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HomeMy WebLinkAbout07-11-1983 CITY COUNCIL AGENDAY CITY OF SARATOGA S AGENDA BILL NO. Initial : Dept. Hd. A9 DATE: July -1 , 1983 (July 20, 1983) C. At . DEPARTMENT: Community Development C,, SUBJECT: Final Building Site Approval, SDR- .1532, Union Oil, Saratoga - Sunnyvale R Issue Summary 1. 2. 3. The SDR -1532 is ready for final approval. All Bonds and Agreements have been submitted to the City All requirements for City Departments and other agencies have been met, except Encroachment Permit from the Dept. of Transportatior Recommendation Adopt Resolution 1532 -2 attached. Approve the Final Map of SDR -1532, and authorize the execution of contract of the Improvement Agreement. Fiscal Impacts None Exhibits /Attachments 1. Copy of Tentative Map approval 2. Resolution No. 1532 3. Location Map 4. Status report for building site approval 5. Report to the Planning Commission Council Action 7/20: Approved on Consent Calendar 4 -0. -Ii7 L RESOLUTION NO. 1532 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.36 acre of land as shown on the record of Survey. Map, prepared by Mackay and Somps. It was submitted to the City , Engineer, City of Saratoga to 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 20th day of July , 19 83 , by the following vote: . AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR �a OA CT. SITE OOM \A rm�g m Qp ! L - LO e 0 -LOCATION 6��' __ _ -- - - ­ ­__ S.D R AS O 0 o -t4- kt MEMORANDUM CITY OF SARATOGA TO: PLANNING COMMISSION FROM: DIRECTOR OF PUBLIC WORKS SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR -1532 Union Oil Saratoga - Sunnyvale (have) (W4 -U) been met as listed on the Land'Development Committee Report dated 1 -26 -83 . Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication N/A Date Submitted _ Record of Survey or Parcel Map yes Date Submitted 4 -15 -83 Storm Drainage Fee 1008.00 Date Submitted 4 -15 -83 Receipt #2267 All Required Improvement Bonds 18,000 Date Submitted 7 -8 -83 Receipt # - All Required Inspection Fees 24Fin_nn Date Submitted _ -A3 Receipt #,)r)gd Building Site Approval Agreement Date Signed - - 2267 Park and Recreation Fee N/A Date Submitted _____ Receipt # --- It is, therefore, the Public Works Department recommendation that (0951YX kiwmj) _(Final) Building Site Approval for Union Oil SDR -1532 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance ROBERT "S;' °SHOOK 5 Fs f � d B � T OTTE REPORT TO PLANNING COMMISSION *Amended 1/26/83 DATE: 1/19/83 Commission Meeting: 1/26/83 SUBJECT SDR -1532 and A -846 - Emmet Cashin /Robert Dean - Turner (Union Oil) 12015 Saratoga /Sunnyvale Rd. (Blue Hills) ---------------------------------------------------------------------------- REQUEST: Building Site Approval and Design Review Approval to construct a gas station. OTHER APPROVALS REQUIRED: Use Permit granted (UP- 522) PI ANNTNr. nATA- PARCEL SIZE: 15,682 sq. ft. GENERAL PLAN DESIGNATION: "C" area to be preserved in connection with development). ZONING: C -N Neighborhood Commercial NOTICING: A public hearing,-`'is not required for this project. SITE DATA: SURROUNDING LAND USES: Commercial to north, east and south. Commercial and residential to the west. SITE SLOPE: 3% SLOPE AT BUILDING SITE: 3% NATURAL FEATURES & VEGETATION: None Noted PROJECT CONSIDERATIONS: HISTORY: A Texaco gas station was previously located on the site. As such, the site was discussed in the 1974 General Plan as an area to be preserved with development, utilizing an open space them through appropriate landscaping. The 1982 General Plan revision includes a policy not yet adopted which requires that a landscaped area 50' in from the street corner (1500 sq. ft. min.) be planted on this site. The site plan approved with the use permit indicated that this condition can be met. With design review, the Commission may decide on how this area should be planted. Report to Planning Co -ssion 1/19/83 SDR -1532, A -846 - Emmet Cashin /Robert Dean - Turner Page 2 SETBACKS: North: 32' West: 0' East: 40' South: 10' HEIGHT: Storage Structure: 9' Canopy: 17', 20' maximum allowed SIZE OF STRUCTURE: Storage, office and restroom structure:, 380 sq. ft. Canopy: 2,312 sq. ft. IMPERVIOUS COVERAGE: 17 %, 60% allowed by ordinance COLORS & MATERIALS: Structures: Concrete block and redwood panels. Signs: Internally illuminated, blue and orange letters on a white face. REFUSE: 5' x 10' trash enclosure adjacent to storage building. LANDSCAPING & LIGHTING: The applicant is proposing to landscape the street side corner of the lot as required by the proposed 1982 General Plan Policy) as well as along the property line of the opposite corner of the site. The large area will be bermed up (3' at center). The outer portion of this area will contain low growing turf. At the center, low growing, flowering and non - flowering shrubbery are proposed. Two Australian willow trees which are evergreen and grow to a height of 25 to 30' are proposed at both ends of this area. The landscaping to the rear includes a variety of evergreen bamboo plants which grow 6' to 8' in height and five sweet gum trees which are deciduous and change colors in the fall. The applicant has also submitted landscape plans for the adjacent site along the frontage of Saratoga /Sunnyvale Road, as required with the use permit approval. The plans indicate low- growing flowering plants and five Australian Willows. The site plan indicates 3 "luminaire" lighting fixtures. Two are adjacent to the Prospect entrance and one is located at the Saratoga /Sunnyvale entrance. (See Exhibit "E "). The lamps are I.approximately three (3) feet in height. Other lighting on site will be located at the canopy, accessory building, and signs. RELATIONSHIP WITH ADJACENT STRUCTURES: The structure has been designed to be _ compatible in both exterior materials and design with the adjacent shopping center. The Santa Clara Valley Water District_.is recommending that the floors for the new structures be at 304 (one foot above the 1% Flood Level). The approximate ele- vation on this site exists at 304. SIGNAGE: The gas station is allowed to have a total of 48 sq. ft. of signage. Two 25 sq. ft. signs are proposed for- -t-he - canopy.- --T-he applicant also - wishes to have an additional brand name or self -serve sign (12.8 sq. ft.) which becomes part of the allotted signage. Price signs are required by State law. Staff recommends that the price signs be separated from the allowed signage. However, the applicant will need to apply for a variance for the extra signage for the canopy and over the price sign, or delete the square footage not allowed by ordinance. Staff has also noted that the price sign will need to be moved back 3 -4 feet to protect sight distance for drivers exiting from the southern entrance. Staff recommends also that this sign be reduced in height from 9' to 6' in total height. Report to Planning 4_ ssion 1/19/83 SDR -1532, A -846 - Emmet Cashin /Robert Dean - Turner Page 3 The applicant has indicated a location for. the .entrance sign at the front center of the large landscaped area. A design for this sign has not yet been sub- mitted to the City. DRIVEWAY & CIRCULATION: The applicant proposes to circulate traffic through entrance/ exits at the northeasterly (Prospect Rd.) and southwestern (Saratoga - Sunnyvale Rd.) ends of the site. Two parking spaces, one handicapped, are provided on site. Since the proposed gas station is self -serve and no mechanical service is provided, the need for parking is limited to one employee space and brief customer stops. CONCERNS OR COMMENTS: The plans differ from the plans submitted with the use permit, in that the cashier's kiosk is located outside the canopy. This kiosk is placed so it will not impair traffic flow on the site. PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Categorical Exemption was prepared relative to the environmental impact of this project, (Section 15102, Calss 2(b)). Said determination date: December 10, 1982. The Staff Report recommends approval of the tentative map for SDR -1532 (Exhibit "B" filed December 13, 1982) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at'the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any Ordinance of the City. In addition thereto, applicant shall comply -with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - 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). C. Submit "Irrevocable Offer of Dedication" on Prospect Rd. and Saratoga - Sunnyvale Rd. as required by City Engineer and CalTrans. D. Improve Prospect Rd. & Saratoga- Sunnyvale Rd. to City Standards, including the following: I. Designed Structural Section widened from existing edge of pavement. 