose.
- We are pleased with the San Jose law enforcement depart-
ment and do not want Saratoga City services contracted
from the Sheriff's office at the far end of Saratoga's
boundry.
- We and our tenants believe the location and commerical
usage is more compatable with the other existing
commerical areas in and around our property, such as
Westgate Shopping Center, E1 Paseo, Westgate West and
Kato Center.
- The entire commerical environment in these areas are
interrelated and a part of the greater .San Jose sphere
of business influence. This business atmosphere serves
our present and future needs for the highest and best
use of the property.
1
- Saratoga is a prime residential community, however the
fringe of the city is not necessarily the best location
for a commerical development.
- Under our current San Jose City C -1 zoning, we enjoy
certain land uses that would be severly restricted in
the Saratoga C-N zoning, such as:
No drive thru in Saratoga, more stringent height
requirements on buildings and lower sign height
allowances, different parking standards, as well
as other restrictions. There are many uses under
C -1 which require a conditional Use Permit under
C -N.
- We have long range plans for our property which appear
to more closely aline themselves with San Jose than
Saratoga. It is our considered belief that over the
next 10 to 20 years, we would incur severe financial
losses if we were in the City of Saratoga as opposed
to San Jose. We want to continue to have our property
identified with San .Jose..
It is our understanding that on April 23 of this year,
the San Jose City Council voted to pursue the changes
in the master plan as requested by the City of Saratoga.
San Jose Councilwoman Lu Ryden's district is the one
that borders Saratoga. The Councilwoman's aide advised
us that the Councilwoman voted for the proposed change
in boundaries as she did not know of any opposition to
the change. We could not voice our opposition to the
change as we had no idea that such a change was contem-
plated. It is our understanding that the City of
Saratoga is responsible as the lead city for all filings,
notifications and costs that will be incurred for the
proposed changes (including the application to L.A.F.C.0).
Since the City of Saratoga or San Jose did not advise us,
as property owners, of the proposed change, we were
unable to make our opposition known to the City of
San Jose.
- We intend to voice our opposition to this proposed change
to the San Jose Planning Commission and the San Jose City
Council. If the reason for the City of Saratoga to annex
this property is to "Square Off" its city boundaries -
that thinking is inconsistent with the present annexation
of Quito Subdivision - Swa.thmore and Brookview North -
Prospect Road. Are changes contemplated in the cities
master plan to move these residential subdivisions back to
other cities?
2
We will actively pursue our interest in this matter and
if necessary, will retain legal council to advise us of
our rights as we believe this de- annexation will cause
us great financial harm in the future.
Respectively Yours,
Dane Christensen
20141 Pierce Road
Saratoga, CA 95070
(408 741- 0909)
0 uw O9 0& ° &UOOZ
13777 FRUITVALE AVENUE . SARATOGA. CALIFORNIA 95070
(408) 867 -3438
MEMORANDUM
TO: City Council DATE: 10/29/87
FROM: Yuchuek Hsia, Planning Director
SUBJECT: Triangle North Zone Districts
Per your request at the City Council Meeting of October 7, 1987,
attached please find a comparison of the zoning regulations of the
C -N and C -C districts in Saratoga with the C -1 zoning regulations
of the City of San Jose. Generally, the differences are as
follows:
1. Permitted Uses - the Saratoga's zone district includes most of
e permitted uses in the C -1 district of San Jose, with the
exception of gasoline stations, community centers, schools and
storage garage. The C -C zone lists fewer permitted uses than
either the C -N or C -1 zone uses but include mortuaries and
theatres which are not allowed in the other zones.
2. Conditional Uses - The C -N or C -C zone lists multi - family
dwellings as a conditional use while the C -1 zone in San Jose
does not. Hotels and motels, hospitals and nursery schools
and bed and breakfast establishments are conditional uses
common to all three zones. The C -N and C -C zones in Saratoga
require a use permit for gasoline stations and restaurants
with outdoor dining; in San Jose, these are permitted uses.
The C -1 zone in San Jose requires a conditional use permit to
operate a drive - through use such as eating establishments and
banks with automatic tellers; in Saratoga, drive - through
restaurants are not listed as a conditional or permitted use.
Setbacks San Jose's code is generally more restrictive.
Height The C -C zone allows 35' height with three stories; San
Jose's C -1 zone allows 35' with 2.5 stories. The C -N
zone is the most restrictive with 20' maximum height.
1
Memo to Mayor & City Council, 10/29/87
Triangel North Zone Districts
Structure
Coverage Only one zone, C -N, limits the structure coverage to
60 %. The C -C and C -1 zones have not limit.
Parking All three zones are the same.
Landscaping The C -N zone is the only zone that specifies minimum
landscaping along a street. The C -N and C -C zones
require more buffer between the commercial and
residential properties than the C -1 zone.
Hours of
Operation Only San Jose's C -1 limits the hours of operation in
the code; a use permit is required to operate after
12:00 midnight.
Conclusion
In general, Saratoga's C -N zone district is similar zone to San
Jose's C -1 regulations. In order to address Mr. Christianson's
concern, the commercial regulations would have to be amended to add
drive - through uses to the list of conditional uses in the district.
With respect to the height differences, the Planning Commission can
grant a variance to the height limit or the City can amend the code to
raise the height limit beyond 201.
k Hsia
ng Director
c /dsc
Attachment
2
Permitted
Uses
COMPARISON OF
ZONING CODE.REQUIREMENTS
Saratoga
C -N
retail, personal
services, financial
institutions, res-
taurants, profes-
sional, admin. and
medical offices,
clinics, religious
institutions
Condi- gasoline service sta-
tional tions, public build -
Uses ings and grounds, ho-
tels and motels, ani-
mal estb., restaurants
w /outdoor dining, bed
and breakfast estb.,
multi- family dwell-
ings, institutional &
community facilities
1
C -C
retail, personal ser-
vices, retaurants, .
mortuaries, theatres
financial insti-
tutions, profession-
al, administrative
& medical offices,
religious & chari-
table institutions,
gasoline service
stations, public
buildings & grounds,
hotels /motels, ani-
mal estb., restau-
rants w /outdoor
dining, bed & break-
fast estb., multi -
family dwellings,
instutional and
community facili-
ties, clincs
San Jose
C -1
banks, business
offices, cater-
ing, pressing
shops, self-ser-
vice dry clean-
ing shops, dress
making shops (no
factory), per-
sonal service
shops, public
eating estab.,
gasoline service
stations, com-
munity centers,
public and pri-
vate schools,
private club,
storage garages,
amusement game
devices (19 per
establishment)
hotels /motels,
artist studios,
hospitals, medi-
cal clinics,
swimming, golf &
tennis clubs, .
churches, ceme-
teries, public
garages, nursery
schools, day
care centers,
emergency resi-
dential shelters
bed & breakfast
inns, drive -
through uses
C -N
Required
setbacks
Saratoga
C -C
San Jose
C -1
Front 10 ft. or 0 ft. or
25 ft.*
15 ft. if site is 10 ft. if site is
adjacent to or across adjacent to or across
the street from resi- from residential or
dential or profes- professional office
sional office (PA) (PA) district
district
Side & No side yards or rear yard shall be required,
Side* -
Rear subject to the following exceptions:
interior
lots: 0 ft.;
(1) On a reversed corner lot abutting a lot in
corner
an A, R -1, HC -RD or NHR district, the
lots: 21.5 ft.
minimum exterior side yard shall be not
less than one -half of the required front
Rear -
yard of the abutting lot.
interior
lots: 25 ft.;
corner lots:
(2) Except as otherwise provided in Paragraph
25 ft.
