Loading...
HomeMy WebLinkAbout02-23-1983 CITY COUNCIL AGENDACITY OF SARATOGA 1 n/ Initial: AGENDA BILL /NO. ylo Dept. Hd. DATE: 2/23/83 C. Atty. DEPAR maiT: Community Development C. Mgr. -------------------- - - - - -- --- - - - - -- SUBJECT: Appeal of Planning Commission Denial of SD -1531, Wilson Developmen Tricia Way - Tentative Subdivision Approval - 9 Lots Issue Slmmary Applicant requested a.9 -lot subdivision with access via an extension of Tricia Way. The issues were; 1.) the Council settlement concerning the project; 2.) the traffic generated by the project.; 3.) access for the project - Saratoga /Sunnyvale or Tri6ia; 4.) the General Plan and Subdivision Ordinance policies regarding 15 lots on a cul -de -sac; 5.) the proposed sound wall; 6.) the cul- de -sic longer than 400' and; 7.) the number of lots. The Planning Commission denied the proposal on a split vote, with a majority favoring access from Tricia, but not 9 lots. Recommendation 1. Conduct a public hearing on the appeal. 2. Determine the merits of the - Appeal and approve ( with approval of the Negative Declaration prior to this action) or deny. 3. Staff recommended approval of the subdivision approval. Fiscal Impacts N/A Exhibits /Attachments 1. Letter of Appeal 2. Staff Report dated 1/6/83 3. Planning Commission minutes of 1/12/83 & 1/26/83 4. Exhibit "B -1" Council Action 5. Negative Declaration 6. Traffic Reports 7. Staff Reports, Planning Commission & City Council minutes on previous subdivision applications. 8. Correspondence received on the project. 3/2: Consensus to continue to Study Session April 26; public hearing tMay 4. 5/4: Mallory /Clevenger moved to direct staff to prepare resolution approving Map A (9 lots off Tricia) as amended. Passed 3 -1 (Callon opposed, Fanelli abstaining). FEB l99J cc 7 Date Received ,2 4 Hearing Date: Fee�C, CITY USE ONLY �OMNIUNITY DEVELOPMU!T �,zc�✓ l�v APPEAL APPLICATION Name of Appellant: - �ZO� E� ✓T �? Address: Telephone: 7 —E //0 Name of Applicant: Project File No.: /,5"3 J Project Address: i Project Description:�J Decision Being Appealed: �,n,J;�,ic/G / � /�lj -r, .c% e�,t Ap ant�'js Signature k *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. a6�. --dl Grounds for the Appeal (Letter may be attached): Ap ant�'js Signature k *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. a6�. --dl i FEB r 3 WILSON 0!J!PJIU�JITY DEVELOPMENT Development, Lic. 14370 Saratoga Avenue, Saratoga, California 95070, (408) 867 -5110 February 1, 1983 City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Dear City Clerk: This letter is a request for an appeal hearing before the City Council of the Planning Commission's denial of SDR 1531 for a tentaitve nine lot subdivision on Tricia Way. At their meeting on Wednesday, January 26, 1983, the Planning Commission took the following actions: 1. Approved 4 -2 the Tricia Way access 2. Split 3 -3 on allowing nine lots 3. Split 3 -3 on approval of the tentative map This split vote constitutes denial, and, therefore, I am filing this appeal on the basis that the map meets all the criteria of the subdivision and zoning ordinances and is in compliance with the General Plan. Very truly yours, WILSON DEVELOPMENT, INC. David S. WIlson } t i as Mf I'm- l REPORT TO PLANNING COMMISSION DATE: 1/6/83 Commission Meeting: 1/12/83 SUBJECT SD -1531, Wilson Development, Saratoga - Sunnyvale and Tricia Way, Tentative Subdivision Approval - ----------- 9- Lots---------------------------------------------------- - - - - -- PROJECT DESCRIPTION: The applicant proposes to subdivide a 4 acre site on Saratoga - Sunnyvale Road in the R- 1- 12,500 zoning district into 9 lots. The lots are shown to take access from an extension of Tricia Way with a gated emergency access road connection to Saratoga - Sunnyvale Road. In a stipulated settle - ;pent (attached).the City agreed to approve a tentative subdivision map through extension of and connection to Tricia way for nine par- cels for development-as one story single family residential sites. The site has a slope of 3.05 %. Numerous large trees (oaks, peppers, firs and redwoods) exist on the site, eight of which are proposed to be removed with the extension of Tricia Way. The two existing residences and accessory structures are to be removed with the subdivision. Several concerns were raised with the proposed subdivision in 1981. Since the site is located on Saratoga - Sunnyvale Road, a noise study was required with the environmental information. The recommended mitigation measures include a 6' high barrier wall along Saratoga - Sunnyvale and a wall, to be continued at the same height along the intent was a continuous fence height per a conversation with Mr. Pact on May 7, 1981.) Additionally, Mr. Pack's report specifies 6" high walls along the emergency access road, however, the alternative of an air - impervious gate for the emergency access road would also satisfy the condition (5/7/81). The fencing is conditioned for Design Review Approval prior to Final Map Approval. Any fencing over 6' in height requires a Use Permit or Variance. A second concern was the access. The proposal creates 18 units on a cul -de -sac with an emergency access to Saratoga - Sunnyvale. The Subdivision Ordinance states: Report to Planning Commission 1/6/83 SD -1531 Page 2 "Not as a mandate, but as a statement of future policy on all matters concerning the design and improvement of site and subdivisions the following shall generally not be approved: C. Cul -de -sac, dead -end, or other streets not having a means of secondary access, where such street services more than fifteeen lots or building sites." The General Plan states: "For safety, every new or developing residential area in the City with more than 15 housing units should have a primary and secondary (or emergency) access." However, the City has agreed to an additional nine parcels on Tricia, and an emergency access to Saratoga- Sunnyvale is shown on the map. Since the cul -de -sac exceeds 400' in length, the Subdivision Ordinance also requires a finding that is "the only feasible method of developing the property ". Finally, the Commission previously expressed concern about the landscaping along Saratoga - Sunnyvale Road and the transition of the pathway at the northeast corner of the project. The applicant's engineer submitted a blow -up of their proposed transition and a letter in response to these concerns. PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: December 16, 1982. The Staff Report recommends approval of the tentative map for SD -1531 (Exhibit "B" filed November 19, 1982) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department re- gulations and applicable Flood Control regulations and requirements Report to Planning Commission 1/6/83 SD -1531 Page 3. of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section of Ordinance No. 60. II. SPECIFIC CONDTTTONS - PTTRT.Tr wnnuc nVnA VMMi7ATT A. Standard Engineering Conditions. B. Street improvements on 50 ft. right -of -way to be 33 feet. C. No direct access allowed onto Saratoga - Sunnyvale Road from Lots 6 - 9. D. Construct Emergency Access Road to conform to minimum access road standards. E. Provide pedestrian walkway along Saratoga- Sunnyvale Road. Subject to additional requirements of Planning Commission and /or Design Review. F. Provide decorative wall or fencing, including tree planting within lots along Saratoga- Sunnyvale Road. Subject to additional re- quirements of Planning Commission and /or Design Review. G. Landscape area between fence and highway. Subject to additional requirements of Planning Commission and /or Design Review. H. Construct storm line as per Master Drainage Plan and as directed by the Director of Community Development. I. Remove the existing temporary turn around on Tricia Way and construct standard street section. III. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: 1. Foundations, prior to issuance of building permits. B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills, slopes, cross - sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. r Report to Planning Commission 1/6/83 SD -1531 Page 4 5. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. C. Bonds required for removal of existing structures including wells and septic tanks. IV. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT A. Sanitary sewers to be provided and fees paid in accordance with Requirements of Cupertino Sanitary District as outlined in a letter dated November 29, 1982. B. Annex to Cupertino Sanitary District prior to Final Approval. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. B. Developer to install 1 hydrant that meets Saratoga Fire District's specifications. Hydrant to be installed prior to issuance of building permits.. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Cupertino Sanitary District. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. A $400 bond to be posted to insure completion of work. D. Seal well in accordance with County Standards. A $300 bond to be posted to insure completion of work. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Design Review Approval required on project prior to issuance of permits, The residences shall be built in accordance with the recommendations of the Noise Assessment Study dated April 8, 1981 on the project. ly in Report to Planning Commission ' 1/6/83 SD -1531 page 5 B. No two -story residences shall be constructed within the sub- division. C. Individual structures shall be reviewed during Design Review to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision/ building site. D. Applicant shall landscape all portions of the public right -of -way and the landscape easement that are to remain unimproved. Land- scaping (including fencing) and irrigation plans shall be sub- mitted to the Planning Commission for design review and approval prior to Final Map Approval. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -way improvements. Fencing shall be in accordance with the recommendations of the Noise Assessment Study dated April 8, 1981, and the stated alternatives. E. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right - of -way and easements. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowners association shall be responsible for maintaining the landscaped areas. F. All individual lot owners shall be required to become members of a homewoners association for the express purpose of maintaining all landscaped areas within the public right -of -way and easements. The CC & R's of the homeowners association shall be reviewed and approved by the Planning Department, prior to final map approval. Approved :`������� Kathy Ker�us, Planner. KK /bjc ` P.C. Agenda: 1/12/83 Y RESOLUTION NO. 2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING AND APPROVI`:G THE EXECUTION, DELIVERY AND I,IPLEMENTATION OF THAT CERTAIN STIPULATION FOR SETTLE:IENT RELATING TO WILSON DEVELOPMENT, INC.,-PE':Z- TIONER, v. CITY OF SARATOGA, CITY COU`:CIL OF THE CITY OF SARATOGA, RESPONDENTS, SANTA CLARA COUNTY SUPERIOR COURT NO. 493448 A. Wilson Development, Inc. ( "Wilson ") is petitioner and City of Saratoga ( "Saratoga ") and City Council of the City of Saratoga ( "Council ") , are the respondents in that certain action entitled, Wilson Development, Inc., Petitioner v. City of Saratoga, City Council of the City of Saratoga, Respondents, No. 493448, now pending in the Superior Court of the State of California for the County of Santa Clara ( "the lawsuit "). B. In the lawsuit, Wilson filed a petition for writ of mandate seeking, among other things, an order requiring Respondents to vacate and set aside their denial of Wilson's tentative map application (SD -1505) or, alternatively, to recon- sider Wilson's application SD -1489 for the purpose of determining whether Respondent Council can now make the findings required -nder Section 13.3 -4 of the City's Subdivision Ordinance, namely, that extension of Tricia way is the only feasible method of and eveloping the property. Respondents, Saratoga and Council deny continue to deny each and every one of Wilson's allegations Is to all issues and in all respects although no formal denial res?onse has been filed in said lawsuit by Respondents. C• Wilson, Saratoga and Council acknowledge that all allegations or claims which have been or could have ``en made by Wilson in the lawsuit are disputed by Saratoga and Cc�nc == as to validity and any other aspects. without admitting the :•a'_:dity Of any of the contentions which have, or might have been made by any of them, Wilson,. Saratoga and Council, desire -1- and intend fully and finally to compromise and settle all such contentions and other matters in controversy among them. NOW, THEREFORE, the City. Council of the City of Saratoga ( "Council ") RESOLVES as follows: 1. The.Council hereby authorizes and approves the execution, delivery and implementation by City Manager of a stipulation for settlement on the terms and conditions as set forth in said stipulation for settlement attached hereto marked Exhibit "A" and incorporated herein by reference and any and all other documents necessary to consummate such stipulation for settlement. Recitals A through C hereinabove are incorporated herein by reference. The above and foregoing resolution was passed and adopted at a regular City Council meeting held on the 3rd day of tiovember 1982, by the following vote: AYES: Councilmenbers Clevenger, Mallory, Moyles, and Mayor Callon NOES: None ABSENT: None ABSTAIN: Councilma:ber Fanelli MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED CITY ATTORNEY CITY MANAGER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ALLAN R. SAXE Matteoni & Saxe 1625 The Alameda, Suite 400 San Jose, California 95126 (408) 286 -4800 Attorney for Petitioner SUPERIOR COURT OF CALIFORNIA, COUN'T'Y OF SANTA CLARA WILSON DEVELOPMENT, INC. , r1o. 493448 Petitioner, ) V. STIPULATION FOR SETTLEMENT ) CITY OF SARATOGA, CITY COUNCIL) AND ORDER THEREOr1 OF THE CITY OF SARATOGA, ) Respondents. ) The parties hereto desire to enter into this stipulation by way of compromise and settlement of all _contentions arising out of the above - captioned action. For its part, Petitioner, Wilson Development, Inc., agrees to file with Respondent City of Saratoga a new application for subdivision of the Property comprising approximately four acres, which property is the subject of this litigation and is the real property proposed by Petitioner for subdivision under applications SD -1505 and SD -1489 previously filed with Respondent City. Said new application (a) shall be filed by Petitioner within 180 days following execution of the order pursuant to this stipula- tion, (b) shall be processed in accord with normal City processing of subdivision applications except as provided 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ALLAN R. SAXE Matteoni & Saxe 1625 The Alameda, Suite 400 San Jose, California 95126 (408) 286 -4800 Attorney for Petitioner SUPERIOR COURT OF CALIFORNIA, COUN'T'Y OF SANTA CLARA WILSON DEVELOPMENT, INC. , r1o. 493448 Petitioner, ) V. STIPULATION FOR SETTLEMENT ) CITY OF SARATOGA, CITY COUNCIL) AND ORDER THEREOr1 OF THE CITY OF SARATOGA, ) Respondents. ) The parties hereto desire to enter into this stipulation by way of compromise and settlement of all _contentions arising out of the above - captioned action. For its part, Petitioner, Wilson Development, Inc., agrees to file with Respondent City of Saratoga a new application for subdivision of the Property comprising approximately four acres, which property is the subject of this litigation and is the real property proposed by Petitioner for subdivision under applications SD -1505 and SD -1489 previously filed with Respondent City. Said new application (a) shall be filed by Petitioner within 180 days following execution of the order pursuant to this stipula- tion, (b) shall be processed in accord with normal City processing of subdivision applications except as provided 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ® _ 1 { otherwise in this stipulation, and (c) shall propose access to the subdivision through extension of and connection to Tricia [day rather than out Saratoga - Sunnyvale Road. For its part, Respondent City of Saratoga and its City Council agree to approve a tentative subdivision map filed by Petitioner and conforming to the above requirements whereby the aforementioned real property is divided into nine parcels for development as one story single family residential sites /homes. Assuming subsequent submittal of a final map by Petitioner or any successor owner of subject property which final map conforms to the approved tentative map, Respondent City and City Council also shall approve the final map. In processing the tentative map application, Respondent. shall apply such conditions of approval as are typically imposed by Respondent in approving similar subdivisions within the City and shall be guided by the conditions previously formulated by it in connection with processing of Petitioner's previous application SD -1489. Within 120 days following recordation of the aforementioned final map dividing subject property into nine parcels, Petitioner shall dismiss this action against Respondent City and City Council, such dismissal to be with prejudice. This stipulated settlement is entered into between the parties in order to eliminate the necessity and to avoid the expense of further litigation over a matter which has been before Respondent City's Planning Commission or City Council at public hearings or study sessions on at least six O►: A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 different occasions and in recognition of the fact that the density (9 lots) allowed pursuant to this agreement has been reduced from the density proposed by Petitioner in previous applications (SD -1489, SD -1505) - even though the densitv requested in those earlier applications conformed to the requirements of the City Zoning Ordinance and City General Plan. IN WITNESS WHEREOF, the parties have executed this STIPULATIO14 FOR SETTLEMENT as indicated below. Dated: Dated: APPROVED AS TO FORM: PAUL B. SMITH, City Attorney 04, (?. ALLAN R. SAXE Attorney for Petitioner [•WILSON DEVELOPMENT CO., INC. By Title CITY COUNCIL on behalf of CITY OF SARATOGA LINDA CALLON MAYOR? City of Saratoga 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 different occasions and in recognition of the fact that the density (9 lots) allowed pursuant to this agreement has been reduced from the density proposed by Petitioner in previous applications (SD -1489, SD -1505) - even though the densitv requested in those earlier applications conformed to the requirements of the City Zoning Ordinance and City General Plan. IN WITNESS WHEREOF, the parties have executed this STIPULATIO14 FOR SETTLEMENT as indicated below. Dated: Dated: APPROVED AS TO FORM: PAUL B. SMITH, City Attorney 04, (?. ALLAN R. SAXE Attorney for Petitioner [•WILSON DEVELOPMENT CO., INC. By Title CITY COUNCIL on behalf of CITY OF SARATOGA LINDA CALLON MAYOR? City of Saratoga 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, r �r s, ORDER The parties are hereby ordered to carry out the provisions of the stipulated settlement agreed to by then and set forth above. Dated: 4 JUDGE OF THE SUPERIOR COURT t -, Planning Commission �) Meeting Minutes 1/26/83 PUBLIC HEARINGS 3a. V -597 - Gerald Butler, Lira\ 3b. A -839 - Review Approval and single family dwelli Montalvo Road in the Drive and Montalvo Variance Approval Cg on Lot 3, Tract R -1- 40,000 zonine Page 3 Road, Request for Design to construct a two -story 6732 near Lira Drive and district The proposal was described by Staf \and reported that because of the change in the Design Review Ordinance the ce is no longer required. The public hearing was opened at 8. No one appeared, and Commissioner ed moved to close the public hearing. Commissioner Nellis seconded the mwhich was carried unanimously. Commissioner Siegfried moved to ap-839, making the findings in the Staff Report dated January 11, 198xhibits "B" and "C ". Commissioner Nellis seconded the motion, which Tied S -1, with Commissioner Bolger dissenting. 