2. P.C. Concrete curb and gutter (V -24). Report to Planning Coi(..,ssion SDR -1532, A -846 - Emmet Cashin /Robert Dean - Turner 1/19/83 Page 4 3. Pedestrian Walkway (6 ft. A.C., 4 ft. P.C.C.) 4. Undergrounding Existing Overhead Utilities. E. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the Director of Community Development as needed to convey storm runoff to Street Storm Sewer or Watercourse, including the following: I. Storm Sewer Trunks with necessary manholes. 2. Storm Sewer Laterals with necessary manholes. 3. Storm Drain Inlets, Outlets, Channels, etc. F. Construct Standard Driveway Approach. G: Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. H. Watercourses must be kept free of obstacles which will change, retard or prevent flow. I. Obtain Encroachment Permit from Cal -Trans for work to be done within State right -of' -way. J. Obtain Encroachment Permit from the Dept of Community Development for driveway approaches or pipe crossings of City Street. K: Engineered Improvement Plans required for: I. Street Improvements 2. Storm Drain Construction L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. M. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. N. Enter into "Deferred Improvement Agreement" for the marked "D.I.A." required improvements 0. Post bond to guarantee completion of the required improvements. P. As needed, repair asphalt berm fronting existing shopping center per City Engineer. Q. As needed, repair and /or replace the traffic island at intersection of Prospect Rd. and Saratoga /Sunnyvale Rd. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Foundation B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). Report to Planning Comriiission \ SDR -1532, A -846 - Emmet Cashin /Robert Dean - Turner 1/19/83 Page 5 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Standard information to include titleblock record data, location ma � plot plan using name, etc. p, north arrow, sheet nos., owner's 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 December 20, 1982. V. SPECIFIC CONDITIONS - CENTRAL FIRE PROTECTION DISTRICT A. Obtain a permit from the Central Fire Protection District to install underground gas tanks. B. Trash area to be sprinklered (or relocated so as not to be within 10' of building). 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. B. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. To comply with Federal Insurance regulations, the first floor of any building to be 1 foot above the 1% flood level (elevation 304). VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Any modifications to the Site Development Plan shall be subject 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 Permit Review Division for review and approval. Landscaping and irrigation improvements shall be installed and es- tablished within 90 days of completion of the right -of -way improve- ments. DESIGN REVIEW RECOMMENDATION: Approve per Staff Report dated 1/19/83 and Exhibits "B, C, D & E" subject to the following conditions: 1. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. r Report to Planning Connission 1/19/83 SDR -1532, A -846 - Emmet Cashin /Robert Dean - Turner Page 6 2. All lighting on site is to be turned off before 10:30 p.m. 3. Submit agreement to provide area for "City of Saratoga" entrance sign. * 4. Va4ar- a�pn�w��- i- s-eqi� -iced fir =a]-1- sig►�age�_exc.]udiru�{�� ice- signs, ir- ec�ss- of - -sc— Tyr= delis- af- �x�ess- squares- footage. delete * 5. delete * 4. Design Review of landscaping and signage required prior to Final Building Site Approval. Kathy K rdus Sharon Lester Planner Planner P.C. Agenda: 1/26/83 CITY OF SARATOGA AGENDA BILL NO. 4 16 DATE: July 11, 1983 (July 20, 1983) DEPARTMENT: Community Development Initial: Dept. Hd. 0 SS C. C. Mgr. SUBJECT. JOHAN PAUL DEVOS, FARWELL AVENUE, FINAL BUILDING SITE APP SDR -1499 AL Issue Summary 1. SDR -1499 is ready for final approval 2. All requirements for City Departments and other agencies have been met. 3. All fees have been paid Recommendation Adopt Resolution No. 1499. -02, attached. SDR -1499 Fiscal Impacts None Approve the building site for Exhibits /Attachmmnts 1. Resolution No. 1499 -02 2. Report to Planning Commission 3. Location Map 4. Copy of Tentative Map approval 5. Status report for building site approval Council Action 7/20: Approved on Consent Calendar 4 -0. RESOLUTION NO. 1499 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Johan Paul Devos The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.848 acre of land designated as Parcel "A" on the Parcel Map prepared by Bradley T. Honholt and submitted to the City Engineer, City of Saratoga. This is to 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 20th day of July 19 83 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR �t0 1 `9LIF.ogt� i�IEIVIOKAND�iN1 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Planning Commission DATE: 7/8/83 FROM: Kathy Kerdus SUBJECT: SDR -1499, Bradley Honholt (DeVos), Farwell Avenue, Tentative Building Site Approval - 1 Lot, Request for a One -Year Extension LJ • The applicant is requesting a one -year extension for the subject site, which is allowed under the latest revision to our Subdivision Ordinance. Staff has reviewed the approval conditions and recommends the Planning Commission grant the one -year extension. The map would then be extended to July 8, 1984. Kathy'Kerdusl�' Planner KK /dsc P.C. Agenda: 7/13/83 0- -�4�4 utu" . HAWLEY, STOWERS & ASSOCIATES, AIA, INC. May 24, 1983 City of Saratoga Planning Department 13777 Fruitvale Avenue Saratoga, California 950.70 Gentlemen: This letter is to request an extension of time for the submittal of the Final Map for the DeVos residence, 141681 Farwell Avenue, Saratoga. Yours very truly, HAWLEY, STOWERS & ASSOCIATES, AIA, INC. Richard Stowers, AIA RS: sr REECEIVEO MAY 2 61983 PERMIT REVIEW ARCHITECTS AND PLANNERS 1978 THE ALAMEDA SAN JOSE, CALIFORNIA 95126. (408) 247 -1416 ROBERT W. HAWLEY, AIA RICHARD STOWERS, AIA 4 0 4 is REPORT TO PLANNING COMMISSION C„y of Saratog, DATE: 7/2/81 Commission Meeting: 7/8/81 SUBJECT SDR - 1499 - Bradley Honholt (DeVoss) Farwell Avenue Tentative Building Site Approval - 1 Lot ---------------------------------------------------------------------- - - - - -- REQUEST * : Tentative building site approval in order to build one new residence on an existing lot of record on Farwell Ave., replacing the existing residence(s) and structures on the site. ENVIRONMENTAL ASSESSMENT: A Negative Declaration for this project has een prepared. PUBLIC NOTICING: City Ordinances do not require noticing of Building Site Approval applications on single lots. GENERAL PLAN DESIGNATION: Very low density residential ZONING: R -1- 40,000 SURROUNDING LAND USES: Single family residential uses. SITE SIZE: 37,174 sq. ft. SITE SLOPE: 130 HEIGHT OF STRUCTURE: Intends to propose two story structure. SETBACKS: (Irregular Lot) Rear: 70' Left Side: 20' Right Side: 20' Front: 1321. STAFF ANALYSIS: The applicant is proposing to remove the 2 residences an the garage on this existing lot of record. The major concern in developing the site has been the connection to the sewer main required by the City. The applicant has been working with Sanitation District No. 4 and�in.turn,the adjacent neighbor and SCVWD to determine its best • connection route through the property to the northwest. The SCVWD has conditioned transference of a proposed right -of -way to the