(1) of this Subsection, on a lot abutting
an A, R -1, HC -RD or NHR district, the
minimum side yard or rear yard abutting
such other district shall be thirty feet.
(3) On a lot directly across a street or alley
from an A, R -1, HC -RD or NHR district, the
minimum side yard or rear yard adjacent to
such street or alley shall be ten feet.
Where a side or rear yard is required under any
of the foregoing provisions, one foot shall be
added to each required side yard and rear yard
for each two feet of height by which a
structure exceeds fourteen feet in height.
Height 20 ft. 35 ft. /3 stories max. 35 ft. /2.5
stories max.
Structure,
Coverage 60% no limit no limit
Parking
Retail 1/200 s.f. same as CN 1/200 sq. ft.
Office 1/250 s.f. same as CN 1/2.50 sq. ft.
*In certain cirumstances, the required front, side and rear setbacks may
vary depending on the location of the property. Please see the actual
ordinance for exceptions.
2
5
3
10/87
Saratoga
San Jose
C -N C -C
C -1
Land-
An area not less no regm't.
Landscaping
scaping
than 5 ft. in
is req'd. in
depth along all
all areas
property lines
that are not
that abut a street
part of the
shall be landscaped
building
with plant materials
pad(s) and
and /or improved with
parking areas
sidewalks or pathways
as required by the
Planning Commission
A minimum 10 ft. wide same as C -N
A 5 ft. high
landscaped strip and
masonry wall
6 ft. high fence,
or solid wood
wall or compact ever-
fence is req'd
green hedge is re-
along property
quired along property
lines abutting
abutting residentially
residentially
zoned property
zoned property
Hours
No limit No limit
Uses operating
of
after 12:00
Opera-
midnight re-
tion
quire a use
permit
3
10/87
0
c� a
k C�� Qq 0&i"1XQ)0Z
13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070
(4108) 867 -34:38
COUNCIL MEMBERS:
Karen Anderson
Martha Clevenger
Hlava
October 23 1987 Joyce
� David Moyl oyles
Donald Peterson
Mr. Dane Christensen
20141 Pierce Road
Saratoga, CA 95070
Subject: Annexation to Saratoga
Dear Darxe :.
The City Council, at its October 21, 1987, meeting, .
agreed to grant your request to continue the hearing
on this matter to November 4, 1.987. In discussing your
concern over zoning, the members of the Council seemed
to be sympathetic to your position and appeared to be
willing to seek ways to work to revise the zoning to
bring it more into line with San Jose'.s.
Staff was directed to prepare a report comparing the
C -1 zone in.San Jose with the C -N zone and C -C zone in
Saratoga to see what changes would have to be made and
which zone it might be best to modify. We also asked
the City Manager to meet with you prior to November 4,
1987, to attempt to reconcile your concerns.
Sincerel
Don Peterson
Mayor
jm
0919W o2 O&MEU(MOZ
13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070
(408) 867 -3438
October 23, 1987
Mr. Les White
Assistant City Manager
City of San Jose
801 N. First Street, Rm. 436
San Jose, CA 95110
Subject: Exchange of Territory between San Jose and Saratoga
Dear Les:-
COUNCIL MEMBERS:
Karen Anderson
Martha Clevenger
Joyce Hlava
David Moyles
Donald Peterson
As previously agreed, Saratoga has commenced proceedings to accomplish the boudary
adjustment between the two cities in the vicinity of Saratoga Avenue and Lawrence
Expressway. This involves the necessary general plan amendment and pre- zoning
actions being completed before LAFCO will accept an application for municipal
reorganization and set the matter for consideration.
We -have now been informed by our planning staff that the San Jose Planning
Commission held a hearing on this matter on October 14, 1987, and have recommended
that the San Jose City Council defer a decision on this matter until some time in
1988. The stated reason was that the owners of a portion of the property to be
annexed to Saraoga were opDOsed to such action because of Saratoga's more
stringent development regulations.
This property owner's objections are known to us (he is a resident of Saratoga),
and the City Council.has indicated a general willingness to try to work things out
with him.
However, If San Jose doesn't proceed with its actions relative to the portion of
the annexation presently part of Saratoga, we will be unable to file the
application with LAFCO.
There must be some way you can proceed, just as we are doing, without having to
make an irrevokable commitment on the part of San Jose until the hearing is held
before LAFCO.
Please advise and let me know San Jose's intentions as soon as possible.
Sin erely,
Harry R. eacock
City Manager
im
a
CITY MANAGER
CITY OF SAN JOSE5 CAL.II=®F&KIA OCT 2 1,.,
801 NORTH FIRST STREET 1'1 1 Y of ANA G E
SAN JOSE, CALIFORNIA 95110
(408 ) 277.4000 October 27, 19 8 7
Mr. Harry R. Peacock
City Manager
City of Saratoga
1.3777 Fruitvale Avenue
Saratoga, California 95070
Dear Harry:
Your letter of October 23, 1987
and questions regarding the exchange
San Jose: and Saratoga in the vicinity
Lawrence Expressway.
raises several concerns
of territory between
of Saratoga Avenue and
This proposal has been proceeding through the City's
Annual General Plan Review process.
It is my understanding that the owner of the property
proposed to be transferred to Saratoga is objecting to the
proposal based upon their concern that development standards
in Saratoga are more restrictive than in San Jose. In
addition, Councilmember Lu Ryden, who represents this area,
has expressed concerns about this exchange moving forward, as
there are objections from the affected property owners.
Given this situation, the Planning Director recommended that
the matter be deferred until such time that the City of
Saratoga could satisfy the apprehensions on the part of the
San Jose property owner.
As-a result of,that recommendation, the City Planning
Commission, on October 14, did in fact recommend that this
matter be deferred until next year's Annual Review, which
will take place in the Fall of 1988.
