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HomeMy WebLinkAbout09-26-1984 CITY COUNCIL STAFF REPORTSAGENDA BILL: --70 DATE: September 13, 1984 DEPARTMENT: Maintenance Initial: Dept. Head: City Atty City Mgr. 2C SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Issue Summary Jeff Conway of Sunset Solar Systems, Los Gatos, has given the City a $50.00 contribution for use at Hakone Gardens. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. Fiscal Impact Donation of $50. Exhibits /Attachments None. Council Action 9/19: Accepted donation 5 -0. RESOLUTION NO. 1570 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Jerry Schiffman The City Council of the City of Saratoga hereby resolves as follows: SECTION l: The 1.142 Acre Parcel shown as Parcel 1 on the Final Parcel Map prepared by H. P. Lorimer, Civil Engineer and submitted to the City* Engineer, City of Saratoga, be approved as one (1) induvidual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular i .. meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR CITY OF SARATOGA Initial AGENDA BILL NO. %fi. Dept. F. DATE: C. Attu DEPARTMENT: Community Development C. Mgr. SUBJECT: Conditional Final Building Site, SDR -1570, JERRY `SCHIFFMAN, Sobey Road --------------------------------------------------------------------------------- - - - - -- Issue S 1. The SDR -1570 is ready for Conditional Final Map Approval. 2. All Bonds and Agreements have been submitted to the City. 3. All requirements for City Departments and other agencies have been met except Parcel Map. Recommendation Adopt resolution 1570 -02 attached; approving the Conditional Final Map of SDR -1570 and authorised excution of Building.Site Appro- val Agreement. Fiscal Impacts NONE Exhibits /Attachments 1. Resolution No. 1570 -02. 2. Location Map. 3. Status report for building site approval. 4. Report to Planning Commission. Council Action 77;p- 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- 1570, Jerry Schiffman (&) (have not) been met as approved by the Planning Commission on June 13, 1984 Listed below are the amounts, dates and City receipt numbers for.all required items: Offer of Dedication N.A. AWx*Xx1X&fXXtDry or arcel Map yes Storm Drainage Fee $1100.00 Date Subm; All Required Improvement Bonds $3000.00 All Required Inspection Fees $450.00 Building Site Approval Agreement yes Park and Recreation Fee $1300.00 fitted Date Date Date Date Date Submitted Date Submitted '9 -24 -84 Receipt Submitted 9 -24 -84 Submitted 9 -24 -84 Signed 9 -24 -84 Submitted-9-24-84 N.A. # 6518 Receipt# - - - - -- Receipt# 651_8 Receipt #.6518 It is, therefore, the Community Development Department recommendation that (Conditional) (FA &W) Building Site Approval for Jerry Schiffman SDR -.1570 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 1. ..Submit Final Parcel Map xoderr b. bnoox Director of Community Development Tall REPORT TO PLANNING COMMISSION City of Sarato(r APPROVED BY: DATE:_ DATE: 6/5/84 INITIALS: Commission Meeting: 6/13/84 SUBJECT: SDR -1570, & A -967, Jerry Schiffman, 14925 Sobey Road ---------------------------------------------------------------------------- ACTION REQUIRED: Approval of: 1) Tentative Building Site for a new single.family dwelling. 2)' Design Review for a two -story structure over 26' in height on an infill parcel. OTHER APPROVALS RECEIVED /REQUIRED: Building Permits. PLANNING CLASSIFICATION ZONING: R -1- 40,000 Final Building Site Approval and GENERAL PLAN: Residential -Very Low Density Single Family. Project complies with all applicable General Plan goals and policies. _q TMR TIATA PARCEL SIZE: 1.1 AC NATURAL FEATURES & VEGETATION: Oak and orchard trees. Site modified by previous grading for a single- family dwelling which as been removed from the site. AVERAGE SITE SLOPE: Over 10% GRADING REQUIRED: (per applicant) Cut - 0 Cu. Yds Cut Depth - 0 Ft. SLOPE AT BUILDING SITE: 8% Fill - 20 Cu. Yds. Fill Depth - 3 Ft. BUILDING SITE ISSUES: The applicant has submitted information indicating that the garage is located on a slope of about 46.5 %. Section 13.9 -3(c) of the Subdivision Ordinance states that "No site shall be approved which bears a slope of over forty percent Report to the Planning Commission 6/5/84 SDR -1570, A -967, Jer Schiffman Page 2 at the area on which any structure is to be built ". An exception to this provision can be granted under Article 15 of the Subdivision Ordinance if the Commission makes certain findings. If an exception is not granted the garage will have to be relocated on an area of the site with a less than 40% slope. To grant an exception under the Subdivision Ordinance the Commission must make one of the following findings: 1. There are special circumstances or conditions affecting the property. or 2. The'exception is necessary for the preservation and enjoyment of the substantial property rights of the petitioner. In addition to making one of the findings above, the Commission must also find that: 3. The granting of the exception will not be materially detri- mental to the public health, safety or welfare or injurious to other property in the territory in which said property is located. In the case of this particular site, staff is of the opinion that findings 1 and 3 apply to this particular situation. The 40% slope is not the natural slope.of the site and a fill slope created by previous grading on the site. The original slope was probably 20 -25% under the garage. The applicant proposes to remove and redistribute this soil forming a gentler slope. The garage would be supported by a pier foundation connecting the garage to undisturbed cemented sand and gravel (see supplemental soil and Geologic Investigation dated.May 14, 1984). If this system meets with the approval of the City Geologist, staff anticipates no adverse impacts on adjacent properties. Staff recommends that the Commission make .findings 1 and 3 listed above and grant an exception to Section 13.9(c) of the Subdivision Ordinance. It should be noted that the grading previously done by the applicant on the site was done without a grading permit. ,Report to the PlannincT Commission SDR -1570, A -967, Jer: Schiffman J PROJECT STATUS: Said project complies with all the General Plan, and all requirements of the Zoning Subdivision Ordinances of the City of Saratoga. 6/5/84 Page 3 objectives of and The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorders' Office relative to the environmental impact of this project, if approved under this application. Said determination date: May 25, 1984 The Staff Report recommends approval of the tentative map for SDR -1570 (Exhibit "B" filed April 23, 1984) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordiance 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 the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department . regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site Approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT 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 & recordation fees). (If parcel is shown on existing map of record, submit three (3) to- scale prints). C. Construct access road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from "Sobey Road" to within 100 ft. of proposed dwelling. Slope of access road shall not exceed 12 -1/2% without adhering to the following: 1. Access roads having slopes betweeen 12 -1/2% and 15% shall be surfaced using 2 -1/2" asphalt concrete on 6" aggregate base. Report to the Planning Commission 6/5/84 SDR -1570, A -967, Jer: Schiffman Page 4. 