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HomeMy WebLinkAbout06-06-1984 CITY COUNCIL AGENDACITY OF SARATOGA AGENDA BILL-NO. (0 DATE: May 29, 1984 (June 6, 1984) DEPARTMENT: Community Development SUBJECT: PIERCE ROAD LANDSLIDE REPAIR Issue Summary Initial: Dept. Hd. C. Atty. C. Mgr. On August 3, 1983 the City Council awarded to Pacific General Engineering Corporation the contract for Pierce Road.Landslide Repair for the bid amount of $63,286.00. The construction took place between September 9, 1983 and May 31, 1984. The final contract amount is $69,230.00. - Recommendation 1. Increase appropriations by $48,516:00 2. Approve the final acceptance and file the Notice of Completion. Fiscal Impacts $98,515.16 from fund 45 (Gas Tax) Exhibits/Attachments 1. Notice of Completion _ 2. Resolution appropriating 3. Memo from Senior Inspector Council Action 6/6: Notice of Completion approved 4 -1 (Moyles opposed). Resolution continued to study session, then next regular meeting. 7/24: Council discussed matter and was satisfied with explanations. 7/25: Staff decided to take care of appropriations by method other than resolution. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F Name A . cir b L S.aie JI 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE Nitirr of ToIlipirtion Niatirr is hereby given that ........I ............. . the undersigned, ... J:..Way,Ae... .......................... ........................... ... the agent of] * the owner....... of th............. certain lot............ piece..............., or parcel ............. of land .situated in the ...City.... af...Saxa. toga........................................... Cotmty of ...... Santa ... C1lara ............... ............................... State of California, and described as follows, to -wit: Pierce Road Landslide Repair Project That.......... CitY. ... Of ... Std. I.?. toa a ............................................................ ............................... ................................................. ............................... . as owner...... of said land, did, oil the ..... 3.rd...... clay of ....... Aljs 2t .... ............................... 19 ...8.3.......... , enter into a contract with ......................... ...... AQQ..V.i .CQx.Rf?S.a.t7 Q. ri ......................... ............................... for ands. ide ... RaF. i. r... P. xaj. ec. t ...................................... ............................... ................................................................................................................................. ............................... ................................................................................................................................. ............................... upon the land above described, which contract was filed in file office of the county recorder of the ......... ............................... county of .................................. ............................... , State of California, oil the................. ............................... day of .......... :::................................... , 19 ....... ..... ; Thaton the ................... ............................... day of ................... ............................... 19 ........... the said contract or work of improvement, as a whole, was actually completed by the said ................... ................................................................................................................................. ............................... That the name ...... and address...... of all the owner...... of said property are as follows: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 and the nature of ........ ............................... title to said property is ........................ ............................... ................................................................................................................................. ............................... ................................................. ............................... ................................................. ............................... City o£.. SaS a .'.Qaa ....... Owner ............ STATE, OF CAI IFORN111 ss. 1iy ............... ............................... Coll nly of J. Wayne Dernet4g,;nt ................................................................................................................................. ............................... J. Wa ne Dernetz .......................................... ............................... saes: being duly sworn . ............... ..Y............. . 1 (1111 .......... lthe agent of]* the owner...... of the, properly described in the foregoing notice. I have read the foregoing notice and know the contents thereof, and the .crone is true of illy own knowledge. Subscribed and shorn to before me this .......................... day o] .f ...................... 19 ....... ................................................. ............................... ........................................... ............................... ................................................ ............................... ' Delete words in brackets it owner signs. ttmrm nr- TTa= vcrncy of crni>h:tw rcm xY c wnrx r93.1 sae RESOLUTION NO. 2073. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCREASING APPROPRIATIONS AND AMENDING THE 1983 -84 FISCAL YEAR BUDGET WHEREAS, it is recamended that the following adjustment be made increasing the present budget appropriations: NOW, THEREFORE, BE IT RESOLVED, that the budget of the City of Saratoga adopted by Resolution 2073 be amended as follows: Transfer: $48,516.00 from general ledger account 45 -2900 gas tax fund balance available, to general ledger account 45 -2941 gas tax appropriations. Subsidiary: Fund 45 - Gas Tax Program 945 - Pierce Road Slide Repair Purpose: To increase appropriations to cover the actual cost of the Pierce Road Landslide Repairs including extra work and engineering. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on.the day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor WE:NOO R,2tiDt1.�I 09''W o:T 0&UMX'XQX5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Director of Community Development FROM: Senior Inspector SUBJECT: Pierce Road Landslide Repair (Sutton) DATE: June 1, 1984 On August 3, 1983 the City Council awarded to Pacific General Engineering Corporation the contract for Pierce Road Landslide Repair for the bid amount.of $63,286.00. The construction took place between September 9, 1983 and May 31, 1984. The final contract amount is $69,230.00. The 1983 -84 Budget included a $50,000 appropriation. The following is a breakdown of the actual project costs: Geologic Investigation $'7,700.00 Wm. Cotton & Assoc. Engineering Design $ 5,500.00 Harrison & Teasley Contract $63,286.00 :- Pacific.General Extra quantities $ 5,944.00 Pacific General Field Engineering & Inspect $ 3,095.00 Harrison & Teasley Field engineering & Inspect $10,990.16 Wm. Cotton & Assoc. $96,515.16 Est. Final Inspection 2,000.00 Wm. Cotton & Assoc. $98,515.16 The original appropriation was based on the Geologist's estimate of construction costs only and did not include any provision for engineering or contingencies. Due to the urgency of the project appropriations were not made in the usual manner although all expenditures were processed normally. The nature of landslide repair work required considerable field engineering and often involves field changes during construction. For this reason the construction contract included bid prices for extra work items, deemed necessary by the Geologist after excavation of the slide mass. This extra work totaled $5,944.00, while the field engineering costs are approximately $16,085.00 (Wm. Cotton's final billing has not been received). Memo to The Director of Community Development Page 2 From the Senior Inspector 6/l/84 The City has an. agreement with the Suttons to share in the cost of this repair. The Suttons share is primarily the replacement of their improvement through' their own separate contract. Until this work is completed we will be unable to determine, how much, if any, the Suttons will contribute to the costs the City has incurred. Kichdra H. garison Senior Inspector RHH /bjc (r1-9TXW O O&MIZUOOZ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 June 15, 1984 Memo to: City Council From: City Manager COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Fanelli John Mallory David Moyles Subject: Review of Pierce Road (Sutton) Slide Repair Costs At the June 6 Council meeting, the City Council approved the recommendation for acceptance of the Pierce Road (Sutton) slide repair and authorized staff to file the Notice of Completion of the work. The City Council, however, did not approve a recommended appropriation adjustment to cover additional costs incurred for engineering and inspection fees pertaining to the project and for construction costs exceeding the estimate of the cost of the work. Instead, the City Council requested a full report regarding the reasons for these higher- than - estimated costs and a description of the procedures used in incurring these costs. In compliance with the City Council's direction, I have met with members of the staff to review the record on this project and the procedures used. I have verified that all substantial costs of the project for construction, inspection, and engineering are supported and backed by contracts or written letters of proposal submitted to the City and accepted. There are some incidental expenses to the project such as cost of publishing, utility fees, and printing expenses that are routine and incidental which are also covered by authorized purchase orders. In addition, the entire cost of the project to date ($102,837.22) is, in fact, less than the full cost of a nearly identical project along Pierce Road at Via Regina, which was handled through an individual contractor in accordance with estimates approved by FEMA for reimbursement to the City under the Disaster Relief Program. However, the Pierce Road (Sutton) project extends over a period of nearly 30 months from the time of the original damage. We have determined that during this 30 -month period, the established procedures for prior authorization by the City Council on certain portions of the project may not have been followed. However, the record is not clear to us, at this time, because of the many changes that occured in personnel responsibile for administering the project and the fact that it involves more than one fiscal year. The matter is further complicated by the fact that the Memo to City Council Subject: Review of Pierce Road (Sutton) Slike Repair Costs Page 2 project also involved litigation with the adjacent property owner (Sutton) and the negotiation of an agreement through the City Attorney's office in settlement of the litigation which may have required additional engineering and analysis work prior to and during the construction period. Given these preliminary findings, a more thorough and complete study is needed in order to fully respond to the City Council's direction. Therefore, the review will continue and a further report, along with conclusions and recommendations, will be provided to the City Council on or before the July 24 worksession. 4", 4 L� - J. Way a Dernetz jm CITY OF SARATOGA AGENDA BILL NO. (pal I DATE: May 29, 1984 DEPARTMENT: Initial Dept. He C. Atty C. Mgr. --------------------------------------------------------------- - - - - -- SUBJECT: Final Building Site Approval SDR 1542 Public Storage. Saratoga - Sunny= vale Rd. Issue Summary 1.' The SDR 1542 is ready for final map approval 2. All Bonds and Agreements have been submitted to the City 3. All requirements for City Dept. and other agencies have been met Recommendation Adopt resolution 1542 -02 attached, approving Final Map of SDR 1542 and authorized execution of contract of Improvement Agreement Fiscal Impacts None Exhibits /AttacYm-ents 1. Resolution No. 1542 -02 2. Report to Planning Commission 3. Status report for Building Site Approval 4. Location Map Council Action RESOLUTION NO.1542 -02 RESOLUTION OF PublicT torage, Inc`. The City Council of the City of Saratoga hereby resolves as follows: SECTION l: The 4.047 Acre Land Parcel shown as Parcel "A" on the Final Parcel Map prepared by ENKE and Associates, Inc. and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the 6th day of June 19 84 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK ♦r. ( r - �r o o� ZAluezz REPORT TO PLANNING CO11/IMISSION City of Sara;o�a 0 _ l� APPROVED 8QY - i DATE Revised • 8/2/83 :�1—i . pA � : 7/21/83 1N1 is Commission Meeting: 7/27/83 SDR- 1542 and A -883 SUBJECT' Tentative Map Approval and Design Review Approval for Public Storage at 12299 Saratoga- Sunnyvale Road. ---------------------- --------------------------------------- REQUEST: Tentative Map Approval and Design Review Approval for one lot (689 storage units) OTHER APPROVALS REQUIRED: Building Permit PLANNING DATA: SITE AREA: (Parcel size minus S.C.V.W.D. easement) 3.127 acres PARCEL SIZE: 3.899 acres GENERAL PLAN DESIGNATION: Retail Commercial ZONING: C -V (Visitor Commercial) SITE DATA: SURROUNDING LAND USES: Oak Creek Condominiums and commercial to the north single family residential across the creek to the west, commercial and single family residential to the south and commer- cial to the east. SITE SLOPE: 2% SLOPE AT BUILDING SITE: 20 NATURAL FEATURES & VEGETATION: Dense riparian vegetation along Calabazas Creek to the west. Approximately 12 ordinance - sized trees are located on the buildable.area of the subject parcel, and 5 of the these trees will be removed with this proposal. PROJECT CONSIDERATIONS: HISTORY: This site received Use Permit Approval (UP -529, Staff Report attached) for the proposed use of this site on March 23, 1983. Report to the Plar_'nc`\ mmission ` I 7/21/83 Tentative Map Approval and Design Review Approval Page 2 for Public Storage at 12299 Saratoga- Sunnyvale Rd. Previously the,site was reviewed and granted approval for the construction of 29 condominium units in 1980. GRADING rEOUIRED: CUT: 0 Cubic Yards FILL: 4,400 Cubic Yards CUT DEPTH: 0 Feet FILL DEPTH: 2± Feet SETBACKS: 30' Rear (increased from 20' proposed under UP -529) 10' Right Side Building F (10' required) 15' Left Side Building D (13' required but eave overhang is 3' greater than amended) 44' Front - (10' required) HEIGHT: 20' at highest point FLOOR AREA: 1st Floor - 64,380 square feet Total - 104,985 square feet 2nd floor - 40,605 square feet IMPERVIOUS COVERAGE: by structure: 47.20± paving: 41.60± Total: 88.8% COLORS & MATERIALS: Tan stucco and dark brown wood siding, brown concrete tile roofing SOLAR: Project should not adversely shade adjacent properties. REFUSE: 1 trash enclosure provided just west of Building D. LANDSCAPING: Landscaping will cover over 15,000 square feet of site area. Landscaping strips vary in width from 5' along the southwestern property line to 30' along this northern most property. A 10' width is the minimum required by ordinance in the C -V district. The 5' wide landscaping strip along the southwestern property line is not critical since residential properties in that area will be buffered by P.G. & E. and S.P.R.R. rights -of -way. The applicant proposes to plant 15 gallon sized trees along the south- western property line and the northern property line adjacent to the Oak Creek Condominiums. Three tree types are proposed: Coast Red- wood, White Alder and Raywood Ash. All the trees proposed are fast growing but the Alder and Ash are deciduous trees which could provide only seasonal screening for portions of Building D. If the Commission wants more permanent screening they should direct the applicant to use evergreen trees in this area. It should be noted it will take several years to provide adequate screening. Lower growing shrubs will be used in the front of the site. PRIVACY IMPACTS: None Anticipated. Storage use only in second stories. DRIVEWAY & CIRCULATION: The commercial tenants of the present structures on site have ex- pressed concern as to the reversal of the traffic flow as proposed. Any approval of a project on site needs to conform to the plan approved for the area per Section 7.9 of the zoning ordinance and implementing plans. Report to the Pla nr,,- ,mmission 7/21/83 Tentative Map App ( ',a d Design Review Appk ali Page e 3 for Public Storage at'-12299 Saratoga - Sunnyvale Rd: Sixty -one parking spaces will be provided on site per UP -529. ADDITIONAL CONCERNS OR COMMENTS: The Use Permit contained two conditions that need to be met at this time: 3. Applicant shall submit proof of permanent location of emergency access easement with building site approval and design review application. NOTE: Applicant has submitted evidence (attached) that negotiations for the permanent access are underway. Evans Products Co. has not yet finalized the Grant Deed for the easement. 4. Hours of operation to be determined at time of Design Review. Proposed hours of operation had been between 7:00 A.M. and 7:30 P.M. Maintenance of landscaped area,. particularly next to condominiums. Most exterior lighting proposed will be screened from adjacent re- sidences. However, lighting on the west and south sides of Building E and the west side of Building D could be visible to residents southwest of the site. Details of light fixtures should be reviewed to prevent adverse glare conditions. The height of the two -story structures proposed has been reduced from a maximum of 27' to a maximum of 20' which is permitted; Total square *foot:Ei.ge has also, been. reduced by about 2000 square feet. Storage units were reduced from a toLal of 698 to 689 units. Although the proposal complies with the building coverage of 600 allowed by ordinance, approximately 880 of the site outside of the S.C.V.W.D. easement area would be covered by some sort of impervious surface. This should be mitigated by on site storm drainage im -. provements and improvements to Calabazas Creek. If the Commission wished to reduce the amount of impervious coverage the applicant would have to eliminate buildings or reduce the size of the proposed buildings. Since over 1000 yards of grading is involved the Planning Commission must approve the grading permit for this project. The applicant is proposing a free standing sign on the site plan. Free standing signs are only allowed for shopping center complexes in commercial districts. This project does not qualify as a shopping center complex and therefore all signs should be affixed to the building. A sign program for the project should be reviewed and approved under a separate Design Review application. The applicant proposes a 15' wide emergency access or fire lane across the Evans Products Co. (Hubbard and Johnson) property. The City normally requires a minimum width of 18' for emergency access roads and will require this of this project per the conditons of Building Report to the Pla n-' ^ emission 7/21/83 Tentative Map App gat .i Design Review Appr vas_ Page 4 for Public Storage at 12299 Saratoga - Sunnyvale Rd..' site approval. Setbacks from the main building walls appear to comply with ordinance standards. However, the eave overhang for Building D encroaches 3 feet further into the required side yard than the ordinance allows. PROJECT STATUS: Said project complies with all objectives of the 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 avail- able 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 determin- ation date: July 20, 1983 The Staff Report recommends approval of the tentative map for SDR -1542 (Exhibit "B" filed June 8, 1983) and Design Review application A -883 (.Exhibit "B,C,D,E,F and G ") subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements ofthe Fire Department. Reference is hereby made to said ordinance for futher particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordiance 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 - COMMUNITY DEVELOPMENT A. Pay Storm Drainage Fee in effect at.the time of obtaining Final Approval. B. Submit "Parcel Map" to City for Checking and Recordation (Pay required Checking and Recordation Fees). (If Parcel is shown on existing map of record, submit three (3) to- scale prints). C. Submit "Irrevocable Offer of Dedication" to Provide Easement as required. D. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: Report to the Pla ' r-= ^-mmission 7/21/83 Tentative Ma A Desi n Review A r� P pp g ppr ✓ai Page 5 for Public Storage at 12299 Saratoga - Sunnyvale Rd. 1. Storm Sewer Trunks with necessary manholes. 2. Storm Sewer Laterals with necessary manholes. 3. Storm Drain Inlets, Outlets, Channels, etc. *E. Construct Access Road 15 feet wide(to be clearly delineated) using double seal coat oil and screenings or better on 6 in. aggregate base from rear to Saratoga - Sunnyvale Road.. Note: The minimum inside curve radius shall be 42 feet The minimum vertical clearance above road surface shall be 15 feet. Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. Storm Runoff shall be controlled through the use of culverts and roadside ditches. F._ Provide evidence of permanent easement for access road. G. Construct turnaround having 32 foot radius or approved equal using double seal coat oil and screenings or better on 6 in. aggregate base. H. Construct Standard Driveway Approach. I. Provide adequate sight distances and remove obstructions of view as required at driveway and access road intersections. J. Watercourses must be kept free of obstacles which will change, retard or prevent flow. L. Obtain Encroachment Permit from Cal -Trans for work to be done within State Right -of -Way. *.M. Obtain Encroachment Permit from the Santa Clara Valley Water District for work done within their right -of -way. N. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3. Access Road Construction O. Pay Plan Check and Inspection Fees as determined from Improve- ment Plans. P. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. Q. Post bond to quarantee completion of the required improvements. R. Enter into "Deferred Improvement.Agreement" agreeing to pay pro -rated share of improving Saratoga- Sunnyvale Road to a standard which provides a median, 2 southbound lanes, a parking lane, a landscaping strip with sidewalk, and a parallel ser- vice road together with concrete curb and gutters, street lights, and other appurtenent improvements. S. Construct walkteay and landscape strip between Saratoga- Sunnyvale Road face of curb and service road per Design Review. ,Report to the Plann� 7;-= )mmission L- 7/21/83 Public Storage, 122 :atoga- Sunnyvale Rd. Page 6 *T. Enter into Deferred Improvement Agreement and provide bond for payment of pro rata (250) share of traffic signal at Saratoga - Sunnyvale Road and Seagull. Agreement and bond to run 5 years after completion of all on site public improvements. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional. 1. Foundation prior to Building Permits. B. Detailed on -site improvment 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. 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 above and below ground structures. 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 June 27, 1983. V. SPECIFIC CONDITIONS - CENTRAL FIRE PROTECTION DISTRICT A. Building D not to exceed allowable area permitted for Type V -N Construction or type of construction shall be modified to allow the proposed 42,180 square feet building. Construction type shall be approved by both the Fire District and the Community Development Department. B. All buildings require installation of approved automatic fire extinguishing system. C. Extension of existing water system adjacent to site is re- quired for fire protection. Plans to show location of water mains and fire hydrants. *D. Developer to install 2 hydrant(s) that meet Central Fire Dis- trict's specifications. Hydrants to be installed prior to construction of any buildings. E. As the hydrants will be on -site, the developer is to grant an easement to make these hydrants public. ,Public Storage, 12299 atoga- Sunnyvale Rd. Page 7 a ,• ..f F. All gates,(.i access roadways shall bf quipped with Fire Department "MEDECO" locking devices. This includes both ends of the proposed FIRE LANE. 