I would suggest that if the City of Saratoga is
desirous of this matter moving forward prior to the Fall of
1988, that you discuss with the concerned property owner an
appropriate resolution to his concerns. If that occurs prior
to November 19, the scheduled City Council public hearing on
this matter, it may still be possible for the City Council to
move forward with this proposal this year.
If you should have any further questions regarding this
matter, please contact either me or Gary Schoennauer,
Director of Planning.
Sin
de,^Wh'i to
ssistant City Manager
I
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: 10/21/87
ORIGINATING' DEPT.: City Attorney
AGENDA ITEM 9ZE7�
CITY MGR. APPROVAL
SUBJECT: Adoption of Model Floodplal.n Management Ordinance.
Recommended Motion:
Introduction and adoption of proposed ordinance..
Report Summary:
The City of Saratoga has long participated i.n the National
Flood Insurance Program, which allows the owners of properties
located within areas. of potential flooding to obtain flood in-
surance through the federal government. During the fall of last
year, the Federal Emergency Management Agency (FEMA) adopted new
regulations which thereafter were incorporated into a Model
Floodpia -in,; Management Ordinance prepared by the California
Department of Water Resources. All jurisdictions participating
in the National Flood Insurance Program were requested by the
Department to adopt a local ordinance consistent with the model
form. On July 13, 1987, a proposed -ordinance was furnished to
the Departme.nt of Water Resources by the City Attorney for review
and approval. The proposed draft basically followed the model
form, but with various re- visions to reflect the particular cir-
cumstances of Saratoga. The proposed draft was approved by the
Department on September 22, 1987 and should now be adopted by the
City Council. A copy of the adopted ordinance will then be fur-
nished to both the Department of Water Resources and the Federal
Emergency Management Agency.
Fiscal Impacts:
None.
Attachments:
(A) Proposed Ordinance;
(B) City Attorney transmittal letter to Department of Water
Resources dated July 13, 19'87.
Motion and Vote:
Staff recomTendation 5-0..
1
ORDINANCE NO. 71.
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
ARTICLE 16-66 TO CHAPTER 16 OF THE CITY CODE
PERTAINING TO FLOOD DAMAGE PREVENTION
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: A new Article 16 -66, entitled "Flood Damage Prevention," is
hereby added to Chapter 16 of the City Code, to read as follows:
"ARTICLE 16-66
FLOOD DAMAGE PREVENTION
Sections:
16- 66.010
Findings of fact
16- 66.020
Statement of purpose and methods
16- 66.030
Definitions
16- 66.040
General provisions
16- 66.050
Requirement for floodplain permit
16- 66.060
Designation of Floodplain Administrator
16- 66.070
Duties and responsibilities of Floodplain Administrator
16- 66.080
Standards of construction
16- 66.090
Standards for utilities
16- 66.100
Standards for subdivisions and building sites
16- 66.110
Floodways
16- 66.120
Variance procedure
16- 66.130
Conditions for variances
X16- 66.010 Findings of fact
The flood hazard areas of the City are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare. These flood losses are caused by the
cumulative effect of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
-1-
516 -66.020 Statement of purpose and methods
(a) Statement of purpose. It is the purpose of this Article to promote the
public health, safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
(7) To insure that potential buyers are notified that property is in an
area of special flood hazard; and
(8) To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(b) Methods of reducing flood losses. In order to accomplish its purposes,
this Article includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or
channel flood waters;
(4) Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
-2-
X16- 66.030 Definitions
(a) Unless specifically defined in Paragraph (b) of this Section, words or
phrases used in this Article shall be interpreted so as to give them the meaning they
have in common usage and to give this Article its most reasonable application.
(b) For the purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this Section:
(1) Appeal means a request for a review of the Floodplain
Administrator's interpretation of any provision of this Article or a
request for a variance.
(2) Area of shallow flooding means a designated AO or AH Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident.
(3) Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year (also called the 11100 -year
flood ").
(4) Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
(5) Breakaway walls are any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal,
plastic or any other suitable building material, which are not part
of the structural support of the building, and which are designed to
break away under abnormally high tides or wave action without
causing any damage to the structural integrity of the building on
which they are used or any buildings to which they might be carried
by flood waters. A breakaway wall shall have a safe design loading
resistance of not less than ten and not more than twenty pounds
per square foot. Use of breakaway walls must be certified by a
registered engineer or architect and shall meet the following
conditions:
(i) Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
(ii) The elevated portion of the building shall not incur any
structural damage due to the effects of wind and water loads
acting simultaneously in the event of the base flood.
(6) Development means any man -made change to improved or
unimproved real property, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
(7) Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from (1)
the overflow of flood waters, (2) the unusual and rapid
-3-
accumulation or runoff of surface waters from any source, and /or
(3) the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by
waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood, or by some similarly unusual
and unforeseeable event which results in flooding as defined in this
Paragraph.
(8) Flood Boundary and Floodway Map means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of flood hazard and
the floodway.
(9) Flood Insurance Rate Map (FIRM) means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
(10) Flood Insurance Study means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
FIRM, the Flood Boundary and Floodway Map, and the water
surface elevation of the base flood.
(11) Floodplain or flood -prone area means any land area susceptible to
being inundated by water from any source (see definition of
"flooding ").
(12) Floodplain management means the operation of an overall program
of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
(13) Floodplain management regulations means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations in any
combination thereof, which provide standards for the purpose of
flood damage'prevention and reduction.
(14) Floodproofing means any combination of structural and
nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real property or
improved real property, water and sanitary facilities, structures
and their contents.
(15) Floodway means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than one foot. Also referred to as "regulatory
floodway".
Me
(16) Functionally dependent use means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does
not include long -term storage or related manufacturing facilities.
(17) Highest adjacent grade means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
(18) Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage in
an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable non - elevation
design requirements of this Article.
(19) Mean sea level means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or
other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
(20) New construction means, for floodplain management purposes,
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
adopted by the City.
(21) One hundred year flood or 100 -year flood means a flood which has
a one percent annual probability of being equalled or exceeded. It
is identical to the "base flood ", which is the term used throughout
this Article.
(22) Person means any individual, firm, association, organization,
partnership, trust, corporation or company, or any agent of the
foregoing, or the State or its agencies or political subdivisions.
(23) Remedy a violation means to bring the structure or other
development into compliance with State or local floodplain
management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or
reducing Federal financial exposure with regard to the structure or
other development.
(24) Riverine means relating to, formed by, or resembling a river
(including tributaries), stream, brook, or creek.
(25) Special flood hazard area (SFHA) means an area having special
flood or flood - related erosion hazards, and shown on an FHBM or
FIRM as Zone A, AO, Al -30, AE, A99 or AH.
-5-
(26) Start of construction includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work
beyond the stage of excavation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main
structure.
(27) Structure means a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground.
(28) Substantial improvement means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(i) before the improvement or repair is started; or
(ii) if the structure has been damaged, and is being restored,
before the damage occurred.