2. Access roads having slopes between 15% and 17h% shall be surfaced using 4" of P.C. Concrete rough surfaced using 4" aggregate base. Slopes in excess of 15% shall not exceed 50 ft. in length. 3. Access roads having slope in excess of 17 -1/2% are not permitted. Note: a) The minimum inside curve radius shall be 42 ft. b) The minimum vertical clearance above road surface shall be 15 ft. c) Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. d) Storm runoff shall be controlled through the use of culverts and roadside ditches. D. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6" aggregate base within 100 ft. of proposed dwelling. E. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6 aggregate base. F. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Community Development. G. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. H. Watercourses must be kept free of obstacles which will change, retard or prevent flow. I. Protective planting required on roadside cuts and fills. 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: 1. Access Road Construction. L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. Report to the Planniy Commission SDR -1570, A -967, Jeri-_t- Schiffman 6/5/84 Page 5 M. Enter into Improvement Agreement for required improve- ments to be completed within one (1) year of receiving Final Approval. N. Post bond to guarantee completion of the required im- provements. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Geology 2. Soils 3. 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, fill; slopes, cross - sections, existing and proposed elevations, earthwork quantities) 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design.by A.I.A. or R.C.E. for walls 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. 5. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos.., owner's name, etc. IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer service is available to this project. V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT A. The existing water system shall be extended.to the site; contact San Jose Water Company. B. Provide parking and turnaround details at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. (See Central Fire Districts "Standard Details and Specifications" manual). Report to the Plannir - Commission SDR -1570, A -967, Jer.,_.. Schiffman 6/5/84 Page 6 C. Proposed dwelling must have a minimum recognized water supply capable of delivering 1000 gallons per minute for 2 hours. D. Developer to install 1 hydrant that meets Central Fire District's specifications. Contact should be made with the water company as soon as possible to eliminate engineering delays. E. The developer is to grant an easement to make the hydrant . public. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required. 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 Santa Clara Valley Water District for review and certification. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits 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 sub- division building site. C. Tree removal prohibited unless in.accord with applicable. City Ordinances. D. A supplemental geotechnical report addressing those issues outlined by the City Geologist in his letter dated May 14, 1984 shall be submitted for the review and approval of the City Engineer and Geologist prior to Final Building Site Approval and issuance of .Building Permits. E. If an exception to Section 13.9(c) of the Subdivision Ordinance is not granted by the Commission, then the proposed garage must be relocated on a portion of the site with a slope less than.40 %. Revised plans showing this will be submitted to staff prior to Final Building Site Approval. Report to the Planning Commission SDR -1570, A -967, Jer Schiffman ORDINANCE COMPLIANCE DESIGN REVIEW A -967 SETBACKS: Front - 70 Ft.± Left Side - 20 Ft. HEIGHT: 30' IMPERVIOUS COVERAGE: 14.5 %± 6/5/84 Page 7 Rear - 127 Ft.± Right Side - 28.5 Ft. (Garage) SIZE OF STRUCTURE (Including Garage) Per Applicant First Floor: Second Floor: Garage: 2532 Sq. Ft. 1031 Sq. Ft. 594 Sq. Ft. 4157 Sq. Ft. Par Staff 2532 Sq. Ft. 1231 Sq. Ft. 594 Sq. Ft. 4357 Sq. Ft. The discrepancy between staff and applicant calculations is due to staff counting the attic as part of the allowable floor area (consistent with past procedures) which the applicant has not. COMPLIANCE: The proposed project complies with ordinance setback, height, and coverage limits. The project, even using staff calculations, would be 1843 sq. ft. smaller than the 6,200 sq. ft. allowable floor area permitted in the R -1- 40,000 District. PROJECT CONSIDERATIONS Exterior Materials: Brick and brick veneer; cement plaster - putty gray; wood trim (around windows) - dark brown Roof Materials: Medium Wood Shakes - Natural Impact on Privacy and Views: The windows for the proposed second - story are either oriented away from adjacent private areas or screened by vegetation so as not to create adverse privacy impacts. The main structure will be screened or partially screened by existing vegetation on three sides. However, the structure will have some visual impact to the east and southeast of the site. This partially mitigated by the location of the second story por- tion of the structure about 30' further west than the lower level. This impact could be further reduced if a lower pitched roof were used. Compatibility: The proposed structures are well within the maximum allowable floor area for the R -1- 40,000 district and is considerably smaller than other structures recently approved or constructed in this area. Design Considerations: The proposed detached garage may have to be relocated and /or attached to.the main dwelling to comply with building site approval requirements which would require modifications to the design of the structure. Report to the Planni. Commission 6/5/84 SDR -1570, A -967, Jerry" Schiffman Page 8 Other: The applicant has indicated that in the future he may wish to use the lower level of the garage for a storage area. This will-.not increase the visible mass of the structure. FINDINGS 1. Unreasonable Interference with Views or Privacy: The windows of the proposed second .story are oriented or screened so as not to adversely impact privacy. The potential impact on views is mitigated by existing vegetation and the location of the proposed second- story. 2. Preservation of the Natural Landscape: The major trees on the site will be preserved. The topography of the site had been modified by a previous single family use and grading after its removal. No further significant grading is proposed by the applicant. 3. Perception of Excessive Bulk: There should be no perception of excessive bulk due to the screening provided by existing vegetation, the orientation of the structure,.and the changes in roof height incorporated in the decision of the structure. 