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. VI,I. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Dedicate right -of -way along entire creek frontage to Santa Clara Valley Water District, as requested in letter dated June 27, 1983. B. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. C. Comply with SCVWD solution to flood problem as stated in letter dated June 27, 1983 prior to Final Approval. D. No overbank drainage is allowed into creek. Any storm drain outfall into the creek to be designed in accordance with District requirements. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. Any modifications to approved elevations or changes to exterior colors listed in this report shall re- quire staff review and approval. B. Any modifications to the Site Development Plan shall be sub- ject to Planning Commission approval. C. The applicant shall landscape all portions of the public right -of -way that are to remain unimproved. Landscaping and irrigation plans shall be submitted to the Planning Department for review and approval. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -way improve- ments. Landscaping on remainder of site shall be installed prior to final inspection /occupancy. *D. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the site and the public right -of -way: The applicant or subsequent property owner shall maintain these areas. XE. Landscaping and lighting plans require Design Review Approval prior to Final Map Approval. F. The eave overhangs on Building D, shall reduce their encroachment into the required side yards by 31. 4Zeport Public to the Plann mmission 7/21/83 Storage, 122 ;i atoga- Sunnyvale Rd. Page 8 G. Details for exterior lighting fixtures shall be submitted for staff review and approval prior to issuance of Building Permits. The purpose of this condition is to ensure that adjacent residential properties are not adversely affected by light and glare. H. Fencing designs shall be submitted for review and approval from the Community Development Department prior to erecting fences. *I. All exterior lighting, excyding signs, shall be turned off at closing time except for security lighting. Security lighting to be reviewed by Staff prior to issuance of building permits. *J. Hours of operation shall be from 8:00 a.m. to 7:00 p.m. K. Final Map Approval shall not be granted until the permanent �.� emergency access easement on the adjacent Evans Products Co. property has been duly recorded and granted to the owners of the project site. L. Tentative Map shall be modified to show a 30' setback from Building F and the northern most property line of the site. M. A sign program for the project shall be reviewed and approved under a separate deisgn review application prior to any sign installation. *N. There shall be no storage, use or discharge of hazardous or toxic materials in or from the storage units. *0. There shall be no electrical power supply for other than lighting in the storage units. *P. The commercial building in front shall be shall be constructed and maintained so as equipment retail store. *Q. There shall be no outside storage of the retail business. *R. Applicant is to clean out adjacent creek appropriate consent of Santa Clara Valley a retail building and to encourage an 9quipment from the site of debris with Water District. *S. East and southwest side of Building D to have evergreen land- scaping subject to Staff approval prior to issuance of building permits. X. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. APPROVED Michael Flores Assistant Planner MF /bjc P.C. Agenda: 7/27/83 MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1542 Public Storage (have) (have not) been met as approved by the Planning Commission on Listed below are the amounts, dates and City receipt numbers for;all required items: Offer of Dedication yes Record of Survey or Parcel Map Storm Drainage Fee 4,332.00 All Required Improvement Bonds All Required Inspection Fees Building Site Approval Agreeme: Park and Recreation Fee n/a yes Date S 40,000 5,900 nt yes ubmitted Date Date Date Date Date Submitted _ Date Submitted 25/84 Rec i t Submitted 5/25e%8 Submitted Signed Submitted n/a 5/25/84 5/25/84 5523 Receipt# Receipt #S_S- 3715 Receipt# n/a It is, therefore, the Community Development Department recommendation that (Conditional) (Final) Building Site Approval for Public Storage Inc. SDR- 1542 be granted. If Conditional Building Site Approval is recommended, it sball become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance Director of Community Development 1 CITY OF SARATOGA / Initial: AGENDA BILL' .NO,.. (O�� ' � ?-� Dept. Hd. DATE- June 6, CMay 29,,. 1984) C. Atty. DEPARTMENT: Community Development C.. V -636 Glen and Ellen McLaughlin, 14016 Camino Barco SUBJECT: Appeal of Planning Commission Decision to Deny Variance, V -636 Issue Summary The applicant requested Variance Approval for; a) a portion of the existing 2nd story balcony, b) new posts and arbors over the existing balcony and c) a new 10' x 28' 2nd story deck off the existing balcony. The Commission approved the Variance for the existing balcony and the new posts and arbors, but denied a Variance for the new 2nd story deck on a 4 -1 vote, having been unable to make findings #1, 2, 3 and 4. NOTE: Reduced site plan exhibits do not show tennis court and pool being constructed on the property. Please refer to full size exhibit B. Recommendation 1. Determine the merits of the appeal and approve or deny Variance V- 636(c), making the necessary findings. 2. Staff recommended denial of Variance V- 636(c). Fiscal Impacts N/A Exhibits /Attaciments 1. Appeal letter dated 5/2/84 2. Staff Reports for V -636 and A -956 3. Resolution No. V- 636(c) -1 4. Minutes dated 4/25/84 5. Exhibits C, D and E. 6. Gorres ondence from Applicant and Architect Council Actin 6/6: Appeal granted 3/2 (Callon, Fanelli opposed). 0 AAY02i 3� �11TY DEVELOPP "ENT APPEAL APPLICATION Name of Appellant: Glen and Ellen McLaughlin Address: 14016 Camino Barco Telephone: 867 -5366 . Name of Applicant: Glen and Ellen McLaughlin Project File No.: V -636 Variance — Project Address 14016 Camino Barco Project Description: New Second Story Deck Date Received: -Y4- Hearing Date : - - -7 °9 Fee CITY USE ONLY Decision Being Appealed: Planning Commission denied New Second Story Deck part of V-636 variance on 4/25/84 Grounds for the Appeal (Letter may be attached): ..._During the Planning Commission meeting on 4/25/84 the following actions occurred: 1) Motion made to approve deck provided its' size was cut in half. Failed for lack of second. 2) Motion made to approve as, submitted. Failed for lack of second. 3) Motion to deny. Seconded and approved. Since the Planning Commission could not reach a consensus on this item, it is being appealed to the City Council. *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. REPORT TO PLANNING COMMISSION DATE: 4/19/84 Commission Meeting: 4/25/84 SUBJECT: A -956, V -636 - Glen & Ellen McLaughlin, 14016 Camino Barco ACTION REQUIRED: Design Review Approval for a minor 2nd story expansion and additions which exceed the 6,200 sq. ft. standard. Variance Approval for existing and proposed 2nd story decks, posts and arbors which do not maintain the required rear yard setback. PLANNING CLASSIFICATION ZONING: R -1- 40,000 GENERAL PLAN: Residential: Very Low Density Single Family SITE DATA PARCEL SIZE: .98 Acres NATURAL FEATURES & VEGETATION: The site has mild downsloping topography with little natural vegetation. There is a creek running across the southern boundary of the property. AVERAGE SITE SLOPE: 8.9% SLOPE AT BUILDING SITE: Level GRADING REQUIRED: None ORDINANCE COMPLIANCE SETBACKS: Rear: 47 Ft. Left Side: 170+ Ft. Right Side: 93 Ft. HEIGHT: Building Addition: 27 Ft. 2nd Story Deck: 92 Ft. (to floor) IMPERVIOUS COVERAGE: 35% (35% max. allowed) Report to Planning A -956, V -636 - Glen Commission & Ellen McLaughlin, Camino Barco SIZE OF-STRUCTURE (Including Garage): Existing Residence: 1st Floor Addition: 2nd Floor Addition: Total Floor Area: (6,200 4/19/84 Page 2 7,835 220 65 8,120 sq. f sq. ft. sq. ft. sq• ft• sq. ft. t. Design Review Standard) COMPLIANCE: The proposed room additions exceed the floor area standard and the new 2nd story deck maintains only a 47 ft. setback instead of the 60 ft. setback required. The existing rear deck and proposed posts with arbors also do not maintain the required rear yard setback. V -636 - VARIANCE BACKGROUND: Building permits were issued for the subject residence in 1979. On these plans, the rear balcony was shown to maintain the 60 ft. setback requirement. According to site plans now submitted, the house was mistakenly located closer to the rear property line and portions of the 5 ft. rear balcony do not meet the setback requirement. There are three variances to consider, each with separate findings. The first is to legitimize..the existing balcony, the second is.to consider the posts and arbors over the balcony and the third is for the new 10' x 28' second story deck expansion. Existing Rear Balcony Approximately half of the existing balcony is in the required setback. It spans the length of the house, measuring 5' x 110' for a total of 550 sq. ft. with a floor height 92' from finished grade. Findings for Existing Balcony Strict Interpretation Consistent with.Ordinance Objectives One of the purposes of setback requirements is to maintain open space and the rural atmosphere of the City. Because most of the .balcony intrudes less than 3 ft. into the setback and the existing setback was due to a mistake in siting during construction, the enforcement of the setback would result in a severe physical hardship in removing the.balcony without the substantive benefit of preserving open space. 2. Exceptional or Extraordinary Circumstance The fact that the balcony is existing and was constructed too close to the rear property line through an honest error does constitute extraordinary and exceptionalcircumstances. 3. Common Privilege Denial of the Variance would create an undue hardship for the applicant which is not commonly incurred. 4. Special Privilege Because there is exceptional circumstance and denial of the Variance would create an uncommon hardship on the applicant, granting the Variance would not be a grant of special privilege. Report to Planning Commission 4/19/84 A -956, V -636 - Glen & Ellen McLaughlin, Camino Barco Page 3 V -636 - VARIANCE, cont'd. 5. Public Health, Safety and Welfare The proposal will not be detrimental to the Public Health, Safety and Welfare. RECOMMENDATION: Staff recommends approval for the existing balcony per the Staff Report dated 4/19/83, Exhibits "B, C and D ", subject to the following condition: 1. Detailed landscape plans, including trees around the perimeter of the property and screening for the tennis court, are to be submitted prior to issuance of building permits and landscaping is to be installed prior to final building approval. Posts and Arbors The new posts and arbors over the 2nd story balcony will also intrude into the rear yard setback and require Variance Approval. Architecturally, they add some depth and interest to the rear elevation. The arbors are 182 ft. high and extend 2 ft. beyond the existing balcony. If the Variance is approved, staff recommends the arbors extend no more than 1 ft. beyond the existing balcony. Findings for the Posts and Arbors 1. Strict Interpretation Consistent with Ordinance Objectives One of the purposes of the setback requirements in residential districts is to maintain open space and the rural atmosphere of the City. Because the arbors will not encroach farther than the existing balconies, except for a 1 ft. overhang (the Zoning Ordinance allows a 4 ft. eave overhang into a setback), they will not decrease the open space on the site. Therefore, a strict interpretation would be inconsistent with the Or- dinance objectives. 2. Exceptional or Extraordinary Circumstances The addition of posts and arbors will not increase the setback discrepancy established by the existing balconies (except for a 1 ft. overhang)and this is an exceptional circumstance. 3. Common Privilege It is not a common privilege to have shade covers on a 2nd story balcony. Staff cannot make this finding. 4. Special Privilege The granting of this Variance would not constitute a grant of special privilege as there are exceptional circumstances concerning the existing balcony and the proposed posts and arbors. 5. Public Health, Safety and Welfare The proposal will not be detrimental to the public health, safety and welfare. Report to Planning Commission 4/19/84 A -956, V -636 - McLaughlin, Camino Barco Page 4 V -636 - VARIANCE, cont'd. RECOMMENDATION: Staff recommends denial having been unable to make Finding U. If the Commission wishes to approve the Variance, the necessary finding is required and staff would recommend the following condition: I. The arbors shall have a 1 ft. maximum overhang from the existing balconies. New Second Story Deck The proposed second story deck would be 280 sq. ft. and would be entirely within the required 60 ft. rear yard serback., There will also be pitched lathe roofing over the deck which would provide some shading in'the summer and allow for heat gain in the winter. Findings for the New Second Story Deck 1. Strict Interpretation Consistent with Ordinance. Objectives One of the purposes of setback requirements in residential districts is to maintain open space and the rural atmosphere of the City. Because there is a lot of construc- tion on this site and few mature trees, a second story deck with roofing which extends over 10 ft. into the required setback is not consistent with this objective and enforc- ing the setback requirement would not result in unnecessary hardship. Staff cannot make this finding. 2. Exceptional or Extraordinary Circumstances There is nothing unique about the topography of the site, the proposed structure or the use of the property which would differentiate it from other properties in the zone. Staff cannot make this finding. 3. Common Privilege Denial of the Variance would not deprive the applicant of the common privilege to have outdoor living areas including some second story decks. Staff cannot make this finding. 4. Special Privilege Granting the Variance would constitute a grant of special privilege as there are no exceptional circumstances or denial of common privilege involved with the proposed deck expansion. 5. Public Health, Safety and Welfare The proposal will not be detrimental to the public health, safety or welfare. RECOMMENDATION: Staff recommends denial having been unable to make Findings #1, 2, 3 and 4. If the Commission wishes to approve the Variance, the necessary findings are required and staff would recommend the following condition: 1. Roofing over the deck shall be flat lathe roofing similar to the arbors over the existing balconies. Report to Planning Commission 4/19/84 A -956, V -636 - McLaughlin, Camino Barco Page 5 A -956 - DESIGN REVIEW PROJECT CONSIDERATIONS Impact on Privacy and Views: Because of the topography, the rear yards of many of the surrounding residences are already visible not only from the existing 2nd story deck which spans the entire length of the residence, but also from the lower levels of the residence. The room expansions will not increase the privacy impact, however, the deck expansion is likely to intensify the impact due to the reduced setback and the probability that it will be used more frequently than the existing balcony. Site Restrictions: Building Permits for the tennis court, pool and patios have been issued. In order to meet impervious coverage limits, the patio area..between the spa and barbeque cannot be impervious material and no additional impervious coverage is allowed on the site. Because of the amount of construction on the property, staff is recommending that minimum setbacks be maintained. If the Variance for the reduced rear yard setback is approved, staff would recommend that the size of the deck expansion be reduced and has added this as a condition of Design Review Approval. Design Considerations: The proposed room additions will match the existing resi.dence with brick and white siding and trim. These room additions will not add to the visual bulk of the residence as they merely fill in an enclosed space on the lower level and add only 65 sq. ft. to the upper.level. The rear elevation as it now exists, appears stark with little architectural relief. The addition of the posts and lathe arbors over the decks will add depth and visual interest to that elevation. FINDINGS 1. Unreasonable Interference with Views or -Priva The proposed additions, when the second story deck expansion is reduced in size or prohibited, do not increase the privacy impacts which already exist. 2. Preservation of the Natural Landscape The proposal does not result in any additional grading or tree removal on the site. 3. Perception of Excessive Bulk The room additions will not increase the visual bulk due to the size and location of the additions and if the deck expansion is reduced in size, the new posts and lathe work may provide some architectural relief on the rear elevation. 4. Compatible Bulk & Height The proposed additions do not substantially increase the size of the residence, which is already in excess of the Design Review Standard, and the height does not increase. The proposed additions will not impair the solar access on adjacent property. 5. Gradinq and Erosion Control Standards The proposed additions do not result in any additional grading. Report to Planning Commission ` 4/19/84 A -956, V -636 - McLaughlin, Camino Barco Page 6 A -956 DESIGN REVIEW, cont'd. RECOMMENDATION: Staff recommends approval per the Staff Report dated 4/19/84, Exhibits "B, C and D ", subject to the following conditions: 1. Detailed landscape plans, including trees around the perimeter of the property and screening for the tennis court, shall be submitted with the building plans and land- scaping is to be installed prior to final building approval. 2. If the rear yard setback Variances are approved, the rear deck expansion indicated on Exhibit "C" shall not exceed 3 ft. wide, which would provide a 5 ft. walkway around the room addition. 3. Impervious coverage shall not exceed 35% of the site. Approved: Linda Lau ze Planner LL /dsc P.C. Agenda: 4/25/84 + VARIANCE RESOLUTION NO. V-636 (c) -Ml CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA FILE NO.: V- 636(c) WHEREAS, the City of Saratoga Planning Commission has received the application of MR., AND MRS'., GLEN MCLAUGHLIN for a Variance for a new second- -story deck which extends into the rear yard setback at 14016 Camino Barco ' and WHEREAS, the applicant (1)as� (has not) met the burden of proof required to support his said application; NOW) THEREFORE, BE IT RESOLVED that after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for.the Variance be, and the same is hereby ( -9T%Mx (denied) subject to the following conditions: Per the Staff Report dated April 19, 1984. BE IT FURTHER RESOLVED that XX)tjj*� �XX>X�S?�XiXI�X�3X?E) (the Planning Commission could not make all of the requisite findings), and the Secretary be, and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th. day of April by the following roll call vote: AYES: Commi.s:soner's Harris, H1ava, Schaefer and Siegfried NOES: Commissioner McGoldrick , 19 84 , ABSENT: Commissioners Crowther and Pe ATTE: T r C airman, P1 nning ission Sc etary, anni -g ommission Planning Commission "Meeting Minutes 4/25/84 C I Page 8 14a. A -956 - Mr. and Mrs. Glen McLaughlin, Request for Design Review Approval 14b. V -636 - for a second story expansion to an existing two -story residence and Variance Approval for a reduced rear yard setback at 14016 Camino Barco in the R -1- 40,000 zoning district Staff explained the applications. Commissioner 1-Ilava gave a Land Use Committee report, describing the site and the houses in the area. She noted that all of the houses in the area are visible to each other. She added that the back of the house is very massive and there are privacy impacts. The public hearing was opened at 10:19 p.m. i Mr. McLaughlin, the applicant, described the lot. He discussed the proposal, including the deck and landscaping. He read letters from the neighbors in support of the proposal and a letter which opposed the deck extension. Oscar Sohns, the architect, addressed the possibility of cutting the deck in half, thereby making it 5 feet instead of the proposed 10 feet. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner I -Ilava moved to approve V -636 for the existing rear balcony and post and arbors, per the conditions in the Staff Report dated April 19, 1984, with the arbors having a 1 ft. maximum overhang, making findings No. 1, 2, 4 and 5 listed in the Staff Report, plus finding No. 3, that it is a denial of common privilege not to have shade on the second balcony which is a living area of the house. Commissioner Schaefer seconded the motion, which was carried unanimously 5 -0. Commissioner Schaefer moved to approve the variance for a 5 ft. wide deck, making the findings. Further discussion followed on the deck. Commissioner Schaefer clarified her motion to approve a 5 ft. wide deck extending from the existing balcony, making the findings. The motion failed for lack of a second. Mr. Previte, the neighbor on the other side, spoke in support of the variance for the deck as proposed by the applicant. It was explained to Mr. Previte that findings must be made for approval. Commissioner McGoldrick moved to approve the 10 ft. deck as proposed by the applicant, making the findings that it is already into the setback and is not changing anything; the topography is unique and the heights of the adjoining properties were noted; and she does not feel that the primary purpose is to give deck space but will give some architectural relief to the back of this property for the neighbors. The motion failed for lack of a second. Commissioner Hlava moved to deny the variance for the deck, stating that she cannot make the findings. She noted that the house was poorly conceived at the time of design review relative to placement on the lot and the size. She added that she cannot make the variance findings to put such an addition into the setback when there is no much intense use on this lot. Commissioner Harris seconded the motion. Commissioner McGoldrick stated that the only reason she will not vote for the motion is because nothing will be done to mitigate the horror that is already there. The vote was taken on the motion to deny the variance for the deck. The motion was carried 4 71, with Commissioner McGoldrick dissenting. X Commissioner Hlava moved to approve A -956, per the Staff Report dated April 19, 1984 and.Exhibits "B ", "C" and "D ". Commissioner McGoldrick seconded the motion, which was carried unanimously 5 -0. The appeal period was noted. The City Attorney clarified that the variance approved was shown on the original drawings and is part of the living area, and is necessary because the house was incorrectly placed on the lot. 15. UP -555 - Pinn Brothers Construction, Request for Use Permit Approval to operate a model home sales office on the northwest corner of Verde Vista Lane and Toni. Ann Place (Lot 112, Tract 7580), in the R- 1- -12,500 zoning district Staff explained the use permit. The hours of operation were discussed. The public hearing was opened at 10:56 p.m. No one appeared to address the Com- mission. Commissioner Schaefer moved to close the public hearing. Commis- sioner Hlava seconded the motion, which was carried unanimously. MAY 2 J 1984 May 28, 1984 PERMIT RFjrlr��r City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Atttention: Council Members Subject: Appeal Application Glen and Ellen McLaughlin 14016 Camino Barco 867 -5366 Project File No. V -636 Variance (V -636 (c)) Project Address: 14016 Camino Barco Project Description: New Second Story Deck Decision Being Appealed: Planning Commision Denied New Second Story Deck of V -636 (c) variance on 4/25/84. Dear Council Members and Staff: Following are the appellant /applicant comments regarding the staff findings: 1- STRICT INTERPRETATION CONSISTENT WITH ORDINANCE OBJECTIVES: Due to the irregualar full acre lot shapes surrounding the house, the slight extension into the setback zone does not encroach on the privacy of the neighboring lots due to their existing shapes and house siting. Applicant's lot is long and narrow whereas lots ajoining are deep, thus providing more than 120 feet distance from any house in view. Since this lot is lower than all other surrounding lots, the second story deck is below the level of one ajoining lot and half the level above the other two ajoining lots. Trees already screen this level or will when landscaping is finished. Thus, the objective of the setback requirement is met. 2- EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES: The topography of the site is unique in that the house is one story in front and two stories in back. Entry from the front is on the second floor which comprises the living area, while the first floor is exclusively bedrooms. No other house is this area has this arrangement. Page 2 May 28, 1984 City of Saratoga RE: Glen and Ellen McLaughlin project file no. V636 (c) 3- COMMON PRIVILEGE: It is usually a common privilege to have an outdoor living area off the living room or family room. Since these functional areas are reversed in this house, it follows that a deck should be afforded to one of these living areas 4- SPECIAL PRIVILEGE: A primary purpose of the new second story deck is to correct a visual deficiency with the back of the house. Although the front of the house has excellent architectural interest, the back reminds one of a motel with its 110 foot flat length and 2 story height. The present appearance is as ugly to us as it is to our neighbors. We are seeking to relieve the monotony of the present mass by designing a deck to provide architectural interest. The latticed hip roof over the deck provides the necessary architectual detail to reduce the overall mass and motel -like appearance of the back of the house. This can only be accomplished by some projection from the present house and some alteration to the roof line. We have attempted to accomplish this objective by use of a solar porch that would be pleasing to the eye, functional with the living areas, and energy saving. Therefore, we believe a new second story deck is justified as presented. 5- PUBLIC HEALTH, SAFETY AND WELFARE: Staff has determined that the deck will not be detrimental to the public health, safety or welfare. SUMMARY: The objective of the setback requirement is met due to the locations of the existing houses. The proposed new second story deck with it's hip roof is necessary to correct the monotony of poor design of the back of the house. Moreover, by its design, it will provide compatible bulk and height. Finally, the adjoining neighbors do not object to the new second story deck. Sincerel Glen and Ellen McLaughlin OSCAR E. SOHNS, INC. AIA Architect & Planner May 23, 1984 City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Attention: Council Members Subject: Appeal Application Glen and Ellen McLaughlin 14016 Camino Barco 867 -5366 Project File No. V -636 Variance (V -636 (C) Project Address: 14016 Camino Barco Project Description: New Second Story Deck Decision Being Appealed: Planning Commission denied New Second Story Deck part of V -636 (C) variance on 4/25/84. Dear Council Members and Staff: I am including a copy of my letter of April 17 sent to the Planning Commis- sion, for your information. It covers five important points of our proposal. I would also like to comment on the Staff Recommendations and Findings listed on Page 4 of the "Report to the Planning Commission" dated April 19, 1984. Staff recommended denial, having been unable to make finding #3, which stated that 'Denial of the Variance would not deprive the applicant of the common privilege to have outdoor living areas including some second story decks. Staff cannot make this finding'. It is my observation that the common privilege to have outdoor living areas was caused to be deprived by the original designer of the McLaughlin's resi- dence by placing the living areas on the second floor and then placing the rear of the building too close to the rear setback so that this design de- ficiency and oversight would not be possible to correct within your present ordinance. This deficiency was not directed by the McLaughlins and was thought to be cor- rectable until they had purchased the home and lived in it and become increas- ingly aware of the need for outdoor living areas on the second floor. And then, after checking the actual location of the house on the site, they found, to their and my surprise, that the setback was preventing this possibility of correction. 253 Almendra Avenue • Los Gatos, California 95030 • (40B) 354 -7933 Page . . 2. May 23, 1984 City of Saratoga Re: Glen and Ellen McLaughlin Project File No. V -636C I believe that anyone of you who would take time to walk through their home and notice this deficiency would agree that something should be done about it. We attempted to correct it with our proposal and feel that this site and its topography, and the placement of the living areas on the second floor, make unique circumstances common to very few other properties, and that the McLaughlins should be permitted that common privilege enjoyed by those resi- dences not having these unique circumstances. In rebuttal to Finding #1 - Unreasonable Interference with Views or Privacy: There is more than enough open space to maintain the rural atmosphere of the city to satisfy the main purposes and intent of setbacks, due to the way in which the cluster of neighboring homes has been placed on the respective par- cels. The Staff's reasoning of too much construction and few mature.trees, and the 10' projection of the decking not being consistent with the objective of enforcing the setback .requirements, overlooks the fact that there will be a great number of trees planted in the'new landscape planting plans and will result in unnecessary hardship for their living patterns. In rebuttal to Finding #2 - Exceptional or Extraordinary Circumstances: I must differ with the,Staff's.opinion as I believe, as stated before, the topography of the site is unique, that does differentiate it from the other properties in the zone. Rebuttal to Finding #4 - Special Privilege: It is my opinion the granting of this variance would correct the original deficiency, as stated above, and would not constitute a grant of special privilege because of the exceptional circumstances, as above, requiring the deck expansion for the exterior living space, also described above.' It is'my opinion that all of these special circumstances add up to sufficient evidence for the-granting of this variance. Very truly yours, c� car E. rSohns, President OSCAR E. SOHNS, INC. OES:j Encl.. C6py of letter of April 17, 1984 CC: Glen McLaughlin OSCAR E. SOHNS, INC. OSCAR E. SOHNS, INC. AIA Architect & Planner April 17, 1984 City of Saratoga Planning Commission and Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Kathy Kerdus Subject: Variance Request for Mr. and Mrs. Glen McLaughlin, 14016 Camino Barco Saratoga; CA Dear Kathy and Planning Commission Members: The following points I would like to make in behalf of this request for vari- ance are simply stated below and are as follows: 1. ARCHITECTURAL IMPROVEMENTS: Architectural view from all the neighbors would be greatly improved. Everyone benefits, including the City, from improved appearance. Increases the value materially, esthetically and functionally. Solves a design problem that was neglected. 2. IMPACT TO NEIGHBORS: Projection into rear setback has relatively no effect on adjoining neighbors whose homes are at least 200 - 300 feet away, who must look through trees and other landscaping elements to see the rear elevation. The proposed new Solar Porch projection is important to the architect- ural composition as well as meeting its environmental function of be- coming an energy saving feature to the home. 3. SOLAR: The Solar Porch will extend a new glass bay out from existing porch, making a larger Solar Porch, which will reduce summer air conditioning load and costs and, of course, trap additional heat during the winter months for the comfort of the interior living spaces. 4. MASS: The apparent mass will be diminished by the rear porch projection as it will break the expanse of the flat 2 -story elevation, which pre- sently looks quite large and flat for 2 stories in height and 110 feet long; which reminds one more of a motel in appearance with the stair paralleling the deck and rear wall, making for an objectionable facade for the neighbor's viewing. 253 Almendra Avenue • Los Gatos, California 95030 • [40e1 354 -7933 Page 2. City of Saratoga Planning Commission and Planning Department Variance Request - Mr. and Mrs. Glen McLaughlin 5. LANDSCAPING: The new landscaping plan with swimming pool will also help to foil the views from adjoining neighbors, which is also being presented to you. The new tennis court and some front yard landscaping and walls are already under construction, greatly enhancing this prop- erty. Very truly yours, q. carSohns, President OSCAR E. SOHNS, INC. OES:j CC: Mr. and Mrs. Glen McLaughlin OSCAR E. SOHNS, INC. CITY OF SARATOGA Initial: AGENDA BILL NO. ,4 Dept. Hd. DATE: May 25, 1984 DEPARTMENT: Community Development C. Atty. C. Mgr. Appeal of SD -1554, Brookview School Site, 12301 Radoyka Drive, SUBJECT: Tentative Subdivision Approval -36 Lots. Issue Summary Applicant received a 36 lot subdivision approval for a 12.3 acre site at 12301 Radoyka Drive ( Brookview School'Site)�with.aceess from Radoyka and Kosich from the Planning Commission on 4/25/84. An appeal has been submitted expressing concerns on 1) the burden of additional traffic, 2) the hazardous condition of an extension of Obrad Drive, 3) the in- adequacy of the EIR particularly relating to open space to loss of a school facility in Saratoga plus 4) the insufficient findings regarding the means to mitigate or avoid the negative EIR impact of the development. Recommendation 1. Conduct a Public Hearing on the appeal. 2. Determine the merits of the appeal and approve or deny if the council wishes to approve the subdivision, they must 1) certify the Final EIR as adequate, acknowledging that the project will 3iave- ,a�signi.fi.cant effect on the environment and 2) approve per the Staff Report making a statement of overriding considerations, that certain environmental impacts cannot be mitigated to a level of insignificance. 3. Staff recommended approval Fiscal Impacts M/A Exhibits /AttachTmnts 1. Letter of Appeal 2. Staff Reports dated 3. Planning Commission 4. Exhibit "B -2" Council Action 4/3/84, 3/30/84, 4/19/84 minutes of 4/25/ and 4/11 5. FEIR 6/6: EIR certified 5 -0. Appeal denied on condition that Obrad be closed during construction and opened as regular access road upon completion of construction 4 -1 (Clevenger opposed). J V .,IT" DEVELOP ^....,... Saratoga, Calif: MuY 7, 1984. .. .. - Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 To the members of the Board: We, the undersigned, do hereby appeal the ruling(approval)of the Saratoga Planning Commission of April 25th, 1984 regarding the 36 lot subdivision at 12301 Radoyka Drive (Brookview School Site)as proposed by the Moreland School District. (SD_1554 & E_2_83). It is our contention that the addition of 36 homes in our community will generate at least an additional 70 cars using_Kosich.Drive,_and this,_?ae feel, will present an insurmountable burden on an already very hdavily trafficked and congested street. The_, present . - plan,-- that._of..purchasing the home.at 18763_Kosich Drive(Parker residence) and extending Obrad Drive through to the proposed subdivision will create, in our opinion'; an"extremely. hazardous condition. .The EIR does not state all the significant affects this development will have on the enviroment; nor does it state all the ways these negative affects can be mitigated or avoided. The EIR does not state all reasonable alternatives to the project. More specifically, the EIR did not adequately discuss the loss of open space, recreational space, and the loss of the lost Moreland School district facility in Sara- toga and the impact on the minor children of the community. In addition, the Planning Commission made insufficient findings regarding the means to mitigate or avoid the negative EIR impact raised by the development. RespDctfully submitted, Al & Lorraine Burden 18780 Kosich Drive, Saratoga, CA 95070 REPORT TO PLANNING COMMISSION DATE: 4/19/84 Commission Meeting: 4/25/84 SUBJECT E -2 -83 - Final EIR, Moreland School District, 12301 Radoyka Dr. ---------------------------------------------------------------------- - - - - -- BACKGROUND: The Draft EIR on this project was the subject of a public hearing before the Planning Commission on April 11, 1984. Communications received on the Draft EIR were presented and all present who wished to speak on the Draft EIR were heard. The public hearing on the Draft EIR was then closed and the item continued to the Planning Commission meeting of April 25, 1984. THE FINAL EIR The consultant has submitted responses to the comments received at the public hearing, as well as in writing prior to April 12, 1984, which incorporated, with the Draft EIR, constitutes the Final Environmental Impact Report. RECOMMENDED ACTION: Staff finds the Final EIR provides adequate information on the environ- mental effects of the proposed project. It is recommended that the Planning Commission certify the Final EIR as adequate, acknowledging that the project will have a significant effect on the environment. At the time the Tentative Map is before the Commission, the Commission shall be required to make a.statement of overriding considerations should they determine that certain environmental impacts cannot be mitigated to a level of insignificance. APPROVED Kathy Kdrdus Planner KK /bjc P.C. Agenda 4/25/84 ( I,- REPORT TO PLANNING COMMISSION DATE: 3/30/84 Commission Meeting: 4/11/84 SUBJECT: E -2 -83, Draft EIR, Moreland School District, 12301 Radoyka Drive ( Brookview School Site) PURPOSE OF THE EIR The State EIR Guidelines define an Environmental Impact Report as: "...an informational document which, when fully prepared in accordance with the CEQA and these Guidelines, will inform public decision - makers and the general public of the environmental effects of projects they proposed to carry out or approve. The information in an EIR constitutes evidence that a public agency shall consider along with any other information which may be presented to the agency. While CEQA requires that major consideration be given to preventing environmental damage, it is recognized that public agencies have obligations to balance other public objectives, including economic and social factors, in determining whether and how a project should be approved ". The guidelines provide direction in implementing the California Environmental Quality Act (CEQA) which says: "The purpose of an environmental impact report is to identify the significant effects of a project on the environment, to identify alternatives to the project, and to indicate the manner in which such significant effects can be mitigated or avoided ". CONTENT OF THE EIR The Draft EIR evaluates the impact of subdividing an irregular 12.3 acre site, the Br000kview School property, into 36 lots and placement of single - family homes on each of these lots. The lots would range in size from 10,000 to 21,200 square feet. The EIR focuses on environmental areas deemed to have the potential for significant impact according to the City's initial study. Any mitigation measures for which could reduce the environmental impacts are listed at the ends of each section. Report to the Planning Commission 0- 3/30/84 E -2 -83, Draft EIR, .land School District Page 2 The major concerns of the EIR are open space, tree preservation and traffic. The unavoidable adverse impact with_ development of the site is "loss of existing, developed .open space and recreation area." Additional significant environmental effects which cannot be avoided, in addition to the loss of the use of the school facility, are noted on page 36. CEQA quidelines require an EIR to describe all reasonable alternatives to a project "which could feasibly attain the basic objectives of the project, and why they were rejected in favor or the ultimate choice." The EIR presents alternatives: 1) no project 2) open space 3) retention of existing school building and subdivision of the remaining area 4) higher density The first would mean boarding up the school buildings and discontinuance of the maintenance of the site according to the School District. The second would require the City or some other public agency to buy the site, which does not appear economically feasible. The third alter- native would add additional traffic but would retain the school and some of the open space. The fourth alternative would require General Plan amendment and rezoning and generally increase the impact of the development on the area, especially traffic. RECOMMENDATION Staff recommends the at the Commission open the public hearing for purposes of testimony on the adequacy of the EIR. Written comments received during the 45 -day review period have been forwarded to the consultant for preparation of responses (see attachment). Those responses, in addition to any which shall be prepared after this public hearing, shall constitute the final EIR. Following conclusion of the public hearing, it is recommended that the item be continued to the Planning Commission meeting of April 25, 1984 at which time the final EIR can be certified as complete and adequate. APPROVED Kathy Kerdus Planner KK /bjc PC. Agenda 4/11/84 \` r REPORT TO PLANNING COMMISSION *Revised: 4/25/84 0Y of Sara +_ua DATE: 4/3/84 APPROVED Commission Meeting: 4/11/84 D A `E: i 5 SUBJECT. SD -1554 ' Mo'r'el and- of -..Di s-tri ct, 12301 Radoyka Drive (Brookview School Site) - Tentative Subdivision Approval - 36 lots ACTION REQUESTED: Tentative Subdivision Approval for 36 lots. OTHER APPROVALS REQUIRED: Final Subdivision Approval, Design Review Approval for each residence, Building Permits. PLANNING CLASSIFICATION ZONING: R -1- 10,000 GENERAL PLAN: Residential- Medium Density Single Family (M -10) SITE DATA PARCEL SIZE: 12.3 acres with proposed lots ranging from 10,000 to 21,200 sq. ft. NATURAL FEATURES & VEGETATION: Most of the project site is a mowed grassy field used for general playground activities. A variety of trees have been planted on site with the most significant being Monterey pines and redwoods which form a corridor on San Palo Ct. and Radoyka Drive; coast live oak on the south central border; and a fan palm near the parking lot. AVERAGE SITE SLOPE: Approximately 1% GRADING REQUIRED: Cut: Approximately 15,000 Cu. Yds. Fill: 15,000 Cu. Yds. Cut Depth: 2 Ft. on southern edge Fill Depth: 1.Ft. on northern edge PROJECT CONSIDERATIONS: Circulation: Two accesses have been provided for the site by removal of an existing home on Kosich Drive. There are no cul -de -sacs, so that the 15 unit or 500' rules do not apply. Report to the Planning Comm-icf, ssion 4/3/84 SD -1554 - Moreland School Dist., Radoyka Dr. Page 2 Traffic: The General Plan requires a cumulative traffic study for any subdivision of 5 lots or more. This study has been done as part of the required Environmental Impact Report. It states that "The project will generate about 360 vehicle trip ends per weekday, with 36 of these during the p.m. peak hour..... Existing uses at the site generate about 150 vte during the p.m. peak hour. The project would decrease the num- ber of vte to the site during the p.m. peak hour by about 114..... Traffic increases from cumulative development and decreases from the project would not be sufficient enough to change the level of service at any of the four (4) intersections analyzed." (EIR pp. 14 -15) Design Considerations: The Subdivision Ordinance states: "Not as a mandate, but as a statement of future policy on all matters concerning the design and improvement of sites and subdivisions, the following shall generally not be approved; ...(b) A subdivision of gridiron design, or a subdivision having double frontage lots; The layout of the lots is similar to surrounding subdivisions. Lots, 16, 17 and 18 have potential double frontage on San Palo Ct. and a proposed street. Staff has recommended conditions for no frontage on San Palo Ct. This design was submitted to save the ex- isting stand of pine and redwood trees along San Palo Ct. A previous submittal, show- ing 35 lots, did not result in potentially double fronting lots, but several trees were to be removed. At your Committee of the Whole on April 3, 1984, you expressed interest in placing a landscape easement on the four (4) corner parcels opposite Obr.ad Drive, entering into the proposed subdivision. Staff also indicated another potential place for a land- scaping easement on San Palo Court, in anticipation that fencing will be placed in the rear yards and that some landscaping should be in place to mitigate the visual impacts from San Palo Court. Recommended Conditions VIII. D, E and F would handle the review of the proposed landscaping and its eventual maintenance. PROJECT STATUS: Said project complies with all objectives of the General Plan, and all re- quirements 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. An Environmental Impact Report was certified by the Planning Commission as adequate on /84. A Notice of Determination will be filed with the County of Santa Clara Recorder's Office when this project is approved. Since the project has been certified to have a sig- nificant impact on the environment, one or more of the following finds must be made: 1. Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identi- fied in the completed environmental impact report. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. f Report to the Planning Comm( n ( 4/3/84 SD -1554 - Moreland School Dist., Radoyka Dr. Page 3 The Staff Report recommends approval of the tentative map for SDR -1554 (Exhibits "B -1 and C" filed February 1, 1984) subject to the following conditions: I. GENERAL CONDITIONS A. Comply with Standard Engineering Conditions dated II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Tract Map" to City for checking and recordation (pay required checking and recordation fees). C. Provide for a 25 ft. half- street dedication on all streets. D. Provide easements as required. E. Improve all streets to City Standards, including the following: 1) Designed Structural Section 18 ft. between centerline and flowline. 2) P.C. Concrete Curb and Gutter (R -36) 3) Undergrounding existing overhead utilities. F. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: 1) Storm Sewer Trunks with necessary manholes. 2) Storm Sewer Laterals with necessary manholes. 3) Storm Drain Inlets, Outlets, Channels, etc. G. Construct Standard Driveway Approaches. H. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. I. Watercourses must be kept free of obstacles which will change, retard or pre- vent flow. J. No direct access allowed onto San Palo Ct. from lots. K. Protective planting required on roadside cuts and fills. L. Engineered Improvement Plans required for: 1) Street Improvements 2) Storm Drain Construction M. Pay Plan Check and Inspection Fees as determined from Improvement Plans. N. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. 0. Post bond to guarantee completion of the required improvements. Report to Planning CommissioC C 4/3/84 SD -1554 - Moreland School Dist., Radoyka Dr. Page 4 III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional. 1) Soils 2) Foundation B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. C. 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 ft. or higher. 4) All existing structures, with notes as to remain or be removed. 5) Standard information to include titleblock, plot plan using record data, location map., north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation District No. 4 as outlined in letter dated November 22, 1983. V. SPECIFIC CONDITIONS - CENTRAL FIRE PROTECTION 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 3 hydrant(s) that meet Central Fire District's specifi- cations. Hydrant to be installed and accepted 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 Sanitation District No. 4. 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. 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 SCVWD for review and certification. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Comply with Mitigation Measures shown on Exhibit "E ", attached, prior to issuance of building permits. Report to Planning Commission 4/3/84 SD -1554 - Moreland School Dist., Radoyka Dr. Page 5 C. Prior'to issuance of building permits, individual structures shall be re- viewed by the Permit Review Division 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 sub- division. *D. The applicant shall landscape all portions of the public right -of -way and pro- posed 10'landscape easements that are to remain unimproved. Landscaping fencing and irrigation plans shall be submitted to the Permit Review Division for review and approval. Landscaping adjacent to extension of Obrad shall act as an entry way to the subdivision. No fences within the easement are to exceed 3 ft. in height. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -way improvements. *E. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the landscaping easements at the extension of Obrad and the public right -of -way on San Palo Ct. The appli- cant 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 homeowners association for the express purpose of maintaining all landscaped areas within the public right -of -way and landscape easements. The C.C.& R's of the home- owners association shall be reviewed and approved by the Permit Review Division prior to final approval. *G. No 2 -story residences are allowed on Lots 30 -36 and 16. Fifty per cent of the remaining lots may be two -story as allowed through a public hearing Design Review on which lots may contain second stories. One story residences shall be a maximum of 20 ft. in height and two -story residences shall have a maximum height of 25 feet. *H. The rear yard setback on Lot 36(adjacent to the southerly property line) shall be a minimum of 15 ft. with a 20 ft. average setback preferred. *I. An S gate to allow access to Prospect High School shall be constructed at the end of San Palo Court as approved by Campbell Union High School District and the City Engineer. Prior to Final Map Approval, all properties within 300 ft. shall be noticed and given time to comment on the S gate. Any objections will be forwarded to the Planning Commission for Design Review of the gate. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. Approved:' Kathy Keraus Planner KK /dsc P.C. Agenda: 4/11/84 -Planning Commission l Meeting Minutes 4/11/84 Page 8 12. UP -SS4 - Frank Cuddy, Request for Use Permit Approval for a Real Estate Office at 12228 Saratoga- Sunnyvale Road in the C -V zoning district This application was withdrawn at the request of the applicant. 13a. SD -1SS4 - Moreland School District, Consideration of EIR and Request for 13b. E -2 -83 - Subdivision Approval for 36 -lot subdivision at 12301 Radoyka Drive in the R- 1- 10,000 zoning district It was noted that this project had been discussed at a study session. Staff stated that there had been resubmittals on one or two lots which had previously had improper dimensions. Chairman Schaefer commented that she would like some kind of size expectation on the corner lots so they might be a little bit less than what has been seen in a few recent applications. The public hearing was opened at 10:45 P.M. Charles Bennett, Environmental Science Associates, preparer of the EIR, appeared to answer questions. It was noted that the public hearing tonight is open for comments on the EIR, and the Building Site Approval will be considered later. However, any concerns on the project should be brought up tonight. D. L. Nourse, 18923 Kosich Drive, expressed concern about the loss of open space in the area. He stated that he would like to see the City consider something regarding open space and maintain it. Chairman Schaefer explained that there had been discussions with the school district,with the thought of maintaining either one of the buildings or some of the land. However, the school board did not agree and the City did not have enough money to purchase. She added that there was no movement in the neighborhood to save land for open space; therefore; it was rezoned. She stated that the only thing that could be done is if private people had the money to buy one of the lots for open space, and the reality of that happening when the lots are so expensive is not likely. Lorraine Birden, corner of Kosich and O'Brad, expressed concern with the traffic which will be generated when O'Brad goes through. The traffic circulation in the area was discussed. Ken Evans, 18779 Kosich Drive, expressed concern about existing overhead utility lines and hoped that this subdivision would cause their undergrounding. Staff: stated that the subdivision itself would have to be undergrounded but there might not be any requirement for the undergrounding of the adjacent existing subdivision. If the undergrounding of the adjacent tract were required, there would be cost to the existing property owners for establishing the underground services. Commissioner McGoldrick asked about closing Kosich Drive to preclude shortcutting through this area. Staff indicated that closure of Kosich would simply force shortcutters to utilize different streets within the neighborhood. It was indicated that the City had recently received a request to close off Saratoga Glen Place for the same reason. Staff suggested that if there was to be effort made to modify traffic patterns within the area, it should be on the basis of a study of the entire area, rather than piecemeal. Commissioner Schaefer asked if there was any way to preserve one lot as open space. Staff explained that the Parks and Recreation fees did not equal the cost of one lot. It was moved and seconded to close the public hearing on the Draft EIR. It was explained to the audience that there is a copy of the EIR at City Hall for, review, and the EIR consultant will provide answers to the concerns expressed tonight. It was also noted that comments would be taken on the subdivision proposal at the next meeting. It was directed that SD -1SS4 and the Final EIR be continued to the meeting of April 2S, 1984. COMMUNICATIONS Oral 1. Chairman Schaefer commented that many of her neighbors had expressed concern regarding the flow of traffic on Saratoga -Los Gatos Road. Staff reported that the City Council has requested the State to establish the speed zoning at 3S miles per hour on Saratoga -Los Gatos Road between Big Basin Way and Aloha Avenue, and also on Saratoga- Sunnyvale Road between Big Basin Way and Herriman Avenue. Staff indicated that the State had made a speed study on Saratoga- Sunnyvale Road and found the speeds to be almost exactly the same as - 8 Planning Commission -Meeting 4/25/84 GF -344 and GPA- 83 -1 -A (cont.) Page 3 primarily with the seniors. I would like to see something that would deal with that. I am willing to look at almost anything, even if it started out with very restrictive in order to judge the impacts, that would deal in any way with those two issues. Commissioner Schaefer - I think the best one we came up with that could still use some modification is the one on lots of 45,000 sq. ft. or greater. Perhaps considering them on lots that are 25% greater than the other homes in their own zoning district, or to look at them and bring them out to the neighborhood and say, what do you want in your own zoning district, because I think it has such a major impact. If all we are voting on tonight is either put them everywhere or put them nowhere, then I would make a motion not to have them now but with a timeframe limit on that, assuming that we would look at that and clarify that at a later date, Chairman Siegfried commented that the Commission is voting only on whether or not we can preclude them; the Council is deciding whether or not and where they are going to allow them. Commissioner Harris - I had presented at the last meeting the findings that I thought could be made to preclude them. Commissioner Siegfried - I was originally one in favor of the 45,000 sq. ft. limitation, and after much deliberation and listening to comments, I have come around to a different point of view. I appreciate the seniors sending that ordinance that has been considered. I would be inclined to go along with the Council's proposal, except that I would insert in it a senior citizens limita- tion, even though I think legally it won't survive. But I think Ave can cer- tainly protect the ordinance in allowing severability, so that if that fails the rest of the ordinance survives. Secondly, I think I would, not in terms of detached units, make that limitation that the lot be twice the size of the zoning district. I think I would do it something less than that, 60% or 70 %, because if it is twice the size that essentially says there can probably be two units there anyway. I think I would compromise that to some extent, and I am somewhat inclined to say that, for any kind of second unit, it has to be some percentage over the minimum size, but I would be open to thoughtabout that. I thought perhaps for the attached unit it could be 20 or 25% larger, but I am not wedded to that. Commissioner McGoldrick moved to forward a denial of the ordinance precluding second units to the City Council, not being able to make the findings. Com- missioner Hlava seconded the motion, which was carried 3 -2, with Commissioners Harris and Schaefer dissenting. Commissioner Harris expressed her frustration with the whole procedure. She stated that, having come on the Commission after this ordinance was considered, she felt it was'very awkward. She added that she felt that the Commission's task was merely to see whether they could make the findings for preclusion or not, and she found it very disconcerting that the Commission kept considering other things along the way because it was inappropriate and it was not a com- plete job. Chairman Siegfried commented that the Housing Element contains a statement that the City is considering second units, which is where the Commission would be at this point. Commissioner Hlava moved to approve the Housing Element and forward it to the City Council. Commissioner Schaefer seconded the motion, which was carried unanimously 5 -0. 8a. SD -1554 Moreland School District, Consideration of EIR and Request for 8b. E -2 -83 - Subdivision Approval for 36 -lot subdivision at 12301 Radoyka Drive in the R- 1- 10,000 zoning district; continued from April 11, 1984 Staff stated that the..consultant has submitted responses on the comments made at the public hearing on the EIR. Those, along with the Draft EIR, would become the Final EIR, which Staff is recommending that the Commission certify tonight. Commissioner Schaefer moved to certify the EIR, making the statement that it will have a significant impact on the environment. Commissioner McGoldrick seconded the motion, which was carried unanimously 5 -0. - 3 - Planning Commission Page 4 Meeting - Minutes 4/25/84 C SD -1554 (cont.) Discussion followed on SD -1554. Staff stated that Exhibit "F:" forms the Commission's statement of overriding considerations and contains all of the mitigation measures taken from the environmental report. Discussion . Collowed on these mitigation measures. The public hearing was opened at 8:04 p.m. Jim Russell, representing Saratoga Woods Homeowners, summarized comments from the neighbors, lie noted the traffic congestion and the desire for open space. Jim Rand, of McKay & Somps, gave a presentation on the project. He reported that the school district has met with the neighbors several times and have tried to mitigate their concerns. Commissioner Hlava asked if there would be any access from this subdivision or the,end of San Palo to Prospect High. Mr. Rand commented that he believes there is currently a chainlink fence that prohibits any direct access. After discussion it was suggested that a small opening, a S gate, could be created. Alan Aspi, 12421 Lolly Court, expressed concern about two- stories and the elimination of open space. Staff stated that there was no restriction on two - stories at this point, and discussion followed on possible locations for two - stories. Lorraine Bergman, Kosich and O'Brad, spoke in opposition to the project. She commented that she represented five neighbors living in the immediate area. Ken Evans, 18779 Kosich, expressed concern regarding two- stories. He stated that he would like to see undergrounding of utilities in the area be a part of the project. Staff explained to Mr. Evans that any setback from a street would be 25 ft, from the property line. They discussed the landscaping ease- ment that is being required by the City. Virginia Glogovac, 12309 Radoyka, inquired about the setback of the houses and an easement for the school. She expressed concern regarding traffic. The setbacks were discussed. Commissioner Schaefer stated that she feels the setback should definitely be 2S feet all the way around on corner lots. Commissioner Schaefer moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. There was a consensus to have a S gate at San Palo, if the neighbors approve. There was also a consensus that issues to be resolved are (l.) height limit on single stories, (2) limitation on two - stories and location, and (3) setbacks for corner lots. Staff pointed out that it would be difficult to develop some of the corner lots if a 25 ft. setback in the rear yard was maintained. Staff also suggested Design Review Approval forthe location of two stories. Dis- cussion followed on the maintenance of the landscaping easement and what can be done if not properly maintained. The City Attorney commented that he assumes there is a Landscape Maintenance Agreement, which gives the City the right, if the maintenance is not performed, to go in and do the work and assess all the lots for the cost. Staff noted that the Commission should determine if the easement should be privately or publicly maintained. Mr. Rand addressed the issues of two - stories and height of one - stories. lie stated that there was no builder tied into the property at this point and a reasonable approach would be to make some limitation on the location of some two -story plans and try to leave some flexibility for a potential builder to develop his own kind of mix. He suggested some two- stories possibly along the southerly boundary. There was a consensus to take the matter to a study session to discuss the issues. Bob Bjoring, Moreland School District, stated that they are under a time constraint because the bid opening is scheduled for May 31, 1984, since they were led to believe that the approval could be obtained by that time. It was determined that further discussion would be held on the issues at this time, rather than take the matter to a study session. Commissioner McGoldrick stated that she would like lots 26 -30 to be single- story. She explained that she feels that if they are two - story, then future development in the Prospect High School property could come in and ask for two - stories there because they would be adjacent to two - stories. 4 - yr J -Planning Commission / �` Page 5 "Meeting Minutes 4/25/34 l SD -1554 (cont.) Commissioner Schaefer moved that two stories not be allowed on lots 30 -36 and lot 16. Commissioner Hlava seconded the motion, which was carried 4 -1, with Commissioner McGoldrick dissenting. Commissioner McGoldrick moved that 50% maximum of the remaining lots can be two - stories, in a mixed kind of arrangement, and requiring a design review public hearing. Commissioner Hlava seconded the motion, which was carried unanimously 5 - -0. Commissioner McGoldrick moved to have single - stories no higher than 20 ft. and the two- stories no higher than 25 ft. Commissioner Hlava seconded the motion, which was carried 4-1, with Commissioner Schaefer dissenting because she feels the second stories should be 2 -feet higher. Commissioner Schaefer moved to have a rear yard setback and street frontage setback of 2S feet on lot 36. Commissioner Harris seconded the motion, which was carried 3 -2, with Commissioners Siegfried and McGoldrick dissenting. Staff asked the Commission if they were willing for people to apply for a variance from that setback in case it doesn't create a very large buildable area. Commissioner Hlava stated that she may have to reconsider her vote here, because she does not want to have variances at all. Commissioner Siegfried stated that it was the consensus and the intent of the Commission to have 25 ft. setbacks on lot 36, but allowing for a design review public hearing. It was clarified that the rear yard would be defined as the property line adjacent and contiguous to the house. Commissioner Harris stated that possibly there could be a compromise between 10 ft. and 25 ft. Commissioner Hlava commented that maybe the Commission could state that they want a setback there in excess of 10 ft. to whatever the lot will allow. Commissioner Schaefer noted that another option would be to combine lots 33-36 into 3 lots. Staff noted that there will be design review on the lots. Mr. Rand commented that he feels placing such a strict condition on lot 36 would be placing an undue hardship on that lot. He described the lot and suggested that there be a compromise, stating that they could pass on the Commission's concern to the buyer. Commissioner Harris stated that she felt it was the Commission's place to make their intent clear and she would like to reconsider her vote. Commis- sioner Hlava asked for reconsideration of the vote relative to the setback on lot 36. Commissioner Harris seconded the motion, which was carried unani- mously S -0. Commissioner Harris moved that the rear yard setback, the rear yard being defined as that line on the southerly portion of lot 36, be a minimum of 15 feet, leaning towards an average of 20 ft. Commissioner Hlava seconded the motion, which was carried unanimously S --0. Commissioner Hlava asked the City Attorney what would be the most effective way to ensure that the landscaping is being completed. He stated that the normal procedure would be for the City to require a Landscape Maintenance Agreement, with that obligation then passing from the developer initially to the Homeowners Association when it is established. He commented that the Homeowners Association would have their normal assessment processed to raise `r the funds to do that. lie added that, should the Homeowners Association fail to landscape under the CC$R, which the City has the right to approve and can- not be amended without the City's consent, the City has the prerogative to do the work and assess the properties for the cost. Commissioner McGoldrick moved to approve SD -1554, per Exhibits 'B -1" and "E" and the Staff Report dated April 11, 1.984, with conditions that (1) the S gate for pedestrian access to Prospect High on San Palo Court be installed, with it coming back to the Planning Commission if the homeowners object, when noti- fied, (2) the landscaping, including the entry way, be accomplished, per the previous wording by the City Attorney, and (3) the number and location of two - stories, the height of single storie -s and the setback on .lot 36 be that incorporated in the previous motions. Commissioner Hlava seconded the'moti.on, _ which was carried unanimously 5-0. Break 9:00 - 9:1S p.m. ----------------- Z4 Z3 zz Z/ Z(D 0 CA 710 Al ",Po i Z., / "= /000 ............ 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I I I i CITY OF vi 0 7y,-IcAt. snqeEr SPCTIO" AADOVICA DIRIV,! 7YAIC-41 17A,-.fr3zc71aV-AAOOY.'(A OR /VG / " A'r A.v .4Ly U, �4 ✓05 by • -Yplewl -sr7- -lov - 7,y,.ICAI 37j"Z7 L^ '?ON- SAN,-ALOCX 7 jr. rec7 J 3 33 34 CITY OF vi 0 7y,-IcAt. snqeEr SPCTIO" AADOVICA DIRIV,! 7YAIC-41 17A,-.fr3zc71aV-AAOOY.'(A OR /VG / " A'r A.v .4Ly U, �4 ✓05 by • -Yplewl -sr7- -lov - 7,y,.ICAI 37j"Z7 L^ '?ON- SAN,-ALOCX 7 jr. rec7 CITY OF SARATOGA AGENDA BILL NO. i �',� DATE: May 25, 1984 DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: C -206; Morrison and Fox, 14234 Saratoga - Sunnyvale Road, Rezone from R -M -4000 to R -M -3000 Issue Summary 1. At its meetingsof April 11th and 25th, 1984, the Planning Commission reviewed and approved the above referenced rezoning upon compliance with certain conditions (Tentative and Final Building Site Approval; Design Re'view). 2. Site is currently occupied by 20 apartment units. Although the pro- posed rezoning could allow 12 additional units, Staff expects only 5 - 6 units could be added to the site without the need for variances. Reconmendation 1. Staff recommended approval of this rezoning to the Planning 2. Council should open the Public Hearing and take testimony. 3. The attached Negative Declaration should be adopted prior to reading of the .rezoning ordinance. 4. The first reading of the ordinance should then be made. The reading would then occur at the meeting of June 27, 1984. Fiscal Impacts None anticipated. Exhibits /Attachments Exhibit A - Negative Declaration Commission if B - Staff Reports dated 4/3/84 and 4/18/84 if C - Applicant's letter dated 1/26/84 it D - Resolution No. C -206 -1 if E Ordinance rezoning the subject property. if F - Planning Commission minutes dated 4/11/84 and 4/25/84 Council Action 6/6: Negative Declaration approved 3 -0. Ordinance read by title, waiving further reading, 4 -0. Ordinance introduced 3 -1 (Clevenger opposed). 6/20: Adopted ordinance,v3 -1 (Clevenger opposed) NS3- 2G.9a the first second EIA -4 Saratoga 5 File No: C -206 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 .x4ktsrr A 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 15063 through 15065 and Section 15070 of the California Administrative Code,_ and-Resolu- tion 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Rezone a 2.2 acre parcel from R -M -4000 to R -M -3000 to allow the eventual construction of a maximum of 12 additional multi- family apartment units where 20 units already exist at 14234 Saratoga - Sunnyvale Road, Saratoga, CA. NAME AND ADDRESS OF APPLICANT David & Terry Morrison Stephen & Lynda Fox 19590 Juna Lane 19630 Juna Lane Saratoga, CA. 95070 Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION The proposed project will not have a significant effect on the environment since the act of rezoning does not have any direct effect on the physical environment. However, the ultimate construction of the project could have some effect on the environment. These will be mitigated through the application of existing City codes and ordinances and through the conditioning process of Tentative Building Site Approval. Further environmental assessment will be required at that time. Executed at Saratoga, California this 3rd day of April , 19 ROBERT S. SHOOK DIRECTOR OF C MMUNITY DEVELOPMENT AND ENVIR NPIENTAL CO T OL OF THE CITY OF SARA GA DIRECTOR'S AUTHORIZED STAFF MEMBER REPORT TO PLANNING COMMISSION DATE: 4/3/84 Commission Meeting: 4/11/84 SUBJECT: C -206, Morrison and Fox, 14234 Saratoga - Sunnyvale Road --------------------------------------------------- - - - - -- - - - - - -- REOUEST: Consider rezoning the subject property from R -M -4000 to R -M -3000 to eventually allow the construction of 12 additional apartments where 20 already exist. OTHER APPROVALS REQUIRED: Tentative and Final Building Site Approval, Design Review approval and building permits. PLANNING DATA:.:. .