For the purpose of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
(i) any project for improvement of a structure to comply with
existing State or City health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
(ii) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
(29) Variance means a grant of relief from the requirements of this
Article which permits construction in a manner that would
otherwise be prohibited by this Article.
(30) Violation means the failure of a structure. or other development to
be fully compliant with the community's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in this Article is presumed to be in violation
until such time as that documentation is provided.
-6-
X16- 66.040 General provisions
(a) Lands to which this Article applies. This Article shall apply to all areas
of special flood hazards within the City.
(b) Basis for establishing areas of special flood hazard. The areas of special
flood hazard identified by the Federal Emergency Management Agency or the
Federal Insurance Administration in a scientific and engineering report entitled
"Flood Insurance Study for the City of Saratoga, California," dated July, 1978, with
an accompanying Flood Insurance Rate Map is hereby adopted by reference and
declared to be a part of this Article. The Flood Insurance Study and Flood Insurance
Rate Map are on file in the office of the City Engineer. The areas described or
shown in the Flood Insurance Study and Flood Insurance Rate Map are the minimum
areas of applicability of this Article and may be supplemented by studies for other
areas which allow implementation of this Article and which are recommended to the
City Council by the Floodplain Administrator.
(c) Compliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of
this Article and other applicable regulations. Violations of the provisions of this
Article by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute
a misdemeanor. Nothing herein shall prevent the City Council from taking such
lawful action as is necessary to prevent or remedy any violation.
(d) Abrogation and greater restrictions. This Article is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this Article and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(e) Interpretation. In the interpretation and application of this Article, all
provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under
State statutes.
(f) Warnings and disclaimer of liability. The degree of flood protection
required by this Article is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man -made or natural causes.
This Article does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This
Article shall not create liability on the part of the City or any officer, official, or
employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this Article or any administrative decision lawfully
made hereunder.
-7-
(g) Severability. This Article and the various parts thereof are hereby
declared to be severable. Should any section of this Article be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of
the Article as a whole, or any portion thereof other than the section so declared to
be unconstitutional or invalid.
X16- 66.050 Requirement for floodplain permit
(a) Requirement for permit. A floodplain permit shall be obtained before
construction or development begins within any area of special flood hazards
established in Subsection 16- 66.040(b). The floodplain permit may be issued
separately by the Floodplain Administrator or may be incorporated into and issued
by the Planning Commission as part of a subdivision or building site approval granted
pursuant to Chapter 14 of this Code or a use permit, variance, or design review
approval granted pursuant to Chapter 15 of this Code.
(b) Application for permit. Application for a floodplain permit shall be
made to the Floodplain Administrator on such form as he shall prescribe. The
application shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council. The application shall include
the following:
(1) A site plan drawn to scale, showing the nature, location and
dimensions of the site, the contours of the site at intervals of not
more than five feet, and the location of existing or proposed
structures, fill, and drainage facilities.
(2) Proposed elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures; in Zone AO, elevation
of highest adjacent grade and proposed elevation of lowest floor of
all structures.
(3) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed.
(4) All appropriate certifications listed in Subsection 16- 66.070(d) of
this Article.
(5) Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
(6) Such additional exhibits or information as may be requested by the
Floodplain Administrator.
S16- 66.060 Designation of Floodplain Administrator
The Planning Director is hereby appointed as the Floodplain Administrator,
with full power and authority to administer and implement the provisions of this
Article.
so
X16- 66.070 Duties and responsibilities of Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include,
but are not limited to, the following:
(a) Permit review. Review all development proposals to determine that:
(1) The permit requirements of this Article have been satisfied;
(2) All other required State and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying
capacity of the floodway. For purposes of this Article, "adversely
affects" means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the
base flood more than one foot at any point.
(b) Use of other base flood data. When base flood elevation data has not
been provided in accordance with Subsection 16- 66.040(b), the Floodplain
Administrator shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a federal, State or other source, in order to
administer the standards set forth in Sections 16- 66.080, 16- 66.090, 16- 66.100 and
16- 66.110 of this Article. Any such information shall be submitted to the City
Council for adoption.
(c) Alteration or relocation of watercourses. Whenever a watercourse is to
be altered or relocated, the Floodplain Administrator shall:
(1) Notify adjacent communities and the California Department of
Water Resources prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration; and
(2) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
(d) Maintenance of records. Obtain and maintain for public inspection and
make available as needed the following certifications:
(1) The certification required in Subsection 16- 66.080(c)(1) (floor
elevations);
(2) The certification required in Subsection 16- 66.080(c)(2) (elevations
in areas of shallow flooding);
(3) The certification required in Subsection 16- 66.080(c)(3)(iii)
(elevation or floodproofing of nonresidential structures);
(4) The certification required in Subsection 16- 66.080(c)(4)(i) or 16-
66.080(c)(4)(ii) (wet floodproofing standard);
-9-
(5) The certified elevation required in Subsection 16- 66.100(b)
(subdivision standards);
(6) The certification required in Subsection 16- 66.110(a) (floodway
encroachments).
(e) Determination of boundaries. Make interpretations where needed, as to
the exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in Paragraph
(g) of this Section.
(f) Remedy of violations. Take action to remedy violations of this Article,
as specified in Subsection 16- 66.040(c).
(g) Appeals. Any decision or determination by the Floodplain Administrator
made pursuant to this Article may be appealed to the Planning Commission. Such
appeals shall be governed by the procedure set forth in Article 15 -90 of Chapter 15
of this Code and, in addition thereto, the Planning Commission shall be guided by
the considerations listed in Subsection 16- 66.120(b) of this Article.
(h) Lssuance of permits by Planning Commission. In the event a floodplain
permit is issued by the Planning Commission, as provided in Subsection 16- 66.050(a),
the Commission shall make the determinations prescribed in Paragraph (a) of this
Section with respect to such permit.
516- 66.080 Standards of construction
In all areas of special flood hazards, the following standards are required:
(a) Anchoring. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(b) Construction materials and methods.
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
(3) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
-10-
(4) Within Zones AH or AO, adequate drainage paths shall be
constructed around structures on slopes to guide flood waters
around and away from proposed structures.
(c) Elevation and floodproofing.
(1) New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated to or
above the base flood elevation. Nonresidential structures may
meet the standards in Subparagraph (c)(3) of this Section. Upon the
completion of the structure the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, or verified by the City's building inspector to
be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
(2) New construction and substantial improvement of any structure in
Zone AH or AO shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM, or at least two feet if
no depth number is specified. Nonresidential structures may meet
the standards in Subparagraph (c)(3) of this Section. Upon the
completion of the structure the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, or verified by the City's building inspector to
be properly elevated. Such certification or verification shall be
provided to the Floodplain Administrator.