district. The residence presently in their right- of -way is to be removed. Cotton has noted that "No unusual geologic or soil conditions constrain the intended use of the property ". Report to Planning ( !mission 7/2/81. SDR -1499 Page 2 PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordin- ances of the City of Saratoga. The housing needs of the region have been considered and have been bal- anced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: June 22, 1981. The Staff Report recommends approval of the tentative map for SDR -1499 (Exhibit "B" filed May 29, 1981) subject to the following conditions: I GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60 including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; sub- mission of engineered improvement plans for any street work; and compli- ance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Refere is hereby made to said Ordinance for further particulars. Site appr in no way excuses compliance with Saratoga's Zoning and Building Ordin- ances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II SPECIFIC CONDITIONS - PUBLIC WORKS DEPARTMENT A. Pay storm drainage fee in effect at the time of obtaining final approval (currently $1,100.00 /lot). B. Submit "Parcel Map" to City for checking and recordation (pay re- quired checking and recordation fees). (If parcel is shown on exist- ing map of record, submit three (3) to -scale prints). C. Submit "Irrevocable Offer of Dedication" to provide for a 25' half - street on Farwell Avenue. D. Submit "Irrevocable Offer of Dedication" to provide easement as required. E. Enter into an Deferred Improvement Agreement to improve Farwell Avenue to City standards, including the following: 1. Designed structural section 18 ft. between centerline and fl *in( 2. P.C. concrete curb and gutter (V -24). 3. Underground existing overhead utilities. Report to Planning C- is 7/2/81 SDR -1499 Page 3 F. Enter into an Deferred.Improvement Agreement to construct storm drainage system as shown on the "Master Drainage Plan" and as dir- ected by the Director of Public Works, 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. 4. Construct driveway approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screen- ings or better on 6 in. aggregate base. 5. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Public Works. 6. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. 7. Watercourses must be kept free of obstacles which will change, retard or prevent flow. 8. Obtain Encroachment Premit from the Dept. of Public Works for driveway approaches or pipe crossings of City street. G. Enter into an Deferred Improvement Agreement engineered improvement plans for: 1. Street improvements. 2. Storm drain construction. H. Enter into an Deferred Improvement Agreement to pay plan check and inspection fees as determined from improvement plans. III SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: 1. Geology 2. Soils 3. Foundation Prior to issuance of building permits. 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). IV 19 Report to Planning 1( mission 7/2/81 SDR -1499 Page 4 2. Drainage details (conduit type, slope, outfall, location, etcP 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. S. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. D. Bonds required for removal of existing structures. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided, fees paid and easements acquired inaccordance with requirements of Sanitation District No. 4 as out- lined in letter dated June 15, 1981 and April 21, 1981. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Construct driveway 14 feet minimum width, plus one foot shoulders using double seal coat oil and screening or better on 6 inch agg tc base from public street or access road to proposed dwelling. SlW driveway shall not exceed 12z% without adhering to the following: 1. Driveways having slopes between 12z% to 15% shall be surfaced using 2z" of A.C. on 6 inch aggregate base. 2. Driveways having slopes between 15% to 17% shall be surfaced using 4 inches of P.C.C. concrete rough surfaced on 4 inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greater slopes or longer length will not be accepted. * B. Construct a turnaround at the proposed dwelling site having, a 32 foot inside radius or other-approved type turnaround which must meet re quirements of the Fire Chief. Details shall be shown on building plans. C. Driveway shall have a minimum inside curve radius of 42 feet. D. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on the building plans. E. Provide 15 foot clearance over the road ot- driveway (vertical) to building site. Remove all limbs, wires or other obstacles. 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 ' Report to the Plann Commission 7/2/81 SDR -1499 Page 5 • VII *II IX • the Sanitation District No. 4. Prior to the final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. A $500 bond to be posted to insure completion of work. Contact dis- trict sanitarian for final inspection upon completion. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Transfer right -of -way along entire creek frontage to Santa Clara Valley Water District,in accordance with District's letter dated July 24, 1980. B. Drainage system and any outfall structure details to be reviewed and approved by SCVWD prior to final approval. C. All grading adjacent to the SCVWD right -of -way to be done in accor- dance with sheets 20 -20B of said agency. Details of grading to include the cross - sectional view at the right -of -way and are to be shown on the Improvement Plans. Plans to be submitted to SCVWD for review and certification. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Design Review Approval required on project prior to issuance of permits. B. Any modifications to the Site Development Plan shall be subject to Planning Commission approval. C. At time of Design Review individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on/ in the subdivision /building site. rnMMFNTC A. Tree removal prohibited unless in accord with applicable City Ordinances. � r �i Approved: -- Kathy kerdus, Planning Assistan- KK /as P. C. Agenda: 7/8/81 *as clarified at Planning Commission meeting on 7/8/81. Z CI E L% L -- DOVO A55 / D O 8 _ 3 = H J s LAG 3 SV' O Y Q G r0 A v E r' Z AVE SITE J J � T ♦ \ Y • f u 4 � s 4 ti u r J A d LN. t= J Y Da. � SARK F �u r e Y C1 C IL �O DARK on. G •� O S os LARK WY. CL O A l lV SD R- 149-3- MEMORANDUM CITY OF SARATOGA TO: PLANNING dOMMISSION FROM: DIRECTOR OF PUBLIC WORKS SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR -1499 11 Paul Devos Farwell Avenue (have) (i A- V1§x1i0X) been met as listed on the Land'Oevelopment Committee Report dated July 2, .1981 Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication yes Record of Survey or Parcel Map yes Storm Drainage Fee 1100.00 Date Subm All Required Improvement Bonds N/A Date All Required Inspection Fees 100.00 Date Building Site Approval Agreement -- Date Park and Recreation Fee 1300.00 Date Date Submitted 7 -8 -83 Date Submitted 7-8 -83 fitted 7/11/83 _Receipt #2789 Submitted - -- Receipt # -- Submitted 7/11/83 Receipt #2789 Signed - -- Submitted 7/11/83 Receipt #2789 It is, therefore, the Public Works Department recommendation that (CtX dXK t,.) (Final) Building Site Approval for Paul Devos SDR -1499 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition (s) Qt�c,(,:-+S Reason for Non - Compliance ROBERT .S. SHOOK 4 CITY OF SJU1 iUKX�A AGENDA BITS, NO. % DATE: July 11, 1983 (July 20, 1983) DEPARTMENT :_Community Development SUBJECT: CONSTRUCTION ACCEPTANCE FOR SDR -1526 Initial: Dept. Hd. C. Atty�- C. Mgr. Issue Stm oxy The public improvements required for the subject Tract or Building Site have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. Recomendation Grant "Construction Acceptance" to the subject Tract or Building Site. Release $3000.00 CASH bond - see warrant list Fiscal Impacts None ~ Exhibits/Attachments 1. Memo describing development and bond. Council Action 7./20: Approved on Consent Calendar 4 -0. P I�IEMOO RANDt1M U�uw @0 0&M&UQ)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: July 11, 1983 FROM: Director of :Community Development SUBJECT: Construction Acceptance for SDR -1526 Name & Location: Longmeadow Development, Douglass Lane Public Improvements required for SDR -1526 have been satisfactorily completed. I, therefore, recommend the City Council accept the improvements for construction only. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract, insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Longmeadow Development Corporation Address: 210 North Fourth Street San Jose, CA. 95113 2. Improvement Security: Type: Surety Bond Amount: $32,000.00 Issuing Company: Covenant Mutual Insurance Company, A.L. Wing, Attorney Address: 100 Pine Street #1750 San Francisco, CA. 94111 Receipt, Bond or Certificate No.: 014528 3. Special Remarks: $3,000 CASH bond to be released upon Construction Acceptance RSS /dsm Robert S. Shook fN.� CITY OF SARATOGA GENDA BILL NO. 7e DATE: 7 -13 -83 DEPARTMENT: Admin. Services --------------------------- - - - - -- Initial: Dept. Hd. C. C. Mgr. SU,bJECr: HCDA: Emergency Jobs Bill /Appropriation Resolution ------------------------------------------------------------------ - - - - -- Issue Summary The City has been allocated $77,500 under the Emergency Jobs Bill, a component of the Housing and Community Development Act. The City Council has allocated this sum to the improvement of Elva Avenue. It is necessary to bring an appropriation resolution before the Council in order to move forward with this planned activity. Recommendation Approve Resolution # appropriating $77,500 for public improvements to Elva Avenue. Fiscal Impacts None. Exhibits /Attachments Resolution # Council Action 7/20: Approved Resolution 2073.2 on Consent Calendar 4 -0. CITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head: ,8 DATE: July 20, 1983 City Atty DEPARTMENT: Administrative Services : Community Center City Mgr SUBJECT: Acceptance and Acknowledgement of al,Bumper Pool Table for the Community Center Issue Summary Mrs. Gerry English donated a bumper pool table to the Community Center's Teen Program. It is in fine condition and the Center will benefit from this donation. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. Fiscal Impact The value of the donation is estimated at $350.00 Exhibits /Attachments None. Council Action 7/20: Approved on Consent Calendar 4 -0. CITY OF SARATOGA ,/ pO Initial: 7 AGENDA BILL NO. 0 Dept. Hd. DATE: July 11, 1983 (July 20, 1983) C. Atty DEPARTMENT:_ Community Development C. M SUBJECT: PIERCE ROAD EMERGENCY SLIDE REPAIR Issue Summary The project involved the construction of.a retaining wall along the edge of Pierce Road southwest of Via Regina. The contractor, Ground Stability Construction, has completed the work, for the contract price of $102,200.00 Recommendation Approve final acceptance and file Notice of Completion. Fiscal Impacts $102,200.00 which is 100% reimbursable under FAU. Exhibits /Attachments Notice of Completion Council Action 7/20: Cal]_on /Clevenger_,mved to approve. Passed 4 -0. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name S',o , Add.... c,1, d L J Sloe SPACE ABOVE THIS LINE FOR RECORDER'S USE i ".. 'Natirr of Tpmpinion 11fIIPi. s hereby given that ........ 1 ............. . the undersigned, .Jt..Wayne Dernetz .............................. f the agent of]* the owner....... of certain lot............ piece..............., or, parcel ............. of land situated in the .......City,.. P f ... Saratoga...................................... County, of .... Santa ... Clara ................. ............................... State of California, and described as follows, to -wit: PIERCE ROAD EMERGENCY SLIDE REPAIR I I III That.... ....The...City...af..S.arato.ga .................................................... ............................... I� ................................................. ............................... .its owner...... of said land, did, on the ..5.th......... day of ........ April ....... ............................... 19 .....8.3....... , enter into a contract with ......................... ......Ground.,S,tability... Construction ............................................... ............................... for Pierce Road .............................................................................................................................. ............................... ................................................................................................................................. ............................... ................................................................................................................................. ............................... upon the land above described, which contract was filed in the office of the county recorder of the .............. .......................... count Of State of California, on the................. ............................... day of ................................................ , 19 ............; That on the .............. 7t ;b............................ day of .......... a. ulY ............................. . 19...U.... the said contract or work of improvement, as a whole, was actually completed by the said ................... Ground... tab .I]Lt .QQnstrgq.t , 9. a ......................................................... ..............................: 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 mature of .....Salita .. ........ title to said properly is ........................ ............................... ................................................................................................................................. ............................... ................................................. ............................... ................................................. ............................... City of S.arataga .......... Owner ............ LIFO .ST I {Nl �I TE OF CA ss. By ............... ............................... County o Santa„ Clara ............................ J. Wayne Dernetz : tgent ci ng, uh- sworn............ J ..... Kayne..I lerne-tz .......................................... ............................... sa% 1 run agent fthe agent off * the, owner...... of the, properly described in the foregoing notice. l ha' read the foregoing police and know the contents thereof, and the same is true of uty own knotrled .Subscribed and sworn to before me this .......................... day of ...................... 19 ....... ....................... ............................... ........................................... ............................... City C 1 e r ( per Govt. Code 408140 ................................................ ............................... Delete words in brackets it owner signs. ro mina tttrPrc'trortrntrrt trop nrtiwHr: ".. CITY OF SARATOGA AGENDA BILL NO. 70 Q .initia Dept. DATE: July 11, 1983 (July 20, 1983) C. Att DEPARTMENT: Community Development C. Mgr, SUBJECT: PIERCE ROAD EMERGENCY SLIDE REPAIR Issue Summary The project involved the construction of.a retaining wall along the edge of Pierce Road southwest of Via Regina. The contractor, Ground Stability Construction, has completed the work, for the contract price of $102,200.00 Recommendation Approve final acceptance and file Notice of Completion. U Fiscal Impacts $102,200.00 which is 100% reimbursable under FAU.. Exhibits /Attachments Notice of Completion Council Action • CITY OF SARATOGA AGENDA BILL NO. `i"91 DATE: July 7, 1983 (July 20, 1983) DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: TRACT 6665 and SDR 1426, Parnas Corporation, Pierce Road, 4intage Lane, Saratoga Heights and Congress Springs Road Issue Sunnary Per the Agreement between Parnas Corporation and the City, cetain lots are to be combined. Reversion to acreage appears to be the most expeditious process. Therefore, Parnas Corporation is requesting that con.tigious Lot 2,3,16,17,27 and 28.of (Tract 6665) and Lot A and B of (SDR -1426) be reverted to acreage (become 4 lots) as shown on the Parcel Maps at Pierce Road, Vintage Lane,.Saratoga Heights and Congress Spring Road. All improvements were completed under Tract 6665, Parnas Corporation. Recommendation 1. Conduct a Public Hearing on reversion to acreage. 