- PARCEL SIZE: 2.2 acres GENERAL PLAN DESIGNATION: Residential- Multi - Family ZONING: Existing: R- M- 4000. Proposed: R -M -3000 S TTF DATA: SURROUNDING LAND USES: Single family residential to the west and north; multi- family residential to the east and southeast; commercial to the southwest. SITE SLOPE: Gentle NATURAL FEATURES & VEGETATION: Non - native landscaping dominates the site except for that portion adjacent to Saratoga Creek. PROJECT CONSIDERATIONS: HISTORY: Twenty units were built on the site in the early 1960's. Three of the units are in a two -story structure. The remainder are single -story units. Report to the Planni Commission 4/3/84 C -206, Morrison and (ox !`" Page 2 GENERAL PLAN CONSISTENCY The density permitted under the proposed-R -M -3000 is consistent with the maximum density of 14.5 dwelling units per acre allowed under the multi - family designation of the General Plan. The traffic generated (72 Average Daily Trips) by the 12 additional units that could be built on the site if this rezoning is approved could be accommodated by Saratoga- Sunnyvale Road and would be consistent with the following general goals: LU.6.0 Relate new development and its land uses to presently planned street capacities so as to avoid excessive noise, traffic, and public safety hazards. If it is determined that existing streets need to be improved to accommodate a project, such improvements shall be in place or bonded for prior to issuance of building permits. CI.5.0 Use presently planned street capacities in determining land uses and acceptable development densities. If it is determined that existing streets need to be improved to accommodate a project, such improvements shall be in place or bonded for prior to issuance of building permits. The applicant-must also conform with the following General Plan policies: LU6.1' Prior to initial approval, the decision making body shall consider the cumulative traffic impacts of single family . ,,..residential projects of 4 or more lots, multi - family residential projects of eight or more units, and :commer.cial projects de- signed for an occupancy load of more than 30 persons. CI.2.7 Prior to further development of major residential (4 or more single- family units; 8 or more multi - family units) or major commercial (more than 30 person occupancy) projects along the City's major arterials, the impacts of increased traffic shall be studied and a plan for minimizing these impacts shall be developed to the extent feasible. If the applicant wishes to build eight or more dwelling units on the site, a traffic impact study will have to be submitted when application is made for Tentative Building Site Approval. This study must take into account the cumulative traffic impacts of future development along Saratoga- Sunnyvale Road and indicate how these impacts, if significant, can be mitigated. The Planning Commission has been working on the Draft Housing Element of the General Plan for the past year. As the Commission is aware there is a need for more housing in Saratoga as expressed in the Draft Housing Element. This project when completed would contribute to meeting some of that need. Report to the Plann Commission 4/3/84 C -206, Morrison andi( (11 Page 3 The appl.icant has indicated that the additional units would be about 700 sq. ft. in size and would be rented for about $650 /month. At this proposed rent these units would be affordable for moderate income households ($18,697 - $28,044 per year) or low income house- holds if the County median income increases as projected for 1985. The Draft Housing Element has indicated that there is a potential need for an additional 123 moderate income housing units. STAFF ANALYSIS The site of the proposed rezoning in four detached structures. Two parking spaces are also contained a pool and open space area in the the site is from 5 to 10 feet lows about 20 feet lower than adjacent about the same elevation or up to perties to the east and south. is occupied by 20 units contained carports providing twenty covered on site. The buildings surround center of the site. The center of =_r than Saratoga - Sunnyvale Road, properties to the north and is at 5 feet higher than adjacent pro- The applicant has submitted a rough sketch showing the property in its existing condition (Exhibit '.0 ") and a tentative layout showing how additional units could be added to the site (Exhibit "D "). The applicant proposes that the carport building nearest the pool be removed and - additional units added-in-its place and attached to the longest of the existing apartment structures. The carport would be moved to the rear of the property. Additional carports are proposed near the southern property line and at the front of the site. Using the tentative plan proposed by the'applicant staff would estimate that no more than seven single -story apartments could be built in that plan. The full potential of 12 units (if the rezoning is adopted) could be constructed if two -story structures are used. However, the tentative plan violates the 25' minimum rear, side and front yard setbacks required for this site and violates the minimum 20' distance required between structures used for human habitation. Variances from these requirements would have to be granted by the Commission if the tentative plan were to be used. Staff estimates that from 5 to 6 additional units and required covered parking could be built on site without requiring variances from ordinance standards. This would require the two existing carports to be placed back to back with a 25' setback from the rear property line and could require two -story construction with the new covered parking beneath the new units. The details of such a plan would be reviewed by the Planning Commission at the Tentative Building Site and Design Review Approval stage of the project. If the tentative development plan is modified so as not to require any variances from City standards, staff feels that the proposed project would be of assistance in helping to meet Saratoga's need for aditional moderate income "rental units. Report to the Plannir- Commission C -206, Morrison and C x 4/3/84 �t Page 4 FINDINGS: In accordance with Section 18.6 of the Zoning Ordinance staff has prepared the following findings: 1. The proposed rezoning is required to achieve the objectives of the General Plan and the Zoning Ordinance as prescribed in Section 1.1 of said ordinance. 2. The proposed rezoning will not have a significant impact on the environment or adversely affect the public health, safety or welfare. RECOMMENDATION: Staff recommends that the Planning Commission make the necessary findings and adopt-a resolution recommending that the City Council rezone the subject property shown on Exhibit "B" from R -M -4000 to R- M- 3000. ' APPROVE MF /bjc P. C. ` Agenda '4 /11/84 �� ..CCU' W�L.• `fi�1"`�• -� 'Michael Flores Assistant Planner C REPORT TO PLANNING COMMISSION DATE: 4/18/84 Commission Meeting: 4/25/84 SUBJECT: C -206, MORRISON & FOX, 14234 SARATOGA - SUNNYVALE ROAD At its meeting of April 11,1984 the Commission considered rezoning the 2.2 acre parcel at the above address from R -M -4000 to R -M -3000. After considerable discussion the Commission directed staff to prepare an ordinance conditionally rezoning the property from R -M -4000 to R -M -3000. The City Attorney's office has prepared the attached ordinance which would allow the rezoning to occur if the following two conditions are complied with within 24 months of the effective date of the ordinance: 1) Tentative and Final Building Site Approval showing the preservation of all existing residential units and the location of new structures. 2) Design Review Approval The purpose of these conditions is to ensure that the existing moderate income housing units are preserved and that any future development will be harmonious with the existing development. RECOMMENDATION: Approve the resolution recommending that the City Council adopt the attached ordinance conditionally rezoning the site from R -M -4000 to R -M =3000 and make the necessary findings as shown on Exhibit "F ". APPROVED MF /bjc P.C. Agenda 4/25/84 . 41�- l4t, Michael Flores Assistant Planner PT'S �3C t: r ZO VNtT5 - r5lAr-OG 0'14q -------------- DCHHMT 00%.— Fl LE Me CITY OF SAIRATOQA v v U." r. ILI APT.5 Z.Z-AceAe 14 v-kt-T-5-,-/-Acv cu, cl% j4C)a*j6ojJ— r,67X EXHIBIT- FILENe. IAIJJ MY OF SARATOGA IV 1; X V \4 1 c� DAVID J. MORRISON. INC David J. Morrison M.A.I. Rcal Estate Appraiser & Consultant 1 175 Saratoga Ave., Suite 4 San Jose. Calif. 95129 (408) 996 -0872 January 26, 1984 City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Zoning Change 14234 Saratoga- Sunnyvale Road Saratoga, CA 95070 A/P 397 -27 -30 Dear Commission Members, G-Z06 1�,X4116rr tt C * This letter will state why a zoning change from RM4000 to RM3000 on the above 2.2 acres is in the public interest and conforms with the General Plan. I have owned the subject property for 12 years and have had a waiting list to occupy the existing 20 units during the entire 12 years. There has been no new construction of apartments in Saratoga in the past 10 years with the exception of subsidized housing on Cox Avenue and the Odd Fellows subsidized housing for the elderly. The inventory of apartments in Saratoga was reduced dramatically when the two largest apartment complexes in Saratoga were converted to condo- miniums, "The Gatehouse" on Fourth Street and "The Saratoga Creekside" across from the old Post Office. Based on the most recent U.S. Census, Santa Clara County housing contains 40% rental units and 60% owner occupied. The City of Saratoga has 265 rental units, or only 3% rental units and 97% owner occupied housing units. With so few apartments in Saratoga, many existing young and older resi- dents of Saratoga are forced to move out of Saratoga if they choose apartment living. I have owned apartments in Saratoga for 19 years. The average tenant has lived in my buildings for five to 15 years and nearly all have been former residents of Saratoga who formerly owned a home or lived with their parents. In summary, it is evident that there is a strong demand for apartments in Saratoga by existing residents of Saratoga. With the inventory of non - subsidized apartments in Saratoga actually decreasing due to two major condo conversions, many citizens of Saratoga are forced to move to other communities to obtain an apartment. t City of Saratoga _ 2 January 26, 1984 Planning Commission Area E, triangle south of the new General Plan states at the top of page 4 -14. Number of dwelling units in Area E Type: Number: Single Family Dwellings 1,696 (95 %) Condominiums 71 ( 4 %) Rentals 20 ( 1 %) Total 1,787 The above 20 rentals have been owned by me for 12 years. I would like to build 12 apartment units on vacant land for a total of 32 units. Page 4 -16 of General Plan Area E - Guidelines for Area Development 1. The southern corner of Area E should be reviewed as possible sites for additional multi - family housing units. The proximity of this area to public transportation, Highway 85 (Old Highway 9), Saratoga Avenue, the Village, commercial and professional facilities, and churches make this a highly satisfactory area for such developments. Based on the preceding Guidelines for Area Development in Area E of the General Plan, my request for a zoning change from RM4000 to RM3000 is justified and encouraged by the General Plan. Pleasa send copies of staff reports to me. Very David e RESOLUTION NO. C -206 -1 RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to wit: At the hour of 7:30 p.m. on the 11th day of April , 1984 at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulation plan of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made certain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "E" should be affirmatively recommended to the City Council. NOW, THEREFORE , BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and'the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit ",F ", be and the same is hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and a summary of hearings held by this Commission to the City Council for .further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th. day of April 1984, by the following roll call vote: AYES: Commissioners Harris, Hlava., McGoldrick, Schaefer and Siegfried NOES: None ABSENT: Commissi.oners Crowther and Peterson ATTEST: ��'--��Secretafy airman of the Plannai Commission C -206 Exhibit "F" FINDINGS: 1. The proposed rezoning is required to achieve the objectives of the General Plan and the Zoning Ordinance as prescribed in Section 1.1 of said ordinance. 2. The proposed rezoning will not have a significant impact on the environment, or adversely affect public health, safety or welfare. EXHIBIT E ORDINANCE NO. NS -3 -ZC- • AN ORDINANCE CONDITIONALLY AMENDING ORDINANCE NS -3 THE ZONING ORDINANCE, BY AMENDING THE ZONING MAP RE: APN 317 -27 -30 FROM R -M -4000 to R -M -3000 SUBJECT TO COMPLIANCE WITH CERTAIN CONDITIONS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Subject to Section 2 of this Ordinance, Sectional District Map No. C -206 attached hereto and incorporated herein by reference is hereby adopted, and the Zoning Map of the City of Saratoga adopted by Section 1.8 of Ordinance NS -3 of said City, together with any amendments thereto, is hereby changed and amended by substituting the crosshatched area on the foregoing sectional district map for that portion of the Zoning Map delineated in and by the within - adopted crosshatched portion of the sectional district map. So much of the Zoning Map of-the City of Saratoga, together with any amendments thereto, as in conflict with the within - adopted sectional district map is hereby superseded and repealed. SECTION 2: Pursuant to Section 18.11 of Ordinance NS -3, the reclassi- fication set forth in Section 1 of this Ordinance is conditioned upon the following requirements being fully satisfied within twenty -four (24) months from the effective date hereof: • . (a) Tentative and Final Building Site Approval pursuant to Ordinance NS -60, showing preservation of all existing residential units and location of proposed new structures. (b) Design Review Approval of existing and proposed structures. In the event the foregoing conditions are not satisfied within the time prescribed in this section, the zoning reclassification shall not become effective. SECTION 3: This Ordinance conditionally reclassifies certain pro- perty shown on the attached sectional map from R -M -4000 to R -M -3000. This ordinance shall become operative and take effect thirty (30) days from its date of passage. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this day of , 1984, by the following vote: • AYES: NOES: ABSENT: ABSTAIN: ATTEST: - s CITY CLERK MAYOR • • Planning Commission Page 4 ;.Meeting Minutes 4/11/84 A -945 and UP -S57 (cont.) being relocated to a single driveway. The parking and circulation were discussed, and Staff suggested that a condition be added to the Staff Report that the street light that was removed between the two existing driveways be reinstalled. Commissioner Hlava gave a Land Use Committee report, noting that there is a tree which will have to be removed because of the relocation of the driveway. She indicated that she feels the proposed parking and circulation are better. She noted that the bank desires to have a strong sodium vapor light over the ATM. She described this, indicating that she did not see any problem with it. The public hearing was opened at 8:40•p.m. Herb Cuevas, architect, described the walls on the site. Commissioner Schaefer commented that she feels the retaining wall in back needs some treatment and suggested some landscaping for Staff approval. Mr. Cuevas indicated that they could provide a surface treatment to the wall which will make it look more like stucco finish. He -stated that they could also plant some ivy when they do their landscaping design. Mr. Cuevas described the light fixture, and he noted that the voltage of the bulb can be lowered if it is too intense. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve UP -557 and A -945, per Exhibits "B -2 ", "C" and "D" and the Staff Report dated April 5, 1984, with the addition of the following conditions: (1) the street light shall be reinstalled, and (2) the retaining wall shall be texturized, and plantings added for Staff approval. Commissioner Hlava seconded the motion, which was carried unanimous- ly 6 -0. 6. C -206 - Morrison and Fox, Consideration of Rezoning a 2.2 acre parcel from R -M -4000 to R -M -3000 which could eventually allow the con- struction of 12 additional apartment units at 14234 Saratoga - Sunnyvale Road Chairman Schaefer reported that, in discussions with Staff, there is some question as to whether 12 apartment units, as suggested by the applicant, is possible, or whether it would be closer to S or 6 units. It was noted that the rezoning on the Neale property is R -M- 4,000. Staff described the applica- tion. Chairman Schaefer described the apartment complex. She expressed con- cern regarding the fact that if this were zoned separately, and for some reason the property changed hands or the development went ahead in several years, that it might be extremely intensified. She commented that it is possi- ble to impose conditions at the time of reclassification, to include the fact that the project must be done in a specified period of time and the kind of project that would be allowed, so that the City has some control over the kind of things that would go in this development. Commissioner Hlava gave a Land Use Committee report, describing the apartment complex and the adjacent Neale property. The public hearing was opened at 8:52 p.m. John Kahle, attorney representing Clarence Neale, addressed the impact on Mr, wry Neale's property. He expressed concern about the increase in traffic, possi- ble fire hazard since there is one fire hydrant for all of the units, and the drainage. Staff noted that there will be an additional hydrant in the area when the Neale project goes forward. They also commented that the change of zoning is being addressed now, and if approved there would be a need for tentative and final approval for any intensification on the site, at which time the concerns of Mr. Kahle would be reviewed and conditioned appropriately. Clarence Neale questioned the requirement for an additional fire hydrant when his property is developed. Staff clarified that Chief Kraule had reviewed the area and did suggest the hydrant on Mr. Neale's application. Mr. Neale described his property and the surrounding properties, addressing the drainage in the area. He requested a study session with the Commission on his develop- ment. There was a consensus that the Commission would like the proposed develop- ment on the Morrison and Fox property to come back to a study session. Dave Morrison, the applicant, described the application. He indicated that lie would like the rezoning considered now, and then the details can be worked out `-r - - 4 Planning Commission r Page 5 Meeting Minutes 4/11/84 g C -206 (cont.) during the preliminary and final site approval. Stephen Fox, the applicant, addressed the property. He commented that they do not know how many units they would-be proposing. It was pointed out to the applicant that the Commission is concerned about the need for variances, etc. It was the consensus that if the rezoning is granted, it will be understood that it is not granted for 12 units. Chairman Schaefer added that it appears that the Commission is in favor of the rezoning. However, they do not want to give variances on this development or have anyone think they are going to get the maximum possible yield to the detriment of any neighboring property. She stated that if something came up in the future and it looks reasonable, it might be considered, but it is not the Commission's intention to give variances. The City Attorney commented that the Commission does not have to make a judgment on the whole project at this time. He explained that the ordinance allows the Commission to conditionally rezone it, and the condition being that the use to which the property has been reclassified is established within a certain period of time. He stated that the Commission can determine that by making the condition theirapproval of the Site Development Plan, which will show what the buildings are, where they are, and if variances are required. He commented that if the Commission does not approve the development plan, they can then in effect nullify the reclassification for the zoning. He added that he feels, in view of the language in the ordinance, the Commission should specify a time by which a Building Site Approval has to be submitted and approved, and it can be extended if necessary. Commissioner Hlava moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. The City Attorney indicated that the resolution would have to be changed and the section of the code specifically referenced, to make sure that it is clear to the applicant what the condition is he has to satisfy, which is the con- ditional reclassification. There was a consensus to approve the rezoning and it was determined that this item should be put on the Consent Calendar for the next meeting on April 25, 1984. C -207 - City of Saratoga, Consideration of amendment of the text of the Zoning Ordinance to eliminate the minimum site area requirement of Section 4A.41 clarifying Section 4A.3(b) to allow second -story structures only when specifically approved by the Planning Com- mission, and other minor modifications per Ordinance NS -3, Article 18 (Planned Communitv District) It was directed that this matter be continued to April 25, 1984. 8. A -947 - Parnas Corporation, Request for Design Review Approval for a two - story single family residence on Saratoga Heights Drive, Lot N7, Tract 6665 in the NHR zoning district Commissioner Hlava gave a Land Use Committee report, describing the lot. She indicated that the house will be lower than the street and will not be visi- ble from anywhere. Commissioner McGoldrick added that the applicant had indicated that they would be willing to change the color. Staff described the proposal. The public hearing was opened at 9:50 p.m. No one appeared to address the Commission. It was moved and seconded to close the public hearing. Commissioner Hlava moved to approve A -947, per the Staff Report dated April 3, 1984 and Exhibits "B ", "C" and "D ", with the added condition that the house not be stark white, that it be off white or medium earthtone. Commissioner McGoldrick seconded the motion, which was carried unanimously 6 -0. 