(3) Nonresidential construction shall either be elevated in
conformance with Subparagraph (c)(1) or (c)(2) of this Section or
together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(ii) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Floodplain
Administrator.
(4) Require, for all new construction and substantial improvements,
that fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed either of the following minimum criteria:
-11-
(i) A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom of all
openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters; or
(ii) Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
X16- 66.090 Standards for utilities
(a) All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters into the system and
discharge from systems into flood waters.
(b) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
X16- 66.100 Standards for subdivisions and building sites
(a) All applications for tentative subdivision or tentative building site
approval shall identify the flood hazard area and the elevation of the base flood.
(b) All final subdivision or building site plans shall indicate the elevation of
proposed structures and pads. If the site is filled above the base flood, the final pad
elevation shall be certified by a registered professional engineer or surveyor and
provided to the Floodplain Administrator.
(c) All subdivision and building site proposals shall be consistent with the
need to minimize flood damage.
(d) All subdivision and building site proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(e) All subdivisions and building sites shall provide adequate drainage to
reduce exposure to flood hazards.
X16- 66.110 Floodways
Located within areas of special flood hazard established in Subsection 16-
66.040(b) are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
-12-
(b) If the requirements in Paragraph (a) of this Section are satisfied, all new
construction and substantial improvements shall comply with all other applicable
flood hazard reduction provisions set forth in Sections 16- 66.080, 16- 66.090 and 16-
66.100 of this Article.
516- 66.120 Variance procedures
(a) The Planning Commission shall hear and decide requests for variances
from the requirements of this Article.
(b) In making its decision on a variance application (or on an appeal to the
Planning Commission taken pursuant to Subsection 16- 66.070(g) of this Article), the
Planning Commission shall consider all technical evaluations, and all relevant
factors and standards specified in this Article, and shall also be guided by the
following considerations:
(1)
The danger that materials may be swept onto other lands to the
injury of others;
(2)
The danger of life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to
the community;
(5)
The availability of alternative locations for the proposed use which
.are not subject to flooding or erosion damage;
(6)
The compatibility of the proposed use with existing and anticipated
development;
(7)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(8)
The safety of access to the property in time of flood for ordinary
and emergency vehicles;
(9)
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(10)
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
(c) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one -half acre or less in size contiguous to
and surrounded
by lots with existing structures constructed below the base flood
level, providing
the items listed in Paragraph (b) of this Section have been fully
considered. As the lot size increases beyond one -half acre, the technical
justification required
for issuing the variance increases.
-13-
(d) The Floodplain Administrator shall maintain the records of all actions by
the Planning Commission under this Article and report any variances to the Federal
Insurance Administration upon request.
X16- 66.130 Conditions for variances
(a) The Planning Commission may impose such conditions upon the granting
of a variance as it deems necessary to further the purposes of this Article and to
make the determinations set forth in Paragraph (b) of this Section.
(b) Variances shall only be issued upon a showing of good and sufficient
cause and upon a determination by the Planning Commission that:
(1) Failure to grant the variance would result in exceptional hardship
to the applicant.
(2) The variance is the minimum necessary, considering the flood
hazard, to afford relief.
(3) The granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing ordinances of the City.
(c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed in the National Register of Historic Places or the
State Inventory of Historic Places without regard to the procedures set forth in this
Section.
(e) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that the provisions of this Section are satisfied and that the
structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
(f) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation. The applicant shall also be required to execute an indemnity agreement
to hold the City harmless from any claim, cause of action, liability, cost, expense or
damage arising from or in any manner relating to the granting of the variance. A
copy of the notice and the original indemnity agreement shall be recorded by the
Floodplain Administrator in the office of the County Recorder and shall be recorded
in a manner so that they appear in the chain of title of the affected parcel of land."
-14-
SECTION 2: This Ordinance supersedes all prior ordinances and resolutions
adopted by the City pertaining to the participation by the City in the National Flood
Insurance Program, including specifically, Resolution No. 677, adopted on September
19, 1973, Resolution No. 677 -1, adopted on May 1, 1974, and Resolution No. 677 -2,
adopted on December 20, 1978.
SECTION 3: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council held on the day of , 1987, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
-15-
MAYOR
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
ROBERT K. BOOTH, JR.
STEVEN G. BAIRD
Mr. Gene Serr
Dept. of Water Resources
Northern District
2440 Main St.
Red Bluff, CA 96080
ATxzrTsoN FAxsir;:_.:_
AiTTOR.N.EY.S AT_LA.W.-
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
14151 967 -5941
July 13, 1987
J. M. ATKINSON. (1892 -1982)
L. M. FARASYN, 0915 -19791
RE: Adoption of Model Floodplain Management Ordinance by the City of Saratoga
Dear Mr. Serr:
Enclosed herewith is a proposed draft of a floodplain management ordinance to
be adopted by -the City of Saratoga, together with a completed ordinance review
form. We have basically followed the model ordinance furnished by your
department, with some revision as hereinafter described. In order to facilitate your
review, I am enclosing an extra copy of the ordinance with handwritten notations
indicating additions, deletions or revisions to the model form. The changes we have
made are as follows:
1. In accordance, with the notes which accompanied the model ordinance,
all of the provisions contained therein relating to areas of special flood -
related erosion hazard, areas of mudslide and coastal high hazard areas
have been deleted, since none of these areas is shown on the FIRM map
prepared for the City of Saratoga.
2. All references to a "development permit" have been changed to
It permit" in. order to avoid confusion with other forms 'of
permits issued by the City for development of real property.
3. The process for issuance of a, floodplain permit has been revised to give
concurrent jurisdiction to the .Saratoga Planning Commission, where that
Commission is already acting upon a subdivision or building site proposal
or a use permit, variance or design review application. In these cases,
the floodplain permit would be issued by the Commission as part of its
action on the development proposal, and the Commission would be
required to make the determinations set forth in Subsection 16- 66.070(a)
of the ordinance. Where a floodplain permit is issued by the floodplain
administrator, all decisions and determinations by the administrator are
appealable to the Planning Commission (in accordance with the appeal
procedures set forth in the Saratoga zoning ordinance) and any variance
from the floodplain regulations must be granted by the Planning
Commission.
_- - - - -- -'Mr. Gene -S-err -
- July -13, 1987.
4. All references to manufactured homes have been deleted, since there are
no mobile home parks located within the City of Saratoga. If a property
owner desired to install a manufactured home upon a single site, the City
would apply the same construction standards as would be applied to any
other single - family dwelling. This approach would automatically address
the standards contained in Section 5.4 of the model ordinance. The
requirements that the home be elevated so that the lowest floor is at or
above the base flood elevation and that the home be securely anchored
to a permanent foundation would be imposed under Subsections 16-
66.080(a) and 16- 66.080(c)(1) of the Saratoga ordinance. Similarly, the
requirement that all manufactured homes shall be installed using
methods and practices which minimize. flood damage would be imposed
under Subsection 16- 66.080(b)(2) of the Saratoga ordinance.