4. Compatible Bulk & Height: The proposed structures are within the size.limits of the zoning ordinance and are comparable in size with other structures in the vicinity. The project will not interfere with the light, air, or solar access of adjacent properties. 5. Grading and Erosion Control Standards: The applicant will follow the recommendations of a _professional geotechnical consultant •as .. part of.the construction .procedure for this project. RECOMMENDATION: Staff recommends approval per the Staff Report dated June 5, 1984, Exhibits "B ", "C," and "D ", subject to the following conditions: 1. Prior to issuance of building permits, submit the following for staff review and approval: A. Any modifications to the site development plan or elevations of any of the structures. B. Detailed grading and drainage plans. *C, Landscaping plans showing how the privacy of adjacent properties to the South and East shall be protected. Landscaping to be installed prior to final inspection /occupancy. *2. Any decking proposed on the West of the property shall be reviewed and approved by the Planning Commission. APPROVED MF /bjc n !. A __ -J_ r 11 1 In A Michael ores Assistant Planner AGENDA BILL NO: -) y 3 Initial: Dept. Head: — DATE: September 26, 1984 City Atty DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------- - - - - -- SUBJECT: Great Montalvo Griffin Chase Issue Summar The City has been contacted by the Montalvo Center for the Arts requesting permission to hold the Great Montalvo Griffin Chase on Sunday, October 28, at 9:30 a.m. The race will begin at the entrance to Villa Montalvo, across the dirt road to Peach Hill Road, around to Glen Una to Pepper Lane, to Mendelsohn Hill, back to Montalvo and finishes on the lawn area in front of the pavilion. This route will not require the closure of any State Highways. Recommendation Approve the route of the footrace. Fiscal Impact None. Exhibits /Attachments Race request letter. Map showing race route. Council Action 10/3: Approved with provision that sponsors provide cleanup 5 -0. E onm o center for e Ares P.O. Box 158, Saratoga, California 95071 EXECUTIVE DIRECTOR Telephone (408) 867 -3421 Gardiner R. McCauley Virginia Fanelli, Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Dear Mayor Fanelli: September 24, 1984 The Board of Trustees of the Montalvo Association would like the permission of the Council to conduct a 10K Race on Sunday, October 28, at 9:30 a.m. I am enclosing a map indi- cating the route of the race. We appreciate your consideration of this matter and look forward to hearing from you. Sincerely, Charlotte Wen el Development encl. s D jr d vl (ilea. U ac6 S wmsa G - 4` J w J n. 0 �4 L A 6\ G. aV �X- r d iv i `k re M oHia►� v o ( Q!A o'� Course � � �e Govrsc c_ov� l�t'S o+ cops us iA off- t-1ne 1rm- lQwv.. GA ti►t Au u X aww, 4iv��t�. pgv � � �vow�r ►ltov�,, KOTA. V0 IaA ld�s O 19, 0 _a 0 Lc4w%, Awce., CITY OF SARATOGA AGENDA BILL N0. 1(2!L DATE: September 18, 1984 DEPARTMENT: City Attorney SUBJECT: Amendment to Animal Control Ordinances Issue SuTmary Initial: Dept. Hd.�- C. Atty. C. Mgr. The County of Santa Clara has requested various amendments to the City's Ankrla.l. Control Ordinances, as described in the Memorandum from the City Attorney submitted herewith. The amendments are intended to facilitate the animal control services provided by the County of Santa Clara to the City. Recommendation Adoption of Ordinance Fiscal Impacts None anticipated. Exhibits /Attachments 1. Memorandum to City Council from City Attorney. 2. Proposed Ordinance. Council Action 10/3: Public hearing to.be set; Callon, Clevenger, Moyles to bring ideas to City Attorney;representative from County,to be ".present. 10/17: Public hearing held; ordinance amended and introduced. 11/7: Ordinance 38.122 adopted 2 -1 (Callon opposed; Clevenger, Fanelli absent). -(, PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL STEVEN G. BAIRD JACK L. BRIDGE GREGORY A. MANCHUK TO: FROM: RE: DATE: ATKINSON • FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM City Council Hal Toppel, City Attorney Amendments to Animal Control Ordinance September 18, 1984 J. M. ATKINSON, (1892 -1982) L. M. FARASYN, (1915 -1979) The County of Santa Clara provides animal control service to the City, such as the impoundment of stray dogs and testing for rabies or other infectious diseases. In order to provide a uniform system of regulation, the City has enacted the same ordinances pertaining to animal control as adopted from time to time by the County. The County has recently amended such ordinances and has requested the City to incorporate these amendments into the Saratoga City Code. The amendments can be summarized as follows: 1. Addition of Section 8 -3.2: Existing ordinances do not cover the situation of a dog that strays but later returns to the home of its owner. As amended, the owner can now be cited for violating Section 8 -3 of the City Code, which prohibits the owner from allowing his or her dog to run at large. If the owner is not home, the dog may be impounded and notice of impoundment shall be left on the front door of the residence. This provision will allow action to be taken where the owner has. demonstrated an unwillingness or inability to properly control the animal. 2. Addition of Section 8 -7.1: The existing County ordinance prohibits the sale or exchange of any dog or cat under 8 weeks old. The intent of this ordinance is to prevent the sale of kittens or puppies before they can be removed from their mothers. The County has amended this ordinance to exempt a licensed or county operated animal shelter from the restriction against sale of animals under 8 weeks °of age. Because the shelters did not have either the facilities or the funds to care for the animals, in most cases they were destroyed. As amended, the ordinance would now permit sale or adoption of these animals. SIE 3. Addition of Section 8 -7.2: This provision has been added to require that any person adopting a dog or cat from any humane society animal shelter, public pound, or shelter operated by a society for the prevention of cruelty to animals shall have the animal spayed or neutered on or before a certain date. 4. Amendment to Section 8 -8.1: The only change is the addition of sub- paragraph b to permit the impoundment of an animal suspected of being a threat to the public health or safety even though the owner of such animal is present. Under the existing ordinance, if a dog has attacked a person or another animal and returns to home before being caught by the animal control officer, it can only be impounded if the owner is not home. If the owner is home, the County is required to conduct a pre - seizure hearing before the dog can be impounded. This procedure is appropriate if the owner assumes responsibility for the animal and takes immediate steps to assure continuous control while the question of impoundment is being decided. However, if the owner does not assume this responsibility, the amendment would allow impoundment where the animal control officer determines that such action is necessary to protect the public health or safety. 