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09-10-2003 Planning Commission Packet
CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE Wednesday, September 10, 2003 - 7:00 p.m. PLACE Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE Regular Meeting ROLLCALL• Commissioners Cynthia Barry, Mohammad Garakam, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter ABSENT: None STAFF Planners Oosterhous &z Welsh, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES' Draft Minutes from Regular Planning Commission Meeting of August 27, 2003. (APPROVED 6-0-1, SCHALLOP ABSTAINED) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Plamm~g Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Plamm~g Commission may instruct staf f accordingly regarding Oral Communications under Planning Commission direction to Staf f REPORT OF POSTING AGENDA Pursuant to Government Code 54954 2, the agenda for this meeting was properly posted on September 4, 2003 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90 050 (b). CONSENT CALENDAR 1. RESOLUTION OF APPROVAL #03-035, APPLICATION #03-150 - ALAIN PINEL REALTORS, 12772 Saratoga-Sunnyvale Road; Staff has prepared a resolution of approval for adoption by the Planning Commission following their motion at the August 27, 2003 meeting to permit black lettering and a gold logo for Alain Pinel Realtors, a tenant at the Saratoga Oaks Center. (CHRISTY OOSTERHOUS) (APPROVED 6-0-1, SCHALLOP ABSTAINED) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 2. APPLICATION #03-146 (397-19-013) AHN, 19615 Saratoga-Los Gatos Road; -The applicant requests design review approval to construct aone-story single-family residence greater than 18 feet in height, which requires Planning Commission approval. The maximum height of the proposed residence is 24 ft. The proposed residence including garage will be 5,482 square feet. Materials and colors include, a beige stucco exterior and brown the roof. The gross lot size is 42,776 square feet. The property is zoned R-1 40,000 and the lot is triangular m shape. (CHRISTY OOSTERHOUS) (APPROVED 6-1, GARAKANI OPPOSED) 3. APPLICATION #03-150 (393-21-006) AT~T Wireless, 13000 Glen Brae Drive; -Request for use permit approval to install six panel antennas and an equipment enclosure at the location of an existing utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and Chardonnay Court. Irrigation and landscaping are proposed. (CHRISTY OOSTERHOUS) (APPROVED 7-0) 4. APPLICATION #02-182 (389-14-037) DORCICH ORCHARD SUBDIVISION, 13089 Quito Road; -Request for Plamm~g Commission approval of a seven lot subdivision of the 1.97 acre property located at the corner of Quito Road and Martha Drive. The R-1, 10, 000 zoned parcel would be subdivided into lots ranging from 10,072 square feet to 12,356 square feet. Six of the lots would take access from the proposed private cul-de-sac. The seventh lot would take access from McFarland Street if a lot line change were approved for Lot 3. The existing historic farmhouse would be restored and moved onto Lot 4, which is at the end of the cul-de-sac. (ANN WELSH) (DIRECTION FOR RESUBMITTAL WITH A MAXIMUM OF 6 LOTS, NEIGHBORHOOD MEETING AND A STUDY SESSION, 7-0) 5. APPLICATION #03-176, (CITYWIDE) -CITY OF SARATOGA; -Multiple Zoning Ordinance Amendments updating and expanding Section 15-06: Definitions, of the Saratoga Code. The proposed amendments to Article 15-06 provide for consistency between ordinance requirements and long time practices as well as simplifying the rules. (THOMAS SULLIVAN) (APPROVED TO CONTINUE TO SEPTEMBER 24, 2003, 7-0) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on August 6, 2003 ADJOURNMENT AT 10:30 PM TO THE NEXT MEETING - Wednesday, September 24, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would hke to receive the Agenda's via e-mail, please send your e-mail address to pl~ulnin~,~(~?~arato 7a~us • CITY OF SARATOGA PLANNING COMMISSION LAND USE AGENDA DATE: Tuesday, September 9, 2003 -12:00 noon PLACE City Hall Parlang Lot,13777 Fruitvale Avenue TYPE' Land Use Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, SEPTEMBER 10, 2003 ROLL CALL REPORT OF POSTING AGENDA • AGENDA 1. Application #03-146 - AHN Item 2 19615 Saratoga-Los Gatos 2. Application #02-182 - DORCICH ORCHARD Item 4 13089 Quito Road 3. Application #03-150 - AT &t T WIRELESS Item 3 13000 Glen Brae Drive LAND USE COMMITTEE . The Land Use Committee is composed of interested Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission agenda. The site visits are held on the Tuesday precedmg the Wednesday hearing, between 12 00 p.m and 2.00 p.m. It is not necessary for the apphcant to be present, but you are invited to~oin the Comrruttee at the site visit to answer any questions, which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE Wednesday, September 10, 2003 - 7:00 p.m. PLACE Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE. Regular Meeting ROLL CALL Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of August 27, 2003. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on thu agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may Instruct staf f accordingly regarding Oral Communications under Plamm~g Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 2003. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR RESOLUTION OF APPROVAL #03-035, APPLICATION #03-150 - ALAIN PINEL REALTORS, 12772 Saratoga-Sunnyvale Road; Staff has prepared a resolution of approval for adoption by the Planning Commission following their motion at the August 27, 2003 meeting to permit black lettering and a gold logo for Alain Pinel Realtors, a tenant at the Saratoga Oaks Center. (CHRISTY OOSTERHOUS) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 2. APPLICATION #03-146 (397-19-013) AHN, 19615 Saratoga-Los Gatos Road; -The applicant requests design review approval to construct aone-story single-family residence greater than 18 feet in height, which requires Planning Commission approval. The maximum height of the proposed residence is 24 ft. The proposed residence including garage will be 5,482 square feet. Materials and colors include, a beige stucco exterior and brown the roof. The gross lot size is 42,776 square feet. The property is zoned R-140,000 and the lot is triangular in shape. (CHRISTY OOSTERHOUS) 3. APPLICATION #03-150 (393-21-006) AT~T Wireless, 13000 Glen Brae Drive; -Request for use permit approval to install six panel antennas and an equipment enclosure at the location of an existing utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and Chardonnay Court. Irrigation and landscaping are proposed. (CxRISTY'OosTERxous) 4. APPLICATION #02-182 (389-14-037) DORCICH ORCHARD SUBDIVISION, 13089 Quito Road; -Request for Planning Commission approval of a seven lot subdivision of the 1.97 acre property located at the corner of Quito Road and Martha Drive. The R-l, 10, 000 zoned parcel would be subdivided into lots ranging from 10,072 square feet to 12,356 square feet. Six of the lots would take access from the proposed private cul-de-sac. The seventh lot would take access from McFarland Street if a lot line change were approved for Lot 3. The existing historic farmhouse would be restored and moved onto Lot 4, which is at the end of the cul-de-sac. (ANN WELSH) 5. APPLICATION #03-176, (CITYWIDE) -CITY OF SARATOGA; -Multiple Zoning Ordinance Amendments updating and expanding Section 15-06: Definitions, of the Saratoga Code. The proposed amendments to Article 15-06 provide for consistency between ordinance requirements and long time practices as well as simplifying the rules. (THOMAS SULLIVAN) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on August 6, 2003 ADJOURNMENT TO NEXT MEETING - Wednesday, September 24, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would hke to receive the Agenda's via e-mail, please send your e-mail address to planrung_@sarato ag ca.us • MINUTES SARATOGA PLANNING COMMISSION o DATE: Wednesday, August 27, 2003 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hunter called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi Absent: Commissioner Schallop Staff: Director Tom Sullivan and Associate Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of July 23, 2003. . Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Barry, the Planning Commission minutes of the regular meeting of July 23, 2003, were adopted with a correction to page 6. (5-0-1-1; Commissioner Schallop was absent and Commissioner Garakani abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 21, 2003. REPORT OF APPEAL RIGHTS Chair Hunter announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR • There were no Consent Calendar Items. Saratoga Planning Commission Minutes of August 27, 2003 Page 2 *** PUBLIC HEARING - ITEM NO.1 APPLICATION #03-150 ALAIN PINEL REALTORS: Appeal of An Administrative Decision: Alain Pinel Realtors, located in the Saratoga Oaks Shopping Center near the intersection of Cox Avenue and Saratoga-Sunnyvale Road, has filed an appeal of an administrative decision made pursuant to Municipal Code Section 15-30.070, Criteria for review of application. The administrative decision included the denial of a sign permit, which was not in compliance with the sign program for the center. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that Alain Pmel Realtors is appealing the administrative denial of a Sign Application to allow the replacement of existing blue lettered signage with new signage consisting of black lettering with a gold logo. • Explained that the Sign Program approved for the Saratoga Oaks Shopping Center, located on the southeast corner of Cox and Saratoga-Sunnyvale Road and constructed in 1987, restricts signs to white or blue lettering. • Added that the goal of the Planning Commission at the time of that approval was to establish a unifying theme. • Stated that all existing tenants of the Saratoga Oaks Shopping Center have blue or white lettering for their business signs. • Recommended denial. . Commissioner Barry asked whether the shopping center could petition for review or redesign of this Sign Program. Director Tom Sullivan said they could make an application to revise the approved Sign Program, which would come before the Planning Commission in a public hearing format. Alternately, the Commission could elect to rescind the Sign Program entirely. Commissioner Nagpal asked whether approving this request would represent an Exception, a Variance or a discretionary action and what findings would be required. Director Tom Sullivan advised that rescinding the Sign Program would be an action of the Planning Commission if this appeal were upheld. Chair Hunter asked whether the repainting of the Shopping Center would require approval. Director Tom Sullivan replied that he would have to review the original approval to see if changing the building colors would require review and approval. Commissioner Garakani asked why this is considered a Variance. Director Tom Sullivan clarified that this is not a Variance application. The Planning Commission established a Sign Program and the Planning Commission could amend or abolish this Sign Program. If it were a Zoning Ordinance issue, a Variance would come into play. Saratoga Planning Commission Minutes of August 27, 2003 Page 3 Commissioner Uhl asked whether Director Tom Sullivan is saying the Commission cannot make an • Exception. Director Tom Sullivan assured he was not saying that but rather that an Exception to this Center's approved Sign Program could be made, waving the requirements of the Sign Program. Chair Hunter asked if this would represent a precedent. Director Tom Sullivan replied yes. Commissioner Barry asked if approving an Exception to this Sign Program results in rescinding the Sign Program. Director Tom Sullivan replied essentially. Commissioner Uhl pointed out that any future request that is contrary to the approved Sign Program would still have to come before the Planning Commission. Chair Hunter opened the Public Hearing for Agenda Item No. 1. Mr. Paul L. Hulme, Founder/Owner of Alain Pinel Realtors: • Said he appreciated the opportunity to come before the Planning Commission. • Said that he has been in Saratoga since 1961 and that 44 members of his family reside in Saratoga today. • Said that he founded Alain Pmel Realtors in 1990. • Advised that in 1996 he purchased the Argonaut Shopping Center, which was dilapidated at that time and is now the largest tax base for the City, greater than the Village as a whole. • Explained that Alain Pinel Realtors has 400 agents in Saratoga and Los Gatos alone. • Added that they are the second largest family owned business in the Silicon Valley, the largest family owned California real estate firm and the seventh largest in the United States. • Stated that of 10 elite real estate offices, five of them are Alain Pinel Realtors offices. They have 20 Alain Pinel Realtor offices nationwide. • Informed that black is their company's identifying color and said that he had distributed a packet of his proposed sign changes to the surrounding business owners. None of the other business owners objected and the landlord is also supportive. • Thanked the Commission for its attention. Commissioner Barry asked about the Alain Pinel Realtor Offices located at the Argonaut Center with green signs. Mr. Paul L. Hulme said that their office is located in a stand-alone building. At that center three sign colors are permitted -red, pink and green. Added that three letters from the sign at the Saratoga Oaks Shopping Center were recently destroyed when a truck backed onto the sign. The letters were replaced and the colors of the old and new letters do not match well. Commissioner Barry pointed out that the green sign looks wonderful. Commissioner Uhl asked why not change that one. Saratoga Planning Commission Minutes of August 27, 2003 Page 4 Mr. Paul L. Hulme replied that while he had not thought of that idea he would love to do so. Said that he is most interested in changing the sign that had been damaged. Commissioner Uhl asked if he was okay with the sign at Argonaut Center being green. Mr. Paul L. Hulme answered no, adding that there was no choice and no opportunity to use black. Commissioner Zutshi asked if the main reason for the change as a result of the damage done to the existing sign and that it would not have an adverse impact on the business either way. Mr. Paul L. Hulme said that it would not have an adverse impact on business. Commissioner Nagpal asked Mr. Paul L. Hulme if he was aware of the restrictions when he moved to the Center. Mr. Paul L. Hulme replied that he had thought that he could just go ask to change it and it would be done. Commissioner Barry restated that Mr. Paul L. Hulme understood the restrictions on color at Argonaut Shopping Center as well as at Saratoga Oaks Shopping Center. Mr. Paul L. Hulme replied yes. Chair Hunter ointed out that Alam Pinel Realtors has been at the Saratoga Oaks Center for so long P with its blue sign that when she saw the green sign at Argonaut Shopping Center she had thought to herself that the sign there should also be blue. Mr. Noel Marguis, Amcoe Sign Company, Palo Alto: • Advised that he has been doing Alain Pinel Realtors signs for 10 years. The signs consist of individual letters with no box. The proposed sign is the same size as the current and, except for color, is uniform during daytime. At night, it would look different with its halo light illumination. There is white neon located behind the letters that wash the wall with light. • Pointed out that this sign change would not be too disruptive and that the Alain Pinel Office is in a stand alone building apart from the rest of the center. • Suggested that Alain Pinel Realtors could be considered a major tenant in this Center. • Reminded that the Saratoga Oaks Shopping Center is the flagship office for Alain Pinel Realtors and that the Commission should be able to find uniqueness in this situation that can be a justification for deviation of the Center's Sign Program. Chair Hunter asked where gold would be used. Mr. Noel Marguis said that only the logo is in gold. Commissioner Barry pointed that the Santa Cruz Avenue Office in Los Gatos has gold letters. added that it is also halo li hted. Pointed out that at some point Mr. Mr. Noel Marguis replied yes and g Hulme would like to see uniformity of all Alain Pinel Realtor signs. Saratoga Planning Commission Minutes of August 27, 2003 Page 5 Mr. Brian Hanson, Manager of Site Locations for Alain Pinel Realtors: • Said that at first the blue sign was not an issue. Now, it is an issue of personal pride for Mr. Hulme. • Pointed out that corporate clients come to this location • Said that while this request may not be a big deal, they are asking for consideration. Commissioner Nagpal asked Mr. Hanson if they would be coming back to change the sign at the Argonaut Center. Mr. Brian Hanson replied that the Argonaut office is only for agents, serving as overflow office space for employees only. It is not for clients. Therefore, he doubts the change there is necessary. Chair Hunter closed the Public Hearing for Agenda Item No. 1. Commissioner Barry: • Stated that she understands the reasons for wanting to change. • Said that the first hurdle is overturning the decision of a previous Planning Commission to require a uniform Sign Program. • Said that one reason for that desire for uniformity may be the proximity to the surrounding residential neighborhoods. • Said that if there is a change, there should be a public hearing. . Director Tom Sullivan advised that the required 500-foot notice was mailed for this evening's meeting. Commissioner Barry: • Said that this does not necessarily mean that people won't be unhappy when it changes. • Said that there needs to be a unified Sign Program. • Added that changing other Planning Commission decisions should not be done lightly. • Stated that while the Argonaut Center made provisions for a major tenant, this center did not. • Suggested that if there is to be a change, it should be a change to the whole Sign Program. Commissioner Nagpal asked whether different noticing is required if there is to be a change to the overall Sign Program. Director Tom Sullivan clarified that if the Commission changes the sign for Alain Pinel Realtors, it does not mean the whole center would apply to change other signs at the Center. Chair Hunter: • Pointed out that black is not as obnoxious as red for signs. • Added that Alain Pinel Realtors has a distinctive look about it as depicted in the signs located in front of many homes on the market. Commissioner Garakani pointed out that black would match the trim and address numbers already there in black. Commissioner Nagpal: • Said that the applicant's request is one that she can live with. Saratoga Planning Commission Minutes of August 27, 2003 Page 6 • Said that once an exception is made to the Sign Program, everyone else can come back for reconsideration. • Stated her desire to understand the reason for the original decision for this Sign Program. Chair Hunter said that this is a nice looking shopping center and that the signs are handsome in blue or white letters. Commissioner Zutshi said that while she can understand that the change makes sense for this business, the Commission must consider the original decision made by the Planning Commission. Commissioner Uhl: • Agreed with Commissioner Zutshi, saying that the sign regulations were established around consistency. • Said that maintaining consistency is important but that it is also important to be business friendly. • Questioned how big or substantial an exception this really is. • Expressed understanding for the desire for name/brand recognition. • Said that while he respects the Planning Commissions of the past, he found this request to be a minor exception. • Added that he can support it as long as any other exceptions for the center come to the Planning Commission. • Stated that Alain Pinel Realtors has made big contributions to Saratoga and should be supported. Commissioner Barry asked if the Sign Program could be changed or added to say that because this is an anchor business/national company it should be given special treatment. Chair Hunter expressed concern for that suggestion in that there are many corporate logos that would not be as acceptable, such as McDonald's golden arches. Director Tom Sullivan cautioned that certain court cases prevent restrictions to deny corporate logos. Chair Hunter said that she liked the idea of this being a local company rather than a national company. Associate Planner Chesty Oosterhous suggested that the Commission might consider adding black to the Sign Program. Commissioner Zutshi said that she would lean toward an Exception in this case and leave it open for other sign applications. Commissioner Uhl agreed that it was better to have each Exception to the Sign Program come before the Planning Commission. This is preferable to outright changing the Sign Program. Commissioner Garakani suggested voting on this specific request tonight and forming a committee to consider overall changes to the Center's Sign Program. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Garakani, the Planning Commission granted an Appeal of an Administrative Decision in order to allow black lettering and a gold logo for Alain Pinel Realtors signs at the Saratoga Oaks Shopping Center on the basis that this is an anchor business and should Saratoga Planning Commission Minutes of August 27, 2003 Page 7 receive special consideration as both an anchor business and ahome-grown business, by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi NOES: None ABSENT: Schallop ABSTAIN: None ~~~ DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS The Planning Commission has requested a discussion re ag rding_an existing generator located at 14038 Chester Avenue: Associate Planner Christy Oosterhous provided the staff report as follows: • Reminded the Commission that it had requested that a discussion take place regarding an existing generator on Chester Avenue. • Said that the generator was installed and later resulted in neighbor complaints. • Said that the complaints resulted in the opening of a Code Enforcement case that was subsequently i investigated. • Advised that the investigation found the noise levels compliant during the daytime. The generator is operated for 15 minutes, one time a week for maintenance. • Stated that the City Attorney has found this generator to be exempt during times of potential flooding. • Said that as a result of the investigation and finding by the City Attorney, the Code Enforcement case was closed. • Said that the neighbor brought the issue before the Commission and the Commission asked that it be returned for further discussion and conducted a site visit. Director Tom Sullivan pointed out that the letter from the Assistant City Attorney advises that the Planning Commission lacks jurisdiction in this matter in that the Commission has authority only on certain chapters of the Municipal Code. Commissioner Nagpal sought clarification that any decisions made by the Commission would therefore not be binding. Director Tom Sullivan reiterated that there is no authority for the Planning Commission to take action. Chair Hunter questioned why so much time was spent on site. Director Tom Sullivan replied out of consideration for the neighbor. Commissioner Barry asked what could be changed to give more review in such cases, such as the requirement for a Use Permit. Saratoga Planning Commission Minutes of August 27, 2003 Page 8 Chair Hunter pointed out that there are more and more generators and questioned how they are covered in the Ordinance. Director Tom Sullivan replied that there are both daytime and nighttime noise limits. However, when operated under an emergency, there are no noise restrictions. Chair Hunter stated that 64 decibels is very loud. Director Tom Sullivan agreed. Chair Hunter asked if there is any way to recommend a different noise level for daytime uses or is this a common level. Director Tom Sullivan replied that this level is probably strict for an urban area but that it might be possible to amend the Zoning Code to require a Use Permit for generators. Commissioner Zutshi said that she would expect an approval process for a generator. Chair Hunter invited the neighbor living next door to the generator to come forward. Mr. Herb Radding, 14050 Chester Avenue, Saratoga: • Stated that he lives next door to the generator and is in fact closer to it than its owner as the generator is located very close to his bedroom. • Said that he is being denied use of his property as a result of this generator. • Pointed out that the nighttime noise level is 45 decibels. • Said that the neighboring house is 32 years old and his home is 26 years old. He is the original owner of his home while five families have resided next door. • Said that the flood control trench cannot handle water flow and goes over. There have been many floods over the years but added he cannot recall power failures ever occurring as a result of a flood. • Said that the original pool on his neighbor's property was removed and the pool house renovated. There had been a plan to replace the full size pool with a lap pool but they changed their minds and no pool was installed. • Stated that one day he saw a big propane tank and steel box installed with neither discussion on placement nor any notice. • Said he asked the City and no one was aware. • Reminded that this generator was located 75 feet away from his master bedroom window. • Said that he purchased his own DB reader and made measurements. He was astounded at the amount of noise, 75 decibels at peaks when running. • Said that the owners next door installed a dam between the properties last year to prevent flooding on this property. When there was a power outage, they ran the generator. He, however, sat in candlelight with a gas fire. • Described disclosure laws that will require him to notify potential buyers of his property of the existence of this generator so close to his home and its noise impacts. • Said he is requesting that this generator be classified as auxiliary generator and meet noise standards as such. • Said that it is important to make rules and regulations that make sense. Saratoga Planning Commission Minutes of August 27, 2003 Page 9 * Commissioner Garakani asked how long ago this generator was installed. Mr. Herb Radding replied six months or more. Commissioner Garakani pointed out that the owner says they purchased it two years ago. Mr. Herb Radding: • Said once the generator was fired up for the first time, he called the City to complain about the noise impacts. • Added that he has been working a long time since to get the noise levels down. • Suggested that in the future the siting of generators be looked at. Commissioner Uhl asked Mr. Radding for more information about an auxiliary generator. Mr. Herb Radding explained that an auxiliary generator has noise level standards both day and night while an emergency generator does not. He added that there is no emergency need for this generator. Commissioner Uhl pointed out that if the generator should operate when it is not an emergency, fines are imposed. Director Tom Sullivan reported that the fine is $100 per infraction. Mr. Herb Radding asked whom he is supposed to call when this occurs at night. Commissioner Barry: • Said that the Planning Commission has no jurisdiction. • Said that the Commission can try to do something for the future. • Reminded that the only time this generator can go on is to prevent flooding. Mr. Herb Radding asked if he could appeal to Council. Chair Hunter suggested that Mr. Radding address Council under Oral Communication. Mr. Herb Radding asked who updates Codes. Director Tom Sullivan replied that in most cases, it is Council. Mr. Herb Radding said he would take this matter to Council. Mr. David Dornblaser, 14038 Chester Avenue, Saratoga: • Said he is the owner of the generator. • Said that he objects to the Planning Commission taking jurisdiction and does not waive jurisdiction. • Explained that the reason for his generator is that this property has flooded numerous times as the • result of the City's failure to maintain the culvert. • Said he asked Council to do something about it. V Saratoga Planning Comrrussion Minutes of August 27, 2003 Page 10 • Advised that he had $250,000 in berm and grading work done and while this worked for the last flood there is no guarantee it will work each time flooding conditions occur. • Stated that the generator is for emergencies and is wired exclusively to six sump pumps and to a couple of lights. • Said he attempted to work with Mr. Radding and took trees down at their request. • Informed that the metal enclosure, a special muffler and a sound wall were installed.' • Said that the generator runs one time a week for 15 minutes at noon. This is required by the manufacturer for maintenance purposes. • Advised that he asked Mr. Radding if he has a preferred time for the maintenance run and received no response. • Said he concurs with the City Attorney's letter and that the noise of his generator has been calibrated to meet codes. • Added that this is not an auxiliary generator, as it is not cost effective to run this generator in place of existing available power. • Reminded that the Code Enforcement staff measured the noise from the generator twice and the levels met Code. • Cautioned that the Commission cannot act on this issue and that the City Attorney advised Mr. Radding that he had failed to timely appeal. • Said that permits were not required. • Restated that the Commission has no jurisdiction and cannot impose any mitigation measures on him. However, he is willing to listen to suggestions. • Stated that his young son has had 11 earaches in the last year and needs humidifiers, which could qualify as a medical emergency. Commissioner Garakani asked when the generator was installed. Mr. David Dornblaser replied one to one and a half years ago and has been running once a week since installed. Commissioner Garakani asked if it is still under warranty and if a better muffler is possible, perhaps piped into the shed. Mr. David Dornblaser: • Said they are out of warranty. • Advised that there is no muffler available that would be quieter than the one they now have. • Added that the decision not to install a new pool was made once they discovered they were expecting their child. • Said that piping the muffler into the shed could create a possible danger as a result of carbon monoxide/dioxide levels. Commissioner Garakani asked if it is possible to manually operate the generator in times of emergency. Mr. David Dornblaser: • Said there is a trigger switch in the event of water and the switch requires 120 volts of power. • Added that it would be worth looking into manual operation of the generator. • • Agreed that it could be switched off at 7 p.m. Saratoga Planning Commission Minutes of August 27, 2003 Page 11 Commissioner Barry thanked Mr. Dornblaser for listening to suggestions and agreed the Commission has no jurisdiction. Said she hopes to see them figure something out that works for all concerned. Mr. David Dornblaser: • Said he is happy to consider any suggestions. • Reminded that he has only run the generator one time in one year. , • Stated that this process has been intrusive and that he took time off work to meet with the Planning Commission on his property. ' • Declared that he did not want to experience flooding and/or damage to his property. Commissioner Garakani suggested a smaller generator unit that could be kept in the garage for use for „ ' I their son's humidifier in the event of a power outage that does not include flooding conditions. Commissioner Uhl questioned whether it is possible to share the cost between neighbors to vent to the pool shed. Commissioner Nagpal: • Said that it is clear that the Planning Commission has no control or right to make a decision here. • Said that the community has the right to use City Codes and comply with those Codes. If one does not like existing Code, that Code needs to be changed. • Stated that she appreciates the time spent by all involved but that she does not feel the Planning Commission can make a decision. Commissioner Garakani suggested that Council be asked to amend the Code as~ it pertains the generators. Director Tom Sullivan said that something could be added in the Zoning Code that requires a Use Permit for generators. To do so requires a Resolution of Intent, which could be agendized for a future meeting. This change would be packaged with a whole set of notices. Mr. Steve Prosser, Public Safety Officer, City of Saratoga: • Clarified that after three complaints for noise infractions, misdemeanor citations are issued. Commissioner Barry asked what should occur if the infraction occurs at night. Mr. Steve Prosser said the Sheriff's Office could be contacted at night. If necessary, the Sheriff's office can reach him. Added that if this generator were to go on without flooding conditions, it would be in violation. Commissioner Barry asked if this generator could be qualified for use for medical reasons if said medical conditions are properly documented. Mr. Steve Prosser replied he believes so but defers to the Community Development Director and/or City Attorney to make that determination. • Library Expansion Commissioner Zutshi announced that the Library Expansion Committee disbanded today. Saratoga Planning Commission Minutes of August 27, 2003 Page 12 Heritage Preservation Commission Update/Business Development Committee Meeting Chair Hunter announced that she had attended both the Heritage Preservation Commission and ' Business Development Committee Meeting. The Business Development Committee wants to have the Heritage Preservation Commission address their group. Gateway Design Committee Commissioner Barry announced that the Gateway Design Committee is moving closer to completing the Design Guidelines to send on to Council. Director Tom Sullivan advised that first these Design Guidelines would be sent out for comment than forwarded to City Council. Commissioner Garakani asked why the Planning Commission would not participate. Commissioner Barry advised that the Planning Commission did review and recommend a set of Design Guidelines, which went on to Council. Council appointed a Committee to work further on the draft. Director Tom Sullivan added that about 75 to 80 percent of what the Planning Commission recommended is still in the document. Commissioner Barry advised that a lot of specifics were taken out, as they need to be put into the . Zoning Code. Commissioner Garakani pointed out that the three newest Commissioners did not see the draft. Director Tom Sullivan assured that all Commissioners would get a copy of the document. COMMUNICATIONS Written: City Council minutes from Regular Meetings on June 18, July 2 and July 16, 2003. AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, Chair Hunter adjourned the meeting at 10:30 p.m. to the next Regular Planning Commission meeting of August 27, 2003, at 8:48 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk ~ J - ITEM 1 City of Saratoga MEMORANDUM DATE: September 10, 2003 TO: Planning Commission FROM: Christy Oosterhous ACID, Associate Planner SUBJECT: Resolution of Approval, Alain Pinel Realtors Attached is a resolution of approval for your adoption following the August 27, 2003 motion to grant Alain Pinel's appeal for signage including black lettering and a gold logo. • i 00001 RESOLUTION NO. 03-035 Application No. 03-150 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Alain Pinel Realtors WHEREAS, Alain Pinel Realtors has filed an appeal of an administrative decision to deny their sign permit application. The application includes replacing existing blue lettering with black lettering and a gold logo. WHEREAS, the Planning Commission has conducted a duly noticed public hearing on August 27, 2003 at which time all interested parties were given a full opportunity to be heard and present evidence; and THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga does hereby resolve as follows: ~~ After careful consideration of the appeal, application, staff report, plans, and other exhibits submitted in connection with this appeal the determination by the Planning Commission is to grant the appeal based on the following finding: anchor business and should receive special • Alam Pmel Realtors is an consideration as both an anchor business and ahome-grown business. NOW THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the proposed signage, plan and other exhibits submitted in connection with the matter, application #03-150 for black lettering and a gold logo is hereby granted subject to the following conditions: 1. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City of held to be liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. The sign must be installed within 24 months or approval will expire. Section 3, All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of this adoption. 000002 PASSED AND ADOPTED The above and foregoing resolution was passed and adopted by the Saratoga Planning Commission, State of California, held on the 10`h day of September 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission SECRETARY OF THE PLANNING COMMISSION This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent • Date 000®03 I• ITEM 2 REPORT TO THE PLANNING COMMISSION Application No./Location: 03-146;19615 Saratoga-Los Gatos Road Type of Application: Design Review Applicant/Owner: Tri Hong, Designer Young Ahn, Property Owner Staff Planner: Christy Oosterhous AICP, Associate Planner Date: September 10, 2003 APN: 397-19-013 Department Head: 17V1J ~J0.10.1.V~0." 1_.vv v(.«.v~ iwa.~K oou~®~. Application No. 03-146; 19615 Saratoga-Los Gatos Road CASE HISTORY EXECUTIVE SUMMARY • Application filed: 6/30/03 Application complete: 7/30/03 Public hearing conducted: 9/10/03 PROJECT DESCRIPTION The applicant requests design review approval to construct aone-story single-family residence greater than 18 feet in height, which requires planning commission approval. The maximum height of the proposed residence is 24 ft. The proposed residence including garage will be 5,482 square feet. Materials and colors include, a beige stucco exterior and brown the roof. The gross lot size is 42,776 square feet. The property is zoned R-1 40,000,and the lot is triangular in shape. STAFF RECOMMENDATION Staff recommends the Planning Commission conditionally approve design review application 03-146 by adopting the attached Resolution of Approval. ATTACHMENTS 1. Resolution of Approval. 2. Documentation of neighbor notification. 3. Arborist Report, dated June 20, 2003. 4. Mailing labels for project notification . 