5. The City of Saratoga has customarily required an indemnification
agreement whenever any construction is allowed within a floodplain
area. A provision to this effect has been included in the ordinance.
Upon your advice that the draft ordinance is satisfactory as to form and
substance, we will present the same to the:Saratoga City Council for adoption.
e tr y yours
Harold S. Toppel
.s
Saratoga City Attorney
HST /sc
Encs.
cc: Harry Peacock, City Manager'
Robert Shook, City Engineer
Yuchuek •Hsia, Planning Director
0
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: 10/21/87
ORIGINATING DEPT: ENGINEERING
SUBJECT: Establishing Mail Deposit Zone on Saratoga
Recommended Motion:
AGENDA ITEM 5(1-11
CITY MGR. APPROVAL/-
Adopt Ordinance No. 71. an Ordinance to amend Section 9 -15.13 of the City
code by'designating an additional Mail Deposit Zone.
Report Summary:
As a result of a request from the Postmaster for a mail collection box to be
located on Saratoga Avenue across the street from the Post Office, the Engineering
Department and the Public Safety Commission supports the establishment of said mail
deposit zone. The creation of this zone will eliminate some of the present parking
dilemma at the Post Office by allowing people wishing to mail a letter to use the curb-
side mail deposit box, and not dark. their cars either across the street from the Post
Office; behind the Post Office or double "pirk.
The existing mail deposit zone on Big Basin Way will be retained as such.
Fiscal Impacts:
The cost to paint approximately 45 lineal feet of curb is minimal. (Less than $50.00)
Attachments:
1. Ordinance No. 71. ,
2. Location Map.
3. Letter from Postmaster.
4. Letter from management of building across the street from Post Office.
Motion and Vote:
Staff recom endation 5 -0.
The City Council of the City of Saratoga hereby ordains as follows:
St,CTION 1: 1 Paragraph (c) of the Section 9- 15.130 in Article 9 -15.of the City
Code is amended to read as follows:
"(c) Designation of mail deposit zones. The following portions of the public
streets in the City listed below are designated as mail deposit zones subject to the
restrictions of this Section:
Name cf Street Description
Big: Basin Way The south side of Big Basin Way, directly in
front of the Saratoga Village shopping
center commencing with the west entrance
to that center and extending eastward
approximately 40 feet to the edge of the
exit to the same.
Saratoga Avenue The northerly side of Saratoga Avenue from
I point approximately 185 feet from the
easterly curb line of Saratoga /Sunnyvale
Road to a point approximately 230 feet
from said easterly curb line."
SECTION 2: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
s s s s s
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of 'the City Councl held on the day of ,
:987, by the following vote:
AYES:
NOES
ABSENT-
ABSTAIN:
MAYOR
A t pest:
CITY CLERK
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United States
Postal Service
'Mr. Robert S. Shook
Engineering Department
City Of Saratoga
13777 F u- itvale Avenue
SARA1TOGA CA 95070
Dear Mr. Shook,
I would like to request permission to place a collection box on
Saratoga Avenue across the street frat the Village Station.
Presently this area that I have in mind-is painted red to allow
for the flow of cars -to make right hand turns onto Saratoga -
Sunnyvale Road. T would like suggestions as to where the box
should be placed to minimize any potential hazards:
I feel that a collection box needs to be placed at -this location
for the convience of the citizens of our community. At present
there are two collection bones in the alley by. the Village Station,
but since vae have moved the Main Office from that location and
limited the exit from the alley to only a right hand turn, it'has
made it necessary for people to walk across Saratoga Avenue to
mail their letters. The collection boxes that I am requesting
would help to eliminate this problem.
Thank you in advance for any assistance you can give me in this
mat-ter.
Sincerely,
Charles Mirrione
Postmaster
SAtZATOGA CA 95070 -9998
867 -3086
P.S. I talked to Mr. Erman Dorsey about this on 2- 20 -87.
�rf- V r. fli.J iY/
Y
margaret howard
14375 saratoga avenue, suite a
saratoga, california 95070
phone: (408) 741 -1051
February 25, 1987
Robert Shook
Engineering Department
City of Saratoga
13777 F.ruitva.le -Avenue
Saratoga, Ca. 95070
Dear Sir,
I am responsible for the management of the building where my
office is located, across the'street from the Post Office in
the village. We have a great deal of difficulty due to post
office patrons using our parking lot. The lot is posted,
"Tenant Parking Only ", but this is ignored.
I have requested that the Post .Master put a sign in the post
office asking that post office patrons do not park here. Also,
it would be helpful if drive -up boxes could be placed on Sara-
toga Avenue and diagonal parking stipes could be painted there.
Persons wishing to go to the post office then would not be
obliged to park here and go across the street. It has been
my observation that limited parking is usually - available in
front of,post "office buildings. Why not here?
The present situation not only creates an annoyance to those
of us who rent space in this building and are entitled to
park here, but is actually a hazard. I have seen mothers with
babies in their arms and leading a child by the hand jay- walking
to get to the post office!
Your attention to this matter would be appreciated.
Very truly yours,
Margaret Howard
complete real estate services
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 13 5-3
MEETING DATE: October 21, 1987
ORIGINATING DEPT: City Attorney
AGENDA ITEM
CITY MGR. APPROVAL
(0 �>
SUBJECT: Agreement with Saratoga Area Senior Coordinating Council Concerning
Use of Senior Center Addition.
Recommended Motion:
Approval of revised Agreement SASCC.
Report Summary:
On July 15, 1987, the City Council approved a proposed draft of an Agreement
between the City and the Saratoga Area Senior Coordinating Council concerning
use of the Senior Center and the financial contribution to be made by SASCC
toward the cost of constructing the new addition. The form of Agreement was
acceptable to SASCC, except for the provision relating to indemnification of the
City against any liability claims arising from the use and operation of the Senior
Center by SASCC. Under State law, the officers and directors of SASCC do not
enjoy absolute immunity from liability claims (although their extent of immunity
has now been increased by recent legislation adopted as part of the Tort Reform
package which the Governor has signed into law). The directors of SASCC,
particularly Dick Drake, are concerned over the possibility of a liability claim
which exceeds the extent of insurance coverage, and therefore may present some
personal exposure. SASCC has therefore requested that the obligation to
indemnify be limited to the extent of available insurance proceeds so that the
personal assets of its officers and directors would not be placed at risk.
Paragrapr$3 of the Agreement has been modified to include such limitation.