5. Amendment to Section 8 -17: This section has been amended by adding sub - paragraph d which authorizes the health officer to charge a fee for the County's cost of quarantining animals and inspections for quarantine of animals. By resolution, the County Board of Supervisors has established such fee at $20. -2- ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 8, ARTICLE I, OF THE SARATOGA CITY CODE PERTAINING TO ANIMAL CONTROL WHEREAS, the County of Santa Clara provides animal control services for the City of Saratoga; and WHEREAS, the County has adopted various amendments to its own ordinances relating to animal control; and WHEREAS, the County has requested the City to adopt similar amendments in order to bring the Saratoga City Code into conformity with the County ordinances and thereby provide a uniform system of regulation and enforcement, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1: Section 8 -3.2 is hereby added to Chapter 8, Article I of the Saratoga City Code, to read as follows: "Sec. 8 -3.2 - Condition related only to seizure of dogs running at large. The Poundmaster shall not seize or impound a dog for running at large in violation of Section 8 -3 when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession. A dog that has strayed away from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of Section 8 -3, but in such a case a citation for such violation may be issued; provided, however, that if in such situation the owner or the person who has a right to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog. Rev. 10/17/84 -1- This section shall not otherwise affect the authority of the Poundmaster to seize or impound a dog or issue citations as a result of the violation of sections of this Article other than Section 8 -3." Section 2: Section 8 -7.1 is hereby added to Chapter 8, Article I of the Saratoga City Code, to read as follows: "Sec. 8 -7.1 - Sale of Cats or Dogs. No person or establishment other than a licensed or County operated animal shelter shall sell, exchange, or barter any cat or dog under eight (8) weeks of age. Proof of age of the dog or cat may be required by the health officer. Proof of age may include, but not be limited to, a certification by a licensed veterinarian attesting to the animal's age." Section 3: Section 8 -7.2 is hereby added to Chapter 8, Article I of the Saratoga City Code, to read as follows: "Sec. 8 -7.2 - Adoption of Animals. (a) Any person adopting an unspayed or unneutered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the County of Santa Clara shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for insuring compliance with this section, the adoption agreement will be modified accordingly. (b) Violation of this section shall be deemed to be an infraction and shall be punished in accordance with Chapter 2.5 of the Saratoga City Code. (c) As a condition for adoption, the person adopting an animal may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be fowarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered." Section 4: Section 8 -8.1 of the Saratoga City Code is hereby amended, to read as follows: "Sec. 8-8.1 - Summary Seizure and Post - Seizure Hearing. (a) Except as provided in Section 8 -3.2, the Poundmaster may seize and impound an animal for violation of any provision of this Article Rev. 10/17/84 -2- or state law prior to a hearing in any of the following situations where the owner is not present and where the Poundmaster reasonably believes it is.necessary: (1) To protect public health, safety and property; (2) To protect an animal which is injured, sick, or starving and must be cared for; and (3) To protect an animal from injury which has strayed onto public property or public right -of -way. (b) Even when the person owning or having charge of an animal is present, the Poundmaster may seize or impound any such animal he reasonably believes to be infected with disease transmittable to man or to be vicious so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the Poundmaster reasonably believes that such seizure and impoundment is necesary to protect the public health or safety. (c) If the owner or person who has the right to control the animal wishes to challenge the impoundment, he shall personally deliver or mail a written request for a hearing such that it is received by the Poundmaster within seventy -two (72) hours of the seizure and impoundment. (d) The Poundmaster shall promptly set the time and place for the hearing before him which shall be not more than seven (7) days after receipt by the poundmaster of a request for hearing, and shall cause notice of such hearing to be deposited in the mail to the party requesting a hearing at least five (5) days before the date of the hearing. (e) The hearing shall be conducted as set forth in Section 8 -12." Section 5: Section 8 -17 of the Saratoga City Code is hereby amended, to read as follows: "Set. 8 -17 - Animal bites; quarantine, violation and examinations. (a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to the animal control division or health officer with full information in regard to the incident. (b) Upon receipt of such a report, an animal contorl officer shall seize and quarantine such animal for a period of fourteen (14) days or such other period as may be prescribed by the state department of health. The health officer may order the owner to quarantine the animal on his premises. Rev. 10/17/84 -3- t (c) Any person who fails, refuses, or neglects to quarantine any animal as ordered by the health officer, or who refuses to allow the health officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the health officer. (d) The health officer may charge a fee, as set forth in a resolution of the Board of Supervisors, for the County's costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual costs of the health officer in housing, feeding and otherwise caring for a quarantined animal. (e) The head of any animal which dies or is destroyed while under quarantine shall be submitted to the laboratory of the County Health Department for rabies examination. Section 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaiing portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 7: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the day of 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Rev. 10/17/84 -4- Mayor f CITY OF SARATOGA AGENDA BILL NO. 705 DATE: September 24, 1984 DEPARTMENT: Community Development SUBJECT: QUITO ROAD BIKE PATH Issue Sunu ary Recommendation Fiscal Impacts Initial: Dept. Hd.