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Home My WebLink About09-20-1985 City Council packete-f .2, AGENDA BILL NO. DATE: 9/20/85 Fiscal Impacts None q43 DEPARTMENT: Community Development CITY OF SARATOGA Approve agreement and authorize Mayor to execute same. Exhibits /Attachments 1. Agreement 2. Planning Commission Report dated 7/17/84 Council Action 10/2: Approved. Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: SDR -1577 and A -986 TIMOTHY AND CARLA ROBINSON, PARK AVENUE, AGREEMENT TO LIMIT CONSTRUCTION TO LESS THAN 50% EXPANSION Issue Stunnary Applicant received Design Review Approval for expansion of single family residence including second story. Inasmuch as addition exceeded 50%, they also received Site Approval. Subsequently applicant determined to reduce the expansion of livable space to less than 50% so as to not have to obtain Final Site Approval and meet all conditidns. They wish, however, to maintain the exterior dimensions of the structure as approved but not include the second story area. This agreement provides that if they add the second story living area they will obtain Final Site Approval and meet all conditions thereof. Recommendation Recording requested by: CITY OF SARATOGA After recordation return to: CITY OF SARATOGA Department of Community Development Attention: Kathy Kerdus, Senior Planner 13777 Fruitvale Avenue Saratoga, CA 95070 THIS AGREEMENT, dated between the CITY OF SARATOGA, a ROBINSON and CARLA ROBINSON following facts: AGREEMENT J4 'fi I S 1985, by and municipal corporation "City and TIMOTHY "Owners is made with reference to the A. Owners are the owners of certain real property located at 15097 Park Drive, in the City of Saratoga, County of Santa Clara, State of California, as more particularly described in Exhibit "A," attached hereto and made a part hereof "the Property B. Owners applied to City for building site approval and design review approval to expand the single family residence upon the Property, including the addition of a second story thereto, such applications being respectively identified as SDR -1577 and A -986. Both applications were granted by the City Planning Commission on July 25, 1984, subject to various conditions as set forth in the staff report to the Planning Commission dated July 17, 1984. C. Owners have elected not to proceed with all of the intended improvements to the Property and wish to delete the second story living area, in which event, Owners would not be required to obtain final building site approval or comply with the conditions for such approval. D. City is willing to allow Owners to modify the improvements and to waive the requirement for final building site approval, subject to the terms of this Agreement. NOW, THEREFORE, it is agreed as follows: 1. Owners shall construct the improvements in accordance with plans and specifications approved by City which shall not include the second story living area as shown on the drawings submitted by Owners in connection with the building site and design review approvals. The height of the structure shall not exceed twenty four (24) feet. By virtue of such modifications, City shall not require owners to satisfy the conditions for final building site approval and Owners shall not be required to obtain such approval. 2. In the event Owners shall hereafter desire to construct a second story living area within said residence, or otherwise expand the amount of floor space under -1- roof by more than fifty percent (50 of the floor space under roof of the structure prior to the construction of any improvements thereto, Owners shall comply with all of the conditions for final building site approval as contained in said staff report dated July 17, 1984, including specifically condition IV -A requiring the installation of sanitary sewers. If the tentative building site approval has expired as of that time, Owners acknowledge that City will be entitled to require the filing of a new application for tentative building site approval and the payment by Owners of all fees and costs associated therewith. 3. This Agreement shall run with the land and shall be binding upon Owners and their respective heirs, executors, administrators, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST: GRACE E. CORY Deputy City Clerk Government Code 40814 CITY OF SARATOGA By OWNERr TIMOTHY ROBINSON (J/ CARLA ROBINSON ,AWYt--) STATE OF CALIFORNIA COUNTY OF SANTA CLARA On this 6th day of September .,y 1985, before me, the undersigned Notary Public, personally ,appeared TIMOTHY ROBINSON and CARLA ROBINSON (X)J personally known to me proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. 