SASCC has also encountered some difficulty in obtaining the exact form of
endorsement to its liability insurance policy as originally requested by the City
(as based upon a form suggested by ABAG). Paragraph 4 of the Agreement has
therefore been changed to provide that the endorsement must be in form and
substance satisfactory to the City.
Fiscal Impacts:
None.
Attachments:
Revised Agreement.
Motion and Vote:
Staff. recanvmdatim .5-0..
5C
r.
AGREEMENT BETWEEN CITY OF SARATOGA AND
SARATOGA AREA SENIOR COORDINATING COUNCIL
IN CONNECTION WITH CONSTRUCTION AND FURNISHING
THE 1987 ADDITION TO THE SARATOGA SENIOR CENTER.
AND OPERATION OF THE CENTER
This Agreement made and entered into this day of
, 1987, by and between CITY OF SARATOGA, a municipal
corporation, hereinafter referred to as "City" and SARATOGA AREA.
SENIOR COORDINATING COUNCIL, a non- profit corporation.,
hereinafter referred to as "SASCC" for construction, furnishing
and operation of the Senior Center including an addition to the
building and 'space known as the senior wing of. the Saratoga Com-
munity Center.
WHEREAS, City has caused to have constructed an addition of
approximately 2,700 square feet to the existing Senior Wing of
the Community Center for the primary use of Senior Citizens and
to house an Adult Day Care Center, a dietary kitchen, enlarged
meeting room and improved storage space, and
WHEREAS, partial funding for
from State Bond Act Funds, from
Funds and City's operating budget
for estimated cost of design and
quisition of necessary furniture,
equipment, and
the project is to be obtained
City's Community Development
but which leaves a shortfall
construction and for the ac-
furnishings, appliances and
WHEREAS, the current agreement dated May 8, 1981, for fur-
nishing and operating the Center is obsolete and in need of
revision,
NOW, TH- EREFORE, it is hereby agreed by and between the
parties hereto as follows:
A. City shall:
1. Own and control use of the Center including furniture
and equipment except as stated otherwise in this
Agreement. It shall insure as for any other City
property, all items of equipment, furniture, furnish
ings and supplies which it owns, however acquired.
2. Underwrite all costs for the design, advertising,
printing, construction, construction inspection and
project administration to complete the project known as
the Senior Center Addition awarded to Swanson Construc-
tion by the City on March 18, 1987.
1
3. Provide maintenance and security of the Center and its
contents.
Cen�er
4. Schedule the Saratoga Senior Center and the Senior -may
Addition for the exclusive use of SASCC from 8 A.M. to
5 P.M. on.Monday through Friday of each week. City us -e,
of these premises during such time shall be only with
the prior consent of SASCC.
5. Designate a staff member to serve as liaison between
City and SASCC to assist in coordinating senior program
operation at the Center.
6. Provide facilities in the City's Community Center free
of charge to SASCC, on a space available basis for the
purpose of fund raising activities related to the Cen-
ter or the City.
B. SASCC shall:
1. Designate an individual or individuals to serve in the
capacity of liaison to the City.
2. Select and purchase furnishings, furniture and equip-
ment except that which is to be included in the con-
struction contract.
3. Indemnification of City. SASCC agrees to indemnify and
hold City, its officers, officials, employees,
volunteers, boards and commissions free and harmless
from and against any and all claims, demands, causes of
action, damages, liabilities, costs or expenses
(including the expense of attorney's fees for defending
any action brought against City or any of its officers,
officials, employees, volunteers, boards or
commissions), arising out .of or in any manner relating
to the use and maintenance of the Senior Center by
SASCC. The liability of SASCC hereunder shall not
exceed the amount of insurance proceeds City may be en-
titled to collect under the liability insurance policy
to be furnished by SASCC under Paragraph B4 of this
Agreement.
4. Insurance. During the term of this Agreement, SASCC
shall maintain in full 'force and effect broad form com-
prehensive liability insurance providing occurrence
coverage of not less than $1,00'0,000 combined single
limit per occurrence for' bodily injury, personal injury
and property damage. SASCC shall furnish to City an
endorsement to such policy in form and substance satis-
factory to City.
2
r.
5. Reimburse -City for the cost of design, advertising,
printing, construction, construction inspection and
project administration in excess of $209,890 up to a
maximum reimbursement of $60,000. The actual amount
shall be determined on completion of the project.
Reimbursement shall be paid to City in five equal an-
nual installments beginning January 2,' 1988, and con -
tinuing on the 2nd day of January 1989, 1990, 1991, and
1992.
6. SASCC may be the recipient from time to time of certain
items such as paintings,.ant:iques and objects of art as
memorials, gifts or bequests. Title to any such items
shall be retained by SASCC. SASCC shall maintain an
up -to -date inventory of all such items and keep a copy
of the inventory on file with the City Clerk. SASCC
agrees that City is under no obligation to either in-
sure said items or replace or repair them if lost or
damaged.
C. General Conditions.
1. Tt is understood that SASCC is a non- profit organiza-
tion and has not been given and is not given a lease of
said premises or a.ny part thereof and acquires no
easement, license or other interest in said property
owned or constructed by City.
2. This Agreement shall remain in full force and effect
for a period of five years or until SASCC has reim-
bursed all funds to City as required under this
Agreement, whichever occurs last. This Agreement shall
be renewed automatically on an annual basis thereafter
based on the fiscal year of City. After the expiration
of five years or after SASCC has reimbursed all amounts
owed to City, whichever occurs last, either party shall
have the right to terminate this Agreement by giving
written notice to the other no less than 90 days prior
to the start of the fiscal year for which termination
is sought.
3. Neither the Center nor any other City property shall be
used for any unlawful purpose or for purpose of promot-
ing private gain.
4. Although SASCC may have committees and sub - committees
to assist with the functions outlined herein, this
Agreement and all rights contained herein is non -
assignable by SASCC without the written consent of
City.
3
A
IT WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first written above.
Attest:
Attest:
CITY OF SARATOGA, a municipal corporation
By:
Mayor
SARATOGA AREA SENIOR COORDINATING COUNCIL
By:
President
City Clerk
SASCC Finance Chair
Approved:
City Attorney
4
-� Saratoga Area
SAS SENIOR COORDINATING COUNCIL
CC P. O. Box 3033 . Saratoga, California 95070
(408)867-3438 Ext. 57
MEMO: October 14, 1987
TO: Harry Peacock
FROM: Peggy Corr
9.
For several months our Officers and Directors have been
wrestling with the proposed contract between the City
and SASCC for operation of the Senior Center.
The one unresolved issue remains the indemnification
requirement in Paragraph B -3. As presently stated it
appears to pose too great a personal risk for SASCC and
its Officers and Directors.
After consulting with our own insurance carriers and City
Attorney, Hal Toppel, we have agreed that indemnification
would be acceptable if it were limited to the extent of our
insurance coverage. In addition to the liability insurance
we already carry, we are presently seeking additional
coverage for the Officers and Directors of the Corporation.