5. Reduced Plans, Exhibit "A". • • ~©~1~®2 Application No. 03-146; 19615 Saratoga-Los Gatos Road • STAFF ANALYSIS ZONING: R-140,000 ~ , GENERAL PLAN: Residential Very Low Density Maximum Dwelling Unit Per Acre 1.09 MEASURE G: Not Applicable PARCEL SIZE: 42,776 square feet AVERAGE SITE SLOPE: 4% GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION: The proposed project which includes construction of a new single-family residence is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to the construction and location of limited numbers of new small facilities or structures. MATERIALS AND COLORS PROPOSED: A beige stucco exterior and brown the roof material are proposed. • 001003 Application No. 03-146; 1961 SSaratoga-Los Gatos Road Proposed Lot Coverage: Residence Driveway, patios, & walkways. TOTAL (Impervious Surface) Floor Area: Residence TOTAL Setbacks: Front Rear* Side** Right Side Left Side Height: Code Requirements • Maximum Allowable 32 % 35% 5,482 sq. ft. 8,341 sq. ft. 13,823 sq. ft. Maximum Allowable 5,482 sq. ft. 5,482 sq. ft. 6,060 sq. ft. Minimum Requirement 66 ft. 30 ft. N/A N/A 17 ft. 14 ft. 31 ft. 14 ft. Maximum Allowable 24 ft. 26 ft. *A lot bounded by only three lot lines will not have a rear lot line (MCS 15-06.430). ** Lot width is nonconforming; therefore, side yard setbacks are 10% lot width (MCS 15- 65.160). ~~0004 Application No. 03-146; 1961 SSaratoga-Los Gatos Road PROJECT DISCUSSION The applicant requests design review approval to construct cone-story single-family residence greater than 18 feet in height, which requires planning commission approval. The maximum height of the proposed residence is 24 ft. The proposed residence including garage will be 5,482 square feet. Materials and colors include, a beige stucco exterior and grown the roof. The gross lot size is 42,776 square feet. The property is zoned R-1 40,000 and the lot is triangular in shape. Existing residences in the project vicinity are a variety of architectural styles. Lot sizes in area are typically one acre or more. There is a mixture of one and two story residences in the project vicinity. The site plan (Exhibit A, sheet 1) indicates the proposed residence is setback from Saratoga- Los Gatos Road by almost 100 feet. The attached garage, which is the structure's closest point to public view is approximately 70 feet from the road. The generous proposed setbacks from Saratoga-Los Gatos road greatly reduces the visibility, mass and bulk of the proposed structure from the public right-of--way. The rooflines are varied through changes in height. Long single ridge rooflines have been avoided. The main and highest roofline is 24 feet tall over 20 linear feet. There is approximately 50 linear feet of roofline, which is under 18 feet in height. Additionally, hipped rooflines reduce the mass and bulk of the residence. , Decorative details such as shutters, quoins (stone-like blocks arranged vertically at building corners), and molded arch window trim with a center keystone add architectural interest to the proposed residence. Neighbor Notification To assist applicants' with their responsibilities for neighbor notification prior to the public hearing and to keep the process of neighbor notification consistent, clear, and concise staff has created a "Neighbor Notification Template" for the applicants to present to their neighbors. Neighbor notification templates for this project have been provided for each of the adjacent neighbors (see attachment 2). Arborist Report The Arborist Report, dated July 10, 2003 details project impacts on the existing trees. Four trees will require removal to accommodate the proposed residence and driveway (#14, #15, #16, #27). The aborist concluded these trees are non-native and that their removal will have only minor impacts to the urban forest landscape. Native replacements are required equivalent of the value of the removed trees. Construction of the residence is likely to damage another tree (#17); however, it is expected to survive with mitigations recommended by the aborist. Mitigations are also required for construction of the driveway to avoid impacts to four additional trees (#1, #2, #3, and #21). Q®~~®S Application No. 03-146; 19615 Saratoga-Los Gatos Road Design Review Findings Staff finds the proposed project as conditioned, supports the findings for design review; therefore, staff recommends the planning commission approve of the proposed project. The proposed project implements the following Residential Design Policies: • Decorative details such as shutters, quoins (stone-like blocks arranged vertically at building corners), and molded arch window trim with a center keystone add architectural interest to the proposed residence. • Hip rooflines reduce the mass and bulk of the proposed residence. • The rooflines are varied through changes in height. Long single ridge rooflines have been avoided. The main and highest roofline is 24 feet tall over 201inear feet. There is approximately SO linear feet of roofline, which is under 18 feet in height. • The generous proposed setbacks from Saratoga-Los Gatos road greatly reduces the visibility, mass and bulk of the proposed structure from the publicright-of--way. • Materials and colors are earth tone and will blend well with the surrounding environment. Materials and colors include a beige stucco exterior and brown the roof material. • No native trees are proposed for removal. The four non native trees required for removal will have only minor impacts to the urban forest landscape. Native replacement trees equal to the value of trees are required (see attachment 3). • The applicant has provided evidence that the immediate neighbors support the project; therefore, view and privacy issues have been addressed (see attachment 2). Conclusion The proposed residence conforms to the policies set forth in the City's Residential Design Handbook. The residence does not interfere with viewsheds or privacy, it preserves the natural landscape, and minimizes the perception of bulk so that it is compatible with the neighborhood. The proposed project supports the findings required for design review approval as detailed in the staff report. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve design review application 03-146 by adopting the attached resolution (see attachment 1). Q~f~~~~ • Attachment 1 • QQ®~®~ APPROVAL OF RESOLUTION NO. Application No. 03-146 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Young Ahn;19615 Saratoga-Los Gatos Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a new one-story residence; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct a new single family home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; and r~ U WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the City's Residential Design Handbook have been determined: The proposed project implements the following Residential Design Policies: • Decorative details such as shutters, quoins (stone-like blocks arranged vertically at building corners), and molded arch window trim with a center keystone add architectural interest to the proposed residence. • Hip rooflines reduce the mass and bulk of the proposed residence. • The rooflines are varied through changes in height. Long single ridge rooflines have been avoided. The main and highest roofline is 24 ft tall over 201inear feet. There is approximately 50 linear feet of roofline, which is under 18 feet in height. • The generous proposed setbacks from Saratoga-Los Gatos road greatly reduces the visibility, mass and bulk of the proposed structure from the public right-of- way. • Materials and colors are earth tone and will blend well with the surrounding environment. Materials and colors include a beige stucco exterior and brown the roof material. Q~~~~B • No native trees are proposed for removal. The four non native trees required for removal will have only minor impacts to the urban forest landscape. Native replacement trees equal to the value of trees are required.' • The applicant has provided evidence that the immediate neighbors support the project; therefore, view and privacy issues have been addressed. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and " ' other exhibits submitted in connection with this matter, application number 03-146 for Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. Landscaping shall be installed prior to final occupancy inspection. 2. The proposed color shall be of an earth tonality for example a brown, beige, or tan and not a pink or orange color. 3. The development shall be located and constructed as shown on Exhibit "A" incorporated by reference. All changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes ' to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 4. Four sets of complete construction plans incorporating this Resolution and the Arborist Report dated July 10, 2003 as a separate plan page shall be submitted to the Building Division. 5. The site survey shall be stamped and signed by a Licensed Land Surveyor. 6. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 7. The maximum height of the house shall not exceed 24 feet as shown on "Exhibit A." 8. A grading and drainage plan combined with a storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. • ~~~~~~ 9. The applicant or his designated representative shall apply for and secure a grading permit if deemed necessary. CITY ARBORIST 10. All recommendations contained in the Arborist Report dated June 20, 2003 shall be followed. 11. Prior to Final Building Inspection, the Arborist shall inspect the site ~ to verify compliance with tree protective measures. The bond shall be released after a favorable site inspection by the Arborist, the planting of any required replacement trees, and payment of any outstanding Arborist fees. CITY ATTORNEY 12. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must commence within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of adoption PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 10th day of September 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: L.J 0®0010 • • • Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • Attachment 2 • ~~~~~~ Neighbor Notification Template for Development Applications Date: ~^ f ~ ~ PROJECT ADDRESS: I ~'1 b C Sf ~ ~ ~~" 1 ~ `~ ~ S L~'``~' S IZ-~~~. ~/ Applicant Name: / ° u `~~ '~y w Application Number: ~ 3 ~ t `~~' The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensacre the signature on this document is representative of all residents residing on yotcr property. ~iti1y signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~ ~ ~ ~C `~ ~ `~ Neighbor Address: -r r l~ ~v ~ 3 L ~_~ 2 ~~ ~~ ~ ~ ~~ r ~eighbor Phone #: ~ ~'( ~t Signature: • ~~ ; ~ , ~ ~, ; r, r ~ ~ ~~, City of Saratoga Printed: ~. ~ _ , ~_~~j~ /~ ..__- ~ ~ ! Planning Department C~Q~~~.3 Neighbor Notification Template for Development Applications Date: ~ f 12 ~ r~ PROJECT ADDRESS: Applicant Name: `~© `'{ ~ ~ ~ ~ ~ Application Number: ~~ `- ~ ~ ~ The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: C.~i ` ~ ~ ~ ~ ~' Neighbor Address: City of Saratoga Neighbor Phone #: y b ~ ~ ~S~ 2 X81, Printed: • • 4~~i~~ K~~~~~Y ~ Planning Department ~~~~~~ signature: Neighbor Notification Template for Development Applications Date:~.,1~2oc3 • rROJECT ADDRESS: ~ ~ ~ ~ 5 Gt /C~-~~c~- L.-~5 , G~'vS '~~'~ Applicant Name: YO u ti ~ ~`~ ~ Application Number: D3 -" l `~~' The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably tcpon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the picblic hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please enstcre the signature on this document is representative of all residents residing on yoacr property. ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~,`od'~~Nrt.t ~ i-t~ a ~i,~ Neighbor Address: ~,,;fa~o~, ~ ~ ~} ~ ~~~c Neighbor Phone #:~ ~ ~-~~ l5 !S~ f Signature: Printed: i --- City of Saratoga Planning Department ~®~~~,5 • Attachment 3 • ~®~~16 '~~~ `;~~ ARBOR RESOURCES ~. ~20fEb1LOYLCiL ~ZU02LL~U.LtU.'LQ.L C.:OYL1U.Ctin9 ~ ZEE C~R'LE A TREE INVENTORY AND REVIEW OF THE PROPOSED ADDITION AND REMODEL FOR THE AHN RESIDENCE 19615 SARATOGA-LOS GATOS ROAD SARATOGA, CALIFORNIA OWNER'S NAME: AHN APPLICATION #: 03-146 APN: 397-19-013 Submitted to: . Community Development Department, Planning Division City of Saratoga 13777 Frurtvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A Site Inspected: July 2 and 8, 2003 Report Submitted: July 10, 2003 P.O. Boa 25295. San Mateo. California 94402 ~ Email: arborresources@earthlink.net Phone: 650.654.3351 ~ Faa: 650.654.3352 s Licensed Contractor #796763 0000~.~ David L. Babby, Registered Consulting Arborist July 10, 2003 SUMMARY Thirty-one Ordinance-sized trees were inventoried and evaluated for this report. Four trees require removal to accommodate the proposed plans. These include trees #14, 15, 16 and 27, all of which are considered non-native. Replacements of equivalent value are recommended as mitigation. Tree #18 is vulnerable to failure, and its removal is recommended regardless of the proposed construction. No replacements are suggested for this tree. Tree #17 will be impacted at moderate to high levels. As such, careful adherence to mitigation measures must be followed to promote its survival and longevity. To minimize impacts to trees #1, 2, 3 and 21, the proposed driveway beneath their canopies must be designed entirely on top of existing soil grade, without requiring soil excavation or root cuts. The locations of tree protection fencing are shown on the attached plan. To ensure protection of trees planned for retention, I recommend a 15-percent bond. Any utility, grading, drainage, and/or landscaping plans should be reviewed for tree impacts. ASSIGNMENT This report has been prepared at the request of the City of Saratoga's Community Development Department to review the proposed addition and remodel of an existing single-family residence at 19615 Saratoga-Los Gatos Road, Saratoga. This report includes information regarding effects the proposed project will have on Ordinance-sized trees; identifies each tree's condition, species, and size; presents tree appraisal values; provides recommendations for mitigating trees being removed or impacted; and recommends a tree protection bond amount. A summary of my findings is presented on the Tree Inventory Spreadsheet attached to this report. Each tree's location, number and canopy dimensions, as well as recommended tree protection fencing locations, are shown on an attached copy of the Site and Topographic Plan prepared by LC Engineering and TDH Design, dated June 2003. For identification purposes, numbered metal tags were attached to accessible tree trunks. Trees #Sa, 6, 7, 8, 10 and 29 were not shown on the plan reviewed. There locations were plotted by me, and should not be construed as being professionally surveyed. Ahn Residence, 1961 SSaratoga-Los Gatos Road, Saratoga Page 1 of 5 City of Saratoga Community Development Department, Planning Division ~~~~~8 David L. Babby, Registered Consulting Arborist July 10, 2003 . OBSERVATIONS AND REVIEW OF PLANS The 31 trees presented in this report include 1 American Sweetgum, 1 Avocado, 4 Bailey Acacia, 1 California Black Walnut, 7 Coast Live Oaks, 2 Coast Redwoods, 2 Deodar Cedar, 9 Monterey Pines, 1 Eucalyptus, 2 Silver Maple and 1 Southern Magnolia. The overall condition of trees is good to fair. Tree #Sa's trunk is situated on the neighboring northwest property. No more than very minor impacts to this tree are expected through implementation of the protection fencing. Tree # 18 is a 19-inch diameter, 40-foot tall tree that contains a large wound along the trunk's north side. This appears to have been created from a limb failing from the tree some time ago. As a result, an estimated 20- to 30-percent of the trunk's total circumference was removed, and the tree is now vulnerable to failure. Regardless of the proposed project, I recommend its removal. No replacements for this tree are suggested. Trees #14, 15, and 16 require removal to accommodate the proposed home addition. Tree #27 requires removal to accommodate the new driveway. These trees are non-native, and I believe their removal will have only minor impacts to the urban forest landscape. Their value should be replaced with native replacements of equivalent value. . The home's addition will damage tree #17's root area by an estimated 25- to 30-percent. This tree is fairly young, and is anticipated to survive the significant impacts,' provided ' recommendations presented in the next section are carefully followed and incorporated into project plans. The existing driveway is unpaved. If the new driveway is constructed in a manner which requires soil cuts, I anticipate trees #l, 2, 3 and 21 will be significantly impacted. Therefore, in an effort to minimize root damage, the portion of driveway located beneath and 10 feet beyond their canopies must be constructed entirely on top of existing soil grade, without soil excavation or root cutting occurring. RECOMMENDATIONS All recommendations presented below are based on plans reviewed and are intended to mitigate foreseeable damage. If revisions to plans occur, recommendations will require modification. Tree Protection Fencing 1. Tree protection fencing must be installed prior to demolition and arrival of heavy equipment. Where possible, it shall be placed at or beyond canopy edges. Where this is not possible due to features beneath canopies (such as the home, hardscape, and . wood deck), I suggest establishing the fencing as follows: no further than four feet from the existing and proposed home's footprint; and one-foot from the existing and Ahn Residence, 19615 Saratoga-Los Gatos Road, Saratoga Page 2 of S City of Saratoga Community Development Department, Planning Division 0~~~~.9 David L. Babby, Registered Consulting Arborist July 10, 2003 proposed hardscape, proposed wood deck, and property line. The fencing should closely resemble the locations shown on the attached plan. 2. It must be comprised of five to six feet high chain link mounted on two-inch diameter steel posts, driven several feet into the ground and spaced no more than 12 feet apart. Once established, the fencing must remain undisturbed and in place throughout the construction process (including driveway installation), until the project receives final approval. All development activities must be conducted outside the fenced areas. These activities include, but are not limited to, the following: grading; surface scraping; the storage of materials and equipment; vehicle parking; and dumping of concrete, soil, or other construction materials. Hardscape and Root Zone Protection 3. Any hardscape or foundation removed beneath canopies of retained trees must by removed by first breaking the hardscape into manageable pieces, then hand loading the pieces onto a loader. The loader must remain on hardscape at all times and not travel over or park on unpaved areas (the exception being the existing driveway). 4. A root zone buffer must be installed beneath canopies of trees #3 and 17, between protection fencing and the home's existing and proposed footprint. The buffer should closely resemble locations shown on the attached plan. The buffer must be established before construction commences, and consist of a four-inch layer of coarse wood chips covered by one-inch thick plywood. The plywood can be securely fastened to enable a sturdy walking surface. Note, if the concrete walkway beneath tree #3's canopy remains, the root zone buffer for tree #3 is not necessary. If it is removed, the layer of wood chips must be spread within the same day of removing the concrete walkway. 5. A four-inch layer of coarse wood chips must be placed within the fenced area beneath canopies of trees #2, 3 and 17. This should occur immediately following demolition and before construction commences Driveway 6. The portion of new driveway proposed beneath and 10 feet beyond canopies of trees #1, 2, 3 and 21, must be constructed entirely on top of existing grade and not require soil excavation or root cutting. Root Severance Guidelines 7. Roots two-inches and greater in diameter that become exposed during the construction process and require severance, should be cut clean at the soil line with a handsaw or loppers. As soon as severance occurs, cover or wrap the root end with a plastic bag, and secure with tape or a rubber band. Utilities, Grading, and Drainage 8. Any plans for installing utilities, drainage features, and/or creating new grades, should be submitted to the City for review of tree impacts. • Ahn Residence, 1961 SSaratoga-Los Gatos Road, Saratoga Page 3 of S City of Saratoga Community Development Department, Planning Division ~ ~r ~ZY~O David L. Babby, Registered Consulting Arborist July ]0, 2003 9. Underground pipes, utilities and old irrigation lines beneath canopies of retained trees should be abandoned and cut at existing soil grade. l0. If new utilities or drainage features are planned for installation, they should be designed outside from beneath canopies of retained trees. Where this is not possible, I should be consulted for alternative means of installation. ' 11. Roof drains must be established so water drains away from beneath canopies of retained trees. Watering 12. Supplemental water shall be supplied to trees #1 thru 4, 13, 17, 21, and 23 thru 30 during the dry summer and fall months,l and continue throughout the construction process. The suggested rate is 10 gallons of water per inch of trunk diameter applied every two weeks. The water should be supplied using soaker hoses placed on the existing soil surface (the hose can be covered by the wood chips) at approximate midcanopy. Tree Pruning and Removals 13. All pruning must be performed under supervision of an ISA Certified Arborist and according to standards established by the Western Chapter of the ISA. Information regarding Certified Arborists in the area can be obtained by calling the Western Chapter ISA at 530/892-1118. ' 14. Any trees being removed must be performed in a manner that does damage trees planned for preservation. Stumps must also be ground, as opposed to being pulled or uprooted from the ground. Tree Replacements 15. The combined appraised value of trees #14, 15, 16 and 27 is $11,450. This value must be replaced with new trees having an equivalent value. One suggestion includes two trees of 48-inch box size, one tree of 36-inch box size, and one tree of 15-gallon size. Other replacement combinations are available, and the tree values and sizes are as follows: $120 fora 15-gallon; $420 for 24-inch box; $1,320 fora 36-inch box; and $5,000 fora 48-inch box. 16. Acceptable tree replacements include Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Big Leaf Maple (Ater macrophyllum), Coast Redwood (Sequoia sempervirens) and California Buckeye (Aesculus californica). Landscaping Guidelines 17. Any plans for landscaping should be reviewed for tree impacts prior to installation. 18. Irrigation should not be sprayed beneath Oak canopies, and not strike or come within several feet from trunks of all other trees. ' A dry month is described as receiving less than one-inch of rainfall in a given month. Ahn Residence, 19615 Saratoga-Los Gatos Road, Saratoga Page 4 of S City of Saratoga Community Development Department, Planning Division Q~~~~r~ David L. Babby, Registered Consulting Arborist July 10, 2003 19. Lawn must not be installed beneath Oak canopies. Plant material proposed beneath canopies must be of low water use and comprise no more than 20-percent of the total ground area. A publication of compatible plants can be obtained from the California Oak Foundation at 510/763-0282, or a-mail: oakstaff@californiaoaks.org. 20. Irrigation for plant material beneath canopies must be of drip or laser line. This can be placed on grade, and covered with mulch. No irrigation trenches shall be dug beneath canopies. 21. Irrigation trenches should not be dug beneath Oak canopies. For all other trees, irrigation trenches proposed beneath canopies, and perpendicular or diagonal to root zones (parallel to tree trunks), must be placed no closer than 15 times the trunk diameter. Irrigation trenches installed radial to trunks can be placed no closer than 5 times the trunk diameter and at least 10 feet apart at the canopy perimeter. 22. The replacement trees should be integrated into the landscape design. 23. Installing edging material or rototilling beneath canopies should be avoided. 24. Stones, mulch or other landscape features/materials must at least two feet from trunks. TREE PROTECTION BOND The appraised tree values are presented on the Tree Inventory Spreadsheet attached at the end of this report. The values were calculated in accordance to the Guide for Plant Appraisal, 9`'' Edition, using the Trunk Formula Method for Northern California, 1992, established by the Western Chapter of the ISA. The total appraised value of trees being retained is $107,940. I suggest a 15-percent bond of all retained trees is held to ensure their protection. This equates to $16,191. • Ahn Residence, 1961 SSaratoga-Los Gatos Road, Saratoga Page S of S City of Saratoga Community Development Department, Planning Division ooooz ~~: ARBOR RESOURCES • ~'LOfE111.OlLRL UT'~D04LG~LlL~U.4QL C.:OIL1U.LfLrt9 ~ J28E C:[LZE • TREE INVENTORY StREADSIIEET ~ ~ .. ~ ~ at ~ ~ .. ~ 3 ~ ~i i~ n ~ " ~ ^ ~ ~ i ~° ~ ~ a~ ~ ° ~ ~ o ;b ° ~ o ~ ~ v ~-, a .~ .n . «+ «, ~ b , o ~ ~ rn as '~ W U ~ ~ ~ ~,, TREE ~ ~ ~ ~ '~°° ~ ~ o o ~ > x U > a~ ~ A. NO TREE NAME . ° . ° . ~ at o ~ o > et u ~ ~ ~ 0 ° ~ . F+.~ H.~ x v xC v~C O ~1C F . ar Coast Redwood 42, 26, 1 (Sequoia sempervirens) - 22 110 40 100% 100% Good 4 - $22,000 - Monterey Pine 2 (Pinus radiata) 25 24 60 45 75% 75% Good 2 - $2,200 - Southern Magnolia 3 (Magnolia grandiflora) 28 24 35 42 75% 100% Good 2 - $10,900 - American Sweet Gum 4 (Liquidambar styraciflua) 14 13 45 34 100% 75% Good 4 - $2,770 - Coast Live Oak 5 (Quercus agrifolia) 11 10 30 25 100% 75% Good 5 - $2,780 - Deoclar Cedar Sa (Cedrus deodara) 35 - 80 60 75% 50% Fair 5 - $17,000 X Coast Live Oak 6 (Quercus agrifolia) 18 17 30 35 100% 75% Good 5 - $6,400 - Bailey Acacia 4(4),3,3,2 7 (Acacia baileyana) - (7) 35 35 100% 25% Fair 5 - $870 - Bailey Acacia 8 (Acacia baileyana) - 4,4,3,2(3) 30 12 100% 25% Fair 5 - $610 - California Black Walnut 9 (Juglans hindsii) 30 27 45 60 75% 50% Fair 5 - $2,190 - Coast Live Oak 10 (Quercus agrifolia) 6, 4 5, 4 35 12 100% 75% Good 5 - $1,080 - Coast Live Oak 11 (Quercus agrifolia) 12 9 35 25 100% 75% Good 5 - $1,690 - Coast Live Oak 12 (Quercus agrifolia) 10 9 30 20 100% 100% Good 4 - $2,530 - •~ I ( 9 oast R Pwood ) I I I I I ° I ° I I I - I ,2 I - I 13 Se uota sem ervtrens 15 13 45 20 100 /0 100 /o Good 3 $3 20 Site: 196!3 Saratogo-Los Gatos Rood, Saratoga Aepored jor: Cuy ojsaratoga Prepared by: David L. Bobby, RCA 1 oj3 July 10, 200.E 000023 ~'~ ARBOR RESOURCES " ~ZOf8Sbi0Y1RL oT'~DOZieutiu~aC C'OnluCti-zy S ~l2sE C'az~ TREE INVENTORY SPREADSHEET Silver Maple 14 (Ater saccharinum) 19 19 55 38 50% 50% Fair - X $2,170 - ~ ~ 1 N.~ 1 ~.~ ~, O 3 o 3 ~' ~_ V ~ ~ 3 ~ ~ ' ~ ~ @~b ~b ~ p il~ I~ .~ ~ o o a o ? ~ ° ~. ~ i G ~ r~ ~ ~ ~ «+ ~ ~ Q o A ~ of . o A ~ ~_ v i T ~j ~ i '~ PA 'b V ~ .~ ~ p, ~ ~ TREE ~ ~ ~ chi .~ ~ ~ o ~ °o ~ ~ ~° ~ ~ '~ ~ a~i x '~ U ai ¢ ~ c o NO. TREE NAME F., .r ~, .~ v x ~ ~ ~ O A ~ ~ H a ~ Avocado 19, 14, 15 (Persea amencana) - 13 28 45 100% 100% Good = X $3,360 - Silver Maple 16 (Ater sacchariuum) 19 18 45 35 75% 50% Fair - X $2,280 - Coast Live Oak 17 (Quercus agrifoha) 13 13 28 30 100% 50% Good 2 - $3,630 - Bailey Acacia 20 (Acacia baileyana) 22 19 40 35 100% 50% Good 5 - $4,410 - Bailey Acacia 21 (Acacia baileyana) - 13, 11 40 50 100% 25% Fair 3 - $2,980 - Silver Dollar Gum 22 (Eucalyptus polyanthemos) - 11, 9 50 35 75% 50% Fair 4 - $1,540 - Monterey Pme 23 (Pinus radiata) 20 18 25 30 75% 50% Fair 3 - $1,300 - Monterey Pme 24 (Pinus radiata) 34 32 40 40 75% 100% Good 5 - $3,590 - Monterey Pine 25 (Pinus radiata) 24 22 40 30 75% 75% Good 5 - $1,990 - Monterey Pine 26 (Pinus radiata) 21 19 40 25 75% 50% Fair 3 - $1,370 - Monterey Pine 27 (Pinus radiata) 33 32 40 40 75% 100% Good - X Site: 1961 S Saratogo-lJos Gatos Road, Saratoga prepared for: Arty ojSoratoga Prtpared by: David L Bobby, RCA 2 of 3 $3,640 - Jtdy 10, 1003 000024 z~_. r: `~ ARBOR RESOURCES ~20fE1SLOrLQ.L U~Z17041LLlLEll4Q.L C:.OILSU.L~LYL9 S ~2EE C.:RRE • TREE INVENTORY SPREADSHEET N ~ ~ ~ .~. ~ ~ '.~~~ a y ~~ '-' a~i 'd ~ p~ ~ ~'+ ~ ~ ~ a Q ~ Q~ Q .g ~ T 0. 1 U w~ U a ~ a ~ i i `~ ~ ~ . e n o . ~ o ~ a Q '~ E .ti ~ v .C.' ~ v . ~ ~ ~ C~ ~ v °o U ~ °o ~ ~ ,y N W a~i ~~ O U a~i ~ ~ ° NO TREE NAME H.~ H.~ x ~ xC ~n~ O AC A H a r~ Monterey Pine 28 (Pinus radlata) 18 16 30 20 75% 75% ('food 4 - $1,470 - Monterey Pme 29 (Pinus radlata) 20 18 25 15 75% 25% Fair 4 - $1,080 - Monterey Pme 30 (Pinus radlata) 16 14 30 20 75% 75% C,ood 5 - $1,340 - i• Site: 19615 Smatogo-Los Gros Road Smmoga Prepmed jor. Coy ojSmamga Prepared by: David L. Bobby, RCA 3 oj3 laly 10, 2003 000®25 ~~~~ ~ Ir~~ ~ R~E,~ r~~E~L ~~~R? ~~ ~ ~r~~a ~p • ~ '~ ~ A~r~ 19615 SARATOGA LOS GATOS ROAD, SARATOGA, CA. 95070 .a% ~~ ~~. 9 •~ . ~\ 1 7 ,a ~ . • ,~ ~= - ~~ a ~. 6 /~ 6ti '~, !~ 10 ~i,J ' FoaE! , ~I ~s° (, • ~ j A.rEI>~ .OT 1!• ~~ yE~~-- 5a • .4 Sue Address 19615 Saratoga-Los Gatos Road, Saratoga Preoazed for Crty of Saratoga Community Development Department Notes Map Identifies 30 Ordinance-scud trees Canopy dtmenslons and tree locations are approximate Map Is reduced from Its original siu and is not to scale. Prepared By: ARBOR RESOURCES rP..(.•a•,..l d1.6..~.•k...l C.,..du,3 6 O.•. C.•• P O aax 73193 Sen Malin CA • 91103 Pho~x (630)631.7731 • Enu~l a~bortewurtssaeaMluJcnp 12 - - TREE PROTECTION FENCING " --f- = " _ ^'~ ~,. ~^ .. ~' ~~ ~~~ , a.." x~ ~~ ~ •. IS ~~~1 _~,, ROOT ZONE BUFFER 16 \V<'1S 17 • I ~' '" ~'~~;1i ..+ _ _ ' T - a inn - ,-\ '~. r: p t: '~.~ ' l . •".1'\ .rte X~'~ °.®°' "`"'~... a'--- ~7 ff,,• 1 r1 /\ 3 ~;~ 4 i'Y-. „/, ~,~Y ; ~yt' ROOT ZONE BUFFER =~~~~, : %~ s ,.~ :,9'' w ~ / f" 3 0" ~' f a' ~ _i 2 ~3 ~\y 22 ~r"s \ ` f,a ra ~=~`° f any "~ ~~ \ a~ I. - r-~ __-c_i .~ d ~ \ 21 ~ l\'a I _ \ 1, ~~ U~~ / . •e 4 28" .fi a Ufa ~ _ • ~ ~ , "_,_~ _~~,s..,,-~- ~,\ 100 ` ~` ~-~= ~ ~e'~ ~ F ~ ; i ~ i. ~ ~ " ,-_'_ _-`.l / +"' P• 6t + Lr o 8~,. I ~ `fir \\ ~ ~ e •i ~ ~~ , /'~~ \ -'- ~,~~--- ~~! \ "^_ \s'-`-` .rte _~,~'~-_ ~"-"- - .~'" ~ 1 ~. , "-~ =may . as ..=f .,, ::~ ,~ SAR~k'TOGA =t LOS GATOS ~R~AD ,-_ ,• . ~. „ ., ~ .d f aa~~~s • Attachment 4 • Q~~~2'7 ROYCE B & LORRAINE ANDREWS 15351 BESTVIEW CT SARATOGA CA 95070 ' SHUKLA 20210 LA PALOMA AVE SARATOGA CA 95070 REYES & GIOVANNI BRIGNOLO ' 19645 SARATOGA LOS GATOS RD SARATOGA CA 95070 VICTOR E & MAXINE TINSLEY 19699 SARATOGA LOS GATOS RD SARATOGA CA 95070 KENNEDY 5925 KILLARNEY CIR SAN JOSE CA 95138 SAEED & FARHEEN KAZMI 15163 ALONDRA LN SARATOGA CA 95070 ROCKY & LINDA FONG PO BOX 2654 SARATOGA CA 95070 CLIFFORD R & INA GARD 15235 BELLECOURT SARATOGA CA 95070 SASAN TEYMOURI 19730 SARATOGA LOS GATOS RD SARATOGA CA 95070 CHARLES F & HEATHER GOODMAN 15256 BELLECOURT SARATOGA CA 95070 JAMES B & NANCY PATKA 15360 BESTVIEW CT SARATOGA CA 95070 YBARRO 15275 FRUITVALE AVE SARATOGA CA 95070 JOHN & LILI DILLON 19661 SARATOGA LOS GATOS RD SARATOGA CA 95070 WALTER & CONNIE HILLBLOM 15131 ALONDRA LN SARATOGA CA 95070 WILLIAM F & MARIANA SCHMIDT 15217 ALONDRA LN SARATOGA CA 95070 ERIK D & MARIA GULDNER 15061 FRUITVALE AVE SARATOGA CA 95070 OSCAR & SORAIA BAKHTIARI 4781 WHITETAIL LN SAN JOSE CA 95138 ROBERT T MAXFIELD 12930 SARATOGA AVE B3 SARATOGA CA 95070 ELIZABETH B & E LAMANTIA 15310 BELLECOURT SARATOGA CA 95070 YANG 15234 BELLECOURT SARATOGA CA 95070 L R & JESSIE MCGUIRE 15350 BESTVIEW CT SARATOGA CA 95070 ~~ ~J SINCLAIR 19615 SARATOGA LOS GATOS RD SARATOGA CA 95070 SIDNEY T 8~ MARCIA KAUFMANN 19677 SARATOGA LOS GATOS RD SARATOGA CA 95070 JAMES H & ELIZBETH CILKER 15143 ALONDRA LN SARATOGA CA 95070 JOHN B & PATRICIA HAMMETT 15185 ALONDRA LN SARATOGA CA 95070 WHITFIELD 15021 FRUITVALE AVE SARATOGA CA 95070 BURTON N & ET KENDALL 15211 BELLECOURT SARATOGA CA 95070 RICHARD G WHITE 15285 BELLECOURT SARATOGA CA 95070 JAMES A & SONJA PEDICINI 15280 BELLECOURT SARATOGA CA 95070 • CHYI-RONG & TZUU-CHYI JENG 15214 BELLECOURT SARATOGA CA 95070 ~®~~~~ ' 1V~CLARNEY 19621 JUNA LN S~TOGA CA 95070 STEVE & JUDY HUI 19634 SARATOGA LOS GATOS RD SARATOGA CA 95070 • • ROGER W & DOROTHY ERSKINE 19581 JUNA LN SARATOGA CA 95070 JAMES R & MARIA NIX 19600 SARATOGA LOS GATOS RD SARATOGA CA 95070 MICHAEL L & STEPHANI MCCONNELL 19540 SARATOGA LOS GATOS RD SARATOGA CA 95070 WILLIAM H & JUDITH LAWRENSON PO BOX 2295 SARATOGA CA 95070 ~®~~~9 I• • \ r~r ~, ~,, ~~ _~~ `S ,I Ri. ~, '~~~~.'" °k.~ ~~~j ~:. •~JPk,~SA`~}`'~~, e• Poi- ~,''~,.-~'~--~ ,. --',~ .. ..may, ~w^ - - _ i~, ,f ,. SARkTOGA ~ LOS CATOS'ROAD .ry ~ EXISTING SITE rG fOPOGRa~Nir, bl nil ,~~ .:d~ ,~ ~ x,~~, PROJECT DATA AS5E50R'S PARCEL NUMBER: 397-19-013 PROJECT ADDRESS, 19615 SARAT0GA-L05 GAT05 ROAD SARATOGA,CA 95070 OWNER MR&MRS. YOUNG AHN 19110 BONNET WAY SARATOGA,CA 95070 EXISTING ZONING: R•1.40,000 EXISTING USE SINGLE FAMILY RESIDENCE PRAP05ED USE SINGLE FAMILY RESIDENCE GROSS 5RE AREA: 42y76 5O Fi (982 AC) AVERAGE SLOPE OF PROPERTY: 4!1% = °"~i9C& ~> EXLSTiMCxUWMGARE+A. 2,656 SOFT EXISTINGGARAGE. 823 SQ.FT EXI571NG5HEDBUILDING 375 SOFT TOTAL EXISTINGFLOORCOVERAGE 3,854 SQFT PROP05EDADDRIONPjQQR COVERAGE 1628 SOFT TOTAL NEWFIAORCOVERAGE 5,482 5Q.F7 ALLOWABLE FLOOR COVF~RAGE 6,060 5O Fi BUILDING COVERAGE 5,482 SOFT (12bX) IMPERVIOUSCOYEReGESSEENOTEBELOWI 841 SGiFT(1~X1 iOTAL 51TEC0VERAGE~ 13,823 5C1FT (32.3%j ALLOWABLE SITE CAYERAGE: 14,972 SOFT (35X) LANDSCAPE AND NATURAL OPEN SPACE 25,953 50 FT (67.7X) NOfE IMPERVIOUS COVERAGE CONSISTS OF DRWEWAY, POOL, PATI05,DECKA ~ WALKWAYS I J L- I I ~-. r • °4,F ~ ~ ~ r \t~~ i~ r _ -- 'Far ~' \ -; . ~._t- -~,~=-+`-."'c`__ -_,,.; ~s iii I ~ 1 s ~ I~ I i ~ ~ ~" =..';i~ _°_'" ~ st ~~~` ~ _ ~,~_ ~"I =_,~~,q~. _,~ ~ • ~ ~'', ~.~v-"}~~ s,F" o `~ :~"- ~1 _- '~ - r , tom' L •2 ti'E"' ~ Y'~~, ~ -r,-'~ ~\' , ~ ~',i \ - \ ~,r~ - - ( , .. u Mu ~ - y ,~,~ }~~!L r ;~~„,'~e*t,, ~ _ nw-- ~ xA-. ~~~~~f\° I ` ' Rf I i j /'~ , ~°_ .~~~., '~' ~„d_'a"~ ---'~.Ga-~.- -,,a• ,~ "_ ~ -`~°`~`--~ ^.>: "°~- y6~+c"..~too --.,% .l%' ~ '-tr -f ' ~<r', ~iN go"~°`i ~ - ?, \ '` i'- y "~ is , ~, ~= a :g gn\so "~\ r 0.\ ,, . \t~'~~j . --i r\ ' \ \ 3° d~ 2x y: ,,.: ~ \ ,\\~ r ~/t\ ; _-:- r ,~. ,l 1 use ~ ~ \ ,. i - n \ ~r •'C--k` r a"` - -..c~- ~\ -,'d~'"`tl r ~ /'~ ~~ _ ~` ~ ~ { -- I - ~ ~ ;"a~ .--~~~<~-~ x*~~,;~=~-rte.-~~~. ~:--`_- -- '~..~r_~. ~ ~--~`~~_`- "k"`" -~ 8 ~ I L- __~ - `~ -r1~- ~` ~ J n ~ ~ ~~~ - -.^~.. -"m .~-- ViciNiTY MAP ~ ~a ~~ti No 32912 EXP - - ~ a coU~ THIS DRAWING DOES NOT CONS-TUTE A COMPLETE AND CERTIFIED BOUNDARY SURVEY THE BOUNDARY LINES SHOWN AND DIMENSIONED ON THIS SURVEY WERE CALCULATED, BASED ON INFORMATION TAKEN FROM THE llTI,E_REP4BT~N11 RECORDEQ 1dAP8_W_SNE_AREA, AS RELATED TO CENTERLINE CONTROL MONUMENTS THE PROPERTY CORNER MARKERS WAVE NOT BEEN SET, AND A THOROUGH SEARCH FOR EXISTING MONUMENTS AND ENCROACHMENT HAS NOT BEEN MADE r`o_. _- - --- - - "ad-~ -'.~" - .ts.-c-~. ss q~9 e&~r p 4,Gf~0n N4VEMEM'-___~__._~y:,_,,._-~__~_~,_.________ ___._._ ~ ~~~j ~U41 A 6$ ~~ M' ~O~Og~~~~~G p~~~ R i~ ~~ 19615 SARATOGA LOS GATOS ROAD, SARATOGA, CA. 95070 Z ~ pp N ~ ,°~ i j no W..rn~,~ a+ Z~`-~-'c0a ~ N ~ O .-. Z E ~~O Li.l r V <t = O 9 V c U o'c o x J ro r°n a ~°. W = o f O pN, =gym 0 f ` ~~ ° ;Q ~ ~ 3~ W ~ ~~ 2 Ir. y Q 3 z 0 m n P ORPWH fal H ew@cweo DAT@ JuuE 2m3 acme I°=4o' A2'1 NO'J @weeT OF !} 8X@eTe • I ~__ _.____. __~__.__._.____ - _____. __ ' _a _... . ,,, _ .... wa. __ _ _ . .____-_ _. I ~. ~ I ~ ~ i ~ I 1 ~ I ~ / L Slt LING } _ ~ ~ __.__-._.- ~- __ _ _ ~ (14414 ^ /\ , ~ II ~I l/ `~ - ~__ ~ ~ ~ I ~ I ~ ~ --~ ~I fi~i I I I I ,I II ~ ~ It I ~ '~ MaSTER a~oaoou~ " - ~ -L i ~ ~ ~ , / i r--~ I ~ I . ) FAMILY RJOM I ~__ %' ill I- _J j I I~J _. ~~d{_ _. _. i l I I ~ ~1 BINING QOM' r-- ~ - _ - ` eTO~M a V ~ ~ ~ -~~~ '~~ `7 ~~}__- ___._I ~-~ '-_-~ ~ ~ ~ i > ~ I 1a ~ - ~,~ __ . -~ r - ~, III ~' snuFRr. _ 7--~ I I ~ ~I~. i T _-~- - -- ~_~ ]-- ~- I ' I I r haL~ I --- 4*r -__--_~ L._,._J -' - ~ Q~ Q~B~{~ p~~~ _- ~~ _•_~~ I `n1 ¢ E SING OEMGL!TF NEWAOGRIGN iMAL LMNGAR.fA 26%SQ Ff 21175G.Ff 47675G.FT GARAUE B23 50.FT 1GB 517. FT 716 56Ff TO1AL 3,854 6G.P! 483 SG.fT 2111 SdFi 6.482 56Ff r -"'~ TOTALNEWFIAORCOYERAGE 8,4825(lFT 11 N.LOWABLE FlAOK GOYEP.AGE 6,06D 5(LFf ix\` I'~ ~rl li \\~ MASiEfl &1TN ~ ~ ~\ --- 7 I 2 FLOORAREA CALCULATION5 1 2d-4' % 32'- 0" = 650 ~ Z 12'-8" X 3T-6' = 475 I I 3 54'-0" % 2'-0" 108 ~ ~I 4 69'-4"%43'-6` - 3016 5 11'-0" % 7-0" 22 7 18'•8" % 3'-0" 33 ' l 8 tY•8"% 5'-0" 58 I i 9 25'-0" % 25'-0"-2 = 312 10 5'-6" % 12'-8" - 69 HOUSE 47675dFf !^ it 5'-6" % 12'-0" 66 ih ]2 29'-6"X22'-0° 649 GARAGE 7155(]Ff , 5,402 TOTAL 5p82 50.Ff ALLOWABLE 6,06050 FT ___ i ~ ~ _ __ I ,, ,~a''~, --- ~ BEDflQQM g ~, ~ gEbiWM 6 ~ Q _ _BEDPOOM 6 C/ "~ ry ~ Iw'_'-'fW~ O \\t -_ 4., BA 5 1 I LIVING ROOM j i r ~~ i~ L B ARY } N•~ ~ \~y, ~ "~ -- _dt I ! I I - I 1. -~ ~ ^ ~~ I _ ~ I r \ I \ \ q9 ! ~ ~-- -~~ ~ ~ ~ ~ e ~ i ~ ~ ! i ~ i \ / „I.,. * - - ----- ------ --t #----- - Ie~ <_- -- -- ~Loor I°LAN NfiVI810N9 BY w ~ o f o a O Q =v~ ~Q u ~ d0 z ~ ~~ LL y Q 3 2 Z m °n P jii i / -- Y ,~;~~-y ~ ~ ~ ~ ~ ~ ,.,, I ~ ~_~ ~_ ~~ a I ~~a, ~rsmr+~. I ~~ ~I~- ~ ~ _ i -~ __ _ ~- _ ~.---- ---- ~ ~ ~-~f ~~ ; --- ,y~~~ LEFT SIDE ELEVATION / .p~ \ _ ~_~ oT~ o ~ J~ ~ l ~r~ ~,, ; ~ ~l I ~'~ =~ ~~ RIGHT SIDE ELEVATION ' w~.. ,BO :9'.ee" ~~~~ ~~~ ~~ REAR ELEVATION ~O^ ~, ~ ~r "`,~1i ~ \~~ ~ ~~~ - ~~ - - "`~~ ~e1 ~ ~~~ ~ G' ~~ SCI ~ ~_ i ~' a ~~ Q , ~aL~ ~~ ~ - r ln~ _ ~ ,' - - - ~, , ~~ d ~ or - cl LAC ~ ~. k ~--l ~ 1 y ~LJ~ l~ .C e FRONT ELEVATION Did ,gnu. ,e, : o ~ I p I ~ - ~ , ~~ ~~ ~_~ , ~ , p W o v ~a f mU ~y~ v ~ g0 LL ~ Vm • Q z Z #m O G • • • V ~ ~ ~ ;~{. 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I m o '~, ~ u ~y~Q ~ ~ a0 2 d k • APWN TRI :{ cnec«eo Dare J~ue ~a,3 Hca~e ~ : 20~ roe no F27-o B~N~2H/B\JT V of a«eHre ITEM 3 • • • REPORT TO THE PLANNING COMMISSION Application No./Location: 03-105;13000 Glen Brae Drive Type of Application: Use Permit Applicant/Owner: AT~T Wireless Pacific Gas Est Electric Staff Planner: Christy Oosterhous AICP, Associate Planne~ Date: September 10, 2003 APN: 393-21-006 Department Head: ~~- ~~~ _~ ~~, ~~J ~ ~~ ~ ~ _~ add ~~ ' ~ m I~ '' I~-E c etas j ~r~ ~ __ { z _~ ®Rotect Sne ;~ : ,.~~ --'~ " ,~ hydro. -~~ Street f~rres r~ ~ 0 Parcels Jam!/ 3 ~' ~~~~ ~~~~., 5i --- -- ~` ' ~ '~ ~ ~~ F ~ _~ EE ~`ti, ~' °,. ' ~~ ~. -~ r ~~ ~~`, ~ i ~' ~ yr i, ~ ! ~ N ~y0 500 1000 ~ 1500 ~ 2000/ ~~ ~~ 13000 Glen Brae Drive r r r ~T~ r OUO®01 Application No. 03-105; 13000 Glen Brae Drive CASE HISTORY EXECUTIVE SUMMARY ~~ Application filed: 4/17/03 Application complete: 7/15/03 Public hearing conducted: 9/10/03 PROJECT DESCRIPTION The applicant requests use permit approval to install six panel antennas and an equipment enclosure at the location of an existing utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brea Drive and Chardonnay Court. Irrigation and landscaping are proposed. STAFF RECOMMENDATION In order to completely screen the equipment located inside the enclosure staff recommends the enclosure be not less than 7.5 feet in height. The applicant has proposed a 6-foot high enclosure with equipment located inside at a height of 7 feet. Staff recommends the Planning Commission conditionally approve use permit application number 03-105 by adopting the attached resolution. ATTACHMENTS 1. Resolution of approval. 