211 IIIIIIIUIIIIIIIIIII/ tlIt111t11tJIIt11t11t11i1111U11111e OFFICIAL SEAL s DOROTHY C. WATTS F. NOTARY PUTLIC CALIFORNIA COUNTY OF SANTA CLARA as Comm. Exp. Aug. 7. 1987 It1111tl1IUIOQIthJt, /1/11/11 /Q h,$,Nt,l1 uIula ss. .A WITNESS my hand and official seal. ,d ro Dor}bthy C. Watts Not:t Public for California .x3"1211.17, LEGAL DESCRIPTION: PAGE 4 ESCROW NO. 301886 THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 8, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF GLEN UNA PARK BEING J.B. CLAYTON'S RE- SUBDIVISION OF LOTS 1 AND 2 MAP NO. 1 GLEN UNA RANCH, AND BEING A PART OF SECTION 12, T. 8 S, R. 2W. M.D.B. M." WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JULY 1, 1924 IN BOOK "S" OF MAPS, AT PAGES 21 AND 22. COMMONLY KNOWN AS 15097 PARK DRIVE, SARATOGA, CALIFORNIA REPORT TO PLANNING COMMISSION SUBJECT: SDR -1577 A -986 Tim Carla Robinson, 15097 Park Drive *Revised: 7/25/84 DATE: 7/17/84 Commission Meeting: 7/25/84 ACTION REQUIRED: Approval of: 1.) Tentative Building Site for a greater than 50% expansion of a single family dwelling. 2.) Design Review for a second -story addition to a single story main structure. OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval and Building Permits. PLANNING CLASSIFICATION ZONING: R -1- 20,000 GENERAL PLAN: Residential Low Density Single Family. Project complies with all applicable General Plan goals and policies. SITE DATA PARCEL SIZE: 30,627 sq. ft.+ NATURAL FEATURES VEGETATION: Large sycamores and very large pine and oak trees are contained on the site. None of these major trees will be removed. AVERAGE SITE SLOPE: Gentle OTHER ISSUES: Staff has noted that a metal shed near the western property line of the site does not conform to ordinance setback requirements and should be relocated to conform with the ordinance. There is also a latticework fence along the eastern property line to the rear of the structure which is over 6' in height and should be reduced to no higher than 6'. Report to Planning mission SDR -1577 A -986 Robinson, Park Drive SDR -1577 C 7/17/84 Page 2 PROJECT STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. This project is categorically exempt per Section 15301(e)of the CEQA Guidelines. Said determination date: 7/10/84. The Staff Report recommends approval of the tentative map for SDR -1577 (Exhibit "B -1 filed June 28, 1984) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordiance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site Approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for checking and recordation (Pay required checking recordation fees). (If parcel is shown on existing map of record, submit three (3) to- scale prints). C. Improve Park and Mendelsohn to City Standards, including the following:. D.I.A. 1. Designed Structural Section 13 ft. between centerline and flowline. D.I.A. 2. P.C. Concrete curb and gutter (R -36). D.I.A. Report to Planning 7/17/84 SDR -1577 A -986 Robinson, Park Drive Page 3 SDR -1577, cont'd. D Canst-r t erig r-eti hatri- rg -3 -ft Tat appi u vetr eciea.1-- si rg-- elett15 sea3 coat- oi3- -an d-- reeninrg better -ex- f -ag e gate- base- witirrn- ft of prvpvsed Ewe l All E. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. F. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. G. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. H. Watercourses must be kept free of obstacles which will change, retard or prevent flow. I. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. J. Enter into "Deferred Improvement Agreement" for the re- quired improvements marked "D.I.A." III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Foundation B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross-sections, existing and proposed elevations, earthwork quantities) 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. C. Bond required for $400.00 septic tank backfill. IV. SPECIFIC CONDITIONS COUNTY SANITATION DIST. NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of County Sanitation Dist. No. 4 as outlined in letter dated 7/6/84. Where this letter mentions Hill Avenue, it should read Mendelsohn Lane. Report to Planning Commission SDR -1577 A -986 Robinson, Park Drive SDR -1577, cont'd. 7/17/84 Page 4 V. SPECIFIC CONDITIONS CENTRAL FIRE DISTRICT A. Satisfactory compliance can be accomplished to the applicable codes and