___J&A C. Atty. C . mgr. On May 2, 1984 the City awarded the contract for -Quito Road Bike Path to Saldivar Construction, Inc. of Mt. View in the amount of $29,647.00. This project was a combination of two approved TDA projects. The total cost of construction came to $25,049.09. The contractor's portion of the project is completed and is now ready for acceptance. The approved TDA allocations for this project were as follows: Phase I ( Allendale to Yor%ton)- $20,000 Phase II ( Yorkton to Baylor)- 21,000 for a total of $41,000 Approve the final acceptance and file the Notice of Completion on the above project. Construction: Engr. & Insp: Printing -& Advertisir Total Project Cost Reimbursed by TDA (9/30/84) To Be Claimed at a later date- 11 -15• $25,049.09 3,694.43 gi 227.72 $19,561.12 3,694.43 227.72 $2,759.19 Coo 0*71 ') n 'I no*3 0"7 n In Total Cost to City-: $28,971.24 - (23,483.27 + 2,759.19)= $2.728.78 —1'==1tS/Attactumnts 1. Notice of Completion 2. Final Progress Payment 3. MTC approval letter for claim request Council Action 93 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO I Name 11"', Add... s d L J c "- SPACE ABOVE THIS LINE FOR RECORDER'S USE 'N1tirr of (IAIltpirttiot XilftrP herebygiven that....... I .............. . the undersigned, ..J: 1Vayne Dernetz t5 .......................... .................... ............................................................................................................ ............................... ............................. /lhe agent of]* the owner...... of tit............. certain lot............ piece..............., or, parcel ............. of land situated in the .� ?.ty of Sarato$ a............. ............................... County of ............................................... ............................... State of California, and described as follows, to -wit: J QUITO ROAD BIKE PATH That... C tY.... Qf.. S4TA tQ.9 a ................................................................... ............................... ................................................. ............................... . as owner...... of said land, did, on the sd x.th...... day of... J.un.e ............. ............................... 19 .84............ , enter into a contract with ......................... Saldivax...CQZiS.t.T:u.Qt.7.Qn ..... I. nQ .......................................... ............................... for ................... Qu G.o..Roa.d..i.i ko.. P. a. th.............................................................. ............................... ................................................................................................................................. ............................... ................................................................................................................................. ............................... upon the land above described, which contract was filed in the office of the county recorder of the ............... ......................... county of .................................. ............................... , State of California, on lltc................. ............................... day of ................. ............................... , 19 ............; That on the... thi Xt.y...£irst ................... day of ... August.. ............................... 19 ..8.4.... the said contract or work of improvement, as a whole, was actually completed by the said ................... ............ $.aldi vax...C.o.ns.t r.uc.ti Dn,... Inc_ ..................................................... ..............................: 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 ........................ ............................... ................................................................................................................................. ............................... ................................................. ............................... STA TE OF CA LIFORNIA City o£. ..Sarato.ga ... Owner ............ liy ............... ............................... " ' J . IVayne . r Dernetz ,tejlt COunhof ............................. ............................... .......................................................................................................................... ............................... being duly sworn, ... Dexme.tz ..................................... ...................... I ant .......... (the agent ofd* the owner...... of the property described in the foregoing notice. I have read the foregoing notice and know the contents thereof; and the same is true of my own knowledge. Subscribed and sworn to before me this .......................... day uf...................... 19.......1 ................................................. ............................... ........................................... ............................... J ................................................ ............................... ' Delete words in brackets if owner signs. cry' clbrtrt-\ tr' 7' ro= NOFt(' ,YOt�C'BMPttT10N�fiYOWtfF.k- /". ".R�i�9}ry prllrtcQ+ry"/t �t K PROGRESS PAY ESTI14ATE PROJECT: QUITO ROAD BIKE PATH City of Saratoga CONTRACTOR: SAT,DTVAR CONSTRI_TTON. INC. 13777 Fruitvale Avenue DATE: September 10,1984EST. NO. 2 Saratoga, CA. 95070 ADDRESS: P.O. Box 338 FROM: 6/26/84 _ TO: 8/31/84 Mt. View, CA 94042 1'inuncr. T mnn 4Q ,)- 471 -n66 n11b aaiA 'n..A +� Vnrkrnn lr_2HONE�,i 415) 961 -2197 UNIT WORK DONE 4ORK DONE TOTAL v ° WORK ITEM DESCPIPTION UANTITY' -. UNIT .PRICE TOTAL. PREVIOUS ES THIS EST. WORK DONE TOTAL DUE- -DONE REMARKS 1 clearing & grubbing lump sum L.S.- - - - -- 7,700.00 100% 0 100% 7,700.00 100 complete 2 3" asphalt concrete 4,000 S.F. 1.15 4,600.00 3,382 0 3,382 3,889.30 84.61 complete 3 1Y' A.C. Overlay 1,300 S.F. 0.56 728.00 2,113 0 1. 2,113 1,183.28 162. complete 6" solid and dashed 4 white stripe 5,000 L.F. 0.19 950.00 0 4 008 4,008 761.52 80.2 complete messages and 5 arrowed lump sum L.S. - - - -- 140.00 0 100% 100% 140.00 100% complete 6 R -81 signs 7 ea. 71.50 550.00 0 7 7 550.00 100% complete --T TOTAL CONTRACT AMOUNT: $14,668.00 RECORD OF PREVIOUS PAYMENT TOTAL DUE: $14,224.10_ P.O.# 17767 EST. NO. DATE AMOUNT MADE BY i 8 A 1422-41 FUND # 47 DATE LESS 10% RETENTION: 1 7/18/84 $11, 495.32 CHECKED BY: /,t TOTAL PAYMENT: 12,801.69 ACCT. # 4522 DATE ROVED BY: LESS PREVIOUS PAYMENTS: 11 49r -19 PROGRAM # 936 Director of C mmuni y Development Date PAYMENT DUE THIS EST.: $1,306.37 1 DIVISION # 72 TOTAL: $11,495.32 SHEET ]_ OF _2 ,f Lj�ntADZ 11 I IrO J- e IULKLU11 UL. LU na 1 i HVe. PROGRESS PAY ESTI14ATE PROJECT: QUITO ROAD BIKE PATH City of Saratoga CONTRACTOR: SALDIVAR CONSTRUCTION, INC. 13777 Fruitvale Avenue DATE: September 10,1984;5_. NO. 2 Saratoga, CA. 95070 ADDRESS: P.O. Box 338 Mt. View, CA 94042 FROM: 6/26/84 TO: 8/31/84 PHONE: ( 415 ) 961 -2197 Lj�ntADZ 11 I IrO J- 1U /O -UOU IULKLU11 UL. LU na 1 i HVe. UNIT WORK DONE WORK DONE TOTAL u ° WORK ITEM DESCPIPTION QUANTIT.f. UNIT PRICE TOTAL... PREVIOUS ES THIS EST._ WORK DONE -TOTAL-DUE- DONE REMARKS 1 clearing and grubbing lump sum L.S. - - - - o clearing & grub -- ----- - - - - -- --------- -------- __________ ____ ing on this phase 2 3" asphalt concrete 6,000 S.F. .15 6,900.00 4,080 0 4,080 4 complete 3 1k" A.C. Overlay 10,700 S.F. .56 5,992.00 7,625 0 7,625 complete 4 & dashed white stripe 6,000 L.F. .19 1,140.00 0 4 821 4,821 complete 5 painted messages and arrows lump L.S. - - - - -- 210.00 0 100% 100 complete 6 R -81 signs 11 Ea. 71.50 737.00 0 11 11 7,17 QQ complete TOTAL CONTRACT AMOUNT: RECORD OF PREVIOUS PAYMENT $14,979.00 TOTAL DUE: $10,824.99 P.O.