4a son Develo �IVilson Development, Request for Tentative Subdivision Approval for a 9 -lot subdivision for a site on Saratoga - Sunnyvale Road near Tricia Nay Chairman Schaefer discussed the study session on this item and the three traffic reports. She reported that the neighbors had expressed concern regarding (1) safety of the children on the street, (2) people moved in not expecting that the street would continue out, per their discussions with Mr. Pinn, (3) the U -turns required if access is off Saratoga - Sunnyvale Road, (4) the noise abatement might not be as great because of opening up an area onto Saratoga- Sunnyvale Road and it would cause division of neighborhoods. She added that the options that would be considered tonight are whether the project should access off Saratoga- Sunnyvale Road or Tricia Nay, or a com- bination of both. She indicated that the Commission is treating this as a new application; however, realizing that whatever decision is made will be appealed to the City Council because of the agreement reached between the developer and the City Council. Staff submitted the preliminary map that had been submitted by NIT. Pinn in 1978, which shows his intentions if he were to develop the two properties. They explained that his map shows the extension of Tricia Nay and shows some 10 lots proposed on the two adjacent parcels. They added that his map is basically the same as has been presented. The traffic studies that have been done and the traffic counts in the area were discussed. Commissioner Crowther asked if it were futile for the Commission to even con- sider this issue of 9 lots off of Tricia because of the stipulation. The Deputy City Attorney commented that his previous advice still stands. He explained that this is a new map and the Commission should give their recom- mendation to the City Council. The Council can stay by the stipulation or it can elect to go back to court. He added that he feels it appropriate for the Commission to vote if there is a consensus for an alternative arrangement. . The public hearing was opened at 8:50 p.m. Dave Nilson, the applicant, compared the present proposal with the previous one of 10 lots accessing off of Saratoga - Sunnyvale Road relative to the grad- ing and the impact on the pedestrian bike path and trees. Alfred Ruffo, attorney representing the homeowners in the area, discussed the Negative Declaration regarding traffic. He discussed the traffic reports that have been made and referenced the Subdivision Ordinance which relates to more than 15 homes on a cul -de -sac. He commented that on the basis of the ordinance and the General Plan it seems that the weight of the language definitely favors a rejection of a subdivision having more than 1S units unless there is no other feasible method of development. He pointed out that the developer did submit plans that did show otherwise, and there is an indication that there is another feasible way of developing this property. Ile added that he feels that the developer should be willing to compromise, as the homeowners are. He indicated that they would be willing to have 6 lots onto Tricia Nay and the others on Saratoga - Sunnyvale Road. - 3 - a,(,� . -1-13 Planning Commission ~ Page 4 Mceting Minutes 1/26/83 SDR -1531 (cont.) Ron Piziali, 13123 Regan Lane, stated that all of the neighbors had approved the map that the developer had presented showing 10 lots off of Saratoga - Sunnyvale Road and the developer at that time had stated that he was very willing to develop the property that way. He indicated that there had been a 2 -2 split vote by the Council at that time, and he urged the Commission to send that map back to them. {William Gloege, 13109 Regan Lane, submitted a petition against the present proposal. He urged that if the project is approved exiting onto Regan Lane, that it be limited to 6 homes. He stated that the issue to consider at this time is the impact of the proposed project on existing residents, proposed new residents, and the City as a whole. He cited the following advantages for 6 lots: (1) it remains consistent with the Subdivision Ordinance, (2) it mitigates the safety impact on the children in the area, (3) it mitigates the negative impact that the sound barrier opening would have if there were either emergency or complete access onto Saratoga - Sunnyvale Road, (4) it reduces the general impact on the Regan Lane area, and (5) it does not have the disad- vantages of the safety factors of opening onto Saratoga - Sunnyvale Road. Bob Granum, Tricia Way, expressed his dissatisfaction with the process of the development. He stated that there is no way that the City can defend the fact that there is not a feasible alternative to developing this property. He explained that he had researched the Subdivision Ordinance before he bought his home, and it states clearly that you have to show that there is no other feasible alternative to developing that property, and the applicant has pre- sented such a plan. He added that he has had to come down to the City three times to protect his rights and he is very upset with the process of exclud- ing neighbors from the meeting where the stipulation was signed by the City Council. The Deputy City Attorney explained that there are only two situations where a public body is allowed to meet in private, one being to discuss litigation and to receive advice and review the status of law suits with the City Attorney's office. The resolution concerning the stipulation was discussed and voted upon at a public meeting. He added that litigation sessions do not involve any other parties except the City Council; it is not a situation where the developer or his attorney was present at any private meeting solely between the Council and the City Attorney's office where this lawsuit was discussed. Discussion followed on the procedure used regarding litigation sessions. Vera Carroll, Tricia Way, dommented that they had not been told of the public hearing on this matter or the action taken. It was noted that the hearing had been agendized and published in the paper. Chairman Schaefer encouraged everyone to either subscribe to the Saratoga News or the mailing list for Council and Commission agendas. Commissioner Siegfried commented that there is something here to be learned by everyone, including the Council. He stated that it is his personal opinion that when that matter did come to vote as to the settlement, which was a Public matter, some effort should have been made to notify the people involved. Mr. Gloege commented that there has been over the whole history of the project a very good interchange of communication between the City and the residents except during the issue of the settlement; there was no notification and no communication on that. Commissioner Siegfried moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Siegfried asked the City Attorney for clarification regarding the section of the Subdivision Ordinance relative to a cul -de -sac and the limitation of 400 ft. Fie commented that it states that the advisory agency has to find that it is the only feasible method of developing the property unless any other method of subdividing the property would create block lengths of less than 800 ft. Ile indicated that he interpreted that to read that in fact there need not be a finding in this case that it is the only feasible way of developing the property; the finding could be that the extension of Tricia Way is appropriate in that any other method of developing the property would create block lengths less than 800 ft. The Deputy City Attorney agreed that the sentence reads as a disjunctive. He - 4 - 14 r_, Planning Commission Page 5 Mecting Minutes 1/26/83 l SDR -1531 (cont.) stated that he would like to check with Staff to see if this interpretation has been applied in any other situation. Commissioner Crowther indicated that it nppeared that the proposed interpretation did not make sense. Commissioner Crowther expressed his concern with the Negative Declaration. lie indicated that lie feels with the number of public inputs and concerns on this project, particularly regarding traffic, that the traffic reports are grossly deficient and they don't really address this project. He commented that there were unique safety problems associated with the 900 cul -de -sac which have not been addressed, and the Commission does not have sufficient facts on traffic safety to make a decision. He added that he could not approve the Negative Dec- laration without a study of the alternatives. He stated that he thinks that if * *addition below Commissioner Siegfried moved to approve the Negative Declaration, stating that he feels there is enough information before the Commission on the traffic to do so. Commissioner Hlava seconded the motion, which was carried 4 -2, with Commissioners Bolger and Crowther dissenting. Commissioner Siegfried moved that the access be as proposed by the developer, namely an extension of Tricia way as shown on his map. Commissioner Nellis seconded the motion. Commissioner Siegfried commented that he had not been on the Commission during the previous applications, and while reviewing the reports several things came to mind: (1) the question of inconsistency with the Subdivision Ordinance. He indicated that he feels that there is really not an inconsistency because the only other way of accessing this property results in a street of 500 or 600 ft.; (2) If the access is off Tricia Way, should the Commission consider limiting it only to 6 lots, thereby meeting the situation of there only being 15 homes off of the cul -de -sac. He stated that he could think of no such instance where the Commission denied an application for more than 15 homes where a secondary access could be provided. Fie added that it was also his remembrance during the time that the Pinn Brothers sub- division came in that the street was purposely stubbed where it was so that it would provide access to the remaining undeveloped properties. Commissioner Crovther reminded Commissioner Siegfried that the applicant had indicated that access off of Saratoga - Sunnyvale Road would result in a 400 ft. street, not 500 -600 ft. Commissioner Bolger stated that he cannot envision this emergency access as being anything more than a try to get the maximum density out of the subdivision. He He added that if the applicant wishes to access off of Tricia it should be strict- ly 6 lots or the entire two parcels which would be combined into one. Commissioner Nellis stated that he could not agree with that comment re the density, noting the fact that the zoning is R -1- 12,500 and the size of the lots. Commissioner Bolger commented that if they wish to access them some other way the R -1- 12,500 is applicable. Commissioner Crowther agreed-with Commissioner Bolger, stating that he feels that the access as shown is not protected and is a phony emergency access. Fie stated that it is part of an individual's lot without anything separating it from the lot, and within a year or two it is not going to exist. lie added that he thinks the project is not consistent with the General Plan, in addition to not being consistent with the Subdivision Ordinance. Commissioner Nellis commented that the issue at this time is the difference between the 9 lots proposed by the developer and the 6 lots favored by the residents. Fie stated that he lives in an area that has a higher traffic count than what is presented here, and he does not feel that his children's safety has been jeopardized; he does not feel that with the addition of 3 lots the safety of the residents on Tricia Way is jeopardized. Commissioner Hlava stated that her primary concern is that she does not feel the access to Saratoga - Sunnyvale Road is appropriate. She explained that she feels that it would isolate the resulting street from all of their neighbors, and she feels that it would be very unsafe. Commissioner Schaefer also strongly disagreed with the access to Saratoga - Sunnyvale for the reasons stated by Commissioner Hlava, and in addition it would also reduce the noise barrier.. The vote was taken on the motion to have the access off of Tricia Way. The motion was carried 4 -2, with Commissioner Bolger and Crowther dissenting. Commissioner Crowther then moved to restrict this project to the conditions of the General flan, which states that there should be no more than 15 lots off of a cul -de -sac; this would mean 6 lots in this subdivision. Commissioner * *addition - the project was restricted to 6 lots off of Tricia the applicant would find a way to get access for the remainder of the lots. - -40 , ,, l Planning Commission Meeting Minutes 1/26/83 SDP. -1531 (cont.) Bolger seconded the motion. —) Page 6 Commissioner Schaefer commented that when she voted before on the previous application she felt that the access should only be Tricia Way, and she believes she voted for 6 lots; she may have compromised for 8. The vote was taken on the motion, which resulted in a split vote 3 -3, with Commissioner Nellis, Hlava and Siegfried dissenting. Commissioner Siegfried moved to approve SDR -1531, per the Staff Report and as proposed by the applicant. Commissioner Nellis seconded the motion, which resulted in a split vote 3 -3, with Commissioners Bolger, Crowther and Schaefer dissenting. The Deputy City Attorney stated that the split vote constitutes a denial, and the applicant has the right of appeal to the City Council within 10 calendar days. He commented that he feels it has been indicated to the City Council that the majority of the Commission would consider Tricia the appropriate access, but there is not a majority vote for 9 lots. Commissioner Siegfried stated that he voted for the SDR -15331 as proposed because he feels that it is a genuine secondary access. He reiterated that, given that fact, he knows of no instance where the Commission has denied an application for a number of lots that meets the underlying zoning, provided that the secondary access is there. Commissioner Bolger commented that he personally cannot make a finding that this would be a secondary or emergency access. Commissioner Schaefer stated that she would prefer a compromise. She added that she thinks the width of one of the lots is 88 feet, and she feels that because the development is abuting Saratoga - Sunnyvale Road the lots need to be a little bit larger for more noise abatement. She commented that she feels the traffic is secondary; she doesn't think the traffic will be that great of an impact. Break - 9:55 - 10:10 p.m. 5a. A -845 - Don Coffey, 13217 Padero Court, Request for Design Review and 5b. V -602 - Variance Approval to construct a two -story single family dwelling which encroaches into the required side yard setbacks (20' where 30' is required) The Land Use Committee gave an on -site visit, noting the following issues: (1) size of the home for the neighborhood, (2) compatibility of design, (3) set- backs, (4) What will happen to the velocity of the creek water when the creek is straightened out; will there be problems downstream to neighbors' land, (5) possible destruction of trees, and (6) proposed deck, its location and the fact that it spans the creek. Staff described the proposal. They reported that they received today a modi- fication to the originally submitted plan which in effect reduces the work within the swale and does not relocate the swale. They noted that the change in zoning to NHR has changed the setback standards for this lot, whereas the balance of the subdivision was developed with 20' setbacks. The public hearing was opened at 10:20 p.m. Bill Heiss, civil engineer, gave a presentation on.the project. He described the changes which have been made to the plan. The setbacks, deck, and the channel were discussed. Mr. Heiss discussed the additional development in the area which would increase the runoff. Don Coffey, the applicant, described the project and discussed the size of the other homes in the subdivision. David House, 13223 Padero Court, inquired about the decking. Mr. Coffey compared the amount of decking on this home to others in the area. Mr. House expressed concern with the size of the house. He also noted that there had been considerable problems with slides in the area. The letter from Mr. and Mrs. Franklin, expressing concern about the size and - 6 - -A Planning Commission ) Page 3 Meeting Minutes 1/12/83 SDR -1496 (cont.) with the Design Review. They tatcd that the change to the driveway will be a modification to the Site Dev lopment Plan, and what the Commission would be extending now is the Site Devel pment Plan from Canyon View. Tree removal was discussed, and Ir. Araldi indicated that the reason the —� driveway was changed was to elim nate significant tree removal because of the retaining walls. He added that t ere are not any retaining walls of any significance needed in the modifi d grading plan. Staff indicated that the Fire Chie had verbally stated that he is not opposed to the driveway as it is now graded They added that the new access is a better design and the driveway is le s steep. Commissioner Crowther stated that he was concerned because there tad been a lot of public discussion on this project, and Ile feels that the new pl n should go back to the public. It was noted that the Design Review will be public hearing. Commissioner Bolger stated that he was somewhat concerned that this situation would occur without the Planning Commis ion being advised and moved to continue this matter to January 26, 1983, in ord r to get information from Rich (iarison regarding the driveway and Chief Kraule egarding the fire situation. Commis- sioner Crowther seconded the motion, whi h was carried unanimously 6 -0. PUBLIC HEARINGS 6a. Negative Declaration - SDR -1527 - WilAiam Johnson 6b. SDR -1527 - William Johnson, ReqAeq Tentative Building Site Approval for a 2 -lot subdivis8935 Monte Vista It was reported that the applicant u sted a continuance to the February 9, 1983 meeting. The public hearing was opened at 8:o one appeared, and it was directed that this matter be continued to a ession on January 25, 1983 and the regular meeting of Feb ruary 9, 19837a. Negative Declaration - SDR -1530 a K its Bolin 7b. SDR -1530 - Anita Korts Bolin, Rfor Tentative Building Site Approval for a 3 -lot subdivisa s'te at the southwest corner of Sobey Road and Quito Staff gave a report on the project, indicating hat a previous approval had lapsed. The public hearing was opened at 8:31 p.m. Commissioner Bolger gave a report on the on -site visit. Bill Heiss, the civil engineer, appeared to answer any questions. Commissioner Siegfried moved to close the public earing. Commissioner Bolger seconded the motion, which was carried unanimously. It was noted that the Negative Declaration had bee approved with the previous approval. Commissioner Siegfried moved to approve DR -1530, per the Staff Report dated December 16, 1982. Commissioner Hlava seconded the motion, which was carried unanimously 6 -0. Commissioner Crowther expressed concern about the qu lity of the contour maps being submitted with the applications, adding that h felt the City should have a requirement that all applications use orthoph to contour maps. Dis- cussion followed on the process, and it was determin d that this matter will be studied further at a study session. 