2. Mailing labels for project notification. 3. Existing and proposed sites map. 4. Coverage map. 5. Photosimulation. 6. Photo of split slump stone wall. 7. Reduced Plans, Exhibit "A". • • 0~~~~2 • STAFF ANALYSIS ZONING: Agricultural District (A) GENERAL PLAN: Residential Medium Density Maximum Dwelling Unit Per Acre 3.48 MEASURE G: Not Applicable PARCEL SIZE: 2 acres AVERAGE SITE SLOPE: level GRADING REQUIRED: Not Applicable ENVIRONMENTAL DETERMINATION: The proposed project which includes construction of an equipment enclosure and installation of six panel antennas is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. MATERIALS AND COLORS PROPOSED: An earth tone split slump stone material is proposed for the equipment enclosure. The panel antennas are to match the existing lattice tower. ~OC30~3 PROJECT DISCUSSION The applicant requests use permit approval to install six panel antennas and an equipment enclosure at the location of an existing 125 foot tall utility lattice tower near Congress Springs Park. In 1996 the City Council adopted an ordinance, which, established communication antenna facilities as conditionally permitted uses in all zone districts within the City of Saratoga. Six antennas are proposed to be mounted approximately 60 feet above grade on the existing utility lattice tower. The dimension of each antenna is 4.25 feet in length, 1.33 feet in width, and 0.29 feet in depth. The proposed equipment enclosure is to be located near the tower. The dimensions of the proposed enclosure are 19 feet in length, 10 feet in width, and 6 feet in height. In order to completely screen the equipment located inside the enclosure staff recommends the enclosure be not less than 7.5 feet in height. The proposed equipment enclosure will be uncovered and will be setback approximately 70 feet from the curb of Glen Brae Drive. Irrigation and landscaping, including bushes, are proposed. In addition, the enclosure be covered with creeping fig vines. Proposed equipment to be located inside the enclosure includes radios, batteries, and electronics to process the phone calls. • An existing equipment shed is located on the site for Verizon wireless. The existing equipment shelter is approximately 20 feet in length by 12 feet in width. The existing shelter would be located in the background of the proposed enclosure as viewed from the public right of way. Existing antennas are located on the top of the 125 foot tower. The parcel is owned by Pacific Gas and Electric. The 2-acre parcel is long and narrow and abuts the railroad tracks. Existing improvements to the parcel include a pathway, a parking lot, and a wireless facility including an equipment shed and panel antennas. Surrounding land uses include Congress Springs Park and single-family residences. Due to the projects close proximity to Congress Springs Park the public works department has reviewed the plans to ensure the project will not conflict with the recently implemented upgrades to the park or any future improvements. As a condition of approval, the public works department has required that the applicant install approximately 60 feet of 5-foot wide PCC (Portland cement concrete) pathway in place of existing path that is directly beneath tower. The landscape plan includes the required pathway (see Exhibit A, sheet 5). Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a cumulative RF exposure report which evaluates both the proposed and existing wireless facilities. The report concludes that the RF energy is well below the Maximum Permissible Exposure limit established by the FCC. oaaao~ • Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff , recommends the planning commission approve of the proposed project based on the following findings: • 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 in that it is a conditionally permitted use that is visually unobtrusive and that the aesthetic impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The antennas and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities. STAFF RECOMMENDATION: In order to completely screen the equipment located inside the enclosure staff recommends the enclosure be not less than 7.5 feet in height. The applicant has proposed a 6-foot high enclosure with equipment located inside at a height of 7 feet. Staff recommends the Planning Commission conditionally approve use permit application number 03-105 by adopting the attached resolution of approval. 000005 • Attachment 1 ®®C~0®6 APPROVAL OF RESOLUTION NO. Application No. 03-105 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA AT & T Wireless; 13000 Glen Brae Drive WHEREAS, the City of Saratoga Planning Commission has received an ' application for Use Permit Approval to install six panel antennas and an equipment enclosure at the location of an existing 125 foot tall utility lattice tower; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct a new single family home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said • application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: a) 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 in that it is a conditionally permitted use that is visually unobtrusive and that the aesthetic impact of the facility will be less than significant. b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. c) That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: • ~QQ~®~ Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 03-105 for Use Permit Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The equipment shed shall be constructed of split slump stone concrete with creeping fig vines. 2. Creeping fig vines shall be planted at five feet intervals and shall be a minimum of 15 gallon. Figs shall have irrigation as needed. Landscape bushes with irrigation shall also be provide per exhibit A. 3. All changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 4. Four sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Division. 5. The site survey shall be stamped and signed by a Licensed Land Surveyor. 6. The site plan shall contain a note with the following language: "Prior to • foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 7. All proposed landscaping shall be installed prior to final inspection. 8. The applicant shall be responsible for maintaining all equipment, structures, and landscaping to the city's satisfaction. 9. Within 30 days of cessation of business, the applicant shall remove all equipment and structures. 10. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at anytime modify, delete or impose any new conditions of the use permit to preserve the public health, safety and welfare. 11. The enclosure shall fully contain all equipment. No equipment shall be visible from the public right of way. The enclosure shall be no less than 7.5 feet in height. • 000008 • PUBLIC WORKS 12. Developer shall install approximately 60' of 5-foot wide PCC (Portland cement concrete) pathway in place of existing A/C path that is directly beneath tower`. The extent of the new pathway shall be from the UPRR right-of--way to the north, to the existing A/C driveway to the south. 13. Developer shall submit a set of plans to the Saratoga Public Works Department for review and acceptance of design for above item. 14. Developer shall obtain an encroachment permit from the Saratoga Public Works Department for the above stated work. CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must commence within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of adoption PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 10th day of September 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: • Chair, Planning Commission ~Q~'~®9 ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~0~01® • • • Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~~~®~.~. • Attachment 2 ~~Q®~~v PACIFIC GAS & ELECTRIC CO SARATOGA CA 95070 CALIFORNIA STATE OF SARATOGA CA 95070 CALIFORNIA STATE OF SARATOGA CA 95070 LAWRENCE R & ELIZABETH BURGESS 13102 ANZA DR SARATOGA CA 95070 SCVWD COX AVE SARATOGA CA 95070 STATE OF CALIFORNIA 13125 SARATOGA AVE SARATOGA CA 95070 PETER & DORIS VUTZ 19640 JUNIPERO WAY SARATOGA CA 95070 FRANKS & MERCER KING 13098 GLEN BRAE DR SARATOGA CA 95070 NASIRI 19500 VIA REAL DR SARATOGA CA 95070 F & BARBARA MALLEN 52 VIA REAL DR SARATOGA CA 95070 SOUTHERN PACIFIC TRANSPORTATION SARATOGA CA 95070 SOUTHERN PACIFIC TRANSPORTATION SARATOGA CA 95070 BEVERLY J KORBAY 13148 ANZA DR SARATOGA CA 95070 MINGTANG YIN 13527 TONI ANN PL SARATOGA CA 95070 CALIFORNIA STATE OF SARATOGA CA 95070 PACIFIC GAS & ELECTRIC CO COX AVE SARATOGA CA 95070 MARIA R GUERRA 19660 JUNIPERO WAY SARATOGA CA 95070 BILL N WONG 13076 GLEN BRAE DR SARATOGA CA 95070 LI-QIAN & NING-YUAN LIU 19486 VIA REAL DR SARATOGA CA 95070 HUNG K & JING-MEI HU 19430 VIA REAL DR SARATOGA CA 95070 SARATOGA CITY OF SARATOGA CA 95070 SARATOGA CITY OF ' SARATOGA CA 95070 MEIR & LYNN LEVI 13126 ANZA DR SARATOGA CA 95070 CHEN 13068 ANZA DR SARATOGA CA 95070 SOUTHERN PACIFIC TRANSPORTATION SARATOGA AVE SARATOGA CA 95070 RALPH H & FRANCES WOOD 19661 JUNIPERO WAY SARATOGA CA 95070 GERALD A & KATHRYN FIELDS 13110 GLEN BRAE DR SARATOGA CA 95070 JOHN J & LORRAINE KORANDA 19522 VIA REAL DR SARATOGA CA 95070 GREGORY R CRONIN 229 UNIVERSITY AVE LOS GATOS CA 95030 SITYH-SITYONG & HUEY- CHING BAIR 19445 VIA MADRONAS CT SARATOGA CA 95070 000013 ADRIANO D & FRANCINE ROSSI 19447 VIA MADRONAS CT SARATOGA CA 95070 J A MOW 19449 VIA MADRONAS CT SARATOGA CA 95070 RICK F & CATHERINE PRENTICE " 19451 VIA MADRONAS CT SARATOGA CA 95070 FONG-JEI & PEGGY LIN 19450 VIA MADRONAS CT SARATOGA CA 95070 CHARLES E & LAURA BOARDMAN 19444 VIA MADRONAS CT SARATOGA CA 95070 MA-LI CHI 13132 VIA MADRONAS DR SARATOGA CA 95070 YIEN D & HU HUNG 19403 VIA REAL DR SARATOGA CA 95070 ROY L & GENEVIEVE STRAUSS 19448 VIA MADRONAS CT SARATOGA CA 95070 ROBERT A & EILEEN EBENHAHN 13166 VIA MADRONAS DR SARATOGA CA 95070 CLAIItE & ALDO SELVI 13120 VIA MADRONAS DR SARATOGA CA 95070 SUBRAM & AKILA NARASIMHAN 19425 VIA REAL DR SARATOGA CA 95070 WILBUR F & LOIS MCPHERSON FUJIO & HELEN YAMAUCHI 19449 VIA REAL DR 19471 VIA REAL DR SARATOGA CA 95070 SARATOGA CA 95070 KUMAR & KUMAR VENKATRAMANI 19495 VIA REAL DR SARATOGA CA 95070 CHARLES R & GLADYS HAGGETT 19517 VIA REAL DR SARATOGA CA 95070 C S & VISWANA BALASUBRAMANIAN 13010 GLEN BRAE DR SARATOGA CA 95070 PACIFIC GAS & ELECTRIC CO SARATOGA AVE SARATOGA CA 95070 SCVWD VIA MADRONAS DR SARATOGA CA 95070 PACIFIC GAS & ELECTRIC CO SARATOGA AVE SARATOGA CA 95070 SCVWD SARATOGA CA 95070 TR LEUFGEN 19446 VIA MADRONAS CT SARATOGA' CA 95070 UTIT & SUPAWAN PIMSAKUL 13154 VIA MADRONAS DR SARATOGA CA 95070 JOHN J & MARGARET MCCARTNEY 19381 VIA REAL DR SARATOGA CA 95070 RICHARD M CORNELNS 19437 VIA REAL DR SARATOGA CA 95070 JEN T & MARIA CHEN 19483 VIA REAL DR SARATOGA CA 95070 OGAWA 19529 VIA REAL DR SARATOGA CA 95070 PACIFIC GAS & ELECTRIC CO SARATOGA AVE SARATOGA CA 95070 THOMAS H & LOREN COOK 19329 VIA CRECENTE CT SARATOGA CA 95070 000014 DONALD A & MARGARET JY K LIN KATHLEEN J & JOHN WILHOIT BLACKWELL 19343 VIA REAL DR 19355 VIA REAL DR ~~ 1 VIA REAL DR SARATOGA CA 95070 SARATOGA CA 95070 STOGA CA 95070 WALTER J & JEANETTE WILLIAM C & JOAN ELHOFF NILESH R & KALPITA NABAR SIMMONS 19379 VIA REAL DR 706 RUSSETT TER 19367 VIA REAL DR SARATOGA CA 95070 SLINNYVALE CA 94087 SARATOGA CA 95070 CHESTER T & LOUISE YU MALCOLM E & EDITH JONES FRANK P & ANNA CRIMI 19346 VIA REAL DR 13135 VIA ARRIBA DR 13146 VIA RANCHERO DR SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 MICHAEL D & EDITH CHIIMING & AILEEN KAO CHANG-AN & KIYOKO L1N GIANSIRACUSA 13143 VIA RANCHERO DR 13165 VIA RANCHERO DR 13121 VIA RANCHERO DR SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 TR NASSER ANDY P & ET CHAN STEPHEN S & NANCY CHENG 19568 CHARDONNAY CT 19546 CHARDONNAY CT 19538 CHARDONNAY CT SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 TR~BRACHER ARY G & MADELINE G REED W & GVVYNNE LARSEN PO BOX 1469 CHIAVETTA 19560 CHARDONNAY CT SAN JOSE CA 95109 19548 CHARDONNAY CT SARATOGA CA 95070 SARATOGA CA 95070 NOEL R & TAEIM CHUNG NAGARAJ & GEETANJALI SHAWN & JANE LEE 19574 CHARDONNAY CT ARUNKUMAR 19577 CHARDONNAY CT SARATOGA CA 95070 19582 CHARDONNAY CT SARATOGA CA 95070 SARATOGA CA 95070 BITTNER SUNIL P & SHAILA JOSHI HOREN & JENNY CHEN 890 SARATOGA AVE 19551 CHARDONNAY CT 19567 CHARDONNAY CT SAN JOSE CA 95129 SARATOGA CA 95070 SARATOGA CA 95070 BYOUNG E & SANGMI AN WILLIAM G & BARBARA JACKS & SHU HUNG 13049 GLEN BRAE DR GROTZINGER 13097 GLEN BRAE DR SARATOGA CA 95070 13073 GLEN BRAE DR SARATOGA CA 95070 SARATOGA CA 95070 P & MARIA YIU PERNG-FEI & BINNIE GOU ALEXANDER C & LING-RU 1 588 VIA ESCUELA DR 19606 VIA ESCUELA DR WANG SARATOGA CA 95070 SARATOGA CA 95070 13034 VIA ESCUELA CT SARATOGA CA 95070 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Y~'=~.r~~~ ?4`Y:.-..~... .. ~.-"~*~a. ~`~~-.._.._=~''x~ ~~~"` _ _~.,r~ ,~~-,=..a~, 'tom' _ :-L~~.r~9' _._ # ~_~ :~--sue.-: ~sJr 'r f~+:- :_?.s ~.c~'~LS:t,L~:L ~t-f. ^ :r~ ..,-~-f :, ~.~ C • s 0 N i P U a a ~~. I I~ 1 • I , ~~ AT&T 1NIRELESS SERVICES L.L.C. ~~ SITE NUMBER: SNFCCA0585A SITE NAME: HWY 85 & SARATOGA DRAWING INDEX REV. DIRECTIONS PROJECT INFORMATION START ON NOWE RD. TURN IfFT ON PINE ST, TURN LEFT TO TAKE THE HWY 4 EAST RANP TOWARDS STOCKTON. TAI(E THE I-6B0 S, EXR TOWARDS SAN JOSE TAXE THE MI590N BLVD/WARM SPRINGS EXIT TOWARDS UC EXTENSION. I J R E T 5 S ~ R SCOPE OF WORK: AN UNMANNED TELECOMMUNICATIONS FACILITY INCUl01NG 1 ERICSSON RBS SNFCCA05E5A • Z01 TITLF SHEET ~ N RIGHT ON TU SARATOGA AVE. EXIT. TH SAN FRANCISCO TAKE THE HWY 8 TOWARDS GILROY. TN(E • E 7f PLUS 2 GROWTH CABINET5 AND 6 ALLGON 7920 PANEL 2106 CABINET SARATOGA AVE. TURN RIGHT ON VIA MONTE DR. NRN RIGHT ON GLEN BRAE OR. , ANTENNAS WILL BE MOUNTED TO THE EXSITINC PG&E TOWER• SNFCCA058SA • Z02 SITE SURVEY 1 VICINITY MAP SITE ADDRESS ; 130001(tLE14 BRAE DR. s R r c 9 D7o SNFCCA05!<SA • 20.1 SITE PLAN ~ DETAILS 1) A A A oGA, 5 SANTA 4tARA COUNTI' I SNFCCA05d5A • Z04 ELEYATION VIEWS 1 ~GAS MID ELECTRIC COMPANY PROPERtt OWNER PACIFIC n eEA4E sT. 2sn, SNFCCA05a5A • ZOS LANDSCAPE PLAN 1 N SAN FRA.NaSCO, CA. 941os CONTACT PER SON: RICH HILDERBRAND (925) 984-9198 APPLICANT: ATCcT WIRELESS SERVICES, INC, 651 GATEWAY BLVD., SUITE 1500 S0. SAN FRANCISCO, CA 94080 PROS~tt ~ ` LATITUDE: 3716'4 .18"N LONGITUDE: 122'00' 1.45" W ~ tAT/LONG TYPE NAD 87~~ ELEVATION• 329 4'i'I AMSL AT CENTER Of TOWER i SARATOGA ',E, ~ JURISDICTION: CITY Oi SARAiOGA rt --~ ~>< OCCUPANCY: U (UNNANNED) CONSTRUCTION TYPE; VN i "~ ~ f ~ S•B.E: 135-43x(01)-35G-2 , N CURRENT USE • PCItE RIGHT OF WAY PROPOSED USE TEIECONNUNICATIONS FACWTY SIT ~ E ~ ~ LOCATION SITE QUALIFICATION PARTICIPANTS ~; A/E J.E. SCHURICHT J.E• SCHURICHT ~ ASSOCUUES (925) 674-1151 SAC RICH HILDEBRAND NSA (925) 964-9198 1 RF DANISH BPNGA BECHTEL (925) 957-8991 PORTION OF THOMAS BROS. MAPS CONST• BILL VALLEJOS BECHTEL (925) 957-8865 MAP #65 GRID #B4 I LANDlORO NIKKI HERRMANN PG&E COMPANY (415) 973-0208 I ~~ I J ~ ~ ~ ~~ , ~ HWY 85 & SARATOGA ~ AT&T SITE N0. SNFCCA0585A ~ TITLE SHEET 2300 CONTRA COS 220 TA BLVD. t waAOV w/" , 13000 GLEN BRAE DRIVE I e-ts-m amw ~ ra+ ' x PLEASANT HILL, CA 9452 SARATOCA CA 95070 AT&T YAFE(E,9g sEH41CES, INC ~~ pEy~ypn gy ~ ~a" w +oe xa duwa no etv PHONE: (925) 674-1151 . , ai amw• e~w, sup isoo FAX: (925) 674-1314 ~• ~ ~N0S00~ a °'0°° sc~ AS s+rnM oES~r+m owun ~ 0313NSA 24897-512-A SNfCCl0585A-Z01 i ~ ,., s a m 0 n n w 0 I '~~ W a z 329 59 w• u1a~~i m n Lone 12rao•sl.4sw(r"o °s> IONC• 12700'47.9?W 126 BS l~1 ~7a-~ /~: ~~~ V ~~~ it I I I I I I 1 1 l EPh 328 57 I 329 02 318 64 I p~, 1 i 1 V t \\ / 80LLARDS \ A ~ ~ aCC BUSHES yV ' a°sl 163• ~ CLLARDS X CC O 33028 CE VENT (~3~ 5 \ 328 BI i \ TOP ~IEIT(k ' 77925 TAA LC 33059 \ \ CC .~ COfl ]285 32855 _~ 328 53 ~'~ DIRT I~ 1 3~C}5 j' \ 1' ~ I . EPk ~ CC \ 056 1'"801 r`' 32874 \ BUSHESx 129 ~~ 324.14 JIB 92 PROPOSED EQUIPMENT \ END FNC COR EP ' '~tl 82 ~ LOCATION \ 329 24 \\\ Ep 10119' LEASE AREA ~ `~~ PROPOSED `, ' 33rxR°ia ,,x`29,9+.------- c -__ i ANTENNA ---- 32883 , LOCATION Mourn ro E>osnNC roNER `~`~~ Eno r c ASPHALT DRIVEWAY 2 8 52 3 EP 32915 319 J3 32940 .----'--"--__ ~ ` ~ I` ~.I 1. ii' d"1~/, l `, tOP LARCF VENT J 11(I~6~+i,.: ~~``> 72908 "~' ~~ ,e ~ ~ ~' ~'Y ~ x . END FNC ~ ~~ %f ~'o'~, ..~ IEP ~ ' I ~-~~~ ,,r'J.,~ ~ J2922 0;., ~~~ ~4~ ~S29 S1 \F FNC COR Sa981 ``~ PROJECT AREA SCALE I' • 10' GRAPHIC SCALE •. } ' p f tl E d lseY l l laal • LG R 328 55 TC ~r1Y0T~A080UN0ARY SuRVEYEPROPERTY LNES SNONN AREARE APFA 1. ~ ~U~IC~'1' ~ ~SOC1l~S 2300 CONTRA COSTA BLVO„ 220 PPHONET(925) 674-9451 FAX; {925) fi74-1314 HWY 85 dL SARATOCMA SITE N0. SNFCCA0585A 13000 GLEN BRAE ORNE sARArocA, cA, esa~o AT&T 1 e-ZS-07 Oi511ED FGR ZONING APPROVAL I ATar wIPr:LESS ssTaL~s,1NC o, DATE PEVISaNs 161 GVnrAY eLYa sttE 1900 m. srN rnvasm. u Mae6 scNr: AS sNOwN oESKR+m quwN NOTES DALE OF SURVEY JANUAPY 24, 2001 AIRVEYEO BM. J.E. $CHLBMgIT 4 ASSOgATET ~( RCE 2e670 BOUNDARY SHOMN IS BASED dl YONUMENTAnON f0UN0 ANO RECORD INFWIlAliON. THIS IS NOT A BOJNDARY SI0IVEY. iM5 IS A SPEOAU2ID iffOCAAPHIC NM WM PROPEAtt L01ES AND EASEMENTS BEWC A ORIPHM OEPICiKW BASED ON NFOAYARgI GATHERED FROM VARIWS SOURCES OF RECORD AND AVAILABLE NONUIIENTS fWND DUPoNC ME FlELD SIKIV£Y NO EASEMENTS MQiE RESEARCMm OR PLOTTED PROPERtt LINES AND LINES ff nTLE MERE NOT INVE4nGATEO MOIL SURVEYED EKgPT AS SHOMN ON TMS PLNI NO PROPERTY MONUAR}ITS WAE SET DESgnPnal ff PARCEL: NOiI TlE REPgiT NAS AVAIVBLE At ME OME ff ME FIELD SIATVEY. OESSRIPnON OF PROJECT AREA: ICELIJR.AR EOUIPLIFNT CABINETS MLL BE PLACED UNDd91FAM THE El65TNC P.C.e£. 1RANSIDSSION TONER WM iFff ANTENNAS AIGCHEO TO ~iME E705nNG TOWER. AS CERERIJLr SHONN uPOrL fW5 PIAJI `I TOOEMER WM U1eJtt AND POKER EASEMENTS NECESSARY TC SERVE THE PROJECT TOCEn$R WM AN EASEMENT FOR INGRESS ANO EGRESS FROM 1NE R18UC aGAD Ta n~ PROJECT AREA, As GENERAIJ.r SNOMN UPON M6 PLAN 511E MANE Arm NUMBER: Nrn bS d SARATOCA/ /46aA0SB5A SITE /DURESS IJ000 OIflJ BARE 11 SARATOOA CA 95070 59~E 13S-N{01)-350-1 ApPl1CANT: ATkT WWElf95 (` 9S1 OA1E'9AY BLw, 13M Fl1L, SUTE IsoO SOUM SAN FRANCISCO, CA 94090 OM[(h PACIFlC GAS ANO ELECiPoC COMPANY EIEVATI0N5 SMOMN ARE BA¢D ON: SANTA d~RA VAl1EY WATER gS1PoCT BENCHMARK N0. 159, BRASS OISIL BACIL SIOEYIALK DONN5IREAY RWNi ff SCOTLAND OPoVE &BO/E AT SARATOCA CREEK, SET 1980, qTY ff SARATOGA ELEVATION TAKEN A9 77619 NCw 19. BEARNOS SMOMN ARE BA$D UPON 111E MONUMENTS fOUND 87 OIEN BRAE DRIVE, AS',5N0 YONUIENiS AAE fHOMN ON iFE MAP ff TRACt N0. 1B7S, ARROYO DE SARAroCA IOLIf NQ 2 RECOAOED JUNE 10. 1997 IN BOOK 191 AT PAGES 14 k IS 0L Illff OFTICE ff ME RECORDER, SANTA CWIA OOUNtt. EEARINO TAKE! AS N050'S4'N. 0.00D PLA91 EIEYAnCN ff PROECT AREA IN ~11E X A9 SMOWJ dl FEMA FlAM NM COItlIUNTY-PJWEL NUMBER 090751-00010, DAIEO JULY 7, 1997, AS IDETfTFlED FRpJ SAm NAP. ME~ LOCATION ff E7151N0 UTUtt FACOITIES HAS NOT BEEN RESEARCHED, ME~CONTRACTOR 91ALL OONTACT iILE RESPECnVE UnUtt CONPAMES TO OBTAN INFIRMAl1011 REQNI09m ENACT DFPM ff BURUL 1N0 HOPoSONTAL LOCAnON ff UnUtt 191ES PRIOR TO CONSiRUCRON J E 9CI91RICNT AND A550gAfES A49191ES NO RESPONSIB9ltt FOR ME OEMNEA110N ff SUgI UNOERGROUIID U11L1TIE9, NOA FOR iFE EXISTENCE ff BURRD 06ECiS WiMM ARE NOT SHDMJ ON 1105 PLAN FAQ( 2c arlmcAlale IA~TUOE Alm LONgnAf FOR 110: PROECi AREA MERE OBTNNED BY U9NC GP6 J. E 901AK8giT k ASSOgAIES CFR191E5 tHAT ME unNDE AND LCHf11lIDE OFNOim ON TITS PLAN APE ACCURATE TO MMN 4/- SO FEET NgeZQJTALLM ANO nIE 91E CA.OUND ELEVAngI NO1FD AT PROJECT AREA AND ANTENNA I,OCATgNS AAE ACCURATE TO WM9i t/- 10 PEST VERTICALLY. ME HOPo30lITAL DATUY OOOAgNATES) ARE IN RAYS ff ME NORM AIIEPoCArI DANA ff 19BS (MAD B3) AND ARE EzPRESSm AS DEGREES. MMInES ANO SECONDS TO 1FE NEAREST TENM ff A SECOND, ME YERTM,AL O Y ~ ~TS)(~ pfEPY9 OF 4E NAng1A1. CEOOERC VERRCAL OEOORAPHIC COORDINATES FOR CEN'1'ER OF TO1fER. ,43 3HO1KN ana 7 Ian k r N 1 k SITE SURVEY I 0313NSA (14897-514-A ( SNFCGA0585A-2D2 W 4 ^h PARKING LOT 0~ 1f LEGEND ~\ ~\ ~ CC CONCRETE \ ~ COR CORIrER \ ~~ ff ffff POLE EP EDGE ff PAVEMENT ``~ FNC FENCE ` NV MGM VOLTAGE ~`~ LG LEG ` NG NAll1E GROUND V `.~ Tc Tff FACE ff aRe \ ~ TWi TOYER ~ LJxAnoN nC YARK \ ~`. 42~ spar ELEVAnaN `.~ Tff 66LrBC- SPOT pEStliPnaN t \ ~~~ CONCJ9ElE PADS \ ANSL ABOVE MEAN SEA LEV4 AGL ABOVE GROUND LEV4 NOTE: IF DRAWING t5 11'X 17" REFER i0 GRAPHIC SCALE Vlt;1N1TT MAY n.T.s • s a N O n N D 3 N n i ~1 W 0 i z ,,i~ ~ \ 11 \ NEw lrxx PULL BOX 9 ~5 ANTENNAD CDR \ ~@ ; LOCATION ~ WmXNicNr I 1~~1 & E}E~i'Aa µar~i~s ° '*ets GEN' RAL NOTES 410.1 1 ~ I ENSnIC, ~ r »n ANmkTAS e ~ ~~ I e0' it': Aa RAD CENI -E>asiwc uRGE 1fNr ~ 1 u1FaIYATroN sHOw oN 11ESf DTULwTWS WAS OBTAwfD PRDY 1HE 1 A ~ o ~ EgSIINC 91E SJRI£Y Awl 9ff wSIT BY dE SaUAN]IT k ASSOCIATES \ I NEW FIBER OP11C UEE A` ~ \ ~ „~.~ EIUSHES i $ SuBCarBACfdt 41NL NOIFY hTtT wItlOE55 ff AMY pSCNPANCfS , J \ ~\{~ r ~ lr X? PRXA ro DROEwNO YAIEPoAL aR P~INO w1H CONSTRUCTwN I E70STIHC `~~kj C1 NOTE I IPC~ TD'S ~~~G//p '~1 ~ 1' 11195 PRCPDSAL IS fD1T THE PUCfllEflf DF tEIEWYAftlGllaS CFBDIEiS WLL BE PLACID AT I r 'b`~ \ ~ EOJPYPNT CABNEIS ATO iME PLAfE11EHT DF ANTENNAS a ME EgSTwO 47E EIEVAiIDN wiH NO PEW ~~'\ EXISi91O PO1E fOiwA GRADING aANCES SITE EIEVAWa 1 \ 3 DCft.PANCY Er UIDIFD ro PERp01C YNI1FlINICE ANO wsPECTNIN, ~ w91 NOT BE ALTERED \ \ " \ J\ APPR07WIATELY 1 19ffS PER YOEITN, BY ATkr IEUwIp1NS \\ \\~ ~,~ FiO~ `~ ~ 1 f / 4 NO NOISE. SYOI~, DUST pi ODDR WLL ~1LT FNON iN15 PROPOSAL .`~ I~ 9R' \\ \~~~ ~ ' , < \ EbSRNO S d11DOd1 STCRACE Alm SOl1D WASTE CDIITAwFAS APE NOT PROPOSED. `\;~`~ SN9 ~T p 3 TO~~'(~ \' : ` ~ 1 EWIPYENT ~ _`\2 I p \\ \L ``~ \ i" :~~ / SHELTER 8 ALL YATEwAL SHALL BE FURwSHED AND WORT( SHALL BE PERFORMED ``~`~/C ~ \ 1 \;. ~ ~ `~ w ACCORDANCE w1H 1NE APPl1CABLE SEC110N5 OF SPECIFMARON `~`~ A' I / ~ k. \i •: :' , NUIIEER 1{KS-EDT-XS-AOOi-OD001, 'IEaNICAL SPEC9rCAila FOR \ \~ , , ~~ . :~" PROPOSED casmucna a csY/aPRS wFELESS star, AND 249AS-eol-ems- `~~~`~.~ ~~ I i ~ 260, L ~ •• ~ \ E~IUIPMENT E000-00001, •raaxlcAL SPECNrcArNxX FOR FAauTY alowmwc' w `. ~ qy~~, `. ~~:. LuOCATION CASE OF A CONEIkT TEETwEEIX THE cansTaucna+ SPEOfIGRONS AHO `~; R4~„ ~ ~ CY?T~ ~; ' 1• •~ , ~~ ~l ." \ 10'%18' LEASE AREA riff ORAWNGS, Rff pUwNCS SHALL 00HPL1 . \ I ~` Rl ~~'~ \ I ERH:SSa RBS 2108 C,1AwET q,.`` +' ~ w (~ \ j~. / \`~~` ~~` ,, '~x`,~;~ r 2 GROWN CAEMEIS T COIISTRUC11011 SUBCa1RACTOR 41ALL ff RfSPONS~E Fd! OBTNxwO ~.qp„~`~ -~ Iy' ~, ~ Qw , \ 1. , ,, • •, . .\ ' . ,, ~a fro,` „ All PERIITS M!0 wSPEC110NS RFAUwEO FOIL COIISiRIIC110N ~.~ `SAO\.; ~ \\\ `~ ``'~`~~, ~ & CONSiRUCildl StBWl1RACTOR SIIAL BE RESPON9ELE FOR REPABwC ~` GEC `. I ~ ,~' ~ /,, (E) BLLUVwS ~ \~`` \ `\1. ~~ % \ ANY OALIAOE CAUSED BY THE COTISTRUCigN OPERAIICAI pO`R/IQ` \ /, 1 • `'140' ~' \`~ (E) BUSHES ~`~ ? `~ - \ 8. caS1RUCr1011 suecamACTOR SHNL AENO\E NL TRASH AND OEwtlS FRaM Cb `\~ (NJ, a 8 `~ Rff 511E a A GARY BA4S. ``` ~~'i-' p ,~F \ `~~ ``` `~\- ` ID 1HE LOCATION ff ENSBEb lElOERCRWTO UBUT83 1S UWfNDWN. 1HE R~~, \`I ~`-'~E'~ R' Ca1RACTgr K CAUTANFD 11UT ONLY EKCAVAAa WGL REVEAL Rff `\ ~', rYT+ES, a1nEETr, sas, AND oEPRIS ff uNnmaalND utwtES dE ~~ ~AA.,, i `~` ~>~ a, t>~ \ --------- \` ~~, • 949TRIQIT k A8S0ClAlE9 CAN ASSUME NO RESPON9BElTY faR 1NE .1-n~`v~~,~l,~L~ `' ~ ,{+ `, i--'`- --'-- ~ 3 , aYPLEtoffss ACODIACY as mn&Ano11 aF ANY uNOEAOROlNO . "~D,rl~, `\````\ ~4(T NS/'~ __-' ;~ utlutNS, NaR FaR 11E E1091ETICE aF onffR auwED oa,ECrS waa ern ~ r (~ ~~ ~~~ ARE Not 91owT a M,5 PW1. nE DamADlrAr SNAIL CONTACT \` / 1NE AESPECmE U19llY COMPANY ro OETAw wFCiaAlION REOARdNO `• I~\ a~J ~-'~"'• ~\ \ ~ EAACr DEPTN ff BUwAL AND XOPo20NTA LDCAiION ff U111tt tN1ES \` ``~~ ` ~ PRIOR ro PuFDTtw1E uloptarouTa mNSTmlena, WIE CoN1RACroR -~, SHALL MN(E Wff NEEESSARY PROBES ro IDENRFY AREAS ff POSSwLL GRAPHIC SCAM ` DDNPUCt wnl PRQ+OSfD DaTSminna. E10Siw0 PAVOIaT il. 1MS K A Slff PUN 0)aY, NOT A BdwoARY SURVEY. NO EASOIE1115 ~`~ ACCESS ROAD NA1E BF'fN DI\fSiwARD CR SHOMN. (a ~) ~ I ~ I lee-• l 0. I ``~~ ~, I ENLARGED EQUIPMENT AREA ~~` ENLARGED PROJECT AREA ~~'`, SCIAE I/E' • 1'-G EwSRNO ~ EYSTwC PAC BF1L MAN110.E GRAPHIC SCALE O PENCaa wire ``~\ (E) wesrAna ~ ~ ~ + • \I ~ EkSrINO URGE VENT { M! Elrrse) ~ I LImA•1 R ~ / 2 1/2' PIPE AIPPORT OROWRI OPS k UN ANTENNAS (FEDERALLY YMIOAIFD) AOJUSTABIE OOwVBLT BRACIffT ~ row:W LEC r POGFR k ~0 PANEL POWER k IELCO PANEL 6 i a (+-7'-L'~j ~4'-] ]/1a'-.{ ~ PkEL ANTEMLA TONfA CROSSNbI i COAIf CABIE ~' _ NOTE: a VAUIaT ADUSTAaIE o Otl02lpl ~ YE7 ~ TARElESS MOUNT OA I ~ SEE ENLARGED PROF.CT AAA ~ 2100 I APPROVED EQUAL A FOR UTWTY CONONIIAWON P7 CY10.T 1` ERICSSON ~ OROWiH OROWiH I~ ~ 'e ~ ABS 210E EPoCSSa UNR ~ i'~ ~ I h CA9NET RBS 7100 WCDYA \ 0 '^ CARNET TAa YEBD NUR ro BOLTS ~'~ 1 11~TA`~ ANTENNA MOUNTED ON TOWER ~ `~ N ~ N.i.S. ~~ CP10E CONCPEIE 5UB GRADE CONCIiE1E STAB ~ O L_________________J L____________-----------------------------------~ ~ TELCO ROUTE a CABI . ELEVATION VIEYI!S 4 ~ . , ~ IDO $ scALE , 1 -0 a I ~~ J. ~, S(~U~iC~ ~ ~Cll'~ H~85 ~ ~~,,~~ ~ ~AT&T SITE N0, SNFCCA0585p1 SITE PLAN & DETAILS 2300 CONTRA COSTA BLVD., 220 ~ ~ I e-n-o] Ksum roR zoNwc APPROVAL w/A 13000 GLEN BRAE DRNE ~ PLEASANT HILL, CA 9452 AT6TW1 s~ACes,INc Y SARATOGA, CA. 95070 ~~ DATE REVIS1aNS er aN I '~ "° J°° ~' °~'° N0 "fl' ~ PHONE: (925) 674-1151 ISI aATEwArelv0. suTa Iwo Z FAX: {925) 674-1314 w• sw Rur~, a 9'0G° scaE As sNOrRI oES1affD oRAw+ i O]IINSA 44887-S12-A SNFCGDSBSA-20.1 1 ~ 11 ~, • Ex6RN0 ANiFNNAS PROPOSED ANTENNA LOCATION B-SI' P1NEL ANTENNAS ~ 66nK + s oaowrN PANT TO MATCH (~ TOWER J :~ PROPOSED E U[PMENT ~,OCATION Tx1e' ~ AREA 1 ERIC990N ABS 2106 CAB6ET + 2 OPONTII CARNETS R~65 Y~EW~(BEH~610 E)OS'RNO SHELTER) EwsnNc u+TEtaus GRAPHIC 3C ALE q I 1 q Y (OI AStTI 1 ImA . NI R PROPOSED ANTENNA LOCATION 6-51' PANEL N(IENNAS PMTNITmro w~~q Ta+~R E>amnc ANTENNAS o ' e b d d • $ ~ {( < b ~ " I ~ ~ b 1 a m ~ 1 < ~ ~ d~ ,~ a i~ g~ LO~A1 e-s1 PAN ~ INma r PLANT i0 W d 11 c ~~ «^ ~ N ~~ ~_ ~~ r $r PROPOSED EQUIPMENT LOCATION 7'x16' tFASE AREA I EFICSSON RBS 2108 CABINET 4 2 GROWTH CABINETS E~OUIPIR7IT sNaiEa ~ cROwR+ cPS r (TIDen it wwa~tm) ExlmNa ~T EO ~ ^ uAnc EBm~ M ~ ERISRNO , I ';3 ~, ~ II r 9 ~ ~ ~ 1j ~ ~~ 1 ~~.,~ wiat~,j~, 'I~;~I~i^I ~:~~aA""w'i, + F xISi1NOBUSNES fxISTINC ~~d' NEW BUSHES EARIINO CHAIN ULAN R71CE BUSHES NEw E715RNC BOLLARDS E775RNC BOLLARDS BUSHES '~ ~A ~ W M Y ( L ~ ~ POWER k TELCO PM~L,S FOR CUJOIY) i ~ ~ ST6'RLY EL NORTHWE~ F'•VATION j ( ~ "~'0"'m SOUTHI~ESTERLY EL EVATION n , SCKE. 1' ~ 10' ~CHNN ExISTINC EYJUPNENi SNELhA SCAIE, i" ~ 10' i I c E%ISII~~ (CUTAWAY FOR CIARBY) 7 ~ ~~ n V I SU~PSTONE M ~l ~ EpSTMC BOLLARDS DES C GENERATOR P~UC ~ a SOUTHEASTE s~El 1" - ID' RLY ELEVAT IONPROPOSED EQUIPMENT 'LOCATION ,Yz19' IEISE AREA %t I ERICSSON PBS 2106 CABINET ~ 3 f 2 CROWRI CABINETS Q n ' ,~ }~ SCflURIC~ ~ ~ d n , i/1 HWY 85 & sAw-TOGA ~ AT&T ~ SNFCCA05B5A SITE N0 I ELEVATION VIEWS 2300 CONTRA COSTA BLVD., 220 . 13000 GLEN BRAE DRIVE I 8-15-07 ISSUED FOR 2ONU+c APPROVU w/A PLEASANT HILL, CA 9452 AT6TWIPEIES ,gSER`ACES,INc wre RE>AZONS BY ax '~ "° "° N0 °A""N0 No ~' i PHONE; 925) 674-1151 sARAroca, cn. sso~o asl a11EwAr kw, surf 1500 s0 0313NSA 24897-512-A SNFCCA058SA-204 1 TAX, (9 5) 674-1314 so ~' ,' a °'0 scA 1E As sn oxN oESroNEa auw N z~ l• D ia~ • N ~ J N N ~ M 0 M P i s j Q N Z M ~ n M o a ~ r i- w U i j ORIP EYIIER NE11' MUlll-0URET E11ffIEA PER PUN WA1ER 8015 I ODO / ((q~ wAnR PoSERS 1 (Ef rcVS (E) RESDt00NS~ - SALOD J/{ Sf/PLE 0 5' 0 C niREADm COUPUNC 1 (E) WATER VAL1E~ I _ ` ~EURIER 0 NEW J/{1 SCH. EO PYC RISER PER PUN OR 1 ~ (E) PVC R6E8 TO RF]AVN, WHERE APPUCABIE 1 1 (~ WATFA VALVE 1 0 RESTROOYS - -_ - 1 1 VIII II-I -III- II 1 1 f6 HEW A4VilE11 COUPUNCS, 1YP ~ 1 1 1 I EW J/{~ PVC UlERA1 WHEIH: flE0'D 1 I I ~ (N) WA1ER UNE EMITTER DETAIL ~f (J/,•~ PYC r,PE) N.T S. 1 1 I / 11 ~ I 1 I I/ 0 1 (I NtA110N UNE) ~ 1 ~ 0 / 1 Y i / 'I J/ ( S~ / 0 0 I \ 1 E)aSnND IB' ~ i V ~AI~PI~W wAWIDE /" 1 0 1 EgSTING BV9ff5 1 ... •....'. I 1 WAnR LNE 1 1 1 1 ~~ (p ~' 0 V II / ~ 11~ 1 ~ .. ..... ~ t~ (7YP.) li ...... - t ... .. ~ Il 1 11 '' 1 ! // a (E1 Pmd= / NEw euslES ru 1 \ / HNii VOLTAGE 1/ f 1 I C' ' MATQI E77511NC 1 .~.. ... / ~ ''~ ' &191E5 1 11 / n /J ^~ 1 .. f I 1 I , 1 ~ I NSTALL BO' OF 5' WDE PCC (PORiIAND COIENT CONCRETE) PATHWAY ~^ ~7 PLACE OF EIOSIINC A/C PA1H THAT 6 ~~ ~~77((~~ pp~~ J~y~ 2 GALLON CREEPING FIG PLANT \~~ ~\ \ ~ \~ / ~~'~ .. . ~ r " ' / \ ~~~ ~ '.•. .. .~ I .. .. .. 1 ... .... \ .. ...... 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I ~ \~ / < rf ,~ ~ i I I ~ III I .. ~`°"' RELFASE FERTEIIER 8001&11 \ /~ ~ ~ \Z r f ~ 1 f ~~ \ \~ _ _ _ I _ _ 1` - uNDStuRem soB __--, :"J ; I \ ~< ~ -,, \ / ~ ~~ / ~ PROPOSED i A I R~r~ ` PROJECT AREA SITE PLAN \~' m ' wl:F,cE ~ I ITT ~I I 1=11= I I 1=11 I I-1 \ \ ~ C A O I zx RaotBALL aA \ \ / uaux ro Pc aENoxER T I GRAPEDC SCALE ~ ~~ ENLARGED PROJECT AREA \ ~'--- EwsnNC POlE roWEB ° I~ ~ P --~~ SHRU B~SMALL TREE PLA NTING SCALE: 1/,' - t'-0' ~\ ° ~ (DI IlQ11 I N.T S. ~ t men . tE It ' ' ~ ~SOCI~~S J, B. SCHURICfl 1 CML £NC/NEER/NC & LAND SU,WfYINC """ ~ ~ s"~1T0GA = AT&T SITE NO. SNFCCAQ585A ~ LANDSCAPE PLAN 2300 CONTRA COSTA BLVD., #220 ANT HI CA 94523 13D00 GLEN BRAE DRNE i t B-ss-DJ Issum FDR zoND6 MPROYAL w/A PLEAS LL, 674-1151 PH N 925 SARATOGA, CA. 95070 ATdT WiRElEBB>&INC. No wTE REKVa+s eY tHN ur~w Aln Na awxm N° av ) O E: 1314 7 ~ti~lpp eLw, wfE ts°D a °1080 S0 s"+ ~ip90D R w 0313NSA 21897-512-A SHFCCA0585A-Z05 1 4- FAX: (9 5) 6 ~ sauE As sH A am DES~cNm D N ITEM 4 REPORT TO THE PLANNING COMMISSION • Application No./Location: #02-182/ 13089 Quito Road Applicant/Owner: Salim Sagharchi Staff Planner: Ann Welsh, AICP -Assistant Planner Date: September 10, 2003 APN: 389-14-37 Department 7 ,~ IA AO Matra VI C AkC Ae a ;., ~i~ l~ ~ I I i a Gallas M VwMm~ ~ 13089 Quito Road 13089 Quito Road - 7 Lot Subdivision Application # 02-182 000001 McCQ1 -1 ~ ~_, ~ ~ l l I I I I I I I I I I i l ~ ~, EXECUTIVE SUMMARY CASE HISTORY Application filed: 8/19/02 Application complete: 8/13/03 Notice published: 8/27/03 Mailing completed: 8/27/03 Posting completed• 8/21/03 PROJECT DESCRIPTION The applicant proposes to subdivide into seven lots, the site of the former Dorcich Orchard, a 1.97-acre parcel located at the corner of Quito Road and Martha Drive. The area is zoned R-1, 10,000 and the lot sizes range from 10,074 square feet to 12,365 square feet. The proposal depicts six lots with road frontage on a private cul-de-sac shown as Kevin Road. The seventh lot is proposed to take access from Mc Farland Avenue. The new cul-de-sac would access onto Martha Avenue. • The new cul-de-sac is designed as a 28-foot wide private road with two 12-foot wide travel lanes. This road is narrower than Martha Avenue, which has two 20-foot wide travel lanes, which permit parking on both sides of the street. The applicant proposes a private road because the parcel cannot accommodate the 40-foot right-of-way *~ requirement for a public cul-de-sac while meeting minimum zoning standards for lot depth. In addition, the plans depict one reverse frontage lot whose front property line abuts McFarland Avenue and whose rear property line abuts the cul-de-sac. The applicant proposes a lot line change in order to create this reverse frontage lot. Lot 3, which is reversed, would acquire a 21-foot portion of an adjacent lot, APN # 389-14-30. This lot line change is proposed in order to create the required minimum 60 feet of road frontage. This 60-foot frontage is necessary if Lot 3 is to take access from McFarland Road. The reverse frontage lot enables creation of the seventh lot, because the 60-foot frontage requirement pertains to McFarland while rear lot lines do not have the same requirement. The parcel contains an existing historic farmhouse, the disposition of which was reviewed by the Heritage Commission. This structure is to be restored and moved from the center of the grounds to Lot 4, a focal point at the end of the cul-de-sac. In terms of subdivision design, the only lots, which conform to the standards identified in the subdivision regulations, are the two corner lots, which are at right angles to the cul-de-sac. The remaining five lots fail to conform to the requirement that side lot lines be at right angles or radial to the cul-de-sac. Thus the design of the subdivision is substandard in that lots are irregularly shaped and fail to comply with subdivision design standards. 13089 Quito Road - 7 Lot Subdivision Application # 02-182 OO"+D02 STAFF RECOMMENDATION Staff recommends denial of the proposed seven-lot subdivision because the design is substandard in terms of street width and irregular in terms of lot configuration. The Resolution of Denial for application #02-182 is recommended to be adopted. ATTACHMENTS 1. Initial Study and Mitigated Negative Declaration 2. Santa Clara County Fire Department -Review #02-1893, dated 9/6/02 3. PG~stE Review -Application # 40127685-02-MR-104, dated 9/23/02 4. Tree Survey ~ Preservation Recommendations for 13089 Quito Road by Barrie Coate ~ Associates, 9/24/02 5. Petitions- McFarland Neighborhood - Regarding Historic Structure 6. Correspondence from Neighbors -Saratoga Historical Foundation - 9/17/02 7. Statement from Applicant 8. Exhibit "A" -Conceptual Design 2 -Front Elevation 9. Exhibit "B" -Conceptual Design 1- Front Elevation 10. Exhibit "C" -Subdivision Site Plan 11. Exhibit "D" -Tentative Parcel Map - Dorcich Orchard, prepared by Guadalupe • Chavarria, P.E. revision 8/22/03 STAFF ANALYSIS ZONING: R-1,10,000 District GENERAL PLAN DESIGNATION: M-10 -Medium Density Residential Development MEASURE G: Not applicable PARCEL SIZE:1.97 acres gross AVERAGE SITE SLOPE: Average slope of the parcel is 2.06% ENVIRONMENTAL DETERMINATION: The proposed project consisting of subdivision of a parcel into seven lots is subject to environmental review under CEQA. An Environmental Initial Study and Mitigated Negative Declaration was prepared. After study and evaluation, staff has determined pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms • and meaning of said Act. 13089 Qmto Road - 7 Lot Subdw~sion Application # 02-182 `~®[~~~3 • R-1, 10,000 DISTRICT PROPOSED CODE REQUIREMENTS LOT AREA >10,073 SF. INTERIOR LOTS 10,000 SF. INTERIOR LOTS >12,177 SF. CORNER LOTS 12,000 SF. CORNER LOTS FRONT 25 FEET 25 FEET SIDE 10 FEET 10 FEET REAR 25 FEET 25 FEET NUMBER OF LOTS T LOTS 5 - 6 LOTS CONFORMING LOT DESIGN 2 LOTS RIGHT ANGLES OR 7 LOTS RIGHT ANGLES OR RADIAL RADIAL CUL-DE-SAC PRIVATE STREET WITH 28 FT. R-O-W HEIGHT 26 FT. LOT DEPTH 115 FT TO 150 FT LOT WIDTH 85 FT TO 115 FT PUBLIC STREET WITH 40 FT. R-O-W ~OR PRIVATE STREET WITH P.C. APPROVAL~~' 26 >~ r. 115 FT 85 FT *Mumclpal Code Section 14-25 030 states 'Where topography or special conditlons make a street of less width more suitable for the purpose Intended, the advisory agency shall have the power to approve such lesser wldth' lr~~, u • 13089 Qulto Road - 7 Lot Subdlvlslon Appllcatlon # 02-182 4 Q~~~~~ PROJECT DISCUSSION Numerous Revisions This subdivision design has been through ten revisions since the initial application in August 2002. The various drafts were rejected because the design of the subdivision failed to conform to either the zoning standards of minimum lot depth, lot width and lot frontage, or the plans did not meet the subdivision requirements for regularly shaped lots. Upon receipt of a negative review of the July 8, 2003 draft of the plans, the applicant requested a public hearing despite being told of the impending staff recommendation of denial. Staff recommends denial of this subdivision because it represents a series of incremental reductions in the overall design standards in order to maximize the development potential of the lot. The resulting design represents the absolute minimum allowable under the zoning regulations. In order to achieve minimum lot widths, side lot lines are contorted into awkward angles and thereby conforming to the letter of the lot width requirement but failing comply with subdivision design standards. Irregular Dimensions The subdivision regulations require that "so far as practical, the side lot lines of all lots shall run at right angles to the street upon which the lot faces or radial if the street is curved" (Section 14-25.040). These design standards are meant to generate lots, which are rectangular in shape or if at a cul-de-sac, pie shaped. A look at the platting of the surrounding neighborhood is an example of the intent of this subdivision requirement. Parcels along Martha Avenue and McFarland Avenue are for the most part, symmetrical rectangles with useable rear yards of even dimensions. This regularity in parcel dimension simplifies measurement of setbacks and placement of fence lines and promotes an orderliness in design. Alternatively, the platting of this subdivision yields lots, which are not optimum in terms of design or practical in terms of setback measurement. Where the rectangular lot is intended to be the rule under current subdivision regulations, in this subdivision, the rectangle is the exception; five and six sided polygons are the rule. Only the two corner lots (Lot 1 and Lot 7) meet the design standard of right angle lot lines. The remaining five lots all have irregularities in the side lot angles. For example, Lots 3 and 5 project out at the midpoint in order to meet the 85-foot lot width requirement. This design irregularity, which affects the shape of Lots 2, 3, 5, and 6, is made in order to meet the zoning requirement for 85-foot lot width and eliminate the need for a variance. However, this arrangement fails to meet the subdivision requirement for straight lot lines, which make for orderly plating of land and simplify the setback arrangement. On a similar note, Lots 2, 3, 4, 5 and 6 all fail to have side lot lines, which run radial to the bulb of the cul-de-sac. The side lot lines of these lots are tangent to the bulb of the cul-de-sac rather than radial. The most extreme case of irregular lot lines is shown in Lot 3, which is reversed in order to meet the minimum zoning requirements for lot frontage. Since the zoning ordinance 13089 Quito Road - 7 Lot Subdivision Application # 02-182 ~3~~3~~5 does not require that rear lot lines be of any specific dimension, this lot has a rear lot line which measures 23 feet in width at the cul-de-sac. By configuring the lot to address merely the letter of the zoning ordinance width, depth and frontage requirements, the designer contorts this lot into a six sided polygon with reverse frontage on Mc Farland Avenue and an unusable 23 foot vide rear yard. In general, the designer warps the applicable standards to maximize use, in a manner, which does not meet the starida>;ds of the surrounding community. Substandard Street Design Similarly, the original plan of August 2002 depicted a public street having a 40-foot right-of-way for the cul de sac. Subsequent versions of the plan shaved the street width down to the absolute minimum of a 28-foot wide private street. The street width reduction was done in an attempt to meet lot depth requirements for the zoning district. The plan cannot achieve required lot depths of 125 feet while providing a 40-foot wide public street right of way. A 40-foot right-of-way for the cul-de-sac would allow parking on both sides of the street and thereby ease the traffic impact of this development on the surrounding community. In terms of traffic impact, the proposed project would generate approximately 10.5 trips per day per household. This equates to 74 trips per day generated by the development. (Source: San Francisco Bay Area 1990 Regional Travel Characteristics: Working Paper #4). This increase in traffic could have an impact on the surrounding community resulting in overflow parking spilling onto surrounding streets, particularly if the reduced street width permits parking on only one side of the street and no parking in the cul de sac turn around. Inconsistent Wlth Neighborhood Character Moreover, the lesser street standard is not in character with the design standards of the surrounding neighborhood. Comparing the street rights of way of the surrounding area reveals that Martha Avenue and McFarland Avenue both have a 60-foot right of way widths which to enable free flow of traffic and adequate on street parking. The lesser design standard in the proposed subdivision may result in greater impact to the surrounding neighborhood in terms of overflow on street parking and increased traffic caused by circling the neighborhood in order to find on street parking spaces. Heritage Commission Numerous revisions to this plan have resulted in the Heritage Commission reviewing this subdivision on two occasions. A second review was necessary due to modification to the original plan, which called for the historic structure to be reversed and take access from McFarland Avenue rather than being incorporated into the cul-de-sac and made part of the subdivision, as was part of the original plan. The Heritage Commission rejected that plan revision and recommended that the historic structure be placed as a focal point at the end of the cul-de-sac and incorporated into the subdivision. The plans have been revised to address this recommendation • 13089 Quito Road - 7 Lot Subdivision Apphcat~on # 02-182 ('~ ~~~~11~ Conclusion In summary, the plan for subdivision of Dorcich Orchard represents a departure from the high standards that are typically associated with development in Saratoga. The design concessions that this plan embodies are, in staff's judgment, not in the best interests of the City as a whole or the neighboring community. For this reason staff recommends rejecting this plan and recommending that the applicant revise the subdivision ~o reduce the number of lots and thereby conform to all aspects of the subdivision regulations. Subdivision Regulations The specific sections of the subdivision regulations that are at issue are identified below: Street Rights-of--Way Section 14-25.030(b) of the Subdivision Regulations requires that "Street rights of way and improvements thereof shall conform with the minimums as set forth in Table 1 of this Chapter except where topography or special conditions make a street of less width more suitable for the purpose intended, the advisory agency shall have the power to approve streets of lesser width". The applicant proposes a cul-de-sac, which is to be 28 feet wide, i.e. a street of lesser width. Table 1 of the subdivision regulations requires that for cul-de-sacs serving less than 121ots the right -of-way width shall be 40 feet and the paved area shall be 30 feet. Although the subdivision regulations do allow deviations from this standard, in cases where a lesser street width is considered more suitable, the question arises whether this situation is such a case. In staff's opinion, there are no overriding circumstances attached to this parcel, which would elicit this reduction in street design standards. Lot and Blochs Section 14-25.040 of the Subdivision Regulations states that "so far as practical, the side lot lines of all lots shall run at right angles to the street upon which the lot faces or radial if the street is curved". As stated above, only two lots of the proposed seven-lot subdivision meet this design criteria. The words `so far as practical' allow for some judgment on the part of the Commission in determining what is a reasonable deviation from the requirement for right angle lot configuration. It is staff's opinion that a plan where only two out of seven lots meet this standard is not a reasonable deviation from the standard. Particularly when the parcel has no topographic or other irregularities. COMMUNITY DEVELOPMENT Staff recommends that the submitted plan for aseven-lot subdivision of parcel # 389-14- 037 be denied. If the applicant wishes to reapply, the recommendation is that the number of lots be reduced to that which allows compliance with all aspects of the subdivision and zoning regulations. 