# 17767 EST. NO. DATE AMOUNT MADE B 9 /O 84 1,082.50 FUND # 4 7 LESS 10� RETENTION: DATE 7/18/84 CHECKED BY: PAYMENT: 9,742.49 ACCT. # 4522 DATE TOTAL APP VE BY PROGRAM # 936 LESS PREVIOUS PAYMENTS: 2 Q 6 Director of Community Development ba e PAYMENT DUE THIS EST.: $1,676.69 DIVISION # 72 TOTAL: $8,065.80 SHEET 2 OF 2 MTC METROPOLITAN TRANSPORTATION COMMISSION Q oir September 17, 1984 METROCENTER 1018TH STREET OAKLAND, CA 94607 (415)464 -7700 William Parsons Santa Clara County Auditor - Controller JOSEPH P. BORT VALANCE GILL Santa Clara County. Transportation Agency. contra Costa County 1555 Berger Drive, Room 203 ROBERT I.SCHRODER San Jose, CA 95112 — Vice Chair STEVE WEIR Attn: Ms. Donna Mahin Mann County ROBERT 6.STOCKWELL Dear Mr. Parsons: Napa County WILLIAM L. `HEW By letter of September 13, 1984 ( copy enclosed) , the City of Saratoga San Francisco — City and County requested disbursement authorization for a combined total of DORISW.KAHN $23,483.27 of FYs 1981 -82 and. 1982 -83 TDA Article 3 pedestrian /bicycle - QUENTIN L. CO" funds to be used for the Quito Road Pathway Project. San Mateo JANECounty MTC has approved the City of Saratoga I s request. Enclosed are MTC ARLINGREGORIO Disbursement Authorizations Ref. Nos. 82- 971 -060 and 83- 1078 -080 Santa Clara County authorizing drawdown of these funds. Please release the money to the ROD DIRIDON City. of Saratoga at your earliest convenience. ROY E. LAVE Solano County WILLIAM JENKINS Sonoma County WILLIAM R. LUCIUS Association of Bay Area Governments RALPH C. BOLIN S. F. Bay Conservation and Development Commission EARL P. MILLS State Business, Transportation and Housing Agency BURCHBACHTOLD U.S. Department o1 Transportation ROBERT F. MOER Executive Director LAWRENCE D. DAHMS Deputy Lsecutive Direow WILLIAM F. HEIN If you have any questions regarding this matter, please call Leticia Munguia at (415) 464 -7793. Very truly yours, William F. Hein Deputy Executive Director LM /vb enclosures cc: Robert S Shook, City of Saratoga ' 198«: 198.' RECEIVED MTC 1981 ING 1:s7717 FRULTVAI.E :1VENUI: • S.;Ul.ATOGA, C.A1,1FORNIA 05070 ( :1081 867- 3-1:38 OFFICE: Community Development September.13, 1984 Shanna O'Hare, Planning Metropolitan Transportation Commission 101 Eighth Street Oakland, CA. 94607 COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Fanelli Joyce Hlava David Moyles RE: Quito Road Bike Path - Allendale Avenue to Yorkton Dr. - TDA #82 -971 -0 'and Yorkton Dr. to Baylor Avenue- - TDA #83 -1078 -080 Dear Ms. O'Hare: Attached please find cost breakdowns and documentation of costs that we have incurred in the construction of the Quito Road Bike Paths which were funded for fiscal year 1981 -82 and fiscal year 1982 -83. The costs are as follows: I. TDA #82- 971 -060 A. Construction (Saldivar Construction, Inc.) - - -- $11,495.32 B. Engineering and inspection (City of Saratoga 2,229.67 C. Printing (San Jose Blue Print) ---------- - - - - -- 67.10 D. Advertising (Meredith Newspapers)------- - - - - -- 46.76 Subtotal: II. TDA #83- 1078 -080 A. Construction (Saldivar Construction Inc.) ---- B. ' Engineering and Inspection (City of Saratoga C. Printing (San Jose Blueprint) --------------- D. Advertising (Meredith Newspapers) ----- - - - - -- Subtotal Total Amount: $13,838.85 ✓ $ 8,065.80 1,464.76 67.09 46.77 $ 9,644.42 $23,483.27 With these documentations, we can anticipate receiving the monies allotted. There will be an additional claim for payment under TDA #83- 1078 -080 prior to 12/31/84. If you should have any questions or comments, please contact either Erman Dorsey of this Department or Steve Peterson, Finance Director. Very truly yours I Robert S. Shook CITY OF SARATOGA AGENDA BILL NO. '706 DATE: 9/24/84 DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: A -1001 - Lazlo and Anna Sipos, Allendale Ave., Appeal of Planning Commission ----- - - - - -- Denial of New Single Family Residence Design Issue Summary The applicant applied for Design Review Approval fora 6,600•sq. ft. two -story residence on Allendale Ave. in the R -1- 20,000 zoning district. The square footage of the lower floor includes 840 sq. ft. for a garage and shop and 2,460 sq. ft. designated as basement by the applicant. This area extends more than 2 ft. above the ground and, therefore, is counted as floor area by City ordinances. The standard square footage allowed in the R -1- 20,000 zoning district is 4,800 sq. ft. Most of the surrounding residences are one - story. Recommendation '�'Hold the public hearing and make your determination. Staff recommended denial. Fiscal Iipacts N/A Exhibits /Attachments 1. Staff Report dated 8/16/84 2. Exhibit "B" ' 3. Minutes of Planning Commission, 8 /22/84 4. Letter of Appeal dated 8/29/84 Council Action 5. Petition from neighbors 10/3: Approved appeal 3 -2 (Clevenger, Moyles opposed). l REPORT TO PLANNING COMMISSION DATE: 8/16/84 Commission Meeting: 8/22/84 SUBJECT A -1001, Lazlo & Anna Sipos, Allendale Avenue ---------------------------------------------------------------------- - - - - -- ACTION REQUIRED: Design Review Approval for a two -story residence on an in -fill site which exceeds the 4,500 sq. ft. Design Review Standard. OTHER APPROVALS RECEIVED /REQUIRED: The site received Tentative Site Approval on August 8, 1984 SDR -1575. Prior to building, Final Site Approval and a Building Permit are required in addition to Design Review Approval. PLANNING CLASSIFICATION ZONING: R -1- 20,000 GENERAL PLAN: Low Density Single Family SITE DATA PARCEL SIZE: 21,010 sq. ft. NATURAL FEATURES & VEGETATION: Several significant trees and smaller fruit trees on a fairly flat site. AVERAGE SITE SLOPE: 2.5% GRADING REQUIRED: Cut: 15 Cu. Yds. Cut Depth: 3-1, Ft. HEIGHT: 23'6" IMPERVIOUS COVERAGE: 34% Fill 15 Cu. Yds. (for driveway) .Fill Depth: 2.5' SIZE OF STRUCTURE: First Floor 3,300 sq. ft. *Lower Floor 3,300 sq. ft. (includes 840 sq. ft. of garage Total Square Footage: 6,600 sq. ft. & shop) *This lower floor is more than 2' above the ground (it will be 4' above the ground) and Report to Planning Commiss4n� A -1001, Sipos, Allendale Ave. 8/16/84 Page 2 therefore, is not .a basement as defined by the Design Review Ordinance. The applicant states that it is to be a storage area and will only have a height of 7'6 ". COLOR & MATERIALS: Brick, stucco painted an earth tone, shake roof. COMPLIANCE: The proposed residence complies with setback, height and impervious coverage requirements. It exceeds the 4,800 sq. ft. of Design Review Standard by approximately 1,800 sq. ft. OTHER: Enclosed is a petition from the three adjacent neighbors stating they have seen the plans and approve of them. FINDINGS: 1. Unreasonable.Interference with Views or Priva The proposed residence will not significantly interfere with views or privacy of the adjacent owners. The first floor study and bedroom will overlook the neighboring property, but the adjacent residence has a garage on this side. Landscaping for screening would mitigate these impacts. The proposed deck is 58' from the rear property line. 2. Preservation of the Natural Landsca The proposal does not result in significant grading or tree removal. 