2. Determine the merits of the request. 3. Staff recommends approval of the reversion to acreage subject to the appropriate findings of Section 66499.16 of the Subdivision Map Act. Fiscal Impacts None Exhibits /Attachments 1 • Resolution No? 2. Chapter 6 of the Subdivision Map Act relating to reversion to acreage. 3. Letter of request from applicant 4. Proposed Parcel Map Council Action 7120: Mallory /Callon moved to continue to 8J3. Passed 4 -0. (Contractor did not mail notices of hearing within legally required time for hearing 7/20.) 8/3: Callon /Fanelli moved to approve Res. 2081. Passed 5 -0. (c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto. 66199.18. Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. 66499.19. When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those re- tained pursuant to Section 66499.17. 66499.20. A tax bond shall not be required in reversion pro- ceedings. 66499.20%. A city or county may, by ordinance, authorize a parcel rnap to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or casements which are to be vacated or abandoned. Any streets or casements to t;e left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by tine governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land af- fected thereby, and shall also constitute abandonment of all streets and casements not shown on the map. The filing of the map shall =::lso constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in subdivision (f) of Section 66145, on any parcel rnap used for reverting acicage, a certificate shall appear signed and acknow- ledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map. [Amended, Chapter 862, Statutes of 1975] 66499.20%4. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable re- quirenneunts for the subdivision of land as provided by this division and any local ordinances adopted pursuant thereto. The filing of tine final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real prop- erty shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pur- suant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect -'after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the governing body or =advisory agency the map shall be delivered to the county recorder. -Ttee filing of the map shall constitute legal merger and resubdivision of 0'_J�� . ­�-- ;�' — 62 — tl►e land affected thereby, and ,hall :d,o:cou,litute abandonment of all streets and easements not shy %sm ti.m the ►nap. (Added, Chapter 23 -1, Slatutcs of 19771 ARTICLE 2. EXCLUSIONS 66499.21. Tine superior court of the county in which a subdivision is situated may cause all or any portion of the real property- included within the boundaries of tl►e subdivision to be excluded from such subdivison and tine recorded map to be altered or vacated, in ac- cordance with the procedures sct forth in this article. 66499.22. A proceeding for cxchu.sion shall 1)e initiated by filing a petition therefor in the offices of the county surveyor and county Clerk of the county ill which tine subdivision or the portion thereof sought to be excluded is situated. Such petition shall accurately and distinctly describe the real property sou �bt to be excluded by reference :,o the recorded map or by any accurate survey, shall show the names and addresses of all owners of real property in the subdivision or Tn the portion thereof sought to be excluded as far as the same are known to the petitioners, and shall set ford► the reasons for the requested exclusion. Tire petition shall be signed and verified by the owners of at least two - thirds of the total area of the real prop - crty sought to be excluded. 66499.23. The petition steal:'. be accompanied by a new rnap show- ing the boundaries of the subdivision as it appears after the exclusion :Ind alteration, such new map to dcsignate as numbered or lettered parcel:; those portions excluded and show the acrca -e of each such parcel. If such map can be co ►piled frown data available, an actual field survey shall not be required. If such ►nap meets with the ap- proval of tine county surveyor, a certificate by an engineer or surveyor shall not be required. 66499.24. Upon the filing, of a petition purstla nt to this article, :illy judge of the superior court of the county in which (lie real prop - -:rty is situated shall make an order directing the clerk of the court to give notice of the fulinti of the petition. The notice sh:►11 he for once a Week for a period .of not less Ihv► live conse: utice "chs and shall he ;riven by publication in sonic newspaper of general circulation within the county, or if there is no newspaper published therein, by posting in three of the principal places in the county; procidcd, that if such real :property or any portion thereof is situated within a city, the notice shall be given by publication i.n ionic newspaper of general circulation Within the city, or if there is no newspaper published therein, by post - ing in three of the principal places in tine city. Such notice shall con- tain a statement of the nature of tine petition together with a direction that any person may file his writtrn objection to tile. petition at any time lbefore the expiration of the time of publication or posting. upon expira- tion of the tinne of publication or posting, an allidavit showing such publication or posting shall be filed with the clerk of the court. —63— x kfi.0 i d ja��� REAL ESTATE DEVELOPMENT 4683 Atbany C.ucate San Jobe, CA 95129 • (408) 249 -700 May 10, 1983 City Engineers Office Saratoga•City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Tract 6665, Saratgoa Heights Lots 2, 3, 16, 17, 27, 28 Dear Sirs, Parnas Corporation is the owner of the captioned lots at Saratoga Heights in Saratoga. By this letter, we are requesting that these lots revert to acreage as per Parcel Maps submitted to you by Jennings, McDermott & Heiss, Inc. This request is per the "Stipulation for Settlement" between Parnas Corporation and the City of Saratoga which provides for the following lots to be combined: 2/3, 16/17, and 27/28 The 6 lots would, accordingly, end up as 3 parcels. Yours truly, Edwin D. Charlebois EDC:kjc REAL ESTATE DEVELOPMENT 4683 A•2bany UActe San Joae, CA 95129 -(408) 249 -700( May 10, 1983 City Engineers Office Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 RE: SDR 1426 (Parcel Map - 488 M.38) Parcels A & B Dear Sirs, Parnas Corporation is the owner of the captioned lots on Vintage Lane in Saratoga. By this letter, we are requesting that these lots revert to acreage as per the Parcel Map submitted to you by Jennings, McDermott & Heiss, Inc. This request is per the "Stipulation for Settlement" between Parnas Corporation and the City of Saratoga which provides for the following lots to be combined: PARCELS A/B The 2 lots would, accordingly, end up as 1 parcel. Yours truly, X 7.