13089 Quito Road - 7 Lot Subdrvis~on Application # 02-182 If resubmitted, a tentative parcel map must address the following items: 1. A storm water retention plan shall be provided indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. The storm water management plan shall comply with all design requirements mandated by the current NPDES permit. 2. A grading and drainage plan shall be submitted and this plan shall be reviewed and approved by the Ciry Arborist. 3. Soil and Erosion Control Plans -The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. 4. A landscape plan shall be submitted which identifies the proposed of landscaping within the10 foot right of way along Quito Road. This plan shall be reviewed by the city arborist 5. A statement of covenant, conditions and restrictions (CC~R's) shall be provided which addresses the disposition of the proposed private street, long term maintenance of the on site storm water retention structures and landscaping along Martha Avenue and Quito Road. 6. The applicant shall identify whether they intend to participate in the landscape and lighting district for maintenance of the right of way along Quito Road and Martha Avenue. Comments on the proposed plan from various entities are provided below. COMMUNITY INPUT This subdivision is very controversial in the surrounding community. Staff has received many calls and a petition over past year regarding this plan. Eighteen neighbors in the neighborhood have signed a petition objecting to Lot 3 access onto McFarland Avenue. They object to this aspect of the plan for the following reasons; loss of trees, loss of three parking spaces, increase traffic and loss of privacy. A neighborhood meeting was held on February 23, 2003 and the neighbors concerns were sentvia e-mail. The primary issues were as follows• 1. The development should to feel like part of the neighborhood and not like an exclusive cul-de-sac. 2. The design should to be architecturally compatible with the farmhouse 3. The majority preferred one-story dwellings 4. Many wanted the size of the home to be similar to the size of the 13089 Quito Road - 7 Lot Subdivision Apphcaaon # 02-182 • • L` ®4J~~C7 surrounding homes. 5. Many wanted the historic farmhouse to be placed on the lot fronting on Martha and Quito Road. 6. There was concern that the school district would change for this subdivision. 7. Preference against file roofs 8. Preference against a masonry sound wall on Quito Road 9. Preferred the homes abutting Martha Avenue to front on Martha Avenue 10. Preferred the fencing along Martha Avenue to not exceed three feet so that it doesn't cut off the rest of the neighborhood. PUBLIC WORKS 1. Prior to submittal of the Final Map to the Public Works Department for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the Public Works Department, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional . documents required by Section 14-40.020 of the Municipal Code, to the Public Works Department for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the exammation process as requested by the Public Works Department. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of the . Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later 13089 Quito Road - 7 Lot Subdivision Application # 02-182 ,(~ ~~~~®~ date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. S. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved_Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the Public Works Department in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Public Works Department and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. The following specific conditions shall be included on the improvement plans: a . Martha Drive along the frontage of the subdivision shall be overlaid with 2" of Asphalt Concrete, existing storm swales on both sides of the street shall be replaced with standard vertical curb and gutter per City specifications. b . Right of way along Quito Road and Martha Drive shall be landscaped. Landscape maintenance agreement shall be approved by the City and recorded prior to Final Map approval. c . Existing bus stop at Quito Road shall be improved per VTA recommendations. d . Driveway approach at Quito Road shall be replaced with standard vertical curb and gutter. e . Traffic Survey shall be prepared by licensed Traffic Engineer and submitted to the City for review. f . Encroachment Permit from the Ciry shall be obtained for all work in the public right of way on Quito Road, Martha Drive and McFarland Avenue. 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are subrlutted for review. 8. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 9. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 13089 Qmto Road - 7 Lot Subdrv~s~on Application # 02-182 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 11. Prior to Final Map approval, the owner (applicant) shall furnish the Public Works Department with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 12. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to the Public Works Department. 13. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 14. All building and construction related activities shall adhere to New Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. S FIRE PROTECTION DISTRICT The Santa Clara County Fire Department reviewed this application on September 6, 2002. The report is attached to this review and comments most pertinent to this subdivision are as follows: 1. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet in width, parking shall be allowed on both sides of the roadway. Roadway widths shall be measured face of curb to face of curb. 2. Parking is not allowed in turnarounds. The entire area of the required turnaround shall remain unobstructed at all times. No portion of the turnaround shall be part of a driveway. 3. Public Fire Hydrants -Provide at least 1 public fire hydrant at locations to be determined by the fire department and San Jose Water Company. CITY ARBORIST . The City Arborist inspected this property on September 11, 2002 and the attached report addresses tree protection measures required in the course of development of this 13089 Quito Road - 7 Lot Subdivision Application # 02-182 ~~~~~~ property. The arborist indicates that there are approximately 150 trees on this site, of these, 77 trees are large enough to be regulated by the city ordinance. The arborist values the trees on this property at $80,495. The arborist values tree #l, a coast live oak at $18,083 and tree #9 a coast live oak at $4,635. He recommends a bond of 50% of the value of these two trees or $11,359 plus 25% of the remaining trees to be retained. The city will require a bond to ensure protection of the trees that are on the property. Also replacement trees will be required at a value, which equals the value of trees that have been removed. The arborist makes a number of recommendations, compliance with shall be made a condition to development of this parcel among them are the following. 1. The new roadway, curb and gutter should be relocated a minimum of 10 feet from the trunk of tree # 9. 2. Pavement within the vicinity of tree #9 must be demolished in accordance with very specific guidelines as outlined in the report. 3. If the coast redwood tree #12 would be retained, the storm drain proposed on the north side of the trunk must be relocated a minimum distance of 12 feet from the trunk. 4. Construction period fencing must be provided and located as noted on the map, which accompanies the report. Fencing must be of chain link, a minimum height of S feet mounted on steel posts driven 2 feet into the ground. The fence must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protection fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. 5. The grading, drainage and landscape plans must be reviewed by the city arborist. 6. Excavated soil must not be piled or dumped under the canopies of trees. 7. Any pruning must be done be an International Society of Arboriculture certified arborist and according to ISA Western Chapter Standards. 8. Sprinkler irrigation must be designed not to strike the trunks of trees. Further, spray irrigation must not be designed to strike inside the canopy drip fines of oak trees. • 13089 Quito Road - 7 Lot Subdrv~s~on Apphcauon # 02-182 12 ~~~~~~ CONCLUSION The tentative subdivision map for APN # 389-14-037 represents a departure from the high standards that are typically associated with development in Saratoga. The design concessions that this plan embodies are, in staff's judgment, not in the best interests of the City as a whole or the neighboring community. The design fails to comply with key aspects of the subdivision regulations. STAFF RECOMMENDATION Staff recommends denial of this plan. The applicant may reapply with a subdivision design that conforms to all aspects of the subdivision regulations. • • 13089 Quito Road - 7 Lot Subdivision Application # 02-182 13 ~~iJ~~~ RESOLUTION OF DENIAL N0.03 - • APPLICATION NO.02-182 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SAGHARCHI - 13089 QUITO ROAD WHEREAS, an application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Saratoga for Tentative Parcel Map approval to subdivide a 1.97-acre, R1-10, 000 zoned parcel located at the corner of Quito Road and Martha Avenue into seven lots, or as more particularly set forth in File No. 02-182 of this City, WHEREAS, the Advisory Agency hereby finds that the proposed subdivision together with the provisions for its design and improvement is consistent with the General Plan. WHEREAS, the Advisory Agency held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City of Saratoga has prepared an Initial Study and Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act (CEQA); and NOW THEREFORE BE IT RESOLVED: that the Tentative Parcel Map for the hereinafter described subdivision, which map is dated August 22, 2003 is marked Exhibit "D" in the hereinafter file, be and the same is hereby denied. WHEREAS, the following findings have been determined: That the proposed use is not in accord with the objectives of the Subdivision Regulations and the purposes of the district in which it is located because the proposal fails to comply with the following sections of the subdivision regulations. Street Rights-of-Way - Section 14-25.030(b) of the Subdivision Regulations requires that "Street rights of way and improvements thereof shall conform with the minimums as set forth in Table 1 of this Chapter except where topography or special conditions make a street of less width more suitable for the purpose intended, the advisory agency shall have the power to approve streets of lesser width". The a licant ro oses a cul-de-sac, which is to be 28 feet wide, i.e. a street of lesser PP P P 13089 Quito Road - 7 Lot Subdtvis~on Apphcat~on # 02-182 14 ~~~,fl~i7 width. Table 1 of the subdivision regulations requires that for cul-de-sacs serving less than 12 lots the right -of-way width shall be 40 feet and the paved area shall be 30 feet. Although the subdivision regulations do allow deviations from this standard, in cases where a lesser street width is considered more suitable, the circumstances of this subdivision are not deemed to warrant lesser street widths. The Advisory Agency finds that here are no overriding circumstances attached to this parcel, which would elicit this reduction in street design standards; therefore the 40-foot street right of way should be required. Since the plans depict a 28-foot wide right of way the proposed subdivision design for seven lots is denied. Lot and Blocks Section 14-25.040 of the Subdivision Regulations states that "so far as practical, the side lot lines of all lots shall run at right angles to the street upon which the lot faces or radial if the street is curved". The tentative parcel map depicts only two lots of the proposed seven-lot subdivision meeting this design criteria. The words `so far as practical' allow for some judgment on the part of the Advisory Agency in determining what is a reasonable deviation from the requirement for right angle lot configuration. The Advisory Agency has determined that a plan where only two out of seven lots meets this design standard is not a reasonable deviation from the standard and therefore should not be allowed. The plan for subdivision represents a departure from the high standards that are typically associated with development in Saratoga. The design concessions that this plan embodies are not in the best interests of the City as a whole or the neighboring community. For this reason the Advisory Agency denies this tentative parcel map and recommends that the applicant revise the map to reduce the number of lots and thereby conform to all aspects of the subdivision regulations. NOW, THEREFORE, be it resolved that the Tentative Parcel Map as identified as "Exhibit A" titled Tentative Parcel Map- Dorcich Orchard dated August 22, 2003 prepared by Guadalupe Chavarria, P.E. is denied. The Advisory Agency recommends that the applicant resubmit the subdivision with a revised design, which conforms to the subdivision regulations of the City of Saratoga. Section 1. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (1S) days from the date of adoption. • 13089 Quito Road - 7 Lot Subdrois~on Application # 02-182 15 ~~~~~5 PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 10`h day of September by the following roll call vote: AYES: NOES: ABSENT: Chair, Planning Commission Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the Ciry Planning Commission. Property Owner or Authorized Agent Date • 13089 Quito Road - 7 Lot Subdrvis~on Application # 02-182 16 ~®~1J~~U • Attachment 1 • ®~~~~ Environmental Initial Study City of Saratoga 1. Project Title: Application No. 02-182, Tentative Parcel Map - Dorcich Orchard - Subdivision of 1.97 acre parcel into 7 lots. 2. Project Location: The project is located at 13089 Quito Road, the corner of Quito Road and Martha Avenue. 3. Lead Agency Name and Address: Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Ave Saratoga, CA 95070 4. Contact Person &t Phone Number: Ann Welsh, Assistant Planner (408) 868-1230 5. Project Sponsor's Name and Address: Salim Sagarchi President SEI Development & Investment Company 44120 Hunter Terrace Fremont, CA 94539 6. General Plan Designation: M-10 -Medium Density Residential Development 7. Zoning: R-1,10,000 Zoning District 8. Description of Project: The applicant proposes to subdivide, into seven lots, a 1.97 acre parcel located at the corner of Quito Road and Martha Drive. The project contains an existing historic home, which is to be moved from the center of the parcel to Lot 4 at the end of the cul-de-sac. The property is proposed to be subdivided around a cul-de sac, which takes access from Martha Road. The proposal is for six lots to front along the cul-de-sac and the seventh lot to front along McFarland Avenue with the rear portion of the lot facing the cul-de- sac. This rear facing lot is the only alternative if a seventh lot is to be created because the cul-de-sac radius is not of sufficient width to handle four lots. The applicant also proposes a lot line change in which Lot 3 acquires a 21 foot portion of an adjacent lot, 1 Intttal Study Lot Ltne Adjustment Apphcatton 02-213 City of Saratoga, CA pp ~~~~~0 APN No. 389-14-30. The lot line change is proposed in order to create sufficient road frontage for Lot 3 to take access from McFarland Road. This reverse frontage is necessary if the seventh lot is to be created, because Lot 3 does not have the required 60 feet of frontage along the cul-de-sac. 9. Surrounding Land Uses and Setting: The property is the site of a historic orchard and contains a number of fruit trees as'well as a historic farmhouse. The surrounding area is single family residential in character. The orchard property is surrounded by single family homes which directly abut the parcel to the north and west. Along the east lies Quito Road, a major arterial across which are single family homes which have their rear yards facing Quito Road. To the south lies Martha Drive a local road across which are single family homes that front on Martha Drive. 10. Other agencies whose approval is required: Santa Clara County Fire District Santa Clara Valley Water District Environmental Factors Potentially Affected: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist below: ^ Aesthetics ^ Agricultural Resources ^ Air Quality ^ Biological Resources ^ Cultural Resources ^ Geology/Soils ^ Hazards &~ Hazardous Materials ^ Hydrology/Water Quality ^ Land Use/Planning ^ Mineral Resources ^ Noise ^ Population/Housing ^ Public Services ^ Recreation ^ Transportation/Traffic ^ Utilities/Service Systems ^ Mandatory Findings of Significance Determination: ^ I find that the proposed project COULD NOT have a significant effect on the . environment, and a NEGATIVE DECLARATION will be prepared. Intnal Study Lot Ltne Adjustment Appluatton 02-213 City of Saratoga, C~ ®~ n ~6~ ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. ^ I find that the proposed project MAY have a significant effect' on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared By: Ann Welsh, AICP Assistant Planner City of Saratoga Sources: Date: August 14, 2003 Tentative Parcel Map - Dorcich Orchard, prepared by Guadalupe Chavarria, P.E. revision 7/8/03 City of Saratoga General Plan City of Saratoga Municipal Code City of Saratoga Zoning District Map and General Plan Map Santa Clara County Fire Department -Review #02-1893, dated 9/6/02 PG~E Review -Application # 40127685-02-MR-104, dated 9/23/02 Historical ~ Architectural Evaluation of 13089 Quito Rd by Dill Design Group, 5/2/02 Tree Survey ~ Preservation Recommendations for 13089 Quito Road by Barrie Coate ~ Associates, 9/24/02 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 1. AESTHETICS. Would the project: A) Have a substantial adverse effect on a scenic vista? X Discussion: The proposed subdivision would eliminate and allow development of an existing orchard, which although not maintained does provide scenic amenity to the surrounding neighborhood. Although the area of the orchard is not designated a scenic vista the orchard does provide visual amenity. Intttal Study Lot Ltne Adjustment Appluaaon 02-213 City of Saratoga, CA C. • • ~~~~~® Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated B) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and Historic buildings within a scenic highway? X Discussion: The development of a seven-lot subdivision would require elimination of a substantial number of trees. However, a number of the trees are to be retained and replacement trees will be required. The existing historic farmhouse is to be moved into a visually prominent lot and restored in a manner that retains the historic character of the structure. C) Substantially degrade the existing visual character or quality of the site and its surroundings? X Discussion The development of this property into aseven-lot subdivision will alter the visual quality of the site. The subdivision if developed in a sensitive manner will not substantially degrade the visual character of the site since neither the home nor the orchard have been maintained in recent history. D) Create a new source of substantial light or glare that would adversely affect day or night time views in the area? X 2. AGRICULTURAL RESOURCES. Would the project: A) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X B) Conflict with existing zoning for agricultural use or a Williamson Act contract? X C) Involve other changes in the existing environment, which due to their location or nature, could result in conversation of Farmland, to non-agricultural use? 4 InuialStudy Lot Ltne Adjustment Appluatton 02-213 City of Saratoga, CA ~~~Q21 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated X Discussion: The proposed subdivision is the site of an orchard that was in production for many years. The orchard has fallen out of production but development of the site as single-family homes will preclude use of the site for agricultural purposes. 3. AIR QUALITY. Would the project: A) Conflict with or obstruct implementation of the applicable air quality plans? X Discussion: The generation of emissions, which could substantially diminish ambient air quality, is not typically associated with aseven-lot subdivision. B) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors)? x D) Expose sensitive receptors to substantial pollutant concentrations? X E) Create objectionable odors affecting a substantial number of people? X Discussion: Upon completion of construction, the proposed subdivision would not have a measurable impact on air quality. However, during the construction process, the air quality of the immediate neighborhood maybe impacted slightly with ground disturbance. The city will require that appropriate measure be taken, such a watering down chsturbed areas, if necessary, to minimize the impact on local air quality. Imttal Study Lot Lme Adjustment Apphcatton 02-213 Cary of Saratoga, CA • ~~~~~~ • • • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 3. BIOLOGICAL RESOURCES. Would the project: A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion• The California Natural Diversity Database, 2003 does not indicate the presence of any sensitive, or special status biological resources in the vicinity of the subject parcel. B) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: The subject parcel does not contain any riparian habitats. C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? X Discussion: The subject parcel does not contain any wetlands. D) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X Discussion: Development of this site will require removal of numerous trees and disturbance of large quantities of earth. This process will no doubt interfere with existing wildlife in the area. However, since the parcel does not appear to attract any migratory wildlife species, the impact is not determined to be significant. E) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X Intttal Study Lot Ltne Adjustment Appltcatton 02-213 CttyojSaratoga,CA ~®~~e~3 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Discussion: The arborist indicates that there are approximately 150 trees on this site, of these, 68 trees are large enough to be regulated by the city ordinance. The city will require a bond to ensure protection of the trees that are outside of the development envelope. Also replacement trees will be required at a value, which equals the value of trees that have been removed. If the applicant complies with all of these conditions of development then the city's tree preservation policy will be upheld. F) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ~ X 4. CULTURAL RESOURCES. Would the project: A) Cause a substantial adverse change in the sign>ficance of a historical resource as defined in X15064.5? X • Discussion: The application has been reviewed by the Saratoga Heritage Commission who recommended that the existing historic farmhouse be retained, restored and moved onto Lot 4, a visually prominent parcel at the end of the cul-de-sac. With these mitigation measures the impact on historic resources will be minimized. Also since the farmhouse is presently in a state of neglect, restoring the structure will enhance this historic resource. B) Cause a substantial adverse change in the significance of an archaeological resource as defined in 815064.5? X C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X D) Disturb any human remains, including those interred outside of formal cemeteries? X • Imna1 Study Lot Ltne Adjustment Appluatton 02-213 Gty of Saratoga, CA ~~~~24 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated S. GEOLOGY AND SOILS. Would the project: A) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X (u) Strong seismic ground shaking? (iii) Seismic-related ground failure, including liquefaction? X (iv) Landslides? X B) Result in substantial soil erosion or the loss of topsoil? X Discussion: The City will require soil and erosion control measures during the construction process. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X X D) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? X Discussion: The soils within the parcel are depicted as SBR soils on the General Plan - Ground Movement Potential Map. These soils are described as areas of relatively stable ground, which are underlain with bedrock within several feet of the ground surface. The site is located on the valley floor which is described as a surface that can support urban Initial study Lot Line Adjustment Application 02-213 GtyofSaratoga,CA ~~~~~~ Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated residential development. The General Plan states that geotechnical investigation'is not necessary but the soil analysis should be required. 6. HAZARDS AND HAZARDOUS MATERIALS. Would the project: A) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X B) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X D) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X E) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X F) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Discussion: This site is not located within the area designated in the General Plan as one of extreme fire hazard. There are no known hazardous materials on the site. 7. HYDROLOGY AND WATER QUALITY. Would the project A) Violate any water quality standards or waste discharge requirements? X • Imttal Study Lot Ltne Adjustment Appltcatton 02-213 City of Saratoga, CA ~~~4~26 • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated B) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X Discussion: Development of this parcel will interfere with groundwater recharge. However, the applicant will be required to retain all stormwater on the site through a system of bioswales that are to be graded on the site. Requiring stormwater retention on the site will offset the impact of development on the site in terms of impact on groundwater recharge. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? X Discussion: To some extent the existing drainage pattern on this site will be altered. However, the applicant will be required to grade the site in such a manner that all stormwater on the site will be retained within the property limits. D) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding On- or off-site? X E) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X Discussion• The applicant will be required to demonstrate that the sizing of the stormwater retention system for the subdivision will be sufficient to handle the runoff water and will therefore filter the runoff through the natural filtration process. F) Otherwise substantially degrade water? X l0 lntnal study Lot Ltne Adjustment Apphca[ton 02-213 Ctty of Saratoga, CA ~~~(~2'7 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated G) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X Discussion: The subject parcel is not located within the 100 year flood zone. The area is designated as zone B which is within the 100 to 500 year flood zone as depicted on the Flood Hazard Boundary Maps. H) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? X I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X J) Inundation by seiche, tsunami, or mudflow? X Discussion: This parcel is not located in the vicinity of any water bodies and is not subject to mud flows. No portion of the parcel is located within the 100-year flood zone as defined by FEMA in the Flood Hazard Boundary Map. 7. LAND USE AND PLANNING. Would the project: A) Physically divide an established community? X Discussion• The proposed plan calls for development of single family detached structures which are consistent with the surrounding zoning. The plans depict a subdivision which is to be integrated into the surrounding community via a cul-de-sac access road. The plan calls for a lot line change which would create an access point from McFarland Road for Lot 3 which is the seventh lot in the subdivision. These lots must be developed in a manner that is sensitive to the character of the surrounding community in order to mitigate the impact on the character of the existing single family neighborhood. • • 11 Intttal Study Lot Lme Adjustment Appluation 02-213 City of Saratoga, CA ~~~~~~ • ~ J Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated B) Conflict with any applicable land use plan, policy, or regulation of an agency with, jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X Discussion: The proposed plan is consistent with the General Plan designation of M-10, medium density residential development. The subdivision design is consistent with minimum standards for the R-1,10,000 zoning district. The proposed plan does not comply with the subdivision section 14-25.040 (c) which requires that "as far as practical, the side lot lines of all lots shall run at right angles to the street upon which the lot faces, or radial if the street is curved". C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X 8. MINERAL RESOURCES. Would the project: A) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X Discussion: Mineral resources within Saratoga and surrounding areas include sandstone and shale. There are no mines or quarries known to be operating in Saratoga or its sphere of influence. (Source: General Plan: Conservation Element) B) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Discussion. No impact. Refer to section 8 a. (Source: General Plan. Conservation Element) 9. NOISE. Would the project result in: A) Exposure of persons to or generation of noise levels in excess of standards established . in the local general plan or noise ordinance, or applicable standards of other agencies? X 12 Inutal Study Lot Ltne Adjustment Appluanon 02-213 City of Saratoga, CA ~~~~~~ Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Discussion: The proposed development upon completion is not anticipated to generate noise in excess of the decibel limits detailed in the General Plan, which are 45 to~60 dBa for residential land uses. B) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels (i.e. noise created inside a building, vibration transmitted through the ground, freight train line within 50-100 feet, adjacent to Army base)? X C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X D) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X • Discussion The noise levels during the construction process will be regulated by the implementation of limited construction hours. The developer may be required to limit the noise level by restrictions on the allowable hours of operation; requiring the use of new, quieter equipment and restricting operations to only one piece of power equipment at a time. The proposed project should have no substantial impact on the ambient noise level once the construction phase is complete. 10. POPULATIONS AND HOUSING. Would the project: A) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X B) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X • 13 Inrttal study Lot Lme Adjustment Apphcanon 02-213 Cttyof Saratoga, C.~~~~~® ~~ Potentially Less than Less than No Impact Sigtuficant Significant Sigmficant Impact With Impact Mitigation Incorporated Discussion. The proposed project will increase the number of dwelling units in the , neighborhood by six dwellings plus the restoration of the historic structure. This is not considered to be a substantial amount of population growth. Given the average household size of 2.8 persons per household, the population increase to the city would be approximately 20 persons. 11. PUBLIC SERVICES. Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection X Police Protection X Schools X Parks X Other public facilities X 12. RECREATION. A) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X B) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? X Discussion: The project does not involve significant impacts on recreation facilities. The city will require Park Development Fees to be assessed for this project in the amount of $20,700 per new lot created. These fees should offset any impact that the development will have on recreation facilities. 13. TRANSPORTATION/TRAFFIC. Would the project: A) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? X 14 Imnal study Lo[ Lme Adjustment Appluanon 02-213 City of Saratoga, C~ ~'~~3~ Potentially Less than Less than No Impact Signlficant Significant Significant Impact With Impact Mitigation Incorporated Discussion: The proposed project would generate approximately 10.5 trips per day per household. This equates to 63 trips per day along Martha Drive, since six lots would take access via Martha and 10.5 trips per weekday along McFarland since l lot would access from McFarland Avenue. This traffic impact is not considered to be a substantial increase to the existing traffic load along Martha Drive or McFarland Avenue. (Source. San Francisco Bay Area 1990 Regional Travel Characteristics: Working Paper #4) B) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X Discussion: • C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? X • D) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X E) Result in inadequate emergency access? X Discussion: In order to provide emergency access, the fire department requires 20 feet of flow lane. This design if providing 20 feet of flow lane would not allow on street parking. F) Result in inadequate parking capacity? X Discussion The Santa Clara Fire District also reviewed this project and they recommend that for streets with less than 28 feet from face of curb to face of curb that no parking be permitted on the street. Thus since the city fire department would not permit on street parking, the question arises where will overflow parking be directed. The General Plan Circulation element notes that where parking deficiencies exist this can cause an increase in circulation because vehicles re-circulate on public streets, which causes an increase in traffic volumes. 