3. Perception.of Excessive Bulk The residences on Allendale in the same zoning district and behind the proposed resi- dences are one story and appear smaller in size except for the adjacent home, owned by the.applicant. Homes across the street are on 40,000 lots (which allows 6,200 sq. ft. standard residences) and are generally one story. The vacant lot across the street has had an approval, after modification, for a two -story home, 6,682 sq. ft. in size (A -924, Barr). This proposed house would have more bulk than the majority of homes and exceeds the standards by 1,800 sq. ft. Staff cannot make this finding. 4. Compatible Bulk & Height The height and size of the proposed residence is not compatible with surrounding homes as most are much smaller, single story residences. Additionally, the subject residence does exceed the standard floor area for the zone. Staff cannot make this finding. 5. Gradinq and Erosion Control Standards The proposal meets grading and erosion control standards. RECOMMENDATION: Staff recommends denial having been unable to make Findings #3 and 4. If the Commission wishes to approve the project, the necessary findings are required and staff would recommend the following condition: 1. Landscaping for screening of the study and bedroom windows from the yard to the east shall be installed prior to final building approval or a bond may be posted to insure installa- tion within six (6) months from final building approval. Approved: �, ✓�i�,� Kathy./Kerd6t % P.C. Agenda: 8/22/84 Planner WE Owl PIP 40 mom WII iii j.�- _ :.� IN . oil 9 Commission Minutes 8/22/84 5DR- 1576, A -997 and V -652 (cont.) Page 8 parking required by the theatre currently, and the fact that this .use requires less parking is another basis. The findings for the rear yard setback were discussed. Staff commented that the applicant now proposes an 11 ft. rear yard and 17 ft. is required. Com- missioner Peterson made the findings for that variance, based on the fact that the applicant has dedicated an additional 8 ft. right of way. Commissioner Crowther also commented that the setback will be greater than that of the existing building, so it actually is an improvement. Commissioner McGoldrick seconded the motion to approve V -652. The motion was carried unanimously 6 -0. Commissioner Peterson moved to approve A -997, per the Staff Report dated August 1, 1984, with the following changes: Condition 1 to read: "The structure shall be no higher than 32� ft. maximum in its front elevation measured from top of roof." Condition 2 was deleted. It was noted that the approval would be per Exhibit B -1. Commissioner McGoldrick seconded the motion, which was carried unanimously 6 -0. Commissioner Peterson moved to approve SDR- 1576, per the Staff Report dated August 1, 1984, amended as follows: The width of the sidewalk shall be 6 ft. and therefore the street is 32 ft. The brick sidewalk shall be put in front, to be consistent with the adjacent property. Condition II -M was amended to read 21 ft. and II -N amended to read 20 ft. Mr. 11eid asked for clarification of Condition II -C regarding the 30 ft. half- street on Third Street. Staff stated that they would review this and inform the applicant as to what the width on both II -C and II -D should be. There was a consensus that this would be left to Staff, and it can come back to the Commission if there is a problem. There was also a consensus to leave the two parking spaces in the back and to keep the tree planting area near the parking district, as shown in Exhibit B -1. Commissioner McGoldrick seconded the motion, which was carried unanimously 6 -0. It was clarified that the Commission has no choice relative to leaving the Vi.taphone Theatre on this site. 9. A -1001 - Lazlo and Anna Sipos, Request for Design Review Approval to construct a two -story single family residence with a total floor area which exceeds the 4800 sq. ft: allowable floor area standard next to 18883 Allendale Avenue in the R -1- 20,000 zoning district Staff explained the project, indicating that the main issue is that the lower floor of this proposal is more than 2 ft. above ground, and therefore is not considered a basement under the definition of the Design Review Ordinance. They recommended denial, having been unable to make the findings. The public hearing was opened at 10:23 p.m. Mr. Sipos, the applicant, gave a presentation on the project. He stated that the lower floor is a substandard floor and is not considered to be living area and should not be included. lie indicated that it is considered clearly for storage and is substandard in height and lighting. He disagreed with the find- ings, stating that he feels the comparison of the structure to be with the structures on Allendale, since they are larger parcels, and not with those behind Allendale. lie noted that the neighbors are in support of the proposal. Mr. Sipos described the basement area, indicating that he was going to store a speedboat and antique furniture there. He commented that he feels that, relative to environmental impact, it would be better to utilize the basement rather than cluttering up the land with another accessory structure. Dis- cussion was held on the definition of a basement. Commissioner 1-Iarris'commented that the home looks like a 2 -story house from the back. Commissioner McGoldrick stated that, aside from the basement issue, she cannot make the findings for the 1,000 sq. ft. that it is over. She com- mented that maybe the City Council is the body to decide, because the Commis- sion is bound by the ordinance. She added that she cannot make the findings #3 and 114. Commissioner Harris moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to deny A -1001, per the Staff Report and Exhibit B. Commissioner Crowther commented that the lot size, in his view, is also an - 8 - g Commission Page 9 ,g Minutes 8/12/84 A -1001 (cont.) issue. lie stated that if this lot were larger and similar to the other lots on the street, which have larger homes, lie would feel differently about it. lie indicated that he is going to vote for the motion and lot size is a big factor in his decision. Commissioner McGoldrick agreed. Commissioner Harris seconded the motion, which was carried unanimously 6 -0. The 10 -day appeal period was noted. 10a. Negative Declaration - SDR -1578 - William Lisac 10b. A -1.003 - William Lisac, Request for Design Review and Tentative Build - 10c. SDR -1578 - ing Site Approval for a two- story, single- family dwelling over 26' in height on a hillside lot in the NHR District at 21045 Comer Drive The project was explained by Staff. They noted that they were unable to make the findings and were recommending denial of the Design Review and approval of the Building Site. Commissioner McGoldrick gave a Land Use Committee report. She stated that there had been some discussion about the possibility of the City Geologist giving an alternative whereby it would be closer to the creek and further off the top of a knoll. However, if that does not come through, she indicated that there was no opposition on the part of the applicant to put landscaping on all sides of this house. Commissioner Harris commented that the applicant had stated that the property is not for sale, and Mr. Layne specifically indicated that this house is designed for the Lisac family of six children. Commissioner Crowther asked about the required lot size in the NHR district. He stated that he objects to the statement