�. Edwin D. Charlebois EDC:kjc CITY OF SARATOGA p� Initial: AGENDA BILL NO. CJ Dept. lid. DATE: Community Deve 1 ogm n C. Atty. DEPARTMENT: .7uly 11; 19AI (July 20, 1983) . C. Mgr. SUBJECT: UP-534& A-880, George Magnett, and cabana addition exceeding Sobey Road, Second Story Yxpansion floor area standards, Appeal of P.C. decisioi Issue SumRary Applicant requested Design Review Approval to expand an existing two story home into its attic area by 856 square feet and to place a 1380 square foot cabana in the rear yard. Both approvals cause the floor area to exceed the 6200 square feet standard for the R -1- 40,000 zoning district by 2371 square feet. The cabana location in the rear yard also requires grant of a Use Permit. After the.public hearing the Planning Commission approved the Design.Review for the expansion of the two story home with conditions on the proposed windows and for landscaping but denied the Design Review and Use Permit applications for the cabana since they could not make the compatible bulk finding. Applicant is appealing the.decisions on the cabana. Recommendation Uphold the Planning Commission decision. If the City Council wishes to grant the appeal they will need to make the six findings (particularly findings numbers 1,3 and 5) required _ for design review approval and the 3 findings required for the-use permit, as mentioned in the Staff Report. Fiscal Impacts Not applicable Exhibits /Attachments 1. Appeal letter 2. Staff Report dated June 1, 3. Planning Commission Minutes 4. Exhibits "B" and "C" 5. Resolution No. UP- 534 -1' 6. Correspondence received on Council Action 1983, as revised June 8, 1983 dated June 8, 1983 project 7/20: Appeal withdrawn per attached letter. Ap- cdr�S�o-i,q, A -N \, e�) RECEIVED JUL 20 1983 COMMUNITY DEULOP_ME'NT RECEIVED JUN 1'71983 COMMUNITY DEVELOPMENT APPEAL APPLICATION Name of Appellant: G O :- E MP�C. ►)G�� Address: S 50�� R O Telephone: _3-CA 5_ Li��� Name of Applicant: oQ-V-G Project File No.: A -V�V l)('- ,5,-39 Date Received: Hearing Date : Fee C �J (� CITY USE ONLY Project Address: I �Up So (31�y �fl Project Description: /a�Q �t,�J�� ,�� Cr,�s�,yc:� S��or►O S'icic�y -C( rf S i fig/ C 4 6 to, D A Decision Being Appealed: &,/J�L VJ ifWY2;i Grounds for the Appeal (Letter may be attached): APlease do not City offices. appeal please Appel s Signature sign this application until it is presented at the If you wish specific people to be notified of this list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. jUNt �� m3 ._.�Ta � c��y �� saRA�acr -� P►- Aa��ac� �'MM \SS,�dn� �t A-%%o / vP 534. 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ZaAh Alt- Cji c0) � �c F_ 'TNa� 7'/N£ NfiJ rt7�Tit r ��,�/aL.. ,Q�✓,o Car -1�°c r Fit' �lrN /�/'��LIC.�PLC o t rJ: /✓A 0.l cz-,.r , , QUA S-I I A L'- G prcESE f n ,✓ %aim mil' d� Q(��wlr✓(rS'/ iJ/C- 7'vrzfS � /�-i -G 1'T2A7lO�(' �'0 /di?►7iCi:.iS rWCrL 1 di i. T'Yil(v f YLAAS _ +►'C. yi.►�'LS. -- /�RLIo.�_i �c7� oz� ti '1 S i - --- - - - - -- ---- - - - - -- -W� i . vA, q S_d►� �13t. �T�i'E -- - -- cVD a 4 mwft t o.) PNTL a K 0 REPORT TO PLANNING COMMISSION *Revised June 8, 1983 DATE Commission Meeting: SUBJECT UP -A -880 GEORGE J. MAGNETT, 15200 SOBEY ROAD REQUEST: June 1, 1983 June 8, 1983 The applicant requests Design Review approval to expand the second story of an existing two story structure and Use Permit and Design Review approval to construct a cabana in the rear vard of the subject site. In addition, both of these proposals cause the site to exceed the standard floor area,:for this zoning district. OTHER APPROVALS REQUIRED: None PLANNING DATA: PARCEL SIZE: 48,526 sq. ft. ZONING: R -1- 40,000 STTR DATA- SURROUNDING LAND USES: SITE SLOPE: 10.9% GENERAL PLAN DESIGNATION: Low Density, Single Family NOTICE: Notice of this project has been posted on site, ad- vertised in the newspaper and mailed to surrounding property owners Single family residential SLOPE AT BUILDING SITE: 12.3% NATURAL FEATURES & VEGETATION: The site contains some shrubbery along the rear. However, the rear of the site is mostly un- landscaped, as the main structure has just been newly con- structed. Report to PlarC_ ng Commission Page 2 GRADING REQUIRED (for Cabana) CUT: 240 CU. YDS. FILL 240 CU.YD CUT DEPTH: 7' FEET FILL DEPTH: Varies SETBACr,S: (Cabana) Rear: 20' Right Side: 20' HEIGHT CABANA: 16' MAIN STRUCTURE: 25.5' SIZE OF STRUCTURE: Existing Residence 6,335 sq. ft. (including garage) SECOND STORY EXPANSION: 856 sq. ft. CABANA: 1,380 sq. ft. TOTAL: 8,571 sq. ft. FLOOR AREA: 6,200 sq. ft. is the standard allowed for this zoning district IMPERVIOUS COVERAGE: 23 %, 37% is allowed by ordinance COLORS & MATERIALS: PROJECT DESCRIPTION: Cedar shakes for the roof with off -white stucco, brick and 1/2 timbering for trim The applicant is proposing to expand 856 sq. ft. of attic area of the existing second story of the main structure to living area. The proposed expansion is located on the eastern portion of the dwelling. The expansion involves the addition of three (3) dormer windows as indicated on the roof plan exhibit. This proposal does not increase the size or the height of the existing structure. The applicant is also requesting use permit approval to construct a 1,380 sq. ft. cabana to the rear of the main structure. The proposed cabana follows the type of design of the main structure also utilizing matching exterior materials. FINDINGS: DESIGN REVIEW 1. Avoid Unreasonable Interference with Views & Privac Staff noted no interference with privacy as a result of the second story expansion. The dormer to the rear of the struc- ture does not pose a significant impact as the view oriented toward the rear yard of subject site rather than the rear of the adjacent site. Staff did not note significant visual or privacy impacts as a result of the cabana. Some of the structure will face the rear yard of the adjacent site. However, since the two win- dows on the eastern elevation are of single story height, the adjoining property line can be relatively easily landscaped to avoid impacts. Report to Planrg Commission 2. Preserve Natural Landscape C Page 3 The design of the cabana indicates that it will conform to the contour of the site. The majority of the grading for the site is to accommodate a cellar below the structure. 3. Minimize Perception of Excessive Bulk, Compatible Bulk, Heig t Staff noted no impacts of bulk due to the attic expansion of the main structure. With the addition of the proposed cabana, the standard floor area for this zoning district will be exceeded by 2,371 sq. ft. A portion of this square footage (1,000 sq. ft). is already ex- ceeded by the main structure. It appears to staff that with the proposed cabana there would appear to be a significant amount of bulk on the site, as both structures are relatively large in size. Structures on this site are also fairly easily seen as this portion of Sobey Road contains open, gently rolling topography. 4. Current Gradinq & Erosion Control Standards Staff has reviewed the plans and does not see any difficulty with the proposals ability to meet the City's grading standards. 5. Infills: Compatibility, Views, Privacy and Natural Features Staff did not note a significant impact to views, privacy or natural features. However, staff is concerned with that the proposal exceeds floor area standards and will add an appearance of "bulk" to the site. 6. Preservation of Natural-Contours Staff did not note a significant impact to the natural contour of site as a result of the cabana construction. FINDINGS: USE PERMIT Since staff cannot make all of the necessary findings for design review of the cabana, staff recommends denial of the use permit for the cabana. If the Commission wishes to approve the proposal they need to make the following three (3) findings: Report to Plan Ong Commission Page 4 1. That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be deterimental to the public health, safety or welfare, or materially injurious to properties or im- provements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this ordinance. RECOMMENDATION: Staff recommends approval of the design review for the second story expansion and denial of the use permit and design review for the cabana. * C_c�nc3itic�ns_ 1. Eliminate window in east side of the north projecting dormer addition. 2. St.ained glass window in the east side of the south projecting dormer addition. 