8a - U"4•,� „e Declaration - SDR -1531 - Nilson Develo t Nilson Development, Request for Tentative Subdivision Approval for a 9 -lot subdivision for a site on Saratoga - Sunnyvale Road near Tricia IVay Chairman Schaefer reported that it has been approved by the City Council through an executive session that there are to be 9 lots, and they will have - 3 - Planning Commission —� Page 4 Meeting Minutes 1/12/83 SDR -1531 (cont.) access off of Tricia Way. She indicated that the issues that the Planning Commission will consider at this time are the location of the lots, the width and length of the lots, the landscaping and noise mitigation of Saratoga - Sunnyvale Road, maintenance of landscaping, setbacks, fences, etc. She added that the City Council had advised the Commission that they were not to con- sider the number of lots or the access, since these issues have been decided. The Deputy City Attorney disagreed, explaining that the Council did enter into a stipulat'ion with the developer as a way of settling pending litigation. How- ever, it was his understanding that they had not given specific direction to this Commission, and it would be his opinion that it would not have been appro- priate to do so. The stipulation provides that the application is to be pro- cessed in the normal fashion, and from his point of view the Planning Commission should treat this application in the same manner as anv other and either approve, deny or modify. He added that the Commission should ignore the fact that there was litigation nending and that the City Council did enter into a stipulation with the developer. Chairman Schaefer stated that at the Joint Council /Commission meeting the previous evening the City Council had told the Commission what she had earlier stated, and the Mayor had again told her that in a phone conversation that afternoon. She added that she stands corrected by the Deputy City Attorney; however, unfortunately this is an example of miscommunications. She stated that the Commission will therefore consider all issues on this application. Commissioner Siegfried noted that three of the present Commissioners, including himself, had not been involved with the previous applications. He stated that he feels that he would like to take a look at the property and have a study session on the project. Commissioner Crowther commented that it is clear that this project exceeds the General Plan statement on the number of lots on a cul -de -sac, and one of the key issues for the Commission to review is the consistency with the General Plan. The public hearing was opened at 8:45 p.m. Staff reported that Lot N5 would have to be modified relative to its depth if the Commission does determine to approve the application. They added that, for continuity of the landscaping and the pathway, they would suggest that the right -of -way line on Lot N6 be adjusted to have uniformity of the easement width. Chairman Schaefer reviewed the previous applications, noting that there had been a very strong split feeling on the Commission regarding the exit, and a difference of opinion on what the number of lots should be. She stated that some of the concerns of the neighbors are traffic, noise off Saratoga - Sunnyvale Road, safety off of both areas, and the number of total lots. Dave !Nilson, the applicant, gave the history of the project and described the current proposal. Alfred Ruffo, attorney representing the homeowners on Tricia Way, stated that he felt there should be at least a traffic report on this project. He referenced a traffic study done by Renaldo Martinez on the previous applica- tion. Mr. Ruffo stated that he felt there would be greater risk in increasing the danger at Blauer and Saratoga - Sunnyvale Road by the current proposal. He urged the Commission to have a fair hearing on the application and thereafter judge it on its merits without any impediment by way of the fact that the City Council has already agreed by stipulated judgment to a conclusion. He submitted a petition from the homeowner's regarding the project. Mr. Wilson stressed the fact that time is a hardship on his company. It was determined that individual interested Commissioners will make an on -site inspection. Commissioner Crowther commented that he felt the Commission does not have the kind of facts that are needed to make a good decision. He moved that an EIR be required for this project, including traffic data. Discussion followed on the scope of the EIR requested by Commissioner Crowther, and he then modi- fied his motion to clarify that a traffic study be required, which is a com- posite of the three studies previously prepared, to be made available to the Planning Commission to evaluate to determine if an EIR is needed. Commissioner - 4 - N Planning Commission Meeting Minutes 1/12/83 SDR -1531 (cont.) Page 5 Bolger seconded the motion, which resulted in a split vote with Commissioners Nellis, Hlava and Siegfried dissenting, indicating that they would like to see the individual reports first to see if they are adequate before requiring that a composite report be done. Commissioners Crowther and Bolger amended the motion to state that the three previous traffic studies be made available with some statement by Staff. The motion was carried unanimously 6 -0. It was directed that this matter be continued to a study session on January 25, 1983 and the regular meeting of January 26, 1983. 9. Tract 5693 - Phil Hon , 21072 Comer Drive, Consideration of Expansion of Buildin; Envelope, Lot #2, to allow for retaining wall and fencing with grading, per Scenic Ea ement recorded on Tract Map Staff gave a history of thiN matter and the request made by the applicant, stating that the City Counci has asked for a recommendation from the Planning Commission. They discussed he available options. Commissioner Crowther stated hat he had problems with all of the options because they have major impact He indicated that he was also opposed to expanding the building envelop just for a retaining wall, and it was clari- fied that the applicant could t en build anything in that envelope. He asked the Deputy City Attorney if it 1ould be possible to grant a variance to permit retaining walls. The Deputy Cit Attorney commented that it was his under- standing that the easement was c eated as part of the subdivision map and he would have a problem with modifyi g in terms of the easement which affects not only this property but everyone use's property in the subdivision. It was clarified that if the application is denied then the existing structure would have to be removed. Discuss on followed on the process for restoring the area to its previous condition .f the structure were removed. The public hearing was opened at 9:31 p.m. Ernie Porcelli, one of the neighbors ,stated that Mr. Hong has violated some easements which were put in for a purpose not only for scenic but for drainage and preservation of the hills, and it has jeopardized his property directly below it. He also nointed out that Alin. Hong has an unfenced pool which is dangerous to the neighborhood. He urg d the Commission to do something about this situation which has been going on for 1 %z years. Barbara Porcelli submitted pictures of he problems that have been created. She indicated that if Mr. Hong is allow Ad to increase the building envelope and put a fence on top of the bank, the will be in a hole with no view at all. Mr. Hong, the applicant, reported that tIAe pool fence had been inspected by the City yesterday. He described the fen e and stated that the drainage on his property had been studied by a licens d engineer and he had said it was adequate for retaining walls. Staff noted that Mr. Hong had submitted plans to correct the retaining walls, which are eing held in abeyance relative to determination of the wall or building envel pe to be modified. Janet Harris, 21083 Comer Drive, stated tha they had been required to appear before the City Council to get a variance fo the scenic easement in order to have a driveway. She also expressed concern about the grading that Mr. liong has done on the northwestern side of the prop -rty. She submitted photos of what the scenic easement had looked like befo e the grading and pictures of the portion that has been graded. She added t at she finds the road objectional and the ground cover and vegetation have been emoved. Mr. Hong discussed the four - wheelers and motor c cles on his property. He stated that if lie receives a permit for the ret ining wall he will do all of the landscape. He also indicated that if the r taining wall has to be removed it will not look the same as before. Commissioner Bolger moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanim0 us1 Commissioner Crowther asked the Deputy City Attor ey if the application is denied, is there some wav to control what is done n the property; can the requirement be made that drainage be restored and access by four -wheel vehicles across the property be prevented? - 5 - EIA -4 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No: SD -1531 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION The project involves dividing a 4 acre site into 9 - 12,500 sq. ft. plus lots in the R -1- 12,500 zoning district. Presently the site consists of 2 lots with 2 houses and accessory structures. The Olson lot also contains old equipment, cars and various discarded items. Several significant trees exist on the site, with 3 large firs, 2 Brazilian peppers and 3 Silk Oaks proposed for removal by the road. The site fronts on Saratoga - Sunnyvale Road with proposed access from the extension of Tricia Way. NAME AND ADDRESS OF APPLICANT Wilson Developoent gg144�33��7t0 Saratoga gASven7nue ., REASH�QR' NEGATIVE DECLARATION A noise study and review of the traffic and drainage impacts on CalTrans facilities are included as part of this document. Mitigation measures for the noise impact of Saratoga - Sunnyvale Road are recam ended by the study and are to be included in the project. The project, developed in accord with the Zoning Ordinance, Subdivision Ordinance and recommended mitigation measures, is not expected to have a significant effect on the environment. Executed at Saratoga, California this 16th day of December 19_a2L. ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVI O MENTAL CONTROL OF THE CITY OF S A GA n /-, %1. DIRECTOR'S AUTHORIZED STAFF MEMBER q r, TELEPHONE (415) 948 -1105 City Council City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Council umbers: Auk RENATO G. MARTINEZ, C.E TRAFFIC ENGINEERING CONSULTANT P.O. Box 177 LOS ALTOS. CALIFORNIA 94022 Novembear 18, 1981 RG M ASSOCIATES OFFICE: 146 MAIN STREET LOS ALTOS. CALIFORNIA Re: Residential Street Access to Wilson Development Co. Property from Sunnyvale- Saratoga Rd. (SR82) This is to advise you that a direct access street from Saratoga - Sunnyvale Rd. approximately 500' south of Blaur Drive could be designed to conform with State Standards as contained in the Cal Trans Highway Design Manual. Right turn access to and from Sunnyvale - Saratoga Road is an acceptable means of access for the proposed 10 unit subdivision. The existing driveway is about 300' south of Blaur Drive and would be closed. Respectfully submitted, Renato G. Martinez, C. . Traffic Engineering Consultant - Ecn: Cal Trans Planning Manual Excerpts p. 7- 206.1 Road Connections and Driveways Fig. 7 -206.1 Access Openings on Expressways p. 7 -406.1 Typical Intersection Designs Fig. 7- 406.1 All -Paved Public Road Intersection RGM /nw 0 P.O. BOX 177 • LOS ALTOS. CALIFORNIA 94022 • TELEPHONE (4 15) 948 -1105 w f DESIGN SPEED STOPPING M.P. H. SIGHT DISTANCE FEET_ 30 200 MINIMUM STOPPING SIGHT DISTANCE 40 275 0 350 R•120, 0 475 70 Goo R-32' I R•120' 37, ,,—Encroachments limited to this Sight jUne V-14 12' Soso. - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- — — — — — — — — — — — — — — — 10 F-7 — 0 =--9 — — — — — — — — — — — — — — — Encroachments limited to this Sight Line 0 R•120' R•32' A Ilhccc R•120' .ole Stopped vehicle Is assumed MINIMUM STOPPING SIGHT DISTANCE C C C a '14 Part 7— Design PLANNING MANUAL 7 -406.1 August, 1964 Typical Intersection Designs (7 -406) 7 -406.1 All -Paved Public Road Intersection Figure 7 -406.1 illustrates the minimum standard all -paved public road intersection design for a right - angle crossing. The 3- center compound curve closely approximates the turning requirements of the com- mercial design vehicle. For skewed intersections, the curve central angles and radii must be adjusted to fit the angle of intersection. The design should be checked for adequacy with the truck turn templates (see Index No. 7- 405.4). In the application of the minimum all -paved public road design to skewed intersections, it may be desir- able to introduce a small triangular traffic island in the acute angle to reduce the size of the paved area and to provide a location for the installation of stop and directional signs. Also, in the obtuse angle of skewed intersections, it may be desirable to substitute a simple curve for the 3- center combination when the reduced length of the central are makes a 3- center curve impractical. 7 -406.2 Bulb Connections for Frontage Road Bulb connections are used at intermediate connec- tions to frontage roads. (See Figure 7- 406.2.) They are designed to accommodate the maximum vehicle. Instructions for determining the width of pavement necessary are given under Index No. 7- 405.4. If it can be expected that heavy vehicles will use an opening frequently, the throat should be wide enough to accommodate two vehicles simultaneously. For less important bulb connections, the throat can be designed to accommodate the maximum vehicle by allowing encroachment on the opposing lane. Chan - nelization may be required to prevent wrong -way movements. 7 -406.3 Two -lane Road With Separate Turning Lane Figure 7 -406.3 illustrates an intersection on a 2 -lane facility where traffic volumes justify a separate turn - ina lane in one quadrant only. The same principle may be expanded to provide separate turning lanes in each giiadrant when traffic warrants exist. Left -turn conflicts for the traffic volumes, indicated do not war- rant channelization for the left -turn movements. 7 -406.4 Minimum Median Left -turn Channelization Figures 7- 406.4A -B are examples of median left - turn channelization for undivided highways where a minimum design is warranted because of traffic con- ditions and right of way limitations. (1) Storage Length. In urban areas where blocks are short the needed storage length may be obtained by the following expedients: (a) When space is limited, 'as in a channelization confined to a length of one block, a median speed - change lane taper 60 feet long should be used (See Table 7- 405.5). (b) If the storage length is such that the channel- ization cannot be confined to one block, the method shown in Figure 7- 406.4B may be used. The principles governing the layout illustrated in Figures 7406.4A -B apply to both 2 -lane and multi- lane roads and to situations where unequal widening would be required. (3) Shoulders. The full shoulder width should be provided whenever feasible. Where the improvement is confined to the existing right of way or the talce of additional right of way must be minimized, the shoul- der may be omitted and parking restricted. 7 -406.5 Channelized "Y" Figure 7 -406.5 illustrates a 4 -lane divided channel- ization at a "Y" connection where relatively heavy turnins volumes must be accommodated. This type of channelization may be applied to a 4 -lane divided through facility; it also may be used on a 2 -lane facil- ity by transitioning to a 4 -lane divided section through the intersection area. 7 -406.6 Four -lane Divided Highway With Separate Turning Lane Figure 7 -406.6 illustrates.a channelized intersection on a 4 -lane divided highway with a 22 -foot median. The traffic flow diagram shows warrants for a sepa- rate turning lane in one quadrant. Median decelera- tion lanes are provided for both left turns. 7 -406.7 Widening of 2 -Lone Roads at Signalized Intersections Two -lane state highways should be widened at in- tersections to 4 lanes whenever signals are installed. Sometimes it is also necessary to widen the inter- secting road. The minimum design is shown in Figure 7406.7. More elaborate treatment may be warranted by the volume and pattern of traffic movements. Un- usual turning: movement patterns may possibly call for a different shape of widening. l A', Ah IIIGII%VAY DESIGN MANUAL Figure 7 -206.1 — August 1. 1975 PLAN ......., ��..A. PLAN V „ZH jo PLAN f Zeyend Access acquired ._...y Preperiy Line Area acquired by State Q NOTE: By widening the eapresswoy shoulder deceleration lones may be provided where justified. i PLAN A.—o.�. v vier 1N J1AA -Lam iiiir ee• [/w � t so f CASE Joint Openings when Angle of F CASE Joint Openings .Mn Angle of Properly iProperty Line varies from 60' to w Line is less than 60' or more then 120' 120' with the Right of Way Una. L with the Right of Way Una. ii so Zeyend Access acquired ._...y Preperiy Line Area acquired by State Q NOTE: By widening the eapresswoy shoulder deceleration lones may be provided where justified. i PLAN A.—o.