15 Intttal Study Lot Ltne Adjustment Application 02-213 CtryofSaratoga,CA ~~~4i2 • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Thus although the proposed project would meet the minimum required parking ' standard, since there would not be on street parking this could generate added traffic and potential overflow onto surrounding neighborhoods. The mitigation which would eliminate this issue would be to widen the street to a minimum of 28 feet curb face to curb face. This would allow on street parking on one side of the street. G) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? x 14. UTILITIES AND SERVICE SYSTEMS. Would the project: A) Exceed wastewater treatment requirements of the Regional Water Quality Control Board x B) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x Discussion: The West Valley Sanitation District commented on the tentative subdivision plan in a letter dated August 26, 2002 concluding that the development will not have any significant impact on the district's treatment plant capacity or the line capacity. C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x Discussion The project will be required to comply with the storm water retention requirements of the C-3 Permit of the San Francisco Regional Water Quality Control Board. These requirements mandate that storm water be retained on site and not drain into the storm water system for projects with over one acre of disturbance. The project will be required to create bioswales, which retard and retain water in order to maximize filtration and minimize flow rate of storm water. These site design measures will minimize the impact on the storm water system so that no expansion of existing facilities will be required. D) Have sufficient water supplies available to serve the project from existing . entitlements and resources, or are new or expanded entitlements needed? x 16 Initial Study Lot Lme Adjustment Appluahon 02-213 CuyofSaratoga,CA ~~~~~~ Potentially Less than Less than No Impact Significant Signficant Significant Impact With Impact Mitigation Incorporated Discussion: City households consume on the average 393-gallon per day of water from the San Jose Water Company. This consumption rate equals 2,751 gallons per day for the entire development. The San Jose Water Company in their Annual Report, 2002 indicates that they have water availability sufficient to serve the needs of the service area. However, the applicants will be encouraged to install water efficient irrigation and appliances throughout the subdivision in order to conserve the use of water. E) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X Discussion: See 14(b) above for discussion. F) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X • G) Comply with federal, state, and local statutes and regulations related to solid waste? X 15. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion: The project will have an impact on an historic structure and property that is an important example of local orchard farming life in Saratoga. Although the project will eliminate this remnant of orchard farming, the historic structure will be restored and moved to a visually prominent location. With this restoration of the historic farmhouse, an important example of local Saratoga history will be retained and the impact is estimated to be less than significant. • 17 Intttal Study Lot Lme Adjustment Appluation 02-213 City of Saratoga, CA ~ ~~~3~ • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated B) Does the project have impacts that are individually limited, but cumulatively ' , considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X C) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X ATTACHMENTS: Mitigated Negative Declaration Santa Clara County Fire Department -Review #02-1893, dated 9/6/02 PG~E Review -Application # 40127685-02-MR-104, dated 9/23/02 Historical ~ Architectural Evaluation of 13089 Quito Rd by Dill Design Group, 5/2/02 Tree Survey ~ Preservation Recommendations for 13089 Quito Road by Barrie Coate ~ Associates, 9/24/02 • 18 Inuial Study Lot Lme Adjustment Appluanon 02-213 GtyofSaratoga,CA ~~®~~~ MITIGATED NEGATIVE DECLARATION CITY OF SARATOGA Declaration That Environmental Impact Report Is Not required For Application #02-182 Subdivision of a 1.93 acre parcel (APN #389-14-37) into seven lots and construction of a private cul-de-sac The undersigned, Director of Community Development and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section~15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, 'and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: The applicant proposes to subdivide a 1.93-acre parcel located at the corner of Quito and Martha Avenues into seven lots. The project contains an existing historic home, which is to be moved from the center of the parcel to Lot 4 at the end of the cul-de-sac. The property is proposed to be subdivided around a cul-de sac, which takes access from Martha Road. The proposal is for six lots to front along the cul-de-sac and the seventh lot to front along McFarland Avenue with the rear portion of the lot facing the cul-de- sac. The applicant also proposes a lot line change in which Lot 3 acquires a 21-foot portion of an adjacent lot, APN No. 389-14-30. The lot line change is proposed in order to create sufficient road frontage for Lot 3 to take access from McFarland Road. This reverse frontage is necessary if the seventh lot is to be created, because Lot 3 does not have the required 60 feet of frontage along the cul-de-sac. Mitigation measures required to minimize the environmental impact are as follows: 1. Restore the existing historic farmhouse and move the structure onto a visually prominent site within the development. 2. Ensure that tree protection measures are implemented and that replacement trees are planted in order to minimize the impact of development on the surrounding properties. 3. Require that construction hours be limited per the city ordinance and low noise equipment be used. High-powered equipment should be limited to use of one piece of equipment at a time in order to minimize noise impact. ~®~~~s 4. During the construction process, the air quality of the immediate neighborhood may be impacted slightly with ground disturbance. The city will require that appropriate measure be taken, such a watering down disturbed areas, if necessary, to minimize the impact on local air quality. These mitigation measures would minimize the impact to a less than significant category. By implementing the recommended mitigation measures the development of this parcel should involve a less than significant impact on the stream quality and the surrounding environment. Project Location: The property is located on the west side of Quito Road, north of Martha Drive. This parcel is surrounded by single-family dwellings, which are in the R-l, 10,000 Zoning District. Applicant: Salim Sagarchi President SEI Development & Investment Company 44120 Hunter Terrace Fremont, CA 94539 Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 • Planner: Ann Welsh, Assistant Planner Reason for Mitigated Negative Declaration: The proposed development will not create a significant impact on the environment if the mitigation measures of historic restoration of the existing farmhouse are implemented as well as various tree protection and replacement conditions outlined in the arborist report. Other mitigation measures regarding noise mitigation and dust abatement will also be instituted in order to render a less than significant impact on the environment. Executed at Saratoga, California this day of September 2003. THOMAS SULLIVAN, AICP COMMUNITY DEVELOPMENT DIRECTOR ~~~~~ ~J Attachment 2 • ~'~~~a~~ - ~~'G~~A c~G '~ ~~ FIRE a~ COURTESYB SERVILE FIR DEPARTMENT SANTA CLARA COUNTY PREVIEW NUMBER OL 1893 BLDG PERMIT NUMBER 14700 Winchester Blvd ,Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd org CONTROL NUMBER FILE NUMBER DEVELOPMENT REVIEW COMMENTS CODE/SEC. I SHEET ~ NO. ~ REQUIREMENT UFC Appendix III-A • UFC 903.2 UFC 901.3 of a proposed 71ot residential subdivision. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Required Fire Flow: The fire flow for this project has yet to be determined. Fire flow is a function of building size and construction type. All area including garages and basements are to be accounted for in future submittals which will aid in assessing the fire flow requirement. Public Fire Hydrant(s) Required: Provide at least 1* public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. (*)-Additional hydrants other than what is shown on the plans maybe necessary based upon projected building size and fire flow requirements. .Timing of Required Water Su~nly Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE ApplicanlName DATE PAGE STG ^ ^ ^ ^ ^ SALIM SAGARCHI 9/6/2002 3 1 of SECJFLOOR AREA LOAD DESCRIPTION BY Residential Development Hokanson, Wayne ~OF PROJECT LOCATION SFR-SAGARCHI 13089 Quito Rd Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos ~,OOO~J Los Altos Hllls Los Gatos. Monte Sereno Morgan H~II and Saratoga tS~' pI~~A c°G ~~ FIRE ~"~ COURTESY 6 SERVICE CODE/SEC. I SHEET ~ UFC 902 2.2 UFC 902.2.2.4 UFC 902.2.4.1 UFC 901.4.2 FIR DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org PREVIEW NUMBER OL 1893 BLDG PERMIT NUMBER CONTROL NUMBER FILE NUMBER DEVELOPMENT REVIEW COMMENTS NO. REQUIREMENT Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the fire department. Fire Avvaratus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20'feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. Fire Department (Engine) RoadwaE~ Turn-around Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft width. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standard Details and Specification A-6 and Local Government Standards. City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE AppliCentName DATE PAGE STG ^ ^ ^ ^ ^ SALIM SAGARCHI 9/6/2002 2 3 of SECJFLOOR AREA LOAD DESCRIPTION BY Residential Development Hokanson, Wayne NAME OF PROJECT LOCATION SFR-SAGARCHI 13089 Quito Rd ~~ Organized as the Santa Clara County Central Fire Protection District ~~^~ Seruing Santa Clara County and the communities of Campbell. Cupertino, Los Altos, Y Los Altos HMIs Los Gatos, Monte Sereno, Morgan Hill, and Saratoga ASP pL~ c°G ~~ FIRE a~ COURTESY 8 SERVICE FIR DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www sccfd org PREVIEW NUMBER O` 1893 BLDG PERMIT NUMBER CONTROL NUMBER FILE NUMBER DEVELOPMENT REVIEW COMMENTS CODE/SEC. SHEET I NO. UFC 10 901.3 UFC 901.4.4 11 SMC 12 16-15.110 SMC 13 14-25.110 114 REQUIREMENT Timing oaf Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 'Garage Fire Sprinkler System Required: An approved, automatic fire sprinkler system designed per National Fire Protection Association Standard #13D and local ordinances, shall be provided for the garage. To ensure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. Early Warnine Fire Alarm System Required: IF any of the homes are in excess of 5,000 square feet,_provide an approved Early Warning Fire Alarm System throughout all portions of the structure, installed per City of Saratoga Standards. It is noted that the new cul de sac references the name of "Kevin". As an existing Kevin street is located nearby, City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE ApplicantName DATE PAGE STG ^ ^ ^ ^ ^ SALIM SAGARCHI 9/6/2002 3 3 GF SECJFLOOR AREA LOAD DESCRIPTION BY Residential Development Hokanson, Wayne ~F PROJECT LOCATION SFR-SAGARCHI 13089 Quito Rd Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell Cupertino Los Altos. ~~004~ Los Altos HMIs Los Gatos, Monte Sereno Morgan Hill, and Saratoga • STANDARD DETAILS & SPECIFICATIONS Spec. No. X1-_1 Rev. Date 07/03/00 SUBJECT: Specifications for Fire Department Access Roadways, Eff. Date O1 /97 Turnarounds, and Cul-de-sacs Approved By Page ~_ of 3 SCOPE Applicable to commercial buildings or for three or more single family dwellings where any portion of the building(s) is greater than 150 feet from the center line of a public roadway, as measured along a route specified by the Fire Department. Note that the specifications contained in this Standard apply only to properties located within the service area of the Santa Clara County Fire Department. Roa_ d~_ A vehicular access roadway greater than or equal to 20 feet in width. DEFINITIONS t Drivewa' :: A vehicular access roadway less than 20 feet in width and serving no more than two single family dwellings. ROADWAY WIDTH: REQUIREMENTS • 20 feet minimum curb to curb paved width. Greater widths may be required where it is determined by the Fire Department that Ladder Truck access is required. PARKING ALONG ACCESS ROADWAYS: The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet in width, parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 ft wide space. NOTE: These width specifications aze based on roadways where Ladder Truck access/setup is not required. Parking is not allowed in turnarounds. The entire area of required turnarounds shall remain unobstructed at all times. No portion of the turnaround may not be part of a driveway. VERTICAL CLEARANCE: The vertical clearance shall be in accordance with the Fire Code, 13 feet, 6 inches. .~'``~c~ c~°~„ FIItE DEPARTMENT SANTA CLARA COUNTY • FIItE '~ 14700 Winchester Blvd • Los Gatos • CA 95032-1818 • (408) 378-4010 • ~~~~~~ ~' GRADE: _ Maximum grade shall not exceed 15% (6.75 degrees). TURNING RADIUS (CIRCULATING) The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where it is determined by the Fire Department that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. TURNING RADIUS (CUL DE SACS). The minimum outside turning radius is 36 feet. Use of cul-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided. TURNAROUNDS: Turnarounds are required for all dead end roadways with a length in excess of 150 feet The turnaround details shown in this document are intended to provide a general design concept only. Modifications or variations of these designs may be approved by the Fire • Department on a case by case basis. All turnaround designs submitted for' Fire Department review shall meet all previously stated requirements. These details are applicable when a 36 foot minimum turning radius for dead ends is specified. These details are not applicable where turning radius greater than 36 feet is specified or when a circulating radius is specified. PAVEMENT SURFACE• Roadways shall be surfaced roads of either asphalt, concrete or an other engineered surface acceptable to the Fire Department. BRIDGES AND CULVERT~• All bridges and culverts shall be designed to support 75,000 pounds. MARKING OF ROADWAYS AND TURNAROUNDS The Fire Department access roadways including turnarounds shall be marked in accordance with Fire Department Standard Details and Specifications A-6 -Fire Lane Marking. L` ~~~~~~ 1 ~ , SD & S A-1 ~ • Page 3 of 3 60 •i 40 60 50 20 • 80 20 C'UL OE-SAC TURNAROUND DIMENSIONS RADIUS OF 36 FT.OUTSIDE AND 23 FT.INSIDE ENTIRE AREA OF TURNAROUND SHALL BE PROVIDED SD&SA-1 / DTM /Ikc /97(112't 20 FIRE DEPARTMENT SANTA CLARA COUNTY ROADWAY TURNAROUND DETAILS MARCH 1997 SCALE: 1 IN. = 20 FT. DIMENSIONS ARE IN FEET ~~~®44 • Attachment 3 • ~~~~45 Pacific Gas and Electric Company & .~~_ Land Services 111 Almaden Boulevard San Jose, CA 95115 • September 23, 2002 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Community Development Department Re: Site Plan Review for 7 units Subdivision 13089 Quto Rd., Saratoga, plan dated August 19, 2002 City's Application No. 02-182 PG&E File No. 40127685-02-MR-104 Dear Community Development Department Thank you for the opportunity to review the subject Plan. PG&E has no objection to the plan. PG&E owns and operates a variety of gas and electric facilities which may be located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and prevent interference with PG&E easements. Activities which may impact our facilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over, under, or adjacent to our facilities. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Please contact me at (408)282-7401 if you have any questions regarding our comments. Sincerely, Alfred Poon Land Agent South Coast Area, San Jose • • ~~~~~~~ • Attachment 4 • ~~~~~~ 09129/02 09:44am P. 001 • • TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE SAGARCHI PROPERTY 13089 QUITO ROAD SARATOGA Prepared at the Request of: Kristin Borel Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench Consulting Arborist September 11, 2002 Job # 08-02-166 Plan Received: 8.22.02 Plan Due: 9.24.02 • • ~~~~4~ u 09/23/02 09:44am P. 002 • TREE SURVEY ANA PRESERVATION RECOMMF'NDATIONS AT TNF; SAGARCI-II r'ROYERTY, 13089 QUITO ROAR 1 SARATOCiA ' Assignment At the request of Kristen Borel, Community Development Department, Planning Division, City of Saratoga, this report reviews the proposal to subdivide a single large lot into seven individual lots, and to construct a new cul-de-sac street through the center of this property in the context of potential damage to or the removal of existing trees. This report rates the condition of the trees on site that' are protected by City of Saratoga ordinance. Recommendations are included to mitigate damage to these trees during construction. The plan reviewed for this report is the Tentative Parcel Map prepared by Guadalupe S. Chavarria, Engineer, Sheet 1, dated August l9, 2002. Summary This proposal may expose 77 trees to some level of risk by construction. Trees #7, 8, 28, and 29 would be removed by the construction of the new roadway. Additional trees may be removed depending on the design featwres and construction practices employed. These are described and mitigation procedures are recommended. Replacement trees, which equal the values of the trees removed, are suggested. A combination bond equal to 50% of the value of two of the Exceptional specimens is combined with a bond of 25% of the value of all of the other trees that would be retained is recommended to assure their protection. Observations There are approximately 150 trees on this site, but the majority of these trees are fruit trees, in which trunk diameters are smaller than the size protected by the city ordinance. There are 68 trees on this property that are large enough to be regulated by the city ordinance. There are also 9 trees located on neighboring properties adjacent to the property boundaries that may be at risk of some level of damage by construction. There are, therefore, a total of 77 trees that are large enough to be protected by city ordinance and may be affected by construction. it appears essential to identify all of the trees that may be affected by this development rather than only those that would be at risk by construction of the roadway alone. The attached map shows the location of 42 of the 77 total trees and their approximate canopy dimensions. The other 36 trees are fruit trees, which are represented by tree #22, a cherry tree in very poor condition. Recognizing this fact, it did not appear worthwhile to survey each of these 36 trees individually. Tree #22 was selected randomly, and could have been represented by any of the other 35 trees. All of these trees, including tree #22, have been tagged with a metallic label indicating their assigned numbers. I counted 15 large fruit trees on the east side of the existing residence and 21 large fruit trees on the west side of the existing residence to reach the total of 36 mature fruit trees. T did not note the locations of each of these 36 trees on the Tentative Parcel Map, but have labeled and noted only the Iocation of tree #22, in case it would be useful to inspect this representative. PRRPARIiI~ BY- MICHAEL J. BENCH, CONSLJi.T]N('i ARBORiST SEPTk:MBER 11, 20f)2 ~~~~~J • 09%23/02 09:44am P. 009 • TRFiE Si3RVEY AND PRPSERVATION RF,COMMENI)ATIONS AT 'IZ-1G SAGARCHI PROPERTY, 13089 QiJITU RUAD SARATO(iA 2 Many of them have died. I have included a photo of tree #22 and a few other trees that this tree represents, which is included in Attachments. The primary reasons for this decline is root or trunk damage by discing to control the weeds and Iack of irrigation. The 17 coast redwood trees (.Sequoia .cempervrrene) are all in decline as a result of discing and lack of imgation. Trees #18, l9, 21, 30, and 35-42 are not shown on the plans provided and have lieen added. Their locations are approximate. The 77 trees are classified as follows: Trees # 1, 7 - Coast live oak (~)uerer~s agrifolia) Trees # 2, 24 - Edible fig (Frcus carica) Tree # 3 - Douglas fir (t'seudotsuga men.:iesii) Trees # 4, 5, 6, 10- 16, 20, 25, 26, 27, 37, 38, 4l -Coast redwood (Sequoia .rempervirens} Trees # 7, 8, 42 - Deodar cedar (Cedrus devdara) Trees # i 7, 18 - Canary Island pine (Pirnds canarrensrs} Tree # 19 - Mexican fan palm (Washingtvnia robusta) Trees # 21, 36 - Modesto ash (Fraxinus velutina glabra} Trees # 22 - Cherry (Prunus species): represents 36 trees Tree # 23 - Plum (Prunus ceracrfera) Trees # 28, 29 - Evergreen ash (Fraxinus ululei) Trees # 30, 3l, 32 - Fruitless mulberry {Morns alba `Fruitless') Trees # 33, 34 - American persimmon (Drnspyroc virginiana) Tree # 35 - California black walnut (Ju~lan.s hrndsii) Trees # 39, 40 - Italian cypress {Cupressus sempervrrens) The particulars regarding these trees (species, trunk diameter, height, spread, health, and structure) are provided in the attachments that follow this text. The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent -Extremely Poor) on the data sheets that follow this text. The combination of health and structure ratings for the 77 trees are converted to descriptive ratings as follows: Exceptional S ecimens Fine S ecimens Fair S ecimens Marginal S ecimens Poor S ecimens 1, 9, 38 2, 3, 17, 18, 19, 4, 7, 8, 12, 13, 5, b, 27, 29 10, i l , 14, 15, 23, 24, 26, 31, 16, 20, 21, 25, 22, 35 32, 33, 34, 37, 28, 30, 36 39, 40, 41, 42, 43 Exceptional specimens must be retained at any cast and whatever procedures are needed to retain them in their current condition must be used. I • PRT:PARF.D I3Y. MICIIAEI. L BENCH, CONS~JI.TINCi ARR()RIST SEPTEM}3FR 11,20@@02 ~~4J'~S® • 09/23/02 09:44am P. 004 • TREE SURVEY AND PRESERVATION RriCOMMENDATIONS AT THE SAGARCHI YR(~PIiRTY,130A9 QTJITO ROAD 3 SARATOGA Fine s ecimens must be retained if possible but without major design revisions. Mitigation procedures p recommended here are intended to limit damage within accepted horticultural standards m order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Marginal specimens are typically worth retaining but could be removed if necessary to facilitate construction. Mitigations recommended here are intended to prevent significant decline. Poor specimens cannot significantly improve regardless of care. For any which are considered hazardous, removal is recommended. For those retained, mitigation may not be typically requested. Trees #21 and 35-42 are located on adjacent properties. I recommend that these must be treated as Exceptional regardless of their condition. The reason for this should be obvious. Because of discing to control weeds, virtually all of the trees on this property (trees #1-20 and 22-34) are suffering from seasonal drought stress due to loss of absorbing roots. This is severe for most of the trees, especially the coast redwood specimens. With the exception of tree #1, it is essential that all of those trees that are to be retained must receive voluminous supplemental irrigation immediately. Supplemental irrigation means in addition to the annual rainfall. The root collar of tree #9 is partially covered by rubble and fill soil. This condition may expose this tree to disease, such as oak root fungus (Ar°millaria mellea), which can kill this tree over a period of time. This risk can usually be eliminated for all practical purposes by removing the rubble and the soil, which fosters the conditions that favor the disease. Rislzs to Trees 6y Proposed Construction Trees #7, 8, 28, and 29 are in conflict with the proposed new roadway construction. Trees #12, 18, 19, 20, and 21 are in conflict with a proposed new storm drain. These trees would not survive the root loss from this trenching. Trees #12, l3, l7, 18, and 20 are in conflict with a new sound wall proposed between Quito Road and Lots 5, 6, and 7. The Mexican fan palm, tree #19, would likely survive. it must be noted that should a sound wall be constructed as shown across the tops of the rootballs of the coast redwood trees #12, 13, and 20, this wall would no doubt be lifted by the root structure of these trees in time. The driveways to the individual lots are not presented on the plan provided. However, given the proposed lot layout, it would be unlikely to expect that the following trees would survive construction of the driveways to the new residences on these lots as noted: Lot 1-Tree #6 Lot 2 -Trees #30, 31, 32 Lot 6 -Trees #24, 25, 26, 27 • ggpTE}vp3ER } ], 20(12 PRIsPARED TiY: MiC1lAEI. L T3F1VCIi, C(?NST 3}; rTNCi ARIinK}sT ®~lJ~~ 09/29/02 O9:44am P. 005 • TREP. St.TRVEY AATf) PRESERVATION [2ECOI~~TUATIONS AT THE SAC}ARCH[ PROPb'RTY, 13089 QLATO ROAD tl SARA'fOGA The followin trees are located in the building envelops and would appear to be at risk of survival by g construction of the new residences: ' Lot 1-Tree #2 ' Lot 2 -Trees #33, 34 Lots 2-7 -Most of the 3b trees represented by Tree #22 ' Lot 6 -Tree #4 (in the event that this tree would not be in conflict the driveway) ' Lot 7 -Trees #15, 16 ' A curb and gutter is proposed within 7-8 feet of the trunk of coast live oak tree #9. It would be essential that there be no trenching or excavation within a minimum of 10 feet from the trunk of tree #9. This presumes that there would be no other root loss to the tree on any of the other sides of the root zone. The demolition and removal of the existing driveway may be highly damaging to the root system of tree #9 if the soil directly beneath the driveway is disturbed. Some demolition equipment takes bites of soil as they remove paving. This soil may contain significant quantities of roots just under the surface. It would be essential that these roots not be torn out. A secondary risk is that roots must not be crushed by heavy equipment driving over the top of the area once the paving is removed. A waterline is shown to cross the root zones of trees #9, ]0, and 11. if this waterline currently exists and must be replaced, it must be relocated if these trees are to survive. If this is a proposed waterline, it must be relocated. Because the south and east sides of the root system of tree #9 would be at least moderately damaged by the construction of roadway under the best of circumstances and with recommended mitigation The waterline must be a minimum of 25 feet from the trunk of tree #9 and a minimum of 15 • feet from the trunks of trees #3, 10, and ] 1. A minimum of 30 feet from the trunk of tree #1 would be required for this purpose. The construction of any underground utilities may put some additional trees at risk of survival. For this reason, it is essential that location of any underground utilities must be planned as part of the construction package. This must not be left up to contractors or to the utility providers. Recommendations 1. I recommend that the new roadway, curb, and gutter be relocated a minimum of 10 feet from the trunk of tree #9. This would require relocating the roadway about 2 feet toward the west. 2. 1 recommend that the pavement within 20 feet of the trunk of tree #4 must be demolished in the following manner: a. If a tractor or skid steer loader is used, it must stay on the undisturbed pavement at all times. b. Break the pavement into small manageable pieces while keeping the tractor on the undisturbed pavement at all times. Load into the bucket by hand. The soil directly beneath the pavement must not be disturbed. Again the loader must stay on the undisturbed pavement at all times. c. Immediately (within an hour) cover the exposed soil with 3 inches of coarse wood chips. It is preferred to cover the new exposed soil with the woad chips as each small section of the pavement is removed. d. Wet down the area covered by wood chips thoroughly. Keep wet for a minimum of 2 weeks. . i PRP.PARF.T) RY ivf[CHAEi, L. RiiNC1-i, CONSULTINCr ARHORIS'f SEPTEMBFI2 11, 2002 ®C~®5~ 09!23!02 09:44am P. 006 • TREE SURVEY ANr) PRESERVATION RF,COMMENDAT1oNS AT 7'HF. SAGARCHI PRCIPERTY, 130$9 QIIiTO RnAD 5 SARATCX'rA • e. If the Canary Tsland pine trees #17 or 18 would be retained, the same procedure must be applied for the area within 15 feet of their trunks. 3. I suggest that construction period fencing be provided and located as noted on the attached map. Fencing must be of chainllnk, a minimum height of 5 feet mounted on steel posts driven 2 feet (minimum) into the ground. The fence must be in place prior to the arrival of any other materials or equipment and must remain ]n place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. The contractor(s) and the owner must be made aware that refund of tree protection bonds are based on the correct location and dedicated maintenance of these fences. 4. If coast redwood tree # 12 would be retained, the storm drain proposed on the north side of the trunk must be relocated a minimum distance of 12 feet from the trunk. If the trees adjacent to the proposed sound wall would be retained, the sound wall would require pier and beam construction that is completely on top of the existing grade {except for the digging of piers). This means there must not be a footing. If a footing is required, trees #12, 13, l7, 18, and 20 would suffer too great a loss of roots to expect them to survive. The lifting of this sound wall by these trees could probably be prevented if the wall were to be notched so that the bottom of the wall would be elevated about 1 foot above existing grade for the area about 5 foot radius from the trunks. 6. I recommend that a new waterline, if required, must be a minimum of 25 feet from the trunk of tree #9 and a ]ninimum of 15 feet from the trunks of trees #3, 10 and 11. The minimum requirement for tree #1 would be 30 feet from its trunk 7. There must be no grading, trenching, or surface scraping inside the driplines of retained trees (either before or after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements, the city arborist must be consulted- Please note that no Grading Plan is provided, but a Grading Plan, if required, must also meet is requirement for trees that would be expected to survive. 8. if trees # 18 and 20 would be retained, the proposed storm drain must be relocated a minimum of 15 feet from the trunks of these trees. If this drain is redesigned, a 15-foot clearance would be required of other trees as well. 9. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the driplines of retained trees. For any tree where this cannot be achieved, I suggest that the city arborist be consulted. 10. Any old irrigation lines, sewer lines, drain lines, etc., under the canopies of the existing trees, if unused, must be cut off at grade and left in the ground. 11. Supplemental irrigation must be provided to all of the retained, especially to the coast redwood trees. This irrigation must be initiated immediately and must be applied during the dry months (any month • receiving less than 1 inch of rainfall). Irrigate with 10 gallons for each inch of trunk diameter every 2 PREPARi;I~ BY MICHAEL L BENCfI, CONSULTING ARBORIST S}~TFMBER 11, 20(12 ~~~~~~ 09!23/02 09:44am P. 007 • TREE Si3RVEY AND PRESRRVATION RECOMMENDATIONS AT THE sAGARCHi PROPERTY, 13089 QUITO ROAD SARATCxiA 6 weeks throu out the construction period. This may be achieved by the use of a simple soaker hose, S which must be located near the dripline for the entire canopy circumference. Presently tree #1 is the only tree on this site that does not require supplemental imgation. 12. Excavated soil must not be piled or dumped (even temporarily} under the canopies of trees. 13. Any pruning must be done by an ISA certified arborist and according to ISA, Western Chapter Standards, 1998. If the sound wall is constructed as proposed, any adjacent retained trees will require pruning. Pruning must not be done by construction workers or contractors. 14. I suggest that the root collar of tree # 9 be excavated to expose the tops of the buttress roots without injuring the root bark. This must be done by an ISA certified arborist or by a landscape contractor experienced with this procedure. The use of an air spade or pressure washer to remove the excess soil is preferred. A space of approximately 15-20 inches around the trunk must be exposed. Air spade operators include: Aire Excavating Company 650/298-8937 and Urban Tree Management 650/321- 0202. 15. Materials or equipment must not be stored, stockpiled, or dumped inside the driplines of trees, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Valae Assessment The values of the trees are addressed according to ISA standards, Seventh Edition. The total value of trees #7, 8, 28, 29 is only $2,572. This value is equivalent to six 24-inch boxed specimens. Replacements are suggested. i recommend a bond equal to 50% of the value of the Exceptional trees #1 and 9. In addition, I recommend a bond of 25% of the value of all of the other retained trees to asswe their protection. Acceptable native tree replacements are: Coast live oak - Quercus a~rifolia Valley oak --- Quercus lohata Sig leaf maple - Acer macrnphyllum California buckeye - Aescu~us calrfornrca Coast Redwood -Sequoia sempervrrens Respectfully sub fitted, Michael L. Bench, Associate Ba ~ .Coate, Princlpa MLB/sl.. PREPARED BY MICHAisi.1. 13FNCi3, CONSUi,'ITNG AK13ORIST SEPT)rMBFR 11, 2002 r~ ~J ~~~~D54 ` 09/23/02 O9:44am P. 008 • TREE 3tIRVfiY AND PRF,SERVATION RECUMMF:NDATIONS AT THE °,AC}ARCHI PROPERTY. 130A9 QUITO ROA17 '] SARATOCiA Enclosures: Glossary of Terms ' Tree Data Accumulation Charts , Tree Protection Before, During and After Construction Protective Fencing Map PREPARED AY: MiCHAFL L BENCH C()NSTJLTING ARBnRIST sEPTEMBER I I, 2002 ~.1F~'~.7~~5 m m 0 a E N d~ d' 0I 0 N 0 N• 0) 0 • ~~pa .LSHOM = S'.LS7fl = i u{n~ LS ~ ~gYZS \IW ~y = 'lY9fi Siifl'IdA SCI, .EtVflNiii~'H'Id~iI anIBA lelol £SO L $ = 4'a0L '~I X bOS C $ _ %09 Puy X LOS Z$ = 9'o0L BBBI~ s X Z85 £ $ = ul s/LZ$ X £EL u! eiepoap sn~paO S b L 0£ Of 5L 0 £L ~ePaOiepoa0 L Z anIBA IBWJ. 609 S $ _ %08 ~! X 8b£ 6 $ _ %Sb Puoo X £LL OZ$ _ %O6 sseto s X L80 £Z $ = u! BILZ$ X SS8 u! 9 £ £ OS SL SE 0 ££ P~Pa2i lsBOO 9 S anleA iBLol L9L L $ = 4'009 ~1 X b£6 L $ _ %D9 puoo X bZZ £$ _ %06 BSBIO ' s X Z9S £ ^~ _ 'ul ' slLZ$ X ££L u! S L b SZ Sb bL ~ 0"£L poompaalseo0 g S anleA IBlol Les L $ = 4'008 '~I X 6LZ £ $ _ %5L Pua~ X Z6Z b$ _ %O6 BSBIJ s X 69L b $ = u! !LZ$ X LL L u! suaJ~ was elon g b L £ SZ 05 LL 0 SL Po~PaZ{ iseoO b S en1gA IBlol 060 L $ _ %OL ~I X 85S L $ s %SL Paos X LLO $ _ %05 sseh' sX bSL b $ _ "ui /LZ$X bSL u! i~sa~zuaw a nalopnasd b £ L SZ 0£ 9L ~O bL ~~ se no0 £ Z ~ an1eA lelol Sb4 L $ = 4'009 ~I X 906 L $ _ %51 Pua~ X £b5 Z$ _ %0£ Selo ' s X 8Cb 8 $ = ul LZ$ X b L£ u! ! eolip sngd j b £ L 5Z O£ LZ ~ ~ 0 OZ id aIQ!P3 Z Z anieA IB3ol £808L $ _ %SL oolX LLLVZ E = 4'a00L Pu~X LLLbZ$ _ ~YoWL 6Se10 SX LLL4Z $ = ul S/LZ$X £68 ul S epolu sno~anp I ~ Z L P L 09 Sb b£ O S L ~ x 0 Z£ HBO aNl 3seo0 L $ ~ ~ ~ 1 A ~ ~ ~ ~ ~ O ~ D ~ ~ s ~ O ~ ~ _ ~ A = ~' v m ~ 1 °m °m ~ m ewBN3ueld #Lax ~ ii m ~ qmq o O i ! o ~ O ~ c ~ ~ m mn c m r ~ 3 ° O ~ ~ ~{D O~{ O ~ ~ ~ r c i m v ?Gl ~ -i ~ ~ -r_+ 1 ~ l~ D N n O 5 5 ~5 u -i ~ z G) N m ' A 2 ~ Z -i o ~ O ~ ~ ~ i ~ ce ~ OFb56 tl]'~~J ~1 '° A D ~ ~ n a O ~ b, ~ m ~ Z ~ ~ ~ Z ~ ~ ~ m O1 ~ ~ m ~ a Pmtl@~~SSESEZ 8 m r ~ v ~ i ~ ~ A o ~ O ~ ~ g O ~ d< m ~ bSOI£5St804) A `~ ~ ~ v n ~ ~ , " o j ~ ~ ~ ~ 70SSY pae ~ ~ ~ ! N ~ 31Yi S `~ ' ~ Z ~ ' `" ~ ~ ~ 1 D 31~NV8 31V0~ N r ~ r • puaw wo a1 4ad ! 4AsBd sp aaN a!tge 0'Ja+!+~ Nd uogl PBO9 s~ua utai seeyy Zo/LI~6 9ti-zo-~ # qot 'P?T o~~n~ 680£L :ssasPP~' flof n>l~.t»~eg :al~i.L Qol Job Title: Sagarchi _~ Job Address: 13089 Quito Rd. job #08-02-116 9/11/02 Meas urem et-ts l:ond itlon P u Inal Cabll Nee ds PesUC laeas e Prob lems R e d . ~ ~ ~ COATE BARRfE D ~ ~ ~ ~ . ~ ~ ~ ,~ W ~ ~ and ASSOCIATES w ~ ~ ~ ? ~ ~ ~ ~ > 8 '? W R ~ (~ 3531052 ~ LL ~ Q z ~ ~ O ~ ~u S o _ ° ~ } ~ ° ~ ~ o c m g ~ ~ ~ ~ ~ ~ z ~ _ '? U d T353SSunailRwd ~ ~ i2 w ~ a ~ v ~ ~ ~ `''~ ~ ~ ~ o ~ a $ ~ ~ a LaGrfee,G 9903tl Y w ~ ~ ° C9 v~ ~ ~ ~ ~ ~ ~ ~ °z ~ ~ ~ ~ ~ u{ d! ~ W i w °a ~ p r ~ ~ ~ l g ~ z ~ ~ ~ ~ x U ~ U ~ v ~ ~ ? ~ wo ~ ~ ~ z a~ Key # Plarti Name o o ~ U 8 ar 13 0 19 30 30 1 4 5 4 I in 133 X $27/sq. in. ~ 3 3.582 X~ class 70% _ $2,507 Xcond 60% _ $ 1,504 X loc 70% _ $ 1 053 Total Valus 9 Coast flue Oak 18 0 { 19 30 45 2 1 3 1 2 s m 254 X $27/sq m = $ 6,867 X ap. class 100% _ $6,867 Xcond 90°k $ 6,180 X loc 75% _ $ 4 635 Total Value 10 Coast Redwood 14 0 16 20 20 3 4 7 f l ~ 5 1 In 154 X$27/5q. gyn. _ $ 4,154 Xsp class 90% = 53,739 Xcond. 30% _ $ 1,122 Xioc 70% _ $ 785 Total Value 11 Coast Redwood 20 0 22 20 25 3 4 7 5 In 314 X $27Isq In = $ 8,478 Xsp, class 90% _ $7,630 Xcond 30% _ $ 2,289 X loc 70% _ $ 1,602 Total Value 12 Coast Redwood 16 0 16 60 25 3 1 4 5 s to 201 X $27Isq in m $ 5,426 Xsp class 90°.6 = $4,883 Xcond. 75% _ $ 3,662 X loc. 75% _ $ 2 747 Total Value 13 Coast Redwood 1Z 0 x 10.0 13111 45 20 3 2 5 5 .in 183 X$27/sq m a $ 4,131 Xep class 90% _ $3,718 Xcond. SO% _ $ 2,231 Xloc. 78% a $ 1 73 Total Value 14 Coast Redwood 14.0 15 40 25 4 3 7 3 in 154 X S27/sq in = $ 4,154 Xsp days 90% _ $3,739 Xcond. 30% - $ 1,122 X loo 70% S 785 Total Value RSPLACHMENT TREE VALUBS Q 5.ga1=336 15-gal = 3120 C~ 24"box =3420 36"box m $1,320 4g"box = $5,000 52"box m 37,000 72"box = 315.000 1= BBST, S m WORST Page 2 of 6 • 0 N w • ~ ti 0 N 0 (D N 3 B N 0 (~ Job Title: Sagarchi Job Address:13089 Quito Rd. Job # 08-02-116 9/11/02 M s un m e Cond ido Pru ninglC eblln a Nee ds D I rob [ems R m d BARRIE D, COATS ~, o ~ ~ w 0 w w ~ ~ ~ V _ ~ and ASSOCIATES ~ °' ~ _ (456)3531052 d RR $' ti c~{ s ~ w ~ Sz - ~ ? Z O Z ~ w ~ ~ _ ~ o ~ ~ > ~ _ ~ JJ ~ c O m T#i35Sumn LaCalos,CA 9553a ~ ~ ~ ~ t4 J ~ ~ ~ ~ ~ ¢ ~ v ~ w z ¢ ~ w z ~ ~ ~$ ~ ~ ~ O ~ a 3 LL ~ ~ ~` ~ ~ ~ ~ ~ ~ z 4~ p ~ O ~ f ~ z w w S ~ ~ ~ ~o ~ r y Q ~ ~ j Key # Plant Name ~ a ~ a o Z ~ ~ _ 15 oast edwood 13.0 14 40 20 4 2 6 ~ 6 . in 133 X $27/sg m = S 3.882 X sp. class 90°!0 = 63,224 X contd. 