3. The landscaping and screening along easterly property line to be large trees as approved by Department of Community Development. APPROVED Sharon Lester Planner SL:mlh P.C. Agenda 6/8/83 .: I ME F i ..7A 0 0 'q C'_ n - "��)a' 0 Planning Commission Page 3 Meeting Minutes 6/8/83 V -609 (cont.) ings for the solar variance and recommend approval of it. Commissioner Bolger gave a Land Use Committee Report. He noted that the fence was fully constructed at this time and the Staff Report speaks to the problems with it. He stated that the site is somewhat unique and sits down in a swale area, and there did not appear to be any real impacts with the solar panels. Commissioner Nellis added that the fence is very visible from the street. A letter received in support of the application was noted. The public hearing was opened at 8:10 p.m. The applicant was not present. Rosemary Haxim, who lives adjacent to Mr. Renna, spoke against the application. She stated that she feels that the fence looks like a prison wall and the pro- perty is now totally built up. Jean Francis, Sobey Road, indicated that she feels that the fence is too high and she would prefer landscaping instead. It was moved and seconded to close the public hearing. Commissioner Siegfried agreed with the comment that the fence looks like a prison wall and stated that it is unfortunate that it is already built. He commented that it gives him difficulty to say that it must be undone, particularly when a lot of money has been spent doing it. He added that the fence is an unsightly nuisance and has significant impact. He indicated that he did not have any particular problem with the solar panels and did not feel that they are going to impact anyone. Commissioner Crowther asked if it had been determined whether the impervious coverage added by the solar panels would exceed the allowable coverage. Staff reported that they did not know how they would be placed but would look into the matter. It was determined to continue the application and notify the applicant that there is consensus that the Commission has serious problems with both requests. It was directed that this item be continued to June 22, 1983. 6. V -610 - Hiroyuki Hiraoka, 18635 Montewood Drive, Request for Variance Appro- val to construct a tennis court with a side yard setback of 15' where 25' is required in the R -1- 40,000 zoning district Staff explained that the plans which had been approved for the tennis court were approved for a 20 ft. setback, which was in error in itself, since a 25 ft. setback is required. However, the tennis court was built with only a 15 ft. setback and there was no final inspection requested. They added that, notwith- standing those irregularities in construction, Staff can make the findings rela- tive to the variance and recommends that you approve it with the condition that the opaque screening be removed from the fencing. They indicated that there will be a clarified building permit with doube fees if the Commission approves the variance. Commissioner Bolger gave a Land Use Committee Report. Commissioner Siegfried noted that there is essentially one corner of the tennis court that encroaches. Commissioner Hlava added that it does not abut another neighbor and there is no privacy impact. The public hearing was opened at 8:22 p.m. Robert Elaine asked w}lat the specific objection was to the opaque screening. It was explained that it is prohibited by ordinance and the general problem is that it does have impact. It was moved and seconded to close the public hearing. The motion was carried unanimously. Commissioner Crowther moved to approve V -610 per the Staff Report dated 6 -1 -83 and Exhib.it B. Commissioner Bolger seconded the motion, which %vas carried unanimously 7 -0. -------- �L-1 - 880 George Magnett, 15200 Sobey Road, Request for Design Review 7fi— tfP -�3d Approval to construct a second story expansion to an existing two -story dwelling and Use Permit Approval to construct a cabana in the required rear yard aa�'Ck ^ Staff decC.i�.e.7 ti.a 1�C.1t�0:1. Th..- �tatCd tai_ �pP cy at uuc to the excessive fluor 3 z Planning Commission Page 4 Meeting Minutes 6/8/83 A -880 and UP -534 (cont.) area of the cabana, Staff feels that there will be the appearance of bulk and is unable to make the findings and recommends denial. They stated that, rela- tive to the design review for the second story expansion, they can make the findings and recommend approval. Commissioner Bolger gave a Land Use Committee Report. fie noted that there is a very large concern regarding the finished grade of this house as it is right now with respect to the adjoining residences. Commissioner Siegfried commented that he does not have any particular concern with the second -story addition or dormers provided that something is done regarding the windows that look out on the next door neighbor. He added that his major concern is the cabana since it has significant impact. A letter from Mr. and birs. Johnson, in opposition, was noted. The public hearing was opened at 8:30 p.m. George Magnett, the applicant, discussed the proposal. He submitted pictures and indicated that he would put stained glass windows in the second floor dor- mers facing the neighbors. He commented that he had contacted the majority of the neighbors regarding the project. Claude Johnson spoke in opposition to the cabana, stating that it would obscure his view and would be adjacent to his bedroom. He cited the noise and dirt from the project and the impact of it. Mrs. Adrian Iwanaga spoke against the dormer windows. Robert Darby, interior designer, addressed the proposed windows. Possible alter- natives were discussed relative to skylights or smaller windows. Commissioner Hlava noted that there are four windows across the back of the playroom, in addition to the one window on the side which looks over the Iowanga property; therefore, it is not a totally dark room without that window. Bob Moore, landscape architect, gave a presentation on the proposed landscaping. At Commissioner Siegfried's request, he specifically explained the landscaping that is planned around the cabana and the screening between the two homes. Mrs. Iwanaga stated that she objected to the planned landscaping between their home and that of the applicant. Mrs. Dorothy Johnson, 15160 Sobey, spoke in opposition to the cabana, its size, the pool, and the noise. Veda Call, realtor, addressed the Commission and spoke in favor of the project. Tom Tavares suggested that the cabana be at a low height and that the windows should be narrower. Mr. Magnett indicated that he would like to keep both dormers to maintain the architectural balance. It was moved and seconded to close the public hearing. The motion was carried unanimously. The application for the second story expansion was first discussed by the Com- mission. Commissioner Siegfried commented that he was not particularly troubled with the dormers and feels that the applicant's point is well taken that thev provide architectural balance. fie added that lie feels that steps can be taken to minimize any impact on privacy; it then makes space usable that is there. He stated that he felt that the one window could be removed hecause there is significant window space in the back of that room. He added that Ile is very troubled by the size of the cabana. Commissioner -McGoldrick moved to anprove A -880 per the Staff Report dated June 1, 1983 and Exhibit B, with the condition that the window in the cast side of the north projecting dormer addition be eliminated and that the window in the east side of the south projecting dormer addition be stained glass opaque. Commissioner Hlava suggested that some fairly large size trees be requested along the side between the applicant and the [wanagas. She commented that she feels that the house already has some privacy impact on the Iwanagas that could eau, re Planning Commission Page 5 Meeting Minutes 6/3/83 A -880 and UP -534 (cont.) be addressed at this time. It was determined that a condition Would be added to the motion that there be landscaping and screening along that area, to include some large size trees. The motion was seconded by Commissioner Siegfried and was carried unanimously 7 -0. It was noted that the approval is for the main structure only. Chairman Schaefer noted that there has been very strict adherence recently to having a total of 6200 sq. ft. built on a 40,000 sq. ft. lot. She stated that the Commission has approved many cabanas but most of them that have been approved were around 6S0 sq. ft. Commissioner McGoldrick stated that she could not envision anything that could be done to mitigate the closeness of the cabana to the Johnsons. She