�. v vier 1N J1AA -Lam iiiir ee• [/w � t so f CASE Joint Openings when Angle of F CASE Joint Openings .Mn Angle of Properly iProperty Line varies from 60' to w Line is less than 60' or more then 120' 120' with the Right of Way Una. L with the Right of Way Una. l 7 -206.1 I J &IGHWAY DESIGN MANUAL Road Connections and Driveways (7 -205) Access Openings on Expr *ssways Access openings are used only on expressways. The term access opening applies to openings through the right of way line which serve abutting land owner- ships whose remaining access rights have been ac- quired by the State. (1) Criteria for Location. To discourage wrong way movements, access openings should be located at least 300 feet from a median opening. This does not prohibit locating an access opening opposite the median opening. (See "Control of Access," Index 7- 104. ) (2) Width. The normal access opening width shall be 30 feet A greater width may result in large savings in right of way costs in some instances but should be considered with caution because of the possibility that public use might develop. Conversion of a private opening into a public road connection requires the consent of the CTC, which cannot be committed in advance. Openings greater than 30 feet but not greater than 60 feet, will be permitted only if all of the following conditions are met: (a) Concurrence of property owner. (b) Information has been furnished to the prop- erty owner that conversion of the private road connection to public road usage, by subdivid- ing the adjacent property would be lawful only by consent, by resolution, of the CTC. (c) Substantial savings in right of way costs. (d) Sight distance equivalent to that required for public road intersections. (e) Not less than' /, mile spacing to adjacent exist- ing public road intersection or to another pri- vate access opening that is wider than 30 feet. (f) Discussion with local agencies. (g) Recommended by the District Director based on both design and right of way considera- tions. (h) Approval by the Chief, Office of Planning and Design. (3) Recessed Openings Recessed openings, as shown on Figure 7- 206.1, are desirable at all points where private access is permitted and shall be pro- vided whenever they can be obtained without re- quiring alterations to existing adjacent improvements. When recessed openings are re- quired, the opening shall be located a minimum dis- tance of 75 feet from the nearest edge of the through pavement (4) Joint Openings A joint access opening serv- ing two parcels of land is desirable whenever feasi- ble. Approved designs are shown on Figure 7- 206.1. (5) Surfacing. All points of private access shall be provided with surfacing of sufficient width and struc- 7 -206.1 August 1, 1979 tural strength to adequately serve the anticipated traffic. Such surfacing shall extend from the edge of the traveled way to the right of way line. (6) Delineation ofHans Access taking and access openings are designated on the plans as shown in Figure 7- 206.1. :: r 7 -206.2 Private Rood Connections The minimum private road connection design is shown on Figure 7-- 206.1. Sight distance require- ments for the minimum private road connection are the same as for all -paved public road connections shown in Figure 7- 406.1. 7 -206.3 Urban Driveways These instructions apply to the design of driveways to serve property fronting on State highways in cities or in areas outside the cities where urban type devel- opment is encountered- They do not apply where access is controlled by deed conditions. For driveways on frontage roads and in rural areas see Index 7- 206.4. Details for drive- way construction are shown on Figure 7- 206.3. (1) Correlation with Local Standards Where there is an ordinance regulating driveway construc- tion the more restrictive standard will normally gov- ern. (2) Driveway Width. The width of driveways for both residential and commercial usage is the dis- tance "W" between slopes. (The widths of the slopes are called "X" distances. See Figure 7- 206.3.) (3) Residential Driveways The width of single residential driveways is 12 feet minimum and 20 feet maximum. The width of a double residential drive- way such as used for multiple dwellings is 20 feet minimum and 30 feet maximum The width selected should be based on an analysis of the anticipated volume, type and speed of traffic, location of build- ings and garages, width of street, etc. The sides of these driveways shall be at right angles to the curb in all cases where the sidewalk is less than 3 feet from the curb. (4) Commercial Driveways The maximum width for commercial driveways is established as fol- lows (a) When only one driveway serves a given prop- erty frontage and the speed limit is less than 45 mph the maximum width of driveway shall be 35 feet Where such a speed limit is 45 mph or more the maximum width of driveway may be increased to 40 feet, if this width is consist- ent with existing or proposed improvements. In no case shall the width of driveway includ- ing the "X" distances exceed the property frontage. (b) When more than one driveway is to serve a AL November 6, 1981 Mr. David Wilson Wilson Development Inc. 14370 Saratoga Avenue Saratoga, CA 95070 Dear Mr. Wilson: This report is an evaluation of the traffic impacts generated by each of the proposed developments to be located on the subject property on Saratoga - Sunnyvale Road, south of Blauer Drive. SETTING The proposed development fronts Saratoga - Sunnyvale Road between Blauer Drive and Miljevich Drive. Saratoga - Sunnyvale Road is a four lane state highway. It has two lanes in each direction with a raised median island with parking permitted. Blauer Drive is a two lane collector street running east from Saratoga - Sunnyvale Road. Tricia Drive terminates at right angles to the southerly property line of the subject property. Saratoga - Sunnyvale Road currently averages 17,600 vehicles between 6:30 a.m. and 6:30 p.m.; Blauer Drive generates 2,274 vehicles during this same time period. These counts were recorded in June, 1980, by the State of California, Department of Transportation and they are considered representative of current conditions. IMPACT - PART I The first proposal consists of a mixed use of a one story and a two story office building providing a total of 26,250 square feet of gross leasable area and six single- family detached homes. The office buildings' vehicular traffic would enter and exit on Saratoga - Sunnyvale Road. The 26,250 square footage would generate 326 trips per weekday. Depending ,. Mr. David Wilson -2- November 6, 1981 on the mix of tenants, approximately 80% of these 326 trips would arrive and depart between the hours of 6:30 a.m. and 6:30 p.m., or 260 additional vehicles on Saratoga - Sunnyvale Road, which equals to 1.4% net increase. The six single - family dwellings will generate 60 trips per average weekday. All of these will ingress and egress by way of an extension of Tricia Drive. The impact of these additional trips to the residents of Tricia Drive and its feeder streets will be minimal. The impact of the office building traffic performing U -turns at Blauer Drive is difficult to assess; however, about one -half of the 326 vehicles will have need to proceed south, and by a similar comparison all southbound traffic going to the development will be required to make a U -turn at Miljevich Drive. IMPACT - PART II The second proposal consists of the entire parcel being developed into ten single - family detached dwellings. As in the former discussion, each home will again generate ten trips per dwelling, aggregate g, or an a re ate total of 100 trips per average weekday. All of these trips will enter and exit by means of a new street connecting to Saratoga - Sunnyvale Road. This proposed street would enter Saratoga - Sunnyvale Road approximately 350 feet south of Blauer Drive. Thus, all vehicles leaving would, by necessity, travel north and if required to go south, make a U -turn at Blauer Drive, The reverse situation would occur for vehicles southbound, with the U -turns taking place at Miljevich Drive. The traffic counts indicate that approximately one -half of all trips generated per day will make U -turns at one of these locations. It is beyond the skills of this profession to predict the accident potential for these additional maneuvers. Mr. David Wilson -3- November 6, 1981 CONCLUSION Each proposal has numerous merits and demerits from the standpoint of safety, convenience, residential integrity and the needs of the community. Strictly from a traffic engineering viewpoint, neither proposal's traffic generation figures will significantly alter the existing level of service on the adjacent streets. Obviously, the ten -home residential proposal will have a higher safety index since it will generate fewer vehicular trips than the Office complex. Respectfully, Robert G. Temmermand Traffic Engineer 30 �) r 7 �7 eb v. j rr A -f 10, —j: 0 10 IS, �oo n's k !-Lz'.'ej'd 7c, OW _,.TD 13777 FRUITVALE AVENUE SARATOGA. CALIFORNIA 95070 (408) 867 -3438 TO: Director of Public Works DATE: 7/15/81 FROM: Asst. Director of Public Works SUBJECT: SD 1489, Wilson Development - Tricia Way The following report is intended to make you aware of the position I presented to the Planning Commission during their consideration of the subject subdivision. It was and remains my position that direct access onto Highway #85 would be undesirable. Due to the proximity of the Blauer Dr. intersection, a median opening most likely would not be permitted by Caltrans. This would require U -turns to be made at either Blauer Dr. or Paramount Dr. Such maneuvers on a high volume road are considered very bad practice I explained the potential for accidents is closely related to roadway volume and, therefore, felt the use of Regan Ln. and Blauer Dr. for access was clearly preferred. Because of these and other potential traffic safety problems, i recommended that the subdivision take access by extending Tricia Way. Further, that it was my opinion that Tricia Way was stubbed at this location to provide this access. Background Data: Blauer Dr. (west of Regan Ln.) 2071 ADT Peak Hr. (3 -4 p.m.) volume 244 Regan Ln. (south of Blauer Dr.) 1378 ADT Peak Fir. (4 -5 p.m.) volume 203 Hwy. #85 (south of Cox Ave.) 30,000 ADT* Peak Hr. volume 3,300 *Two -way total of divided roadway. I hope that this memo gives :you 0an rs tandi.iq of what took place at the Planning Commission. Dan Trinidad, Jr. DT /dsc ru:•,: 2940 SCOTT BOULEVARD SANTA CLARA. CALIF. 95050 Ms. Virginia Laden Butler & Wilson Inc. 14370 Saratoga Avenue EDWARD L. PACK ASSOCIATES ,INC. Consulting, Acoustical Engineers TELEPHONE: (408) 727 -6840 April 8, 1981 Project No. 13 -057 Saratoga, California 95070 Subject: Traffic Noise Assessment Study for the Proposed "Tricia Woods ", Single - Family Residential Development, Saratoga- Sunnyvale Road and Tricia Way, Saratoga Dear Ms. Laden: This report provides the results of an environmental noise study which included field measurements of existing noise levels, predictions of future noise impacts and evaluations for the proposed single - family development, as shown on the Tentative Tract Map, Ref. (a). The measurement data were used to assess the existing noise environment at the site due to traffic sources on Saratoga - Sunnyvale Road. The mitigation measures presented herein have been designed to achieve compliance with the noise standards imposed by the City of Saratoga, Ref. (b). Sections I and II of this report contain a summary of our findings and recommendations, respectively. Subsequent sections contain the measurement data, calculations and analyses. Appendices A and B, attached, contain the reference material and definitions of the standards and terminology, a description of the acoustical instrumentation used for the field survey, and the ventilation and building shell requirements. MEMBER: ACOUSTICAL SOCIETY OF AMERICA AMERICAN SOCIETY OF SAFETY ENGINEERS AUDIO ENGINEERING SOCIETY INSTITUTE OF ENVIRONMENTAL SCIENCES 2 I. Summary of Findings The findings of this section were made from the on -site measurements and analyses of Saratoga - Sunnyvale Road traffic noise. The field measurement data were used to calculate the Community Noise Equivalent Level (CNEL), as specified by the City of Saratoga and used in the standards imposed on this project. The standards are described in Appendix B. The noise levels and excesses shown below are based on an estimated minimum setback distance and are without the application of mitigation measures. A. Exterior Noise Levels Exterior noise levels are 64 dB CNEL at a 50 ft. setback distance from the west property line along Saratoga- Sunnyvale Road on lots 7 thru 10. Under Projected future traffic conditions for year 1995, the noise levels will be increased to 67 dB CNEL. Therefore, the existing and projected future levels on lots 7 thru 10 will be 4 dB and 7 dB, respectively, in excess of the 60 dB exterior limit. Noise levels on lot 6 will be 2 dB lower based on a setback distance from SaratogaT Sunnyvale Road of 100 ft. B. Interior Noise Exposures Interior noise levels will be 49 dB CNEL in the most impacted living spaces, i.e., in houses on lots 6 thru 10 will be 15 dB lower than the exterior levels shown above. Thus, the interior levels will be up to 7 dB in excess of the 45 dB interior limit of the Saratoga standards. TZ;R) I 1 111 l` J 1 ti o0 14��AA1101 t+. sd I r r r • r I �h MD 7 W* r ~ - 16 r mols4 `wa/is z r -o r r \ � H r _ MHA FOR Faw r F1I 3 1 1 w fl5flAb YZI /L DING .. �TOBF REN10Vflly t� -- N 1,1 r go,. }. NO 7 ro LF ,y(4 a,. V1_ tip' Moir 700 5 ,G� ,� '3 ,8o= 9 r� e5 s -roe-T f foot s JjLUS1 AC) �. LEX.DRwr1'7,0 V17 ,•� — - — _ / •rte /1 A- - Noise Barrier _,tr fi. tt�.•• `I �F,•. '� • :rte gA? 1� !O III r Mf4'(1 6 wa,a EAS"IL -AI T I �- <I l� a IANDSL- 'IN6 Ike! JN/ TO MA N fR Figure 1. Recommended Noise Barrier Walls For A 50 Ft. Setback From The West Property Line On Lots 7 Thru 10 and A 100 Ft. Setback On Lot 6. Barrier heights are in reference to existing ground elevation at the barrier locations. 3 Mitigation measures to control the exterior and interior noise excesses will be required and are described in Section II below. II. Summary of Recommendations In order to achieve acceptable exterior and interior noise levels, the following noise control measures are recommended: - A 6 ft. high barrier wall along the west property line of lots 6 thru 10, based on a house setback distance from the west property line of 50 ft. or greater for the houses on lots 7 -thru 10 and a house setback distance of 100 ft. for the house on lot 6. - For sound flanking control, an 8 ft. high barrier wall is required, extending continuously along the north property line of lot 6, and a 6 ft. high barrier along both sides of the emergency easement. In addition, the barrier must connect with the existing wall at the adjacent property to the south along Saratoga - Sunnyvale Road. If a house setback of less than 50 ft. is used on lots 7 thru 10 and less than 100 ft. on lot 6, then an 8 ft. high barrier wall will be required along the west property line. The barrier wall heights specified above are in reference to the ground elevation at the barrier location. The barrier wall locations are shown on Figure 1, herein. 4 A barrier wall to be acoustically effective must be constructed air - tight, that is without cracks, gaps or other openings and should provide for long -term durability. The barrier can be constructed of earth berm, masonry, stucco, or wood, and with a minimum surface weight of 1.5 lbs. per sq. ft. A combination of earth berm with masonry or wood fencing on top is also acceptable. The pre -cast masonry walls shown on the plans, by WTW, Inc. for Sierra Precast, Ref. (c), will be acceptable if the heights and locations conform to the specifications described herein and to Figure 1. If wood fencing is used for some barrier segments, homogeneous sheet materials are preferable to conventional wood board fencing because of the tendency of the latter to warp and form openings with age. However, high quality, airtight tongue- and - groove, shiplap or other board construction can be utilized. All joints including connections with posts or pilasters must be sealed and no openings are permitted between the upper barrier components and the ground. The flanking control barriers along the emergency easement can use masonry or wood and must be extended along the full length of the easement as shown on Figure 1. The noise control barriers recommended above will resolve first -floor interior noise excesses for houses on lots 6 thru 10. However, if two -story houses are constructed on these lots, a closed window condition with appropriate ventilation will be required at second -floor spaces having a direct or side view of Saratoga- Sunnyvale Road, where the line -of -sight path is less than 200 ft. In addition, double- strength glass (rated STC 21 or higher), must be installed in windows which are specified to be closed and which are within 50 ft. of the west property line. All other windows can use standard single- strength glass or thermopane. The windows specified to be closed are to be operable, as the requirements does not imply "fixed" windows. The ventilation requirements must conform to'those specified by the Uniform Building Code (UBC), as described in Appendix B. III. Site, Traffic and Project Description The proposed development site in Saratoga is located directly east of Saratoga - Sunnyvale Road and is between Blauer and Miljevich Drives. The site is generally level, with an elevation of 6 -9 ft.' above the adjacent roadway surface of Saratoga- Sunnyvale Road. The surrounding land use is single- family residential and commercial. Noise intrusion over the site originates primarily from the vehicular traffic on Saratoga - Sunnyvale Road, which carries an Average Daily Traffic (ADT) of approximately 25,000 vehicles, as reported by Cal Trans, Ref. (d). After completion of the proposed project, the site will be occupied by ten single - family detached houses. Access will be by way of Tricia Way. IV. Existing and Future Noise Levels Impacting the Site A. Existing Noise Levels To define the existing noise enviornment, continuous recordings of the sound levels were taken at a location 40 ft. from the curb of Saratoga - Sunnyvale Road on lot 6 of the planned project. This location was considered a worst -case location 6 - for the backyard recreation area. The measured noise levels were adjusted for additional distance to a 50 ft. house setback for the CNEL evaluation. To obtain the equivalent continuous sound levels .