9. A -950 - Parnas Corporation, Request for Design Review Approval for a 2 -story single family residence on Saratoga Heights Court, Lot X14, 'Tract 6665 in the NHR zoning District The proposal was described by Staff. They stated that they were recommending denial, not being able to make the finding relative to perception of bulk. - 5 - CITY OF SARA•COGA PLANNING COi1D1ISSI0N MINUTES DATE: Wednesday, April 25, 1984 - 7:30 p.m. PLACE: City Council Chambers, 1.3777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ------------------------------------------------ ROUTINE ORGANIZATION Roll Call Present: Commissioners Harris, Hlava, McGoldrick, Schaefer and Siegfried Absent: Commissioners Crowther and Peterson Minutes The following changes were made to the minutes of April 11, 1984: On page 4, second paragraph, the second sentence should read: "Commissioner 1­11.ava indicated that she feels the proposed parking and circulation are better." On page 3, the fifth line in the fourth paragraph should read "its lots" instead of "their lots ", and "second units" should be added to the third sen- tence. On page 6, "Harris" should be added after the word "Commissioner" in the second sentence. Commissioner Schaefer moved to waive the reading of the minutes of April 11, 1984 and approve as amended. Commissioner Fllava of the motion, which was carried unanimously. Reorganization The new chairman, Chairman Siegfried, presented a gavel to past Chairman Schaefer for her years of service as Chairman of the Planning Commission. CONSENT CALENDAR The City Attorney stated that the Section 3 of the ordinance regarding C -206, Morrison t Fox, should read: "This ordinance conditionally reclassifies certain property shown on the attached sectional map from R -M -4000 to R -M -3000. This ordinance shall. become operative and take effect thirty (3) days from its date of passage." With that change, Commissioner Hlava moved to approve the items on the Consent Calendar listed }ielow. Commissioner Hlava seconded the motion, which was carried unanimously 5 -0. 1. LLA -84 -1 - Dorcich /Gibberson, Sobcy Road (Evans Lane), Request for Lot Line Adjustment 2. A -864 - George and Judith Claussen, Request for One -Year Extension for V_604 - Design Review Approval and Variance Approval 3 C -206 Morrison and Fox, Consideration of Rezoning a 2.2 acre parcel from R -M -4000 to R -M -3000 which could eventually allow the construction of 12 additional apartment units at 14234 Saratoga - Sunnyvale Road; continued from April 11, 1984 4. Mr. and Mrs. Donald A. Schlotterbeck, 19000 Sunnyside Drive, Construction of a 6' High Redwood Fence within 1.00' of Saratoga -Los Gatos Road PUBLIC HEARINGS 5a. A -942 - Charles Aring, Request for Design Review Approval to construct 5b. V -630 - a second story addition, Variance Approval for a 11'6" side yard.. Sc. SDR -1562 - setback and Building Site Approval for a greater than 50% expan- sion at 20080 Mendelsohn Lane in the R -1- 20,000 zoning district; continued from March 28, 1984 It was directed that this matter be continued to the May 9, 1984 meeting. 6. GPA- 83 -1 -A - Consideration of Draft Housing Element and Environmental Impact Report; continued from April 11. 1984 - 1. - CITY OF SARATOGA Initial: AGENDA BILL NO. (r) Dept. Hd: DATE: May 25, 1984 C. Atty. DEPARTMENT: Community Development C. Mgr. -------- - - ----- ------------------ - - - - ------------------- - - - - -- --- - - - - -- C -207 City of Saratoga, Amending the text of Article 4A PC Planne3 - SUBJECT: Community District) of the Zoning Ordinance Issue Summary 1. The Amendments.proposed in this ordinance revision are required to implement the Council's rezoning of the Teresi and Gasco Service Station properties to R -M -5000 PC. 2. Certain portions of the ordinance have also been updated and clari- fied. 3. The Planning Commission recommended approval of these Ordinance Amendments at its meeting of April 25, 1984. Recommendation 1. Staff recommended approval of these Ordinance Amendments to the Planning Commission. 2. Council should open the Public Hearing and take testimony. 3. The Negative Declaration should be adopted prior to the First Read- ing of the Ordinance. 4. The First Reading of the Ordinance Amendments should be made at this meeting. The Second Reading would occur at the meeting of June 20, 1984. Fiscal Impacts None Anticipated. Exhibits /Attachn-ents Exhibits A - Negative Declaration it B - Staff Report dated 4/5/84 " C - Current Text of PC Ordinance " D - Resolution No. C -207 -1 " E'- Ordinance Amending Text of PC District F - Planning Commission Minutes dated 4/25/84 Council Action 6/6: Negative Declaration approved 4 -0. Ordinance Read by title only, waiving further reading 4 -0. Ordinance introduced 4 -0. 6/20: Adopted Ordinance NS 3.58, 4 -0. EIA -4 Saratoga C' .'� File No: C-207 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 rr 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 15063 through 15065 and Section 15070 of the California Administrative Code,. and.Resolu- tion 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Amend the text of the P -C Planned Community District, of the Zoning Ordinance of the City of Saratoga by eliminating the minimum site area requirement of 5 acres, clarify regulations for two story multi - family dwellings, and other minor word changes to update and clarify the ordinance. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION The proposed amendments to the P -C Planned Community District will not have a significant affect on the environment due to their minor nature. The primary purpose of the amendments is to clarify the ordinance. Executed at Saratoga, California this 6-r4 day of 74 i,,_/L 19j314. ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER tA C I sri 15 REPORT TO 'PLANNING COMMISSION DATE: 4/5/84 Commission Meeting: 4/11/84 SUBJECT C -207, City of Saratoga, Amend the text of Article 4A the P -C (Planned Community) District ---------------------------------------------------------------------------- BACKGROUND In September of .1983-the City Council amended the Zoning Map to bring it into conformance with the General Plan. At the time the Teresi property and the GASCO service station were rezoned. R -M -5000 PC to give the City greater control and flexibility in regulating multi- family development on thb§e sites. However, the text of Article 4A P =C (Planned Community)``b'istrict needs to be amended to accommodate ,these.within.the P--7C district-.-The purpose of the proposed amendments is to modify the ordinance to implement previous decisions made by the. City Council. STAFF ANALYSIS The purposes of the P -C District include provisions for: a common green development, smaller residences for older or retired persons, and the combination of a number of uses to develop a living environment consistent with the General Plan. To accomplish this, the P -C ordinance allows some variation of normal zoning district regulations. The or- dinance generally provides greater City control and flexibility in regulating these projects. Section 4A.4 of the P -C ordinance requires that sites with a P -C designation must be a minimum of 5 acres in size. Both the teresi property and the GASCO service station site are under the 5 acre minimum. If the P -C designation of these properties is to be effective the five acre minimum size requirement must be deleted. This amendment would allow more sites to be designated P -C .-but the City would still ultimately determine which sites would be designated P -C so staff anticipates no adverse effects from this amendment. It should give the City greater flexibility in determining appropriate P -C areas. Report to the Planni� Commission C -207 4/5/84 Page 2 During the rezoning hearings the City Council expressed their concern about controlling the location of two -story structures on the Teresi and GASCO sites after hearing testimony from the residents in the area. To accomplish this it was determined that the language in Section 4A.3(b) needed to be clarified to control two -story multi - family structures. Currently Section 4A.3(b) reads as follows: Section 4A.3. Permitted Uses. (a) Single story one - family, two - family, or three - family dwellings or a combination thereof, together with all other permitted uses in an R -1 residential district, shall be permitted in an R -1 district which is combined with a PC district. Two story family dwellings may be included in the development when specifically approved by the Planning Commission. (b) Single story or two story one - family and multi- family dwellings or a combination thereof, subject to the limitation of (a) above, together with all other.permitted.uses . in an R -M district, shall be permitted in an R -M district combined with a PC district. Staff would propose the following wording for Section 4A.3(b): (b) Single , story, one - family, and multi - ,family ,:dwellings or a combination thereof together with all other permitted uses in an R- M.district, shall be permitted in an R -M district combined with a P -C district. Two story one- family or multi - family dwellings may be included in the development when specifically approved by the planning commission.. The r.emaining amendments to the ordinance are minor changes to make the rest of the ordinance consistent with the amendments mentioned above and update other portions of the ordinance. A copy of the whole P -C ordinance has been attached for Commission reference. FTND TNC�R 1. The proposed amendments to the text of the required to achieve the objectives of the ordinance as prescribed in'Section.l.l of 2. The proposed amendments to the Text of the not be deterimental to the public health, RECOMMENDATION zoning ordinance are General Plan and zoning the zoning ordinance. zoning ordinance will safety or welfare. Staff recommends that the Planning Commission make the necessary findings and adopt the attached resolution recommending that the City Council adopt the proposed amendments to the text of the P -C District. APPROVED MF /bjc P.0 Agenda 4/11/84 .Cl�d,✓, r �� z�2^ Michael Florles Assistant Planner x44IBcT C " Appx. B, S 4.6 -3 Zoning Regulations Appx. B, S 4A.1 �' -- The location and dimensions of all areas designated as common open space,_.and of all areas designated as usable open space: -- Lot lines and lot dimensions. - Architectural elevations in sufficient detail to show the character of the proposed buildings and their relationship with other facilities in the development. (b) The precise plan shall be reviewed by the director who shall prepare a written report with recommendations for submission to the commission with the applicant's precise plan. 2. Criteria for conditional use permit. (a) The planning commission may grant an application for a conditional use permit for planned residential development provided that the precise plan is in substantial compliance with the approved preliminary plan and the housing needs of the community as identified in the action program of the housing element, upon making those findings as set forth in article 16, section 16.6 of this ordinance. (b) A precise plan shall be deemed to be in substantial compliance with the action program of the housing element if the commission determines that it con- ..forms in all respects with the unmet housing needs and project criteria of the C ,,.action program of the housing element. (Ord. No. NS -3.37, S 3.) Section 4.6 -3. Same -- Diap roval_ If the Commission disapproves a conditional use permit based on failure of the precise plan to substantiallv conform with the housina element, the appli- cant shall have the choice of: 1. Revising the precise plan and resubmitting it to the Commission, or 2. Applying for an amendment to the housing element, or 3. Appealing the decision of the Commission to the City Council in accordance with Article 24 of this Ordinance. (Ord. No. NS -3.51, 52) Article 4A. PC Planned Community District Sec. 4A.1 Purposes. In certain instances the objectives of the zoning plan may be achieved by the development of a residential community primarily for a common green development or for older or retired persons desiring smaller residences or �. Apps. B, § 4A.2 Zoning Regulations A x B § 4 pP . A.3 r dcvelling units than economically feasible under existing zoning districts, and Which combines a number of uses in order to develop a living environment in conformity with the general plan. The planned community district is intended to accomplish this purpose and may include a combination of single or multiple dwelliiig uses together with ancillary uses of recreational centers, social halls, restaurants, medical centers and other related facilities. In order to provide locations for well planned community facilities which conform with the objec- tives of the zoning plan , although they may deviate in certain respects from existing district regulations, property may be rezoned to a new combined resi- dential district, provided the development complies with the regulations pre- scribed in this article. (Ord. No. NS -3.6, § 2. ) Sec 4A.:2. Combining. with other districts; designation A planned community district may be combined with any R -1 (single - family residential) district or any R -M (multiple - family residential) district upon the granting of a change of zone to a combined district in accord with the provisions of this article. A planned community district shall be desig- nated by the symbol "PC" following the district designation. '(Ord. No. NS- 3 G-, § 2. ) ,Sec . 4A . 3 . Permitted uses . (a) Single story one = family`, tivo- family, or three- family dwellings or a:.com.bination thereof, together with all other permitted uses in an R -1 residen- tial district, shall be permitted in an R -1 district which is combined with a PC district. Two -story family dwellings may be included in the development when specifically approved by the planning commission. -_ (b) Single -story or two story one - family and multi - family dwellings or :. a combination thereof, 'subject to the limitation of (a) above, together with all other permitted uses in'—a- n an R -111 district, shall be permitted in an R -M district combined with a PC district. (c) Such conditional uses, subject to the granting of a use permit, as are permitted by the R -1 or R -M residential district with which the PC district is combined. (d) Community centers, privcte recreational centers, social halls, lodges, clubs, restaurants, medical canters (and related facilities as estab- lished from time to time,by resolution of the city planning commission in accord With article 14.1 of this ordinance) , save and except that the use of all such facilities shall be restricted to the .residents of the planned community district and their tTucsts. (Ord. No. NS -3.6, § 2.)* t� 239 Supp • #13, 7 -78 Apps. B,. §.4A.4. .. _ - Saratoga City Code App -,. B, § 4A.5 Sec . 4A . 4 . Site area; sin -le ownership of all land com - prising; di stri ct. The minimum site area shall be five acres , and all of the said site area shall be in one ownership at the time of the change of zone from a residential district to a combined planned community district. (Ord. No. NS -3.6, § 2.) Sec . 4A . 5 . Standards . Standards of site area and dimensions, site coverage, density of dwelling units, yard spaces, types of structures, distances between structures, fences, walls and hedges, signs and off - street parking facilities shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district with which a planned community district is combined. The city planning commission may grant variances to the regulations pre- scribed herein with respect to fences and walls, site area, width, frontage, depth and coverage, front, side and rear yards, distances between structures and rights -of -way and 'improvements required by Ordinance NS -5 at the time of approval of the tentative map for the entire site and without compliance with the provisions of article 17 of 240 Supp . #13 7 -78 (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accord with the provisions of Ordinance NS -S; together with the proposed procedure to be followed to insure the care, maintenance and operation of all common use areas to be covered by agreement as per (a) (2) above. (c) The drawing called for under section 18. 3 shall be a general site develop- ment plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet and shall in addition include all of the following: (1) Proposed land uses, population densities, buildin- intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the'premises. (2) Proposed circulation f)attern, indicating both public and private streets. (3) Proposed parks, playgrounds, school sites and other open spaces. r (4) General delineation and location of each and every building and struc- ture, the proposed use of each building; and structure and a schedule of the progres- sion of construction of each buildin- acid structure. 240. 1 Supp. 6 -71 Appx. 13, § 4A. 6 Zoning Regulations A x. B pp , § 4A. 6 this ordinance relating to variances. The approval of a tentative subdivision map and of the site development plan shall automatically constitute a granting and permit- ting of such variances as are shown and delineated on the face of said tentative sub- division map or said site development plan. (Ord. No. NS -3. 6, § 2.) Sec. 4A. 6. Amendment procedure The regulations prescribed in sections 18. 3 through 18. 11 of this ordinance shall control the procedure for making application for a change of zone to a com- bined planned community district, subject to the following exceptions and provisions: (a) Each reclassification to a planned community district shall be a conditional reclassification in accord with section 18. 11 hereof and each such conditional re- classification shall in all cases include the following minimum conditions: (1) That the entire site shall be developed in accord with a final site develop- ment plan previously approved by the city planning commission and that building per- mits shall have been issued and construction commenced on all structures shown on -said site development plan or particular units thereof no later than one year from the date of approval of the reclassification ordinance. (2) The owner shall be required to enter into a written contract with the f City of Saratoga, secured by good and sufficient bond or bonds, agreeing to be re- sponsible for the care, maintenance and operation of all areas, buildings ! and fa- cilities not dedicated to public use, but intended for the common use of the residents of said property. (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accord with the provisions of Ordinance NS -S; together with the proposed procedure to be followed to insure the care, maintenance and operation of all common use areas to be covered by agreement as per (a) (2) above. (c) The drawing called for under section 18. 3 shall be a general site develop- ment plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet and shall in addition include all of the following: (1) Proposed land uses, population densities, buildin- intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the'premises. (2) Proposed circulation f)attern, indicating both public and private streets. (3) Proposed parks, playgrounds, school sites and other open spaces. r (4) General delineation and location of each and every building and struc- ture, the proposed use of each building; and structure and a schedule of the progres- sion of construction of each buildin- acid structure. 240. 1 Supp. 6 -71 Appx. B, § 4. 7 Saratoga City Code Appx. B, § 4. 8 (5) Relation to future land use in surrounding area and to the general plan. (d) The city planning commission may recommend a change of zone to a plan- ned community district as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the findings pre- scribed in section 18. 6 of this ordinance and makes the following additional findings: (1) That the proposed location of the planned community district is in accord with the objectives of the zoning ordinance and the general plan and the purposes of the district in which the site is located. (2) That the proposed planned community district will comply with each of the applicable provisions of this ordinance. (3) That standards of site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, fences, walls and hedges, signs, rights of way and improvements and off - street parking facilities will produce an environment of stable and desirable character consistent with the objectives.of the zoning ordinance and general plan. (4) That the combination of different uses in the development will compli- .ment each other and will harmonize with existing and proposed land uses in the vicinity. (Ord. No. NS -3. 6, § 2. ) } Sec. 4A. 7. .Design review. All uses and structures in a planned community district shall be subject to design review as prescribed in article 13. (Ord. _No. NS -3. 6, § 2.) Sec. 4A. 8. Dedication of common green. Where a planned community district is combined with an R1 -20, 000 or an R1 -40, 000 district, inlieu of the owner setting aside areas for the common benefit of the residents and remaining obligated for the care, maintenance and operation of the same, lie may instead dedicate such areas or portions thereof to the city for public parks or recreation uses, so long as no less than fifty per cent of the entire site area is either dedicated or set aside for private common use or any combination thereof. Each site development plan which shows any proposed dedi- cation for part; or recreation use shall be first submitted to the parks and recreation commission for a report and recommendation prior to action thereon by the city, planning commission. Nothing herein contained shall preclude the city from re- fusing to accept any offer of dedication not deemed to be in the best interests of the city. (Ord. No. NS -3. 24, § 4. ) 240.2 Supp. 6 -71 -) = +�Brr D RESOLUTION NO. C -207 -1 A RESOLUTION RECOMMENDING AMENDMENTS TO ARTICLE 4A, THE P -C PLANNED COMMUNITY DISTRICT . WHEREAS, an application for amendment to the Zoning Ordinance was initiated by Staff to implement previous zoning and General Plan decisions made by the City of Saratoga, and WHEREAS, the Planning Commission held a public hearing on said proposed amendment, which public hearing was held at the following time and place to wit: at the hour of 7:30 p.m. on the25th day of April , 1984, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California, and WHEREAS, after careful consideration the proposed amendment as it would affect the Zoning Regulations in the General Plan of the City of Saratoga, and after consideration of the staff report and the attached Negative Declaration, the Commission has made certain findings and is of the opinion that the proposed amendment attached hereto shall be formally recommended to the City Council. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the.City of Saratoga as follows: 1. That the proposed amendment attached hereto be and the same as hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of the City. 2. That the report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", `- be and the same as hereby approved, and BE IT FURTHER RESOLVED that the Secretary is directed to send a copy of this resolution of recommendation with attached proposed amendment and Report of Findings and summary of hearings held by this. Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th day of April 1984, by the following vote: AYES: Commissioners Harris, H.lava, McGoldrick, Schaefer and Siegfried NOES: None ABSENT: Commissioners Crowther Peterson ATTEST: % - etary 1v and Chairman, Pl!anln 7s n ►� C -207 �a EXHIBIT "B" 1. The proposed amendments are required to achieve and zoning ordinance as zoning ordinance. 2. The proposed amendments will not be detrimental welfare. to the text of the zoning ordinance the objectives of the General Plan prescribed in Section 1.1 of the to the text of the zoning ordinance to the public health, safety or 0 C] W ORDINANCE NS -3. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY MAKING VARIOUS CHANGES TO ARTICLE 4A, THE PC PLANNED COMMUNITY DISTRICT The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Subsection (b) of Section 4A.3 (Permitted Uses) is hereby amended to read as follows: (b) Single story one - family and multi - family dwellings or a combination thereof together with all other permitted uses in an R -M district, shall be permitted in an R -M district combined with a P -C district. Two story one - family or multi - family dwellings may be included in the development when specifically approved by the Planning Commission. SECTION 2: Section 4A.4 (Site area; single ownership of all land comprising district) is hereby amended to read as follows: Section 4A.4 Single ownership of all land comprising district. All of the site area shall be in one ownership at the time of change of zone from a residential district to a combined planned community district. SECTION 3: as follows: Section 4A.5 (Standards) is hereby amended to read Section 4A.5. Standards. Standards of site area and dimensions, site coverage, density of dwelling units, yard spaces, types of structures, distances between structures, fences, walls, and hedges, signs and off - street parking facilities shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district with which a planned community district is combined. The City planning commission may grant variances to the regulations prescribed herein with respect to fences and walls, width, frontage, depth and coverage, front, side and rear yards, distances between structures and rights -of -way and improvements required by Ordinance NS -60 at the time of approval of the tentative map for the entire site and without compliance with the provisions of article 17 of this ordinance relating to variances. The approval of a tentative subdivision map and of the site development plan shall automatically consititute • a granting and permitting of such variances as are shown and delineated on the face of said tentative subdivision map or said site development plan. Any P C area shall contain a common green unless otherwise _ specifically waived by the Planning Commission. SECTION 4: Subsection (b) of Section 4A.6 (Amendment Procedure) is hereby amended to read: (b) Each application for a reclassification shall be accompanied by a tenative map for either site approval or subdivision approval in accord with the provisions of Ordinance NS -60, together with the proposed procedure to be followed to insure the care, maintenance and operation of all common use areas to be covered by agreement as per (a)(2) above. SECTION 5: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be held invalid or unconsti- tutional. SECTION 6: This Ordinance shall take effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance, after a public hearing held thereon before the Planning Commission of the City of Saratoga on the, day of , 1984 and was thereafter regularly introduced and a public hearing held thereon on the day of , 1984 before the City Council and thereafter was passed and adopted by said City Council on the day of O 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: TY CLERK MAYOR • Planning Commission Meeting Minutcs 4/25/34 �y Page 6 ,� �x� iPAT r- �\ 9 /� C -207 - City of Saratoga, Consideration of amendment of the text of the Zoning Ordinance to eliminate the minimum site area require- ment of Section 4A.4, clarifying Section 4A.3(b) to allow second story structures only when specifically approved by the Planning Commission, and other minor modifications per Ordinance NS -3, Article 18 (Planned Community District); continued from April 11, 1.984 MY. The proposed text amendment was explained by Chairman Siegfried and Staff:. Commissioner McGoldrick questioned whether the amendment states that the developer must make provisions for a common orcen development, which she felt it should. Staff commented that the Commission can condition applications for a common green when they are revi.ewcd for Building Site Approval. Commissioner McGoldrick stated that she would have a problem approving the proposed amend- ment without this provision and suggested that it be added. The public hearing was opened at 9:25 p.m. No one appeared to address the Commission. Commissioner lilava moved to close the public hearing. Commis- sioner Harris seconded the motion, which was carried unanimously. It was determined that an addition would be made to Section 4.A.5 to read: "Any PC area shall contain a common green unless otherwise specifically waived by the Planning Commission." Commissioner Hl.ava moved to adopt Resolution No. C -207 -1 and forward it to the City Council, making the findings as shown in Exhibit B, with the addition to Section 4.A.5. Commissioner McGoldrick seconded the motion, which was carried unanimously 5 -0. 10. C -208 - City of Saratoga, Consideration of Amending the Text of the Zoning Ordinance to allow multi -story additions of 100 sq. ft. or less without a formal Design Review application ar public hearing. However., such additions would be subject to staff approval if the necessary findings under Section 13A.4 can be made. These text amendments shall be per Article 18 of Ordinance NS -3. Staff explained the text amendment. The public hearing was opened at 9:29 p.m. No one appeared to address the Commission. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to adopt Resolution No. C -208 -1 and forward it to the City Council, making the findings as shown in Exhibit B. Commissioner Schaefer seconded the motion, which was carried unanimously. lla. Negative Declaration - SDR -1563 John Zaches llb. A -9S2 - Mr. and Mrs. John Zaches, Request for Design Review Approval llc. SDR -1563 to construct a new, two -story single family residence and Building Site Approval for a greater than SO% expansion at 15400 Peach Hill Road in the R- 1- 40,000 zoning district Staff described the applications, noting that the water supply is a critical concern, and it has been conditioned to have 1000 gpm for a period of two hours Commissioner Fllava gave a Land Use Committee report, describing the lot and expressing concern regarding the closeness of the house to a huge old redwood tree. Discussion followed on the present and required water flow. Warren Heid, architect, gave a presentation on the project. He noted that there was a parcel map submitted in February of 1966 with a 40 ft. right -of- way for Peach Hill, and the Staff Report does request a dedication. He asked for clarification of Condition II -I; and expressed concern about how the road improvements are handled in that area, to ensure that the quality of Saratoga is maintained. He asked for clarification on Condition J and discussed the Sanitation District fees. It was clarified that a new hydrant is not required by the Fire District. The early warning system and requirement for the water flow were also discussed. Mr. Heid stated that lie would like to take this matter to a study session if the issues cannot be worked out tonight. Commissioner Schaefer moved to close the public hearing. Commissioner Illava seconded the motion, which was carried unanimously. Staff discussed examples of other applications concerning the water requirement. There was a consenus to take this matter to a study session to further dis- cuss this requirement. it was directed that it be continued to a study session - 6 - C AGENDA BILL NO. ITY OF SARATOGA �p DATE: June 6, 1984 DEPARTMENT: Community Development SUBJECT: Landscaping and Lighting District LLA -1 Issue Sunnary Initial: Dept. Hd. C. Atty. C. Mgr. (Existing) At the May 2, 1984 meeting, City Council adopted Resolut.io_n NQ. 2138B,. a Resolution of preliminary approval of Engineer's Report and Resolution No. 2138C, a Resolution of Intention to order the Levy and collection of assessments pursuant to the Landscaping and Lighting Act 1972. Reso- lution No. 2138C also set the time and date for the Public Hearing at June 1984, at 7:00 P.M.. Recommendation Utilize the agenda provided by Wilson, Morton, ASSAF and McElligott, for Public Hearing. Upon closing the Protest Hearing, order improvements and confirm the diagram and assessments. Fiscal Impacts The cost for the administration, maintenance and servicing and lighting cost are charged to the various zones within the District, based on benefit received. The Santa Clara County Assessor's office will collect the amount through the taxes and, in turn, send to the City. Exhibits /Attachmnts 1. Resolution No. 2138D 2. Engineer's Report (available in City Clerk's Office) 3. Agenda for Public Hearing 4. Mayor's statement and declaration that the Public Hearing is open. S. Statement of the Clerk of the City verifying Affidavit of Publication Council Action and Certification of -posting Resolution of Intention are on file. 6/6: Adopted Resolution 2138 -D 5 -0. ---- 263/17A WMAM:JEB:om 05/23/84 12c RESOLUTION NO. A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1984 - 1.985 CITY OF SARA'T'OGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, Calif.or.ni.a, as follows: WHEREAS, on the 18th day of April, 1.984, said Council adopted its Resolution No. 21.38, Describing Improvements and. Directing Preparation of Engineer's Report for Fiscal Year 1984 - 1985 for the City of Saratoga Landscaping and Lighting District LLA -1 Pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for tinder said Act and by said Resolution No. 2.138; WHEREAS, said report was duly made and filed with the Clerk of said City, wl-tereupon said Clerk presented it to the City Council. for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for .by the provisions of said Act and said Resolution No. 2138-, including (1) plans and specifications of the existing i.mpr.ovements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all. subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 6th day of June, 1984, at the hour of 7:00 o'clock p.m. of said day in the regular meeting place of said Council, City Hall, 13777 Fruitval_e Avenue, Saratoga, California 95070, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1984 - 1.985, and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and r WHEREAS, persons interested, objecting to said improvements, i.ncl.udinq the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the l.evy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof., for Fiscal Year 1.984 - 1985 be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require and said Council. does hereby order the levy and collection of assessments pursuant to said .Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, tllereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. .3. That the City of Saratoga Landscaping and Lighting District LLA -1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in.said report, be, and they are hereby, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof_, and of the incidental. expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made.as described in and in accordance wi.th.sai.d Engineer's Report, reference to which is hereby made for a more particular description of said improvements. -2- 7. That the di.agr.am showing the exterior boundaries of the assessment district referred to and described in said Resolution No. ?138, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel. of land within said District as such lot or parcel. of land is shown on the County Assessor's maps for the fiscal year to which it appl.ies, each of which lot or parcel of land has been given a separate number upon sai.d cai.agram, as contained in said report, be, and it is 'hereby, finally approved and confirmed. 8. That the assessment of the total. amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in.proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof_ and of the expenses incidental thereto contained in said report be, and the same is hereby, finally approved and confirmed. 9. That said Engineer's Report for Fiscal. Year 1984 - 1985 be, and the same i.s 'hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof., as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof. 1.1. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, "`modified, revised or corrected by, or pursuant to and in accordance with any resolution or orde.r., i-f any, heretofore duly adopted or made by this Council. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of 19 by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council. Members: ABSENT, Council Members: APPROVED: yor City Clerk o the City of Saratoga 1 2.65/7A AGENDA CITY OF SARATOGA PUBLIC HEARING JUNE 6,'1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1984 -1985 A. PUBLIC HEARING 1. Mayor's statement and declaration that the Public Hearing is open. 2. Statement of the Clerk of the City verifying Affidavit of Publication and Certificate of Posting the'Resolution of Intention are on file. 3. Statement of Director of Public Works as to the nature of the Project. 4. Reading of written protests. 5. Hearing of oral testimony and comments. 6. Closing of Public Hearing. B. POSSIBLE COUNCIL ACTION 1. A Resolution Overruling Protests and Ordering the Improve- ments and Confirming the Diagram and Assessment. 265/7A OPENING STATEMENT BY THE MAYOR OF THE CITY OF SARATOGA JUNE 6, 1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 This is the time and place set for hearing on the levy and collection of the proposed assessment for Fiscal Year 1984 -1985 for the City of Saratoga Landscaping and Lighting District. Notices have been published and posted pursuant to law and the certificates and affidavits of publishing and posting are on file in the office of the City Clerk. These proceedings were undertaken pursuant to the Landscaping and Lighting Act of 1972. This hearing is a hearing on the Engineer's Report prepared pursuant to the provisions of the 1972 Act. The Engineer's Report prepared by the City Engineer consists of the proposed improvements, the boundaries of the Assessment District and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the District. Any one of these items may be the subject of protests or endorsements. You are asked to clearly identify yourself and the property owned by you so.that your statements may be correctly recorded. The hearing is'.declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing. 65/7A CLERK'S STATEMENT JUNE 6, 1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Notices have been published and posted as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and posting are on file in my office. A copy of the Engineer's Report prepared by the City Engineer.was filed in my office on May 2, 1984, and has been open to public inspection since that time. CITY OF SARATOGA AGENDA BILL NO. c7 DATE: June 6, 1984 DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty, C. Mgr. Ste. Landscaping and Lighting District LLA -1 :,(Annexation)^ • Issue Sunr ary At the May 2, 1984 meeting, City Council adopted Resolution NQ. 2137B,'. a Resolution of preliminary approval of Engineer_!s Report and Resolution No. 2137C, a Resolution of Intention to order the Levy and collection of assessments pursuant to the Landscaping and Lighting Act 1972. Reso- lution No. 2137C also set the time and date for the Public Hearing at June 1984, at 7:00 P.M.. Recommendation Utilize the agenda provided by !Nilson, Morton, ASSAF and McElligott, for Public Hearing. Upon closing the Protest Hearing, order improvements and confirm the diagram and assessments. Fiscal Impacts The cost for the administration, maintenance and servicing and lighting cost are charged to the various zones within the District, based on benefit received. The Santa Clara County Assessor's office will collect the amount through th:e taxes and, in turn, send to the City. Exhibits /Attachments 1. Resolution No. 2137D 2. Engineer's Report (available in City Clerk's Office) 3. Agenda for Public Hearing 4. Mayor's statement and declaration that the Public Hearing is open. 5. Statement of the Clerk of the City verifying Affidavit of Publication Council Action and Certification of posting Resolution of Intention are on file. 6/6: Adopted Resoution 2137 -D 5 -0. 264/17A WMAM:JEA:om 05/23/84 12c RESOLUTION NO. A RESOLUTION OVERRULING PROTESTS AND ORDERING THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMENT DISTRICT, ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1984 -1 FISCAL YEAR 1984 -1985 RESOLVED, by the City Council. of the City of Saratoga, California, as follows: WHEREAS, on the 18th day of April_, 1984, said Council_ adopted its Resolution No. 2137, Determining to Undertake Proceedings for the Annexation of Territory to an Existing Assessment District Known as ",C'ity of Saratoga Landscapi.nq and Lighting District LLA -1" Pursuant to the Landscaping and Lighting Act of 1.972, and directed the City Engineer. (herein the "Engineer") to prepare and file with the Clerk of this City a written report cal.l.ed f_or under said Act and by said Resolution No. 2..137, WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to this Council. for its consideration; WHEREAS, said Council thereupon duly considered said report and. each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 2137, including (1.) plans and specifications of the existing improvements and the proposed improvements; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area proposed to be annexed to the e.xi.sti.nq assessment district, which is al.so the area proposed to be assessed; and (4) an assessment according to benefits; all of which were clone in the form and manner required by said Act; WHEREAS, said Council. found that said report and each and every part thereof was suffi-cient In every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 6th day of June, 1984, at the hour of 7 :00 o'clock p.m. of said day in the regular meeting place of said Council, City Hal.l., 13777 Fruitvale Avenue, Saratoga, California 95070, as the time and place for bearing protests in relation to the annexation of territory to an existing assessment district and the levy and collection of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972, and to said proposed improvements for said improvements, including the maintenance or ser.vi.ci.nq, or both, thereof, and directing said City Cl.erk to give notice of said hearing as required by said. Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and mailed in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to the annexation of territory to an existing assessment district, or of said improvements, including the maintenance or servicing, or both, thereof., or to the extent of the proposed assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and al.l persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the annexation of territory to said existing assessment district and said improvements, including the maintenance or servicing, or both, thereof., were fully heard and considered by said Council; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against the annexation of territory to said existing assessment district or of said improvements, including the maintenance or servicing, or both, thereof., or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, were not signed by the owners of a majority or more of the area of assessable lands within said territory proposed to be annexed and assessed herein, and that said protests be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require the annexation of territory to an existing assessment district and the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto, which annexation is hereby ordered. 3. That the annexed territo.r.v and the boundaries thereof benefited and to be assessed for said costs for the construction or Installation of the improvements, including the mai.ntenance or servicing, or both, thereof, are situate in the City of Saratoga, California, and are more particularly described by reference to a map thereof on file In the office of the Clerk of said City. Said map indicates by a boundary line the extent of the annexed territory included in said assessment district, and of any zone thereof_ and the general location thereof. 4. That said annexed territory be, and it is hereby, designated as "City of Saratoga Landscaping and Lighting District LLA -1. Annexation 1984 -1." by which name it may hereafter be referred to. -2- f 5. That the plans and specifications for the existing improvements and for the proposed improvements to be made within said assessment district or within any zone thereof_ contained in said report, be, and they are hereby, finally adopted and approved. h. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, he, and it is hereby, finally adopted and approved. 7. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 8. That the diagram showing the exterior boundaries of the annexed territory referred to and described in said Resolution No. 2137, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said annexed territory as such lot or parcel. of land is shown on the County Assessor's maps for the fiscal, year to which it applies, each of which lot or parcel_ of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed. 9. That the assessment of the total amount of the costs and expenses of the proposed improvements upon the several Lots or parcels of .land in said annexed territory in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed. 10. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 1.1. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council_, with the certificate of such confirmation thereto attached and of the date thereof.. 1.2. That the order ordering the annexation of territory to an existing assessment district and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram, the assessment, as contained in said Report, as he.r.einabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order., if any, heretofore duly adopted or made by this Council.. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of 19 by the following vote of the members thereof: AYES, and in favor thereof, Council.Members: NOES, Council. Members: ABSENT, Council. Members: APPROVED: ayor City Clerk of the City of Saratoga 266/7A AGENDA CITY OF SARATOGA PUBLIC'HEARING'JUNE 6,'1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1984 -1 A. PUBLIC HEARING 1. Mayor's statement and declaration that the Public Hearing is open. 2. Statement of the Clerk of the City verifying Affidavit of Publication and Certificate of Maiing the Resolution of Intention are on file. 3. Statement of Director of Public Works as to the nature of the Project. 4. Reading of written protests. 5. Hearing of oral testimony and comments. 6. Closing of Public Hearing. B. POSSIBLE COUNCIL ACTION 1. A Resolution Overruling Protests and Ordering the Annexation of Territory to an Existing Assessment District, Ordering Improvements and Confirming the Diagram and Assessment. 