ordinances. VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the County Sanitation Dist. No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits, individual structures shall be reviewed by the Permit Review Division to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision /building site. C. Tree removal prohibited unless in accord with applicable City Ordinances. D. The existing metal accessory structure located next to the western property shall be relocated in conformance with ordi- nance setback requirements prior to final inspection /occupancy. E. The existing lattice work fence along the western property line shall be reduced to only six (6) feet in height prior to final inspection occupancy. Report to'Planning Commiss SDR -1577 A -986, Robinson, Park Drive A -986 DESIGN REVIEW ORDINANCE COMPLIANCE SETBACKS: Front: 78 Ft. Rear: 148 Ft. Left Side: 15 Ft. Right Side: 15 Ft. HEIGHT: 25'+ Maximum IMPERVIOUS COVERAGE: 23 SIZE OF STRUCTURE (Including Garage): 7/17/84 Page 5 Per Applicant Per Staff First Floor (Existing) 3,136 sq. ft. 3,136 sq. ft. First Floor (New) 841 sq. ft. 915 sq. ft. Second Floor (New) 948 sq. ft. 948 sq. ft. 4,925 sq. ft. 4,999 sq. ft. COMPLIANCE: The proposed project complies with ordinance setback, height, and coverage limitations. The structure is 199 sq. ft. larger than the 4,800 sq. ft. allowable floor area permitted in the R -1- 20,000 district. However, the site is over 50% larger than the minimum 20,000 sq. ft. site area required, so the larger structure would not be inappropriate. PROJECT CONSIDERATIONS Impact on Privacy Views: The proposed project will not have any adverse impact on views due to its large (78' where 30' is required) front setback, the screening pro- vided by existing vegetation, and the location of the structure on an elevation lower than Park Drive. Only the easternmost rear dormer window could have a potentially adverse privacy impact on the property to the northeast. This window is partially screened by a portion of the structure's roof and some deciduous trees (sycamore). This partial screening could be supplemented by additional evergreen landscaping. Compatibility: Most of the structures in the vicinity are single story structures but there is a two -story structure on the adjacent property to the west and one across the street about two (2) lots to the east. The second story proposed in this application is low profile and will not intrude upon the visual quality of the neighborhood because of this and other factors. The proposed structure will probably be larger than most struc- tures in the vicinity, but this is mitigated by the size of the lot and the fact that the proposed structure will be no wider than the existing structure. FINDINGS 1., Unreasonable Interference with Views or Privacy The proposed project will not unreasonably interfere with views due to its large front setback, the screening provided by existing vegetation, and its location on a elevation lower than the street elevation. Only one of the dormer windows could possibly have a privacy impact, but this can be mitigated by the installation of some evergreen trees. 2. Preservation of the Natural Landscape No grading will be required and no major trees will be removed due to the project, so the natural landscape will be preserved. Report to-Planning Commissi(i SDR -1577 A -986 Robinson, Park Drive 7/17/84 Page 6 3. Perception of Excessive Bulk There will be no perception of excessive bulk due to the modest height of the structure, the screening provided by existing vegetation, and the large front yard setback. 4. Compatible Bulk Height The structure will be comparable in height with other two -story structures in the neigh- borhood. The bulk of the existing structure will only be moderately increased and this will be mitigated by factors previously mentioned. The project will not adversely im- pact the light, air, or solar access of adjacent properties. RECOMMENDATION: Staff recommends approval per the Staff Report dated 7/17/84, Exhibits "C and D subject to the following conditions: 1. Prior to issuance of building permits, submit the following for staff review and approval: A. Any modifications to the site development plan or elevations. B ��riTrg -pi-Erns- -s iTrg tw e re r tretss w'i ercr TO s uli pTem e nT e i s t i ri g -p4-i a-e -&c- r-een -i g- eas- t-ertr -property- i tom i n s Ld l l -pr-aw #o- #4wl- s -pee t iorr/-otettpa rrey- Approved: Mic ael lore MF /dsc P.C. Agenda: 7/25/84 Planner