(Leq) for calculation of the CNEL index used in the standards, the noise levels were recorded on March 31, 1981 for a total duration of 8 hours. The recordings included sampling intervals in the daytime, evening and nighttime periods. The primary measuring instrument used for the field survey was a Gen Rad Company Community Noise Analyzer. The analyzer processed the daytime, evening and nighttime recordings to yield a series of statistical values of the sound levels versus time, in the L10, L50' and L90, i.e., the levels that were exceeded 100, 500" and 900 of the time, and also the Leq, which was used in the CNEL calculation. The statistical levels are expressed in "dBA ", and the CNEL values are expressed in "dB ". As shown in the table, the Leq values measured along Saratoga - Sunnyvale Road were 66 to 68 dBA in the daytime period, 63 to 64 dBA in the evening and 61 to 62 dBA in the nighttime recording interval. TABLE I Traffic Noise Levels Measured at 40 Ft. From the Curb of Saratoga -Sunnyvale Road Time Period Noise Level, dBA max L10 L50 L90 Lmin L 2:00 -3:00 pm (daytime) 78 70 65 am _ 3:00 -4 :00 pm of 79 71 58 49 66 4:00 -5:00 pm 66 59 50 67 5:00 -6:00 pm 11 79 72 67 50 41 68 8:00 -9 :00 pm (evening) 80 78 72 68 67 59 50 68 9:00 -10:00 pm 62 56 47 64 10:00 -11:00 P m (nighttime) 77 79 67 66 61: 55 46 63 11:00 Pm -12:00 midnight 11 77 65 60 54 45 62 59 53 44 61 Traffic noise diminishes at the rate of 3 -6 dB for each doubling of the distance. Therefore, lots 1 thru 5 on the site at greater distances from Saratoga- Sunnyvale Road will be subjected to lower levels of noise. Additional acoustical shielding will be provided by future intervening buildings on lots 6 thru 10. B. Future Noise Levels Future traffic volumes on Saratoga - Sunnyvale Road along the site are projected to increase from the existing ADT of 25,000 to an ADT of approximately 46,000 in 1995, as reported by Cal Trans, Ref. (e). This additional volume will yield a sound level increase of approximate) levels shown in Table I above. y 3 dBA over the Present V. Evaluation of Traffic Noise Exposures To evaluate the on -site noise levels against the City of Saratoga standards, the Community Noise Equivalent Level (CNEL) descriptor was calculated as a decibel average of the Leq values for the daily time periods. Evening and nighttime weighting factors were applied and an adjustment was included to represent average traffic conditions in the daily subperiods using methods developed by the Highway Research Board, Ref'. M. An adjustment was also applied to allow for a rear setback distance from Saratoga - Sunnyvale Road of 50 ft. on lots 7 thru 10 and a setback Of 100 ft. on lot 6. Thus, the CNEL was computed in accordance with the mathematical "formula shown in Appendix B. The calculations yielded a CNEL of 64 dB on lots 7 thru 10 for existing traffic conditions and will increase to 67 dB CNEL for future year 1995 traffic conditions. The CNEL on lot 6 was calculated to be 2 dB lower due to additional shielding effects and distance. The excesses over the standards will be 4 and 7 dB for existing and future conditions on lots 7 thru 10, and 2 and 5 dB for existing and future conditions on lot 6. To determine the interior CNEL, a 15 dB reduction was applied to the exterior levels to account for the attenuation of the building shell under annual average conditions. The annual average condition assumes that windows are open half of the year and closed the remaining half of the year. Thus, the interior CNEL in the most impacted living spaces, i.e., the houses on lots 7 thru 10, based on a 50 ft. setback distance from Saratoga - Sunnyvale Road, will be 49 dB for existing traffic conditions and will increase to 52 dB CNEL for future year 1995 traffic conditions. Thus, the noise excesses will be up to 7 dB over the interior limit of 45 dB CNEL. 8 - V. Evaluation of Traffic Noise Exposures To evaluate the on -site noise levels against the City of Saratoga standards, the Community Noise Equivalent Level (CNEL) descriptor was calculated as a decibel average of the Leq values for the daily time periods. Evening and nighttime weighting factors were applied and an adjustment was included to represent average traffic conditions in the daily subperiods using methods developed by the Highway Research Board, Ref. (f). An adjustment was also applied to allow for a rear setback distance from Saratoga - Sunnyvale Road of 50 ft. on lots 7 thru 10 and a setback Of 100 ft. on lot 6. Thus, the CNEL was computed in accordance with the mathematical "formula shown in Appendix B. The calculations yielded a CNEL of 64 dB on lots 7 thru 10 for existing traffic conditions and will increase to 67 dB CNEL for future year 1995 traffic conditions. I The CNEL on lot 6 was calculated to be 2 dB lower due to additional shielding effects and distance. The excesses over the standards will be 4 and 7 dB for existing and future conditions on lots 7 thru 10, and 2 and 5 dB for existing and future conditions on lot 6. To determine the interior CNEL, a 15 dB reduction was applied to the exterior levels to account for the attenuation of the building shell under annual average conditions. The annual average condition assumes that windows are open half of the year and closed the remaining half of the year. Thus, the interior CNEL in the most impacted living spaces, i.e., the houses on lots 7 thru 10, based on a 50 ft. setback distance from Saratoga- Sunnyvale Road, will be 49 dB for existing traffic conditions and'will increase to 52 dB CNEL for future year 1995 traffic conditions. Thus, the noise excesses will be up to 7 dB over the interior limit of 45 dB CNEL. r, ARM �. 9 - In the house on lot 6, the interior levels will be 47 dB CNEL for existing traffic conditions and 50 dB CNEL for projected year 1995 traffic conditions, based on a 100 ft. setback from Saratoga- Sunnyvale Road. These levels will be 2 and 5 dB in excess of the 45 dB limit. Therefore, mitigation measures will be required in order to comply with the standards imposed by the City of Saratoga. The recommended measures are described in Section II. As a result of the combined noise attenuation effects of the recommended noise barrier wall and the elevated west property line, the noise reduction will be 8 -10 dB for houses on lots 6 thru 10. Future houses on lots 1 thru 5 will benefit additionally from increased distance from the road and from shielding by interposed buildings on lots 6 thru 10. Thus, all exterior and interior locations will be within the 60 dB and 45 dB CNEL limits, respectively. The study findings and recommendations for present conditions are based on field measurements and other data and are correct to the best of our knowledge. However, the future noise level predictions are based on information provided by Cal Trans. Significant deviations in traffic volumes from the predictions and future changes in motor vehicle technology and noise regulations may produce long -range noise results different from our estimates. - 10 - This report presents our acoustical assessment for the Proposed single- family residential development at Saratoga - Sunnyvale Road and Tricia Way in Saratoga. If you require any additional information or elaboration of this report, please call me at your convenience. Sincerely, Edward L. Pack, P.E. Principal Acoustical Consultant ELP:m Attachment: Appendices A and B i I APPENDIX A References: (a) Tentative Tract Map for "Tricia Woods ", for Butler and Wilson, Saratoga - Sunnyvale Road and Tricia Way, Saratoga, by Kier & Wright, Santa Clara, February 27, 1981 (b) Information on City of Saratoga Standards Provided by Planning Department Staff in a Telecon to Edward L. Pack, March 25, 1981 (c) "Precast Concrete Wall Assembly ", by Sierra Precast, San Jose, and WTW, Inc., San Jose; Irrigation and Planting Plan for Tract 6199, Saratoga - Sunnyvale Road, Saratoga, by Onorato Associates, San Bruno, November 4,1977 (d) "1979 Traffic Volumes on California State Highways ", State of California Department of Transportation, - Sacramento (e) Information on Future Saratoga- Sunnyvale Road Traffic Provided by Mr. Fong, Cal Trans, San Francisco, by Telecon to B. W. George of Edward L. Pack Associates, Inc., April 3, 1981 (f) Highway Research Board, "Highway Noise, A Design Guide for Highway Engineers ", Report 117, 1971 APPENDIX B Noise Standards, Terminology, Instrumentation and Ventilation Specifications 1• City of Saratoga Noise Standards The standards of the City of Saratoga as imposed on this project, use the Community Noise Equivalent Level (CNEL) descriptor, and identify an exterior noise level of up to 60 dB CNEL as a satisfactory exterior environment for single - family residential land use. The standards also establish a noise level limit of 45 dB CNEL for interior living spaces. B -1 2. Terminology A. Statistical Noise Levels Due to the fluctuating character of urban traffic noise, statistical procedures are needed to provide an adequate description of the environment. A series of statistical descriptors have been developed which represent the noise levels exceeded a given percentage of the time. These descriptors are obtained by direct readout of the Community Noise Analyzer. Some of the statistical levels used to describe community noise are defined as follows: Leq The equivalent- energy level is that level of a steady noise having the same energy as a given time - varying noise. The Leq represents the decibel level of the time - averaged value of sound energy or sound pressure squared. The Leq is the noise descriptor used to calculate the CNEL. L10 - A noise level exceeded for 100 of the time, considered to be an "intrusive" level. L50 - The noise level exceeded 500 of the time, representing an "average" sound level. L90 - The noise level exceeded for 900 of the time, designated as a "background" noise level. B -2 Planning Commission Meeting Page 3 Minutes 9/23/81 SDR -1453 (c nt.) Commissioner D nia moved to approve the Negative Declaration for SDR -1453. Commissioner King seconded the motion, which was carried unanimously. Commissioner King then restated his motion to approve SDR 1453. Commissioner Monia seconded the Imotion, which was carried unanimously. Vice - Chairman explai ed. -to the applicant that the Commission is very concern- ed about setting a precedgnce at this level for safety conditions that can come about. She notified tie applicant of the 15 -day appeal period. PUBLIC HEARINGS 4a._.,.Negative Declaration - SD -1505 - Wilson Development Corporation 4b. SD -1505 - Wilson Development Corp., Request for Tentative Subdivision Approval for 10 lots on Saratoga- Sunnyvale Road Staff described the current proposal, stating that the project had been before the Commission and appealed•.to the City Council for a 10 -lot sub- division with access off of Tricia Way; the current proposal is for access off of Saratoga - Sunnyvale Road. They indicated that Staff still feels that the safest access is from Tricia Way; however, the access out to Sara- toga- Sunnyvale Road should be such that the site problems and access diffi- culties are minimized.- The public hearing was opened at 8:20tp . vi. Dave Wilson, the applicant, pointed out that the Staff Report states that the present application meets Subdivision and Zoning Ordinance criteria. He commented that they felt the best way to develop these lots would be with access off of Tricia Way; however, they have listened to the neighbors, the Commission and the City Council, and this proposal is a compromise of their wishes. He noted that they have discussed the access with CalTrans, and have received a letter stating that this current proposal is acceptable to them. Mr. Wilson stated that this area is zoned R- 1- 12,500, and the subdivision has an average lot size of 15,560 sq. ft. He pointed out that if only eight lots were approved, they would increase in size to over a half -acre, and that is not compatible with all the other houses in that area. Dick Kier, the engineer, discussed the intersection of the proposed street and Saratoga- Sunnyvale Road, including the treatment of the existing path. He noted that Condition II -B should read "Street improvements on 45 ft. of right -of -way to be 30 feet." Bob Saxe, the attorney for the applicant, stated that the project meets all City requirements. He discussed the access and the visual aspects. He commented that this subdivision has been studied, designed, and redesigned :.�.,� ;:.;;::,:•,,:; .., in a way to accommodate every concern that was raised. Bob Granum, 20421 Tricia Way, addressed the Commission, stating that the proposal does not address good solid consistent planning principles. He commented that he feels this is not the only alternative plan and does not eliminate the temporary easement that exists in front of his home. Mr. Gramm indicated that the City street is on 9 feet of his property, and it was always intended to be removed. He stated that Lot a2 backs up into his front yard, into his neighbor's front yard, and is viewed by the people on Tricia Way. Mr. Granum stated that he did not know of any instance where a hack yard is contiguous to the front yard of another home in Saratoga.' He submitted an alternative plan, which (1) eliminated the temporary cul -de -sac and temporary easement; (2) adheres to the findings of the Commission and City Council; and (3) eliminates the poor principle of having rear yards face front yards. Commissioner King moved to close the public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Staff commented that, while it is true that it is not common practice to have •i• .�t; -r•R•• - Planning Commission Meeting Page 4 Minutes 9/23/81 SD -1505 (cont.) rear yards adjacent to side or front yards, it would not be unique in Saratoga; there are other such situations. Commissioner King stated that, while the Commission has heard a great deal from the neighbors about their concern with traffic, he feels that the origi- nal proposal for 10 lots as an extension of'Tricia Way was far superior to the current one. He added that good planning says that this is a less safe .alternative to the original proposal. Commissioner King stated that he believes that if the subdivision were conditioned for single -story struc- tures it would eliminate a lot of the concerns of the neighbors expressed in many hours of testimony, and that the traffic issue would be better served by the original plan. Commissioner Dlonia stated that he feels the current proposal is the best, given the alternatives that have been studied. He added that he feels that is the basic consensus that came out of the meetings with the developer, the residents and the City Council. Commissioner blonia moved to approve the Negative Declaration for SD -1505. Commissioner Bolger commented that he has had a great deal of concerns about this particular project. He noted that his original comments were that he did not feel that the first proposal was consistent with the General Plan and he was not in favor of the emergency access the way it was proposed. He added that he has been concerned about the routing of the traffic out to Saratoga- Sunnyvale Road; however, he feels if the traffic was routed back out through Tricia Way, it would go down Regan and eventually end up on '...;•r.`;- = >:a`:;_;:',�._.; Blauer. He stated that he has concluded that this proposal would generate only around 120 vehicle trips per day qn a road that is probably generating an excess of 20,000 vehicle trips per day; therefore, he would second the motion to approve the Negative Declaration for SD -1S05. Commissioner King commented that he did not feel it is the number of trips per day that cause the hazard, because the number is quite small in either case. He explained that he is troubled by the incidents of people turning and stopping for turns at another intersection, as opposed to vehicle trips per day. Commissioner Bolger commented that he has taken that into account, and he feels that primarily there will be vehicles turning to the right or coming out and turning to the right, not cross traffic. He added that he feels that since there is not going to be a traffic light at Blauer Drive at this time, the original proposal would merely be impacting that unlighted inter- section with more traffic that would be going across at a full intersection. The vote was taken on the motion to approve the Negative Declaration for SD -1505. There was a tie vote, since Commissioners King and Schaefer dissented. Commissioner Schaefer stated that she had voted against the motion because she agrees with Commissioner King. She explained that, although CalTrans has said they feel that it is potentially safe, she feels that having two roads so close together is critically unsafe, particularly for pedestrians and bicyclists. Commissioner Schaefer stated that she would like to see a compromise on Tricia !lay with perhaps 8 homes, rather than creating little pockets off,of Saratoga- Sunnyvalo.Road. Tile Deputy City Attorney stated that, since there is a split vote, the matter could be agendized at the next meeting, when there will be a full Commission. Discussion followed, and Mr. Wilson, the applicant, stated that lie felt the matter would end up at the City Council in any event, and he would like to expedite the matter. Commissioner Monia moved to deny the Negative Declaration for SD -1505, because there was a deadlock and the applicant would like to move to the City Council as soon as possible. Commissioner King seconded the motion, which was carried unanimously. - 4 - 0 . _:..; y °mss..: <: .... _ ........... _1 Planning Commission Meeting Page 5 Minutes 9/23/81 SD -1505 (cont.) Commissioner Monia moved to deny SD-1S0S. Commissioner King seconded the motion, on the basis that the prior plan of the 10 -lot subdivision taking access off of Tricia Way is the desirable solution. Commissioner Monia commented that the purpose of making the motion to deny this subdivision is to allow the applicant to have some expeditious means of resolving his problem. The motion was carried unanimously. S. A -782 Aaron Berman, Request for Design Review Approval to allow the construction of a one -story single family dwelling over 22' in height (32' -36' max.) on Via Tesoro, Lot #2 Staff described e current proposal. The public heari was opened at 8:57 p.m. Angelo Lieber, rep esenting the applicant, stated that the house they have submitted is 21 ft. high and they are asking for a 14 ft. rise, which would total 35 ft., not 41 \42 ft., as suggested in the Staff Report. Staff clarified that they lb ave m0a sured the height of the proposed structure from the approved fin shed floor of 404 to the top of roof, which would make the structure 34 t. from natural grade or 39 ft. from finished grade. Mr. Lieber stated that hey feel they have a problem with the interpreta- tion of natural grade be ause the lot is unique, and the ordinance does allow for the alleviatio when one has a nonvisible basement area. He commented that they would like the tintprpretation of a nonvisible basement addressed at this time. M�. Lieber indicated that Mr. Haas had represented himself as the developer at\the previous hearing; however, Mr. Berman owned the property at that time, " d he was not aware that the property was under review. Therefore, he did n t have the opportunity to address the 2 ft. request to drop the pad down o 404, which it is now. Mr. Lieber submitted an exhibit showing this and stated that the house that Mr. Berman had designed did not take this requirement into consideration at the time. He explained that Mr. Berman has been promised an outstanding view of 360 degrees; he now does not have this. Mr. Lieber indicated that they have submitted a new plan which has a 'reduced height in the structure itself; secondly, they are asking that it'be raised so the applicant has a reasona- ble view. He clarified that Mr. Berman bought the property from Mr. Haas, and Mr. Haas was not under contract at the time of the previous hearing in February to develop the property. The Deputy City Attorney stated that \t is should be considered as a new design review approval, and he did not feel that the situation involving Mr. Haas was pertinent at the present time. Commissioner King commented that the neighbors had previously been concerned about the,height of this house, and now the,applicant is proposing to raise it to a 443 elevation. Mr. Weaver stated that another reason for tl\e,request to raise the pad is because Mrs. Berman has a problem with her legs and cannot go upstairs. Chuck Allen, aide to the applicant, clarified that Mr. Berman's plan does not include a cellar, and the large void that exists there now because of the cut will be backfilled. Ron Mancuso, Chester Avenue, stated that he