in the Staff Report that it meets all of the requirements of the Zoning and Subdivision Ordinances, since it is really a substandard lot for the NHR district, which he feels can be a factor in the bulk issue. Staff commented that it is a substandard lot, but since it is a pre - existing legally created, nonconforming lot, it is still consistent with the ordinances. The public hearing was opened at 10:41 p.m. Michael Layne, representing the applicant, gave a presentation on the project, explaining the topography and the proposed grading. He noted that the appli- cant would like to move the house closer to the creek side if geology permits. He submitted a drawing, discussing windows, deck and height of the roof. Commissioner Crowther commented that it was his understanding, when the ordi- nances were implemented related to the Specific Plan or NHR, that the height was computed by taking the minimum of the structure to the maximum elevation of the structure. Staff clarified that they measure from the higliest point of the structure itself to the grade below that high point, either the finished grade or natural grade, whichever gives the greatest dimension. They added that the height is not defined differently in the NHR. Fernando Gonzales, owner of the adjacent property, agreed with the Staff Report. He discussed his privacy and preservation of the natural landscape. The drainage in the area and the proposed grading were also addressed. Yu T. Wang, 21027 Comer Drive, also agreed with the Staff Report. He listed the following concerns: (1) the distance is short and the house is looking right at his home, (2) it is not compatible with the area, and (3) the drainage pro- blem. lie stated that he could approve a one -story coupled with landscaping. He noted that the lot is on the market for sale. Bev Javahari, 12881 Corte de Arguello, stated that her property abuts this site. She noted concerns of drainage and the visual impact on her privacy. She agreed with the Staff Report, and requested, if this is approved, that the property to the northeast also be added to the condition regarding landscaping plans. She added that she feels that a one -story would be more in line, and submitted a letter for the record. Mr. Layne indicated that they are aware of the drainage problem. He commented that he feels the present scheme provides a solution to some of the drainage problem. Fie stated that he feels the driveway acts as a barrier to the drainage problem. The impervious coverage was discussed. Commissioner Siegfried stated that he thinks there are a lot of problems with - 9 - ,, � - •yam,' ;ri:'� AUG 2 9 1964. rr�AWINITY DEVELOP'- APPEAL APPLICATION Date Received: Hearing Date: 17e CITY USE ONLY Name of Appellant: L.ciS - 0 '5-)"p �S Address: Telephone: 6z lOy 3� Name of Applicant: Project File No.: Project Address: Project Description:C Decision Being Appealed: 1 5;Q►, QQ- „J►e,w d2nI', � (�.^ S+q-(k” Grounds for the Appeal (Letter may be attached): R .��t'. �G,iG I rily �' �� LS ►'L :;� S-�.. •.,1 � I I � z C.: �, �cs.�" t l�L 2 w � �' h, i��' , v�, fir` ( � �'•C�•i � I ♦ . • v � J � V ✓ `� �iO �/� � v y� �� � ! \ \ 1�r� �� \V� � V � 1 rtc� Lj-+2. �...�ti.�c,,ce.a io . �� S�c>,.�I� 5L1�S�: S�ocy t`�.S'�d�'.►'�.C�S bQ'twq -' , Kiln >� iac� yes Uv.c� co�1a� ►��� ;��:t� w��p:�� ►t� b,;lk to a Appellant's Signature *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 TPP. nATF. or. TPP nrrTgTnv We the undersigned. neighbors do not abject the Sipos family to build. their home as indicated. on this plan. v � , enc/6t /-z- Cow /0 9h1: 0Ile dale-, It C. 144! WCL) 198 F FRP41T Rr1/1"."1 CITY Or SAR11I` Qr ~AG;aIDA BILL NO. 707 DATE: September 21, 1984 CEPARTMENT: Community Services Initial: Dept. Hd. C. At . C. Mgr. SUaJECr: Replacement of City Representative to the County HCDA Citizens Advisory_Committee Issue Summary Larry V. Hughes has served as the City's representative to the Santa Clara Urban County Housing and Community-Development Act Program, Citizens Advisory Committee since February, 1982. Current time demands of his business dictate that he can no longer represent the City on the CAC. Recommendation ' Send letter commending Mr. Hughes for his valuable service to the City (attached) and begin recruitment for a new City representative to the CAC. It is also recommended that the Volunteer Center be utilized to recruit our new CAC representative. This is a departure from our previous recruitment procedure for this committee, however, the Volunteer Center was not in existance� when previous recruitments were undertaken. Fiscal Imoacts None E- hibits /Attachments 1. Letter of resignation 2. Staff Report 3. Letter and Certificate commending Mr., Hughes Council Action from Mr. Hughes of Appreciation from City Council r CARDINET, HUGHES AND COMPANIES CARDINET- HUGHES PENSION SERVICE, INC. • THE CLAYTON INSURANCE AGENCY, INC. SINCE 1867 Walter M. Cardinet Larry V. Hughes, CLU Barry W. Cummings Bernard J. Clinton, CLU Ulrich Storz, CLU Kendall J. Parsons September 5, 1984 Stan Carnekie City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Stan: Due to the time requirements of my business, it has become impossible for me to continue to serve as the City of Saratoga representative to the BCD Advisory Committee. The past several years as Saratoga's repr-esent-ative has been very worthwhile and informative. I would like to thank the City Council for having appointed me to this position. Effective immediately, I am resigning from this posi- tion. Sincerely, Larry V. Hughe 1390 S. WINCHESTER BLVD. SAN JOSE, CALIFORNIA 95128 (408) 370 -1266 9919W o 0&MZ19QX5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 September 21, 1984 Memorandum to: Community Services Director From: HCD Coordinator Subject: Replacement, due to resignation, of the City representative to the Urban County HCDA Citizens Advisory Committee (CAC) Larry V. Hughes has served as the City's representative to the CAC since February, 1982. The current demands of his business dictate his resignation. The CAC is the policy recommending body to the HCD Council Committee for the operation of the Urban County CDBG Program. Membership consists of one City Council- appointed representative from each participating jurisdiction (non- entitlemen£�' city) and one appointee by each county supervisor, with two additional at- large members. The CAC averages one meeting per month. These are held at the County Government Center, usually on the second Thursday, from 7:00 to 10:00 p.m. The Urban County Block Grant Program will be undergoing some restructuring, reevaluation of priorities and general refinement subsequent to the execution of a new three - year Joint Powers Agreement. For these and other reasons it is advisable that the City appoint a new CAC representative as soon as possible. I would suggest use of the Saratoga Volunteer Program as the primary recruitment vehicle for filling the vacancy. Mr. Hughes has served the City well over the past several years, presenting and advocating for the City's position on various Housing a d Community Development issues. The attached letter of commendation is presented for City Council consideration. ]m Enclosure