45% _ $_ 1.451 X loo. 65°.b = $ 943 Total Value 16 Coast Redwood 18.0 20 50 30 3 2 5 ~ 5 t s to 254 X 627lsq in = $ 6,867 X sp. class 90% _ $8,180 X cond 60% _ $ 3,708 _ X loc 65% _ $ 2 410 Total Value 17 Cana Island Plne i4 0 i 16 ~ 25 30 1 ~ 2 3 Pinus canartensis ~ X cond 90% = 6 3,365 _ X lOC 75% _ $ 2 524 m 154 X 327lsq in = $ 4,154 X sP cuss 90% _ $3,739 18 Cana Island Pine 11 0 13 15 25 1 2 3 I` in 95 X S27lsg in = $ 2,565 X sp. cWss 9D% _ $2,308 X cond 90% = 6 2,077 X loc. 75% 6 1 558 Total Value 19 Mexican Fan Palm 20 0 25 15 10 1 1 2 Washtn onla robusfa in 314 X $271sq in. = 5 8,476 X sp class 50% _ $4,239 X cond. 100°.b = $ 4,239 X loo. Bb% _ $ 2 755 Total Value $BO er trunk foot 10' trunk het ht 20 Coast Redwood 14.0 18 40 25 3 1 4 5 in 154 X $27/sq in = $ 4,154 X sp. class 90% _ $3,739 X cond 75% _ $ _2,804 X loc. 75% _ $ 2103 Totat Value 21 Modesto Ash 16 0 x 13 0 23 45 55 1 4 5 Fraxinus velutma labs in 288 X $271aq to = $ 7,236 X sp daas 10% _ $724 X cond. 60% _ $ 434 X loc -75% _ $- 326 Total Value REPLACEMEI~iT TRHE VALUES 5-gal = $36 15-gal = $120 5 =WORST 1=BEST 24"box = $420 36"box = $1,320 , 48"box = $5,000 52"box ~ $7,000 " Pa6e 3 of 6 box = 515,000 72 • 0 0 N 6 t0 al 3 0 N N u • Job Title: Sagarchi Job Address: 13089 Quito Rd. Job #08-02-116 9/11/02 Meas urem ents Cond ition Pru nitml CabUn a Nee ds PasflD is~s o Prob lems R ecom mend . ~ ~ HARRIS D COATS ~ ' . d S ~ ~ w an ASSOCIATE cane~~io5s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ 0 ,~ ~ ~ ~ ~ a g ~ ~ ~ ~ Z ~ ~ ~ ~ ~ ~ a ~ ~ ~ 3353sSuna~Aaed LasOatae CA 95030 ~ ~ ~ ~ W ¢ ~ ~ ~ ~ ~ ~ ~ ~ s , ~ w r, j O Q ~ w O ~J ~ O O 5 u. ~ ~ < ~ _ ~ ~ ~ ~ ~ Q ~ Z W ~ ~ V ~ `~ ~ y a ~ o x ~ ~ ~ ~ ~ ~ s ~ ~ ~ w ~ ~ ~ Key # Plant Name ~ ~ D = m x u i 8 x 5 v ~ U ~ ? ~ ~ ~ Z 22 Che - 6 trees 7,0 X 6t8 614 13 15 20 4 4 6 = Prunus s les s in 8? X S27/sq in. = S 2,349 Xsp class 70% = 51,644 X nOnd 15% - $ 247 X loc. 5040 = $ 123 total value x 36 = $4428 23 Pium 8 0 x 7.0 5 0 13 12 20 2 1 3 2 Prunus ceraedera s in 79 X $27lsq in. _ $ 2,133 Xsp. Bass 70% _ $1,493 X cond 90°k = $ 1,344 X lot 60% _ $ 806 Total Value 24 Edible F 18 0 x 17 0 25 30 50 1 3 4 ~ 1 ~ . in 368 X827/sq. in = $ 9,938 Xsp, class 30% 82,981 Xoond 75% $ 2,236_ Xloc 70°!° _ $ 1 565 Total Value 25 Coast Redwood 11 0 12 45 25 3 2 5 5 In 95 X 827/sq in. = S 2,565 Xsp Gass 90°h = 82.308 X cond. 609'e = 8 1,385 X loc. 60% _ $ B31 Total Value 26 Coast Redwood 17.0 18 55 35 2 2 4 5 s in 227 X $27lsq in = 8 6,125 Xsp class 90% = 85.613 X cond 75% = 8 4,135 X lot 60% - 8 2 481 Total Value 27 Coast Redwood 12.0 13 40 25 2 4 6 5 .ln 113 X827/ In = $ 3.052 Xsp Gass 90% $2,747 Xcond 60% _ $ 1,648 Xloc 50°h 8 824 Total Value 28 Eve Teen Ash 13 0 14 35 40 3 3 6 4 Fraxmus uhdei . in 133 X 827/sq in = 8 3,582 Xsp. class 30% = 81,075 X coed 459'0 = $ 484 X lot 60% = S 290 Total Value REPLACEMENT TREE VALI7ES 5-gal n $36 15-gal = $120 24"box = $420 36"box = $1,320 48"boot =$5,000 52"box = $7,000 . ~~ $25,000 1 =BEST, 5 =WORST Pa6 • Job Title: Sagarchi • Job Address: 13089 Quito Rd. Job # 08-02--116 9/11/02 Meas urem ents nd itlon Pru ni al Cablin p Nee ds Pest/D iseas a Prpb tems R eepm m d . 8ARR1E D. cOAfE and AsS4cIATES (408) 35310.52 - 21535SumedRaad LaGtim,G 954?0 Key# Ptant Name ~° ~ 0° ~ ~ ~ L Y ~ ~ m O ~ o ~ w ca g+J W a [] w = ~ n ~i ~ ~ x 2 V ~ ~ v~i ~ ~ ~ ~ zo U ~ ~ F- ~ ~ ~ z ~ jj ~i ~ ? !- ~ ~ ~n ~ ~ ~ ~ ~ ~ ~ Z ~ ~' ~ w t9i z v ~ ~ ~ ~ ? ~ ~ ? .- ~ n ~ ¢ ~ _ ut ~ ~, r ~ ¢ ~ o ~ ~ o ~ ~ o ~ ~ o ~ ~, •- ~ ~ ~ ~ Z ~ oWC $ ~ ~ 29 A h 120 13 25 25 3 4 7 4 s in 113 X $27/sq in = $ 3,052 Xsp Bass 30% _ $916 X cond 30% _ $ 275 X loc 60% a $ 165 Total Value 30 FruRiess Mulbet 9.0 z 8 0 12 25 40 3 2 5 3 Mores a8ra in 89 X $27lsq rn = $ 2,403 Xsp class 50% _ $1,202 X cond. 60% _ $ 72'1 X loc 50% _ $ 360 Total Value 31 Fruitless Mulbe 12 0 x 7 0 13 30 45 2 2 4 E 3 s in 132 X$27lsq in = $ 3,664 Xsp class 50°.5 = $1,782 Xcond. 75% - $ 1,337 Xloc 50% _ $ 688 Total Value 32 Fruitless Mulbe 9 0 x 817 7 0 13 25 45 2 2 4 3 m 128 X $271sq. in. _ $ 3,456 Xsp class 50°~ _ $1,728 X cond. 75% _ $ 1,296 X loc 50% _ $ B46 Total Value 33 Amancan Persimmon 9 0 x 8\7 6 0 12 20 35 2 1 3 4 Dios ros vrr iniana . in 123 X $27lsq in. _ $ 3,321 X sD class 70% _ $2,325 X cond 90% _ $ 2,092 X loc 70% _ $ 1485 Total Value 34 American Persimmon 10.0 x 9.0 8 0 12 20 35 2 1 3 4 . In 13fi X $27lsq. in = $ 3,872 Xsp. olasa 70% _ $2.570 X cond. 90% _ $ 2,313 X loc 70% _ $ 1 619 Total Value 35 Caiifom~ Blade Walnut 15 0 16 25 35 4 3 7 Ju lane hlndsu s in 177 X $27/sq. In $ 4,769 Xsp class 1D% _ $477 X cond 30% _ $ 143 X 1oc 60% = S 88 REPLACBMENE' TREE VALLFES 5-gal m $36 15-gal = $120 24"box = $420 36"bax = $1,320 48"bax m $5.000 52"box = $7.000 72"box = $15,000 1=BEST, 5 =WORST Page 5 of 6 Job Title: Sagarchi Job Address: 13089 Quito Rd. Job #08-02-116 901.1/02 1 ~? 1 BARRtE D. COATE_ ~ ~ a ~ `~ a ~ and ASSOCIATES t4ae>~tos2 ~ ~ ~ ~ Z ~ ~ ~ a ~ ~~ Z ~ ~ ~ ~ ~ ~ ~ $ 2353f~uomilRoad -~~, ~ @`~} '4 w~ Z a ~ _ ~ a W ~ a ~ ~ ~ a °' LasGalm,l'A !51100 ~ ~ ~ ~ O ~ ~ r ~ ~ZZ w ~ ~ ~ ~ ~ $ ~~'LLgr S Q ~ V O ~ ~- g {(-7 tppo ~ ~Z O ~ r p O ~ W j W w ¢ ~ $ S ~ w O O Key # Plant Name ~ ~ ~ ~ o = ai ~ ai ~ v ~ U ~3 o t~ ~ ~ ~ ? ~ ~ ~ ~ ~ ~ z 36 od sto A 16 0 17 25 40 3 3 6 3 a In 201 X $27lsq. in = S 5 426 X sp. class 10% = gg43 X cond. 45% - S 244 X loc. 70% S 171 Tot01 Value 37 Coast Redwood 14 0 15 60 30 2 1 3 s in 154 X S271sq In. = S 4,154 X sp class 90% _ $3 739 X cond 90% = S 3 365 X loc 75% Total Va ue 36 Coast Redwood 13 0 14 65 j 25 1 1 2 I [n 133 X g2Tlsq in = $ 3,582 X sp class 90% - $3,224 X cond 100% $ 3,224 X toc 75% = $ 2 418 Total Value 39 Italian ess 8 0 10 40 8 1 1 2 Cu ressus sem rene _ In 50 2 X $27Isq m = 5 1,356 X sp class 50% = 5678 X cond 100% - $ 678 X loc. 75% Total Value ual to a 52 inch twx 40 Italren ress 8.0 10 40 8 1 1 2 in 50 2 X S27lsq. in. _ $ 1,356 X sP class 50% = 5678 X cond 100°.b = $ 678 X Inc 75% Total Value ual toe 52 Inch bwc 41 Coast Redwood 17 0 18 85 30 2 2 4 s In 227 X $27lsq m. = S 6,125 X ep class 90°.5 = $5,513 X cond 75% ~ $ 4135 X loc 75% $ 3101 Total Value 42 DeodarCedar 24.0 26 70 50 1 2 3 s In 452 X 52T/sq m = $ 12,208 X sp class 70% = 58,546 X wnd 90% _ $ 7,691 X loc 75% Total Yalu e REPLACEMENT TREE VALUES 5,~ _ $36 1~gal = $120 1=BEST, 5 =WORST 24" _ $420 36"box = $2,320 $5,000 52"box = $7,000 P~of 6 <. 72 $15.000 ~ - Ca 0 (D ti N w 0 N 0 (D ~A ~A 3 B r-+ 09/23/02 09:44am P. 015 Tree Survey and Preservation Recommendations at the BARRIE D. COATE and ASSOCIATES Sagarchi Property, 13089 Quito Road (4081959~105r Prepared for: rr535 fuland Road Ins Oria,G 95Q90 HORTICULTURAL CONSULTANT CONSULTING ARBORIST Crty of Saratoga, Planning Deparunent Date• S camber ] 1 2002 Job ii 08-02-166 . -.: Tree numbers correspond to evaluation charts. All dunens3ons and tree locations ~ i i' areappro>ornate ~ Ex SNGL STY ~ -- NESIDENn I i IS89-Ola-q36 I~ I r' t /~ I I E% D qE 135 E% ONE STY ' 309-D1a-D51 I J NED i ~-1------- ( r' r' NBa'00'30"W-`'=_ ---J ~L ---J25355' r ~~ 20 ~% s xoao EENDE 1 B4 99 y 7 89' Z 1 ~~3~ v / ~ ~ ~ / ~ Relocate Swale ~~ ~~~-r' Protective Fence ~ L (~~y~ ~ c~g3 `;' And Catch Basin I ossa.,-ti..- \ tP,'T 7} 6aF ~ ^3 A / I ,(1 P~'NI~NO \ -, I I,~ F ~ ~ `~.R`~',5 ~ ~ ~ %' ~ LOT 5 ~ ~W j~~-~ Imo' // ---- ---, \~ \ a,osz (sF 20 ~~ I ~Y,~pnD SnJ7 ~ I I \ G~-, Pno ]T¢D I 9- ( i Ev3 q I R%H ~~~.2\ cox ' ;~,i ,>`~ ,, . ~ i.>,Y; - ~ ~ ~ I :~: I ,_- ..AAA - -~ ~ ° ~ I `~+r' '~,-.,~~' ,_~ 32.,1-~-~ o- /25 . ~ 24~ ,, ~ ~ Q I ~ a. ~ •;~_ ,;>'.; ,_~ ' - . A"`-~ ~ LOT 6 I ~f ! ^ I ~26 ( J- ~ 1 10 252 Sf I - - - -~ I L ~ 31 ~~- I ~~ '/ PnD a]15 3 , _ _ ^ • F I~ X27 / ~ 1. n~ ~ rlP~~e` r ( - I - - I ~ I 'I I ~ ~ / Q - 4l ( L~, 34 33 ', 301 - - -- _~-_ ~ - - Nr~oo`~ _ _ _~ ~ M 42 • Protective Fence - >- ~ ; ~ Protective Fence _ ~, n~ Dw1' ~ < I 10,084 2 $F ,n6) O / Z5' PAD 355 t`~ ;~ay4( _ , O I J 1 PAD )77) ~~. .~p~ o = iYP I ~ ~?' ~7~^S. 1: _~,1. ~~"'~ IF"- ,,' I 'I_-(mss' 4oRw ~ ` ]6 15 14~~,~~ T~ 5 K 1 V1 ifC)C' ^y~y, L ' 1 / r ~ ~ , _ i ~ 3 ~ _ g ~--~ , __oc 10 - -11-F ~ - ~N -'-_ __ ---w ~ -7Vcc- -_ - Dtv - - .~ ~ s ,7.369 69 Ou MARTHA DRIVE (60') Ex ~o.o % B' SnN 51 I, I 1 1 11 1( I `•I j 11i ]81 41 'Fiv377 PR I Mt I 1 ~' I I II I ' II I (I VI I ul I 41 I Y I I. I VI .I ~I y i~l ¢~ a I ~. 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ES S 28 c. ~s4 ~ D d YE 1 S 1~ t5 ~~ ]~4 _• • ~~~®64 ~~ B~ st~ria~ _be~a~-, ~cn~a~e i$dicafi~~t~L-~a~~ead- ~-f€~€~s~~ea~ -and do net ~vislr ~a have a$r~ aa~iza~~~~- a~~ea~-Pr~~,-~et~g~aee~~ ~aa~ ~e be~veer~- ~$5fi4 and ~85~- I~~~d-A~): ~~~:~ vv- indieate~-~ ~ da-na~ ~a~ ~e-De~~ge~ a€ ~~e-~pe~-at 13489= E~i~a- ~d- ~.eerfle~ of f~t~t~~~~-~1~~~~-~a~e-dri~~- ess-an-11~C~arland-14 e ~&~9~a~ 1~8~54: ~ ~ ~ ~ 'v3 ~aC~~ c~~~ ,;1 ~tS~ ~ ~~ 1. ~rti~~i `~~ ~~ ~~ ~ fie- ~ddre~ S~;r~a~r~e- 3 ~ I 4. - -~ f - ' _. ~ - ~ €~ 4 ~4 11 1~ ~ ,' ~~ ' $EP 0 2 2003 I~ TnGA -- ~ CITY OF SARA ~-~ ~nMMUNI ~ ~F ~~ --- --- ~1'~~~~~ Sep 03 03 03:27p Janet Lynch 408-866-1609 p.2 ~~~~t~n ~ d~~~.~ a~c~ i!~a~~a~tc~ .eve. hR~a~~e,era~~-~,P._g~ace~k~-~+~er[~~.4~;ve~a}~ access--Y~e ~ev~e~ 1859 anci- ~sss~-=~~-~}: A~~s~.e- ~ ir~i~~- F do-- ~~ ~e-De~ei~pre~ ~I~e-~~~~.13089~ Q~~ R~ ~cor~"a~f~~~-~~~a~~e-a-nc~~~fne-~v~$rn~u-~~s-an-lti~Farlarrcl.~4v~e b~we~A~ 1.8~a~ Y8~80: k~ ~~ l~a~-e-- ~4d~s~ - --~ G, ,• S - _ ~. ,~ - ~ -- - 8~ V 4 ~ 11 - - I~ - ~! -- ------~ ---- z~ --~ __ - ~ ~~ ~~ -- -- - - . 1~ -~ - -. - --- - 1~. _ ~ i .~ ~~~(~66 ~~ I~LIC~~ ~j~iY C~ U J ~l l%' ~ fZ.CC~ 5 5 ~~~v ~ - v ~ ~ ~ • ¢ ~ - _ D OFFICE OF C~NTY ""°'~~ ... a ~i+Fa*57srkt,~`.~..' u~, aati'rias;i;:'.gw~.~ ~ - ~~ EVON ~~ AssessoR -_ • ' - _ ~. - - ~~~~.,~T~,.~ ' - .. .,~ ~ , ~r* SAN ~JO' X69 / 8p ~~ - i,~lrns _ 13 TA ClARA~ +^~~NTY u•rv - ilYnq . , aua I 1 so 9c ~~ -CALIFORN64' - - ,~ ~ I 1 Bo ~as~i . _ ~ ; ~ _ • ,, o NI 2 1 3 I I ~ .sear _ •'-~ _ -~ I I ' j 5 i 1 ~° ' ~ ~ ~~'° - ~ ~qV ' I 2 I 3 ~ ~ I B ~ ~ ~ I 80 e3ss ~ E. ~1 _eoe9_ ~ 1_ x_ 1 f a I I 103-v3~ ~ 9 1 g ~ so' -oi.~ aso $ 20 ~ 19 I 8 ( - ul /O ~ to~7f 1 ~I "• 1 ~ I o I 18 ` ~ 117 ~ 1 .~ 6 I 7 I I ~ a~ ~ ~ ~ ~ ~3~ ~I 1~ ~ 1 '. i. +- 1 a I - ~~ ~ a NI ~ 4 20 _! ~9 1 I I i Is I 1 ~ - - _ _ , _ 1 (o '. _ . _ , , _'~s~~ 1 1 N ~ 1 ~/~ ~ I /6 I f I • (3 I 1 ~,,, Si _, ~. - I'4R.Ql.p~ , „e,9 eo 1 ~_Y ~ ' ! 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'I •,- . - ° ~° ._ -~• ` ~~~,_ . , ` e~9o . sr N. 748 ,' • • isris• -~,= ~ ,,,; .,, .' _ }.; y, I ' 7q.yo ~ ar-s issso ~ SAN TOMA ., . ~ , .~rsr - ~ N-tl~l4r'~~ -: •,,~: . , _ 'i , d~ - ~~ ; ~ ? so ~~yo _ ~r S - -`~RCHAROg_ .`~1y ~•~ k_=T-(~t:'~ - ,<< ~.7ie' j' ~ ,.f , O I I .+Ar ` _ v i5 I,~, ~ , ~F' ~ ~, ,•~~. - ~- ~. Q1 ' I 3 ~ ~ ' ' ~~' -,~~ • $~ ~ ; ~' ofRB.~yivo to'~" '.' = `~~ ~.~- ~~;.1, -`s _ • . • ~c' - ~ 6.j1 , s t ' -~ ¢o a ~: 1, _ .. _ _~t~,y;.~',~ ml; r;`~>:~.~~~ ~~~," `.~~`':.~. ;-, - „~~ ~ ~ - Py~ - -~•1Eo I ~ ,~~ _ - t •~':,4:-~~~= ~~~,~;~~~~; :~~:. :> ;~~,r~,,kr a 4!''' '; -~,` ;--,; a - - IAR-of-oi3 zs. I _:~. ~ -, r: = , r- _ ,~~,. ~- ~I' - ~ ; (F~~ ~ .-~~ .,-,1~~".~!~~H ;~f ~,•~ .x ~t ~, ~ ~ ~~ ' !RI 0~5E-ol-or°~1A-2:~rc:~,:. _ -2s ( _ _.~e '::.-I,~ ..a: '~~ .".T- .~ ,,r;-- ~~' _. • ,_ "!`~`~ ~ ~~-=:..:<<t2ts. •~, •, Comments/Concerns derived-from- Conversations with- neig~rbors that dive- ~ A~fcparland-Ave near the Development site: 13fl$~ Quite- Ind: r~ ~`he surroundieg-homes would-lose-3-valuable-street parking spaces, these homes already have 1-imrted street parl~ing because of tie-sham turn that- McFarland-Ave takes- at this point: 2} Another driveway-with- the -potent~a~ of 2-4 rnflre ears viii- decrease the- safety on that portien of the- road-~ it located on- a 96° curve- and is already-dan~ous enoug~r. 3~ A Redwood (fo-" diar~neter~ would have to be- eat dawn: A ~~" diameter Ash would need- tv--be-severer trimmed aad-wo~rid probab~ suffer root shock from eor~st-ruetion~: 3 mature Ita}iart--Chess' vva~}d also-be-endangered dependian the-angie-of the driveway: 4~- 'Fhe lot lines €or the-propert~-at l ~~84 will be changed f~orn-the orig-inai p~ta~ar~rnod~ the dr}vev~a-y assess-for the'~~ house, thereby maki that-par-t o~ t-he street different fro~rr the -rest. 5 the homes bein added wi-l~}- sires F be-a b' -eno c ~i our- ~ ~ ~ ~ ~e- earner ©f theneighbarhood; plaeing_an addititma~ home-orr RylcFarland-would increas~th~traffrc-arrd-rroise around ns~a~d we don`t want that. ~~~~ ~ ~ D~ SEP 0 2 2003 Cl~ ~F S F~tELOPM~'- ~~nAMU~~~ " • ~~~~~~ " Ann Welsh m: elizabeth@lara.net nt: Thursday, August 28, 2003 3:21 PM To: Ann Welsh Cc: elizabeth@lara.net Subject: Dorcich/Mitchell Hi Ann results of survey questionaire completed at a neighborhood sponsored meeting on February 23, 2003. 90% Agree to Strongly Agree Want this development to feel like part of the neighborhood rather tyhan an exclusive cul-de-sac 95% Agree to Strongly Agree Architectural compatibility with farmhouse & neighborhood is important 82% Agree to Strongly Agree Prefer the homes to be one story 60% Agree to Strongly Agree Would like to see the size of the homes built in this range 70% Agree to Strongly Agree ~eally, the old farmhouse should be placed t facing Martha, Lot facing Quito, Corner Lot Martha & Quito 95% Agree to Strongly Agree New Development have same school districts as E1 Quito Park also other issues brought up -no the roofs -no cement wall on Quito. -No separate neighborhood suggested homes on Martha -Request low fencing of 3 cut off rest of neighborh~ • Sunland Park uses redwood fence. feel (ie: no large cement fencing, also face or are turned toward Martha) feet or less on Martha so that it doesn't god. I have been living in this neighborhood for 51 years. My wife and I have been living at the present address next to the Dorcich for 20 years. We chose this property because of the privacy on that side of the house with no neighbor. l~lnvy_ that_new._constructionis_~Janaed fnr.fhis-.pr-operty it raises__exception in our mind the type of construction to be performed. The exception wee have are noted below: The access proposed on to McFarland Ave for this property would create an excess amount of increased traffic and would create undo hazard due _~ _ 1~AcE _ As_asu.brwte: 1. My vehicles have been struck five times and twice cars have run up on the property by not negotiating the curve. 2. By~dtilrx3-an~~ccess_on_McFarland_drivers_traveling_east_on McFarland will be unaware that a curve exists and will eventually cause these drivers to think the road continues straight. • baying_1iy_ed_here.2Q years.~arith.no_r~eighbor on that side, building a two story would be an invasion of our privacy. Besides the privacy issue the houses built should conform to the existing ranch style, single story homes - ~ in the neighborhood. • Having been a landmark in this neighborhood since its conception the old farm house should be placed on Quito Road to continue serving as a landmark of this neighborhood. • When built the houses should not be surrounded by an exclusive, high stone wall, fence. • The des#uction of trees on_the property should be kept at a minimum to retain its orch;~rd appearance. • The creation of 7 properties will prevent the formation of rectangular properties conforming to the existing neighborhood. Jeannie Ducote ~ ~,w~ ~~~~ ~ , Dated ~ ~ '~ a ~ 0 SE.P p 2 2003 G'fY ~~ ~ARA~~ M~,,- ~OMMUN Dated ~ 2' ~ 3 • U • ~~~~'7® • Robert « Tina Block 18595 McFarland Av. Saratoga, Ca. 95070 ' 408 378-2625 D City of Saratoga SEp p 2 2003 Planning and Building Dept. CITY OF SARATOGA To whom it may concern • ^~*~MIINI'n' ~F,VEI,OPMF'``~ for 21 years. I was born and raised in this once verdent Santa Clara Valley on a farm that my now deceased father refused to sell to developers of the first subdivision to start paving over this fertile soil. My lovely t~ife, Tina, has resided :zere for thirty years and we both feel blessed that our parents had the foresight to choose this haven as our home. The valley has since transformed from a bloosom andfruit- filled garden to urban asphalt jungle s-a~len with people,cars,and the ever present noise. We chose Saratoga as our nesting place for it obviously possesses the most beauty that once prevailed throughout this region and we truely appreciate our n~a:hgbors concern and diligence to maintain the restive and caring envirornment here. It is for these reasons that we demand that this inevitable development of the Dorcich Property must be planned and divided with the utmost concern and 'benefit to all the surrounding neighbors. It has been brought to our attention that the previous oimer ~ 18580 McFarland Avenue refused to sell to the developer of the Dorcich property for fear that he might change the flavor and ambiance of our surroundings. Ti1at developer then,u~~~~~e~~~ to the seller, had an associate make the purchase in order to advance his scheme to over-ride our n6ighborhoods concerns. It is our understanding that his proposed lot size is not in keeping with all the other lots on McFarland Avenue and that more traffic and parking problems may ensue on an already tight corner. We have come to expect a certain character of our neighborhood and in our opinion we believe this proposed home is substandard and subsequently changing the character of our subdivision. We have resided on McFarland Avenue Sincerely and ~tespectfully Yours, • ~,'~~r-~~~U.i Jl~GL Robert Block ~~~, Tina Louise Block ~~~~~~ SENT BY: NUASIS CORPORATION; 408 350 4999; AUG-28-03 4:03PM; PAGE 2 August 12, 2003 1tE: X3089 Quito Road -Dorcich /Mitchell Residence G4 1fiP-91- 13089 Quito Mitchell Residency Crafts~nau a,~,fg O1 Road (1909) ~ Doan City of Saratoga, Planning c~ Heritage Commissions-~ As residents of Sunland Park arld El Quito Park neighborhoods of Saratoga, we have e historic Dorcich/Mitchell Farmhouse and orchard property ~ part of our community since 1909_ We value this property as a gateway to this area of Saratoga and we cons der this as historical property to the City of Saratoga. Z'hank~fully, the City of Saratoga recognizes this valuable property by entering the Dorcich Residence as a Heritage Preservation as tlae Iviitchdll Residence zaoted above 'lh the below categories of historical significance: a) aJ The property exemplhies or reflects special elements of the cui~tura~ social, eeonvnric, pulttic~rl, aectheJiq engineering or architecKural history ofthe City, the County, the State nr the nutiun; ar e) c) ~'he,pruperty embodies• distinctive characteristics of a style, ty~e, period ur method of cvna7ruc~tion, or is a valuable example of the use of Indigenous mal~rla/s ur cra)4smanshlp; or f) ~ The property represents a signrfr'cant coneentradon or cantinuFty ofsite, buildings, structures or objects unlfled by past events ar aesthetically by plan ar physical ter natural elevalopment; or g) gJ The property embodies or conlYibutes to a unique natural settl~g or environment conslltuting distinct area or district within the City having special character or ~pecial ltistoric:al, architectur or aesthetic interest or value, The specific findings show that the property is regarded as al unique natural setting. e understand that the entire property is a Heritage property, nclt just the house. As no above in item #G. I If the Dorcich orchard property is to be developed. then as local residents of Saratoga we are aslang the City of Saratoga, Planning & Heritage Cornm~ssions to continue to alto Saratoga residence to promote this valued exanrple of distinctive craftsman home as a LANDMARYC to the El Quito Park & Sunland Park areas ofi Saratoga. ; We value this property and home as an essential GATEWAY to Saratoga and our neighborhoods from San Jose, Los Gatos & Campbell rnuni~ipalities. This home mus continue to be showcase and admired by all who travel dowtp the Quito Road area and enter Saratoga from our neighborhoods. This is the only significant Landmark we hav to this part of town. ~ We are requesting that this Dorcich (Mitchell) residence eonkinu,e to be a SHOWCAS to the history of our town az~d a monument to what this area ofSaratoga portrays. We ~~ ~J • SENT BY: NUASIS CORPORATION; 408 350 4999; AUG-29-03 4:04PM; PAGE 3 ~' ~~ r I ;~ I requesting that the DorcichlMitchell craftsman farmhouse ~ NOT moved to position at McFarland Avenue nor anywhere near the back of any dev~lopmer~t, We are reques ' the City of Saratoga, that 1F this home muse be moved for development, it woald re ain at Quito Road or Quito Road a Martha Aveziue so that wil~ continue to be visible &; admired from Quito Road, as it has been for many many deicades, as a gateway to ou~ commuzvty. We are also requesting that any devef opment around this ht~rne keep in architectural conformity to tlic surrounding neighborhood and the Dorcidh/Mitcheli Craftsman hoi {as noted in Heritage Resource Inventory as item #C) ; Please note sigtxatures attached • • SENT BY: NUASIS CORPORATION; :' r' ~,. /; , i }~~ 408 350 4999; IiE: Doroich/Mitchell Residence Aug 12, 2Q03 AUG-28-03 4:04PM; PAGE 417 ` • • • ~®~®'7~} SENT BY: NUASIS CORPORATION; 408 350 4999; RE: Dorcich/Mitchcll Residence Ang 12,//2003 AUG-28-03 4:04PM; . ~~~ PAGE 5/7 SENT BY: NUASIS CORPORATION; 408 350 4999; RE: Dorcich/Mitchell Residence Avg 12, 2003 NA ADDRE p ,~ -a ~ LL.~~ AUG-2B-03 4:04PM; ~ F,nr~a~~ & Pho~te ~~~ ~ ~~~. ~ S . PAGE 617 •I • i M 'f ,~ W ®~~~~ SENT BY: NUASIS CORPORATION; 408 350 4999; _ I RE: Dorcich/Mitchell Residence Aug 12, 2A03 AUG-28-03 4:04PM; ~~ NA ADD '` /' 7 - ~ m ~ ~ ~ - 3 u~ ~ /via ~ .Y . .~r~ ~. ~- PAGE 717 ~ ~®®x'7`7 • Attachment 6 r~ ®~~~g • The Saratoga Historical Foundation Saratoga Historical s~useum Post Office Box 172, Saratoga, California 95070 r~ ~J 408-867-4311 September 17, 2002 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: SAGACHI Property, 13089 Quito Road Application NBo. 02-18 Dear Sir/Madam, At the Board of Directors meeting last night I was requested to respond to the subject application for the subdividing of this property. The Saratoga Historical Foundation was organized to assist the citizens of the City of Saratoga to preserve the history of this community, including our building. The residence on this property was constructed in the early part of the 20t'' Century and is of an elegant two-story Craftsman style of architecture. The original owner, Frank Mitchell, was a very prominent citizen of Santa Clara County, including serving as a member of the Board of Supervisors. The Board has unanimously voted to request that this residence be preserved as it exists and not be remodeled. If it must be moved, it should be located at a prominent location at the front of the property rather than be placed in a rear corner as shown on the accompanying Plot Plan with your request for comments. Saratoga is=losing too many of its historical buildings and residences, therefore it is in serious jeopardy of losing its historical integrity. We urge that you deny this application if the residence is to be destroyed and/or remodeled. Thank you for your assistance to preserve this historic residence. - Very, truly yours, • i~~~ ~~~ Willys Peck, Vice President Saratoga Historical Foundation L }~~ f~ i~ ,,J.p. ~,. ,`~ << . ~~ SAP 2 ~; 2Q02 ~~ • Attachment 7 • ~~~~8® September 3, 2003 Dear Ann, First and foremost, we wanted to thank you for all of your cooperation and help in guiding us towards an achievable subdivision map. I wanted to also take this opportunity to reiterate our detailed plans for the Dorcich Orchard. a. We are planning to split this 2-acre lot into 7 conforming lots of 10,000 to 12,000 SF. Each of these lots meets the existing R1-10,000 zoning guidelines without any request for zoning change or vaziance. b. We will meet all the well-defined requirements of the City of Saratoga's public works, planning department, and fire department. We also meet all of the Subdivisions guidelines where practical. c. We have agreed to preserve the existing heritage house per the request from Heritage Preservation Commission on August 12, 2003. The preservation of this old house will have a huge negative financial impact on the project. d. In addition to the existing structure, we will build 6 new houses, each around 3000 SF, meeting all of the City of Sazatoga Planning and Building Department's guidelines. e. The new houses will be designed to include some of the looks and design of the old house on the lot and other houses in the neighborhood, meeting the maximum height requirements from the City of Saratoga. Our neighbors' privacy is one of the primary factors in these designs. f. We have already spoken to the neighbors who will be impacted by this project and have implemented their requests as much as possible. As an example, per their request we will not build a security gate to separate this community from the rest. g. Finally, all the important trees on the property will be saved and preserved. This plan will create a new community that blends well with the existing one. This project will increase the value of the properties in the vicinity, while creating at least 100s of new jobs for the next two years. It will create additional revenue to the City in the form of property taxes, permits and fees, while creating additional patronage to the area's businesses, with a minimum impact to the local traffic or environment. This project will also enhance the appearance of the local community, replacing an abandoned and dying farmland. The conceptual design has also been included in the original package to the City but we are still very open to suggestions and feedback. The designs are not completed and shall be modified as needed. Our phone numbers are (510) 396-4241 for Salim and (408) 499-2484 for Sia. Please do pass these phone numbers to the neighbors and all other concerned citizens. We are very • interested in discussing any reasonable issues with anyone. ~~'~~8~. Finally, we are prepared to start the development project as soon as is approved by the City authorities. Looking forward to our meeting at the planning meeting. Bes ~egards, 1 ~' v ~;- alim Sagarchi & Sia Hashemi C7 • ~~~~8~ • fast an-~lysis-of subdivision option 4 7 Lots saving the old house. 1-~ngir~ering,civil;survey,sa~l,struct ,archit,~lans:- ~100~000. ~ , 2-city fees $70,000, 3-utilities,permits &installation fees $70,000. 4-crean up,gra~ng,tree removar ~ $3o-,000. 5-sound walls,fencing $40,000. 6-street,roadwork. $50,000. 7-construction (7x3200=22400 sf x $150 $3,360,000. 8-landscaping $70,000. 9-financing,loan p~yment~ 16-month $600,000. TOTAL LAND . TOTAL COST $4,390,000. $3,600,000. $7990,OOQ. COST p~~ ~JN~T = $-t,t~0,000. price X1,350,000- $1,450,000. for each of the new unites sales com: $40,000-80000. Total net from 6 new houses $1,200,000-$1,500,000. ~~iEe a~ house $850,040-- $~50,OOC~. Sales corfl. $25,000.- $40,000. ~~~~~~ • Note: the East of mo~~ng and remod of old horse ~s almost the same as new unites. ' let less-dram- ald hause~ $~Q0,000. Total net from the project $1,000,000-$1,300,000. HE ~IAR~ET ~QES DO-~N B-~'- ~Q°~o- THAT MEANS $300,000- $600,000 profit • ~~~~~~ • fast analysis o~ subdivision 7 Lots not saving the old house. • option 3 1-Engineering;civll,surve~,sail,struct ,ar~l~i-t,plan-s: $1-Q0,000. 2-city fees $70,000. 3-utilities,permits &installation fees $70,000. 4-clean up,grading,tree removal. $30;000. 5-sound walls,fencing $40,OOb. 6-street,roadwork. $50,000. 7-construction (7x3200=22400 sf x $150 $3,360,000. 8-landscaping $70,000. 9-finaneing,loan paym€nts 16 month $~QOr000. TOTAL $4,390,000. LAND $3,600,000. TOTAL COST $7990,OOQ. COSH' gER ~1NIT = $-1-,~4~000. price $1,350,000- $1,450,000. for each of the new unites sales com. $40,000-80,000. Total net from 7 new houses $1,400,000- $1,750,000. ------------------------- IF THE MARKET GOES DOWN BY 10% THAT MEANS $500,000- $1,000,000 profit • ~~®~~~ • Oost an-alys~s of subdivision option 1 6 Lots not saving the old house. 1 Engineering,ci~i-l,surv-e~,sail,struct ,archit,plans. 2-city fees 3-utilities,permits &installation fees 4-cretin ug,grading,troe~ removal: 5-sound walls,fencing 6-street,roadwork. 7-construction (6x3200=19200 sf x $150- 8-landscaping 9-financing,loan payments 16 month TOTAL LAND TOTAL COST $-94,000. $60,000. $65,000: $30,400. $40,000. $50,000. $2,88Q,4Q0. $60,000'. $500,000. $3,775,000. $3,600,000. $7,375,OQ0. COST FER-UNIT = $1,230000. price $1,350,000- $1,450,000. for each of the new unites sales com. $40,000-80,000. Total net from 6 new houses $500,000- $900,000. IF THE MARKET GOES DOWN BY 10% THAT MEANS $0 profit • • ~~~~~~ • Cost analysis- of s~b~~vision- O~~tion 2 6 lots saving the old house. • • 1-Engineering,civi-l,survey,soil-,strnct ,archit,~lans:- ~ $90000. 2-city fees $60,OOQ. 3-utilities,permits &installation fees $65000. 4-crean up,grading,tree removal. $3t1,OQ0. 5-sound walls,fencing $40,000. 6-street,roadwork. $50,000. 7-construction (6x3200=22400 sf x $150 $2,880,004. 8-landscaping $80,000. 9 ~inancing,loan p~ymen~~- l6 month $S4Q,000. TOTAL LAND COST TOTAL COST COST- gLR~ I~l~~T price $1,350,000- $1,450,000. sales com. $40,000-80,000. Total net from 5 new houses Brice of old hose $850,0110-.- $-950000. $3775,000. $3,600,000. $7,375,000. $ x,230,000. $400,000- $750,000. note: the cost of relocating,foundation&remod is almost the same as other new unites. Net loss of $400,000. from the old house 1~C100~'~ • TOTAIJ NET FROM THE I'~O-~E~T $0. - $350,000. IF THE MARKET GOES DOWN BY 10% THAT MEANS $500,000. - $800,000. loss. ~d~~~~~ • • • • • • ~7 aE~ N FRONT ELEVATION ~, 00 0 ~l • • • FRONT ELEVATION 00 I~~vrn nnno,~~ j ~ I ; ! I ~, ~uu ,; J ~ ' ~ i ~ REMSKNS r ~'~' ~ i~ 1 I ~I / /~ ,!% ''~ ,' LG~r :~ ~' ~ 11,335 +272 =77,607 SF i / ` jr LOT 4 LGT 5 14.453 SF 259 SF 11 ~ ~Ii ~ ,I, j ~ 1 I--- - - --_. ~ .. f,/w t1 -- -- ~~ ~ , ---~--- I U~ I f _. __ _ ___._."_ ~ ~J ~ ~ ~ ~~I ...._. - /~ N ~ i ~ ijI ~ i ~- /' O ~ f;~ I . /r ~ ~.' -•.. ~ i ~ I ~ , RELO ATE ! / ® EXI TIN ~ ~ 0 ~ p ~ (Iii I ~~ ~ ~~ ~ ~ ' ~ ,~--~_ ~ ~ Q w~~ !Y m d 2 w U ~ Q~ ® ~ ~ HOUSE ~ ® I.li~ <Y~woo ~~~ ~ \ ~~ i I 1 I ~~ l ~ ~ l! ~ I Q~~w~ 4) J C I I 000 i \ ~ A ~ _. ____ . ~ _._ _~ j ~ I I ~ I~ ~ fY !~ a ~a I \ ~ o ~~ p ~ i ) 1HF CAbfiNO" / ~ 16'~'NIYI ~ ~ ~ ~ , - I C J \ I it ~ I ~I i i ~ ~ ~1 / ~ V~ ~ ~ 10,075 SF r ~. ~ \ i ~. ~ ; ~ -'^~ ''~ ,, , j /' , a ~ b , ~ i ~ '., i 1 ~ .~ I " 2 ~ / $ rr ~ ~ ~ ~ ~ ti / ~ { i r Z ~ a ~ I ~ ~ ~ ~ ~ ~, ~ ® ~! 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S I ~' ~ I v F- a~ o ' I 6000 ~ ~ 18"RN9 f I ~ ~i f f ~ ~ 7 ~~ _. __.~__._. ._ ~_ ~. ... .' ` ~ S Gr :n _ 1_ ~ ~ ~ ""'- ~ ~ ~ THE CONTESSA ~ ~ ~ THE EASTERNER -~ --- - _._ -_'.`_ 171 Q ,/~ Lid E~~ r ~ ~ ~ 12,1 26 5f - '~ ® ~ - ~ ~ I to i tit ~ i ~ ? ~ _~ io ~p ~ ® ® ~ ~ 0 ~ I ` ~ ~ I ~ ~~, z ~ ~ _ ___~ _ _ i ~ I 25, ~ 1P. ~ ~ e ~ c~o / I F ~ > w Y °°° pp~~ ®0 ,~ ~ ~o~ ~ {I LG i ~ F N T 12 225S E , ; ~~ ~A ~ ~ TYP. ) ~ ~ I L ~ ,_, ,.1 ~I ~J w~~_ ~ Z ~- '1 ° ,~0 ~y ~, o o~ - ~ 2~' I I ~ ~ @ o 0 ~ p, ~ ~~ ~ ~ ~ , ~~ t ~~ ~ I ~ - C7 C) c~ r .~s ~, ) _ ~ - ~ ~ oo _ ~ - TYP. ~ e ® ~ ~ ~t ,~ C7 Z ~ THE RENO ~'Wrol ~ ' ~ 5 ~ ~~ TH AMBR ~ t" ~ SA 13"FWD RR9 ~ F ` ~ ~~~ i ~f F.' lF ~~ ~~ ~ ~ ~ ~_~ ~~ //''yy \J i 4= MART i HA DRIVE ~ ~ m __ ._ . _ ~._ .. --- ._.._ e. _.. _ - _ . _ _ .. _. _ _ _ ~_.. _ _ .:._ -.. ._ ._ _.. I ~ ~ ~ _..._ ._ .._.... _ 7._ ~ ~ . . ' _.... ~ ~~> ~ ~ 51fEf N0. i ___.__. __ .f ----_~ ~ __ _.~.__~__. __. __ ..-~_... ._. __ ______ .._ .._ .____._ _ P ' i i ~ i \ ~~ ~~ ' .I`~I ~ ~ it ~~ ITEM 5 • REPORT TO THE PLANNING COMMISSION Application No.: #03-176 (Revisions to Article 15-06 -Definitions) Location: CITYWIDE Type of Application: Zoning Ordinance Amendment Applicant/Owner: City of Saratoga Staff Planner: Thomas Sullivan, AICP Date: September 10, 2003 Project Description In an on going effort to make the City of Saratoga processes and ordinances consistent with one another, Staff is presenting to the Planning Commission a set of amendments to the Definitions section of the Zoning Ordinance. This section was selected as the next major update as it is one of the most widely used portions of the Saratoga City Code. The proposed amendments not only move towards rectifying practices and the letter of the law but also provide much needed streamlining and clarification. In addition to providing revisions to existing definitions, Staff is recommending that several new planning terms be defined in this section. The definition of "height" has been completely rewritten. Currently, the definition is vague and difficult to administer. Currently the definition of height addresses both fences and structures. These have been separated. Other highlights include changing the definition of driveways and streets so that a common driveway is not considered "right-of-way as a street is also considered. The definition of "Manufacturing" has been removed, as it is not a permitted use within the City. Staff has provided the typical--s#~i}~f~ for deletions and bold ifalic for additions. This seems the best method to present the proposed changes to the Commission. 15-06.005 Application of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise. 15-06.010 Abandon. C "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. ®o®®®~ 15-06.011 Abatement. "Abatement" means fhe acf,of eliminating the condition that causes a nuisance. 15-06-.020 Abutting. "Abutting," means having property lines or district lines in common. 15-06.021 Access. "Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. 15-06.022 Accessory Structure. "Accessory Structure" means a structure detached from the main structure on the lot and incidental and subordinate to the main structure or use, but not including. Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on fhe same lot wifh the principal use. 15-06.024 Acre.- "Acre" means a measure of land area containing 43,560 square feet. 15-06.030 Addition. "Addition" means any construction, which increases the size. of a structure in terms of site coverage; height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation. 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members. of a btrifdtrrgs--er-structure, or change in relative position of bai+eltt~s-ar structures on a site, or substantial change in the exterior appearance of any g-art structure. ~~ ~®~~®~ 15-06.051 Apartment Unit "Apartment Unit" means an independent, self-contained dwelling unit with one or more rooms with private bath and kitchen facilities in a building containing three or more such dwelling units. 15-06.052 Applicant "Applicant" means a person submitting an application for development. 'Where the Applicant is not the owner of the lot that is the subject of the application for development, the Applicant shall provide the approving authority with evidence that the application for development is authorized by the. owner.' 15-06.053 Application for Development "Application for Development" means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes. 15-06.060 Approving authority. "Approving authority"means the legislative body, commission, committee or official of the City designated under the .provisions of this Chapter as having the authority totnttta4iy- approve or deny a particular type of application. • 15-06.061 Appurtenances "Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buildings, such as; chimneys, flag poles, cupolas, spires, or antennas. 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or element of a building, structure, or site. 15-06.062 Architectural Style "Architectural Style" means the characteristic form and detail of buildings of a particular historic architectural context or period. 15-06.070 Attached. "Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling 15-06.080 Attic "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. ~0~~®3 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly ,below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal ~to forty-two inches. (See Figure 1 a) If the finished floor directly above the space is more than' forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. This requirement applies to all lots, with the exception of hillside lots. , On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each ,zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 15-06.100 Bed and breakfast establishment. • "Bed and breakfast establishment" means a structure designed as asingle-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on-the premises. ~ . 15-06.105 Below Market Rafe Dwelling Unit. "Below market rate dwelling unit" means a dwelling unif, which is rented, leased or-sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and -Urban Development Program Income Limits or, in the event That the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safefy Code sections 50079.5, 50105,- and 50106 as those sections exist as of the effective dafe of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land. 15-06.120 Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. 15-06.122 Building, Main. "Bui/ding, main" means a building in which the principal use of the parcel and/or building site is conducted.- ~00~®4 15-06.125 Building site. « „ "Building site" means a lot, occupied or to be occupied by a main building and accessory buildings, or by a dwelling and ifs accessory buildings, together with such open spaces as are required by the terms of this chapter. 15-06.130 Cabana. "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pool. ~~ 15-06.140 Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients. 15-06.160 Community facility. "Community facility" means a place, structure, area or other facility used for and providing ~, fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community view sheds" means any views, which are visible from an area which has scenic value for the community. 15-06.170 Corral. "Corral" means an area enclosed by fencing for the keeping of horses or other livestock. 15-06.180 Covered parking. "Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space. 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the .plane of ground traversed by the watercourse. Where banks do not distinguishably end, the fs City or Santa Clara Valley Water District shall determine the fop of such banks. ~®U~3~~ 15-06.190 Day care facility. "Day care facility" means the use of a site or portion of a site for a group day care program for eight s~ or more persons ~`~~other than those resident on the site. The term includes nursery school, preschool and similar facilities. 15-06.200 Detached.. "Detached" means. a building or structure, which is not attached to any other building or structure. 15-06.204 Development. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; .change in the density or intensity of use of land, including but not limited to, subdivision pursuant fo the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splifs, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconsfrucfion, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility;, and the removal or harvesting of major vegetation other than for agricultural purposes. 15-06.210 District. "District" means a portion of the City within which certain uses of land and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." 15-06.220 Drive-through service. "Drive-through service" means a feature or characteristic of a use. involving the sales of products or provisiori of services to occupants in motor vehicles, including drive-in or drive-up windows. 15-06.230 Driveway. "Driveway" means a private roadway servicing up to four parcels ,the use of which is limited to persons residing or working on the site and their ~..,..., ':..~~,.~~~~~~ i~trs~ress visitors, which provides access to off-street parking or loading spaces on the site. 15-06.240 Dwelling. "Dwelling" means a ~aee-permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. 000006 (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one . kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living. independently, of each other, and doing their own cooking in the building }~avided-However, asingle-family. dwelling and a lawful second unit dwelling located upon the same site shall not be deemed a~ multi-family dwelling. (d) Second unit dwelling means an attached or detached residential dwelling unit which provides complete independent living facilities -for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel. within the A, R-1, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately from the primary dwelling, but maybe rented 15-06.250 Emergency access. "Emergency access" means a street, which is gated or otherwise closed to regular .use by vehicular traffic and intended for use by vehicular traffic onlyin the event of emergency. 