was confused, because he thought the design had been worked out. fie commented that, looking at this plan, the refill is going to he at a point as high or higher than the highest point of the lot that exists nog:, and from that point-,it will be raised. He expressed concern for himself and the homeowners im.that area regarding the impact on privacy. He stated that he feels this design takes unfair advantage of the privacy of the existing homes, and some, type of modifica- tion should be considered. Chuck Allen indicated that the landscaping g plan has a IS ft. landseaned I� A- �1 AGENDA V. PUBLIC HEAPING - 8:00 p.m. T A. APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE SUBDIVISION APPROVAL FOR TEN LOTS ON TRICIA WAY (Applicant /appellant, David S. Wilson) 7- 7/15/81 ACTION The City Manager reviewed the appeal. The Planning Director briefed the Council on the subdivision, stating that the principal issues were (1) nu ber of lots on a cul -de -sac, (2) leng of the cul -de -sac, and (3) number or' location of two - stories. It was note, that the Public Works Department had indicated that the mose* logical and safest way was to have access on Tric Way; however, the neighbors were not in favor of this access because of th, increased traffic. The Planning Dire for pointed out that the General Plan as well as the Subdivision Ordinance, indicates as a matter of policy that there only be 15 lots on a cul -de -sac unless there is an emergency access. He added that this project does have an emergency access provided in the cul -de' -sac to Saratoga - Sunnyvale Road which does meet that provision. Discussion followed on the length of the cul -de -sac and the possibility of full access onto Saratoga - Sunnyvale Road. The Public Works Director stated that it has been an effort of the City to minimize the number of streets intersecting thoroughfare streets, particularly streets such as Saratoga - Sunnyvale Road which has a heavy traffic volume. He explained that to access this would require U -turns at Blauer and Paramount and creates an additional maneuver in a traffic stream of heavy volume, ivtiich adds to the hazards of the roadway. The Planning Director discussed the proposed soundwall, including land- scaping, sound - proofing and the appropriate setbacks. The public hearing was opened at 8:20 p.m. Bob Saxe, attorney representing the appellant, stated that the engineer was present tonight to explain how the design of the adjacent Pinn Brothers subdivision, which he pre- pared, was done in such a way that Tricia Way was intended to he the. extension to serve this property. Mr. Saxe quoted the Staff Report on this project, which states that the project complies with all objectives of the General Plan and requirements of the Zoning and Subdivision Ordinance. He pointed out that this proposal speci- fically provides for emergency access I 8- 7 /1S /S1 AGENDA ACTION and is consistent with the language in the General Plan. He noted that, regarding the length of the cul -de -sa the Planning Commission had agreed that it was not realistic to take access directly onto Saratoga- Sunnyva Road; therefore, he felt the finding could be made that Tricia Way is the only feasible access. Mr. Saxe dis- cussed the traffic and pointed out that the Public !Yorks Staff had state that there would be no traffic impact as a result of this project. Dave Wilson, the appellant, discussed the development of the project, stat- ing that, after much time and study, they had determined that the most intelligent and well planned develop- ment would be an extension of Tricia Way. When questioned about alterna- tives, he stated that if the Citv makes the determination that Saratoga Sunnyvale Road is a better access to the property, they will investigate that access. Mr. Wilson discussed the proposed landscaping along Sara- toga-Sunnyvale Road. Mr. Richard Fier, engineer, described the soundwall, including its location and setbacks. Thomas O'Donnell, the attorney repre- senting the neighbors on Tricia Way, showed a chart indicating the loca- tion of the signators on the petition which had previously been submitted against the project. He explained that his clients are not against the development of the property, but arc concerned about access and density. Mr. O'Donnell stated that they would like to see the access be right turns onto Saratoga - Sunnyvale Road, and if the Council does not feel that to be a satisfactory solution, then they would like the number of homes to be reduced to 6. He pointed out that a right turn onto Saratoga - Sunnyvale Road does not seem to be that dan- gerous, and they are concerned with the safety of the children. Pat Carroll, resident of Tricia liay, discussed the proposed access onto Tricia, stressing concern that there are 18 children in the 9 homes on Tricia Way. Ronald Pizaiali, 13123 Regan, stated that he had not seen any other alternatives from the developer, even Z AGENDA f � 9- 7/15/81 ACTION though promised. He expressed con- cern over tree removal, specifically at the entrance point into the expan- sion of the cul -de -sac. He added that they were only asking for an ex- tension of the current access to Saratoga - Sunnyvale that already exists My. Touns, 13035 Regan Lane, expressed concern over the traffic and the height of the houses. The Planning Director explained that each home will be going through design review. Gil Troutman, 13070 Regan Lane, commented that two -story homes would completely block his view. He express a desire for a stop sign on the corner of Tricia Way and Regan and also on Argonaut and Regan, in order to slow down traffic. He indicated that he felt a traffic light at Saratoga - Sunnyvale would slow down traffic sufficiently to make a safe access ont that road from the new development. Alan Kin„ 14690 Fieldstone Drive, spoke to the fact that he believes th;o the Planning Commission erred in this decision, and he feels the project does meet the intent of the General Plan and the local zoning. He added that he feels the Planning Commission should have conditioned the develop- ment for single -story homes, which would be appropriate for the community Bob Granum, Tricia Way, referenced the petition with 72 signatures that had been submitted, opposing this development. He stated that he has the right to preserve the well being of his family and property value, and when he purchased his home there was clearly a temporary curve at the end of the cul -de -sac. He noted that the initial Staff Report had been changed and it now says that an option does exist. He stated that he had con- tacted CalTrans, who said that an asses can be provided on Saratoga - Sunnyvale Road if a reasonable plan is presented lie urged that this proposal be referred hack to the Staff or develops for alternative solutions. Mr. Saxe again addressed the Council, clarifying that construction traffic on Tricia Way could be avoided by constructing from Saratoga-Sunn \'Cale Road up the existing driveway. lie also commented that they are agreeable to C -AGENDA 10- 7/15/81 'L ACTION Ithe condition of one -story homes. Mr. Kier explained that the sub- division map for Pinn Brothers very clearly shows the extension of Tricia Way and also indicates a temporary turnaround easement that was granted to the City by the developer. WATSON /MALLORY MOVED TO CLOSE THE PUBLIC HEARING (S -0). �CLEVENGER /JENSEN MOVED THAT THE APPEAL FOR SD -1489 BE DENIED. Councilmember Clevenger stated that she felt 1S homes should be allowed but no more. She added that she felt the overall cumulative traffic impact of a future development at Cunningham Court should also be considered. She stated that the access should be from Tricia Way and not Saratoga- Sunnyvale Road, and the issue is the number of homes on the cul -de -sac. She would approve this cul -de -sac if there were only 6 homes on it and it would not exceed the 1S homes that the City advocates. Councilmember Jensen concurred. She expressed the desire for the access to be moved to preserve the cluster of fir trees. She also indicated that she would like Staff to explore the possibility of a stop sign at Argonaut and Regan and Regan and Tricia Way. Mayor Callon indicated that she did not feel 10 homes would add much more traffic than 6, but expressed concern about the length and desilan of the cul -de -sac. She suggested the possi- bility of the developer either reducing the number of homes and shortening the cul -de -sac with access onto Tricia, or open the access onto Saratoga..Sunnyvale Road with the full number of homes. She added that she felt openings on Saratoga - Sunnyvale are dangerous, but if there were just 10 homes, it may be possible. The City Manager pointed out that this is not a de novo hearing and the issues to be considered at this time are those that were presented to the Commission. He explained that, while the Council may express preference or indicate its views with re -ard to the project, it would be inappropriate to condition the conclusions or findings. It was clarified that the issue of access is appropriate, but it would C AGENDA C C 11- 7/I5/81 ACTION not be appropriate to amend the tentative map. However, the Council can give the developer an indication of the direction the}, feel he should take. Councilmember Watson stated that he feels the significant issue is the number of cars that would impact that area; however, he is sensitive to the fact that Mr. Wilson would like to develop this in the most efficient an effective way. He concurred that there are alternatives that have not been explored that can minimize the impact to adjacent people, and, for that reason, he would support a denia of the application. The Planning Director clarified the fact that the developer could come in with a new map with 10 homes that had access only off of Saratoga - Sunnyvale Road, provided that lie meet all the necessary street standards and was able to meet the lot widths. Councilmember Mallory stated that he would vote against the motion, because he feels very strongly that there should not be a permanent acce� onto Saratoga- Sunnyvale Road with the increased houses in this area. H added that he thinks that the emergenc access is proper on Saratoga- Sunnyval and that Tricia Wav should be used fo the full access. He explained that the proposed development would main - tain the basic character of Tricia. He basically feels there is no reason because of the emergency access, to only have 15 homes in this area and feels this proposal is a moderate one The findings were discussed by the Ci Attorney. CLEVENGER /JF.NSEN .AMENDED THE MOTION TO DENT THE APPEAL ON SD-1489 WITHOU'i PREJUDICE, MAKING THE FINDING THAT THE PROPOSED SUBDIVISION DOES NOT MEI THE TERMS OF THE SUBDIVISION ORDINANC BECAUSE IT DOES REQUIRE A CUL -DE -SAC IN EXCESS OF 400 FEET wiTHOUT SECON- DARY ACCESS, AND THEY CANNOT MAKE THE FINDING REQUIRED BY SECTION 13. WHICH PROVIDES AN EXCEPTION TO THAT. Passed 4 -1 (Mallory opposed). Exhibit "A" Q.. oO�Goo Qq° o X000 ORT TO PLANNING COMMISSION DATE: 9/16/81 Commission Meeting: 9/23/81 SD -1505 Wilson Development, Inc., Saratoga - Sunnyvale & Tricia Way, Tentative Subdivision Approval - 10 lots -------------------------------------------- - = - - -- The applicant proposes to subdivide a 4 acre site on Saratoga - .e Rd in the R -1- 12,500 zoning district into 10 lots. The access lots is proposed to be via a public road from Saratoga - Sunnyvale Rd. iENTAL ASSESSMENT: Negative Declaration dated 8/27181 to be acted to action on the project. OTICING: The project has been advertised by posting publication in paper & mailings to neighbors within 500 feet. PLAN DESIGNATION: Medium Density Residential R -1 - 12,500 ING LAND USES: Commercial and Professional Administrative to the :ad residential to the east, south & west. ± 4 acres ?E: 3.05% Report to Planning Commission 9/16/81 SD -1505 Page 2 STAFF ANALYSIS: The previous application for the site (SD -1489) proposed 10 lots with access via an extension of Tricia Way and an emergency access road to Saratoga - Sunnyvale. The City Council, on appeal of this proposal made the finding that "the proposed subdivision does not meet the terms of the Subdivision Ordinance because it does require a cul -de -sac in excess of 400 feet without secondary access, and they cannot make the finding required by section 13.34 which provides an exception to that." (minutes attached) The present application meets Subdivision and Zoning Ordinance criteria. In discussion at the Planning Commission Committee of the Whole, some Commissioners expressed concern as to whether creating an additional access onto Saratoga - Sunnyvale would be a safe solution for -the subdivision's design. With respect to circulation safety the General Plan states "Facilitate the safe movement of vehicular traffic within and through the City; however., some inconvenience will be accepted where necessary to preserve residential integrity." Staff has stated that the safest way to access the proposed. subdivision is via an extension of Tricia Way. With this proposal the Tricia Way temporary cul de sac is left as is, contiguous to the rear yard of one proposed lot. Other concerns with the proposal are: 1. The noise generated by Saratoga - Sunnyvale traffic. A noise study was done with the original proposal and staff is recommending the applicant be conditioned to landscape and fence per the Noise Assessment Study. 2. The landscaping and pedestrian walkway along Saratoga - Sunnyvale Road. Staff recommends the applicant be conditioned to provide landscaping in the right -of -way and landscape easement continuing from the adjacent development. Additionally, for safety, the grade difference should be minimized for access onto Saratoga - Sunnyvale Road. 3. Location of two -story homes. Staff recommendations include a condition . for no two -story homes. 4. Trees. The site contains several significant trees, some of which.are to be removed by;the proposed street and several of which may need to be removed at the time of construction. Staff is recommending a condition for Design Review Approval for all the homes which includes review of any tree removals. If the Commission finds the project as proposed, complies with all objectives of the 1974 General Plan, they need to make the following findings: PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs.of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. Report to Planning Commission 9/16/81 SD -1505 Page 3 A negative Declaration was prepared and will be filed with County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: August 27, 1981 The Staff Report recommends approval of the tentative map for SD -1505 (Exhibit "B" filed August 20, 1981) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of firral approval; sub- mission of engineered improvement plans for any street work; and compliance with applicable Health Department requlations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - PUBLIC WORKS DEPARTMENT A. Standard Engineering Conditions. B. Street improvements on 45 ft. right -of -way to be 30 feet. C. No direct access allowed onto Saratoga Sunnyvale Road from Lots 1, 8 -10. No direct access allowed on Tricia Way from Lot 2. D. Provide pedestrian walkway along Saratoga - Sunnyvale Road at street grade as required by Director of Community Development. Subject to additional requirements of Planning Commission and /or Design Review. E. Provide decorative wall or fencing, including tree planting within lots along Saratoga- Sunnyvale Road. Subject to additional require- ments of Planning Commission and /or Design Review. F. Landscape area between fence and highway. Subject to additional requirements of Planning Commission and /or Design Review. G. Construct storm line as per Master Drainage Plan and as directed by the Director of Community Development. ti Report to Planning Commission 9/16/81 SD -1505 Page 4 III, SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: 1. Foundations, prior to issuance of building permits. B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope outfall, location etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. 5. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrows, sheet nos., owner's name, etc. C. Bonds required for removal of existing structures including wells and septic tanks. IV. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT A. Sanitary Sewers to be provided and fees paid in accordance with requirements of Cupertino Sanitary District as outlined in letter dated August 26, 1981 B. Annex to Cupertino Sanitary District prior to Final Approval. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. B. Developer to install 1 hydrant that meets Saratoga Fire District's specifications. Hydrant to be installed prior to issuance of building permits. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Cupertino Sanitary'District. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. Report to Planning Commission / 9/16/81 SD -1505 Page 5 C. Existing septic tank to be pumped and backfilled to County Standards. A $1,000.00 bond to be posted to insure completion of work. D. Seal well in accordance with County Standards. A $300.00 bond to be posted to insure completion of work. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Design Review Approval required on project prior to issuance of permits. The residences shall be built in accordance with the recommendations of the Noise Assessment Study dated April 8, 1981 on the project. B. No two -story residences shall be constructed on any of the lots. C. Individual structures shall be reviewed during Design Review to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision /building site. D. Applicant shall landscape all portions of the public right -of -way and the landscape easement that are to remain unimproved. Landscaping (including fencing) and irrigation plans shall be submitted to the Planning Commission for design review and approval prior to Final Map Approval. Landscaping and irrigation improvements shall be in- stalled and established within 90 days of completion of the right -of- way improvements. Fencing shall be in accordance with the recommenda- tions of the Noise Assessment Study dated April 8, 1981, and the stated alternatives. E. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right -of -way and easements. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowners association shall be responsible for maintaining the landscaped areas. I Report to Planning Commission SD -1505 9/16/81 Page 6 F. All individual lot owners shall be required to become members of a homeowners association for the express purpose of maintaining all landscaped areas within the public right -of -way and easements. The C, C, & R's of the homeowners association shall be reviewed and approved by the Planning Department, prior to final map approval. Approved: Kathy K&dus, Assistant Planner P. C. Agenda: 9/23/81 KK:lt w � a Planning Commission Meeting Minutes - 5/13/81 Page 8 E V -546 (coat.) North stated that the proposed construction enhances the house as it now stands. lie commented that the side yard clearance is very close to what leas been granted their neighbor, and lie would like same consideration. Commissioner Zambetti moved to close the public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner Bolger gave a report on the on -site visit, describing the site. Ile indicated that he did not feel the suggested options are viable. Commissioner Zambetti added that the options do not fit into• the classic design of this home. He added that the applicant has some difficulty because he is a corner lot and is set back on the lot. There- fore, there is no other location for him to expand his garage as other People in similar neighborhoods have done. Commissioner Crowther commented that the neighbor's house to the east does have a similar setback to that being proposed on the side yard. Commissioner Bolger moved to grant V -S46, making the findings. Commis- sioner Zambetti seconded the motion, which was carried unanimously. 