266/7A OPENING STATEMENT BY THE MAYOR OF THE CITY OF SARATOGA JUNE 6, 1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1984 -1 This is the time and place set for hearing on the annexation of territory to the City of Saratoga Landscaping and Lighting District and the levy and collection of the proposed assessment. Notices have been published and mailed pursuant to law and the certificates and affidavits of publishing and mailing are on file in the office of the City Clerk. These proceedings were undertaken pursuant to the Landscapi.ng and Lighting Act of 1972. This hearing is a hearing on the Engineer's Report prepared pursuant to the provisions of the 1972 Act. The Engineer's Report prepared by the City Engineer consists of the proposed improvements, the boundaries of the territory to be annexed and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the area proposed to be annexed to the District. Any one of these items may be the subject of protests or endorsements. All written protests to be computed in the protest percentage in relation to the annexation of territory to the District including the Engineer's Report should be filed with the City Clerk at or before the conclusion of this hearing. Protests or endorsements may be made by any person interested, but only written protests filed by property owners of assessable lands in the territory proposed to be annexed,may be considered in determining the percentage of protests. You are asked to clearly identify yourself and the property owned by you so that your statements may be correctly recorded. The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing. 266/7A CLERK'S STATEMENT JUNE 6, 1984 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1984 -1 Notices have been published and mailed as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and mailing are on file in my office. A copy of the Engineer's Report prepared by the City Engineer was filed in my office on May 2, 1984, and has been open to public inspection since that time. CITY OF SARATOGA Initial: AGENDA BILL NO. ( 4 Dept. Hd. DATE: May 29, 1984 C. Atty. DEPARTMENT: Community Development C. mgr. ---------------------------------------------------------------------- Tracts #6526 and #6528, Blackwell Homes,IAc. *, Parker Ranch SUBJECT: Amendment to CC$R'S to allow Pools on 5 Additional Lots Issue Summary The original tentative map for Parker Ranch restricted pools to certain lots. Applicant requested modification to the Site Development Plan for Parker Ranch to allow pools on 6 additional lots. The Planning Commission approved pools on 5 lots and recommended that the City Council amend the CC &R's accordingly given: 1. Verification of Tracts 6526 and 2. Conformity with 3. Approval by the plan modificati Recommendation percentage of ownership of lots within 6528. requirements of City Geolist, and Planning Commissionof site development ins of the time of Design Review. L Determine the merits of the proposal and approve or deny 2. Planning Commission & Staff recommend approval per the Staff Report dated 9/22/83. Fiscal Impacts N/A Exhibits /Attachments 1. Staff Report dated 9/22/83 2. Minutes of 9/28/83 Planning Commission 3. Modification of Restrictions with 2 additional property owners signatures 4 Correspondence received on project Council Action 6/6: Approved amendment 5 -0. F ' P C REPORT TO PLANNING COMMISSION 11� 30­�G DATE: 9/22/83 Commission Meeting: 9 /28/83 SUBJECT: Tracts #6526 and #6528, Blackwell Homes, Inc., Parker Ranch Modification to the Site Development Plan to Allow Pools on 6 Additional Lots, ---------------------------------------------------------------------- - - - - -- -'-=-RE UEST= Applicant requests a modification to the Site Development Plan for Tracts 6526 and 6528 to allow pools on 6 lots and a recommendation to the City Council to amend the CC & R's to allow these pools. OTHER APPROVALS REQURIED: City Council approval of CC & R revision for pools, Design Review Approval of structures on the lots, building permits. PLANNING DATA: PARCEL SIZE: (1) 8 - 1.725 Ac. GENERAL PLAN DESIGNATION - Residential Hillside (2) 21 - 1.051 Ac. Conservation - Single Family (3) F - 3.360 Ac. (4) 75 - 2.306 Ac. (5) L - 2.0 Ac. (6) K - 3.469 Ac. ZONING: NHR (but follows HCRD setbacks per Negotiated Settlement) SITE DATA: 8 - Natural grasses, SURROUNDING LAND USES: Single Family Residential SLOPE AT PROPOSED POOL /BUILDING SITE: (1) 8 - 20% (3) (2) 21 - 10 -15% knoll area (3) F - 10 -25% (4) 75 - 20% - Graded (5) L - 28% NATURAL FEATURES & VEGETATION: (6) K - 10% (1) 8 - Natural grasses, hillside (2) 21 - Natural grasses, hillside (3) F - Natural grasses, knoll area (4) 75 - Many significant trees (5) L - Graded hillside (6) K - Natural grasses, vegetation at ridge Report to Planning Commissic 9/22/83 Tr. 6526 & 6528, Blackwell Homes, Parker Ranch Pools Page 2 PROJECT CONSIDERATIONS: HISTORY: At the time of tentative map approval of the Parker Ranch, a condition was added to not allow pools (through the CC & R's and Site Development Plan) on certain lots. The extention of this condition was to not allow grading for pools on areas which exceeded 20% in slope. Since this approval, nearby subdivisions have been conditioned so that pools are allowed by site modification rather than restricted by lot. Parker Ranch has been improved, a number of the lots have been combined and the pro- spective buyers are finding what they consider to be reasonable places for pools to exist on some of the restricted lots. In January, in accordance with the request of the Planning Commission, the applicant's engineer submitted a coordinated application to modify the site plan for 6 lots to allow pools. Lot 11 has recently received approval for a pool through a similar process. GEOLOGY: The City Geologist has reviewed the proposals and his comments are attached. ADDITIONAL CONCERNS OR COMMENTS: Staff made an on -site gineer and reviewed the proposals. All of the lots, ex place for location of a pool (less than 25 %) given that (with-a stepped foundation( -on .the, more sloping portion .both proposed within the .1 eve area of the :1 o,t Lot.'..75 would need to be removed,for.any pool..construction. visit with the applicant's en- :ept Lot 75, had a reasonable the house was constructed of.the lot or that they are contained numerous trees which RECOMMENDED. ACTION: Recommend, revision of. the::. CC, .& R's... for. ;p,l acemen,t. of, pools on. Lots ,8; 21-5 ,F L "'and .K; subject to the ,fol l owing. condi ti ons : 1. Approval of Site Development Plan Modification for a pool and residence by the Planning Commission at the time of Design Review of main residence. 2. Prior to revision of the CC & R's, applicant to supply verification of percentage of ownership of lots within Tracts 6526 and 6528. 3. Comply with requirements of City Geologist's letter dated September 21, 1983. 4. Deny modification to the Site Development Plan and recommendation for revision to the CC & R's for Lot 75. Approved: Kathy Kerdus Planner KK /dsc P.C. Agenda: 9/28/83 C c JEN:NINGS - McDERMOTT - HEISS, INC. SUITE 200 256 -4555 925 REGENT STREET —SAN 1OSE, CA. 95110 Civil Engineering Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Kathy: Land Planning January 18, 1983 Land Surveying Attn: Kathy Kerdus Re: The Parker Ranch 0ur #2353 The C.C.& R.'s for the Parker Ranch stipulate that certain lots are not allowed pools. Last year we requested an amendment in the C.C.& R.'s for the first unit to allow a pool on Lot 19 of Tract No.6526. Since that time, certai'n''map'modifications and "construction "Have taken place within the second •,unH—'36f theilproj-ectiethat `is ,Tract'!No 6528,L-which ha5§V,affectedl some, of those! lots which were'prohibited from having pools. It therefore seems appropriate to review and refine the pool requirement situation for the second unit and -mod ifi cat ions -in -the C.C:& R:!s -. ,.This, of course; requires approvalr'by the-City and it is to that end this "letter is directed. Several of the numbered lots within the project have been merged through a reversion to acerage process and now have letter designations. Some of these numbered lots were prohibited from having pools. Specifically, these pre lots no. 6_,,.' 7, 16, 17, 18, 19, 35, 36, 59, 60, 70, 71, 73 and 74. With the enlargement of these lots, there are some cases where an expanded buildable area is possible where pools would be logical. As you may remember, the pri- mary criteria was that no pools would be allowed on slopes exceeding 301. Since the numbered lots no longer exist, it would seem appropriate to delete them from the list and introduce the new parcel designations. We are requesting however, that the certain new parcels created not be added back to the list. Specifically, the combination of Lots..6 and 7 to Parcel H, Lots 18 and 19 to Parcel F, Lots 35 and 36 to Parcel S and the combination of Lots 73 and 74 to Parcel R. To summerize, it is our request that Lots 6,7,16,17,18,19,35,36,59,60,70, 71,73, and 74 be deleted from the list since they have been reverted to acerage. The new letter Parcels to be added back to the list would then be Parcels E, J, and Q. In an effort to keep the revisions to the C.C.& R.'s to a minimum, we have also gone through the entire project in order to evaluate whether our original conclusions were still appropriate. We find that it would be logical to make certain additions and deletions to the list. C Page 2 After completing the first phase of Unit 2, we feel that Lots 8, 11, 21, and 75 should be allowed pools. There is significant area within each of these lots that is less than 30% slope that would allow for a home with a pool. We also note that Lot 43 which was not on the list should be added since it does not appear to have adequate area. We have enclosed plat maps areas that would be available Plan illustrates that lots 8, still fall within the criteria are asking that Lots 8, 11, 21 be added to the list. for Parcel F, H, R and S illustrating the for pools. Examination of the 50 scale Grading 11, 21 and 75 have adequate pool areas that of the City. To summerize this grouping, we and 75 be deleted from the list and that Lot 43 To aid in this rather complicated dessertation, I am enclosing a copy of the Second Unit Cover Sheet wherein I have outlined in yellow the combined lots of the project. I have circled the original lot numbers where pools were not permitted and have added a blue circle to the parcels where we feel pools'should be allowed. T have 6s-e'8,-a­: red square where we are adding Parcels or' lo`t's to'tFie°re'strictive 1 ist '"`Th'at`'s'u- d's'mo`re`con'fus'ing than my `orlg'inal discussion, but I think with the drawing in front ofIyou, it should make sense. ""'=Please adw'ise us'of�'any''eequired`'fees in order that `this amendment to the C'.C:- -R.'s' can be submitted to the Planning Commission for approval. Thank you very much for your obvious patience in working your.way through this letter. We would be happy to meet with you in oerson to go over the specifics when it is convenient. c.c. Blackwell Homes WEH /nr Very truly yours, WILLIAM E. HEISS JENNINGS - McDERMOTT - HEISS, INC. Iry r... MR. ffil" av Lev Q—uvciq Re \\ ��b \ � � fir, _ � ��\ 1,. �� .\ -ato ka WR izo Lath. E rog Zve CRES Pq "ta"- iz, v- Plao_cin . . 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II r % i I 7 •...� I JE.� --1 fG0 E i /',� i�i• j j / , %/ ,. •'. 2.0 'ACRES L— �'.- I Ull H ` .. •rte ��, ��, -•` ..,\ ^ \C- 1' t /i.} �� �. i `'',; .: \ t f ., 6jj,1 A\K / ,f r -yam` -a \ `•��'•`�,� .. �;:.F,...�'�:•v:�?�"...�. :T!T \~.:�� � �.. ..lug' J fir. �: ... 1'y.��� ...� i� �/� / ��J �», \,� . . . . . . . . .... -LYPICA rTm ton..": rR, Va M- 06-s/ /A OE TCm1+•c NT FROM qwlf T cefy-1 65ed X \A, 49 —77 ox- VV\ I.L I TRACT OPEN S PACE 8.p5-E- jt! Y OF .A ------- - --- i:PLI �eFvIt, . . . . . . . . .... -LYPICA rTm ton..": rR, Va M- 06-s/ /A OE TCm1+•c NT FROM qwlf T cefy-1 65ed X \A, 49 —77 ox- VV\ I.L I TRACT OPEN S PACE 8.p5-E- jt! Y OF .A •\ r�Itl•, &I a nning Commission Page 9 eting Minutes 9/28/83((r r UP -543 (cont.) Chairman Schaefer questioned having an automatic teller on site, and Commis- sioner Siegfried agreed. Mr. Dunn stated that a teller would increase foot traffic. It was noted that there will be design review on this matter. Commissioner Crowther stated that he voted for the use permit because of Condition No. 3, requiring participation in the creation of the Parking Assessment District. It was clarified that approval of the use permit is subject to that condition. MISCELLANEOUS 12. Tracts 6526 and 6528, Blackwell Homes, Inc., Parker Ranch, Modification to Site Development Plan to allow pools on six (6) additional lots Commissioner Crowther abstained from the discussion and voting on this matter because of pending litigation. Staff described the proposal. Commissioner Hlava gave a Land Use Committee report, agreeing that the rest of the lots except No. 75 have substantial sites for pools. Russell Crowther, Norada Court, stated that the Site Development Plan for this project was tied to the tentative map. He commented that there was a public hearing, the EIR was based on the site development plan that was approved, and therewas a lot of concern about scenic impacts from things like tennis courts and swimming pools, since it is a hillside site. Fie _ indicated that he strongly believes that this should not come up under Mis- cellaneous as it has, but should be put up for a rehearing if there is.going ,.,. to be any modification to-the-Site Development - *Plan: Commissioner Hlava commented that they had lo0ked''at inhere the pos'sib-le -swimm- ing pool sites were so there would not be any visual impact, and for the most part there were no visibility problems on any of the lots. The City Attorney stated that this -mss._ -just .a co.nsent.-.for_amendmen.t. - -to -the - CC&Rs at-this time. 'Staff noted that any site development plan would o through design review, which would be a pubic bearing. Mfr. Crowther ques- tioned whether the tentative map would be modified by changing the site development plan. The City Attorney indicated that there would be a public hearing in connection with a development proposal. Ile added that the fact that the restriction is being removed doesn't necessarily mean that the City is bound 'at that point to 'approve the proposal when it comes in. He noted that the-engineer has indicated that Lot No. 43 should be added.to the list of restrictions. Bill Heiss, engineer, stated that lie understands that the pools are not being approved and must go through the design review process. He discussed the original delineation of pools and the criteria used. He noted that the City Geologist has looked at the lots on which approval is being requested but has stated that he wants to review the specific site plans. The City Attorney stated that the amendment to the CC &Rs would not only be for the removal of the restriction, but also the imposition of a restriction with respect to Lot 43. He added the condition "Applicant will prepare the Proposed amendment to the CC&Rs and furnish a draft of the same to the City Attorney for approval as to form at least ten days prior to the City Council meeting at which the consent to the amendment is being requested. Mr. Crowther commented that he feels modifying the CC&Rs before the Site Development Plan and the tentative map is putting the cart before the horse, since the site development requires that by CC&Rs what is in the site develop- ment plan be regulated. lie added that he feels that the danger in doing that is a purchaser of a home site sees the-CC&Rs, saying he can build a pool, and the site development plan says he can't. Mr. Heiss stated that the applicant indicates to all buyers that whatever is proposed has to go through design review. It was determined that the words "may be approved" be added to the Staff Report. Commissioner Illava moved to recommend modification of the CC$Rs for potential Placement of pools, per the Staff Report dated September 22, 1983, adding the restriction on Lot 43 and the condition as stated by the City Attorney relative to the proposed amendment. Commissioner McGoldrick seconded the •moti.on, which was carried 5 -0, with Commissioner Crowther abstaining. - 9 - ®I W VALLEY TITLE COMPANY VTC11 172651 P6 WHEN RECORDED MAIL TO: VALLEY TITLE COMPANY 300 S. First Street San Jose, CA 95113 AY P ':AITY uLJELOPP MODIFICATION OF RESTRICTIONS r i WHEREAS, there was filed for record a Declaration of Restriction, dated August 21, 1979, executed by Blackwell Homes, a partnership and-Valley Title Company, d corporation, and recorded September 20, 1979 in Book E805 of'Official Records, page 326, affecting all of Tract No. 6526, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 23, 1979 in Book 448 of Maps, at pages 25, 26 and 27, Santa Clara County Records; and affecting all of Tract 6528 which Map was filed for record in the office of the i Recorder in Book 499 of Maps at pages 35 -41 Santa Clara County Records. WHEREAS, the undersigned is the record owner of 75% of the lots in said Tract Nos. 6526 and 6528; WHEREAS, the undersigned is the record owner of 75% of the lots in said Tract 6526 and-6528 does hereby amend and modify said Declaration of Restrictions by changing the following paragraph: Section 3. Pools: No pools (except spas) may be cons- tructed or permitted to exist in: (a) Tract 6528 on lots 12, 14,.15, 20, 32, 33, '34, 37, 39, 40, 42, 43, 50, 51, 52, 53, 54, 62, 63, 64, 65, 66, 67, 68, 72, and 75 (b) Parcel J as shown..on the Parcel Map filed for record on July 1, 1982 in Book 504 of Maps, Page 5, Santa Clara County Records (c) Parcels M and N as shown on the Parcel Map filed for record on May 25, 1983 in Book 513 of Maps, Page 17 in Santa Clara County Records (d) Parcel E as shown on the Parcel Map filed for record on September 1, 1982 in Book 504 of Maps, page 8 in Santa Clara County Records. Pools on the remaining lots are to be placed on slopes of 30% or less and will be subject to City Staff design review to insure correct placement in relation to trees and slope. Decisions of said City Staff may be appealed to the Planning Commission through the Design Review process. The approvals for pools on Lots 8, 21, Parcels F, L and K are to be reviewed and approved by the Planning Commission at the time of the Design Review of the main residence. All other terms and conditions of the Declaration of Restrictions hereinabove referred to shall remain in full force and effect. Dated: April 16, 1984 M. C. JOHNSON, .T1 BY VALLEY TITLE COMPANY, A CORPORATION BY: Pete Borello Executive Vice President . %"'� `bd� SOIL AND FOUNDATION ENGINEERS • GEOLOGISTS 1737 No. First Street • Suite 425 v San Jose • California • 95112 • (408) 287 o2023 File No. A3- 0310 -J9 and J16 September 19, 1983 Jennings, McDermott, Heiss, Inc. 925 Regent Street, Suite 200 San Jose;, CA 95110 Attention: William Heiss Subject: Parker Ranch, Tract 6528 Saratoga, California SWIMMING POOL..CONSTRUCTION Dear Bill: RECEIVED SEP 2 ,1983 COMMUNITY DEVELOPMENT As requested by your letter of August 17, 1983, we have reviewed the parcel map and accompanying building enevlope sketches, for Lots. 8.,:.11,..2.1, 75, and combined Parcels F, K, and L. We have also reviewed our Geotechnical report for the Parker Ranch and Grading Plans prepared by your firm for development of the property. As a result of this review, it is our opinion that those portions of the subject lots that you have currently designated can, with careful consideration of geo- technical conditions during the design phase of work,receive swimming pools. As is true with all of the lots within the Parker Ranch Subdivision, it is a require- ment of the original geotechnical report that each proposed swimming pool site be reviewed,and perhaps further investigated, by the geotechnical engineer prior to its final approval. If there are any further questions, please call us for assistance. Sincerely, APPLIED SOIL MECHANICS, INC. Written By: A" Ben A. Patterson Engineering Geologist 594 ah Copies: 3 to Addressee 1 to Blackwell Homes Reviewed By: ,941 Carl W. Greenlee Soil Engineer, C. E. 19698 1 to City of Saratoga, Attn: Kathy Kerdus 1 to Cotton & Associates William Cotton and Associates GEOTECHNICAL CONSULTANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 September 23, 1983 TO: Kathy Kerdus, Senior Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 �r', �h lj SUBJECT: Parker Ranch Pools, Lots 8, 11, 21, and 75 and Parcels F, H, R and S In accordance with your authorization, we have completed a geo- logic review of the subject lots and parcels using the following documents: o Letter (with accompanying maps) from Jennings - McDermott- Heiss, Inc. to Kathy Kerdus dated January 18,-1983, and o Letter (with accompanying map) from Jennings - McDermott- Heiss, Inc. to Kathy Kerdus dated January .20, - 1983. In addition, we have reviewed pertinent data, maps and ordin- ances from our office files. nTCriICCTnm Our review of the referenced material indicates that several lot adjustments have been incorporated into the subdivision plans for the Parker Ranch. These changes are described in the letters from - Jennings- McDermott - Heiss, Inc. Due to the lot revisions, the pro- ject engineers have evaluated the affected parcels and determined that certain parcels should be allowed pools and that others should be denied pools. Specifically, they have recommended that Lots 8, 11, 21 and 75 and Parcels F, H, R and S be allowed pools, and they have identified proposed pool sites on these properties. The purpose of our review was to determine if any of the proposed pool sites are not suitable for pools based on geologic criteria. CONCLUSIONS AND RECOMMENDED ACTION In our opinion, the pool sites identified on the subject lots and parcels by the project engineers do not appear'to be constrained by any unusual soil or geologic conditions that cannot be mitigated by proper design and good construction practices. Consequently, we ENGINEERING GEOLOGY e ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING IWM Kathy Kerdus, Senior Planner September 23, 1983 recommend approval of each of the pool sites with the following condi- tions: 1) Geotechnical Evaluation - The project geotechnical consultants should review, inspect, investigate (if necessary), and approve each of the proposed pool sites when specific development plans become available. The purpose of this work is to evaluate the plans and site topographic and soil conditions to determine if design modifications are warranted. The results of this work should be submitted to the City Engineer for review prior to final approval. 2) Geotechnical Field Inspection - The project geotechnical con- sultants shall inspect test as needed) and approve the geo- technical aspects of the pool construction. This work should include, but not' necessarily be limited to site preparation and grading, site drainage and inspection of the pool excavations prior to placement -of steel and gunite. The results of the field 'inspections should be described by the geotechnical consultants in- letters submitted to the City for review by the City Engi neer''pri or 'to final project approval. WRC: DC: km Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton City Geologist CEG 882 William Cotton and Associates " r JE: T N 1NGS - iN -icDI R '[OTT - HEISS, INC. gl �; SUITE u�1 <- J555 �° �)_5 RI ;.(;I.NT' SI'RITT1 -SAN JOSF, CA. 95110 Ao'o l i cd Soil Mechanics '1737 North First Street Suite L`25 San Jose, CA 95112 �e Carl. Laud 1'lauui;I August 17, '1983 Laud Srirveyil:g RECEIVED AUG 422 1983 COMM.UPITY DEVELOPMENT Attn: Mr. Carl Greenlee Re: Our #2353 Tie Parker Ranch During original approval the Tentative `Sap for the Parker Ranch, several lots were prohibited from having swimming pools because cf slope or geotechnical restraints. Now that much of the work has yen completed on phase 2 of the project, we feel some of these lots s;-:o: id now be permitzed to have pools. Therefore, we have submitted on behalf of Blackwell Homes a request to the City to amend the C.C.& R.'s �ccorc: i ugly. Thy: City, prior to taking action on this matter, will be having '�e new pooi sites reviewed by the City Geologist and also require a sta;:ement from Applied Soil Mechanics as to the suitability of the site -or pools. Those lots being considered at this time are Lots 8, 11, 21 and 75 along wi-h several combined parcels namely parcel F, K and L. e To aid in your :eliberations, I am enclosing a copy of the over -all Parker Ranch layout to permit locating the lots, plus excerpts of the - a':'n- Plan wherein the general pool and souse locations as proposed are illustrated. We would appreciate if you could revi,.w this as soon as possible and respond either to our office or to the -ity with your comments or concerns. �.ckwe l l Homes y y of ., ratcq:] Attn: a:ny nerdus Very truly yours, WILLIAM E. HEISS