compli- mented the architect and landscape architect on their work but stated that the bulk of the total square footage is not what she cares to see. She moved to deny UP -534, per the Staff Report dated June 1, 1933. Commissioner Siegfried seconded the motion, which was carried unanimously 7 -0. The 10 -day appeal period was noted. Break - 9:30 - 945 p.m. 8. V -611 - Mr. and Mrs. James Mair, 19221 Saratoga -Los Gatos Road (near E1 Camino Grande), Request for Variance Approval to construct a fence over 6 feet in height in the R -1- 40,000 zoning district Staff described the proposal. They noted that this fence is along scenic High- way 9, and under normal circumstances Staff would probably not be able to make findings for this variance. However, the wall is located 2 or 3 feet below the elevation of the roadway and there has been recent substantial plantings along the highway side of the wall which will quickly screen the wall. Therefore, Staff is able to make the findings and recommends approval. The public hearing was opened at 9:47 p.m. Mike Dillon, landscape architect, appeared to answer questions. It was moved and seconded to close the public hearing. The motion was carried unanimously. Commissioner McGoldrick moved to approve V -611, per the Staff Report dated 6 -1 -83 and Exhibits B and C, making the findings. Commissioner Nellis seconded the motion, which was carried unanimously 7 -0. 9. A -881 - Bud Johnson, Lot k9, Tract 6528, Farr Ranch Road (near Farr Ranch Ct.), Request for Design Review Approval to construct a two -story • single family dwelling in the NHR zoning district Commissioner Crowther abstained from the discussion and voting of this matter, by reason of pending litigation involving the Parker Ranch project. Staff explained the project. Commissioner Bolger gave a Land Use Committee Report. He indicated that one of the items noted was primarily the color of the home which is being proposed as a light gray exterior with a white trim, and the applicant has been advised that a requirement of the Parker Ranch sub- division was that the color be earthtone. He also noted that the structure was set at an angle, to its benefit. The public hearing was opened at 9:55 p.m. The applicant indicated that he had no problem with having an carthtone color. Discussion followed on the definition of earthtone color. There was a con- sensus that earthtone does not always have to be a brown tone and that a gray color would be satisfactory. Russell Crowther asked about the square footage being allowed in this home, given the tentative map restriction of 4600 sq. ft. Staff oxnlained that when the Design Review Ordinance was developed it was determined that the sub- division would conform to the ordinance standards and the CC,,Rs were modified. Commissioner Siegfried moved to anprovc A -381, suhject to the Stuff Report dated June 1, 1983 and F.xhihits B and C. Commissioner Illava seconded the motion, which was carried unanimously 6 -0. - 5 - N USE PERMIT C FILE N0.: UP -534 f RESOLUTION NO. UP -534 -1 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received the application of GEORGE MAGNETT to construct a cabana in the required rear yard in the R -1- 40,000 zoning district and WHEREAS, the applicant (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 Use Permit be, and the same is hereby 09XXMXX) (denied) subject to the following conditions: Per the amended Staff Report dated June 1, 1983 and Exhibit "C ". BE IT FURTHER RESOLVED that kRKX :kRxkXXXNRXRXKAXHXAXXANNXHA3 (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 8th day of June 19 83 by the following roll call vote: AYES: Commissioners, Schaefer, Hlava, Bolger, Crowther, Nellis, Siegfried and Mc Goldrick NOES: None ABSENT: None ATTES L�k C airman, Planning Com ission Secretai,ry, a+nning ommission • Mrs. Arthur W Anderson, Jr. 15201 Sobey Road, Saratoga, Cali -nia 95070 June 2, 1983 15160 Sobey Road Saratoga, CA 95070 Dear Mr. and Mrs. Please be advised of our intention to sell our property in the very near future. We are giving our neighbors an advance notice of our intent to sell prior to listing the property with a realtor. We, therefore, request that you contact us before June 16, 1983 if you are interested. Please call: 354 -2239 AFTER 6:00 P.M. Sincerely, Claude E. John n Dorothy J nson CEJ /DAJ /jmf i Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Gear Commissioners: June 8, 1983 15160 Sobey Road Saratoga, CA 95070 We respectfully request that approval be denied to Mr. George Magnett's petition for the following additions to his property ai 15200 Sobey Road: 1. Construction of a second story expansion to the Existing 2 -story dwelling. 2. Construction of a cabana in the rear yard. We ask the Commissioners to consider the adverse impact upon the privacy of Mr. Magnett's neighbors. We selected a rural environment as the location of our homes for the following reasons: _ To enjoy an unobstructed view of the hills and the valley. .Jt�l To ful fi 11 a need of peaceful solitude. q-!p 3. To live i n an area where we could feel close to nature u N � T-hese attributes have been destroyed by the intrusion of ostentatious, structures th.at attack the quality of a rural environment. We also dSK tiiC ✓v/ ii » ion rs o coo -de m of f C1 i 0`ti i ^9 f aC.u_ 0V9 a� 1. The Planning Commission neglected to inform us of the `. pending plans prior to construction of the 2 - story dwell - ��` ing at 15200 Sobey Road. 1 .0 ��cv�� t� . The existence of this dwei iing has hampered our view of the hills from the front of our property. 2. We have experienced a serious water drainage problem due to the extensive excavating done on Mr. Magnett's property which has resulted in several undesirable conditions: aV,� (a)_ A constant draining of silt, mud and water across Al 0`Tt� our driveway during the rainy season. (This can be verified by a site inspection and also by snap- shots that we took during the last rainy season.) 5 v�5 ti ��^ c44� (b) A constant draining of mud and water from Mr. LP Magnett's property into our lower orchard when- ever his construction crew cuts bricks. (c) A portion of our lower orchard is so water - logged that our discing man's tractor became bogged down when he attempted to cut the weeds and work up the soil on May 24, 1483. (d) Concrete residue and sand draining into our lower orchard from building activities of Mr. Magnett's construction crew which is not conducive to healthy trees. We beseech you to declare a moratorium on the continuing erosion and "rape" of the environmental quality of $obey Road. This moratorium would give the Commissioners the time necessary to reflect upon the detrimental effect this "building boom" is having upon the long -time residents in this area._ Let us join together to preserve the magnificence of natural beauty. and the aesthetic quality of life in Saratoga. Thank you- for your consideration. Sincerely, tl and E. Johnson Zq 1 • • •'� • CEJ /DAJ /jmf i 'v J verified by a site inspection and also by snap- shots that we took during the last rainy season.) 5 v�5 ti ��^ c44� (b) A constant draining of mud and water from Mr. LP Magnett's property into our lower orchard when- ever his construction crew cuts bricks. (c) A portion of our lower orchard is so water - logged that our discing man's tractor became bogged down when he attempted to cut the weeds and work up the soil on May 24, 1483. (d) Concrete residue and sand draining into our lower orchard from building activities of Mr. Magnett's construction crew which is not conducive to healthy trees. We beseech you to declare a moratorium on the continuing erosion and "rape" of the environmental quality of $obey Road. This moratorium would give the Commissioners the time necessary to reflect upon the detrimental effect this "building boom" is having upon the long -time residents in this area._ Let us join together to preserve the magnificence of natural beauty. and the aesthetic quality of life in Saratoga. Thank you- for your consideration. Sincerely, tl and E. Johnson Zq 1 • • •'� • CEJ /DAJ /jmf