8a.- Negative Declaration - SD -1489 - Wilson Development SD -1489 - lV" son Development, Tricia Way - 10 lots, Tentative Subdivision _ roval ssioner Laden abstained from the discussion and voting on this matter. Staff described the proposal, stating that several concerns have been raised: (1) the noise that is generated on Saratoga - Sunnyvale Road. A noise study was done with the environmental documentation and it recommends a 6 ft. high barrier along Saratoga - Sunnyvale Road to be con- tinued to the north on lot 6; and (2) access. The access was discussed. Staff explained that this would create 19 units on a cul -de -sac with an emergency access road, and City policy has allowed only 1S lots on a cul -de -sac unless there is a secondary or emergency access way. Staff noted that six neighbors have submitted letters requesting that no addi- tional access be allowed onto Tricia Way. They indicated that an option does exist to have public access from Saratoga- Sunnyvale Road instead of extending Tricia Way, and also limiting the numbers "of units on a cul -de- sac to 1S. The setbacks from Saratoga - Sunnyvale Road and the • -. . ".. noise were discussed. The public hearing was opened at 10:00 p.m. Dick Kier, civil engineer, discussed the proposed subdivision, including the access. He indicated ��- yx_.•�•,Y._;, that they have submitted additional documents on lot x6 to show the building nad area and the setbacks. The sound wall and emergency access were discussed. Commissioner Schaefer explained that on the on -site visit the intent seemed to be that i.t _ was not particularly safe to have another road come down onto Saratoga - Sunnyvale Road - or very advisable, because of the turnaround to go in the opposite direction there and because -- station traffic. of the gas Hal Ilamawi, 20432 Tricia Way, stated that he was very concerned about the new development because of safety as it relates to increasing density and the use of Tricia hlav during any construction. lie also indicated that he would like the Commission to comply with the Citv policy regarding the number of homes on a cul -de -sac without an emergency access. William Gloege, 13109 Regan Lane, requested that the Commission continue this matter, in order to give them an opportunity to prepare their comments. Staff suggested that it be continued to a study session where the neigh - hors and the engineer can discuss the project, and it could then he 8 - E S!,_- r •1 Planning Commission Dtceting Minutes - 5/13/31 Page 9 SD -1439 (cont.) returned to the Planning Commission's regular meeting, inhere a decision could be made. It was determined that it should be scheduled for a study session on Tuesday, June 2, 1931 at 7:00 p.m. The Commission requested the neighbors to exnress their concerns now, to allow the developer some time to prepare answers to the questions. Mr. Gloege commented that he would not feel comfortable about going beyond what they have submitted in writing at this point. It was suggested that there be another on site visit arranged by the developer and neighbors. Mrs. Townsend, Regan Lane, stated that she has lived there for 21 years and has watched deterioration take place. She stated that she was concerned about two -story houses being built behind them, since it mould block their view. She also expressed concern about the traffic impact on Blauer and the noise level. Staff was requested to do a traffic study on what the volume of traffic on Blauer is now and what it might be with additional homes. The intersection of Blauer was discussed. Staff indicated that there most likely will be.a signal either at Blauer or Brandywine, but currently it is being held in abeyance to gather further data. •- aa�::, ":�:s.�:�iy.'� °•fir :rte �=� It was directed that this item be continued to a study session on June 2, 1931 and the regular meeting of June 10, 1931. 9a. Negative Declaration - SD. 1490 - Park Saratoga Associates 9b. SDR -1490 - Park Saratoga A sociates, Prospect .avenue and Saratoga - Sunnyvale Road - 3 Commer ial Lots (Re- division), Tentative Building Site Approvnl Staff described the current troposal, explaining that the three buildings on the site would be separated evidently for tax purposes. They added that all of the buildings are either under construction or they have been completed. Staff noted hat the main concern has been by the Central Fire District, and they have c nditioned the Staff Report. Staff com- mented that there are three ad itional parking spaces on the second parcel; therefore, tile)- could a d an additional 450 sq. ft. They explained that the use permit would have o be modified to allow that. The public hearing was opened at :3S p.m. Commissioner Crowther stated that le would be strongly opposed to any new construction on that site, and asked if the split could be conditional on there being no new construction n an) of the lots. The Deputy City Attorney stated that the condition s already there to the extent that it is under a use permit and further c struction would require a modifica- tion of the use permit. Bob Pcdrick, reproscnting the applica t, stated that they were asking for the rediyision to separate the tilt c lots for tax purposes. He stated that he realised th;!t if one of the three lots is sold, a new use permit would have to be granted to nll -)w the existing uses to con- tinue. It was noted that a letter from Dr. Smit had been received, and it had ')con explained to him that there would he no new huildings. COm!!li5siO1let Za,ihctti moved to close the p blic hearing. Commissioner Schaefer seconded the motion, which was ca -ied unanimously. Commissioner Zamhctti moved to approve the Negative Declaration for SD- 14911• Commissioner Schaefer `econded the motion, which was carried 9 1• Planning Ccrm.ussion I Page 2 I Ikoeting Minutes 6/10/81 g SDR 1495 (cunt.) COmrussioner Bolger asked row e spring aryl ground water would impact the pro- ject. assistant Dir�ztor of �;alic Works Trinidad stated that the problem would have to be dealt w-iti in she future, since it had not been identified earlier. fie believed it wig: ^.t not impact the project. Dennis Eccles, soils er1ci per f:r Terratech, explained that his main concern was la.erinq the water level f.r excavation of the foundations. The soil was suitable for construcrion, he felt, but Terratech did not have sufficient data on the water level. f:e belie ;_�i the problEm might be solved by extending the subdrain system, if :0-utrrinc proved it necessary to do so. In. response to CxT,Ussioner Schaefe_,t- state_` that all drainage problems would be resolved. COrmissioner King noted that t`-- newer members of the Commision were not familiar with the case. COM[r ssicnar Zambetti then reviewed the history of the project. He pointed out that i- t:a Ccrr_ssion did not ask for widening of the street, no non - conforming problem would tcist. Other houses in similar situations have not been required to . -aK-e stro = improvements, underground utilities, or meet setback requirements, v sayd, _-d the structure is a good one which would meet a need in the Village. He e ,-:)re__ed concern that the project would not be built because of the cost of i:_rov� -ents. Cemmission-er Nbnia eti.ressed '• _s opinion that _-e e- -fisting non - conforming tuilding was being used to ta.e a.=va nt� of the circua-stances by pe^ sitting a rcn- cenforni .g use to continue. Planning Director not- that th�- non - conforming section of the ordinance should be revised. In any case, however, the General Plan indicated the necessity for increased density in be a=ea _ question. Further, the fact that the Village Merchants want increased foot ---affic inthe area should be considered, he believed. ZA%1BMI I /KING MOVED it GZ �„ B ?DLtiG SITE APPROVAL IN ACCORDANCE WITH EXHIBITS ON FILE A.ti•D S"AFF RE-= CA ED :/2, INCLUDING THE MITIGF:TION mEASURES OUTLINM IN THE COIZUN REPORT Dr,-, D 5/ /Sl, aND THE TERRATECH R-EPOf2T A� [.?F,f D-K; THE FIVDMIGS REQUIRED IN ACCO.RDPNCZ ::? -: T` :ALIFORNIA E1�VIF� i c TlI Q'Ik1LITY F:CT AID TI?F PRQ7 =�1 Iz C�;._= cTE2Zr WITH rIHE GENERAL PLAN. Passed 4 -i (tibnia opposed) . ftniG epos d). PUBLIC HEPRIC;GS . i 2. r' SD 1489 - iilson DeveLczrenc, Tr -cia Way, 10 hats, Tentative Subdivision Approval"; Continuedd from May 13, 1981 !ari Negative DeclDration) The biic hearing was open -d a_ 8;10 p.m. Planning Director reviewed :.istrl of project. The main issues, he said, were access and location of zwo- stor'_es. Deputy City Attorney T 1pel ad s": that the Commission must decide whether the' developer may exceed t - 15 -lot -dvisory limit placed by the General Plan on cul-de -sacs, since sec_--idar: aca:ss can be provided. In response to Commissi_+rrr Sul is question,AssistintPublic 11orks Director explained that an emer-�.c_ �Zc is is closed to regular traffic; secondary access can be op0 0 n to the DUt:_c. "- s7_ited that the Public Works 0.partment felt that Tricia should be used ns u r_7or-access; that direct access onto Ilighway 85 would _, -be undesirable because c=t. - t-:_fic volume there; and that the traffic would not adversely ir. --oct ex_stin: ,vies. Alb =rt J. Ruffo, 101 Pa='.; C -�a .r ?laza, San Jose, s:)oke as the attorney repre- senting the hcmc- clmers =:, T_-c_= 1rd the adjacent street. 1!a stated that the p develoer was consider_-= u__nq i_ghtay 9 as access. 110 asked to see any studies on the issue. Dick. Kier, reorOSentinc _!,e w:.: per, stated that he concurred ,.•ith the staff report's thlt 'ta.::crs v -fiich track up to the Saratoga- Sunny ^gale Ebad 17e restricted to one st1,;•. Me -IvOrecl access onto Tricia. Goinq farther south to construct a r_.: "i »_..:. •� quire more grading, hoc said, aryl he =,hasized that ter•unation of Tr:c.1 1`;:c porary. Planning Corrission Page 3 "leeting Minutes 6/10/31 \\ SD 1139 (cont.) Mr. Ruffo stated that if Tricia were extended, the distance of the cul -de -sac would be at least doubled, to 800' or 8501. He asserted that the General Plan's intent was to provide traffic safety, as well as emergency access. He also stated that if the sole exit wtse on Highway 9 some problems might be created, but that there were no significant problems in a similar situation at the Argonaut Shopping Center. He noted that the neichbors object to two - stories on the east side of the extension of Tricia; single- stories on High -,my 9 could be placed behind a wall to buffer the noise. The neighbors ,.ould accept the project if it were limited to 15 lots, he felt, and sulmitted a petition signed by 72 persons to that effect. He stated that cul -de -sacs in the area have nine lots at the frost. Commissioner Schaefer questioned Mr. Ruffo's statement that there were no traffic problems at Blauer and Brandywine, and Asst. Public Sdorks Director countered that there were significant accident problems in that area,.primarily from left turns being made onto the street. Dave Wilson, president of Wilson Developers, stated his belief that the project complied with the General Plan and all ordinances if served from Tricia Way. Caltrans would need to approve if Highway 9 were selected; then an exception from the subdivision ordinance would have to be granted because at least one lot with streets on three sides would thereby be created. Pat Carroll, 20418 Tricia Wav, said that District Engineer Ken Berner from Caltrans had claimed no jurisdiction when asked about the situation and had said that Caltrans would probably grant access through Highway 9 if a reasonable plan were surutted. Bob Branham, Tricia hay, asserted that the graff repo -t says no option for access through Highway 9 on aright- turn-only basis e::ists. He said that similar ex& -oles do exist in the City. He asked whether there had been a finding that no alter-native means of developing the property existed. Cormissioner Schaefer explained that the Commission has explored all options in spite of the statement in the staff report and C had made every effort to obtain public input. Planning Director pointed out that the Planning Co-mission was to make a decision on that mutter tonight; if they cannot make the finding, they must adhere to the 400' length requirement. Mr. Branham stated he would like to see the subdivision ordinance upheld. Ronald J. Piziali, 13123 Regan Lune, stated that there was already a development having homes with streets on three sides; the proposed development would result in a cul -de -sac of odd shapes and excessive number of lots. Bill Gloege,13109 Regan, asserted that the main issue was the impact on the City and residents of the development..,Ebmmissioner Schaefer noted that one may hear different issues covered in different public hearings. :ti.rabeau 'Ibwns, 13035 Regan, spoke against multi -story hones because of the resulting loss of view. Gil Troutiran, 13070 Regan, spoke in favor of access onto Saratoga - Sunnyvale Road, saying that any problems would be mitigated by installing a traffic light. 4bodv Watlee, a realtor, stated that Saratoga needed more louses and that owners should be able to develop their. property. Mrs. Mirabeau Towns, 13035 Pcgan, stated that she objected to the traffic problems on the corner and did not ...ant second -story homes. KI:•G /Pl3IZ ^R :'-.OV D 10 CLGSE 71!E PUBLIC I RIi -:C T 9:00. Passed 5 -0. Commissioner :Mania asked the correct way of measuring the long th of the cul-de-sac. Asst. Public :,brks Director replied that it ...ould be measures fray the intersection with Rogan, center to center. Commissioner bbnia stated that it .,ould then t» 460' to 475'. Ca- luSSioners then discussed their individual opinions. Bolger stated that the ai,ergcnc., access on lot, 6 and 7 , ;as i,.ot sufficient to protect the access. He felt trot access on S.iratorla- Sunm.vale Rrkid ':.ould not be prudent. Za,:.betti spo";e for exterdinq Tricia to allow more traff4c dispersal. Kinq believed proper access was through 1Yicia; he felt corX ?itionincl single stor; tares should be consi,�ered. �bnia felt tF.c 1%1Qt i_7'dt should r acihercri to, with access from Saratoga- Sunr.vale F1»cl• Schaefer bel _vL�d Tricia shoulc:, the access, with no tho- stories alle.:cd a:ri with re(2uct;cn in t`)�- .., Iy�r of lots. mania wis al to allcv a total of � , 1 Planninq Camussion Pa e 4 Dk�:ting 'Linutes 6/10/81 g SD 1489 (cont.) fifteen homes, which would not require emergency access. Ydnq did not object to 19 lots; he felt it important to prevent emergency access from boceming secondary access. Zambetti felt 19 lots were acceptable but objected to t,,o -story homes and w3ntod emergency access from Saratoga-Sunnyvale Road. Bolger felt 15 lots were acceptable but also objected to two -story homes. Schaefer favored 17 lots to avoid having odd- shaped lots and excessive lots on the cul -de -sac. Planning Director explained that the developer would not need to pay more fees if the application were denied without prejudice and he wished to bring the same plan back with a reduced number of lots. The developer may also appeal a denial. BOLGEl"'•ONIA MOVED DENIAL OF SD 1489 FOR TEN UNITS WITIIOUP PREJUDICE. Passed 3 -2 (Zambetti, King opposed). Commissioner Schaefer summarized Camrission's consensus as calling for single -story hares only, with access from Tricia. King felt there might be a canprcmise in re- moving emergency access if the proposed number of lots were reduced. Zambetti suggested a compromise of 17 lots with emergency access required to prevent further development. 3. UP 497 - Roger Lee, 20899 Maureen way, st for a Use Permit to allot. a cabana over 6' high (11'6" maximum) to be located the required rear yard Planning Director reviewed staff report. Th public hearing was opened at 9:50 p.m. Commissioner Bolger asked if the cabana were t feasible on the north end because of the sewer hookup. Asst. Planner Lester s ted that the sewer hookup had not been a consideration; she had left the cabana ;here proposed because of the lack of impact on surrounding area; there is an adjacent structure on the north end. Mr. Lee, the applicant, explained that there w4 only one place for a sewer hookup. The public hearing was closed at 9:55 p.m. ` ZA- MB=I /1 :ING 14OVED TO APPROVE UP 497 IN ACCORDAIJC�- WITH STAFF REPORT DATED 5/29/81 MID EXHIBITS B AND C WITH CO r :ZITIONS 1 (a) and (b) \ Passed 5 -0. 4. UP 498 - Donald Lightbody, 13522 Debbie Lane, Request for a Use Permit to Allow the construction of an 8' hiqh sound :,all in the required rear yard Assistant Planner Flores reviewed the staff report and submitted brochures picturing the fence type. Commissioner Schaefer noted that the advertising brochure had nothing to do with the Saratoga City Code, contrary to a statement in the brochure. The public hearing was opened at 9:57. Donald Lightbody, the applicant, explained that the density of the concrete proposed for the wall qualified it for sound reduction. Mrs. Lightbody stated her desire to live in the area and asserted that trees would cover the wall. 1 The public hearing was closed. 1 KIIr,/ZFi B=I vOIED TO APPRME APPLIQITION, MAKING T1IE FINDINGS OF THE STAFF REPORT DATED 6/3/81, WIT1EXHIBITS B AND C. Passed 5 -0. 1 5. A 770 - B. Kelly, Live Oak Lane, Request for Design Review Approval for a One -Story single- family dwelling that would 1-- over 22' in height (27' max.) on a lot with an avera %ae slc :� of less than 103 in the R- 1- 40,000 zoninr• district Planning Director revie:•md staff r- port, including letters from the Lonchars, Careys , and Shapiros opposing the application. The public heari g was orencd v at 9:55. John Berg, 14355 Baranqa, stoke in orpo,ition to the application, 4tatirh; tlot he had not received proper notice of the public hearing. 1!e felt the proposed struc- ture would not be consistent with the area of lance lots and low h0fk -s ark-1 that the Proposed grading would raise the structure too hirh. i George Lunch -,, 14775 Fruitvale, spoke ac;ainst the application, sayi .; that the grade level has 3' to 4' above the existing grade, both for the structure and far the tennis court. 