15-06.255 Equestrian zone. "Equestrian zone" means an area of the City where horses may be maintained for private use and. commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from- property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. 15-06.260 Family. "Family" means an individual or two or more persons occupying a dwelling unit arid.living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit: A family shall be deemed to include necessary household servants. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing home, or institution of any kind. 15-06.261 Fence. "Fence" shall mean any structural device, other than a wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic or other similar materials. 15-06.270 Financial institution. "Financial institution" means a bank, savings and loan. association, credit union, thrift association or similar organization. 15-06.280 Floor area, ~~~~~~ {~j Floor area means the total habitable and/or accessible floor space under roof of all floors of a building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an interior height of five feet or greater, porches, verandas and similar building elements with a solid roof and enclosed on three or more sides, garages arld enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height is less than five feet. The term"interior courts" as used in this section means an area within-the structure 'enclosed on all sides. 6~ess fleet Floor area does not .include basements, exterior roof overhangs, exterior unenclosed balconies, ihaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with three or more walls; or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation. of a nonconforming lot with respect to frontage, width. or depth. If more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then any of such property lines may be deemed the frontage. 15-06.295 Game arcade. "Game arcade" means an establishment having more than three coin or -token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site. 15-06.300 Garage. "Garage" .means an accessory structure or a portion of a main structure that has a permanent roof, is fully enclosed on all sides, .and is designed for the storage of motor vehicles. fi-a 15-06.310 Gasoline service station. "Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Plan" means the current General .Plan as adopted by the City pursuant to the requirements of the Government Code and includes, for fhe purposes of this Chapter, any specific plan applicable to the site. ~~~~~8 15-06.325 Geotechnical clearance. "Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site; (b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties; as. required by the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. , 15-06.330 Guest house. • "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and. used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. 15-06.340 Heighf of Buildings "Height of Building" means the vertical distance from the average of the highest- and lowest point of the lof at the building's edge, measured, from natural grade, of thaf portion of .the lot covered by the building to the topmost point of fhe roof excluding appurtenances, unless otherwise specified in this chapter. The Community Development Director, through the use of the best available information, shall determine natural grade. 15-06.341 Height of Fences, walls and hedges "Height of fences, walls and hedges" means a vertical line from the highest point of the . fence, wal/ or hedge to a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the ~~~~~'~ fence shall be the vertical distance measured from fhe top of the fence to the boftom of the retaining wall in the manner prescribed herein. 15-06.350 .Home occupation. "Home occupation" means #~re any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business. or the handcraft manufacture of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to' the use of the dwelling for dwelling purposes,- and in accord with the provisions of this Code. 15-06.360 Hotel. "Hotel" means a structure or portion thereof or a group of attached ok detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. 15-06.370 Impervious surface. "Impervious surface" means any structure or hard surface which `substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrefe eem 15-06.380 Institutional facility. "Institutional facility" means a .place, structure or area operated by a public or private organization or agency, used for and providing educational, residential, or health care services to the community at large. The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or colleges. Ifs use does not involve direct on-site sales of products orpersonal services. 15-06.385 Intermittent stream. "Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons. 15-06.390 Keeping; keeping for private use. (a) Keeping, in relation to the keeping of animals, means the harboring or maintaining. possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being. kept, within the meaning of this. definition, by the owner or other occupant of'the site. (b) Keeping for private use, in relation to the keeping of animals, means, the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale. • 15-06.400 Kitchen. ~~~~~® "Kitchen" means a room designed, .intended or used for the cooking and preparation of food. 15-06.405 Lightwell. "Lightwell"means an excavated area adjacent to a building that extends no more than four feet measured- horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light. into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. ' 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area orr fhe site may g include loading berths, aisles, access driveways, turning and maneuvering areas, clearances and similar features which rrreet+ng meet the requirements established by this .Chapter. 15-06.420 Lot. "Lot" means a parcel of land consisting of a single lot of record. (a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described by • metes and bounds or shown on a parcel map which has been so recorded. (b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the intersections of the lot lines with the. street lines meet at an .interior angle of one hundred thirty-five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five degrees or less. (c) Interior lot means a lot other than a corner lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the requirements of this Chapter for site width. The length of a corridor access shall be measured from the frontage line to-the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. (f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern, southern, eastern or western directions. (g) Reversed corner lot means a corner lot, the .side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (h) Double frontage lot means an interior lot having frontage on two parallel. or approximately parallel streets. 15-06.430 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot the shortest dimension of the lot fronting the street, . , or, on a double frontage lot, ~~~~~~ the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot,. the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width. of a flag lot exceeds its average depth and the longer dimension is considered the. depth, the front lot line will be the property line from which' the front yard is measured. (b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot lin , `~- `-~~`'~`'~~~ A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (1) The Community Development Director may assign or designate lot lines for irregular shaped parcels. ~, „ 15-06.445 Mixed Use Development. The development of a lot or building with two or more different land uses, such as residential, commercial, office or public. 15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06.360. 15-06.460 Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a .subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the- use regulations of the district in which it is located. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of -size, coverage, yard spaces, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located. (c) Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses.' (d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. (de) Nonconforming site means a site which was lawfully created in compliance with all. zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer ~~~~~~ .conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located. 15-06.470 Nursing home. "Nursing home" means a residential structure in which nursing, dietary and other personal. services are rendered to six or more convalescents, invalids or elderly persons residing at the facility~-ereat, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied by persons under treatment for alcoholism, drug abuse or any contagious disease. 15-06.480 Office. (a) Professional office means a use providing professional or consulting services. (b) Administrative office means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise. (c) Medical-office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of medical and healing arts for humans. 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan. 15-06.487 Parking Districf "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties. 15-06.490 Parking facility. "Parking facility" means an area on a site or within a building, or both, used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. "Perennial stream" means a .watercourse of persisting water flow throughout the year.. 15-06.500 Repealed.- (Ordinance 71.66, adopted September 6, 1989.) Q~~~~~ ~~ L-J 15-06.516 .Quasi-Public Use. "Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or charitable .institution, having the primary purpose of serving the general ,public and providing educational, cultural, recreational, religious, or similar types of programs. 15-06.520 Property line. "Property line" means lot line, as defined in Section 5-06.4.30. 15-06.525 Protected creek. "Protected creek" -means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time. 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used primarily for athletic activities, other than swimming pools; and including, but not limited to, courts for tennis, racquetball, paddle ball, squash:, basketball, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other- activities incidental. thereto. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes. prima facie evidence that such use is a religious institution. 15-06.550 Restaurant. "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for -sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room. . 15-06.557 Restriction. "Restriction" means a limitation on property that may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily • intended for consumer or household use. ~~~~1~ (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having. more than seventy-five percent of the gross floor area used for display, sales and -- related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which .uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. 15-06.570 Right-of-way. "Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, .and includes all and any part of the entire .width or other area of a .designated right-of-way, whether or not such entire width or ,area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements. (a) Public right-of-way means aright-of-way-owned by the City or any other public entity or public utility. (b) Private right-of-way means aright-of-way owned by and for the benefit of one or more persons, including aright-of-way offered for dedication to the City or to any other public entity which has not been .accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity. (c) Railroad right-of-way means a strip of land on which railroad tracks, spur, tracks, sidings; switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities. 15-06.575 Repealed. « •„ 15-06.585 Service establishment. "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and any lot line. ~~~~~~ 15-06.590 Setback line. "Setback. line" means a line that is located at the required minimum distance from any lot line, which establishes area within which the principal structure, a fence or a wall greater than six (6) feet, and certain enclosed accessory structures listed in Section 15-$0.030(d) must be erected or placed. ~ , , •t~ 15-06.600 Shopping center. "Shopping center" means a group of five or more retail service establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. 15-06.565 Sight Triangle "Sight triangle" means a triangular-shaped portion of land established at street intersections pursuant to Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. 15-06.610 Sign. See' Section 15-30.020 in this Chapter for definition of sign, sign area,- sign height, sign program, illuminated sign, free standing sign, portable sign, identification sign, construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event sign and subdivision sign. 15-06.620 Site. "Site" means a lot, as defined in Section 15-06.420. (a) Gross site area means the total horizontal area included within the .property lines of a single site. (b) Net site area means that portion of gross site area remaining -after deducting therefrom the following: (1) Any portion of a site within the right-of-way of an existing public or private street, road or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or btri+d+~-site app~evei or a recorded subdivision ar~eef map, (3) The portion of a flag lot constituting the. access corridor lying between the front lot line and the frontage line of the corridor at the street. (4) Any. portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical .analysis approved by the. City Geologist. • • • ~~~~~~ r~ (c) Site frontage means the length of the front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot . line, at the midway points of the intersecting side lot lines. (e) Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot-line vvhere,there is no rear lot line. (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. 15-06.630 Slope. "Slope" means the average slope of the net site area determined by the following formula, and. rounded to the nearest whole percent: Average slope is .00229 / I x L = A Where: I =Contour intervals in feet (at intervals of not more than five feet.) L =Combined length of contour lines in feet A =Net site area expressed in acres 15-06.640 Stable. S "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (a) Boarding stable means any stable or corral where horses are lodged or -fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for horses . owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, owned and. used solely by residents and guests of a particular area, for the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to'the public and no horses are offered to the public for remuneration, hire or sale. 15-06:650 Storage. (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection with such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the term include any area generally accessible to persons other than the occupant who may lawfully come upon the premises. (b) "Off-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property ®~~~.`~ which is not owned by the occupant of the site or structure. 15-06.655 Sto , "Story" means that portion- of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor. and the ceiling or roof next above. Basements are excluded from being considered a stbry. 15-06.660 Street. mere-situ "Street" means an existing permanent public or private right-of-way, which is used as the principal means of access to abutting properties.' (a) Public street means a street owned. and maintained by -the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County or the State. (b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners. to use such .street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. See Section 15-06.250. 15-06.670 Structure. "Structure" means that which is built. or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence ~~~~" ~ ~-~~' ~~ " t"TTI,G not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a detached structure, the use of which is subordinate and incidental to, and customarily associated with, the main structure or the principal use of the site, and which is located on the same site as the main structure or principal use. The term includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors,- sheds. ; a~ 15-06.680 Subdivision Ordinance. "Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 of this Code. 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and hot tub. t • Q~~~~B • 15-06.700 Use. "Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a structure. (a) Principal use means a use, which fulfills a primary function of a household, establishment, institution or other entity, or the primary function of a site or structure. (b) Accessory use means a use, which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use. (c) Permitted use means a use listed by the regulations of any particular district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes, objectives and regulations established by this Chapter. (d) Conditional use means a use listed by the, regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit- and to all other purposes, objectives and regulations established by this Chapter. (e) Change of use means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where 'the previous nature of the use, line of business, or other function is substantially unchanged. 15-06.702 Variance "Variance" means permission to depart from the literal requirements of this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of non-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. Specific findings of fact must be made by the Planning Commission to grant this permission, see section 15-70 of this code. 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes in regulation. 15-06.710 Village. "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2. 15-06.715 Watercourse. "Watercourse" means the elongated channel or depression whether natural or manmade, in. which water does or may flow and may include the overflow area, if any, of such channel or depression. 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a Q~~~~.~ specified distance, open and unobstructed except for the uses and structures .otherwise. permitted~llaw the regulations of this Chapter: (a) Yard measurement. Required yards shall be measured as the minimum horizontal distance from the lot line to a line parallel thereto on the site, except in the following cases: (1) Where a street line a~-p+afl-fir-e is located within the site, the required yard shall be measured from such street e~4at~e instead of the lot line. (2) On a site, which is not rectangular or approximately rectangular in shape, required yards shall be measured in such manner as determined by the Pta~flt~ Community Development Director or as prescribed by the Planning Commission. (b) Front yard means a yard measured into a lot from the front lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the front lot line. (c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. (d) Side yard means a yard measured into a lot from a side lot line (or such other line as may r~ be applicable under subsection (a) of this Section), extending between the front-yard and the rear yard. An exterior side yard is a side yard measured from an exterior lot line or a street or plan line; an interior side yard is a side yard measured from an interior lot line. 15-06.740 Zoning Map "Zoning Map" means the map or maps- that are part of the zoning ordinance and delineate the boundaries of zone districts. STAFF RECOMMENDATION Adopt the attached Resolution recommending that the City Council amend the Definitions Section (15-06) of the Saratoga City Code. ATTACHMENTS 1. Resolution • ~~~~~2~ • Attachment 1 i~ ~~0~~2~. RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received an application to amend various sections of Article 15-06: Definitions; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which, time all interested parties were, given a full opportunity to be heard and to present evidence; and WHEREAS, information has been submitted that supports said application, and the following findings have been determined: ^ The proposed amendments is in accord with the objectives of the Saratoga General Plan in that Land Use Policy 5.0 states, The. City shall use the design review process to assure that new construction and major additions. thereto are compatible the site and the adjacent surroundings." ^ That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that said amendments implement sound planning techniques. ^ That the proposed amendments provide clarification and implement planning practices that protect neighborhood integrity. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the proposed amendments to various sections of Article 15-06: Defihitions as detailed. below. Section 2. That 15-06: Definitions is amended to read: DEFINITIONS 15-06.005 Application, of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context orthe-provision clearly requires otherwise. 15-06.010 Abandon. "Abandon" means to cease or discontinue a use or activity. without intent to resume,. but excluding temporary or short-term interruptions to a use or activity during periods. of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of i „, ~~~~22 discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. 15-06.011 Abatement. "Abatement" means the act of eliminating the condition that causes a nuisance. 15-06.020 Abutting. "Abutting," means having property lines or district lines in common. 15-06.021 Access. "Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. 15-06.022 Accessory Structure. "Accessory Structure" means a structure detached from the -main structure on the lot and incidental and subordinate to the main structure or use, but not including Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use. 15-06.024 Acre. "Acre" means a measure of land area containing 43,560 square feet. 15-06.030 Addition. "Addition" means any construction, which increases the size of a structure in terms of site coverage, height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation. 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in relative position of structures on a site, or substantial. change in the exterior appearance of any structure. • Q~~~~~ 15-06.051 Apartment Unit "Apartment Unit" means an independent, self-contained dwelling unit with one or more rooms with private bath and kitchen facilities in a building containing three or .more such dwelling units. 15-06.052 Applicant "Applicant" means a person submitting an application for development. Where the Applicant is not the owner of the lot that is the subject of the application for development the, Applicant shall provide the approving authority with evidence that the application for development is authorized by the owner. 15-06.053 Application for Development « ,. Application for Development means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes. 15-06.060 Approving authority. "Approving authority" means the legislative body, commission, committee or official of the City designated under the provisions of this Chapter as having the authority to approve or deny a particular type of application. 15-06.061 Appurtenances "Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buildings, such as; chimneys, flag poles, cupolas, spires, or antennas. 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or element of a building, structure, or site. 15-06.062 Architectural Style "Architectyral Style" means the characteristic form and detail of buildings of a particular historic architectural context or period. 15-06.070 Attached. "Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling. 15-06.080 Attic "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. QrL~~~~Gs'3 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty- two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. ,This requirement applies to all lots, with the exception of hillside lots: On hillside lots; as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above. such space is more than forty-two inches above .grade shall be counted as floor area and considered a story: The number of stories measured vertically. at any given. point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1 b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade-for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make-the determination for sites where it is unclear as to which is the natural and which is the finished grade.. Basements are subject to the requirements of Section 15-80.035: 15-06.100 Bed and breakfast establishment. "Bed and breakfast establishment" means a structure designed as asingle-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on the premises. 15-06.105 Below Market Rate Dwelling. Unit. "Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined, in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in .Health and Safety Code sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad .rights-of-way, waterways or unsubdivided land. 15-06.120 Building. "Building" .means ,any structure- used or intended for supporting or sheltering any use or occupancy. • ~t~~~~s 15-06.122 Building, Main. "Building, main" means a building in which is conducted the principal use of the- parcel and/or building site on which it is situated. 15-06.125 Building site. "Building site" means a lot, occupied or to be occupied by a main building and adcessory buildings, or by a dwelling and its accessory buildings, together with such open spaces as-are required by the terms of this chapter and having its principal frontage on a street, road, or highway. ~~ 15-06.130 Cabana. "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pool. 15-06.140 Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients. 15-06.160 Community facility. "Community facility" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community view sheds" means any views, which are visible from an area, which has scenic value for the community. 15-06.170 Corral. "Corral" means an area enclosed by fencing for the keeping of horses or other livestock. I ~. ~~~~~~ 15-06.180 Covered parking. . "Covered parking" means a .garage or carport that provides full. overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space. 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top,of which shall be the topographic line roughly .parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, City or Santa Clara Valley Water District shall determine the top of such banks. 15-06.190 Day care facility. "Day care facility" means the use of a site or portion of a site for a group day care program for eight or more persons other than those resident on the site. The term includes nursery school, preschool and similar facilities. 15-06.200 Detached. "Detached" means a building or structure, which is not attached to any other building or structure. 15-06.204 Development. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of .land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is .brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. 15-06.210 District. "District" means a portion of the City within which certain uses of land and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other. open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." • ~~~~~~ 15-06.220 Drive-through service. "Drive-through service".means a feature or characteristic of a use involving the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windows. 15-06.230 Driveway. "Driveway" means a private roadway servicing up to four parcels, the use of which is limited to persons residing or working on the site and their visitors, which provides access to off-street parking or loading spaces on the site. 15-06.240 Dwelling. "Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units; occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, asingle-family dwelling and a lawful second unit dwelling located upon the same site shall not be deemed amulti-family dwelling. (d) Second unit dwelling means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately-from the primary dwelling, but may be rented. 15-06.250 Emergency access. "Emergency, access" means a street, which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency: 15-06.255 Equestrian zone "Equestrian zone" means an area of the City where horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and- minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. . • ~~~~~8 15-06.260 Family. "Family" means an individual or two or more persons occupying a dwelling unit and' living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to include necessary household servants. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing-home, or institution of any kind. 1.5-06.261 Fence. "Fence" shall mean any structural device, other than a wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic or other similar materials. 15-06.270 Financial institution. "Financial institution" means a bank, savings and loan association, credit union, thrift association or similar organization. 15-06.280 Floor area. Floor area means the total. habitable and/or accessible floor space under roof of all floors of a r. building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an interior height of five feet or greater, porches, verandas and similar building elements with a solid roof and enclosed on three or -more sides, garages and enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height. is less than five feet. The term "interior courts" as used in this section means an area within the structure enclosed on all sides. Floor area does not include basements, exterior roof overhangs, exterior unenclosed balconies, inaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with three or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then any of such property lines may be deemed the frontage. ~~~~~9 15-06.295 Game arcade. "Game arcade" means an establishment having more than three coin or token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site. 15-06.300 Garage. "Garage" means an accessory structure or a portion of a main structure that has a permanent roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles. 15-06.310 Gasoline service station. "Gasoline service station" means a place where gasoline, oil, tires, small parts. and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and includes, for the purposes of this Chapter, any specific plan applicable to the site. 15-06.325 Geotechnical clearance. "Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site; (b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. • ~~~~34 . 15-06.330 Guesf house. . "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. 15-06.340 Height of Buildings "Height of Building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless otherwise specified. in this chapter. The Community Development Director, through the use of the best available information, shall determine natural grade. 15-06.341- Height of Fences, walls and hedges "Height of fences, walls and hedges" means a vertical line from the highest point of the fence, wall or hedge to a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the fence shall- be the vertical distance measured from the top of the fence to the bottom of the retaining wall in the manner prescribed herein. 15-06.350 Home occupation. • "Home-occupation" means any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products in .a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with the provisions of this Code.- 15-06.360 Hotel. "Hotel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. 15-06.3701mpervious surface. "Impervious surface" means any structure or hard surface which substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrete. • ~.~~~3~: 15-06.380 Institutional facility. "Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential, or health care services to the community at large. The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or .colleges. Its use does not involve direct on-site sales of products or personal services. ' 15-06.385 Intermittent stream. "Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons 15-06.390 Keeping; keeping for private use. (a) Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two-hours is being kept, :within the meaning of this definition, by the owner or other occupant of the site. (b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale. ~ • 15-06.400 Kitchen. "Kitchen" means a room designed, intended or used for the cooking and preparation of food. 15-06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the Lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area on the .site may include loading berths, aisles,- access driveways, turning and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter. . . Q~~~3~ 15-06.420 Lot. "Lot" means a parcel of land consisting of a single lot of record. (a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described' by metes and bounds or shown on a parcel map which has been so recorded. (b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines ..drawn from the intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty- five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five degrees or less. (c) Interior lot means a lot other than a corner lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the requirements of this Chapter for site width. The length of a corridor access-shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. , (f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern, southern, eastern or western directions. (g) Reversed corner lot means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets. • 15-06.430 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the. lot line abutting a street, or, on a corner lot the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front yard is measured. (b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot line. A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (f) The Community Development Director may assign or designate lot lines for irregular shaped parcels. 15-06.440 Repealed. • ~~~~~~. 15-06.445 Mixed Use Development. 'th two or more different land uses such as residential, The development of a lot or building wi , commercial, office or public. 15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06.360. 15-06.460 Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or site, or both; .which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no .longer conforms with the standards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located: (c) Nonconforming facility means a structure or site, which- conforms with the regulations of this Chapter but is used or occupied. by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. • (e) Nonconforming site means a site which was lawfully created in compliance with all zoning - and subdivision regulations then. applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located. 15-06.470 Nursing home. "Nursing home" means a residential structure in which nursing, dietary and other personal services are rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied by persons under. treatment for alcoholism, drug abuse or any contagious disease. 15-06.480 Office. (a) Professional office means a use providing professional or consulting services: (b) Administrative office means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise. (c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of medical . and healing arts for humans. ~~~~~~ 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan. 15-06.487 Parking District "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties. 15-06.490 Parking facility. "Parking facility" means an area on a site or within a building, or both, used or intended for use for .parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. "Perennial stream" means a watercourse of persisting water flow throughout the year. 15-06.500 Repealed. 15-06.510 Repealed. 15-06.516 Quasi-Public Use. "Quasi-Public use" .means a use owned or operated by a nonprofit, religious, medical or charitable institution, having the primary purpose of serving the general public and providing educational, cultural, recreational, religious, or similar types of programs. 15-06.520 Property line. "Property line" means lot line, as defined in Section 5-06.430. • ~~~~~'S 15-06.525 Protected creek. "Protected creek" means any creek identified in the most recently available -Maps. of Flood Control Facilities and Limits. of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time. 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used primarily for athletic activities, other than swimming pools; and including, but not limited to, courts for tennis, racquetball; paddle ball, squash, basketball, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto: A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the State Constitution and .Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such use is a religious institution. 15-06.550 Restaurant. "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on 'the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern; bar, soda fountain or dining room. 15-06.557 Restriction. "Restriction" means a limitation on property that may be created in a property deed; lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the gross floor area used for display, sales and related- storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, .and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. ~Q~~~s • 15-06.570 Right-of-way. "Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all and. any part of the entire width or other. area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, ,alley, pedestrian, equestrian or utility. purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements. (a) Public right-of-way means aright-of-way owned by the City or any other public entity or public utility. (b) Private right-of-way means aright-of-way owned by and for the benefit of one or more persons, including aright-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity: (c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities. 15-06.575 Repealed. • 15-06.580-Repealed. 