Enclosed is a copy of our additional insured endorsement
from National Union Fire Company.
We sincerely hope this modification of Item B -3 will meet
with your approval and be acceptable to the City Council
and we can proceed to execute our proposed contract.
Thank you for your patience in granting us the time to
resolve our differences to everyone's satisfaction.
ENDORSEMENT #1
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT, EFFECTIVE: 12:01 AM. 8 -27 -87 FORMS A PART OF
POLICY NO.: S 221 75 19 ISSUED TO: Saratoga Area Senior Coordinating Council
BY: National Union Fire Ins. Co.
IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS UNDERSTOOD AND AGREED THAT THE (ir
FOLLOWING IS ADDED AS ADDITIONAL INSURED(S) BUT ONLY AS RESPECTS A LEGALLY F
ENFORCEABLE CONTRACTUAL AGREEMENT WITH THE NAMED INSURED AND ONLY FOR
LIABILITY ARISING OUT OF THE NAMED INSURED'S NEGLIGENCE AND ONLY FOR
OCCURRENCES OF COVERAGES NOT OTHERWISE EXCLUDED I°N THE POLICY TO WHICH THIS
ENDORSEMENT APPLIES. '
.I
IT IS FURTHER UNDERSTOOD AND AGREED THAT IRRESPECTIVE OF THE NUMBER OF
ENTITIES NAMED AS INSUREDS UNDER THIS POLICY, IN NO EVENT SHALL THE
COMPANY'S LIMITS OF LTABILITY EXCEED THE OCCURRENCE OR AGGREGATE LIMITS
AS APPLICABLE BY POLICY DEFINITION OR ENDORSEMENT...
City of Saratoga
13717 Fruitvale Ave.
Saratoga, Ca. 95070
SARA.MGA u1su ANC gfttlltC�� IN,C.
12901 Saratoga AVa.
P.o. Box °28
j Sarstoga, CA 9x.71
BWL 5 (2/87)
ADDITIONAL PREMIUM CHARGE $ NIL
Ma S. Hatl y bs F
AUTHORIZED REPRE ENTATIVE ,.
7W
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. � AGENDA ITEM 4?,—D
MEETING DATE: 10/21/87 CITY MANAGER APPROVAL
ORIGINATING DEPT.: City Attorney
SUBJECT: DESIGNATION OF CITY MANAGER AS CITY TREASURER
Recommended Motion:
Introduction and adoption of
Manager as City Treasurer.
Ordinance designating the City
Report Summary:
In the past, the City Council has adopted resolutions desig-
nating the City Manager as City Treasurer. Section 2-20.030 of
the City Code designates the. City Manager as City Clerk, but no-'
corresponding provision is contained in the Code with respect to
the office of City Treasurer. The proposed ordinance will serve
to codify this designation, which previously has been handled by
Council resolution. The actual duties and responsibilities to be
exercised by the City Manager, while acting in the capacity of
City Treasurer, have not been changed.
Fiscal Impacts:
None.
Attachments:
Proposed Ordinance.
Motion and Vote:
Staff reconTiezdation 5 -0.
ORDINANCE NO. 7.1.' --
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
SECTION 2- 20.035 TO THE CITY CODE RELATING TO THE
DESIGNATION OF THE CITY MANAGER AS CITY
TREASURER
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: A new Section 2- 20.035 is added to Article 2 -20 of the City Code,
to read as follows:
"S2- 20.035 Manager to serve as City. Treasurer
The City Manager shall serve as City Treasurer and shall be responsible for
supervising all of the activities of the Finance Director, implementation of the
City's investment policy as adopted from time to time by the -City Council, and such
other duties and responsibilities as required by law to be performed by the City
Treasurer."
SECTION 2: This Ordinance is 'intended to codify all resolutions heretofore .
adopted by the City Council designating the City Manager as the City Treasurer and
such resolutions are superseded hereby and declared to be of no further force or
effect.
SECTION 3: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
The -above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council held on the day of ,
1987, by the following vote: .
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
Attest:
CITY CLERK
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: 10 -21 -87 -110-1 3-87
ORIGINATING DEPT: ENGINEERING DEPT.
AGENDA ITEM
CITY MGR. MGR. APr1P-_•1T7z,T ; *740lk
SUBJECT • Joe Waller Oak Place, "Tract Saratoga Park Lots" �y
Reversion to Acreage
Recommended Motion:
Staff recommends approval of Resolution Reversion to Acreage of Lot 9 and
10, "Tract Saratoga Park Lots ".
Repoft Summary:
1. Lot line between Lot 9 and 10 bisect the existing house on Oak Place and
the applicant of SD 87 -004 is required to eliminate the lot line to become
one lot on Oak Place in the R -1- 10,000 District.
2. Conduct public hearing the reversion to acreage and determine the merits
of the request.
Fiscal Impacts:
None.
Attachments:
1. Resolution No.
2. Propose Parcel--Map.
3. Location Map.
Motion and Vote:
Staff recommendation 5 -0.
RESOLUTTION NO.
RESOLUTION OF CITY COUNCIL OF THE CITY OF
SARATOGA REVERTING TO ACREAGE .CERTAIN LOTS
IN TRACT SARATOGA PARK LOTS, AND MAKING
FINDINGS IN SUPPORT THEREOF
WHEREAS, Joe Waller is the sole owner of Lots No. 9 and 10 of Tract
Saratoga Park.Lots and
WHEREAS, Joe Waller has requested that said real property be reverted
to acreage in the manner and form as set forth hereinafter; and
WHEREAS, on October 21, 1987, the City Council of the City of Saratoga
held a duly noticed public hearing as the request of Joe Waller for said reversion
to acreage, and after the closing of said public hearing,, reviewed and considered -
applicant's request, staff reports, the parcel maps submitted by Kier & Wright,
and other evidence presented to the Council at said public hearings:
NOW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES
as follows:
1. The City Council makes the following findings:
(a) Dedications or offers of dedication to be vacated or abandoned
by the reversion to acreage are unnecessary for present or
prospective public purposes.
(b) All owners of an interest in the real property being reverted
to acreage have consented to said reversion to acreage.
(c) No lots shown on the final map or parcel map have been sold
within five years from the date such map was filed for record.
2. Having made the above findings:
(a) Lots 9 and 10 are combined into one lot and returned to acreage.
The above and foregoing resolution, was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 21st day of October,
1987, by the following vote:
AYES:
NOTES:
ABSENT:
ATTEST:
City Clerk
MAYOR
Y
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REPORT TO PLANNING COMMISSION
v
FSD -87 -004, V -87 -003, DR -87 -036 JOE WALLER
14473 OAK PLACE
REVERSION TO ACREAGE•
317'
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