1I r � REPORT TO PLANNING COMMISSION DATE: 5/8/81 Commission Meeting: 5/13/81 SUBJECT' SD -1489 Butler and Wilson, Inc. Saratoga - Sunnyvale and Tricia Way, Tentative Subdivision Approval - ----------------- - - - -19 1Qt3 - -- ------------------------------------------- PROJECT DESCRIPTION district of Tricia Sunnyvale The applicant proposes on Saratoga - Sunnyvale into 10 lots. The lots are shown t Way with a gated emergency access Road. to subdivide a 4 acre site Road in the R -1- 12,500 zoning o take access from an extension road connection to Saratoga- The site has a slope of 3.05%. Numerous large trees (oaks, peppers, firs and redwoods) exist on the site, some of which are to be removed with the extension of Tricia Way. The two residences and accessory structures are also to be removed with the subdivision. Several concerns have been raised with the proposed subdivision. Since the site is located on Saratoga - Sunnyvale Road, a noise study was required with the environmental information. The recommended mitigation measures include a 6' high barrier wall along Saratoga- Sunnyvale and a wall, to be continued at the same height along the northern border of Lot 6. (The second study specifies 8' but the intent was a continuous fence height per a conversation with Mr. Pack on May 7, 1981.) Additionally, Mr. Pack's report specifies 6' high walls along the emergency access road, however the alternative of an air - impervious gate for the emergency access road would also satisfy the condition (5/7/81). The fencing is conditioned for Design Review Approval prior to Final Map Approval. Any fencing over 6' in height on Lot 6 requires a Use Permit. A second concern is access. The proposal would create 19 writs on a cul -de -sac with an emergency access to Saratoga - Sunnyvale. The Subdivi- sion Ordinance states: "Not as a mandate, but as a statement of future policy on all matters concerning the design and improvement of site and subdivisions the following shall generally not be approved: C. Cul -de -sac, dead -end, or other streets not having a means of secondary access, where such street services more than fifteen lots or building sites." Report to Planning Co sion SD -1489 The General Plan states: "For safety, every new or developing residential area in the City with more than 15 housing units should have a primary and secondary (or emergency) access." i 5/8/80 Page 2 Since the cul -de -sac exceeds 400' in length, the Subdivision Ordinance also requires a finding that is "the only feasible method of developing the property ". An option does not exist with this proposal to create public access and limiting the number of units on a cul -de -sac, however good traffic engineering would minimize the number of intersections on a high volume roadway. Finally, at the Committee -of- the -Whole and on site inspection, the Commission expressed concern about the landscaping along Saratoga - Sunnyvale Road and the transition of the pathway at the northeast corner of the project. The applicant's engineer has submitted a blow -up of their proposed transition and a letter in response to these concerns. PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: April 10, 1981. The Staff Report recommends approval of the tentative map for SD -1489 (Exhibit "B" filed March 10, 1981) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; sub- mission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - PUBLIC WORKS DEPARTMENT A. Standard Engineering Conditions. :II. L 1 Report to Planning C sion 5/8/81 SD -1489 Page 3 B. Street improvements on 50 ft. right -of -way to be 33 feet. C. No direct access allowed onto Saratoga Sunnyvale Road from Lots 6 - 10. D. Construct Emergency Access Road to conform to minimum access road standards. E. Provide pedestrian walkway along Saratoga - Sunnyvale Road. Subject to additional requirements of Planning Commission and /or Design Review. F. Provide decorative wall or fencing, including tree planting within lots along Saratoga- Sunnyvale Road. Subject to additional require- ments of Planning Commission and /or Design Review. G. Landscape area between fence and highway. Subject to additional requirements of Planning Commission and /or Design Review. H. Construct storm line as per Master Drainage Plan and as directed by the Director of Public Works. I. Remove the existing temporary turn around on Tricia Way and construct standard street section. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: 1. Foundations, prior to issuance of building permits. B. Detailed on -site impeovement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. 5. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrown, sheet nos., owner's name, etc. C. Bonds required for removal of existing structures including wells and septic tanks. IV. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT A. Sanitary sewers to be provided and fees paid in accordance with 1� Report to Planning Co. i-ssion 5/8/81 SD -1489 Page 4 requirements of Cupertino Sanitary District as outlined in letter dated March 19, 1981. B. Annex to Cupertino Sanitary District prior to Final Approval. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. B. Developer to install 1 hydrant that meets Saratoga Fire District's specifications. Hydrant to be installed prior to issuance of building permits. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewerw of the Cupertino Sanitary District. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. A $400.00 bond to be posted to insure completion of work. D. Seal well in accordance with County Standards: A $300.00 bond to be posted to insure completion of work. II. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. III. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Design Review Approval required on project prior to issuance of permits. The residences shall be built in accordance with the recommendations of the Noise Assessment Study dated April 8, 1981 on the project. B. No two -story residences shall be constructed on Lots 6 - 10. C. Individual structures shall be reviewed during Design Review to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision /building site. J Report to Planning Col ssion 5/8/81 SD -1479 Page 5' D. Applicant shall landscape all portions of the public right -of -way and the landscape easement that are to remain unimproved. Landscaping (including fencing) and irrigation plans shall be submitted to the Planning Commission for design review and approval prior to Final Map Approval. Landscaping and irrigation improvements shall be in- stalled and established within 90 days of completion of the right -of- way improvements. Fencing shall be in accordance with the recommenda- tions of the Noise Assessment Study dated April 8, 1981, and the stated alternatives. E. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right -of -way and easements. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowners association shall be responsible for maintaingin the landscaped areas. F. All individual lot owners shall be required to become members of a homeowners association for the express purpose of maintaining all landscaped areas within the public right -of -way and easements. The C, C, & R's of the homeowners association shall be reviewed and approved by the Planning Department, prior to final map approval. Approved: . KaXhy r d s, Assistant Planner KK /clh P. C. Agenda: 5/13/81 To: Members of the Planning Commission of the City of Saratoga Subject: Wilson Development Proposal SDR 1531 An item raised in the Planning Commission meeting of January 12, 1983 requires clarification. It is, in fact, the issue which is creating most if not all the concern on the part of the residents of Saratoga. The original (Pinn Brothers) plan for development of Tricia Way included provisions to future access one other property, the Olson property. Wilson Development has in fact acquired two properties, which they have combined in their proposed development; the development of the two combined properties increases the density of housing accessed by Tricia Way beyond a reasonable level. On January 12, Mr. Wilson stated that the Pinn Development plan intended to access both properties via Tricia Way. This is not so. A feasibility_ study performed by Pinn Brothers considered among other things, access to both properties, but their final plan concluded that the second property would continue to be accessed from Sunnyvale- Saratoga - while the Olson property would be accessed from Tricia Way. By complying with the intent of the original plan, I believe a reasonable development can be designed that would be acceptable to the residents, and consistent with the area. Accessing one additional home via Tricia Way would make Tricia Way consistent with the sister development, Cunningham Way (10 homes each) ' Accessinq two additional homes may be most site efficient, perhaps a total density of ten homes could be provided on the site. Patrick J. Carroll U 1 c A v -iA y V/ y/ g 3 1 In 1 I'll JA All� PET !7 1 ON TO uhf"'; CITY OF S11RATOGZA P-*.:%NNiTNG C'OM'MISSION CITY COUNCIL i-`NDERSIGNED, being homeowners and resident.,; or. Nav, Lane and g,-.-merally in the, area in e -)f real Property situated adjacent to FIiqhwav to ':,,e developed 1.)y Ivilson Devciopmc,11- C10 an,, plan whicli-, pg,---i' of: t -ots a S111j.;C11%li Sion OF sai--' propert\ to have access hy mc ans OZ: N.7-, 1, 1,- I I Axk- 4Z a Cj ;i D E S 3 /0 13A�2 7!FZ /Z 1�6 1-64 11 -7 P I T I`t'I ON 3 THE \C- I T Y OF S i . 1 T, T C,, C,'. F, I;IE UTNDERSIC,-NED, neinq i-,orricownors and resiGents on 7.' 7 . . ,.a\ , Rcc,:an Lar,--:_' ai:i, d in tj-jo. arc-t 2-11 pro:i m, ., t C.) parcci. Of real prope-rt.%, si'-.ua-'Cci cidjacert to jjichway 9 a n cl; ',:-Iv, PrOlPose,_1 to be dev•-A.OPCCl D 0 31 1 )0 0 1 d-o he 1:F''." op-,-Ios(, ne=m—its all Of t,,-,- 1 C', t s r,l subc `,.'1510:1 01 Said , iDropc-r ty t c. have access by s �%'Ay. 71 b J%i. !, 125 a J 36 DDRESS u I (JVv �.q Lt �11461 k. PETI,i,-, oN, TO 'L , I- ':, L , I . ITY OF SARATOGA PT ,ANNING '701'1`1ISSION C-Ty COUNCIL -;,*r.'i', UNDERSIGNED, being homeowners and residents on -_.-icia 1%7, y, R,--Tan Lane and generally in the area in proximity to t.,-.- parcel of real property situated adjacent to Highway 9 and Tlcicia ';ay, proposed to be developed by -V1ilSc,n Development ,.ompar.y.- do hereby oppose an}, plan which permits a';L1 of t--I-.e lots in a subdiv-ision of said property to have access TricIa 1-v7o 17 N A ,,! 7 I LL4- f F S S /312,3, Aytj L, A J f o C -SLY /-24 1 /3//, f /SZ 13 LI Y _P Alb- / t F3 / 31-7,S- O� 77 !iOin, ti t2A!-4 C L PETI".'10LN THE -.CITY OF S,�IRATOGA P:,AN'NING Co"IMT S SION CITY C C, U,,,-, C I L 1:1: --. - — UNDE!-tSIGNED, IDein,-.f homeowners and residents on Tricia �.ay, Tj,(,-yan Lane and qinerally in the area in proximity to :.he !-arce-' of real :rop�rt-y situat,�d adjacent to Hi-ahwa-v 9 anL T ;.rici--. 'Vlay, prc-�osed to 1:)0. de-volopec, by j.,,ilsojj -evelopmen-c 11ej:0J'-)y Oppose any plan whicii 1 c t s, -'n a subc': ivis-Lo,-, of said proper t, Of Tric-1-a M 'o , A, 7 7 DDRESS 2-170 la- co . v� PETITION TO THE CITY OF SARATOGA PLANNING COMMISSION CITY COU '-17 THE UNDERSIGNED, being homieowners and residents on Tricia Way, Regan Lane and generally in the area in proxin;ity to the Parcel of real property situated adjacent to Highway 9 and ^riciFi ay, proposed to be developed by Wilson Development Company, do her oppose any plan which permits all of the lots in a subdivision of said Property to t,ave access by r :leans of Tricia WAy. N A M L A D D I: E S S ZI J7 i .f sAR� REPORT TO MAYOR AND CI'T'Y COUNCIL DATE: 4-27 -83 COUNCIL MEETING: 5 - 4 - 8 3 SUBJECT SDR -1531, David Wilson, Tricia Way At your April 6th meeting you continued the public hearing on the subject SDR to May 4th and voted to reconsider two previously denied maps on the same area. You will also be reviewing two maps which are before you in an informal manner. Therefore you will be reviewing five separate development scenarios at the May 4th meeting. There is a great deal of history and interest in this property, and I would like to restate Staff's position on its development. Staff has always maintained that access to the site should be via Tricia Way.. Further, given an emergency access, the number of lots being in excess of fifteen is mitigated. Staff still recommends that access to the entire property be on Tricia Way and that there be an emergency access between the cul -de -sac and Saratoga- Sunnyvale Road. RSS:cd Rob e S hook Director of Community Development a A 4- 4/6/83 Council discussed issues, including why the Planning Commission denied application; which Commissioners had been present and voting; the impact of reducing the pitch to 8 /1Z thus lowering the house 2 or 3 feet; the possibility of referring the matter back to the Planning Commission; and the lack of impact of removing the greenhouse. MOYLES /FANELLI MOVED TO GRANT THE APPEAL SUBJECT TO THE CONDITION THAT THE PITCH OF THE ROOF BE REDUCED TO 8/12, AND MAKING THE APPROPRIATE FINDINGS. Passed 5 -0. Councilmenber Mallory commented that he voted for the notion because of the reduced bulk of the structure. C. Rezoning from R -1- 40,000 to HCRD of a portion of a 7.4 acre parcel (APN 517- 22 -77) at terminus of Madrone Hill Rd. and consideration of zoning 3 parcels (approx. 16 acres) (APN 517-- 23 -35, 36, 37) partially as R- 1- 40,000 and partially as HCRD, to be annexed to the City (which parcels are ajacent to and south of the abovementioned parcels and on the west side of Peach Hill Rd. in Santa Clara County), and the associated Negative Declaration (Applicant, J. DiManto, C -200) Assistant Planner Flores stated that the General Plan would have to be adopted before this matter could be considered. Bill Heiss rose to point out that a letter requesting waiver of fees had been submitted. CONSENSUS TO CONTINUE TO 5/4. VI. BIDS AND CONTRACT'S - None. VII. CONSENT CALENDAR A. Resolution No. 1099.14increasing appropriations and amending the 1982 -83 fiscal year budget for City Manager salary and benefits. B. Consideration of Claim - E. Suden on behalf of P. Anderson C. Consideration of Claim - Mr. and Mrs. R. Block. D. Herriman Avenue Pedestrian Study E. Approval of Warrant List CLEVENGER/MALLORY MOVED ADOPTION OF ITEMS A- E, INCLUDING DENIAL OF ITEMS B AND C AS RECOMMENDED. Passed 5 -0. VIII. ADMINISTRATIVE MATTERS A. MAYOR 1. Resolution concerning Cancer Awareness Week M UMRY /FANELLI MOVED TO ADOPT RESOLUTION 2050. Passed 5 -0. 2. Discussion of Tricia Way Proposed Map CouncilTreviber Fanelli excused herself., since she is an employee of the appli- cant, and did not narticipate in any way. City Manager explained that the applicant wished to submit a revised tentative map. Albert J. Ruffo, an attorney representing neighbors on Tricia Way and the adjoining street, stated that they felt the revision was a reasonable compromise. He preferred a straighter curie -sac and requested that construction workers not come in Tricia Way for transporting materials. Mr. Wilson spoke as the applicant, stating that he had not agreed to straighten the cul-de -sac. He reviewed the maps which had been suhmitted and stated that a 5- 4/6/83 the neighbors with whom he had met preferred six lots with the first Profes- sional Administrative map approved so that there would be residences behind them. He stated that his own preference was for seven lots, six being resi- dential and one being Professional Administrative. City Attorney explained the options available to Council. Bob Saxe, another attorney, pointed out that Council could also consider combining three lots on one of the nine -lot maps, thus considering a seven -lot subdivision, at the appeal hearing May 4. CLEVENGER/MDYLES MDVED TO RECONSIDER THE TWO PREVIOUSLY -DENIED MAPS. Passed 3 -1 (Callon opposed, Fanelli abstaininq). City Attorney explained that three maps would be before the Council formally, and the two 6 -lot maps off Tricia would be before the Council informally. He stated that Council could not take formal action on either of the maps showing the Professional Administrative maps unless three lots could be combined as Mr. Saxe had discussed. Further, he pointed out that if the larger remnant parcel remained residential it would be subject to further subdivision with access only by Saratoga - Sunnyvale Road. Mr. Ruffo stated he did not know whether the neighbors preferred that it remain residential or be zoned Professional Administrative. City Manager co miented that he was concerned about potential PA zoning; he clarified that the subdivision pro- cess had nothing to do with any potential rezoning. Mayor Callon then invited Mr. Doamaral, who had presented his request under Oral Communications, to acme forward. Community Development Director explained that the final site approval for SDR 1534 was routine and staff recommended approval. In answer to Councilmember Mallory, he explained that the matter had gone through normal site review with the Planning Commission. MALLORY /CLEVENGER MDVED TO GIVE FINAL BUILDING SITE APPROVAL FOR SDR 1534. Passed 5 -0. B. COUNCIL AND COMMISSION REPORTS Mallow - suggested assigning the responsibility for the Community Newsletter to the City Manager; he believed that might be more acceptable to the residents. Councilmember Fanelli reported that, as Council had directed, she was acceptinq information from individuals who wished to be considered for newsletter editor. After discussion as to various alternative methods of handling the newsletter, there was consensus to discuss at the goals and priorities session. Fanelli - reported that, partly because of concern over fire district con- solidation, citizens had requested that a public safety citizens committee be established. Consensus to discuss at the goals and nriorities session. Councilmember Fanelli also suggested that the Council microphone system be improved and a podium for public speakers be provided. City Manager directed to respond. Clevenger - reported in response to Written Communication #4 that it was pre- mature to place the Route 85 corridor on the ballot before the alternatives analysis was complete. In. response to Written Communication #7, she reported that CalTrans was to provide for purchase of anv threatened parcels. Callon - urged that Council press for formation of a committee to keep the Saratoga Fire District. Mayor Callon suggested that Councilmember Fanelli could write the Board of Supervisors for the Council on the matter. C. DEPARTMENT HEADS AND OFFICERS 1. Finance Director a. Presentation of Final Financial Report 1982 -83 b. Presentation of Final Budget 1982 -83 Mayor Callon asked about the budget schedule, and it was decided that there would be study sessions May 24 and June 7; a public hearing June 1; adoption of the budget June 15. o1 §&M& BOO C r7 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 City CbanUi March 9, 1983 Mr. Albert J. Ruffo 101 Park Center Plaza San Jose, California Dear Mr. Ruffo: The City Council, at its.regular meeting of March 2, 1983, opened the public hearing on the Wilson Development Carpany's appeal of Planning Commission denial of SD 1531. At the request of the appellant, the City Council continued the public hearing and set a date for consideration of the matter at a study session. i have been asked to inform you that the study session is set for April 26 and the pontinued public hearing, for May 4. It would be appreciated if you would notify those who you think would be interested in this matter. Sincerely, 'I Grad E. Cory Deputy City Clerk T•1,