15-06.585 Service establishment. "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects. and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and any lot line. 15-06.590 Setback-line. "Setback line" means a line that is located at the required minimum distance from any lot line, which establishes area within which the principal structure, a fence or a wall greater than six (6) feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected or placed. • ~~'~~~~ 15-06.600 Shopping center. "Shopping center" means a group of five or more retail service establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. 15-06.565 Sight Triangle "Sight triangle" means atriangular-shaped portion of land established at street intersections pursuant to Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. 15-06.610 Sign. See Section 15-30.020 in this Chapter for definition of sign, sign area, sign height, sign program, illuminated sign, free standing sign, portable sign, identification sign, construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event sign and subdivision sign. 15-06.620 Site. "Site" means a lot, as defined in Section 15-06.420. (a) Gross site area means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (1) Any portion of a site within the right-of-way of an existing public or private street, road or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map. (3) The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street. (4) Any portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist. (c) Site frontage means the length of the front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines. (e) Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. ~Q~~~~ 15-06.630 Slope. "Slope" means the. average slope of the. net site area determined by the following. formula, and rounded to the nearest whole percent: Average slope is .00229/ I x L = A Where: I =Contour intervals in feet (at intervals of not more than five feet.) , L =Combined length of contour lines in feet A =Net site area expressed in acres 15-06.640 Stable. "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (a) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for horses owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, .owned 'and used solely by residents and guests of a particular area, for the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. 15-06.650 Storage. (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection with such occupant's use of -the ,. premises. Storage does not include any area. where merchandise offered for sale is on display or where retail services are otherwise being rendered, .nor does the term include any area generally accessible to persons other than the occupant who may lawfully come upon the premises. (b) "Off-site storage" means the use of a .site or structure; or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of the site or structure. , 15-06.655 Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story. • ~~~~39 15-06_.660 Street. "Street" means an existing permanent public or private right-of-way, which is-used as the principal means of access to abutting properties. (a) Public street means a street owned and maintained by the City, the County or the State, including streets offered for dedication; which have been regularly maintained or improved by the City, the County or the State. ' (b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners to use such street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. See Section 15-06.250. 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together, in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding :six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a detached structure, the use of which is subordinate and incidental to, and customarily associated with, the main structure or the principal use of the site, and which is located on the same site as the main structure or principal use. The term includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. 15-06.680 Subdivision Ordinance. "Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 of this Code. 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at-any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and hot tub. 15-06.700 Use. "Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a structure. (a) Principal use means a use, which fulfills a primary function of a household, establishment, institution or other entity, or the primary function of a site or structure. (b) Accessory use means a use, which is subordinate and incidental to, and customarily associated with, a specified principal use., and which is conducted on the same site as the principal use. ~ ~~~~~~ (c) Permitted use means a use listed by the regulations of any particular district as a permitted use within that district, and generally permitted therein- as a matter of right when conducted. in accord with the purposes, objectives and regulations established by this Chapter. (d) Conditional use means a use listed by the regulations of any particular district as ~a , conditional use within- that district, and allowable therein solely on a discretionary- and conditional basis, subject to the issuance of a conditional use permit and to all other purposes, objectives and regulations established by this Chapter. (e) Change of use means the replacement of an existing use by a-new use, or a change in the. nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged. 15-06.702 Variance "Variance" means permission to depart from the literal requirements of this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of non-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. Specific findings of fact must be made by the Planning Commission to .grant this permission, see section 15-70 of this code. 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes in. regulation. 15-06.710 Village. "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2. 15-06.715 Watercourse. "Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may flow and may include the overflow area, if any, of such channel or depression. 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a specified distance, open and unobstructed except .for the- uses and structures otherwise permitted the regulations of this Chapter (a) Yard measurement. Required yards shall be measured as the minimum horizontal distance from the lot line to a line parallel thereto on the site, except in the following cases: • (1) Where a street line is located within the site, the required yard shall be measured from such street instead of the lot line. (~~~~~~. i- F (2) On a site, which is not rectangular or approximately rectangular in shape, required yards shall be measured in such manner as determined by the Community Development Director or as prescribed by the Planning Commission. (b) Front yard means a yard measured into a lot from the front lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between.. the side lot lines intersecting the front lot line. (c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot 'depth to a line parallel to the front lot line. (d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be applicable under subsection (a) of this Section), extending between the front yard and the rear yard. An exterior side yard is a side yard measured from an exterior lot line or a street or plan line; an interior side yard is a side yard measured from an interior lot line. 15-06.740 Zoning Map "Zoning Map" means the map or maps that are part of the zoning ordinance and delineate the boundaries of zone districts. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on September 10, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission ~~~~~w ' MINUTES SARATOGA CITY COUNCIL AUGUST 6, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:15 p.m. Public Employee Performance Evaluation (Gov't Code 54957) . Title: City Manager Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Frances Carpenter Agency claimed against: City of Saratoga Conference with Legal Counsel -Initiation of litigation (Gov't Code section 54956.9(c): (2 potential cases). Conference .With Leal Counsel- Existing Litigation Name of case:. Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken.. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst • REPORT OF CITY. CLERK ON POSTING OF AGENDA FOR AUGUST 6, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 6, 2003 was properly posted on July 31, 2003. • COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Wanda Kownacki, 19280 Bainter Avenue, Los Gatos, thanked the City Council for their support and City Staff for their assistance regarding the successful annexation on Redberry Drive. Ms. Kownacki urged the Council to continue to protect the Hillsides.. COMMUNICATIONS FROM COMMISSIONS Sandra Dodge, Parks and Recreation Commission/Chair read a memo prepared by the Trails Subcommittee. Chair Dodge noted that the memo was in regards to the possibility of the Subcommittee evaluating the feasibility of creating a trail linkage between San Marcos Road and Crisp Avenue through the Saratoga Retirement Community Open Space Area. The purpose of the trail would be to link San Marcos Road with the Crisp Avenue trail and the City-owned San Marcos Open Space. In order to explore the feasibility of this proposal, the PRC was requesting authorization from City Council to proceed with efforts to acquire a trail through the property. Chair Dodge stated that if City Council authorizes efforts to acquire this trail, -,the next step would be to prepare a proposal to submit to the Saratoga Retirement Community Board. The Board would need to approve any additional efforts in this process. Chair Dodge stated that at this time, the Parks and Recreation Commission was requesting direction from City Council on pursuing the matter of trail acquisition through Saratoga Retirement Community. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested that the Parks and Recreation Commission's request be agendized for the next meeting. Consensus of the Council to support Vice Mayor Waltonsmith's request. Councilmember King expressed her gratitude that Ms. Kownacki took the time to attend tonight's meeting to thank everyone. • 2 ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATIONS FOR SHERIFF DEPUTY JENSEN, SHERIFF DEPUTY WYMAN, AND GEORGE & MARY LOU FARACO STAFF RECOMMENDATION: Present commendations. Mayor Streit read the commendations and presented them to Sheriff Deputy Jensen, Sheriff Deputy Wyman, and George & Mary Lou Faraco. ' ~~ 1B. ASSEMBLYMEMBER COHN - SARATOGA LIBRARY COMMENDATION STAFF RECOMMENDATION: Receive commendation. Jeremy Nishihara, Field Representative, representing Assemblymember Rebecca Cohn for the 24th District, read excerpts of the Congressional Resolution presented to the City Council for the new Saratoga Library. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -JUNE 18, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JUNE 18, 2003. MOTION PASSED 5-0. 2B. CITY COUNCIL MINUTES -JULY 2, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Kline requested that item 2B be removed from the Consent Calendar. Councilmember Kline noted that he was not present at this meeting and would abstain from the vote. Vice Mayor Waltonsmith noted that she was also absent. 3 BOGOSIAN/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 2, 2003. MOTION PASSED 3-0-2 WITH KLINE AND WALTONSMITH ABSTAINING. 2C. CITY COUNCIL MINUTES -JULY 16, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2C be removed from the Consent Calendar. Councilmember Bogosian noted that he was not present at this meeting and would abstain from the vote. Councilmember Bogosian also requested that the City Clerk change the votes on the items to reflect his absence. The vote should read as follows 4-0-1. WALTONSMITH/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 16, 2003 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING: 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2E. PLANNING ACTION MINUTES -JULY 23, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR JULY 23, 2003. MOTION PASSED 5-0. 2F. SECOND READING AND ADOPTION OF AMENDMENTS TO THE CITY CODE REGARDING VARIOUS SECTIONS OF THE R-1 ZONING (SECTION 15-12), DESIGN REVIEW FOR SINGLE. FAMILY DWELLINGS (SECTION 15-45) AND THE SUBDIVISION (CHAPTER 14) STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 221 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-1 DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA 4 Two members from the public requested that item 2F be removed from the Consent Calendar. Elizabeth Lara requested that the proposed ordinance be removed from discussion. Ms. Lara stated that she feels residents do not have enough notification in regards to approving building construction and remodeling. Ms. Lara requested that the City properly notify and allow residents the ability to appeal and request changes. Ms. Lara also stated the City should also allow neighbors to be more. actively involved in the process. ' Councilmember King asked for more specific information about her concerns. Ms. Lara responded that specifically her issues are that residents need to be properly notified about remodels and demolitions, and-that the process of the wording on the notices. Ms. Lara stated that the notices she has received in the past have been ambiguous and unclear. Tom Corson stated that his concerns where the same as expressed by Ms. Lara. Mr. Corson presented three separate notices. Mr. Corson presented the Council with three different notices he has received from the City. Mr. Corson explained that two of the notices were written correctly and the other one needed improvements.. Directing her inquiry to Director Sullivan, Vice Mayor Waltonsmith asked if the proposed ordinance, addresses some of the speakers' concerns. Director Sullivan responded that the proposed ordinance amendments before Council this evening address some of their concerns. Also, Director Sullivan stated that he is constantly updating the various forms used by the Community Development Department. Councilmember King asked if Council. could review the forms the Community Development Department currently uses. Director Sullivan responded that he would forward all of the forms to Council. BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-1 DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA. MOTION PASSED 5-0. 2G. PROPERTY TAX LEVY TO SERVICE THE DEBT ON THE LIBRARY BONDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-050 RESOLUTION OF THE CITY COUNCIL APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2003-04 WALTONSMITH/KING MOVED TO ADOPT RESOLUTION APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE;LIBRARY GENERAL OBLIGATION' FOR FISCAL YEAR 200'3-04. MOTION PASSED 5-0. 2H. CLAIM OF FRANCES CARPENTER; CLAIM NO, GL-054842 STAFF RECOMMENDATION: Accept claim. WALTONSMITH/KING MOVED TO ACCEPT CLAIM OF FRANCES CARPENTER. MOTION PASSED 5-0. 2I. SERVICE CONTRACT -BLUE HILLS SCHOOL CROSSING GUARD STAFF RECOMMENDATION: Authorize execution of contract. WALTONSMITH/KING MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH ALL CITY MANAGEMENT SERVICES. MOTION PASSED 5-0. 2J. AGREEMENT WITH COUNTY OF SANTA CLARA TO RECEIVE COUNTY OES GRANT FUNDS STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Bogosian requested that item 2J be removed from the Consent Calendar. Councilmember Bogosian noted that this report indicated that there was going to be grant money that was going to be used to prepare an Emergency Plan written for the City by the County. Assistant City. Manager Tinfow responded that the City currently has an Emergency Plan, but it needs to be updated. Assistant City Manager Tinfow stated that the City has an arrangement with the County to allow Terry Gitlin to prepare the Plan for the City. In turn, Assistant City Manager Tinfow explained that the County asked if this grant be turned over to them in order to offset Mr. Gitlin's salary cost in updating the City's Emergency Plan. Councilmember Bogosian asked if other cities had the same arrangement with the County or are they developing Emergency Plans without the help of the County.- 6 Assistant City Manger Tinfow responded that she was not aware of any other city with a similar arrangement, but the City Manager might be able to answer the question. Councilmember Bogosian asked if the County had the expertise to prepare a complete comprehensive plan. Councilmember Bogosian asked if the County had the appropriate information to do a custom job for the City of Saratoga in order to function properly in an emergency situation. City Manager Anderson stated that when the City Manager's Office eliminated one position this year staff explained to the Council that one of the difficulties we were going to have was being able to cover emergency services/emergency preparedness. City Manager Anderson stated that staff talked to the Santa Clara County Fire Department and they agreed to help by providing the CERT program and emergency planning training. City Manager Anderson stated that these funds have been made available by the grant and part of the grant was to help supplement Mr. Gitlin's services. City Manager Anderson stated that Mr. Gitlin has attended several Public Safety Commission meetings and he finds him quite competent. City Manager Anderson pointed out that Mr. Gitlan requested that the City hold off with starting the process because FEMA is coming out with a new format in the fall and Mr. Gitlin did-not want the City to have to redo the Emergency Plan. • Councilmember Bogosian stated that his concern is the job scope and will it be a functioning plan. Councilmember Bogosian asked if the position in the City Manager's Office hadn't been cut would we be preparing our own Emergency Plan. City Manager Anderson stated the report probably would have been written in house although a consultant prepared the City's last plan. City Manager Anderson stated that the amount of discretion the City has in local emergency plans is very limited because FEMA and OES prescribe the level of the plan down to the smallest detail. The County will collect specific information and inserting it into a boiler plate. Councilmember Bogosian asked if every city's Emergency Plan would look the same.. City Manager Anderson responded yes, they all would look the same except for the specific information regarding the particular city. Councilmember Bogosian asked if the Council would have the opportunity to review the final Emergency Plan. City Manager Anderson responded that the Council will have the opportunity to review it and will eventually have to approve it. Councilmember Bogosian asked how long will the process take. City Manager Anderson responded that the process should take approximately 9 months to a year. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. 2K. NOTICE OF COMPLETION. - EL QUITO PARK IRRIGATION RENOVATION PROJECT. STAFF RECOMMENDATION: Accept Notice of Completion. WALTONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR EL QUITO PARK IRRIGATION PROJECT. MOTION PASSED 5-0. 2L. NOTICE OF COMPLETION - EL QUITO PARK VERTICAL BYPASS DRAINAGE PROJECT STAFF RECOMMENDAITON: Accept Notice of Completion. WALTONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR EL QUITO PARK VERTICAL BYPASS DRAINAGE PROJECT. MOTION PASSED 5-0. 2M. .NOTICE OF COMPLETION -CONGRESS SPRINGS PARK SAFETY NET EXTENSION PROJECT STAFF RECOMMENDATION: Accept Notice, of Completion. WALTONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR CONGRESS SPRINGS SAFETY NET EXTENTION PROJECT. MOTION PASSED 5-0. 2N. AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT - WATER QUALITY SAMPLING FOR SARATOGA CREEK AND OTHER CREEKS IN THE CITY OF SARATOGA STAFF RECOMMENDATION: Authorize execution of contract. WALTONSMITH/KINGMQVED TO AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. • 8 PUBLIC HEARINGS 3. HAZARDOUS VEGETATION ASSESSMENT REPORT 2003 • STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 03-051 RESOLUTION OF THE CITY COUNCIL CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION ASSESSMENT CHARGES Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that under State and local laws, local governments. routinely abate the seasonal fire hazards of hazardous vegetation and/or combustible debris on undeveloped property. For the County and several cities including Saratoga, this abatement program. is administered by the County. Fire Marshal's office. City Clerk Boyer explained that in many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. City Clerk Boyer explained that the City Council approved 117 parcels for inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 25 parcels were abated. by the County's contractor, which amounts to 79% voluntary compliance. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $34,506.91. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Mayor Streit opened the public hearing. No one requested to speak on this item. Mayor Streit closed the public hearing. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION CONFIRMING REPORT AND HAZARDOUS VEGETATION ASSESSMENT OF CHARGES. MOTION PASSED 5-0. 4. AMENDING PERS CONTRACT TO INCLUDE MILITARY SERVICE STAFF RECOMMENDATION: Conduct public hearing and adopt ordinance. Lorie Tinfow, Assistant City Manager, presented staff report. 9 Assistant City Manager Tinfow explained that at the July 18, 2003 City Council passed a resolution of intent to amend its contract with the Public Employees Retirement System (PERS) to include Section 21024 -Military Service Credit as Public Service. Assistant City Manager Tinfow stated that adopting the attached ordinance was, the next step in the process that would allow City employees to purchase credit for time served in the military. Assistant City Manager Tinfow stated that there is no cost to the City and would only benefit three employees. Mayor Streit opened the public hearing No one requested to speak on this item. Mayor Streit closed the public hearing. WALTONSMITH/KING MOVE TO INTRODUCE THE ORDINANCE; WAIVE THE FIRST READING; AND DIRECT STAFF TO BRING THE ORDINANCE BACK FOR ADOPTION ON SEPTEMBER 3, 2003. MOTION PASSED 5-0. OLD BUSINESS 5. .APPROVAL OF PLAYGROUND DESIGN FOR BROOKGLEN AND . WILDWOOD PARKS STAFF RECOMMENDATION: Approve designs. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that on December 18, 2002 City Council awarded a design contract for the Brookglen and Wildwood Park Improvement Projects to Design Focus of Saratoga. On May 21, 2003 Council reviewed the design proposals and directed staff to research safety and durability of the Net Play Equipment and other play equipment components included in the design of each park. Site visits were held during the months of June and July 2003 at area parks in Campbell and San Jose to review similar existing play equipment presently in use at these parks.- Councilmember Bogosian asked if equipment listed in the report has been used in other parks. Analyst Bloomquist responded that all the equipment has been used in parks outside Saratoga. Councilmember Waltonsmith asked if the Parks and Recreation Commission • approved the design. 10 Analyst Bloomquist responded yes. Mayor Streit commented that this design was a huge improvement over the first. proposed design. • Sandra Dodge, Parks and Recreation Commission/Chair, stated that the whole process was positive. The Neighborhood Task Force worked well and the Council's involvement was.greatly appreciated. Chair Dodge thanked Director Cherbone and Analyst Bloomquist for their hard work. .Councilmember Bogosian stated that he fully supported the water feature and the animals, but pointed out the he thinks the multi-spring seesaw could be hazardous. Councilmember Bogosian stated that a child could possibly get their limb's caught in the springs. For the record Councilmember Bogosian asked that this item be removed from the list completely and replaced with something else. Analyst Bloomquist stated that the seesaw meets all of the safety requirements. Analyst Bloomquist stated that he could ask the manufacturer if there was any way to mitigate Councilmember Bogosian's concerns. Councilmember Bogosian asked if the company would hold harmless the City for this piece of equipment. Analyst Bloomquist responded that he would ask. Councilmember King stated that the seesaw was one of her children's favorite pieces of equipment to play on. Vice Mayor Waltonsmith suggested that the Council approve the design tonight without the seesaw and allow staff to contact the manufacture. Councilmember Bogosian noted that he concurred with Vice Mayor Waltonsmith. Councilmember Kline noted that if the seesaw met the safety standards then the Council should move forward and not hold this project up any longer. WALTONSMITH/KL1NE MOVED TO APPROVE PLAYGROUND DESIGN FOR BROOKGLEN AND WILDWOOD PARKS IN THE AMOUNT $105,672.00 WITH THE PRIVISO THAT COUNCIL RECEIVE A COMPLETE REVIEW AND EVALUATION OF THE SAFETY AND SAFETY RECORD OF THE MULTI-SPRING SEESAW AND DIRECT STAFF TO REPORT BACK TO COUNCIL IN SEPTEMBER. MOTION PASSED 5-0. Councilmember Bogosian noted that as elected officials it is the Council's responsibility to make sure that our parks are safe for the citizens of Saratoga. 6. CELEBRATE SARATOGA -PRINCIPLES OF COOPERATION STAFF RECOMMENDATION: Approve the agreement; authorize the Mayor to execute agreement on behalf of the City. 11 Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the report before Council this evening was a result of the City Council's Chamber Ad-Hoc Committee. The Committee has . been working on a Celebrate Saratoga agreement between the City and the Chamber of Commerce for several months. City Manager Anderson noted that the proposed agreement memorializes the respective responsibilities of the City and the Chamber. City Manager Anderson explained that the agreement calls for the City to meet with the Chamber early in the year to initiate planning for the event and to assist with permitting and insurance for the event. During the event the City provides barricades and staffing for the street closures, and "no parking" signs in adjacent neighborhoods to keep fire lanes open. City Manager Anderson stated that after the event, the City provides assistance with the cleanup by blowing trash into the street and making several passes with a street sweeper. The Chamber, City Manager Anderson explained, is responsible as the primary event sponsor, for organizing and staffing the event, for submitting all permits in a timely fashion, and notifying all businesses affected by the event. During the event, the Chamber will provide for event security, shuttle buses from remote parking lots, restroom facilities, and will empty trash containers as they fill up. After the event, the Chamber is responsible for final cleanup of the streets and sidewalks. City Manager Anderson noted that the City's in-kind support to the Chamber for this event amounts to approximately $10,531 per year. Councilmember Bogosian stated that he fully supports the proposed agreement because it clearly describes everyone's responsibilities. Councilmember Kline noted that within a year the relationship between the City and the Chamber has taken a turn for the best. Councilmember Kline noted that in the future we would see innovative ways to promote Saratoga's businesses. Vice Mayor Waltonsmith thanked City Manager Anderson, Councilmember- Kline and Councilmember King for working with the Chamber to develop this agreement. WALTONSMITH/KING MOVEDTO APPROVE THE AGREEMENT WITH THE CHAMABER OF COMMERCE AND AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT ON BEHALF OF THE CITY. MOTION PASSED 5-0. NEW BUSINESS 7. ARGONAUT SCHOOL TRAFFIC IMPROVEMENT PLAN AND MV RESOLUTION STAFF RECOMMENDATION: Accept plan and adopt resolution. 12 TITLE OF RESOLUTION: MV-242 RESOLUTION RESTRICTING PARKING AND TURNS ON PORTIONS OF SHADOW MOUNTAIN DRIVE Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that tonight she was asking that Council accept the Argonaut School Traffic Improvement Plan and adopt the Motor , Vehicle resolution necessary to implement the Plan. Also, Assistant City Manager stated that she passed out an email staff received from one of the property owners that staff attempted to contact to find out how they felt about the proposed red curb in front of their house Assistant City Manager Tinfow stated that last year the Argonaut School Principal contacted staff and said that in previous years the City had helped to control school traffic by providing temporary sawhorses and temporary signage. Assistant City Manager Tinfow noted that apparently during the school construction in 2001-02 the materials supplied by the City disappeared. Later in the 2002-03 school year the Principal requested that the City make the changes permanent. The Public Safety Commission determined that`because of the relatively minor nature of the changes and the history of the temporary measures working successfully, a full resident and parent involvement process was not needed. Assistant City Manager Tinfow explained that the proposed changes would result in a number of safety and traffic flow improvements including reducing confusion and congestion at the entrance of the parent parking/queuing lot; restricting parking along the entire east curb to both reduce congestion and improve visibility of cars moving toward the designated parking/queuing location;. improve flow and safety to staff vehicles moving out of their parking area; improving visibility at crosswalks. Assistant City Manager Tinfow explained the elements of Argonaut School Traffic Improvement Plan. In regards to the email Council received this evening from the property owner of 20076 Ljepava Drive, Vice Mayor Waltonsmith asked if they supported or opposed the red curd. Assistant City Manager Tinfow responded that the property owner agreed, but on the condition that if it had adverse affects on their property the City would remove the paint. Technically the City doesn't have to have the property owner's permission to paint the curb, although staff was trying to work with them. Assistant City Manager Tinfow stated that 25-feet of red curb would not scientifically restrict the property owners on street parking. Mayor Streit stated that four years ago the City had to threaten to sue Saratoga School District, unless they addressed traffic issues. Mayor Streit stated that today schools are approaching the City for help. Mayor Streit thanked Assistant City 13 Manager Tinfow and Public Safety Commissioner Bridgette Ballingal for the great work they both have done working with the schools. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION AND APPROVE THE ARGONAUT SCHOOL TRAFFIC IMPROVEMENT PLAN: MOTION PASSED 5-0. Councilmember King suggested that staff send a letter to the Principal of Argonaut ' School thanking her for cooperating with the City. , 8. DEVELOPMENT OF PROCESS TO BE USED FOR PUBLIC DISCUSSION OF CITY OWNED PROPERTIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report City Manager Anderson explained that this item stemmed from the discussion of the disposition of the North Campus on the Council's June 18th agenda. Council .requested that staff bring back a report containing process options for reviewing all City owned properties and facilities. City Manager Anderson described three options for the formation of a committee: 1. Committee of the Whole 2. Council Ad-Hoc Committee 3. Blue Ribbon Commission City Manager Anderson described three methods of appointment: 1. Mayor appoints representatives with input other Councilmembers 2. Councilmembers make appointments jointly 3. Each Councilmember appoints a member or members of the committee/commission City Manager Anderson described several process alternatives from Town Hall meetings to surveys. City Manager Anderson noted that once Council has determined the form of committee/commission, appointed its membership and determined the desired public input approach, staff is prepared to support the effort. City Manager Anderson noted that City staff is preparing a detailed inventory of each City property and facility using GIS maps, site drawings and relevant master plans. Vic Monia stated that he doesn't have a particular process he supports, but urged the Council to go forward. Mr. Monia stated that the community should come together and talk about what they want Saratoga to look like in the future. Councilmember King noted that she feels Mr. Monia brought up two different issues: 1. What we can do with the assets we have now 2. Look at the vision of the City for the future. • • 14 Vice Mayor Waltonsmith stated that the Council should declare a purpose before _ moving forward. Vice Mayor Waltonsmith questioned the approach on whether or not the Council is looking at what we can do with the present budget or talking about the possibilities of looking into the future. Vice Mayor Waltonsmith explained that she thinks the Council should ask staff to evaluate all City owned properties, facilities, and assets including their present usage and potential usage. Vice Mayor Waltonsmith-noted that street maintenance and vehicle repair should also be included. Next, the City Council should determine the necessary actions to bring these assets up to desired use and determine the costs of renovations upgrades and repairs. Vice Mayor Waltonsmith stated that this would allow the Council to determine which of those actions and costs could be maintained by the City's normal budget and which could not. Vice Mayor Waltonsmith stated that this would be the appropriate time to see what type of other funding mechanisms the community would support or continue to do things the same way. Councilmember Kline noted that he concurred with Vice Mayor Waltonsmith that an inventory list would help. Councilmember Kline stated that the real issue is prioritizing with a limited budget. Councilmember Kline noted that the process must be a public process. Councilmember Kline stated that a Committee as a Whole would be the best approach. Councilmember Bogosian stated that he agreed that the process must include the community but added that it is difficult to get the public involved. Councilmember Bogosian stated that forming a blue ribbon commission would help bring the public into the process. Vice Ma or Waltonsmith Council suggested that the City should send out several Y notices to the community inviting them to attend a public forum. Due to the current economy, Councilmember King explained that when the value of people's property is in question they may want to participate in the discussions of the future of the City. Councilmember Kline suggested that the process could start as a Committee of a Whole. Councilmember Kline explained that the inventory list could then be split into separate subcommittees, examined and then brought back to the whole committee for discussion. Mayor Streit noted that he agrees that citizens must be involved in the process. Mayor Streit stated that he thinks that if the City Council develops the process and drives the subcommittees, the results would positive. Councilmember Bogosian noted that the Council should be careful to balance the committees so they are not focused on specific issues. If we are looking at a vision of Saratoga 10-20 years out, Councilmember King suggested that staff create a "wish list" of what we would like overall for the City if money was not an issue. 15 Consensus of the City Council is to direct staff to: 1. Set a date for. a public forum to present a comprehensive property inventory list 2. Advertise the meeting inviting every citizen of Saratoga to participate. 9. REPORT, DISCUSSION AND DIRECTION TO STAFF REGARDING URBAN SERVICE BOUNDARY ADJUSTMENTS IN THE GENERAL AREA OF HAKONE GARDENS STAFF. RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained the process to amend the City's Urban Service Boundary in regards to the Britton property near Hakone Gardens. This property is beyond the City's Urban Service Boundary but is contiguous to both the. existing City limit Line and Hakone Gardens. Director Sullivan noted that this property is currently on the market and is being offered at $3 million. Director Sullivan noted that LAFCo would only process one adjustment to the Urban Service Boundary annually. The City's General Plan Land Use Map designates this area as Residential Very Low Density (RVLD), which allows up to 1.09 dwellings per net acre. Director Sullivan stated that staff was present this evening to seek direction from Council on this issue. Director Sullivan noted that the fiscal impacts to the City would be the initial $5,500 deposit plus the actual cost to process the application. Consensus of the City Council was, to direct staff to proceed with the application to include the Britton and English property within the City's Urban Service Boundary. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following information - Heritage Preservation Commission -attended the joint meeting with the Planning Commission. Mayor Streit noted that the two groups were very enthusiastic, talked about Saratoga's history, and Director Sullivan gave a great presentation. Vice Mayor Waltonsmith reported the following information - Parks and Recreation Commission -attended their meeting on Monday night. City Planner Ann Welsh discussed and presented the 1St draft of the Trails Master Plan.-The PRC also formed three new task forces -Dog Park Feasibility Task Force, Commissioner Handbook Task Force, and Planning Task Force VTA Restroom Ad-Hoc Committee -design recently went out to bid. Councilmember King noted that she had no information to report. Councilmember Kline reported the following information - Gateway Task Force -.noted that the first meeting was very productive. 16 Library Commission -noted that Marcia Manzo was no longer the Chair and requested she be presented with a commendation. Councilmember Bogosian reported the following information - Norton Road Fire Access Ad-Hoc Committee- recommendations would soon be coming back to the City Council for discussion. CITY COUNCIL ITEMS Referring to a letter received from-the Women League of Voters, Councilmember Bogosian stated that the League has requested that the Council consider adopting a resolution in regards to the USA Patriot Act and the Protection of Civil Rights and Liberties. Councilmember Kline noted that he supported Councilmember Bogosian's request. Vice Mayor Waltonsmith noted that the Santa Clara Valley Water District approved the re-opening of the Gardiner Park Trail yesterday. Vice Mayor Waltonsmith announced that Hakone Gardens was looking for docents. Vice Mayor Waltonsmith stated that if anyone was interested in becoming a docent check out Hakone's website. Vice Mayor Waltonsmith noted that Saratoga Area Senior Coordinating Council (SASCC) recently hired a new Director and suggested that she be invited to the next City Council meeting to be introduced. Consensus of the Council to invite the new SASCC Director to the next meeting for 'introduction. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 9:20 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 17